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HomeMy WebLinkAbout24027-4/24/78 - 24869-10/8/79IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1978. No. 24027. 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. 549, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have approximately 1.5 acres located in the City of Roanoke, adjacent to the easterly right of way of the Southwest Expressway, also known as Route 220, and at the western end of Townside Road, S. W., extended, Official Tax No. 5490307 rezoned from RG-1, General Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has not recommended that the hereinafter described land be rezoned from RG-1, General Residential District, to C-2, Commercial 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 provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 13th day of February, 1978, 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. 549 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property that approximately contains 1.5 acres located in the City of Roanoke, adjacent to the easterly right of way line of the Southwest Expressway, also known as Route 220, and at the western end of Townside Road, S. W., extended, Official Tax No. 5490307 described as: BEGINNING at a point on the line of W. R. Harbour's property (see Deed Book 309, Page 305), which point is S. 52 degs. 14' E. 20.0 feet from a concrete monu- ment, which marks the easterly corner of Lot 1, Block 1, Map of Townside recorded in Plat Book 4 at Page 80 in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, (now vacated); thence S. 37 degs. 46' W. 135.67 feet to a point; thence S. 84 degs. 46' W. 57.68 feet to a point; thence S. 37 degs. 46' W. 125.0 feet to a point; thence N. 52 degs. 14' W. approximately 250 feet; thence S. 85 degs. 52' E. 35.17 feet to a point; thence N. 13 degs. 55' E. 76.0 feet to a point; thence N. 64 degs. 24' E. 55.72 feet to a point; thence N. 36 degs. 46' E. 85.0 feet to a point; thence N. 49 degs. 12' E. 41.0 feet to a point; thence S. 52 degs. 14' E. 253.90 feet to a point being the point of Beginning and containing approximately 1.5 acres more or less, and BEING a portion of the same property conveyed to Mountain Trust Bank by Richard R. Hamlett Construction Company, Inc. by Deed dated August 18, 1977 and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Deed Book 1412 at Page 74. designated on Sheet 549 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5490307, be, and is hereby changed from RG-1, General Residential District, to C-2, General Commercial District, and that Sheet No. 549 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk May o r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1978. No. 24091. 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. 256, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have two parcels as follows: Parcel 1: property fronting 100 feet on Cove Road, N. W., being No. 3230 Cove Road, N. W., Official No. 2560134, Lot 5-B Zoll Map, and Parcel 2: property adjoining the southwesterly line of Parcel 1, being 86.10 feet by 123 feet, containing 0.243 acre, being the rear or northerly 86.10 foot portion of 1532 Guildhall Avenue, N. W., being part of original Lot 6, Map of J. A. Dyer Estate and part of Official Tax No. 2560112, rezoned from C-l, Office and Institutional District as to Parcel 1 and RD, Duplex Residential District as to Parcel 2, 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 and RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 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 10th day of April, 1978, 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. 256 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Two parcels designated on Sheet No. 256 of the Sectional 1976 Zone Map, City of Roanoke, described as follows: Parcel 1: property fronting 100 feet on Cove Road, N. W., being No. 3230 Cove Road, N. W., Official No. 2560134, Lot 5-B Zoll Map, and Parcel 2: property adjoining the southwesterly line of Parcel 1, being 86.10 feet by 123 feet, containing 0.243 acre, being the rear or northerly 86.10 foot portion of 1532 Guildhall Avenue, N. W., being part of original Lot 6, Map of J. A. Dyer Estate and part of Official Tax No. 2560112, be, and they are hereby, changed from C-i, Office and Institutional District and RD, Duplex Residential District, respectively, to C-2, General Commercial District, and that Sheet No. 256 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1978. No. 24092. AN ORDINANCE permanently vacating, discontinuing and closing a certain portion of Carver Avenue, N. E., extending from the easterly right-of-way line of Interstate Route No. 581 in an easterly direction approximately 292 feet and also a certain portion of a certain alleyway located within Section 5, Lincoln Court, and bounded on the south by the right-of-way line of Interstate Route No. 581 and bounded on the north by Carver Avenue, N. E., both being more particularly hereinafter described. WHEREAS, Fred C. Ellis and Reba H. Ellis have heretofore filed their application to the Council of the City of ROanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close that certain portion of Carver Avenue, N. E. and a certain portion of an alleyway contiguous thereto, which said street and alleyway are more particularly described hereinafter; and WHEREAS, Fred C. Ellis and Reba H. Ellis did, on November 23, 1977, 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 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. 23946 dated December 12, 1977, and by Resolution No. 24080 dated March 13, 1978, appointed viewers to view the property and report in writing whether in their opinion any inconvenience would result in permanent- ly vacating, discontinuing and closing the aforesaid portion of Carver Avenue, N. E., and a portion of a certain additional alley area contiguous thereto; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk on March 30, 1978, that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said portion of Carver Avenue, N. E., and the additional alley portion contiguous thereto; and WHEREAS, Council at its meeting on December 12, 1977, by the aforesaid Resolution No. 23946, 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 January 4, 1978, also a hearing on March 1, 1978, recommended that the hereinafter described street portion and the additional alleyway contiguous thereto be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on April 10, 1978, at 7:30 p.m., after due and timely notice thereof by publication in The Roanoke Times and World-News, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on Said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the hereinafter described street portion and the additional alleyway contiguous thereto have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will resul to any individual or to the public for permanently vacating, discontinuing and closing said street portion and the additional alleyway contiguous thereto, as requested by Fred C. Ellis and Reba H. Ellis 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 Carver Avenue, N. E., extending from the easterly right-of-way line of Inter- state Route No. 581 easterly approximately 292 feet and the additional alleyway contiguous thereto, described as follows: That certain portion of Carver Avenue, N. E. from where the same intersects with the easterly right-of-way line of Interstate Route No. 581 and extending easterly approximately 292 feet to where the boundary line between Lots 9 and 10, Section 9, Lincoln Court, as extended, intersects with the said Carver Avenue, N. E., and being bounded on the north by Lots 10 through 16, and a Portion of Lot 17, Section 9, Lincoln Court, and bounded on the south by a portion of Section 5, Lincoln Court; and Ail of that segment of a certain alleyway located within Section 5, Lincoln Court, and bounded on the south by the right-of-way line of Interstate Route No. 581, bounded on the north by Carver Avenue, N. E., bounded on the west by Official City Tax Numbers 2041701 and 2041702 and bounded on the east by Official City Tax Number 2041703. be, and they are hereby, permanently vacated, discontinued and closed, and that all right and interest of the public in and to 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 ease- ment for sewer lines and water mains and other public utilities that may now be located in or across said street portion and the additional alleyway contiguous thereto, 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 portion 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 portion and the alleyway contiguous thereto on all maps and plats on file in his office on which said street portion and alleyway contiguous thereto is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this Ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the names of Fred C. Ellis and Reba H. Ellis, and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1978. No. 24093. AN ORDINANCE to amend and reordain Sections 5.1, 6, 7, 8 and 79.1, 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, relating to height restrictions on certain structures in the several residential districts and the C-1 district and the definitions applicable to the method of determining the height of structures. BE IT ORDAINED by the Council of the City of Roanoke as follows, viz: 1. That Section 5.1, RS-i, RS-2 and RS-3 single-family residential districts regulations and Section 6, RD duplex residential district., 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 is hereby amended by the deletion of the words "2 1/2 stories" following the words "Maximum height of structures:", and reordained to read and provide as follows: Maximum height of structures: 35 feet. 2. That Section 7, 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 is hereby amended by the deletion of the words "2 1/2 stories" following the words "Maximum height of structures:", and reordained to read and provide as follows: Section 7. RG-1 and RG-2 general residential districts. Maximum height of structures: Thirty-five (35) feet, provided that buildings or portions of buildings may exceed this height if no portion over 35 feet in height projects through imaginary planes leaning inward from side and rear lot lines at an angle representing 3 feet of increase in height for each 1 foot of distance from the side or rear lot line, and further provided that height of high-rise apartments shall be governed by the provisions of section 24 of this chapter. 3. That Section 8, 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 is hereby amended by the deletion of the words "6 stories" following the words "Maximum height of structures:", and reordained to read and provide as follows: Section 8. C-1 office and institutional district. Maximum height of structures: Seventy (70) feet, except as otherwise specified. (See section 24 of this chapter for high-rise apartment provisions.) 4. That Section 79.1, Chapter 4.1 Zoning, 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 is hereby amended by repealing subsections 32 and 33 and by the addition of a new subsection 32.1, and reordained to read and provide as follows: Section 79.1. Interpretation of certain terms and words. 32.1 Structure, height of: The vertical distance measured from the average ground level on all sides of the building to: (1) in the case of flat roofs-the level of the highest point of the roof; and (2) in the case of pitched roofs-the mean level between the eaves and the highest point of the roof. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1978. No. 24102. 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 as follows: 1. That the bid of C. B. Clemmer for concession privileges at Carvins Cove for an annual fee of $200.00, as said bid and proposal was opened and read before a committee appointed for the purpose at a meeting held March 8, 1978, and is now on file in the Office of the City Clerk, be and is hereby ACCEPTED; and 2. That 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 in the premises and on which the aforesaid concessionaire's bid to the City, dated March 8, 1978, was made; said contract 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 24th day of April, 1978. No. 24104. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: STREET MAINTENANCE #1658 Personal Services Overtime (1) ................................. $39,000.00 Extra Help (2) ............................... 10,000.00 Seasonal Help (3) ............................ 2,000.00 (1) Net increase .................. $12,000.00 (2) Net decrease .................. 8,000.00 (3) Net decrease ........ 4,000.00 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 April, 1978. No. 24105. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: OPERATING EXPENSES #2004 Utilities and Communications (1) ......................... $120,500.00 CAPITAL OUTLAY #2401 New Airport Projects (2) ................................. 131,800.00 (1) Net increase .... $9,500.00 (2) Net decrease ............................... 9,500.00 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 24th day of April, 1978. No. 24106. AN ORDINANCE to amend and reordain certain sections of the 1977-78 Grant Programs 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 1977-78 Grant Programs Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: LITTER CONTROL GRANT NO. 7054050 Appropriations #6211 Other Services and Charges (1) ........................ $7,927.00 Revenue Grant Receipts (2) .................................... 7,927.00 (1) Net increase .......................... $7,927.00 (2) Net increase ........ $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 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1978. No. 24107. A RESOLUTION authorizing the acceptance of a grant made to the City of Roanoke by the Virginia Department of Conservation and Economic Development, Division of Litter Control and authorizing the execution and filing of all necessary or appropriate forms for the acceptance of said grant for the purpose of litter control projects. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke hereby accepts the grant offered by the Virginia Department of Conservation and Economic Development, DivisiOn of Litter Control, in the total amount of $7,927.00, for the purpose of litter control projects; 2. 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 all necessary or appropriate forms for the acceptance of said grant; and 3. That the City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Conservation and Economic Development, Division of Litter Control, in connection with the City's acceptance of the foregoing grant or with such projects. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1978. No. 24108. A RESOLUTION recommending and urging that the State Department of Highways and Transporta- tion reconstruct 10th Street, N. W., from Gilmer Avenue, N. W., to Williamson Road, N. W., including an interchange with Interstate 581, and allocate interstate funds for the widening of 10th Street and the aforementioned interchange; setting out the need therefor; committing the City to pay its proportionate share of the costs of such project, or 100% of all cost incurred by the Commonwealth should the City later decide to abandon the project; requesting the State Highway and Transportation Con~nissioner to acquire all the necessary rights of way for such project. WHEREAS, by Resolution No. 21896, dated November 4, 1974, Council requested the State Department of Highways and Transportation to initiate and program a project for the reconstruction of 10th Street, N. W., from Gilmer Avenue, N. W., to Williamson Road, N. W., including an interchange with Interstate 581; WHEREAS, 10th Street, N. W., remains in dire need of improvements and is one of the City's highest priorities; and WHEREAS, the 10th Street interchange with Interstate 581 is necessary to the industrial and commercial development of this area of the City of Roanoke; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager be and he is hereby directed to request the State Department of Highways and Transportation to program for preliminary engineering, right-of-way acquisition, and construction, 10th Street, N. W., from Gilmer Avenue, N. W., to Williamson Road, N. W., including the interchange with Interstate 581, such work to be accomplished by a project in which the costs will be allocated in accord with Section 33.1-44, Code of Virginia (1950), as amended; 2. That the City Manager be, and he is hereby authorized to execute, on behalf of the City, all requisite applications to the Virginia Department of Highways and Transportation, for the accomplishment of the aforesaid portion of said project within the City and, further to extend the City's assurance that the City will, upon ordering such project, commit itself to pay such proportion of the total cost as is required by Section 33.1-44, Code of Virginia (1950), as amended, for such portion of the project as is accomplished within the City out of funds provided in the City's Capital Improvements Project Account for such purposes, it to be 8 agreed and understood that, should the Department of Highways and Transportation undertake the initiation and programming of the aforesaid project and incur expense or cost therefor and should the City later desire to abandon or indefinitely postpone construction of such project, the City of Roanoke will, in either event, reimburse the Commonwealth of Virginia, Department of Highways and Transportation 100% of all costs incurred by said Department in and about initiating and programming said project pursuant to the aforesaid request; 3. That this Council hereby requests the State Highway and Transportation Commissioner, pursuant to the provisions of Section 33.1-89, Code of Virginia (1950), as amended, to acquire for the City all necessary rights-of-way for the aforesaid project and, pursuant to said section, to thereafter convey the titles so acquired to the City; and the City of Roanoke guarantees to reimburse the Commonwealth of Virginia, Department of Highways and Transportation, for such proportionate costs incurred in the acquisition of the necessary rights-of-way for said project as is required by State law, it being understood that such acquisitions will be handled by the Commissioner under established policies and procedures and that his decision in all instances shall be final; and 4. That the City Manager be and he is hereby 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 24th day of April, 1978. No. 24109. A RESOLUTION approving and adopting the Roanoke Valley Area 1975-1995 Transportation Plan, an update of the 1985 Roanoke Valley Area Thoroughfare Plan. WHEREAS, the necessity has arisen to consider and revise the Roanoke Valley Area 1975-1995 Transportation Plan, an update of the 1985 Roanoke Valley Area Thoroughfare Plan; WHEREAS, the aforesaid Plan is in agreement with the 1995 Thoroughfare Element of the City's Comprehensive Plan; WHEREAS, the Roanoke Valley Area 1975-1995 Transportation Plan was adopted by resolution of the City Planning Commission on March 1, 1978, after public hearing, and the Commission has requested by the same resolution that this Council adopt and endorse the aforementioned Plan, a copy of which is on file in the Office of the City Clerk; and WHEREAS, in accordance with the provisions of Section 15.1-431, Code of Virginia (1950), as amended, a public hearing was held before this Council on April 10, 1978, on the question of adoption of this Plan, after notice of such public hearing was given as required by Section 15.1-431, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such plan; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council approves and adopts as an adequate and workable plan for the needs of the City of Roanoke the Roanoke Valley Area 1975-1995 Transportation Plan as submitted by the City Planning Commission; 2. That this Council notes an exception in that the Plan does not include or prioritize those projects previously requested by resolution of the City Council to the Virginia Depart- ment of Highways and Transportation for programming; 3. That the City Clerk is directed to forthwith transmit attested copies of this resolution to the City Planning Commission. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1978. No. 24110. 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, or his designee as evidenced by written designation signed by H. B. Ewert; be and either the said City Manager or such designee hereby is specifically 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-510370 and C-410442. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1978. No. 24111. A RESOLUTION rejecting all bids received for providing air conditioning control in the Dimmer Room of the Civic Center Auditorium. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That all bids received by the City and read before Council on February 27, 1978, for providing air conditioning control in the Dimmer Room of the Civic Center Auditorium be and the same are hereby REJECTED; and 2. That the City Clerk is directed to notify all said bidders and to'express to each the City's appreciation for their bids. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1978. No. 24112. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations: Legal #0301 Salaries and Wages (1) ............................ $ 96,240.00 l0 Director of Finance #0401 Salaries and Wages (2) ............................ $ 192,656.30 Assessment of Real Estate #0407 Salaries and Wages (3) ............................ $ 141,624.00 Clerk of Circuit Court #0707 Salaries and Wages (4) ............................ $ 201,192.88 Juvenile Probation House #0720 Salaries and Wages (5) ............................ $ 56,530.95 Regional Intake Office #0722 Salaries and Wages (6) ............................ $ 46,071.00 Refuse Collection #1669 Salaries and Wages (7) ............................ $ 905,735.12 Police #1345 Salaries and Wages (8) ............................ $2,528,332.04 Fire #1347 Salaries and Wages (9) ............................ $2,970,114.84 Juvenile Detention Home #1527 Salaries and Wages (10) ................ ~ .......... $ 164,170.20 Social Services #1537 Salaries and Wages (11) ........................... $1,230,648.26 Nursing Home #1539 Salaries and Wages (12) ........................... $ 298,165.29 Utility Line Facilities #1605 Salaries and Wages (13) ........................... $ 673,063.15 Street Maintenance #1658 Salaries and Wages (14) ........................... $ 918,209.43 Building Maintenance #1664 Salaries and Wages (15) ........................... $ 881,587.77 Ground Maintenance #1666 Salaries and Wages (16) ........................... $ 762,859.27 Motorized Vehicle Maintenance #1671 Salaries and Wages (17) ........................... $ 459,441.20 Material Control #1311 Salaries and Wages (18) ........................... $ 140,983.49 Sheriff #0714 Salaries and Wages (19) ........................... $ 278,535.23 Management Information Services #1325 Salaries and Wages (20) ........................... $ 158,392.00 Personnel Management #0711 Salaries and Wages (21) ........................... $ 110,817.40 Billings and Collections #0409 Salaries and Wages (22) ........................... $ 182,845.68 Libraries #1585 Salaries and Wages (23) ........................... $ 378,521.26 Public Works #1601 Salaries and Wages (24) ........................... $ 169,493.19 Food Stamp Authorization #1538 Salaries and Wages (25) ............................. $ 91,690.87 Contingencies #1880 Personnel Cuts (26) ................................. $ .00 Revenue: Grants-In-Aid Commonwealth #1060 Public Assistance (27) .............................. $3,886,407.77 Food Stamp Authorization (28) ....................... $ 113,983.18 Juvenile Probation House (29) ....................... $ 51,129.97 Regional Intake (30) ................................ $ 44,475.00 Juvenile Detention (31) ............................. $ 156,205.47 Sheriff (32) ........................................ $ 436,483.00 (1) Net decrease ........ (2) Net decrease .............. (3) Net decrease ............. (4) Net decrease ........................ (5) Net decrease ........... (6) Net decrease ......... (7) Net decrease ................. (8) Net decrease ............ (9) Net decrease ................. (10) Net decrease ....... (11) Net decrease ................ (12) Net decrease ....... (13) Net decrease ............ (14) Net decrease ........ (15) Net decrease ........ (16) Net decrease ............ (17) Net decrease ................. (18) Net decrease ......... (19) Net decrease ............. (20) Net decrease ............ (21) Net decrease ............. (22) Net decrease ....... (23) Net decrease .......... (24) Net decrease ............ (25) Net decrease ............ (26) Net increase ........ (27) Net decrease ....... (28) Net decrease .......... (29) Net decrease ......... (30) Net decrease ....... (31) Net decrease ........... (32) Net decrease ........... 285.00 487.40 1,928.24 869.40 555.05 770.00 14,357.15 18,365.94 6,287.40 1,637.30 6,367.79 3,154.20 9,720.38 13,601.65 5,204.80 6,780.21 7,376.51 1,623.78 1,669.50 1,110.94 2,850.60 7.95 49.50 18.41 121.02 104,220.50 5,094.23 96.82 370.03 385.00 1,091.53 1,113.00 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 April, 1978. No. 24113. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part:' ROANOKE CITY SCHOOLS #1901 Instruction (1) .................................. $15,498,158.00 (1) Net increase .............. $26,960.00 (Anti-Recession Fiscal Assistance) 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 April, 1978. No. 24114. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 General Fund Appropriation Ordinance, be, and the same, are hereby, amended and reordained to read as follows, in part: HUMANITARIAN AND SOCIAL PROGRAMS #1832 Roanoke Life Saving Crew (1) ........................ $21,300.00 Contingencies (2) ................................... $ 835.00 (1) Net increase ................... $1,500.00 (2) Net decrease ................... 1,500.00 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 1st day of May, 1978. No. 24115. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: POLICE #1345 Other Services and Charges (1) ......................... $70,712.00 CONTINGENCIES #1880 Contingency Reserve (2) ................................ $73,127.85 (1) Net increase ........................... $15,057.00 (2) Net decrease ..................... $15,057.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1978. No. 24116. AN ORDINANCE to amend and reordain certain sections of the 1977-78 Grant Programs 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 1977-78 Grant Programs Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: GRANT PROGRAMS FUND: J & D Court Equipment 74A3043 #7460 Appropriations: Capital Outlay (1) ............................... $171.00 Revenue: Grant Receipts (2) ............................... $171.00 (1) Net decrease ............ $171.00 (2) Net decrease ................... $171.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1978. No. 24117. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: BUILDING MAINTENANCE #1664 Materials and Supplies (1) ............................. $122,425.00 Maintenance (2) ........................................ $719,045.00 (1) Net increase ......... (2) Net decrease ........... $5,600.00 $5,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1978. No. 24118. A RESOLUTION finding a state of emergency due to recent floods and declaring such emergency, authorizing emergency powers for the Director of Emergency Services, designating the Director of Finance as the fiscal agent of the City of Roanoke, and calling upon the Federal and State governments for assistance. WHEREAS, the Council of the City of Roanoke finds that on April 26, 1978, the City sustained dangerous flood conditions, and that, due to the floods, enormous and, as yet, incalcuable property damage has been done, and a condition of extreme peril to life and property exists necessitating the proclamation of the existence of an emergency; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council finds that an emergency now exists throughout this City and that such emergency has existed since April 26, 1978 and hereby declares a state of emergency retroactive to April 26, 1978; 2. That, during the existence of said emergency, the powers, functions and duties of the Director of Emergency Services and the Emergency Service Organization of the City of Roanoke shall be those previously authorized to be effective during times of emergency by Federal and State law and the ordinances and resolutions of this Council in order to address the needs of the people of the City of Roanoke and to mitigate the effects of such emergency; 3. That Joel M. Schlanger, Director of Finance, is hereby designated fs the City's financial agent to work with the Office of Emergency Services in this regard; 4. That this Council joins in the declaration of emergency by the Governor of Virginia for the Roanoke Valley area and calls upon the State and the Federal government to take steps to afford to the City of Roanoke and to the persons and business concerns and other organizations and agencies suffering injury and damage from this devestating flood such public aid and assistance as is necessary and proper to meet this state of emergency; and 5. That the City Clerk is directed to forthwith transmit attested copies of this Resolution to the Honorable John N. Dalton, Governor of Virginia. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1978. No. 24119. AN ORDINANCE accepting the proposal of Wiley N. Jackson Company for widening Hunter Memorial Viaduct, in the City of Roanoke, authorizing the proper City officials to execute the requisite contract; rejecting certain 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 Wiley N. Jackson Company for the widening of Hunter Memorial Viaduct, in the City, in accordance with the City's plans and specifications, be and said proposal is hereby ACCEPTED, the extent of work to be performed by said bidder and the costs to be incurred by the City not to exceed the total sum of $129,300.00, without further authorization by the Council; 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 contract with Wiley N. Jackson Company, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for said work; said contract to be upon such form as is approved by the City Attorney; 3. That 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 said bidders 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 1st day of May, 1978. No. 24120. AN ORDINANCE authorizing the City's execution of a written letter agreement with Norfolk and Western Railway Company providing for a right to the City, its designee or contractor, to enter upon said Company's property for the purpose of the City, its designee or contractor widening the north approach of the Hunter Viaduct; 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 on behalf of the City to execute, in the name of the City, a certain written letter agreement in the form of a license, dated April 12, 1978, granting to the City, its designee or contractor, for the consideration set forth in such agreement, the right to enter upon property of said Company outlined in green on the sketch attached to such letter agreement, dated March 20, 1978, and prepared by the Office of the Chief Engineer, Norfolk and Western Railway Company, Roanoke Terminal Division, for the purpose of widening the north approach of the Hunter~Viaduct; 2. That the City or its designee or contractor will agree to indemnify and save harmless said Company against loss or damage arising out of the.exercise of the privileges under said agreement and to certain other conditions set forth in such agreement, such agreement to be 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 1st day of May, 1978. No. 24121. A RESOLUTION concurring in the recommendation of the Water Resources Committee pertaining to demolition of the old transmitter building on Mill Mountain. BE IT RESOLVED by the Council of the City of Roanoke that this Body concurs in the recommendation of the Water Resources Committee contained in report dated May 1, 1978, that the old transmitter building on Mill Mountain be demolished and removed, and the appropriate City officials are hereby authorized and directed to cause the demolition and removal of said structure. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1978. No. 24122. A RESOLUTION waiving certain provisions of the Code of the City of Roanoke (1956), as amended, relating to the extension of water service lines with reference to a lot known and designated as 4220 Roy Drive, S. W., upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That those certain provisions of the Code of the City of Roanoke (1956), as amended, and more specifically set out in Ordinance No. 23488 heretofore adopted by the Council prohibit- lng the extension of private water systems within the corporate limits of the City for the sale and distribution of potable water be, and such provisions hereby are waived as to the extension of a water service line from the Craighead Water System to a lot known and designated as 4220 Roy Drive, S. W., and more specifically described as Lot 1 of the re-subdivision of Lots 8, 9 and 10 of Block 1, Section 1, Map of Southern Hills, upon the express terms and conditions as hereinafter set forth, to-wit: a) That R. E. Webb, the owner of the aforesaid Lot 1 of the re-subdivision of Lots 8, 9 and 10 of Block 1, Section 1, Map of Southern Hills, shall make the water line extension over and through land in which he has acquired a legal interest as evidenced by duly recorded legal instrument; b) That R. E. Webb shall agree as evidenced by his signature duly affixed and attested upon a copy of this resolution on file in the Office of the City Clerk, that upon extension of the City water system to be capable of serving the Southern Hills area, the said R. E. Webb shall cause the water service line authorized to be extended hereby to be connected to the City water system, and shall further convey unto the City without cost to the City the~legal title to any easements or other interests in real estate used in connection with the water line extension herein authorized; c) The waiver herein granted shall be for the sole and exclusive benefit of the aforesaid Lot 1 of the re-subdivision of Lots 8, 9 and 10 of Block 1, Section 1, Map of Southern Hills; d) That all and singular the terms, conditions and provisions upon which the waiver herein contained is granted shall be and remain a covenant running with the land; viz, Lot 1 of the re-subdivision of Lots 8, 9 and 10 of Block 1, Section 1, Map of Southern Hills, in favor of which the waiver is granted until such time as the City of Roanoke becomes the supplier of water to said property. 2. That this resolution shall be in full force and effect upon the due execution hereof by the said R. E. Webb and his wife, evidencing their acceptance of the terms and conditions contained herein. EXECUTED and ACCEPTED on the __day of' , 1978: (SEAL) R. E. Webb (SEAL) Apirom K. Webb STATE OF VIRGINIA) ) To-wit: CITY OF ROANOKE ) I, , a Notary Public in and for the City of Roanoke, State of Virginia, hereby certify that R. E. Webb and Apirom K. Webb, husband and wife, whose names are signed to the foregoing Resolution No. 24122, have each personally appeared before me in my jurisdiction aforesaid and acknowledged the same. Given under my hand this__ day of , 1978. My Commission expires: Notary Public ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1978. No. 24123. A RESOLUTION expressing the Council's appreciation to the Patrick Henry Distributive Education Clubs of America for their preparation of a Marketing Survey Evaluating the Effectiveness of the Sales Personnel of Downtown Roanoke. WHEREAS, Distributive Education students at Patrick Henry High School have conducted an extensive marketing survey of the effectiveness of sales personnel in downtown Roanoke; WHEREAS, the marketing survey completed by the Distributive Education students is a most helpful survey which would have cost a considerable sum of money had such survey been completed by a private consultant; WHEREAS, the students acted as shoppers in nineteen downtown stores, tabulated the finding~ of their study, and prepared the charts and graphs attached to the marketing survey, which is comprehensive and very professionally done, and which involved a considerable expenditure of time by the participating students. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council extends its appreciation and gratitude to the Distributive Education students at Patrick Henry High School who participated in the preparation of the marketing survey with regard to Downtown Roanoke which survey was done in a thorough and professiona~ manner reflecting credit on the Patrick Henry Distributive Clubs; and 2. That the City Clerk be and is hereby directed to transmit an attested copy of this resolution to the Distributive Education Clubs at Patrick Henry High School. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1978. No. 24127. AN ORDINANCE accepting the offer of the City of Roanoke Redevelopment and Housing Authority to convey certain property lying between llth and 12th Streets, S. W., and Norfolk and Jackson Avenues, S. W., to the City of Roanoke for park purposes; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of the City of Roanoke Redevelopment and Housing Authority to convey to the City certain property for a park site consisting of the block located between llth and 12th Streets, S. W., and Norfolk and Jackson Avenues, S. W., excluding the Norfolk and Western Railway property fronting on Jackson Avenue, S. W., more particularly shown on Plan No. 5672, prepared by the Office of the City Engineer, dated January 27, 1978, and on file in the Office of the City Clerk, be, and said offer is hereby ACCEPTED; 2. That such acceptance shall be effective upon delivery to the City of a good and sufficient deed of conveyance and approval of such deed 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 8th day of May, 1978. No. 24128. A RESOLUTION relating to the relocation and/or adjustment of utility facilities in connection with Highway Project No. U-000-128-105, RW-201, C-501. WHEREAS, the Department of Highways and Transportation proposes to construct or otherwise improve a section of roadway from the north end of 24th Street Tunnel to the intersection of Melrose Avenue designated as Highway Project No. U-000-128-105, RW-201, C-501; and WHEREAS, the City is responsible for making arrangements for the adjustment and/or relocation of existing utilities and for the installation of any new utility facilities. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City certifies that all arrangements have been made or will be made for the relocation and/or adjustment of all existing utility facilities and for the installation of any new utility facilities in connection with the construction of the aforementioned Highway project; that in the event of any justifiable claims from the road contractor for delays or interference caused by adjustment and/or relocation of said utilities, the City of Roanoke hereby agrees to be responsible for said claims, provided the City is advised in writing by the Highway Department at the time of the delay that the road contractor intends to file a claim; and that the utilities hereinabove referred to are identified as follows: UTILITY OWNER TYPE OF FACILITY City of Roanoke Sanitary Sewer Roanoke Gas Company Gas The Chesapeake and Potomac Telephone Company of Virginia Communication Appalachian Power Company Power. BE IT FURTHER RESOLVED that attested copies hereof be transmitted through the proper channels of communication by the City Manager to the Commonwealth of Virginia, Department of Highways and Transportation. APPROVED ATTEST: City Clerk May o r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1978. No. 24129. AN ORDINANCE authorizing the employment of the professional services of certain engineers to provide preliminary design, soil and pavement investigation analyses, cost estimates, drawings and specifications for, providing supervision and inspection of and performing other related services in connection with improvements to ramp aprons at Roanoke Municipal Airport, Woodrum Field, 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 firm of Hayes, Seay, Mattern & Mattern, Engineers, of Roanoke, be, and is hereby employed as engineers to perform necessary preliminary design, soil and pavement investiga- tion analyses, cost estimates and to prepare all necessary plans, drawings and specifications and related services in connection with improvements to ramp aprons at Roanoke Municipal Airport, to assist in the drafting of a proposal and contract forms, and to perform all other related pro- fessional services in connection with such work at Roanoke Municipal Airport, Woodrum Field, said firm to be paid for its services a sum not to exceed $18,600.00 without additional authorization of the Council, to be paid as provided in a certain written agreement dated March 17, 1978, and on file in the Office of the City Clerk, with additional services performed by said engineers to be compensated at a negotiated rate based on rates used to compute the aforesaid payment; 2. That the form of agreement proposed by said engineers dated March 17, 1978, on file in the Office of the City Clerk, as aforesaid, is hereby generally approved, the contract, other- wise to be upon such form as is approved by the City Attorney; 3. That the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to execute the aforesaid written agreement above-mentioned; 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 8th day of May, 1978. No. 24130. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: FIRE #1347 Utilities and Communications (1) ....... $ 60,400.00 PARKS AND RECREATION #1375 Utilities and Communications (2) ....... $ 92,000.00 CONTINGENCIES #1880 Contingency Reserve (3) ................ $171,405.35 Utilities Rate Increase (4) ............ $ .00 (1) Net increase ............. $12,000.00 (2) Net increase ............ $ 8,000.00 (3) Net decrease ............ $12,000.00 (4) Net decrease ............ $ 8,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1978. No. 24131. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: 2O BUILDING MAINTENANCE #1664 Utilities and Communications (1) ...... $278,110.00 Maintenance (2) ....................... $708,245.00 CONTINGENCY RESERVE #1880 Contingencies (3) ..................... $156,805.35 (1) Net increase ................ $31,000.00 (2) Net decrease .... $16,400.00 (3) Net decrease $14,600.00 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 8th day of May, 1978. No. 24132. AN ORDINANCE to amend and reordain certain sections of the 1977-78 General Fund and Grant Programs 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 1977-78 General Fund and Grant Programs Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Contingencies #1880 Contingencies (1) ................ $156,699.30 Commonwealth Attorney #0710 Local Cash Match (2) ............. $ 1,376.05 GRANT PROGRAMS FUND Law Interns 77A4390 #7494 Appropriations: Personal Services (3) ............ $ 2,121.00 Revenues: Grant Receipts (4) ............... $ 2,014.95 Local Match (5) .................. $ 106.05 (1) Net decrease- $ 106.05 (2) Net increase- $ 106.05 (3) Net increase ........... $2,121.00 (4) Net increase- $2,014.95 (5) Net increase ........... $ 106.05 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 8th day of May, 1978. No. 24133. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds for employment of two law student interns in the Commonwealth's Attorney's Office. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That H. B. Ewert, City Manager, be and he is hereby authorized to accept, execute and file the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for Action Grant No. 77-A4390 for Federal funds in the amount of $2,016.95, through said Division, to be used, along with certain other local cash contributions, to aid said imple- mentation and continuation of a law intern program in the City, estimated to cost approximately $2,121.00; and 2. That the City Manager or his succesor in office is further directed to furnish such additional information as may be required by the Division of Justice and Crime Prevention in connection with the City's aforesaid acceptance of said grant or with said project. ATTEST: City Clerk Mayor APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1978. No. 24134. AN ORDINANCE to amend and reordain certain sections of the 1977-78 Grant Programs 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 1977-78 Grant Programs Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: GRANT PROGRAMS FUND Outreach Detention 75A3170 #7410 Appropriations: Refund Balance (1) ............... $375.18 Revenue: Grant Receipts (2) .............. $ .00 State Reimbursements (3) ........ $ .00 (1) Net decrease ......... $23,184.17 (2) Net decrease ......... $ 6,746.00 (3) Net decrease ......... $16,438.17 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Mayor APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1978. No. 24135. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTRIBUTIONS AND SUBSIDIES #1832 Other Agencies Roanoke Life Saving Crew (1) ....... $ 1,000.00 CONTINGENCIES #1880 Contingency Reserve (2) ............ $155,699.50 (1) Net increase (2) Net decrease- $1,000.00 $1,000.00 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 May, 1978. No. 24136. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 emergeney is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1977-78 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: NEW AIRPORT PROJECTS #2401 Airport Runway Marking (1) ......... $18,000.00 Entrance Road Lighting (2) ......... $17,000.00 (1) Net increase. (2) Net decrease. Si8,000.00 $18,000.00 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 May, 1978. No. 24137. AN ORDINANCE accepting a certain proposal and awarding a contract for the remarking of Runway 15-33 and a portion of Runway 5-23 at Roanoke Municipal Airport, Woodrum Field, 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 as follows: 1. That, conditioned upon the concurrence and approval of the Division of Aeronautics of the State Corporation Commission of the City's award of contract as hereinafter provided, first obtained, said Commission's agreement to participate with the City in payment of a portion of the allowable cost of the improvements hereinafter described to the extent set out in letter agreement dated April 12, 1978, from the State Corporation Commission, Division of Aeronautics, the bid and proposal made by John A. Hall and Company, Incorporated, for the remarking of Runway 15-33 and a portion of Runway 5-23, at Roanoke Municipal Airport, Woodrum Field, in full accordance with the City's plans and specifications made therefor, and within the period of time mentioned in said specifications, for the sum of $18,000.00, payable as provided in the bid documents which are on file in the Office of the City Clerk, be and said bid is hereby ACCEPTED; 2. That the City Manager and the City Clerk, upon the City's receipt of concurrence of 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, the bidder's proposal and the provisions of this ordinance, the form of which contract 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 ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1978. No. 24138. A RESOLUTION waiving certain provisions of Ordinance No. 22055, adopted February 3, 1975, relating to underground installation of telephone, telegraph, and electric wires, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the provisions of Ordinance No. 22055, adopted February 3, 1975, requiring that all telephone, telegraph, and electric wires and cables in the Gainsboro Neighborhood Development Project area shall, unless otherwise expressly authorized by Council, be placed underground, are hereby waived to authorize the overhead relocation by Appalachian Power Company of a portion of the 69 KV line from Lukens Station from the west side of the present Peach Road to the new east side of Peach Road, which will be renamed Gainsboro Road, and from the St. Andrews Catholic Church property on the south to Orange Avenue on the north, a distance of approximately 1500 feet, such proposed 69 KV line being more particularly described on Appalachian Power Company drawing No. 071-547, dated December 15, 1977, a copy of which is on file in the City Clerk's Office; and 2. That this waiver shall apply only to the 69 KV line described~herein and no other lines shall be attached to the poles or supports for such line unless expressly authorized by Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1978. No. 24124. AN ORDINANCE permanently vacating, discontinuing and closing that certain alleyway extending in a northerly direction from its intersection with Rutherford Avenue, through Block 2 according to the Map of the Northside Addition, which is more particularly described hereinafter. 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 Council to permanently vacate, discontinue and close that certain alleyway, which is more particular- ly described hereinafter;and WHEREAS, the City of Roanoke Redevelopment and Housing Authority did on February 14, 1978, 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 City of Roanoke (Campbell Avenue entrance) and at the Campbell Avenue and Salem Avenue entrances of the Market House in the City of Roanoke, all of which is verified by affidavit of the City Sheriff appended to the application; and WHEREAS, more than ten 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, viewers were appointed by the Council by Resolution No. 24041, dated February 27, 1978, to view the hereinafter described alleyway sought to be perma- nently vacated, discontinued and closed and to report in writing whether or not in their opinion any inconvenience would result from formally vacating, discontinuing and closing said alleyway; and WHEREAS, it appearing from the written report of the viewers dated March 21, 1978, and filed with the City Clerk on March 29, 1978, that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing permanently said alleyway; and WHEREAS, Council at its meeting on February 27, 1978, referred said application to the City Planning Commission, which, after giving proper notice to all concerned and having a hearing at its regular meeting on March 15, 1978, recommended that the requested closing of the alleyway be approved; and WHEREAS, a public hearing was held on said application before Council at its regular monthly meeting on May 8, 1978, after due and timely notice thereof by publication in The Roanoke 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 closing of the hereinafter described alleyway have been properly notified; and WHEREAS, from all the foregoing, Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said alleyway, as applied for 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 that certain alleyway extending in a northerly direction from its intersection with Rutherford Avenue through Block 2 according to the Map of the Northside Addition, situate in the City of Roanoke, Virginia, described as follows: BEING all of that certain alleyway bounded on the east by the westerly line of two parcels bearing Official City Tax Nos. 2021676 and 2021675; and on the west by the easterly line of Lot 3, Block 2, Northside Addition, which lot bears Official Tax No. 2021674; on the south by the northerly line of Rutherford Avenue and on the north by the southerly line of an alley closed by Ordinance No. 23282 of the Council of the City of Roanoke, Virginia, adopted October 25, 1976, and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Deed Book 1389, page 621; and being shown in red on an excerpt from City Appraisal Map Sheet No. 202 on file in the Clerk's Office of the City of Roanoke. be, and it hereby is, permanently vacated, discontinued and closed as a public alleyway; 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, unto the City of Roanoke an easement for any sewer lines or water mains and other public utilities that may now be located across said alleyway, together with the right of ingress and egress for the maintenance of such lines, mains or utilities, such easement or easements to terminate upon the later abandon- ment of use or permanent removal from said alleyway 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 alleyway on all maps and plats on file in his office on which said alleyway is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that 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 the City of Roanoke Redevelopment and Housing Authority, 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 22nd day of May, 1978. No. 24125. AN ORDINANCE permanently vacating, discontinuing and closing that portion of Tuck Street between Wallace Avenue and Orange Avenue, that portion of Purcell Avenue between Tuck Street and Walton Street, that certain alleyway between Tuck Street and Light Street, and that certain alleyway between Tuck Street and Walton Street, which are more particularly described hereinafter. WHEREAS, Blue Stone Block, Inc., E. J. Mason, and Rockydale Quarries Corporation have heretofore jointly 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 certain portions of streets and alleyways, which are more particularly described hereinafter; and WHEREAS, Blue Stone Block, Inc., E. J. Mason, and Rockydale Quarries Corporation did on February 10, 1978, 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 appen~e~ to the application; and WHEREAS, more than ten days having expired since the publication of the notice of said application, in accordance with the prayers of said application and the provisions of Section 15.1-364 of the Code of Virginia, as amended, viewers were appointed by Council by Resolution No. 24042, dated February 27, 1978, to view the said street and alleyway portions and to report in writing whether or not in their opinion any inconvenience would result from formally vacating, discontinuing and closing said street and alleyway portions; and WHEREAS, it appearing from the written report of the viewers, dated April 14, 1978, and filed with the City Clerk on April 20, 1978 that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing permanently said street and alleyway portions; and WHEREAS, Council at its meeting on February 27, 1978 referred said application to the City Planning Commission, which after giving proper notice to all concerned and having a hearing at its regular meeting on March 15, 1978, recommended that the requested street and alley closings be approved; and WHEREAS, public hearing was held on said application before the Council at its regular monthly meetings on May 8, 1978, after due and timely notice thereof by publication in The Roanoke 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 street and alley closings along said street and alleyway portions have been properly notified; and WHEREAS, from all the foregoing, Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said street and alley portions, as applied for by Blue Stone Block, Inc., E. J. Mason, and Rockydale Quarries Corporation, and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the portion of Tuck Street between Wallace Avenue and Orange Avenue, the portion of Purcell Avenue between Tuck Street and Walton Street, that certain alleyway between Tuck Street and Light Street, and that certain alleyway between Tuck Street and Walton Street, which are more particularly des- cribed as follows: PARCEL 1 (Street) BEING the entirety of Tuck Street (formerly Clay Street), bounded on the north by the southerly line of Orange Avenue; on the east by the westerly line of Block 18 and Block 14, of the Jackson Park Map; on the south by the northerly line of Wallace Avenue; and on the west by the easterly line of Block 17 and Block 11 of the Jackson Park Map. PARCEL II (Street) BEING that portion of Purcell Avenue (formerly Holcombe Avenue), bounded on the west by the easterly line of Tuck Street; on the north by the southerly line of Block 18 of the Jackson Park Map; on the east by the westerly line of Walton Street; and on the south by the northerly line of Block 14 of the Jackson Park Map. PARCEL III (Alleyway) BEING that portion of that certain alleyway extending through Block 11 of the Jackson Park Map, bounded on the east by the westerly line of Tuck Street; on the south by the northerly line of Lots 1 through 7, Block 11, of the Jackson Park Map; on the west by the easterly line of Light Street; and on the north by the southerly line of Lots 8 through 15, Block il, of the Jackson Park Map. PARCEL IV (Alleyway) BEING that portion of that certain alleyway extending through Block 14 of the Jackson Park Map, bounded on the west by the easterly line of Tuck Street; on the north by the southerly line of Lots 33 through 53, Block 14 of the Jackson Park Map; on the east by the westerly line of Walton Street; and on the south by the northerly line of Lots 1 through 21, Block 14, of the Jackson Park Map. The aforesaid street and alley portions are desig- nated in red upon the excerpt from City of Roanoke, Virginia, Appraisal Map, Sheet No. 322, which has been filed with the Clerk of the City of Roanoke, Virginia. be, and they hereby are, permanently vacated, discontinued and closed as public streets and alleys, 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 street portion and/or alleyway together with the right of ingress and egress for the maintenance of such lines, mains or utilities, such easements or easement to terminat~ upon the later abandonment of use or permanent removal from the above-described street portion and/ or alleyway 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 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 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, at the expense of the within named applicants, in the deed books in his office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Blue Stone Block, Inc., E. J. Mason, and Rockydale Quarries Corporation, and in the name of any other party 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 May, 1978. No. 24126. 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. 520, Sectional 1976 Zone Map, City of Roanoke, with respect to Zoning. WHEREAS, the Planning Staff of the City Planning Commission recommends that the following property, to-wit: 27 The property located on the westerly side of Aerial Way Drive, S. W., containing 2.694-acres, more or less, bearing Official Tax Nos. 5200113 and 5200114, be rezoned from RG-1, General Residential District, to LM, Light Manufacturing District; WHEREAS, the City Planning Commission has recommended that the hereinafter described property be rezoned from RG-1, General Residential District to LM, Light Manufacturing District; WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, 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 the aforesaid section; and WHEREAS, the hearing as provided for in said notice was held on the 8th day of May, 1978, 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 recommendation 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. 520, of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no more, viz: The property located on the westerly side of Aerial Way Drive, S. W., containing 2.694-acres, more or less, bearing Official Tax Nos. 5200113 and 5200114, designated on Sheet No. 520, of the 1976 Zone Map, City of Roanoke, be, and is hereby changed from RG-1, General Residential District, to LM, Light Manufacturing District, and the Sheet 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 May, 1978. No. 24142. AN ORDINANCE to amend and reordain Section #1375, "Parks and Recreation," of the 1977-78 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 Section #1375, "Parks and Recreation," of the 1977-78 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PARKS AND RECREATION #1375 Personal Services (1) ................................ $358,226.00 (1) Net increase ........... $6,390.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 28 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1978. No. 24143. AN ORDINANCE to amend and reordain Section 3.1, Procedure for election of school trustees, Chapter 1 of Title VII, Public Schools, Code of the City of Roanoke (1956), as amended, deleting the requirement that Council interview all candidates at 7:30 p.m., on the third Wednesday following the first announcement and authorizing election to fill a vacancy or vacancies at a special meeting of Council, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 3.1, Procedure for election of school trustees, Chapter 1, General Provisions, of Title VII, Public Schools, of the Code of the City of Roanoke (1956), as amended, be, and said section is hereby amended and reordained so as to read and provide as follows: Section 3.1. Procedure for election of school trustees. (a) In considering the election of a trustee on the Roanoke City School Board, the council shall announce its intention to take such action: (1) at two consecutive regular sessions of the council and (2) in advertisements in a newspaper of general cir- culation in the city once a week for two consecutive weeks. Such advertisement shall be no less than two columns wide by 4 inches high. (b) Subsequent to the announcement and adver- tisements required by paragraph (a) of this section, the council shall interview all candidates who have filed written applications for such appointment at an open session with the council meeting as a commit- tee of the whole. Each applicant shall be given an opportunity to make an opening statement of not more than five minutes. Ail questions to be put to the candidates shall be in writing, signed and submitted at the beginning of the meeting. Questions shall be put to the candidates on a basis whereby the order of inquiry is varied. Ail candidates shall sit together at the hearing. (c) Following such hearing, the council shall hold an election to fill the vacancy or vacancies on the Roanoke City School Board at a regular or special session of the council. (d) Ail written applications for appointment as a trustee on the Roanoke City School Board shall be open to the public when received by the City Clerk. This procedure shall apply to any election to the Roanoke City School Board, whether or not that seat is currently held by an incumbent or is vacant. 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 22nd day of May, 1978. No. 24144. AN ORDINANCE to amend and reordain Section #24019, "Capital Outlay From Revenue," of the 1977-78 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 Section #24019, "Capital Outlay From Revenue," of the 1977-78 Airport Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE #24019 Seal Hander Access (1) .............................. $20,176.11 Seal Runway 27 (2) .................................. 82.08 Entrance Road Lighting (3) .......................... 14,000.00 (1) Net increase ................... $10,976.11 (2) Net decrease ................... 7,976.11 (3) Net decrease ................... 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 22nd day of May, 1978. No. 24145. AN ORDINANCE accepting a certain proposal and awarding a contract for general aviation area asphalt sealing at Roanoke Municipal Airport, Woodrum Field, 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 am follows: 1. That, conditioned upon the concurrence and approval of the Division of Aeronautics of the State Corporation Commission of the City's award of a contract as hereinafter provided, first obtained, said Commission's agreement to participate with the City in payment of a portion of the allowable cost of the improvements hereinafter described to the extent set out in letter agreement dated December 15, 1977 from the State Corporation Commission, Division of Aeronautics, the bid and proposal made by Eggleston and McNeil Company, Inc., for general aviation area asphalt sealing at Roanoke Municipal Airport, Woodrum Field, in full accordance with the City's plans and specifications made therefor, and within the period of time mentioned in said specifications, for the sum of $19,999.44, payable as provided in the bid documents which are on file in the Office of the City Clerk, be and said bid is hereby ACCEPTED; 2. That the City Manager and the City Clerk, upon the City's receipt of concurrence of 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, the bidder's proposal and the provisions of this ordinance, the form of which contract 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 ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1978. No. 24146. AN ORDINANCE accepting a certain proposal and awarding a contract for installation of new wiring and conduit for high intensity runway lighting at Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions; rejecting certain other bids; 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 proposal of Floyd S. Pike Electrical Contractor, Inc., for installation of new wiring and conduit for high intensity runway lighting at Roanoke Municipal Airport, Woodrum Field, for the total amount of $26,910.00, be and is hereby ACCEPTED; 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 contract with Floyd S. Pike Electrical Contractor, Inc., the same to incorporate the terms and conditions of this ordinance, the bidder's proposal and the City's plans and specifica- tions made therefor; said contract to be upon 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 notify said other bidders and to express 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 that 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 May, 1978. No. 24148. A RESOLUTION dedicating that property heretofore known as the Naval Reserve Armory, located at the corner of Franklin Road and Reserve Avenue, S. W., and being a portion of Official No. 1040202, to the School Board of the City of Roanoke to be used for school purposes. BE IT RESOLVED by the Council of the City of Roanoke that this Council does hereby dedicate to the School Board of the City of Roanoke that certain property known as the Naval Reserve Armory and more particularly described as follows, to-wit: Beginning at the southwestern corner of Reserve Avenue (also known as Naval Reserve Avenue) and Jefferson Street; running thence, N. 81 deg. 41' W., and along the southern right-of-way line of Reserve Avenue (also known as Naval Reserve Avenue) 1735.38 feet to a point forming the Actual Place of BEGINNING of the lands herein des- cribed; thence, and from said Actual Place of BEGINNING, N. 81 deg. 41' W., and along the southern right-of-way line of Reserve Avenue (also known as Naval Reserve Avenue) 137.58 feet to a point of curve; thence, with a curve to the left having a radius of 90 feet, an arc distance of 97.41 feet to a point of tangent in the eastern right- of-way line of Franklin Road, the chord of said arc bear- ing S. 67 deg. 18' 30" W., 92.7 feet; thence, S. 36 deg. 18' W., and along the eastern right-of-way line of Franklin Road, 134.85 feet to a point on the northern bank of the Roanoke River; thence, S. 54 deg. 40' E., along the said northern bank of Roanoke River 314.9 feet to a point; thence, leav- ing said river bank and proceeding N. 8 deg. 19' E., 310.0 feet to the Actual Place of BEGINNING, containing 1.35 acres, more or less, and being as shown on Plan No. 3434 of Maher Field, dated February 19, 1949, and last revised November 19, 1952. said property to be used for school purposes. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1978. No. 24149. A RESOLUTION expressing the Council's appreciation for the excellent service rendered during the recent period of flooding. WHEREAS, the City of Roanoke has recently withstood the ravages of one of the most dangerous floods in the history of the City; WHEREAS, extraordinary and heroic efforts have been made by those responding to the needs of the City during and i~ediately after the period of flooding; and WHEREAS, it is the desire of this Body to express its gratitude to those persons and agencies providing such service to the City. THEREFORE, BE IT RESOLVED by the Council of the City of roanoke that this Council does hereby recognize, acknowledge and express to all State and local agencies, the entire City staff and all others who participated in the alleviation of hardship and suffering, its sincere apprecia- tion for the selfless and untiring service rendered to the citizenry of the City of Roanoke during the recent period of dangerous and damaging flood conditions suffered by the City. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1978. No. 24150. A RESOLUTION authorizing the holding of two regular Council meetings during the months of June, July and August, 1978. 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, 1978, shall be as follows: a) June 12, 1978 - 7:30 p.m. b) June 26, 1978 - 2:00 p.m. c) July 10, 1978 - 7:30 p.m. d) July 24, 1978 - 2:00 p.m. e) August 14, 1978 - 7:30 p.m. f) August 28, 1978 - 2:00 p.m. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1978. No. 24151. AN ORDINANCE to amend and reordain certain sections of the 1977-78 General Fund Appropria- tion 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 1977-78 General Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: LAW LIBRARY #1587 Materials and Supplies (1) .......................... $11,600.00 LIBRARIES #1585 Travel and Education (2) ............................ 3,500.00 (1) Net increase ...................... $2,000.00 (2) Net decrease ...................... 2,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1978. No. 24152. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Combined Federal School Programs (A01190175001) (1) ........... $2,131,472.83 REVENUE State and Federal Programs (R01191001) (2) ................... $2,127,568.83 (1) Net increase .................. $56,519.00 (2) Net increase ................................. $56,519.00 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 May, 1978. No. 24153. A RESOLUTION urging Federal and State representatives of the Roanoke-Salem area to solicit the expeditious conclusion of the study to alleviate the flood damage potential of the Roanoke River basin and the expeditious treatment by the Army Corps of Engineers of the flood problem which exists in the Roanoke-Salem area. WHEREAS, by the Flood Plain Management Study - Roanoke River prepared by the Department of the Army, Wilmington District Corps of Engineers, dated February 1978, the Army Corps of Engineers concluded that the Roanoke River flood plain in the Roanoke-Salem area is a major flood damage center; and WHEREAS, said report concluded that the Roanoke River flood situation in the Roanoke- Salem area warrants full consideration of flood control measures for reducing damage; and WHEREAS, said report further recommended that certain measures designed to minimize and prevent serious flooding in the ROanoke-Salem area be deferred until the upstream potential is determined by the Upper Roanoke Basin Study, which report is not expected to be issued before 1980; and WHEREAS, this Council and the Citizens of the City of Roanoke are seriously and gravely concerned about the danger to life and property occasioned by the flooding which may occur before corrective action will be taken by the Army Corps of Engineers. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Body does hereby request that all representatives from the Roanoke-Salem area elected to the Federal and State legislative bodies solicit the expeditious treatment by the Army Corps of Engineers of the flood problem which currently exists in the Roanoke-Salem area and the expeditious conclusion of the study to alleviate the flood damage potential; and 2. That the City Clerk be and hereby is directed to forthwith transmit an attested copy of this resolution to each elected representative from the Roanoke-Salem area serving in a Federal or State legislative body and to the Department of the Army, Wilmington District Corps of Engineers. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of May, 1978. No. 24154. AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1978, and ending June 30, 1979; 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, 1978, and ending June 30, 1979, shall constitute a General Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: REVENUE General Property Taxes Other Local Taxes License, Permits and Privilege Fees Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Current Services Sale of Services, Commodities and Property Miscellaneous Interfund Services School Revenue $25,237,458.00 13,532,200.00 5,179,797.00 253,700.00 892,800.00 8,103,749.00 3,101,365.00 1,734,275.00 465,100.00 276,000.00 2,179,550.00 13,093,168.00 Total Revenue $74,049,162.00 APPROPRIATIONS Council City Clerk City Manager City Attorney Director of Finance Commissioner of Revenue City Treasurer Assessment of Real Estate Division of Billings and Collections Municipal Auditing Independent Auditing Personnel Management Board of Equalization of Real Estate Board of Zoning Appeals Electoral Board Circuit Court General District Court Juvenile and Domestic Relations Court Clerk of Circuit Court Commonwealth's Attorney Sheriff Jail Juvenile Probation House Regional Intake Office Director of Utilities Engineering, Planning and Building Inspection Market Parking Garage Director of Administration and Public Safety Materials Control Management Information Services Police Fire Emergency Services Parks and Recreation Stadium and Athletic Field Armory Director of Human Services Juvenile Detention Home Outreach Detention Social Services Food Stamp Authorization Nursing Home Roanoke City Health Department Hospitalization of Indigents Libraries Law Library Director of Public Works Utility Line Facilities Street Maintenance Building Maintenance Ground Maintenance Refuse Collection Motorized Vehicle Maintenance Snow Removal Street Lighting Employee Benefits Contributions and Subsidies Miscellaneous Transfers to Other Funds Contingencies Roanoke City Schools $ 78,441.00 91,654.00 233,644.00 164,677.00 274,168.00 252,254.00 220,025.00 275,349.00 271,373.00 99,180.00 36,500.00 143,297.00 22,255.00 15,404.00 66,687.00 170,268.00 206,140.00 408,997.00 280,998.00 187,258.00 344,645.00 531,928.00 91,853.00 52,365.00 44,316.00 788,130.00 31,740.00 59,826.00 44,523.00 478,862.00 550,536.00 3,195,142.00 3,412,606.00 48,220.00 524,541.00 41,500.00 14,400.00 42,377.00 246,015.00 66,478.00 4,933,289.00 166,146.00 461,815.00 553,961.00 166,000.00 650,959.00 11,344.00 199,861.00 973,675.00 1,962,101.00 2,355,568.00 1,035,651.00 1,573,191.00 937,586.00 123,825.00 423,750.00 4,394,205.00 1,757,845.00 417,750.00 9,727,411.00 890,519.00 26,224,138.00 Total Appropriations $74,049,162.00 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 1978-79 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, 1978. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of May, 1978. No. 24155. AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1978, and ending June 30, 1979; 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, 1978, and ending June 30, 1979, and any surplus funds as of June 30, 1978, 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 $2,987,200.00 225,550.00 Total Revenue $3,212,750.00 APPROPRIATIONS General Operating Expense Water Pumping Station and Tanks Water Purification Depreciation Interest Expense Capital Outlay $1,639,098.00 287,215.00 307,435.00 619,000.00 117,206.00 1,112,224.00 Total Appropriations $4,082,178.00 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 1978-79 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, 1978. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of May, 1978. No. 24156. AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1978, and ending June 30, 1979; 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, 1978, and ending June 30, 1979, and any surplus funds as of June 30, 1978, 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 $2,558,500.00 21,000.00 Total Revenue $2,579,500.00 36 APPROPRIATIONS General Operating Expenses Depreciation Interest Expense Capital Outlay $2,607,127.00 756,720.00 304,129.00 1,330,000.00 Total Appropriations $4,997,967.00 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 1978-79 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, 1978. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of May, 1978. No. 24157. AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1978, and ending June 30, 1979; 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, 1978, and ending June 30, 1979, and any surplus funds as of J~ne 30, 1973, 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 $ 390,100.00 Non-Operating 608,976.00 Total Revenue $ 999,076.00 APPROPRIATIONS Operating Expense Promotional Expenses Depreciation Capital Outlay $ 953,726.00 42,000.00 320,222.00 3,350.00 Total Appropriations $1,319,298.00 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 1978-79 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, 1978. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of May, 1978. No. 24158. AN ORDINANCE adopting the annual Municipal Airport Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1978, and ending June 30, 1979; 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, 1978, and ending June 30, 1979, and any surplus funds as of June 30, 1978, 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 $1,165,300.00 165,750.00 Total Revenue $1,331,050.00 APPROPRIATIONS Operating Expense Depreciation Interest Expense Capital Outlay Total Appropriations $1,014,824.00 344,975.00 50,031.00 193,350.00 $1,603,180.00 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 1978-79 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, 1978. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of May, 1978. No. 24159. AN ORDINANCE to adopt and provide a new Pay Plan for the employees of the City of Roanoke effective July 1, 1978; amending and modifying Ordinance No. 23644 to the extent herein provided; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That there be and is hereby adopted by the Council and made applicable to all of the City's employees on the City's payroll as of the first day of July, 1978, and to such of them and others who are hereinafter provided for in this ordinance, the Pay Plan hereinafter set out as Schedule 1, which shall read and provide as follows: 28 SCHEDULE 1 SYSTEM OF PAY RATES AND RANGES CITY OF ROANOKE, VIRGINIA JULY 1, 1978 Hourly Equiv. Range of Step 1 No. 2.9125 7 3.0625 8 3.2125 9 3.3813 10 3.5563 11 3.7438 12 3.9313 13 4.1313 14 4.3438 15 4.5688 16 4.7938 17 5.0375 18 5.2938 19 5.5500 20 5.8250 21 6.1125 22 6.4188 23 6.7438 24 7.0750 25 7.4188 26 7.8000 27 8.2000 28 8.6063 29 9.0375 30 9.4875 31 9.9563 32 10.4625 33 10.9750 34 11.5313 35 12.1000 36 12.7063 37 13.3375 38 14.0063 39 14.7125 40 NOTE: Hourly equivalent Steps in Bi-Weekly Amounts 1 2 3 4 5 (6,058) (6,370) (6,682) (7,033) (7,397) 233.00 245.00 257.00 270.50 245.00 257.00 270.50 284.50 257.00 270.50 284.50 299.50 270.50 284.50 299.50 314.50 284.50 299.50 314.50 330.50 299.50 314.50 330.50 347.50 314.50 330.50 347.50 365.50 Annual Equiv. of Step 6 330.50 347.50 365.50 383.50 347.50 365.50 383.50 403.00 365.50 383.50 403.00 423.50 383.50 403.00 423.50 444.00 403.00 423.50 444.00 466.00 284.50 299.50 7,787 299.50 314.50 8,177 314.50 330.50 8,593 330.50 347.50 9,035 347.50 365.50 9,503 365.50 383.50 9,971 383.50 403.00 10,478 423. 444. 466. 489. 513. 423.50 444.00 466.00 489.00 444.00 466.00 489.00 513.50 466.00 489.00 513.50 539.50 489.00 513.50 539.50 566.00 513.50 539.50 566.00 593.50 403.00 423.50 444.00 466.00 489.00 539. 566. 593. 624. 656. 50 11,011 00 11,544 00 12,116 00 12,714 50 13,351 539.50 566.00 593.50 624.00 566.00 593.50 624.00 656.00 593.50 624.00 656.00 688.50 624.00 656.00 688.50 723.00 656.00 688.50 723.00 759.00 513.50 539.50 566.00 593.50 624.00 688. 723. 759. 796. 837. 50 14,027 O0 14,716 50 15,431 00 16,224 00 17,056 688.50 723.00 759.00 796.50 723.00 759.00 796.50 837.00 759.00 796.50 837.00 878.00 796.50 837.00 878.00 922.50 837.00 878.00 922.50 968.00 656.00 688.50 723.00 759.00 796.50 878. 922. 968. 1,016. 1,067. 50 17,901 00 18,798 00 19,734 50 20,709 00 21,762 878.00 922.50 968.00 1,016.50 922.50 968.00 1,016.50 1,067.00 968.00 1,016.50 1,067.00 1,120.50 1,016.50 1,067.00 1,120.50 1,177.00 1,067.00 1,120.50 1,177.00 1,236.00 1,120.50 1,177.00 1,236.00 1,297.50 1,177.00 1,236.00 1,297.50 1,363.00 (15.4500) (16.2188) (17.0375) 837.00 878.00 922.50 968.00 1,016.50 00 22,828 50 23,985 00 25,168 50 26,429 00 27,742 based on 80-hour Bi-Weekly rate. 1,120.50 1,177.00 1,236.00 1,297.50 1,363.00 1,431.50 1,502.50 (18.7813) 1,067.00 1,120.50 1,177.00 1,236.00 1,297.50 1,363.00 1,431.50 (17.8938) 29,133 30,602 32,136 33,735 35,438 37,219 39,065 Salary Scale for Social Worker Classes Code Classification 5116 Casework Aide Trainee 5117 Casework Aide 5118 Eligibility Supervisor 5119 Eligibility Worker 5120 Social Worker Trainee 5121 Social Worker Hourly Equiv. 1 (5,837) 2.8063 224.50 (6,292) 3.0250 242.00 (9,672) 4.6500 372.00 (8,541) 4.1063 328.50 (9,776) 4.7000 376.00 (10,660) 5.1250 410.00 2 3 4 5 (6,136) 236.00 (2.95OO) (12 month classification) (6,578) (6,890) 253.00 265.00 (3.1625) (3.3125) (7,267) (7,644) 279.50 294.00 (3.4938)(3.6750) Annual Equiv. 6 Step 6 (10,140) (10,660) (11,206) (11,726) 390.00 410.00 431.00 451.00 (4.8750) (5.1250) (5.3875)(5.6375) 309.00 8,034 (3.8625) (8,918) (9,386) 343.00 361.00 (4.2875) (4.5125) (9,841) (10,296) 378.50 396.00 (4.7313)(4.9500) 473.50 12,311 (5.9188) (10,257) (10,790) (11,323) 394.50 415.00 435.50 (4.9313) (5.1875) (5.4438) 415.00 10,790 (5.1875) (11,206) (11,726) (12,311) (12,935) 431.00 451.00 473.50 497.50 522.50 (5.3875) (5.6375) (5.9188)(6.2188) (6.5313) 13,585 (13,078) (13,767) (14,443) (15,119) (15,860) 5124 Casework 6.2875 503.00 529.50 555.50 581.50 610.00 639.50 16.627 Salary Scale for Sanitation Workers Hourly Equiv. Steps in Bi-Weekly Amounts Annual Equiv of Step 1 1 2 3 6 of Step 6 (7,085) (7,423) (7,800) 3.4063 272.50 285.50 300.00 314.50 8,177.00 (3.5688) (3.7500) (3.9313) Probation Classifications Code Classification Hourly Equiv. 1 2 3 4 5 6 Annual Equiv. Step 6 5110 Probation (10,660) (11,154) (11,791) (12,402) (13,013) Counselor I 5.1250 410.00 429.00 453.50 477.00 500.50 526.00 13,676 (5.3625) (5.6688) (5.9625) (6.2563) (6.5750) 5111 Probation (11,791) (12,402) (13,013) (13,676) (14,365) Counselor II 5.6688 453.50 477.00 500.50 526.00 552.50 581.50 15,119 (5.9625) (6.2563) (6.5750) (6.9063) (7.2688) 5112 (13,676) (14,365) (15,119) (15,860) 526.00 552.50 581.50 610.00 640.50 (6.5750) (6.9063) (7.2688) (7.6250) (8.0063) Probation (13,013) Counselor III 6.2563 500.50 16,653 5113 Superintendent (13,325) (14,001) (14,677) (15,418) (16,185) of Probation 6.4063 512.50 538.50 564.50 593.00 622.50 653.00 16,991 (6.7313) (7.0563) (7.4125) (7.7813) (8.1688) 5114 Director of (16,562) (17,394) (18,226) (19,136) (20,033) Court Services 637.00 669.00 701.00 736.00 770.50 809.00 21,034 7.9625 (8.3625) (8.7625) (9.2000) (9.6313) (10.1125) Work Week - See Schedule I Special Rule on Work Hours 2. That Ordinance No. 23644, heretofore adopted on May 31, 1977, insofar as it establishe, a Pay Plan for the employees of the City be and said ordinance is hereby amended and modified to the extent herein provided; 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 on and after July 1, 1978. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of May, 1978. No. 24160. AN ORDINANCE fixing the annual compensation of certain unclassified officials and employees of the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the annual compensation of the following unclassified officials and employees of the City be, and, the same is hereby, fixed at the following sums, effective as of the first day of July, 1978: H. B. Ewert, City Manager Walker R. Carter, Jr., Clerk of the Circuit Court of the City of Roanoke Robert F. Rider, Commonwealth's Attorney $ 37,500.00 $ 36,063.56 $ 40,050.00. 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 force and effect on and after July 1, 1978. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24139. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2 of the Code of the City of Roanoke, 1956, as amended, and Sheet Numbers 236 and 249, Section 1976 Zone Mmp, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have the property described as follows rezoned from IDM, Industrial Development District, to C-2, General Commercial District: That certain tract or parcel of land lying on the easterly right of way line of Interstate Highway Route 581, and bounded generally by said Interstate Route 581 on the west, Hershberger Road and the lands of the City of Roanoke on the north, on the east by Huff Lane and Huff Lane School property and on the south by lands of William Watts and others. Excepting therefrom for the purpose of this zoning a strip of land 101 feet in width and bounded by the lands of the City of Roanoke on the north, on the east by Huff Lane, on the south by Huff Lane School, and on the west by the remaining portion of the abovereferenced land; and BEING a portion of that certain tract of land designated on Tax Appraisal Maps of the City of Roanoke, Virginia, as Nos. 2490101 and 2360101; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from IDM, Industrial Development District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 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 8th day of May, 1978, 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 Numbers 236 and 249 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property described as a portion of that certain tract of land fronting on the southerly side of Hershberger Road, N. W., designated on Tax Appraisal Maps of the City of Roanoke, Virginia, as Numbers 2490101 and 2360101, be, and is hereby, changed from IDM, Industrial Development District, to C-2, General Commercial District, and that Sheet Numbers 236 and 249 of the aforesaid maps be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24147. AN ORDINANCE authorizing and providing for the lease by the City of the former Marine Corps Facility site to Opportunities Industrialization Center (OIC); 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 Opportunities Industrialization Center (OIC), leasing to said organization the former Marine Corps Facility to be used for storage, offices and classrooms only for a term of ninety (90) days upon certain terms and conditions more particularly set forth in the report of the city manager dated May 8, 1978, the fair rental value of said premises to be waived by the City; 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 12th day of June, 1978. No. 24161. AN ORDINANCE to amend and reordain Section 117, Tax Credit, Chapter 8, License Tax Code, Title VI, Taxation, Code of the City of Roanoke (1956), as amended, providing for a 20% tax credit in lieu of 10%, and providing for an effective date of January 1, 1979. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 117, Tax Credit, of Chapter 8, License Tax Code, Title VI, Taxation, Code of the City of Roanoke (1956), as amended, be, and said section is hereby amended and reordained so as to read and provide as follows: Section 117. Tax Credit. On and after January 1, 1979, all businesses, trades, professions, pursuits, vocations and callings, located or conducted in the City, and the persons, firms, associations and corporations engaged therein and the agents thereof who are required to obtain and pay for a license pursuant to the provisions of the City's license tax code shall be entitled, for each license so required to be obtained, to a tax credit of twenty per cent (20%) of the total tax liability to be computed by the commissioner of revenue of the City of Roa- noke and applied against the total license tax otherwise re- quired to be paid by such taxpayer. 1979. ATTEST: 2. That this ordinance shall be in full force and effect on and after January 1, City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24166. AN ORDINANCE to amend and reordain certain sections of the 1977-78 General Fund and Grant Programs 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 General Fund and Grant Programs Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Circuit Court #0701 Other Services & Charges (1) ....................... $14,345.00 Transfers to Other Funds (2) ....................... 115.00 GRANT PROGRAMS FUND Circuit Court Equipment 76-A4145 Appropriations: Capital Outlay (3) ................................. $ 2,300.00 Revenue: Grant Receipts (4) ................................. $ 2,185.00 Local Cash Match (5) ............................... 115.00 (1) Net decrease ................... $ 115.00 (2) Net increase ............ 115.00 (3) Net increase ................... 2,300.00 (4) Net increase ............ 2,185.00 (5) Net increase ................... 115.00 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 June, 1978. No. 24167. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Orrin W. Clifton, Dorothy S. Clifton, G. W. Drewry, Jr., and Carol H. Drewry to discontinue and close a certain portion of Chesterton Street from the eastern boundary of Appalachian Power Company in a westerly direction to the terminus of Chesterton Street at Windsor Lake; 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 petitioners did on May 23, 1978, 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 be made this day to the Council of the City of Roanoke, Virginia, to close the hereinafter described 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), 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 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 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, herein 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. 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 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 vacating, discontinuing and closing the same, namely: BEGINNING at a point located on the southerly side of Chesterton Street at the northeast corner of the Appalachian Power Company property designated as Official City Tax No. 5060516; thence in a northerly direction directly across Chesterton Street to the southeasterly corner of the property of Appalachian Power Company being designated as Official City Tax No. 5060414; thence continuing along the northerly side of Chesterton Street in a westerly direction with the southerly property line of Official City Tax No. 5060414 and 5060415 to the terminus of Chesterton Street at Windsor Lake as shown on the Map of Section 2, Westchester of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 7; thence across the terminus of Chesterton Street in a southerly direction to the northerly boundary line of Official City Tax No. 5060520, thence in an easterly direction with the northerly boundary line of Official City Tax No. 5060520, 5060521 and 5060516 to the place of BEGINNING and being all of that portion of Chesterton Street located west of the easterly property line of Appalachian Power Company. BE IT FURTHER RESOLVED that the aforesaid application to permanently vacate, discontinue and close the above described portion of said Chesterton Street from the eastern boundary of Appalachian Power Company in a westerly direction to the terminus of Chesterton Street at Windsor Lake, 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 12th day of June, 1978. No. 24168. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Frederick Elwood Taylor, Jr., et al., Frances Huff Carr, and Katerine Huff Tucker, et vir., to permanently vacate, discontinue and close a portion of Wall Street, S. E., which portion is more particularly described hereinafter; 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 application of Frederick Elwood Taylor, Jr., et al., Frances Huff Carr, and Katerine Huff Tucker, et vir., that said applicant did on June 1, 1978, 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 be made this day to the Council of the City of Roanoke, Virginia, to close the hereinafter described street and alley portions, 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 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 Sheriff of the City of Roanoke appended to the application addressed to Council requesting that the hereinafter described street and alley portions 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 Council having considered said application to permanent] vacate, discontinue and close the hereinafter described street and alley portions; and WHEREAS, the applicants have requested that five viewers, any three of whom may act, be appointed to view the hereinafter described street and alley portions 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 Mr. Dale Poe, Mr. R. R. Quick, Mr. C. F. Kefauver, Mr. R. Lee Mastin, and Mr. Fred DeFelice, any three of whom may act, be, and they hereby are appointed as viewers to view the following described street and alley portions, 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 inconven- ience would result from permanently vacating, discontinuing and closing the same, namely: BEGINNING at the corner of Lot 95, Ward 5, Roanoke Land and Improvement Company and known as City Official Tax No. 4010318; beginning at the South Corner of the lot above-mentioned, which is the south corner to Campbell Avenue, S. E., and Wall Street, S. E., and running northerly a distance of 87.57 feet with a beginning of 0.22 feet, running to 0.21 feet. Ail of the foregoing description is based on a certified survey of the property, prepared by Jack G. Bess, Certified Land Surveyor, dated May 1, 1978. The street and alley portion to be closed is also shown as being the portion of the building that is located in the street and for further reference, Sheet No. 401 of the Roanoke City Appraisal Map shows the lot size and the location of the property. BE IT FURTHER RESOLVED that the aforesaid application to permanently vacate, discontinue and close the within described street and alley portions 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 12th day of June, 1978. No. 24169. A RESOLUTION expressing the sense of Council not to concur in new electric rates established by Appalachian Power Company for the City effective July 1, 1978, and authorizing the Virginia Municipal League to negotiate with Appalachian Power Company on behalf of the City. WHEREAS, Appalachian Power Company has advised the City of Roanoke and Roanoke City Schools of new electric rates effective July 1, 1978, which rates amount to a 29.65% increase for the City of Roanoke and a 33.15% increase for the Roanoke City Schools and a total increase of $448,550.90 in the combined electric bills of the City of Roanoke and Roanoke City Schools; WHEREAS, the aforesaid rate increase was unilaterally established by APCO and the City has insufficient electric rate and cost data to determine the fairness and equity of the rate adjustment imposed by APCO; WHEREAS, based on insufficient data, the City cannot agree to the proposed new rates; WHEREAS, the Virginia Municipal League and the Virginia Association of Counties have offered to jointly negotiate on behalf of local governments with APCO for an equitable rate increase, and such organizations will hire necessary economists and engineers to determine the fairness and equity of the proposed new rates, with the participating localities contributing to the costs on a per capita basis; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council refuses to concur in the new rate structure established by APCO effective July 1, 1978; 2. That Council authorizes the Virginia Municipal League to negotiate with APCO on behalf of the City of Roanoke in an effort to obtain more fair and equitable rates; 3. That this Council requests the School Board and the Roanoke Redevelopment and Housing Authority to take a similar position to Council, refusing to concur in the new rate structure and authorizing the Virginia Municipal League to negotiate with APCO on their behalves; 4. That the Clerk is directed to forward attested copies of this resolution to Appalachian Power Company, M. Don Pack, Superintendent of Schools, Russell R. Henley, Executive Director, Roanoke Redevelopment and Housing Authority, and to R. L. DeCair, Executive Director, Virginia Municipal League. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24170. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: COUNCIL #0101 Other Services and Charges (1) ...................... $25,375.00 CONTINGENCIES #1880 Contingency Reserve (2) ............................. $79,564.27 (1) Net increase ........ $5,225.00 (2) Net decrease ................. 5,225.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUBICIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24174. AN ORDINANCE amending and reordaining subsection (a) of Sec. 22. Connection of certain properties outside corporate limits; charges, of Article II. Sewage Disposal, Chapter 7. Sewers and sewage disposal, of Title XVII. Streets, Sidewalks and Sewers, of the Code of the City of Roanoke, 1956, as amended, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That subsection (a) of Sec. 22. Connection of certain properties outside corporate limits; charges, of Article II. Sewage Disposal, Chapter 7, Sewers and sewage disposal, of Title XVII. Streets, Sidewalks, and Sewers, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: (a) A connection charge shall be provided for and paid for each unit connection based on size of connection required, to-wit: Size Fee 4 inch to 6 inch $ 200.00 8 inch 500.00 10 inch and larger 1,000.00 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 immediately upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24175. AN ORDINANCE to amend and reordain Section #1375, "Parks and Recreation," of the 1977-78 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 Section #1375, "Parks and Recreation," of the 1977-78 General Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PARKS AND RECREATION #1375 Materials and Supplies (1) ......................... $47,751.00 (1) Net increase ..................... $1,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24176. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: OPERATING EXPENSES #2003 Personal Services (1) .................................. $430,482.00 Maintenance (2) ........................................ 315,360.00 Interfund Services (3) ................................. 465,426.00 (1) Net increase ....................... $ 7,500.00 (2) Net increase .......... 125,000.00 (3) Net increase ........................ 67,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24177. AN ORDINANCE accepting the proposal of Appalachian Power Company for installation of automatic switching devices at the Sewage Treatment Plant and 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 of Appalachian Power Company for the installation of automatic switching devices at the Sewage Treatment Plant, be and said proposal is hereby ACCEPTED, the extent of work to be performed and the costs to be incurred by the City not to exceed the total sum of $15,130.00, without further authorization by the Council; 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 contract with Appalachian Power Company, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the plans and specifications to be made for said work; said contract to be upon such form as is approved by the City Attorney; 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 June, 1978. No. 24178. AN ORDINANCE to amend and reordain certain sections of the 1977-78 Grant Programs 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 1977-78 Grant Programs Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: GRANT PROGRAMS FUND Outreach Detention 76-A3779 #7412 Appropriations Personal Services (1) ...................... $62,260.78 Utilities and Communications (2) ........... $ 558.79 Travel and Education (3) ................... $ 7,176.62 Materials and Supplies (4) ................. $ 1,603.73 Refund Balance (5) ......................... $ 4,852.42 Capital Outlay (6) ......................... $ -0- Revenue Grant Receipts (7) ......................... $22,410.00 State Reimbursements (8) ................... $49,934.34 Local Match (9) ............................ $ 4,108.00 (1) Net decrease .......... $11,585.22 (2) Net decrease .......... $ 191.21 (3) Net decrease .......... $ 6,684.38 (4) Net decrease .......... $10,415.19 (5) Net increase .......... $ 4,852.42 (6) Net decrease .......... $ 1,000.00 (7) Net decrease~ $ 3,741.00 (8) Net decrease .......... $24,014.58 (9) Net increase .......... $ 2,732.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED 48 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24179. AN ORDINANCE to amend and reordain certain sections of the 1977-78 Grant Programs 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 1977-78 Grant Programs Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: GRANT PROGRAMS FUND General District Court Equipment 76A4145 #7459 Appropriations Capital Outlay (1) ..................... $410.00 Refund Balance (2) ..................... 3.75 Revenue Grant Receipts (3) ..................... $389.50 (1) Net decrease .... $75.00 (2) Net increase- $ 3.75 (3) Net decrease ........... $71.25 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 June, 1978. No. 24180. AN ORDINANCE to amend and reordain certain sections of the 1977-78 General Fund and Grant Programs 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 1977-78 General Fund and Grant Programs Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Contingencies #1880 Contingency Reserve (1) ............................. $139,789.27 Commonwealth Attorney #0710 Transfers to Other Funds (2) ........................ $ 1,429.08 GRANT PROGRAMS FUND Law Interns 77A4390 #7494 Appropriations Salaries and Wages (3) .............................. $ 3,181.50 Revenue Grant Receipts (4) .................................. $ Local Match (5) ..................................... $ 3,022.42 159.08 (1) Net decrease ....... (2) Net increase ................ (3) Net increase ...... (4) Net increase ........... (5) Net increase ........ $ 53.03 53.03 1,060.50 1,007.47 53.03 4¸9 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24181. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds for employment of one additional law student intern in the Commonwealth's Attorney's Office. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That H. B. Ewert, City Manager, be and he is hereby authorized to accept, execute and file the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for Action Grant No. 77-A4390 for Federal funds in the amount of $1,007.47, through said Division, to be used along with certain other local cash contributions, to aid in continuation of a law intern program in the City, estimated to cost approximately $1,060.50; and 2. That the City Manager or his successor in office is further directed to furnish such additional information as may be required by the Division of Justice and Crime Prevention in connection with the City's aforesaid acceptance of said grant or with said project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24182. AN ORDINANCE to amend and reordain certain sections of the 1977-78 General Fund and 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 1977-78 General Fund and Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Contingencies #1880 Contingency Reserve (1) ................. $ 124,789.27 Transfers #1855 Capital Projects Fund (2) ............... $1,489,117.35 CAPITAL PROJECTS FUND Renovate Juvenile Court Building #5008 Capital Outlay (3) ...................... $ (1) Net decrease $15,000.00 (2) Net increase ....... $15,000.00 (3) Net increase .......... $15,000.00 15,000.00 5O BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24183. AN ORDINANCE authorizing and providing for lease by the City of a certain building located at 360 Campbell Avenue, S. W., in the City of Roanoke, from the owner of said property, to be used as office accommodations for certain Human Services employees 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 Manager be, and he is hereby authorized to enter into a written lease agreement on behalf of the City with Trinkmac Corporation, for a building known as 360 Campbell Avenue, S. W., in the City of Roanoke, for use as office space for Human Services personnel of the City for a five (5) year term at an annual rental of $76,000.00 payable in equal monthly installments of $6,333.33 and providing for an option to renew such lease for one (1) additional five (5) year term at an annual rental of $84,000 payable in equal monthly installme~ of $7,000.00, with the City having the right to terminate said lease at the end of any year of such renewal term upon ninety (90) days written notice delivered to the lessor; 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. That, for the usual daily operation of the municipal government and emergency is deemed to exist, and this ordinance shall be in effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24184. AN ORDINANCE to amend and reordain certain sections of the 1977-78 General Fund and 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 1977-78 General Fund and Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Contingencies #1880 Contingency Reserve (1) ................. $ 84,789.27 Transfers #1855 Capital Projects Fund (2) ............... $1,529,117.35 CAPITAL PROJECTS FUND Office Renovation and Relocation #5009 Capital Outlay (3) ...................... $ 40,000.00 ~s (1) Net decrease. $40,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24185. AN ORDINANCE to amend and reordain certain sections of the 1977-78 Sewage Treatment Fund and 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 1977-78 Sewage Treatment Fund and General Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND Appropriations: Capital Outlay #2401 Downtown - Norfolk Avenue Sewer Project (1) ........... $1,917,129.00 GENERAL FUND Revenue: Charges for Current Services #0108 Sewage Lateral System Replacement (2) ................. $ 253,000.00 (1) Net increase ..................... $17,000.00 (2) Net decrease ...... $17,000.00 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 June, 1978. No. 24186. AN ORDINANCE providing for the City's acquisition of a portion of a parcel of land along Campbell Avenue, S. E., in the City of Roanoke, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of the Norfolk and Western Railway Company to sell and convey to the City a strip of land of approximately 10 to 35 feet in width and 2500 feet in length and lying along Campbell Avenue, S. E., between 10th Street, S. E., and Norfolk Avenue, S. E., for the cash sum of $17,000.00, be, and said offer is hereby ACCEPTED; 2. That, upon delivery to the City of a good and sufficient deed of conveyance, granting and conveying to the City the fee simple title to the aforesaid land, free and clear of all encumbrances and containing special warranty of title on behalf of the grantor, Norfolk and Western Railway Company, 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 payment of the $17,000.00 purchase price hereinabove provided, less any amount due to be paid by said grantor as taxes; 52 3. That, free parking along the north side of Campbell Avenue, S.E., shall continue unless and until such parking interferes with or impedes the orderly flow of traffic and that access shall be provided to all railway appurtenances which may be affected by the transfer of such strip of land to the City; and e an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. That, in order to provide for the usual daily operation of the municipal government, APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24187. A RESOLUTION authorizing the City Manager, or Assistant City Manager in his absence, to execute, on behalf of the City, an amendment to a certain grant heretofore made by the United States of America to the City for Project No. C-510-510 for construction of the Downtown-Norfolk Avenue Sanitary Sewer Replacement Project, said amendment having the effect of increasing the amount of said grant by the sum of $689,480.00. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager, H. B. Ewert, or, in his absence, the Assistant City Manager, Sam H. McGhee, III, be and they are hereby authorized to execute, for and on behalf of the City, an amendment to Grant No. C-510-510, from the United States of America by the United States Environmental Protection Agency to the City, which amendment would increase the obligation of the United States Government to the City of Roanoke by the sum of $689,480.00; and 2. That the City Clerk is directed to transmit an attested copy of this Resolution to the Director, Office of Grants Coordination, U. S. Environmental Protection Agency, Region III, 6th and Walnut Streets, Philadelphia, Pennsylvania, 19106. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24188. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Parks and Recreation #1375 Concession Supplies (1) ................................... $1,000.00 REVENUE Recreation Fees Concession (2) ............................................ $1,000.00 (1) Net increase ................... $1,000.00 (2) Net increase .................. $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 12th day of June, 1978. No. 24189. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Parks and Recreation #1375 Concession Supplies (1) .......................... $2,000.00 REVENUE Recreation Fees Concession (2) ................................... $2,000.00 (1) Net increase ..................... $2,000.00 (2) Net increase ...................... $2,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect on and after July 1, 1978. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24190. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1, to the City's contract with Adams Construction Company, for paving of various street segments, authorized by Ordinance No. 23884; 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 Adams Construction Company, authorized by Ordinance No. 23884, so as to provide for the following changes in the work to be performed, to-wit: Contract Amount $ 767,930.00 Additional asphalt for paving city streets: 2104.21 tons of S-5 type asphalt at $19.96 per ton Add 42,000.00 Contract Amount including Change Order No. 1 $ 809,930.00 2. That, in order to provide for the public safety and for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24191. AN ORDINANCE approving the City Manager's issuance of Change Order No. 6, to the City's contract with McDevitt and Street Company, dated July 6, 1977, for construction of a new jail facility, authorized by Ordinance No. 23702; 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. 6 to the City's contract with McDevitt and Street, dated July 6, 1977, authorized by Ordinance No. 23702, so as to provide for the following changes in the work to be performed, to-wit: Contract Amount $ 5,826,099.00 Signing for building was finalized from Change Order No. 5 with a net credit to the account. Deduct -347.00 Masonry wall reinforcement and grouting for block walls around property storage room #275 Add 366.00 Vinyl base color selection from other than standard color Add 784.00 Builder's hardware changed for door 386 Add 714.00 Conduit required to be added to provide for TV camera installation Add 278.00 Liability insurance rate increase Add 279.00 Security lighting for medium security and the cell corridor areas to replace standard fluorescent lights. (223 lights) Add 36,339.00 Extra excavation and backfill for foundation work Add 12~376.00 Total Change Order No. 6 50,789.00 Contract amount including Change Order No. 6. $ 5,876,888.00 Additional time resulting from Change Order No. 6. 45 calendar days. 2. That, in order to provide for the public 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 12th day of June, 1978. No. 24193. AN ORDINANCE authorizing and providing for an amendment to a Concession Agreement dated March 28, 1978, between the City of Roanoke and APCOA, INC., relating to paid parking 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 as follows: 1. That the City Manager be, and he is hereby authorized to enter into a written amendment to the Concession Agreement dated March 28, 1978, between the City of Roanoke and APCOA, INC., relating to paid parking at the Roanoke Civic Center, such Agreement to be amended in the following respects: (a) Wherever in said Concession Agreement dated March 28, 1978, the word and figures "May 15" appear, said date shall be changed to "June 15," and wherever therein the word and figures "May 14" appear said date shall be changed to "June 14." (b) Wherever in paragraph 4 of the said Concession Agreement the word "10th" appears, said date shall be changed to "25th." 2. Such written amendments shall be in a form 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 12th day of June, 1978. No. 24194. AN ORDINANCE to amend and reordain certain sections of the 1977-78 Water Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1977-78 Water Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL OPERATING EXPENSE #2002 Other Services and Charges (1) .......................... $ 20,064.00 Interfund Services (2) .................................. 743,000.00 WATER PUMPING STATION & TANKS #2010 Utilities and Communications (3) ........................ $132,000.00 Maintenance (4) ......................................... 27,918.02 WATER PURIFICATION #2015 Maintenance (5) ......................................... $ 33,647.75 Utilities and Communications (6) ........................ 17,700.00 Materials and Supplies (7) .............................. 69,021.10 CAPITAL OUTLAY #2400 New Service Hydrant Lines (8) ........................... $280,886.00 Kimball Redevelopment (9) ............................... -O- Downtown East Redevelopment (10) ......................... -0- (1) Net decrease ......................... $ 10,000.00 (2) Net increase ......................... 149,000.00 (3) Net increase ......................... (4) Net decrease ......................... (5) Net decrease ......... (6) Net increase (7) Net decrease--- (8) Net increase ......................... (9) Net decrease ............... (10) Net decrease .......... - 12,000.00 12,000.00 3,000.00 3,700.00 3,700.00 27,624.00 14,034.00 13,590.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24195. AN ORDINANCE to amend and reordain Section #1605, "Utility Line Facilities," of the 1977-78 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 Section #1605, "Utility Line Facilities," of the 1977-78 General Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: UTILITY LINE FACILITIES #1605 Personal Services (1) .................................. $718,063.15 Materials and Supplies (2) ............................. 284,615.00 (~) Net increase ............................. $5,000.00 (2) Net decrease ............................. 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 12th day of June, 1978. No. 24196. AN ORDINANCE to amend and reordain Section #1671, "Motorized Vehicle Maintenance," of the 1977-78 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 Section #1671, "Motorized Vehicle Maintenance," of the 1977-78 General Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MOTORIZED VEHICLE MAINTENANCE #1671 Maintenance (1) .......................................... $396,500.00 Capital Outlay (2) ....................................... 314,220.95 (1) Net increase ................ (2) Net decrease .............. $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 12th day of June, 1978. No. 24197. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: OPERATING EXPENSES #2004 Interfund Services (1) ............................. $547,886.00 (1) Net increase ........................ $90,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24198. A RESOLUTION accepting a grant offer of the Commonwealth of Virginia, State Corporation Commission, Division of Aeronautics, providing for state aid relating to Project No. 6-51-0045-07 (LDA and MALSR) to assist in the acquisition and development of navigational aid projects for Roanoke Municipal Airport, Woodrum Field, and authorizing the execution of said grant offer. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke hereby accepts the grant offer made to the City by the State Corporation Commission, Division of Aeronautics, for Project No. 6-51-0045-07, to provide not more than $9,250.00 of state funds to assist in the development of navigational aid projects for Roanoke Municipal Airport, Woodrum Field, and that the City of Roanoke shall enter into a grant agreement with the Commonwealth of Virginia, State Corporation Commission, Division of Aeronautics, for the purpose of obtaining state aid in the development of its Roanoke Municipal Airport, Woodrum Field; 58 2. That the City Manager, be and is hereby authorized and directed to execute said grant agreement on behalf of the City of Roanoke, and that the City Clerk is hereby authorized and directed to attest and seal the same. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24199. AN ORDINANCE to amend and reordain certain sections of the 1977-78 Grant Programs 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 1977-78 Grant Programs Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.E.T.A. Unobligated Funds #7825 Title I (1) ........................................ $ 206,097.84 REVFRfOE Department of Labor C.E.T.A. (2) ....................................... $19,479,404.00 (1) Net increase ..................... $152,994.00 (2) Net increase ........ 152,994.00 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 June, 1978. No. 24200. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: POLICE #1345 Capital Outlay (1) ...................................... $ 9,471.00 MOTORIZED VEHICLE MAINTENANCE #1671 Capital Outlay (2) ...................................... $349,220.95 5.9 (1) Net decrease ................................ $10,000.00 (2) Netincrease' - ............................... 10,000.00 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 12th day of June, 1978. No. 24201. AN ORDINANCE providing for the purchase of two new police paddy wagon cabs and chassis upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said vehicular equipment; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Statum Chevrolet, Inc., made to the City, offering to furnish and deliver to the City, f.o.b., Roanoke City Garage, 1802 Courtland Road, N. E., Roanoke, Virginia, two new police paddy wagon cabs and chassis (Chevrolet Model No. CC30903), fully meeting all of said City's specifications and requirements made therefor, at the bid price of $6,292.84, each, for a total purchase price of $12,585.68, 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 therefor, incorporating into said order the City's aforesaid specifications, the terms of said bidder's proposal, and the terms and provisions of this ordinance; the cost of said equipment, when delivered, to be paid for out of funds heretofore appropriated for the purpose; and 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 said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out; 3. That, for the usual daily operation of the municipal government an emergency is deemed to exist and that this ordinance be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24203. AN ORDINANCE providing for a reallocation of certain of the sewage treatment capacities assigned to the various political subdivisions of the Roanoke Valley pursuant to certain sewage treatment contracts entered into by and between said political subdivisions and the City of Roanoke in 1972; by amending such contracts upon certain terms and conditions; and providing for an emergency and an effective date of said amendments. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That paragraph "B" of Title IX. Allocation of Capacity of that certain sewage treatment contract dated March 17, 1972, by and between the County of Roanoke and/or the Roanoke County Public Service Authority and the City of Roanoke be and hereby is amended to read and provide as follows: ¸6O IX. ALLOCATION OF CAPACITY. ...B. Upon completion of the city's sewage treat- ment plant expansion program in progress on the date of this agreement, the design capacity of said plant will be thirty-five million gallons per day, (35.0 MGD), which is estimated by the parties to be adequate capacity to treat sewage flows from the Roanoke Valley area until 1985, its design year. By the year 1985, it is estimated that the sewage flow from the county's AREA will amount to 9~ 9.00 MGD, or R~v~ 25.71 per cent of the treatment plant's abovementioned design capacity. Accordingly, the city does hereby allocate to and agree to reserve for the use of the AREA herein defined, until such allocation is changed as herein provided, ~?~0 9.00 MGD of said treatment plant's 35.0 MGD 1985 design capacity. Further, that all other conditions and provisions of said contract shall be and remain in full force and effect. 2. That paragraph "B" of Title IX. Allocation of Capacity of that certain sewage treatment contract dated March 22, 1972, by and between the Town of Vinton and the City of Roanoke be and hereby is amended to read and provide as follows: IX. ALLOCATION OF CAPACITY. ...B. Upon completion of the city's sewage treatment plant expansion program in progress on the date of this agreement, the design capacity of said plant will be thirty-five million gallons per day, (35.0 MGD), which is estimated by the parties to be adequate capa- city to treat sewage flows from the Roanoke Valley area until 1985, its design year. By the year 1985, it is estimated that the sewage flow from the town's AREA will amount to ~T~ 1.60 MGD, or ~vR0 4.57 per cent of the treatment plant's abovementioned design capacity. Accordingly, the city does hereby allocate to and agree to reserve for the use of the AREA herein defined, until such allocation is changed as herein provided, ~?~ 1.60 MGD of said treatment plant's 35.0 MGD 1985 design capacity. Further, that all other conditions and provisions of said contract shall be and remain in full force and effect. 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 the date of receipt of the last to be filed of concurring ordinances or resolutions filed with the City Clerk by the Town of Vinton and the County of Roanoke, respectively. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1978. No. 24205. AN ORDINANCE authorizing the City's offer to purchase from the Craighead Water Company, certain assets of its private water system, 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 proper City officials be and are hereby authorized and empowered to offer to purchase for the City for a consideration of $800.00, certain assets of the Craighead Water Company, located in this City and consisting of water distribution lines, pipes, meters, valves and related equipment, easements and all other rights and property used in the conduct of the private water system in the City, upon delivery to the City of good and sufficient deed of conveyance or bill of sale, transfers or assignments, approved as to form and sufficiency by the City Attorney, and conveying title to all of the same to the City free from encumbrances and upon the further condition that the Craighead Water Company relinquish its franchise to sell water in the City of Roanoke to the State Corporation Commission. 2. 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 12th day of June, 1978. No. 24206. AN ORDINANCE accepting a bid opened before the City Council on May 22, 1978, from Lee Hartman & Sons, Inc., for providing and installing a zoned paging and radio monitoring system in the Public Works Service Center; 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 of Lee Hartman & Sons, Inc., made to the City offering to furnish all labor and materials necessary for the installation of a zoned paging and radio monitoring system in the Public Works Service Center, in accordance with the City's plans and specifications, and for a total lump sum price of $11,995.00, cash, be and said proposal is hereby ACCEPTED; 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 contract with Lee Hartman & Sons, Inc., the same to incorporate the terms and conditions of this ordinance, the terms of the said bidder's proposal, and the City's plans and specifications for such work; said contract to be upon such form as is approved by the City Attorney; 3. That the cost of said equipment, when delivered and installed is to be paid for out of funds heretofore appropriated for the purpose, and upon acceptance by the City of the aforesaid equipment, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment to said successful bidder of the aforesaid purchase price; 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 26th day of June, 1978. No. 24140. AN ORDINANCE approving a certain contract prepared to be entered into between the City of Roanoke and certain landowners, rescinding and replacing a letter agreement between the City and the landowners, dated February 12, 1968; and authorizing the Mayor and the City Clerk to execute such contract for and on behalf of the City of Roanoke. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the form of contract between the City of Roanoke and Katherine Huff Tucker and James T. Tucker, her husband; Frances Huff Carr, widow, The First National Exchange Bank of Virginia, surviving trustee under the will of P. C. Huff, the First National Exchange Bank of Virginia, surviving trustee under the will of Nora V. Huff, and Peter Huff Ring and Elfreda A. Ring, his wife, all.hereinafter referred to collectively as "Landowners", dated May 17, 1978, copi~ of which are on file in the Office of the City Clerk, providing for rescinding and replacing the letter agreement of February 12, 1968, between the City and the Landowners; agreement by the City to expedite the widening of Hershberger Road; that in the event the Barrens property should be rezoned to C-2, the City shall construct an access road fifty (50) feet in width and 2950 feet in length, and the landowners shall construct a berm in a location described in the agreement, such berm to be six feet in height, to be planted with certain plants and vegetation, and to be breached only by bicycle paths or pedestrian walkways at the City's request; that in the event the Barrens property not be rezoned within eighteen (18) months of the agreement or it is indicated rezoning is not desired, the City shall construct such access road within five years upon the meeting of certain conditions by the Landowners; and requiring that the City shall provide a seventy (70) foot right-of-way for a public street or road in the location specified by the Land- owners or their assignees for the construction of such access road; and 2. That the Mayor and the City Clerk of the City of Roanoke shall be, and they are hereby authorized and directed to execute and to seal and attest, respectively, said contract for and on behalf of the City of Roanoke. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24141. AN ORDINANCE approving a certain contract prepared to be entered into between the City of Roanoke and Hersch Associates, a North Carolina limited partnership; and authorizing the Mayor and the City Clerk to execute such contract for and on behalf of the City of Roanoke. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the form of a contract between the City of Roanoke and Hersch Associates, a North Carolina limited partnership with its principal office in Charlotte, North Carolina, dated May 22, 1978, copies of which are on file in the Office of the City Clerk, providing for widening of Hershberger Road and the inclusion of a fly under and underpass structure in such construction contracts with the City to pay the first $1,500,000 of the total construction cost of the fly under and underpass with the balance of such construction costs to be borne by Hersch Associates; payment by Hersch Associates of the cost of constructing two lanes of an access road for a distance of 2950 feet; establishing a requirement that Hersch Associates construct at least 650,000 square feet of leasable floor area within three (3) years of the completion and acceptance of the fly under and underpass, the widening of Hershberger Road, and the construction of the access road or reimburse the City in accordance with a formula set forth in the contract; establishing a requirement that, by January 1, 1990, Hersch Associates construct at least 900,000 square feet of gross building floor area and that the total fair market value of improvements, personal property and the excess of the fair market value of the real property over the fair market value as of the date of the contract be $58,000,000, or reimburse the City in accordance with a formula established by the contract; requiring Hersch Associates to provide for on-site retention of storm water to the reasonable satisfaction of the City; and requiring that Hersch Associates provide the City an irrevocable letter of credit in favor of the City drawn on a national bank in an amount sufficien to cover certain of Hersch's contractual obligations; and 2. That the Mayor and the City Clerk of the City of Roanoke shall be, and they are hereby authorized and directed to execute and to seal and attest, respectively, said contract for and on behalf of the City of Roanoke. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24162. AN ORDINANCE permanently vacating, and closing that portion of a certain alleyway running generally in a southerly direction between Campbell Avenue, S. E., and Kirk Avenue, S. E., adjacent to Lots 122, 123, 124, and 125 of Ward 5 of the Roanoke Land and Improvement Company Map, being a narrow strip on the westerly side of said alley in varying widths from 0.15 feet to 1.4 feet, more particularly shown on a plat of survey made for Colonial American National Bank, dated November 11, 1977, by Jack G. Bess, Certified Land Surveyor, a copy of which is on file in the Offic of the City Clerk. WHEREAS, Colonial American National Bank on the 13th day of March, 1978, made application in writing to the Council of the City of Roanoke, Virginia, requesting said Council to permanently vacate, discontinue and close said portion of said alleyway, after posting notice of the intended application at the Courthouse of the Circuit Court for the City of Roanoke, Virginia, and at two other public places in said City more than ten (10) days prior to March 13, 1978, as required by law; and WHEREAS, as requested in said application, said Council did on March 13, 1978, appoint five (5) viewers, any three of whom may act, to view such alleyway and report in writing whether in their opinion any, and if any, what inconvenience would result from vacating and closing that portion hereinabove referenced; and WHEREAS, it appears from the report of said viewers filed with the City Clerk on or about the 3rd day of April, 1978, that no inconvenience would result from vacating and closing that portion of the alleyway hereinabove described; and WHEREAS, Council at its meeting on March 13, 1978, referred said application to the City Planning Commission, which Commission, after due notice to the public, held a public meeting on the 5th day of April, 1978, and by a report dated May 8, 1978, duly filed with Council, recom- mended that the application to vacate, discontinue and close said portion of said alleyway be approved; and WHEREAS, a public hearing was held before Council at its meeting on the 12th day of June, 1978, 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 said portion of the said alleyway, as applied for, and that said portion of said alleyway should be permanently closed as hereinafter provided; and WHEREAS, the Colonial American National Bank has heretofore conveyed its interests in the improvements now situated on that portion of the alleyway referred to above to Thomas H. Beasley, Jr., by General Warranty Deed and the said Colonial American National Bank requests that the certain parcel of city land heretofore described be conveyed directly to the said Thomas H. Beasley, Jr. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that all of a portion of the alleyway running between Campbell Avenue, S. E. and Kirk Avenue, S. E., more particu- larly hereinafter described be, and it hereby is, vacated, discontinued and closed, and that all right, title and interest of the public in and to the same be, and it hereby is, released and terminated insofar as the Council of the City of Roanoke, Virginia, is empowered so to do. The said alleyway vacated, discontinued and closed is particularly described as follows: BEING a portion of that certain alleyway running generally in a southerly direction between Campbell Avenue, S. E. and Kirk Avenue, S. E. adjacent to lots 122, 123, 124, and 125 of Ward 5 of the plat of the Roanoke Land and Improvement Company, being a narrow strip on the westerly side of said alley in varying width from 0.15 foot to 1.4 foot, more particularly shown on a plat of survey made for Colonial American National Bank dated November ll, 1977, by Jack G. Bess, Certified Land Surveyor, a copy of which is on file in the City Clerk's Office for the City of Roanoke. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "Permanently Vacated" on all Maps on file in his office on which said portion of said alleyway 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 Council deliver to the Clerk of the Circuit Court for the City of Roanoke, Virginia, a certified copy of this Ordinance in order .that the Clerk may make proper notation on any Map or Maps recorded in his office whereon said portion of said alleyway is shown and said Clerk is requested to record a copy in a Deed Book in his office, indexing the same the City of Roanoke as Grantor and Thomas H. Beasley, Jr., as Grantee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24163. 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. 228, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have the following property, to-wit: Lots i-A, 2-A, and 3-A, Block 6, Section 1, Map of Eden Park, Official Tax Nos. 2280801, 2280803 and 2280802, known as 1422 Hershberger Road, 1430 Hershberger Road and 4855 Eden Drive, Roanoke, Virginia, rezoned from RD, Duplex Residential District, to C-i, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to C-i, Office and Institutional District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 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 June, 1978, 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 evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. 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. 228, of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on Hershberger Road, and Eden Drive, and more particularly described as follows: Lots l-A, 2-A, and 3-A, Block 6, Section 1, Map of Eden Park, Official Tax Nos. 2280801, 2280803 and 2280802, known as 1422 Hershberger Road, 1430 Hershberger Road and 4855 Eden Drive, designated on Sheet 228, of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2280801, 2280803 and 2280802, be, and are hereby changed from RD, Duplex Residential District, to C-i, Office and Institutional District, and that Sheet No. 228, 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 June, 1978. No. 24164. 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. 127, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located at 2227-2229, 2231 and 2233 Sanford Avenue, S. W., described as Lots 9 and 10, Block 2, Colonial Heights, Official Tax Nos. 1271109 and 1271110, be rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to C-i, Office and Institutional District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 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 June, 1978, 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. 127 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on 2227-2229, 2231 and 2233 Sanford Avenue, S. W., described as Lots 9 and 10, Block 2, Colonial Heights, designated on Sheet No. 127 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1271109 and 1271110, be, and is hereby, changed from RD, Duplex Residential District, to C-l, Office and Institutional District, and that Sheet No. 127 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24171. AN ORDINANCE authorizing and directing the proper City officials to execute and deliver a deed of easement to the Appalachian Power Company. BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby authorized and directed for and on behalf of the City, to execute and deliver an indenture to the Appalachian Power Company, conveying unto said Company a right-of- way and easement, with the right, privilege and authority to said Company, its successors and assigns, to construct, erect, operate and maintain an overhead line or lines for the purpose of transmitting electric power, said right-of-way being in the City of Roanoke through land owned by the City situate on the northeasterly side of Ferncliff Avenue, N. W., the location of said overhead electric power line being shown colored in red on print of Appalachian Power Company's Drawing No. R-1263, dated March 6, 1978, and entitled "Proposed Right-of-way on Property of the City of Roanoke, Roanoke City Vocational-Technical Center, William Fleming High School", a copy of which is on file in the Office of the City Clerk, for the nominal consideration of $1.00, all after the form of such indenture shall have been approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No, 24172. AN ORDINANCE authorizing and directing the proper City officials to execute and deliver a deed of easement to the Appalachian Power Company. BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby authorized and directed for and on behalf of the City, to execute and deliver an indenture to the Appalachian Power Company, conveying unto said Company a right-of- way and easement, with the right, privilege and authority to said Company, its successors and assigns, to construct, erect, operate and maintain an overhead line or lines for the purpose of transmitting electric power, said right-of-way being through land owned by the City situate on the northerly side of Virginia Secondary Route 740, known as the City of Roanoke Watershed, located in the district of Catawba, in Roanoke County, for the nominal consideration of $1.00, all after the form of such indenture shall have been approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24173. AN ORDINANCE authorizing and directing the proper City officials to execute and deliver a deed of easement to the Appalachian Power Company. BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby authorized and directed for and on behalf of the City, to execute and deliver an indenture to the Appalachian Power Company, conveying unto said Company a right-of- way and easement, with the right, privilege and authority to said Company, its successors and assigns, to construct, erect, operate and maintain an underground line or lines for the purpose of transmitting electric power, said right-of-way being in the City of Roanoke through land owned by the City situate west of the City's Fire Station No. 10, on the westerly side of Municipal Road, N. W., the location of said underground electric power line being shown colored in red on print of Appalachian Power Company's Drawing No. R-1278, dated May 16, 1978, and entitled "Proposed Right-of-way on Property of the City of Roanoke, Roanoke Municipal Airport", a copy of which is on file in the Office of the City Clerk, for the nominal consideration of $1.00, all after the form of such indenture shall have been approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24192. 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 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 one (1) year, commencing retroactively to March 23, 1978, and ending March 22, 1979, with rental at the rate of $36,000.00 annually, payable in monthly installments of $3,000.00 each on the first day of each month during the term of 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, but to contain provisions to the effect that (a) the service responsibilities of the City shall be limited to the provision of water, structure insurance, heat and maintenance of the heat plant only, and'(b) the lease may be cancelled by either party upon notice to the other party given not less than ninety (90) 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: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24202. AN ORDINANCE authorizing installation .of a simplified computer assisted mass appraisal system (SCAMAS) for the City's Real Estate Assessor's Office relating to commercial, industrial, and tax exempt real estate in the City, and authorizing the City Manager to enter into contract with a certain computer programming firm to provide.said services; 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, for and on behalf of the City to accept the proposal of CBM, Inc., to provide for the City a simplified computer assisted mass appraisal system for the City's Real Estate Assessor's Office, and to enter into requisite written agreement with CBM, Inc., providing for implementation of such a system, providing for the establishment of computer programs for the appraisal of commercial, industrial and tax exempt real estate in the City, and for other services in connection therewith, for a period of two years in consideration of a sum not to exceed $80,000.00 without further authorization of Council, to be paid by the City to CBM, Inc., for all such services; said sum to be paid over three (3) fiscal year budgets; to-wit: 1977-1978 - $13,500.00, 1978-1979 - $37,000.00, and 1979-1980 - $29,500.00, said contract 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 26th day of June, 1978. No. 24204. AN ORDINANCE authorizing and directing the sale of a parcel of land owned by the City of Roanoke and situated in the City of Roanoke on Aerial Way Drive, S. W., and being a portion of that property bearing Official No. 5200112, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the sale and conveyance of that parcel of land situated in the City of Roanoke on Aerial Way Drive, S. W., being a portion of that property bearing Official No. 5200112, and designated as Parcel "C" on plat entitled "Preliminary Plat -Survey for First & Merchants Corp. & Thomas H. Beasley, Jr.", prepared by T. P. Parker & Son under date of May 3, 1978, to First and Merchants Corporation and Thomas H. Beasley, Jr.; for and in consideration of the sale and conveyance to the City of Roanoke of Parcel "B" of that parcel of land owned by F & B Developers, a Virginia general partnership, and situated in the City of Roanoke on Aerial Way Drive, S. W., being a portion of that property bearing Official No. 5200114, and shown as Parcel "B" on the aforementioned plat of survey, be, and hereby is authorized and approved, subject to the terms and conditions herein provided; 2. That the City Clerk do forthwith notify First and Merchants Corporation, Thomas H. Beasley, Jr., and F & B Developers of the City's agreement to sale and the conveyance of the above-referenced property by transmittal of attested copies of this ordinance; 3. That all costs incurred by the City in connection with said conveyance be paid by Thomas H. Beasley, Jr.; and 4. That the Mayor be, and he is hereby authorized and empowered, for and on behalf of the City, to execute a deed of conveyance drawn by the City Attorney conveying said portion of the property owned by the City of Roanoke, known as Parcel "C", by general warranty deed as provided above, in exchange for the execution by F & B Developers of a deed of conveyance by general warranty deed to the City of Parcel "B", and the City Clerk be, and is hereby authorized and directed to attest and affix the corporate seal of the City of Roanoke and thereafter acknow- ledge their signatures as provided by law. APPROVED ATTEST: 68 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24207. A RESOLUTION commending the service of Elizabeth T. Bowles as Vice-Mayor of the City of Roanoke. WHEREAS, Mrs. Elizabeth T. Bowles was elected Vice-Mayor of the City of Roanoke by virtue of receiving the largest number of votes in the councilmanic election held on May 4, 1976, and served in this office from July 1, 1976, to June 30, 1978; and WHEREAS, Mrs. Bowles served with honor and distinction as Vice-Mayor, giving selflessly of her time to perform the many responsibilities required of her as Vice-Mayor, and at the same time promptly and efficiently discharging her other duties on the City Council; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Mayor and Members of this body do hereby recognize and commend the Honorable Elizabeth T. Bowles upon her service as Vice-Mayor of this City and assure her of their continued support as she continues to serve as a Member of Council; and 2. That an attested copy of this resolution, approved by the Mayor, be presented to the above-named Council Member. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24208. A RESOLUTION commending the service of Nicholas F. Taubman as a Member of Roanoke City Council. WHEREAS, Nicholas F. Taubman was appointed to Council to fill an unexpired term effective November 26, 1975, and on May 4, 1976, was elected to serve a term commencing on July 1, 1976, and terminating June 30, 1978; and WHEREAS, his knowledge and interests brought about his service on many important committees of Council, including, among others, Audit Committee, Budget and Planning Committee, Water Resources Committee, and Central Roanoke Development Foundation, Inc., and in all his assignments he strived to apply sound business principles to City government thereby improving the efficiency of City operations and bringing recognition to the City and this Council; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this body does hereby recognize and commend the Honorable Nicholas F. Taubman on his service as a Member of Council and expresses to him its appreciation and that of the citizens of the City for his contributions and service; and 2. That an attested copy of this resolution, approved by the Mayor, be presented to the above-named Council Member. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24209. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS: Instruction (A01190165101) (1) ............................... $15,328,040.00 Operation of School Plant (A01190165501) (2) ................. 2,373,533.00 Fixed Charges (A01190165701) (3) ............................. 2,111,831.00 Fairview Elementary School (A08482090001) (4) ................ 721,267.13 Garden City Elementary School (A08482190001) (5) ............. 100,749.23 Lincoln Terrace Elementary School (A08482290001) (6) ......... 188,570.11 Monterey Elementary School (A08482390001) (7) ................ 394,548.88 Ruffner Junior High School (A08481890001) (8) ................ 193,904.34 Woodrow Wilson Junior High School (A08481990001) (9) ......... 516,339.12 Raleigh Court Elementary School (A08482490001) (10) .......... 270,931.62 Westside Elementary School (A08482590001) (11) ............... 678,847.52 Fairview Elementary School (A08482090001) (12) ............... 721,270.13 Woodrow Wilson Junior High School (A08481990001) (13) ........ 193,905.34 William Fleming High School (A08481690001) (14) ............... 2,559,157.03 Patrick Henry High School (A08481790001) (15) ................ 2,431,221.04 Land - William Fleming High School (A08482790050) (16) ....... 185,000.00 (1) Net decrease ........... $170,118.00 (2) Net increase .............................. 34,010.00 (3) Net increase .............................. 136,108.00 (4) Net decrease .............................. (5) Net decrease. (6) Net decrease ............. (7) Net decrease .............................. (8) Net decrease ......... (9) Net decrease ..................... (10) Net decrease ....... (11) Net decrease .............. (12) Net increase ............................... (13) Net increase ................ (14) Net increase ............. (15) Net increase ............ (16) Net decrease .............................. 27,100.87 5,309.77 16,225.89 11,208.12 181,605.66 14,656.88 39,358.38 15,535.48 3.00 1.00 146,098.52 165,898.53 1,000.00 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 June, 1978. No. 24210. AN ORDINANCE to amend and reordain certain sections of the 1977-78 Grant Programs 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 1977-78 Grant Programs Appropriation Ordinance, be, and the same are hereby, amended and reor~ to read as follows, in part: ained 7¸0 GENERAL DISTRICT COURT EQUIPMENT 76-A4145 Appropriations: Capital Outlay (1) ................................. $3,200.00 Revenue: Grant Receipts (2) ................................. $3,040.00 Local Match (3) .................................... 160.00 (1) Net increase-- $3,200.00 (2) Net increase ..... 3,040.00 (3) Net increase ...... 160.00 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 June, 1978. No. 24211. AN ORDINANCE to amend and reordain certain sections of the 1977-78 General Fund Appropriation Ordinance, and providing for an emergency. W~EREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1977-78 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordaJ to read as follows, in part: EMERGENCY SERVICES #1351 Personal Services (1) ................................. $35,995.00 Materials and Supplies (2) ............................ 6,975.00 CONTINGENCIES #1880 Contingency Reserve (3) ............................... $67,064.27 (1) Net increase-- $ 8,500.00 (2) Net increase .... 2,200.00 (3) Net decrease 10,700.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor ned IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24212. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: POLICE #1345 Personal Services (1) .............................. $2,621,282.04 CONTINGENCIES #1880 Contingency Reserve (2) ............................ 63,064.27 (1) Net increase ............. (2) Net decrease--- $4,000.00 4,000.00 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 June, 1978. No. 24213. AN ORDINANCE to amend and reordain certain sections of the 1977-78 Grant Programs 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 1977-78 Grant Programs Appropriation Ordinance, be, and the same are hereby, amended and re- ordained to read as follows, in part: APPROPRIATIONS: C.E.T.A. Unobligated Funds #7825 Title III (1) ..................................... $ 662,582.59 REVENUE: C.E.T.A. #7801 C.E.T.A. Drawdowns (2) ..; ......................... $20,118,244.00 (1) Net increase ......................... $638,840.00 (2) Net increase ......................... 638,840.00 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 26th day of June, 1978. No. 24214. AN ORDINANCE to amend and reordain Section #1347, "Fire Department," of the 1977-78 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 Section #1347, "Fire Department," of the 1977-78 General Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FIRE DEPARTMENT #1347 Materials and Supplies (1) .......................... $123,600.00 Capital Outlay (2) ................................. 20,755.00 (1) Net decrease ....... (2) Net increase ........................ $5,600.00 5,600.00 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 26th day of June, 1978. No. 24215. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: UTILITY LINES FACILITIES #1605 Materials and Supplies (1) ........................... $251,115.00 REFUSE COLLECTION #1669 Other Services and Charges (2) ....................... $360,800.00 (1) Net decrease ........................ $32,500.00 (2) Net increase ................. 32,500.00 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 26th day of June, 1978. No. 24216. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2, to the City's contract with S. R. Draper Paving Company, dated July 25, 1977, for construction of concrete curb, gutter, sidewalks, entrances, paving and related drainage facilities at various locations in the Southeast area of the City, authorized by Ordinance No. 23693; 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. 2 to the City's contract with S. R. Draper Paving Company for construction of concrete curb, gutter, sidewalks, entrances, paving, and related drainage facilities at various locations in the Southeast area of the City, dated July 25, 1977, authorized by Ordinance No. 23693, so as to provide for a time extension of thirty (30) days for completion of the work required by the above-referenced contract; 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 26th day of June, 1978. No. 24217. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Creative Construction and Development Corporation, dated November 7, 1977, for construction of Fire Stations No. 6 and No. 13, authorized by Ordinance No. 23901; 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. 2 to the City's contract with Creative Construction and Development Corporation, dated November 7, 1977, authorized by Ordinance No. 23901, so as to provide for an extension of ninety-seven (97) calendar days due to delays caused by weather and for such Company's installation of diesel fuel-operated emergency generators rather than gasoline fuel-operated emergency generators, the amount of Change Order No. 2 not to exceed the sum of $2,586.35, the total amount of the contract including Change Order No. 2 to be $900,798.95; and 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 26th day of June, 1978. No. 24218. A RESOLUTION stating the need for and urging continuation of rail passenger service between Washington, D. C., and Tri-State Station at the West Virginia, Ohio and Kentucky borders, by way of Roanoke, Virginia. WHEREAS, this Body is advised that the United States Secretary of Transportation has proposed that rail passenger service from Washington, D. C., to Tri-State Station at the West Virginia, Ohio and Kentucky borders, by way of Roanoke, Virginia, be discontinued, which will leave the City of Roanoke and other communities throughout Virginia on the route of the Hilltopper without rail passenger service and will similarly leave many communities in West Virginia, without rail passenger service, thereby depriving all said communities and their citizens in both states of ready access to many of the business, commercial and vacation areas of this Nation; WHEREAS, this Council has heretofore, strongly plead that rail passenger service thrQugh Roanoke, Virginia and the entire State and the State of West Virginia over the Hilltopper route meets the needs of public convenience and necessity and connects Roanoke, the metropolitan center of the western portion of Virginia, and its people with business, commerce and industry throughout the Nation; WHEREAS, this Council readily supports the continuation of the needed passenger transportat service to all of the communities and people along the Hilltopper route; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the United States Secretary of Transportation be, and is hereby respectfully urged to continue the rail passenger service presently provided over the Hilltopper route from Washington, D. C., to the Tri-State Station at the West Virginia, Ohio and Kentucky borders, by way of Roanoke, Virginia; 2. That attested copies of this resolution be transmitted to Senator Harry F. Byrd, Jr., Senator William L. Scott, Congressman M. Caldwell Butler, to Mr. Robb Young, RPSO, Suite 500, 1900 "L" Street, N. W., Washington, D. C. 20036, and to the Interstate Corporation Commission, 12th & Constitution Avenue, N. W., Washington, D. C. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24219. AN ORDINANCE authorizing a certain agreement to be entered between the City of Roanoke and the State Welfare Department to provide certain social services for a term of twelve (12) months commencing July 1, 1978, and terminating June 30, 1979; authorizing the Director of Human Services to execute the foregoing agreement on an annual basis; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the Director of Human Services be, and he is hereby authorized and directed, for and on behalf of the City, to enter an agreement, in form approved by the City Attorney, with the State Department of Welfare for the purchase of certain social services pursuant to Title XX of the Federal Social Security Act, for a term commencing July 1, 1978, and terminating June 30, 1979, and upon such other terms and conditions as are provided therein; 2. That the Director of Human Services shall be authorized to execute the above- described Purchase of Service Agreement with the State Department of Welfare on an annual basis provided that the City Attorney has approved the agreement as to form and there are no major substantive changes in the Title XX Program or in the substantive provisions of the contractual agreement; 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. ATTEST: APPROVED Lon IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24221. 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 through the bidding process, in connection with alterations and additions to the Juvenile Detention Home, 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 firm of Randolph Frantz and John Chappelear, Architects, of Roanoke, be, and is hereby employed as architects to perform necessary design, cost estimates and to prepare all necessary plans, drawings and sped~fications, bidding documents and related services through the bidding process, in connection with alterations and additions to the Juvenile Detention Home, said firm to be paid for services performed a sum not to exceed $25,000.00 without additional authorization of the Council. 2. That, the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to execUte a written agreement, upon form approved by the City Attorney, for the aforesaid services, upon receipt of participation commitments duly executed by the State Department of Corrections and the Division of Justice and Crime Prevention; 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 June, 1978.· No. 24222. AN ORDINANCE authorizing the employment of the professional services of certain architects and engineers to prepare necessary plans, drawings and specifications for and providing periodic inspection of and consultation in connection with the construction of needed improvements to the Franklin Road, Roanoke River Bridge, 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 firm of Hayes, Seay, Mattern and Mattern, Architects-Engineers, of Roanoke, be, and is hereby employed as architects and engineers to perform professional services and to prepare necessary plans, drawings and specifications, the necessary bidding information and contract conditions, and to assist in the drafting of proposal and contract forms, and to perform periodic inspection and consultation in connection with the construction of improvements to the Franklin Road, Roanoke River Bridge, said firm to be paid for its services a fee not to exceed $15,200.00 without further authorization of the Council, said fee to be determined upon the basis set out in the written proposal dated February 1, 1978, submitted by said architects and engineers, a copy of which is on file in the office of the City Clerk, and is incorporated herein by reference; 2. That the City Manager be, and is hereby authorized and directed, for and on behalf of the City, to accept the aforesaid written proposal above referred to, the original of which shall be kept on file in the office of the City Clerk, the form of said written proposal to be 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 upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24223. AN ORDINANCE authorizing the purchase of supplies of standard ground alum for the City's Water Department for the period beginning July 1, 1978, and ending June 30, 1979, upon certain terms and provisions, by accepting a certain bid made to the City; rejecting certain 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 Allied Chemical Corporation to furnish and supply to the City's Water Department at the unit price of $157.20 per ton, the total estimated amount needed being 275,000 pounds, in accordance with the bidder's proposal and the City's specifications made therefor, for the period beginning July 1, 1978, and ending June 30, 1979, delivery to be made as and when ordered by the City's Manager of Purchasing and Materials Control, be and is hereby ACCEPTED; 2. That the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed, for and on behalf of the City, to issue requisite purchase orders for the supplies of standard ground alum mentioned in paragraph 1 above, the same to be paid for upon acceptance by the City out of funds heretofore appropriated for the purpose; 3. That the other bids received by the City for the supply of standard ground alum be, and said other bids are hereby REJECTED, the City Clerk to so notify said other bidders 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 26th day of June, 1978. No. 24224. AN ORDINANCE authorizing the purchase of supplies of liquid alum for the City's sewage treatment plant for the period beginning July 1, 1978, and ending June 30, 1979; upon certain terms and provisions, by accepting a certain bid made to the City; rejecting certain 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 Allied Chemical Corporation, to furnish and supply liquid alum to the City's sewage treatment plant at the unit price of $94.20 per dry ton, the total estimated amount needed being 1,860 dry tons, in accordance with the bidder's proposal and the City's specifications made therefor, for the period beginning July 1, 1978, and ending June 30, 1979, delivery to be made as and when ordered by the City's Manager of Purchasing and Materials Control, be and is hereby ACCEPTED; 2. That the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed, for and on behalf, of the City, to issue requisite purchase orders for the supplies of liquid alum mentioned in paragraph 1 above, the same to be paid for upon acceptance by the City out of funds heretofore appropriated for the purpose; 3. That the other bids received by the City for the supply of liquid alum be, and said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation for 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 full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor 77 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 'The 26th day of June, 1978. No. 24225. AN ORDINANCE authorizing the purchase of supplies of liquid chlorine for the City's Water Department and for the sewage treatment plant for the period beginning July 1, 1978, and ending June 30, 1979; upon certain terms and provisions, by accepting a certain bid made to the City; rejecting certain 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 Jones Chemical, Incorporated, to supply 135 cylinders of liquid chlorine to the City's Water Department in 150 pound cylinders at $10.97 per 100 pounds; and to supply 288 cylinders of liquid chlorine to the City's Water Department, Carvins Cove Filter Plant and sewage treatment plant in 2000 pound cylinders at $7.17 per 100 pounds, f.o.b., point of delivery specified in purchase order, for the period beginning July 1, 1978, and ending June 30, 1979, be and is hereby ACCEPTED; 2. That the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed, for and on behalf of the City, to issue requisite purchase orders for the supplies of liquid chlorine mentioned in paragraph 1 above, the same to be paid for upon acceptance by the City out of funds heretofore appropriated for the purpose; 3. That the other bids received by the City for the supply of liquid chlorine be, and said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation for 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 full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24226. AN ORDINANCE accepting the proposal of Lynchburg Foundry 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, 1978, and ending June 30, 1979; authorizing the proper City officials to execute the requisite contract or purchase orders; rejecting all 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 Lynchburg Foundry Company for furnishing and supplying to the City certain quantities of various sizes of ductile iron pipe, in full accordance with the City's plans and specifications, and during the periods of time mentioned in said specifications, for the unit prices as follows: Description 100 L.F. - 3" pmpe, mechanical joint 100 L.F. - 4" pmpe, mechanical joint 1,000 L.F. - 4" pmpe, push-on joint 100 L.F. - 6" pipe, mechanical joint 2,000 L.F. - 6" pmpe, push-on joint 200 L.F. - 8" pmpe, mechanical joint 3,000 L.F. - 8" pmpe, push-on joint 500 L.F. - 12" pipe, mechanical joint 26,200 L.F. - 12" pipe, push-on joint 100 L.F. - 16" pipe, mechanical joint 11,000 L.F. - 16" pipe, push-on joint 5,300 L.F. - 20" pipe, push-on joint Unit Price 3.25 3.75 3.5o 4.54 4.17 6.12 5.66 10.08 9.37 14.03 12.71 16.71 said pipe to be delivered f.o.b., Roanoke, Virginia, Purchasing and Materials Control Warehouse, 1046 Campbell Avenue, N. E., which proposal is on file in the office of the City Clerk, be and said proposal is hereby ACCEPTED; 2. That the City Manager be and he is hereby authorized and directed, for and on behalf of the City, to execute a requisite contract with the aforesaid bidder, incorporating therein the aforesaid specifications, said bidder's proposal and the provisions of this ordinance, 78 the form of which said contract shall be approved by the City Attorney; or in lieu of such contract, that the City's Manager of Purchasing and Materials Control, with the approval of the City Manager, issue, from time to time, purchase orders to the aforesaid supplier for supply to the City of needed quantities of such pipe, such purchase orders, likewise, to have incorporated therein the above-mentioned specifications and to be, otherwise, consistent with the provisions of this ordinance; 3. That 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; 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 26th day of June, 1978. No. 24227. 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, 1978, and ending June 30, 1979, upon certain terms and provisions, 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 as follows: 1. That the following offers made by the following bidders upon the unit prices stated below, viz: (a) From Rockwell International, Pittsburgh, Pennsylvania, the following: Type of Meter 3 inch compound 4 inch compound 6 inch compound 8 inch compound Unit Price $ 600.58 $ 970.00 $ 1,980.00 $ 2,736.00 (b) From Neptune Water Meter Co., Louisville, Kentucky, the following: Type of Meter Unit Price 2 inch $ 176.90 (c) From Hersey Products Co., Dedham, Massachusetts, the following: Type of Meter Unit Price 1 1/2 inch 6 inch detector 8 inch detector 10 inch detector $ 133.65 $ 940.00 $ 1,435.00 $ 2,350.00 (d) From Badger Meter, Incorporated, Milwaukee, Wisconsin, the following: Type of Meter Unit Price 5/8 inch $ 18.90 Less trade-in allowance for 5/8" bronze case meter -$ 5.00 3/4 inch $ 24.15 1 inch $ 36.25 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., City of Roanoke Purchasing and Materials Control Warehouse, 1046 Campbell Avenue, N. E., Roanoke, Virginia, the successful bidders to pay all shipping charges on traded in meters, for the period of time beginning July 1, 1978, and ending June 30, 1979, 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 for the purpose; 2. That, the City's Manager of Purchasing and Materials Control be, and he 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; 3. That 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 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 full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24228. A RESOLUTION recommending and urging that the State Department of Highways and Transportat include within the proposed Hershberger Road improvements an interchange to the Huff property; setting out the need therefor; committing the City to pay its proportionate share of the costs of such project, or 100% of all costs incurred by the Commonwealth should the City later decide to abandon the project; requesting the State Highway and Transportation Commissioner to acquire all necessary rights of way for such project. WHEREAS, by Resolution No. 23847, dated September 26, 1977, Council requested the State Department of Highways and Transportation to design and construct additional lanes on Hershberger Road, N. W., between Cove Road, N. W., and Williamson Road, N. W.; WHEREAS, Hershberger Road, N. W., remains in dire need of improvements and is one of the City's highest priorities; and WHEREAS, since the adoption of Resolution No. 23847 the Council of the City of Roanoke has rezoned approximately 165 acres of land thereby permitting the construction of a large regional shopping center; and WHEREAS, the large volume of motor vehicle traffic attracted to this large regional shopping mall will require a "fly under" and underpass structure so as to facilitate the movement of traffic on Hershberger Road, N. W.; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager be and he is hereby directed to request the State Department of Highways and Transportation to program for preliminary engineering, right-of-way acquisition, and construction, an interchange to the Huff property on Hershberger Road, N. W., such interchange being shown in detail on a plan entitled Alternate IV, Proposed Hershberger Road Shopping Mall Interchange, dated April 21, 1977, such work to be accomplished by a project in which the costs will be allocated in accord with Section 33.1-44, Code of Virginia (1950),-as amended; 2. That the City Manager be, and he is hereby authorized to execute, on behalf of the City, all requisite applications to the Virginia Department of Highways and Transportation, for the accomplishment of the aforesaid portion of said project within the City and, further to extend the City's assurance that the City will, upon ordering such project, commit itself to pay such proportion of the total cost as is required by Section 33.1-44, Code of Virginia (1950), as amended, for such portion of the project as is accomplished within the City out of funds provided in the City's Capital Improvements Project Account for such purposes, it to be agreed and understood that, should the Department of Highways and Transportation undertake the initiation and programming of the aforesaid project and incur expense or cost therefor and should the City later desire to abandon or indefinitely postpone construction of such project, the City will reimburse the Commonwealth of Virginia, Department of Highways and Transportation 100% of all costs incurred by said Department in and about initiating and programming said project pursuant to the aforesaid request; 3. That this Council hereby requests the State Highway and Transportation Commissioner, pursuant to the provisions of Section 33.1-89, Code of Virginia (1950), as amended, to acquire for the City all necessary rights-of-way for the aforesaid project and, pursuant to said section, to thereafter convey the titles so acquired to the City; and the City of Roanoke guarantees to reimburse the Commonwealth of Virginia, Department of Highways and Transportation, for such proportionate costs incurred in the acquisition of the necessary rights-of-waY for said project as is required by State law, it being understood that such acquisitions will.be handled by the Commissioner under established policies and procedures and that his decision in all instances will be final; and .on 8O 4. That the City Manager be, and he is hereby 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 26th day of June, 1978. No. 24229. AN ORDINANCE approving a certain agreement dated July 6, 1978, to be entered into between the City of Roanoke and Hersch Associates, a North Carolina limited partnership; authorizing the Mayor and the City Clerk to execute such agreement for and on behalf of the City of Roanoke; and providing for an emergency and an effective date of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the form of an agreement between the City of Roanoke and Hersch Associates, a North Carolina limited partnership with its principal office in Charlotte, North Carolina, dated July 6, 1978, copies of which are on file in the Office of the City Clerk, which agreement is a clarification of certain points contained in the agreement between the City of Roanoke and Hersch Associates, dated May 22, 1978, copies of which are also on file in the Office of the City Clerk, and which was approved by Council on first reading by Ordinance No. 24141, on May 22, 1978, he and hereby is approved by Council; 2. That the Mayor and City Clerk of the City of Roanoke be, and they are hereby authorized and directed to execute and to seal and attest, respectively, said agreement for and on behalf of the City of Roanoke; 3. That, in order to provide for the general welfare and safety of the City and its inhabitants, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after July 6, 1978. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24230. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: EDUCATION #1901 Instruction (1) .................................. $15,575,818.00 MISCELLANEOUS #1850 Interest on Temporary Loans (2) .................. $ 122,340.00 (1) Net increase-- $77,660.00 (2) Net decrease ..... 77,660.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinmnce 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 June, 1978. No. 24231. A RESOLUTION rejecting all bids received by the City for the construction of the 10th Street Storm Drain Tunnel. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That all bids received by the City on June 12, 1978, for the construction of the 10th Street Storm Drain Tunnel be and said bids are hereby REJECTED; 2. That the City Clerk be and is hereby directed to so notify all said bidders and to express to each the City's appreciation for said bids. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24232. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: OPERATING EXPENSES #2003 Maintenance (1) ........................................ $725,360.00 CAPITAL OUTLAY #2401 Fixed Equipment (2) .................................... $ 6,108.00 (1) Net increase ........................ $410,000.00 (2) Net decrease ........................ 262,364.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 82 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24233. AN ORDINANCE accepting a proposal for replacement of aeration equipment in two (2) old aeration basins with plate-type diffusers and new piping at the Sewage Treatment 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 Acorn Construction Company, Ltd., made to the City for the replacement of aeration equipment in two (2) old aeration basins with plate-type diffusers and new piping in accordance with the City's plans and specifications therefor, offered to bidders as Contract "F", for a lump sum of $391,000.00, be, and is hereby ACCEPTED; the cost whereof shall be paid for out of funds which have been or are being appropriated by the Council for said improve- ments; 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 Acorn Construction Company, Ltd., based on its lump sum bid, the terms of which contract shall be as set out in said proposal, which proposal is on file in the Office of the City Clerk; and 3. That the other bid received by the City for the aforesaid improvements to the City's Sewage Treatment Plant be, and is hereby REJECTED; the City Clerk to So notify said other bidder and to express the City's appreciation for said bid. 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 26th day of June, 1978. No. 24234. AN ORDINANCE to amend and reordain certain sections of the 1977-78 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 1977-78 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: STREET MAINTENANCE #1658 Materials and Supplies (1) .......................... $194,900.00 Maintenance (2) ..................................... 662,510.00 (1) Net decrease (2) Net increase $25,000.00 25,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 8,3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24235. AN ORDINANCE accepting the proposal of John A. Hall and Company, Inc., for the paving of streets at various locations and a portion of the parking lot at the Public Works Service Center 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 John A. Hall and Company, Inc., for the paving of streets at various locations throughout the City and a portion of the parking lot at the Public Works Service Center, in accordance with the Virginia Department of Highways and Transportation's specifications and the City's plans and specifications at the maximum unit price of $21.76 per ton, be ACCEPTED at the unit prices bid, the total amount of the contract not to exceed $430,000.00; 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 John A. Hall and Company, 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 the paving of various streets in the City 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24236. AN ORDINANCE accepting the proposal of Adams Construction Company for performing certain miscellaneous, small area hard surface street and sidewalk restoration; 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 as follows: 1. That the proposal of Adams Construction Company for performing miscellaneous, small area improved hard surface street and sidewalk restoration within the City, in full accordance with the City's plans and specifications, and during the period of time mentioned in said specificat: at the unit prices and for not more than the estimated sum of $154,951.00, which proposal is on file in the office of the City Clerk, be, and said proposal is hereby ACCEPTED; 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 attest, respectively, a requisite contract with the aforesaid bidder, incorporating therein the aforesaid specifications, said bidder's proposal and the provisions of this ordinance, the form of which said contract shall be approved by the City Attorney. 3. That the proposal of the other bidder for the performance of said work be, and the same is hereby REJECTED; the City Clerk to so notify said other bidder and to express to such bidder the City's appreciation for said bid; and 4. That for the usual daily operation' of the municipal government an emergency is deemed to exist and that this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor ons, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1978. No. 24237. AN ORDINANCE accepting a bid made for re-roofing the Preston Park Community Center, authorizing the proper City officials to execute the requisite contract therefor, rejecting another bid; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Leonard Smith Sheet Metal and Roofing Company, for furnishing all labor, tools, equipment and materials necessary for re-roofing the Preston Park Community Center, for a lump sum not to exceed $16,254.00, be and said bid is hereby ACCEPTED; 2. That the City Manager be and he is hereby authorized and directed, for and on behalf of the City, to execute 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 appropriated by the Council for the purpose; 3. That the other bid made to the City for the re-roofing of the Preston Park Community Center be and said bid is hereby REJECTED; the City Clerk to so notify the other bidder and to express to said bidder the City's appreciation for the 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA~ The 10th day of July, 1978. No. 24220. AN ORDINANCE authorizing and providing for the City to lease the old D.M.V. Building located at 530 8th Street, S. W., in the City of'Roanoke, to the Virginia State Department of Health, 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 written lease agreement on behalf of the City for lease of the old D.M.V. Building located at 530 8th Street, S. W., in the City of Roanoke, to the Virginia State Department of Health for the period commencing April 1, 1978, and terminating June 30, 1979, at a monthly rental of $206.04; 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 10th day of July, 1978. No. 24238. AN ORDINANCE authorizing and providing for the lease by the City of certain ground floor space in the City's Municipal Parking Facility to Roland Macher and Richard Macher, d/b/a Spanky's, 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 Roland Macher and Richard Macher, d/b/a Spanky's, Inc., as lessee, leasing to said lessee a 4,892 square- foot area in the City's municipal parking facility to be used for a restaurant, for a term of five (5) years commencing August 1, 1978, and terminating July 31, 1983, at a rental of $5.00 a square foot per year, payable in equal monthly installments with an option to renew for an additiona five (5) years at a rental of $5.75 per square foot per year 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, and to further contain provision for a credit of $5,000.00 to the first year's rental for improvements to be made to the leased premises by the lessee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of July, 1978. No. 24239. A RESOLUTION recognizing the HONORABLE CHARLES L. LANDIS to be a member of the City Council and Vice-Mayor of the City of Roanoke. WHEREAS, Charles L. Landis received the largest number of votes of any candidate running for Council in the regular Councilmanic election held on the first Tuesday of May, 1978, 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, 1978; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable Charles L. Landis 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, 1978, 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 said City for a term commencing July 1, 1978, and continuing for a period of two years and until his successor shall have been elected and qualified. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of July, 1978. No. 24241. A RESOLUTION authorizing the City's application to the United States of America, Department of Housing and Urban Development, for a Categorical Program Settlement Grant for funds to financially settle the urban renewal loan commitments in the City's three conventional urban renewal programs; and authorizing the City Manager to execute the requisite grant application. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Council doth authorize and direct that an application be made on behalf of the City to the United States of America, Department of Housing and Urban Development, for a grant of Federal aid under the Categorical Program Settlement Grant program to financially settle the urban renewal loan commitments in the City's three conventional urban renewal programs; 2. That H. B. Ewert, City Manager, or in his absence Sam H. McGhee, III, Assistant City Manager, be and they are hereby authorized and directed to execute, for and on behalf of the City, the requisite grant application. APPROVED ATTEST: City Clerk Mayor 86 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of July, 1978. No. 24242. AN ORDINANCE to amend and reordain certain sections of the 1978-79 Grant Programs 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 1978-79 Grant Programs Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: COMMUNITY DEVELOPMENT BLOCK GRANT $1,931,000.00 Gainsboro N.D.P. Va. A-6 (1) Deanwood Road Project (2) Hurt Park (3) Morningside Park (4) Highland Park Area (5) Southern Hills Conservation Area (6) Storm Drainage Facilities (7) Riverdale Public Improvements (8) Administration (9) Local Option Contingencies (10) (1) Net increase (A35684600000) (2) Net increase (A35684600000) (3) Net increase (A35684600000) (4) Net increase (A35684600000) (5) Net increase (A35684600000) (6) Net increase (A35684600000) (7) Net increase (A35684600000) (8) Net increase (A35684600000) (9) Net increase (A35684600000) (10) Net increase (A35684600000) $680,000.00 600,000.00 85,000.00 15,000.00 25,000.00 25,000.00 125,000.00 50,000.00 325,000.00 1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of July, 1978. No. 24243. 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 as follows: 1. That the City of Roanoke doth hereby accept the offer made to said City by the United States of America, Department of Housing and Urban Development, under date of June 28, 1978, of a grant of Federal funds under Title I of the Housing and Community Development Act of 1974 (Public Law 93-383), amounting to $2,411,000.00 in funding certain community development activities and projects set out and described in the City's application for said funding made as Grant No. B-78-MC-51-O020 by said Department, upon all of the terms, provisions and conditions therein set out, a copy of the aforesaid offer made on Form HUD-7082 (3-77) to which is attached the Grant Agreement and the terms, provisions and conditions upon which said grant is made being on file in the office of the City Clerk and being expressly incorporated herein by reference; 2. That 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 City set out on page 6 of the aforesaid Form HUD-7082 (3-77), thereby agreeing on behalf of the City of Roanoke, to comply with the terms and conditions of the aforesaid Grant Agreement, applicable law and regulations and all requirements of HUD, now or hereafter in effect, pertaining to the assistance provided; and 3. That upon execution of the City's acceptance of said offer and execution of agreement to the terms and conditions incorporated therein, the original and one copy of the aforesaid document be forthwith forwarded to the Richmond Area Office of the Department of Housing and Urban Development, together with attested copies of this resolution, one copy to be forwarded to the City of Roanoke Redevelopment and Housing Authority, and one executed copy to be retained by the City Clerk, for the City. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of July, 1978. No. 24244. AN ORDINANCE to amend and reordain certain sections of the 1978-79 Grant Programs 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 1978-79 Grant Programs Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: COMMUNITY DEVELOPMENT BLOCK GRANT Fire Station No. 1 (1) .............................. $ 52,750.00 Administration (2) .................................. 1,100,250.00 (1) Net decrease (A35684697501) .... $12,750.00 (2) Net increase (A35684697802) .... 12,750.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance Shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of July, 1978. No. 24245. AN ORDINANCE authorizing the employment of the professional services of certain architects to provide certain services in connection with evaluations of Fire Station No. 1 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 firm of Smithey & Boynton, Architects and Engineers, of Roanoke, be, and is hereby employed as architects to perform evaluations of the structural, exterior renovation, mechanical and electrical, and interior space utilization of Fire Station No. 1 and the development of a report for distribution, said firm to be paid for services performed a sum not to exceed $12,711.50, without additional authorization of the Council; 88 2. That the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to execute a written agreement, upon form approved by the City Attorney, for the aforesaid services; 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 10th day of July, 1978. No. 24246. A RESOLUTION approving certain emergency action of the City Manager, taken to effect repairs to the parking lot lights at the Roanoke Municipal Airport, Woodrum Field. WHEREAS, the City Manager has reported in writing to the Council on July 10, 1978, pursuant to the provisions of Section 41 of the Roanoke Charter of 1952, that an immediate necessity existed to repair the ten light fixtures in the parking lot leased to APCOA, Inc., at the Airport, in that the safety and security of the parking lot and the Airport were of concern to the Administra- tion after the existing lights were rendered inoperable by a recent rainstorm; WHEREAS, the Administration issued an emergency work directive to Floyd S. Pike Electrical Contractor, Inc., to perform the necessary repairs, and said repairs were made for the total sum of $18,442.64; and WHEREAS, funds for this work are available in Airport Fund Account No. A04240191608, Unidentified Construction; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager's report explaining the facts constituting this emergency situation be and is hereby received and filed. 2. That the Council does hereby approve, ratify and confirm the measures taken by the City Manager in this emergency situation, including the employment of Floyd S. Pike Electrical Contractor, 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 10th day of July, 1978. No. 24247. AN ORDINANCE accepting the offer of the City of Roanoke Redevelopment and Housing Authority to convey certain properties adjoining Hurt Park facing Salem Avenue and 15th Street, S. W., to the City of Roanoke for park purposes; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of the City of Roanoke Redevelopment and Housing Authority to convey to the City certain properties for a park site consisting of properties adjoining Hurt Park facing Salem Avenue, and 15th Street, S. W., be, and said offer is hereby ACCEPTED; 2. That such acceptance shall be effective upon delivery to the City of a good and sufficient deed of conveyance and approval of such deed 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 10th day of July, 1978. No. 24248. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordaine~ to read as follows, in part: MOTOR VEHICLE MAINTENANCE #1671 (1) ........................ $966,186.00 CONTINGENCIES #1880 (2) .................................... 861,919.00 (1) Net increase (A01167125533) $28,600.00 (2) Net decrease (A01188072006) 28,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of July, 1978. No. 24249. AN ORDINANCE providing for the City's acquisition of 1.439 acres, being a major portion of Block 14, Sheet 1 S.W., Map of the Official Survey, in the City of Roanoke, and providing for an emergency. BE IT ORDAINED'by the Council of the City of Roanoke as follows: 1. That the offer of the United States Postal Service to sell and convey to the City 1.439 acres, being a major portion of Block 14, Sheet 1 S.W., Map of the Official Survey in the City, being the old United States Post Office building and site for the cash sum of $500,000.00, be, and said offer is hereby ACCEPTED; 2. That upon delivery to the City of a good and sufficient deed of conveyance, granting and conveying to the City the right, title and interest of the grantor, United States Postal Service, 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 payment of the $500,000.00 purchase price hereinabove provided, less any amount due to be paid by said grantor as taxes; 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: 9O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of July, 1978. No. 24250. A RESOLUTION acdepting an offer of settlement for damages sustained by a city-owned vehicle. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to accept an offer of settlement in a form suitable to the City Attorney for damages sustained by a city-owned fire engine on March 9, 1975, when such vehicle collided with an automobile operated by Edward E. Leftwich, Jr., such offer being in the amount of $2600.00; further, the City Manager is empowered to execute on behalf of the City a full release of liability in a form suitable to the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of July, 1978. No. 24251. AN ORDINANCE waiving certain provisions contained in Rule 6, of Sec. 5, Chapter 1, of Title XII, of the Code of the City of Roanoke (1956), as amended, so as to permit the provision of public water service to certain lots in the southwest section of the city near Anteitam Drive through a private easement, 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 those provisions contained in Rule 6, Sec. 5, Chapter 1, of Title XII, of the Code of the City of Roanoke (1956), as amended, requiring service connections, including the tapping of mains, pipe to the curb line, suitable meter boxes, meters, and outlet connections, set at the curb line, and installed from the main and at right angles to it, along the customer's frontage on which a main passes, be and said provisions are hereby waived in favor of Louis Saunders and Connie Saunders, as to Lots 3 and 4, inclusive, according to a plat showing division of property of James L. Beane, in order that public water service be supplied to said lots through a private easement, for the construction, operation, maintenance, and repair of the necessary lateral water line to become the property of and be maintained by the owners of said lots, all such water service installations to be, otherwise, in full accordance with all other rules and regulations of the City's Water Department; and 2. That in order to provide for the public health and general welfare 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 July, 1978. No. 24252. A RESOLUTION appointing a member of the Local Board of Virginia Western Community College for a four-year term of Office on said Board, commencing July 1, 1978. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Maury L. Strauss, a resident of the region served by Virginia Western Community College and representative of the commercial, industrial and professional interests and activities of this City and of such region, be and is hereby reappointed as a member of the Local Board of Virginia Western Community College for a four-year term of Office commencing July l, 1978, and terminating June 30, 1982; 2. That the City Clerk is directed to transmit to the above-named appointee, to the President of Virginia Western Community College, and to the State Board for Community Colleges an attested copy of this resolution. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of July, 1978. No. 24253. A RESOLUTION accepting the possession and control of the Jefferson High School Vocational Annex Building and an old school maintenance building from the School Board of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that this Council, having received a resolution adopted by the School Board of the City of Roanoke advising that the Jefferson High School Vocational Annex Building and an old school maintenance building will no longer be utilized by said Board for public school purposes and having been requested by said Board to assume control over said buildings, doth hereby accept, from the School Board of the City of Roanoke, the possession and control of those certain premises known as the Jefferson High School Vocational Annex Building, including the grounds and buildings appurtenant thereto, located at 503 6th Street, S. W., bearing Official No. 1113304, and the old school maintenance building, including the grounds and buildings appurtenant thereto, located at 306 6th Street, S. W., bearing Official No. 1112502. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of July, 1978. No. 24254. A RESOLUTION setting forth the intent of the City of Roanoke to cooperate and work with the owners of property abutting Hershberger Road, N. W., in the area to be improved by the construction of additional lanes in an effort to provide adequate vehicular access to these properties and recommending and urging that the State Department of Highways and Transportation consider the traffic access needs of these properties in its design of the aforesaid project. 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. 23847, dated September 26, 1977, Council requested the State Department of Highways and Transportation to design and construct additional lanes on Hershberger Road, N. W., between Cove Road, N. W., and Williamson Road, N. W.; WHEREAS, by Resolution No. 24228, dated June 26, 1978, Council recommended and urged that the State Department of Highways and Transportation include within the proposed Hershberger Road improvements an interchange to the Huff Farm property; WHEREAS, certain owners of property abutting Hershberger Road in the area to be improved have expressed to Council concern about vehicular access to their properties after completion of the Hershberger Road improvements; WHEREAS, there appear to be numerous solutions to providing vehicular access to the properties and businesses located on Hershberger Road in the area to be improved; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That it is the intent of the City of Roanoke 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 in locating on Hershberger Road; 2. That this Council hereby requests 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, and Council further requests that these owners be kept advised of the status of the Hershberger Road project and the plans therefor; and 3. That the City Manager be, and he is hereby 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 24th day of July, 1978. No. 24240. 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. 254, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have all that certain lot or parcel of land located in the City of Roanoke, Virginia, being three fourths of an acre, more or less, known as 3129 Lombardy Avenue, N. W., Official Number 2540101, rezoned from RS-3, Single Family Residential District, to RG-1, General Residential District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RS-3, Single Family Residential District to RG-1, General Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 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 10th day of July, 1978, 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. 254 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particu- lar and no other, viz: Ail that certain lot or parcel of land located in the City of Roanoke, Virginia, being three fourths of an acre, more or less, known as 3129 Lombardy Avenue, N. W. (Official Number 2450101), and more particularly described as follows: BEGINNING at a point on the line of the lands of Elmore D. Heins and the Country Club, said point being South 66 degrees, 45' East 252.50 feet from the Northwest corner of the land of said Heins (the said Northwest corner being now witnessed by a large concrete fence post and monument to same); running thence a new line South 23 degrees 15' West 130 feet to a point on a 20 foot roadway; thence along the roadway South 66 degrees 45' East 164.60 feet to a point; thence North 23 degrees 15' East 130 feet to a point on the line of the lands of the said Heins and Country Club; thence with this line North 66 degrees 45' West 164.60 feet to the place of BEGINNING; be, and is hereby, changed from RS-3, Single Family Residential District, to RG-1, General Residential District, and that Sheet No. 254 of the aforesaid map be changed in this respect. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1978. No. 24256. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Combined Federal School Programs (A01190175001) (1) ........ $772,663.00 REVENUE State and Federal Programs (R01191001) (2) ................. $772,663.00 (1) Net increase ........................ $772,663.00 (2) Net increase ........................ $772,663.00 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 July, 1978. No. 24257. AN ORDINANCE to amend and reordain certain sections of the 1978-79 Grant Programs 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 1978-79 Grant Programs Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATION Circuit Court Equipment #7453 (1) .................... $6,000.00 REVENUE Circuit Court Equipment #7453 (2 & 3) ................ 6,000.00 (1) Net increase (A35745390020) (2) Net increase (R35745321) (3) Net increase (R35745331) $6,000.00 5,700.00 300.00 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 July, 1978. No. 24258. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds for the purchase of certain court equipment by and for the Circuit Court of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That H. B. Ewert, City Manager, be and he is hereby authorized to accept, execute and file the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for Action Grant No. 77-A4380 for Federal funds in the amount of $5,700.00, through said Division, to be used along with certain other local contributions in the amount of $300.00, to purchase certain court equipment for the Circuit Court of the City of Roanoke, estimated to cost $6,000.00; and 2. That the City Manager or his successor in office is further directed to furnish such additional information as may be required by the Division of Justice and Crime Prevention in connection with the City's aforesaid acceptance of said grant or with said project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1978. No. 24259. AN ORDINANCE to amend and reordain Section #1375, "Parks and Recreation," of the 1978-79 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 Section #1375, "Parks and Recreation," of the 1978-79 General Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PARKS AND RECREATION #1375 (1 & 2) ....................... $526,889.43 (1) Net increase (A01137530097) (2) Net increase (A01137530095) $ 807.01 1,541.42 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 24th day of July, 1978. No. 24260. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Title XX Services #1540 (1,2,3,4,5, & 6) .................. $53,789.80 REVENUE Title XX Receipts #1003 (7) ............................... 53,789.80 (1) Net (2) Net (3) Net (4) Net (5) Net (6) Net mncrease (A01154020060) · ncrease (A01154020061) mncrease (A01154020066) mncrease (A01154020067) increase (A01154020068) increase (A01154020069) (7) Net mncrease (R01100301) $ 4,489.01 4,560.56 6,905.75 1,002.05 36,075.73 756.70 53,789.80 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 July, 1978. No. 24261. AN ORDINANCE authorizing lease-purchase agreements with Datapoint Corporation of San Antonio, Texas, to provide a data communications package for development of a prototype regional criminal justice information system; 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 Datapoint Corporation of San Antonio, Texas, to provide for a five-year lease-purchase plan for a data communications package consisting of two mini-computers and other computer hardware and software, the aforesaid hardware and software constituting a prototype regional criminal justice information system, such lease-purchase agreemen! to cost the City of Roanoke $869.47 per month, plus a $120 one-time installation charge, for a total of $52,288.20, upon approval of the form of the contract by the City Attorney, and upon such other terms and conditions as are provided therein; and 2. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1978. No. 24263. 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 January 24, 1978, for installation of a new emergency generator 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, Change Order No. 1 to the City's contract with J. M. Murphy Company, Inc., dated January 24, 1978, for installation of a new emergency generator at the Sewage Treatment Plant, so as to provide a time extension of twenty-one (21) additional calendar days to be allowed for completion of such work without any additional charge to be made to the City by reason of such extension of time; and 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 24th day of July, 1978. No. 24264. AN ORDINANCE to amend and reordain certain sections of the Grant Programs Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the Grant Programs Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Title VI Unobligated Funds (1) ......................... $ 240,268.12 REVENUE C.E.T.A. Drawdowns (2) ................................. 20,358,244.00 (1) Net increase (A35782572006) $240,000.00 (2) Net increase (R35780101) 240,000.00 BE IT FURTHER ORDAINED that, an emergency existing, from its passage. ATTEST: APPROVED City Clerk this Ordinance shall be in effect Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1978. No. 24265. AN ORDINANCE to amend and reordain certain sections of the 1978-79 Water, Sewage Treatment, Airport and Civic Center 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 1978-79 Water, Sewage Treatment, Airport and Civic Center Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: 9'7' WATER FUND General Operating #2002 (1, 2 & 3) ........................... $1,639,978.08 Water Pumping Station & Tanks #2010 (4 & 5) .................. 287,531.01 Water Purification #2015 (6, 7, 8 & 9) ....................... 338,973.59 Capital Outlay from Revenue #2401 (10, 11, 12, 13, 14, 15, 16, 17, 18, 19 & 20) ............................................ 1,801,812.91 Capital Outlay from Bond Funds #2405 (21, 22, 23 & 24) ....... 854,935.00 SEWAGE TREATMENT FUND General Operating #2003 (25, 26, 27, 28, 29, 30, 31, 32 & 33). 3,389,164.49 Capital Outlay from Revenue #2401 (34, 35, 36, 37, 38, & 39).. 3,790,033.95 Capital Outlay from Bond Funds #2405 (40, 41 & 42) ........... 853,346.00 AIRPORT FUND General Operating #2004 (43, 44 & 45) ........................ 1,029,514.96 Capital Outlay from Revenue #2401 (46, 47, 48, 49, 50, 51, 52, 53, 54, 55 & 56) ............................................ 1,027,957.90 Capital Outlay from Bond Funds #2405 (57 & 58) ............... 405,594.75 CIVIC CENTER FUND General Operating #2005 (59, 60, 61, 62, 63, & 64) ........... Promotional Expenses #2020 (65 & 66) ......................... Capital Outlay from Revenue #2401 (67) ........................ 955,383.95 43,007.91 3,832.58 (1) Net (2) Net (3) Net (4) Net (5) Net (6) Net (7) Net (,?) Net (9) Net (10) Net (11) Net (12) Net (13) Net (14) Net (15) Net (16) Net (17) Net (18) Net (19) Net (20) Net (21) Net (22) Net (23) Net (24) Net (25) Net (26) Net (27) Net (28) Net (29) Net (30) Net (31) Net (32) Net (33) Net (34) Net (35) Net (36) Net (37) Net (38) Net (39) Net (40) Net (41) Net (42) Net (43) Net (44) Net (45) Net (46) Net (47) Net (48) Net (49) Net (50) Net (51) Net (52) Net increase (A02200220010) ........... $ mncrease (A02200230030) ............ increase (A02200230050) ............ mncrease (A02201021030) ............ mncrease (A02201025515) ............ · ncrease (A02201520010) ............ · ncrease (A02201525505) ............ · ncrease (A02201525515) ............ increase (A02001530050) ............ · ncrease (A02240190010) ............ mncrease (A02240190025) ............ 780.00 21.08 79.00 77.00 239.01 9,825.00 14,413.00 1,520.44 5,780.15 389.43 17,871.25 mncrease (A02240190301) ............ 215,724.47 increase (A02240190501) ............ 29,760.28 · ncrease (A02240190601) ............ 44,797.39 · ncrease (A02240190801) ............ 6,313.00 mncrease (A02240190901) ............ 2,000.00 mncrease (A02240191201) ............ 76,783.85 increase (A02240191501) ............ 2,000.00 · ncrease (A02240192701) ............ 42,625.24 · ncrease (A02240192901) ............ 251,324.00 · ncrease (A02240591101) ............ 55,225.00 mncrease (A02240591201) ............ 45,452.00 · ncrease (A02240591301) ............ 144,603.00 · ncrease (A02240591401) ............ 609,655.00 increase (A03200320010) ............ 50,273.00 mncrease (A03200325515) ............ 459,380.14 · ncrease (A03200325581) ............ 53,420.00 mncrease (A03200325593) ............ 107,244.42 · ncrease (A03200330005) ............ 12.52 · ncrease (A03200330030) ............ 3,026.60 mncrease (A03200330050) ............ 36,192.81 mncrease (A03200340078) ............ 5,000.00 mncrease (A03200340093) ............ 67,485.00 increase (A03240190020) ............ 4,084.00 zncrease (A03240190025) ............ 4,608.00 mncrease (A03240190101) ............ 47,470.95 · ncrease (A03240191001) ............ 100,000.00 mncrease (A03240191101) ............ 387,140.33 mncrease (A03240191201) ............ 1,916,730.67 · ncrease (A03240593201) ............ 365,793.00 · ncrease (A03240593301) ............ 375,253.00 mncrease (A03240593501) ............ 112,300.00 · ncrease (A04200420010) ............ 14,439.92 increase (A04200430005) ............ 248.04 zncrease (A04200430050) ............ 3.00 mncrease (A04240190901) ............ 4,000.00 mncrease (A04240191501) ............ 327,975.26 mncrease (A04240191550) ............ 58,254.25 · ncrease (A04240191602) ............ 2,000.00 mncrease (A04240191604) ............ 20,176.11 mncrease (A04240191605) ............ 14,000.00 zncrease (A04240191606) ............ 11,500.00 (53) Net mncrease (A04240191607) ............ 37,934.64 (54) Net ~ncrease (A04240191608) ............ 18,442.64 (55) Net mncrease (A04240191701) ............ 150,000.00 (56) Net increase (A04240191801) ............ 190,325.00 (57) Net mncrease (A04240595201) ............ 218,119.00 (58) Net ~ncrease (A04240595401) ............ 187,475.75 (59) Net mncrease (A05200520010) ............ (60) Net mncrease (A05200520030) ............ (61) Net ~ncrease (A05200530005) ............ (62) Net mncrease (A05200530015) ............ (63) Net mncrease (A05200530045) ............ (64) Net ~ncrease (A05200530050) ............ 661.00 70.00 262.50 14.77 162.00 487.68 98 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1978. No. 24266. AN ORDINANCE accepting the proposal of S. R. Draper Paving Company, Inc., for the construction of curbs, gutters, street entrances, street paving and related items in the southeast section of the City of Roanoke, in accordance with HUD Project Nos. B-77-MC-51-0020 and B-78- MC-51-0020; authorizing the proper City officials to execute the requisite contract; rejecting certain 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 S. R. Draper Paving Company, Inc., for the construction of curbs, gutters, street entrances, street paving and related items in the southeast section of the City, in accordance with HUD Project Nos. B-77-MC-51-0020 and B-78-MC-51-0020, as described in the City's plans and specifications for a sum of $107,702.50, based on unit prices and estimated quantities, be and said proposal is hereby ACCEPTED, the extent of work to be performed by said bidder and the costs to be incurred by the City, however, not to exceed the total sum of $107,702.50 without further authorization by the Council; 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 contract with S. R. Draper Paving Company, 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 such form as is approved by the City Attorney; 3. That 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 said bidders 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 24th day of July, 1978. No. 24267. A RESOLUTION appointing a member of the Local Board of Virginia Western Community College for a four-year term of Office on said Board, commencing July 1, 1978. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That William S. Russell, a resident of the region served by Virginia Western Community College and representative of the commercial, industrial and professional interests and activities of this City and of such region, be and is hereby appointed as a member of the Local Board of Virginia Western Community College for a four-year term of Office commencing July 1, 1978, and terminating June 30, 1982; 2. That the City Clerk is directed to transmit to the above-named appointee, to the President of Virginia Western Community College, and to the State Board for Community Colleges an attested copy of this resolution. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1978. No. 24268. AN ORDINANCE fixing the annual compensation of a certain unclassified official of the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the annual compensation of the following unclassified official of the City be, and, the same is hereby, fixed at the following sum, effective as of the 29th day of July, 1978: H. B. Ewert, City Manager ........ $40,312.50. 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 force and effect on and after July 29, 1978. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1978. No. 24269. AN ORDINANCE to amend and reordain Section #0201, "City Manager," of the 1978-79 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 Section #0201, "City Manager," of the 1978-79 General Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY MANAGER #0201 (1, 2 & 3) ............................. $233,644.00 (1) Net increase (A02010110002) ......... $2,600.00 (2) Net increase (A02010120010) ......... 730.00 (3) Net decrease (A02010110003) ......... 3,330.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 100 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1978. No. 24270. AN ORDINANCE accepting the bid of Thor, Inc., of Roanoke, Virginia, for certain altera- tions and improvements in the Municipal Building; 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 bid of Thor, Inc., of Roanoke, Virginia, made to the City for certain alterations and improvements in the Municipal Building, more fully described in the City's plans and specifications made therefor, for the lump sum of $55,400.00, be, and is hereby ACCEPTED; the cost whereof shall be paid for out of funds which have been or are being appropriated by the Council for said alterations and improvements; 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 Thor, Inc., of Roanoke, Virginia, the terms of which contract shal~ be as set forth in said proposal, which proposal is on file in the Office of the City Clerk; 3. That the other bids received by the City for the aforesaid alterations and improve- ments to the Municipal Building be, and they are hereby REJECTED; and the City Clerk to so notify said other bidders and to express the City's appreciation for said bids. 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 14th day of August, 1978. No. 24255. 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. 308, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have 137 Noble Avenue, N. E., being Lots 50 and 51, Block D, Map of Williamson Groves, Official Tax Number 3080809; 141 Noble Avenue, N. E., being Lots 52 and 53, Block D, Map of Williamson Groves, Official Tax Number 3080810; and the adjacent 25 foot vacant lot to the east, being Lot 54, Block D, Map of Williamson Groves, Official Tax Number 3080811, rezoned from RD, Duplex Residential District to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 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 24th day of July, 1978, at 2:00 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendations made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 308, of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on the south side of Noble Avenue, N. E., being 137 and 141 Noble Avenue, N. E., and the adjacent 25 foot vacant lot to the east, described as Lots 50, 51, 52, 53, and 54, Block D, Map of Williamson Groves, designated on Sheet 308 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3080809, 3080810 and 3080811, be, and is hereby, changed from RD, Duplex Residential District, to C-2, General Commercial District, and that Sheet No. 308 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1978. No. 24262. AN ORDINANCE authorizing and directing the City's execution of an agreement with Piedmont Aviation, Inc., providing for the extension of the April 1, 1975, Airport Use Agreement between the City and the aforesaid Corporation for a new term of April 1, 1978 to March 31, 1981, and the amendment of certain of the terms of the aforesaid agreement. 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 written agreement with Piedmont Aviation, Inc., modifying the agreement with the aforesaid Corporation dated April 1, 1975, so as to provide for a new term of April 1, 1978, to March 31, 1981 and new fees as follows: Activity fee: $0.204 per 1000 lbs. of the certificated gross aircraft landing weight for the first 109,912 - 1000-lb. units landed at the Airport during each cal- endar month, and $0.184 per 1000 lbs. of the certificated gross aircraft landing weight for all 1000-lb. units landed per calendar month in excess of 109,912 - 1000-lb. units. Old Terminal Building space: New Terminal Building space: Basement space: Baggage Claim space: Departure Room space: Fuel Farm space: 6.06/sq.ft. 7.35/sq.ft. 2.75/sq.ft. 6.95/sq.ft. 7.29/sq.ft. ll0.00/per.mo. City Attorney. ATTEST: That the agreement authorized by this ordinance shall be in a form approved by the APPROVED City Clerk Mayor 102 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1978. No. 24274. A RESOLUTION endorsing and supporting Burrell Memorial Hospital's application for a Certificate of Need from the State Health Department to provide certain services and encouraging the State Health Department to act favorably upon the same. WHEREAS, Burrell Memorial Hospital has diligently served the citizens of Roanoke for over sixty years; WHEREAS, Burrell Memorial Hospital now wishes to continue its tradition of service to the Roanoke community by providing skilled and intermediate long term care; WHEREAS, Burrell Memorial Hospital proposed to provide such services through first applying for a Certificate of Need for same from the Health Department of the Commonwealth of Virginia; and WHEREAS, the Council of the City of Roanoke desires the continuation of Burrell Memorial Hospital's roll of service to the citizens of the Roanoke area. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses and supports Burrell Memorial Hospital's application for a Certificate of Need from the State Health Department to provide such services and encourages the State Health Department to act favorably upon the same. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1978. No. 24275. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 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 #1855 (1) ............................... $9,827,411.00 Revenue: Reimbursements #1036 (2) .......................... 40,000.00 103, CAPITAL PROJECTS FUND Downtown Revitalization Study #3801 (3) ..................... $ 100,000.00 (1) Net increase (A01185587508) ........... $100,000.00 (2) Net increase (R01103602) .............. 40,000.00 (3) Net increase (A08380190001) ........... 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 August, 1978. No. 24276. AN ORDINANCE authorizing a certain contract to be entered into with Moore, Grover & Harper, Architects and Planners, of Essex, Connecticut, to provide certain architectural and planninl services and conduct a study of the Central Business District of 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 written contract with Moore, Grover and Harper, Architects and Planners a professional corporation, providing for such firm's conducting a study of a project area delineated by Fifth Street on the west, Elm Avenue on the south, 1-581 on the east, and the Norfolk and Western Railway Company (plus the Hotel Roanoke property) on the north, such project area being subdivided into three smaller study areas, and providing that, for the critical study area, the special objective for the firm shall be to prepare specific development proposals backed by market research and financial analysis and to provide estimates of probable construction costs; 2. That, pursuant to the contract, the City shall establish a Steering Committee, which shall be the decision-making body for the project, and the firm shall receive instructions and approvals from the Steering Committee only; 3. That the maximum compensation to the firm under such contract for services and reim- bursable expenses shall not exceed $100,000.00 unless that amount is increased by authorization in writing from the City or unless additional time and/or expenses are incurred by the firm due to delays of the Steering Committee as more particularly described in such contract; 4. That the form of the contract with the firm shall be approved by the City Attorney; 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 14th day of August, 1978. No. 24277. AN ORDINANCE to amend and reordain certain sections of the Grant Programs 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 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Human Services Volunteers #6208 (1) ................... $4,166.00 REVENUE Human Services Volunteers #6208 (2) ................... 4,166.00 (1) Net increase (A35620810002) (2) Net increase (R35620825) $1,644.00 1,644.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1978. No. 24278. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Title XX Services #1540 (1,2,3, & 4) ...................... $72,505.90 REVENUE Title XX Receipts #1003 (5) ............................... 72,505.90 (1) Net increase (A01154020060) ................ $ 6,602.18 (2) Net increase (A01154020066) ................ 1,546.00 (3) Net increase (A01154020068) ................ 9,845.67 (4) Net increase (A01154020069) ................ 722.25 (5) Net increase (R01100301) ................... 18,716.10 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 105 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1978. No. 24279. AN ORDINANCE to amend and reordain certain sections of the 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 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.E.T.A. Unobligated Funds #7825 (1) ................. $ 357,557.91 REVENUE C.E.T.A. Drawdowns #7801 (2) ......................... 20,593,284.00 (1) Net increase (A35782572006) ........... $174,257.00 (2) Net increase (R35780101) .............. 174,257.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1978. No. 24280. AN ORDINANCE to amend and reordain certain sections of the 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 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.E.T.A. Unobligated Funds #7825 (1) ................. $ REVENUE 183,300.91 (1) Net increase (A35782572003) ............. $60,783.00 (2) Net increase (R35780101) ................ 60,783.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor C.E.T.A. Drawdowns #7801 (2) ......................... 20,419,027.00 106 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1978. No. 24281. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: Sewage Lateral Replacement #3601 (1) ................... $979,344.06 Highway Construction Fund #3220 (2) .................... 138,191.29 24th Street #3227 (3) .................................. 421,261.79 24th Street Traffic Controller #4611 (4) ............... 52,000.00 (1) Net decrease (A08360190001) ............ $104,601.20 (2) Net decrease (A08322090001) ............ 153,660.59 (3) Net increase (A08322790001) ............ 221,261.79 (4) Net increase (A08461190001) ............ 37,000.00 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 14th day of August, 1978. No. 24282. AN ORDINANCE relating to the improvement of a section of 24th Street, N.W., Highway Project No. U000-128-105, PE-101, RW-201, C-501; Federal Project M-5128(6) and M-5128(110), and certain feeder streets into 24th Street, N. W., and approving a contract to be entered into between the City and the Virginia Department of Highways and Transportation relating thereto; 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 are hereby authorized and directed, for and on behalf of the City to execute and to seal and attest, respectively, that certain written agreement required to be entered into between the City of Roanoke and the Commonwealth of Virginia, Department of Highways and Transportation for the implementation of a project for the improvement of a section of 24th Street, N.W., within the City, designated as Highway Project U000-128-105, PE-101, RW-201, C-501, Federal Project M-5128(6) and M-5128(110), and certain feeder streets into 24th Street, N.W., pursuant to which agreement the City shall agree to participate in the payment of the actual cost of said projects in accordance with the tabulation set out on page two (2) of said agreement, the City's total estimated share of such costs being the sum of $467,304.80, and shall further agree that said City, thereafter will adequately maintain said new streets, that regulatory signs and traffic signals and devices as well as utility poles and facilities thereon shall be subject to approval by said Department, that parking on both sides of said streets will be controlled by signs approved by the Department and that crossovers, traffic lanes, median crossovers and channelization islands in said streets will be maintained as provided in said written agreement, the said agreement to be first approved as to form by the City Attorney. 2. 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 107 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1978. No. 24283. A RESOLUTION requesting the Virginia Department of Highways and Transportation to issue an appropriate change order to a certain construction contract with Wiley N. Jackson Company relatin to construction of the Southwest Expressway and the Ore Branch Sanitary Sewer Interceptor segment to be constructed therewith in order to substitute ductile iron pipe for asbestos-cement pipe in such sewer construction, and agreeing to pay for any additional cost occasioned by such substitution. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Virginia Department of Highways and Transportation be, and it hereby is requested to issue the requisite change order to a certain construction contract with Wiley N. Jackson Company relating to construction of the Southwest Expressway and the Ore Branch Sanitary Sewer Interceptor segment to be constructed therewith in order to substitute ductile iron pipe for asbestos-cement pipe as specified in the bid documents relating to such sewer construction; 2. That the City does hereby agree to pay any additional cost occasioned by the substi- tution of ductile iron pipe for asbestos-cement pipe as specified, such cost being estimated to be the sum of $32,001.80, subject to any credits to the City realized as a result of any savings resulting throughout the entire sewer construction project; and 3. That the City Manager be, and he hereby is authorized and directed to cause an attested copy of this resolution to be forwarded to the Virginia Department of Highways and Transportation. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1978. No. 24285. AN ORDINANCE providing for the purchase of a certain new chemical sprayer upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said sprayer; rejecting a certain 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 Seibel Brothers Incorporated, made to the City, offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, one (1) new Bean chemical sprayer fully meeting all of said City's specifications and requirements made therefor, at the bid price of $6,431.25, be, and said bid is hereby ACCEPTED; 2. That the City 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; the cost of said sprayer, when delivered, to be paid for out of funds appropriate~ for the purpose upon delivery to the City of said sprayer, and upon the City's acceptance of the same, the Director of Finance shall be, and he is hereby authorized and directed to make requi- site payment to said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out; 3. That the other bid received for this equipment be and hereby is REJECTED, the City Clerk is to notify said other bidder and extend the City's appreciation for said bid; 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 108 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1978. No. 24286. AN ORDINANCE authorizing and providing for certain amendments to Ordinance No. 24238, adopted July 10, 1978, providing for the lease by the City of certain ground floor space in the City's Municipal Parking Garage to Roland Macher and Richard Macher, d/b/a Spanky's, Inc.; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Ordinance No. 24238, adopted July 10, 1978, be amended in the following respects, and that the City Manager be, and he is hereby authorized to enter into a written lease agreement pursuant to the terms of Ordinance No. 24238, with the following changes: (a) That the lease be entered into with Roland W. Macher, Shakie L. Macher and Richard H. Macher, d/b/a, Macado's, Inc., rather than as Spanky's, Inc.; (b) That the lease reflect that 4,626.31 feet of space is to be leased rather than 4,892 square feet; (c) That the lease commence on September 1, 1978, rather than August 1, 1978; and (d) That the Lessee be permitted to occupy the leased premises prior to September 1, 1978, for the purposes of renovation, storage, or the like, on the condition that the City receive a per diem rent at the rate of 1/31 of the monthly rental in effect as of September 1, 1978. 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 14th day of August, 1978. No. 24288. 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 the aforesaid purpose, rejecting certain other proposals made therefor; 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 to accept the proposal of Capital Sales & Auction Company, made to the City of Roanoke under date of June 26, 1978, to promote and conduct the auction sale of certain surplus tangible personal property of the City, consisting of various surplus tangible personal property owned by the City; said auctioneer to be compensated by the City in a sum equal to five per cent (5%) of the gross cash amount received by the City at said auction sale for said articles, such employment to be, generally, upon the terms and provisions outlined in the written proposal of said auctioneer made to the City under date of June 26, 1978; 2. That the Bid Committee be authorized and empowered to fix the date and place of the aforesaid auction sale and to make such other arrangements and provisions as are incidental thereto and deemed by the Committee to be necessary; 3. That all sales made at the aforesaid auction shall be final and not subject to confirmation of price by the City Council; 4. That upon effecting sale of the surplus items herein authorized to be sold, or any of them, and upon certification in writing of such facts to the Director of Finance and payment to the City of the high bids made at said auction sale, the City's Manager of Purchasing and Materials Control shall be, and he is hereby expressly authorized and empowered to sign such bills of sale, certificates of title or other documentary transfers of title to the successful bidders at said auction sale as are necessary or requisite and approved as to form by the City Attorney; 1'09 5. That the other proposals made for the aforesaid services be and are hereby REJECTED; the City Clerk to so notify said other bidders and to express the City's appreciation for the submission of the proposals made to the City; and 6. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24271. AN ORDINANCE permanently vacating, discontinuing and closing a certain portion of Wall Street, beginning at the south corner of Lot 95, Ward 5, Map of Roanoke Land & Improvement Co., known as City Official Tax No. 4010318, which is the south corner of Campbell Avenue, and Wall Street, S. E., and running northerly with Wall Street, S. E., a distance of 87.57 ft. with a begin- ning at the South corner, above mentioned, of 0.22 ft. running to the north rear corner of Lot 95, Ward 5, to 0.21 ft., upon certain terms and conditions. WHEREAS, Frederick Elwood Taylor, Jr., et al., Frances Huff Carr, and Katherine Huff Tucker, et vir. have heretofore filed their application to the Council of the City of Roanoke, Virginia, in accordance with the law, requesting the Council to permanently vacate, discontinue and close that certain portion of Wall St., S. E. and WHEREAS, Frederick ~iwood Taylor, Jr., et al., Frances Huff Carr and Katherine Huff Tucker, et vir., did, on May 31, 1978, duly and legally publish a notice of the 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 prayers of the said application and the provisions of Section 15.1-364 of the Code of Virginia (1950), as amended, Council by Resolution No. 24168 dated June 12, 1978, 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 portion of Wall Street, S. E., and WHEREAS, it appears from the written report of the viewers filed with the City Clerk on July 26, 1978, that no inconvenience will result to any individual or to the public from perma- nently vacating, discontinuing and closing said portion of Wall Street, S. E.; and WHEREAS, Council at its meeting on June 12, 1978, by the aforesaid Resolution No. 24168 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 July 5, 1978, recommended that the hereinafter- described street portion be closed; upon the condition that the title to the said property closed shall revert to the City of Roanoke upon demolition, removal, etc., of the building thereon; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on August 14, 1978, 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, from all of the foregoing the Council considers that no inconvenience will result to any individual or the public for permanently vacating, discontinuing and closing said street portion for such time as the building thereon exists, but upon demolition or destruction by other means, title to the said portion to be hereby vacated shall revert to the City of Roanoke. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain portion of Wall Street, S. E., described as follows: That certain portion of Wall Street, S. E., from the South corner of Lot 95, Ward 5, Map of Roanoke Land and Improvement Co., which is also the corner of Campbell Avenue and Wall Street, S. E., running northerly with Wall Street and the east lot line of Lot 95, Ward 5, beginning at a width of 0.22 ft. at the aforementioned southeast corner of Lot 95, Ward 5, and running to 0.21 ft., 87.57 feet overall to the north rear corner of said Lot. 110 be, and it is hereby, permanently vacated, for as long as the building now standing thereon exists, but upon the demolition or condemnation of the building, the title to the same shall automatically revert in fee simple to the City of Roanoke, Virginia, 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 street portion, together with the right of ingress and egress for the maintenance of such lines, mains or utilities. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on 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, and the conditions of title reversion to the City of Roanoke, Virginia. BE IT FURTHER ORDAINED that the provisions of Ordinance shall not become effective until such time as an attested copy of this Ordinance shall have been duly signed, sealed, attested and acknowledged by all parties currently owning any interest in the said property known as City Official Tax No. 4010318, and filed in the Office of the City Clerk. 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 Frederick Elwood Taylor, Jr., et al., Frances Huff Carr and Katherine Huff Tucker, et vir., and Roanoke Fish & Oyster, Inc., and the names of any other parties in intere.~ who may so request, as Grantees. 1978. ACCEPTED and EXECUTED by the undersigned this day of (SEAL) i Frederick Elwood Taylor, Jr., As Attorney- In-Fact for Norma Sharon Taylor Hogan and Kenneth Lee Hogan, her husband; Linda Taylorl Vest and Fred William Vest, her husband; Jean Stewart Taylor; James T. Taylor; Nancy Mackall Lurton and Horace van Lurton, her husband; Christie Mackall Connard and Gerald G. Connard, her husband; Susan Mackall Smythe and Henry B. Smythe, Jr., her husband; and Bruce Mackall Sloan and Toc Sloan, her husband. (SEAL) Frederick Elwood Taylor, Jr. In his own right 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 Frederick Elwood Taylor, Jr., in his own right and as Attorney-In-Fact for the parties mentioned, whose name as such is signed to the foregoing ordinance bearing date the 28th day of August, 1978, has personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1978. My commission expires: Notary Public 1978. ACCEPTED and EXECUTED by the undersigned this day of , Frances Huff Carr (SEAL) 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 Frances Huff Carr, whose name as such is signed to the fo~ ordinance bearing date the 28th day of August, 1978, has persona%ly appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1978. My commission expires: ~going 111 1978. ACCEPTED and EXECUTED by the undersigned this day of Katherine Huff Tucker (SEAL) James T. Tucker (SEAL) STATE OF VIRGINIA CITY OF ROANOKE ) ) To-Wit: ) I, , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that Katherine Huff Tucker and James T. Tucker, her husband, whose names as such are signed to the foregoing ordinance bearing date the 28th day of August, 1978, have personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1978. My commission expires: Notary Public 1978. ACCEPTED and EXECUTED by the undersigned this day of ROANOKE FISH & OYSTER, INC. Assignee of a purchase contract on subject property. by Robert L. Parker, President STATE OF VIRGINIA CITY OF ROANOKE ) ) To-Wit: ) I, , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that Robert L. Parker, President of Roanoke Fish & Oyster, Inc. whose name as such is signed to the foregoing ordinance bearing date the 28th day of August, 1978, has personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1978. My commission expires: Notary Public ATTEST: City Clerk APPROVED Mayor 112 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24272. AN ORDINANCE to amend and reordain Section 8, C-1 Office and Institutional Districts, 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 in the City's Zoning Ordinance that art galleries be added as permitted principal uses and structures within C-I, Office and Institutional Districts. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 8, C-1 Office and Institutional Districts, 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 amended, by an addition to the subheading entitled "Permitted principal uses and structures", and reordained to read and provide as follows: Section 8. Crl Office and Institutional Districts. Permitted principal uses and structures: 9. Art galleries. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24273. AN ORDINANCE to amend and reordain Section 1, Purpose, and Section 2, Applicability of regulations, of Chapter 2.1, Land Subdivision Regulations, of Title XVI, Planning and Subdivisions, of the Code of the City of Roanoke (1956), as amended, so as to reduce the area within which the City of Roanoke Subdivision Ordinance has extraterritorial effect to that area reflected on the map entitled, City of Roanoke - Subdivision Jurisdiction, dated October 10, 1977, on file in the Office of the City Clerk. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 1, Purpose, and Section 2, Applicability of regulations, of Chapter 2.1, Land Subdivision Regulations, of Title XVI, Planning and Subdivisions, of the Code of the City of Roanoke (1956), as amended, be, and said sections are hereby amended and reordained so as to read and provide as follows: Section 1. Purpose. The purpose of this Chapter is to establish certain standards and minimum requirements and to prescribe procedures to assure the orderly subdivision and development of land within the corporate limits of the City and certain land outside the corporate limits of the City described in Sec. 2 of this Chapter as provided for in Section 15.1-467, Code of Virginia (1950), as amended, and the Charter of the City of Roanoke. Section 2. Applicability of regulations. (a) No person shall divide or subdivide, or cause a subdivision to be made, by deed or map, of any tract of land located within the cor- porate limits of the City as the same may, from time to time, be established according to law or within the area of Roanoke County inside the green line on the map, entitled City of Roanoke - Subdivision Jurisdiction, dated October 10, 1977, on file in the Office of the City Clerk, provided that the provisions of this Chapter shall not be applicable within the corporate limits of any other municipality. In those areas of Roanoke County to which this Chapter has application, the administration and enforce- ment of this Chapter insofar as it pertains to public improvements as authorized in Section 15.1-466, Code of Virginia (1950), as amended, shall be vested in the governing body of the political subdivision in which the improvements are or are to be located. Ail other provisions of this Chapter shall apply to all territory, both within and without the City, to which this Chapter has application. 113 (b) Where a single lot or parcel of land is proposed to be divided into not more than two parcels, any one or more of the requirements of this Chapter may be waived in writing by the agent responsible for the administration and the enforcement of the regulations contained in this Chapter, provided that such division (1) conforms in area and street frontage to the regulations and requirements of the zoning district regulations of the governmental entity wherein the land lies, (2) does not involve any new public street, road, or easement of access, (3) does not offer opportunity to obstruct any natural drainage or planned major highway, (4) does not adversely affect any part of any adopted plan, and (5) does not in any way violate the intent of this Chapter or any applicable zoning ordinance. In any case, however, upon application made and for good cause shown, the agent responsible for the administration and enforcement of the regulations contained in this Chapter in the City, may waive, further, not more than one per cent of the minimum requirements relating to area and street frontage. (c) Whenever the owner or developer of any tract of land located within the territory to which this Chapter applies desires to subdivide the same, he shall submit a plat of the proposed subdivision with reference to known or permanent monuments to the Agent and the City Engineer in accordance with the requirements of this Chapter. No owner or developer shall subdivide land without making and recording a plat of such subdivision in the Office of the Clerk of the appropriate Circuit Court, and no such plat of any subdivision shall be recorded unless and until it shall have been submitted to and approved by the Agent and the City Engineer in accordance with the regulations set forth in this Chapter. (d) No land shall be subdivided for residential use if the planning commission in the exercise of its considered judgment, after hearing all proper evidence and after referral to the county planning commission if the land to be subdivided lies wholly or in part within the county, deems such land unsuitable for such purpose. (e) This Chapter bears no relation to any private easement, covenant, agreement or restriction and the responsibility of enforcing such private easement, covenant, agreement, or restriction is not implied to any public official. Whenever this Chapter calls for more restrictive standards than those required by private contract, the provisions of this Chapter shall control. 2. The City Clerk is directed to forward attested copies of this ordinance and the map incorporated by reference in this ordinance to the Board of Supervisors of Roanoke County, the Roanoke County Planning Commission, the City of Roanoke Planning Commission, and the Clerk of the Circuit Court of Roanoke County, and the Clerk of the Circuit Court of the City of Roanoke. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24284. AN ORDINANCE authorizing the sale and conveyance of the City's former Signal Shop property, located at 2917 Williamson Road, N. W., Official No. 3100922, 6pon 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 the City's former Signal Shop property, located at 2917 Williamson Road, N. W., being a lot 88 feet wide and 385 feet long, more or less, located on the easterly side of William- son Road, N. W., 180 feet south of Fugate Road, N. W., and bearing Official Tax No. 3100922, for a consideration of $28,500.00 to Eugene B. Knighton, said deed to be approved as to form by the City Attorney and to contain certain restrictions to be covenants running with the 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. ATTEST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24287. AN ORDINANCE authorizing conveyance of certain City property consisting of the residue of Lots 4 and 5, Block 22, Map of Belmont Land Company, for a consideration of $910.00; 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 that certain City property consisting of the residue of Lots 4 and 5, Block 22, Map of Belmont Land Company, bearing Official Nos. 4013603 and 4013604, for a consideration of $910.00, to the Roanoke International Church of the Foursquare Gospel (Evangel Foursquare Church), said deed to be approved by the City Attorney with all costs of such transfer of title to be at the expense of the purchaser, 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 28th day of August, 1978. No. 24289. AN ORDINANCE granting revocable, non-transferable nermission to George Hale, Jr., to pursue the home occupation of repairing televisions and radios upon premises located at 827 Madison Avenue, N. W., known as Official Tax No. 2120920, 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 George Hale, Jr., occupant of the premises located at 827 Madison Avenue, N. W., known as Official Tax No. 2120920, to temporarily pursue and carry out the home occupation of repairing televisions and radios upon the above- described premises, such pursuit to be governed strictly by the provisions of Subsection 17, Home occupation, of Section 79.1, of Article XVI, of Chapter 4.1, Title XV, relating to Zoning, of the Code of the City of Roanoke (1956), as amended, and in particular that it: (a) Be limited to 25% of the floor area of the dwelling unit; and be limited to the basement or garage of the above-described premises; (b) That the use of the dwelling unit for the home occu- pation shall be clearly incidental and subordinate to its use for residential purposes; (c) That it involve no employees of the named permittee; (d) That it be limited to normal daylight hours, (e) That it involve no advertising signs on or off the premises; and (f) That it involve no wholesale or retail sales from or upon the premises; the permit herein granted to be non-transferable and revocable at the will of the City Council, it to be agreed by said permittee as evidenced by his execution of an attested copy of this ordinance, that said permittee expressly consents hereto and agrees, in consideration of the permit herein temporarily granted, that neither he nor his heirs, successors or assigns shall, by the pursuit of the activity herein authorized, establish a right in his premises to carry on such activity as a non-conforming use under the City's aforesaid zoning regulation, and that, upon notice of revocation of the within permit, mailed to said permittee or posted on the afore- said premises, said permittee shall, within sixty (60) days from the date of mailing or of posting such notice, cease said pursuit or calling on such premises. (2) That the provisions of this ordinance shall not become effective until such time as an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by said permittee, and filed in the Office of the City Clerk. 115 ACCEPTED AND EXECUTED by the undersigned this __ day of , 1978. George Hale, Jr. (SEAL) STATE OF VIRGINIA ) ) CITY OF ROANOKE ) To-wit: I, , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that George Hale, Jr., whose name as such is signed to the foregoing ordinance bearing date the__day of , 1978, has personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1978. My Cormnission expires: ATTEST: City Clerk Notary Public APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24290. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Combined Federal School Programs (A01190175001) (1)..$1,684,556.00 REVENUE State & Federal Programs (R01191001) (2) ............ $1,684,556.00 (1) Net increase ......... $848,893.00 (2) Net increase ........ $848,893.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor 116 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24291. AN ORDINANCE authorizing the City Manager to execute State-Local Hospitalization Plan Agreements with the State Department of Welfare and certain hospitals to provide for in-patient and out-patient care and treatment for certain indigent citizens at certain rates, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager is hereby authorized and designated for and on behalf of the City to enter State-Local Hospitalization Plan Agreements with the State Department of Welfare and the following hospitals at the following rates to provide for out-patient and in-patient care and treatment of indigent citizens of this City upon certain terms and conditions and upon forms approved by the City Attorney: Out-Patient In-Patient Burrell Memorial Community Gill Memorial Lewis-Gale Medical College of Virginia Roanoke City Health Department Roanoke Memorial Roanoke Memorial Rehab. University of Virginia $ 12.00 $ 130.35 $ 12.00 $ 110.71 $ -0- $ 130.35 $ -0- $ 108.65 $ 12.00 $ 153.20 $ 12.00 $ -0- $ 12.00 $ 129.50 $ 12.00 $ 129.50 $ 12.00 $ 153.20. 2. That the terms of such agreements shall commence retroactively as of July 1, 1978, and expire June 30, 1979; and 3. That, in order to provide for the usual daily operation of the municipal government and the health and safety of the public, an emergency is deemed to exist, and this ordinance shall be effective upon its passage and shall be retroactive in its effect to July 1, 1978. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24292. AN ORDINANCE authorizing the Mayor or his representative to execute the Delegation Agreement of the Roanoke Consortium for Manpower Services on behalf of the City for Fiscal Year 1979 Comprehensive Employment Training Act (CETA) funding, 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 Mayor of the City, or his representative, be, and is hereby authorized to execute, on behalf of the City, the Delegation Agreement of the Roanoke Consortium for Manpower Services relating to Fiscal Year 1979 Comprehensive Employment Training Act (CETA) funding, as more particularly described in the report of the City Manager dated August 28, 1978; such agreement to be upon form 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 force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor 117 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24293. AN ORDINANCE to amend and reordain certain sections of the Grant Programs 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 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.E.T.A. Unobligated Funds Title II (1) .............................. $ 65,913.03 REVENUE C.E.T.A. Drawdowns (2) ....................... 20,484,027.00 (1) Net increase (A35782572002) (2) Net increase (R35780101) $65,000.00 65,000.00 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 August, 1978. No. 24294. A RESOLUTION authorizing the City Manager, for and on behalf of the City of Roanoke, to make application to the Department of Highways and Transportation of the Commonwealth of Virginia for a grant of regional transportation special revenues, budget item (Commonwealth of Virginia) 621-a, in the amount of $50,000 ($25,000 for fiscal year 1978-79, and $25,000 for fiscal year 1979-80), to defray the administrative expenses of the Greater Roanoke Transit Company, and to accept from the Virginia Department of Highways and Transportation grants in such amount as may be awarded; and authorizing the City Manager to furnish to the Virginia Department of Highways and Transportation such documents and other information as may be required for processing the grant application. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager of the City of Roanoke is authorized, for and on behalf of the City of Roanoke, to make application to the Virginia Department of Highways and Transportation for a grant of regional transportation special revenues, budget item (Commonwealth of Virginia) 621-a (House Bill 30, Acts 1978 - Chapter 850) in the.amount of $50,000 ($25,000 for'fiscal year 1978-79, and $25,000 for fiscal year 1979-80), to defray the administrative expenses of the Greater Roanoke Transit Company, and to accept from the Virginia Department of Highways and Trans- portation grants in such amount as may be awarded; and said City Manager is hereby further authorized to furnish to the Virginia Department of Highways and Transportation such documents and other information as may be required for processing the grant application; and 2. That the Council of the City of Roanoke certifies that the funds shall be used in accordance with the requirements of the Appropriation Act of 1978, that the City of Roanoke will provide to the Greater Roanoke Transit Company matching funds in a one to one ratio as required in such Act; that disbursements shall be made on a quarterly basis as required in the Act; that the record of receipts and expenditure of funds granted the City of Roanoke as authorized in the Acts of the General Assembly (appropriation item 621-a) shall 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 of Roanoke for defraying the expenses of administration of Greater Roanoke Transit 118 Company shall be deposited in the City Treasury and maintained in a special account and shall be used only for such purposes as authorized in the Acts of the General Assembly. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24296. AN ORDINANCE approving issuance of Change Order No. 1 to the City's contract with J. P. Turner and Brothers, Inc., for construction of the Windsor-Edgewood Storm Drain, to provide for an extension of the contract time for completion of the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That said Council approves the issuance of and execution by the City Manager, for and on behalf of the City of Roanoke, of Change Order No. 1 to the City's contract with J. P. Turner and Brothers, Inc., for construction of the Windsor-Edgewood Storm Drain within the City, so as to provide for an extension of the contract time of nineteen (19) calendar days from and after June 3, 1978; and 2. That for the usual daily operation of the municipal government an emergency is deemed to exist and that 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 August, 1978. No. 24299. AN ORDINANCE to amend and reordain Section 4, Hand vehicles; driving on sidewalks; skating, etc., of Chapter 2, Public Sidewalks in General, of Title XVII, Streets, Sidewalks and Sewers, of the Code of the City of Roanoke (1956), as amended, to permit persons fourteen years of age and younger to use sidewalks for certain activities, except bicycling; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 4, Hand vehicles; driving on sidewalks; skating, etc., of Chapter 2, Public Sidewalks in General, of Title XVII, Streets, Sidewalks and Sewers, of the Code of the City of Roanoke (1956), as amended, be, and said section is hereby amended and reordained so as to read and provide as follows: Sec. 4. Use of sidewalks. (a) No person shall ride, push, or pull on any sidewalk, any wheelbarrow, handbarrow, handcart, hand- carriage, or other carriage or vehicle, whatever, ex- cept in passing directly across such sidewalk for the purpose of delivering goods or other articles, provided that this subsection shall not prohibit the use of car- riages or wheelchairs used to carry infants or invalids on the sidewalks. (b) No person shall drive any vehicle on or across any sidewalk except upon regular sidewalk crossovers con- structed pursuant to Section 3 of this chapter. (c) No person shall use any sidewalk for bi- cycling, including the use of bicycles equipped with training wheels. (d) No person fifteen years of age or older shall use any sidewalk for roller skating, ice skating, sleigh- ing, or playing or riding upon any other similar toy or device on wheels or runners. (e) Any person violating any of the provisions of this section shall be punished by a fine of not more than one 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 August, 1978. No. 24300. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS REVENUE Libraries f~1585 Materials and Supplies (1) ........................... $189,271.00 Capital Outlay (2) ................................... 1,880.00 Grants-in-Aid Commonwealth #0600 Library (3) .......................................... $ 70,863.00 Grants-in-Aid Federal Government #0700 Federal Aid to Libraries ............................. $ 7,538.00 (1) Net increase (A01158530047) ....... $26,971.00 (2) Net increase (A01158590020) ....... 1,430.00 (3) Net increase (R01066401) .......... 20,863.00 (4) Net increase (R01072401) .......... 7,538.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 119 120 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24301. A RESOLUTION authorizing the City Manager to accept certain grants-in-aid for libraries approved by the State Library Board and to execute the requisite documents to enable the City to receive such grants-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 certain grants-in-aid for libraries in the. total amount of $28,401.00 approved by the State Library Board, and to execute a certain document entitled "Authorization of Expenditures of State and Federal Aid Funds 1978-79", to enable the City to receive such grants-in-aid. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24302. AN ORDINANCE providing for the purchase of three (3) window van trucks upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said equipment; rejecting other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Magic City Ford, made to the City, offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, three (3) new eight-passenger window van trucks, fully meeting all of said City's specifications and requirements made therefor, at the bid price of $8,335.00, each, for a total purchase price of $25,005.00, be, and said bid is hereby ACCEPTED; and 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 aforesaid specifications, the terms of said bidder's proposal and the terms and provisions of this ordinance; the cost of said equipment, when delivered, to be paid for out of funds heretofore appropriated for the purpose; and 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 said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out; 2. That the other bids made to the City for the supply of the aforesaid automotive equipment be, and said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids; 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 121 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24303. AN ORDINANCE providing for the purchase of two new industrial mowing tractors upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said tractors; rejecting certain 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 Mountcastle Ford Tractor Sales, Inc., made to the City, offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, two (2) new industrial tractors fully meeting all of said City's specifications and requirements made therefor, at the total bid price of $13,640.00, including trade-in allowance as indicated in bid specifications 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 therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this ordinance; the cost of said tractors, when delivered, shall be paid for out of funds appropriated for the purpose upon delivery to the City of said tractors, 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 said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out; 3. That the other bids received for this equipment be and hereby are REJECTED, the City Clerk is to notify said other bidders and extend the City's appreciation for 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 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 August, 1978. No. 24304. AN ORDINANCE accepting a certain proposal made to the City for providing professional services relating to a review, study and analysis of the City's sewer and water rate structure, upon certain terms and conditions; rejecting other proposals made therefor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of Alvord, Burdick & Howson to provide certain professional services to perform a review, study and analysis of the City's sewer and water rate structure and to make recommendations relating thereto in full accordance with the City's specifications and requirements relating thereto and with said proposal on or before October 31, 1978, for a lump sum of $12,000.00, cash, for all said work, upon completion thereof, be, and said proposal is hereby ACCEPTED; 2. That the other proposals made to the City for said review, study and analysis be, and the said other proposals are hereby REJECTED; the City Clerk to so notify said other firms and to express to each the City's appreciation of said proposals; 3. That the City Manager and the City Clerk be, and they are hereby authorized and directed to enter into a written agreement on behalf of the City with Alvord, Burdick & Howson for the provision of the professional services mentioned and described in paragraph 1, above, said agreement to have incorporated therein the City's requirements and specifications for the services authorized to be provided, the terms and conditions of the proposal made to the City, and the provisions of this ordinance; and upon completion of said work the Director of Finance shall be, and is hereby authorized to make payment to said firm in accordance with the provisions of this ordinance and said agreement, charging said payments to the appropriations heretofore or hereafter made by the City for said services; 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: I! i2'2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24307. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: Operating Expenses #2003 Maintenance (1) ..................................... $1,029,173.56 Interfund Services (2) .............................. 456,985.00 (1) Net increase (A03200325593) (2) Net decrease (A03200340093) .$27,000.00 27,000.00 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 August, 1978. No. 24308. AN ORDINANCE accepting a bid made for cleaning and painting at the City's sewage treatment plant, authorizing the proper City officials to execute the requisite contract therefor, rejecting a certain other bid made therefor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of W. J. Blane, Contractor, for furnishing all labor, tools, equipment and materials necessary for cleaning and painting at the City's sewage treatment plant for a lump sum not to exceed $26,029.00, be and said bid is hereby ACCEPTED; 2. That the City Manager be and he is hereby authorized and directed, for and on behalf of the City, to execute 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 appropriated by the Council for the purpose; 3. That the other bid made to the City for such work be and said bid is hereby REJECTED; the City Clerk to so notify said other bidder and to express to said bidder the City's appreciation for the bid; 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 123 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24309. AN ORDINANCE to adopt and provide a new Pay Plan Roanoke effective October 11, 1978; amending and modifying herein provided; and providing for an emergency. for the employees of the City of Ordinance No. 24159 to the extent BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That there be and is hereby adopted by the Council and made applicable to all City employees on the City's payroll as of October 4, 1978, retroactive to the first day of July, 1978, and to such of them and others who are hereinafter provided for in this ordinance, the Pay Plan hereinafter set out as Schedule 1, which shall read and provide as follows: PAY PLAN SCHEDULE I FOR CITY OF ROANOKE EMPLOYEES RANGE A B C D E F 10 11 12 13 14 15 A B H A B H A B H A B H A B H A B H A B H A B H A B H A B H A B H A B H A B H A B H A B 5512.00 212.00 2.650 5785.00 222.50 2.781 6071.00 233.50 2.919 6370.00 245.00 3.062 6682.00 257.00 3.212 7033.00 270.50 3.381 7397.00 284.50 3.556 7787.00 299.50 3.744 8177.00 314.50 3.931 8593.00 330.50 4.131 9035.00 347.50 4.344 9503.00 365.50 4.569 9971.00 383.50 4.793 10478.00 403.00 5.038 11011.00 423.50 5.294 5785.00 222.50 2.781 6071.00 233.50 2.919 6370.00 245.00 3.062 6682.00 257.00 3.212 7033.00 270.50 3.381 7397.00 284.50 3.556 7787.00 299.50 3.744 8177.00 314.50 3.931 8593.00 330.50 4.131 9035.00 347.50 4.344 9503.00 365.50 4.569 9971.00 383.50 4.793 10478.00 403.00 5.038 11011.00 423.50 5.294 11544.00 444.00 5.550 6071.00 233.50 2.919 6370.00 245.00 3.062 6682.00 257.00 3.212 7033.00 270.50 3.381 7397.00 284.50 3.556 7787.00 299.50 3.744 8177.00 314.50 3.931 8593.00 330.50 4.131 9035.00 347.50 4.344 9503.00 365.50 4.569 9971.00 383.50 4.793 10478.00 403.00 5.038 11011.00 423.50 5.294 11544.00 444.00 5.550 12116.00 466.00 5.825 6370.00 245.00 3.062 6682.00 257.00 3.212 7033.00 270.50 3.381 7397.00 284.50 3.556 7787.00 299.50 3.744 8177.00 314.50 3.931 8593.00 330.50 4.131 9035.00 347.50 4.344 9503.00 365.50 4.569 9971.00 383.50 4.793 10478.00 403.00 5.038 11011.00 423.50 5.294 11544.00 444.00 5.550 12116.00 466.00 5.825 12714.00 489.00 6.113 6682.00 257.00 3.212 7033.00 270.50 3.381 7397.00 284.50 3.556 7787.00 299.50 3.744 8177.00 314.50 3.931 8593.00 330.50 4.131 9035.00 347.50 4.344 9503.00 365.50 4.569 9971.00 383.50 4.793 10478.00 403.00 5.038 11011.00 423.50 5.294 11544.00 444.00 5.550 12116.00 466.00 5.825 12714.00 489.00 6.113 13351.00 513.50 6.419 7033.00 270.50 3.381 7397.00 284.50 3.556 7787.00 299.50 3.744 8177.00 314.50 3.931 8593.00 330.50 4.131 9035.00 347.50 4.344 9503.00 365.50 4.569 9971.00 383.50 4.793 10478.00 403.00 5.038 11011.00 423.50 5.294 11544.00 444.00 5.550 12116.00 466.00 5.825 12714.00 489.00 6.113 13351.00 513.50 6.419 14027.00 539.50 6.744 124 RANGE A B C D E F 16 A 11544.00 12116.00 12714.00 13351.00 14027.00 14716.00 B 444.00 466.00 489.00 513.50 539.50 566.00 H 5.550 5.825 6.113 6.419 6.744 7.075 17 A 12116.00 12714.00 13351.00 14027.00 14716.00 15431.00 B 466.00 489.00 513.50 539.50 566.00 593.50 H 5.825 6.113 6.419 6.744 7.075 7.419 18 A 12714.00 13351.00 14027.00 14716.00 15431.00 16224.00 B 489.00 513.50 539.50 566.00 593.50 624.00 H 6.113 6.419 6.744 7.075 7.419 7.800 19 A 13351.00 14027.00 14716.00 15431.00 16224.00 17056.00 B 513.50 539.50 566.00 593.50 624.00 656.00 20 A 14027.00 14716.00 15431.00 16224.00 17056.00 17901.00 B 539.50 566.00 593.50 624.00 656.00 688.50 21 A 14716.00 15431.00 16224.00 17056.00 17901.00 18798.00 B 566.00 593.50 624.00 656.00 688.50 723.00 22 A 15431.00 16224.00 17056.00 17901.00 18798.00 19734.00 B 593.50 624.00 656.00 688.50 723.00 759.00 23 A 16224.00 17056.00 17901.00 18798.00 19734.00 20709.00 B 624.00 656.00 688.50 723.00 759.00 796.50 24 A 17056.00 17901.00 18798.00 19734.00 20709.00 21762.00 B 656.00 688.50 723.00 759.00 796.50 837.00 25 A 17901.00 18798.00 19734.00 20709.00 21762.00 22828.00 B 688.50 723.00 759.00 796.50 837.00 878.00 26 A 18798.00 19734.00 20709.00 21762.00 22828.00 23985.00 B 723.00 759.00 796.50 837.00 878.00 922.50 27 A 19734.00 20709.00 21762.00 22828.00 23985.00 25168.00 B 759.00 796.50 837.00 878.00 922.50 968.00 28 A 20709.00 21762.00 22828.00 23985.00 25168.00 26429.00 B 796.50 837.00 878.00 922.50 968.00 1016.00 29 A 21762.00 22828.00 23985.00 25168.00 26429.00 27742.00 B 837.00 878.00 922.50 968.00 1016.00 1067.00 30 A 22828.00 23985.00 25168.00 26429.00 27742.00 29133.00 B 878.00 922.50 968.00 1016.00 1067.00 1120.50 31 A 23985.00 25168.00 26429.00 27742.00 29133.00 30602.00 B 922.50 968.00 1016.00 1067.00 1120.50 1177.00 32 A 25168.00 26429.00 27742.00 29133.00 30602.00 32136.00 B 968.00 1016.00 1067.00 1120.50 1177.00 1236.00 33 A 26429.00 27742.00 29133.00 30602.00 32136.00 33735.00 B 1016.00 1067.00 1120.50 1177.00 1236.00 1297.50 34 A 27742.00 29133.00 30602.00 32136.00 33735.00 35438.00 B 1067.00 1120.50 1177.00 1236.00 1297.50 1363.00 35 A 29133.00 30602.00 32136.00 33735.00 35438.00 37219.00 B 1120.50 1177.00 1236.00 1297.50 1363.00 1431.50 36 A 30602.00 32136.00 33735.00 35438.00 37219.00 39065.00 B 1177.00 1236.00 1297.50 1363.00 1431.50 1502.50 37 A 32136.00 33735.00 35438.00 37219.00 39065.00 41015.00 B 1236.00 1297.50 1363.00 1431.50 1502.50 1577.50 38 A 33735.00 35438.00 37219.00 39065.00 41015.00 43069.00 B 1297.50 1363.00 1431.50 1502.50 1577.50 1656.50 Provided, however, any adjustments required to be made on account of compensation heretofore received by any employee because of the retroactive nature of this pay plan shall apply to base pay only. 2. That Ordinance No. 24159, heretofore adopted on May 31, 1978, insofar as it established a Pay Plan for the employees of the City be and said ordinance is hereby amended and modified to the extent herein provided, on and after October 11, 1978; 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 on and after October 11, 1978. APPROVED ATTEST: 125 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24310. A RESOLUTION generally concurring in the recommendations of the City Manager relating to a classification plan for employees of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that the recommendations of the City Manager contained in a certain report dated August 14, 1978, relating to a certain classi- fication plan for employees of the City of Roanoke submitted by the Personnel and Employment Practices Commission on July 10, 1978, be and said recommendations and classification plan, as modified thereby, hereby are generally concurred in by this Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24311. AN ORDINANCE amending and reordaining Chapter 8.1, The Director of Finance, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, by adding a new section numbered 6, authorizing the Director of Finance to waive interest or penalties on certain receivable~ of the City, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Chapter 8.1, The Director of Finance, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, be and said Chapter is hereby amended by the addition of a new section numbered 6 providing as follows: Sec. 6. Authority of Director of Finance to waive certain interest, penalties~ etc. The Director of Finance, when in his discre- tion it is just and proper, may accept interest or penalty payments at a rate less than that prescribed by this Code or may waive such interest or penalty payments for failure to pay in a timely fashion any of the following obligations: (1) assessments against owners of abutting property for public improvements, (2) charges levied against landowners for failure to remove noxious weeds or for removal of buildings, walls, or other structures which might endanger the public health and safety, or (3) City taxes. 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 August, 1978. No. 24313. A RESOLUTION designating a voting delegate for and on behalf of the City of Roanoke to the Annual Meeting of the Virginia Municipal League and an alternate voting delegate to act in the absence of the voting delegate. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Mayor Noel C. Taylor is hereby designated by this Council as voting delegate for and on behalf of the City of Roanoke to the Business Session of the Annual Meeting of the Virginia Municipal League to be held in Norfolk, Virginia, on September 17, 1978; 2. That, in the absence of the foregoing designated voting delegate, Mrs. Elizabeth T. Bowles is hereby designated by this Council to vote for and on behalf of the City of Roanoke at such Business Session; and 3. That the Mayor be, and he hereby is, authorized to certify to the Virginia Municipal League on forms provided by the League this Council's designation of voting delegate and alternate voting delegate as set forth in this resolution. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1978. No. 24314. A RESOLUTION establishing a Steering Committee for the Downtown Revitalization Study, designating the members of such Committee, and authorizing the Steering Committee to designate forty citizens to constitute a Citizens' Workshop. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council hereby establishes a Steering Committee consisting of ~hirteen persons to act as its representative and the decision-making body for the Downtown Revitalization Study which has previously been approved by this Council; 2. That the following persons are hereby designated as members of the Steering Committee created pursuant to this resolution: James B. Gurley George B. Cartledge, Sr. Warner N. Dalhouse John P. Fishwick Anne B. Hammersley John W. Hancock, Jr. Sigmund E. Davidson William C. Stott, Jr. Nicholas F. Taubman Michael M. Waldvogel Sonja B. Showalter L. H. Hamlar Ex officio: H. B. Ewert J. Wayne Poucher Jack D. Smith Russell R. Henley S. Lewis Lionberger 3. That Council hereby establishes a Citizens' Workshop consisting of no more than forty citizens of the City of Roanoke, who shall be representative of the City and who shall participate with the architect in a series of five design seminars, and the Steering Committee is hereby authorized to designate the membership of such Citizens' Workshop. APPROVED ATTEST: City Clerk Mayor 127 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1978. No. 24295. AN ORDINANCE authorizing the lease of a 1.56 acre parcel of City land, lying adjacent to the Sewage Treatment Plant, to the Virginia National Guard upon certain terms and conditions, and authorizing and directing the City Manager to execute a written lease on behalf of the City. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of the Virginia National Guard for the lease of a 1.56 acre parcel of land, lying adjacent to the Sewage Treatment Plant, for the nominal consideration of $1.00 per year, and for a term of five (5) years with the City having the right to terminate such lease upon six-month notice, such lease to continue on a month-to-month basis after the initial five-year term with either party having the right to terminate upon a written notice of thirty (30) days; 2. That the City Manager be and he is hereby authorized and directed, for and on behalf of the City, to execute a written lease of the aforesaid land to the said offeror, such lease to be upon form prepared and approved by the City Attorney, and containing such other terms and conditions as the City Attorney may impose for the protection of the City. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1978. No. 24297. AN ORDINANCE authorizing and directing the proper City officials to execute and deliver deeds of easement to the Appalachian Power Company to erect and maintain electric lines or guy wires and anchors on three parcels of land owned by the City. BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby authorized and directed for and on behalf of the City, to execute and deliver deeds of easement or indentures to the Appalachian Power Company, conveying unto said Company rights-of-way, and easements, with the right, privilege and authority to said Company, its successors and assigns, to construct, erect, operate and maintain (1) electric lines to transmit electric power to Patrick Henry High School Vocational-Technical Center through land owned by the City, the location of such lines being shown on Appalachian Power Company's Drawing No. R-1178, dated July 5, 1978, entitled "Proposed Right of Way on Property of Patrick Henry High School"; (2) guy wires and anchors for a pole near Fire Station No. 9, the location of such being shown on Appalachian Power Company's Drawing No. R-1288, dated July 10, 1978, entitled "Proposed Guys on City of Roanoke Property at 24th Street and Melrose Avenue, N. W.", and (3) anchors, guy wires and fixtures at the Public Works Service Center, the location of such being shown on Appalachian Power Company's Drawings No. R-1292A and B, dated August 7, 1978, entitled "Proposed Right of Way on Property of City of Roanoke, Virginia", copies of which drawings are on file in the Office of the City Clerk; the foregoing rights-of-way being granted by the City for the nominal consideration of $1.00, each; all after the deeds of easement have been approved as to form by the City Attorney. APPROVED ATTEST: City Clerk Mayor 128 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1978. No. 24298. AN ORDINANCE authorizing and directing the City's execution of an agreement with Eastern Air Lines, Inc., providing for the extension of the April 1, 1975, Airport Use Agreement between the City and the aforesaid Corporation for a new term of April 1, 1978 to March 31, 1981, and the amendment of certain of the terms of the aforesaid agreement. 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 written agreement with Eastern Air Lines, Inc. modifying the agreement to provide for a new term of April 1, 1978, to March 31, 1981, and new fees as follows: Activity fee: $0.204 per 1000 lbs. of the certificated gross aircraft landing weight for the first 6,610 - 1000-lb. units landed at the Airport during each cal- endar month, and $0.184 per 1000 lbs. of the certificated gross aircraft landing weight for all 1000-lb. units landed per calendar month in excess of 6,610 - 1000-lb. units. Air conditioned space - Old Terminal Building: Baggage Claim space: Departure Room space: 6.06/sq.ft./yr. 6.95/sq.ft./yr. 7.29/sq.ft./yr. 2. That the agreement authorized by this ordinance shall be in a form approved by the City Attorney. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1978. No. 24305. AN ORDINANCE authorizing and providing for an agreement extending the term of the lease by the City of the former Marine Corps facility site to Opportunities Industrialization Center (OIC); 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 written agreement on behalf of the City with Opportunities Industrialization Center (OIC), extending until October 1, 1978 the terms of the lease to said organization of the former Marine Corps facility; 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 129 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1978. No. 24306. AN ORDINANCE authorizing and providing for the lease by the City of the vacant lot on Rorer Avenue, S. W., identified as Official Tax No. 1112405, to Frank Meador Buick, 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 Frank Meador Buick, leasing to said organization the vacant lot on Rorer Avenue, S. W., which previously contained a structure housing the City's Detention Home and which is identified as Official Tax No. 1112405, for a term of one (1) year at a rental rate of Sixty-four Dollars ($64.00) per month for use as a parking lot, and upon certain other terms and conditions more particularly set forth in the report of the City Manager dated August 28, 1978; 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 5th day of September, 1978. No. 24312. AN ORDINANCE amending Chapter 3, Utility service tax, Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, by the addition of a new section to provide that the tax imoosed and levied by the City upon purchasers of utility services on and after October 1, 1978, shall be fifteen per cent of the charge made by the seller against the purchaser with respect to each utility service. BE IT ORDAINED by the Council of the City of Roanoke that Chapter 3, Utility service tax, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, be and said chapter is amended by the addition of a new section, to be numbered 2.3, to read and provide as follows: Sec. 2.3. Amount of tax on and after October 1, 1978. On and after October 1, 1978, the tax provided by Section 2 of this chapter to be imposed and levied by the City upon each and every purchaser of a utility ser- vice as defined and provided for in this chapter shall be imposed and levied in an amount equal to fifteen per cent of the bill rendered by the seller to the purchaser with respect to each utility service, to be collected and paid as provided in this chapter. APPROVED ATTEST: City Clerk Mayor 130 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1978. No. 24315. A RESOLUTION requesting that the State Department of Corrections advise as to the purpose of Community Youth Home, a State facility, and that the facility be removed unless it is a community corrections effort and citizen approval of the facility is obtained. WHEREAS, the Community Youth Home, 1314 Second Street, Roanoke, Virginia is a correctional~ facility under the control of the Department of Corrections of the Commonwealth of Virginia; WHEREAS, operation of this facility is deemed by residents most closely affected by such facility not to be in their best interest; and WHEREAS, absence of citizen approval of and participation in the operation of such facility calls into question whether the facility operates merely as an annex of a larger confinemen center or is intended as a community participation project; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Department of Corrections of the Commonwealth of Virginia is requested to advise this Council as to the specific purpose of the Community Youth Home and similar facilities; 2. That, if the response indicates the facility to be an effort in community corrections, the Council requests that the Department obtain citizen approval of and participation in the operation by February 28, 1979, or if citizen approval is not obtained or the purpose of the facility is not a community corrections effort, then the Department is requested to take immediate action to move this facility from the City of Roanoke on the basis that it is a confinement operation not in keeping with the character of our residential areas, such relocation to occur on or before February 28, 1979; and 3. That the City Clerk is directed to transmit copies of this resolution to the Honorable John N. Dalton, Governor of Virginia, Honorable H. Selwyn Smith, Secretary of Public Safety, Mr. Terrell Don Hutto, Director of the Department of Corrections, and to all of the City's representatives in the General Assembly of Virginia. ATTEST: City Clerk AP~PROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1978. No. 24316. AN ORDINANCE to amend and reordain certain sections of the 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 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Police Management Information System 78-A4460 (1, 2, 3, & 4) .......................................... $90,002.00 REVENUE Police Management Information System 78-A4460 (5 & 6) ................................................. 90,002.00 (1) Net increase (A35742510002) (2) Net increase (A35742520010) (3) Net increase (A35742520030) (4) Net increase (A35742523005) (5) Net increase (R35742521) (6) Net increase (R35742531) ...... $29,140.00 950.00 55,412.00 4,500.00 85,501.00 4,501.00 131 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 September, 1978. No. 24317. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds to provide a computerized police management information system for the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That H. B. Ewert, City Manager, be and he is hereby authorized to accept, execute and file the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for Action Grant No. 78-A4460 for Federal funds in the amount of $85,501.00, through said Division, to be used along with certain other local funds in the amount of $4,501.00, to provid a computerized police management system for the police department of the City of Roanoke, estimated to cost $90,002.00; and 2. That the City Manager or his successor in office is further directed to furnish such additional information as may be required by the Division of Justice and Crime Prevention in connection with the City's aforesaid acceptance of said grant or with said project. AP.PROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1978. No. 24318. AN ORDINANCE to amend and reordain certain sections of the 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 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Crisis Intervention 77-A4562J (1, 2, 3, 4, 5, 6, & 7) ............ $113,684.00 REVENUE Crisis Intervention 77-A4562J (8, 9, & 10) ........................ 113,684.00 (1) Net increase (A35744010002) (2) Net increase (A35744020010) (3) Net increase (A35744021005) (4) Net increase (A35744023015) (5) Net increase (A35744025515) (6) Net increase (A35744030005) (7) Net increase (A35744090005) (8) Net increase (R35744021) (9) Net increase (R35744025) (10) Net increase (R35744031) $83,004.00 10,000.00 3,780.00 2,000.00 500.00 12,400.00 2,OOO.00 25,802.00 82,894.00 4,988.00 132 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 September, 1978. No. 24319. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds for funding of a Crisis Intervention/Runaway House for the Juvenile and Domestic Relations District Courts of the 23rd Judicial District. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That H. B. Ewert, City Manager, be and he is hereby authorized to accept, execute and file the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for Action Grant No. 77-A4562J for Federal funds in the amount of $25,802.00, through said Division, to be used along with certain funds from the State Department of Corrections which will reimburse the City for certain salary expenditures and operating expenses in the total amount of $82,894.00, and local funds not to exceed $4,988.00 for Fiscal Year 1978-1979, of which $1,358.00 will be the local cash match to the Federal Grant. 2. That the City Manager or his successor in office is further directed to furnish such additional information as may be required by the Division of Justice and Crime Prevention in connection with the City's aforesaid acceptance of said grant or with said project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1978. No. 24320. A RESOLUTION approving a modification of the Airport Use Agreement dated April 1, 1975, with Piedmont Aviation, Inc., as it relates to the lease of certain air-conditioned office space in the Terminal Building at Roanoke Municipal Airport, Woodrum Field. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he hereby is authorized and empowered to enter into the requisite agreement with Piedmont Aviation, Inc., modifying subparagraph (b) of Paragraph 1., PART B, of said written Airport Use Agreement dated April 1, 1975, made with said Company so as to substitute Rooms 213, 215 and 217, containing 698.45 square feet in the Terminal Building, for Room 226, containing 198 square feet, in said Building, at an annual rental of $7.35 per square foot, per year, thereby changing subparagraph (b) of Paragraph 1., PART B, of the aforesaid Airport Use Agreement to read: (b) 1,537.96 square feet of air-conditioned office space in the Terminal Building as shown on attached Exhibits "C-i", "C-2", "C-3", "C-5", "C-6" and "C-7"; such agreement to be upon such form as is approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor 133 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1978. No. 24321. AN ORDINANCE amending and reordaining Sec. 12. Vacations~ sick leave and military leave, of Chapter 3. Officers and Employees Generally, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, by adding a new subsection to be numbered (b:l) providing for the abolishment of the privilege of converting unused sick leave into special leave from and after July 1, 1978; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Sec. 12. Vacation~ sick leave and military leave, of Chapter 3. Officers and Employees Generally, of Title II. Administration, of the Code of the City of Roanoke (1956), as amended, be amended by the addition of a new subsection to be numbered (b:l), and reordained to read and provide as follows: Section 12. Vacation, sick leave and military leave. (b:l) From and after July 1, 1978, the privilege of converting certain specified hours of unused sick leave into special leave as granted and provided by subsection (b) hereof is hereby abolished; provided, however, any such special leave which has, prior to July 1, 1978, accrued to the benefit of any employee of the City shall be retained by such employee or employees to be used as made and provided by the provisions of subsection (b) hereof. 2. That for the usual daily operation of the municipal government that 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 September, 1978. No. 24322. AN ORDINANCE accepting a bid made for resurfacing tennis courts at the Crystal Springs Reservoir, 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 as follows: 1. That the bid of Eggleston and McNeil, Inc., for furnishing all labor, tools, equipment and materials necessary for resurfacing tennis courts at the Crystal Springs Reservoir for a lump sum not to exceed $14,864.00, be and said bid is hereby ACCEPTED; 2. That the City Manager be and he is hereby authorized and directed, for and on behalf of the City, to execute 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 appropriated by the Council 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 134 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1978. No. 24323. AN ORDINANCE to amend and reordain Section 1, Rate of tax on realty and personalty, of Chapter 1, 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 effective; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 1, Rate of tax on realty and ?ersonalty, Chapter 1, Current Taxes, Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, be and said section is hereby amended and reordained to read and provide as follows: Sec. 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 1979 tax year commencing January 1, 1979, and annually thereafter until otherwise provided, a tax to be assessed on the following classifica- tions 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 $1.50 on every one hundred dollars of fair market value of such property; (b) bpon all real estate and tangible personal property of public service corporations assessed for taxation by the State Corporation Commission and in the process of equaliza- tion of assessment by said Commission, at the rates of $3.75 and $3.45, respectively, on every one hundred dollars of such assessed value, provided that the resulting 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 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 $1.50 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 $1.50 on every one hundred dollars of fair market value of such property assessed at 100% of fair market value; (e) A tax at the rate of $4.10 on every one hundred dollars of fair market value of the following classifications of tangible personal property, to-wit: (1) Upon all tangible personal property classified in Section 58-829 of the 1950 Code of Virginia, as amended, except such household goods and personal effects as are hereinafter provided to be exempt from taxation; (2) Upon all boats and watercraft classified by Section 58-892.2 of the 1950 Code of Virginia, as amended; (3) Upon all machinery and tools used in manufacturing and mining businesses, as classified in Section 58-412 of the 1950 Code of Virginia, as amended; (4) Upon all personal property, tangible in fact, used or employed in all trades and businesses not taxable on capital by the Commonwealth under chapter 8, title 58, of the 1950 Code of Virginia, as amended, including machinery and tools used in manufacturing, mining, processing or reprocessing, radio or television broadcasting, dairy, dry cleaning or laundry busi- nesses, except for inventory of stock on hand which is held for resale, as provided in Section 58-412 of said Code, as amended; 135 (5) Upon all tangible personal property leased to any agency of the federal government, as provided in Section 58-831.1 of the 1950 Code of Virginia, as amended; (6) Upon all tangible personal property leased from any agency of the federal government, as provided in Section 58-831.2 of the 1950 Code of Virginia, as amended; and (7) Upon all other taxable tangible personal property in the city segregated for local taxation by Section 58-9 of the 1950 Code of Virginia, except such household goods and personal effects as are defined and classified in Section 58-829.1 of said Code of Virginia. The classes of household goods and personal effects defined and classified in subparagraphs (1), (2), (3), (4), (5), (6), (7) and (8) of Section 58-829.1 of the 1950 Code of Virginia, as amended, when owned and used by an individual or by a family or household incident to maintaining an abode, shall be exempt from the tax levied and imposed in this section. 2. That the rates of tax herein provided and imposed shall be in force and effect on and after January 1, 1979. 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 September, 1978. No. 24324. AN ORDINANCE to amend and reordain Title X.1, Human Services, of the Code of the City of Roanoke (1956), as amended, as new Title X.2, Human Resources, by providing for a Directorate of Human Resources as an administrative element of the City; defining the functions which said Directorate is to administer; providing for the appointment of the Director of such Directorate and defining his duties and responsibilities; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Title X.1, Human Services, of the Code of the City of Roanoke (1956), as amended, and Chapter 1, therein, be and said Title and Chapter are hereby amended and reordained as Title X.2, Human Resources, and Chapter 1, General Provisions, thereof, to read and provide as follows: Title X.2 HUMAN RESOURCES Chapter 1. General Provisions Sec. 1. Directorate of Human Resources -- establishment. The Directorate of Human Services heretofore provided in Section 1, chapter 1 of this title is hereby con- tinued as the Directorate of Human Resources. Sec. 2. Same -- composition. The Directorate of Human Resources shall be composed of a Director of Human Resources who shall be, ex officio, the local board of public welfare of the City, and who shall supervise such departments, department heads, managers and such other personnel as the Council may from time to time determine. 1,36 Sec. 3. Director of Human Resources -- Appointment; removal; bond. The Director of Human Resources shall be appointed by the City Manager, subject to confirmation of such appointment by the Council as provided in Section 7 of the City Charter. The Director so appointed may be removed by the City Manager and, in the event of removal, the City Manager shall report such action to the Council at the next meeting following such removal. The Director shall give bond in such penalty and with such surety as the Council or the State may require. Sec. 4. Same -- Disciplinin~ and removal of employees. Except as may be otherwise provided by law, all other employees of said department, shall be appointed and may be disciplined or removed by the city manager, who shall report each such appointment or removal to the Council as provided in Section 21 of the Charter of the City. Sec. 5. Same -- Salary; office. The Director of Human Resources shall receive such salary as may be authorized by the Council and his office shall be at such location as shall be assigned by the City Manager. Sec. 6. Same -- Powers and duties. Subject to the general supervision of the City Manager, the Director of Human Resources shall: admini- ster the affairs of the department, which shall include the management and control thereof; exercise such func- tions, duties and powers as may be prescribed by State law; administer relief to all indigent persons who are properly and legally a public charge in the City and who are not cared for by some other public agency; pro- vide care for dependant and neglected children, and indigent sick, both in their own homes and in desig- nated hospitals; exercise control and administration of the city home and juvenile detention home; and do all other things within the scope of the powers and duties of said department. In addition to the duties and functions above enumerated, the Director shall cooperate with private welfare agencies to the end that the city and its inhabitants may enjoy a well-rounded program of welfare work and relief, subject to such regulations and policies as may periodically be determined by the Council. The Director may, with the approval of the City Manager, provide supplies, maintenance, necessary food, medicine and other necessities for those who are found to be proper subjects for relief. Said Director shall keep such records and accounts upon such forms as shall be deemed necessary by the Director of Finance for the proper conduct of the Office. The Director shall perform the function of liaison between the City Manager and the Commissioner of Health. 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 5th day of September, 1978. No. 24325. AN ORDINANCE establishing the per diem rate of compensation for the members of the Equalization Board 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 the per diem rate of compensation for the members of the Equalization Board of the City of Roanoke is hereby established at $100.00 per member; 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 137 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 1978. No. 24327. A RESOLUTION changing the date of the regular Financial and Planning Session of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that the regular Financial and Planning Session of the Council provided to be held on September 18, 1978, at 3:00 p.m., be, and is hereby changed to be held on September 21, 1978, at 2:00 p.m. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1978. No. 24326. AN ORDINANCE changing the name of a certain street within the corporate limits of the City of Roanoke from Arrow Wood Road, N. W., to Countryside Road, N. W. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the name of Arrow Wood Road, N. W., in the City of Roanoke be changed and renamed Countryside Road, N. W.; 2. That the City Engineer be, and he is hereby directed to cause the above established street name to be appropriately noted on all maps and plats lodged in his care; and 3. That the City Manager be, and he is hereby authorized to cause the placement of appropriate street name signs on said street; and that the City Clerk transmit to the Postmaster at Roanoke six (6) attested copies of this ordinance, in order that the Postmaster be apprised of the aforesaid street name change. City Clerk APPROVED Mayor 138 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1978. No. 24328. A RESOLUTION recognizing the achievement of KYLENE BARKER, Miss America. WHEREAS, Kylene Barker, a native of Galax, Virginia, and graduate of Virginia Polytechnic Institute and State University, was on September 9, 1978, named Miss America at the annual Miss America Pageant held in Atlantic City, New Jersey; WHEREAS, Miss Barker, the first Miss Virginia ever to be named Miss America, displayed outstanding talent, poise, grace, and personality, in addition to beauty; WHEREAS, Miss Barker has close ties with the City of Roanoke through relatives who live in this City and through the fact that this City is the host city for the Miss Virginia Pageant; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council adopts this means of recognizing the extraordinary achievement of Miss Barker. BE IT FURTHER RESOLVED that the City Clerk transmit to Miss Barker an attested copy of this resolution on behalf of the Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1978. No. 24329. AN ORDINANCE to amend and reordain certain sections of the 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 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Community Development Block (1, 2, 3, 4, 5, & 6) .............. $9,161,015.02 (1) Net decrease (A35684696601) (2) Net decrease (A35684697401) (3) Net decrease (A35684697501) (4) Net decrease (A35684697601) (5) Net decrease (A35684698001) (6) Net increase (A35684698201) $ 11.97 5,389.02 20,000.00 10,514.00 32.00 35,946.99 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect.from its passage. APPROVED ATTEST: City Clerk Mayor 139 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1978. No. 24330. AN ORDINANCE authorizing the financial settlement of the A-6 (Gainsboro), R-42 (Downtown East) and R-46 (Kimball) urban renewal projects; authorizing and providing for the acceptance of a $740,000 Categorical Program Settlement Grant from the Department of Housing and Urban Development (H.U.D.) in order to effect a closeout of the aforesaid projects; and authorizing the City Manager to execute the required project closeout agreements; 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 be, and he is hereby authorized to effect the financial settlement of the A-6 (Gainsboro) and R-42 (Downtown East) urban renewal projects by September 30, 1978, and the R-46 (Kimball) urban renewal project by September 30, 1979; 2. That the City Manager be, and he is hereby authorized to accept the $740,000 Categorical Program Settlement Grant from the Department of Housing and Urban Development (H.U.D.), upon the terms and conditions set forth in the City's application to H.U.D. for such grant dated August 25, 1978; 3. That the City Manager be, and he is hereby authorized to execute the required project closeout agreements, such agreements to contain such 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 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 September, 1978. No. 24331. AN ORDINANCE amending and reordaining Section 3. Rental charges for use of market building, of Chapter 2, Title IX. Public Markets, of the Code of the City of Roanoke (1956), as amended; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 3. Rental charges for use of market building, of Chapter 1, Title IX. Public Markets, of the Code of the City of Roanoke (1956), as amended, be and said section is hereby amended and reordained to read and provide as follows: Section 3. Rental charges for use of market building - curbage fees. Rental charges for the use of stalls and storerooms in the city market building, and the charges for the curb spaces on the streets in the city market area shall be such rates and charges as are from time to time fixed and established by the Council. 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 from and after January 1, 1979. APPROVED ATTEST: City Clerk Mayor 140 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1978. No. 24332. A RESOLUTION fixing and establishing rates and charges for the rental of stalls and storerooms in the City Market Building and for the rental of curb spaces on the streets in the city market area, and providing an effective date for such rates and charges. BE IT RESOLVED by the Council of the City of Roanoke that from and after January 1, 1979, the rates, and charges for the use of stalls and storerooms in the City Market Building and for the use of curb spaces on the streets in the city market area shall be as follows: A. Inside Market Stalls: Rates: Nos. 1 thru 10 *Nos. 11 thru 20 Nos. 1 thru 20 *Unimproved area. $138.00 monthly $100.00 monthly $ 12.00 daily B. Outside Stalls: Rates: Nos. 21, 22 Nos. 23 thru 30, 32, 34, 36 & 38 No. 31 Nos. 33, 35 & 37 Nos. 39 & 40 No. 21 Nos. 22 thru 40 $207.00 monthly $ 98.00 monthly $ 35.00 monthly $ 92.00 monthly $173.00 monthly $ 15.00 daily $ 12.00 daily C. Curba~e Fees: Rates: Nelson St. between Kirk & Church Avenue Spaces 12 thru 31 $ 15.00 monthly $ 1.50 daily Nelson St. between Market Sq. & Kirk Avenue Spaces 2 thru 6 $ 20.00 monthly $ 2.00 daily Spaces 7 thru 11 $ 15.00 monthly $ 1.50 daily Nelson St. between Market Sq. & Kirk Avenue Space No. 1 $ 25.00 monthly $ 3.00 daily Market Square Spaces 1 thru 12 & 14 $ 20.00 monthly Market Square Spaces 13, 15 & 16 $ 25.00 monthly $ 3.00 daily Market Square Spaces 19, 20 & 21 $ 15.00 monthly $ 1.50 daily Market Square Spaces 17 thru 25 $ 20.00 monthly $ 2.00 daily Nelson Street., West Side and Wall Street East Side between Campbell and Salem Avenues $ 15.00 monthly $ 1.50 daily OUT OF STATE PRODUCERS Wall Street, West Side $ 5.00 daily APPROVED ATTEST: City Clerk Mayor 141 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1978. No. 24333. A RESOLUTION removing the Assistant City Manager from certain boards and committees appointed by the Council and appointing certain directors to serve on such boards and committees. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Assistant City Manager be, and he hereby is removed from the following boards and committees, to-wit: Floodplain Corm~ittee, Roanoke Transportation Museum, Incorporated, Board of Directors, and Roanoke Valley Regional Solid Waste Management Board; and 2. That the Director of Utilities and Operations is hereby appointed to the Floodplain Committee; the Director of Public Works is hereby appointed to the Roanoke Transportation Museum, Incorporated, Board of Directors; and the Director of Utilities and Operations is hereby appointed to the Roanoke Valley Regional Solid Waste Management Board. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of September, 1978. No. 24334. AN ORDINANCE to amend and reordain certain sections of the 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 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.E.T.A. Unobligated Title VI #7825 (1) ................. $ 174,525.12 REVENUE C.E.T.A. Drawdowns #7801 (2) ............................ 20,832,541.00 (1) Net increase (A35782572006) (2) Net increase (R35780101) $174,257.00 174,257.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 142 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1978. No. 24335. A RESOLUTION authorizing waiver to the Roanoke Valley Shrine Club-Kazim Temple of payment of admissions taxes and rental charges for the use of Victory Stadium on October 13, 1978. WHEREAS, the Roanoke Valley Shrine Club-Kazim Temple, sponsoring a football game between the teams of William Fleming High School and Patrick Henry High School, both of Roanoke, has approached the Council with request that certain charges and expenses normally attendant upon the use of Victory Stadium, whereat the game is desired to be played, be waived; in which request the Council is willing to concur. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth authorize waiver to the Roanoke Valley Shrine Club-Kazim Temple 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 said Club's planned football game on October 13, 1978, to be held at said facility. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy hereof to Barry N. Lichtenstein, Esquire, representative of the aforenamed Club. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1978. No. 24336. AN ORDINANCE to amend and reordain certain sections of the Grant Programs 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 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Commonwealth's Attorney Training 78A4389 (1) ............. $1,628.00 REVENUE Commonwealth's Attorney Training 78A4389 (2) ............. $1,628.00 (1) Net increase (A35749523005) $1,628.00 (2) Net increase (R35749521) 1,628.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 143 IN THE COUNCIL OF~THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1978. No. 24337. A RESOLUTION accepting a grant offer of the Virginia Association of Commonwealth's Attorneys for Law Enforcement Grant No. 78-A4389, to provide for training of the Commonwealth's Attorney's staff, and authorizing the execution of said grant offer. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke hereby accepts the grant offer made to the City by the Virginia Association of Commonwealth's Attorneys for Law Enforcement Grant No. 78-A4389, in the sum of $1,628.00 to provide for training of the Commonwealth's Attorney's staff; and 2. That the City Manager and the City Clerk, be and they are hereby authorized and directed to execute and to seal a~d attest~ respectively, the appropriate forms for the acceptance of the grant on behalf of the City of Roanoke, agreeing to the provisions and conditions contained therein, upon form approved by the City Attorney. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1978. No. 24338. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1, to the City's contract with Acorn Construction Company, Ltd., dated June 26, 1978, for the modification of sewage treatment plant aeration basins, authorized by Ordinance No. 24233; 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 Acorn Construction Company, Ltd., dated June 26, 1978, authorized by Ordinance No. 24233, so as to provide for the following changes in the work to be performed, to-wit: Contract Amount Repair of top of "Y" wall between aeration basins Replace 2" concrete walk planks - (28 at $35.00) Total Change Order No. 1 Contract Amount including Change Order No. 1 Additional time resulting from Change Order No. 1 $ 391,000.00 Add $ 7,097.00 Add $ 980.00 $ 8,077.00 $ 399,077.00 60 calendar days. 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 25th day of September, 1978. No. 24339. A RESOLUTION approving a Comprehensive Plan dated August 29, 1978 as amended September 15, 1978, and authorizing and approving 16 units of Section 8 New Construction known as Project No. VA 36-8023-003 proposed to be erected by the City of Roanoke Redevelopment and Housing Authority. WHEREAS, there is a need in the City of Roanoke for an additional 16 units of housing to serve a cross section of low and moderate income elderly and handicapped citizens; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority proposes to construct 16 units in the Gainsboro Community Development Project (Project CD-i); and WHEREAS, by virtue of Sections 36-19.1 and 36-19.2 of the 1950 Code of Virginia, as amended, such Comprehensive Plan for such Project and the additional low and moderate income housing for the elderly and handicapped therein proposed to be constructed is required to be authorized and approved by this Council; and WHEREAS, it appears that the development and construction of 16 dwelling units under the Section 8 Program is necessary to enable said Authority to provide decent, safe, and sanitary housing for low and moderate income elderly and handicapped citizens, of the City of Roanoke, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Comprehen- sive Plan for Project VA 36-8023-003, dated August 29, 1978 as amended September 15, 1978, prepared by the City of Roanoke Redevelopment and Housing Authority, a copy of said Comprehensive Plan being on file in the Office of the City Clerk, be and is hereby approved by this Council; and that the development and construction by said Authority of such 16 dwelling units be and is hereby authorized and approved. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1978. No. 24340. A RESOLUTION appointing a representative and an alternate representative of the City of Roanoke to the Roanoke Consortium for Manpower Services Policy Board. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Director of Human Resources be and is hereby appointed as the City of Roanoke's representative on the Policy Board of the Roanoke Consortium for Manpower Services; and 2. That the City Manager be and is hereby appointed as the alternate representative of the City of Roanoke on the Policy Board of the Roanoke Consortium for Manpower Services. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1978. No. 24341. AN ORDINANCE authorizing and providing for an amendment and addendum to the Delegation Agreement for the Roanoke Consortium for Manpower Services which the Mayor was authorized to execute by Ordinance No. 24292 adopted August 28, 1978, 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 Mayor of the City, or his representative, be and is hereby authorized to execute, on behalf of the City, an amendment and addendum to the Delegation Agreement for the Roanoke Consortium for Manpower Services relating to Fiscal Year 1979 Comprehensive Employment Training Act (CETA) funding, and more particularly described in the report of the City Manager dated September 25, 1978; such amendment and addendum to be upon form 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. ATTEST: City Clerk APPROVED Mayor 145 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1978. No. 24342. A RESOLUTION authorizing and directing the City Manager, on behalf of the City of Roanoke, to enter into a certain agreement with the Southwest Virginia Community Development Fund relating to the development of an industrial corridor along Shenandoah Avenue, N. W., between 10th Street, N. W., and 24th Street, N.W. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized and directed, on behalf of the City, to enter into written agreement, approved as to form by the City Attorney, with the Southwest Virginia Community Development Fund relating to the development of an industrial corridor along Shenandoah Avenue, N. W., between 10th Street, N. W., and 24th Street, N. W., said agreement to contain, among all other appropriate terms and conditions, provisions as follows: 1. That the City shall have the sole authority to approve all plans for such development~i both general and specific; 2. That the City shall administer all programs for the acquisition of necessary property and required relocation assistance from funds made available to the City for such purposes; 3. That the City shall have the sole right to approve all construction plans and specifications; 4. That the City and the Southwest Virginia Community Development Fund shall, by mutual agreement, select technical consultants necessary for the project; 5. That the Southwest Virginia Community Development Fund shall have the right to purchase any project sites, development funds for which are provided by the Southwest Virginia Community Development Fund; provided, however, as to such sites, the City shall retain the right to approve subsequent purchasers from the Southwest Virginia Community Development Fund and the terms and conditions of such purchases; and 6. That the Southwest Virginia Community Development Fund shall be the designated recipient and administrator of all project funds, save and except for City funds; provided, however, the City shall have access to all financial data relating to the project as deemed necessary by the City and the Southwest Community Development Fund shall provide the City with an annual project audit performed by certified public accountants. APPROVED ATTEST: 146 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1978. No. 24343. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in par't: .... APPROPRIATIONS Federal Aviation Grant (1) ........................... $595,100.00 Acquire Land/Noise Abatement (2) ..................... 160,570.00 (1) Net increase (A04240191201) (2) Net decrease (A04240191801) .$595,100.00 29,755.00 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 September, 1978. No. 24344. A RESOLUTION accepting grant offers of the United States of America, Federal Aviation Administration, and of the Commonwealth of Virginia, State Corporation Commission, Division of Aeronautics, in connection with ADAP Project No. 6-51-0045-08, to assist in improving Roanoke Municipal Airport, Woodrum Field, and authorizing the execution of appropriate grant agreements and grant offers. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke hereby accepts such grant offers as may be made to the City by the Federal Aviation Administration and/or the Commonwealth of Virginia, State Corporation Commission, Division of Aeronautics, to provide not more than $565,345.00 of Federal and State funds to assist in the improvement of Roanoke Municipal Airport, Woodrum Field, and that the City of Roanoke shall enter into a grant agreement with the United States of America, Federal Aviation Administration, in connection with ADAP Project No. 6-51-0045-08, for the purpose of obtaining Federal aid in the improvement of its Roanoke Municipal Airport, Woodrum Field, and accept a grant offer from the Commonwealth of Virginia, State Corporation Co~mission, Division of Aeronautics, for the purpose of obtaining state aid in the improvement of Roanoke Municipal Airport, Woodrum Field; and 2. That H. B. Ewert, City Manager, or in his absence Sam H. McGhee, III, Assistant City Manager, is hereby authorized'and directed to execute and accept said grant agreements and/or grant offers in the appropriate number of copies on behalf of the City of Roanoke, and that Mary F. Parker, City Clerk, or in her absence, Judith M. St. Clair, Deputy City Clerk, is hereby authorized and directed to impress the official seal of the City of Roanoke on each of said copies and to attest the same. ATTEST: City Clerk APPROVED Mayor 147 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1978. No. 24345. AN ORDINANCE amending and reordaining Section 10, Radio and sound-making devices in buildings, of Chapter 4, Offenses Against the Peace, of Title XXIII, Misdemeanors and Offenses, of the Code of the City of Roanoke (1956), as amended, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 10, Radio and sound-making devices in buildings, of 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 and reordained to read and provide as follows: Section 10. Radio and sound-making devices in buildings. (a) It shall be unlawful for any person to main- tain and operate in any building or on any premises in the City any radio device or mechanical~usical instrument or device of any kind whereby the sound therefrom is cast directly upon the public streets and public places, and where such device is maintained for advertising purposes, or for the purpose of attracting the attention of the passing public. (b) The provisions of this section shall not apply to the following: (1) music, bells, or chimes which are part of a bona fide religious service, obser- vation or other such religious event. (2) the striking of clocks. (c) The City Manager may issue from time to time, in his discretion, permits for the use of such sound equipment as is otherwise prohibited by this section. Such permits may be issued subject to such restrictions as may be deemed reasonable by the City Manager. (d) Any person who violates this section or any provision thereof shall be guilty of a misdemeanor and shall, upon convic- tion, be fined not more than one 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 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1978. No. 24346. AN ORDINANCE accepting a certain proposal and awarding a contract for construction of and additions to four city park-CDBG Projects, upon certain terms and conditions; rejecting a certain other bid; 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 proposal of Watts and Breakell, Inc., for construction of and additions to four city park-CDBG Projects; to-wit, Morningside Park, Southwest Park, Highland Park and Southern Hills (Sunrise) Park, for the base bid amount of $205,400.00, be and is hereby ACCEPTED; 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 contract with Watts and Breakell, Inc., the same to incorporate the terms and conditions of this ordinance, the bidder's proposal and the City's plans and specifications made therefor; said contract to be upon such form as is approved by the City Attorney; 148 3. That the other bid made to the City for the performance of said work be, and said bid is hereby REJECTED, the City Clerk to so notify said other bidder and to express the City's appreciation for said 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 25th day of September, 1978. No. 24347. AN ORDINANCE to amend Chapter 4 of Title II, of the Code of the City of Roanoke (1956), as amended, by the addition of a new subsection to be designated Section 4(g)(6), Personnel Committee, relating to authorities, boards, commissions and committees established or appointed by the Council; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Chapter 4, The Council, of Title II. Administration, of the Code of the City of Roanoke (1956), as amended, be and said chapter is hereby amended by the addition of a new subsection to be designated as Section 4(g)(6), Personnel Committee, to read and provide as follows, viz: Section 4. Authorities, Boards, Commissions and Committees. g. Permanent Committees. (6) Personnel Committee. The city personnel committee shall be composed of three (3) members of the Council appointed by the Mayor, with the Mayor to act as ex officio member. The personnel committee shall have the responsibility of screening, interviewing and recommending to the full Council the person best qualified to fill any vacancy that may occur in the six positions that are appointed or elected by City Council. The personnel committee shall also have the responsibility of providing leader- ship initiative in evaluating the council appointees on their anniversary dates. 2. That in order to provide for the usual daily operation of the municipal government an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor 149 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1978. No. 24348. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: Contributions and Subsidies #1832 VPI & SU Extension Service (1) .................... $ 5,150.00 Contingencies #1880 Contingency Reserve (2) ........................... $283,908.00 (1) Net increase (A01183270712) $5,150.00 (2) Net decrease (A01188072006) 5,150.00 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 ROA~TOKE, VIRGINIA, The 25th day of September, 1978. No. 24349. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 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 Electoral Board #0620 (1) ........................... $ 105,546.00 City Manager #0201 (2) .............................. 220,355.50 Director of Human Resources #1501 (3) ............... 55,665.50 Education #1901 (4, 5, 6, 7) ........................ 27,898,494.00 Transfers to Capital Projects Fund #1855 (8) ........ 1,276,170.04 REVENUE Grants In Aid Commonwealth (9) ...................... 8,590,782.04 School Revenue (10) ................................. 14,767,524.00 CAPITAL PROJECTS FUND APPROPRIATIONS William Fleming High School (11) .................... 3,314,175.57 Patrick Henry High School (12) ...................... 3,462,403.49 (1) Net increase (A01062090020) (2) Net decrease (A01020110002) (3) Net increase (A01150110002) (4) Net increase (A01190175001) .$ 1,200.00 13,288.50 13,288.50 52,800.00 150 (5) Net increase (A01190175002) (6) Net decrease (A01190165101) (7) Net decrease (A01190165901) (8) Net increase (A01185582508) (9) Net increase (R01061401) (10) Net increase (R01191001) (11) Net increase (A08481690001) (12) Net increase (A08481790001) $ 13,900.00 6,100.00 7,800.00 466,170.04 466,170.04 52,800.00 169,117.03 297,053.01 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 October, 1978. No. 24350. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of the City of Roanoke Redevelopment and Housing Authority to permanently vacate, discontinue and close those certain alleyways located adjacent to Hurt Park and more particularly described hereinafter, 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 application of the City of Roanoke Redevelopment and Housing Authority, that said applicant did on September 20, 1978, 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 be made this Gay to the Council of the City of Roanoke, Virginia, to close the hereinafter described alleyways, 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 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 Sheriff of the City of Roanoke appended to the applica- tion addressed to Council requesting that the hereinafter described alleyways 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 Council having considered said application to perma- nently vacate, discontinue and close the hereinafter described alleyways; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinafter described alleyways 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 Mr. R. R. Quick, Mr. R. Lee Mastin, Mr. Fred DeFelice, Mr. L. Elwood Norris, and Mr. George W. Overby, any three of whom may act, be and they hereby are appointed as viewers to view the following described alleyways, 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: rI BEING all of that thirty-foot alley shown on City Appraisal Map #121, extending in a westerly direction from Fifteenth Street, S. W. to Hurt Park, Official Tax No. 1210320, said alley being bounded on the north (120 feet, more or less) by the southerly boundary of the northerly portion of Lot 29, Block 2, R. J. Wright Map, Official Tax No. 1210924, and on the south (120 feet, more or less) by the northerly boundary of the southerly portion of Lot 29, Block 2, R. J. Wright Map, Official Tax No. 1210925. II BEING all of that ten-foot alley shown on City Appraisal Map #121, extending in a southerly direction from the alley described in I above to the extended southerly boundary of Lot 16, Block 2, R. J. Wright Map, Official Tax No. 1210937, said alley being bounded on the west (540 feet, more or less) by the easterly boundary of Hurt Park, Official Tax No. 1210320, and on the east (540 feet, more or less), by the westerly boundaries of Lots 29 (part), 28, 27, 26, 25, 23, 22, 21, 20, 19, 18, 17, and 16, Block 2, R. J. Wright Map, Official Tax Nos. 1210925, 1210926, 1210944, 1210927, 1210928, 1210929, 1210930, 1210931, 1210932, 1210933, 1210934, 1210935, 1210936, and 1210937. III 151 to the extended westerly boundary of Lot 11, Block 2, R. J. Wright Map, Official Tax No. 1210938, said alley being bounded on the north (250 feet, more or less) by the southerly boundary of Lot 16, Block 2, R. J. Wright Map, Official Tax No. 1210937, the southerly end of the alley described in II above, and a portion of the southerly boundary of Hurt Park, Official Tax No. 1210320, and on the south (250 feet, more or less) by the northerly boundaries of Lots 15, 14, 13, 12, and 11, Block 2, R. J. Wright Map, Official Tax Nos. 1210943, 1210941, 1210940, 1210939, and 1210938. IV BEING all of that ten-foot alley shown on City Appraisal Map #121, extending between the easterly fifty feet of Lot 14, Block 1, R. J. Wright Map, Official Tax No. 1210333, and Hurt Park, Official Tax No. 1210320. BEING all of that ten-foot alley shown on City Appraisal Map #121, extending in a westerly direction from the extended easterly boundary of Lot 9, Block 1, R. J. Wright Map, Official Tax No. 1210336, to the extended westerly boundary of Lot 3, Block 2, Rorer Heirs Map, Official Tax No. 1210711, said alley being bounded on the north (310 feet, more or less) by a portion of the southerly boundary of Hurt Park, Official Tax No. 1210320, and on the south (310 feet, more or less) by the northerly boundaries of Lot 9, Block 1, R. J. Wright Map, and Lots 8, 7, 6, 5, 4, and 3, Block 2, Rorer Heirs Map, Official Tax Nos. 1210336, 1210716, 1210715, 1210714, 1210713, 1210712, and 1210711. VI BEING all of that approximately twenty-foot alley shown on City Appraisal Map #121, extending in a northeasterly direction from Salem Avenue, S. W., to Hurt Park, bounded on the east (150 feet, more or less) by the westerly boundary of Lot 3, Block 2, Rorer Heirs Map, Official Tax No. 1210711, and on the west (150 feet, more or iess, with a curve to the right) by the easterly boundary of the easterly portion of a tract of land containing 8.55 acres and bearing Official Tax No. 1210634. BE IT FURTHER RESOLVED that the aforesaid application to permanently vacate, discontinue and close the within described alleyways, be, and 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 2nd day of October, 1978. No. 24351. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: GRANT PROGRAMS FUND Appropriations CSA Summer Program (1) .................................. $7,650.00 Revenue CSA Summer Program (2) .................................. 7,650.00 152 (1) Net increase (A35621020010) (2) Net increase (R35621021) $7,650.00 $7,650.00 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 October, 1978. No. 24352. AN ORDINANCE authorizing and providing for a lease by the City of office space in the Crystal Towers Building located at 145 West Campbell Avenue, in the City of Roanoke, from the owner of said property, to be used as office accommodations for certain Human Resources employees 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 Manager be, and he is hereby authorized to enter into a written lease agreement on behalf of the City with 944 Third Avenue Realty Corp., for 1,032 square feet of space in a building known as the Crystal Towers Building located at 145 West Campbell Avenue, in the City of Roanoke, for use as offices by employees of the City of Roanoke Department of Human Resources Job Orientation and Motivation Program for a one (1) year term beginning October 1, 1978, through September 30, 1979, at an annual rental of $4,800.00, payable in equal monthly installments of $400.00; 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. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1978. No. 24353. AN ORDINANCE amending and reordaining Chapter 7, Signs~ Awnings and Marquees, of Title XV, Construction~ Alteration and Use of Land, Buildings and Other Structures, of the Code of the City of Roanoke (1956), as amended, by adding a new section to be numbered Section 26, authorizing the City Manager to grant permission for the erection and maintenance of banners above and across public streets; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Chapter 7, Signs, Awnings and Marquees, of Title XV, Construction, etc., of the Code of the City of Roanoke (1956), as amended, is hereby amended by the addition of a new section numbered Section 26 to read and provide as follows: Section 26. Erection and maintenance of banners above and across public streets. The City Manager shall be authorized to permit the erection and maintenance of canvas, cloth, or paper banners above and across public streets, when in his discretion such banner will promote the gene- ral welfare and not be to the advantage of any par- ticular business, trade, or industry; provided that (1) no such banner shall at any point be less than seventeen (17) feet above the street level; (2) no such permit shall be effective for more than fourteen (14) days; (3) not more than one banner shall be per- an operator of a motor vehicle or pedestrian; (4) the applicant for such permit shall obtain any and all necessary permissions for the erection and main- tenance of such banner from any affected private property owners and the State Department of Highways and Transportation; and (5) the applicant shall in- demnify, keep, and hold the City free and harmless from liability on account of injury or damage to any person or property growing out of or directly or in- directly resulting from the erection, maintenance, or removal of such banner. 2. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1978. No. 24354. 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-78-MC-51-0020 under the Community Development Act; 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 to execute, for and on behalf of the City, a certain written agreement, more particularly described in the report of the City Manager dated October 2, 1978, and drawn as a Contract for Services under the Community Development Program Grant No. B-78-MC-51-0020, between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke, to be retroactive to include program activities carried out since July 1, 1978, 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, and providing further, for the material and support services to be furnished by the City, the time of performance of said contract, for compensation to the Authority and method of its payment, general terms and conditions of the contract and the manner by which it may be amended and for the law by which said contract shal be governed; provided the form of said contract, otherwise, be 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. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1978. No. 24355. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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. 153 154 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 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 Transfers #1855 Capital Projects Fund (1) ............................ $5,790,170.04 CAPITAL PROJECTS FUND School Roof Replacement (2) ............................ $ School Buses (3) ....................................... Equipment Replacement (4) .............................. 290,000.00 130,000.00 100,000.00 (1) Net increase (A01185587508) (2) Net increase (A08480190001) (3) Net increase (A08480290001) (4) Net increase (A08480390001) $520,000.00 290,000.00 130,000.00 100,000.00 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 2nd day of October, 1978. No. 24356. AN ORDINANCE to amend and reordain Section #1800, "Non-Departmental," of the 1978-79 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 Section #1800, "Non-Departmental," of the 1978-79 General Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL #1800 Fringe Benfits (1) ................................... $4,519,205.00 (Retirement Contributions) (1) Net increase (A01181011005) .... $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 155 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1978. No. 24357. A RESOLUTION authorizing employees of the Roanoke Consortium for Manpower Services to be included in the City's personnel system for purposes of pay and classification, and providing for an effective date for the inclusion of such employees in such system as aforesaid. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That from and after December 6, 1978, the employees of the Roanoke Consortium for Manpower Services shall be authorized to be included in the personnel system of the City of Roanoke for purposes of pay and classification; 2. That the classification for each position of employment with the Roanoke Consortium for Manpower Services shall be established as made and provided by the Code of the City of Roanoke (1956), as amended; provided, however, that the allocation of employees to such classifications and the pay rate for each such classification shall be determined by the City Manager within the financial parameter established by the Policy Board of the Roanoke Consortium for Manpower Services; and 3. That all payments made as wages or salaries to employees of the Roanoke Consortium for Manpower Services by the City shall be made from funds provided to the City for such purposes by the Roanoke Consortium for Manpower Services. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1978. No. 24359. A RESOLUTION 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; and authorizing the Committee to apply for a grant on behalf of the City upon certain terms and conditions. WHEREAS, the Council of the City of Roanoke recognizes the existence of a litter problem within the City. WHEREAS, the Virginia Litter Control Act of 1976 provides, through the Department of Conservation and Economic Development, Division of Litter Control, for the allocation of public funds in the form of grants for the purpose of promoting enforcement of anti-litter statutes and ordinances and for the purpose of enhancing local litter control programs; and WHEREAS, appropriate City officials have reviewed and considered the Regulations and the Application covering administration and use of said funds; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke endorses and supports such a program 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 contingent on receipt of funds; 2. That the City of Roanoke authorizes the Clean Valley Committee, Inc., to plan and budget for a coordinated 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 administra- tion, implementation, and completion of the program as it is described in the attached application form LC-G-l; 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; and 156 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1978. No. 24360. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 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 Transfers #1855 Transfers to Capital Projects Fund (1) ............... $5,179,000.00 CAPITAL PROJECTS FUND Capital Improvement Reserve #6001 Capital Improvement Reserve (2) ................. ' ..... $4,369,000.00 (1) Net increase (A01185587508) ...... $4,369,000.00 (2) Net increase (A08600172501) ...... $4,369,000.00 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 October, 1978. No. 24361. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTINGENCIES #1880 Surplus Contingency Reserve (1) ..................... $1,503,800.00 (1) Net increase (A01188072012) $1,503,800.00 157 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1978. No. 24362. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Title XX Services #1154 (1, 2, 3, & 4) .................... $96,480.55 REVENUE Title XX Receipts (5) ..................................... 96,480.55 (1) Net increase (A01154020060) (2) Net increase (A01154020066) (3) Net increase (A01154020068) (4) Net increase (A01154020069) (5) Net increase (R01100301) $ 6,882.76 3,000.00 12,974.87 1,117.02 23,974.65 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 9th day of October, 1978. No. 24363. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CAPITAL PROJECTS FUND Annex Storm Drain & Sewer Projects (1) .............. $ 310,000.00 Capital Improvement Reserve (2) ..................... 4,059,000.00 (1) Net increase (A08360290001) (2) Net decrease (A08600172501) $310,000.00 310,000.00 158 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1978. No. 24364. A RESOLUTION authorizing and approving execution of an amendment to Operating Assistance Grant Contract for Project No. VA-05-4005 between the United States of America, the Commonwealth of Virginia, Department of Highways and Transportation and the City of Roanoke, to provide for a grant of operating assistance funds under the Urban Mass Transportation Act, for the time period of November 24, 1974, through June 30, 1975, in Fiscal Year 1974-1975. BE IT RESOLVED by the Council of the City of Roanoke that this Council does hereby authorize and approve the execution and attestation by the Mayor and City Clerk, respectively, on behalf of the City of Roanoke, of an amendment to Operating Assistance Grant Contract for Project No. VA-05-4005 between the United States of America, the Commonwealth of Virginia, Department of Highways and Transportation and the City of Roanoke, to provide for a grant of operating assistance funds under the Urban Mass Transportation Act for the time period of November 24, 1974, through June 30, 1975, in Fiscal Year 1974-1975. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1978. No. 24365. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Grounds Maintenance #1666 (1) ........................ $1,041,251.00 Contingencies #1880 (2) .............................. 860,507.32 (1) Net increase (A01166625561) (2) Net decrease (A01188072006) ...... $5,600.00 5,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 159 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1978. No. 24366. AN ORDINANCE accepting the offer of the City of Roanoke Redevelopment and Housing Authority to convey to the City Areas B and C, designated for public use, on the Revised Map of the Downtown East Renewal Project, dated December 5, 1975, prepared by David Dick and Associates; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of the City of Roanoke Redevelopment and Housing Authority to convey to the City certain property for public use, such property being Areas B and C, designated for public use, on the Revised Map of the Downtown East Renewal Project, dated December 5, 1975, prepared by David Dick and Associates, and on file in the Office of the City Clerk, be, and said offer is hereby ACCEPTED; 2. That such acceptance shall be effective upon delivery to the City of a good and sufficient deed of conveyance and approval of such deed 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 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1978. No. 24367. AN ORDINANCE amending Section 8, Civic Center Commission; appointment; duties, of Chapter 9, Civic Center Department, of Title VIII, Code of the City of Roanoke (1956), as amended, by the addition of a new subsection to be designated (d) providing for the establishment of a Civic Center Commission as a continuing body and providing for the terms of the members of said Commission; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 8, Civic Center Commission; appointment; duties, of Chapter 9, Civic Center Department, of Title VIII, Code of the City of Roanoke (1956), as amended, be and is hereby amended by the addition of a new subsection to be designated (d), to read and provide as follows: Section 8. Civic Center Commission; appointment; duties. (d) The Civic Center Commission created by subsection (a) hereof shall be and is hereby constituted as a continuing body and the members of said Commission heretofore or hereafter appointed shall continue in office until their successors are duly appointed and qualify. The terms of office of three members of the Civic Center Commission shall be for three years from and after October 1, 1978, the terms of office for three members of the Civic Center Commission shall be for one year from and after October 1, 1978, and the term of office for one member of the Civic Center Commission shall be for two years from and after October 1, 1978; and thereafter all terms shall be for a period of three years; provided, however, vacancies on the Commission shall be filled by the Council for the unex- pired portion of the term to be filled. 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: 160 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1978. No. 24368. AN ORDINANCE to amend and reordain Section 2, Applications, of Chapter 12, Special Use Assessment and Taxation for Certain Real EState Devoted to Asricultural Use, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, deleting the requirement of a revalidation fee for land use taxation, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 2, Applications, of Chapter 12, Special Use Assessment and Taxation for Certain Real Estate Devoted tO A~ricultural'Use, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, be, and 'said section is hereby amended and reordained so as to read and provide as follows: Sec. 2. Applications. (a) Such application shall be on forms provided by the State Department of Taxation and supplied by the Assessor and shall include such additional schedules, photographs, and drawings as may be required by the Assessor. Ail record owners of the real estate described in the application shall execute such application; pro- vided, however, an individual who is the owner of an un- divided interest in a parcel may apply on behalf of him- self and the other owners of such parcel upon submitting an affidavit that such other owners are minors or cannot be located. An application shall also be submitted when- ever the use or acreage of such land previously approved changes; provided, however, that such property owner or owners must revalidate annually with the Assessor any applications previously approved. An application fee of ten dollars ($10.00) per parcel plus ten (10) cents per acre or portion thereof contained in such parcel shall accompany each application for taxation on the basis of use assessment and each application required to be filed whenever the use or acreage of such land previously approved changes, such fee being payable to the City. A separate application shall be filed and separate fees shall be paid for each parcel appearing on the land book as a separate parcel. 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 9th day of October, 1978. No. 24369. AN ORDINANCE accepting a certain bid and awa'rding a certain contract for remodeling of portions of the east side stands at Victory Stadium, 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 as follows: 1. That the bid of Hodges Lumber Company, for remodeling of portions of the east side stands at Victory Stadium, in full accordance with the City's plans and.specifications made therefor and with said bidder's proposal, for a total price of $10,900.00, cash, for all said work, be, and said bid is hereby ACCEPTED; and 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 described in Paragraph 1, above, said contract to have incorporated therein the City's requirements 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 all said work accepted by the City as meeting all said specifications, the Director of Finance shall be, and is hereby authorized to make payment to said contractor in accordance with the provisions of this ordinance and said contract, charging said payments to appropriations here- tofore or hereafter made by the City for said improvements; and 3. That the other bids made to the City for performing said work be REJECTED, the City Clerk to so notify 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, that 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 October, 1978. No. 24358. 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. 422, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that Four (4) parcels of land located on the easterly side of the 900 block of 13th Street, S. E., approx- imately 130 feet south of Jamison Avenue, S. E., Roanoke City Official Tax Numbers 4220307 through 4220312, inclusive, rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 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 9th day of October, 1978, 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. 422 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on the easterly side of the 900 block of 13th Street, S.E., approximately 130 feet south of Jamison Avenue, S. E., Roanoke City Official Tax Numbers 4220307 through 4220312, inclusive, described as: BEGINNING at a point on the easterly side of 13th Street, S. E., which is the dividing line between the property of the City of Roanoke Redevelopment and Housing Authority and Flora Musselwhite which point is shown as point "F" on a plat of survey by C. B. Malcolm, Engineer dated June 1944 and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Deed Book 698 at Page 203; thence with 13th Street N. 15 deg. 04' W. 15.6 feet to an angle point shown as "G" on the aforesaid plat of survey; thence N. 35 deg. 45' W. approximately 295.37 feet; thence N. 47 deg. 24' E. 302 feet; thence S. 35 deg. 45' E. approxi- mately 289.4 feet to a point marked "C" on the aforesaid plat of survey; thence S. 47 deg. 53' W. 16.0 feet, to the point marked "D" on the aforesaid plat of survey; thence S. 9 deg. 54' E. 14.5 feet, to the point marked "E" on the aforesaid plat of survey; thence S. 46 deg. 41' W. 281 feet, to the place of Beginning being marked "F" on the aforesaid plat of survey. 162 designated on Sheet 422 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Numbers 4220307, 4220308, 4220309, 4220310, 4220311, 4220312, be, and is hereby, changed from RD, Duplex Residential District, to C-2, General Commercial District, and that Sheet No. 422 of the aforesaid map be changed in this respect. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1978. No. 24370. AN ORDINANCE amending and reordaining Rule 8. of Sec. 5. Rules and Regulations, of Chapter 1. Water Department, of Title XII. Water, of the Code of the City Of Roanoke (1956), as amended, by providing for more than one property to be served by one water meter, under certain conditions. BE IT ORDAINED by the Council of the City of Roanoke that Rule 8. of Sec. 5. Rules and Regulations, of Chapter 1. Water Department, of Title XII. Water, of the Code of the City of Roanoke (1956), as amended, be and said rule is hereby amended and reordained to read and provide as follows: Rule 8. Only one premises shall be served through a meter, subject to the following exception. If one property heretofore served by one meter is subdivided and conveyed to another owner or adjoins a property in the same ownership, and the new property created by such subdivision or the adjoining property in the same ownership is not contiguous to a public street, the newly subdivided property or the adjoining property in the same ownership and the remaining or original property may be served by the original meter upon approval of the city manager. The city manager, before granting such approval, shall enter into a written agreement with the owner or owners of the respective properties to be served by the original meter, which agreement shall include those provisions deemed necessary by the city manager, to include but not be limited to, the provisions that there shall be no resale of the water, that either or both owners of the'respective properties shall be liable for the payment for water consumption registered through the original meter and that the city manager shall have the option of requiring an appropriate easement and a separate meter at any time for the newly subdivided property or the adjoining property in the same ownership. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1978. No. 24371. AN ORDINANCE authorizing and directing the proper City officials to enter into a contract between the City and Greenbrier Valley Aviation, Inc., for use of certain facilities at Roanoke Municipal AirpOrt, Woodrum Field, upon certain terms and conditions. 163 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 contract in such form as is approved by the City Attorney and bearing date of and also effective as of July 1, 1978, with Greenbrier Valley Aviation, Inc., permitting said corporation to operate an air-taxi service at Roanoke Municipal Airport, Woodrum Field, for a fee of $110.00 per month for all landings for commercial use in lieu of monthly payment~ for landing fees, annual privilege fee, counter space rental fee, and inter-phone service fee, such contract to be for a term of three (3) years and said monthly rental fee to be payable in advance on or before the first day of each month; such contract shall be upon such other terms and conditions as are approved and required by the City Manager. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1978. No. 24372. A RESOLUTION providing for the appointment of five (5) freeholders, any three (3) of whom may act, as viewers in connection with the application of Windshield Glass Distributors Co., Inc., to permanently vacate, discontinue and close a certain 15-foot alley located behind its office facility on Tazewell Avenue, S. E., which alley runs in a generally east-west direction, said alley being designated by the shaded area on the attached plat dated August 16, 1978, and to relocate a 15-foot alley as shown on the aforesaid plat dated August 16, 1978; and WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the applicatior of Windshield Glass Distributors Co., Inc., that said petitioner did on October 6, 1978, duly and legally publish, as required by Section 15.1-364, Code of Virginia, 1950, as amended, a notice of its application 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 (Salem Avenue entrance) and at the Market House (Campbell 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 described alley be permanently vacated, discontinued and closed; and that the Council of the City of Roanoke, Virginia, relocate a 15-foot alley as shown on the aforesaid plat dated August 16, 1978; 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 said alley and to relocate a 15-foot alley as shown on the aforesaid plat dated August 16, 1978; and WHEREAS, the applicant has requested that five (5) viewers, any three (3) of whom may act, be appointed to view said alley herein sought to be permanently vacated, discontinued and closed, and the relocation of a 15-foot alley as shown on the plat dated August 16, 1978, 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. Edward Brewer, Jr., Harold W. Harris, Jr., Lester K. Stover, Jr., William P. Wallace, and J. Tate McBroom, any three (3) 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, Code of Virginia, 1950, as amended, whether or not in their opinion any, and if any, what inconveni- ence would result from formally vacating, discontinuing and closing the same and relocating a 15- foot alley as shown on the plat dated August 16, 1978, namely: A certain 15-foot alley located behind Windshield Glass Distributors Co., Inc., Tazewell Avenue, S. E., which alley runs in a generally east-west direction, said alley being designated by the shaded area on the attached plat dated August 16, 1978. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1978. No. 24373. AN ORDINANCE approving the City Manager's issuance of Change Order No. 4, as hereinafter set forth, to the City's contract with Bryant's Plumbing and Heating Corporation, for the construc- tion of the Trout Run Interceptor Sewer Line, Project No. C-510-493-01; providing for notification of the issuance of said change order to be given to the Virginia State Water Control Board and to the Environmental Protection Agency, and that subsequent formal approval of said change order be sought from the Virginia State Water Control Board and the Environmental Protection Agency, all as made and provided by rules, regulations and guidelines of said agencies; 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 of Roanoke, the following change order to the City's contract with Bryant's Plumbing and Heating Corporation, for the construction of the Trout Run Interceptor Sewer Line, Project No. C-510-493-01; viz: DESCRIPTION OF CHANGE ORDER: Change in Work - NO CHANGE + or - $ -.00 ORIGINAL CONTRACT AMOUNT: $ 888,185.00 CONTRACT AMOUNT w/ Change Order No. 1 $ 896,156.66 CONTRACT AMOUNT w/ Change Order No. 2 $ 904,511.66 CONTRACT AMOUNT w/ Change Order No. 3 $ 906,441.66 AMOUNT OF THIS CHANGE ORDER $ -.00 CONTRACT AMOUNT AFTER Change Order No. 4 $ 906,441.66 ADDITIONAL TIME ALLOWED BY CHANGE ORDER NO. 4 444 calendar days; 2. That the City Manager notify the State Water Control Board and the Regional Office of the Environmental Protection Agency of the issuance of the aforesaid change order in accordance with said agencies' rules, regulations and guidelines for such procedures, and request said agencies' approval of the same; 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 23rd day of October, 1978. No. 24374. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: Contingencies #1880 (1) ................................ $2,350,597.70 Parks & Recreation #1375 (2) ........................... 529,139.42 (1) Net decrease (A01188072006) (2) Net increase (A01137530050) $250.00 250.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED 165 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1978. No. 24375. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: Contingencies #1880 (1) ................................. $2,350,847.70 Law Library #1587 (2) ................................... 13,344.00 (1) Net decrease (A01188072012) (2) Net increase (A01158730047) $2,000.00 2,000.00 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 October, 1978. No. 24376. AN ORDINANCE to repeal Ordinance No. 24309, adopted August 28, 1978, and to adopt and provide a new Pay Plan for the employees of the City of Roanoke effective October 11, 1978; amending and modifying Ordinance No. 24159 to the extent herein provided; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Ordinance No. 24309, heretofore adopted by the Council on August 28, 1978, be and it is hereby REPEALED; 2. That there be and is hereby adopted by the Council and made applicable to all City employees on the City's payroll as of July 1, 1978, retroactive to the first day of July, 1978, and to such of them and others who are hereinafter provided for in this ordinance, the Pay Plan hereinafter set out as Schedule 1, which shall read and provide as follows: SCHEDULE I PAY PLAN FOR CITY OF ROANOKE EMPLOYEES RANGE A B C D E F A 5512.00 5785.00 6071.00 6370.00 6682.00 7033.00 B 212.00 222.50 233.50 245.00 257.00 270.50 H 2.650 2.781 2.919 3.062 3.212 3.381 A 5785.00 6071.00 6370.00 6682.00 7033.00 7397.00 B 222.50 233.50 245.00 257.00 270.50 284.50 H 2.781 2.919 3.062 3.212 3.381 3.556 A 6071.00 6370.00 6682.00 7033.00 7397.00 7787.00 B 233.50 245.00 257.00 270.50 284.50 299.50 H 2.919 3.062 3.212 3.381 3.556 3.744 A 6370.00 6682.00 7033.00 7397.00 7787.00 8177.00 B 245.00 257.00 270.50 284.50 299.50 314.50 H 3.062 3.212 3.381 3.556 3.744 3.931 A 6682.00 7033.00 7397.00 7787.00 8177.00 8593.00 B 257.00 270.50 284.50 299.50 314.50 330.50 H 3.212 3.381 3.556 3.744 3.931 4.131 7033.00 7397.00 7787.00 8177.00 8593.00 9035.00 270.50 284.50 299.50 314.50 330.50 347.50 166 RANGE 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 A B H A B H A B H A B H A B H A B H A B H A B H A B H m A B H A B H A B A B A B A B A B A B A B A B A B A B A B A B A 7397.00 284.50 3.556 7787.00 299.50 3.744 8177.00 314.50 3.931 8593.00 330.50 4.131 9035.00 347.50 4.344 9503.00 365.50 4.569 9971.00 383.50 4.793 10478.00 403.00 5.038 11011.00 423.50 5.294 110544.00 444.00 5.550 12116.00 466.00 5.825 12714.00 489.00 6.113 13351.00 513.50 14027.00 539.50 14716.00 566.00 15431.00 593.50 16224.00 624.00 17056.00 656.00 17901.00 688.50 18798.00 723.00 19734.00 759.00 20709.00 796.50 21762.00 837.00 22828.00 878.00 B 7787.00 299.50 3.744 8177.00 314.50 3.931 8593.00 330.50 4.131 9035.00 347.50 4.344 9503.00 365.50 4.569 9971.00 383.50 4.793 10478.00 403.00 5.038 11011.00 423.50 5.294 11544.00 444.00 5.550 12116.00 466.00 5.825 12714.00 489.00 6.113 13351.00 513.50 6.419 14027.00 539.50 14716.00 566.00 15431.00 593.50 16224.00 624.00 17056.00 656.00 17901.00 688.50 18798.00 723.00 19734.00 759.00 20709.00 796.50 21762.00 837.00 22828.00 878.00 23985.00 922.50 C 8177.00 314.50 3.931 8593.00 330.50 4.131 9035.00 347.50 4.344 9503.00 365.50 4.569 9971.00 383.50 4.793 10478.00 403.00 5.038 11011.00 423.50 5.294 11544.00 444.00 5.550 12116.00 466.00 5.825 12714.00 489.00 6.113 13351.00 513.50 6.419 14027.00 539.50 6.744 14716.00 566.00 15431.00 593.50 16224.00 624.00 17056.00 656.00 17901.00 688.50 18798.00 723.00 19734.00 759.00 20709.00 796.50 21762.00 837.00 22828.00 878.00 23985.00 922.50 25168.00 968.00 D 8593.00 330.50 4. 131 9035.00 347.50 4.344 9503.00 365.50 4.569 9971.00 383.50 4.793 10478.00 403.00 5.038 11011.00 423.50 5.294 11544.00 444.00 5.550 12116.00 466.00 5.825 12714.00 489.00 6.113 13351.00 513.50 6.419 14027.00 539.50 6.744 14716.00 566.00 7.075 15431.00 593.50 16224.00 624.00 17056.00 656.00 17901.00 688.50 18798.00 723.00 19734.00 759.00 20709.00 796.50 21762.00 837.00 22828.00 878.00 23985.00 922.50 25168.00 968.00 26429.00 1016.00 E 9035.00 347.50 4.344 9503.00 365.50 4.569 9971.00 383.50 4.793 10478.00 403.00 5.038 11011.00 423.50 5.294 11544.00 444.00 5.550 12116.00 466.00 5.825 12714.00 489.00 6.113 13351.00 513.50 6.419 14027.00 539.50 6.744 14716.00 566.00 7.075 15431.00 593.50 7.419 16224.00 624.00 17056.00 656.00 17901.00 688.50 18798.00 723.00 19734.00 759.00 20709.00 796.50 21762.00 837.00 22828.00 878.00 23985.00 922.50 25168.00 968.00 26429.00 1016.00 27742.00 1067.00 F 9503.00 365.50 4.569 9971.00 383.50 4.793 10478.00 403.00 5.038 11011.00 423.50 5.294 11544.00 444.00 5.550 12116.00 466.00 5.825 12714.00 489.00 6.113 13351.00 513.50 6.419 14027.00 539.50 6.744 14716.00 566.00 7.075 15431.00 593.50 7.419 16224.00 624.00 7.800 17056.00 656.00 17901.00 688.50 18798.00 723.00 19734.00 759.00 20709.00 796.50 21762.00 837.00 22828.00 878.00 23985.00 922.50 25168.00 968.00 26429.00 1016.00 27742.00 1067.00 29133.00 1120.50 A 23985.00 25168.00 26429.00 27742.00 29133.00 30602.00 B 922.50 968.00 1016.00 1067.00 1120.50 1177.00 167 RANGE A B C D E F 32 A 25168.00 26429.00 27742.00 29133.00 30602.00 32136.00 B 968.00 1016.00 1067.00 1120.50 1177.00 1236.00 33 A 26429.00 27742.00 29133.00 30602.00 32136.00 33735.00 B 1016.00 1067.00 1120.50 1177.00 1236.00 1297.50 34 A 27742.00 29133.00 30602.00 32136.00 33735.00 35438.00 B 1067.00 1120.50 1177.00 1236.00 1297.50 1363.00 35 A 29133.00 30602.00 32136.00 33735.00 35438.00 37219.00 B 1120.50 1177.00 1236.00 1297.50 1363.00 1431.50 36 A 30602.00 32136.00 33735.00 35438.00 37219.00 39065.00 B 1177.00 1236.00 1297.50 1363.00 1431.50 1502.50 37 A 32136.00 33735.00 35438.00 37219.00 39065.00 41015.00 B 1236.00 1297.50 1363.00 1431.50 1502.50 1577.50 38 A 33735.00 35438.00 37219.00 39065.00 41015.00 43069.00 B 1297.50 1363.00 1431.50 1502.50 1577.50 1656.50 provided, however, any adjustments required to be made on account of compensation heretofore received by any employee because of the retroactive nature of this pay plan shall apply to base pay only; 3. That Ordinance No. 24159, heretofore adopted on May 31, 1978, insofar as it established a Pay Plan for the employees of the City be and said ordinance is hereby amended and modified to the extent herein provided, on and after October 11, 1978; 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 October 11, 1978. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1978. No. 24377. A RESOLUTION approving certain emergency action of the City Manager, taken to provide for necessary replacement of a certain sewer main in the downtown section of the City. WHEREAS, the City Manager reported in writing to the Council on October 16, 1978, pursuant to the provisions of Sec. 41 of the Roanoke Charter, the immediate necessity to provide for replacement of a certain sewer main in the downtown section of the City, and said emergency requiring immediate action, he has taken certain actions and entered into certain agreements hereinafter mentioned providing for the employment of the necessary labor and purchase of the necessary materials and supplies to replace said sewer main so as to make it available for use in the interest of the preservation of the public health, without previously advertising or receiv- ing bids therefor. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That said Council doth hereby approve, ratify and confirm the steps taken by the City Manager in the emergency requiring immediate action in order to provide for replacement of a certain sewer main in the downtown section of the City, as set out and contained in the report and estimate of costs made by the City Manager to the Council October 16, 1978; and said Council doth hereby expressly approve and ratify the execution by the City Manager on behalf of the City of a contract with Lowe and Nelson, Plumbing and Heating Company, providing for said contractor's furnishing all of the necessary work, labor, equipment and machinery and materials to immediately replace a certain sewer main in the downtown Section of the City, said contractor to be compensated therefor by the City as set out in the estimate submitted to the Council, the aggregate sum of all of such compensation, however, not to exceed $30,273.00 without additional approval of the Council; and 2. That, as provided by the Roanoke Charter, separate accounts shall be kept of all such foregoing work and expenditures, and that later report shall be made back to the Council. APPROVED ATTEST: 168 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1978. No. 24378. A RESOLUTION appointing two (2) directors of the Industrial Development Authority of the City of Roanoke, Virginia, to fill four-year terms of office on its board of directors. WHEREAS, the Council is advised that the terms of office of two (2) of the directors of the Industrial Development Authority of the City of Roanoke, Virginia, expire on October 20, 1978; 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 Robert W. Woody and W. Bolling Izard, be and are reappointed directors on the board of directors of the Industrial Development Authority of the City of Roanoke, Virginia, for terms of four (4) years, each, commencing on October 21, 1978 and expiring October 20, 1982, to fill vacancies created by the expiration of the term of office of said members on said board occurring on October 20, 1978. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1978. No. 24379. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 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 Commonwealth Attorney #0710 (1) ........................ $201,258.00 Parks and Recreation #1375 (2) ......................... 530,327.43 Contingencies #1880 (3) ................................ 845,209.70 Revenue Grants-In-Aid Commonwealth (4) ........................ $8,596,782.04 CAPITAL PROJECTS FUND Appropriations Sewage Lateral Replacement (5) ......................... $949,071.06 Church Avenue Sanitary Sewer (6) ....................... 30,273.00 (1) Net increase (A01071010002) (2) Net increase (A01137530043) (3) Net decrease (A01188072006) (4) Net increase (R01065201) (5) Net decrease (A08360190001) (6) Net increase (A08360390065) .$14,000.00 1,438.00 9,438.00 6,000.00 30,273.00 30,273.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST APPROVED Mmvmr IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1978. No. 24380. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Harriett M. Waldrop to discontinue and close a certain alleyway, approximately 12.5 feet in width, being parallel to Third Street, S. W., extending from the southerly side of Elm Avenue, S.W., approximately 150.03 feet to the northerly side of a public alley, 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 October 26, 1978, 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 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, discontinued and closed and report in writing, as requested 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. Dale Poe, R. R. Quick, R. Lee Mastin, Fred DeFelice and L. Elwood Norris, 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, dis- continuing and closing the same, namely: BEING that certain alleyway approximately 12.5 feet in width extending through Block 12, Official Survey, Section S. W. - 2 as shown by Official City Tax Map No. 102, which said alleyway is approximately parallel to Third Street, S. W. extending from the southerly side of Elm Avenue, S. W. approximately 150.03 feet to the northerly side of a public alley, and being bounded on the west by Lots 1, 2, and 3, Block 12, Official Survey, Section S. W. - 2 and on the east by Lot 4, Block 12, Official Survey, Section S. W. - 2. BE IT FURTHER RESOLVED that the aforesaid application 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 May o r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1978. No. 24381. AN ORDINANCE authorizing amendment to a certain contract between the City and APCOA, Inc., dated March 31, 1978, to authorize a change in hours of operation for the Municipal Parking Garage and the fees charged for parking therein; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 170 1. That the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to enter into a written amendment of the City's contract with APCOA, Inc., dated March 31, 1978, such amendment to authorize free transient parking in the Municipal Parking Garage between the hours of 6:00 p.m. and 9:00 p.m., Monday through Saturday, on a 14-month trial basis beginning November 8, 1978, and ending January 8, 1980, and to further authorize APCOA, Inc., to keep the Municipal Parking Garage open and offer free parking after 9:00 p.m. when and if any merchant or group of merchants reach agreement with APCOA, Inc., providing for such additional parking hours and the payment of the expenses of APCOA, Inc., by such merchants for such additional hours; 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 6th day of November, 1978. No. 24382. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Parking Garage #1281 (1) ............................. $ 73,326.00 Contingencies #1880 (2) .............................. 2,326,997.70 (1) Net increase (A01128121010) ..... $13,500.00 (2) Net decrease (A01188072006) 13,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1978. No. 24384. A RESOLUTION delegating control over and use of certain City property lying within Jackson Park, more particularly designated on a map prepared by the Office of the City Engineer, Plan No. 12-75, dated October 26, 1978, and on file in the Office of the City Clerk, to the School Board of the City of Roanoke under certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That control over and use of the portion of Jackson Park within the broken lines on the map attached to the City Manager's report, dated November 6, 1978, and on file in the Office of the City Clerk, such map being prepared by the Office of the City Engineer, and designated Plan No. 12-75, dated October 26, 1978, is hereby delegated by the City to the Roanoke City School Board during the hours from 9:00 a.m. to 5:00 p.m., on school days only from August 20 of each year to June 10 of each next succeeding year; 2. That the School Board, its officers, agents and employees shall be authorized to regulate access to and use of the above-described park area by the general public in the same 171 manner as if the premises were fullyddedicated to the School Board for school purposes, and the Board, its officers, agents and employees shall be authorized to order any person to leave the designated premises and take appropriate action to see that the general law and City Code are enforced in the event of refusal by any person to leave the designated premises after having been requested so to do; 3. That the above-described premises shall be appropriately posted to advise the public of its status; and 4. That this resolution shall not be construed to constitute a dedication of any property to school use, and this resolution shall be effective until repealed or otherwise amended by this Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1978. No. 24385. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reor- dained to read as follows, in part: APPROPRIATIONS Materials Control #1311 (1) ............................ $ 504,121.62 Contingencies #1880 (2) ................................ 2,301,997.70 (1) Net increase (A01131120010) (2) Net decrease (A01188072006) ...... $25,000.00 25,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1978. No. 24386. AN ORDINANCE accepting a certain proposal and awarding a contract for the services of an insurance consultant, upon certain terms and conditions; rejecting certain other bids; 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 proposal of Betterley Consulting Group, Boston, Massachusetts, for conductinzll a complete analysis of the insurance positions of the City and school system and for makinm recommen-~?i dations regarding same, for the base bid amount of $25,000.00, be and il hereby ACCEPTED; u 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 contract with Betterley Consulting Group, the same to incorporate the terms and conditions of this ordinance, the bidder's proposal and the City's plans and specifications made therefor; said contract to be upon 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 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. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1978. No. 24387. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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. iii THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections ~!1 of the 1978-79 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: Unidentified Construction #2401 (1) ....................... $57,042.64 (1) Net increase (A04240191608) $18,600.00 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 6th day of November, 1978. No. 24388. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS: Parks & Recreation #1375 (1) .......................... $ 531,257.43 Contingencies #1880 (2) ............................... 2,340,479.70 (1) Net increase (A01137510008) .... $680.00 (2) Net decrease (A01188072006) 680.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 173 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1978. No. 24389. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: Sewage Lateral Replacement #3601 (1) ........................ $929,284.44 Fairland Lakes Sanitary Sewer #3616 (2) ..................... 237,967.36 (1) Net decrease (A08360190001) (2) Net increase (A08361690001) $19,786.62 19,786.62 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 November, 1978. No. 24390. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1, as hereinafter set forth, to the City's contract with Plecker Construction Company, for the construction of the Fairland Lake sanitary sewer system project; 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 of Roanoke, the following change order to the City's contract with Plecker Construction Company, for the construction of the Fairland Lake sanitary sewer project; viz: DESCRIPTION OF CHANGE ORDER: 8" Pipe 6" Pipe 8" Ductile Iron Pipe Change in Work Adjusted Remaining Work Unit Price 4505.5 L.F. $ 12.13 1019.0 L.F. $ 11.97 568 L.F. $ 11.97 Manholes (Reg) 25 Each Manholes (Drop) 1 Each Wyes - 45 deg. 8" x 6" 16 Each Trench Stabili- zation Matl. 1200 Ton Remobiliza- tion Concrete Piers Amount + $ 4,415.39 + $ 988.43 + $ 550.96 $ 544.00 + $ 1,100.00 $ 761.60 + 61.60 $ 32.64 + $ 42.24 $ 5.44 + $ 528.00 100% $5,000.00 8 Each TOTAL CHANGE ORDER NO. 1 + $ 5,000.00 + $ 7,100.00 $19,786.62 174 ORIGINAL CONTRACT AMOUNT AMOUNT OF CHANGE ORDER NO. 1 CONTRACT AMOUNT WITH CHANGE ORDER NO. 1 ADDITIONAL TIME ALLOWED BY CHANGE ORDER NO. 1 $ 187,767.85 $ 19,786.62 $ 207,554.47 30 calender days; 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 6th day of November, 1978. No. 24391. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 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) ............................... $15,195,781.04 Contingencies #1880 (2) ........................... 2,288,797.70 CIVIC CENTER FUND Appropriations: Capital Outlay From Revenue #2401 (3) ............. $ 17,032.58 Revenue: Non-operating Income (4) .......................... $ 622,176.00 (1) Net increase (A01185587405) .... $13,200.00 (2) Net decrease (A01188072006) 13,200.00 (3) Net increase (A05240190025) .... 13,200.00 (4) Net increase (R05224701) 13,200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 175 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1978. No. 24392. AN ORDINANCE to amend and reordain certain sections of the Grant Programs 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 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.E.T.A. Unobligated Funds #7825 (1, 2, & 3) ............ $ 472,289.23 REVENUE Department of Labor (4) ................................. $21,041,030.00 (1) Net increase (A35782572001) (2) Net increase (A35782572005) (3) Net increase (A35782572007) (4) Net increase (R35780101) $152,503.00 44,833.00 11,153.00 208,489.00 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 November, 1978. No. 24393. AN ORDINANCE providing for certain supplemental benefits under the Employees' Retirement System for a period of one year to certain persons receiving benefits prior to July 1, 1978, and assuring certain minimum benefits to members of such System who, on and after July 1, 1978, are eligible for retirement; providing for an effective date; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the retirement allowance payable on account of a member who retired prior to July 1, 1978, or the pension otherwise payable as of July 1, 1978, as the result of the death of a member or beneficiary prior to that date, shall effective December 31, 1978, retroactive to July 1, 1978, for a one-year period terminating on June 30, 1979, be increased by six and one-half per centum of itself and that the retirement allowance payable upon retirement on or after July 1, 1978, to a member of the System in service with the City shall not be less than the amount he would have received as a retirement allowance had he retired immediately prior to the effective date of this ordinance; provided, however, that such increase shall not apply to those members eligible for, but not receiving prior to July 1, 1978, a deferred vested benefit as defined in Section 6.1 of Chapter 1 of Title II, Code of the City of Roanoke (1956), as amended; 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 on and after July 1, 1978. APPROVED ATTEST: City Clerk Mayor 176 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1978. No. 24394. AN ORDINANCE to amend and reordain subsection (c), Application for exemption, of Section 15, Exemption of certain taxes on property of certain elderly and permanently and totally disabled persons, of Chapter 1, Current Taxes, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, so as to authorize the Commissioner of Revenue to permit the late filing of the affidavit required by this subsection for'first-time applicants or the late filing of such affidavit for other than first-time applicants in hardship cases; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That subsection (c), Application for exemption, of Section 15, Exemption of certain taxes on property of certain elderly and permanently disabled persons, of Chapter 1, Current Taxes, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, be, and said subsection is hereby amended and reordained so as to read and provide as follows: (c) Application for exemption. The owner or owners claiming such exemption shall file annually with the commissioner of revenue 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 ten thousand dollars, provided that the first four thousand dollars of income of each relative, other than spouse, of the owner, or owners, who is living in the dwelling shall not be included in such total, and that the total combined net worth of such owners and relatives as of the thirty-first day of December of the immediately preceding calendar year did not exceed thirty-five thousand dollars. Such affidavit shall be filed not later than the fifth day of February of each year; provided that the commissioner of revenue may permit the late filing of the affidavit required by this subsection for first-time applicants or the commissioner may permit late filing of such affidavit for other than first-time applicants in hardship cases. The commissioner of revenue shall make such further inquiry of persons seeking such exemption as may be reasonably necessary in determining the qualifications therefor. Such further inquiries shall be answered under oath. The commissioner of revenue may also require the production of certified tax returns to establish the income or financial worth of an applicant for tax relief. 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. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1978. No. 24395. AN ORDINANCE accepting a bid opened before the City Council on October 23, 1978, from W. J. Blane, for making repairs to the steps of the Campbell Avenue entrance to the Courthouse, upon certain terms and conditions; rejecting certain 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 as follows: 1. That the proposal of W. J. Blane made to the City offering to furnish all labor and materials necessary for the making of repairs to the steps of the Campbell Avenue entrance to the Courthouse, in accordance with the City's plans and specifications, and for a total lump sum price of $44,870.00, be and said proposal is hereby ACCEPTED; 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 contract with W. J. Blane, the same to incorporate the terms and conditions of this ordinance, the terms of the said bidder's proposal, and the City's plans and specifications for such work; said contract to be upon such form as is approved by the City Attorney; 177 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 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 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1978. No. 24396. A RESOLUTION waiving the rental fees and incidental charges for the use of Victory Stadium by the Roanoke Valley Chamber of Commerce for the Annual Sandlot Football Championship Playoff Games for 1978, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City waive the rental fees and incidental charges for the use of Victory Stadium by the Roanoke Valley Chamber of Commerce for the Annual Sandlot Football Championship Playoff Games for 1978; provided that the Roanoke Valley Chamber of Commerce provide the necessary insurance coverage for the games and make all net receipts from ticket sales available to the City's Department of Parks and Recreation for the purchase of sandlot football equipment; and 2. That the City Clerk be directed to transmit an attested copy of this resolution to Mr. John Kelley, Manager, Civic Department, Roanoke Valley Chamber of Commerce,. P. O. Box 20, Roanoke, Virginia. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1978. No. 24383. AN ORDINANCE authorizing and providing for lease by the City of a portion of a certain building located at 6th Street, S. W., in the City of Roanoke, to RADAR, to be used as office and operational facilities for providing transportation for elderly persons of the City, 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 written lease agreement on behalf of the City with RADAR for a portion of the former school administration maintenance facility located at 6th Street, S.W., in the City of Roanoke, for use as office and operational facilities for providing transportation services for elderly persons of the City for a one (1) year term; the rental value of said portion of said building having been determined to be $3,090.00 annually, the payment of which sum is hereby waived as to the lessee, the same being a portion of the 5% cash match or in-kind contributions required to be made by the City in the provision of transportation services to the elderly pursuant to certain grant obligations of the City made to the United States as provided by the Urban Mass Transportation Act; 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. APPRO~ED ATTEST: City Clerk Mayo r 178 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1978. No. 24397. AN ORDINANCE authorizing execution of a deed of release deleting certain provisions pertaining to land conveyed to The Burrell Memorial Hospital Association. WHEREAS, Resolution No. 3718, adopted by the Council on August 29, 1930, contains, among other things, the following provisions concerning Burrell Memorial Hospital: Said deed shall distinctly provide, however, that in the event of a sale or other disposition of said hospital real estate or in the event that a proper hospital with facilities at least equal to the present one shall cease to be operated upon said property, then and in such event the grantee shall reimburse the City for its original price paid for the said property, $5,000.00 but without interest thereon. WHEREAS, it is apparent to the Council that such provisions impose a substantial burden upon said hospital and may jeopardize the future improvement of the hospital facility; and WHEREAS, this Council deems that the securing of funds for the extension and improvement of the facilities at the said hospital would enable the Hospital Association to give more efficient care and treatment and would be of substantial benefit to the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the Mayor and City Clerk be, and they are hereby authorized and directed, for and on behalf of the City of Roanoke, to execute, seal and attest, respectively, a deed of release, upon form approved by the City Attorney, which deed shall release and relieve the said hospital from the above-referenced provisions contained in Resolution No. 3718; and 2. That the City Clerk shall transmit said deed of release to the Trustees of The Burrell Memorial Hospital Association. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1978. No. 24402. A RESOLUTION approving amendments to the By-Laws of Mental Health Services of the Roanoke Valley recommended by the Board of Directors of Mental Health Services on March 16, 1978. WHEREAS, Article XI of the By-Laws of Mental Health Services of the Roanoke Valley requires approval of the By-Laws of Mental Health Services by the governing bodies of the participating localities; and WHEREAS, by action taken March 16, 1978, the Board of Directors of Mental Health Services has recommended amendments to such By-Laws, and by letter dated September 28, 1978, from James A. Ford, Chairman of the Board of Directors of Mental Health Services such organization has requested approval of the recommended amendments to the By-Laws by this Council; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby approves the amendments to the By-Laws of Mental Health Services of the Roanoke Valley recommended by the Board of Directors of Mental Health Services on March 16, 1978, a copy of which is on file in the Office of the City Clerk. APPROVED ATTEST: Mayor City Clerk ~'~ 179 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1978. No. 24403. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 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 Contingencies #1880 (1) .......................... $ 2,245,359.70 Transfers #1855 (2) .............................. 15,188,381.04 CAPITAL PROJECTS FUND Appropriations Hunter Viaduct Widening #3213 (3) ................ $ 145,178.95 (1) Net decrease (A01188072006) .... $5,800.00 (2) Net increase (A01185587508) .... 5,800.00 (3) Net increase (A08321390001) 5,800.00 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 13th day of November, 1978. No. 24404. AN ORDINANCE accepting a proposal of Norfolk and Western Railway Company for the alteration of railroad utilities in conjunction with the widening of Hunter Memorial Viaduct; authorizing execution of a written agreement pertaining to such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of Norfolk and Western Railway Company to move and alter certain railroad utilities under the north end of Hunter Memorial Viaduct for a sum not to exceed $5,800.00, is hereby ACCEPTED; 2. That the City Manager be, and he is hereby authorized and directed to enter into a written agreement with Norfolk and Western Railway Company, upon form approved by the City Attorney, providing for the execution of such work; 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 180 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1978. No. 24405. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contingencies #1880 (1) .............................. $2,251,159.70 Management Information Services #1325 (2, 3, 4, 5) ......................... 640,536.00 (1) Net decrease (A01188072012) (2) Net increase (A01132520010) (3) Net increase (A01132510002) (4) Net increase (A01132520030) (5) Net decrease (A01132520055) $90,000.00 88,200.00 9,050.00 348.00 7,598.00 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 13th day of November, 1978. No. 24406. AN ORDINANCE relating to a payroll/personnel information system for the City and authorizing the City Manager to enter into a contract with a certain computer programming firm to provide such services 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 be, and he is hereby authorized and empowered, for and on behalf of the City to accept the proposal of Management Science of America (MSA), to provide for the City a payroll/personnel information system and to enter into requisite written agreement with Management Science of America (MSA) providing for implementation of such a system, including provisions for the establishment of computer programs for such system, and for other services in connection therewith, for the sum of $86,200.00 compensation, to be paid by the City to Management Science of America (MSA), for all such services; said contract to be, otherwise, upon 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 181 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1978. No. 24407. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: GRANT PROGRAMS FUND Community Development #6846 (1, 2, 3) ............... $9,161,015.02 (1) Net decrease (A35684696804) (2) Net decrease (A35684696803) (3) Net increase (A35684697101) ...... $10,000.00 7,000.00 17,000.00 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 13th day of November, 1978. No. 24408. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: GRANT PROGRAMS FUND Police Management Information Grant (76-A4184) #7423 (1, 2, 3, 4, & 5) ................... $76,783.00 (1) Net decrease (A35742310002) (2) Net decrease (A35742320030) (3) Net decrease (A35742323005) (4) Net decrease (A35742330070) (5) Net increase (A35742353801) $1,456.41 52.91 4.98 448.00 1,962.40 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 182 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1978. No. 24411. A RESOLUTION cancelling the regular meeting of the City Council scheduled to be held November 27, 1978. 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 27th day of November, 1978, at 2:00 p.m., at said Council's regular meeting place be, and said meeting is hereby CANCELLED. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1978. No. 24412. A RESOLUTION allocating joint use capacity in certain interceptor sewer lines of the City of Roanoke. WHEREAS, by certain contractual agreements entered into by and between City of Roanoke, the City of Salem, Roanoke County, Botetourt County, and the Town of Vinton, the joint use of certain sewer interceptors; to-wit, Roanoke River Interceptor and Tinker Creek Interceptor was contemplated and provided for; and WHEREAS, the aforesaid agreements provided that allocation of capacity as to each locality should be established. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the allocation of capacity as to each local government unit having joint-use rights in the Roanoke River Interceptor and the Tinker Creek Interceptor shall be as follows: Interceptor Point Capacity Roanoke Roanoke Roanoke Roanoke Accumulative Capacity (MGD) Reserved Ro. Co. Bot. Co. Vinton City of Ro. Upper Term. 16.00 4.96 2.00 0.00 0.00 9.04 Peters Creek Mud Lick Murray Run 26.00 4.96 2.20 0.00 0.00 18.84 Ore Branch 31.00 4.96 2.60 0.00 0.00 23.44 STP.at Limit. Sec. 39.00 4.96 2.60 0.00 0.00 31.44 Upper Term. 5.6 0.00 3.33 0.77 0.00 1.50 Rt. 460 5.9 0.00 3.33 0.77 0.00 1.80 Glade Creek 21.5 0.00 4.11 1.42 0.00 15.97 Vinton Con. 21.5 0.00 4.11 1.42 1.19 14.78 STP 21.5 0.00 4.11 1.42 1.19 14.78 Salem Tinker Tinker Tinker Tinker Tinker 2. That an attested copy of this resolution shall be forthwith forwarded to the City Manager of the City of Salem, the County Administrator of Roanoke County, the County Administrator of Botetourt County and the Town Manager of the Town of Vinton. APPROVED ATTEST: City Clerk Mayor 183 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1978. No. 24413. A RESOLUTION requesting the local governing bodies of the several jurisdictions of the Roanoke Valley causing sewage to be delivered to the City's Sewage Treatment Plant for treatment, to advise the City, as their interests may dictate, whether or not said localities wish to join the City in certain joint-use sewer interceptor construction projects. WHEREAS, the City of Roanoke is about to embark on certain sewer interceptor construction projects; to-wit, Ore Branch Sewer Interceptor, Glade Creek Sewer Interceptor and Tinker Creek Sewer Interceptor; and WHEREAS, pursuant to certain contractual agreements entered into by and between the several local governing bodies aforesaid, such construction projects are subject to be being joint-use projects should the jurisdictions which can be served by such projects wish to share in the cost of such projects. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager be and he is hereby authorized to take all necessary action to cause Ore Branch Sewer Interceptor, Glade Creek Sewer Interceptor and Tinker Creek Sewer Interceptor to proceed to construction with all deliberate speed; 2. That the City Manager, by causing an attested copy of this resolution to be transmitte< to the affected localities, inform the governing bodies of such localities that it is the sense of the City Council that the aforesaid sewer interceptor construction projects are susceptible to being joint-use sewer interceptors and that the governing bodies of the localities that may make joint use of such interceptors upon completion of such construction advise the City on or before January 2, 1979, by official action of such governing body, as to whether or not such locality wishes to participate with the City in a joint-use construction project, and the amount of such participation in terms of capacity needed, it being anticipated that construction cost will be allocated based on the capacity requested; as to any or all of the said projects; to- wit, Ore Branch Sewer Interceptor, Glade Creek Sewer Interceptor and Tinker Creek Sewer Interceptor. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1978. No. 24414. A RESOLUTION authorizing and directing the City Manager to request the County of Roanoke and/or the Roanoke County Public Service Authority to reimburse the City for a proportionate part of the cost of construction of a certain joint-use sewer interceptor being constructed for the benefit of both the City of Roanoke and the County of Roanoke, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager be and he is hereby authorized and directed to forthwith request that the County of Roanoke and/or the Roanoke County Public Service Authority formally agree to pay a proportionate part of the local cost of the Ore Branch Sewer Interceptor segment presently under construction, which proportionate part of the cost requested to be paid is stated as a percentage figure of the various segments of said interceptor as follows: l) Main segment from the Roanoke River Interceptor to division point for the 220 and 419 mains. City of Roanoke County 22.1% 77.9% 2) 220 segment 48.5% 51.5% 3) 419 segment towards Starkey 0% 100%; such costs to be paid as and when billed to the County of Roanoke and/or the Roanoke County Public Service Authority by the City. 184 2. That the City Manager be and is hereby authorized to advise Roanoke County and/or Roanoke County Public Service Authority that the City shall reimburse the County and/or the Roanoke County Public Service Authority a proportionate part on the percentage basis hereinabove set out of all grant funds hereafter received by the City on account of the construction of the Ore Branch Sewer Interceptor as a joint-use project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1978. No. 24398. 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. 266, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have two adjoining parcels of land 440 feet in depth, containing 3.94 acres, more or less, known as 3605 and 3619 Melrose Avenue, and further described as Part of Lots 4 and 5 on the Van deVyver Map, being a portion of Official Tax Nos. 2660103 and 2660102, rezoned from C-i, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from C-i, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 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 13th day of November, 1978, 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 here- inafter 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. 266 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on the North side of Melrose Avenue, and more particularly described as follows: Parcel 1 BEGINNING at a point on the northerly side of Melrose Avenue, corner to property of Caru Realty Company; thence with the northerly side of Melrose Avenue N. 64 deg. 39' 58" W. 306.85 feet to a point, corner to property of the Mary Moses Souma heirs; thence leaving Melrose Avenue and with the line of the Mary Moses Souma heirs' property, N. 21 deg. 38' E. 440 feet, more or less, to a point on the zoning district boundary line hereafter described; thence with the zoning district boundary line dividing the property of Petitioners into a C-l, Office and Institutional District, on the South and an RS-3, Single-Family Residential District, on the North, S. 64 deg. 39' 58" E. 315 feet, more or less, to a point on the line of the property of Caru Realty Company; thence with the line of the same S. 22 deg. 34' 42" W. 440 feet to the place of BEGINNING, and containing 3.10 acres, more or less; 185 Parcel 2 BEGINNING at a point on the northerly side of Melrose Avenue, corner to property of Marie Hott; thence with the northerly side of Melrose Avenue N. 64 deg. 39' 58" W. 83.15 feet to a point; thence leaving Melrose Avenue and with the line of the other property of the Mary Moses Souma heirs and with a new division line through property of the Mary Moses Souma heirs N. 17 deg. 50' W. 440 feet, more or less, to a point on the zoning district boundary line hereafter described; thence with the zoning district boundary line dividing the property of these Petitioners into a C-i, Office and Institutional District, to the South, and an RS-3, Single-Family Residential District, to the North, which line is parallel to the northerly side of Melrose Avenue and approximately 440 feet distant therefrom, to a point on the line of property of Marie Hott; thence with the line of the Hott property S. 21 deg. 38' W. 440 feet, more or less, to the place of BEGINNING, and containing 0.84 acre, more or less, and designated on Sheet 266 of the Sectional 1976 Zone Map, City of Roanoke, as a portion of Official Tax Nos. 2660103 and 2660102, be, and is hereby, changed from C-i, Office and Institutional District to C-2, General Commercial District, and that Sheet No. 266 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1978. No. 24399. AN ORDINANCE permanently vacating the plat of subdivision of Lots 1-5, Block 16, Lots 1-5, Block 17, and Lots 7 and 8, Block 22, Map of Arrow Wood, as more particularly described hereinafter. WHEREAS, Builders Investment Group, a real estate investment trust, has heretofore filed its application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting Council to permanently vacate a portion of the plat of subdivision of Arrow Wood owned by said Builders Investment Group, as more particularly described hereinafter; and WHEREAS, Council at its meeting on October 2, 1978, referred said application to the City Planning Commission, which, after giving due and timely notice thereof as required by Section 15.1-431 of the Code of Virginia of 1950, as amended, and having a hearing at its regular meeting on October 18, 1978, recommended that the requested vacation of said portion of the plat of sub- division of Arrow Wood be approved; and WHEREAS, a public hearing was held on said application before Council at its regular monthly meeting on November 13, 1978, after due and timely notice thereof by publication in The Roanoke Times & World-News as required by Section 15.1-431 of the Code of Virginia of 1950, as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the vacation of the hereinafter described portion of the plat of subdivision of Arrow Wood have been properly notified; and WHEREAS, from all of the foregoing, Council considers that, if the portions of Highland Farm Road, N. W., and Countryside Road, N. W., are excepted from the effect of such vacation as hereinafter provided, no inconvenience will result to any individual or to the public from permanent vacating said portion of the plat of subdivision of Arrow Wood and that no owner of any lot shown on the plat of subdivision of Arrow Wood will be irreparably damaged by such vacation as applied for by Builders Investment Group and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that portion of the plat of subdivision of Arrow Wood known as Lots 1-5, Block 16, Lots 1-5, Block 17, and Lots 7 and 8, Block 22, Map of Arrow Wood (recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 6, page 93), situate in the City of Roanoke, Virginia, and designated by Official Tax Nos. 6431601, 6431602, 6431603, 6431604, 6431605, 6471701, 6471702, 6471703, 6471704, 6471705, 6472207, and 6472208, respectively, be, and it hereby is, permanently vacated in accordance with Section 15.1-482(b) of the Code of Virginia of 1950, as amended; PROVIDED, HOWEVER, that the interest of the public in and to Highland Farm Road, N. W., and the portion of Countryside Road, N. W. (formerly Arrow Wood Road, N.W.), from its intersection with Highland Farm Road in a southerly direction to its intersection with Ferncliff Avenue, N. W., 186 located within the boundaries of the portion of the plat of subdivision of Arrow Wood hereby vacated shall be preserved and retained and excepted from the operation of the vacation hereby made. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "vacated" on said portion of the plat of subdivision of Arrow Wood on all maps and plats on file in his office on which said subdivision 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 Clerks of the Circuit Courts of the City of Roanoke, Virginia, and the County of Roanoke, Virginia, in accordance with the provisions of Section 15.1-482(b) of the Code of Virginia of 1950, as amended, certified copies of this ordinance for recordation in the Deed Books in said Clerks' Offices, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Builders Investment Group, as Grantee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1978. No. 24400. AN ORDINANCE permanently vacating, discontinuing and closing certain alleyways located adjacent to Hurt Park, which are more particularly described hereinafter. 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 Council to permanently vacate, discontinue, and close those certain alleyways, which are more particularly described hereinafter; and ~EREAS, the City of Roanoke Redevelopment and Housing Authority did on September 20, 1978, 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 City of Roanoke (Campbell Avenue entrance) and at the Campbell Avenue and Salem Avenue entrances of the Market House in the City of Roanoke, all of which is verified by affidavit of the City Sheriff appended to the application; and WHEREAS, more than ten 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, viewers were appointed by the Council by Resolution No. 24350, dated October 2, 1978, to view the hereinafter described alleyways sought to be permanent vacated, discontinued and closed and to report in writing whether or not in their opinion any incon- venience would result from formally vacating, discontinuing and closing said alleyways; and WHEREAS, it appearing from the written report of the viewers dated October 17, 1978, and filed with the City Clerk on October 20, 1978, that no inconvenience would result either to an individual or to the public from vacating, discontinuing and closing permanently said alleyways; and WHEREAS, Council at its meeting on October 2, 1978, referred said application to the City Planning Commission, which, after giving proper notice to all concerned and having a hearing at its regular meeting on October 18, 1978, recommended that the requested closing of the alleyways be approved; and WHEREAS, a public hearing was held on said application before Council at its regular monthly meeting on November 13, 1978, 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 closing of the hereinafter described alleyways have been properly notified; and WHEREAS, from all the foregoing, Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said alley- ways, as applied for 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 alleyways located adjacent to Hurt Park and situate in the City of Roanoke, Virginia, described as follows: Y 187 I BEING all of that thirty-foot alley shown on City Appraisal Map #121, extending in a westerly direction from Fifteenth Street, S. W., to Hurt Park, Official Tax No. 1210320, said alley being bounded on the north (120 feet, more or less) by the southerly boundary of the northerly portion of Lot 29, Block 2, R. J. Wright Map, Official Tax No. 1210924, and on the south (120 feet, more or less) by the northerly boundary of the southerly portion of Lot 29, Block 2, R. J. Wright Map, Official Tax No. 1210925. II BEING all of that ten-foot alley shown on City Appraisal Map #121, extending in a southerly direction from the alley described in I above to the extended southerly boundary of Lot 16, Block 2, R. J. Wright Map, Official Tax No. 1210937, said alley being bounded on the west (540 feet, more Or less) by the easterly boundary of Hurt Park, Official Tax ~No. 1210320, and on the east (540 feet, more or less) by the westerly bound- aries of Lots 29 (part), 28, 27, 26, 25, 23, 22, 21, 20, 19, 18, 17, and 16, Block 2, R. J. Wright Map, Official Tax Nos. 1210925, 1210926, 1210944, 1210927, 1210928, 1210929, 1210930, 1210931, 1210932, 1210933, 1210934, 1210935, 1210936, and 1210937. III BEING all of that ten-foot alley shown on City Appraisal Map #121, extending in a westerly direction from Fifteenth Street, S. W. to the extended westerly boundary of Lot 11, Block 2, R. J. Wright Map, Official Tax No. 1210938, said alley being bounded on the north (250 feet, more or less) by the southerly boundary of Lot 16, Block 2, R. J. Wright Map, Official Tax No. 1210937, the southerly end of the alley described in II above, and a portion of the southerly boundary of Hurt Park, Official Tax No. 1210320, and on the south (250 feet, more or less) by the northerly boundaries of Lots 15, 14, 13, 12, and 11, Block 2, R. J. Wright Map, Official Tax Nos. 1210943, 1210941, 1210940, 1210939, and 1210938. IV BEING all of .that ten-foot alley shown on City Appraisal Map #121, extending between the easterly fifty feet of Lot 14, Block i, R. J. Wright Map, Official Tax No. 1210333, and Hurt Park, Official Tax No. 1210320. V BEING all of that ten-foot alley shown on City Appraisal Map #121, extending in a westerly direction from the extended easterly boundary of Lot 9, Block 1, R. J. Wright Map, Official Tax No. 1210336, to the ex- tended westerly boundary of Lot 3, Block 2, Rorer Heirs Map, Official Tax No. 1210711, said alley being bounded on the north (310 feet, more or less) by a portion of the southerly boundary of Hurt Park, Official Tax No. 1210320, and on the south (310 feet, more or less) by the northerly bound- aries of Lot 9, Block 1, R. J. Wright Map, and Lots 8, 7, 6, 5, 4, and 3, Block 2, Rorer Heirs Map, Official Tax Nos. 1210336, 1210716, 1210715, 1210714, 1210713, 1210712, and 1210711. VI BEING all of that approximately twenty-foot alley shown on City Appraisal Map #121, extending in a northeasterly direction from Salem Avenue, S. W., to Hurt Park, bounded on the east (150 feet, more or less) by the westerly boundary of Lot 3, Block 2, Rorer Heirs Map, Official Tax No. 1210711, and on the west (150 feet, more or less, with a curve to the right) by the easterly boundary of the easterly portion of a tract of land containing 8.55 acres and bearing Official Tax No. 1210634. be, and they hereby are, permanently vaCated, discontinued and closed as public alleyways; 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, unto the City of Roanoke an easement for any sewer lines or water mains and other public utilities that may now be located across said alleyways, 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 abandon- ment of use or permanent removal from said alleyways 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 alleyways on all maps and plats on file in his office on which said alleyways 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 in the 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 any other party in interest who may so request, as Grantee. APPROVED 188 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1978. No. 24401. AN ORDINANCE amending and reordaining 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, by adding a new Article VII.i, Conditional Zoning, providing for conditional amendments to the City's zoning ordinance in special circumstances. BE IT ORDAINED by the Council of the City of Roanoke that 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 amended by and reordained with the addition of a new Article numbered VII.i, Conditional Zoning, to read and provide as follows: ARTICLE VII. 1. CONDITIONAL ZONING. Sec. 54.1. Amendments to Zoning Chapter. Whenever it appears that the zoning methods and procedures provided for elsewhere in this chapter may prove to be inadequate in regard to a particular zoning reclassification, and when a more flexible and adaptable zoning method is deemed necessary, amend- ments to this chapter may be allowed subject to certain conditions that are not generally applicable to land similarly zoned. Sec. 54.2. Conditions. (a) When amendments to this chapter are proposed by petition of a property owner pursuant to Section 67 of this chapter, such petition may include the voluntary proffering in writing of reason- able conditions to attach to the reclassification or rezoning of his property, in addition to the regulations already pertaining to the applicable zoning district. (b) Any conditions proffered by petition of a property owner must be made prior to the public hearings provided for by Section 70 of this chapter and must adhere to the following standards: (1) the rezoning itself must give rise for the need for the conditions; (2) such conditions shall have a reasonable relation to the rezoning; (3) such conditions shall not include a cash contribution to the City; (4) such conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in Section 15.1-466(f), Code of Virginia (1950), as amended; (5) such conditions shall not include payment for or construction of off-site improvements except those provided for in Section 15.1-466(j), Code of Virginia (1950), as amended; (6) no condition shall be proffered that is not related to the physical development or physical operation of the property; and (7) all such conditions shall be in conformity with the City's comprehensive plan. Sec. 54.3 Enforcement; orders; legal action; guarantees. The zoning administrator shall be vested with all necessary authority to administer and enforce conditions attached to a conditional amendment to this chapter, including: (a) the ordering in writing of the remedy of any noncompliance with such conditions; (b) the referral of any noncompliance to the city attorney with a request for appropriate legal action to insure compliance with such conditions, including injunction, abatement, or other appropriate action or proceeding; and (c) requiring a guarantee, satisfactory to the City Council, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contrac- tor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the zoning administrator upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part. Failure or refusal to meet or comply with any and all conditions imposed as a condition of rezoning shall constitute cause to deny the issuance 189 Sec. 54.4. Zoning map; Conditional Zoning Index. The Official 1976 Zoning Map, City of Roanoke, shall show by an appropriate symbol or symbols the existence of conditions attaching to the zoning on the map. The zoning administrator shall keep in his office and make available for public inspection a Condi- tional Zoning Index. The Index shall provide ready access to the ordinance creating conditions in addition to the regulations provided for in a particular zoning district or zone. Sec. 54.5. Appeals. Any zoning applicant who is aggrieved by any decision of the zoning administrator pursuant to the provisions of Section 54.3 may petition the Board of Zoning Appeals for a review of the decision o[ the zoning administrator in accordance with Section 58 of this chapter. Sec. 54.6. Amendment or variation of conditions. There shall be no amendment or variation of conditions created pursuant to the provisions of this section until after a public hearing before the City Council advertised pursuant to the provisions of Section 15.1-431, Code of Virginia (1950), as amended. APFROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1978. No. 24409. AN ORDINANCE amending and reordaining Chapter 1, General Provisions, of Title VII, Public Schools, of the Code of the City of Roanoke (1956), as amended, by adding new sections numbered 3.2, 3.3, 3.4, 3.5, 3.6 and 3.7 establishing a new procedure for the election of School Board trustees; repealing Section 3.1, establishing the former procedure for election of School Board trustees. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Chapter 1, General Provisions, of Title VII, Public Schools, of the Code of the City of Roanoke (1956), as amended, be and said chapter is hereby amended and reordained by the addition of new sections numbered 3.2, 3.3, 3.4, 3.5, 3.6 and 3.7 to read and provide as follows: Sec. 3.2. Initial announcement of intention to elect school trustees. On or before February 15 of each year, Council shall announce its intention to elect trustees of the Roanoke City School Board for terms commencing July 1 through (1) public announcement of such intention at two consecutive regular sessions of the Council and (2) advertisement of such intention in a newspaper of general circulation in the City twice a week for two consecutive weeks. At least one of the required advertise- ments shall be in a Sunday edition of the newspaper selected. Such advertisements shall be no less than 4 inches by 3 inches in size and shall not be located in the legal notices section of the newspaper. The mass media shall be encouraged to make public service announcements of the impending election of school trustees and the selection procedures required by this Code. Sec. 3.3. Applications for school trustees. Council shall select school trustees only from among those persons, including incumbent trustees, who have declared their candidacy by filing the application required by this section with the Office of the City Clerk by March 10 of each year. All applications shall be on a form prescribed by Council and supplied by the City Clerk. Applications, once filed in the Office of the City Clerk, shall be open to public inspection. Upon a candidate's filing the application required by this section for the office of school trustee, the City Clerk shall supply such candidate with written information prescribed by Council describing the duties and responsibilities of the trustees of the Roanoke City School Board. 190 Sec. 3.4. Preliminary screening of candidates for school trustee. (a) On or before March 20 of each year, Council shall hold an informal meeting, which shall be open to the public, with all candidates for school trustee. The City Clerk shall notify all candidates of the date, time and place of such meeting. (b) On or before March 31 of each year, Council, as a Committee of the Whole, shall, at a regular or special meeting, review and consider all candidates for the position of school trustee. At such meeting, Council shall review all applications filed in accordance with Section 3.3 of this chapter for the position of school trustee, and Council may elect to interview candidates for such positions. (c) On or before April 20 of each year, Council shall, by public vote, select from the field of candidates those candidates to be accorded the formal interview required by Section 3.5 of this chapter, and all other candidates shall be eliminated from the school trustee selection process. The number of candidates to be granted the interview required by Section 3.5 of this chapter shall not exceed three times the number of positions available on the Roanoke City School Board should there be so many candidates. Sec. 3.5. Formal interview of candidates. (a) On or before April 30 of each year, Council shall hold a meeting for the purpose of conducting a public interview of the remaining candidates for the position of school trustee. Public notice of such meeting shall be published once in a newspaper of general circulation in this City at least ten days prior to the date of such meeting. Such notice shall advise the public of the right to submit proposed questions to the remaining candidates by filing written questions in the Office of the City Clerk at least five working days prior to the meeting at which the public interview required by this section will be held. Each of the final candidates for the position of school trustee shall be notified of the date, time and place for such public interview by the City Clerk. (b) At such meeting held for the purpose of conducting public interviews, Council shall publicly interview each remaining candidate separately and out of the presence and hearing of other candidates. Interview of candidates shall take place in alphabetical order based on the first letter of the last name of the candidates. Each candidate shall be given the opportunity to make an opening statement of not more than five minutes. Thereafter, Council may ask such questions, including written questions filed in the Office of the City Clerk at least five working days prior to the public interview required by this section, as Council, in its discretion, deems advisable. Sec. 3.6. Election of school trustees. Subsequent to the public interview required by Section 3.5 of this chapter and on or before May 15 of each year, Council shall hold an election at a regular or special session of the Council to fill the vacancies on the Roanoke City School Board. Sec. 3.7. vacancies other than regular vacancies. In case of a vacancy on the Roanoke City School Board other than through the ordinary expiration of a term, Council shall fill the vacancy for the unexpired portion of the term through the procedure established by Section 4(e) of Chapter 4 of Title II of this Code, and the selection procedure established by Sections 3.2 through 3.6 of this chapter shall have no applicability. 2. That Section 3.1, Procedure for election of school trustees, of Chapter 1, General Provisions, of Title VII, Public Schools, of the Code of the City of Roanoke (1956), as amended, be and is hereby repealed. APPROVED ATTEST: City Clerk Mayor 191 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1978. No. 24410. AN ORDINANCE authorizing and providing for the lease by the City of Airport Building #10 and approximately 89,100 square feet of adjacent general aviation ramp space to Piedmont Aviation, 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 Piedmont Aviation, Inc., leasing to said corporation Airport Building #10 and approximately 89,100 square feet of adjacent general aviation ramp space for an initial term of five (5) years, beginning on October 1, 1978, with an option to renew for an additional five (5) year period, at a monthly rental rate of $100.00 per month for Airport Building #10 and at a yearly rate of $500.00 for the said ramp space during the initial term, all upon certain terms and conditions more particularly set forth in the report of the Airport Advisory Commission dated November 13, 1978; 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 4th day of December, 1978. No. 24415. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS City Manager #201 (1) .................................. $ City Attorney #301 (2) ................................. Personnel Management #511 (3) .......................... Engineering, Planning, and Building Inspection #1248 (4, 5) ............................... Administration and Public Safety #1301 (6) .~ ............ Management Information Systems #1325 (7) ............... 235,700.50 175,042.00 145,577.00 830,445.00 50,173.00 643,153.00 Police Department #1345 (8, 9, 10) ..................... 3,204,270.00 Parks and Recreation #1375 (11) ........................ 532,057.43 Juvenile Detention Home #1527 (12) ..................... 248,115.00 Social Services #1537 (13, 14) ......................... 4,944,014.00 Food Stamp Authorization #1538 (15) .................... 168,046.00 Nursing Home #1539 (16) ................................ 465,226.00 Libraries #1585 (17) ................................... 680,710.00 Street Maintenance #1658 (18) .......................... 1,968,401.00 Building Maintenance #1664 (19) ........................ 2,403,033.00 Ground Maintenance #1666 (20) .......................... 1,053,703.00 Motor Vehicle Maintenance #1671 (21) ................... 980,206.00 Fire Department #1347 (22) ............................. 3,572,606.00 Contingencies #1880 (23) ............................... 1,837,409.96 (1) Net increase (A01020190005) (2) Net increase (A01030190005) (3) Net ~ncrease (A01051190005) (4) Net mncrease (A01124890005) (5) Net increase (A01124890010) (6) Net mncrease (A01130190010) (7) Net mncrease (A01132590005) (8) Net mncrease (A01134590005) (9) Net mncrease (A01134590010) (10) Net increase (A01134590020) (11) Net ~ncrease (A01137590005) (12) Net ~ncrease (A01152790020) (13) Net mncrease (A01153790005) $ 15,125.00 9,500.00 950.00 16,315.00 26,000.00 5,800.00 2,617.00 3,964.00 4,595.00 569.00 800.00 2,100.00 8,795.00 192 (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) Net increase (A01153790020) Net increase (A01153890005) Net increase (A01153990020) Net mncrease (A01158590020) Net increase (A01165890020) Net increase (A01166490010) Net mncrease (A01166690020) Net increase (A01167120035) Net increase (A01134790010) Net decrease (A01188072012) $ 1,930.00 1,900.00 3,411.00 1,350.00 6,300.00 47,465.00 12,452.00 14,020.00 160,000.00 345,958.00 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 December, 1978. No. 24416. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 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: Contributions and Subsidies #1832 (1, 2) ........... $ 1,812,995.00 Transfers #1855 (3) .......... ' .... '. ................. 15,151,581.04 CAPITAL PROJECTS FUND Appropriations: Capital Improvement Reserve #6001 (4) .............. 4,009,000.00 (1) Net increase (A01183270710) (2) Net increase (A01183270714) (3) Net decrease (A01185587508) (4) Net decrease (A08600172501) $25,000.00 25,000.00 50,000.00 50,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 193 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1978. No. 24417. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Fire #1347 (1) ...................................... $3,413,657.74 Contingencies #1880 (2) ............................. 2,183,367.96 (1) Net increase (A01134730050) (2) Net decrease (A01188072006) $1,051.74 1,051.74 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 December, 1978. No. 24418. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Parks & Recreation #1375 (1) ....................... $ 534,717.43 Contingencies #1880 (2) ............................ 2,184,419.70 (1) Net increase (A01137510008) (2) Net decrease (A01188072006) $3,460.00 3,460.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor 1,94 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1978. No. 24419. AN O~DINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS: C.E.T.A. Unobligated Funds #7825 (1,2,3,4,5) ............ $3,093,795.00 REVENUE: C.E.T.A. Unobligated Funds #7801 (6) .................... 3,093,795.00 (1) Net increase (A35782572001) (2) Net increase (A35782572005) (3) Net increase (A35782572007) (4) Net increase (A35782572002) (5) Net increase (A35782572006) (6) Net increase (R35780101) $1,340,123.00 388,972.00 52,945.00 557,615.00 754,140.00 3,093,795.00 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 December, 1978. No. 24420. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS: Sheriff's Training (79-A4792) #7482 (1,2,3) ............... $11,633.00 REVENUE: Sheriff's Training (79-A4792) #7482 (4,5) ................. 11,633.00 (1) Net increase (A35748220010) (2) Net increase (A35748223005) (3) Net increase (A35748290020) (4) Net increase (R35748221) (5) Net increase (R35748231) $ 2,400.00 6,499.00 2,734.00 11,051.00 582.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clmrk Mavor 195 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1978. No. 24421. A RESOLUTION authorizing the acceptance of Law Enforcement Grant No. 79-A4792 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 providing an on-going training program for the Roanoke 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. 79-A4792 in the total amount of $11,633.00, consisting of $10,470.00 from DJCP Block Funds, $581.00 from DJCP General Funds, and $582.00 from a local cash match, for the purpose of providing an on-going training program for the Roanoke 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. 79-A4792; and 3. That 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, VIRGINIA, The 4th day of December, 1978. No. 24422. A RESOLUTION stating the intention of the City Council to proceed with the necessary alterations and additions to the Roanoke Juvenile Detention Home to meet minimum State standards, upon certain terms and conditions, and authorizing the City Manager to communicate such intention to the State Department of Corrections seeking a commitment of said department to reimburse the City fifty percent (50%) of all expenditures relating to such alterations and additions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Council does hereby state and declare its intention to proceed with the necessary alterations and additions to the Roanoke Juvenile Detention Home required to meet minimum State standards upon the express condition that the State Department of Corrections agree to reimburse the City fifty percent (50%) of.all expenditures made in and about such alterations and additions; and 2. That the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to forthwith forward an attested copy of this resolution to the State Department of Corrections, seeking a commitment, in writing, from said State Department of Corrections whereby said Department shall agree to reimburse the City fifty percent (50%) of all expenditures made by the. City in and about the necessary alterations and additions to the Roanoke Juvenile Detention Home required to meet minimum State standards for such facilities. APPROVED ATTEST: City Clerk Mayor 196 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1978. No. 24424. A RESOLUTION authorizing agreements to be entered into with other political subdivisions relating to said others' use of Outreach Detention Services. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager be and he is hereby authorized and directed to extend to the proper authorities of the counties of Alleghany, Bath, Botetourt, Roanoke and Craig, and to the cities of Clifton Forge, Covington and Salem, the City's offer to enter into written agreement with said other jurisdictions, in a form acceptable to the City Attorney, for the City to accept, detain and board at the Roanoke Juvenile Detention Home located at Route 1, Box 479, Roanoke, Virginia, in Botetourt County, provided space therein is available, juveniles brought from such other jurisdictions on proper and legal detention order. Such agreement shall further provide, inter alia, that said jurisdictions shall pay to the City for each day each such child is detained an amount equal to the local per diem cost of operating the Outreach Detention program for the prior fiscal year, which amount is currently $2.91 per day per child, but said amount to be adjusted and changed on the first day of January, 1980, and each and every year thereafter during the time such agreements remain in effect to the amount of the local per diem cost of operating the program for the past fiscal year, and such agreements shall be terminable by either party upon ten (10) days written notice to the other; and 2. That the City Manager be, and he is hereby authorized and directed to notify contracting jurisdictions that the previous contracts pertaining to use of the Roanoke Juvenile Detention Home will be terminated. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1978. No. 24425. AN ORDINANCE authorizing the City Manager to enter into a certain lease amendment dated November 1, 1978, whereby the City shall lease certain additional office space in the Jaro House Building located at 308 Second Street, S. W., in the City of Roanoke, from the owner of said property, to be used as office accommodations for certain administrative employees 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 Manager be, and he is hereby authorized to enter into a certain written lease amendment dated September 1, 1978, on behalf of the City with Jaro Ltd., to provide for the lease of approximately 575 square feet of additional office space on the second floor of the building known as the Jaro House Building located at 308 Second Street, S. W., in the City of Roanoke, for use as office space for administrative personnel of the City in connection with the administration of the CETA program in the City for the remainder of the term set out in that certain lease agreement dated March 2, 1977, and heretofore amended by lease amendment dated November 7, 1977, at a monthly rental for approximately 1,175 square feet of space of $400.00 ($4,800.00 annually) upon the express condition that the lease dated March 2, 1977, as amended November 7, 1977, remain in full force and effect as to all and singular the remaining provisions thereof, such amendment to otherwise be 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 197 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1978. No. 24426. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: City Council #0101 (1) ............................... $ 82,725.00 Contingencies #1880 (2) .............................. 2,179,083.96 (1) Net increase (A01010120040) (2) Net decrease (A01188072006) $4,284.00 4,284.00 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 December, 1978. No. 24427. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS: Education #1901 (1) ......... ' ...................... $28,098,493.00 REVENUE: School Revenue #1900 (2) .......................... 14,967,523.00 (1) Net increase (A01190175001) $199,999.00 (2) Net increase (ROll91001) 199,999.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 198 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1978. No. 24428. AN ORDINANCE to amend and reordain Section 2, Applications, of Chapter 12, Special Use Assessment and Taxation for Certain Real Estate Devoted to Agricultural Use, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, providing for late filing of the applications required by this section under certain circumstances upon payment of a late filing fee and pro- viding for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 2, Applications, of Chapter 12, Special Use Assessment and Taxation for Certain Real Estate Devoted to A~ricultural Use, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, be, and said section is hereby amended and reordained so as to read and provide as follows: Sec. 2. Applications. (a) Such application shall be on forms provided by the State Department of Taxation and supplied by the Assessor and shall include such additional schedules, photographs, and drawings as may be required by the Assessor. Ail record owners of the real estate described in the application shall execute such application; pro- vided, however, an individual who is the owner of an un- divided interest in a parcel may apply on behalf of him- self and the other owners of such parcel upon submitting an affidavit that such other owners are minors or cannot be located. An application shall also be submitted when- ever the use or acreage of such land previously approved changes; provided, however, that such property owner or owners must revalidate annually with the Assessor any applications previously approved. (b) An application fee of ten dollars ($10.00) per parcel plus ten (10) cents per acre or portion thereof contained in such parcel shall accompany each application for taxation on the basis of use assess- ment and each application required to be filed when- ever the use or acreage of such land previously approved changes, such fee being payable to the City. A separate application shall be filed and separate fees shall be paid for each parcel appearing on the land book am a separate parcel. The Assessor may permit late filing of any of the applications required to be filed by sub- section (a) of this section, including annual revali- dations, within no more than sixty days after November one of any year upon the payment of a late filing fee of twenty-five dollars ($25.00) per application. (c) Upon receipt of every application, the Assessor shall determine whether the subject property meets the criteria for taxation hereunder. If the Assessor determines that the subject property does meet such criteria, he shall determine the value of such property for its qualifying use, as well as its fair market value. 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 December, 1978. No. 24429. A RESOLUTION accepting the possession and control of the Washington Heights Elementary School building and grounds from the School Board of the City of Roanoke BE IT RESOLVED by the Council of the City of Roanoke that this Council, having received notification by the School Board of the City of Roanoke that the Washington Heights Elementary School will no longer be utilized by said Board for public school purposes and having been requested by said Board to assume control over said school, doth hereby accept, from the S~hool Board of the City of Roanoke, the possession and control of those certain premises known as the Washington Heights Elementary School, including the grounds and buildings appurtenant thereto, situate at 3712 Melrose Avenue, N. W., bearing Official No. 2762101. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1978. No. 24430. A RESOLUTION establishing a schedule of rates and charges for special water services. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That from and after February 1, 1979, there shall be certain rates and charges imposed and collected by the City for certain special water services; and 2. That the rates and charges herein authorized to be imposed and collected shall be as follows, to-wit: (a) Turn on meter $ 6.00 (b) Recheck reading of meter (only if we were correct; no charge if meter was misread) 7.00 (c) Investigation for leakage 9.50 (d) Meter test (only if meter is working properly; no charge if meter is defective) 18.00 (e) Turn off-on for nonpayment 10.00 (f) Reset meter if meter was pulled for nonpayment 20.00 (g) Field collection efforts on delinquent accounts 7.50 (h) The turn on fee and turn off-on for nonpayment fee shall be increased by one hundred percent (100%) should such service be performed after 3:30 P.M., or on.weekends or holidays. APPROVED ATTEST: City Clerk Mayor 200 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1978. No. 24431. AN ORDINANCE providing for the City's acquisition of certain real property bearing Official Tax Nos. 3014003 and 3014005, in the City of Roanoke, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of Geraldine W. Twitty and Sallye T. Coleman to sell and convey to the City all of Parcel 20A, Commonwealth Redevelopment Project, Va. 7-1, in this City, bearing Official Tax No. 3014003 as shown on the City's Official Tax Appraisal Map, for the sum of $50,000.00, be, and said offer is hereby ACCEPTED; 2. That the offer of Cora L. Walstine to sell and convey to the City all of Parcel 20C, Commonwealth Redevelopment Project, Va. 7-1, in this City, bearing Official Tax No. 3014005 as shown on the City's Official Tax Appraisal Map, for the sum of $25,000.00, be, and said offer is hereby ACCEPTED; 3. That, with respect to each property designated above, upon delivery to the City of a good and sufficient deed of conveyance, granting and conveying to the City the fee simple title to such properties, free and clear of all encumbrances and containing general warranty and modern English covenants on behalf of the grantors, 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 payment of the respective purchase price hereinabove provided, less any amount due to be paid by the grantors as taxes; 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 4th day of December, 1978. No. 24432. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 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: Director of Finance #401 (1) ........................... $ 279,218.00 Contingencies #1880 (2) ................................ 2,187,879.70 Roanoke City School System #1901 (3, 4) ................ 28,074,382.00 Revenue: School Revenue (5, 6) .................................. $14,943,412.00 CAPITAL PROJECTS FUND Appropriations: Equipment Replacement #4803 (7) ........................ $ 66,800.00 William Fleming High School #4816 (8) .................. 3,317,416.57 Patrick Henry High School #4817 (9) .................... 3,492,362.49 Capital Improvement Reserve #6001 (10) ................. 3,981,500.00 Civic Center Property #5010 (11) ....................... 77,500.00 201 (1) Net increase (A01040110002) (2) Net decrease (A01188072006) (3) Net increase (A01190175001) (4) Net increase (A01190165101) (5) Net increase (ROll91001) (6) Net increase (R01190401) (7) Net decrease (A08480390001) (8) Net increase (A08481690001) (9) Net increase (A08481790001) (10) Net decrease (A08600172501) (tl) Net increase (A08501090001) $ 5,100.00 5,100.00 67,328.00 108,560.00 67,328.00 108,560.00 33,200.00 3,241.00 29,959.00 77,500.00 77,500.00 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 llth day of December, 1978. No. 24423. AN ORDINANCE authorizing execution of an Airport Use Agreement with Allegheny Airlines, Inc. for a term commencing retroactive to October 29, 1978, and terminating March 31, 1981, and providing for use of certain public landing areas and lease of certain space in the terminal building by Allegheny Airlines, Inc. for certain consideration, 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 for and on behalf of the City of Roanoke to execute and attest, respectively, an Airport Use Agreement, dated October 29, 1978, with Allegheny Airlines, Inc., such agreement having been heretofore approved as to form by the City Attorney and executed on behalf of Allegheny Airlines, Inc. by Peter D. Brennan, Vice President, Administration, and providing for use of certain public landing areas and the lease of certain space in the terminal building for a term commencing retroactive to October 29, 1978, and terminating at midnight on March 31, 1981, for certain consideration and upon certain terms and conditions set forth in the foregoing agreement, a copy of which is on file in the Office of City Clerk. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1978. No. 24435. A RESOLUTION authorizing a shortening of the working hours of certain City employees on December 22, 1978. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the 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 of the City to end their normal workday for the City on Friday, December 22, 1978, at or about noon on said day, rather than at 5:00 o'clock, p.m., provided, however, 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 202 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1978. No. 24436. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS: Nursing Home #1539 (1) .............................. $ 467,744.00 Employee Benefits #1810 (2, 3, 4) .................... 4,520,551.00 Contingencies #1880 (5) ............................. 1,830,134.96 (1) Net increase (A01153910002) (2) Net increase (A01181011005) (3) Net increase (A01181011010) (4) Net increase (A01181011015) (5) Net decrease (A01188072006) $5,929.00 820.00 466.00 60.00 7,275.00 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 December, 1978. No. 24437. AN ORDINANCE amending Title II. Administration, of the Code of the City of Roanoke (1956), as amended, by repealing Chapters 13.1 and 13.2, in their entirety, and enacting in the place thereof two new chapters numbered and entitled Chapter 13.01, Personnel- Management Relations, and Chapter 13.02, Personnel and Employment Practices Commission; repealing certain rules, regula- tions and procedures; 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 Title II. Administration, of the Code of the City of Roanoke (1956), as amended, be, and it hereby is amended and reordained by repealing Chapters 13.1 and 13.2, in their entirety, and enacting in the place thereof two new chapters, numbered and entitled Chapter 13.01, Personnel-Management Relations, and Chapter 13.02, Personnel and Employment Practices Commission, to read and provide as follows: CHAPTER 13.01 PERSONNEL-MANAGEMENT RELATIONS Sec. 1. Department of Personnel Management. Pursuant to Sec. 23 of the Charter, there is hereby created a department of personnel management which shall consist of such divisions and personnel as may from time to time be established by the city manager. Sec. 2. Promulgation of rules; authority vested in City Manager; effect thereof. The city manager shall establish and promulgate such rules and regulations governing employment with the city as, from time to time, may be necessary or required to facilitate the operations of the city through its work force; provided, however, proposed rules and regulations, except in cases of emergencies, shall be presented to the Personnel and Employment Practices Commission for review, study and advice regarding the efficacy thereof after public hearing and within thirty (30) days after referral to the commission of such proposed rules. Rules 203 the city manager to authenticate such rules and regulations shall not be delegated. Sec. 3. Manager of personnel management; appointment. A manager of personnel management shall be appointed by the city manager and shall be subject to the control and supervision of the city manager or his designee. Once appointed, the manager of personnel management shall perform the duties and responsibilities enjoined upon him by this chapter and the city manager free from interference, restraint or coercion by the council or any employee, board, committee or commission of the city. Sec. 4. Same - Responsibilities and duties. The manager of personnel management shall have the immediate direction and control of said department subject, however, to the specific directions relating to his duties and responsibilities contained in this code and to the general supervision of the city manager or his designee. The manager of personnel management shall have the following responsibilities and duties: a. To develop and maintain a classification plan containing job descriptions for each position in the classified service of the city, such plan to be reviewed no less frequently than biennually. Any revisions to such plan shall be completed and approved as provided in section 10 of this chapter. b. To prepare a pay plan for each position in the classi- fied service of the city annually. Such plan shall be prepared and submitted to the city manager on or before January 15, each year, for his consideration in the preparation of his recommended annual budget for the city council's consideration. c. To determine vacancies in the classified service of the city, and to give wide publicity to such vacancies through channels appropriate to each case and to organize plans for the recruitment of competent personnel for the city's service, and to receive applications for such employment. d. To develop and provide criteria and guidelines which will reasonably and fairly predict and rate job performance capabilities of applicants for specific vacan- cies in the classified service of the city. e. To establish eligibility lists for each class of position in the classified service to which appointments are to be made, the composition of such lists to be deter- mined by the criteria and guidelines established pursuant to paragraph (d) of this section and whenever a vacancy in such a position is to be filled, to provide to the appro- priate council-appointed officer at least the top six applicants from the eligibility list for that position, provided that more than six applicants, but not less than three, if there be that many, may be referred to the appropriate council-appointed officer upon specific written request of such officer. f. To authorize in writing, at the request of and subject to the approval of the appropriate council-appointed officer, temporary appointments to vacancies in positions for which there is no eligibility list, provided that no such temporary appointment shall be for a period longer than three months and that no such temporary appointment shall be renewed; provided, however, at the level of department manager or above, an "acting" designation may be made for such period of time as may be necessary. g. To keep and maintain a current personnel file on each employee of each department, board, commission, office and agency of the city, excluding employees of the school board, with each such department, board, commission and agency to provide the necessary current personnel information to the department of personnel management. h. To maintain an allocation list of all employment positions in city government and the status of each such position and a roster of all persons in the classified service, which shall specify as to each such position (1) employee's name or "vacant" (2) the class title of the position held, (3) the salary or pay, (3) any changes in class title, salary or pay, and (4) such other data as may be deemed useful or significant. i. To certify all payroll changes, except those of the school board, and no payment for personal services shall be made to any person in the classified service, unless it shall be certified by the manager of personnel management that such person has been appointed and' employed in accordance with the provisions of this chapter. j. To develop and provide criteria and guidelines consistent with and in conformity to the provisions of paragraph (d) of this section by which members of the classified service may be qualified for continued employment and advancement in the service of the city. 204 k. To seek to resolve impartially and/or adjust difficulties arising out of or relating to the employment relationship, and to that end shall ~have free and unencumbered access to all data relating to any specific difficulty, complaint or grievance. 1. To recommend, on his own initiative or upon request of any council appointed officer, such rules and procedures to the city manager as may be necessary for the purpose of carrying out the provisions of this chapter. m. To serve as a liaison person to the personnel and employment practices commission, providing such clerical and technical assistance to the commission as it may from time to time request, and to be responsible for the keeping of all records of meetings of the commission and hearings of commission panels. n. To serve as.an impartial expert in the personnel-management relations field within the scope of the complaint and grievance process. o. To perform such other duties as may be assigned to him by the city manager. Sec. 5. Affirmative action officer; appointment. The city manager shall designate a city employee as affirmative action officer. The affirmative action officer shall be subject to the control and supervision of the city manager or his designee. Once appointed the affirmative action officer shall perform the duties and responsibilities enjoined upon him by this chapter free from interference, restraint or coercion by the council or any employee, board, committee or commission of the city. Sec. 6. Same - responsibilities and duties. The affirmative action officer shall have the immediate direction and control of the city's affirmative action program and the processing of equal employment opportunities complaints in close coordination with the office of the city attorney, and subject to the specific directions relating to his duties and responsibilities contained in this chapter and to the general supervision of the city manager. The affirmative action officer shall have the following responsibilities and duties: a. To develop, maintain and implement an affirmative action plan to apply to each department, board, commission and agency of the city, excluding the school board of the city. b. To seek to resolve impartially and/or adjust any difficulties relating to equal employment opportunity in the employment relationship and to that end shall have free and unencumbered access to all data relating to any specific difficulty, or complaint. c. To serve as an impartial expert in the equal employment opportunities field within the scope of the complaint and grievance process. d. To assist in the development of the criteria and guidelines required under paragraphs (d) and (j) of section 4 of this chapter. e. To act as a liaison and coordinating employee of the city for affirmative action matters to all city personnel and officers. f. Perform such other duties as may be assigned to him by the city manager. Sec. 7. Unclassified service. The service of the city shall be divided into the unclassified and the classified services. The unclassified service shall consist of: (a) officials elected by the people and persons appointed to fill vacancies in elective offices; (b) the members of boards and commissions, excluding school board members, the city manager, and persons appointed by the judges of the courts of record; (c) licensed physicians and dentists employed by the city in their professional capacities; (d) persons temporarily employed in a professional or scientific capacity or to conduct a special inquiry, investigation, examination or installation, if the council or the manager certifies that such employment is temporary and that the work should not be performed by employees in the classified service. Sec. 8. Classified service. The classified service shall comprise all employees and positions, excluding school board employees and positions, not specifically included by the preceding section in the unclassified service. Ail original appointments and promotions in the classified service, except officers elected or appointed by the city council, shall be made from an eligible list certified by the manager of personnel management, as provided in sub- section (e) of section 4. Every new city employee shall serve for a period of six (6) months as a probationary employee, and every city employee promoted to a position for which a greater salary range is provided shall for a period of three (3) months serve as a probationary employee; provided, however, upon appointment or promotion, the appropriate council appointed officer may extend such probationary period for an additional like period of time or less, or prior to any such appointment or promotion, 2O5 a different probationary period, not to exceed twelve (12) months, may be established in writing and filed with the personnel management department for any specific position in the classified service. Prior to the conclusion of any probationary period established for a member of the classified service as hereinabove provided, an employee may be terminated by the appropriate council-appointed officer, and such termination shall not be subject to a hearing before the personnel and employment practices commission. A~ter the conclusion of the probationary period, a member of the classified service may be suspended, reduced in rank or pay or removed; provided, however, such disciplinary action may be subject to review and hearing through the grievance procedure of the City of Roanoke established by the city council. Sec. 9. Promotions. Vacancies in higher positions in the classified service shall be filled on the basis required to be established pursuant to subsection (j) of section 4; and shall be open to both members of the classified service and applicants from the general labor market from which the city draws its work force. Ail standards applicable to promotion shall be applied by the manager of personnel management in accordance with the rules promulgated by the city manager, and at least the six best qualified candidates, if there be that many, shall be certified to the appointing authority and all promotional appointments shall be made from among the persons so certified. A change from a position in any class to a position in another class for which a higher maximum rate of pay is prescribed shall be considered a promotion. Sec. 10. Classification plan. The manager of personnel management shall, at least biennually, review and prepare, after consultation with all officials having the power of appointment, and submit to the city manager a plan of classification and grading, containing job descriptions, for all positions in the classified service according to similarity of authority, duties and responsibilities. Within ninety days after the submission of the plan the city manager shall reject or approve the same with or without modifications. Once approved, the city manager shall cause the classification plan to be published or otherwise distributed among the employees of the city. Changes in the classification plan may be recommended from time to time by any appropriate city official and shall take effect after review and recommendation by the manager of personnel management and when approved by the city manager. The class titles set forth in the most recently approved classification plan shall be used to designate such positions in all official records, documents, vouchers and communications, and no person shall be appointed to or employed in a position in the classified service under any class title which has not been recommended by an appropriate city official and established in the current classification plan. Sec. 11. Pay plan. There shall be a pay plan consisting of a salary range for each class of position in the classification plan, which shall provide for regular increments within such range to be earned by length of service and satisfactory service ratings. Each such range shall be determined with due regard to the salary ranges for other classes and to the relative difficulty and responsibility of characteristic duties of positions in the class, the minimum qualifications required, the prevailing rate paid for similar employment outside the city service, and any other factors that may properly be considered to have a bearing upon the fairness or adequacy of the range. The manager of personnel management shall prepare and recommend to the city manager on or before January 15th of each year a pay plan for the city manager's consideration in the preparation of his recommended annual budget for the city council's consideration. The council shall adopt the same by ordinance with or without modifications. When so adopted by the council the pay plan shall remain in effect until amended by the council. When a pay plan has been adopted, the council shall not increase or decrease salaries of individual members of the classified service, except officers elected or appointed by the council, but shall act in fixing the salaries of members of the classified service only by amendment of the pay plan. Sec. 12. Management rights. Nothing in this code is intended to circumscribe or modify the existing management right of the city council or of any council appointed officer to do the following: (a) Direct the work of their employees as well as establish and revise wages, salaries, position classifications and general employee benefits; (b) Hire, promote, transfer, assign and retain employees; (c) Maintain the efficiency of governmental operations; (d) Relieve employees from duties in emergencies; (e) Determine the methods, means and personnel by which operations are to be carried on; and (f) Relieve employees from duties because of lack of work or lack of funds. Sec. 13. Status of present employees. All persons holding regular positions in the service of the city at the effective date of this chapter which are included in the classified service herein shall remain members of the classified service. Ail other regular officials and employees of the city at the effective date of this chapter shall retain such positions and receive the salary they have been receiving. 206 Sec. 14. Prohibited practices. (a) No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in regard to any test held or certification or appointment made under the personnel provisions of this chapter or in any manner commit or attempt to commit any fraud preventing the impartial execution of such per- sonnel provisions or of the rules made thereunder. (b) 'N0 PersOn Seeking appointment to or promotion in the classified service of the city shall either directly or indirectly give, render or pay any money, service or other valuable thing to any person for or on account of or in connection with his test, appointment, proposed appointment, promotion or proposed promotion. (c) Any person who by himself or with others violates subsection (a), or (b) of this section shall be guilty of a Class 2 misdemeanor punishable as made and provided by law. Any person who is convicted under this section shall for a period of five years be ineligible for appointment to or employment in a position in the city service and shall, if he be an official or employee of the city, immediately forfeit the office or position he holds. (d) Electioneering in any city office' building or premises during working hours applicable thereto in such a manner as to hinder, delay, disrupt or otherwise disturb normal work procedures is hereby prohibited. Any person who by himself or with others violates this subsection shall be guilty of a Class 4 misdemeanor punishable as made and provided by law. (e) No official or employee in the classified service of the city shall continue in such position after being elected to any public office, the duties of which conflict with or otherwise impair his ability to perform his duties as an employee of the city. Sec. 15. Veteran's preference. Any person who has served in time of war in the army, navy, air force, marine corps or coast guard of the United States and has been honorably discharged therefrom shall be entitled to have added to his rating in any examination held for original appointments in the classified service under the provisions of this chapter ten points on a scale of one hundred if he is eligible for disability compensation or pension from the United States through the Veterans Administration, or five points on a scale of one hundred if he is not so eligible, provided that he shall be within the age limit specified for appointment to the position or class of position for which the examination is held, is physically capable of performing the duties of such position, and attains in the examination without such added points the minimum rating prescribed for the passage of such examination. The preference herein established shall be available to any person eligible to receive same for a period of eight (8) years following the date of such person's induction into a branch of the armed services as hereinabove set out. Sec. 16. Definition of grievance. A grievance shall be a complaint or dispute by an employee relating to his or her employment, including but not necessarily limited to: (a) Disciplinary actions, involving dismissals, demo- tions and suspension; (b) Concerns regarding the application, meaning or interpretation of personnel policies, procedures, rules and regulations; (c) Acts of reprisal as the result of utilization of the grievance procedure; and (d) Complaints of discrimination on the basis of race, color, creed, sex, age or physical handicap. Complaints shall be nongrievable where they involve: (a) Establishment and revision of wages or salaries, posi- tion classifications or general benefits; (b) Work activity accepted by the employee as a condition of employment or work activity which may be reasonably expected to be a part of the job content; (c) The contents of ordinances, statutes or established personnel policies, procedures, rules and regulations; (d) Failure to promote except where the employee can show established promotional policies or procedures were not followed or applied fairly; (e) The methods, means and personnel by which such work activities are to be carried on; or (f) Discharge, layoff or suspension from duties because of lack of work, reduction in work force, or job abolition. 207' The classification of a complaint as "nongrievable" shall not be construed to restrict any employee's right to seek or management's right to provide customary administrative review of complaints outside the scope of the grievance procedure. Once an employee reduces his grievance to writing he must specify on the appropriate form the specific relief he expects to obtain through the use of the procedure. Sec. 17. Resolution of issue of grievability. Decisions regarding whether or not a matter is grievable shall be made by the city manager or his designee at the request of the department head or grievant and such decision shall be made within ten days of such request; provided, however, neither the city attorney nor the commonwealth's attorney shall be authorized to decide the issue of grievability. Decisions of the city manager or his designee may be appealed to the Circuit Court of the City of Roanoke for a hearing de novo of the issue of grievability, and such hearing shall thereafter comply, mutatis mutandis, with all and singular the provisions of Section 2.1-115.4:1 E, Code of Virginia (1950), as amended. Sec. 18. Coverage of Personnel. Ail permanent classified city personnel, excluding probationary employees, are eligible to file grievances except for: (a) Those appointees of elected groups or individuals; (b) Directors, department heads, and managerial employees having supervisory authority over department managers, including the staff of the city manager's office, except secretarial and clerical personnel; (c) Any law enforcement officer as defined in Chapter 10.1 of Title 2.1 of the Code of Virginia (1950), as amended, whose grievance is subject to the provisions of Chapter 10.1 of Title 2.1, supra, and who has elected to proceed pursuant to Chapter 10.1 of Title 2.1, supra, in the resolution of his grievance; and (d) Managerial employees who are engaged in department-wide policy determinations, except that such managerial employees below the department head level may file grievances regarding disciplinary actions involving dismissals, demotions and suspensions. Employees of the directorate of human resources not otherwise excluded shall be included in the city's grievance procedure. Constitutional officers' employees shall not have access to the city's grievance procedure, and such employees are excluded from the city's personnel system unless their inclusion in such personnel system is agreed to by both the constitutional officer and the city as evidenced by appropriate resolution. Sec. 19. Minimum grievance procedure steps. The city manager shall by regulation ~establish a grievance procedure for all eligible employees which shall, at a minimum, include the following: (a) A first step which shall provide for an informal, initial processing of employee complaints by the immediate supervisor through a nonwritten, discussion format; and (b) A final step which shall provide for a hearing before an impartial panel of the Personnel and Employment Practices Commission established by Chapter 13.02 of this title. The decision of such panel shall be final and binding. Ail stages of the grievance beyond the first step shall be in writing on forms supplied by the city department of personnel management. Both the grievant and the respondent may call upon appropriate witnesses and be represented by legal counsel or other representatives. The personnel and employment practices commission shall promulgate rules of conduct for panel hearings. The grievance procedure shall prescribe reasonable time limitations for the grievant to submit an initial complaint and to appeal each decision through the steps of grievance resolution. Such limits shall correspond generally or be equivalent to the alloted time which is allowed the response in each comparable situation. Failure by the grievant to comply with all substantial procedural requirements of the grievance procedure without just cause will terminate the right to further appeal. Failure of the respondent to comply with all substantial procedural requirements of the grievance procedure without just cause will, at the option of. the grievant, advance the grievant to the next step in the grievance resolution process. Failure of the respondent, without just cause, to comply with all substantial procedural requirements of the final step of the grievance procedure shall result in a decision in favor of the grievant. 208 CHAPTER 13.02. PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION Sec. 1. Personnel and employment practices commission - establishment and composition. There is hereby created and established a personnel and employment practices commission to consist~of nine (9) members to be selected by the city council pursuant to the provisions of subsection (e), section 4, chapter 4, Title II of this code. Initially, three members shall be appointed to serve a term ending June 30, 1977, three for a term ending June 30, 1978, and three for a term ending June 30, 1979; and thereafter the council shall appoint members for three year terms. The council shall ensure that the membership of the commission consists of at least three protected class members as defined by Title VII of the Civil Rights Act of 1964 (as amended 1972), 42 U.S.C., 2000e-2(a)(2) and at least two members from the classified service of the city. Ail of the commission members shall have those characteristics of open mindedness and fairness required to fairly and impartially hear and resolve differences. The membership, as a whole, shall embrace, to the extent practicable, a cross section of the type persons comprising the City's work force, i.e., service/maintenance through official/administrators. No constitutional, court, or council-appointed officer shall be eligible for appointment to the commission. The city attorney shall provide necessary legal services to the commission. The manager of personnel management or his duly designated agent shall serve as a liaison person to the personnel and employment practices commission, providing such clerical and technical assistance to the commission as it may from time to time request, and to be responsible for the keeping of all records of meetings of the commission and hearings of commission panels. Sec. 2. Orsanization of commission. (a) The commission shall choose its own chairman and vice-chairman, both of whom shall serve one year terms and for no more than three consecutive one year terms in each office. Five members shall constitute a quorum. The commission shall meet at the call of the chairman, or in his absence, the vice-chairman. At its initial meeting and at least annually thereafter, upon the appointment or reappointment of members, the commission shall organize and divide itself into three hearing panels, with such responsibilities as are set out in this chapter. Each panel shall consist, to the extent possible, of members with one, two and three years remaining on their terms of appointment, and minority and employee members shall be distributed as evenly as possible among the panels. Sec. 3. Responsibilities and duties. It shall be the duty of the full personnel and employment practices commission: (a) To advise the city manager, after public hearing and within thirty (30) days after referral to the commission, as to the adoption and amendment of rules, practices and procedures, from time to time, to give effect to all provisions of the personnel management relations policy established by the city council and in furtherance of such duty to consider, either such rules as may from time to time be suggested or recommended through the personnel management department, or as the commission shall consider necessary, to carry out the provisions of this chapter with respect to persons in the classified service. The commission shall consider the proposed rules with such modifications as it may deem advisable. Amendments to the rules may be considered from time to time after public hearing as above provided. The rules and amendments thereof so considered shall have, to the extent that they are consistent with the terms of the Constitutions of the United States of America and of the Commonwealth of Virginia, the city charter and the statutes of this commonwealth, the force of law when approved by the city manager. They shall provide: for the method of holding competitive examinations; the method of certifying eligibles for appointment; the establishment, maintenance, consolidation and cancellation of eligible lists; the administration of the classification plan and pay plan; methods of promotion and the application of service ratings thereto; probationary periods of employment; transfers of employees within the classification plan; hours of work; overtime pay; the order and manner in which layoffs shall be effected; griev- ance hearings and such other matters as may be necessary to provide adequate and systematic handling of the personnel affairs of the city. (b) To investigate any or all matters relating to conditions of employment in the service of the city and to make such reports as are deemed necessary. (c) In conducting investigations and hearings pursuant to this chapter, the commission, or a panel of such commission, shall be authorized to administer oaths. Sec. 4. Responsibilities and duties of commission panels. Upon the division of the commission into panels as provided in section 2 of this chapter, each panel shall have the responsibility and duty to hear and render final decisions on grievances referred to such panel upon the evidence presented and developed at the hearing and upon the city's applicable personnel policy, rules and regulations in effect at the date of the grievance. A hearing panel shall have no authority to add to, subtract from or amend existing policy, rules and regulations. Sec. 5. Panel procedures. (a) Each such panel shall designate one of its members as panel chairman for such period of time and for such grievance hearings as such panel may determine. In the event the three original panel members of any hearing panel be not available for a hearing, the commission chairman, or vice-chairman in his absence, shall designate a member of one of the other hearing panels to fill such vacancy. 209 (b) Panel hearings shall be conducted as follows: (1) The panel shall determine the propriety of attendance at the hearing of persons not having a direct contribution to make to the hearing and may exclude those without a direct contribu- tion. The grievant and the council-appointed officer party to the proceedings or his designee shall be permitted to be present at all times except during deliberation of the panel. (2) The panel may ask, at the beginning of the hearing, for statements from the grievant and the administration (or their respective representatives) clarifying the issues involved and summarizing the evidence to be presented. (3) The burden of proof shall be and remain at every stage of the hearing the burden of the party initiating the grievance. Such burden shall be deemed to have been carried when a preponderance of the evidence introduced substantiates the grievant's claim. The grievant or his representative shall present his claims, proofs, and witnesses who shall be sworn and who shall submit to questions or other examination. The administration shall, thereafter, present its defense to the claims and charges of the grievant with like formality as required of the grievant in presenting the case in chief. The aforesaid representa- tive of either the grievant or the administration may be a duly qualified attorney-at-law, or any other person selected by either of them. Any expense incurred by reason of such representation shall be borne by the party on whose behalf such representative appears. The panel may, at its discretion, vary this procedure but shall afford due process to all parties and witnesses for presentation of any material or relevant proofs. (4) Exhibits, when offered by the grievant or the administra- tion, shall be received in evidence by the panel and, when so received, shall be marked and made part of the record. (5) The parties shall produce such additional evidence as the panel may deem necessary to an understanding and determination of the grievance. The panel with advice from the legal advisor shall be the judge of admissibility of the evidence offered. Ail evidence shall be taken in the presence of the panel and of the parties. (6) At the conclusion of presentation of evidence, the panel chairman shall specifically inquire of both the administration and the grievant, or their respective representatives, whether they have any further proofs to offer or witnesses to be heard. Upon receiving negative replies, the chairman shall declare the hearing closed, and the panel may deliberate in executive session in appropriate cases. (7) The decision of the panel shall be arrived at by a majority vote in open session. (8) The hearing may be reopened by the panel for good cause shown on its own motion or upon application of the grievant or the administration at any time before the written decision is distributed. (9) A transcript of the proceedings relating to any grievance shall be provided upon request of either party. The party requesting the transcript shall request such transcript in writing and shall pay the expense of preparing such transcript. (10) The panel shall file, in writing, a statement setting forth findings of fact and its decision based thereon, signed by a panel member concurring in the same, with a signed copy forwarded to each party in interest and to the members of the commission not more than five (5) working days following adjournment of the hearing. A panel member who dissents from the majority decision may file a written dissenting opinion. (11) Upon good cause shown, at any time prior to decision, a panel convened to hear a grievance may, upon majority vote, request the chairman of the commission to convene the entire commission to hear a particular grievance, and the chairman shall do so. Such decision to convene the entire commission by a panel may be made at any time prior to the rendering of a decision by the panel. Such full commission hearing shall comply in all respects to the provisions of this code relating to panel hearings, provided, however, the full commission may in reaching a decision elect to consider a matter on the basis of the record created in a panel hearing. In such cases, the decision of the full commission shall be final. (12) A panel or the full commission when hearing a grievance is hereby authorized to fashion a remedy on behalf of the prevailing party which is fair, just, reasonable and equitable to all parties; provided, however, no such remedy shall place a grievant in any better position than he would have achieved but for the wrongful act giving rise to the grievance. Sec. 6. Employee rights; free exercise thereof. Employees of the city shall have the right to present before the commission or the council their view concerning any matters relating to the employment relationship, and may process any complaint or grievance at any administrative level or to the commission or one of its panels and, in the exercise of these rights, employees shall be and are assured of freedom from unreasonable interference, discrimination or reprisal; and any of such actions taken by the administration or any of its employees as a result of the exercise of rights guaranteed herein shall be grounds for a grievance. 210 Sec. 7. Decisions; failure to comply. If a grievant, having processed his grievance through the procedure established for the purpose, fails to comply with either commission or panel decisions he shall be subject to administrative disciplinary action by the appropriate council-appointed officer which shall be non-grievable and final. Should the administration fail to comply with such a decision, the grievant may, after certification of the fact of such administrative noncompliance by the full commission, appeal to the city council for appropriate relief. 2. That this ordinance shall have no effect on the present membership of the Personnel and Employment Practices Commission or the terms of the present members and such members shall continue to serve the terms to which they were heretofore appointed. 3. That this ordinance shall be in full force and effect from and after January 1, 1979; provided, however, all matters relating to grievances, complaints and personnel relations filed with the Personnel and Employment Practices Commission prior to January l, 1979, shall be controlled and disposed of pursuant to the provisions of Title II, Chapter 13.1 and Chapter 13.2 existing at the time the matter in question is so filed; and 4. That all rules, regulations and procedures heretofore promulgated or adopted by the Council, the Personnel and Employment Practices Commission, and/or the Personnel Board relating to the personnel-management relations or administration of the personnel system of the City of Roanoke are hereby REPEALED and rendered null and void as of March 1, 1979, and the City Manager is directed to promulgate new rules and regulations to implement this ordinance on or before March 1, 1979; and 5. 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 as hereinabove provided, to-wit, January 1, 1979. APPROVED City Glerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1978. No. 24438. AN ORDINANCE to amend Chapter 3, of Title II, of the CQde of the City of Roanoke (1956), as amended, by the addition of two new sections to be designated Section 17 and Section 18, entitled Private automobile allowance, and Liability insurance on private automobiles, respectively, relating to benefits for certain city employees, providing for the effective date of this ordinance; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Chapter 3, Officers and Employees Generally, of Title II. Administration, of the Code of the City of Roanoke (1956), as amended, be and said chapter is hereby amended by the addition of two new sections to be designated Section 17 and Section 18, and entitled Private automobile allowance, and Liability insurance on private automobiles, to read and provide as follows: Section 17. Private automobile allowance. Except where a specific, lump sum, periodic allowance is made therefor, the mileage travel allowance paid to officers and employees of the city who may be authorized to use and who shall use their own privately-owned passenger automobile for travel or transportation in connection with performance of their regular duties for or upon the immediate business or affairs of the city shall be at such rate per mile for the use of such vehicle as is established by the city council from time to time. Section 18. Liability insurance on private automobiles. No privately-owned passenger automobile or other vehicle, including those for the use of which a lump sum periodic allowance be made, shall be used for travel or transportation upon the business or affairs of the city unless such vehicle and its operator be insured against liability for personal injury within limits of not less than $50,000 for injury to one person and for not less than $100,000 for injury to more than 211 one person in a single accident, and against liability for property damage within a limit not less than $25,000. Each officer and employee to whom a specific, periodic lump sum allowance is paid for expense of use of such privately-owned automobile or other vehicle and each officer and employee who shall claim right to be compensated for use of a privately- owned passenger automobile for the purposes and at the rate to be established as provided in section 17 of this chapter shall be required by the director of finance to maintain on file in the office of said director of finance a current certificate of insurance made by an insurance company licensed in the State of Virginia and authorized to issue policies of automobile liability insurance, certifying the issuance of such aforesaid contract of insurance, the limits of liability so insured, the expiration date thereof and that such contract will not be cancelled prior to expiration of the term for which it was issued without not less than ten days written notice to the city's director of finance. This section shall not apply to elected officials of the city, nor to members of boards or commissions of the city who receive no compensation for their service as such members and who are merely reimbursed for expense of use of privately- owned vehicles, in the performance of official duties. 2. That this ordinance shall be in full force and effect upon and after January 1, 1979; 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 as hereinabove provided. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1978. No. 24439. AN ORDINANCE providing for the purchase of fire fighter work uniforms, upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said uniforms; rejecting other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Kay Uniforms, Roanoke, Virginia, to furnish and deliver to the City fire fighter work uniforms in accordance with the City's specifications therefor, with the deletion of certain items as set forth in the report of the Bid Committee dated December 11, 1978, and with the concurrence of the City Manager, be and hereby is ACCEPTED in the amount of $85,089.90; 2. That the fire fighter work uniforms are to be delivered to the City, f. o. b., Roanoke, Virginia, all in accordance with the City's specifications therefor, 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 orders the City's aforesaid specifica- tions, the terms of said bidder's proposal and the terms and provisions of this ordinance; the cost of said fire fighter work uniforms to be paid for upon delivery of the aforesaid uniforms to the City and the City's acceptance of the same from funds heretofore appropriated for the purpose; 3. That all other bids made to the City for the supply of the aforesaid uniforms be, and said other bids are hereby REJECTED; the City Clerk to so notify all said other bidders 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 212 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1978. No. 24440. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS: Refuse Collection #1669 (1) ............................ $1,389,191.00 Motor Vehicle Maintenance #1671 (2) ..................... 1,226,263.68 Contingencies #1880 (3) ................................. 1,773,295.28 REVENUE: Miscellaneous (4) ....................................... 431,718.55 (1) Net decrease (A01166990010) (2) Net increase (A01167190010) (3) Net decrease (A01188072012) (4) Net increase (R01100501) $184,000.00 260,077.68 56,839.68 19,238.00 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 December, 1978. No. 24441. 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. That the bids in writing of the following named bidders, made to the City and opened on November 14, 1978, to furnish to the City the vehicular equipment hereinafter set out and generally described, but more particularly described in the City's specifications and in said 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 2 - new cab/chassis for Fulton White Truck Company, $ 86,235.20 front loading high com- Inc. paction packer iA 2 - new front loading high Cavalier Equipment Corpora- $ 56,464.00 compaction packer bodies tion 2 2 - new cab/chassis for Fulton White Truck Company, $ 86,352.48 rear loading high compac- Inc. tion packer 2A 2 - new rear loading high First Piedmont Corporation compaction packer bodies $ 31,026.00 $260,077.68 Total 2. That 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 pro- visions 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 bidders for the aforesaid purchase prices, not to exceed the sums hereinabove set out, such funds having been heretofore appropriated for this 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1978. No. 24442. AN ORDINANCE amending and reordaining subsections (b) and (c) of Section 15, Exemption of certain taxes on property of certain elderly and permanently and totally disabled persons, of Chapter 1, Current Taxes, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, so as to substitute twelve thousand for ten thousand and fifty thousand for thirty-five thousand in each subsection; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That subsections (b) and (c) of Section 15, Exemption of certain taxes on property of certain elderly and permanently and totally disabled persons, of Chapter 1, Current taxes, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, be and said subsection~ are hereby amended and reordained so as to read and provide as follows: (b) Financial Eligibility. To be eligible for such exemption, the total combined income during the immediately preceding calendar year from all sources of the owners and relatives of the owners living in the dwelling house on such property shall not exceed twelve thousand dollars, provided that the first four thousand dollars of income of each relative, other than spouse, of the owner, or owners, 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 thousand dollars. No person or persons receiving public assistance, other than medical assistance of any form, shall be eligible for the within provided exemption. (c) Application for exemption. The owner or owners claiming such exemption shall file annually with the commissioner of revenue 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 twelve thousand dollars, provided that the first four thousand dollars of income of each relative, other than spouse, of the owner, or owners, who is living in the dwelling shall not be included in such total, and that the total com- bined net worth of such owners and relatives as of the thirty-first day of December of the immediately preceding calendar year did not exceed fifty thousand dollars. Such affidavit shall be filed not later than the fifth day of February of each year; provided that the commissioner of revenue may permit the late filing of the affidavit required by this subsection for first-time applicants or the commissioner may permit late filing of such affidavit for other than first-time applicants in hardship cases. 2 1_3 The commissioner of revenue shall make such further inquiry of persons seeking such exemption as may be-reasonably necessary in determining the qualifications therefor. Such further inquiries shall be answered under oath. The commissioner of revenue may also require the production of certified tax returns to establish the income or financial worth of an applicant for tax relief. 2. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1978. No. 24443. AN ORDINANCE amending and reordaining Title XXI, Animals, of the Code of the City of Roanoke (1956), as amended, by adding new Chapters 1, Horses and Other Equine Animals, 4, Cattle~ Sheep,. Goats, Swine and Other Livestock, 5, Poultry, and 6, Bees, providing for the regulation of farm animals and bees within the City and establishing penalties; repealing present Chapter 1, Livestock; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that Title XXI, Animals, of the Code of the City of Roanoke (1956), as amended, be and said Title is hereby amended by the addition of new Chapters 1, Horses and Other Equine Animals, 4, Cattle, Sheep, Goats, Swine and Other Livestock, 5, Poultry, and 6, Bees, to read and provide as follows: CHAPTER 1. HORSES AND OTHER EQUINE ANIMALS Sec. 1. Horse - defined. The word "horse" as used in this Chapter shall mean any horse, pony, mule, jackass, donkey, burro or other equine animal regardless of sex or age. Sec. 2. Horse shelters - placement and sanitation thereof. On any parcel of land upon which any horse is kept, placed or maintained during the nighttime, there shall be a a horse shelter, barn, stable, shed or similar structure containing at least 60 square feet of floor space per horse. On and after January 1, 1979, no landowner shall, in any area of the City not zoned for agricultural use, construct, build or place or permit the construction, building or placing of any such structure intended to provide shelter for any horse on his property closer than 300 feet to any property line of adjoining property not the same ownership. Every person maintaining such structure as required by this section shall keep it clean, sanitary and free from all refuse. Animal wastes shall not be permitted to accumulate, runoff, or leach, and such wastes shall be collected and removed from such structure at least once each week. All grain and concentrate supplements for horses shall be kept in containers impenetrable by rats or other rodents, and such containers shall be equipped with tightly fitting caps or lids. The presence of rats in such structure shall be prima facie evidence that such structure is maintained in violation of this section. Sec. 3. Horses - fencin$, roamin$ at large. Ail horses shall be kept within securely fenced, walled or otherwise enclosed areas. Any horse found roaming at large may be impounded by law enforcement authorities or animal control officers until the owner has been ascertained and given an opportunity to take possession of his horse or horses. The cost to the City of impounding and keeping such horse or horses shall be paid by the owner and shall be in addition to any other penalties imposed by this chapter. 215 Sec. 4. Penalties. Any person convicted of violation of any provision of this Chapter shall be guilty of a misdemeanor and punished by a fine of not more than one hundred dollars. In addition, any violation of this Chapter is hereby de- clared 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. CHAPTER 4. CATTLE, SHEEP, GOATS~ SWINE AND OTHER LIVESTOCK Sec. 1. Cattle, sheep, goats and swine limited to agricultural districts. No person shall keep or maintain any cattle, or swine or more than one sheep or goat kept as a household pet in any area of the City not zoned for agricultural use; provided, however, cattle, sheep, goats, or swine may be kept in enclosed, clean, and sanitary lots or pens for not more than twenty-four hours for the purpose of shipment, slaughter, or sale when such lots or pens are not closer than 300 feet to any house or other building used for residential purposes, and cattle, sheep, goats or swine may be kept or maintained on farms five acres in size or larger regardless of zoning. As used in this section, "farm" shall be defined as a parcel of land devoted to production for sale of plats or animals or to the production for sale of plant or animal products useful to man. Sec. 2. Livestock not to run at large; impounding. No person shall permit his livestock to run at large. Any livestock found running at large may be impounded by law enforcement authorities or animal control officers until the owner has been ascertained and given an opportunity to take possession of such livestock. The costs to the City of impounding and keeping such livestock shall be paid by the owners thereof and shall be in addition to any other penalties imposed by this Chapter. Sec. 3. Penalties; violations declared nuisances. Any person convicted of violation of any provision of this Chapter shall be guilty of a misdemeanor and punished by a fine of not more than one hundred dollars. In addition, any violation of this Chapter is hereby declared a public nuisance, and any person suffering injury or damage therefrom may seek the correction, removal or abatement of such nuisance through appropriate suit in equity. CHAPTER 5. POULTRY Sec. 1. Poultry - defined. "Poultry" as used in this Chapter shall mean any domesticated birds raised for food, either meat or eggs, feathers or show, including, but not limited, to chickens, ducks, geese, swans, turkeys, guinea fowl, and pigeons. Sec. 2. Poultry - lot size required. No person shall keep, place, or maintain more than ten poultry birds on any parcel of real property which contains area less than 20,000 square feet in any area of the City not zoned for agricultural use. No person shall keep, place, or maintain more than forty poultry birds on any parcel of real property in any area of the City except an area zoned for agricultural use or a farm five acres or larger in size. As used in this section, "farm" shall be defined as a parcel of land devoted to production for sale of plants and/or animals or to the production for sale of plant or animal products useful to man. Sec. 3. Poultry - location of fenced areas, sanitation. Ail poultry shall be kept in securely and suitably fenced areas, and no fenced area or pen for poultry shall be permitted closer than 50 feet to any house or other building used for residential purposes by anyone other than the person maintaining such poultry or his in~nediate family. No poultry shall be permitted to roam at large. 216 Every person maintaining such area for keeping poultry shall keep it clean, sanitary and free from refuse. Ail poultry feed or other material intended for consumption by poultry shall be kept in containers impenetrable by rats or other rodents, and such containers shall be equipped with tightly fitting caps or lids. The presence of rats in an area used for the keeping of poultry shall be prima facie evidence that such area is maintained in violation of this section. Sec. 4. Penalties; violations declared nuisances. Any person convicted of violation of any provision of this 'Chapter shall be guilty of a misdemeanor and punished by a fine of not more than one hundred dollars. In addition, any violation of this Chapter is hereby declared a public nuisance, and any person suffering injury or damage therefrom may seek the correction, removal, or abatement of such nuisance through appropriate suit in equity. CHAPTER 6. BEES Sec. 1. Beekeeping - distance from property lines, buildings, roads. It shall be unlawful for any person to keep or place an apiary or cause or allow an apiary to remain (1) closer than 5 feet to the property line of adjoining property of anyone other than the person maintaining the apiary or his immediate family, or (2) closer than 50 feet to any house or other building used for residential purposes by anyone other than the person maintaining the apiary or his immediate family or any apartment, hotel, motel, office, commercial establishment, church or school, or (3) closer than 50 feet to any public highway, street or avenue. Sec. 2. Beekeeping - water supply for bees. Every person owning, possessing or controlling an apiary shall maintain within 50 feet of each apiary an adequate accessible and useable supply of water for the bees. Sec. 3. Beekeeping - exceptions. The provisions of this Chapter shall not apply to the keeping of bees within an educational institution, museum, physician's office, or laboratory for the purpose of study, observation, or medical research or treatment, provided that such bees are not permitted to fly at large. Sec. 4. Penalties; violations declared nuisances. Any person convicted of violation of any provision of this Chapter shall be guilty of a misdemeanor and punished by a fine of not more than one hundred dollars. In addition, any violation of this Chapter is hereby declared a public nuisance, and any person suffering injury or damage therefrom may seek the correction, removal, or abatement of such nuisance through appropriate suit in equity. BE IT FURTHER ORDAINED that present Chapter 1, Livestock, of Title XXI, Code of the City of Roanoke (1956), as amended, be and is hereby REPEALED; and BE IT FINALLY ORDAINED that, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after January 1, 1979. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1978. No. 24444. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS: Roanoke City School System #1901 (1) ....................... $28,282,381.00 REVENUE: School Revenue (2) ......................................... 15,151,411.00 (1) Net increase (A01190165101) $8,000.00 (2) Net increase (R01190401) 8,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1978. No. 24445. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS: Jail Medical Program #7418 (1, 2) .......................... $5,894.00 REVENUE: Jail Medical Program (3) ................................... $5,894.00 (1) Net decrease (A35741890020) (2) Net increase (A35741853801) (3) Net decrease (R35741821) $160.49 54.49 106.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 217 2Z8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1978. No. 24446. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS: Circuit Court Equipment #7451 (1, 2) ...................... $2,090.71 REVENUE: Circuit Court Equipment (3) .............................. 2,090.71 (1) Net decrease (A35745190020) (2) Net increase (A35745153801) (3) Net decrease (R35745121) $220.30 11.01 209.29 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 26th day of December, 1978. No. 24433. 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. 122, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have the 1400 block of Cleveland Avenue, Southwest, Lots 9 and 10, Block 22, West End River View, and Official Tax No. 1220422 rezoned from C-2 (General Commercial) District, to L-M (Light Manufacturing) District; and WHEREAS, the City Planning Commission has recommended that the hereinafter-described land be rezoned from C-2 (General Commercial) District, to L-M (Light Manufacturing) 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 provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the llth day of December, 1978, 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. 122, of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: 219 Property located on the 1400 block of Cleveland Avenue, Southwest, described as Lots 9 and 10, Block 22, Map of West End River View, designated on Sheet 122 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1220422, be, and hereby is, changed from C-2 (General Commercial) District, to L-M (Light Manufacturing) District, and that Sheet No. 122 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 December, 1978. No. 24434. AN ORDINANCE amending Ordinance No. 22025, adopted January 20, 1975, granting to Roanoke Valley Cablevision, Inc., the right, for the term and upon the conditions therein stated, to use the streets, alleys and public ways to erect, construct, operate and maintain a community antenna television (CATV) system in the City, heretofore amended by Ordinance No. 23112, adopted July 26, 1976, by amending and reordaining Section 10. Rates and Charges, subsection a. Subscriber Services, parts A, B, and C., Residential Rates, Commercial Rates (single unit at one location), and Commerical Rates (multiple units at one location), of Ordinance No. 22025, as amended by Ordinance No. 23112, aforesaid. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 10. Rates and Charges, subsection a. Subscriber Services, parts A, B, and C, Residential Rates, Commercial Rates (single unit at one location), and Commercial Rates (multiple units at one location), by and is hereby amended and reordained to read and provide as follows, to-wit: Sec. 10. Rates and Charges. a. Subscriber Services. Basic Service A. Residential Rates Installation Charges First Set Each Additional Set $15.00 $ 7.50 Monthly Charges Not less than Not more than First set including converter Each additional set including converter $ 7.50 $ 8.50 $ 2.25 $ 2.75 Miscellaneous Charges Reconnect Move to location with existing outlet Move connection within home Home Antenna/CATV Switch $ 8.00 $ 10.00 $ 8.00 $ 10.00 $ 8.00 $ 10.00 $ 8,00 $ 10,00 B. Commercial Rates (single unit at one location) Installation Charges One set $15.00 Monthly charges Not less than Not more than One Set $ '7.50 $ 8.50 C. Commercial Rates (multiple units at one location) Installation charges, monthly charges, and miscellaneous charges shall be established through negotiation with the subscriber. 220 The maximum rates stated above shall not be exceeded unless such changes are authorized as hereinafter provided, after a public hearing at which the Grantee and any interested parties may be heard. Ail rates and charges described herein (or as may subsequently be approved as provided for above), shall be uniform with respect to subscribers in the City of Roanoke, Roanoke County and the Town of Vinton and no such subscriber shall be made to pay any different rate and no such rate shall be changed unless and until the same shall have been approved by the governing bodies of said City, County and Town, unless otherwise provided for herein or approved by the Council. 2. That the City's cost attendant upon the within amendments, including costs of advertising incurred by the City be paid by the Grantee of the franchise and that, upon approval of this ordinance by the Mayor, this ordinance shall be in force and effect from and after ten (10) days from the date of its passage, provided that within such time it shall have been accepted by Roanoke Valley Cablevision, Inc., in the manner and form hereinafter provided, and provided, further, that Aetna Casualty and Surety Company, surety on the bond of Roanoke Valley Cable Vision, Inc., dated the 14th day of February, 1975, to the City of Roanoke, as obligee, shall have consented in writing to the provisions contained hereinabove. APPROVED: ATTEST: Noel C. Taylor, Mayor Mary F. Parker, City Clerk ACCEPTANCE The undersigned, Roanoke Valley Cablevision, Inc., hereby accepts and agrees to each and all of the provisions, conditions and limitations of this ordinance of the City of Roanoke, adopted by the Council of the City of Roanoke as Ordinance No. 24434 , on December 26 , 1978, amending certain sections of Ordinance No. 22025, adopted January 20, 1975, as heretofore amended by Ordinance No. 23112, adopted July 6, 1976. IN WITNESS WHEREOF the said Roanoke Valley Cablevision, Inc., has caused this written acceptance to be executed in its name by its President or Vice-President, thereunto duly authorized, and its corporate seal to be hereunto affixed and attested by its Secretary, thereunto duly authorized, on this __day of , 1978: ATTEST: ROANOKE VALLEY CABLEVISION, INC. By, Secretary President CONSENT The undersigned, Aetna Casualty and Surety Company, surety, hereby consents to the provisions contained in foregoing Ordinance No. 24434 , adopted December 26 1978, by the Council of the City of Roanoke: In the presence of: By. AETNA CASUALTY & SURETY COMPANY, Attorney-in-Fact Approved as to form and execution: ATTEST: City Attorney City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1978. No. 24447. AN ORDINANCE to amend and reordain Subsection (a) of Section 1, Assessment of costs in civil actions; contributions; exemptions, of Chapter 2.1, Courts - Law Library, of Title XI, Police Force and Courts, of the Code of the City of Roanoke (1956), as amended, raising the fee required for filing a civil action in a court not of record from seventy-five cents to one dollar; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Subsection (a) of Section 1, Assessment of costs in civil actions; contributions exemptions, of Chapter 2.1, Courts - Law Library, of Title XI, Police Force and Courts, of the Code of the City of Roanoke (1956), as amended, be, and said subsection is hereby amended and reordained so as to read and provide as follows: (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 action or suit filed in the courts of record of the City of Roanoke in the amount of One Dollar ($1.00) and an assessment of costs incident to each civil action or suit filed in the courts not of record in the City of Roanoke in the amount of One Dollar ($1.00), which assessments shall be collected by the clerks of the respective courts for the use by the City in the maintenance of a law library in the Courthouse of the City, to be open for the use of the general public. 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 January 1, 1979. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1978. No. 24448. 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 that certain portion of Mountain Avenue, S. E., extending from the westerly side of Williamson Road, S. E., (formerly Third Street, S.E.) to intersection with the easterly side of First Street, S. E., (formerly Orchard Hill, S.E.) extended, for the entire length and width of said street; 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 petitioners did on December 12, 1978, 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 that certain street 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: That certain portion of Mountain Avenue, S. E., extending from the westerly side of Williamson Road, S. E., (formerly Third Street, S.E.) to intersection with the easterly side of First Street, S. E., (formerly Orchard Hill, S.E.) extended, for the entire length and width of said street, 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 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 221 222 WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinafter 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. George W. Overby, Edward H. Brewer, Jr., Harold W. Harris, Jr., Lester K. Stover, Jr., and William P. Wallace, 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 26th day of December, 1978. No. 24450. A RESOLUTION approving the granting of a leave of absence for educational purposes to Alan J. Prater, member of the Police Department. BE IT RESOLVED by the Council of the City of Roanoke that this Council doth APPROVE the granting of a leave of absence to Alan J. Prater, a member of the Police Department, commencing January 1, 1979 for a period not to exceed twelve (12) consecutive months for the purpose of pursu- ing a J.D. degree at Washington and Lee University, Lexington, Virginia, such approval, however, being made expressly subject to said employee's written agreement to abide by each and every term and provisions of Sec. 16, Chapter 3, Title II of the Code of the City of Roanoke (1956), as amended and such rules and regulations as are promulgated 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 26th day of December, 1978. No. 24451. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contingencies: Anti-Recession Fiscal Assistance (1) ................ $119,796.00 REVENUE Grants-In-Aid Federal Government: Anti-Recession Fiscal Assistance (2) ................ 119,796.00 (1) Net increase (A01188072015) $119,796.00 (2) Net increase (R01075001) 119,796.00 223 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1978. No. 24452. A RESOLUTION establishing a schedule of rates and charges for boating activities at Carvins Cove. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That from and after January 1, 1979, there shall be certain rates and charges imposed and collected by the City for certain boating activities at Carvins Cove; and 2. That the rates and charges herein authorized to be imposed and collected shall be as follows, to-wit: (a) Use of boat annually: 1. boat without motor ........ $10.00/yr. 2. boat with 0 thru 10 HP motor 15.00/yr. 3. boat with motor exceeding 10 HP. 20.00/yr. (b) Use of boat daily: 1. boat without motor ........ $ 2.00/day 2. boat with 0 thru 10 HP motor 2.50/day 3. boat with motor exceeding 10 HP. . 3.00/day (c) For docking a boat at a nonimproved or assigned area without attendance. . lO.O0/yr. Persons paying one of the above annual fees shall be given an appropriate decal, and such decal shall be displayed on the front hull of the boat at all times while such boat is on Carvins Cove waters. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1978. No. 24453. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1, to the City's contract with H & S Construction Company, dated November 7, 1978, for construction of new curb and gutter entrances, paving and related drainage items at various locations in the City, authorized by Ordinance No. 23902; 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 H & S Construction Company, dated November 7, 1978, authorized by Ordinance No. 23902, so as to provide for the following changes in the work to be performed, to-wit: 224 Contract Amount Additional 2500 square feet of concrete entrances and 1358 L.F. of concrete curb and gutter TOTAL CHANGE ORDER NO. 1 Contract Amount including Change Order No. 1 Additional time resulting from Change Order No. 1 Add $ 234,997.50 $ 13,202.50 $ 13,202.50 $ 248,200.00 60 calendar days. 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 26th day of December, 1978. No. 24454. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Police #1345 (1) .................................... $3,101,670.00 Engineering, Planning & Building #1248 (2) .......... 799,245.00 Social Services #1537 (3) ........................... 4,918,014.00 Director of Administration and Public Safety #1301 (4) ............................ 44,434.0~ Contingencies #1880 (5, 6) .......................... 1,750,534.18 Motorized Vehicle Maintenance (7) ................... 1,411,650.78 (1) Net decrease (A01134590010) (2) Net decrease (A01124890010) (3) Net decrease (A01153790010) (4) Net decrease (A01130190010) (5) Net decrease (A01188072012) (6) Net decrease (A01188072006) (7) Net increase (A01167190010) $102,600.00 31,200.00 26,000.00 5,800.00 1,767.10 4,000.00 171,367.10 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1978. No. 24455. 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. That the bids in writing of the following named bidders, made to the City and opened on December 5, 1978, to furnish to the City the vehicular equipment 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 15 - Marked police Berglund Chevrolet $ 100,708.95 units (compact class) 2 3 - Unmarked police Berglund Chevrolet $ 17,460.90 units (compact class) 3 1 - Compact class auto- Dominion Dodge $ 4,439.75 mobile without air conditioning 3A 10 - Compact class auto- Dominion Dodge $ 48,757.50 mobiles with air conditioning 4 1 - Sedan for Fire Berglund Chevrolet $ 6,239.74 Department TOTAL $ 177,606.84 2. That 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; 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 bidders for the aforesaid purchase prices, not to exceed the sums hereinabove set out, such funds having been heretofore appropriated for this 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. APPROVED ATTEST: City Clerk Mayor 226 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1978. No. 24456. A RESOLUTION repealing Resolution No. 24424, adopted December 4, 1978, and authorizing agreements to be entered into with other political subdivisions relating to said others' use of Outreach Detention Services. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Resolution No. 24424, adopted December 4, 1978, is hereby REPEALED; 2. That the City Manager be and he is hereby authorized and directed to extend to the proper authorities of the counties of Alleghany, Bath, Botetourt, Roanoke and Craig, and to the cities of Clifton Forge, Covington, and Salem, the City's offer to enter into written agreement with said other jurisdictions, in a form acceptable to the City Attorney, providing for Outreach Detention services through the Roanoke Juvenile Detention Home, located at Route 1, Box 479, Roanoke Virginia, in Botetourt County. Such agreement shall further provide, inter alia, that said jurisdictions shall pay to the City for each day each such child is assigned to the Outreach Deten- tion program an amount equal to the local per diem cost of operating such program for the prior fiscal year, which amount is currently $2.91 per day per child, but said amount to be adjusted and changed on the first day of January, 1980, and each and every year thereafter during the time such agreements remain in effect to the amount of the local per diem cost of operating the program for the past fiscal year, and such agreements shall be terminable by either party upon ten (10) days written notice to the other; and 3. That the City Manager be, and he is hereby authorized and directed to notify contracting jurisdictions that the previous contracts pertaining to the Outreach Detention program will be terminated. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1978. No. 24457. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Hershberger Storm Drainage #6847 (1, 2, 3, 4, 5) .......... $2,927,990.00 (1) Net decrease (A35684791005) (2) Net decrease (A35684791010) (3) Net decrease (A35684791015) (4) Net decrease (A35684791020) (5) Net increase (A35684795381) $ 102.71 1,000.00 18,567.53 1,000.00 20,670.24 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1978. No. 24458. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Commonwealth's Attorney Training #7493 (1) ................. $1,558.00 REVENUE Commonwealth's Attorney Training (2) ....................... $1,558.00 (1) Net decrease (A35749323005) (2) Net decrease (R35749321) $634.95 634.95 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, 1978. No. 24459. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS RADAR #6206 (1) ......................................... $36,811.40 REVENUE RADAR (2) ............................................... 36,811.40 (1) Net decrease (A35620620010) (2) Net decrease (R35620621) $23.60 23.60 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: CitY Clerk Mayor 227 228 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1978. No. 24460. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Sewage Lateral Replacement #3601 (1) ..................... $816,963.94 Forest Park Blvd. Replacement Sewer (2) .................. 112,320.50 (1) Net decrease (A08360190001) (2) Net increase (A08360890065) $112,320.50 112,320.50 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 26th day of December, 1978. No. 24461. AN ORDINANCE accepting a bid opened before the City Council on December 4, 1978, from E. C. Pace and Company, for construction of the Forest Park Boulevard Replacement Sewer Project; rejecting certain other bids therefor; authorizing the proper City officials to execute the requi- site contract; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of E. C. Pace and Company, made to the City offering to furnish all labor, machinery and materials necessary for the construction of the Forest Park Boulevard Replacement Sewer Project, including the backfill material alternate more particularly described in the report of the Bid Committee dated December 26, 1978, in accordance with the City's plans and specifications, and for a total lump sum price of $112,320.50, cash, be and said proposal is hereby ACCEPTED; 2. That the City Manager and the City Clerk be, and they are hereby authorized and directE for and on behalf of the City to execute and to seal and attest, respectively, the requisite con- tract with E. C. Pace and Company, the same to incorporate the terms and conditions of this ordinance, the terms of the said bidder's proposal, and the City's plans and specification for such work; said contract to be upon such form as is approved by the City Attorney; 3. That, upon satisfactory performance of said work accepted by the City as meeting all specifications, the City's Director of Finance shall be, and is hereby authorized to make payment to said contractors in accordance with the provisions of this ordinance and the aforesaid contract; charging such payments to appropriations made by the City for said work; 4. That the other bids made to the City for the aforesaid work be, and the said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said 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: APPROVED 229 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1978. No. 24463. AN ORDINANCE authorizing and directing the City Manager to enter into an agreement with a realtor for rental of two residential properties bearing Official Tax Nos. 3014003 and 3014005, 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 hereby is authorized to enter into an agreement with a realtor for rental of residential properties bearing Official Tax Nos. 3014003 and 3014005, after the City has received good title to said properties, such agreement to provide for a commission of not more than ten percent (10%) to the realtor with the balance of the rental to be paid to the City; such agreement to further provide that any lease of such properties shall give the City the right to terminate same upon sixty (60) days notice to lessee; and such agreement to contain such other reasonable terms and provisions as may be required by the City Manager and to be, otherwise, upon 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. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1978. No. 24468. A RESOLUTION authorizing the City Manager or, in his absence, the Assistant City Manager to execute on behalf of the City of Roanoke, certain documents relating to Environmental Protection Agency grants, and authorizing either of the aforementioned persons to execute Grant Amendment No. 1 to the E.P.A. Grant C-510-510-01. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager, H. B. Ewert, or, in his absence, the Assistant City Manager, Sam H. McGhee, III, be and they are hereby authorized to execute, for and on behalf of the City, Grant Amendment No. i to Grant No. C-510-510-01, from the United States Environmental Protection Agency to the City, which Amendment requests final payment in the amount of $8,492.00, representing~ a decrease of $36,874.00 from the grant amount; 2. That the City Manager, H. B. Ewert, or, in his absence, the Assistant City Manager, Sam H. McGhee, III, be and they are hereby authorized to execute for and on behalf of the City, any and all grant documents required by the United States and pertaining to Environmental Protection Agency Grant No. C-510-510-01; and 3. That the City Clerk is directed to transmit an attested copy of this Resolution to the Director, Office of Grants Coordination, United States Environmental Protection Agency, Region III, 6th and Walnut Streets, Philadelphia, Pennsylvania 19106. APPROVED ATTEST: City Clerk Mayor 23O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1978. No. 24469. AN ORDINANCE authorizing execution of an amendment of a contract, dated April 19, 1978, with Preston Carroll Company, Inc., so as to provide for five percent retainage,after completion of fifty percent of construction; 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, for and on behalf of the City, to execute and attest, respectively, a written amendment to the City's contract, dated April 19, 1978, with Preston Carroll Company, Inc., execution of such contract having been previously approved by this Council through adoption of Ordinance No. 24048 on February 27, 1978,.to provide for five percent retainage after fifty percent of the contracted construction is completed, rather than ten percent retainage after fifty percent of the contracted construction is completed as &s provided for by the aforementioned contract; 2. That the City Manager be and he is hereby directed to transmit copies of this ordinance to the State Water Control Board and to the Environmental Protection Agency; 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 May o r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1978. No. 24470. AN ORDINANCE providing for the City's acquisition of Lot 14 and a portion of Lot 15, Block 35, Map of Crystal Spring Land Company, bearing Official Tax No. 1061307, in the City of Roanoke, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of Richard J. Key and Sue G. Key to sell and convey to the City all of Lot 14 and a portion of Lot 15, Block 35, Map of Crystal Spring Land Company, in this City, and bearing Official Tax No.' 1061307 as shown on the City's Official Tax Appraisal Map, for the cash sum of $47,500.00 be, and said offer is hereby ACCEPTED; 2. That, upon delivery to the City of a good and sufficient deed of conveyance, granting and conveying to the City the fee simple title to the aforesaid land, free and clear of all encumbrances and containing general warranty and modern English covenants of title on behalf of the grantors, Richard J. Key and Sue G. Key, 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 payment of the $47,500.00 purchase price hereinabove provided, less any amount due to be paid the grantors as taxes; and 3. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, 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, 1978. No. 24471. AN ORDINANCE..to amend and reordain certain sections of the 1978-79 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 1978-79 Sewage Treatment Fund and Capital Projects Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND Appropriations General Operating #2003 (1, 2, 3, 4) ..................... $3,389,161.49 CAPITAL PROJECTS FUND Appropriations Capital Improvement Reserve #6001 (5) .................... $3,883,000.00 Rosalind Avenue Property #4828 (6) ....................... 87,500.00 (1) Net decrease (A03200325581) (2) Net decrease (A03200340078) (3) Net decrease (A03200340093) (4) Net increase (A03200325593) (5) Net decrease (A08600172501) (6) Net increase (A08482890050) $ 8,537.71 5,000.00 40,468.15 54,005.86 48,500.00 48,500.00 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 26th day of December, 1978. No. 24472. A RESOLUTION establishing a formula and procedure for calculating the rates charged other incorporated municipalities purchasing surplus, bulk water from the City of Roanoke; repealing Subparagraph B, Rule 39, Section 5, Rules and Regulations, Chapter 1, Water Department, Title XII, Water, Code of the City of Roanoke (1956), as amended; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the rate charged to other incorporated municipalities purchasing surplus, bulk water from the City of Roanoke for resale to lawful customers shall be calculated in accordance with the following formula: Rate per 100 cu. ft.= f x (O&M+Debt service+Interest+Capital Outlay from Revenue) Water delivered (in 100 cu. ft. units) 2. That the words, terms and conditions used in the foregoing formula shall have the following definitions: (a) f - a factor having a value of 1.5. (b) O&M - Annual cost of operating and maintaining the City's entire water system, but O&M shall exclude payment in lieu of taxes, depreciation, reserve for replacement, and the cost to the City of billings and collection from the City's retail water customers. Administrative expenses, which shall not exceed 7.02 percent, being the percentage of administrative expenses set forth in the City's 1977-1978 Water Fund Budget, shall be included in operation and maintenance. 232 (c) Interest - Annual interest cost to the City for outstanding debt on the City's water system. The purchasing municipali- ty shall be credited with revenue received from the invest- ment of unexpended bond funds. Said credit shall reduce the annual interest cost for purposes of the rate calculation. (d) Debt Service - Annual cost to the City for debt retirement of the water system, less developer contributions and Federal and State grants designated for or actually applied to debt retirement. (e) Capital Outlay from Revenue - Actual expenditures in any fiscal year for capital outlay from that current fiscal year's earnings or any previous fiscal year's retained earnings, provided, however, that not more than twenty percent (20%) of the retained earnings existing on June 30, 1977, which retained earnings were $4,550,000.00, may be spent in any one fiscal year without the purchasing municipality having the option of deferring payment on said excess over the twenty percent (20%) to a subsequent fiscal year by agreeing to pay interest annually at the average weighted discount rate charged member banks in the Fifth Federal Reserve District on the deferred payment for the period of deferral. Such deferred payment shall be made at the earliest time that the twenty percent (20%) n~ximum amount is not reached. (f) Water delivered - The total water delivered through the City's water system to the City's retail and bulk water customers. 3. That the Director of Finance shall calculate the new rate to be established in accordance with the foregoing formula at the conclusion of each fiscal year and advise the appropriate officials of the incorporated municipalities purchasing such water from the City of Roanoke, with copies of such communication to this Council and the City Manager, as to such new rates which shall be effective as soon as practicable on a certain date to be established by the Director of Finance; provided, however, that the first assessment of water rate pursuant to the new formula and procedures established by this resolution shall be effective January 1, 1979; and 4. That Subparagraph B of Rule 39 of Section 5, Rules and Regulations, of Chapter 1, Water Department, of Title XII, Water, Code of the City of Roanoke (1956), as amended, be and is hereby REPEALED. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1979. No. 24449. AN ORDINANCE authorizing and directing the proper City officials to execute and deliver indentures to the Appalachian Power Company to erect and maintain electric lines on two parcels of land owned by the City. BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby authorized and directed for and on behalf of the City, to execute and deliver indentures to the Appalachian Power Company, conveying unto said Company rights-of-way, and easements, with the right, privilege and authority to said Company, its successors and assigns, to construct, erect, operate and maintain electric lines to transmit electric power through land owned by the City (1) to the low lift pump station at Carvins Cove Lift Pump Station, and (2) to land located on the southerly side of Municipal Road, N. W. and owned by Sidney A. and Ann L. Weinstein, the location of such being shown on Appalachian Power Company's Drawing No. R-1325, dated November 21, 1978, entitled "Proposed Right-of-way on Property of City of Roanoke"; the foregoing rights-of-way being granted by the City for the nominal consideration of $1.00, each; all after the indentures have been approved as to form by the City Attorney. APPROVED ATTEST: City Clerk Mayor 233 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1979. No. 24462. AN ORDINANCE authorizing and providing for the City to sublease the premises located at 4308 Appleton Avenue, N. W., in the City of Roanoke, to Western Branch Diesel, 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 a written sublease agreement on behalf of the City providing for the sublease of the temporary Fire Station #13 property located at 4308 Appleton Avenue, N. W., in the City of Roanoke, to Western Branch Diesel, Inc., for the period commencing January 1, 1979, and terminating March 31, 1979, at a monthly rental of $850.00 and, further providing for payment by the City of Roanoke of a realty fee of $85.00 per month to National Realtors, Inc.; such sublease 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 2nd day of January, 1979. No. 24464. AN ORDINANCE changing the name of a certain street within the corporate limits of the City of Roanoke in the Gainsboro Neighborhood Development Project area. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the name of a portion of McDowell Avenue, N. W., as shown on the map attached to the report of William G. Kuthy, Deputy Manager of City Planning, dated November 22, 1978, in the City of Roanoke be changed and renamed Hackley Avenue, N. W.; 2. That the City Engineer be, and he is hereby directed to cause the above established street name to be appropriately noted on all maps and plats lodged in his care; 3. That the City Manager be, and he is hereby authorized to cause the placement of appropriate street name signs on said street; and 4. That the City Clerk transmit to the Postmaster of the City of Roanoke six (6) attested copies of this ordinance in order that said Postmaster be apprised of the aforesaid street name change. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1979. No. 24465. So Wo AN ORDINANCE providing the name for the City's new park between llth and 12th Streets, WHEREAS, this Council deems it proper and fitting, in assigning a name to its new park in the Southwest (West End) area of the City, to do honor to the memory of one of this City's esteemed citizens, the late PFC Willie Earl Perry, who was killed in action July 30, 1950, during the Korean Conflict. 234 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City's newly-acquired public park, located in the West End area between llth Street and 12th S. W., be designated, named and known as "Perry Park". ATTEST: APPROVED City Clerk Street, Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1979. No. 24466. AN ORDINANCE naming a certain road leading from Route 419 to Hidden Valley Junior High School in the City of Roanoke Hidden Valley School Road, in order to provide a unified street name system. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That in accordance with a report and recommendation of the City Planning Commission dated December 7, 1978, the road leading from Route 419 to Hidden Valley Junior High School in the City of Roanoke be named Hidden Valley School Road; 2. That the City Engineer be, and he is hereby directed to cause the above established street name to be appropriately noted on all maps and plats lodged in his care; and 3. That the City Clerk transmit to the Postmaster at Roanoke six (6) attested copies of this ordinance, in order that said Postmaster be advised of the aforesaid street name change. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1979. No. 24467. AN ORDINANCE changing the name of a portion of a certain street within the corporate limits of the City of Roanoke from Countryside Road, N. W., to Highland Farm Road, N. W., in order to provide a unified street name system. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That, in accordance with a report and recommendation of the City Planning Commission dated December 7, 1978, that portion of Countryside Road, N. W., between Highland Farm Road and Ferncliff Road, in the City of Roanoke be changed and renamed Highland Farm Road, N. W.; 2. That the City Engineer be, and he is hereby directed to cause the above established street name to be appropriately noted on all maps and plats lodged in his care; 3. That the City Manager be, and he is hereby authorized to cause the placement of appropriate street name signs on said street; and 4. 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 2nd day of January, 1979. No. 24473. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Civic Center Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: Promotional Expenses #2020 (1) ............................... $53,007.91 (1)Net increase (A05202020090) $10,000.00 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 January, 1979. No. 24474. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 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, 2, 3, 4, 5) ................... $133,270.08 REVENUE Title XX Receipts (6) ..................................... 133,270.08 (1) Net increase (A01154020060) (2) Net increase (A01154020061) (3) Net increase (A01154020066) (4) Net increase (A01154020068) (5) Net increase (A01154020069) (6) Net increase (R01100301) $6,882.76 909.09 3,790.29 -24,090.37 1,117.02 36,789.53 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 235 236 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1979. No. 24475. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Social Services #1537 (1) ............................. $5,144,014.00 REVENUE Grants-in-Aid Commonwealth (2) ........................ 8,796,782.04 (1) Net increase (A01153750701) $200,000.00 (2) Net increase (R01061901) 200,000.00 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 January, 1979. No. 24476. AN ORDINANCE authorizing the City Manager to enter into a Cooperative Agreement between the City and the United States Geological Survey to maintain an investigation of certain water resources and for the operation of gauging stations thereon from October 1, 1978 to September 30, 1979, 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 new Cooperative Agreement with the Geological Survey, United States Department of the Interior, for the investigation of the water resources of Catawba, Tinker and Back Creeks for the period from October 1, 1978 to September 30, 1979, at a cost to the City of $4400.00; said agreement to be 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. ATTEST: City Clerk APPROVED Mayor 237 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1979. No. 24477. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contingencies #1880 (1) ................................... $1,859,790.18 City Manager #201 (2 - 10) ................................ 254,859.50 Employee Benefits #1810 (11, 12, 13) ...................... 4,522,781.00 (2) Net (3) Net (4) Net (5) Net (6) Net (7) Net (8) Net (9) Net (10) Net (11) Net (12) Net (1) Net decrease (A01188072006) increase (A01020110002) increase (A01020121005) mncrease (A01020123005) · ncrease (A01020125515) mncrease (A01020129005) mncrease (A01020130005) zncrease (A01020130010) · ncrease (A01020130050) increase (A01020190005) mncrease (A01181011005) mncrease (A01181011010) (13) Net ~ncrease (A01181011015) $21,450.00 9,000.00 220.00 2,000.00 180.00 570.00 900.00 100.00 3,000.00 3,250.00 1,603.00 552.00 75.00 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 8th day of January, 1979. No. 24479. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS BJilings & Collections #409 (1) ............................ $266,173.00 Engineering, Planning & Building Inspection #1248 (2) ...................................... 804,445.00 (1) Net decrease (A01040990010) (2) Net increase (A01124890010) .$5,200.00 5,200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 238 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1979. No. 24480. AN ORDINANCE to amend and reordain subparagraph (j) of Section 2, Powers and duties generally, of Chapter 5, The Cit~ Manager, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, raising to $5,000.00 the maximum amount of money the City Manager may transfer within or between the several departments and divisions set forth in the Annual Appropria- tion Ordinance, rather than the current ceiling of $1,000.00; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That subparagraph (j) of Section 2, Powers and duties 8enerally, of Chapter 5, The City Manager, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, be, and said subparagraph is hereby amended to read and provide as follows: Section 2. Powers and duties 8enerally. (j) To make or cause to be made transfers of funds, not exceeding $5,000.00, within or between the several departments and divisions set forth in the Annual Appropriation Ordinance. 2. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1979. No. 24481. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contingencies #1880 (1) .............................. $1,772,130.05 Employee Benefits #1810 (2) ................. ~ ........ 4,621,347.00 Miscellaneous #1850 (3) .............................. 436,750.00 (1) Net decrease (A01188072015) (2) Net increase (A01181011005) (3) Net increase (A01185081601) $119,796.00 100,796.00 19,000.00 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 8th day of January, 1979. No. 24482. AN ORDINANCE authorizing and providing for the lease by the City of a certain parcel of land and building located at 3772 Aerial Way Drive, S. W., from the owner of said property, to be used as a fire station and living quarters for on-duty fire fighters, upon certain terms and condi- tions; 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 to enter into a new written lease agreement on behalf of the City with Mr. George R. Preas, for a certain parcel of land and building located at 3772 Aerial Way Drive, S. W., for its continued use as a fire station and living quarters for on-duty fire fighters, for a one (1) year term at an annual rent of $12,000.00 payable in equal monthly installments of $1,000.00, beginning on January 1, 1979, and terminating December 31, 1979; 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 for the usual daily operation of the municipal 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 January, 1979. No. 24483. AN ORDINANCE authorizing the City's execution of a written license agreement with Norfolk and Western Railway Company providing a right to the City to construct, maintain and operate an underground sanitary sewer carrier pipe line under and across said Company's property, in connection with the City's Downtown-Norfolk Avenue Sanitary Interceptor Sewer Replacement Project, along the south side of the Lick Run Channel, 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, or in his absence, the Assistant City Manager, be, and he is hereby authorized and empowered on behalf of the City to execute, in the name of the City, a certain written agreement in the form of a license, on standard Form C.E. 15 (rev. 9-66) of the Norfolk and Western Railway Company, granting to the City for the nominal lump sum consideration of $1.00, the right to construct, maintain, repair, renew, operate, use and remove a certain sanitary sewer carrier pipe line consisting of various diameter pipe under and across the land and under the tracks of said Company, as shown on Plan V-10-VA-2, dated November 1, 1978, which said agreement shall provide, inter alia, that the City will pay the entire expense of placing said pipe line under said land and tracks, and will keep said line in good repair; and that the City will agree to indemnify and save said Company harmless against loss or damage arising out of the City's exercise of the privileges under said agreement; said agreement to be upon such form, otherwise, as is approved by the City Attorney; and 2. That, in order to prevent any delay in the construction scheduling for such project, the Board of Directors of said Company is requested to authorize execution of such written license agreement at its next regularly scheduled meeting; 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 239 24O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1979. No. 24484. A RESOLUTION redesignating the City of Roanoke Highway Safety Commission as the City of Roanoke Transportation Safety Commission; providing for the membership thereof; and prescribing the duties of such Commission. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke Highway Safety Commission is hereby redesignated as the City of Roanoke Transportation Safety Commission; 2. That in addition to those responsibilities and duties of the Highway Safety Commission, the Transportation Safety Commission is charged with the following responsibilities: (a) formula- tion of such programs for the City as may be appropriate for the encouragement and fostering of highway, rail, air, water, and mmss transit safety; (b) evaluation of the safety measures currently in use by all transport operators in all modes which operate in or through the City of Roanoke; (c) recommendation to this Council of all corrective measures, policies, procedures, plans and programs which are needed to make the movement of passengers and property in and through the City of Roanoke as safe as reasonably practicable; and (d) to engage in training and educational activi- ties aimed at enhancing the safe transport of passengers and property in and through the City of Roanoke; 3. That the membership of such Commission shall consist of eleven members with the nine members of the Highway Safety Commission continuing to serve on the Transportation Safety Commission for the terms to which they were heretofore appointed; 4. That two new members shall be appointed to the Transportation Safety Commission for terms commencing upon their appointment and qualification and terminating October 31, 1980; 5. In filling vacancies on the Transportation Safety Commission, Council shall attempt to insure membership on such Commission of persons having particular interest in highway, rail, air, water and mass transit safety; and 6. That the City Clerk shall transmit to each of the present members of the Highway Safety Commission (hereafter Transportation Safety Commission) an attested copy of this resolution. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1979. No. 24485. AN ORDINANCE amending Ordinance No. 24431 heretofore adopted on December 4, 1978, which provided for the City's acquisition of Parcels 20-A and 20-C, Commonwealth Redevelopment Project VA. 7-1, bearing Official Tax Nos. 3014003 and 3014005, respectively, so that said deeds of convey- ance shall contain appropriate warranties and covenants rather than general warranty and modern English covenants, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That paragraph numbered 3 of Ordinance No. 24431, heretofore adopted December 4, 1978, is hereby amended to read as follows: 3. That, with respect to each property designated above, upon delivery to the City of a good and sufficient deed of conveyance, granting and conveying to the City the fee simple title to such property, containing appropriate warranty and covenants on behalf of the grantors, 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 payment of the respective purchase price herein- above provided, less any amount due to be paid by the grantors as taxes; and 2. That except as specifically amended herein, Ordinance No. 24431 is and shall remain. in full force and effect; 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 8th day of January, 1979. No. 24486. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Education #1901 (1) .................................. $28,427,940.60 REVENUE State and Federal Programs (2) ....................... 2,087,242.60 (1) Net increase (A01190175001) $145,559.60 (2) Net increase (R01191001) 145,559.60 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of January, 1979. No. 24487. A RESOLUTION, pursuant to Section 36-55.39B, Code of Virginia (1950), as amended, expressing to the Virginia Housing Development Authority the disapproval of the Council of the City of Roanoke of the proposed multi-family residential development known as Lee-Hy Manor Apartments. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That, pursuant to Section 36-55.39B, Code of Virginia (1950), as amended, the Council of the City of Roanoke hereby notifies the Virginia Housing Development Authority that it DISAPPROVES of the proposed 108 unit multi-family residential development known as Lee-Hy Manor Apartments to be located off Brandon Avenue, S. W. and Lee Highway (State Route 11) in the City of Roanoke; 2. That this Council DISAPPROVES of this proposed development because it is inconsis- tent with the priorities for publicly assisted housing that Council established in Resolution No. 23586, dated April 25, 1977, is inconsistent with the intent of the City's 1978-1979 Housing Assistance Plan, and is not in a census tract which the City intended in its Housing Assistance Plan to be designated for the construction of publicly assisted multi-family developments; and 3. That the City Clerk is directed to transmit forthwith, by Certified Mail, Return Receipt Requested, an attested copy of this Resolution to Mr. John Ritchie, Jr., Executive Director, Virginia Housing Development Authority, 13 South 13th Street, Richmond, Virginia 23219 APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1979. No. 24478. AN ORDINANCE to amend Sections 41 and 41.1 of Chapter 2.1, Land Subdivision Regulations, of Title XVI, Planning and Subdivisions, of the Code of the City of Roanoke (1956), as amended, to provide for a charge of $50.00 for the review and approval of an application to vacate a subdivision plat. BE IT ORDAINED by the Council of the City of Roanoke as follows: That Sections 41 and 41.1 of Chapter 2.1, Land Subdivision Regulations, of Title XVI, Planning and Subdivisions, of the Code of the City of Roanoke (1956), as amended, be amended and reordained to read and provide as follows: Sec. 41. Fees - Authorit~ to establish. City Council may establish a schedule of fees, charges, and expenses, including a collection procedure for the review and approval of all plats and applications to vacate plats by the Agent. The schedule of fees, charges, and expenses shall be made available by the A~ent and may be altered or amended only by City Council. Sec. 41.1. Same - Amount and collection. The fQllowing fees shall be charged for the review for approval of all subdivision plats and shall be paid to the Planning Department upon the filing of application for such review and approval:. Subdivision of 5 lots or less ............. $10.00 Subdivision of more than 5 lots ........... $10.00 plus $10.00 per lot. The following fee shall be charged for the review for approval of all applications to vacate subdivision plats and shall be paid to the Planning Department upon the filing of such application: Ail applications to vacate plat ........... $50.00. ATTEST: APPROVED City Clerk Mayor 243 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1979. No. 24488. A~ ORDINANCE to amend and reordain certain sections of the 1978-79 Grant Programs Fund Appropriations, and providing for an emergency. ~HEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Litter Control Act #6225 (1) .............................. $7,927.00 REVENUE Litter Control Act #6225 (2) .............................. $7,927.00 (1) Net increase (A35622520010) $7,927.00 (2) Net increase (R35622521) 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 CO~CIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1979. No. 24489. A RESOLUTION authorizing the acceptance of a grant made to the City of Roanoke by the Virginia Department of Conservation and Economic Development, Division of Litter Control, and authorizing the execution and filing of all necessary or appropriate forms for the acceptance of said grant for the purpose of litter control projects. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke hereby accepts the grant offered by the Virginia Department of Conservation and Economic Development, Division of Litter Control, in the total amount of $7,927.00, for the purpose of litter control projects; 2. 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 all necessary or appro- priate forms for the acceptance of said grant; and 3. That the City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Conservation and Economic Development, Division of Litter Control, in connection with the City's acceptance of the foregoing grant or with such projects. APPROVED City Clerk Mayor 244 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1979. No. 24490. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.E.T.A. Unobligated Funds #7825 (1) ....... ~ ........ $557,615.00 REVENUE C.E.T.A. Unobligated Funds #7801 (2) ................ $557,615.00 (1) Net increase (A35782572002) (2) Net increase (R35780101) $557,615.00 557,615.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1979. No. 24491. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.E.T.A. Unobligated Funds #7825 (1) ................ $754,140.00 REVENUE C.E.T.A. Unobligated Funds #7801 (2) ................ $754,140.00 (1) Net increase (A35782572006) (2) Net increase (R35780101) $754,140.00 754,140.00 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 January, 1979. No. 24492. AN ORDINANCE amending and reordaining Section 2, Rules of Procedure, Chapter 4, The Council, Title II, Administration, Code of the City of Roanoke (1956), as amended, establishing a consent agenda procedure to be utilized by Council in the conduct of its business; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Rule 7, Order of business; hearing of citizens, Section 2, Rules of Procedure, Chapter 4, The Council, Title II, Administration, Code of the City of Roanoke (1956), as amended, be, and said Rule is hereby amended and reordained so as to read and provide as follows: Rule 7. Order of business; hearing of citizens. In the ordinary transaction of business the following order shall be observed: 1. Roll call; 2. Consent agenda; 3. Hearing of citizens upon public matters; 4. Petitions and Communications; 5. Reports of officers; 6. Reports of committees; 7. Unfinished business; 8. Introduction and consideration of ordinances and resolutions; and 9. Motions and Miscellaneous business. When the last order is reached, the presiding officer shall inquire if there be any citizen present who desires to be heard upon any public matter. The presiding officer may place a rea- sonable time limit on such hearing. 2. That Section 2, Rules of Procedure, Chapter 4, The Council, Title II, Administration, Code of the City of Roanoke (1956), as amended, be and said section is hereby amended by the addition of a new Rule, numbered 7A, to read and provide as follows: Rule 7A. Consent agenda. Those items required to be considered by the Council and considered to be routine, non-controversial and requiring no discussion shall be placed on the Consent Agenda by the City Clerk. The Clerk shall note the recommended action for each item. The Consent Agenda shall include, among other items, the following: 1. Approval of minutes; 2. Setting of matters for public hearing; 3. Letters of resignation and' communica- tions advising of the qualification of Council appointees; 4. Resolutions appointing viewers to view streets and alleys petitioned for vaca- tion, resolutions fixing dates for spe- cial and regular meetings of Council and resolutions naming streets and parks; and 5. Other items considered by the Clerk to me~t the ~tandard hereinabove set forth. Any items placed on the Consent Agenda by the Clerk shall be removed upon oral request of any member of Council, the City Manager or other Council-appointed officer made prior to con- sideration of the Consent Agenda. The remaining items on the Consent Agenda and the Clerk's recommended action shall then be approved by one motion followed by a roll call vote. 3. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, ahd this ordinance shall be in full force and effect upon its passage. City Clerk APPROVED Mayor 246 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1979. No. 24493. AN ORDINANCE to amend Section 4(g)(6), Personnel Committee, of Chapter 4 of Title II of the Code of the City of Roanoke (1956), as amended, so as to provide that the City Personnel Committee shall be composed of all members of City Council; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 4(g)(6), Personnel Committee, of Chapter 4, The Council, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, be and said subsection is hereby amended to read and provide as follows: Section 4. Authorities, Boards, Commissions and Committees. g. Permanent Committees. (6) Personnel Committee. The personnel committee of City Council shall be composed of all members of the Council. The personnel committee shall have the responsibility of screening, interviewing and selecting the person best qualified to fill any vacancy that may occur in any of the six full-time positions within City government which are appointed or elected by City Council. The personnel committee shall also have the responsibility for evaluating the aforementioned council appointees on their anniversary dates. 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 22nd day of January, 1979. No. 24494. 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 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 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 identifying the various costs incurred by the City in administering various federal programs, the negotiation of such plan with the Commonwealth of Virginia, and assistance in preparing the initial claims to the Commonwealth of Virginia for recovery of any funds due the City, for a consideration in the amount of one-half of any funds thereby recovered, up to a maximum of $12,000.00; 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 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 is approved by the City Attorney; and 2ZI. 7 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. ATTEST APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1979. No. 24495. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 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 Parks and Recreation #1375 (1) .......................... $ 536,539.93 Contingencies #1880 (2) ................................. 1,858,767.68 Miscellaneous #1850 (3) ................................. 317,750.00 Education #1901 (4) ..................................... 28,327,078.00 Transfers #1855 (5) ..................................... 15,251,581.04 REVENUE State School Funds (6) .................................. 10,659,762.00 CAPITAL PROJECTS FUND APPROPRIATIONS William Fleming High School #4816 (7) ................... 3,417,417.26 (1) Net increase (A01137510008) (2) Net decrease (A01188072006) (3) Net decrease (A01185081501) (4) Net increase (A01190175001) (5) Net increase (A01185587508) (6) Net increase (R01190401) (7) Net increase (A08481690001) $ 1,022.50 1,022.50 100,000.00 44,697.00 100,000.00 44,697.00 100,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 24,8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1979. No. 24496. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contributions & Subsidies #1832 (1) .................. $1,856,544.00 Contingencies #1880 (2) .............................. 1,659,813.02 (1) Net increase (A01183270419) (2) Net decrease (A01188072006) $43,549.00 43,549.00 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 February, 1979. No. 24497. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONs Contingencies #1880 (1) .............................. $1,732,284.18 Parks & Recreation #1375 (2) ......................... 536,507.43 (1) Net decrease (A01188072006) (2) Net increase (A01137510008) $990.00 990.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 249 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1979. No. 24498. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Social Services #1537 Foster Care (1) ........................................ $434,000.00 Disabled Auxiliary Grant (2) ........................... 109,000.00 REVENUE Public Assistance (3) .................................. $4.718,550.00 (1) Net decrease (A01153751901) (2) Net increase (A01153751501) (3) Net increase (R01061901) $56,000.00 56,000.00 7,000.00 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 5th day of February, 1979. No. 24499. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS OAR #7497~(1) ............................................. $98,818.00 REVENUE OAR #7497 (2) ............................................. 98,818.00 (1) Net increase (A35749720010) (2) Net increase (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 25O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1979. No. 24500. A RESOLUTION authorizing the acceptance, execution and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds for implementation of a comprehensive program by OAR of Roanoke, Inc., of providing certain volunteer counseling services to delinquent juveniles. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That H. B. Ewert, City Manager, be and he is hereby authorized to accept, execute and file the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for Action Grant No. 79-A4809J for Federal funds in the amount of $98,818.00 through said Division, to be used in implementation of a comprehensive program by OAR of Roanoke, Inc., of providing certain volunteer counseling services to delinquent juveniles in the City. 2. That the said City Manager be and he is further authorized and directed to enter into an agreement, approved as to form by the City Attorney, with OAR of Roanoke, Inc., to perform the necessary services to implement the grant project and to provide all records required, necessary and pertinent to enable the City to make such assurances, representations and agreements to conditions as are required of recipients of grants of such Federal funds, and to further require a fidelity bond in favor of the said City in the premises; and 3. That the City Manager or his successor in office is further authorized and directed to furnish such additional information as may be required by the Division of Justice and Crime Prevention in connection with the City's aforesaid acceptance of said grant or with such project. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1979. No. 24502. AN ORDINANCE to amend and reordain Title X.2, Human Resources, of the Code of the City of Roanoke (1956), as amended, by changing the name of the Advisory Board of Human Services and continuing it as the Advisory Board of Human Resources, and adding to Chapter 1, therein, a new section numbered 7, entitled Advisory Board of Human Resources; membership; terms; meetings, and a new section numbered 8, entitled Advisory Board of Human Resources; powers and duties; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Chapter 1 of Title X.2, Human Resources, of the Code of the City of Roanoke (1956), as amended, be and said Chapter is hereby amended by the addition of new sections numbered 7 and 8, to read and provide as follows: Sec. 7. Advisory Board of Human Resources; member- ship; terms; meetings. City Council shall appoint an Advisory Board of Human Resources to serve in an advisory capacity to the Director of Human Resources with respect to the duties and functions imposed upon the Director as the local board of welfare. The Advisory Board shall consist of nine members who shall serve for terms of four years. Members of the Board shall hold no other office of profit under the City government and shall serve without compensation. Notwithstanding anything in this chapter to the contrary, the terms of members initially appointed to the reconstituted nine-member Board by Council shall be two for one year, two for two years, two for three years, and three for four years. Council shall, at the time of its appointments to the nine- member Board, designate which of the terms are respectively for one, two, three and four years. Subsequent appointments shall be for a term of four years each, except that appointments to fill vacancies shall be for the unexpired terms. No person shall serve more than two consecutive terms. The Director of Human Resources shall be an ex-officio member, without vote, of the Advisory Board. The Advisory Board shall annually choose one of its members to be chair- man for a term of one year and until his successor is chosen and qualifies. An employee of the Directorate of Human Resources shall be assigned by the Director to act as secretary of the Board. The Board shall meet at least bi-monthly and special meetings may be called by the chairman on the petition of at least one-half of the members. Sec. 8. Advisory Board of Human Resources - powers and duties. The powers and duties of the Advisory Board shall be as follows: (a) to interest itself in all matters pertaining to the social welfare of the people of this City; (b) to monitor the formulation and implementation of social welfare programs in this City; (c) to meet with the Director of Human Resources at least four times a year for the purpose of making recommenda- tions on policy matters concerning the Directorate; (d) to make an annual report to the City Council, con- current with the budget presentation of the Directorate of Human Resources concerning the administration of the public welfare program; and (e) to submit to the City Council from time to time, other reports that the Advisory Board deems appropriate. 251 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 5th day of February, 1979. No. 24503. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contingencies #1880 (1) ............................. $1,704,352.02 Sheriff #714 (2) .................................... 348,256.70 Jail #716 (3,4) ..................................... 602,226.41 Fringe Benefits #1810 (5,6,7,8,9) ................... 4,634,265.86 REVENUE Grants-In-Aid Commonwealth (10,11) .................. 8,828,161.35 Jail Per Diem Cost (12) ............................. 109,320.00 Training Officers Salaries (13) ..................... 20,600.00 (1) Net decrease (A01188072006) (2) Net increase (A01071420025) (3) Net increase (A01071610002) (4) Net increase (A01071630040) (5) Net increase (A01181011010) (6) Net increase (A01181011015) (7) Net zncrease (A01181011020) (8) Net increase (A01181011025) (9) Net ~ncrease (A01181011045) (10) Net ~ncrease (R01064001) (11) Net zncrease (R01064301) (12) Net zncrease (R01093501) (13) Net zncrease (R01093502) $27,899.66 3,611.70 63,698.41 5,700.00 3,905.00 900.00 1,290.00 3,185.00 1,408.86 27,759.31 3,620.00 3,820.00 20,600.00 252 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1979. No. 24504. A RESOLUTION approving the employment of twenty (20) additional employees in the Office of the Sheriff of the City of Roanoke for the purpose of staffing the new City Jail adequately, conditioned upon the approval and appropriate funding by the appropriate agencies of the Commonwealth of Virginia of such positions; and requesting said agencies to approve and appropriately fund the employment of another twenty (20) additional jail staff positions previously authorized by the Council. WHEREAS, this Council, based on an April 4, 1977, personnel survey by the Virginia Department of Corrections of anticipated personnel requirements for the new City Jail, has previously authorized and budgeted for the employment by the Sheriff of the City of Roanoke of twenty (20) additional employees; WHEREAS, the City Manager, by a report dated February 5, 1979, has advised this Council that the Virginia Department of Corrections has recommended in a September, 1978 study, that the Sheriff make a further addition of twenty (20) employees to his staff in the new City jail, in which report and recommendation this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body approves the employment by the Sheriff of the City of Roanoke of twenty (20) persons in addition to the twenty (20) new persons previously authorized and budgeted for, as employees in the Office of said Sheriff, which employees are needed because of the added personnel requirements of the new City jail; provided that the appropriate compensation for such positions is approved by the Compensation Board of the Commonwealth of Virginia and the Virginia Department of Corrections, as is appropriate, and that said Compensation Board and Department be advised of such approval by the City Clerk's transmittal of an attested copy of this resolution to said Compensation Board and Department. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1979. No. 24505. AN ORDINANCE to amend and reordain Ordinance No. 24376, adopted October 23, 1978, so as to provide for a five percent pay increase for those City employees with fifteen or more years of total service with the City; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Ordinance No. 24376, adopted October 23, 1978, be and said Ordinance is hereby amended and modified to the extent herein provided, on and after February 28, 1979; 2. That there be and is hereby adopted by the Council the Pay Plan hereinafter set out as Schedule I, which provides for a five percent pay increase for those City employees with fifteen or more years of total service with the City, such longevity pay increase indicated on the Pay Plan with pay ranges for employees with fifteen or more total years of service being designated as "iL, 2L, 3L", etc. (the number denoting the pay range and the "L" denoting that the range has application only to an employee having fifteen or more years of total service with the City), and which reads and provides as follows: 253 SCHEDULE I PAY PLAN FOR CITY OF ROANOKE EMPLOYEES INCLUDING LONGEVITY RANGE DESIGNATION EFFECTIVE FEBRUARY 28, 1979 RANGE A B C D E F 1 2 iL 3 2L 4 3L 5 4L 6 5L 7 6L 8 7L 9 8L 10 9L 11 10L 12 llL 13 12L 14 13L 15 14L 16 15L 17 16L 18 17L 19 18L 20 19L 21 20L A B H A B H A B H A B H A B H A B H A B H 5512.00 212.00 2.650 5785.00 222.50 2.781 6071.00 233.50 2.919 6370.00 245.00 3.062 6682.00 257.00 3.212 5785.00 6071.00 6370.00 222.50 233.50 245.00 2.781 2.919 3.062 6071.00 6370.00 6682.00 233.50 245.00 257.00 2.919 3.062 3.212 6370.00 6682.00 7033.00 245.00 257.00 270.50 3.062 3.212 3.381 6682.00 7033.00 7397.00 257.00 270.50 284.50 3.212 3.381 3.556 7033.00 7397.00 7787.00 270.50 284.50 299.50 3.381 3.556 3.744 6682.00 257.00 3.212 7033.00 270.50 3.381 7397.00 284.50 3.556 7787.00 299.50 3.744 8177.00 314.50 3.931 7033.00 7397.00 7787.00 8177.00 8593.00 270.50 284.50 299.50 314.50 330.50 3.381 3.556 3.744 3.931 4.131 7397.00 7787.00 8177.00 8593.00 9035.00 284.50 299.50 314.50 330.50 347.50 3.556 3.744 3.931 4.131 4.344 7033.00 270.50 3.381 7397.00 284.50 3.556 7787.00 299.50 3.744 8177.00 314.50 3.931 8593.00 330.50 4.131 9035.00 347.50 4.344 9503.00 365.50 4.569 A 7787.00 8177.00 8593.00 9035.00 9503.00 9971.00 B 299.50 314.50 330.50 347.50 365.50 383.50 H 3.744 3.931 4.131 4.344 4.569 4.793 A 8177.00 8593.00 9035.00 9503.00 9971.00 10478.00 B 314.50 330.50 347.50 365.50 383.50 403.00 H 3.931 4.131 4.344 4.569 4.793 5.038 A 8593.00 9035.00 9503.D0 9971.00 10478.00 11011.00 B 330.50 347.50 365.50 383.50 403.00 423.50 H 4.131 4.344 4.569 4.793 5.038 5.294 A 9035.00 9503.00 9971.00 10478.00 11011.00 11544.00 B 347.50 365.50 383.50 403.00 423.50 444.00 H 4.344 4.569 4.793 5.038 5.294 5.550 A 9503.00 9971.00 10478.00 11011.00 11544.00 12116.00 B 365.50 383.50 403.00 423.50 444.00 466.00 H 4.569 4.793 5.038 5.294 5.550 5.825 A B H 9971.00 383.50 4.793 12116.00 466.00 5.825 12714.00 489.00 6.113 13351.00 513.50 6.419 10478.00 403.00 5.038 10478.00 11011.00 11544.00 403.00 423.50 444.00 5.038 5.294 5.550 11011.00 11544.00 12116.00 423.50 444.00 466.00 5.294 5.550 5.825 11544.00 12116.00 12714.00 444.00 466.00 489.00 5.550 5.825 6.113 11011.00 423.50 5.294 A B H A B H 12714.00 489.00 6.113 13351.00 513.50 6.419 14027.00 539.50 6.744 A 11544.00 12116.00 12714.00 13351.00 14027.00 14716.00 B 444.00 466.00 489.00 513.50 539.50 566.00 H 5.550 5.825 6.113 6.419 6.744 7.075 A 12116.00 12714.00 13351.00 14027.00 14716.00 15431.00 B 466.00 489.00 513.50 539.50 566.00 593.50 H 5.825 6.113 6.419 6.744 7.075 7.419 12714.00 489.00 6.113 13351.00 513.50 15431.00 593.50 7.419 16224.00 624.00 17056.00 656.00 17901.00 688.50 13351.00 14027.00 14716.00 513.50 539.50 566.00 6.419 6.744 7.075 14027.00 14716.00 15431.00 539.50 566.00 593.50 14716.00 15431.00 16224.00 566.00 593.50 624.00 15431.00 16224.00 17056.00 593.50 624.00 656.00 A B H A B A B A B 14027.00 539.50 14716.00 566.00 16224.00 624.00 7.800 17056.00 656.00 17901.00 688.50 18798.00 723.00 254 RANGE A B C D E F 22 A 15431.00 16224.00 17056.00 17901.00 18798.00 21L B 593.50 624.00 656.00 688.50 723.00 23 A 16224.00 17056.00 17901.00 18798.00 19734.00 22L B 624.00 656.00 688.50 723.00 759.00 24 A 17056.00 17901.00 18798.00 19734.00 20709.00 23L B 656.00 688.50 723.00 759.00 796.50 25 A 17901.00 18798.00 19734.00 20709.00 21762.00 24L B 688.50 723.00 759.00 796.50 837.00 26 A 18798.00 19734.00 20709.00 21762.00 22828.00 25L B 723.00 759.00 796.50 837.00 878.00 27 A 19734.00 20709.00 21762.00 22828.00 23985.00 26L B 759.00 796.50 837.00 878.00 922.50 28 A 20709.00 21762.00 22828.00 23985.00 25168.00 27L B 796.50 837.00 878.00 922.50 968.00 29 A 21762.00 22828.00 23985.00 25168.00 26429.00 28L B 837.00 878.00 922.50 968.00 1016.50 30 A 22828.00 23985.00 25168.00 26429.00 27742.00 29L B 878.00 922.50 968.00 1016.50 1067.00 31 A 23985.00 25168.00 26429.00 27742.00 29133.00 30L B 922.50 968.00 1016.50 1067.00 1120.50 32 A 25168.00 26429.00 27742.00 29133.00 30602.00 31L B 968.00 1016.50 1067.00 1120.50 1177.00 33 A 26429.00 27742.00 29133.00 30602.00 32136.00 32L B 1016.50 1067.00 1120.50 1177.00 1236.00 34 A 27742.00 29133.00 30602.00 32136.00 33735.00 33L B 1067.00 1120.50 1177.00 1236.00 1297.50 35 A 29133.00 30602.00 32136.00 33735.00 35438.00 34L B 1120.50 1177.00 1236.00 1297.50 1363.00 36 A 30602.00 32136.00 33735.00 35438.00 37219.00 35L B 1177.00 ~.236.00 1297.50 1363.00 1431.50 37 A 32136.00 33735.00 35438.00 37219.00 39065.00 36L B 1236.00 1297.50 1363.00 1431.50 1502.50 38 A 33735.00 35438.00 37219.00 39065.00 41015.00 37L B 1297.50 1363.00 1431.50 1502.50 1577.50 A 35438.00 37219.00 39065.00 41015.00 43069.00 38L B 1363.00 1431.50 1502.50 1577.50 1656.50 19734.00 759.00 20709.00 796.50 21762.00 837.00 22828.00 878.00 23985.00 922.50 25168.00 968.00 26429.00 1016.50 27742.00 1067.00 29133.00 1120.50 30602.00 1177.00 32136.00 1236.00 33735.00 1297.50 35438.00 1363.00 37219.00 1431.50 39065.00 1502.50 41015.00 1577.50 43069.00 1656.50 45227.00 1739.50 3. That, in order to provide for the usual daily operation of government, an emergency is deemed to exist, and this ordinance shall be and effect on and after February 28, 1979. the municipal in full force ATTEST: City Clerk APPROVED Mayor 255 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1979. No. 24506. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Building Maintenance #1664 (1) ....................... $2,397,033.00 Grounds Maintenance #1666 (2) ........................ 1,098,503.00 (1) Net decrease (A01166410002) (2) Net increase (A01166610002) $6,000.00 6,000.00 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 February, 1979. No. 24507. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contingencies #1880 (1) .................................. $1,310,298.02 Parks and Recreation #1375 (2) ........................... 538,007.43 Nursing Home #1539 (3) ................................... 471,435.00 Public Works #1601 (4) ................................... 201,121.00 Utility Line Facilities #1605 (5) ........................ 1,077,625.00 Street Maintenance #1658 (6,7) ............................ 2,118,401.00 Building Maintenance #1664 (8) ........................... 2,422,608.00 Grounds Maintenance #1666 (9) ............................ 1,092,503.00 Motor Vehicle Maintenance #1671 (10) ..................... 1,458,650.78 REVENUE Public Assistance (11) ................................... 4,727,130.00 Food Stamp Authorization (12) ............................ 133,520.00 Juvenile Detention Home (13) ............................. 190,700.00 (1) Net decrease (A01188072012) (2) Net increase (A01137590025) (3) Net mncrease (A01153990005) (4) Net mncrease (A01160190005) (5) Net mncrease (A01160590010) (6) Net ~ncrease (A01165890010) (7) Net mncrease (A01165890015) (8) Net mncrease (A01166490010) (9) Net mncrease (A01166690015) (10) Net increase (A01167190010) (11) Net mncrease (R01061901) (12) Net increase (R01062201) (13) Net increase (R01063701) $349,515.00 1,500.00 280.00 1,410.00 103,950.00 63,000.00 87,000.00 19,575.00 38,000.00 47,000.00 8,580.00 1,520.00 2,100.00 256 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1979. No. 24508. AN ORDINANCE to amend and reordain certain sections of the 1978-79 General Fund, Capital Projects 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 1978-79 General Fund, Capital Projects Fund, and Sewage Treatment Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Appropriations Transfers #1855 (1,2) ....................................... $15,251,581.04 CAPITAL PROJECTS FUND Appropriations Sewage Lateral Replacement #3601 (3) ........................ 516,963.94 SEWAGE TREATMENT FUND Appropriations Capital Outlay from Revenue #2401 (4) ....................... 4,090,033.95 (1) Net increase (A01185587303) (2) Net decrease (A01185587508) (3) Net decrease (A08360190001) (4) Net increase (A03240191401) $300,000.00 300,000.00 300,000.00 300,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 257 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1979. No. 24509. A RESOLUTION authorizing the City Manager to take appropriate action to study, devise and implement certain flood relief and flood protection measures at and adjacent to the City's Sewage Treatment Plant. BE IT RESOLVED by the Council of the City of Roanoke as follows: That the City Manager be and he is hereby authorized to solicit such proposals as may be needed in order to conduct a study of the feasibility of providing certain flood relief and flood protection measures at the City's Sewage Treatment Plant, as more fully described in the City Manager's report of February 5, 1979, to include an environmental impact study, and plans and specifications for the said project; to negotiate with the owners of any affected properties for the acquisition of any rights-of-way that will be needed in order to effect the said project; to advise appropriate Federal, State and local agencies, as necessary, of the said project; to apply for any permits and authorizations from Federal and State agencies that might be required in relation to the said project; and to take any other reasonable action deemed necessary in furtheranc of the said project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1979. No. 24510. AN ORDINANCE providing for the purchase of certain items of interior furnishing for the new City jail, upon certain terms and conditions, by accepting certain bids made to the City; rejecting certain bids made to the City; authorizing the City's Manager of Purchasing and Materials Control to issue purchase orders for the purchase of certain other items; 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 opened on January 22, 1979, to furnish to the City the items of interior furnishing for the new City jail 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 All movable furniture King Business Interiors, $ 51,231.99 and accessories Inc. 2 All security furniture Fries Correctional $ 35,460.00 Equipment, Inc. 3 All pod television sets Lee Hartman & Sons $ 4,817.00 with wall brackets installed complete 5 One copy machine A.B. Dick Products $ 3,448.15 of Roanoke, Inc. 2. That the City's Manager of Purchasing and Materials Control be, and is hereby authorized and directed to issue the requisite purchase orders therefor, incorporating into said order the City's specifications, the terms of said bidders' proposals, and the terms and provisions of this ordinance; 3. That the City's Manager of Purchasing and Materials Control be, and is hereby authorized and directed to issue the requisite purchase orders for bid items 4 and 6 as set out in the City Manager's report dated February 5, 1979, incorporating into said purchase orders the City's specifications, and the terms and provisions of this ordinance; 258 4. That, upon delivery to the City of the aforesaid items and upon the City's accept- ance 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, and to the appropriate person or persons for bid items 4 and 6, not to exceed the sums hereinabove set out and specified in the aforementioned City Manager report, such funds having been heretofore appropriated for this purpose; 5. That the other bids made to the City for the supply of such items 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 6. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1979. No. 24511. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Roanoke City School System #1901 Combined Federal School Programs (1) .................... $2,213,343.60 REVENUE State and Federal Programs (2) ............................. 2,154,746.60 (1) Net increase (A01190175001) (2) Net increase (R01191001) $67,504.00 67,504.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1979. No. 24512. AN ORDINANCE amending and reordaining Chapter 1, General Provisions, of Title III, Pensions and Retirement, of the Code of the City of Roanoke (1956), as amended, by adding a new section numbered 4.1; and amending subsections (5) and (8) of Section 1, Definitions; subsection (4) of Section 4, Creditable service; subparagraph (b) of subsection (1) of Section 7, Benefits; and subsections (3) and (5) of Section 7, Benefits; the added and amended provisions having referen¢ to mandatory retirement, benefits authorized for employment service beyond the age of sixty-five years and calculation of such benefits; and providing for an effective date retroactive to January 1, 1979, and for an emergency. 259 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Chapter 1, General Provisions, of Title III, Pensions and Retirement , of the Code of the City of Roanoke (1956), as amended, be and said Chapter is hereby amended by the addition of a new section numbered 4.1 to read and provide as follows: Section 4.1. Retirement age. Notwithstanding any other provisions of this Code, no otherwise able member who has not attained the age of seventy years shall be compelled to retire because of his age. When a member elects to continue service as an employee after attaining the age of sixty-five years, he shall be entitled to no creditable service for any service rendered after attaining the age of sixty-five years, and average final compensation shall be calculated as set forth in Section 1(5) of this Chapter. Such member serving beyond the age of sixty-five years shall also not be entitled to an ordinary disability retirement allowance or an accidental disability retirement allowance; however, should such member become disabled after attaining the age of sixty-five years, such member shall be entitled to retire on a service retirement allowance. The foregoing provisions of this section shall have no application to a constitutional officer elected by the people who may continue in office until requesting retirement in accordance with Section 7(1) (b) of this Chapter. Such consti- tutional officer shall be entitled to creditable service for all membership service plus prior service, regardless of age, and, in case of disability, such officer's age shall be no bar to any ordinary or accidental disability retirement allowance, provided, such officer otherwise qualifies. In no case shall any service allowance be paid or any retirement contribution otherwise due be refunded, until a member has actually retired from service as an employee. 2. That subsections (5) and (8) of Section 1, Definitions, of Chapter 1, General Provisions, of Title III, Pensions and Retirement, of the Code of the City of Roanoke (1956), as amended, be and said subsections are hereby amended and reordained so as to read and provide as follows: Section 1. Definitions. (5) Average final compensation shall mean the annual earnable compensation of a member during his twelve consecutive months of creditable service yielding the highest such average prior to reaching the age of sixty-five years. (8) Creditable service shall mean membership service plus prior service prior to reaching the age of sixty-five years. 3. That subsection (4) of Section 4, Creditable Service, of Chapter 1, General Provisions of Title III, Pensions and Retirement, Code of the City of Roanoke (1956), as amended, be and said subsection is hereby amended and reordained so as to read and provide as follows: Section 4. Creditable Service. (4) Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of his membership service credit earned prior to attaining the age of sixty-five years, and also, if he has a prior service certificate which is in full force and effect, the amount of the service certified on his prior service certificate. 4. That subparagraph (b) of subsection (1) of Section 7, Benefits, of Chapter 1, General Provisions, of Title III, Pensions and Retirement, of the Code of the City of Roanoke (1956), as amended, be and said subparagraph is hereby amended and reordained so as to read and provide as follows: Section 7. Benefits. (1) Service retirement allowance - generally. (b) Any member in service who has attained the age of sixty-five years may elect to retire on a service allowance or such member may elect to continue in service as an employee until some age not to exceed seventy years. Any member in service who has attained the age of seventy years shall be 260 retired forthwith by the Board on a service retirement allowance. No member shall be entitled to any creditable service subsequent to attaining the age of sixty-five years. No service allowance shall be paid nor shall any retirement contributions otherwise due be refunded until a member has actually retired from service even though such member may have attained the age of sixty-five years. No constitutional officer elected by the people of the City shall be retired while serving in such capacity except upon his written request. Notwithstanding an extension of such member's service after he has attained his minimum service retirement age, such member shall be retired by the Board on a service retirement allowance upon his written application setting forth at what time, not less than thirty nor more than ninety days next following the execution and filing thereof, he desires to be retired. 5. That subsections (3) and (5) of Section 7, Benefits, of Chapter 1, General Provisions, of Title III, Pensions and Retirement, of the Code of the City of Roanoke (1956), as amended, be, and said subsections are hereby amended and reordained so as to read and provide as follows: Section 7. Benefits. (3) Ordinary disability retirement - generally. Upon application of a member in service who has not attained the age of sixty-five years or the head of such member's department, any such member who has had five or more years of creditable ser- vice may be retired by the Board on an ordinary disability retirement allowance not less than thirty nor more than ninety days next following the execution and filing of such application; pro- vided, that the medical board, after a medical examination of such member, shall certify that he is mentally or physically totally incapacitated for the further performance of duty, that such incapacity is likely to be permanent, and that such member should be retired. (5) Accidental disability retirement allowance- generally. Upon the application of a member in service who has not attained the age of sixty-five years or of such member's department head, any member who has been totally and permanently incapacitated for duty as a natural and proximate result of an accident occurring while in the actual performance of duty at some definite time and place without willful negligence on his part, may be retired by the Board on an accidental disability retirement allowance, and not on an ordinary disability retirement allowance, not less than thirty nor more than ninety days next following the execution and filing of such application; provided, that the medical board, after a medical examination of such member, shall certify that he is mentally or physically totally incapacitated for the further performance of duty, that such incapacity is likely to be permanent, and that he should be retired. 6. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect retroactive to January 1, 1979. APPROVED ATTEST: City Clerk Mayor 26__'1. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1979. No. 24513. AN ORDINANCE authorizing the issuance of Change Order No. 2, providing for a 39-day time extension to the City's contract with Thor, Incorporated, of Roanoke, dated July 25, 1978, for certain alterations and improvements in the Municipal complex, upon certain terms and condition 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 is hereby authorized and directed to issue and execute Change Order No. 2, to the City's contract dated July 25, 1978, with Thor, Incorporated, of Roanoke, for certain alterations and improvements in the Municipal complex, which said change order shall provide for a 39-day extension of time to complete the work for the reasons set out in the City Manager's report dated January 15, 1979, a copy of which is on file in the Office of the City Clerk, said change order not to result in any additional cost to the City. 2. 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 12th day of February, 1979. No. 24501. AN ORDINANCE authorizing and directing the proper City officials to execute and deliver a deed of easement to the Appalachian Power Company. BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby authorized and directed, for and on behalf of the City, to execute and deliver a deed of easement or indenture to the Appalachian Power Company, conveying unto said Company a right-of-way and easement, with the right, privilege and authority to said Company, its successors and assigns, to construct, erect, operate and maintain electric lines to transmit electric power over property of the City of Roanoke to certain property of Fred P. Bullington and Alexander P. Fekas, located on the westerly side of Aerial Way Drive (Rt. 709), the location of such lines being shown on Appalachian Power Company's Drawing No. R-1302, dated September 7, 1978, entitled "Proposed Right-of-Way on Property of City of Roanoke", a copy of which drawing is on file in the Office of the City Clerk, the foregoing right-of-way being granted by the City for the nominal consideration of $1.00, all after the deed of easement has been approved as to form by the City Attorney. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of February, 1979. No. 24517. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 262 APPROPRIATIONS Jail Classification #7488 (1,2,3) ........................ $14,159.00 REVENUE Jail Classification #7488 (4,5) .......................... 14,159.00 (1) Net increase (A35748810001) (2) Net increase (A35748823005) (3) Net increase (A35748830070) (4) Net increase (R35748821) (5) Net increase (R35748831) $12,614.00 945.00 600.00 13,451.00 708.00 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 February, 1979. No. 24518. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds for continuation of the inmate classification program in the City Jail. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That H. B. Ewert, City Manager, be and he is hereby authorized to accept, execute and file the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for Action Grant No. 79-A4793 for Federal funds in the amount of $13,451.00, through said Division, to be used, along with certain other local cash contributions, to continue the inmate classification program in the City jail, estimated to cost approximately $14,159.00 for the 1979 calendar year; and 2. That the City Manager or his successor in Office is further directed to furnish such additional information as may be required by the Division of Justice and Crime Prevention in connection with the City's aforesaid acceptance of said grant or with said project. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of February, 1979. No. 24519. A RESOLUTION dedicating properties consisting of Lots 11, 12, 13, 14 and the southerly one-half of Lot 15, Section 35, Map of Crystal Spring to the School Board of the City of Roanoke to be used for school purposes. BE IT RESOLVED by the Council of the City of Roanoke that this Council, having received certain properties for the School Board of the City of Roanoke does hereby dedicate to the School Board of the City of Roanoke the following properties to be used for school purposes; Lot 11, and the southerly one-half of Lot 12, Section 35, of the Map of Crystal Spring, situate at 2629 Rosalind Avenue, S. W., bearing Official No. 1061309; Lot 13 and the northerly one-half of Lot 12, Section 35, Map of Crystal Spring, situate at 2625 Rosalind Avenue, S. W., bearing Official No. 1061308; and Lot 14 and the southerly one-half of Lot 15, Section 35, Map of Crystal Spring, situate at 2621 Rosalind Avenue, S. W., bearing Official No. 1061307. APPROVED 263 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of February, 1979. No. 24520. AN ORDINANCE authorizing and providing for a lease by the City of office space in the Crystal Tower Building located at 145 West Campbell Avenue, in the City of Roanoke, from 944 Third Avenue Realty Corporation, to be used as office accommodations for the City CETA Administration Office, 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 be, and he is hereby authorized to enter into a written lease agreement on behalf of the City with 944 Third Avenue Realty Corporation for approximately 1,175 square feet of space in the building known as the Crystal Tower Building located at 145 West Camp- bell Avenue, in the City of Roanoke, for use as offices by the City CETA Administration Office for a one (1) year term beginning March 1, 1979, and terminating on the last day of February, 1980, at an annual rental of $7,296.25, payable in equal monthly installments of $608.03; such lease to contain such other reasonable terms and provisions to protect the City and its interests as may be required by the City Manager with the advice of the City Attorney and to be 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of February, 1979. No. 24521. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.D.B.G. #6804 (1) ...................................... $29,946.30 REVENUE C.D.B.G. #6846 (2) ...................................... 29,946.30 (1) Net increase (A35680495005) $29,946.30 (2) Net increase (R35684641) 29,946.30 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 February, 1979. No. 24522. A RESOLUTION changing the name of the Human Resources Committee and continuing it as the Citizens' Services Committee. BE IT RESOLVED by the Council of the City of Roanoke that the Human Resources Committee, as created by the Council on October 21, 1974, be and it is hereby renamed and continued as the Citizens' Services Committee. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of February, 1979. No. 24523. AN ORDINANCE authorizing execution of an agreement with the Town of Vinton, dated October 3, 1978, providing for the City of Roanoke to request a grant amendment to the grant for its Sewage Treatment Plant to provide for the connection, pumping station, metering device and appurtenant facilities necessary for transmission of sanitary sewage waste of the Town of Vinton to the Regional Sewage Treatment Plant, and providing for the Town to assume all local costs, including administrative costs of the City and interest expenses incurred by the City, and upon certain other terms and conditions; and providing for an emergency. 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 for and on behalf of the City of Roanoke to execute and attest, respectively, an agreement with the Town of Vinton, dated October 3, 1978, providing for the City of Roanoke to request a grant amendment to the grant for its Sewage Treatment Plant to provide for the connection, pumping station, metering device and appurtenant facilities necessary for transmission of the sanitary sewage waste of the Town of Vinton to the Regional Sewage Treatment Plant, and providing for the Town to pay all local costs, including all City administrative costs and interest expenses incurred by the City, such agreement having been heretofore approved as to form by the City Attorney and executed on behalf of the Town of Vinton by the Honorable G. W. Nicks, Mayor, and upon certain other terms and conditions set forth in the foregoing agreement, a copy of which is on file in the Office of the City Clerk; and 2. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor 265 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1979. No. 24514. 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. 207, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have Lot No. 3 (Official Tax Number 2070403) of the Bowman Lawn Subdivision located on Chatham Street near its intersection with Williamson Road in the City of Roanoke, Virginia, presently owned by Commercial Distributors, Inc. rezoned from RD, Duplex Residential District to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 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 February, 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. 207 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particu- lar and no other, viz: Property located on Chatham Street near its intersection with Williamson Road described as Lot No. 3 of the Bowman Lawn Subdivision designated on Sheet 207 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2070403, be, and is hereby changed from RD, Duplex Residential District, to C-2, General Commercial District, and that Sheet No. 207 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 February, 1979. No. 24515. AN ORDINANCE permanently vacating, discontinuing and closing a certain alleyway, approximately 12.5 feet in width, being parallel to Third Street, S. W., extending from the southerly side of Elm Avenue, S.W., approximately 150.03 feet to the northerly side of a public alley, as is more particularly described hereinafter. WHEREAS, Harriett M. Waldrop 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 that certain alleyway which is more particularly hereinafter described; and WHEREAS, Harriett M. Waldrop did, on October 26, 1978, duly and legally publish a notice of her application to the Council by posting a copy of the notice on the front door of the Courthous~ 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. 24380 dated November 6, 1978, 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- way; and 266 WHEREAS, it appears from the written report of the viewers filed with the City Clerk on February 6, 1979, that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said alleyway; and WHEREAS, Council at its meeting on November 6, 1978, 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 December 6, 1978, recommended that the hereinafter described alleyway be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on February 12, 1979, at 7:30 p.m. after due and timely notice thereof by publica- tion in The Roanoke Times and World-News, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the hereinafter described alleyway have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public for permanently vacating, discontinuing and closing said alleyway, as requested by Harriett M. Waldrop and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain alleyway, approximately 12.5 feet in width, being parallel to Third Street, S. W., extending from the southerly side of Elm Avenue, S. W. approximately 150.03 feet to the northerly side of a public alley, situate in the City of Roanoke, Virginia, and more particularly described as follows: BEING that certain alleyway approximately 12.5 feet in width extending through Block 12, Official Survey, Section S. W. - 2 as shown by Official City Tax Map No. 102, which said alley- way is approximately parallel to Third Street, S. W. extending from the southerly side of Elm Avenue, S. W. approximately 150.03 feet to the northerly side of a public alley, and being bounded on the west by Lots 1, 2, and 3, Block 12, Official Survey, Section S. W. - 2 and on the east by Lot 4, Block 12, Official Survey, Section S. W. - 2, be, and it is hereby, 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 alleyway, together with the right of ingress and egress for the maintenance of such lines, mains or utilities; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described alleyway of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on said alleyway on all maps and plats on file in his office of which said alleyway is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that 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 Harriett M. Waldrop, 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 February, 1979. No. 24516. AN ORDINANCE permanently vacating, discontinuing and closing that certain 15-foot alley located behind the office facility of Windshield Glass Distributors Co., Inc., on Tazewell Avenue, S. E., which alley runs in a generally east-west direction, and relocating a 15-foot alley as shown on that certain plat prepared by Buford T. Lumsden & Associates, P. C., dated December 26, 1978. D.B_ _PG._ .t APPROVED: ~ ~"ITY ENGINE'~R, KE. VT. DATE AGENT, ROANOKE CiTY PLAHHI, COMM. DATE KNOW ALL MEN BY THESE PRESENTS: TO W T: THAT WINDSHIELD GLASS DISTRIBUTORS CO., INC. IS THE FEE SIMPLE OWNER AND PROPRIETOR OF THE LAND SHOWN HEREON TO BE SUBDIVIDED. KNOWN AS A PORTION OF LOT q, BLOCK 8, ACCORDING TO THE MAP OF THE PARK LAND AND IMPROVEMENT CO. MAP. WHICH COMPRISES THE LAND CONVEYED TO WINDSHIELD GLASS DISTRIBUTORS CO. lng. BY TEMPLE C. MOORE, TRUSTEE FOR WINDSHIELD GLASS DISTRIBUTORS CO.. NC.. PROFIT SHARING PLAN. BY DEED DATED 15 NOVEMBER. 977. RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF ROANOKE IN DEED BOOK IqlG. PAGE THE SAID OWNER HEREBY CERTIFIES THAT Il HAS SUB- DIYIDED THIS LAND. AS SUCY~H HEREON, ENTIRELY WITH ITS OWN FREE WILL AND ACCORD AS REQUIRED BY SECTION 15.1- 665 THRU q85 OF THE CODE OF ViRGiNIA OF !DSO, AS AMENDED TO DATE. AND FURTHER PURSUANT TO AND IN COMPLIANCE WITH THE CITY OF ROANOKE LAND SUBDIVISION ORDINANCES. THE SAID OWNER DOES AS A CONDITION PRECEDENT TO THE APPROVAL OF THIS PLAT AND SUBDIVISION AND THE ACCEPTANCE OF THE DEDICATION OF THE ALLEYWAY SHOWN HEREON BY THE CITY OF ROANOKE. ON ITS OWN BEHALF AND FOR AND ON ACCOUNT /-4~ 4o/~/~ ----- L_ ) ,40 STYE OF VIRGINIA TO T~E FOREGOING INSTR~ENT. W~S ACKNOWLEDGED BEFORE CO.. INC.. MY COMMISSION EXPIRES ONe' ~/'~J ~' .... ~TARY PUBLIC ' IN THE CLERK~S OFFICE OF THE CIRCUIT COURT OF THE OITY OF ROANOKE, ~IRBINI~. THiS PLAT WITH THE CERTIFICATE OF AOKNO~L[DGENENT THERETO ADNITTED TO RECORD ON . tgTg AT_ ~LOCK TESTEE: WALKER R. CARTER. JR.. CLE~ OF THEIR HEIRSt SUCCESSORS, DEVISEES AND ASSIGNS SPECI- FICALLY RELEASE THE CITY OF ROANOKE FROM ANY AND ALL CLAIM OR CLAIMS FOR DAMAGES WHICH SAID OWNER. ITS HEIRS. SECCESSORS )EVISEES AND ASSIGNS MAY OR MIGHT HAVE AGAINST THE CITY OF A ON OF ESTABLISHING PROPER GRADE LINES ON BY: -'--~-EP--'OT~'CLER~ ~OANOKE BY RE S F SUBDIVISION SUCH ALLEYWAY AS SHOWN ON THIS PLAT 0 " R ALONG MAY BE AGREED UPON IH THE I HEREBY CERTIFY THAT THIS~'"~?~ SE UP gLA~inU ou~ ~.,-, ,.o FOR THE PURPO LISHED BY THE CITY OF ROANOKE . j , ::..y ~ . ~, AS NAY FRON TINE TO TI~E_~[,~SZ~~ .~ o~nUiREO TO CONSTRUCT 7"'~' ,~ ~",. .... AND THE.gI.T~0~,~, ng w~)s ALONG THE ALLEYWAY AND PROPERTY ~NY RET~Nl~u ""~ .......... ~IFIED L~HD SURVEYOR LINES THEREOF. ' PLAT .... AND kL. THIS~ ~N SHO~ING RE-SUBDIVISION PROPERTY p R~~r krEM P I[1~~'~.~MOORE DATE WINDSHIELD GLASS DISTRIBUTORS CO., INC. BEING PART OF LOT 4, BLOCK 8 PARK LAND 8t IMPROVEMENT CO. MAP (RKE. CiTY PLAN No. 1088) ROANOKE, VIRGI. NIA SCALE:,"=30' DATE: 26 ~C.,978 BUFORD T. LUMSDEN ~ ASSOCIATES, P.C. 408 WHEREAS, Windshield Glass Distributors Co., Inc., has heretofore filed its petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close that certain 15-foot alley located behind the office facility of Windshield Glass Distributors Co., Inc., on Tazewell Avenue, S. E., and more particularly described on the plat prepared by Buford T. Lumsden & Associates, P. C., dated December 26, 1978, and the relocation of a 15-foot alley, of the filing of which petition due notice was 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 23rd day of October, 1978, to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing, closing and relocating said 15-foot alley; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk on November 27, 1978, that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing, closing and relocating said alley; and WHEREAS, it appears that the land proprietors affected by the closing of the hereinafter described alleyway have been properly notified; and WHEREAS, Council at its meeting on October 23, 1978, referred the petition to the City Planning Commission, which Commission by its report filed with Council on January 8, 1979, recom- mended that the petition to vacate, discontinue, close and relocate the 15-foot alley be approved; and WHEREAS, a public hearing was held on the question before the Council at its regular meeting on February 12, 1979, after due and timely notice thereof published 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 question; and WHEREAS, for all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing the 15-foot alley, as applied for by the petitioner, and that, accordingly, said 15-foot alley should be perma- nently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that a 15-foot alley located behind the office facility of Windshield Glass Distributors Co., Inc., on Tazewell Avenue, S. E., in the City of Roanoke, Virginia, described as follows: BEGINNING at a point on the westerly line of 4th Street, S. E. (50 feet wide), said point being the southeast corner of Lot 9, Block 4, according to the Map of Park Land and Improvement Company; thence leaving said 4th Street and running along the northerly line of an existing 15 foot alley way, S. 74 deg. 15' W. 126.40 feet to a point; thence with a new line crossing the alley S. l0 deg. 18' 30" E. 15.07 feet to a point on the southerly side of said alley; thence with same N. 74 deg. 15' E. 120.69 feet to a point on the westerly line of 4th Street, S. E.; thence with same N. 9 deg. 43' E. 16.61 feet to the place of BEGINNING, be, and it hereby is, permanently vacated, discontinued and closed as a public alleyway; 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, unto the City of Roanoke an easement for any sewer lines or water mains and other public utilities that may now be located across said alleyway, together with the right of ingress and egress for the maintenance of such lines, mains or utilities, such easement or easements to terminate upon the later abandonmen~ of use or permanent removal from said alleyway of any such municipal installation or utility by the owner thereof; and that a certain 15-foot alley be relocated as shown on the plat made by Buford T. Lumsden & Associates, P. C., dated December 26, 1978, which 15-foot alley is more particularly described as follows: BEGINNING at an iron pin on the westerly side of 4th Street, S. E. (50 feet wide) a corner to the property of Old Dominion Signs, Inc., (Deed Book 1288, page 231); said beginning point being S. 9 deg. 43' W. 244.61 feet as measured along the westerly side of 4th Street from the intersection of the southerly side of Tazewell Avenue, S. E. (50 feet Wide); thence leaving 4th Street and running with the property of Old Dominion Signs, Inc., N. 82 deg. 15' W. 122.50 feet to an iron pin; thence N. 64 deg. 15' W. 17.20 feet to an iron pin; thence N. 39 deg. 15' W. 16.80 feet to an iron pin on the southerly side of a 15 foot wide alley- way; thence with same N. 74 deg. 15' E. 47.27 feet to a point; thence with two new division lines through the property of Wind- shield Glass Distributors Co., Inc., S. 10 deg. 18' 30" E. 21.70 feet to a point; thence S. 82 deg. 15' E. 101.59 feet to a point on the westerly side of 4th Street, S. E.; thence with same, S. 9 deg. 43' W. 15.00 feet to the place of BEGINNING, and being a portion of Lot 4, Block 8, as shown on the Map of Park Land and Improvement Company. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on the alleyway being vacated and to include the 15-foot alley as relocated on all maps and plats on file in his office on which said alleyways should be 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 plat prepared by Buford T. Lumsden & Associates, P. C., dated December 26, 1978, be incorporated as a part of this ordinance and be filed with this ordinance; 267 268 BE IT FURTHER ORDAINED that this Ordinance shall not take effect or be recorded until such time as the aforesaid plat prepared by Buford T. Lumsden & Associates, P. C., is approved by the City Engineer and the Agent of the City Planning Commission; BE IT FURTHER ORDAINED that at such time as this ordinance becomes effective, the Clerk of the Council shall 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 Windshield Glass Distributors Co., Inc., and in the name of any other party in interest who may so request, as Grantee. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1979. No. 24524. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordain- ed to read as follows, in part: APPROPRIATIONS Coordinated Youth Services #7458 (1, 2, 3, 4, 5) ........... $20,010.00 REVENUE Coordinated Youth Services #7458 (6) ....................... $20,010.00 (1) Net increase (A35745810002) (2) Net increase (A35745820010) (3) Net increase (A35745823005) (4) Net increase (A35745890020) (5) Net increase (A35745830050) (6) Net increase (R35745821) $15,012.00 300.00 699.00 30.00 3,969.00 20,010.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1979. No. 24525. A RESOLUTION authorizing the acceptance of Law Enforcement Grant No. 79-A4791 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 providing a program of services to youth in order to reduce the incidence of juvenile delinquency. 269, 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. 79-A4791 in the total amount of $21,063.00 consisting of $18,957.00 from DJCP Block Funds, $1,053.00 from DJCP General Funds, and $1,053.00 from local cash match, for the purpose of providing a program of services to youth in order to reduce the incidence of juvenile delinquency; 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. 79-A4791; and 3. That 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1979. No. 24526. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordain. ed to read as follows, in part: APPROPRIATIONS Juvenile Home Construction #7415 (1, 2, 3) ................. $111,110.00 REVENUE Juvenile Home Construction #7415 (4, 5) .................... $111,110.00 (1) Net increase (A35741520010) (2) Net increase (A35741590020) (3) Net increase (A35741590065) (4) Net increase (R35741521) (5) Net increase (R35741531) $ 8,333.00 13,889.00 88,888.O0 105,555.00 5,555.00 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 February, 1979. No. 24527. A RESOLUTION authorizing the acceptance of Law Enforcement Grant No. 79-A4804E 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 enlarging and renovating the City's juvenile home. BE IT RESOLVED by the Council of the City of Roanoke as follows: 27O 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. 79-A4804E in the total amount of $111,110.00, consisting of $100,000.00 from DJCP Block Funds, $5,555.00 from DJCP General Funds, and $5,555.00 from local cash match, for the purpose of enlarging and renovating the City's juvenile home; 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. 79-A4804E; and 3. That 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. ATTEST APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1979. No. 24528. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.E.T.A. Unobligated #7826 (1) ......................... $25,000.00 REVENUE C.E.T.A. #7801 (2) ..................................... $25,000.00 (1) Net increase (A35782625009) (2) Net increase (R35780101) $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 26th day of February, 1979. No. 24529. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: 27_1 APPROPRIATIONS Building Maintenance #1664 (1) ...................... $2,439,668.20 Contingencies #1880 (2) ............................. 1,114,081.27 (1) Net increase (A01166425561) (2) Net decrease (A01188072009) $16,905.00 16,905.00 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 February, 1979. No. 24530. AN ORDINANCE accepting a certain proposal and awarding a contract for the services of an energy conservation consultant upon certain terms and conditions; rejecting another proposal; 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 proposal of Johnson Controls Company, for implementing a computer directed service to monitor and manage certain energy consuming systems in the Municipal Building and the Third Street Annex for a thirty-six month period, for an approximate total charge of $52,682, as further explained in the report of the City Manager dated February 26, 1979, is hereby ACCEPTED; 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 contract with Johnson Controls Company, the same to incorporate the terms and conditions of this ordinance, the consultant's proposal and the terms set forth in the report of the City Manager dated February 26, 1979; said contract to be upon such form as is approved by the City Attorney; 3. That the other proposal made to the City for the performance of said work be, and said proposal is hereby REJECTED, the City Clerk to so notify said other consultant and to express the City's appreciation for said proposal; 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 26th day of February, 1979. No. 24531. AN ORDINANCE to amend and reordain certain sections of the 1978-79 General Fund Appropriations Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 General Fund Appropriations Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: 272 APPROPRIATIONS Social Services #1537 (1) .............................. $5,197,507.40 Contingencies #1880 (2) ................................ 1,130,986.27 REVENUE Public Assistance (3) .................................. 4,802,410.00 (1) Net increase (A01153790005) $9,720.00 (2) Net decrease (A01188072012) 1,944.00 (3) Net increase (R01061901) 7,776.00 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 February, 1979. No. 24532. AN ORDINANCE to amend and reordain certain sections of the 1978-79 General Fund Appropriations Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 General Fund Appropriations Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contingencies #1880 (1) ......................... $1,016,581.27 Snow Removal #1675 (2,3) ........................ 221,325.00 (1) Net decrease (A01188072012) (2) Net increase (A01167530050) (3) Net increase (A01167510016) .$97,500.00 67,500.00 30,000.00 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 February, 1979. No. 24533. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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. 273 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 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 Contingencies #1880 (1) ................................. $1,132,930.27 City Clerk #102 (2) ..................................... 92,259.00 Commissioner of Revenue #403 (3) ........................ 253,502.00 Real Estate Assessor #407 (4) ........................... 280,849.00 Personnel Management #511 (5) ........................... 155,189.00 Electoral Board #620 (6) ................................ 67,897.00 Juvenile & Domestic Relations Court #705 (7) ........................................ 411,882.50 Juvenile Probation House #720 (8) ....................... 93,911.00 Regional Intake #722 (9) ................................ 53,396.00 Engineering, Planning & Building Inspection #1248 (10) ................................. 804,871.00 Purchasing and Materials Control #1311 (11) ............. 506,127.62 Management Information Systems #1325 (12) ............... 645,051.00 Parks & Recreation #1375 (13) ........................... 555,695.93 Juvenile Home #1527 (14) ................................ 256,456.00 Outreach Detention #1528 (15) ........................... 65,028.00 Human Resources #1501 (16) .............................. 58,369.50 Social Services #1537 (17) .............................. 5,187,787.40 Food Stamp Authorization #1538 (18) ..................... 180,147.00 Nursing Home #1539 (19) ................................. 488,680.00 Libraries #1585 (20) .................................... 688,607.00 Public Works Administration #1601 (21) .................. 203,802.00 Utility Lines #1605 (22) ................................ 1,082,080.50 Street Maintenance #1658 (23) ........................... 2,138,532.65 Building Maintenance #1664 (24) ......................... 2,422,763.20 Grounds Maintenance #1666 (25) .......................... 1,100,438.50 Refuse Collection #1669 (26) ............................ 1,408,303.00 Motor Vehicle Maintenance #1671 (27) .................... 1,466,704.78 Employee Benefits #1810 (28, 29, 30) .................... 4,679,565.86 Transfers #1855 (31) .................................... 15,252,053.04 Revenue Grants-in-Aid Commonwealth (32 - 38) .................... 8,936,127.35 CIVIC CENTER FUND Appropriations General Operating #2005 (39 - 42) ....................... 955,855.95 (1) Net decrease (A01188072011) (2) Net increase (A01010210002) (3) Net increase (A01040310002) (4) Net increase (A01040710002) (5) Net increase (A01051110002) (6) Net increase (A01062010002) (7) Net increase (A01070510002) (8) Net increase (A01072010002) (9) Net increase (A01072210002) (10) Net mncrease (A01124810002) (11) Net mncrease (A01131110002) (12) Net mncrease (A01132510002) (13) Net mncrease (A01137510002) (14) Net mncrease (A01152710002) (15) Net mncrease (A01152810002) (16) Net increase (A01150110002) (17) Net mncrease (A01153710002) (18) Net mncrease (A01153810002) (19) Net mncrease (A01153910002) (20) Net mncrease (A01158510002) (21) Net mncrease (A01160110002) (22) Net increase (A01160510002) (23) Net mncrease (A01165810002) (24) Net mncrease (A01166410002) (25) Net ~ncrease (A01166610002) (26) Net mncrease (A01166910002) (27) Net mncrease (A01167110002) (28) Net mncrease (A01181011005) (29) Net mncrease (A01181011010) (30) Net mncrease (A01181011020) (31) Net increase (A01185587405) (32) Net mncrease (R01061901) (33) Net mncrease (R01062201) (34) Net mncrease (R01062801) (35) Net ~ncrease (R01063101) (36) Net mncrease (R01063401) (37) Net mncrease (R01063701) (38) Net increase (R01063801) $173,427.75 605.00 1,248.00 5,500.00 2,452.00 10.00 2,885.50 2,058.00 1,031.00 426.00 806.00 1,898.00 16,666.00 3,681.00 3,210.00 2,704.00 69,773.40 12,101.00 17,245.00 10,397.00 2,681.00 4,455.50 20,131.65 5,355.20 1,935.50 19,112.00 8,054.00 29,760.00 13,190.00 2,350.00 472.00 67,504.00 11,719.00 1,725.00 1,661.00 624.00 2,943.00 2,590.00 274 (39) Net increase (A05200510002) (40) Net increase (A05200511005) (41) Net increase (A05200511010) (42) Net increase (A05200511020) 390.00 54.0O 24.00 4.00 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 February, 1979. No. 24534. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Sheriff's Training #7483 (1,2,3,4,5) ......................... $10,725.00 REVENUE Grant Receipts #7483 (6) ..................................... 10,725.00 (1) Net decrease (A35748320010) (2) Net decrease (A35748323005) (3) Net decrease (A35748330070) (4) Net decrease (A35748390005) (5) Net increase (A35748353801) (6) Net decrease (R35748321) $1,355.00 2,836.98 129.45 160.00 224.43 4,257.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1979. No. 24535. 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: 275 1. That the bids in writing of the following named bidders, made to the City and opened on January 25, 1979, to furnish to the City the vehicular 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: Item Quantity and Successful Total Number Description Bidder Purchase Price 1 (Alt.) 2 - 1/2-ton pick-up trucks (Marked Units) with Air con- ditioning, Heavy Duty Cooling 61 AMP Generator Dominion Dodge $ 11,970.70 3 - 1/2-ton Cab and Chassis Berglund Chevrolet $ 15,429.81 2-A 3 - Utility bodies mounted on above unit General Welding $ 3,737.50 3 - 1/2-ton cab and chassis Berglund Chevrolet $ 15,429.81 3-A 3 - Utility body w/pipe and ladder racks, mounted on above units General Welding $ 3,974.97 4 1 - 3/4-ton cab and chassis Berglund Chevrolet $ 6,092.39 1 - 3/4-ton Crew Cab and Chassis w/ 8' bed Berglund Chevrolet $ 6,666.31 1 - 12 Passenger Window Van (Seating five passengers) Berglund Chevrolet $ 6,388.85 $ 69~680.34 2. That 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 pro- visions 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 bidders for the aforesaid purchase prices, not to exceed the sums hereinabove set out, such funds having been heretofore appropriated 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1979. No. 24537. AN ORDINANCE authorizing the issuance of Change Order No. 3, providing for a 40-day time extension to the City's contract with Acorn Construction Company, Ltd., of Roanoke, Virginia, dated June 26, 1978, for replacement of aeration equipment in two old aeration basins with plate- type diffusers and new piping at the Sewage Treatment Plant, 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 be and is hereby authorized and directed to issue and execute Change Order No. 3, to the City's contract dated June 26, 1978, with Acorn Construction Company, Ltd., for replacement of aeration equipment in two old aeration basins with plate-type diffusers and new piping at the Sewage Treatment Plant, which said change order shall provide for a 40-day extension of time until May 1, 1979, to complete the work for the reasons set out in the City Manager's report dated February 20, 1979, a ctopy of which is on file in the Office of the City Clerk, said change order not to result in any additional cost to the City; and 276 2. 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: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1979. No. 24538. AN ORDINANCE providing for the construction of the Ventnor Road-Eanes Road, S. E. storm drain and Bibb Street, N.E., storm drain located in the City, upon certain terms and conditions, by accepting the best bid made to the City; authorizing execution of the requisite contract; rejecting the low bid which was non-responsive to the City's plans and specifications; rejecting certain 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 Dixon Contracting, Inc., for furnishing all necessary equipment, labor and materials for construction of the Ventnor Road-Eanes Road, S. E. storm drain and Bibb Street, N. E., storm drain, being the second lowest bid and being in full accordance with the City's plans and specifications made therefor, for the total sum of $99,516.00, cash, based upon unit prices, be and said proposal is hereby ACCEPTED; 2. That the City Manager be, and 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 drains, 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. That the iow bid of Benjamin Bowman, t/a Castle Construction Company, being informal and non-responsive to the City's plans and specifications for the performance of the aforesaid work be, and said bid is hereby REJECTED, the City Clerk to so notify said bidder and to express to said bidder the City's appreciation of the bid; 4. That 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 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 26th day of February, 1979. No. 24539. AN ORDINANCE authorizing the City Manager to issue Change Order No. 1 to the City's contract with Dixon Contracting, Inc., for construction of the Ventnor Road-Eanes Road, S. E., storm drain and Bibb Street, N. E., storm drain heretofore authorized by Council, so as to provide for certain additional work; 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 to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with Dixon Contracting, Inc., for the construction of the Ventnor Road-Eanes Road, S. E., storm drain and Bibb Street, N. E., storm drain heretofore authorized by Council, so as to provide for the following additional work to be performed, to-wit: Contract Amount to date $ 99,516.00 277 Description Unit Quantity unit Price Select backfill 400 cu. yds. $15.00/cu.yd. add material Total Change Order No. 1. Contract Amount including Change Order No. 1. Additional Time resulting from Change Order No. 1. 6,000.00 6,000.00 $105,516.00 NONE. 2. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1979. No. 24540. AN ORDINANCE authorizing the issuance of Change Order No. 8 to the City's contract dated November 7, 1977, with Creative Construction and Development Corporation, for construction of Fire Stations #6 and #13, authorized by Ordinance No. 23901, by reducing the contractor's retainage on these two fire stations from $90,660.00 to $6,000.00; 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. 8 to the City's contract with Creative Construction and Development Corporation, dated November 7, 1977, authorized by Ordinance No. 23901, so as to amend ARTICLE 5. of the contract to reduce the amount of retainage by $84,660.00, from a total of $90,660.00 to a total of $6,000.00, providing for retainage of $1,200.00 as to Fire Station #13 and $4,800.00 as to Fire Station #6; 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 26th day of February, 1979. No. 24541. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Capital Outlay from Revenue #2401 (1) ................... $1,711,902.90 (1) Net increase (A04240191901) $100,000.00 278 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 March, 1979. No. 24536. .AN ORDINANCE amending Ordinance No. 24410, adopted on December 4, 1978, which authorized and provided for the lease by the City of Airport Building No. 10 and approximately 89,100 square feet of adjacent general aviation ramp space to Piedmont Aviation, Inc., to provide for a new effective date for the lease. BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 24410, adopted December 4, 1978, which authorized the City Manager to enter into a written lease agreement on behalf of the City with Piedmont Aviation, Inc., leasing to said corporation Airport Building No. 10 and approximately 89,100 square feet of adjacent general aviation ramp space for an initial term of five (5) years, beginning on October 1, 1978, upon certain terms and conditions, be amended to provide that the lease begin on March 1, 1979. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 1979. No. 24542. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Title XX Services #1540 (1-5) ............................... $209,651.33 REVENUE Title XX Receipts (6) ....................................... 209,651.33 (1) Net increase (A01154020060) (2) Net increase (A01154020061) (3) Net increase (A01154020066) (4) Net increase (A01154020068) (5) Net increase (A01154020069) (6) Net increase (R01100301) $15,351.75 909.09 17,839.82 39,934.88 2,345.71 76,381.25 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor 279 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 1979. No. 24543. A RESOLUTION expressing the support of the Council for the creation of a Tennessee Valley Center for Minority Economic Development. WHEREAS, Mr. John B. Harris, Director, Virginia State Office of Minority Business Enterprise, has requested the support of the City Council for the creation of a Tennessee Valley Center for Minority Economic Development (TVCMED); WHEREAS, the goal of the TVCMED is to extend the economic benefits generated by the Tennessee Valley Authority (TVA) into minority communities within the seven state region served by the TVA, including Virginia; WHEREAS, the proposed TVCMED would also provide support to minority communities in various aspects of business and community development, and would conduct demonstrations to promote innovative approaches to business development, job creation, and industrialization within minority communities; and WHEREAS, the proposed TVCMED would be funded by the TVA, if approved by the Board of the TVA, and would operate at no cost to the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council expresses its support for the creation of a Tennessee Valley Center for Minority Development; and 2. That the City Clerk is directed to forward attested copies of this resolution to the Honorable S. David Freeman, Chairman, Tennessee Valley Authority, Mr. Frank J. Banks, Chairman, TVCMED, and Mr. John B. Harris, Director, Virginia State Office of Minority Business Enterprise. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 1979. No. 24544. A RESOLUTION in support of the application of Greater Roanoke Transit Company for charter party service outside the City. WHEREAS, the Greater Roanoke Transit Company has heretofore filed with the State Corporation Commission application for a certificate of public convenience and necessity to provide charter party service for the Cities of Roanoke and Salem, the Town of Vinton, Roanoke County and within the Roanoke Standard Metropolitan Statistical Area; and WHEREAS, this Council believes that the granting of this application would fulfill a need for such service within this area and would be in the best interests of the citizens of the City of Roanoke and of the entire Roanoke Valley; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Council of the City of Roanoke hereby endorses and records its support for the application of the Greater Roanoke Transit Company; and 2. That the City Clerk is directed to forward an attested copy of this resolution to the Clerk of- the State Corporation Commission. APPROVED ATTEST: City Clerk Mayor 280 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 1979. No. 24546. A RESOLUTION expressing the Council's appreciation to the Patrick Henry Distributive Education Clubs of America for their preparation of a Marketing Survey of the 1978 Customer Shopping Habits with Regard to Downtown Roanoke as Compared with their 1976 Shopping Habits. WHEREAS, Distributive Education students at Patrick Henry High School have conducted a Marketing Survey of the 1978 Customer Shopping Habits with Regard to Downtown Roanoke as Compared with their 1976 Shopping Habits; WHEREAS, the marketing survey completed by the Distributive Education students is a most helpful survey which would have cost a considerable sum of money had such survey been completed by a private consultant; WHEREAS, the students planned the study, conducted interviews of consumers, tabulated the findings of their study, and prepared the charts and graphs attached to the marketing survey, all of which is comprehensively and professionally done and which involved a considerable expenditure of time by the participating students; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council extends its appreciation and gratitude to the Distributive Education students at Patrick Henry High School who participated in the preparation of the marketing survey with regard to Downtown Roanoke which survey was done in a thorough and professional manner reflecting credit on the Patrick Henry Distributive Education Clubs; and 2. That the City Clerk be and is hereby directed to transmit an attested copy of this resolution to the Distributive Education Clubs at Patrick Henry High School. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1979. No. 24545. AN ORDINANCE providing for the sale and conveyance of a parcel of land owned by the City and situate in the City on the northerly side of Orange Avenue, N. E., and bearing Official Tax No. 3221219. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of Eva J. Aheron to purchase a parcel of land owned by the City and situate in this City lying on the northerly side of Orange Avenue, N. E., bearing Official Tax No. 3221219, otherwise known as Lot 19, Block 41, East Gate Addition, for the consideration of $100.00, said deed of conveyance to contain a restriction prohibiting commercial outdoor advertising on said property and to be subject to reservation by the City of Roanoke of easements for any sewer lines and water mains and other public utilities that may now be located in or across said property and any and all recorded restrictions, conditions and easements affecting the title to said property, be and said offer is hereby ACCEPTED; 2. That 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 Eva J. Aheron, said deed to be prepared by the City Attorney and to contain the appropriate warranty as determined by the City Attorney and Modern English Covenants of Title; and thereafter the City Attorney is authorized to tender to Eva J. Aheron, or her authorized agent, the City's deed in the premises, upon payment of the aforesaid $100.O0. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1979. No. 24547. AN ORDINANCE providing for the sale and conveyance of the Washington Heights Elementary School parcel owned by the City, situate in the City at 3712 Melrose Avenue, N. W., and bearing Official Tax No. 2762101. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of William A. Hunton Young Men's Christian Association to purchase the Washington Heights Elementary School parcel owned by the City, and situate in the City at 3712 Melrose Avenue, N. W., bearing Official Tax No. 2762101, for a nominal consideration of $15,000.00 be and said offer is hereby ACCEPTED; and 2. That the Mayor and the City Clerk be and each is hereby authorized and empowered respectively to execute on behalf of the City, to seal and attest the City's deed of conveyance of the fee simple title to said property to the William A. Hunton Young Men's Christian Association or to its proper representatives said deed to be prepared by the City Attorney and to contain the City's general warranty and modern English covenants of title; and thereafter the City Attorney is authorized to tender to the William A. Hunton Young Men's Christian Association or its authorized agent the City's deed in the premises upon the payment to the City of $15,000.00. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1979. No. 24549. 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, con- tinuing and carrying out a Community Development Block Grant Program. WHEREAS, under the terms of the Housing and Community Development Act of 1974, Public Law 93383, 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 four fiscal years the City of Roanoke commenced the implementa- tion of such programs, and the City needs further Federal assistance to continue to finance certain short-term and long-term programs having housing needs, neighborhood improvements, economic develop-i ment 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; 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 $2,316,000 of Federal funds under Public Law 93-383 to aid in financing certain community development block grant programs for the fifth year, to be as set out in Federal forms prepared for the purposes 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 282 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1979. No. 24551. AN ORDINANCE to amend and reordain Section 1, Definition of "bank" and "branch bank", and Section 2, Tax on holders of bank stock; assessment, of Chapter 4, Bank Stock Tax, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, adding the reference to Section 58-465, Code of Virginia (1950), as amended, in Section 1; raising the tax rate to eighty cents on each one hundred dollars of the taxable value of the shares of stock in certain banks and branch banks located in this City; providing for an effective date; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 1, Definition of "bank" and "branch bank", of Chapter 4, Bank Stock Tax, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, be, and said section is hereby amended and reordained so as to read and provide as follows: Section 1. Definition of "bank" and "branch bank". The wOrd "bank" and the words "branch bank" as used in this chapter shall have the same meaning as- cribed to those words in Sections 58-465 and 58-476.1 of the 1950 Code of Virginia, as amended. 2. That Section 2, Tax on holders of bank stock; assessment, of Chapter 4, Bank Stock Tax, of Title VI, Taxation, of the Code of the City of Roanoke (1956), be, and said section is hereby amended and reordained to read and provide as follows: Section 2. Tax on holders of bank stock; assessment. The holders of stock in banks located in the city and the holders of stock in banks whose principal office is located outside the city but a branch of which is located in the city shall be assessed and taxed on their shares of stock there- in as follows, namely: (a) Upon the holders of stock in banks located in the city there is hereby assessed as of January 1, each year, an annual tax at the rate of eighty cents on each one hundred dollars of the taxable value of the shares of stock held by each such stockholder, determined as provided in Chapter 10, Title 58 of the 1950 Code of Virginia, as amended; provided, that if any such bank located in the city has any branches located outside the corporate limits of the city, the tax hereinabove imposed shall be upon only such proportion of the taxable value of stock in such bank as the total deposits of such bank, minus deposits through any branch or branches located outside the city, bear to the total deposits of the bank as of the beginning of the tax year. (b) Upon the holders of stock in banks whose principal office is located outside the city but a branch or branches of which are located in the city, there is hereby assessed as of January 1, each year, an annual tax at rate of eighty cents on each one hundred dollars of the actual value of such propor- tion of the taxable value of the shares of stock in such bank as the deposits through the branch or branches so located in the city bear to the total deposits of the bank as of the beginning of the tax year. Each bank and each branch bank doing business in the city shall deliver to the commissioner of revenue of this city a copy of the report required by Section 58-470 of the 1950 Code of Virginia, as amended, to be made by such bank or, at the election of any such bank or branch bank, said bank or branch bank may file with said commissioner of revenue the report or return provided for in Section 58-484.1 of the 1950 Code of Virginia, as amended, and, in such latter case, pay the total amount of taxes due by all its taxable stockholders within the time and in the manner pre- scribed in said Section 58-484.1 and in this chapter. Upon receipt of either such report, it shall be the duty of the commissioner of revenue to assess the taxes herein imposed, using as a basis of such assessment and of such apportionment as is proper the taxable value of said stock as then currently fixed for the purpose of state taxation. 283 3. That the new rate of tax provided for in this ordinance shall be applicable to the assessment of bank stock tax for the tax year 1979; 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 12th day of March, 1979. No. 24552. AN ORDINANCE permitting placement of five landscaping planters along the sidewalk of Jefferson Street at Day Avenue, 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 permission be and is hereby granted the current owners, Professional Properties, Incorporated, their grantees, assigns or successors in interest, of the property known as 707 South Jefferson Street, within the City of Roanoke, to place and maintain five landscaping planters along the sidewalk of Jefferson Street at Day Avenue, the design of such planters, the location thereof and the type of trees planted in such planters to be approved by the City Engineer; Manager; That said permit shall be revocable for good cause, as determined by the City 3. That it shall be agreed by the permittee that it will maintain the planters and trees contained therein on a regular basis, including removal of leaves, bark and branches that may fall on the public right-of-way and remove trash and debris from such planters; 4. That the permittee shall provide the City Engineer with a certificate of insurance, naming the City of Roanoke as an additional insured, providing liability insurance in the amount of $25,000 for injury to or death of one person, $50,000 for injury to or death of two or more persons, and $5,000 property damage; 5. That it shall be agreed by the permittee that said permittee, its grantees, assigns or successors in interest shall indemnify and save harmless the City of Roanoke from all claims for injuries or damages to persons or property that may arise by reason of this permit; 6. That the City Clerk shall transmit an attested copy of this ordinance to Professional Properties, Incorporated; and 7. 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 ACCEPTED and EXECUTED by the undersigned this day of March, 1979. Attest: PROFESSIONAL PROPERTIES, INCORPORATED By (Title) Secretary 284 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1979. No. 24553. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: AIRPORT FUND Capital Outlay From Revenue #2401 (1, 2, & 3) ............ $1,711,903.90 (1) Net Decrease (A04240191701) (2) Net Increase (A04240192001) (3) Net Increase (A04240192002) $67,246.00 22,768.00 44,478.00 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 March, 1979. No. 24554. AN ORDINANCE accepting a certain proposal and awarding a contract for the services of an engineering consultant, 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 proposal of Delta Associates, Inc., Columbus, Georgia, to prepare a feasibility study and design and to provide construction management with respect to the improvement of the airport access road and expansion of the airport auto parking facilities for a cost not to exceed without authorization of Council $67,246, $22,768 for parking lot work and $44,478 for access road work, be and is hereby ACCEPTED; 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, seal and attest, respectively, the requisite contract with Delta Associates, Inc., the same to incorporate the terms and conditions of this ordinance, the consultant's proposal, the City's plans and specifications made therefor and FAA approval thereof; said contract to be 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 285 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1979. No. 24555. AN ORDINANCE awarding contracts for furnishing traffic paint, channel type steel sign posts and reflective traffic beads to the City; accepting bids 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 proposals of the following bidders as hereinafter set out, viz: ITEM QUANTITY SUCCESSFUL BIDDER TOTAL PRICE White Traffic Paint in 5-gallon drums (quick drying) 500 gals. Eastern Highway Systems, $ 2,675.00 Inc. Yellow Traffic Paint in 30-gallon drums (20 Second Drying) 4,000 gals. Eastern Highway Systems, Inc. 11,800.00 White Traffic Paint in 30-gallon drums (20 Second Drying) 800 gals. Eastern Highway Systems, 2,392.00 Inc. Reflective Traffic Beads in 50-pound bags 35,000 lbs. Potter Industries 5,509.00 Channel Type Steel Sign Posts, 2.0 lbs. per foot X 11 feet 1,500 pcs. Armco Steel Corporation 6,364.50 Channel Type Steel Sign Posts, 3.0 lbs per foot X 12 feet 1,000 pcs. Armco Steel Corooration 6,942.00 $35,682.50; 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, channel type steel sign posts 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 items 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 12th day of March, 1979. No. 24556. AN ORDINANCE fixing the annual compensation of the City Manager retroactive to January 29, 1979; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 286 1. That the annual compensation of the City Manager retroactive to January 29, 1979, shall be fixed at $42,328.00; 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 retroactive to January 29, 1979. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1979. No. 24557. AN ORDINANCE establishing a Deferred Compensation Plan for the City Manager, authorizing the Mayor to execute the document entitled "International City Management Association Retirement Corporation Deferred Compensation Plan", authorizing the Director of Finance to execute the joinder agreement, establishing the amount of the City's contribution on behalf of the City Manager, and providing for an emergency. WHEREAS, the City of Roanoke has in its employ certain valuable personnel; WHEREAS, said employees are and will be rendering valuable services to the City; WHEREAS, the City has considered the establishment of a Deferred Compensation Plan for its City Manager made available to the City and to said employees by the International City Manage- ment Association Retirement Corporation; WHEREAS, said employees are often unable to acquire retirement security under other existing and available retirement plans due to the contingencies of employment mobility; WHEREAS, the City receives benefits under said plans by being able to assure reasonable retirement security to said employee, by being more able to attract competent personnel to its service and by increasing its flexibility in personnel management through elimination of the need for continued employment for the sole purpose of allowing an employee to qualify for retirement benefits; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke hereby establishes said Deferred Compensation Plan for its City Manager and hereby authorizes its Mayor to execute the document entitled "International City Management Association Retirement Corporation Deferred Compensation Plan"; 2. That the Director of Finance may on behalf of the City execute all Joinder Agreements with the City Manager which are necessary for the City Manager's participation in the Plan; 3. That the City shall contribute nine percent (9%) of the base salary of its City Manager to the ICMA Retirement Corporation Deferred Compensation Plan on behalf of its City Manager retroactive to January 30, 1978; 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 287 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1979. No. 24558. AN ORDINANCE amending and reordaining Chapter 1, General Provisions, of Title III, Pensions and Retirement, Code of the City of Roanoke (1956), as amended, by adding a new section numbered 3.1, removing the City Manager from membership in the Employees' Retirement System 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 Chapter l, General Provisions~ of Title III, Pensions and Retirement, of the Code of the City of Roanoke (1956), as amended, be and said chapter is hereby amended by the addition of a new section numbered 3.1 to read and provide as follows: Section 3.1. Membership to exclude City Manager. Notwithstanding any other provision of this Code, on and after April 1, 1979, the City Manager shall not be included in the membership of the Employees' Retirement System of the City of Roanoke. 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 April 1, 1979. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1979. No. 24559. A RESOLUTION expressing the intention of this Council to fund agencies served by the Citizens' Services Committee (CSC) at the level of $334,910 for Fiscal Year 1979-1980, such funds being a portion of the City's Revenue Sharing funds; that the foregoing amount should be utilized to support agencies considered as qualified for Citizens' Services Committee funds, excluding Virginia Western Community College, Roanoke Valley Chamber of Commerce, the Society for the Preven- tion of Cruelty to Animals, WBRA-TV, Mental Health Services and Virginia Polytechnic Institute and State University Extension Service. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That $334,910 from the City's Revenue Sharing Funds for Fiscal Year 1979-1980 shall be appropriated to the Citizens' Services Committee for distribution to those agencies qualified for Citizens' Services Committee funds, such dollar amount representing a seven percent (7%) increase over funds available to such Committee for Fiscal Year 1978-1979; 2. That, under no circumstances, shall Federal Revenue Sharing funds available for dis- tribution by the Citizens' Services Committee increase by more than seven percent (7%) over funds available for distribution by such Committee in Fiscal Year 1978-1979; and 3. That the foregoing dollar amount shall constitute the total amount of funds to be distributed by the Citizens' Services Committee to those agencies qualified for Citizens' Services Committee funding, excluding Virginia Western Community College, Roanoke Valley Chamber of Commerce, the Society for the Prevention of Cruelty to Animals, WBRA-TV, Mental Health Services and Virginia Polytechnic Institute and State University Extension Service. APPROVED ATTEST: City Clerk Mayor 288 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1979. No. 24560. AN ORDINANCE to amend and reordain certain sections of the 1978-79 Capital Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 Capital Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CAPITAL FUND Capital Improvement Reserve #6001 (1) ................... $3,728,000.00 Jail Facility #4202 (2) ................................. 6,589,520.00 (1) Net decrease (A08600172501) (2) Net increase (A08420290001) $155,000.00 155,000.00 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 March, 1979. No. 24561. AN ORDINANCE providing for the purchase of a closed-circuit television surveillance system for the new City Jail currently under construction; accepting a certain bid made to the City for furnishing and delivering said system; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Motorola C&E, Inc., made to the City, offering to furnish, deliver and install in the new City Jail currently under construction a closed-circuit television surveillanc system meeting all of the City's specifications and requirements made therefor, for the total bid price of $144,144.90, including trade-in allowance allowed for certain equipment, 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 therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this ordinance; the cost of said equipment, when delivered, shall be paid for out of funds appropriated for the purpose, upon delivery to the City of said 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 said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out; 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 289 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1979. No. 24562. A RESOLUTION authorizing the Roanoke Redevelopment and Housing Authority to apply to the Department of Housing and Urban Development for Housing Assistance funds currently available for the substantial rehabilitation within the City of an estimated seventy-seven (77) units of housing for families, upon certain conditions. WHEREAS, by letter dated January 30, 1979, the Department of Housing and Urban Development (HUD) advised the Roanoke Redevelopment and Housing Authority (hereinafter referred to as the Authority) that it would accept applications to develop a Public Housing Program in the City involving the substantial rehabilitation of an estimated seventy-seven (77) units of housing for families, and that contract authority in the amount of $205,051.00 was available for said program; WHEREAS, the FY 1978-1979 Housing Assistance Plan (HAP) of the City includes a goal of seventy-eight (78) units of rental property to be rehabilitated, which goal has not been met to date; and WHEREAS, the City Manager has recommended in a report dated March 12, 1979, that the Authority be authorized to apply for the aforementioned Housing Assistance funds, with the under- standing that the Authority, if it receives such funds, will allocate in the manner set forth in the addendum to his report the housing units that are to be rehabilitated; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Roanoke Redevelopment and Housing Authority is hereby authorized to apply to HUD for Housing Assistance funds to be used for the development of a Public Housing Program in the City consisting of the substantial rehabilitation of an estimated seventy-seven (77) units of housing for families. 2. That this Council's authorization is contingent upon the Roanoke Redevelopment and Housing Authority allocating in the manner set forth in the addendum to the City Manager's report of March 12, 1979, the housing units that are to be rehabilitated. 3. That the City Clerk is directed to forward an attested copy of this resolution to Russell R. Henley, Executive Director, Roanoke Redevelopment and Housing Authority. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,. The 26th day of March, 1979. No. 24548. AN ORDINANCE permanently vacating, discontinuing and closing that certain portion of Mountain Avenue, S. E., extending from the westerly side of Williamson Road, S. E., (formerly Third Street, S. E.) to intersection with the easterly side of First Street, S. E., (formerly Orchard Hill, S. E.) extended, as is more particularly described hereinafter. WHEREAS, Community Hospital of Roanoke Valley has heretofore filed its application to the Council of the City of Roanoke, Virginia, in accordance with the law, requesting the Council to permanently vacate, discontinue and close that certain street which is more particularly hereinafter described; and WHEREAS, Community Hospital of Roanoke Valley did, on December 12, 1978, 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 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. 24448 dated December 26, 1978, 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 on January 17, 1979, that no inconvenience will result to any individual or to the public from perma- nently vacating, discontinuing and closing said street; and 290 WHEREAS, Council at its meeting on December 26, 1978, 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 January 17, 1979, 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 March 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 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 Community Hospital of Roanoke Valley 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 Mountain Avenue, S. E., extending from the westerly side of Williamson Road, S. E., (formerly Third Street, S. E.) to intersection with the easterly side of First Street, S. E., (formerly Orchard Hill, S. E.) extended, situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain portion of Mountain Avenue, S. E., extending from the westerly side of Williamson Road, S. E., (formerly Third Street, S. E.) to intersection with the easterly side of First Street, S. E., (form- erly Orchard Hill, S. E.) extended, for the entire length and width of said street, be, and it is hereby, 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 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 of 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 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 26th day of March, 1979. No. 24550. 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. 646, 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 44 acres, designated as Official Tax No. 6460101, 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 RG-1, General Residential District, so that 8 acres of said land will be zoned C-2, General Commercial District, and the remaining 36 acres of said 44-acre tract of land will be zoned IDM, Industrial Development District, as more particularly described in the petition for rezoning filed with the City Clerk on December 27, 1978; and W.A. DICKINSON CARROLL D. REA JOHN H.YOUNG WILBUR L. HAZLIrGROVr LAw O~ric£s HXZLEGRovE, DIOKINSOX 8c REX 1202 FIRST .NATIONAL ~CHANGE ~ANK BUILDING P.O. Box 1~18 ~0~o~ ~[~GZ~Z~ ~00~ TELEPHONE (703) 982-1844 Dece~e~ 27, 1978 W. P. HAZL£GROVE OF COUNSEL, City of Roanoke Roanoke, Virginia RE: Petition to Rezone Gentlemen: I enclose Petition to Rezone on behalf of Maury L. S~rauss and Sheila S. Strauss and American Motor Inns, Incorporated, requesting the rezoning of a certain 44 acre tract of land located in the City of Roanoke. This Petition is an amendment of the Petition filed December 14, 1978 by the above-referenced Petitioners and Builders Investment Group. The enclosed Petition withdraws the request of Builders Invest- ment Group for the rezoning of 36 acres of property and makes pertinent changes to the conditions proffered by the Petitioners. It wOuld be greatly appreciated if Builders Investment Group could be refunded a porportionate share of the filing fee for the 36 acres which are not included in the enclosed Petition less the costs incurred by the City of Roanoke for processing the original Petition. Ybur assistance in this matter is greatly appreciated. s y truly y~,~ s, F. DOUTHAT Enclosure HAZL£GROVE. DICKINSON & REA ATTORNEYS AT LAW ROANOKE, VA. VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: PETITION TO THE COUNCIL OF THE CITY ) OF ROANOKE, VIRGINIA PURSUANT TO THE ) PROVISIONS OF ARTICLE VII.I, CHAPTER 4.1, ) TITLE XV OF THE CODE OF THE CITY OF ) ROANOKE, TO AMEND THE PROVISIONS OF ) THE ZONING ORDINANCE OF THE CITY OF ) ROANOKE FROM RG-1, GENERAL RESIDENTIAL ) DISTRICT, TO IDM, INDUSTRIAL ) DEVELOPMENT DISTRICT, A~D C-2, GENERAL ) COMMERCIAL DISTRICT, OF A TRACT OF ) LAND FRONTING ON~THEWESTERLY SIDE OF ) INTERSTATE ROUTE 581 DESIGNATED ON TAX ) APPRAISAL MAP OF THE CITY OF ROANOKE, ) VIRGINIA, AS NO. 6460101, DESIGNATED ) ON 5~P ATTACHED HERETO OUTLINED IN RED ) PETITION TO REZONE TO THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. Your Petitioners, Maury L. Strauss and Sheila S. Strauss, are owners of a certain tract of land located in the City of Roanoke, Virginia, containing 44 acres, more or less, which is designated on Roanoke City Appraisal Map number 646 as parcel number 6460101, and is currently zoned RG-1, General Residential District. 2. Your Petitioner, American Motor Inns, Incorporated, has entered into an agreement with Petitioners, Maury L. Strauss and Sheila S. Strauss, for the lease of a portion of the above-referenced 44 acre parcel of land containing 8 acres, more or less, subject to the property being rezoned to C-2, General Commercial District, to permit the con- struction and operation thereon of a hotel and restaurant facility. A description of the above-referenced 8 acre tract is attached hereto as Exhibit A. 3. Your Petitioners, Maury L. Strauss, Sheila S. Strauss, desire to develop the balance of their property totaling 36 acres, more or less, as a planned orderly industrial area consistent with the provisions of Title'XV, RAZLEGROVE, DICKINSON & REA ATTORNEYS AT LAW ROANOKE. VA, - 2 - Chapter 4.1, Section 12, of the Roanoke City Code, IDM, Industrial Development District. A description of the tract comprising the above-referenced 36 acres is attached hereto as Exhibit B. 4. Your Petitioners desire to consummate the leasing and development agreement regarding the aforesaid 8 acre parcel of property, to erect a hotel and restaurant facility thereon and to zOne the remaining 36 acres for development as an industrial development district shown on the attached map marked Exhibit C, and therefore request that the 8 acres to be leased to American Motor Inns, Incorporated, be rezoned from RG-1, General Residential District, to C-2, General Commercial District, and the balance of said property be rezoned from RG-1, General Residential District, to IDM, Industrial Development District. 5. Your Petitioners believe that the rezoning of the subject tracts of land to C-2, General Commercial District, and IDM, Industrial Development District, is in keeping with the intent of the Zoning Ordinance of the City of Roanoke and will be in the best interests of the community and, further, your Petitioners, Maury L. Strauss and Sheila S. Istrauss, hereby proffer and agree and your Petitioner, American Motor Inns, Incorporated, agrees that the requested rezoning of the property in accordance with the provisions of the Zoning Ordinance of the City of Roanoke will be subject to the following conditions: A. The fifty foot right-of-way from the Arrow Wood Apartments property (Montauk Road extended) to the property designated on Roanoke City Appraisal Map number 646 as parcel number 6460101 will be abandoned. HAZLEGROVE, DICKrNSON & REA ATYORNEYS AT LAW ROANOKE, VA, - 3 - B. An easement and right-of-way fifty feet in width will be reserved for dedication for public use along the easterly boundary of the parcel of land designated on Roanoke City Appraisal Map number 646 as parcel number 6460101 to join the existing frontage road to the south and the easement shown on Roanoke City Appraisal Map number 647 to the North. An easement, fifty feet in width (Ferndale Drive extended) will be reserved for dedication for public use from the reserved right-of-way shown on Roanoke City Appraisal Map number 646 along the westerly border of parcel number 6460101 to a point and thence in an easterly direction across parcel number 6460101 to the fifty foot right-of-way reserved as the connecting link in the frontage road along the easterly boundary of parcel number 6460101, the exact location of such easement to be determined by the owner of parcel number 6460101 at such time as said easement is to be put into use. C. Your Petitioners, Maury L. Strauss and Sheila S Strauss, proffer that upon the development of more than fifteen (15) acres of the IDM, Industrial Development Distric~ land, i.e. when more than fifteen acres are put into use for IDM purposes and/or is the site of construction of structures such as parking lots, roads, curbs, gutters, buildings or other structures not now located on said property, an access point or points in addition to or other than Fernda!e Drive extended will be constructed to serve said property as soon as possible after issuance of a building permit for con- struction on any of the said IDM, Industrial Development District land (over and above fifteen (15) acres), which access point will be a conditio~ precedent to the issuance of a certificate of occupancy for any structure built o~ HAZLEGROVE, DiCKiNSON & REA ATTORNEYS AT LAW ROANOKE, VA. said land. The above does not apply to the golf cart path !which it is anticipated will be built on the subject property D. Your Petitioners, Maury L. Strauss and Sheila S Strauss and American Motor Inns, Incorporated, proffer that upon the construction or expansion of the hotel facility on the eight (8) acres zoned C-2, General Commercial District, ito more than 165 rentable rooms, an access point or points in addition to or Other than Ferndale Drive extended will be constructed as soon as possible after issuance of a building permit for construction of more than 165 rentable rooms on the said C-2, General Commercial District land which access point or points will be a condition precedent to the issuance of a certificate of occupancy for such expanded hotel facility. E. No buildings or parking lots shall be con- structed upon the subject property within 50 feet of the boundary of said property adjoining neighboring land shown on Roanoke City Appraisal Map number 646 as property number 6460103 or within 100 feet of the property shown on Roanoke City Appraisal Map number 647 as property number 6472101. F. At such time as a site is sold, leased, developed or otherwise put into use on the subject property to be zoned IDM, Industrial Development District, indigenous trees not less tha~ five feet in height will be planted not' more than 20 feet apart as a shield or buffer along the boundary of such site where such site is adjacent to the parcel shown on Roanoke City Appraisal Map 646 as parcel number 6460103, and between 90 and 100 feet from the boundary of such site when such site is adjacent to the parcel shown on Roanoke City Appraisal Map number 647 as parcel nun~er 6472101, at the cost of the owners of such site or parcel of - 5 - property, as soon as possible after issuance of a building permit and as a condition precedent to the issuance of a certificate of occupancy for the subject site. G. Plans for the construction of any signs and any landscaping on any parcel of the subject property shall be made available to the City of Roanoke for comment by the City as part of the process of site plan review for Con- struction on any'such parcel. H. 'The C-2, General Commercial District, property shall be for hotel and restaurant facilities and related uses and, subject to appropriate governmental regulation and. engineering restrictions, shall consist of an initial facility of approximately ].50 rooms in the configuration of a mid-rise six or seven Story tower joined by a covered atrium with adjacent commercial area designed to facilitate expansion to an estimated size of 250 to 300 rooms. If the hotel and restaurant facility are not under construction within three years from the date of rezoning of the 8 acres to be zoned C-2, General Commercial District, said 8 acre tract shall automatically be reclassified to IDM, Industrial Development District. WHEREFORE, your P~titioners pray that the described real estate be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, ' MAURY L. STRAUSS AND SHEILA S. STRAUSS AND kM~CAN Hazlegrove, Dickinson & Rea P.O. Box 1218 Roanoke, Virginia 24006 MOTOR INNS, INCORPORATED Of Counsel TRACT BEGINNING at a point on the south right-of-way line of Interstate Route 581 and being the most northeasterly corner of Maury L. Strauss Property; thence with the right-of-way line of Interstate Route 581 as it extends across the end of Frontage Road in a southwesterly direction S. 45" 27' W. 68.60 feet to a concrete monument; thence leaving Interstate Route 581 and with Billy H. Branch and T. D. Steele Property ih a southwesterly direction S. 44" 41' 21" W. 425.36 feet to.a point and being the actual place of BEGINNING; thence leaving Billy H. Branch and T. D. Steele and with a new- line thru the property of Maury L. Strauss, the following theee courses; N. 38° 48' 39" W. 596.72 feet to a point; thence S. 51" 11' 21" W. 665.08 feet to a point; thence S. 38° 48' 39" E. 605.00 feet and being a point on the line of Best Company llne (formerly A.F. Hoback Property); thence with Best.Company in a northeasterly direction N. ~4° 41' 21" E. passing the corner of Billy H. Branch and T. D. Steele Property at 100.00 feet + and continuing in the same direction 603.00 f~et in all to the place of BEGINNING and containing 8.0+ acres. "EXHIBIT B" TRACT BEGINNING at the northeasterly corner of subject property and being a point on the southerly right- of-way line of Interstate Route 581; thence with Interstate Route ~581 and with a line across the northerly end of Frontage Road in a southwesterly direction S. 45" 27' W. 68.60 feet to a concrete monument; thence leaving Interstate Route 581 and with property of Billy H. Branch and T. D. Steele S. 44" 41' 21" W. 425.36 feet to a point; thence leaving Branch and Steele and with the northerly' line of an 8.0 acre tract the followin~ three courses: N. 38" 48' 39" W. 596.72 feet to a point; . thence S. 51° 11' 21" W. 600.00 feet to a'point; ~hence S. 38° 48' 39" E. 665.08 feet to a point on "·. the line of Best. Company Property (formerly A.F. · .-' ~ ~oback Property); ~_hence with Best Company in a "" southwesterly direction S. 44" 41' 21" W. 50.32 feet to a point and bein~ the northeasterly corner of " Roanoke City School Board Property; thence with Roanoke ci%y School Board Property in a northwesterly direction, N. 38" 48' 39" W., 1,806.17 feet to a point on the south line of Arrow Wood Subdivisio~ as recorded in the Circuit Court of Roanoke County. in Plat Book 6, Page 93; thence with ~he southerly line of Arrow Wood in a northeasterly direction N. 56" 51' 10" E., passing the corner of Builders Investment Group, Inc. Property at 600.00 feet + and continuing in the same direction with Build,rs Investment Group Inc. Property, 1,135.20 feet in all to a concrete monument in the southerly right- of-way line of Interstate Route 581; thence with Route 581 in a southeasterly direction S. 39" 13' 05" E. 1,564.2 feet to the place of BEGINNING and containin~ 36.2 acres. ,. It ADJOINING LANDOWNERS Best Products c/o R. J. Koll P.O. Box 26303 Richmond, Virginia 23260 Branch and Steel P.O. Box 8158 Roanoke, Virginia Arro~ Wood Gardens c/o John H. Miller 2203 Montauk Road, N.W. Apartment 4 Roanoke, Virginia 24017 Fairway Village Apartments c/o First Virginia Mortgage R.E.T. 6400 Arlington Road Falls Church, Virginia 22042 City of Roanoke c/o City Clerk Municipal Building Roanoke, Virginia Jerry H. Garst 4114 Thirlane Road Roanoke, Virginia 24019 T.-J. Andrews, et al Greendale Farms 1701 Hershberger Road Roanoke, Virginia 24012 Wanda G. Atkins 4056 Thirlane Road, N.W. Roanoke, Virginia 24019 Joseph and Margaret Brown 3922 Thirlane Road, N.W. Roanoke, Virginia 24019 Betty P. Howlett Thirlane Road, N.W. Roanoke, Virginia 24019 W. A. and Aziles Quick 3806 Thirlane Road, N.W. Roanoke, Virginia 24019 Builders Investment Group c/o Walter S. Clement Countryside One Countryside Road Roanoke, Virginia 24017 Julie L. Hunsaker 2343 Highland Farm Road Roanoke, Virginia 24017 WHEREAS, the City Planning Commission has recommended that the hereinafter-described land be rezoned from RG-1, General Residential District, so that 8 acres of said land will be zoned C-2, General Commercial District, and the remaining 36 acres of said 44-acre tract of land will be zoned IDM, Industrial Development 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 March, 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. 646 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particu- lar, subject to the conditions set forth in the petition for rezoning filed with the City Clerk on December 27, 1978, which petition is hereby incorporated as a part of this ordinance, viz: Property fronting on the westerly side of Interstate Route 581, containing 44 acres, designated as Official Tax No. 6460101, designated on Sheet 646 of the Sectional 1976 Zone Map, be, and is hereby, changed from RG-1, General Residential District, so that 8 acres of said land will be zoned C-2, General Commercial District, and the remaining 36 acres of said 44-acre tract of land will be zoned IDM, Industrial Development District, as more particularly described in the aforementioned petition for rezoning, and that Sheet No. 646 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 March, 1979. No. 24563. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Police Training Academy #7423 (1,2,3,4) ................... $29,198.00 REVENUE Police Training Academy #7423 (5,6) ....................... $29,198.00 (1) Net increase (A35742320010) (2) Net increase (A35742323005) (3) Net increase (A35742330005) (4) Net increase (A35742390020) (5) Net ~ncrease (R35742321) (6) Net ~ncrease (R35742331) $ 9,515.00 2,624.00 12,854.00 4,205.00 27,738.00 1,460.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 291 292 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1979. No. 24564. A RESOLUTION authorizing the acceptance of Law Enforcement Grant No. 79-A4980 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 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. 79-A4980 in the total amount of $29,198.00 consisting of $26,278.00 from DJCP Block Funds, $1,460.00 from DJCP General Funds, and $1,460.00 from local cash match, for the purpose of providing continuation of the police academy; 2. That 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 for Action Grant Awards" with DJCP for Action Grant No. 79-A4980; 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 aforesaid grant or with such project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1979. No. 24565. AN ORDINANCE authorizing the issuance of Change Order No. 2, providing for a time extension of 40 calendar days to the City's contract, dated January 10, 1977, with Plecker Construction Company, for construction of the Fairland Lake Sewer Project, authorized by Ordinance No. 23441, adopted January 4, 1977, 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 of Roanoke, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Plecker Construction Company, dated January 10, 1977, authorized by Ordinance No. 23441, so as to provide for a time extension of 40 calendar days until April 6, 1979, for completion of the work, for the reasons stated in the City Manager's report dated March 26, 1979, a copy of which is on file in the Office of the City Clerk, said Change Order not to result in any additional cost to the City; 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 293 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1979. No. 24566. AN ORDINANCE approving the City Manager's issuance of Change Order No. 13 to the City's contract with McDevitt and Street Company, dated July 6, 1977, for construction of a new jail facility, authorized by Ordinance No. 23702; 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. 13 to the City's contract with McDevitt and Street Company, dated July 6, 1977, authorized by Ordinance No. 23702, so as to provide for the following changes in the work to be performed, to-wit: CONTRACT AMOUNT $ 5,894,568.00 Security door and wire enclosure requested by State Department of Corrections in Stair 3 at fourth floor level. Add 2,314.00 Counter and top added to Booking Room 130 to hold fingerprint equipment and control counter and storage shelving added to Commissary 365. Add 871.00 Chalkboards relocated in 4 different rooms; chalk tackboard added to Room 450 Multipur- pose Room Add 470.00 Sheriff's Office finishes changed to include carpeting, moving door to accommodate furni- ture layout and other alterations to office. Add 8,194.00 ee Towel dispenser added in Booking Room as requested by Sheriff so fingerprint ink may be removed by person being booked. Add 150.00 f. Duplex receptacle added in Medicine Room 482 for service to refrigerator for medicine storage. Add 200.00 Light switch and fixture added in roof exercise area to increase candlepower at night so surveil- lance camera can record activity in area. Add 600.00 Basket locker and hanging space altered in Rooms 181 and 182 to provide more hanging space. Sheriff felt more hanging space was required for long-time inmate storage in lieu of short-time inmate storage. Add 960.00 i. Dry Cleaning Machine relocated to laundry room (from intake area) at the request of Sheriff. Add 2,016.00 Caulking changed to a hard caulking compound around all windows inside cell areas to pre- vent inmates from picking the caulking out of the joints. Requested by Sheriff and Building Maintenance. Add 3,417.00 Power supplied to Fan No. 12 and Unit Heater No. 12. Circuits are not shown on original drawings. Add 651.00 Security grilles added over all corridor slid- ing security doors. Requested by State Depart- ment of Corrections. Add 9,033.00 mo Telephone outlets in Pod Dayrooms moved to out- side Dayroom area. Sheriff felt the telephone could be used as a weapon and should be located outside the Dayroom area. Add 2,026.00 n. Receptacle added in Room 365, to be used with cash register on counter in Commissary 365. Add 195.00 Bunk drawers removed from all holding area cells. Sheriff felt they could be removed and used as a weapon. Mirrors in holding areas removed. Sheriff had mirrors removed to keep drunks being held from injuring themselves. Add Add 3,288.00 320.00 294 Closed circuit TV camera boxes that have been purchased by the City to be turned over to the General Contractor to be installed through masonry walls and through steel plate over jail wall con- struction. Hollow metal frame altered between Rooms 131 Intake Office and 319 Vestibule to provide better visual surveillance of the area. Plaster ceiling added in Room 189. This is area that would have been over the initial location of the Dry Cleaning Machine. Checkered plate added in Stair 3 on first landing in lieu of open grating to cover filing cabinets below. Six enclosures con- structed at third floor ceiling to conceal sanitary sewer lines from fourth floor. Re- place 2 20A 2 pole breakers in panel 1 HA with 40A 3 pole breaker and replace associ- ate wiring with #8 THWN for new circuit. Final adjustment for compacted site fill. Work performed on unit price charge from original bid proposal form. Substitute masonry grout in all horizontal and vertical joints between structural mem- bers and walls or ceiling within all secure areas for caulking specified. Sheriff and Building Maintenance felt this would reduce maintenance. Chase door swing altered on 3 pipe chases to give better access to pipes for maintenance. x. Paint omitted from galvanized stair treads. Install two (2) intercom telephones in interview rooms 132 and 132A. Vertical hanging cradles replaced with horizontal cradles in all visitation booths. aa. Additional electrical wiring required to install 4 chemical feed units. *General condition costs, as calculated by McDevitt and Street Company, Inc. (Charged on Items a through n, only.) *Fifteen percent (15%) overhead and profit (Charged on Items a through n, only). *One percent (1%) bond cost (Charged on Items a through n, only). TOTAL CHANGE ORDER NO. 13 Additional time resulting from Change Order No. 13 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 13 Add 8,700.00 Add 547.00 Add 198.00 Add 1,870.00 Add 2,003.00 Add 2,369.00 Add 375.00 Deduct 936.00 Add 525.00 Add 1,030.00 Add 535.00 Add 9,330.00 Add 6,064.00 Add 465.00 $ 67,780.00 -0- 5,962,348.00 2. That, in order to provide for the public 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 26th day of March, 1979. No. 24567. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contingencies #1880 (1) ............................... $ 983,145.97 Grounds Maintenance #1666 (2,3) ....................... $1,116,143.50 (1) Net decrease (A01188072011) (2) Net increase (A01166630050) (3) Net increase (A01166610007) $15,705.00 9,500.00 6,205.00 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 March, 1979. No. 24568. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Capital Outlay From Revenue #2401 (1) .................. $1,696,902.90 General Operating #2004 (2) ............................ 1,044,514.96 (1) Net decrease (A04240191701) (2) Net increase (A04200420046) $15,000.00 15,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 296 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1979. No. 24569. A RESOLUTION to appoint viewers to determine the inconvenience, if any, resulting from the discontinuance and vacation of Moorman Avenue, N. W., from the easterly side of Salem Turnpike, N. W. to the newly established westerly side of 22nd Street, N. W. and resulting from the discontin- uance and vacation of Salem Turnpike, N. W. from the newly established easterly side of 24th Street, N. W. to the newly established cul-de-sac east of the said 24th Street, N. W. WHEREAS, application has been made to the Council of the City of Roanoke, Virginia, to have Moorman Avenue, N. W. vacated and discontinued from the easterly side of Salem Turnpike, N. W. to the newly established westerly side of 22nd Street, N. W.; and to have Salem Turnpike, N. W. vacated and discontinued from the newly established easterly side of 24th Street to the newly established cul-de-sac east of the said 24th Street, N. W.; and 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, Virginia, 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 R. R. Quick, R. Lee Mastin, Fred D. Felice, L. Elwood Norris and George W. Overby, any three of whom may act, be, and they are hereby appointed viewers to view Moorman Avenue, N. W. from the easterly side of Salem Turnpike, N. W., to the newly established westerly side of 22nd Street, N. W., to view Salem Turnpike, N. W. from the newly established easterly side of 24th Street, N. W. to the newly established cul-de-sac east of the said 24th Street, N. W. 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 vacation and discontinuance of Moorman Avenue, N. W. from the easterly side of Salem Turnpike, N. W. to the newly established westerly side of 22nd Street, N.W. and from the vacation and discontinuance of Salem Turnpike, N. W. from the newly established easterly side of 24th Street, N. W. to the newly established cul-de-sac east of the said 24th Street, N. W. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1979. No. 24570. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Valley Home for the Aged, Inc., to permanently vacate, discontinue and close an alleyway in the immediate vicinity, all of which is more particular- ly described hereinafter; 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 application of Valley Home for the Aged, Inc., that said applicant did on March 19, 1979, 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 be made this day to the Council of the City of Roanoke, Virginia, to close the herein- after described street and alley portions, 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 and alley portions 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 Council having considered said application to perma- nently vacate, discontinue and close the hereinafter described street and alley portions; and WHEREAS, the applicants have requested that five viewers, any three of whom may act, be appointed to view the hereinafter described street and alley portions 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. 297 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 J. Tate McBroom, any three of whom may act, be, and they hereby are appointed as viewers to view the following des- cribed street and alley portions, 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: (1) All of that 10 ft. alley behind Lots 11 through 25 as shown on City Engineer's Maps at page 213, and as shown as a paper alley on the North side of a parcel bearing Official Tax No. 2230611. Ail of the foregoing description is based on the City of Roanoke Appraisal Map, Sheet No. 213 and 223 of record in the Engineer's Office of the City of Roanoke. The street and alley portions to be closed and vacated are shown in red on an excerpt from Sheet No. 213, 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 alley portions, 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 2nd day of April, 1979. No. 24571. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contributions and Subsidies (1) ............... ; ......... $1,862,403.30 Contingencies (2) ....................................... 997,850.97 (1) Net increase (A01183270716) (2) Net decrease (A01188072006) $1,000.00 1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor 298 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1979. No. 24572. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Parks and Recreation (1) .................................. $565,695.93 REVENUE Miscellaneous (2) ......................................... 549,889.33 (1) Net increase (A01137530043) $5,000.00 (2) Net increase (R01103501) 5,000.00 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 2nd day of April, 1979. No. 24573. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Civic Center Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Operating Expenses (1) .............................. $990,855.95 (1) Net increase (A05200525505) $35,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 299 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1979. No. 24574. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contingencies #1880 (1) ............................... $977,795.97 Nursing Home #1539 (2) ................................ 494,030.00 (1) Net decrease (A01188072006) (2) Net increase (A01153930020) $5,350.00 5,350.00 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 April, 1979. No. 24575. AN ORDINANCE amending and reordaining Chapter 4, The Council, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, by adding a new section to be numbered Sectio~ 5 prohibiting any member of the School Board, the Planning Commission, the Board of Zoning Appeals or the Personnel and Employment Practices Commission from serving on any other permanent board, commission, authority or committee the membership of which is appointed solely by the Council and authorizing multiple memberships among certain other bodies appointed by City Council; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Chapter 4, The Council, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, is hereby amended by the addition of a new section numbered Section 5 to read and provide as follows: Section 5. Multiple memberships. No member of the School Board, Planning Commission, Board of Zoning Appeals or Personnel and Employment Practices Commission shall serve on any other permanent board, commission, authority or committee the membership of which is appointed solely by the Council. Notwithstanding any other provision of this Code, except as herein- above stated, there shall be no prohibition on the appointment of any otherwise eligible person to two or more permanent boards, commissions, authorities or committees appointed by Council. This section shall have no application to ad hoc boards, commissions, authorities or committees appointed by the Council, the City Manager or any other Council-appointed officer. 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 300 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1979. No. 24576. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 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 #6804 (1) ................. $58,537.72 REVENUE C.D.B.G. Parking Lot Income #6846 (2) .......... 58,537.72 (1) Net increase (A35680495005) (2) Net increase (R35684641) $28,591.42 28,591.42 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 2nd day of April, 1979. No. 24577. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: Employee Benefits #1810 (1, 2) ...................... $4,679,565.86 (1) Net increase (A01181011017) ..... $5,120.00 (2) Net decrease (A01181011005) 5,120.00 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 April, 1979. No. 24578. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contributions and Subsidies (1,2,3) ....................... $1,862,403.30 (1) Net increase (A01183270438) (2) Net increase (A01183270404) (3) Net decrease (A01183270440) $4,000.00 4,000.00 8,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1979. No. 24579. AN ORDINANCE amending and reordaining Chapter 8.1, The Director of Finance, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, by adding a new section to be numbered Section 7, authorizing the Director of Finance, with the written concurrence of the City Manager and the Municipal Auditor, to establish petty cash and change funds under certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Chapter 8.1, The Director of Finance, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, is hereby amended by the addition of a new section num- bered Section 7 to read and provide as follows: Section 7. Petty cash and change funds. (a) The Director of Finance, with the written concurrence of the City Manager and Municipal Auditor, shall be authorized to establish such petty cash and change funds as are necessary for the efficient operation of the various departments and offices of the City. The Director of Finance, with the written concurrence of the City Manager and Municipal Auditor, shall establish the maximum dollar amount to be present in such petty cash and change funds, but under no circumstances shall any petty cash fund contain funds in excess of $5000.00, and no change fund shall contain funds in excess of $10,000.00. (b) The Director of Finance, with the written concurrence of the City Manager and Municipal Auditor, shall promulgate rules and regulations for the establishment, operation, accountability and security of the various petty cash and change funds of the City. (c) The following definitions shall apply to section: (1) change fund shall mean currency and coin of a fixed amount maintained for the purpose of making change in collect- ting amounts due; (2) petty cash fund shall mean a fund main- tained in cash or in a checking account for the purpose of making minor purchases or for making refunds to customers. 302 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 9th day of April, 1979. No. 24581. A RESOLUTION authorizing the inclusion of a certain Housing Assistance Plan in the City's application to 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, Council on March 12, 1979, by Resolution No. 24549, authorized and directed the City Manager to execute and file on behalf of the City with the United States Department of Housing and Urban Development an application for a new grant of $2,316,000 of Federal funds under Public Law 93-383 to aid in financing certain Community Development Block Grant programs; and WHEREAS, the City is required to file a Housing Assistance Plan as part of the aforemention application, which Plan must detail low-income and moderate-income housing needs within the City for Fiscal Years 1980-83; and WHEREAS, the City.Manager has submitted to Council a report dated April 9, 1979, recommendi that Council concur in a housing plan that would emphasize for Fiscal Years 1980-83 the obtaining of parity in the provision of assisted housing to the various segments of the community receiving such assistance, which plan would result in an emphasis on meeting the needs of the elderly and for owner-occupied units; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanok~ that the Council concurs in the recommendation of the City Manager, and he is hereby authorized and directed to include as a part of the City's application to 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, the Housing Assistance Plan as recommended in the City Manager's report to Council dated April 9, 1979. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1979. No. 24582. AN ORDINANICE fixing the minimum annual compensation for the position of Clerk of the Circuit Court of the City of Roanoke, an unclassified position of the City, effective January 1, 1979; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the minimum annual compensation of the position of Clerk of the Circuit Court of the City of Roanoke, effective January 1, 1979, shall be $25,000.00; 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: 303 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1979. No. 24583. AN O~INANCE amending and reordaining Ordinance No. 24535, heretofore adopted by City Council on February 26, 1979, pertaining to certain vehicular equipment, and providing for an emergency. WHEREAS, by Ordinance No. 24535, adopted by this Council on February 26, 1979, certain bids, including a bid from Berglund Chevrolet for the purchase of a 12-passenger window van in the amount of $6,388.85, were accepted; WHEREAS, in accordance with such ordinance, Purchase Order No. A-03399 was issued to Berglund Chevrolet on March 2, 1979; and WHEREAS, by report dated April 9, 1979, the bid committee appointed to review such bids advised that due to E.P.A. changes, Berglund Chevrolet cannot supply the vehicle as specified and recommended that the City's Purchase Order No. A-03399 to Berglund Chevrolet in the amount of $6,388.85 be cancelled and that the City place an order with Dominion Dodge, the second lowest bidder, in the amount of $6,506.79 for a 12-passenger window van fully meeting the City's specifica- tions, thereby increasing the total purchase price of certain vehicular equipment by $117.94, in which report Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of,Roanoke as follows: 1. That Ordinance No. 24535 is hereby amended and reordained to provide as follows: Item Quantity and Successful Total Number Description Bidder Purchase Price 6 1 - 12 Passenger Window Van Dominion Dodge $ 6,506.79 (Seating five passengers) and further, that the total purchase price for all items to be purchased as set forth in such ordinance is hereby amended and reordained to read $69,798.28; 2. That except as specifically set forth herein, the provisions of Ordinance No. 24535 shall remain in full force and effect; 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 9th day of April, 1979. No. 24584. A RESOLUTION placing the Roanoke County Board of Supervisors and the various concerned governmental agencies on notice of the City's objections to certain water withdrawal structures proposed by Roanoke County on Back Creek and the Roanoke River. WHEREAS, Roanoke County has given notice that it intends to provide a raw water intake structure for a water treatment facility and construct a diversion dam on Back Creek in Roanoke County, which site is upstream from a proposed impoundment facility of the City of Roanoke; WHEREAS, by Resolution No. 23059, dated June 28, 1976, the City of Roanoke approved and adopted plans to develop a 20 MGD source of potable water on Back Creek with an impoundment structure to be located immediately upstream from the State Route 116 bridge over Back Creek, which impoundment facility is necessary to meet the future water needs of the City of Roanoke; WHEREAS, the City is the owner of the entire site of the proposed dam, and the City is, therefore, a downstream riparian owner from the water withdrawal structure proposed to be constructe~ by Roanoke County on Back Creek; WHEREAS, the County's proposed facility could reduce the safe yield or otherwise result in diminution of the water available for the City's proposed impoundment facility on Back Creek; 3O4 WHEREAS, Roanoke County has also given notice that it intends to construct a small diversion dam and raw water intake structure on the Roanoke River approximately three miles west of the County-Salem corporate limits in Roanoke County, which site is upstream from the City's Sewage Treatment Plant; WHEREAS, the City's Sewage Treatment Plant discharges into the Roanoke River near its confluence with Tinker Creek and the City has had very strict requirements imposed on the operation of this Sewage Treatment Plant relative to the quality of the effluent being discharged into the receiving waters; WHEREAS, any action above stream from the Sewage Treatment Plant that would diminish the flow of water in the Roanoke River would adversely impact on the already restrictive standards for discharge from the City's Sewage Treatment Plant and would also adversely impact on the many natural parks within the City of Roanoke; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Council adopts this means of formally placing the Roanoke County Board of Supervisors and the various concerned governmental agencies on notice of the City's vigorous objections to any County facility on Back Creek that would reduce the safe yield or otherwise result in diminution of the quantity of water available to the City's proposed impoundment facility on Back Creek and any County facility on the Roanoke River that would reduce the level of water, withdraw any water when the flow of the river is below the flow used by the Commonwealth in establishing stream standards (7-day minimum mean low flow with 10-year return) or otherwise adversely impact on standards for discharge from the City's Sewage Treatment Plant; 2. That it is the intent of this Council on behalf of the City of Roanoke, a lower riparian owner, to take whatever legal action is deemed necessary to prevent any damage or adverse consequences to the City's proposed Back Creek impoundment facility and to the City's Sewage Treatment Plant, and it is further the intent of the Council to seek recovery from responsible parties for any damage to the proposed Back Creek facility or to the Sewage Treatment Plant facility through appropriate legal action; 3. That the City Clerk is directed to forthwith transmit attested copies of this resolution by certified mail, return receipt requested, to the Clerk of the Roanoke County Board of Supervisors; the State Water Control Board at P. O. Box 11143, Richmond, Virginia 23230; the Virginia Marine Resources Commission, P. O. Box 756, 2401 West Avenue, Newport News, Virginia 23607; the Commonwealth of Virginia Department of Health, 109 Governor Street, Richmond, Virginia 23219; and the Corps of Engineers, P. O. Box 1890, Wilmington, North Carolina 28401. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1979. No. 24580. AN ORDINANCE granting a revocable license upon certain terms and conditions to the John C. Nordt Company, Incorporated, to have direct access for its aircraft to Taxiway 23 of the Roanoke Municipal Airport, Woodrum Field, from land adjacent to such Airport to be purchased by Nordt, and authorizing the Mayor and City Clerk to execute and attest, respectively, an agreement between the City, Nordt, and the First National Exchange Bank, concerning the construction of an access ramp and establishing the terms and conditions of the revocable license granted to Nordt, and an agreement between the City and Nordt granting the City a right of first refusal, upon certain terms and conditions, should Nordt ever desire to sell its property adjacent to such Airport. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the John C. Nordt Company, Incorporated, hereinafter Nordt, is hereby granted a non-exclusive and nonassignable license to have direct access for its aircraft to Taxiway 23 of the Roanoke Municipal Airport, Woodrum Field, from a portion of a parcel adjacent to such Airport and lying on the southeast side of such Airport bearing Roanoke City Official Tax No. 6630101; 2. That the aforementioned permit shall be revocable by the City for violation by Nordt of airport security and safety rules and regulations, change in design of such Airport which would require that the City's property on which the access ramp will be constructed must be put to some other use, adoption by the Federal Aviation Administration (FAA) of any rules which would prohibit use of the access ramp, or failure of Nordt to comply with FAA regulations to the satisfaction of the FAA; 3. That Nordt shall indemnify and save the City harmless from all loss, cost and expense reasonably incurred by the City as a result of negligence or intentional wrongdoing of Nordt; 305 4. That Nordt shall maintain general liability insurance naming the City as an additional insured in the amount of $1,000,000 with respect to occurrences on Nordt's property, and Nordt shall cause the City to be named as an additional insured on its aircraft liability insurance; 5. That the access ramp shall be constructed by the First National Exchange Bank, at no expense to the City, and that the City shall have no responsibility for maintaining or repairing such ramp; 6. That the City shall have a right of first refusal, upon certain terms and conditions, to purchase the Nordt property adjoining the Airport from Nordt should such Company ever desire to sell such property; 7. That the Mayor and the City Clerk are hereby authorized and directed, for and on behalf of the City of Roanoke, to execute and to seal and attest, respectively, an agreement entitled License to Construct, Use and Maintain Airport Access Ramp between the City, John C. Nordt Company, Incorporated, and the First National Exchange Bank, such agreement to contain the terms and conditions set forth in this ordinance and to be in form approved by the City Attorney, and an agreement entitled Right of First Refusal between the City and John C. Nordt Company, Incorporated, such agreement to be in form approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1979. No. 24586. 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 April 23, 1979, 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 as follows: 1. That the City Manager be and he is hereby authorized to enter into an agreement with Local No. 55, International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators, providing for the provision of certain services at the Civic Center by such independent contractor, providing for an increase of six and one-half per cent (6 1/2%) in the fees paid for such services, and providing for a term commencing on April 23, 1979, and continuing until terminated by agreement by the parties, and upon certain other terms and conditions, such agreement to be in form approved by the City Attorney; 2. 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 23rd day of April, 1979. No. 24587. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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. 306 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.E.T.A. Unobligated Title II, #7826 (1) .................. $ C.E.T.A. Unobligated Title VI, #7826 (2) .................. REVENUE 730,143.00 938,378.00 C.E.T.A. Titles II and VI, #7801 (3) ...................... 1,668,521.00 ..... $ 469,994.00 892,168.00 1,362,162.00 (1) Net increase (A35782625002) (2) Net increase (A35782625006) (3) Net increase (R35780101) 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 April, 1979. No. 24588. AN ORDINANCE providing for the purchase of one new rubber-tired front loader upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering such vehicle; rejecting certain 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 Baker Brothers, Inc., made to the City, offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, one new rubber-tired front loader fully meeting all of the City's specifications and requirements made therefor, at the total bid price of $35,952.60 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 therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this ordinance, the cost of such front loader, when delivered, to be paid out of funds heretofore or simultaneously appropriated for the purpose; 3. That, upon the City's acceptance of the aforesaid front loader, the Director of Finance shall be and he is hereby authorized and directed to make requisite payment to said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out; 4. That, the other bids received for such equipment be and are hereby REJECTED, the City Clerk to notify the unsuccessful bidders and extend 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. APPROVED ATTEST: City Clerk Mayor 307 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1979. No. 24590. AN ORDINANCE to amend and reordain certain sections of the 1978-79 General Fund, Water Fund, Sewage Treatment Fund, and Airport Fund Appropriation Ordinances, and providing for an emer- 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 1978-79 General Fund, Water Fund, Sewage Treatment Fund, and Airport Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Appropriations: City Manager #201 (1) .................................. $ Commissioner of Revenue #403 (2) ....................... Assessment of Real Estate #407 (3) ..................... Billings and Collections #409 (4) ...................... Board of Zoning Appeals #615 (5) ....................... Juvenile and Domestic Court #705 (6) ................... Clerk of Circuit Court #707 (7) ........................ Utilities and Operations #1201 (8) ..................... Engineering, Planning & Building #1248 (9) ............. Materials Control #1311 (10) ........................... 260,255.50 254,082.00 281,105.00 267,325.00 15,580.00 412,990.50 281,594.00 47,213.00 807,943.00 507,251.62 Police #1345 (11) ...................................... 3,111,246.00 Fire #1347 (12) ........................................ 3,592,155.74 Emergency Service #1351 (13) ........................... 48,508.00 Parks and Recreation #1375 (14) ........................ 566,981.64 Juvenile Detention Home #1527 (15) ..................... 256,620.00 Social Services #1537 (16) ............................. 5,199,103.40 Nursing Home #1539 (17) ................................ 494,870.00 Libraries #1585 (18) ................................... 689,711.00 Public Works #1601 (19) ................................ 204,230.00 Utility Line Facilities #1605 (20) ..................... 1,086,033.50 Street Maintenance #1658 (21) .......................... 2,142,996.65 Building Maintenance #1664 (22) ........................ 2,444,161.20 Grounds Maintenance #1666 (23) ......................... 1,121,338.50 Refuse Collection #1669 (24) ........................... 1,412,705.00 Motorized Vehicle Maintenance #1671 (25) ............... 1,468,568.78 Fringe Benefits #1810 (26, 27, 28) ..................... 4,693,656.86 Miscellaneous #1850 (29) ............................... 253,233.00 Transfers #1855 (30, 31, 32) ........................... 15,255,826.04 Revenue: Public Assistance (33) ................................. $4,803,686.00 WATER FUND Appropriations: General Operating #2002 (34, 35, 36) ................... $1,641,814.08 Water Pumping Station & Tanks #2010 (37) ............... 288,279.01 Water Purification #2015 (38) .......................... 338,917.59 SEWAGE TREATMENT FUND Appropriations: General Operating #2003 (39, 40, 41) ................... $3,390,499.49 AIRPORT FUND Appropriations: General Operating #2004 (42, 43, 44) ................... $1,045,421.96 (i) Net increase (A01020110002) (2) Net increase (A01040310002) (3) Net increase (A01040710002) (4) Net increase (A01040910002) (5) Net increase (A01061510002) (6) Net increase (A01070510002) (7) Net increase (A01070710002) (8) Net increase (A01120110002) (9) Net increase (A01124810002) (10) Net increase (A01131110002) (11) Net ~ncrease (A01134510002) (12) Net mncrease (A01134710002) (13) Net mncrease (A01135110002) $ 396.00 58O.OO 256.00 1,152.00 176.00 1,108.00 596.00 176.00 3,072.00 1,124.00 9,576.00 18,498.00 288.0O I! 308 (14) Net increase (A01137510002) (15) Net increase (A01152710002) (16) Net increase (A01153710002) (17) Net increase (A01153910002) (18) Net increase (A01158510002) (19) Net increase (A01160110002) (20) Net increase (A01160510002) (21) Net increase (A01165810002) (22) Net increase (A01166410002) (23) Net increase (A01166610002) (24) Net increase (A01166910002) (25) Net increase (A01167110002) (26) Net increase (A01191011005) (27) Net increase (A01181011010) (28) Net increase (A01181011020) (29) Net decrease (A01185081501) (30) Net increase (A01185587202) (31) Net increase (A01185587303) (32) Net increase (A01185587104) (33) Net increase (R01061901) (34) Net increase (A02200210002) (35) Net ~ncrease (A02200211005) (36) Net mncrease (A02200211010) (37) Net mncrease (A02201010002) (38) Net mncrease (A02201510002) (39) Net increase (A03200310002) (40) Net ~ncrease (A03200311005) (41) Net mncrease (A03200311010) (42) Net increase (A04200410002) (43) Net mncrease (A04200411005) (44) Net increase (A04200411010) $ 1,428.00 164.00 1,596.00 840.00 1,104.00 428.00 4,508.00 4,096.00 4,493.00 4,640.00 4,402.00 2,232.00 9,257.00 4,103.00 731.00 83,517.00 1,528.00 1,338.00 907.00 1,276.00 82.00 176.00 78.00 748.00 444.00 1,116.00 154.00 68.00 756.00 105.00 46.00 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 April, 1979. No. 24591. AN ORDINANCE providing for the acceptance of a certain bid and providing for the award of a contract for the repair, cleaning and painting of the interior and exterior of the City's Grandin Court Standpipe, Tank No. 2 and related work, rejecting certain other bids made to the City therefor, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Steel and Tank Service Company of Waxhaw, North Carolina for furnishin all labor, tools, equipment and materials necessary for the repair, cleaning and painting of the interior and exterior of the City's Grandin Court Standpipe, Tank No. 2 and related work for a lump sum of $17,900.00, as set out in the bid committee's report dated April 23, 1979, be, and is hereby ACCEPTED; that the City Manager be, and is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute a 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; and that the cost for this work shall be paid out of funds heretofore appropriatedby the Council for the purpose; 2. That the other bids received by the City for the performance of this work be, and are hereby REJECTED, and the City Clerk is directed to so notify the other bidders, and to express to each the City's appreciation of receipt of their respective bids; 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 309 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1979. No. 24593. A RESOLUTION requesting Roanoke County and the Roanoke County Public Service Authority, as their interests may dictate, to expeditiously advise the City of their interest, if any, in participating with the City in the construction of three sewer interceptors, Tinker Creek, Glade Creek and Ore Branch. WHEREAS, by Resolution No. 24413, adopted by this Council on November 20, 1978, the City of Roanoke requested Botetourt County, the City of Salem, the Town of Vinton and Roanoke County to advise the City whether or not such localities were interested in joining the City in construction of certain joint-use sewer interceptor projects (Tinker Creek, Glade Creek and Ore Branch); WHEREAS, the foregoing request to the City's neighboring jurisdictions was made pursuant to the 1972 Sewage Treatment Contract which requires any jurisdiction contemplating an interceptor project to notify the other signatory jurisdictions of such contemplated project and offer the opportunity to such jurisdictions to participate; WHEREAS, Botetourt County responded promptly to the City that it was interested in parti- cipating in the proposed project while the City of Salem and the Town of Vinton promptly declined to participate and Roanoke County provided no clear response; WHEREAS, the City of Roanoke must cause construction of these interceptors to commence in the immediate future to meet annexation mandates; WHEREAS, K. B. Kiser, Director of Utilities and Operations, by letter of March 21, 1979, to Botetourt County, Roanoke County and the Roanoke County Public Service Authority set forth an equitable cost allocation among the jurisdictions desiring to participate in these projects, premised on the logical assumption that each jurisdiction's cost should be proportionate to the sewage capacity requested by each jurisdiction in the lines to be constructed, and requested the foregoing jurisdictions to advise of their interests in participating in these interceptor construction projects; WHEREAS, Botetourt County has responded in a positive and timely fashion, but Roanoke County and the Roanoke County Public Service Authority have failed to respond or advise as to the status of their consideration of the City's request, in spite of the passage of more than one month; WHEREAS, the failure of Roanoke County and the Roanoke County Public Service Authority to respond to the City's reasonable request is not in the best interests of either jurisdiction inasmuch as it precludes desirable development in the County and complicates orderly planning for the City's sewer system; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke implores Roanoke County to show good faith in this matter which is of importance to the entire Roanoke Valley and respond by May 15, 1979; 2. That, if it is necessary for the City of Roanoke to proceed to construct these projects without the cooperation and participation of Roanoke County, it is the intention of the City to vigorously seek modification of the 208 Areawide Wastewater Plan of the Fifth Planning District and to construct such interceptors of a size appropriate to serve the needs of the City alone thereby complicating future development of the County; 3. That appreciation is extended to Botetourt County for its prompt responses and cooperat in the proposed interceptor project; and 4. That the City Clerk is directed to forward an attested copy of this resolution to the governing bodies of Botetourt County and Roanoke County and the Board of Directors of the Roanoke County Public Service Authority. APPROVED ATTEST: City Clerk Mayor .on 310 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1979. No. 24595. AN ORDINANCE amending and reordaining Rule 1, Regular Meetings, of Section 2, Rules of Procedure, of Chapter 4, The Council, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, relating to a time for termination of the regular night meetings; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Rule 1, Regular Meetings, of Section 2, Rules of Procedure, of Chapter 4, The Council, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, be and said Rule is hereby amended and reordained to provide as follows: Rule 1. Regular Meetings. The Council shall hold regular meetings on the first, second and fourth Mondays of each month, except that during the months of June, July and August, two regular meetings each month may be held if such be authorized by ordinance or resolution of the Council. When any regularly scheduled Monday meeting shall fall on a legal holiday of the City, such regular meeting shall be held on Tuesday next following. The second regular meeting each month shall commence at 7:30 p.m., and shall be auto- matically adjourned at ll:00 p.m., unless a motion setting a new time for adjournment be made, seconded and unanimously carried. All other regular meetings shall commence at 2:00 p.m. Except as otherwise provided by ordinance or resolution of Council, all regular meetings of the Council shall be held in the Council Chambers, Room 450, of the MuniciPal Building in the City. Nothing herein shall be construed to alter the time, date or place of the Council's organizational meeting pro- vided for in the City Charter. 2. That, in order to provide for the usual daily operation of the municipa! government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after May 7, 1979. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1979. No. 24596. A RESOLUTION authorizing the City Manager to make application to the Department of Housing and Urban Development for a certain Urban Development Action Grant to permit the construc- tion of parking facilities to accommodate substantial private office and hotel development in the Downtown Area of Roanoke, Virginia. BE IT RESOLVED by the Council of the City of Roanoke that H. B. Ewert, City Manager, or, in his absence, Sam H. McGhee, III, Assistant City Manager, be, and either is hereby authorized and directed to execute, for and on behalf of the City of Roanoke, a written pre-application for certain Federal assistance, namely, an Urban Development Action Grant from the Department of Housing and Urban Development in the amount of $7,420,000.00 to permit the construction of needed parking facilities to accommodate substantial private office and hotel development in the Downtown Area of Roanoke, Virginia. BE IT FURTHER RESOLVED by the Council of the City of Roanoke that the City Clerk shall forward one attested copy of this resolution to the Richmond, Virginia office of the United States Department of Housing and Urban Development. APPROVED ATTEST: City Clerk Mayor 31i IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1979. No. 24597. A RESOLUTION requesting the Commonwealth of Virginia, Department of Highways and Trans- portation to issue a change order to a certain construction contract with Wiley N. Jackson Company, relating to construction of the Southwest Expressway and the Ore Branch Sanitary Sewer Interceptor segment to be constructed therewith to provide for the installation of a portion of the Ore Branch Interceptor in a location different from that indicated on the original plans and agreeing to pay the additional net cost occasioned by this change. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Commonwealth of Virginia, Department of Highways and Transportation be requested to issue the requisite change order to a certain construction contract with Wiley N. Jackson Company relating to construction of the Southwest Expressway and the Ore Branch Sanitary Sewer Interceptor segment to be constructed therewith to provide for the installation of a portion of the Ore Branch Interceptor in a location different from that indicated on the original plans; 2. That the City does hereby agree to pay up to $32,432.10 estimated to be the additional net cost based on unit prices occasioned by this change and hereby concurs in the additional expenditure of up to $32,432.10 from the Ore Branch Interceptor Account No. A03240191001; 3. That the City Engineer be, and he is hereby authorized and directed to execute and to deliver to the appropriate party, Commonwealth of Virginia, Department of Highways and Transportation, Form C-lC, Work Order No. 5; and 4. That the City Manager be, and he is hereby authorized and directed to cause an attested copy of this resolution to be forwarded to the Commonwealth of Virginia, Department of Highways and Transportation. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1979. No. 24598. A RESOLUTION calling upon the Roanoke County Board of Supervisors to abate the nuisance created by the lighted athletic complex at Hidden Valley Intermediate School in the City of Roanoke. WHEREAS, Roanoke County has developed a lighted athletic complex at Hidden Valley Intermediate School immediately adjacent to Medmont Lake in the City of Roanoke without the consent or cooperation of the City; WHEREAS, high intensity lights at this facility have gone into use for the first time within the last several weeks resulting in many residents of Medmont Lake having their yards illuminated as if daylight until late hours of night, creating a hazard for motorists on Coral Ridge Road and exacerbating already existing problems of noise and pollution caused by the athletic complex; WHEREAS, Medmont Lake residents appeared before the Roanoke County School Board on April 8, 1976, and opposed the development of a lighted athletic complex in a quiet residential area by presenting a petition with copies to the Roanoke County Board of Supervisors signifying the opposition of more than seventy-five residents and neighbors; WHEREAS, the School Board agreed over vigorous opposition to permit the lighting of the athletic complex and promised the protestants that the noise level would be low, that the field would be used for baseball and softball only and that numerous trees would be planted to provide screening; however, all the foregoing promises have been breached; WHEREAS, this facility is not in keeping with the residential-character of the neighborhood and may constitute a violation of the City's Zoning and Public Nuisance Ordinances; 312 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Roanoke County Board of Supervisors is requested to cease and desist from continued maintenance and operation of this unreasonable nuisance in the City of Roanoke; 2. That the City Attorney is directed to consider petitioning the City's Board of Zoning Appeals to have the lighted athletic complex declared a prohibited use pursuant to Section 5.1 of Chapter 4.1 of Title XV of the Code of the City of Roanoke (1956), as amended, to consider applicability of the City's Public Nuisance Ordinance (Section 23 of Chapter 6 of Title XXIII) and to consider the feasibility of Council's adopting a new ordinance having specific application to this and similar undesirable uses; 3. That the City Manager is directed to assist the residents in obtaining abatement of this nuisance and to report to Council as he deems appropriate; and 4. That the City Clerk is directed to forward an attested copy of this resolution to the Roanoke County Board of Supervisors. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24585. AN ORDINANCE amending and reordaining Section 14, Charges for scientific treatment and disposal - Imposition, and Section 22, Connection of certain properties outside corporate limits; charges, of Article II, Sewage Disposal, of Chapter 7, Sewers and sewage disposal, of Title XVII, Streets, Sidewalks and Sewers, of the Code of the City of Roanoke (1956), as amended, to provide that sewer rates will be established by ordinance of Council, and establishing rates to be charged for sanitary sewer usage for service billed on and after June 1, 1979. WHEREAS, in order to provide revenue for the City's necessary operation, maintenance and improvement of its sanitary sewer system, it is incumbent upon this Council to make appropriate adjustments to the rate schedules for such service. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 14, Charges for scientific treatment and disposal - Imposition, of Article II, Sewage Disposal, Chapter 7, Sewers and sewage disposal of Title XVII, Streets, Sidewalks and Sewers, of the Code of the City of Roanoke (1956), as amended, be, and said section is, amended and reordained, effective June 1, 1979, to read and provide as follows: Section 14. Charges for scientific treatment and disposal - Imposition. The charges for same shall be as established, from time to time, by ordinance of the Council of this City. The several classes of users upon which charges are to be imposed are as follows: (a) Ail regular customers of water from the Water Department, based upon water consumed and shown on said customers' periodic water bills, less increased charges, if any, imposed for pumping; provided, however, that in lieu of the above, any customer may, at his sole expense, meter his sewage, after receiving written approval of the City Manager of the method of metering device to be used. (b) All consumers of unmetered water from individual or independent water companies, based upon water consumed as the same would have been shown on said customers' peri- odic water bill had such bill been calculated and rendered by the City Water Department. (c) Ail regular consumers of metered water from indi- viduals or independent water companies, based upon water consumed as the same would have been shown on said customers' periodic water bill had such bill been calculated and rend- ered by the Water Department. (d) Ail persons whose source of water is from any well or other supply not furnished in the manner stated in paragraphs (a), (b) or (c) of this section, based upon water consumed as the same would have been shown on said customers' periodic water bill had such bill been calcu- lated and rendered by the Water Department. (e) Ail persons whose source of water for a single establishment or enterprise is furnished from two or more of the sources mentioned in paragraphs (a), (b), (c) and (d) of this section, based upon water consumed as the same would have been shown on said customers' periodic water bill had such bill been calculated and rendered by the Water Department. Except as contemplated in paragraph (a) and/or (e) of this section, the charges hereby imposed shall be computed on'each water connection or service. 2. That Section 22, Connection of certain properties outside corporate limits; charges, of Article II, Sewage Disposal, Chapter 7, Sewers and sewage disposal, of Title XVII, Streets~ Sidewalks and Sewers, of the Code of the City of Roanoke (1956), as amended, be, and said section is, amended and reordained, effective June 1, 1979, to read and provide as follows: Section 22. Connection of certain properties outside corporate limits; charges. The City Manager is hereby authorized, upon proper application therefor in writing, to enter into written contracts with the owners or occupants of properties located outside the corporate limits, not within areas at the time served with sewage treatment services by the City under any existing contract with Roanoke County, providing for the City's transmission and treatment of said owner's or occupant's sewage or other wastes, such contracts to be upon a standard form of contract to be prepared and approved by the City Attorney. (a) A connection charge of two hundred dollars shall be provided for in said contract and paid for each unit connection. (b) The rate for transporting and treating sewage or wastes shall be based upon water consumption to be determined as set forth in Section 14 of this chapter; provided, however, any applicant may, at his or its sole expense meter such sewage after receiving written approval from the City Manager of the method and metering device to be used. (c) The charges for such transportation and treatment shall be as established, from time to time, by ordinance of the Council of this City. (d) The connection charge for places of business, industrial operations, manufacturing companies and all other applicants for such service, other than domestic users, shall be fixed by the City Manager. (e) The sewage transmission and treatment service to be rendered by the City may be discontinued with or without notice upon nonpayment of any charge due to be paid the City for such service and that in the event of such discontinuance of service for nonpayment of a charge or charges, or in the event of a reconnection of any prior service, discontinued by agreement, a restoration and reconnection charge of ten dollars shall be made by the City and paid by such applicant. (f) The monthly sewage transmission and treatment charge shall, in all cases, commence as of the date of actual connection to the City's public sewer system and, except for such connections as may heretofore have been made, the connection charge hereinabove provided shall be paid prior to the making of such connection. (g) Any contract'entered into under this section shall be terminable by the applicant at any time upon payment of all charges theretofore accrued against said applicant and that any such contract may be terminated by the City at any time upon sixty days' prior notice to such applicant or occupant of the City's intention so to terminate. 3. That, for sewage bills rendered on and after June 1, 1979, there is hereby imposed by the City upon the several classes of users as defined in Chapter 7.1 of Title XVII of the Code of the City of Roanoke (1956), as amended, discharging water, sewage or other effluence into the City's sanitary sewer system through facilities owned or controlled by them, or permitting others so to do, for the scientific treatment and disposal of such sewage, the following charges: Class I User Charges: Class II User Surcharge: Flow BOD SS p TKN $ 0.59/100 cu. ft. $ 0.065/1,000 gal. $ 26.30/1,000 lbs. $ 20.87/1,000 lbs. $ 190.11/1,000 lbs. $ 223.74/1,000 lbs. 3. Class III, Industrial Capital Recovery Charges. Group A: Flow = BOD = SS = p = TKN = $ 0.023/1,000 gal. $ 7.88/1,000 lbs. $ 7.53/1,000 lbs. $ 31.44/1,000 lbs. $ 87.21/1,000 lbs. Group B: Based on flow only $ 0.054/1,000 cu. ft. provided, however, the City Manager may from time to time cause Class III charges to be prorated. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24589. AN ORDINANCE providing for the lease of certain City farm land located at Coyner Springs in Botetourt County, Virginia to James B. Ballard, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of James B. Ballard to lease from the City 10.70 acres of cleared farm land near Coyner Springs in Botetourt County, Virginia, described on Plan No. 5382 dated March 21, 1973, revised April 20, 1977 and April 20, 1979, by the Office of the City Engineer, for a three year term beginning April 20, 1979, at a rental of $100.00 for the term, payable in advance and not subject to proration, be and said offer is hereby ACCEPTED; and 2. That the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to execute a written lease of the land to James B. Ballard containing the terms and conditions set out above, requiring him to be responsible for the maintenance and upkeep of the land during the term and limiting the use of the land to growing corn and to ancillary activities, said lease to be upon such form as is approved by the City Attorney and to contain the following provisions for termination and renewal: That should either party desire to terminate the lease, a thirty (30) day written notice shall be given to the other party; provided, that should James B. Ballard have planted an unharvested crop, the City shall give four (4) months written notice of termination to him; and that this lease may be renewed upon its termination for another period of three (3) years by mutual agreement between the City and James B. Ballard. APPROVED ATTEST: City Clerk Mayor 3..1__5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24592. AN ORDINANCE providing for the acceptance of the offer of Roanoke Hospital Association to purchase from the City approximately 2 acres from the Muse Spring Tract fronting on Mount Pleasant Road, S. E., 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 recommendations of the Water Resources Committee dated April 23, 1979 and the accompanying staff report dated April 17, 1979 that the City sell certain real estate located at Muse Spring to Roanoke Hospital Association; 2. That the offer of Roanoke Hospital Association, set forth in contract dated March 5, 1979, to purchase from the City approximately 2 acres from the Muse Springs Tract fronting on Mount Pleasant Road, S. E., for $57,600.00 cash, or $28,800.00 cash per acre prorated if necessary according to acreage shown on proposed survey, is ACCEPTED, subject to the terms and conditions set out in the contract dated March 5, 1979, and to the following additional restriction to be set out in the contract and in the deed of conveyance: The City will have complete site plan approval which will as a minimum require site landscaping, access and egress locations and buffering between the parcel sold and the remaining City property at Muse Spring. 3. That the City Manager is authorized and directed to sign and deliver to Roanoke Hospital Association, on behalf of the City, the contract dated March 5, 1979, and 4. That, if all the terms and conditions set out in the contract are fulfilled, the Mayor and the City Clerk are empowered to execute, seal and attest, on behalf of the City, the deed of conveyance of the fee simple title to the real estate described in the contract, said deed to be prepared by the City Attorney and to contain the City's Special Warranty of title; and the City Attorney is authorized to tender to Roanoke Hospital Association, or their agent, the City's deed to the real estate, upon the payment to the City of the sale price. APPROVED ATTEST: City'Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24594. AN ORDINANCE designating and fixing the name Tomi Lane, S.E., to a certain street in the southeast quadrant of the City. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That that public street in the southeast quadrant of the City formerly identified as the 1300 block of Tompkins Avenue, S. E., be and is hereby designated and named Tomi Lane, S. E., in accordance with a request of the City Planning Commission contained in a report to Council dated April 23, 1979; 2. That the City Engineer be, and he is hereby directed to cause the above street name to be noted appropriately 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 street name signs on said street; and that the City Clerk transmit to the Postmaster six (6) attested copies of this ordinance, in order that said Postmaster be apprised of the aforesaid street name. APPROVED ATTEST: City Clerk Mayor 316 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24599. AN ORDINANCE to amend and reordain certain sections of the 1978-79 General Fund Appropria- tions Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 General Fund Appropriations Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Electoral Board #620 (1,2,3) ........................ $114,532.00 Contingencies #1880 (4) ............................. 913,495.97 (1) Net increase (A01062010003) (2) Net increase (A01062010005) (3) Net increase (A01062020010) (4) Net decrease (A01188072006) ..... $ 400.00 400.00 8,000.00 8,800.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24600. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.D.B.G. #6803 (1,2) ................................ $2,569,000.00 (1) Net decrease (A35680396001) (2) Net increase (A35680395080) $10,000.00 10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 3_-1.7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24601. AN ORDINANCE authorizing the City Manager to enter a contract with Moore, Grover & Harper, PC, Architects and Planners, of Essex, Connecticut, to provide landscape and architectural design services and overall design coordination and to advise the City on the appropriateness of various proposals for private development in the Downtown area 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 the City Manager and the City Clerk shall be authorized to execute and attest, respectively, an agreement with Moore, Grover & Harper, PC, Architects and Planners, of Essex, Connecticut, for the provision by such firm of landscape and architectural design services and overall design coordination and advice to the City on the appropriateness of various proposals for private development in the Downtown area of the City of Roanoke; 2. That the City Manager and the City Clerk shall be authorized to execute and attest, respectively, addenda to the basic retainer agreement hereinabove authorized, such addenda to enumerate the specific services to be performed by such firm for specific projects and the particu- lars relating to such projects; 3. That the maximum compensation to Moore, Grover & Harper, PC, under the basic contract and addenda thereto shall not exceed $10,000.00; 4. That the form of the contract with Moore, Grover & Harper, PC, and any addenda to such contract shall be approved by the City Attorney; 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 7th day of May, 1979. No. 24602. AN ORDINANCE to amend and reordain certain sections of the 1978-79 Capital Projects Fund Appropriations Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 Capital Projects Fund Appropriations Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Capital Improvement Reserve #6001 (1) ................. $3,578,000.00 Nursing Home - Air Conditioning #5015 (2) ............. 150,000.00 (1) Net decrease (A08600172501) (2) Net increase (A08501590001) $150,000.00 150,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 318 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24603. A RESOLUTION authorizing the filing of a revi.sed application with the United States Department of Housing and Urban Development (HUD) for a current grant of Federal funds to permit implementing, continuing and carrying out a Community Development Block Grant Program. WHEREAS, by Resolution No. 24549, adopted March 12, 1979, this Council authorized the City Manager to file with the Department of Housing and Urban Development an application for a new grant of $2,316,000 of Federal funds under the Housing and Community Development Act of 1974, Public Law 98-383, to aid in financing certain community development block grant programs, and said application subsequently was filed on April 13, 1979; and WHEREAS, by letter dated April 24, 1979, the Area Manager of HUD advised the City that the amount for which it was entitled to apply had decreased by the sum of $8,000 to the amount of $2,308,000; and WHEREAS, the $8,000 decrease in grant funds will not adversely affect any proposed community development block grant programs, as explained in the City Manager's report of May 7, 1979; 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 a revised application for a new grant in the amount of $2,308,000 of Federal funds under Public Law 983-383 to aid in financing certain community development block grant programs for the fifth year, to be as set out in Federal forms prepared for the purposes of such application; and, in making such revised 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 revised application, and is directed to provide such additional information as may be required. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24604. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reor- dained to read as follows, in part: APPROPRIATIONS Legal Interns #7490 (1) .............................. $1,957.04 REVENUE Legal Interns #7490 (2, 3) ........................... 1,957.04 (1) Net increase (A35749010002) (2) Net increase (R35749025) (3) Net increase (R35749031) $1,957.04 1,844.00 113.04 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED 3J. 9 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24605. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds for employment of two law student interns in the Commonwealth's Attorney's Office during the summer of 1979. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That H. B. Ewert, City Manager, be and he is hereby authorized to accept, execute and file the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for Action Grant No. 77-A4390 for Federal funds in the amount of $1,844.00, through said Division, to be used along with certain other local cash contributions, to aid in continuation of a law intern program in the City, estimated to cost $1,957.04; and 2. That the City Manager is further directed to furnish such additional information as may be required by the Division of Justice and Crime Prevention in connection with the City's acceptance of the grant or with the project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24606. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 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 #7459 (1) ................... $78,099.00 REVENUE T.A.P. Wilderness Challenge #7459 (2) ................... 78,099.00 (1) Net increase (A35745920010) (2) Net increase (R35745921) $78,099.00 78,099.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 32O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24607. A RESOLUTION authorizing the acceptance of Law Enforcement Grant No. 79-A4807J 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 establishing 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. 79-A4807J in the total amount of $78,099.0~ consisting of $78,099.00 from DJCP Block Funds, for the purpose of establishing a wilderness program for Roanoke Valley youths; 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. 79-A4807J; 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 7th day of May, 1979. No. 24608. AN ORDINANCE to amend and reordain certain sections of the 1978-79 General Fund Appropriations Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 General Fund Appropriations Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Parks and Recreation #1375 (1) ....................... $616,981.64 Contingencies #1880 (2) .............................. 926,795.97 (1) Net increase (A01137521010) ..... $50'000.00 (2) Net decrease (A01188072009) ..... 50,000.00 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 7th day of May, 1979. No. 24609. AN ORDINANCE authorizing the issuance of Change Order No. 4, providing for a 40-day time extension to the City's contract with Acorn Construction Company, Ltd., of Roanoke, Virginia, dated June 26, 1978, for replacement of aeration equipment in two old aeration basins with plate-type diffusers and new piping at the Sewage Treatment Plant, 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 be and is hereby authorized and directed to issue and execute Change Order No. 4, to the City's contract dated June 26, 1978, with Acorn Construction Company, Ltd., for replacement of aeration equipment in two old aeration basins with plate-type diffusers and new piping at the Sewage Treatment Plant, which said change order shall provide for a 40-day extension of time to complete the work for the reasons set out in the City Manager's report dated May 7, 1979, a copy of which is on file in the Office of the City Clerk, said change order not to result in any additional cost to the City; and 2. 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 ROAi~OKE, VIRGINIA, The 7th day of May, 1979. No. 24610. AN ORDINANCE to amend and reordain certain sections of the 1978-79 General Fund Appropriations Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 General Fund Appropriations Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Parks & Recreation #1375 (1) ..................... $621,481.64 Contingencies #1880 (2) .......................... 922,295.97 (1) Net increase (A01137510008) ..... $4,500.00 (2) Net decrease (A01188072006) 4,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 322 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24611. AN ORDINANCE to amend and reordain certain sections of the 1978-79 Sewage Treatment Fund Appropriations Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 Sewage Treatment Fund Appropriations Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS General Operating Expenses #2003 Diesel Fuel (1) ........................................ $322,785.00 All Other (2) .......................................... 464,827.81 (1) Net decrease (A03200321027) (2) Net increase (A03200330050) $50,000.00 50,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24612. A RESOLUTION confirming the City Manager's appointment of Thomas F. Brady, as Director of Public Works, in the administrative service of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that the said Council, pursuant to Section 7 of the City Charter, doth hereby confirm the City Manager's appointment of Thomas F. Brady as Director of Public Works, effective July 10, 1979, in the administrative service of the City of Roanoke, as said appointment was duly reported to the Council by the City Manager at the Council Meeting held on May 7, 1979. APPROVED ATTEST: City Clerk Mayor 3 2,3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24613. AN ORDINANCE authorizing the Civic Center Manager, on behalf of the City of Roanoke, to enter into an agreement evidenced by a written document dated April 27, 1979 with Ringling Bros.- Barnum & Bailey Combined Shows, Inc. and letter dated April 26, 1979 from Franklin R. Roach for the production of the Monte Carlo Festival International du Cirque Spectacular from 7:00 A.M., May 28, 1979 through 3:00 A.M., May 31, 1979, 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, upon its approval as to form by the City Attorney, the Civic Center Manager is authorized to execute and deliver on behalf of the City the permit agreement dated April 27, 1979 between the City of Roanoke and Ringling Bros.-Barnum & Bailey Combined Shows, Inc. for the production of the Monte Carlo Festival International du Cirque Spectacular from 7:00 A.M., May 28, 1979 through 3:00 A.M., May 31, 1979; 2. That, upon its approval as to form by the City Attorney, the Civic Center Manager is authorized to sign and return a letter dated April 26, 1979 from Franklin R. Roach, Assistant Director of Routing and Tours for Monte Carlo Festival International du Cirque Spectacular containing a collateral agreement with respect to ticket sales for the above production; 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 7th day of May, 1979. No. 24614. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Outreach Detention #7413 (1,2,3,4,5,6,7,8,9,10,11) ......... $66,413.93 REVENUE Outreach Detention #7413 (12,13) ........................... 66,413.93 (1) Net decrease (A35741310002) (2) Net decrease (A35741310005) (3) Net decrease (A35741310025) (4) Net decrease (A35741321005) (5) Net decrease (A35741323005) (6) Net decrease (A35741323010) (7) Net decrease (A35741323015) (8) Net decrease (A35741330005) (9) Net decrease (A35741330010) (10) Net decrease (A35741330050) (11) Net increase (A35741353801) (12) Net decrease (R35741321) (13) Net decrease (R35741325) 2.90 4,905.00 3,351.01 65.20 166.89 83.00 4,358.46 252.50 75.00 6,893.81 2,572.70 1,307.00 16,274.07 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 324 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24615. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Home Health Care #6207 (1,2,3,4,5) ......................... $50,685.76 REVENUE Home Health Care #6207 (6) ................................. 50,685.76 (1) Net decrease (A35620710002) (2) Net decrease (A35620720010) (3) Net decrease (A35620723005) (4) Net decrease (A35620723010) (5) Net decrease (A35620723015) (6) Net decrease (R35620725) $4,830.48 23.00 284.55 57.41 138.80 5,334.24 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 May, 1979. No. 24616. AN ORDINANCE to amend and reordain certain sections of the 1978-79 General Fund Appropriations Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 General Fund Appropriations Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS City Manager #201 (1) ................................. $ 284,255.49 Fringe Benefits #1810 (2,3) ........................... 4,669,656.86 (1) Net increase (A01020120010) (2) Net decrease (A01181011015) (3) Net decrease (A01181011020) ...... $24,000.00 14,000.00 10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 325 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24617. AN ORDINANCE to amend and reordain Section 8.1, Board of Equalization of Real Estate Assessments, of Chapter 9, Annual Assessment of Real Property for Taxation, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, deleting the requirement that the members of the Board of Equalization shall be appointed during the month of August of each year and providing instead that such members shall be appointed no later than September first of each year; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 8.1, Board of Equalization of Real Estate Assessments, of Chapter 9, Annual Assessment of Real Property for Taxation, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, be and said section is hereby amended and reordained so as to read and provide as follows: Section 8.1. Board of Equalization of Real Estate Assess- men t s. 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 no later than September first of each calendar 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 October 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. 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 7th day of May, 1979. No. 24618. AN ORDINANCE providing for the acceptance of a certain bid and the award of a contract to Mason H. Littreal Electrical Contractors, Inc. for the installation of new lighting under the Norfolk & Western Railway Company bridges at Shaffers Crossing, rejecting certain other bids made to the City therefor, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Mason H. Littreal Electrical Contractors, Inc.' for furnishing all labor, tools, equipment and materials necessary for the installation of new lighting under the Norfolk & Western Railway Company bridges at Shaffers Crossing, for a lump sum of $19,750.00, as set out in the bid committee's report dated May 7, 1979, be, and is hereby ACCEPTED; that the City Manager be, and is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute a 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; and that the cost for this work shall be paid out of funds appropriated for this purpose; 2. That the other bids received by the City for the performance of this work be, and are hereby REJECTED, and the City Clerk is directed to so notify the other bidders, and to express to each the City's appreciation of receipt of their respective bids; and 32G 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. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24619. AN ORDINANCE providing for the acceptance of a certain bid and the award of a contract to Cates Building Specialties for the installation of roll-up grilles for the Entrance and Exits A and B of the Municipal Parking Garage, rejecting certain other bids made to the City therefor, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Cates Building Specialties for furnishing all labor, tools, equipment and materials necessary for the installation of roll-up grilles for the Entrance and Exits A and B of the Municipal Parking Garage, for a lump sum of $16,475.00, as set out in the bid committee's report dated May 7, 1979, be, and is hereby ACCEPTED; that the City Manager be, and is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute a 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; and that the cost for this work shall be paid out of the Municipal Parking Garage Capital Account No. A08500490065; 2. That the other bids received by the City for the performance of this work be, and are hereby REJECTED, and the City Clerk is directed to so notify the other bidders, and to express to each the City's appreciation of receipt of their respective bids; 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. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24621. A RESOLUTION recognizing the services of the Roanoke Valley Bicentennial Commission, Inc., a non-stock, non-profit corporation, and expressing the City's appreciation to the Commission for its services. WHEREAS, by Resolution No. 21525, dated May 13, 1974, this Council concurred in the members of the City of Roanoke Bicentennial Commission participating in the formation of a non- stock, non-profit corporation, under the laws of the Commonwealth of Virginia, known as the Roanoke Valley Bicentennial Commission, Inc.; WHEREAS, such Commission, with members representing all of the governments and citizenry of the Roanoke Valley, planned and coordinated a magnificent celebration of the Nation's 200th Anniversary of Independence, and many of the activities of this Commission, such as restoration of the Snow Pump, interment of the time capsule in the Wildflower Garden on Mill Mountain and the production of commemorative coins, will have lasting effect; 327 WHEREAS, this Commission has only recently disbanded, and this Council deems it appropriate that it should take special note of the vast amount of planning, cooperation and effort which was voluntarily offered and put forth by the officers and members of such commission and all those other organizations and persons who contributed to the successes of the Commission. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council adopts this means of recognizing the outstanding services rendered to the entire Roanoke Valley by the Roanoke Valley Bicentennial Commission, Inc.; 2. That this Council extends its deep appreciation to the members of the Commission who were William B. Poff, Chairman, William S. Board, Vice-Chairman, M. Carl Andrews, Marvin H. Boley, Mrs. Norris Coleman, William K. Craft, James N. Kincanon, Dr. Warren L. Moorman, George Nester, James E. Peters, E. Deal Tompkins and James P. Woods, and to those persons appointed by the Commission to serve the Commission who were Mrs. Helen M. Schmehl, Executive Director, Joseph B. Wright, Treasurer, and Mrs. Ramona Shank, Secretary; 3. That Council also extends its sincere appreciation to the countless other persons and organizations who served the Commission and contributed immensely to the success of the Bicentennial Celebration in the Roanoke Valley; and 4. That the City Clerk be directed to transmit attested copies of this resolution to the aforementioned persons. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1979. No. 24622. A RESOLUTION establishing a Courts Facility Advisory Committee, enumerating the objectives and duties and responsibilities of such Committee and providing for its membership. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That there is hereby established a Courts Facility Advisory Committee to have the ultimate objective of insuring that that the proposed new courthouse facility for the City of Roanoke shall be an efficient facility which will meet the needs of the users of the facility and the general public at the lowest possible cost to the public; 2. That the duties and responsibilities of such Committee shall be advising the architect~ and engineers with respect to the needs of the users of the proposed courthouse facility and responding to inquiries concerning procedures in the various courts and offices to use the facility where such procedures should be taken into consideration in design, reviewing the plans and programs for such facility and making comments and suggestions as necessary on such plans and programs, following the construction of such facility and, upon request, providing comments and suggestions to the City administration and the architects and engineers, addressing matters referred to the Committee by City Council and reporting to City Council as necessary; 3. That the members of the Courts Facility Advisory Committee shall be Lucian Y. Grove and William S. Hubard, who shall serve in their capacity as members of the Roanoke City Council, and the following ex-officio members: the Chief Judge of the Circuit Court of the City of Roanoke or his designee, the Chief Judge of the General District Court of the City of Roanoke or his designee, the Chief Judge of the Juvenile and Domestic Relations District Court of the City of Roanoke or his designee, the City Manager or his designee, the Clerk of the Circuit Court of the City of Roanoke, the Clerk of the General District Court of the City of Roanoke, the Clerk of the Juvenile and Domestic Relations District Court of the City of Roanoke, the President of the Roanoke Bar Association or his designee, the Commonwealth's Attorney, the Public Defender, the Roanoke City Sheriff, the Librarian of the Roanoke Law Library and the Social Services Planner of the Directorate of Human Resources of the City of Roanoke; 4. That the Committee shall be abolished upon acceptance of the courthouse facility by the City and completion of the move to such facility by the various courts and other offices to occupy such facility. APPROVED ATTEST: City Clerk Mayor 328 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1979. No. 24620. AN ORDINANCE amending the Airport Use Agreement dated April 1, 1978 between the City and Piedmont Aviation, Incorporated to add 592.76 square feet formerly occupied by Eastern Airlines to the terminal space under lease, 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 Airport Advisory Commission dated April 17, 1979 and approves and authorizes the amendment of the Airport Use Agreement dated April 1, 1978 (the Agreement) between the City and Piedmont Aviation, Incorporated to add 592.76 square feet formerly occupied by Eastern Airlines to the terminal space under lease at a rental of $6.06 per square foot per annum; 2. That this Council approves amendment of the Agreement in the following respects: (a) To Part B, numbered paragraph 1, the following subparagraph is added after subparagraph (f): (g) 592.76 square feet of floor space in the Terminal Building as shown on Sketch #2A, attached hereto. (b) To Part B, numbered paragraph 2, the following subpargraph is added after subparagraph (f): (g) For the 592.76 square feet of floor space in the Terminal Building as shown on Sketch #2A, $6.06 per square foot per annum. (c) To Part B, numbered paragraph 4, after the letter and symbols "(c)" and before the word "of" in the second line of that paragraph, is added the letters and symbols "and (g)." (c~) In all other respects, the Agreement is amended mutatis mutandis in light of the above specific amendments. 3. That the City Manager is authorized and directed to execute and deliver a written amendment to the Agreement containing the terms and conditions set out above, said document 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 14th day of May, 1979. No. 24627. A RESOLUTION authorizing the City Manager to apply to the appropriate Federal agencies for an expansion of the boundaries of the City's Economic Development Administration (EDA) Impact Area. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to apply to the appropriate Federal agencies for an expansion of the boundaries of the City's Economic Development Administration (EDA) Impact Area, in order to make eligible for EDA funding certain projects proposed as part of the downtown revitalization, as further described in a report of the City Manager to the City Council dated May 14, 1979. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1979. No. 24628. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 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 Contingencies #1880 (1) ............................... $ 882,316.03 Transfers #1855 (2) ................................... 15,265,826.04 CAPITAL PROJECTS FUND APPROPRIATIONS Traffic Signals #4601 (3) ............................. 227,768.28 (1) Net decrease (A01188072006) (2) Net increase (A01185587508) (3) Net increase (A08460190001) -$10,000.00 10,000.00 lO,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 May, 1979. No. 24631. AN ORDINANCE authorizing the City Manager to enter a contract with the Roanoke Valley Society for the Prevention of Cruelty to Animals providing for the Society's operation and main- tenance of an impoundment facility for animals delivered to the facility by City animal control officers and providing further for proper care and disposition of such animals by the Society; 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 Roanoke Valley Society for the Prevention of Cruelty to Animals for the provision by such Society of an impoundment facility for animals delivered to such City by the City's animal control officers and providing further for the care of all animals delivered to such facility by any police officer or other animal control officer of the City; 2. That the City shall pay to the Society $875.00 per month less City fees for dumpster pick-up, and the term of the contract shall commence upon execution of such contract by the City Manager and shall terminate upon written notice of either party given sixty (60) days in advance of the proposed termination date; 3. That the form of the contract with the Society 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 329 330 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1979. No. 24632. AN ORDINANCE accepting a certain proposal and authorizing the employment of engineering services to prepare a report with respect to the remodeling of the Civic Center complex and to receive bids, let contracts and supervise the remodeling 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 SFS Interiors (Sherertz, Franklin and Shaffner) to prepare a report for the remodeling of the Civic Center complex, including proposed architectural and decorating innovations, as more particularly described in a report of the City Manager to City Council dated May 14, 1979, for a fee of $5,500.00, is hereby ACCEPTED; 2. That the proposal of SFS Interiors (Sherertz, Franklin and Shaffner) to prepare, for a fee of $9,950.00, the requisite contract documents, receive bids for, implement and supervise certain remodeling work in the Exhibition Hall and Auditorium, all after review and approval by the City, which remodeling work shall be completed by September 15, 1979, at an estimated cost of $100,000.00, is hereby ACCEPTED; 3. That the City Manager and the City Clerk shall be authorized and directed, on behalf of the City, to execute, seal and attest, respectively, a contract with SFS Interiors (Sherertz, Franklin and Shaffner) upon such form approved by the City Attorney; 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 14th day of May, 1979. No. 24633. AN ORDINANCE providing for the repeal of Chapter 16, Noxious Weeds, and the enactment of new Chapter 16.1, Weed and Trash Abatement, of Title XIII, of the Code of the City of Roanoke (1956), as amended, providing that certain weeds and trash shall constitute a public nuisance, requiring abatement of such nuisances by responsible parties, establishing a procedure for abatement where responsible parties refuse to comply with provisions of law and establishing due process procedures for such persons, providing a method for the City to be reimbursed for its expenditures, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Chapter 16, Noxious Weeds, of Title XIII, Health, of the Code of the City of Roanoke (1956), as amended, is hereby REPEALED; 2. That Title XIII, Health, of the Code of the City of Roanoke (1956), as amended, is hereby amended by the addition of a new Chapter 16.1, Weed and Trash Abatement, to read and provide as follows: CHAPTER 16.1. WEED AND TRASH ABATEMENT Section 1. Definitions. (a) Abatement cost means the City's cost of labor, equipment and supplies for, or the contract price of, and any charges to the City with respect to, its removal and disposal of weeds or trash from a parcel. (b) City Manager means the City Manager or his designee. (c) Public nuisance means a state of facts requiring governmental action for the establishment and maintenance of public health, safety, order and convenience. 331 (d) Owner means any person shown by any public record maintained by any circuit court, general district court, treasurer, commissioner of revenue or city clerk to have an interest in real estate lying in the City of Roanoke, Virginia as of the date of the abatement of public nuisance under this ordinance or any successor in title taking with actual or constructive notice of the existence of a public nuisance. (e) Parcel means any real estate (and any interest therein) lying in the City of Roanoke, Virginia identified by a Roanoke City Official Tax Number, except any parcel lying in an AG-Agricultural District as defined elsewhere in this code. (f) Trash means abandoned personal property, garbage, refuse or debris openly lying on any parcel, which might endanger the health of other residents of the city. (g) Weed or weeds means any plant, grass or other vegetation over 35 centimeters (13.65 inches, 1.1375 feet) high, other than trees, shrubbery and agricultural plants. Section 2. Weeds and trash declared a public nuisance. Weeds growing between May 1 and October 1 and trash lying on any parcel shall constitute a public nuisance; it shall be unlawful to cause or allow a public nuisance with respect to any parcel. An owner shall abate any public nuisance with respect to his parcel. Section 3. Notice of removal of weeds; pre-abatement hearing. Notwithstanding the criminal sanctions provided for elsewhere in this code, and in addition to them, whenever the City Manager determines that a public nuisance exists with respect to any parcel, he may mail by certified mail to its owner at the latter's address as determined from public records written notice that there exists a public nuisance with respect to the parcel and that such public nuisance shall be abated within fourteen days following the mailing. In case the owner's address is unknown, the City Manager may post the notice on that owner's parcel and the posting shall be accomplished at least fourteen (14) days prior to abatement of a public nuisance with respect to that parcel. The notice shall also provide that if the public nuisance is not abated, the city will do so and charge to the owner the cost thereof, together with a service charge, penalty and interest authorized by this ordinance. The notice shall advise the owner and it is hereby ordained that if he objects to the proposed action of the City, at a time and place indicated on the notice, he may present to the City Manager his objection, provided that within seven days from the date of mailing or posting of the notice, the owner shall complete and return to the City Manager a portion of the notice, providing a space for his name, address and a statement of his objection. At the hearing, the City Manager shall hear and investigate any objection that may be raised and take such action in response as may be reasonable. Section 4. Abatement of public nuisance. If the owner fails to abate the public nuisance as required, and if the City Manager after the hearing described above, if requested, deems it necessary to protect the public health, safety, order or convenience, he may direct in writing that city forces abate such public nuisance; or, the City Manager may contract for this abatement on behalf of the city with a private contractor. Any owner may abate the public nuisance himself without liability to the city, provided that he do so prior to commencement of abatement by city personnel or contractors. Section 5. Accounting for abatement costs. The City Manager shall keep an account of the cost of abating public nuisances and embody such account in periodic reports with assessment lists which shall be transmitted to the City Clerk and the Chief of Billings and Collections at convenient intervals. The copy retained by the City Clerk shall be available for public inspection. The reports shall refer to each parcel as to which public nuisance was abated by description sufficient to identify the parcel, and specify the following additional charges for each such parcel, hereby ordained, proposed to be assessed against each owner: a service charge of thirty percent (30%) of the abatement cost; a penalty of ten percent (10%) of the sum of the abatement cost and service charge. 332 Section 6. Notice to owner of hearing on abatement costs. Upon completion of the reports and assessment lists, the City Manager shall hold a hearing or a series of hearings at convenient intervals for the purpose of hearing objections to and comments upon the reports and proposed assessments, of correcting any mistakes or inaccuracies in these documents and of confirming the same. Not less than fourteen (14) days prior to the hearing, the City Clerk shall post a copy of such reports and assessment lists at the front door of the city courthouse, with a notice of the time and place the City Manager will conduct the hearing on the reports and assessment lists, and the City Manager shall send by certified mail to each owner at his address as determined from public records a notice of the time, place and subject matter of the hearing. The notice shall advise the owner of his right to object to, be heard upon, and to contest the confirmation of the report and assessment. The notice shall further provide, and it is hereby ordained that, upon the confirmation by the City Manager of the reports of the abatement cost, service charge and penalty they shall consti- tute special assessments against the owner and the parcel, a personal obligation of the owner and a lien upon the owner's parcel from the date and time of the recordation of a notice of lien, and from the date of such confirmation, until paid, bear interest at the legal rate. There shall be included with the notice a statement to the owner of the abatement cost, service charge and penalty. The statement shall inform the owner that if he pays the fees and charges prior to the confirmation of the reports and assessment lists, the City will forgive the penalty assessment. Section 7. Post-abatement hearing. At the hearing, the City Manager shall hear any objections which may be raised by any owner liable to be assessed, confirm, modify or reject the reports and assessment lists as he may deem necessary, and send those confirmed to the Chief of Billings and Collections for collection of the respective special assessments. With respect to all such accounts remaining unpaid fourteen (14) days after the confirmation of the reports and assessment lists, the City Manager shall cause a notice of the lien of the special assessment pre- pared by the City Attorney to be recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. The City Attorney may take appropriate steps including a personal or in rem suit or action in the appropriate court to enforce the lien to satisfy the special assessment. 3. That each section and each provision or requirement of any section of this ordinance shall be considered separable, and the invalidity of any portion of this ordinance shall not affect the validity or enforceability of any other portion; and 4. That, in order to provide for the usual daily operation of the municipal government and for public health and safety, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1979. No. 24634. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contingencies #1880 (1) ........................... $ 892,316.03 Street Maintenance #1658 (2) ....................... 2,144,560.47 Building Maintenance #1664 (3) ..................... 2,463,777.32 33,3 (1) Net decrease (A01188072012) (2) Net increase (A01165890010) (3) Net increase (A01166490010) $21,179.94 1,563.82 19,616.12 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1979. No. 24635. 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. That the bids in writing of the following named bidders, made to the City and opened on May 1, 1979, to furnish to the City the vehicular equipment 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 1 - New Truck Cab/ Magic City Motor $ 14,145.75 Chassis, minimum Corporation 27,500 GVW 1-A 1 - New Dump Body for Roanoke Welding $ 2,703.10 above Company 2 1 - New Truck Cab/ Magic City Motor $ 12,983.97 Chassis, minimum Corporation 27,000 GVW 2-A 1 - New Utility Body Murphy Body Distri- $ 19,731.00 with ladder/bucket butors, Incorporated for above 3 1 - New Truck Cab/ Magic City Motor $ 12,858.97 Chassis, minimum Corporation 27,000 GVW 3-A 1 - New Utility Body Murphy Body Distri- $ 19,731.00 with ladder/bucket butors, Incorporated for above 4 1 - New Cargo Van Berglund Chevrolet, Inc. $ 5,951.15 Total Purchase Price - $ 88,104.94 2. That 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; 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 bidders for the aforesaid purchase prices, not to exceed the sums hereinabove set out, such funds having been heretofore appropriated for this 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 334 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 14th day of May, 1979. No. 24636. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Wilderness Challenge #7457 (1,2) ...................... $48,118.00 REVENUE Wilderness Challenge #7457 (3) ........................ 48,118.00 (1) Net increase (A35745753801) (2) Net decrease (A35745720010) (3) Net decrease (R35745721) $ 3,664.00 15,325.00 11,661.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1979. No. 24637. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Jail Classification #7484 (1,2) ......................... $11,820.00 (1) Net increase (A35748453801) (2) Net decrease (A35748410002) $689.28 689.28 335 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1979. No. 24638. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Education #1901 (1) ............................. $28,597,682.60 REVENUE State & Federal Programs (2) .................... 2,256,984.60 (1) Net increase (A01190175001) ..... $57,541.00 (2) Net increase (R01191001) 57,541.00 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 May, 1979. No. 24639. AN ORDINANCE accepting a certain proposal and awarding a contract for the services of a pension plan consultant, upon certain terms and conditions; rejecting certain other bids; authoriz- ing 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 proposal of William M. Mercer, Inc., Washington, D.C., for conducting a complete analysis of the City's pension plan and for making recommendations regarding the same, for the base bid amount of $24,000.00, be and is hereby ACCEPTED; 2. That the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City of Roanoke, to execute and to seal and attest, respectively, the requisite contract with William M. Mercer, Inc., the same to incorporate the terms and condition~ of this ordinance, the bidder's proposal and the City's specifications made therefor; said contract to be upon 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 Director of Finance to so notify said other bidders and to express the City's appreciation for said bids; and 336 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: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1979. No. 24640. A RESOLUTION authorizing the holding of two regular Council meetings during the months of June, July and August, 1979. WHEREAS, Rule 1, Section 2, Chapter 4, Title II, of the Code of 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, 1979, shall be as follows: a) June 11, 1979 - 7:30 p.m. b) June 25, 1979 - 2:00 p.m. c) July 9, 1979 - 7:30 p.m. d) July 23, 1979 - 2:00 p.m. e) August 13, 1979 - 7:30 p.m. f) August 27, 1979 - 2:00 p.m. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1979. No. 24641. A RESOLUTION establishing a Roanoke Centennial Commission enumerating the objectives and duties and responsibilities of such Commission and providing for its membership. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That there is hereby established a Roanoke Centennial Commission with the objective of planning and overseeing the implementation of appropriate public observances and activities to commemorate the Centennial of the incorporation of the City of Roanoke; 2. That the duties and responsibilities of such Commission shall be planning and overseeing the implementation of appropriate events such as festivals, exhibitions, performances, parades, and other special observances for the Centennial, involving the citizens and business organizations of the City of Roanoke to as great a degree as possible, coordinating the same with the City administration and the various civic and business organizations of the Roanoke Valley, and addressing matters referred to the Commission by City Council and reporting to City Council as necessary; 3. That the members of the Roanoke Centennial Commission shall be: 337 Helen B. Anderson M. Carl Andrews James L. Ayers Lelia C. Bagbey John P. Bradshaw, Jr. Sydnor W. Brizendine, Jr. Samuel S. Bulbin William K. Craft Genevieve G. Dickinson Marjorie T. Glover Stephen D. Graves Bryant J. Hancock E. Laban Johnson James N. Kincanon M. Diane Lynch Betty Ann Sanders John S. Voit J. Randolph West Vincent S. Wheeler, and such other members as the City Council may from time to time appoint; and 4. That the Commission shall be abolished upon resolution of the Commission at any time after the duties and responsibilities of the Commission have been fulfilled. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of May, 1979. No. 24642. AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1979, and ending June 30, 1980; 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, 1979, and ending June 30, 1980, shall constitute a General Fund~ and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: REVENUE General Property Taxes Other Local Taxes License, Permits and Privilege Fees Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Current Services Sale of Services, Commodities and Property Miscellaneous Interfund Services School Revenue $26,083,400.00 14,093,400.00 5,775,405.00 352,500.00 1,014,000.00 9,785,023.00 3,403,530.00 1,989,900.00 694,500.00 331,700.00 2,537,490.00 13,820,564.00 Total Revenue $79,881,412.00 APPROPRIATIONS Council City Clerk City Manager City Attorney Director of Finance Commissioner of Revenue City Treasurer Assessment of Real Estate Division of Billings and Collections Municipal Auditing Independent Auditing 111,676.00 100,550.00 293,363.00 176,055.00 333,401.00 275,211.00 232,147.00 292,311.00 300,445.00 109,525.00 40,000.00 338 APPROPRIATIONS (continued) Board of Equalization of Real Estate Board of Zoning Electoral Board Circuit Court General District Court Juvenile and Domestic Relations Court Clerk of Circuit Court Commonwealth's Attorney Sheriff Jail Juvenile Probation House Crisis Intervention Regional Intake Office Director of Utilities Engineering, Planning and Building Inspection Market Parking Garage Director of Administration and Public Safety Materials Control Management Information Services Police Fire Emergency Services Personnel Management Parks and Recreation Stadium and Athletic Field Armory Director of Human Services Juvenile Detention Home Outreach Detention Social Services Food Stamp Authorization Nursing Home Roanoke City Health Department Hospitalization of Indigents Libraries Law Library Director of Public Works Utility Line Facilities Street Maintenance Communications Signals and Alarms Building Maintenance Grounds Maintenance Refuse Collection Motorized Vehicle Maintenance Snow Removal Street Lighting Employee Benefits Contributions and Subsidies Miscellaneous Transfers to Other Funds Contingencies Roanoke City Schools Total Appropriations $ 22,250.00 16,883.00 87,420.00 177,136.00 207,836.00 443,374.00 309,532.00 209,856.00 370,137.00 1,029,809.00 102,068.00 111,023.00 56,691.00 50,286.00 986,033.00 35,950.00 76,050.00 54,299.00 517,334.00 565,964.00 3,553,187.00 3,767,199.00 52,596.00 180,628.00 643,566.00 61,376.00 24,600.00 88,795.00 295,959.00 76,349.00 5,746,708.00 192,835.00 557,138.00 588,402.00 160,000.00 712,278.00 25,622.00 224,752.00 1,099,177.00 1,475,278.00 443,605.00 315,070.00 2,707,294.00 1,273,519.00 1,792,114.00 1,014,825.00 141,500.00 436,750.00 4,955,631.00 2,010,229.00 342,000.00 9,083,027.00 692,367.00 27,452~421.00 $79,881,412.00~. 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 1979-80 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, 1979. APPROVED ATTEST: City Clerk Mayor 339 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of May, 1979. No. 24643. AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1979, and ending June 30, 1980; 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, 1979, and ending June 30, 1980, and any surplus funds as of June 30, 1979, 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 $3,147,000.00 268,100.00 Total Revenue $3,415,100.00 APPROPRIATIONS General Operating Expense Water Pumping Station and Tanks Water Purification Depreciation Interest Expense Capital Outlay $1,744,946.00 321,317.00 372,344.00 640,000.00 104,886.00 1,034,281.00 Total Appropriations $4,217,774.00 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 1979-80 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, 1979. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of May, 1979. No. 24644. AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1979, and ending June 30, 1980; 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, 1979, and ending June 30, 1980, and any surplus funds as of June 30, 1979, 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 $3,125,000.00 15,000.00 Total Revenue $3,140,000.00 340 APPROPRIATIONS General Operating Expenses Depreciation Interest Expense Capital Outlay Total Appropriations $3,419,820.00 726,500.00 280,773.00 1,108~057.00 $5~535~150.00 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 1979-80 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, 1979. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of May, 1979. No. 24645. AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1979, and ending June 30, 1980; 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, 1979, and ending June 30, 1980, and any surplus funds as of June 30, 1979, 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 $ 582,050.00 Non-Operating 554,295.00 Total Revenue $1,136,345.00 APPROPRIATIONS Operating Expense Promotional Expenses Depreciation Capital Outlay $1,066,512.00 59,275.00 320,222.00 10,559.00 Total Appropriations $1,456,568.00 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 1979-80 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, 1979. APPROVED ATTEST: City Clerk Mayor 34! IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of May, 1979. No. 24646. AN ORDINANCE adopting the annual Municipal Airport Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1979, and ending June 30, 1980; 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, 1979, and ending June 30, 1980, and any surplus funds as of June 30, 1979, 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 $1,507,000.00 26,000.00 Total Revenue $1,533,000.00 APPROPRIATIONS Operating Expense Depreciation Interest Expense Capital Outlay $1,109,327.00 381,500.00 46,193.00 489,818.00 Total Appropriations $2,026,838.00 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 1979-80 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, 1979. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of May, 1979. No. 24647. AN ORDINANCE to adopt and provide a new Pay Plan for the employees of the City of Roanoke effective July 1, 1979; amending and modifying Ordinance Nos. 24376 and 24505 to the extent herein provided; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That 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, 1979, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: 342 CITY OF ROANOKE PAY PLAN AS PREPARED BY BUDGET & SYSTEMS OFFICE EFFECTIVE JULY 1, 1979 SALARY RANGE (LONGEVITY RANGE) HOURLY ANNUAL EQUIV. STEP A STEP B STEP C STEP D STEP E STEP F EQUIV. (5,902) (6,188) (6,500) (6,812) (7,150) 1 2.8375 227.00 238.00 250.00 262.00 275.00 289.50 7,527 2 (1L) 2.9750 238.00 250.00 262.00 275.00 289.50 304.50 7,917 3 (2L) 3.1250 250.00 262.00 275.00 289.50 304.50 320.50 8,333 4 (3L) 3.2750 262.00 275.00 289.50 304.50 320.50 336.50 8,749 5 (4L) 3.4375 275.00 289.50 304.50 320.50 336.50 353.50 9,191 6 (5L) 3.6188 289.50 304.50 320.50 336.50 353.50 372.00 9,672 7 (6L) 3.8063 304.50 320.50 336.50 353.50 372.00 391.00 10,166 8 (7L) 4.0063 320.50 336.50 353.50 372.00 391.00 410.50 10,673 9 (8L) 4.2063 336.50 353.50 372.00 391.00 410.50 431.00 11,206 10 (9L) 4.4188 353.50 372.00 391.00 410.50 431.00 453.00 11,778 11 (iOL) 4.6500 372.00 391.00 410.50 431.00 453.00 475.00 12,350 12 (llL) 4.8875 391.00 410.50 431.00 453.00 475.00 498.50 12,961 13 (12L) 5.1313 410.50 431.00 453.00 475.00 498.50 523.00 13,598 14 (13L) 5.3875 431.00 453.00 475.00 498.50 523.00 549.50 14,287 15 (14L) 5.6625 453.00 475.00 498.50 523.00 549.50 577.50 15,015 16 (15L) 5.9375 475.00 498.50 523.00 549.50 577.50 605.50 15,743 17 (16L) 6.2313 498.50 523.00 549.50 577.50 605.50 635.00 16,510 18 (17L) 6.5375 523.00 549.50 577.50 605.50 635.00 667.50 17,355 19 (18L) 6.8688 549.50 577.50 605.50 635.00 667.50 702.00 18,252 20 (19L) 7.2188 577.50 605.50 635.00 667.50 702.00 736.50 19,149 21 (20L) 7.5688 605.50 635.00 667.50 702.00 736.50 773.50 20,111 22 (21L) 7.9375 635.00 667.50 702.00 736.50 773.50 812.00 21,112 23 (22L) 8.3438 667.50 702.00 736.50 773.50 812.00 852.50 22,165 24 (23L) 8.7750 702.00 736.50 773.50 812.00 852.50 895.50 23,283 25 (24L) 9.2063 736.50 773.50 812.00 852.50 895.50 939.50 24,427 26 (25L) 9.6688 773,50 812.00 852.50 895.50 939.50 987.00 25,662 27 (26L) 10.1500 812.00 852.50 895.50 939.50 987.00 1,036.00 26,936 28 (27L) 10.6563 852.50 895.50 939.50 987.00 1,036.00 1,087.50 28,275 29 (28L) 11.1938 895.50 939.50 987.00 1,036.00 1,087.50 1,141.50 29,679 30 (29L) 11.7438 939.50 987.00 1,036.00 1,087.50 1,141.50 1,199.00 31,174 31 (30L) 12.3375 987.00 1,036.00 1,087.50 1,141.50 1,199.00 1,259.50 32,747 32 (31L) 12.9500 1,036.00 1,087.50 1,141.50 1,199.00 1,259.50 1,322.50 34,385 33 (32L) 13.5938 1,087.50 1,141.50 1,199.00 1,259.50 1,322.50 1,388.50 36,101 34 (33L) 14.2688 1,141.50 1,199.00 1,259.50 1,322.50 1,388.50 1,458.50 37,921 35 (34L) 14.9875 1,199.00 1,259.50 1,322.50 1,388.50 1,458.50 1,531.50 39,819 36 (35L) 15.7438 1,259.50 1,322.50 1,388.50 1,458.50 1,531.50 1,607.50 41,795 37 (36L) 16.5313 1,322.50 1,388.50 1,458.50 1,531.50 1,607.50 1,688.00 43,888 38 (37L) 17.3563 1,388.50 1,458.50 1,531.50 1,607.50 1,688.00 1,772.50 46,085 39 (38L) 18.2313 1,458.50 1,531.50 1,607.50 1,688.00 1,772.50 1,861.50 48,399 40 (39L) 19.1438 1,531.50 1,607.50 1,688.00 1,772.50 1,861.50 1,954.50 50,817 41 (40L) 20.0938 1,607.50 1,688.00 1,772.50 1,861.50 1,954.50 2,052.00 53,352 (41L) 21.1000 1,688.00 1,772.50 1,861.50 1,954.50 2,052.00 2,154.50 56,017 (22.1563) (23.2688) (24.4313) (25.6500) (26.9313) 2. That Ordinance No. 24376, heretofore adopted on October 23, 1978, insofar as it established a Pay Plan for the employees of the City be and said Ordinance is hereby amended and modified to the extent herein provided; 3. That Ordinance No. 24505, heretofore adopted on February 5, 1979, insofar as it amended Ordinance No. 24376 so as to provide for additional longevity pay for certain employees of the City, is hereby amended and modified to the extent herein provided; 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, 1979. APPROVED ATTEST: City Clerk Mayor 343 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of May, 1979. No. 24648. AN ORDINANCE placing the position of City Manager within the Pay and Classification Plans of the City of Roanoke; establishing the Range and Step within such Pay Plan for H. B. Ewert, City Manager; establishing an anniversary date for Mr. Ewert; and providing for effective dates and an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That on and after July 1, 1979, the position of City Manager shall be included in the Pay and Classification Plans of the City of Roanoke, and the Range for such position within the Pay Plan shall be Range 41; 2. That H. B. Ewert, City Manager shall be placed in such Pay Plan at Range 41, Step C, yielding an annual salary of $46,085.00, effective July 1, 1979; 3. That, for purposes of the merit system and Pay Plan, the anniversary date of H. B. Ewert, City Manager, is hereby established as July 1 of each year; 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 23rd day of May, 1979. No. 24649. AN ORDINANCE fixing the annual compensation of the Clerk of the Circuit Court of the City of Roanoke, an unclassified position; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the annual compensation of Walker R. Carter, Jr., Clerk of the Circuit Court of the City of Roanoke, an unclassified position, shall be $38,588.00 effective on and after July 1, 1979; 2. That the salary established for the incumbent Clerk shall not be applicable to any successor of this incumbent Clerk; 3. That, in order to provide for the 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, 1979. APPROVED ATTEST: City Clerk Mayor 34z IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of May, 1979. No. 24650. AN ORDINANCE amending Chapter 3, Utility service tax, Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, by the addition of a new section to provide that the tax imposed and levied by the City upon purchasers of utility services on and after October 1, 1979, shall be fourteen per cent (14%) of the charge made by the seller against the purchaser with respect to each utility service; on and after October 1, 1980, such tax shall be imposed and levied at the rate of eleven and one-half per cent (11.5%); on and after October 1, 1981, such tax shall be levied at the rate of ten per cent (10%); and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Chapter 3, Utility service tax, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, be and said Chapter is hereby amended by the addition of a new section, to be numbered 2.4, to read and provide as follows: Section 2.4. Amount of tax on and after October 1, 1979, on and after October 1, 1980, and on and after October 1, 1981. (a) On and after October 1, 1979, the tax provided for by Section 2 of this Chapter to be imposed and levied by the City upon each and every purchaser of a utility service as defined and provided for in this Chapter shall be imposed and levied in an amount equal to fourteen per cent (14%) of the statement or bill rendered by the seller to the purchaser with respect to each utility service, to be collected and paid as provided in this Chapter. (b) On and after October 1, 1980, the tax provided for by Section 2 of this Chapter to be imposed and levied by the City upon each and every purchaser of a utility service as defined and provided for in this Chapter shall be imposed and levied in an amount equal to eleven and one-half per cent (11.5%) of the statement or bill rendered by the seller to the purchaser with respect to each utility service, to be collected and paid as provided in this Chapter. (c) On and after October 1, 1981, the tax provided for by Section 2 of this Chapter to be imposed and levied by the City upon each and every purchaser of a utility service as defined and provided for in this Chapter shall be imposed and levied in an amount equal to ten per cent (10%) of the statement or bill rendered by the seller to the purchaser with respect to each utility service, to be collected and paid as provided in 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 upon its passage. APPROVED ATTEST: City Clerk Mayor 345 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of May, 1979. No. 24651. A RESOLUTION expressing the position and intent of the Council of the City of Roanoke with respect to parking facilities in the Downtown area. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council reaffirms the necessity for additional parking garage facilities in the Downtown area and recognizes that such facilities are essential to the further development of the Downtown area; 2. That Council, in particular, recognizes the dependency of the proposed new fine arts center in the Market Area of Downtown on the construction of a parking facility near the site of the proposed fine arts center; 3. That the intent of Council to pursue funds necessary for the construction of needed parking structures is evidenced by Council's recent action authorizing filing for Urban Development Action Grants to finance such structures. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of May, 1979. No. 24652. A RESOLUTION expressing the intent of the Council of the City of Roanoke with respect to the provision of adequate court facilities for the various courts of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That it is the intent of this Council to construct a new courts facility to house the Circuit Court of the City of Roanoke, the General District Court of the City of Roanoke and the Juvenile and Domestic Relations District Court of the City of Roanoke, clerks' offices for the various courts and related offices; 2. That it is the intent of this Council to issue $8,000,000 in general obligation bonds to provide adequate court facilities, such bonds to be issued pursuant to the Virginia Pub- lic Finance Act without a referendum; 3. That, upon receipt of relevant information from the City Manager and the Director of Finance, the City Attorney is authorized to prepare and present to Council ordinances, resolu- tions and other legal documents necessary to permit the issuance of bonds in the amount of $8,000,00£ to finance the aforesaid project. APPROVED ATTEST: City Clerk Mayor 346 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of May, 1979. No. 24653. A RESOLUTION endorsing the Capital Improvement Program submitted by the City Manager on May 8, 1979, and expressing the intent of the Council of the City of Roanoke to submit the proposed Capital Improvement Projects other than the proposed new court facility to the voters for bond referendum in November, 1979. WHEREAS, by report of May 8, 1979, the City Manager has presented a 5-year Capital Improvement Program totaling $31,702,000 which represents an investment in the future of Roanoke and offers the City the opportunity to significantly improve its facilities and physical resources while strengthening its economic base; and WHEREAS, this Capital Improvement Program will impose no extra burden on the taxpayer; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council endorses and concurs in the City Manager's recommendations for a Capital Improvement Program for the City of Roanoke; 2. That it is the intent of this Council to finance the proposed Capital Improvement Program in part through the issuance of bonds, and this Council endorses a bond referendum in November, 1979, for all of the proposed projects except the new court facility; 3. That it is the intent of this Council to present the proposed Capital Improvement Projects other than the proposed court facility to the electorate as a single unit; and 4. That the City Attorney, upon receipt of necessary and relevant information from the City Manager and Director of Finance, is authorized to prepare such ordinances and resolutions for the consideration of this Council and to take such action as is necessary to cause the above- described bond issue to be submitted to the voters for referendum. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1979. No. 24623. 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. 126, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have 2311, 2307 and 2303 Sanford Avenue, S. W., being Lots 14, 15 and 16, Block 1, Colonial Heights, and having Official Tax Nos. 1271014, 1271015 and 1271016, rezoned from RD, Duplex Residential District, to C-i, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to C-i, Office and Institutional District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 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 May, 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. 127 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: 347 Property located on 2311, 2307 and 2303 Sanford Avenue, S. W., described as Lots 14, 15 and 16, Block 1, Colonial Heights, designated on Sheet 127 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1271014, 1271015 and 1271016, be, and is hereby, changed from RD, Duplex Residential District, to C-i, Office and Institutional District, and that Sheet No. 127 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1979. No. 24624. 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. 310, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have the following property, to-wit: The rear or easterly 47.5 feet of property located at 2811 Williamson Road, N. E., being a portion of Official Tax No. 3100917, and a portion of or 47.5 feet of Official Tax Nos. 3100912-3100914, inclusive, located 210.0 feet east of Williamson Road, rezoned from RD, Duplex Residential and RG-2, General Residential Districts, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential and RG-2, General Residential Districts, to C-2, General Commercial 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 provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 14th day of May, 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. 310 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located just off Williamson Road, and described as the rear or easterly 47.5 feet of property at 2811 Williamson Road, N. E., being a portion of Official Tax No. 3100917, and a portion of or 47.5 feet of Official Tax Nos. 3100912-3100914, inclusive, located 210.0 feet east of Williamson Road; designated on Sheet 310 of the Sectional 1976 Zone Map, City of Roanoke, as portions of Official Tax Nos. 3100917, 3100912, 3100913, 3100914, be, and is hereby, changed from RD, Duplex Residential and RG-2, General Residential Districts, to C-2, General Commercial District, and that Sheet No. 310 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor 348 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1979. No. 24625. AN ORDINANCE permitting the vacating, discontinuing, and closing of an alley which is more particularly described hereinafter. WHEREAS, Valley Home for the Aged, Inc., has heretofore filed its application with the Council of the City of Roanoke, Virginia, in accordance with law requesting the Council to perma- nently vacate, discontinue, and close the aforesaid alley, which is more particularly described hereinafter; and WHEREAS, Valley Home for the Aged, Inc., did on April 24, 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 verifiec 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. 24570 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 2nd of May, 1979, recommended that the requested alley closing be approved; and WHEREAS, Council did in its Resolution No. 24570 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 dated April 26, 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 May 14, 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: All of that 10 ft. alley beside and behind Lots 11 through 25 as shown on City Engineer's Maps of Block 20, Rugby Addition, at page 213, and as shown as a paper alley on the North side of a parcel bearing Official Tax No. 2230611. 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 above-described 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 Valley Home for the Aged, Inc., and in the name of any other party in interest who may so request, as Grantee. ATTEST: City Clerk APPROVED Mayor 349 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1979. No. 24626. 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. 710, 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 located in the 3400 Block of King Street, N. E., containing 5 acres, more or less, designated as Official Tax No. 7100701, 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 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 March 26, 1979; and WHEREAS, the City Planning Commission has recommended that the hereinafter-described land be rezoned from RG~i, General Residential District, to C-2, General Commercial District, subject to the conditions proffered by the petitioners in their 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 14th day of May, 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. 710 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 March 26, 1979, which petition is hereby incorporated as a part of this ordinance, viz: Property located in the 3400 Block of King Street, N. E., containing 5 acres, more or less, designated as Official Tax No. 7100701, designated on Sheet 710 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. 710 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1979. No. 24629. AN ORDINANCE authorizing and providing for the City to lease the old D.M.V. Building located at 530 8th Street, S. W., in the City of Roanoke, to the Virginia State Department of Health, 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 written lease agreement on behalf of the City for lease of the old D.M.V. Building located at 530 8th Street, S. W., in the City of Roanoke, to the Virginia State Department of Health for the period commencing July 1, 1979, and terminating June 30, 1998, for a total rental of $37,159.40, payable monthly as set out in the deed of lease; 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 350 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1979. No. 24630. AN ORDINANCE authorizing the City Manager to execute a new license agreement between the City and the Federal Aviation Administration to install, operate, and maintain at its entire expense a runway end identification light system and control facilities for Runway 23 at Roanoke Municipal Airport (Woodrum Field), upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager be and hereby is authorized and directed to execute a license agreement on behalf of the City of Roanoke with the United States of America (USA) through its Federal Aviation Administration on License No. DOT-FA79EA-380, on a form approved by the City Attorney, authorizing the Federal Aviation Administration to install, maintain and operate, at its entire expense and without payment of rent, a runway end identification light system and necessary control facilities on both sides of Runway 23 at Roanoke Municipal Airport (Woodrum Field) for a term of fifteen (15) months commencing July 1, 1979, and thereafter at the option of the USA, renewable from year to year, the option to be deemed exercised and the license renewed each year unless the USA gives notice that it will not exercise its option; provided, however, that no renewal shall extend the period of occupancy beyond September 30, 1984; and 2. That, after the City Manager has executed the license agreement the City Clerk shall be authorized and directed to complete, execute and seal, on behalf of the City of Roanoke, the Certificate of Authorization attached to this document, and to transmit the original and two copies of the license and certificate to the Federal Aviation Administration. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1979. No. 24654. A RESOLUTION expressing the City's appreciation to Mill Mountain Zoo, Inc., and Roanoke Jaycees, Inc., for services rendered the community in operating the Mill Mountain Children's Zoo. WHEREAS, Mill Mountain Zoo, Inc., and Roanoke Jaycees, Inc., non-profit organizations, have operated the Mill Mountain Children's Zoo in the City of Roanoke since 1976; and WHEREAS, this Council recognizes that the community is greatly indebted to Mill Mountain Zoo, Inc., and Roanoke Jaycees, Inc., for their excellent operation of a Children's Zoo of which the entire community can be proud, with its variety of amusements and exhibits for children and adults alike. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council expresses its appreciation to Mill Mountain Zoo, Inc., and Roanoke Jaycees, Inc., for the fine public service that they have rendered in operating the Mill Mountain Children's Zoo. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to transmit an attested copy of this resolution to Carl G. Thomas, President, Mill Mountain Zoo, Inc., and to Grant L. Clatterbuck, President, Roanoke Jaycees, Inc. APPROVED ATTEST: City Clerk Mayor 351 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1979. No. 24655. A RESOLUTION expressing the City's appreciation to Roanoke Transportation Museum, Inc., for services rendered the community in operating the Roanoke Transportation Museum. WHEREAS, Roanoke Transportation Museum, Inc., a private non-profit organization, has operated the Roanoke Transportation Museum in Wasena Park since 1977; and WHEREAS, this Council recognizes that Roanoke Transportation Museum, Inc., has performed an outstanding service to the community in expanding and improving the said Museum, and that under its operation the Museum, with its wide variety of exhibits relating to modes of transportation has become a place of major attraction in the City and has afforded to persons from far and wide a source of interest and entertainment, and has become recognized over the nation as one of the most meaningful collections of public displays of machines and equipment relating to modes of transportation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council expresses its appreciation to Roanoke Transportation Museum, Inc., for services rendered in operating the Roanoke Transportation Museum. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to transmit an attested copy of this resolution to John R. Turbyfill, President, Roanoke Transportation Museum, Inc. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1979. No. 24656. A RESOLUTION expressing the Council's thanks to and appreciation of all persons who contributed to the success of the Airport's Fiftieth Anniversary Celebration. BE IT RESOLVED by the Council of the City of Roanoke that this Council expresses its thanks to and appreciation of all persons who contributed to the success of the Airport's Fiftieth Anniversary Celebration, held May 12 and 13, 1979 at Roanoke Municipal Airport, Woodrum Field. BE IT FURTHER RESOLVED that the City Clerk transmit attested copies of this resolution to the Airport Operations and Publicity Committee in care of Mr. William F. Morris, President, the Airport Advisory Commission in care of Mr. Jack C. Smith, Chairman, and to Mr. Robert C. Poole, Airport Manager. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1979. No. 24657. A RESOLUTION waiving the rental fees and incidental charges for the use of Victory Stadium by The Times-World Corporation on July 3 and 4, 1979, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City does hereby waive the rental fees and incidental charges for the use of Victory Stadium by The Times-World Corporation on July 3 and 4, 1979, for a free community celebration including music and fireworks. 352 BE IT FURTHER RESOLVED that the City Clerk be directed to transmit an attested copy of this resolution to Mr. Barton Morris, President and Publisher, Times-World Corporation, P. O. Box 2491, Roanoke, Virginia 24010. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1979. No. 24658. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Law Library #1587 (1) ......................... $ 22,550.00 Contingencies #1880 (2) ....................... $864,782.41 (1) Net increase (A01158730047) (2) Net decrease (A01188072006) ...... $6,706.00 ...... $6,706.00 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 29th day of May, 1979. No. 24659. A RESOLUTION establishing the policy of the City of Roanoke relating to City funding of the Law Library. WHEREAS, that portion of the court costs currently assessed in the City in civil actions for the purpose of maintaining a Law Library has not been adequate to maintain the operation of the Law Library at a quality level; and WHEREAS, the City Manager has recommended in a report dated May 29, 1979, that the City share pro rata with the Roanoke Bar Association the expenses of operating a Law Library, over and above those reimbursed as court costs, as determined by an annual survey of users of the Library; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it shall be the policy of the City to share pro rata with the Roanoke Bar Association the expenses of operating a Law Library, over and above those reimbursed as court costs, on the basis of utilization of the Library, as determined by an annual survey of users of the Law Library. APPROVED ATTEST: 353. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1979. No. 24660. AN ORDINANCE providing for the purchase of certain construction equipment for use by the City, upon certain terms and conditions, by accepting certain bids made to the City for furnishing and delivering said construction 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 May 18, 1979, to furnish to the City the construction 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 the successful bidder thereon, viz: Item Quantity and Successful Total Number Description Bidder Purchase Price 2 1 - New Vibratory Compactor Capital Equipment Co. $ 36,010.00 diesel powered, minimum 239 C.I.D. engine, articu- lating type 2-Alt. 1 - ROPS frame for item number 2, above Capital Equipment Co. $ 2,100.00 Total Purchase Price - $ 38,110.00 2. That 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 bidder's proposals, 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 prices, not to exceed the sums hereinabove set out, such funds having been heretofore appropriated for this 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1979. No. 24661. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Fire #1347 (1) .................................. $3,600,267.74 Contingencies #1880 (2) ......................... 856,670.41 354 (1) Net increase (A01134790010) (2) Net decrease (A01188072006) $8,112.00 $8,112.00 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 29th day of May, 1979. No. 24662. AN ORDINANCE providing for the purchase of two new pumping engines to be used by the City's Fire Department upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said engines; rejecting certain 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 Seagrave Fire Apparatus, made to the City, offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, two (2) new pumping engines fully meeting all of said City's specifications and requirements made therefor, at the total bid price of $161,872.00 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 therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this ordinance; the cost of said pumping engines, when delivered, shall be paid for out of funds appropriated for the purpose upon delivery to the City of said pumping engines, 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 said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out; 3. That the other bids received for this equipment be and hereby are REJECTED, the City Clerk is to notify said other bidders and extend the City's appreciation for 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 full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1979. No. 24663. 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; 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 opened on May 29, 1979, to furnish to the City the vehicular equipment 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 the successful bidder thereon, viz: 355 Item Number Quantity and Description Successful Bidder Total Purchase Price 1 - 1979 Ford F700 with 176" WB and 102" CA to be shortened to 158" WB and 84" CA. Magic City Motor Corp. $ 13,801.00 1 - 1979 Ford F700 with 176" WB to be shortened to 158" WB and 84" CA. Magic City Motor Corp. $ 14,014.00 2 - Optional accessories for Item No. 1, above Magic City Motor Corp. $ 300.00 2 1 - Flat Bed Dump Body 12 ft. General Welding & Machine Co., Inc. $ 2,399.06 Total Purchase Price $ 30~514.06 2. That 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; 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 bidders for the aforesaid purchase prices, not to exceed the sums hereinabove set out, such funds having been heretofore appropriated for this purpose; 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 29th day of May, 1979. No. 24664. 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 other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bids in writing of the following named bidders, made to the City and opened on May 25, 1979, to furnish to the City the vehicular equipment 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 the successful bidder thereon, viz: Item Quantity and Successful Total Number Description Bidder Purchase Price 3 - 1/2 ton PU Truck Cab/ Chassis Berglund Chevrolet, Inc. $ 16,436.55 1 Alt. 1 - 1/2 ton PU Truck Cab/ Chassis w/air condi- tioning Berglund Chevrolet, Inc. $ 5,930.47 3 - 1/2 ton PU Truck w/ standard cab & 8 ft. bed Berglund Chevrolet, Inc. $ 17,414.19 3-b 2 - 3/4 ton PU Truck, 4-wheel drive w/Snow Boss Fulton White Truck Co., Incorporated $ 16,287.20 Total Purchase Price $ 56~068.41 356 2. That, on or after July 1, 1979, the City's Manager of Purchasing and Materials Control shall 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; 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 bidders for the aforesaid purchase prices, not to exceed the sums hereinabove set out, such funds having been heretofore appropriated for this 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1979. No. 24665. AN ORDINANCE accepting an offer of settlement of the liquidated damages in controversy on the recently completed Municipal Parking Garage, authorizing the Mayor to execute an appropriate release, authorizing the Director of Finance to pay the balance of the liquidated damages in con- troversy to the contractor and surety company, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of Pebble Building Company and Commercial Union Assurance Companies to settle the claim of the City for liquidated damages on the recently completed Municipal Parking Garage for retention by the City of $95,000 is hereby accepted; 2. That the Mayor and the City Clerk are hereby authorized and empowered to execute and attest, respectively, a release in a form suitable to the City Attorney; 3. That the Director of Finance is authorized to pay to Pebble Building Company and Commercial Union Assurance Companies the balance of the liquidated damages above the $95,000 to be retained by the City; 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 29th day of May, 1979. No. 24666. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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. 357 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Economic Development Administration #6847 Street Paving (1,2,3) ........................... $811,087.95 Refund Balance (4) .............................. 912.05 (1) Net decrease (A35684790005) ---$515.05 (2) Net decrease (A35684790015) --- 332.22 (3) Net decrease (A35684790020) --- 64.78 (4) Net increase (A35684795381) --- 912.05 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 29th day of May, 1979. No. 24667. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordaine, to read as follows, in part: APPROPRIATIONS Education #1901 (1) ................................... $28,987,923.60 REVENUE School Revenue (2) .................................... 15,856,953.60 (1) Net increase (A01190175001) $390,241.00 (2) Net increase (R01191001) 390,241.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 358 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1979. No. 24668. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 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 Juvenile Probation House #720 (1-6) .............................. $ 103,411.00 Miscellaneous #1850 (7) .......................................... 4,483.00 Department of Finance #401 (8) ................................... 291,218.00 Refuse Collection #1669 (9) ...................................... 1,433,705.00 Motorized Vehicle Maintenance #1617 (10) ......................... 1,482,068.78 Snow Removal #1675 (11) .......................................... 181,825.00 Revenue Grants-In-Aid Commonwealth (12) .................................. 8,954,679.35 GRANT PROGRAMS FUND Appropriations Crisis Intervention #7440 (13-22) ................................ 130,632.00 Revenue Crisis Intervention (23) ......................................... 130,632.00 (1) Net increase (A01072030005) (2) Net increase (A01072030010) (3) Net mncrease (A01072030020) (4) Net mncrease (A01072030040) (5) Net mncrease (A01072030050) (6) Net mncrease (A01072090020) (7) Net decrease (A01185081501) (8) Net increase (A01040120010) (9) Net increase (A01166990020) (10) Net increase (A01167190020) (11) Net decrease (A01167510016) (12) Net increase (R01063101) (13) Net increase (A35744021015) (14) Net increase (A35744021020) (15) Net ~ncrease (A35744023010) (16) Net mncrease (A35744030005) (17) Net mncrease (A35744030015) (18) Net mncrease (A35744030020) (19) Net increase (A35744030025) (20) Net ~ncrease (A35744030040) (21) Net mncrease (A35744030050) (22) Net mncrease (A35744090020) (23) Net mncrease (R35744025) $ 500.00 800.00 1,500.00 1,200.00 1,500.00 4,000.00 12,000.00 12,000.00 16,000.00 15,500.00 31,500.00 9,500.00 150.00 960.00 200.00 250.00 1,000.00 4,000.00 400.00 400.00 400.00 9,188.00 16,948.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 359 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1979. No. 24672. A RESOLUTION authorizing the City Manager to make application to the Department of Housing and Urban Development for a certain Urban Development Action Grant to permit the construc- tion of parking facilities to accommodate substantial private office and hotel development in the downtown area of Roanoke, Virginia. BE IT RESOLVED by the Council of the City of Roanoke that H. B. Ewert, City Manager, be, and he is hereby authorized and directed to execute, for and on behalf of the City of Roanoke, a written application for certain Federal assistance, namely, an Urban Development Action Grant from the Department of Housing and Urban Development in the amount of $8,222,000.00, as further described in the City Manager's report of June 11, 1979, to permit the construction of needed parking facilities to accommodate substantial private office and hotel development in the downtown area of Roanoke, Virginia. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1979. No. 24673. A RESOLUTION encouraging energy conservation. WHEREAS, the Commonwealth of Virginia is faced with gasoline shortages and may be faced wit shortages of home heating fuel by next winter; WHEREAS, the combined efforts of State and local governments to reduce our total energy consumption can be significant in alleviating the .current shortages; WHEREAS, the Governor has called upon local governing bodies to exercise leadership in this area; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City administration is urged to continue emphasis on its energy conservation program and to continue to seek out new methods of energy conservation; 2. That citizens of the City of Roanoke are urged to explore alternate means of transporta to work which might result in significant personal savings without serious inconvenience; 3. That all businesses and private citizens are urged to reduce the consumption of energy through voluntary actions; and 4. That the City Clerk is directed to transmit an attested copy of this resolution to the Honorable John N. Dalton, Governor of the Commonwealth of Virginia. ATTEST: City Clerk APPROVED Mayor ion 360 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1979. No. 24674. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reor- dained to read as follows, in part: APPROPRIATIONS Juvenile Home Construction #7415 (1) ...................... $381,108.00 REVENUE Juvenile Home Construction #7415 (2) ...................... 381,108.00 (1) Net increase (A35741599995) $269,998.00 (2) Net increase (R35741525) 269,998.00 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 ROA~OKE, VIRGINIA, The llth day of June, 1979. No. 24675. 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 operation of the Municipal Government of the City of 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 General Operating #2003 (1) ..................... $3,569,820.00 (1) Net increase (A03200325505) $150,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 361 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1979. No. 24676. AN ORDINANCE to amend and reordain certain sections of the 1978-79 Sewage Treatment Fund Appropriations Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 Sewage Treatment Fund Appropriations Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS General Operating Expense #2003 Maintenance (1) ................................ $966,610.71 Interfund Services (2) ......................... 519,547.85 (1) Net decrease (A03200325505) (2) Net increase (A03200340003) $108,031.00 108,031.00 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 June, 1979. No. 24677. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 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 #1855 (1) ................................... $15,312,826.04 Motorized Vehicle Maintenance #1671 (2) ............... 1,434,118.78 CAPITAL PROJECTS FUND APPROPRIATIONS POL Distribution/Control System #5006 (3) ............. 47,000.00 (1) Net increase (A01185587508) (2) Net decrease (A01167190010) (3) Net increase (A08500690001) $47,000.00 47,000.00 47,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 362 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1979. No. 24678. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.D.B.G. #6803 (1 & 2) .............................. $2,569,000.00 (1) Net increase (A35680392001) (2) Net decrease (A35680392601) $842.36 842.36 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 llth day of June, 1979. No. 24679. AN ORDINANCE approving issuance of Change Order No. 2 to the City's contract with Watts and Breakell, Inc., General Contractors, for construction of and additions to four City parks so as to provide for the addition of three concrete pads in Peery Park; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Council approves the issuance of and execution by the City Manager, for and on behalf of the City of Roanoke, of Change Order No. 2 to the City's contract, authorized by Ordinance No. 24346, adopted September 25, 1978, with Watts and Breakell, Inc., General Contractors, for construction of and additions to four City parks so as to provide for the construction of three concrete pads in Peery Park at an additional cost of $2,887.00, thereby increasing the total contract amount to $211,447.00; 2. That this Change Order shall require no extension of the contract time; 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 38,3. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1979. No. 24680. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations~ be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS TAP Youth Activities #7460 (1) ............................ $81,534.00 REVENUE TAP Youth Activities #7460 (2) ............................ 81,534.00 (1) Net increase (A35742320010) (2) Net increase (R35746021) $81,534.00 81,534.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1979. No. 24681. A RESOLUTION authorizing the acceptance of Law Enforcement Grant No. 78-A4806J 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 the Division of Justice and Crime Prevention for an action grant of federal funds for the purpose of establishing 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. 78-A4806J in the total amount of $81,534.001 consisting of $73,380.00 from DJCP Block funds, $4,077.00 from DJCP General funds and $4,077.00 from local cash match, such local cash match to be provided by Total Action Against Poverty, for the purpose of establishing four community based youth centers; 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 the Division of Justice and Crime Prevention for Action Grant No. 78-A4806J; 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 llth day of June, 1979. No. 24682. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contingencies #1880 (1) ............................ $ 845,620.41 Street Maintenance #1658 (2) ....................... 2,151,060.47 (1).Net decrease (A01188072012) (2) Net increase (A01165890010) $4,500.00 4,500.00 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 llth day of June, 1979. No. 24683. AN ORDINANCE providing for the purchase of one used digger/derrick truck, upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said truck; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Map Enterprise, Inc., made to the City, offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, one (1) used 1970 Ford (F-700) with digger/derrick, 11,000 pound capacity, 33-foot height, fully meeting said City's specifications and requirements made therefor, at the total bid price of $19,500.00 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 therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this ordinance; the cost of said truck to be paid for out of funds appropriated for the purpose upon delivery to the City of said 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 said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out; 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 365 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1979. No. 24684. A RESOLUTION appointing JAMES D. GRISSO to a committee heretofore established by Ordinance No. 21701 to ascertain and apportion the costs of providing certain sanitary sewer main and lateral facilities in the Fairland Lake and Glenavon sections of the City. BE IT RESOLVED by the Council of the City of Roanoke that JAMES D. GRISSO, Deputy Director of Finance, be and is appointed in the place and stead of John H. Mitchell as a member of the committee heretofore established by Ordinance No. 21701 of the Council for the purpose of ascertaining and apportioning the costs of constructing the public sanitary sewer main and lateral facilities in the Fairland Lake and Glenavon sections of the City. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1979. No. 24685. A RESOLUTION authorizing the filing of a revised application with the United States Department of Housing and Urban Development (HUD) for a current grant of Federal funds to permit implementing, continuing and carrying out a Community Development Block Grant Program. WHEREAS, by Resolution No. 24603, adopted May 7, 1979, this Council authorized the City Manager to file with the Department of Housing and Urban Development an application for a new grant of $2,308,000 of Federal funds under the Housing and Community Development Act of 1974, Public Law 98-383, to aid in financing certain Community Development Block Grant programs, and said application having been filed; WHEREAS, by letter of May 25, 1979, the Area Manager of HUD advised the City that certain additional information and revisions were necessary with regard to the Housing Assistance Plan contained in the said application; and WHEREAS, the City Manager has recommended to the Council that certain additions and revisions be made to the City's Housing Assistance Plan; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized and directed to execute, file and negotiate on behalf of the City of Roanoke with the United States Department of Housing and Urban Development a revised application for Federal funds under Public Law 983-383 to aid in financing certain Community Development Block Grant programs for the fifth year; and, in making such revised 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 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 revised application, and is directed to provide such additional information as may be required. APPROVED ATTEST: City Clerk Mayor 366 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1979. No. 24686. AN ORDINANCE authorizing an amendment to that certain agreement dated June 26, 1969 between the City and APCOA, 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 for six months the term of the agreement; 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 June 11, 1979, 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 Con- cession Agreements on December 29, 1971 and November 23, 1973 and by Ordinance No. 23965, adopted December 27, 1977, so as to extend the term of the agreement for six months from July 1, 1979 through December 31, 1979 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 Addendum to Concession Agreement, a copy of which is on file in the Office of the City Clerk; 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 llth day of June, 1979. No. 24687. AN ORDINANCE approving and authorizing the execution of a contract dated May 17, 1979 for the provision to the City of electricity, electrical services and outdoor lighting for three years, which contract is between the City and Appalachian Power Company, 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 proposed contract dated May 17, 1979 between the City and Appalachian Power Company for the provision to the City of electricity, electrical services and outdoor lighting, for three years beginning July 1, 1978, and establishing the terms, conditions, locations and rates therefor more particularly described in a report of the City Manager dated June 11, 1979, be and is hereby approved; 2. That the Mayor and the City Clerk respectively be and are authorized to execute, seal and attest this contract, upon its approval 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 367 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1979. No. 24688. A RESOLUTION expressing the concurrence of this Council in the crime analysis and problems~ goals, objectives and priorities statement of Phase I of the Fiscal Year 1980 Comprehensive Criminal Justice plan of the Fifth Planning District Com mission and authorizing the City Manager to execute the Statement Review and Approval. BE IT RESOLVED by the Council of the City of Roanoke that this Council concurs in the crime analysis and problems, goals, objectives and priorities statement of Phase I of the Fiscal Year 1980 Comprehensive Criminal Justice Plan of the Fifth Planning District Commission and authoriz~ the City Manager, H. B. Ewert, to execute on behalf of the City of Roanoke the Statement of Review and Approval. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1979. No. 24690. AN ORDINANCE to amend and reordain certain sections of the 1978-79 Capital Projects Fund Appropriation Ordinance, and providing for an emergency. I,~EREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist.. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Courthouse #3002 (1) ............................ $573,480.00 Courts Facility Construction #3004 (2) .......... 600,000.00 (1) Net decrease (A08300290001) (2) Net increase (A08300490001) $600,000.00 600,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1979. No. 24691. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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. 368 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Billings and Collections #409 (1) ............................ $ 271,764.75 Engineering, Planning & Building Inspection #1248 (2) ........ 833,271.75 Director of Administration and Public Safety #1301 (3) ....... 50,254.30 Police #1345 (4) ........................................... ~.. 3,224,961.17 Social Services #1537 (5) .................................... 5,223,482.15 Refuse Collection #1669 (6) .................................. 1,693,782.68 Motorized Vehicle Maintenance #1671 (7) ...................... 1,050,624.00 (1) Net increase (A01040990010) (2) Net increase (A01124890010) - (3) Net increase (A01130190010) (4) Net increase (A01134590010) (5) Net increase (A01153790010) (6) Net increase (A01166990010) (7) Net decrease (A01167190010) $ 4,439.75 24,378.75 5,820.30 112,349.55 24,378.75 260,077.68 431,444.78 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 llth day of June, 1979. No. 24692. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATION Crisis Intervention #7419 (1 - 20) ..................... $115,545.83 REVENUE Crisis Intervention #7419 (21 & 22) .................... 115,545.83 (1) Net decrease (A35741920010) (2) Net decrease (A35741920025) (3) Net decrease (A35741920040) (4) Net decrease (A35741920045) (5) Net decrease (A35741921005) (6) Net decrease (A35741921010) (7) Net decrease (A35741921015) (8) Net decrease (A35741921020) (9) Net decrease (A35741923010) (10) Net decrease (A35741923015) (11) Net decrease (A35741930005) (12) Net decrease (A35741930010) (13) Net decrease (A35741930015) (14) Net decrease (A35741930020) (15) Net decrease (A35741930025) (16) Net decrease (A35741930030) (17) Net decrease (A35741930040) (18) Net decrease (A35741930050) (19) Net decrease (A35741990010) (20) Net decrease (A35741990020) (21) Net decrease (R35741925) (22) Net decrease (R35741931) $ 1,609.09 200.00 434.00 1,045.40 6.67 3.96 27.31 2.52 240.65 8.70 79.60 15.81 2.63 59.44 77.67 49.77 12.00 100.33 505.61 2,934.01 11,884.29 4,469.12 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1979. No. 24693. AN ORDINANCE providing for the acceptance of a certain bid and the award of a contract to Discount Carpet Center, Roanoke, Virginia, for the replacement of carpet at Roanoke Municipal Airport's Terminal Building, rejecting the other bid made to the City therefor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Discount Carpet Center, Roanoke, Virginia, for furnishing ali labor, tools, equipment and materials necessary for the installation of new carpet at Roanoke Municipal Airport's Terminal Building for a lump sum of $18,841.00, as set out in the bid committee'a report dated June 11, 1979, be, and is hereby ACCEPTED; that the City Manager be, and is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute a requisite contract with the bidder in accordance with the terms and conditions of this ordinance, the bidder's pro- posal and the City's specifications made for the work, said contract to be upon such form as is approved by the City Attorney; and that the cost for this work shall be paid out of funds appro- priated for this purpose; 2. That the other bid received by the City for the performance of this work be, and is hereby REJECTED, and the City Clerk is directed to so notify said bidder and to express the City's appreciation of receipt of its bid; 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 llth day of June, 1979. No. 24694. AN ORDINANCE accepting the proposal of Adams Construction Company for performing certain miscellaneous, small area hard surface street and sidewalk restoration; 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 of Adams Construction Company for performing miscellaneous, small area improved hard surface street and sidewalk restoration within the City, in full accordance with the City's plans and specifications, and during the period of time mentioned in said specifi- cations, at the unit prices and for not more than the estimated sum of $178,848.00, which proposal is on file in the office of the City Clerk, be, and said proposal is hereby ACCEPTED; 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 attest, respectively, a requisite contract with the aforesaid bidder, incorporating therein the aforesaid specifications, said bidder's proposal and the provisions of this ordinance, the form of which said contract shall be approved by the City Attorney; 3. That the proposals of the other bidders for the performance of said work be, and the same are hereby REJECTED; the City Clerk to so notify said other bidders and to express to such bidders 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 37O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1979. No. 24695. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contributions and Subsidies #1832 Senior Citizens Advisory Council (1) ............ $11,000.00 Roanoke Neighborhood Alliance (2) ............... 23,900.00 Roanoke Area Ministries (3) ..................... 23,900.00 Contingencies (4) ............................... -0- (1) Net increase (A01183270407) (2) Net increase (A01183270403) (3) Net increase (A01183270404) (4) Net decrease (A01183270440) ...... $1,000.00 900.00 900.00 2,800.00 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 llth day of June, 1979. No. 24696. A RESOLUTION expressing the City's appreciation to WDBJ-TV for services rendered the community in connection with Roanoke Design-79. WHEREAS, this Council recognizes that the community is greatly indebted to WDBJ-TV, Channel 7, for the services it rendered in broadcasting the unique and national award-winning "Design-A-Thon", which was instrumental in generating the wide range of community involvement that went into Roanoke Design-79. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council expresses its appreciation to WDBJ-TV for the fine public service that it rendered in connection with Roanoke Design-79. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to transmit an attested copy of this resolution to John Harkrader, Station Manager, WDBJ-TV. APPROVED ATTEST: City Clerk Mayor ,37 . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24669. AN ORDINANCE to vacate, discontinue and close portions of Moorman Avenue, N. W. and Salem Turnpike, N. W. in the City of Roanoke. WHEREAS, application has been made to the Council of the City of Roanoke to have that portion of Moorman Avenue, N. W. from the easterly side of Salem Turnpike, N. W. to the newly established westerly side of 22nd Street, N. W. as shown on the Highway Plat recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in State Highway Plat Book No. 7, page 89, vacated, discontinued and closed and to have that portion of Salem Turnpike, N. W. from the newly established easterly side of 24th Street, N.W. to the newly established cul-de-sac east of the said 24th Street, N. W., as shown on the Highway Plat recorded in the aforesaid Clerk's Office in State Highway Plat Book No. 7, page 88, vacated, discontinued and closed; and WHEREAS, pursuant to Section 15.1-364 of the Code of Virginia (1950), as amended, duly appointed viewers have reported in writing that no inconvenience would result from the vacation, discontinuance and closing of the said portions of Moorman Avenue, N. W. and Salem Turnpike, N. W.; and WHEREAS, the City Planning Commission has recommended that the said portions of Moorman Avenue, N. W., and Salem Turnpike, N. W. be vacated, discontinued and closed; and WHEREAS, notice of the hearing relative to the vacation, discontinuance and closing of the said portions of Moorman Avenue, N. W. and Salem Turnpike, N. W. has been published in "The Roanoke Times and World News", a newspaper published in the City of Roanoke for the required time; and WHEREAS, the hearing as provided for in the said notice was held on the llth day of June, 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 vacation, discontinuance and closing of the said portions of Moorman Avenue, N. W., and Salem Turnpike, N. W.; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that the said portions of Moorman Avenue, N. W. and Salem Turnpike, N.W. should be vacated, discontinued, and closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that portion of Moorman Avenue, N. W. extending from the easterly side of Salem Turnpike, N. W. to the newly established westerly side of 22nd Street, N. W. be permanently vacated, discontinued and closed and that all right of the general public in and to the said former street be terminated; provided, however, that the City of Roanoke expressly reserves unto itself easements for the utilities pre- sently existing in the said former street, but the said easements shall cease when they are no longer used. BE IT FURTHER ORDAINED that that portion of Salem Turnpike, N. W., extending from the newly established easterly side of 24th Street, N. W. to the newly established cul-de-sac east of 24th Street, N. W. be permanently vacated, discontinued and closed and that all right of the general public in and to the said former street be terminated; provided, however, that the City of Roanoke expressly reserves unto itself easements for the utilities presently existing in the said former street, but the said easements shall cease when they are no longer used. 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 petitioners and index the same in the name of the City of Roanoke, as grantor, and in the names of Dickerson GMC, Incorporated, Dickerson Leasing Corporation and Grace W. Taubman and John W. F. Haner, Trustees for the benefit of Nicholas F. Taubman, as grantees, 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 former streets on the records kept in his office. APPROVED ATTEST: City Clerk Mayor 372 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24670. 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. 662, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a parcel of land containing 18.846 acres, located on the easterly side of Airport Road (Virginia Highway No. 118), and being part of the parcel identified by Official Tax No. 6620102, rezoned from Single Family Residential District (RS-3), to Light Manufacturing District (LM); and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from Single Family Residential District (RS-3), to Light Manufacturing District (LM), subject to the conditions proffered by the Petitioner in his 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 llth day of June, 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. 662 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 12, 1979, which Amended Petition is hereby incorporated as part of this Ordinance, viz: Property located on the easteriy side of Airport Road (Virginia Highway No. 118), and containing 18.846 acres, and described as follows: BEGINNING at a concrete monument on the easterly boundary of Va. Hwy. No. 118; thence with the line of Roanoke City, N. 52 deg. 35' 40" E. 783.96 feet to point 2, a concrete monument on the corporate line of the City of Roanoke, Virginia; thence with the line of the property now or formerly owned by W. F. Kessler and George Pennell Moore, Jr., the following two courses and distances: S. 19 deg. 52' 40" E. 283.73 feet to point 3, a fence post; thence S. 61 deg. 16' 10" E. 146.87 feet to point 4, a black oak stump; thence with the line of Section 2 of Captains Grove Estates and continuing with the corporation line of the City of Roanoke, Virginia, S. 12 deg. 18' 00" E. 585.42 feet to point 5, an iron pin; thence leaving the corporation line of the City of Roanoke, Virginia, and with the line of the First Pentecostal Holiness Church, S. 60 deg. 36' 01" W. 1504.69 feet to point 6, an iron pin in the easterly right-of-way of Va. Hwy. No. 118; thence with the easterly right-of-way of Va. Hwy. No. 118, the following courses and distances: with the arc of a circle to the right having a radius of 960.00 feet, a chord of N. 2 deg. 52' 36" E. 43.46 feet, and an arc distance of 43.46 feet to point 7, an iron pin; thence N. 15 deg. 33' 04" E. 436.45 feet to point 8, an iron pin; thence N. 20 deg. 45' 41" E. 437.11 feet to point 9, an iron pin; thence with a curve to the left having a radius of 1,013.10 feet, a chord bearing of N. 12 deg. 04' 30" E. 306.00 feet, and an arc distance of 307.18 feet to point 1, the place Of BEGINNING, and containing 23.93 acres, as more particularly shown on the plat of survey made by Buford T. Lumsden & Associates, P. C., dated August 18, 1977; and LESS AND EXCEPTING that certain parcel conveyed to the City of Roanoke, Virginia, containing 5.084 acres located at the north- easterly edge of the property above described; said 5.084 acre parcel being more particularly shown on plat prepared by the Office of the City Engineer of Roanoke, Virginia, dated July 17, 1978, and identified as Plan No. 5700; and designated on Sheet 662 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 6620102, be, and is hereby, changed from Single Family Residential District (RS-3), to Light Manufacturing District (LM), and that Sheet No. 662 of the aforesaid map be changed in this respect. APPROVED ATTEST: 373 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24671. 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. 277, 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 1417 Peters Creek Road, Tax No. 2770309, Lot 2, Longwood; 1421 Peters Creek Road, Tax No. 2770308, Lot 1, Longwood; and 1427 Peters Creek Road, Tax No. 2770306, 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, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned to C-2, General Commercial 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 llth day of June, 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. 277 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particu- lar, subject to the conditions set forth in the petition for rezoning filed with the City Clerk on March 29, 1979, which petition is hereby incorporated as a part of this ordinance, viz: Properties located at 1417 Peters Creek Road, 1421 Peters Creek Road, and 1427 Peters Creek Road, designated on Sheet No. 277 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2770309, 2770308, and 2770306, be and they are hereby, changed from Commercial District C-1 to C-2, General Commercial District, with the following conditions attached thereto: A. The C-2 uses on lots identified as Tax Nos. 2770309 and 2770306 will be restricted to the present uses on those properties. The C-2 use on Lot 2770308 would be restricted to the operation of a single-chair barber shop. B. That no additional entrances or exits will be constructed unless the same are designed in accordance with the requirements of the City of Roanoke. C. The driveways for Lots 2770306 and 2770308 shall be interconnected so as to make a loop around the premises with one common parking area in the area. and that Sheet No. 277 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor 374 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24689. AN ORDINANCE to amend and reordain Subsections (a), (c), and (e) of Section 5.08 Bulk Container Units - When Requiredi Defined, PlaCement~ and Charses of Chapter 3, Sanitary Regulations, of Title XIII Health, of the Code of the City of Roanoke (1956), as amended, so as to provide for collection of solid waste refuse from rear-loading bulk container units, and to establish a service charge for each additional weekly servicing of such units; to amend amd reordain Chapter 3, Sanitary Regulations, of Title XIII Health, of the Code of the City of Roanoke (1956), as amended, by adding a new Section 5.09 to provide for scheduled bulk item collection service. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Subsections (a), (c), and (e) 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 so as to provide as follows: (a) 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 construc- tion 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. 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 door and 1 1/2" drain pipe and casters. Front- and rear- loading units shall be placed at a location on the premises satisfactory with the Manager of Refuse Collection and the refuse in such containers shall be the only refuse removed from the premises. (c) 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 addi- tional collection of a front-loading bulk container unit at any such location, there shall be a charge of five dollars ($5.00) per unit imposed upon the owner or occupant situate at such location. For each additional collection of a rear-loading bulk container unit at any such location, there shall be a charge of four dollars ($4.00) per unit imposed upon the owner or occupant situate at such location. (e) Refuse shall be completely contained within the container, and all container doors shall be kept closed. The gross weight of the front-loading container with refuse shall not exceed six thousand (6,000) pounds. The gross weight of the rear-load- ing container with refuse shall not exceed four thousand (4,000) pounds. 2. That Chapter 3, Sanitary Regulations, of Title XIII, Health, of the Code of the City of Roanoke (1956), as amended, be and said chapter is hereby amended by the addition of new Section 5.09 to read and provide as follows: 37B Section 5.09. Bulk item collection. (a) As used in this section, the term "bulk item" shall mean household furniture and major household appli- ances such as refrigerators, washers, dryers, stoves, or water heaters. (b) Upon request, the City will schedule and provide collection of bulk items from the owner or occupant of any dwelling unit. It shall be the duty of such owner or occupant to place bulk items as close as possible to the curb, and if there is no curb, as close as possible to the street. Such placement shall be made no earlier than 6:00 p.m., of the day preceding and no later than 7:00 a.m., of the day scheduled for collection. No collection will be made from alleyways. (c) It shall be the duty of every owner or occupant utilizing the bulk item collection service of the City to take adequate precautions to secure any bulk item in such a manner as to insure the safety of the public. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24697. A RESOLUTION referring to the Planning Commission of the City of Roanoke the application of the City of Roanoke for the vacation of two unused alleys in Section 28, Map of Washington Heights, commonly known as 3712 Melrose Avenue, N. W., Roanoke, Virginia; and appointing viewers to view the alleys. 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 two unused alleys in Section 28, Map of Washington Heights, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Map Book 1, page 43, commonly known as 3712 Melrose Avenue, N. W., Roanoke, Virginia; and that Messrs. Dewey H. Marshall, Harry Whiteside, Jr., Dale Poe, R. R. Quick and R. Lee Mastin, any three or more of whom may act, are hereby appointed viewers to view the alleys 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 ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24698. AN ORDINANCE to amend and reordain certain sections of the 1978-79 Capital Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 Capital Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: 376 APPROPRIATIONS Capital Improvement Reserve #6001 (1) ............. $3,428,000.00 Demonstration Housing Rehabilitation #3802 (2) .... 150,000.00 (1) Net decrease (A08600172501) (2) Net increase (A08380290001) $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 25th day of June, 1979. No. 24699. AN ORDINANCE authorizing the City Manager to enter into a written agreement with the Roanoke Redevelopment and Housing Authority to establish a Demonstration Rehabilitation Program, 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 be, and he is hereby authorized to enter into a written .agreement, for and on behalf of the City, with the Roanoke Redevelopment and Housing Authority to establish and administer for a period of one year at a cost to the City of $150,000.00, a Demonstrati~ Rehabilitation Program to assist low-income homeowners in a designated conservation area of the City, such agreement to incorporate the terms of the Redevelopment and Housing Authority's report of June 11, 1979, 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 Manager; 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 25th day of June, 1979. No. 24700. A RESOLUTION providing for the supervision of the Departments of Materials Control and Management Information Services until the position of Director of Administration and Public Safety has been filled and the new Director has assumed his duties. BE IT RESOLVED by the Council of the City of Roanoke that the Director of Finance shall temporarily have supervisory control over the Departments of Materials Control and Management In- formation Services of the Directorate of Administration and Public Safety until such time as a new Director of Administration and Public Safety has been appointed and assumed his duties at which time such Departments shall revert to the supervision and control of the Director of Administration and Public Safety. APPROVED ATTEST: City Clerk Mayor ~n 377 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24701. AN ORDINANCE authorizing the City Manager to enter a contract with Hayes, Seay, Mattern and Mattern for conducting a study of infiltration and inflow to the Roanoke River Interceptor; 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 Hayes, Seay, Mattern and Mattern, Architects, Engineers and Planners of Roanoke, Virginia, for the provision of a study of infiltration and inflow to the Roanoke River Interceptor, including physical inspection of lines and manholes, smoke testing of lines, gauging groundwater levels, flow monitoring of both dry and wet weather flows and locating and quantifying infiltration and inflow sources; 2. That the lump sum compensation to Hayes, Seay, Mattern and Mattern for conducting this study shall be $46,100.00; that the form of the contract with Hayes, Seay, Mattern and Mattern 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 ~.ts passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24702. AN ORDINANCE authorizing the City Manager to enter into engineering contracts with Mattern & Craig, Consulting Engineers, Weston, Designers, Consultants, and Hayes, Seay,~ Mattern and Mattern, Architects, Engineers, Planners for the Glade Creek Sanitary Sewer Interceptor, the Ore Branch Sanitary Sewer Interceptor and the Hanover Street-Norwood Street Storm Drain projects, respectively, 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, engineering agreements with Mattern & Craig, Consulting Engineers, Weston, Designers, Consultants, and Hayes, Seay, Mattern and Mattern, Architects, Engineers, Planners for the rendering to the City of engineering services in connection with the Glade Creek Sanitary Sewer Interceptor, the Ore Branch Sanitary Sewer Interceptor and the Hanover Street-Norwood Street Storm Drain projects: respectively, said agreements to be upon such form as is approved by the City Attorney; 2. That the compensation to be paid by the City to these firms shall be computed on a cost-plus-fixed-fee basis and shall not exceed, without City Council approval, $57,250 to Mattern & Craig, Consulting Engineers; $81,994.00 to Weston, Designers, Consultants; and $35,817.31 to Hayes, Seay, Mattern and Mattern, Architects, Engineers, Planners for their respective services on these respective projects; 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 378 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24703. AN ORDINANCE to amend and reordain certain sections of the 1978-79 Grant Fund Appropria- tions, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.D.B.G. #6804 (1 & 2) .............................. $1,989,537.72 (1) Net decrease (A35680491001) (2) Net increase (A35680490501) $50,000.00 $50,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ~ APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24704. AN ORDINANCE authorizing and providing for an amendment to the Agreement dated October 4, 1978, between the City of Roanoke and the Roanoke Redevelopment and Housing Authority, relating to the performance of certain Community Development program activities, 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 be and he is hereby authorized'and directed to enter into, for and on behalf of the City, a written amendment to the Agreement dated October 4, 1978, between the City of Roanoke and the Roanoke Redevelopment and Housing Authority, relating to the performance of certain Community Development program activities, to allow for the transfer of $50,000 from the Deanwood Community Development Project to the Gainsboro Community Development Project, as requested in Resolution No. 1514, of the Roanoke Redevelopment and Housing Authority, dated June 11, 1979, and as is further described in the City Manager's report dated June 25, 1979; 2. That such written amendment shall be in a form 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 379 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24705. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 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: Contributions & Subsidies #1832 (1) ................... $ 1,858,403.30 Transfers #1855 (2) ................................... 15,316,826.04 GRANT FUND Appropriations: Arts & Humanities #6240 (3) ........................... 8,000.00 REVENUE Arts & Humanities #6240 (4 & 5) ....................... 8,000.00 (1) Net decrease (A01183270438) (2) Net increase (A01185587735) (3) Net increase (A35624020010) (4) Net increase (R34624021) (5) Net increase (R35624031) $4,000.00 4,000.00 8,OOO.O0 4,000.00 4,000.00 BE IT ~URTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24706. A RESOLUTION authorizing the acceptance of State/Local Partnership Grant No. 132 from the Virginia Commission of the Arts and Humanities and authorizing the acceptance, execution and filing of the grant contract. 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 Commission of the Arts and Humanities of State/Local Partnership Grant No. 132 in the amount of $4,000 for the purpose of providing a portion of the funding for the position of Special Projects Director of the Roanoke Valley Arts Council; 2. That H. B. Ewert, City Manager, or his successor in office, on behalf of the City, be and he is hereby authorized and directed to accept, execute and file the requisite grant contract document and to furnish such additional information as may be required by the Virginia Commission of the Arts and Humanities in connection with the City's acceptance of the foregoing grant. APPROVED ATTEST City Clerk Mayor I! 380 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24709. 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 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 Admini- stration and the Virginia Department of Highways and Transportation in a sum not to exceed $11,296.00.~Ii APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1'979. No. 24710. AN ORDINANCE authorizing the employment of the professional servicesof 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 construction of needed improvements to the Franklin Road, Roanoke River Bridge, on 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 firm of Hayes, Seay, Mattern and Mattern, Architects-Engineers, of Roanoke, be, and is hereby employed as architects and engineers to perform professional services and to pre- pare necessary plans, drawings and specifications and to perform periodic inspection and consultation in connection with the construction of certain improvements to the Franklin Road, Roanoke River Bridge; said work to be in addition to that work specified in a proposal dated February l, 1978, entered into between the City and Hayes, Seay, Mattern and Mattern for work on said bridge; said firm to be paid for these additional services a fee not to exceed $3,680.00 without further authori- zation of the Council, said fee to be determined upon the basis set out in the written proposal dated April 26, 1979, submitted by said firm, a copy of which is on file in the Office of the City Clerk, and is incorporated herein by reference; 2. That the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to accept the aforesaid written proposal above referred to, the form of said written proposal to 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 ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24712. AN ORDINANCE authorizing the City Manager to enter into a contract with Hayes, Seay, Mattern and Mattern of Roanoke, Virginia, to provide engineering consulting services relative to flooding 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 and the City Clerk shall be authorized to execute and to attest, respectively, an agreement with Hayes, Seay, Mattern and Mattern of Roanoke, Virginia, for the provision by such firm of engineering consulting services relative to flooding at the Sewage Treatment Plant, including evaluation of various alternatives to control flooding, cost estimates and environmental assessments, assisting the City in acquiring the necessary permits for such construction, performance of all necessary field surveys, final design development and assisting in the bidding and construction contract award process; 2. That the maximum compensation to Hayes, Seay, Mattern and Mattern under the contract authorized by this ordinance shall be $35,000.00; 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 25th day of June, 1979. No. 24713. AN ORDINANCE authorizing the employment of the professional services of certain architects and engineers to conduct a bridge inspection program during fiscal year 1978-1979 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 as follows: 1. That the firm of Hayes, Seay, Mattern and Mattern, Architects-Engineers, of Roanoke, be, and is hereby employed as ~architects and engineers to perform certain professional services and to conduct a bridge inspection program for fiscal year 1978-1979 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 $18,575.00 without further authorization of the Council, said fee to be determined on the basis set out in the written proposal dated June 14, 1979, submitted by said firm, a copy of which is on file in the Office of the City Clerk, and is incorporated herein by reference; 2. That the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to accept the aforesaid written proposal above referred to, the form of said written proposal to 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 ATTEST: City Clerk Mayor 382 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24714. AN ORDINANCE to amend and reordain certain sections of the 1978-79 General Fund and Capital 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 1978'79 General Fund and Capital Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Appropriations: Street Maintenance #1658 (1) ......................... $2,118,560.47 Transfers #1855 (2) .................................. 6,015,470.04 CAPITAL FUND Appropriations: Curb and Gutter #3234 (3) ............................ 37,500.00 (1) Net decrease (A01165825579) (2) Net increase (A01185587508) (3) Net increase (A08323490001) $37,500.00 37,500.00 37,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24715. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: .APPROPRIATIONS Contingencies #1880 (1) .......................... $ 781,839.41 Refuse Collection #1669 (2) ...................... 1,741,782.68 (1) Net decrease (A01188072009) (2) Net increase (A01166920010) ...... $38,000.00 38,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 383 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24716. 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 the aforesaid purpose; rejecting a certain other proposal made therefor; 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 to accept the proposal of Capital Sales & Auction Company, opened on April 18, 1979, to promote and conduct the auction sale of certain surplus tangible personal property of the City, consisting of certain vehicles, equipment and various other surplus items; said auctioneer to be compensated by the City in a sum equal to five percent (5%) of the gross cash amount received by the City at said auction sale for said articles, such employment to be, generally, upon the terms and provisions outlined in the written proposal of said auctioneer made to the City; 2. That the bid committee be authorized and empowered to fix the date and place of the aforesaid auction sale and to make such other arrangements and provisions as are incidental thereto and deemed by the committee to be necessary; 3. That all sales made at the aforesaid auction shall be final, and not subject to confirmation of price by the City Council; 4. That upon effecting sale of the surplus items herein authorized to be sold, or any of them, and upon certification in writing of such facts to the Director of Finance and payment to the City of the high bids made at said auction sale, the City's Manager of Purchasing and Materials Control shall be, and he is hereby expressly authorized and empowered to sign such bills of sale, certificates of title or other documentary transfers of title to the successful bidders at said auction sale as are necessary or requisite and approved as to form by the City Attorney; 5. That the other proposal made for the aforesaid services be and is hereby REJECTED; the City Clerk to so notify said other auctioneer and to express the City's appreciation for the submission of the proposal made to the City; 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 25th day of June, 1979. No. 24717. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contingencies #1880 (1) .......................... $ 82,935.51 Utility Lines Maintenance #1605 (2) .............. 1,085,054.50 (1) Net decrease (A01188072009) (2) Net increase (A01160590015) ....... $9,021.00 ...... 9,021.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 384 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24718. 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. That the bids in writing of the following named bidders made to the City and opened on June 20 and 21, 1979, to furnish to the City the vehicular 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: Item Quantity and Successful Total Number Description Bidder Purchase Price 1 1 - new road tractor Fulton White, Inc. $ 38,061.00 iA 1 - new knuckleboom crane for above vehicle J. W. Burress, Inc. $ 15,960.00 2Alt. 1 - new rubber-tired loader, diesel powered Baker Brothers, Inc. $ 47,232.00 Total $ 101.253.00 2. That 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; 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 bidders for the aforesaid purchase prices, not to exceed the sums hereinabove set out, such funds having been heretofore appropriated for this 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24719. A RESOLUTION terminating City representation on and participation in the Joint Jail Study Committee; abolishing a committee to consider and develop certain contracts relating to provision of new jail facilities for political subdivisions in the Roanoke Valley created by Resolution No. 22479, adopted September 24, 1975; abolishing the Jail Study Committee heretofore appointed by this Council; and terminating City representation on and participation in the Roanoke Valley Corrections Board to the extent authorized by Ordinance No. 20671, adopted January 29, 1973. WHEREAS, construction of the new Roanoke City Jail has been completed, and this outstanding facility will be accepted by the City in the near future; WHEREAS, a jail facility to meet the needs of Roanoke County, the City of Salem and Craig County is under construction in the City of Salem; WHEREAS, in spite of the vigorous efforts of the City of Roanoke to establish a jail facility to serve the needs of all political subdivisions in the Roanoke Valley thereby realizing certain economies, such efforts have failed and duplicity of facilities is a fact; 385 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That City representation on and participation in the Joint Jail Study Committee authorized by this Council on February 9, 1976, is hereby terminated; 2. That the committee to consider and develop certain contracts relating to provision of new jail facilities for political subdivisions in the Roanoke Valley, created by Resolution No. 22479 on September 24, 1975, is hereby abolished; 3. That the Jail Study Committee heretofore created and appointed by this Council is hereby abolished; 4. That City of Roanoke representation on and participation in the Roanoke Valley Corrections Board to the extent authorized by Ordinance No. 20671, adopted January 29, 1973, is hereby terminated; and 5. That the appreciation of the Council of the City of Roanoke is extended to all those Council members, City officials and citizens who served on the committees abolished by this resolution. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24721. AN ORDINANCE to amend and reordain certain sections of the 1978-79 General Fund Appropriation Ordinance, and providing for anemergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS City Attorney #0301 (1) ............................. $206,323.00 Contingencies #1880 (2) ............................. 819,839.41 (1) Net increase (A01030120010) (2) Net decrease (A01188072012) $28,781.00 28,781.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 386 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24722. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 sectionJ of the 1978-79 Civic Center Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS General Operating #2005 (1 & 2) .......................... $1,106,125.95 (1) Net increase (A05200520010) (2) Net increase (A05200530045) $ 15,450.00 100,000.00 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 25th day of June, 1979. No. 24723. AN ORDINANCE accepting certain bids for painting the Roanoke Civic Center Auditorium and Exhibition Hall and for installing wood floors and for applying protective wall covering in the Exhibition Hall; rejecting certain 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 L. R. Brown, Sr., Inc., for providing all labor, materials and supplies for the painting of the Auditorium and Exhibition Hall at the Roanoke Civic Center for the lump sum of $12,918.00, is hereby ACCEPTED; 2. That the bid of Costen Floors for providing all labor, materials and supplies for the installation of wood floors in the Exhibition Hall at the Roanoke Civic Center for the lump sum of $34,775.00, is hereby ACCEPTED; 3. That the bid of Harmon Ceiling & Partition for providing all the labor, materials and supplies for the application of protective wall covering in the Exhibition Hall at the Roanoke Civic Center for the lump sum of $11,529.00, is hereby ACCEPTED; 4. That the City Manager and 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 each of the aforesaid successful bidders, each 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 each individual purpose; 5. That all other bids made to the City for each of the aforesaid individual work 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 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 387 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24724. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Sanitary Sewers #3611 (1) ................................ $660,910.71 Whitmore Street Storm Drain #3612 (2) .................... 18,302.79 Garden City Sewer Line #3618 (3) ......................... 141,163.00 Post Office #5005 (4) .................................... 500,000.50 Office Renovation and Relocation #5009 (5) ............... 40,137.68 Sewage Lateral Replacement #3601 (6) ..................... 538,954.37 Annexation Storm Drain and Sewer Projects #3602 (7) ...... 310,697.21 Courts FacilitieS Construction #3004 (8) ................. 600,061.17 (1) Net decrease (A08361190001) (2) Net decrease (A08361290001) (3) Net decrease (A08361890001) (4) Net decrease (A08500590001) (5) Net decrease (A08500990001) (6) Net increase (A08360190001) (7) Net increase (A08360290001) (8) Net increase (A08300490001) $ 3,679.43 697.21 18,311.00 .50 60.67 21,990.43 697.21 61.17 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24725. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Coordinated Youth Service #7456 (1) ..................... $2,988.74 REVENUE Coordinated Youth Services #7456 (2) .................... 2,988.74 (1) Net decrease (A35745620010) (2) Net decrease (R35745621) $2,988.74 2,988.74 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 388 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24726. AN ORDINANCE to amend and reordain certain sections of the 1978-79 Grant Fund Appropriation~ and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1978-79 Grant. Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.D.B.G. #6804 (1,2,3) ................................. $2,027,785.73 REVENUE C.D.B.G. #6864 (4 & 5) ................................. 9,244,785.73 (1) Net increase (A35680495005) (2) Net increase (A35680495006) (3) Net increase (A35680495007) (4) Net increase (R35684641) (5) Net increase (R35684651) $28,825.47 8,600.00 822.54 28,825.47 9,422.54 BE IT FURTHERORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24727. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Contingencies #1880 (1 & 2) ............................ $ 125,172.41 Street Maintenance #1658 (3) ........................... 2,812,727.47 (1) Net decrease (A01188072012) (2) Net decrease (A01188072009) (3) Net increase (A01165825578) $471,379.00 185,288.00 656,667.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 389 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24728. AN ORDINANCE accepting the joint proposal of Adams Construction Company and Virginia Asphalt Paving Company, Incorporated, for the paving of streets at various locations and a portion of the parking lot at the Public Works Service Center 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 joint proposal made by Adams Construction Company and Virginia Asphalt Paving Company, Incorporated for the paving of streets at various locations throughout the City and a portion of the parking lot at the Public Works Service Center, 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 25, 1979, the total amount of the contract not to exceed $1,019,375.00; 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 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. That all other bids made to the City for the paving of various streets in the City 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24729. AN ORDINANCE to amend and reordain certain sections of the 1978-79 General Fund, Capital Projects 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 1978-79 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: Contingencies #1880 (1) ........................... $ 91,956.51 Transfers #1855 (2 & 3) ........................... 15,346,041.94 CAPITAL PROJECTS FUND Appropriations: Nursing Home Air Conditioning #5015 (4) ........... GRANT PROGRAMS FUND Appropriations: Juvenile Home Construction #7415 (5 & 6) .......... Revenue: Juvenile Home Construction (7 & 8) ................ 112,000.00 531,931.90 531,931.90 390 (1) Net decrease (A01188072012) (2) Net decrease (A01185587508) (3) Net increase (A01185587735) (4) Net decrease (A08501590001) (5) Net increase (A35741599995) (6) Net increase (A35741599996) (7) Net increase (R35741525) (8) Net increase (R35741531) $33,215.90 38,000.00 71,215.90 38,000.00 79,608.00 71,215.90 79,608.00 71,215.90 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24730. AN ORDINANCE accepting the bid of Avis Construction Company, Inc., for construction of alterations and additions to the Roanoke Juvenile Detention Home, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Avis Construction Company, Inc., made to the City in the total amount of $597,000.00, for construction of alterations and additions to the Roanoke Juvenile Detention Home, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED; 2. 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 Avis Construction Company, Inc., based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council; 3. That all other bids made to the City for the aforesaid work be and they are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bids; 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 June, 1979. No. 24731. AN ORDINANCE accepting a certain bid and awarding a contract for the installation of air conditioning and related work at the City's Nursing Home, upon certain terms and conditions; rejecting certain other bids; authorizing the appropriate City officials to execute the requisite contract; and providing for an emergency. 391 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of Watts and Breakell, Inc., for installing air conditioning and doing related work at the Coyner Springs Nursing Home, for the base bid amount of $107,000.00, be and is hereby ACCEPTED; 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 contract with Watts and Breakell, Inc., the same to incorporate the terms and conditions of this ordinance, the bidder's proposal and the City's plans and specifications made therefor; said contract to.be upon 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 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 June, 1979. No. 24732. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Civic Center Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Capital Outlay from Revenue #2401 (1) .................. $76,968.58 (1) Net increase (A05250190015) $59,936.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24733. 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's Civic Center Coliseum of a variable height portable stage, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 3'92 1. That the bid of Wenger Corporation of Owatonna, Minnesota, for the manufacture and delivery to the City's Civic Center Coliseum of a variable height portable stage, for a lump sum of $59,936.00, that being the only bid received, as set out in the bid committee's report dated June 25, 1979, be, and is hereby ACCEPTED; that the City Manager be, and is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute a 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; and that the cost for this work shall be paid out of funds appropriated for this purpose; 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 25th day of June, 1979. No. 24734. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Management Information Services #1325 Contingencies (1) ................................. $18,944.52 Capital Outlay (2) ................................ 76,924.91 (1) Net decrease (A01132520055) (2) Net increase (A01132590020) $59,929.00 59,929.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24735. AN ORDINANCE providing for the acceptance of a certain bid and the award of a contract to Jarrett Electric Co., Inc., for the installation of an Uninterruptible Power System for the City's Computer, rejecting certain other bids made to the City therefor, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as.follows: 1. That the bid of Jarrett Electric Co., Inc., for furnishing all labor, tools, equipment and materials necessary for the installation of an Uninterruptible Power System for the City's computer, for a lump sum of $59,929.00, as set out in the bid committee's report dated June 25, 1979, be, and is hereby ACCEPTED; that the City Manager be, and is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute a 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; and that the cost for this work shall be paid out of funds appropriated for this purpose; 2. That the other bids received by the City for the performance of this work be, and are hereby REJECTED, and the City Clerk is directed to so notify the other bidders, and to express to each the City's appreciation of receipt of their respective bids; 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 June, 1979. No. 24736. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 Water Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Capital Outlay from Revenue #2401 12 Line Rt. 11 to Rt. 419 Annex (1) ......... $ 456.79 12 Line Grandin to Rt. 419 (2) .............. 450,664.60 (1) Net decrease (A02240190601) (2) Net increase (A02240192901) ....... $44,340.60 44,340.60 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24737. AN ORDINANCE accepting a bid and awarding a contract for the construction of a new water line from Grandin Road, S. W., to Virginia Route 419, S. W., upon certain terms and conditions; 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 as follows: 393 394 1. That the bid of E. C. Pace & Company for furnishing all tools, labor, machinery and materials necessary to construct a new water line from Grandin Road, S. W., to Virginia Route 419, S. W., in full accordance with the City's plans and specifications made for said work, for the total sum of $435,497.50, be and said bid is hereby ACCEPTED; 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 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. That 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 payment to said contractor in accordance with the provisions of this ordinance and said contract, charging said payments to appropriations heretofore or simultaneously made by the Council for this purpose; 4. That all other bids made to the City for said work, be and they are hereby REJECTED, the City Clerk to so notify said other bidders and to express the City's appreciation for said 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 25th day of June, 1979. No. 24738. A RESOLUTION initiating and providing for the permanent closing, vacating, discontinuing and abandonment of a certain alley, or appropriate portion thereof, 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 hereinafter more particularly described; referring the matter to the Planning Commission of the City of Roanoke for study, report and recommendation; and appointing viewers to view said alley. WHEREAS, this Council has heretofore acquired and dedicated to the School Board for the City of Roanoke properties consisting of Lots 11, 12, 13, 14 and the southerly one-half of Lot 15, Section 35, Map of Crystal Spring Land Company, which property is separated from the Crystal Spring school property by a 12-foot wide alley; and WHEREAS, the School Board for the City of Roanoke has, on June 12, 1979, adopted a resolution requesting the closing of that portion of the alley lying between Crystal Spring School and the above-described property dedicated for school purposes in order to eliminate a hazard to the children using the area as a school playground; and WHEREAS, it is the desire of this Council to initiate on its own motion and pursuant to Section 15.1-364 of the Code of Virginia (1950), as amended, proceedings to permanently vacate, discontinue and abandon said alleyway or some appropriate portion thereof, said alleyway being more particularly described hereinafter. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the said Council proposes, on its own motion and pursuant to the provisions of Section 15.1-364 of the Code of Virginia (1950), as amended, to permanently close, vacate, discontinue and abandon as a public alley in the City of Roanoke, the following property, or such portion thereof as is deemed appropriate That certain portion of a 12-foot alley approximately 400 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 deg. 41' W., 150 feet from the northwest corner of 27th Street (formerly 6th Street) S. W., and Rosalind Avenue, S. W.; thence, N. 32 deg. 19' E., 400 feet to the southerly right-of-way of 26th Street (formerly 5th Street) S. W.; thence, with the southerly right-of-way of 26th Street (formerly 5th Street) S. W., N. 57 deg. 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 deg. 19' W., 400 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 deg. 41' E., 12 feet to the Place of BEGINNING, and containing 0.11 acre; and 395 BEING the same alley shown on the Map of Crystal Spring Land Company recorded in Plat Book 1, Page 102-103, in the Clerk's Office, Circuit Court of Roanoke County on June 18, 1906. BE IT FURTHER RESOLVED that pursuant to the provisions of the law for such cases made and provided, 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 in accordance with the aforesaid statute, to view said alley and report in writing to this Council, whether in their opinion any, and if any, what inconvenience would result from permanently abandoning, closing, discontinuing and vacating the same, or any appropriate portion thereof. BE IT FINALLY RESOLVED that the matter be and is hereby referred to the Planning Commission of the City of Roanoke for study, report and recommendation to the Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24739. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Education #1901 (1) ............................... $29,066,147.60 REVENUE State and Federal Programs (2) .................... 2,725,449.60 (1) Net increase (A01190175001) $78,224.00 (2) Net increase (ROll91001) 78,224.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24740. AN ORDINANCE amending and reordaining Ordinance No. 24393, adopted on November 6, 1978, so as to extend indefinitely the force and effect of such ordinance; and providing for an emer- gency. WHEREAS, by Ordinance No. 24393, adopted November 6, 1978, this Council granted an increase in certain retirement benefits available to retired members of the EmplOyees' Retirement System of the City of Roanoke for a one-year period, retroactive to July 1, 1978, and terminating on June 30, 1979; 396 WHEREAS, consultants will in the near future commence a study of the Employees' Retirement System of the City of Roanoke to determine, among other things, a logical method for granting pay increases to members of such Retirement System, and it is the intention of this Council to continue Ordinance No. 24393 in full force and effect until Council has had the opportunity to receive and review the recommendation of the consultants and act thereon; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Ordinance No. 24393, adopted November 6, 1978, is hereby amended and reordained to delete the termination date of June 30, 1979, established therein and to provide that Ordinance No. 24393 shall be in full force and effect indefinitely; 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 25th day of June, 1979. No. 24741. AN ORDINANCE to amend and reordain subsection (d) Military Leave, of Section 12, Vacations~ sick leave and military leave, of Chapter 3,'Officers and'Employees Generally, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, so as to provide that City employees shall suffer no loss of pay for certain periods of military leave not to exceed fifteen days per calendar year; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That subsection (d), Military Leave, of Section 12, Vacations, sick leave and military leave, of Chapter 3, Officers and Employees Generally, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, be and said subsection is hereby amended and reordained so as to read and provide as follows: (d) Military Leave. Any permanent employee of the City who may be called into the Armed Services of the United States or of the State during any period of war or emergency shall be given military leave during such period of absence. Such military leave shall be without pay. Any employee of the City who shall be a member of the organized reserve forces of any of the Armed Services of the United States, National Guard or Naval Militia shall be entitled to leaves of absence from his duties, without loss of seniority, accrued leave or efficiency rating, on all days during which he shall be engaged in annual active duty for training or when called forth by the Gov- ernor pursuant to the provisions of Section 44-75, Code of Virginia (1950), as amended. There shall be no loss of pay during such leaves of absence, not to exceed fifteen calendar days per year. When relieved from such military duty, a permanent City employee shall be restored to the position held by him when ordered to duty. Any employee who has been in the continuous service of the City for one year shall, upon entering the Armed Services of the United States in time of war or national emergency, be granted seven days military leave commencing immediately prior to reporting for active duty or, in lieu thereof, shall receive the equivalent in salary. 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 retroactive to January 1, 1979. APPROVED ATTEST: City Clerk Mayor 397 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1979. No. 24742. AN ORDINANCE to amend and reordain certain sections of the 1978-79 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 1978-79 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Miscellaneous #1850 (1) ............................ $338,231.00 Materials Control #1311 (2) ........................ 457,251.62 Contingencies #1880 (3 & 4) ........................ 31,437.51 (1) Net increase (A01185081401) (2) Net decrease (A01131120025) (3) Net decrease (A01188072009) (4) Net decrease (A01188072012) $96,998.00 50,000.00 34,745.00 12,253.00 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 July, 1979. No. 24744. A RESOLUTION endorsing the form of a certain contract between the City of Roanoke and the County of Roanoke and Roanoke County Public Service Authority relating to exchange of certain water and sewer lines, exchange of certain water and sewer customers and providing for the sale of bulk water to the County by the City and upon certain other terms and conditions; and expressing the intent of Council to adopt an ordinance authorizing the execution of such contract at the appropriate time. WHEREAS, the Charter of the City of Roanoke provides that no measure approving the sale of City property shall be passed except by an ordinance read by title at two regular meetings of City Council; WHEREAS, Council desires to promptly endorse the form of a contract between the City of Roanoke and the County of Roanoke and Roanoke County Public Service Authority relating to exchange of certain water and sewer lines, exchange of certain water and sewer customers and providing for sale of bulk waterto the County by the City, a copy of such contract being on file in the Office of the City Clerk; WHEREAS, Council also desires to express its intent to adopt an ordinance authorizing the execution of such contract as soon as legally permissible under the City Charter; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Council adopts this means of endorsing the form of contract between the City of Roanoke and the County of Roanoke and Roanoke County Public Service Authority on file in the Office of the City Clerk; 2. That it is the intention of this Council to adopt an ordinance authorizing the execu- tion of such contract as promptly as permissible under the City Charter; and 3. That the City Clerk is directed to transmit an attested copy of this resolution to the Chairman of the Board of Supervisors of Roanoke County and to the Chairman of the Board of Directors of the Roanoke County Public Service Authority. APPROVED ATTEST: City C] mr~ 398 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1979. No. 24707. 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 term~ 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 one (1) year, commencing retroactively to March 23, 1979, and ending March 22, 1980, 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, but to contain provisions to the effect that (a) the service responsibilities of the City shall be limited to the provision of water, structure insurance and heating fuel; (b) maintenance of the furnace and facilities necessary to provide heat and maintenance of the remainder of the premises shall be Transit Company's respon- sibility; and (c) the lease may be cancelled by either party upon notice to the other party given not less than ninety (90) 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 9th day of July, 1979. No. 24708. AN ORDINANCE accepting a certain bid for the purchase of the Parkview (Norwich) Elementary School parcel owned by the City, situate in the City at 2218 Roanoke Avenue, S. W., and bearing Official Tax Nos. 1421303, 1421304 and 1421305; providing for the sale thereof; and rejecting the other bid. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Basham Oil Company to purchase the Parkview (Norwich) Elementary School parcel owned by the City, and situate in the City at 2218 Roanoke Avenue, S. W., bearing Official Tax Nos. 1421303, 1421304 and 1421305, for a consideration of $22,676.06 be, and said offer is hereby ACCEPTED; 2. That the Mayor and the City Clerk be and each is hereby authorized and empowered respectively to execute on behalf of the City, to seal and attest the City's deed of conveyance of the fee simple title to said property to Basham Oil Company or to its proper representatives, said deed to be prepared by the City Attorney and to contain the City's special warranty of title; and thereafter the City Attorney is authorized to tender to Basham 0il Company or its authorized agent the City's deed in the premises upon the payment to the City of $22,676.06; and 3. That the other bid received for this property be and it is hereby REJECTED, the City Clerk to so notify the other bidder and to express the City's appreciation for its bid. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1979. No. 24711. AN ORDINANCE authorizing and providing for execution of Supplement No. 2 to the City's lease of space in Building No. 1 at Roanoke Municipal Airport, Woodrum Field, to the United States Government, Federal Aviation Administration to exclude janitorial services from lessor's obligations and reduce the annual rental. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager and City Clerk respectively are authorized and directed to execute, on behalf of the City, Supplement No. 2 to Lease No. DOT-FA 76EA-8201, dated October 10, 1975, as amended by Supplement No. 1, dated June 15, 1977, between the City of Roanoke as lessor and United States of America, Federal Aviation Administration am lessee, which Supplement will: (a) delete the lessor's obligation under the lease to furnish janitorial services to the lessee; (~) reduce the annual rental from $3,024.00 to $1,463.62, in consideration of the reduction in services furnished by lessor to lessee; (c) assure free access to leased premises to les- lee's agent and contractor. 2. That, all other terms and conditions of Lease No. DOT-FA76 EA-8201, as amended, remain in full force and effect. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1979. No. 24720. AN ORDINANCE ratifying a contract between the City and W. H. Martin, Marie H. Martin and Richard W. Boone and Clara B. Boone dealing with a sewer line through real property on Troxell Road, S.E.; authorizing the City Manager to execute this contract on behalf of the City; and accepting a 15-foot sanitary sewer easement from Mr. and Mrs. Martin and Mr. and Mrs. Boone. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That a proposed contract dated May 17, 1979, prepared by the City Attorney between the City, W. H. Martin, Marie H. Martin, Richard W. Boone, Clara B. Boone, which contract calls for the acceptance by the City from W. H. Martin and Marie H. Martin and their agent of $1,000.00, which has already been received, for the eventual removal of the sewer line to a new easement and for the possible vacation of a portion of the existing easement, shall be ratified; 2. That the City Manager shall be authorized and directed to execute the contract dated. May 17, 1979, upon its approval by the City Attorney; 3. That the City Attorney shall be authorized to accept on behalf of the City the deed of easement to the new sewer line, set forth in instrument dated May 17, 1979, upon its approval by the City Attorney. APPROVED ATTEST: City Clerk Mayor 4OO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1979. No. 24743. A RESOLUTION recognizing the outstanding services and contributions of J. D. Sink, Director of Public Works, to his country and to the City of Roanoke. WHEREAS, J. D. Sink, Director of Public Works, has served the City of Roanoke for 44 years and under all five city managers; WHEREAS, Mr. Sink was first employed as a communications officer in the Police Department in 1935 and rose steadily through the ranks, holding many positions in communications, traffic engineering and public works, until in 1969, he postponed a planned retirement to accept the position of Director of Public Works; WHEREAS, Mr. Sink's accomplishments and achievements on behalf of the City of Roanoke are too numerous to enumerate herein; however, several are worthy of particular note, to-wit: supervision of a communications system which grew from one one-way system to nine two-way systems and includes the most modern EMS Multi-plex communications center; design of the first traffic signal system and supervising design and implementation of the present computerized system; and important contributions to the location and design of the arterial highway system, including design of the Hunter Viaduct and suggestion of a location for Interstate 581 and the Southwest Expressway; WHEREAS, Mr. Sink has also served his Nation in an exemplary fashion, serving in the Armed Forces from 1941 to 1945'during which time he participated in the planning of the D-Day Invasion and the landing and rose to the rank of Captain, and, after World War II, Mr. Sink continued his service in the Virginia National Guard from which he retired with the rank of Brigadier General in 1973; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Council adopts this means of recognizing the very meritorious service and outstanding achievements of J. D. Sink, Director of Public Works, during his 44 years of service to the City of Roanoke and during his service in the Armed Forces of this Nation: and 2. That the City Clerk is directed to transmit to Mr. Sink an attested copy of this Resolution of appreciation on behalf of the Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1979. No. 24747. AN ORDINANCE repealing Section 3 of Chapter 1, Planning Commission, of Title XVI, Plannin~ and Subdivisions, of the Code of the City of Roanoke (1956), as amended, in order to permit members of the Planning Commission to serve on the Architectural Review Board; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 3 of Chapter 1, Planning'Commission, of Title XVI, Plannin~ and Subdivision~ of the Code of the City of Roanoke (1956), as amended, be and is hereby REPEALED. 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 401 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1979. No. 24748. AN ORDINANCE amending and reordaining Section 5 of Chapter 4, The Council, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, in order to permit members of the Planning Commission to serve on the Architectural Review Board; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 5 of Chapter 4, The Council, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, is hereby amended and reordained to read and provide as follows: Section 5. Multiple memberships. No member of the School Board, Planning Commission, Board of Zoning Appeals or Personnel and Employment Practices Commission shall serve on any other permanent board, commission, authority or committee the membership of which is appointed solely by the Council, except that not more than two members of the Planning Commission may serve on the Architectural Review Board. Notwithstanding any other provision of this Code, except as hereinabove stated, there shall be no prohibition on the appointment of any otherwise eligible person to two or more permanent boards, commissions, authorities or committees appointed by Council. This section shall have no application to ad hoc boards, commissions, authorities or committees appointed by the Council, the City Manager or any other Council-appointed officer. 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 9th day of July, 1979. No. 24750. 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 - 7) ..' ....................... $48,159.59 REVENUE Title XX Receipts (8) ................................... 48,159.59 (1) Net increase (A01154020060) (2) Net mncrease (A01154020061) (3) Net mncrease (A01154020063) (4) Net ~ncrease (A01154020066) (5) Net mncrease (A01154020067) (6) Net mncrease (A01154020068) (7) Net increase (A01154020069) (8) Net increase (R01100301) $ 6,238.46 458.34 16,161.14 9,749.66 486.96 13,873.54 1,191.49 48,159.59 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST:/~X~ ~ ~. 4O2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1979. No. 24751. 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 - 5) ......................... $86,943.38 REVENUE Title XX Receipts (6) ................ ~ .................. 86,943.38 (1) Net increase (A01154020060) (2) Net increase (A01154020061) (3) Net increase (A01154020063) (4) Net ~ncrease (A01154020066) (5) Net ~ncrease (A01154020068) (6) Net mncrease (R01100301) $11,576.40 1,250.69 1,390.44 24,087.24 479.02 38,783.79 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1979. No. 24752. AN ORDINANCE accepting the proposal of Lynchburg Foundry 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, 1979, and ending June 30, 1980; authorizing the proper City officials to execute the requisite contract or purchase orders; rejecting all 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 Lynchburg Foundry Company, for furnishing and supplying to the City certain quantities of various sizes of ductile iron pipe, in full accordance with the City's plans and specifications, and during the periods of time mentioned in said specifications, for the unit prices as follows: Description 100 L.F. - 3" pmpe, mechanical joint 100 L.F. - 4" pmpe, mechanical joint 1,000 L.F. - 4" pipe, push-on joint 100 L.F. - 6" pzpe, mechanical Joint 2,000 L.F. - 6" pmpe, push-on joint 200 L.F. - 8" p~pe, mechanical joint 3,000 L.F. - 8" pmpe, push-on joint 500 L.F. - 12" pipe, mechanical joint 26,200 L.F. - 12" pipe, push-on joint 100 L.F. - 16" pipe, mechanical joint 11,000 L.F. - 16" pipe, push-on joint 5,300 L.F. - 20" pipe, push-on joint Unit Price Per L. F. $ 3.85 4.20 3.95 4.90 4.53 6.62 6.16 10.91 10.20 15.18 13.84 18.19 said prices to be subject to the escalation, clause contained in the aforesaid proposal and said pipe to be delivered f.o.b., Roanoke, Virginia, which proposal is on file in the Office of the City's Manager of Purchasing and Materials Control, be and said proposal is hereby ACCEPTED; 2. That the City Manager be and he is hereby authorized and directed, for and on behalf of the City, to execute a requisite contract with the aforesaid bidder, incorporating therein the aforesaid specifications, said bidder's proposal and the provisions of this ordinance, the form of which said contract shall be approved by the City Attorney; or in lieu of such contract, that the City's Manager of Purchasing and Materials Control, with the approval of the City Manager, issue, from time to time, purchase order to the aforesaid supplier for supply to the City of needed quantities of such pipe, such purchase orders, likewise, to have incorporated therein the above- mentioned specifications and to be, otherwise, consistent with the provisions of this ordinance; 3. That 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; 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 9th day of July, 1979. No. 24753. 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, 1979 and ending June 30, 1980, 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 as follows: 1. That the respective bids (a) of Allied Chemical Corporation, to furnish to the City liquid alum for sewage treatment at the unit price of $92.20 per ton, net, f.o.b, destination; (b) of Allied Chemical Corporation, to furnish to the City standard ground alum for water treatment at the unit price of $165.95 per ton, net, f.o.b, destination; and (c) of Howerton-Gowen Chemicals, Inc. to furnish to the City liquid chlorine for water and sewage treatment at the unit price of $20.00 per CWT on 150 lb. cylinders and $11.00 per CWT on 2000 lb. cylinders, net, f.o.b, destination in accordance with the bidder's proposals and the City's specifications made therefor, for the period beginning July 1, 1979 and ending June 30, 1980, delivery to be made as ordered by the City's Manager of Purchasing and Materials Control, are hereby ACCEPTED; 2. That 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. That the other bids received by the City for the supply of these chemicals are REJECTED; and the City Clerk will notify the other bidders and express to each the City's apprecia- tion 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 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 July, 1979. No. 24755. A RESOLUTION expressing the intent of Council with respect to annexed citizens who have been paying the higher Roanoke County and/or Roanoke County Public Service Authority rates for water and sewer service since January 1, 1976. 404 WHEREAS, this Council has evidenced an intent to approve a contract between the City of Roanoke and the County of Roanoke and Roanoke County Public Service Authority relating to the exchange of certain water and sewer lines, exchange of certain water and sewer customers and pro- viding for the sale of bulk water to the County by the City for period of thirty (30) years; WHEREAS, pursuant to this contract, all persons annexed to the City as of January 1, 1976, will become City water and sewer customers and begin to enjoy the lower City rates as soon as it is administratively possible to accomplish this objective; THEREFORE, BE IT RESOLVED by the Council of Roanoke that it is the intent of this Council to take appropriate action to put those persons who were annexed to the City as of January 1, 1976, and who have been receiving water and sewer service from Roanoke County and/or the Roanoke County Public Service Authority in the approximate position, insofar as possible, that such persons would have been in had they been receiving water and sewer service from the City of Roanoke since January 1, 1976. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1979. No. 24745. AN ORDINANCE to amend and reordain Section 10, C-3 central business district, and Section 13, LM light manufacturing district, 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 amende¢ to allow dwelling units above the ground floor in structures as a permitted principal use and structure in the C-3 Central Business District, and to prohibit the same in the LM Light Manufacturin District. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 10, C-3 central business district, of Chapter 4.1 Zoning, of Title XV, Construction~ Alteration and Use of Landi'BUildings and Other Structures, of the Code of the City of Roanoke (1956), as amended, be amended by and reordained with the addition of a new paragraph numbered 4 in the subsection entitled "Permitted principal uses and structures", to read and provide as follows: Dwelling units, but only when they are located above the ground floor of an otherwise permitted structure. 2. That Section 13, LM light manufacturing district, 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 amended in the subsection entitled "Permitted principal uses and structures" and be reordained to read and provide as follows: Any use permitted in IDM, and, in addition, any use permitted in C-2, C-3, and C-4 districts, except residential dwellings. ATTEST: City Clerk APPROVED Mayor 405 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1979. No. 24746. AN ORDINANCE amending 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, by adding new sections 33.3 through 33.7, authorizing the creation of historic districts, establishing regulations therefor, establishing an Architectural Review Board, specifying the circumstances under which Council's decisions in regard to historic district regulations may be appealed, and defining further the rights of property owners within historic districts. BE IT ORDAINED by the Council of the City of Roanoke as follows: That 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 chapter is hereby amended to include new sections 33.3 through 33.7, to read and provide as follows: Section 33.3. H-1 Historic district; intent; official zoning map. 1. Intent: The designation of historic districts is intended to call attention to the architectural, cultural and historic importance of certain landmarks, buildings and structures, and areas within the City, to encourage their preservation, protection and maintenance, and the development and maintenance of appropriate settings and environment for such landmarks, buildings and structures, and areas. To this end, an Architectural Review Board is hereinafter created, the purpose of which shall be to protect designated historic landmarks, buildings and structures, and historic areas against destruction or the encroachment of architecturally incompatible buildings and structures, including signs. 2. The City Council may, in the manner provided for amending, supplementing or changing this Chapter, including the schedule of district regulations and the official zoning map, designate as an historic district appropriate areas: a. adjacent to landmarks within the city designated as historic by the Virginia Historic Landmarks Commission; b. adjacent to any other buildings or structures within the City having important historic, architectural or cultural interest; c. containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation. 3. Any historic district designated by City Council as provided for above shall be shown as an overlay to the existing underlying district on the Official 1976 Zoning Map, City of Roanoke, as amended; as such, the provisions in this chapter for historic districts shall serve as a supplement to the underlying zoning district regulations. Any historic district designated as provided for above shall be placed as an overlaying district on the Official 1976 Zoning Map in the manner set forth in Section 3 of this chapter for amending such Map. Where a conflict exists between the provisions of this Chapter relating to historic districts and those of any underlying zoning districts, the more restrictive provisions shall apply. Section 33.4 Historic district regulations; certificate of appropriateness. 1. No building or structure, including signs, shall be erected, reconstructed, altered or restored within any historic district until a certificate of appropriateness for the same has been issued by the authority of the Architectural Review Board hereinafter provided for, or, on appeal, by the City Council, upon a finding that said erection, reconstruction, alteration or restoration is architecturally compatible with the historic landmarks, buildings or structures therein. Architectural compatibility shall be judged in terms, among other things, of a proposed structure's mass, dimensions, materials, color, ornamentation, architectural style, lighting, landscaping, projections, and aesthetic acceptability, as they relate to existing buildings and structures in a designated historic district. 406 2. No historic landmark, building or structure within any historic district shall be razed, demolished or moved until a certificate of appropriateness for the razing, demolition or moving thereof has been issued by the Architectural Review Board, or, on appeal, by the City Council after consultation with such Board. Before the Board issues such a certificate of appropriateness, it shall consider, among other things, whether it would have an adverse impact on the public interest, the effect upon the historic character of the district, its setting and environment, and the uniqueness of the landmark, building or structure. 3. Any property owner aggrieved by any decision of the Architectural Reveiw Board may present to the City Council a petition appealing such decision, provided such petition is filed within thirty (30) days after the decision is rendered by the Board. The City Council may reverse or modify the decision of the Architectural Review Board, in whole or in part, or it may affirm the decision of the Board. 4. Application for a certificate of appropriateness required by this section shall be made to the Office of City Planning on forms to be provided by said Office. 5. In such cases where certificates of appropriateness are required by this section, the City Building Commissioner shall issue no permit for the erection, reconstruction, alteration, restoration, razing, demolition or moving of any structure, building or sign until such certificate has been issued. Once the City Building Commissioner has issued such a permit, he shall routinely inspect the work being performed to insure compliance with the terms of the certificate of appropriateness. 6. Nothing in this section shall be construed to prevent the ordinary maintenance of any building or structure in an historic district which does not require a building permit, nor to prevent the demolition or razing of any structure or building which the City Building Commissioner certifies in writing is required for public safety because of an unsafe or dangerous condition. "Ordinary maintenance" within the meaning of this section shall include painting, provided that the color of a building or structure is not changed. 7. After a given district has been zoned historic, the Architectural Review Board hereinafter provided for may recommend to the City Planning Commission that this chapter be amended to provide for a more specific set of regulations to apply to that particular district. Such regulations may apply to such aspects of architectural design as site development, and to a structure or building's scale, form and modeling of its facade, roof form, materials and colors, landscaping, and the like. Section 33.5. Architectural Review Board; procedures. 1. There is hereby created an Architectural Review Board. The Board shall consist of not more than seven members appointed by majority vote of the Council for terms not to exceed four years. 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 one member shall be a registered architect, and at least one member shall be a person who has demonstrated knowledge of and interest in the history of the City. The City Clerk shall notify Council promptly if any vacancy occurs. Appointments to fill vacancies shall be for the unexpired term of the member whose term becomes vacant. Members of the Board shall hold no elected public office. 2. The Board shall elect from its membership a chairman and such officers as it deems necessary, who shall serve annual terms as such and who may suceed themselves. For the conduct of any hearing and the taking of any action, a quorum shall not be less than a majority of all the members of the Board. The Board may make, alter and rescind rules and forms for its procedures, consistent with the Charter and ordinances of the City and general laws of the Commonwealth. The Board shall keep a full public record of its proceedings, including minutes of its proceedings and other official actions, which shall be filed with the City Clerk. The Board shall submit a report of its activities to the City Council at least once each year. 3. The Board shall meet within thirty (30) days after notification by the Office of City Planning of an application for a certificate of appropriateness requiring action by the Board, but only after having given public notice of such meeting as provided for in Section 71 of this chapter. 4. The Board shall vote and announce its decision on any matter properly before it not later than thirty (30) days after the conclusion of the hearing on the matter unless the time is extended with the written consent of the applicant. The Board shall not reconsider any decision made by it, except as provided for herein. Having once considered an application, the Board shall not hear substantially the same application for one year. 5. Immediately upon approval by the Board or the City Council, on appeal, of any erection, reconstruction, alteration, restoration, or demolition, a certificate of appropriateness, signed by the secretary of the Board and bearing the date of issuance, shall be made available to the applicant. The Board or the City Council, on appeal, may set reasonable time limits within which such approved erection, reconstruction, alteration, restoration or demolition must be begun. The certificate of appropriateness shall expire if the said work is not begun within the time limit set. 6. In case of disapproval of the erection, reconstruction, alteration, or restoration of a building or structure, the Board shall briefly state its reasons in writing, and it may make recommendations to the applicant with respect to the appropriateness of the design, arrangement, texture, material, color, location, and the like of the building or structure involved. In case of disapproval accompanied by recommendations, the applicant may again be heard before the Board, if within ninety (90) days, he files an amended application that addresses the recommendations of the Board. Section 33.-6 Appeals. Any property owner aggrieved by any final decision of the City Council pursuant to Section 33.4 of this Chapter, may present to the Circuit Court of the City of Roanoke a duly certified petition setting forth the alleged illegality of the action of the City Council, provided such petition is filed within thirty (30) days after the final decision is rendered by the City Council. The filing of the said petition shall stay any action pursuant to the decision of the City Council pending the outcome of the appeal to the court, except that the filing of such petition shall not stay any action pursuant to the decision of the City Council if such decision denies the right to raze or demolish a historic landmark, building or structure. The court may reverse or modify the decision of the City Council, in whole or in part, if it finds upon review that the decision of the City Council is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the City Council. Section 33.7 Rights of property owners. 1. In addition to the right of appeal set forth in Section 33.6 of this Chapter, the owner of an historic landmark, building or structure, the razing or demolition of which is subject to the provisions of Paragraph 2 of Section 33.4 of this Chapter, shall have the right to raze or demolish such landmark, building or structure provided that: (a) he has applied to the City Council for such right; and (b) the owner has for the period of time set forth in the time schedule hereinafter contained and at a price not more than its fair market value, made a bona fide offer to sell such landmark, building or structure, and the land pertaining thereto, to the city, or to any person, firm, corporation, government or agency thereof, or political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the landmark, building or structure and the land pertaining thereto, and <c) no bona fide contract binding upon all parties thereto, shall have been executed for the sale of any such landmark, building or structure, and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time schedule hereinafter contained. 2. The time schedule for offers to sell shall be as follows: (i) three months when the offering price is less than twenty-five thousand dollars; (ii) four months when the offering price is twentY-five thousand dollars or more but less than forty thousand dollars; (iii) five months when the offering price is forty thousand dollars or more but less than fifty-five thousand dollars; (iv) six months when the offering price is fifty-five thousand dollars or more but less than seventy-five thousand dollars; (v) seven months when the offering price is seventy-five thousand dollars or more but less than ninety thousand dollars; and (vi) twelve months when the offering price is ninety thousand dollars or more. 3. Before making a bona fide offer to sell, as provided herein, an owner shall first file a statement with the Office of City Planning identifying the property, stating the offering price, the date the offer of sale is to begin, and the name of the real estate agent, if any. No time period as set forth in the schedule above shall begin to run until such statement has been filed. Within fourteen (14) days of receipt of a statement, the Office of City Planning, shall distribute copies to the City Council, the City Planning Commission, and the City ManaRer. 407 408 ATTEST: 4. In order to fall within the provisions of this section, an offer to sell must be made within one year after a final decision by the City Council. Thereafter, in order to raze or demolish an historic landmark, building or structure, an owner must renew his request to the City Council to approve such razing or demolition. 5. Any appeal taken pursuant to Section 33.6 of this Chapter shall not affect the right of the owner of an historic landmark, building or structure to make the bona fide offer to sell referred to above. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1979. No. 24749. AN ORDINANCE amending and reordaining Section 18, Rates - Schedule, of Chapter 1, Taxicabs and Other Vehicles for Hire, of Title XIX Transportation, of the Code of the City of Roanoke (1956), as amended, to provide that taxicab and for-hire automobile rates will be established by ordinance of Council, setting forth other terms and conditions applicable to such rates and establishing these rates for such service rendered on and after August 2, 1979. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 18, Rates - Schedule, of Chapter 1, Taxicabs and Other Vehicles for Hire, of Title XIX, Transportation, of the Code of the City of Roanoke (1956), as amended, shall be amended and reordained as follows: Section 18. Rates - Taxicab and For-hire Automobiles. (a) The rates for taxicab and for-hire automo- bile service within the city shall be such as are established from time to time by ordinance of the Council of this City. No different rates shall be charged or collected for such service. (b) The rates to be charged and collected for taxicab service shall be determined by accurate taximeters. (c) The rates to be charged and collected for for-hire automobile service shall be determined by accurate odometers. (d) Waiting time shall include the time the vehicle is stopped in traffic or stopped at the direction of the passenger. It shall also include time when the vehicle slows to a speed at which the charges under the distance rates are less than the charge for the time rates. Waiting time shall not include the first three minutes after the vehicle has arrived at the destination to which it was called. (e) When calls to a place of pick up are made to a taxicab or for-hire vehicle located at a stand, no charge shall be made until the taxicab or for-hire automobile arrives at the point of pick up. (f) When a charge is made for waiting time, there shall be no charge for mileage. 2. That, effective on August 2, 1979, the rates for services rendered by taxicabs and for-hire automobiles shall be as follows: A. Distance Rates: (i) For the first one-fourth mile or fraction thereof, ninety cents. (ii) For each additional one-fourth mile or fraction thereof, twenty cents. 4O9 ATTEST: B. Time Rates: For each one minute of waiting time, twenty cents. C. Extra Passengers: For each additional passenger, twenty cents. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1979. No. 24754. AN ORDINANCE authorizing a certain contract between the City of Roanoke and the County of Roanoke and Roanoke County Public Service Authority relating to exchange of certain water and sewer lines, exchange of certain water and sewer customers and providing for sale of bulk water to the County by the City and upon other terms and conditions. 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, for and on behalf of the City of Roanoke, to execute and attest, respectively, a contract between the City and the County of Roanoke and Roanoke County Public Service Authority, copies of which are on file in the Office of the City Clerk, providing for the conveyance by the County to the City of certain water and sewer lines and wells and well lots lying in the City, conveyance by the City to the County of certain water and sewer lines located within the County, exchange of certain water and sewer customers, retention of certain joint-use rights by each party in certain sewer lines lying in the territory of the other party, payment by the City of consideration of $946,833.00, sale of bulk water to the County by the City at a rate to be determined by a certain formula, and establishin a term of thirty (30) years with automatic renewal for successive terms of five (5) years unless notice of termination be given and upon such other terms and conditions as are provided therein; and 2. That the form of such contract 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 July, 1979. No. 24756. AN ORDINANCE repealing Section 13, Overnight hangar storage, and Section 14, Monthly parking charges, of Chapter 5, Airport, of Title VIII,'Public Buildings and Property, of the Code of the City of Roanoke (1956), as amended; amending and reordaining Section 6, Fee for use of field generally by fixed base operators; Section 7, Fee for use of field for passenger service by fixed base operators; Section 8, Fee for use of field by temporary transients; commercia]; Section 9, Fee for parking or tying down of certain transient aircraft; Section 10, Fee for other commercial users; Section 11, Hangar and miscellaneous building rentals; Section 12, Ground rental for small buildings; Section 15, Terminal building rates; Section 16, Fees for use of public address system; Section 17, Fee for use of interoffice communications; Section ]8, Limousine service; Section 20, Automobiles for hire; and Section 21, Land lease, of Chapter 5, Airport, of Title VIII, Public Buildings and Property, of the Code of the City of Roanoke (1956), as amended, to provide that these charges for the use of facilities at Roanoke Municipal Airport, Woodrum Field, will be established by ordinance of Council; and establishing such charges. WHEREAS, in order to provide revenue for the necessary operation, maintenance and improvemen of the Roanoke Municipal Airport, Woodrum Field, it is incumbent upon this Council to make appropriate adjustments to the charges for the use of its facilities. 410 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 13, Overnight hangar storase, and Section 14, Monthly parkin~ charges, of Chapter 5, Airport, of Title VIII, Public Buildings and Property, of the Code of the City of Roanoke (1956), as amended, are hereby REPEALED; 2. That Section 6, Fee for use of field ~enerally by fixed base operators; Section 7, Fee for use of field for passenger service by fixed base operators; Section 8, Fee for use of field by temporary transients; commercial; Section 9, Fee for parking or t¥in~ down of certain transient aircraft; Section 10, Fee for other commercial users; Section 11, Han~ar and miscellaneous buildin8 rentals; Section 12, Ground rental for small buildings; Section 15, Terminal building rates; Section 16, Fees for use of public address system; Section 17, Fee for use of interoffice communica- tions; Section 18, Limousine service; Section 20, Automobiles for hire; and Section 21, Land lease, of Chapter 5, Airport, of Title VIII, Public Buildings and Property, of the Code of the City of Roanoke (1956), as amended, shall be amended and reordained, effective August 2, 1979, to read and provide as follows: Section 6. 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 such yearly privilege charge as is established from time to time by ordinance of the Council of this City for each business, agency or enterprise, which shall not be prorated and which shall be paid on or before the first day of July of each year; provided, that any such opera- tor commencing business on or after January first of any year shall pay such charge as is established from time to time by ordinance of the Council of this City for the privilege of operating through June thirtieth of such year. These charges may be superseded by special agreements approved by the City Council. Section 7. Fee for use of field for passenger service by fixed base operators. Ail owners or operators of fixed base aircraft using the airport commercially involving passenger use shall pay per occupant place including pilots in such aircraft, per month such charge as is established from time to time by ordinance of the Council of this City. The charge may be superseded by special agreements approved by the City Council. Section 8. 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 such charge as is established from time to time by ordinance of the Council of this City 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 section 6 of this chapter shall apply. Section 9. Fee for parking or tying down of certain transient aircraft. Ail owners or operators of transient aircraft not falling within the classifications set out in sections 6, 7 or 8 of this chapter shall pay per night to the City for each aircraft allowed to remain parked at the airport overnight such parking charge as is established from time to time by ordinance of the Council of this City, which shall entitle said aircraft to tie-down services if such latter service be requested or required. All other owners or operators of transient aircraft not falling within the classifications set out in sections hereinabove referred to shall, if tie-down service be requested or required, pay to the City such charge as is established from time to time by ordinance of the Council of this City for each such service. Section 10. 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, such charge as is established from time to time by ordinance of the Council of this City for each one thousand pounds, or fraction thereof, of the certifi- cated gross rated capacity of such aircraft (minimum charge as is established from time to time by ordinance of the Council of this City on all aircraft having over two passenger places); provided, however, that the charge established by this section 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 said airport; and provided, further, that 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, if such carrier shall submit monthly to the airport manager a written report of each daily landing of each aircraft of said carrier at said 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 section 9 of this chapter. 4J.J_ Section 11. Hangar and miscellaneousbuildin~ rentals. The charges for the use of hangar and miscellaneous buildings at the airport shall be as are established from time to time by the Council of this City. These charges may be superseded by special agreements approved by City Council. Section 12. Ground rental for small buildings. The charges for ground rental for small buildings at the airport shall be such as are established from.time to time by ordinance of the Council of this City. These charges may be superseded by special agreements approved by the City Council. Section 15. Terminal buildin~ rates. (a) The charges for rental of space in the terminal building shall be such as are established from time to time by ordinance of the Council of this City. (b) The charges for rental of enclosed passenger departure rooms and adjoining airline storage and ramp personnel rooms shall be such as are established from time to time by ordinance of the Council of this City, to 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. (c) VIP lounge and conference room: Those persons or businesses not conducting fixed base operations at the airport and/or not using the fol- lowing 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 established from time to time by ordinance of the Council of this City. These charges may be superseded by special agreements approved by the City Council. Section 16. Fees for use of public address system. Each person, firm or corporation using the public address or paging system, now installed in said terminal building, shall pay for such facilities such charge as is established from time to time by ordinance of the Council of this City, per month for each drop or microphone connection to said system, required by such person, firm or corporation, said microphones and connections to be installed and maintained by the City and to remain the property of said City. Section 17. Fees for use of interoffice communications. Each person, firm or corporation using the interoffice communication facilities, now or hereafter installed in the terminal building, shall pay such charge as is established from time to time by ordinance of the Council of this City per month for each intercommunication unit required by such person, firm or corporation to be connected to such system, such units to be installed and maintained by the City and to remain the property of the City. Section 18. 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 such monthly charge, payable on or before the tenth day of each month, for each assigned ready car space as is fromtime to time established by ordinance of the Council of this City, in addition to a monthly charge equal to ten per cent (10%), 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. Section 20. 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 chapter, for each assigned ready car space such monthly charge as is from time to time established by ordinance of the Council of this City, in addition to a monthly charge equal to ten per cent (10%) of the gross revenue derived from all such business originating at the airport~ Payment shall be made to the airport manager prior to the tenth for the month pre- ceding supported by a statement in writing certified under oath. 412 Section 21. Land lease. The charge for ground rental of large tracts of unused land at the airport shall be such as is from time to time established by ordinance of the Council of this City. 3. That, effective August 2, 1979, the charges for use of facilities at Roanoke Municipal Airport, Woodrum Field, with respect to those uses set out in Sections 6, 7, 8, 9, 10, 11, 12, 15, 16, 17, 18, 20 and 21, of Chapter 5, of Title VIII, of the Code of the City of Roanoke (1956), as amended, shall be as set out on Exhibit "I" attached hereto and incorporated herein by reference, in addition to other charges herein imposed. EXHIBIT I Exhibit I to Ordinance Establishing Charges for Use of Facilities at Roanoke Municipal Airport, Woodrum Field SECTION SECTION 6 - Use of field by fixed base operators (after January 1st of any year) SECTION 7 - Use of field for passenger service by fixed base operators SECTION 8 - Field use by temporary transients; commercial SECTION 9 - Parking and tying down of certain transient aircraft (all other owners/operators) SECTION 10- Other commercial users SECTION 11- Hangar and miscellaneous building rentals: (a) Individual hangars in buildings #11 and #12 (b) Individual hangar offices in building #11 (c) Individual hangar offices in building #12 (d) Quonset hangar buildings #13, #14, #15, and #16 (e) Hangar buildings #17, #18, #19 and #20 (f) Office in hangar building #18 (g) Hangar building #2 (h) Hangar building #3 (i) Cargo building, building #5 with docking use (j) Building 6 and 7, without utilities SECTION 12- Ground rental for small buildings SECTION 15- Terminal building rates: (a) Main floor, lobby area: (1) Floor space bounded by wall (2) Open floor space not bounded by wall FEE 240.00 120.00 4.80 10.00 2.50 1.20 .50 per 1000 lbs. Min. Ch. - $ 3.00 36.00 per month 18.00 per month 39.00 per month 150.00 or $0.054 per sq. ft. per month 300.00 or $0.09 per sq. ft. per month 60.00 per month 360.00 or $0.072 per sq. ft. per month 400.00 or $0.072 per sq. ft. per month .46 sq. ft. per month .075 sq. ft. per mo. or $250 per month complete 25.00 min. per mo. or .07 sq. ft. 600.00 per yr. plus 9.00 sq. ft. in exces~ of 64 sq. ft. 600.00 per yr. plus 14.40 sq. ft. in excesl of 42 sq. feet (b) Main floor 8.40 per sq. ft. ATTEST: SECTION (c) Enclosed passenger departure rooms and adjoining airline storage and ramp personnel room (d) Second Floor (e) Basement (f) VIP Lounge: First four (4) hours Ail over four (4) hours Maximum per 24 hour period (g) Conference Room First four (4) hours All over four (4) hours Maximum per 24 hour period (h) VIP lounge and conference room in conjunction with food catered from airport restaurant for at least 15 persons: First four (4) hours Over four (4~ hours (VIP Lounge) (Conference Room) SECTION 16- Use of public address system SECTION 17- Use of interoffice communications SECTION 18- Limousine service - Assigned ready car space; see Code section for additional charge. SECTION 20- Automobiles for hire - Assigned ready car space; see Code section for additional charge SECTION 21- Land Lease - Ground rental of large tracts of unused land at the airport. APPROVED FEE 7.74 per sq. ft. perannum of floor space areas 7.20 per sq. ft. per year 2.40 per sq. ft. per year 9.60 4.80 per hr. 24.00 12.00 6.00 per hr. 36.00 No Charge 3.60 per hr. 4.80 per hr. 12.00 9.00 7.50 7.50 20.00 per acre City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1979. No. 24757. AN ORDINANCE amending the Airport Use Agreement dated April 1, 1978 between the City and Piedmont Aviation, Incorporated as amended by instrument dated May 30, 1979, to add 518.95 square feet formerly occupied by Allegheny Airlines to the terminal space under lease, 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 Airport Advisory Commission dated June 22, 1979 and approves and authorizes the amendment of the Airport Use Agreement dated April 1, 1978 (the Agreement) between the City and Piedmont Aviation, Incorporated as amended by instrument dated May 30, 1979, to add 58.95 square feet formerly occupied by Allegheny Airlines to the terminal space under lease at a rental of $6.06 per square foot per annum; 2. That this Council approves amendment of the Agreement in the following respects: (a) To Part B, numbered paragraph 1, the following subparagraph is added after subparagraph (g): (h) 518.95 square feet of counter and office space in the Terminal Building as shown on Sketch #3A, attached hereto. (b) To Part B, numbered paragraph 2, the following subparagraph is added after subparagraph (g): (h) For the 518.95 square feet of counter and office space in the Terminal Building as shown on Sketch #2A, $6.06 per square foot per annum. 41,3 414 (c) To Part B, numbered paragraph 4, after the letter and symbols ,(g)" and before the word "of" in the second line of that paragraph, is added the letters and symbols "and (h)." (d) In all other respects, the agreement is amended mutatis mutandis in light of the above specific amendments. 3. That the City Manager is authorized and directed to execute deliver a written amendment to the Agreement containing the terms and conditions set out above, said document to be 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 July, 1979. No. 24758. A RESOLUTION appointing a member of the Local Board of Virginia Western Community College for a four-year term of Office on said Board, commencing July 1, 1979. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Warner N. Dalhouse, a resident of the region served by Virginia Western Community College and representative of the commercial, industrial and professional interests and activities of this City and of such region, be and is hereby reappointed as a member of the Local Board of Virginia Western Community College for a four-year term of Office commencing July 1, 1979, and terminating June 30, 1983; 2. That the City Clerk is directed to transmit to the above-named appointee, to the President of Virginia Western Community College, and to the State Board for Community Colleges an attested copy of this resolution. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1979. No. 24759. A RESOLUTION appointing a member of the Local Board of Virginia Western Community College for a four-year term of Office on said Board, commencing July 1, 1979. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Willis M. Anderson, a resident of the region served by Virginia Western Community College and representative of the commercial, industrial and professional interests and activities of this City and of such region, be and is hereby appointed as a member of the Local Board of Virginia Western Community College for a four-year term of Office commencing July l, 1979, and terminating June 30, 1983; 2. That the City Clerk is directed to transmit to the above-named appointee, to the President of Virginia Western Community College, and to the State Board for Community Colleges an attested copy of this Resolution. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1979. No. 24760. 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 Treasurer #405 (1) ............................. $236,838.00 Contingencies #1880 (2) ............................. 663,688.00 REVENUE Grants-in-Aid Commonwealth (3) .................... $9,787,369.00 (1) Net increase (A01040510002) (2) Net decrease (A01188072006) (3) Net increase (R01064901) $4,691.00 2,345.00 2,346.00 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 July, 1979. No. 24761. 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 Director of Public Works #1601 (1,2) ........ · .............. $ 223,552.00 Building Maintenance #1664 (3 - 12) ....................... 2,539,169.00 Utility Line Facilities #1605 (13 - 24) ................... 1,268,502.00 (1) Net decrease (A01160130005) ......... $ 1,000.00 (2) Net decrease (A01160130010) ......... 200.00 (3) Net decrease (A01166410002) ......... 109,268.00 (4) Net decrease (A01166410003) ......... 11,785.00 (5) Net decrease (A01166425563) ......... 33,500.00 (6) Net decrease (A01166430030) ......... 3,372.00 (7) Net decrease (A01166430050) ......... 709.00 (8) Net decrease (A01166421005) ......... 2,000.00 (9) Net decrease (A01166421010) ......... 3,461.00 (10) Net decrease (A01166421015) ......... 170.00 (11) Net decrease (A01166421025) ......... 3,722.00 (12) Net decrease (A01166421030) ......... 138.00 (13) Net increase (A01160530005) ......... 1,000.00 (14) Net increase (A01160530010) ......... 200.00 (15) Net increase (A01160510002) ......... 109,268.00 (16) Net increase (A01160510003) ......... 11,785.00 (17) Net increase (A01160530053) ......... 33,500.00 (18) Net increase (A01160530030) ......... 3,372.00 415 (19) Net increase (A01160530050) i ......... $ (20) Net increase (A01160521005) ......... (21) Net increase (A01160521010) ..... ;... (22) Net increase (A01160521015) ......... (23) Net increase (A01160521025) ......... (24) Net increase (A01160521030) ......... 709.00 2,000.00 3,461.00 170.00 3,722.00 138.00 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 23rd day of July, 1979. No. 24762. 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) .................................. $ 712,946.00 REVENUE Grants-in-Aid Commonwealth (2) ....................... 9,788,037.00 (1) Net increase (A01158530047) $668.00 (2) Net increase (R01066401) 668.00 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 July, 1979. No. 24763. A RESOLUTION authorizing the City Manager to accept certain grants-in-aid for libraries approved by the State Library Board and to execute the requisite documents to enable the City to receive such grants-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 certain grants-in-aid for libraries in the total amount of $70,668.00 approved by the State Library Board, and to execute a certain document entitled "Authorization of Expenditure of State and Federal Aid Funds 1979-80" to enable the City to receive such grants-in-aid. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1979. No. 24764. AN ORDINANCE authorizing the City Manager to execute two Addenda to a contract between the City and Moore, Grover & Harper, PC, Architects and Planners, of Essex, Connecticut, dated May 18, 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 as follows: 1. That the City Manager and the City Clerk shall be authorized to execute and attest, respectively, Addendum 2 and Addendum 3 to a contract between the City and Moore, Grover & Harper, PC, Architects and Planners, of Essex, Connecticut, dated May 18, 1979, Addendum 2 to require the consultant to provide basic and additional landscape architectural design services for Roanoke City property adjacent to the proposed Blue Cross-Blue Shield of Southwestern Virginia building site at the corner of Jefferson Street and Franklin Road in the City and Addendum 3 to require the consultant to provide basic and additional landscape architectural design services for the Roanoke City property that extends from the Blue Cross-Blue Shield site 130 feet to the east and to create a green belt from Franklin Road to Bullitt Avenue; 2. That the maximum compensation to ¥~ore, Grover & Harper, PC, for the two Addenda shall be a total of $42,108.00; 3. That the form of such Addenda 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 23rd day of July, 1979. No. 24765. AN ORDINANCE to amend and reordain certain sections of the 1979-80 Grant Program Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of 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 Program Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS CETA #7826 (1 - 6) ............................... $1,087,038.47 CETA #7807 (7) ................................... 764,233.75 REVENUE CETA #7801 (8) ................................... $ 552,718.00 (1) Net increase (A35782625001) (2) Net increase (A35782625008) (3) Net decrease (A35782625007) (4) Net increase (A35782625010) (5) Net decrease (A35782625002) (6) Net decrease (A35782625006) (7) Net decrease (A35780712393) (8) Net increase (R3578010) $307,026.00 2,757.00 674.00 376,819.00 56,809.00 33,844.00 42,557.00 552,718.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: C~tv C] mr~ 417 418 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1979. No. 24766. AN ORDINANCE authorizing execution of the Delegation Agreement for the Fifth District Employment and Training Consortium, dated October 1, 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 as follows: 1. That the Mayor and the City Clerk be, and they are hereby authorized to execute and attest, respectively, on behalf of the City of Roanoke, the Delegation Agreement for the Fifth District Employment and Training Consortium, dated October 1, 1979, a copy of which is on file in the office of the City Clerk, upon approval of the form of the contract by the City Attorney; and 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 23rd day of July, 1979. No. 24767. AN ORDINANCE to amend and reordain certain sections of the 1979-80 Grant Program Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of 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 Program Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS C.D.B.G. #6805 (1 - 10) ................................. $ 2,308,000.00 REVENUE C.D.B.G. (11) ........................................... 11,456,000.00 (1) Net increase (A35680590501) (2) Net increase (A35680592601) (3) Net increase (A35680592901) (4) Net increase (A35680595001) (5) Net mncrease (A35680595080) (6) Net mncrease (A35680595081) (7) Net mncrease (A35680597001) (8) Net ~ncrease (A35680598001) (9) Net increase (A35680598701) (10) Net increase (A35680598801) (11) Net mncrease (R35684621) 860,000.00 255,000.00 255,000.00 275,000.00 2,800.00 45,000.00 100,000.00 68,200.00 387,000.00 60,000.00 2,308,000.00 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 July, 1979. No. 24768. 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 condi- tions 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 as follows: 1. That 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 28, 1979, of a grant of Federal funds under Title I of the Housing and Community Development Act of 1974 (Public Law 93-383) amounting to $2,308,000.00 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. That 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; and 3. That upon execution of the City's acceptance of said offer and execution of agreement to the terms and conditions incorporated therein, the original and one copy of the aforesaid documenl be forwarded to the Richmond Area Office of the Department of Housing and Urban Development, togethe~ with attested copies of this resolution, and one copy be forwarded to the City of Roanoke Redevelop- ment 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 23rd day of July, 1979. No. 24769. 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-79-MC-510020 under the Community Development Act; 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 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 23, 1979, and drawn as a Contract for Services under the Community Development Program Grant No. B-79-51-0020, between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke, to be retroactive to include program activities carried out since July 1, 1979, 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; provided the form of said contract, otherwise, be 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 41.!_9 420 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1979. No. 24770. AN ORDINANCE to amend and reordain Section 16, Definition of srievance, of Chapter 13.01, Personnel-Management Relations, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, adding to the definition of grievance complaints of discrimination based on national origin and political affiliation; adding.a new Section 16.1, Management responsibilities, consolidating present Section 12 of the same Chapter and Title and provisions of present Section 16 as to what is not grievable; repealing Section 12 of the same Chapter and Title relating to management rights; amending and reordaining Section 18 of the same Chapter and Title to provide that management employees engaged in department-wide policy determinations may grieve only as to dismissal; amending and reordaining Section 19 of the same Chapter and Title with respect to who may be present at the various steps of the grievance procedure; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 12, Management Rights, of Chapter 13.01, Personnel-Management Relations, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, be and said section is hereby REPEALED; 2. That Sections 16, Definition of grievance, 18, Coverage of personnel, and 19, Minimum grievance procedure steps, of Chapter 13.01, Personnel-Management Relations, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, be and said sections are hereby amended and reordained so as to read and provide as follows: Section 16. Definition of grievance. (a) A grievance shall be a complaint or dispute by an employee relating to his or her employment, including but not necessarily limited to: (1) Disciplinary actions, including dismissals, demotions and suspensions; (2) The application or interpretation of personnel policies, procedures, rules and regulations, including the application of policies involving matters referred to in Section 16.1(c) of this Chapter; (3) Acts of reprisal as the result of utilization of the grievance procedure; and (4) Complaints of discrimination on the basis of race, color, creed, national origin, sex, age, physical handicap or political affiliation. (b) Once an employee reduces his grievance to writing he must specify on the appropriate form the specific relief he expects to obtain through use of this procedure. Section 18. Coverage of Personnel. All permanent classified city personnel, excluding probationary employees, are eligible to file grievances except for: (a) Those appointees of elected groups or individuals; (b) Directors, department heads and managerial employees having supervisory authority over department managers, including the staff of the City Manager's Office, except secretarial and clerical personnel; (c) Any law enforcement officer as defined in Chapter 10.1 of Title 2.1 of the Code of Virginia (1950), as amended, whose grievance is subject to the provisions of Chapter 10.1 of Title 2.1, supra, and who has elected to proceed pursuant to Chapter 10.1 of Title 2.1, supra, in the resolution of his grievance; and (d) Managerial employees who are engaged in department-wide policy determinations, except that such managerial employees below the department head level may file grievances regarding disciplinary actions limited to dismissals. Employees of the director of human resources not otherwise excluded shall be included in the City's grievance procedure. Constitutional officers' employees shall not have access to the City's grievance procedure, and such employees are excluded from the City's personnel system unless their inclusion in such personnel system is agreed to by both the constitutional officer and the City as evidenced by appropriate resolution. Section 19. Minimum grievance proceduresteps. The City Manager shall by regulation establish a grievance procedure for all eligible employees which shall include not more than four steps for airing complaints at successively higher levels of management and a final step providing for a hearing before a panel of the Personnel and Employment Practices Commission. (a) The first step shall provide for an informal, initial processing of employee complaints by the immediate supervisor through a nonwritten discussion format. (b) Management steps shall provide for a review with higher levels of management following the employee's reduction to writing of the grievance and the specific relief requested on forms supplied by the department of personnel management. (c) At the department manager step, the only persons who may be present are the grievant, one person representing the department management level and appropriate witnesses for each side. At the director and City Manager steps, the grievant, at his or her option, may have present a representative, of his or her choice. Personal face-to-face meetings are required at these steps. Management may have legal counsel or other representatives present during the third and fourth steps of the grievance procedure. (d) The grievance procedure shall prescribe reasonable time limitations for the grievant to submit an initial complaint and to appeal each decision through the steps of grievance resolution. Such limits shall correspond generally or be equivalent to the alloted time which is allowed the response in each comparable situation. (e) Failure by the grievant to comply with all substantial procedural requirements of the grievance procedure without just cause will terminate the right to further appeal. Failure of management to comply with all substantial procedural requirements of the grievance procedure without just cause will, at the option of the grievant, advance the grievant to the next step in the grievance resolution process. Failure of management, without just cause, to comply with all substantial procedural requirements of the final step of the grievance procedure shall result in a decision in favor of the grievant. 3. That Chapter 13.01, Personnel-Management Relations, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, be and said Chapter is hereby amended by the addition of a new section numbered 16.1 to read and provide as follows: Section 16.1 Management responsibilities. Management reserves the exclusive right to manage the affairs and operation of City government. Accordingly, the following complaints are nongrievable: (a) Establishment and revision of wages or salaries, position classifications or general benefits; (b) Work activity accepted by the employee as a condition of employment or work activity which may reasonably be expected to be a part of the job content; (c) The contents of ordinances, statutes or established personnel policies, personnel operating procedures, rules and regulations; (d) Failure to promote except where the employee can show established promotional policies or procedures were not followed or applied fairly; (e) The methods, means and personnel by which such work activities are to be carried on; (f) Termination, layoff, demotion or suspension from duties because of lack of work, reduction in work force, or job abolition; (g) The hiring, promotion, transfer, assignment and retention of employees; and (h) The relief of employees from duties in emergencies. 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; provided, however, all matters relating to grievances filed prior to the effective date of this ordinance shall be controlled and disposed of pursuant to the provisions in effect at the time of such filing. APPROVED ATTEST: City Clerk Mayor 422 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1979. No. 24771. AN ORDINANCE amending and reordaining subsections (a), (b) and (c) of Section 15, Exemption of certain taxes on property of certain elderiY and permanently and totally disabled persons, of Chapter 1, Current Taxes, of Title VI~'Taxation, of the Code of the City of Roanoke (1956), as amended, so as to provide that a dwelling jointly owned by a husband and wife may qualify if either spouse is elderly or disabled; to authorize a pro rata exemption in the event of a change in ownership to a spouse less than sixty-five years of age which resulted solely from the death of the qualified spouse; to allow the filing of an annual certification of financial condition for two out of three years after filing an affidavit of financial condition; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That subsections (a), (b) and (c) of Section 15, Exemption of certain taxes on property of certain elderly and permanently, and totally disabled persons, of Chapter 1, Current taxes, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, be and said subsections are hereby amended and reordained so as to read and provide as follows: Section 15. Exemption of certain taxes on property of certain elderly and permanently and tOtally disabled persons. (a) General provisions. The Commissioner of Revenue shall, upon application made and within limits as hereinafter provided, order exemption of tax on real prop- erty owned by and occupied as the sole dwelling house of a person or persons not less than sixty-five years of age or a person or persons less than sixty-five years of age determined to be permanently and totally disabled as defined in this section, upon the terms and conditions hereinafter set out. A dwelling jointly held by a husband and wife may qualify for exemption if either spouse is over sixty-five years of age or is disabled. (b) Financial Eligibility. To be eligible for such exemption, the total combined income during the immediately preceding calendar year from all sources of the owners and relatives of the owners living in the dwelling house on such property shall not exceed twelve thousand dollars, provided that the first four thousand dollars of income of each relative, other than spouse, of the owner, or owners, 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 thousand dollars. No person or persons receiving public assistance, other than medical assistance of any form, shall be eligible for the within provided exemption. A change in ownership to a spouse less than sixty-five years of age 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 exemp- tion by a fraction wherein the number of complete months of the year such property was properly eligible for such exemption is the numerator and the number twelve is the denominator. (c) Application for exemption. The owner or owners claiming such exemption shall file with the Commissioner of Revenue 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 twelve thousand dollars, provided that the first four thousand dollars of income of each relative, other than spouse, of the owner, or owners, who is living in the dwelling shall not be included in such total, and that the total combined net worth of such owners and relatives as of the thirty-first day of December of the immediately preceding calendar year did not exceed fifty thousand dollars. 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. Such affidavit or certificate shall be filed not later than the fifth day of February of each year; provided that the Commissioner of Revenue may permit the late filing of the affidavit required by this subsection for first-time applicants or the Commissioner may permit late filing of such affidavit for other than first-time applicants in hardship cases. The Commissioner of Revenue shall make such further inquiry of persons seeking such exemption as may be reasonably necessary in determining the qualifications therefor. Such further inquiries shall be answered under oath. The Commissioner of Revenue may also require the production of certified tax returns to establish the income or financial worth of an applicant for tax relief. 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 23rd day of July, 1979. No. 24772. AN ORDINANCE to amend and reordain Section 1, Special assessments for certain asricultural real estate, of Chapter 12, Special Use Assessment and Taxation for Certain Real Estate Devoted to Agricultural Use, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, by adding a new subsection (c) thereto requiring that all taxes on the subject land be paid before such exemption may be granted; to amend and reordain subsection (a) of Section 2, Applications, of Chapter 12, aforesaid, deleting the requirement of refiling an application when a change in acreage is a result of governmental action; to amend and reordain subsection (a) of Section 4, Roll-back Tax, of Chapter 12, aforesaid, establishing the rate of interest on such tax; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 1, Special assessments for certain agricultural real estate, of Chapter 12, Special Use Assessment and Taxation for Certain Real Estate Devoted to Agricultural Use, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, be, and said section is hereby amended by the addition of a new subsection (c) thereto to read and provide as follows: Section 1. Special assessments for certain agricultural real estate. (c) 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 delinquent. Upon the payment of all delinquent taxes, including penalties and interest, the application shall be treated in accordance with the provisions hereof. 2. That subsection (a) of Section 2, Applications, of Chapter 12, Special Use Assessment and Taxation for Certain Real Estate Devoted to Agricultural Use, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, be, and said subsection is hereby amended and reordained so as to read and provide as follows: Section 2. Applications. (a) Such application shall be on forms provided by the State Department of Taxation and supplied by the Assessor and shall include such additional schedules, photographs, and drawings as may be required by the Assessor. All record owners of the real estate described in the application shall execute such application; provided, however, an individual who is the owner of an undivided interest in a parcel may apply on behalf of himself and the other owners of such parcel upon submitting an affidavit that such other owners are minors or cannot be located. An application shall also be submitted whenever the use or acreage of such land previously approved changes, except when a change in acreage occurs solely as a result of a conveyance necessitated by governmental action or condemnation of a portion of any land previously approved for taxation on the basis of use assessment; provided, however, that such property owner or owners must revalidate annually with the Assessor any applications previously approved. An application fee of ten dollars ($10.00) per parcel plus ten (10) cents per acre or portion thereof contained in such parcel shall accompany each application for taxation on the basis of use assessment and each application required to be filed whenever the use or acreage of such land previously approved changes, such fee being payable to the City. A separate application shall be filed and separate fees shall be paid for each parcel appearing on the land book as a separate parcel. 423 4 2 Z!.. 3. That subsection (a) of Section 4, of Chapter 12, Special Use Assessment and Taxation for Certain Real Estate Devoted to Agricultural Use, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, be, and said subsection is hereby amended and reordained so as to read and provide as follows: Section 4. Roll-back Tax. (a) There is hereby imposed a roll-back tax, in an amount, if any, by which the tax paid or payable on the basis of the valuation, assessment and taxation under this section 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 years immediately preceding the year of the change, plus simple interest on such roll-back taxes at the same interest rate applicable to delinquent taxes. If in the tax year in which the change of use occurs, the real estate was not valued, assessed and taxed under this section, the real estate shall be subject to roll-back taxes for such of the five years immediately preceding in which the real estate was valued, assessed and taxed under this section. 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 23rd day of July, 1979. No. 24773. 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 Billings & Collections #409 (1) ....................... $ 300,445.00 Fringe Benefits #1810 (2, 3) .......................... 4,959,627.00 Contingencies #1880 (4) ............................... 671,033.00 (1) Net increase (A01040910002) (2) Net increase (A01181011005) (3) Net increase (A01181011010) (4) Net decrease (A01188072006) $17,338.00 2,800.00 1,196.00 21,334.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1979. No. 24774. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 Water Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Operating #2002 (1 - 4) ......................... $1,752,608.00 Water Pumping Station & Tanks #2010 (5 - 6) ............. 340,087.00 Water Purification #2015 (7 - 9) ........................ 380,405.00 Capital Outlay from Revenue #2401 (10 - 23) ............. 2,387,555.00 Capital Outlay from Bond Funds #2405 (24 -27) .......... 854,935.00 (1) Net increase (A02200220025) (2) Net increase (A02200230035) (3) Net increase (A02200230050) (4) Net ~ncrease (A02200241301) (5) Net mncrease (A02201025505) (6) Net increase (A02201025515) (7) Net increase (A02201525505) (8) Net increase (A02201525515) (9) Net increase (A02201530050) (10) Net mncrease (A02240190301) (11) Net ~ncrease (A0224019050i) (12) Net mncrease (A02240190801) (13) Net mncrease (A02240191201) (14) Net ~ncrease (A02240191501) (15) Net increase (A02240192101) (16) Net mncrease (A02240192201) (17) Net mncrease (A02240192701) (18) Net mncrease (A02240192901) (19) Net mncrease (A02240193001) (20) Net ~ncrease (A02240193101) (21) Net increase (A02240193201) (22) Net ~ncrease (A02240193301) (23) Net mncrease (A02240193401) (24) Net mncrease (A02240591101) (25) Net mncrease (A02240591201) (26) Net ~ncrease (A02240591301) (27) Net mncrease (A02240591401) -$ 342.00 37.00 83.00 7,200.00 18,187.00 583.00 4,134.00 3,594.00 333.00 215,725.00 2,437.00 6,313.00 76,784.00 2,000.00 14,034.00 13,590.00 278,126.00 450,665.00 183,000.00 73,000.00 15,000.00 7,000.00 15,600.00 55,225.00 45,452.00 144,603.00 609,655.00 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 July, 1979. No. 24775. 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 General Operating #2003 (1 - 8) .......................... $3,594,579.00 Capital Outlay from Revenue #2401 (9 - 13) ............... 4,811,928.00 Capital Outlay from Bond Funds #2405 (14 - 16) ........... 792,814.00 425 426 (1) Net increase (A03200321015) ................. $ (2) Net increase (A03200321027) ................. (3) Net increase (A03200325505) ................. (4) Net increase (A03200325515) ................. (5) Net increase (A03200325581) .................. (6) Net increase (A03200330050) ................. (7) Net increase (A03200341301) ................. (8) Net increase (A03200320010) ................. 250.00 24,775.00 49,911.00 17,500.00 15,130.00 19,293.00 4,80O.0O 46,100.00 (9) Net increase (A03240191001) ................. 1,000,000.00 (10) Net increase (A03240191101) ................. 387,140.00 (11) Net increase (A03240191201) ................. 1,916,731.00 (12) Net increase (A03240191301) ................. 100,000.00 (13) Net increase (A03240191401) ................. 300,000.00 (14) Net increase (A03240593201) ................. 365,793.00 (15) Net increase (A03240593301) ................. 314,721.00 (16) Net increase (A03240593501) ................. 112,300.00 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 July, 1979. No. 24776. AN ORDINANCE to amend and reordain certain sections of the 1979-80 Airport Fund Appropriation Ordinance, and providing for an emergency. ~EREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1979-80 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Operating #2004 (1) ............................ $1,126,929.00 Capital Outlay from Revenue #2401 (2 - 11) ............. 1,847,162.00 Capital Outlay from Bond Funds #2405 (12 - 13) ......... 405,595.00 (1) Net increase (A04200420010) (2) Net increase (A04240190901) (3) Net increase (A04240191202) (4) Net increase (A04240191203) (5) Net increase (A04240191501) (6) Net increase (A04240191603) (7) Net increase (A04240191610) (8) Net mncrease (A04240191801) (9) Net increase (A04240191901) (10) Net mncrease (A04240192001) (11) Net mncrease (A04240192002) (12) Net mncrease (A04240595450) (13) Net mncrease (A04240595201) $ 17,602.00 3,997.00 595,100.00 58,255.00 327,976.00 24,200.00 20,000.00 160,570.00 100,000.00 22,768.00 44,478.00 187,476.00 218,119.00 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 July, 1979. No. 24777. 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 General Operating #2005 (1 - 7) ................... $1,210,634.00 Capital Outlay from Revenue #2401 (8) ............. 71,431.00 (1) Net increase (A05200520010) (2) Net increase (A05200525505) (3) Net mncrease (A05200525515) (4) Net mncrease (A05200530005) (5) Net mncrease (A05200530030) (6) Net mncrease (A05200530045) (7) Net increase (A05200530050) (8) Net ~ncrease (A05240190015) $ 7,490.00 35,000.00 450.00 504.00 26.00 100,000.00 652.00 60,872.00 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 July, 1979. No. 24778. AN ORDINANCE creating a Department of City Information Systems in the Directorate of Administration and Public Safety, providing for the duties and responsibilities of such new Department and providing for an emergency. WHEREAS, the Audit Committee of City Council has recommended the creation of a new Department of City Information Systems in the Directorate of Administration and Public Safety; WHEREAS, Section 23 of the Charter of the City of Roanoke requires that Council approve by Ordinance the creation of new City departments; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager is hereby authorized to create a Department of City Information Systems, the mission of which will be information systems only thereby allowing the Department to be concentrated in one area of expertise, as soon as administratively possible; 2. That the Department of City Information Systems shall function under the management of a department head appointed by the City Manager; 3. That such Department shall have the following duties and responsibilities: a. establishment of data processing policies and procedures for City government; b. administration of all City data processing equipment and personnel; c. maintenance of the current information systems implementation plan; d. such other duties and responsibilities as are assigned by the City Manager; 427 428 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 23rd day of July, 1979. No. 24779. AN ORDINANCE to amend and reordain Section 1. Duties of officers and employees collecting or receiving money, of Chapter 2, Accounts, warrants and interest, of Title V, Finance, of the Code of the City of Roanoke (1956), as amended, so as to provide that all provisions of said section have application to the Commissioner of Revenue with respect to money received by him in payment of City taxes, licenses, or fees; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 1, DUties of officers and employees collecting or receiving mone~l, of Chapter 2, Accounts, warrants and interest, of Title V, Finance, of the Code of the City of Roanoke (1956), as amended, be, and said section is hereby amended and reordained to read and provide as follows: Section 1. Duties of officers and employees collecting or receiving money. (a) Each and every officer or employee of the City who collects or receives money for the account of the City and the Commissioner of Revenue with respect to money received by him in payment of City taxes, licenses and fees shall prepare a report at the end of each day of the items collected or received by him during the day. Each such report shall be addressed to the Director of Finance, shall be prepared in triplicate in such form and detail as the Director of Finance shall prescribe and shall contain a certificate signed by the reporting officer or employee that each and every amount collected or received by such officer or employee during the day for which it is made is reported therein. 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, retaining one copy for his files and return the original and the other copy to the reporting officer. The reporting officer shall deliver the original to the Director of Finance and retain the other copy for his files. (b) No officer or employee of the City who collects or receives money payable to the City or the Commissioner of Revenue with respect to money received by him in payment of City taxes, licenses or fees shall cash any check received by him, make any accommodation advance or cash any check as an accommodation for anyone out of any public money collected or received by him or accept any post-dated check in payment of any account payable into the treasury of the City. (c) Money which, by direction of the Director of Finance, shall have been deposited by an officer or employee of the City to the City's credit in any bank, or to the credit of any court of the City or the clerk thereof, shall be forthwith reported by such officer or employee to the City Treasurer and to the Director of Finance as above provided. No money shall be withdrawn from such bank account in the name of the City except as provided in Section 4 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 upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1979. No. 24780. 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 Manager #201 (1 - 4) ............................ $ City Information Systems #1325 (5 - 20) .............. Management Services #1326 (21 - 33) .................. 320,803.00 551,575.00 34,949.00 REVENUE Public Assistance (34) ............................... $4,685,468.00 Data Processing (35) ................................. 62,000.00 (1) Net increase (A01020110002) (2) Net increase (A01020123005) (3) Net increase (A01020123010) (4) Net increase (A01020130005) (5) Net decrease (A01132510002) (6) Net decrease (A01132510003) (7) Net decrease (A01132510005) (8) Net decrease (A01132520030) (9) Net decrease (A01132520035) (10) Net increase (A01132520055) (11) Net decrease (A01132521005) (12) Net decrease (A01132523005) (13) Net decrease (A01132523010) (14) Net decrease (A01132523015) (15) Net decrease (A01132525515) (16) Net decrease (A01132530005) (17) Net decrease (A01132530010) (18) Net decrease (A01132530084) (19) Net decrease (A01132530085) (20) Net decrease (A01132530086) (21) Net increase (A01132610002) (22) Net mncrease (A01132610003) (23) Net increase (A01132610005) (24) Net ~ncrease (A01132620030) (25) Net mncrease (A01132620035) (26) Net mncrease (A01132621005) (27) Net mncrease (A01132623015) (28) Net ~ncrease (A01132625515) (29) Net increase (A01132630005) (30) Net mncrease (A01132630010) (31) Net mncrease (A01132630084) (32) Net ~ncrease (A01132630085) (33) Net mncrease (A01132630086) (34) Net mncrease (R01061901) (35) Net ~ncrease (R01093001) $26,740.00 250.00 250.00 200.00 45,811.00 150.00 2,0OO.OO 3,440.00 456.00 48,000.00 957.00 250.00 250.00 20.00 2,352.00 4,993.00 10.00 1,000.00 100.00 600.00 19,071.00 150.00 2,000.00 3,440.00 456.00 957.00 20.00 2,352.00 4,793.00 10.00 1,000.00 100.00 600.00 36,000.00 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 429 43O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1979. No. 24781. 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 (1 - 3) ............................. $27,508,421.00 REVENUE State and Federal Programs (4) ...................... 56,000.00 (1) Net increase (A01190175001) .............. $56,000.00 (2) Net increase (A01190175002) .............. 9,750.00 (3) Net decrease (A01190165901) .............. 9,750.00 (4) Net increase (R01191001) ................. 56,000.00 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 July, 1979. No. 24783. AN ORDINANCE accepting the proposal of Landscapes Limited for performing certain interior landscaping at the Civic Center Auditorium and 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 of Landscapes Limited for the performance of certain interior landscaping at the Civic Center Auditorium, be and said proposal is hereby ACCEPTED, with the deduction of Items 1, 2, 3 and 5 of said proposal, the extent of work to be performed and the cost to be incurred not to exceed the total sum of $19,633.00 without further authorization by the Council; 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 contract with Landscapes Limited, 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. 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 13th day of August, 1979. No. 24782. AN ORDINANCE designating and fixing the name 13th Street, S. E., to a certain street in the southeast quadrant of the City. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the recently constructed segment of public street in the southeast quadrant of the City connecting 13th Street, S. E., and Bennington Street, S. E., be and is hereby designated and named 13th Street, S. E., in accordance with a recommendation of the City Planning Commission contained in a report to Council dated July 11, 1979; 2. That the City Engineer be, and he is hereby directed to cause the above street name to be noted appropriately 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 street name signs on said street; and that the City Clerk transmit to the Postmaster six (6) attested copies of this ordinance, in order that said Postmaster be apprised of the aforesaid street name. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1979. No. 24787. A RESOLUTION authorizing the City Manager to advise the State Division of Aeronautics and the Federal Aviation Administration of proposed changes in certain phases of the Airport Layout Plan and to request release for highway development of certain real estate dedicated to airport use. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That H. B. Ewert, City Manager, is authorized formally to advise the State Division of Aeronautics and the Federal Aviation Administration that this City proposes to amend, to the extent necessary to defer certain projected ultimate construction, the Airport Layout Plan proposed in the Airport Master Plan dated September 1970, approved by Council August 9, 1971 by Resolution No. 19813, to show: (a) construction of a highway interchange at the intersection of Hershberger Road and Aviation Drive which will provide improved access to the airport and nearby commercial real estate; but which will encroach upon property dedicated to airport use; (b) access ramp from Taxi-way 23 to John C. Nordt Company property lying adjacent to and southeast thereof; and (c) deferral of proposals to construct a new terminal and general aviation runways at the airport until after year 2000. 2. That H. B. Ewert is authorized to request the Virginia Division of Aeronautics and the Federal Aviation Administration to release for highway use the real estate dedicated for airport purpose that will be affected by the proposed interchange; to execute on behalf of the City all documents necessary to effect this release; and to take any other incidental action to expedite this phase of the highway construction project. APPROVED ATTEST: City Clerk Mayor 431 432 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1979. No. 24788. AN ORDINANCE amending and reordaining Chapter 18, Gifts~ Grants, Devises and Bequests to the City, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, by adding a new section numbered 1.1, Applications for Grants by City Manager; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Chapter 18, Gifts, Grants~ Devises and BeQuests to the City, of Title II, Administration, of the Code of the City of Roanoke (1956), as amended, be and is hereby amended by the addition of a new section numbered 1.1, Application for Grants bY City Manager, to read and provide as follows: Section 1.1. Application for Grants by City Manager. The City Manager, for and on behalf of the City, is hereby authorized, subject to the conditions hereinafter established, to make application to the Federal government or any agency of the Federal government or to the State or any agency of the State government for grant of funds for any public purpose, provided that the City Manager shall not without approval of the City Council make any application for a grant which would involve the obligation of City funds and all grants to the City from the Federal government or any agency of the Federal government or the State or any agency of the State shall be accepted by City Council. 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 13th day of August, 1979. No. 24789. 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 #1650 (1) .................. $1,288,666.00 Contingencies #1880 (2) ............................ 643,524.00 (1) Net increase (A01160590010) (2) Net decrease (A01188072006) ...... $20,164.00 20,164.00 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 August, 1979. No. 24790. AN ORDINANCE to amend and reordain certain sections of the 1979-80 Capital Projects Fund Budget 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 Budget Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CAPITAL FUND APPROPRIATIONS: Highway Construction Fund #3220 (1) ...................... $61,191.29 S. Jefferson St. Bridge #3208 (2) ........................ 749,464.20 Tenth Street #3228 (3) ................................... 64,500.00 13th and 9th Street #3229 (4) ............................ 25,000.00 Peters Creek Road Extension #3235 (5) .................... 10,000.00 (1) Net decrease (A08322090001) ........ $77,000.00 (2) Net increase (A08320890001) ........ 50,000.00 (3) Net increase (A08322890001) ........ 7,000.00 (4) Net increase (A08322990001) ........ 10,000.00 (5) Net increase (A08323590001) ........ 10,000.00 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 August, 1979. No. 24791. AN ORDINANCE proposing that the City enter into an agreement with Roanoke and Botetourt Counties, Virginia and certain agencies of these political subdivisions to undertake a sanitary sewer evaluation study for the Tinker Creek Drainage area; approving the form of such an agreement; concurring in the City Manager's recommendation as to the appropriate firm to conduct the study; authorizing the Mayor and City Clerk to execute the agreement on behalf of the City of Roanoke; directing the City Clerk to transmit copies of this ordinance to the governing bodies of the other political subdivisions and their agencies; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council approves the form of the agreement attached to the City Manager's report to Council dated August 13, 1979 whereby Roanoke County and Roanoke County Public Service Authority and this City agree to contract among themselves and with Botetourt County and Botetourt County Service Authority to complete an Infiltration and Inflow Analysis by conducting a sanitary sewer evaluation study on certain sections of the Tinker Creek watershed, to schedule the remedial work necessary to rehabilitate the sewer lines, and to help finance the study pending reimbursement of grant funds; 2. That this Council concurs in the recommendation set forth in the City Manager's report to Council dated August 13, 1979 that Botetourt County employ Talbot & Associates, Ltd., for a maximum fee of $230,762.00 to be funded by a state 75% reimbursing grant to Botetourt County, with Roanoke County and the City to split the remaining cost and to reimburse Botetourt County therefor according to a formula set out in the proposed contract at a net cost to the City of not more than $43,844.78; 3. That the Mayor and the City Clerk, respectively, are authorized and directed to execute, for and on behalf of the City, the proposed contract, upon its approval by the City Attorney; 4. That the City Clerk is directed to transmit a copy of this ordinance to the appropria officials of Roanoke County, Roanoke County Public Service Authority, Botetourt County and Botetourt County Service Authority; and 434 5. 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 13th day of August, 1979. No. 24792. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund and Grant Program Fund Appropriations Ordinances, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 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 Juvenile & Domestic Relations Court #705 (1) ....... $ 436,707.00 Transfers #1855 (2) ................................ 9,089,694.00 GRANT PROGRAMS FUND APPROPRIATIONS Crisis Intervention #7440 (3) ...................... 150,632.00 REVENUE Crisis Intervention #7440 (4,5) .................... 150,632.00 (1) Net decrease (A01070587035) (2) Net increase (A01185587735) (3) Net increase (A35744010002) (4) Net increase (R35744025) (5) Net increase (R35744031) $ 6,667.00 6,667.00 20,000.00 13,333.00 6,667.00 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 August, 1979. No. 24793. A RESOLUTION expressing the intent of the City Council to appropriate the sum of $250,000.0 to fund partially the Shenandoah Avenue Industrial Development Project as proposed by the Southwest Virginia Community Development Fund. WHEREAS, the Federal Economic Development Administration (EDA) has committed to the Southwest Virginia Community Development Fund (SVCDF) a grant in the amount of $1,000,000.00, con- tingent upon SVCDF obtaining $250,000.00 in matching funds by August 15, 1979, for the proposed Shenandoah Avenue Industrial Development Project; WHEREAS, SVCDF has been unsuccessful in obtaining matching funds from other sources, and the City Manager has recommended in a report dated August 13, 1979, that City Council express its intent to appropriate $250,000.00 to fund partially the Shenandoah Avenue Industrial Development Project; and WHEREAS, the Shenandoah Avenue Industrial Development Project will lead to increased employment opportunities within the City, will help retain industry in the City, and will aid in the revitalization of a deteriorating area of the City; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council expresses its intent to appropriate the sum of $250,000.00 to fund partially the Shenandoah Avenue Industrial Development Project, as proposed by the Southwest Virginia Community Development Fund, and described in a report to this Council from the City Manager, dated August 13, 1979; 2. That this Council expresses its intent to appropriate the aforeSaid sum of $250,000.00 at such time as it has received a report from the Director of Finance on the surplus of the City, in order that the sources of these funds can more particularly be determined. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1979. No. 24794. 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 re- ordained to read as follows, in part: APPROPRIATIONS Contingencies #1880 (1) ............................... $641,427.00 Miscellaneous #1850 (2) ............................... 344,097.00 (1) Net decrease (A01188072006) (2) Net increase (A01185081601) $2,097.00 2,097.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor ,435 436 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1979. No. 24795. 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, 1979, and ending June 30, 1980, upon certain terms and provisions, 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 as follows: below, viz: That the following offers made by the following bidders upon the unit prices stated (a) From Rockwell International, Pittsburgh, Pennsylvania, the following: Type of Meter Unit Price 5/8 inch $ 30.09 Less trade-in allowance for 5/8 inch bronze case meter -$ 6.00 Replacement register and measuring chamber 5/8 inch $ 6.00 3 inch compound $ 735.30 (b) From Neptune Water Meter Co., Louisville, Kentucky, the following: Type of Meter Unit Price 1 inch $ 61.00 1 1/2 inch $ 144.05 2 inch $ 187.36 (c) From Hersey Products Co., Dedham, Massachusetts, the following: Type of Meter Unit Price 4 inch compound 6 inch compound 6 inch detector 8 inch detector 10 inch detector $ 1,081.00 $ 2,157.00 $ 1,085.00 $ 1,665.00 $ 2,675.00 (d) From Badger Meter, Inc., Milwaukee, Wisconsin, the following: Type of Meter Unit Price 3/4 inch $ 38.00 8 inch compound $ 2,832.00 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., City of Roanoke Purchasing and Materials Control Warehouse, 1046 Campbell Avenue, N. E., Roanoke, Virginia, the successful bidders to pay all shipping charges on traded in meters, for the period of time beginning July 1, 1979, 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 for the purpose; 2. That, the City's Manager of Purchasing and Materials Control be, and he 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; 3. That 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 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 full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor 437 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1979. No. 24797. AN ORDINANCE authorizing an agreement to be entered into with the Roanoke City Health Department to provide for out-patient care and treatment at the said Health Department's clinic; authorizing a rate to be charged for such care and treatment; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager is hereby authorized and designated, for and on behalf of the City, to enter into an agreement, on form approved by the City Attorney, with the Roanoke City Health Department to provide for out-patient care and treatment for authorized residents of the City and to provide for a $15.00 charge to be imposed for such care and treatment per visit, said agreement to include such other terms deemed appropriate by the City Manager; 2. That the terms of such agreement shall commence retroactively as of July 1, 1979, and expire June 30, 1980; and 3. That, in order to provide for the usual daily operation of the municipal government and the health and safety of the public, an emergency is deemed to exist, and this ordinance shall be effective upon its passage and shall be retroactive in its effect to July 1,~1979. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1979. No. 24798. 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 Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Police Training 77A3808 #7420 (1-5) ...................... $13,507.66 (1) Net decrease (A35742020010) (2) Net decrease (A35742023005) (3) Net decrease (A35742030005) (4) Net decrease (A35742090020) (5) Net increase (A35742095301) $10,900.00 746.20 577.78 1,283.68 13,507.66 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 438 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1979. No. 24784. 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. 310, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that property located in the 2900 block of Edison Street, N. W., described as 69' 6", as shown on the attached plan, of Lot 3, Block 1, Liberty Land Company, official tax number 3100936, be rezoned from RG-1, General residential district, to C-2, General Commercial District; and 69' 6", as shown on the attached plan, of Lot 2-B, Block 1, Liberty Land Company, official tax number 3100933, be rezoned from RD, Duplex 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 RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 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 13th day of August, 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. 310 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on Edison Street, N. W., described as 69' 6", as shown on the attached plan, of Lot 3, Block 1, Liberty Land Company, designated on Sheet 310 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3100936, and 69' 6", as shown on the attached plan, of Lot 2-B, Block 1, Liberty Land Company, designated on Sheet 310 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3100933, be, and they hereby are, changed from RG-1, General Residential District and RD, Duplex Residential District, respectively, to C-2, General Commercial District, and that Sheet No. 310 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1979. No. 24785. AN ORDINANCE to repeal subsection (c)(4) of Section 46, and Sections 12 and 80, 81, 82, · 83, 84 and 85, and to amend and reordain Sections 1, subsections (a), (c) and (d) of Section 2, 14, 16, 18, 22, 25, subsection (f) and (g) of Section 39, 42, 49, 50, 61 (introductory paragraph), 71 and subsection (a) of Section 86 of Chapter 2.1, Land Subdivision Regulations, of Title XVI, Planning and Subdivisions, of the Code of the City of Roanoke (1956), as amended, so as to eliminate references to the exercise of extraterritorial subdivision control by the City. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That subsection (c)(4) of Section 46 and Sections 12 and 80, 81, 82, 83, 84 and 85 of Chapter 2.1, Land Subdivision Regulations, of Title XVI, Planning and Subdivisions, of the Code of the City of Roanoke (1956), as amended, are hereby REPEALED. 439 2. That Sections 1, subsections (a), (c) and (d) of Section 2, 14, 16, 18, 22, 25, subsections (f) and (g) of Section 39, 42, 49, 50, 61 (introductory paragraph), 71 and subsection (a) of Section 86 of Chapter 2.1, Land Subdivision Regulations, of Title XVI, Planning and Subdi- visions, of the Code of the City of Roanoke (1956), as amended, are hereby amended and reordained to read and provide as follows: Section 1. Purpose. The purpose of this Chapter is to establish certain standards and minimum requirements and to prescribe procedures to assure the orderly subdivision and development of land within the corporate limits of the City. Section 2. Applicability of regulations. (a) No person shall divide or subdivide, or cause a subdivision to be made, by deed or map, of any tract of land located within the corporate limits of the City as the same may, from time to time, be established according to law, except in conformity with the provisions of this Chapter. (c) Whenever the owner or developer of any tract of land located within the City desires to subdivide the same, he shall submit a plat of the proposed subdivision with reference to known or permanent monuments to the Agent and the City Engineer in accordance with the requirements of this Chapter. No owner or developer shall subdivide land without making and recording a plat of such subdivision in the Office of the Clerk of the Circuit Court, and no such plat of any subdivision shall be recorded unless and until it shall have been submitted to and approved by the Agent and the City Engineer in accordance with the regulations set forth in this Chapter. (d) No land shall be subdivided for residential use if the planning commission in the exercise of its considered judgment deems such land unsuitable for such purposes. Section 14. Lot. The word "iot" shall mean a parcel of land created in conformance with provisions of this Chapter and the Zoning Ordinance of the City in effect at the time of its creation, and to be shown on the Official Appraisal Map of the City with a separate and distinct identification from other parcels. A lot shall be suitable for a building site; and any parcel created by lot line adjustment or by division or sale of property not in conformance with the provisions of this Chapter and the City Zoning Ordinance shall not be deemed a lot. Section 16. Master plan. The words "master plan" shall mean a comprehensive plan or any part thereof adopted by the City Council which indicates the general location for the various physical classes of public works, places and structures and for the general planned physical development of the City. Section 18. Official appraisal map. The words "Official Appraisal Map" shall mean that series of tax appraisal maps utilized by the City Assessor for tax appraisal purposes. Section 22. Plannin~ commission. The words "Planning Commission" shall mean the City of Roanoke Planning Commission. Section 25. Final plat. The words "final plat" shall mean that plat submitted to the Agent and City Engineer for final approval and subsequently (to be) recorded with the appropriate Clerk of the Court of the City. Section 39. Final plan. (f) The recordation of plats of subdivision of land shall operate to transfer, in fee simple, to the City such portion of the premises platted as is on such plat set apart for streets, alleys or other public uses or for future street widening and to transfer to the City any easement indicated on such plat to create a public right of passage over the same; but nothing herein contained shall prevent the persons who set apart such land for streets and alleys, or for future street widening, or their heirs, successors and assigns, where otherwise under this Chapter they have the right so to do, from erecting, installing, con- structing, and maintaining electric lines or conduits, along or under the portions so set apart, gas lines, water lines, sanitary sewer pipes, drains and drain pipes, electric lines or conduits, when such are constructed, erected, placed, installed and maintained pursuant to the provisions of this Chapter and all other applicable laws and regulations. 44O (g) Immediately upon the vacating of any recorded subdivision plat, or part thereof, the clerk of court in whose office such plat has been recorded, whether the same was recorded under the provisions of this Chapter or otherwise, shall write in plain, legible letters across such plat, or the part thereof so vacated, the word "VACATED", and also make a reference on the same to the volume and page in which the instrument of vacation is recorded; and, if a duplicate of said plat be on file in the Office of the City Engineer for public use, the City Engineer shall cause similar notations to be legibly written on said duplicate plat, or the part thereof, so vacated. Section 42. In 8eneral. Ail plans and plats shall conform to the officially adopted master plan or one or more parts, sections, or divisions thereof, as amended, of the City. Section 50. Utilities. Subject to the provisions of Section 2(a) of Article I of this Chapter, the improvements listed below are required to be installed upon property within the City, and at the time of their construction, all such improvements shall be dedicated and conveyed or transferred to and the title shall vest in the City unless otherwise indicated on the recorded map of subdivision. Nothing contained in this section is in any way intended to affect matters of litigation pending between local political subdivisions and/or their agencies at the time of enactment of this Chapter before courts of competent jurisdiction relating to the ownership of improvements required by this section. (a) Sanitary sewer system with house connections to the property line for each parcel and lot; (b) Storm sewer system, and (c) Water distribution system, including service laterals through the curb line for each parcel and lot, and fire hydrants. Section 61. Lots. The size of lots shall conform to the minimum area and frontage requirements of the Zoning Ordinance of the City, and the setback or building line and sideyard shall conform to the minimum require- ments of said ordinance; provided, however, that no residential lot shall be created with an area of less than 7000 square feet or with a depth of less than one hundred (100) feet or with less than 60 feet frontage, except as hereinafter provided; Section 71. Zonins. Nothing herein contained shall be construed to mean that land may be set aside for commercial purposes in a residential district, without the land so required for commercial use being zoned appropriately in accordance with the zoning ordinance of the City. Section 86. Appeals. The following procedure shall be observed in appealing a decision made by the Planning Commission: (a) Any person, or persons, jointly or severally aggrieved by any final decision of the Planning Commission under this Chapter may present to a court of record within the City a petition, duly certified, setting forth that such decision is illegal in whole or in part, specifying the ground of illegality. Such petition shall be presented to the court within thirty (30) days after the date of the final decision of said Planning Commission 2. That the City Clerk is directed to forward attested copies of this ordinance to the Board of Supervisors of Roanoke County, the Roanoke County Planning Commission, the City of Roanoke Planning Commission, and the Clerk of the Circuit Court of Roanoke County, and the Clerk of the Circuit Court of the City of Roanoke. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1979. No. 24786. AN ORDINANCE permanently vacating two unused alleys transecting Section 28, Map of Washington Heights, commonly known as the Washington Heights Elementary School property, located at 3712 Melrose Avenue, N. W., Roanoke, Virginia. WHEREAS, upon petition of the City of Roanoke, Virginia to vacate two unused alleys transecting Section 28, Map of Washington Heights, commonly known as the Washington Heights Elementary School property and located at 3712 Melrose Avenue, N. W., Roanoke, Virginia, the Council by Resolution No. 24697, dated June 25, 1979, appointed viewers to view the alleys and to report to the Council; 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 the alleys and reported to the Council that in their opinion no inconvenience would result, either to any individual or to the public, from permanently vacating the alleys. The City Planning Commission also recommended to the Council that the alleys be permanently vacated; WHEREAS, at a public hearing on the question of the closing of the alleys, held at the Council meeting on the 13th day of August, 1979, at 7:30 p.m., in the Council Chambers, after due and timely notice published in a local newspaper, no one appeared in opposition to the closing of the alleys; and WHEREAS, the Council is of opinion that no inconvenience would result, either to any individual or to the public, from permanently vacating the alleys and that they should be permanentl~ vacated as public alleys, the fee simple title to which will revert to the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That those alleys lying in the City of Roanoke, Virginia, more particularly described as follows: Those two unused alleys in Section 28, Map of Washington Heights, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Map Book 1, page 43, transecting real estate commonly known as Washington Heights Elementary School property, located at 3712 Melrose Avenue, N. W., Roanoke, Virginia, bearing Official Tax No. 2762101 are hereby permanently VACATED as public alleys, and that all right, title and interest of the public in and to the alleys as public thoroughfares of the City are terminated and released; 2. That the City Engineer is directed to mark "VACATED" as to the above former alleys on all maps and plats in his office where they appear, referring to the book and page number of the Ordinance and Resolution Book, City of Roanoke where this ordinance shall be recorded; 3. That the City Clerk deliver to the Clerk of the Circuit Court of the City of Roanoke an attested copy of this ordinance in order that it can be recorded in the latter's Clerk's Office and be indexed in the name of the City of Roanoke, Virginia, grantor; and 4. That pursuant to Section 15.1-364, Code of Virginia (1950), as amended, the Council authorizes and directs the City's payment of $50.00 for their services to each of the following viewers who have acted in this matter: R. LEE MASTIN, M. DALE POE and HARRY W. WHITESIDE, JR., expressing its appreciation to the viewers for their services. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1979. No. 24796. AN ORDINANCE accepting the proposal of Management Improvement Corporation of America to provide management assistance in the area of productivity improvement for the City of Roanoke; and authorizing the proper City officials to execute the requisite contract. BE IT ORDAINED by the Council of the City of Roanoke as follows: 44i 442 1. That the proposal of Management Improvement Corporation of America to provide management assistance in the area of productivity for the City, as described in said corporation's proposal providing for an annual retainer of $1000 to be paid which shall be credited against fees to be earned by said corporation for savings realized by the City or increased revenues realized by the City and providing that either party may cancel the agreement upon thirty (30) days written notice, be, and said proposal is hereby ACCEPTED; and 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 contract with Management Improvement Corporation of America, the same to incorporate the terms and conditions of this ordinance and said bidder's proposal; and said contract 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 27th day of August, 1979. No. 24799. AN ORDINANCE authorizing the City Manager to lend the City's support to an art exhibit to be held in the Civic Center in conjunction with the Virginia Municipal League Conference; authorizing the purchase of a minimum of two works of art from said exhibit; endorsing the concept of an annual art exhibit in the City and development of an art acquisition program 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 to lend the City's support to, and coordinate with the sponsors of, a proposed art exhibit to be held in the City's Civic Center in conjunction with the Virginia Municipal League Conference, September 23 through 26, 1979; 2. That the City Manager be and he is hereby authorized to purchase a minimum of two works of art, not to cost over $1,500.00 in the aggregate, from those works exhibited in the proposed Civic Center exhibition; 3. That the Council endorses the concept of an annual City art exhibition, and the establishment of an art acquisition program for the City, as outlined in the report of the City Manager to Council dated August 27, 1979; 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 27th day of August, 1979. No. 24800. A RESOLUTION approving the location and major design features of the Vinton Mill Road highway project in the City of Roanoke and Town of Vinton and requesting the Virginia Department of Highways and Transportation to begin right-of-way acquisition. WHEREAS, a public hearing was conducted on June 7, 1979, in the Town of Vinton by repre- sentatives of the Virginia Department of Highways and Transportation for the purpose of considering the proposed location and design of the Vinton Mill Road highway project (U000-128-114, PE 101, R/W 201, C501; U000-149-102, PE 101, R/W 201, C501) in the City of Roanoke and Town of Vinton at which hearing aerial photographs, drawings and other pertinent information were made available for public inspection in accordance with State and Federal requirements; 443 WHEREAS, all persons and parties in attendance were afforded full opportunity to participat~ 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, the Council considered all the foregoing matters; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the location and major design features of the proposed project as presented at the public hearing are approved; 2. That the Virginia Department of Highways and Transportation is requested to acquire 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; and 3. That the City Manager is directed to transmit an attested copy of this resolution to the State Highway and Transportation Commissioner through appropriate channels. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1979. No. 24803. A RESOLUTION adopting a revised Citizen Participation Plan as a part of the City's Community Development Block Grant Program. WHEREAS, the Department of Housing and Urban Development (I~IUD) has requested that the City revise its present Citizen Participation Plan in order to comply with certain revised HUD regulations; and WHEREAS, the City Manager, after soliciting input and comments from various civic and other organizations in the community, has drafted and, by report dated August 27, 1979, transmitted to Council a revised Citizen Participation Plan; and WHEREAS, the Council conducted a public hearing on August 13, 1979, to receive citizen comments on the revised Plan, and received no comments adverse to the Plan recommended by the City Manager; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council adopt as a part of the City's Community Development Block Grant Program the Citizen Participation Plan recommended to Council by the City Manager in a report dated August 27, 1979. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1979. No. 24804. 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: 444 APPROPRIATION CETA #7826 (1,2,3) ................................. $2,301,212.97 REVENUE CETA (4) ........................................... 29,341,891.00 (1) Net increase (A35782625001) ........ $ 13,521.00 (2) Net increase (A35782625002) ........ 841,666.00 (3) Net increase (A35782625006) ........ 1,100,244.00 (4) Net increase (R35780101) ........... 1,955,431.00 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 August, 1979. No. 24805. AN ORDINANCE providing for the purchase of Soft Body Armo{ for use of the City's Police Department upon certain terms and conditions; accepting a certain bid made to the City for furnish- ing and. delivering Soft Body Armor; rejecting certain other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Second Chance, Inc., made to the City, offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, two hundred eight (208) pieces of Soft Body Armor, meeting said City's specifications and requirementS made therefor, at the total bid price of $18,428.80 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 therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this ordinance; the cost of said armor to be paid for out of funds appropriated for the purpose upon delivery to the City of said armor, 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 said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out; 3. That the other bids received for said armor are hereby REJECTED, the City Clerk to so notify said other bidders and to express the City's appreciation of 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 27th day of August, 1979. No. 24806. 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 Contingencies #1880 (1) .......................... $629,934.50 Billings & Collections #409 (2) .................. 328,705.50 (1) Net decrease (A01188072006) (2) Net increase (A01040910005) $10,000.00 10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1979. No. 24807. 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 Contingencies #1880 (1) .......................... $ 627,729.50 Transfers #1855 (2) .............................. 9,091,899.00 CIVIC CENTER APPROPRIATIONS General Operating #2005 (3) ...................... $1,209,839.00 (1) Net decrease (A01188072006) (2) Net increase (A01185587405) (3) Net increase (A05200530045) $2,205.00 2,205.00 2,205.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 445 446 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1979. No. 24808. AN ORDINANCE accepting the proposal of Custom Services Associates for providing and installing certain interior banners at the Civic Center Auditorium; 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 of Custom Services Associates for providing and installing certain interior banners at the Civic Center Auditorium, be and said proposal is hereby ACCEPTED; the extent of the work to be performed, materials to be provided, and the cost to be incurred not to exceed the total sum of $15,885.00, without further authorization by the Council; 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 contract with Custom Services Associates, 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. 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 27th day of August, 1979. No. 24809. A RESOLUTION rejecting the bid received for roof replacement at Fire Station No. 2 and directing the City Manager to cause the project to be readvertised specifying a less expensive type of roofing and insulation. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the bid for roof replacement at Fire Station No. 2 which was received by Council and publicly opened at its meeting of August 13, 1979, be and is hereby rejected; 2. That the City Clerk is directed to notify the bidder and express the City's appreciatio for such bid; and 3. That the City Manager is directed to cause the aforesaid project to be readvertised for bids specifying a less expensive type of roofing and insulation. ATTEST: APPROVED City Clerk Mayor 447 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1979. No. 24810. 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) .............. $1,422,721.00 REVENUE State & Federal Programs (2) ........................ 1,422,721.00 (1) Net increase (A01190175001) (2) Net increase (R01191001) $1,366,721.00 1,366,721.00 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 August, 1979. No. 24811. 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 Program (1) ............... $2,134,673.00 REVENUE State & Federal Programs (2) ........................ 2,134,673.00 (1) Net increase (A01190175001) (2) Net increase (R01191001) .$711,952.00 711,952.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 448 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24801. AN ORDINANCE amending and reordaining Title XX, Businesses and Occupations, Code of the City of Roanoke (1956), as amended, by repealing Chapter 4,'Solicitations for Charitable Purposes, and adding a new Chapter numbered 4.1, Solicitations'for Charitable Purposes. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Title XX, Businesses and Occupations, Code of the City of Roanoke (1956), as amended, be amended and reordained by repealing Chapter 4, Solicitations for Charitable Purposes, and adding a new Chapter numbered 4.1, Solicitations for Charitable Purposes, to read and provide as follows: CHAPTER 4.1. SOLICITATIONS FOR CHARITABLE PURPOSES Section 1. Definitions. Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings respectively ascribed to them: (1) "Charitable organization" - Any person which is or holds itself out to be organized or operated for any charitable purpose, or any person which solicits or obtains contributions solicited from the public. This definition shall not be deemed to include any church or convention or association of churches, primarily operated for non- secular purposes and no part of the net income of which inures to the direct benefit of any individual; nor shall it include any political party as defined in Section 24.1-1, Code of Virginia (1950), as amended, or any political campaign committee required by State or Federal law to file a report or statement of contributions and expenditures; nor shall it include any labor union registered under Section 40.1-76, Code of Virginia (1950), as amended, nor any trade association; nor shall it include any authorized individual who solicits, by authority of such organization, solely on behalf of a registered or exempt charitable organization or on behalf of an organization excluded from the definition of charitable organization. (2) "Charitable purpose" - Any charitable, benevolent, humane, philanthropic, or eleemosynary purpose and the purposes of influencing legislation or influencing the actions of any public official or instigating, prosecuting, or intervening in litigation. (3) "City Manager" - The City Manager or a member of his staff to whom he may delegate his duties under this Chapter. (4) "Contribution" - Any gift, bequest, devise or other grant or any money, credit, financial assistance or property of any kind or value, including the promise to contribute, except payments by the membership of an organization for membership fees, dues, fines, or assessments, or for services rendered to individual members, and except money, credit, financial assistance or property received from any governmental authority. The term "contribution" shall not include any donation of blood or any gift made pursuant to Section 32.1-289 et seq., Code of Virginia (1950), as amended. (5) "Federated fund-raising organizations'' - Any federation of independent charitable organizations which have voluntarily joined together, including but not limited to a United Fund or Community Chest, for purposes of raising and distributing money for and among themselves and where membership does not confer operating authority and control of the individual agencies upon the federated group organization. (6) "Fund-raising expenses" - The expenses of all activities that constitute or are an integral part of a solicitation. (7) "Membership" - Those persons to whom, for payment of fees, dues, assessments, etc., an organization provides services and confers a bona fide right, privilege, professional standing, honor or other direct benefit, in addition to the right to vote, elect officers, or hold offices. The term "membership" shall not include those persons who are granted a membership upon making a contribution as a result of solicitation. (8) "Parent organization" - That part of a charitable organization which coordinates, supervises or exercises control over policy, fund raising, and expenditures, or assists or advises one or more chapters, branches or affiliates. 449 (9) "Permittee" - Any charitable organization which has been issued a permit to solicit by the City Manager. (10) "Person" - Any individual, organization, trust, foundation, association, partnership, corporation, society, or other group or combina- tion acting as a unit. (11) "Professional fund-raising counsel" - Any person who for a flat fixed fee under a written agreement plans, conducts, manages, carries on, advises or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for, or on behalf of, any charitable organization, but who actually solicits no contributions as part of such services. A bona fide salaried officer or employee of a registered parent organization shall not be deemed to be a pro- fessional fund-raising counsel. (12) "Professional solicitor" - Any person who, for a financial or other consideration, solicits contributions for, or on behalf of, a charitable organization, whether such solicitation is performed personally or through his agents, servants, or employees or through agents, servants or employees specially employed by, or for a charitable organization, who are engaged in the solicitation of contributions under the direction of such person, or any person who, for a financial or other consideration, plans, conducts, manages, carries on, advises or acts as a consultant to a charitable organization in connection with the solicitation of contributions but does not qualify as a professional fund-raising counsel. A bona fide salaried officer or employee of a registered or exempt charitable organization or a bona fide salaried parent organization shall not be deemed a professional solicitor. (13) "Sale", "sell" and "sold" - The transfer of any property or the rendition of any service to any person in exchange for consideration, including any purported contribution without which such property would not have been transferred or such services would not have been rendered. (14) "Solicit" and "solicitation" - The request or appeal, directly or indirectly, for any contribution on the plea or representation that such contribution will be used for a charitable purpose, including without limita- tion, the following methods of requesting such contributions: (a) Any oral or written request; (b) Any announcement to the press, over the radio or television, or by telephone or telegraph concerning an appeal or campaign to which the public is requested to make a contribution for any charitable purpose con- nected therewith; (c) The distribution, circulation, post- ing or publishing of any handbill, written advertisement or other publication which directly or by implication seeks to obtain public support; (d) The sale of, offer or attempt to sell any advertisement, advertising space, subscrip- tion, ticket, or any service or tangible item in connection with which any appeal is made for any charitable purpose or where the name of any charitable organization is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will be donated to any chari- table purpose. Solicitation, as defined herein, shall be deemed to occur when the request is made, at the place the request is received, whether or not the person making the same actually receives any contribution. Section 2. Permit - required; exceptions. It shall be unlawful for any charitable organization to solicit contributions within the City or have funds solicited on its behalf, without having first been issued a permit as provided in this Chapter, unless otherwise provided by Section 15 of this Chapter. Section 3. Application for solicitationpermit. (A) Every charitable organization which is required to obtain a permit to solicit, or to have a solicitation made on its behalf, shall, prior to the issuance of such permit, file an application statement with the City Manager upon forms acceptable to him. It shall be the duty of the president, chairman or principal officer of such charitable organi- zation to file the statements required herein. Such statements shall contain the following information: 450 (1) The name of the organization and the purpose for which it was organized. (2) The principal address of the organization, the address of any offices in the City and its designated agent for process within the Commonwealth. If no such agent is designated, the organization shall be deemed to have designated the Secretary of the Commonwealth. If the organization does not maintain an office, the name and address of the person having custody of its financial records. (3) The names and addresses of any chapters, branches or affiliates in the City. (4) The place where and the date when the organization was legally established, the form of its organization, and a reference to any determination of its tax-exempt status under the Internal Revenue Code. (5) The names and addresses of the officers, directors, trustees and the principal salaried executive staff officer, if any. (6) A financial statement for the last preceding fiscal year of any funds collected for charitable purposes by the organization seeking a permit for such solicitation, said statement giving the amount of money so raised, together with the cost of raising it, and the final distribution thereof. The statement must contain a computation of the percentage which the fund-raising expenses of the organization for the preceding fiscal year bore to its support received directly from the public during such year. (7) A statement indicating whether the organization intends to solicit contributions from the public directly or have such done on its behalf by others, and outlining the method to be used in conducting the solicitation and the number of solicitors to be involved. (8) A statement indicating whether the organization is authorized by any other governmental agency within in the Commonwealth to solicit contributions and whether it, or any officer, professional fund-raiser or professional solicitor thereof, is or has ever been enjoined by any court or otherwise prohibited from soliciting contributions in any jurisdiction. (9) The general purpose or purposes for which the contributions to be solicited shall be used, the estimated cost of the fund-raising, and the total amount of funds proposed to be raised thereby. (10) The name or names under which it intends to solicit contributions. (11) The name of the individuals or officers of the organization who will have the final responsibility for the custody of the contributions. (12) The name and address of the person who will be in direct charge of conducting the solicitation. (13) The names of the individuals or officers of the organization responsible for the final distribution of the contributions. (14) The time when such solicitations shall be made,, giving the proposed dates for the beginning and ending of such solicitation. (15) A statement indicating whether the organization, or any officer, professional solicitor or professional fund-raiser thereof, has ever been convicted of a felony and, if so, a description of the pertinent facts. (16) Such other information as may be required by the City Manager in order for him to determine fully the kind, character and worthiness of the proposed solicitation and as to whether or not such solicitation is in the interest of protecting the health, life and property of the citizens of the City and in the interest of preserving and enforcing good government and for the security of the City and its inhabitants. (B) Each federated fund-raising organization located in the City shall report the information required by this section in a consolidated form. Any federated fund-raising organization may elect to exclude from its consolidated report information relating to the separate fund-raising activities of all of its independent member agencies. No member agency of a federated fund-raising organization shall be required to report separately any information contained in such a consolidated report; provided, however, that any separate solicitation campaign conducted by, or on behalf of, any such members .agency in the City shall nevertheless be subject to all other provisions of this Chapter. 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 set in Section 10 of this Chapter will not be exceeded, 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 solicitation will not be incompatible with the protection of the health, life and property of the citizens of the 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 to 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 or the purpose for which the same is made. In all cases where the City Manager declines to issue a permit, the applicant shall upon request be granted a hearing by the City Manager or by someone designated by him, in order to appeal such decision. Section 6. Transferability; exhibition of permits. A) Any permit approved and issued under this Chapter shall be nontransferable; provided, however, that this shall not prevent any permittee from using any number of solicitors as shall be reported to the City Manager, so long as the permittee provides each such solicitor with a copy of the permit. B) It shall be unlawful for any person required to have a permit by this Chapter to refuse to exhibit to a prospective donor, police officers, the City's license inspector, or to the City Manager, a copy of such permit after being requested to do so. Section 7. Records to be kept by charitable organizations; reports by permittee, Every permittee hereunder shall keep and preserve adequate books showing all sums of money collected and how, to whom, and for what disbursed. Receipts shall be kept itemized to as great an extent as may be practiccable, and disbursements shall in all cases be itemized and not shown merely by totals. Such books shall be preserved for two years after the solicitation has ceased. The City Manager may require from any permittee access to its books, or reports or information at any time and at such intervals as in his discretion shall be necessary for the proper administration of the provisions of this Chapter. Section 8. Professional fund-raising counsel and professional solicitors. No person shall act in the City as a professional fund-raising counsel or professional solicitor for a charitable organization unless he has first registered with the State, in accordance with the pro- visions of Section 57-61, Code of Virginia (1950), as amended, and obtained the appropriate license from the City to do business. Section 9. Written contracts. (A) Every contract or .agreement between professional fund- raising counsel and a charitable organization must be in writing and shall be filed with the City Manager within ten (10) days after such contract or written agreement is entered into. (B) Every contract, or a written statement of the nature of the arrangement to prevail in the absence of a contract, between a professional solicitor and a charitable organization shall be filed with the City Manager within ten (10) days after such contract is entered into or such arrangement is agreed to. (C) Ail agreements and arrangements between professional fund-raising counsel and charitable organizations must be reduced to writing before executed or acted upon. Section 10. Limitations on amount of payments for solicita- tion activities. (A) No charitable organization shall pay or ~agree to pay to a professional solicitor or his agents, servants or employees in the aggregate, including reimbursement for expenses incurred, a total amount in excess of fifteen per centum (15%) of the gross amount collected by it as a result of his, or their, solicitation activities 45i 452 or campaigns; nor shall any charitable organization pay or agree to pay to all professional solicitors retained by it and their agents, servants and employees in the aggregate a total amount in excess of ten per centum (10%) of its support received directly from the public in the year in which such services are performed. (B) For purposes of this section, the payments to the professional solicitor shall not include the purchase price to the charitable organization of any tangible personal property, services, or entertain- ment whether supplied in kind or represented by a ticket or subscription which are resold by the organization as a part of its fund-raising activities; but the amount so expended by the organization shall be deducted from the gross amount collected by it, or the organization's support received directly from the public, before the computation of the percentage limitations. For purposes of this subsection, if the professional solicitor and the charitable organization have no agreement as to the purchase price, such purchase price shall be deemed to be the fair market value of such property, service, or entertainment supplied. Section 11. Prohibited acts. (A) No charitable organization shall use or exploit the fact of obtaining a permit under this Chapter so as to lead the public to believe that obtaining such permit in any manner constitutes an endorsement or approval by the City; provided, however, that the use of the following statement shall not be deemed a prohibited exploitation: "Permit obtained from the City Manager as required by law. The issuance of this permit does not imply endorsement of a public solicitation for contributions." (B) No person shall, in connection with the solicitation of contri- butions or sale of tangible personal property or services, represent, or lead anyone by any manner, means, practice or device whatsoever to believe that the person on whose behalf such solicitation or sale is being conducted is a bona fide charitable organization or that the proceeds of such solici- tation or sale will be used for charitable purposes, if he has reason to believe such not to be the fact. (C) No person shall in connection with the solicitation of contributions or the sale of tangible personal property or services for charitable purposes represent, or lead anyone by any manner, means, practice or device whatsoever to believe that any other person sponsors or endorses such solicitation of contributions, sale of tangible personal property or services for charitable purposes or approves of such charitable purposes or a charitable organization connected therewith when such other person has not given written consent to the use of his name for these purposes. Any member of the board of directors or trustees of a charitable organization or any other person who has agreed to either serve or to participate in any voluntary capacity in the camPaign shall be deemed thereby to have given his consent to the use of his name in said campaign. Nothing contained in this section shall prevent the publication of names of contributors without their written consent, in an annual or other periodic report issued by a charitable organization for the purpose of reporting on its operations and affairs to its membership or for the purpose of reporting contributions to contributors. (D) No person shall denominate any membership fee or purchase price of goods or services sold, as a contribution or as a donation or in any other manner represent or imply that the member or the purchaser of such goods or services will be entitled to an income tax deduction for his cost or any portion thereof unless (1) there shall have been first obtained a signed opinion of counsel or an Internal Revenue Service ruling or determination letter holding such cost to be deductible, or (2) the member or purchaser is informed in writing that such cost may not be deductible; nor shall any charitable organization, other than an organiza- tion exempt under Section 15(A)(3), represent or imply that a contributor thereto will be entitled to an income tax deduction for his contribution unless there shall have been first obtained a signed opinion of counsel or an Internal Revenue Service ruling or determination letter holding gifts to such organization to be so deductible. (E) No person shall make any representation that he is soliciting contributions for or on behalf of a charitable organization or shall use or display any emblem, device or printed matter belonging to or associated with a charitable organization for the purpose of soliciting or inducing contributions from the public without first being authorized to do so by the charitable organization. (F) No professional solicitor shall solicit in the name of or on behalf of .any charitable organization unless such solicitor has: (1) Written authorization of two officers of such organization, a copy of which shall be filed with the City Manager. Such written authorization shall bear the signature of the siolicitor and shall expressly state on its face the period flor which it is valid, which shall not exceed one year from the date issued. (2) Such authorization with him when making solici- tations and exhibits the same on request to persons solicited, or policie officers, or agents of the City Manager or Commissioner of Revenue. (G) No icharitable organization shall accept any contribution exceeding fivie dollars in cash or tangible property without providing on request of! the donor a written receipt acknowledging such contribu- tion and personally signed by the person accepting such contribution. (H) No person, and no organization of which such person is an officer, professional fund-raising counsel or professional solicitor, shall solicitl within the City, if: (1)' Such person has been convicted in any jurisdiction of embezzlement, larceny or other crime involving the obtaining of money orlproperty by false pretenses or the misapplication of fundsi impressed with a trust, unless such person has received a pardon! for such offense or the public is informed of such convictipn in a manner approved in writing by the City Manager before any solicitation occurs; or (2)~ Such person has ever been enjoined by any court or otherwise prohibited from soliciting in any jurisdiction, unless the City Manager shall first determine in writing that such person is entitled to solicit in such jurisdiction at the time of soliciting within the City or that the reason for such injunction or prohibition does not involve moral turpitude. (I) No person shall solicit within the City for the benefit of any other person located without the City, if such other person refuses to supply any information which the City Manager deems necessary to assure himself that the provisions of this Chapter are complied withl. A solicitation shall be deemed to be on behalf of every person who or which receives, directly or indirectly, more than ten percent (10%) of the gross amount collected. (J) No person shall knowingly make or perpetrate, or assist or aid in making or perpetrating, in any manner whatsoever, any misstatement, deception or fraud in connection with any solicitation for any purpose in the City whether or not such person shall be required, under the provisions of this .Chapter, to obtain a permit hereunder and whether or not any such permit so required shall have been obtained by such person. Section 12. Excessive fund-raising expenses. Each charitable organization shall, as a part of its applica- tion for a permit, compute the percentage which its fund-raising expenses for its preceding fiscal year bore to its support received directly from the public during such year. Fund-raising expenses in excess of twenty percent (20%) of the amount collected shall be deemed unreasonable unless special facts and circumstances are presented showing that a cost higher than twenty percent (20%) is not unreasonable. Section 13. Enforcement and penalties. (A) Any person who wilfully and knowingly violates or causes to be violated any provisions of this Chapter, or who shall wilfully and knowingly give false or incorrect information to the City Manager in filing a statement or report required by this Chapter, whether such report or statement is verified or not, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not less than fifty dollars and not more than one thousand dollars or undergo imprisonment for not more than six months, or both. 4 5,3 454 (B) The City Manager, upon his own motion or upon complaint of any person, may investigate any charitable organi- zation, professional fund-raising counsel or professional solicitor to determine whether such charitable organization, professional fund-raising counsel or professional solicitor has violated the provisions of this Chapter or has filed any application or other information required under this Chapter which contains false or misleading statements. Should a permittee be found by the City Manager to be violating the provisions of this Chapter, then it shall be his duty to revoke said permit; provided, however, that before any permit is revoked, the City Manager shall give the permittee a minimum of twenty-hours notice in writing that a hearing is to be had, and at said hearing the City Manager shall ascertain the facts, and if any of the reasons above set forth for revoking the permit are found to exist, the permit shall be revoked. (C) Whenever the Commonwealth's Attorney shall have reason to believe that any charitable organization, professional fund-raising counsel or professional solicitor is operating in violation of the provisions of this Chapter or has knowingly and wilfully made any false statement in any registration application or statement, report, or other information required by this Chapter or that a charitable organization, professional fund-raising counsel or professional solicitor has failed to obtain a permit required by this Chapter, or that there is employed or is about to be employed in any solicitation or collection of contributions for a charitable organization any device, scheme, or artifice to defraud or to obtain money or property by means of any false pretense, representation or promise, or that the officers or representatives of any charitable organization, professional fund-raising counsel or professional solicitor have refused or failed after notice 'to produce any records of such organization or that the funds raised by solicitation activities are not devoted or will not be devoted to the charitable purposes of the charitable organization in addition to all other actions authorized by law, the Commonwealth's Attorney may bring an action against such charitable organization and its officers, such professional fund-raising counsel or professional solicitor to enjoin them from continuing said violation, solicitation or collection, or engaging therein, or doing any acts in furtherance thereof and for such other relief as the court deems appropriate. Section 14. Publication of warning concerning certain charitable organizations. If the City ~anager shall determine that any charitable organization, which has not obtained a permit and which is required to do so, is soliciting in the City, directly or indirectly, by any means, including without limitation, by telephone or telegraph, by direct mail or by advertising in national media, he may, after ten days written notice to the charitable organization, cause to be printed in one or more newspapers published and/or distributed in the City a notice in substantially the following form: "WARNING - UNREGISTERED SOLICITATION. The organization named below has solici- ted contributions from area residents for allegedly charitable purposes. It has not registered with the City Manager as required by law. Contributors are cautioned that their contributions to such organization may be used for noncharitable purposes." A copy of said warning shall immediately thereupOn be forwarded to the State Commissioner of Agriculture and Consumer Affairs. Section 15. Exemptions. (A) The following persons shall be exempt from the requirement of obtaining a solicitation permit, but shall otherwise be subject to the provisions of this Chapter: (1) Educational institutions that are recognized by the State Superintendent of Public Instruction or that are accredited by a regional accrediting association or by an organization affiliated with the National Commission on Accrediting, Association Montessori Internationale or the American Montessori Society, any foundation having an established identity with any of the aforementioned educational institutions, and any other educational insti- tution confining its solicitation of contributions to its student body, alumni, faculty and trustees, and their families. ATTEST: (2) Persons requesting contributions for the relief of any individual specified by name at the time of the solicitation when all of the contributions collected without any deductions whatsoever are turned over to the named beneficiary for his use. (3) Charitable organizations which do not intend to solicit and receive, during a calendar year, and have not actually raised or received, during any of the three next preceding calendar years, contributions from the public in excess of five hundred dollars or which do not receive contributions from more than ten persons during a calendar year, if all of their functions, including fund- raising activities, are carried on by persons who are unpaid for their services and if no part of their assets or income inures to the benefit of or is paid to any officer or member. Nevertheless, if the contributions raised from the public, whether all of such is or is not received by any charitable organization during any calendar year, shall be in excess of five hundred dollars, it shall, within thirty days after 'the date it shall have received total contributions in excess of five hundred dollars or from eleven or more persons, apply for a permit as required by this Chapter. (4) Organizations which solicit in the City from a place without the Commonwealth of Virginia solely by means of telephone, telegraph, direct mail or advertising in national media, and having no chapter, branch, area or office within the Commonwealth. (5) Organizations which solicit only within the membership of the organization by the members thereof. (6) Health care institutions which have been granted tax-exempt status under Section 501(c)(3) of the Internal Revenue Code and any supporting organization which exists solely to support any such health care institution. (7) Organizations which have registered with the State of Virginia or organizations which are a chapter, branch or affiliate included in the consolidated report of an organization or federated fund-raising organization which is so registered with the State, if said organizations have filed with the City Manager a copy of their State registration statement. (B) No charitable organization shall be exempt under this section unless it shall submit to the City Manager on forms to be prescribed by him, the name, address and purpose of the organization and a statement setting forth the reason for the claim of exemption. If exempted, the City Manager shall issue, a letter of exemption which may be exhibited to the public. The letter of exemption shall remain in effect as long as the organization continues to solicit in accordance with its claim for exemption. (C) Nothing in this Chapter shall be construed as being applicable to the American Red Cross or any of its local chapters. Section 16. Application to court for relief. Any person aggrieved by any final decision of the City Manager, denying such person any right to which he is entitled under law, may within fifteen days from the date of such decision, apply for relief to the Circuit Court of the City of Roanoke. If the court be satisfied that the decision was for any reason erroneous, it shall provide such relief as may be appropriate. APPROVED 455 City Clerk Vice-Mayor 456 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24802. AN ORDINANCE providing for the sale and conveyance to Roanoke County of two wells and certain real property lying in Roanoke County, Virginia. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of the Board of Supervisors of Roanoke County, Virginia, to purchase a certain well known as the 221 Well and appurtenant easements and a well known as the View Avenue Well together with a 0.172 acre parcel of land and appurtenant easements, for the consideration of $1.00 be and said offer is hereby ACCEPTED; 2. That 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 quitclaim deed to said property, said deed to be prepared by the City Attorney and be in such form as the City Attorney shall approve; and 3. That such quitclaim and conveyance shall be subject to the following conditions: (a) That the City shall incur no financial obligation in operating such wells or in metering the water from such wells; and (b) That the City shall reserve the right to prohibit transmission of the water pumped from such wells through City-owned water transmission lines. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24812. AN ORDINANCE authorizing the issuance of Fifteen Million Five Hundred Thousand Dollars ($15,500,000.00) principal amount of general obligation bonds of the City of Roanoke, Virginia for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements, including acquisitions, construction, additions, betterments, extensions and improvements, a portion of such permanent public improvements being a part of the Downtown Revitali- zation 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 providing for an emergency. WHEREAS, the Council of the City of Roanoke, Virginia, deems it necessary for the preservation of the public health and safety and for the usual daily operation of the municipal government that immediate provision be made for the raising of funds to be applied, with or without other funds, to defray the cost to the City of certain necessary permanent public improvements, and that this ordinance should become effective upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, as follows: 1. It is deemed expedient and necessary in the judgment of the Council of the City of Roanoke, Virginia, to issue and sell general obligation bonds of the City of Roanoke, Virginia in the principal amount of Fifteen Million Five Hundred Thousand Dollars ($15,500,000.00) for the purpose of providing funds to be applied, with or without other funds, to defray the cost to the City of acquisitions, construction, additions, betterments, extensions and improvements of needed permanent public improvements not exceeding the cost of the City of (a) Two Million Dollars ($2,000,000.00) of such proceeds for public schools, (b) Three Million Six Hundred Ninety- five Thousand Dollars ($3,695,000.00) for libraries, fire stations and other public buildings, (c) Four Million Four Hundred Ten Thousand Dollars ($4,410,000.00) of such proceeds for the system of storm drains, (d) Two Million Eight Hundred Eighty Thousand Dollars ($2,880,000.00) of such 457 bond proceeds for its public side walks, streets, highways and bridges, (e) Two Million Five Hundred Fifteen Thousand Dollars ($2,515,000.00) of such bond proceeds for public parks and other recreational purposes. A portion of such permanent public improvements consititute the implementation of the Downtown Revitalization Plan of the City. If upon completion of any of said needed permanent public improvements, there remains any unexpended balance of the amount of bond proceeds allocated therefor, such balance may be used for any one or more of such other needed public improvements set forth in this paragraph. 2. Pursuant to Section 47 of the Charter of the City of Roanoke, Virginia, there are hereby authorized to be issued general obligation bonds of the City of Roanoke in an aggregate principal amount not exceeding $15,500,000.00 for the purpose of raising moneys to pay the cost of the permanent public improvements set forth in paragraph 1 hereof. The full faith and credit of the City of Roanoke is pledged to the payment of the principal and interest of said bonds. 3. The Council shall by resolution adopted from time to time prescribe the amount of said bonds to be issued from time to time and the form thereof, and all other details with respect thereto, in accordance with law. 4. Said bonds shall not be issued unless and until this ordinance has been approved by the affirmative vote of a majority of the qualified voters of the City voting at an election to be called in the manner provided by the Charter of the City of Roanoke, Virginia to be held on the 6th day of November, 1979. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24813. AN ORDINANCE directing and providing for the holding of an election in the City of Roanoke, Virginia, to determine whether the qualified voters of the City of Roanoke, Virginia will approve Ordinance No. 24812, duly adopted by the Council of the City of Roanoke on September 4, 1979, providing for the issue of certain general obligation bonds of the City of Roanoke; and providing for an emergency. WHEREAS, the Council of the City of Roanoke, Virginia (the "Council") deems it necessary for the preservation of the public health and safety and for the usual daily operation of the municipal government that immediate provision be made for the raising of moneys, with or without other funds, to be applied to defray the cost to the City of Roanoke, Virginia (the "City") of certain needed permanent public improvements, set out in Ordinance No. 24812 duly adopted by the Council on September 4, 1979, and that this ordinance should become effective upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, as follows: 1. Pursuant to Section 47 of the Charter of the City of Roanoke, Virginia an election shall be held in said City on the 6th day of November, 1979, to determine whether the qualified voters will approve an ordinance, duly adopted by the Council September 4, 1979, entitled: "No. 24812 AN ORDINANCE authorizing the issuance of Fifteen Million Five Hundred Thousand Dollars ($15,500,000.00) principal amount of general obligation bonds of the City of Roanoke, Virginia for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements, including acquisitions, construction, additions, betterments, extensions and improvements, a portion of such permanent public improvements being a part of the Downtown Re-vitalization Plan, of and to public schools,: libraries, fire stations and other public buildings, the system of storm drains, public sidewalks, streets, highways and bridges, anH parks and other recreational purposes and the acquisition of real property for the foregoing; and providing for an emergency." 458 2. Said election shall be conducted in the manner prescribed by law for the conduct of regular elections. 3. The judges and clerks for the several voting precincts in the City are hereby appointed officers of election to conduct said election, and in case of failure of any one or more of them to act, then the place or places of such shall be filled in the manner provided for in case of regular elections. 4. The Secretary of the Electoral Board of the City is hereby directed to give public information of said election, setting forth the time and place thereof by publishing notice of the same to which shall be attached an attested copy of this ordinance in a newspaper of general circulation in the City and published in said City, and by posting a copy thereof at each voting place in said City, at least ten days before the date of the election. 5. The Electoral Board of the City shall forthwith and not less than thirty days prior to the date of the election herein provided for cause proper ballots to be prepared for use at said election, and such ballots shall be in the following form: CITY OF ROANOKE BOND ELECTION NOVEMBER 6, 1979 QUESTION: Shall Ordinance No. 24812, adopted by the Council of the City of Roanoke on September 4, 1979, entitled: "AN ORDINANCE authorizing the issuance of Fifteen Million Five Hundred Thousand Dollars ($15,500,000.00) principal amount of general obligation bonds of the City of Roanoke, Virginia for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements, 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 providing for an emergency.", be approved? YES ~ NO 6. The ballot and the City's voting machines shall be prepared in conformity with the provisions of Section 24.1-165 and of Article 6, Chapter 7, Title 24.1, Code of Virginia (1950), as amended, respectively, and each voter shall vote in the manner prescribed by said statutes. Prepared, locked voting machines and keys and voted absentee voters' ballots shall be delivered to the officers of election, for use in said election, in the same manner as prepared,' locked voting machines and keys and voted absentee voters' ballots are delivered to the officers of election in regular elections. 7. The officers of election shall immediately after the closing of the polls lock and seal the voting machines against further voting and in the manner provided by general law count the ballots cast and determine and announce the results of the vote upon the question voted upon and make written return to the Electoral Board which, within two days following the election, shall make written return of the result of said election to the City Clerk, specifying the number of votes cast "YES" and the number of votes cast "NO" on the question voted upon. Said return shall be presented to the Council at its next regular meeting and shall be spread upon the journal; and the said officers of election shall further seal up the ballots and by noon on the day following the election transmit the same to the City Clerk to be kept among the archives of the Council, and said ballots shall remain sealed during the twelve months thereafter without the order of Council. 8. The City Clerk is hereby authorized and directed to forward as soon as practicable a certified copy of this ordinance as adopted by the Council to the State Board of Elections in accordance with Section 24.1-165, Code of Virginia (1950), as amended, and to the Electoral Board of the City. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24814. A RESOLUTION approving eligibility standards for rehabilitation programs in the Highland Park and Hurt Park conservation projects. WHEREAS, as authorized by Ordinance No. 24769, the City Manager has executed an agreement for and on behalf of the City with the Roanoke Redevelopment and Housing Authority (hereinafter the authority) for the performance of certain services in implementing the City's Community Developme~ Program, including the Highland Park and Hurt Park conservation projects; WHEREAS, the aforesaid agreement requires that the Authority obtain the concurrence of this Council in the eligibility standards developed by the Authority for all rehabilitation loan and grant programs administered through the Authority; WHERAS, the Authority has developed the aforesaid standards and has transmitted them to this Council for approval; and WHEREAS, the Commissioners of the City of Roanoke Redevelopment and Housing Authority have approved the aforesaid standards; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the eligibility standards for rehabilitation programs in the Highland Park and Hurt Park conservation projects forwarded to the Council by the Roanoke Redevelopment and Housing Authority be, and they are hereby approved by this Council. APPROVED ATTEST: City Clerk Vice-Mayor IN THE CO~CIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24815. A RESOLUTION approving conservation plans for the Highland Park, Hurt Park and Gilmer Avenue conservation projects. WHEREAS, as authorized by Ordinance No. 24769, the City Manager has executed an agreement for and on behalf of the City of Roanoke with the Roanoke Redevelopment and Housing Authority (hereinafter, the Authority) for the performance of certain services in implementing the City's Community Development Program, including the Highland Park and Hurt Park conservation projects; WHEREAS, by Ordinance No. 24699, dated June 25, 1979, this Council authorized the City Manager to enter into a written agreement for and on behalf of the City with the Authority to establish a Demonstration Rehabilitation Program for the Gilmer Avenue conservation area; WHEREAS, State law requires that the City Council approve a conservation plan before the Housing Authority can initiate a designated conservation project; WHEREAS, the Authority has transmitted to Council certain proposed conservation plans for the Highland Park, Hurt Park and Gilmer Avenue conservation projects; WHEREAS, public hearings on the proposed conservation plans were held on August 13 and 16, 1979, with strong citizen support expressed; WHEREAS, the City Planning Commission has unanimously recommended that Council approve the aforesaid conservation plans; and WHEREAS, the aforesaid conservation plans have 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 plans forwarded to the Council by the Roanoke Redevelopment and Housing Authority for the Highland Park, Hurt Park and Gilmer Avenue conservation projects, having been duly received and considered, are hereby approved, and the City Clerk is directed to file copies of these conservation plans in the records of said City Clerk's Office. APPROVED ATTEST: 459 46O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24816. AN ORDINANCE authorizing the City Manager to execute State-Local Hospitalization Plan Agreements with the State Department of Welfare and certain hospitals to provide for in-patient and out-patient care and treatment for certain indigent citizens at certain rates, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager is hereby authorized and designated for and on behalf of the City to enter State-Local Hospitalization Plan Agreements with the State Department of Welfare and the following hospitals at the following rates to provide for out-patient and in-patient care and treatment of indigent citizens of this City upon certain terms and conditions and upon forms approved by the City Attorney: Out-Patient In-Patient Community Gill Memorial Lewis-Gale Medical College of Virginia Roanoke Memorial Roanoke Memorial Rehab. University of Virginia $ 15.00 $ 129.70 $ 15.00 $ 140.05 - 0 - $ 120.39 $ 15.00 $ 177.03 $ 15.00 $ 150.75 $ 15.00 $ 150.75 $ 15.00 $ 177.03. 2. That the terms of such agreements shall commence retrOactively as of July 1, 1979, and expire June 30, 1980; and 3. That, in order to provide for the usual daily operation of the municipal government and the health and safety of the public, an emergency is deemed to exist, and this ordinance shall be effective upon its passage and shall be retroactive in its effect to July 1, 1979. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24817. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS General Operating #2004 (1) .............................. $1,165,489.00 (1) Net increase (A04200420010) $38,570.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24818. AN ORDINANCE accepting a certain proposal and authorizing employment of an architectural, engineering and planning firm to prepare a feasibility study for the proposed expansion of the Terminal Building at Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions; authorizing the proper City officials to execute the requisite agreement therefor; rejecting certain other proposals; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of the firm of Howard Needles Tammen & Bergendoff, as set forth in the Selection Committee's report dated September 4, 1979 on file in the Office of the City Clerk, to prepare a feasibility study for the proposed expansion of the Terminal Building at Roanoke Municipal Airport, Woodrum Field, in accordance with the City's terms, conditions and requirements and criteria made therefor and with the firm's proposal, for a sum not to exceed $48,570.00, within five months from the date of commencement of work, is ACCEPTED; 2. That the proper City officials are authorized to execute, on behalf of the City, the requisite agreements, incorporating the City's terms, conditions, requirements and criteria for such study, the terms of the firm's proposal and the terms and provisions of this ordinance, the same to be upon form approved by the City Attorney; 3. That the City's Director of Finance is authorized to make payment for such study in an amount not to exceed $48,570.00 out of funds formerly or presently being appropriated for the purpose; 4. That the other proposals made to the City for providing the study are REJECTED; the City Clerk to so notify said other firms and to express to each the City's appreciation of their proposals; and 5. 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: ~~b~-~---- City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24819. 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 operations of the Municipal Government of the City of 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 General Operating #2003 (1) ......................... $3,774,579.00 Capital Outlay from Revenue #2401 (2) ............... $4,784,928.00 (1) Net increase (A03200320010) (2) Net decrease (A03240191301) $27,000.00 27,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 46Z City Clerk Vice-Mayor 462 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24820. AN ORDINANCE accepting the proposal of Black & Veatch, Consulting Engineers, to conduct a feasibility study with respect to sludge handling facilities at the Sewage Treatment Plant; authorizing the proper City officials to execute the requisite contract; rejecting other proposals; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of Black & Veatch, Consulting Engineers, to conduct a feasibility study with respect to handling of sludge at the Sewage Treatment Plant for a maximum fee of $52,000.00, within four (4) months from the date of the start of the work, is ACCEPTED; 2. That the City Manager and City Clerk are authorized and directed on behalf of the City to execute, seal and attest the requisite contract with Black & Veatch, Consulting Engineers, which shall incorporate the terms and conditions of this ordinance and the bidder's proposal and be upon such form as is approved by the City Attorney; 3. That the other proposals received by the City in this matter are hereby REJECTED,' and the City Clerk shall notify each bidder and express the City's appreciation for their proposals; and 4. That for the usual daily operation of the municipa! government an emergency is deemed to exist and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24821. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Capital Outlay from Revenue #2401 (1) ............ $2,729,345.27 (1) Net increase (A04240191204) $882,173.27 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Vice- Mayor 4 E; ,3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24822. AN ORDINANCE accepting a certain proposal and awarding a contract for construction of improvements to the access road 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; authorizing the City Manager on behalf of the City to enter into a contract with Delta Associates, Inc. to employ a firm to perform testing with respect to this construction; rejecting a certain other bid; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid and proposal made by John A. Hall & Company, Incorporated to construct improvements to the Airport Access Road from the vicinity of No. 10 Fire Station to the vicinity of Airport Building No. 1 at Roanoke Municipal Airport, Woodrum Field, in accordance with the City's plans and specifications therefor, for the sum of $801,975.70, payable as provided in the bid documents on file in the office of the City Clerk is ACCEPTED, subject to the following: (a) receipt of final approvals of this project from the Federal Aviation Administration (FAA) and the State Department of Aviation (SDA); (b) approval of a grant from the FAA to the City to provide $744,800.00 toward the cost of the improvements, constituting 80% of the total project cost of $931,000.00; (c) approval of a grant from SDA to the City to provide at least $43,500.00 toward the cost of the improvements. It is anticipated that the SDA will provide $93,100.00 toward the cost of the improvements, constituting 10% of the total project cost. If it does not, the City will pay the difference, in addition to its planned share of $93,100.00, constituting 10% of the total project cost; 2. That H. B. Ewert, City Manager, is authorized on behalf of the City to enter into the requisite contract with John A. Hall & Company, Incorporated, which contract shall incorporate the terms and conditions of this ordinance and the bidder's proposal and be upon such form as is approved by the City Attorney; 3. That the other bid received for the work is rejected and the City Clerk shall notify the other bidder and express the City's appreciation of the bid; 4. That H. B. Ewert, City Manager, or Sam H. ~fcGhee, 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 FAA and SDA and to execute the requisite grant contracts with those bodies, upon the City Attorney's approval of these documents; 5. That H. B. Ewert, City Manager, is authorized to contract with Delta Associates, Inc. for the latter to employ a firm to perform necessary specification testing with respect to the construction of the improvements, at a cost to the City not to exceed $12,000.00; 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 Vice-Mayor 464_ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24823. 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 General Operating #2003 (1) ...................... $3,819,211.00 Capital Outlay from Revenue #2401 (2,3) .......... 4,740,296.00 (1) Net increase (A03200325505) (2) Net decrease (A03240190025) (3) Net decrease (A03240190301) $44,632.00 $29,632.00 $15,000.O0 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24824. AN ORDINANCE providing for the acceptance of a certain bid and the award of a contract to Southwest Construction Company for the construction of a Concrete Crib Wall (Bin Wall) for the City's Sewage Treatment Plant; rejecting the other bids made to the City therefor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Southwest Construction Company for furnishing all labor, tools, equipment and materials necessary for the construction of a Concrete Crib Wall (Bin Wall) made of galvanized steel members for the City's Sewage Treatment Plant for a lump sum of $44,632.00, be, and is hereby ACCEPTED; that the City Manager be and is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute a 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; and that the cost for this work shall be paid out of funds appropriated for this purpose; 2. That the other bids received by the City for the performance of this work be and are hereby REJECTED, and the City Clerk is directed to so notify each bidder and to express the City's appreciation of receipt of its bid; 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 Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24825. 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 Contingencies #1880 (1) ................................ $ 626,729.50 Transfers #1855 (2) ................................ .... 9,092,899.00 CAPITAL PROJECTS FUND APPROPRIATIONS POL Distribution System #5006 (3) ...................... $ 48,000.00 (1) Net decrease (A01188072006) (2) Net increase (A01185587508) (3) Net increase (A08500690001) ,$1,ooo.o0 1,000.00 1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24826. AN ORDINANCE providing for the acceptance of a certain bid and the award of a contract to W. B. Goode Company, Inc., for the furnishing and installation of a Fluid Inventory Control system for the Garage at the City's Public Works Center; rejecting the other bid made to the City therefor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of W. B. Goode Company, Inc., for furnishing all labor, tools, equipment and materials necessary for the installation of a Fluid Inventory Control system for the Garage at the City's Public Works Center for a lump sum of $48,000.00, be, and is hereby ACCEPTED; that the City Manager be and is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute a 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; and that the cost for this work shall be paid out of funds appropriated for this purpose; 2. That the other bid received by the City'for the performance of this work be and is hereby REJECTED, and the City Clerk is directed to so notify said bidder and to express the City's appreciation of receipt of its bid; 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 Vice-Mayor 466 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24827. AN ORDINANCE authorizing the City Manager to extend full benefits of participation in the City's Classification and Pay Plans to the Commonwealth's Attorney and his officers and employees upon execution by the Commonwealth's Attorney of a written agreement to be prepared by the City Attorney; 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, for and on behalf of the City, to execute and attest, respectively, an agreement with the Commonwealth's Attorney for the City of Roanoke in a form approved by the City Attorney providing that, in consideration for participation in the City's Classification and Pay Plans and other City benefits, the Commonwealth's Attorney and his officers and employees shall comply with Chapters 13.01 and 13.02 of Title II, Code of the City of Roanoke (1956), as amended, all personnel regula- tions heretofore or hereafter promulgated by the City Manager, the Affirmative Action Plan of the City and to classification of officers and employees of the Office of the Commonwealth's Attorney by the City Manager or his designee; 2. That the term of such agreement shall be indefinite continuing until terminated by written notice of the City or the Commonwealth's Attorney; 3. That such agreement shall be retroactive to April 1, 1979, as to the person holding the position of Chief Deputy Commonwealth's Attorney on August 1, 1979, and shall be retroactive to July 1, 1979, as to all other Assistant Commonwealth's Attorneys; 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 Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24828. A RESOLUTION cancelling the regular Financial and Planning Session of the Council of the City of Roanoke scheduled for September 17, 1979, cancelling the regular meeting of the Council set for September 24, 1979, and setting a regular meeting for September 17, 1979. BE IT RESOLVED by the Council of the City of Roanoke that the regular Financial and Planning Session of the Council scheduled for September 17, 1979, and the regular meeting scheduled for September 24, 1979, be, and they are hereby CANCELLED, and that a regular meeting be, and is hereby set for September 17, 1979. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24829. A RESOLUTION designating a voting delegate for and on behalf of the City of Roanoke to the Annual Meeting of the Virginia Municipal League, designating an alternate voting delegate to act in the absence of the voting delegate, and designating a staff assistant for the Urban Section of the Annual Meeting. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Mayor Noel C. Taylor is hereby designated by this Council as a voting delegate for and on behalf of the City of Roanoke to the Annual Meeting of the Virginia Municipal League to be held in Roanoke, Virginia, on September 25, 1979; 2. That, in the absence of the foregoing designated voting delegate, Vice-Mayor Charles L. Landis is hereby designated by this Council to vote for and on behalf of the City of Roanoke; 3. That the City Manager, H. B. Ewert, is hereby designated by this Council as the City's Staff Assistant to attend the Urban Section of the Annual Meeting of the Virginia Municipal League; and 4. That the Mayor be, and is hereby, authorized to certify to the Virginia Municipal League on forms provided by the League this Council's designation of the City's representatives as set forth in this Resolution. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1979. No. 24830. A RESOLUTION adding certain members to the Roanoke Centennial Commission previously created; authorizing the said Commission to incorporate itself; and authorizing the Commission to fill by its own action any vacancies that may arise in its membership. WHEREAS, by Resolution No. 24641, adopted May 14, 1979, this Council established the Roanoke Centennial Commission and provided for its membership; WHEREAS, the said Commission has requested that additional members be added to the Commission, that it be authorized to incorporate itself, and that it be authorized to fill by its own action any vacancies that may arise in it membership; BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. ~That~ . the following individuals are hereby added to the membership of the Roanoke Centennial CommisSion: Lacy L. Edwards, Jr. David M. Farnum Jack M. Goodykoontz Percy T. Keeling Barton W. Morris, Jr. Samuel G. Oakey Larry E. Poteat, Jr. Rose Ann Sigmon Nicholas F. Taubman John R. Turbyfill Charles L. Whitehurst, Jr. 2. That the said Commission is hereby authorized to seek the incorporation of itself upon approval of its membership; and 3. That the said Commission is hereby authorized to fill by its own action any vacancies that may arise in its membership. APPROVED ATTEST: 467 468 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of September, 1979. No. 24831. A RESOLUTION in memory of the late Gus W. Nicks, Mayor of the Town of Vinton. WHEREAS, the members of this Council learned with deepest regret of the sudden death of the Honorable Gus W. Nicks, Mayor of the Town of Vinton, on September 8, 1979; WHEREAS, Mr. Nicks had been a resident of the Roanoke Valley since 1945, a member of the Vinton Town Council since 1966 and Mayor of the Town of Vinton since 1970; WHEREAS, Mr. Nicks served the Town of Vinton in an exemplary fashion for thirteen years and will be remembered for his love of the Town and his honest, fair and forthright manner; WHEREAS, Mr. Nicks was one of the Commonwealth's outstanding civic leaders and was, in fact, scheduled to become President of the Virginia Municipal League at the League's annual conference which will be held in Roanoke later this month; WHEREAS, Mr. Nicks was often a mediator in bringing the local governments in the Roanoke Valley closer together and his death is a tragic loss, and this Council deems it appropriate to recognize his public service; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body, on behalf of the Council and citizens of the City of Roanoke, extends to the widow, family and friends of the late Gus W. Nicks the deepest sympathy in their time of bereavement; BE IT FURTHER RESOLVED that an attested copy of this expression of sympathy be transmitted by the City Clerk to Mrs. Lois Naff Nicks and to the Clerk of the Town of ¥inton to be made a part of the permanent records of the Town. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of September, 1979. No. 24834. A RESOLUTION authorizing waiver to the Roanoke Valley Shrine Club-Kazim Temple of payment of admissions taxes and rental charges for the use of Victory Stadium on November 3, 1979. WHEREAS, the Roanoke Valley Shrine Club-Kazim Temple, sponsoring a football game between the teams of Ferrum College of Ferrum, Virginia, and Liberty Baptist College of Lynchburg, Virginia, has approached the Council with request that certain charges and expenses normally attendant upon the use of Victory Stadium, where the game is desired to be played, be waived; in which request the Council is willing to concur. THEREFORE, BE IT RESOLVED by the Council of Roanoke that said Council doth authorize waiver to the Roanoke Valley Shrine Club-Kazim Temple 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 said Club's planned football game on November 3, 1979, to be held at said facility. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy hereof to Barry N. Lichtenstein, Esquire, representative of the aforenamed Club. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of September, 1979. No. 24835. AN ORDINANCE authorizing the issuance of Change Order No. 3, providing for a 60-day time extension to the City's contract with Watts and Breakell, Inc., dated September 27, 1978, for construction of and additions to four city parks, 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 be and is hereby authorized and directed to issue and execute Change Order No. 3, to the City's contract dated September 27, 1978, with Watts & Breakell, Inc., for construction of and additions to four city parks, which said change order shall provide for a 60-day extension of time until October 31, 1979, to complete the work for the reasons set out in the City Manager's report dated September 10, 1979, a copy of which is on file in the Office of the City Clerk, said change order not to result in any additional cost to the City; 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 10th day of September, 1979. No. 24836. A RESOLUTION confirming the City Manager's appointment of W. Robert Herbert as Director of Administration and Public Safety in the administrative service of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That said Council, pursuant to Section 7 of the City Charter, doth hereby confirm the City Manager's appointment of W. Robert Herbert as Director of Administration and Public Safety; 2. That such appointment shall be effective on a date to be established by and between the City Manager and the appointee with the City Manager to report such date as shall be agreed upon to Council for the permanent records of the City; and 3. That the appointee to the position of Director of Administration and Public Safety shall not be a member of or entitled to any benefits from the Employees' Retirement System of the City of Roanoke, but instead the City shall contribute 9% of the base salary of such officer to the ICMA Retirement Corporation Deferred Compensation Plan on behalf of such officer effective on the date of appointment as reported by the City Manager. APPROVED ATTEST: City Clerk Mayor 470 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of September, 1979. No. 24839. AN ORDINANCE establishing a Deferred Compensation Plan for certain officers of the City in lieu of their participation in the Employees' Retirement System, requiring their irrevocable election, authorizing the Mayor to execute the document entitled "International City Management Association Retirement Corporation Deferred Compensation Plan", authorizing the Director of Finance to execute the joinder agreements, establishing the amount of the City's contribution on behalf of such officers, and providing for an emergency. WHEREAS, the City of Roanoke has in its employ certain valuable personnel and said employee are and will be rendering valuable services to the City; WHEREAS, the City has previously established for its City Manager a Deferred Compensation Plan made available to the City and to certain employees by the International City Management Association Retirement Corporation; WHEREAS, said employees are often unable to acquire retirement security under other existing and available retirement plans due to the contingencies of employment mobility; WHEREAS, the City receives benefits under said plans by being able to assure reasonable retirement security to said employees, by being more able to attract competent personnel to its service and by increasing its flexibility in personnel management through elimination of the need for continued employment for the sole purpose of allowing an employee to qualify for retirement benefits; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That, in addition to the City Manager, the Assistant City Manager, the City Attorney, the Director of Finance, the Municipal Auditor, the City Clerk, the City Assessor and the four directors appointed by the City Manager and confirmed by City Council shall be eligible to participat in the Deferred Compensation Plan of the International City Management Association Retirement Corporation in lieu of participation in the Employees' Retirement System of the City of Roanoke; 2. That the aforementioned officers shall execute an irrevocable option in a form approved by the City Attorney evidencing their intent to participate in the Employees' Retirement System or the aforementioned Deferred Compensation Plan; 3. That the City of Roanoke hereby establishes said Deferred Compensation Plan for such officers as elect to participate and hereby authorizes its Mayor to execute the document entitled "International City Management Association Retirement Corporation Deferred Compensation Plan"; 4. That the Director of Finance may on behalf of the City execute all Joinder Agreements with such officers as are necessary for their participation in the Plan; and 5. That the City shall contribute nine percent (9%) of the base salary of such partici- pating officers to the ICMA Retirement Corporation Deferred Compensation Plan on behalf of such officers, and, with respect to the officers in the City's employ on the effective date of this ordinance, the City shall make an initial contribution of the maximum permitted by law and Internal Revenue Service Regulations. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of September, 1979. No. 24840. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund, 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 General Fund, Water Fund, and Sewage Treatment Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: 47 1. GENERAL FUND APPROPRIATIONS: Miscellaneous #1850 (1) ................................. $1,290,930.00 Transfers #1855 (2,3) ................................... 9,338,411.00 WATER FUND APPROPRIATIONS: Capital Outlay from Revenue #2401 (4) ................... 2,425,540.00 REVENUE: Non-Operating Revenue (5) ............................... 1,174,330.00 SEWAGE TREATMENT FUND APPROPRIATIONS: Interest Expense #2205 (6) .............................. 327,296.00 REVENUE: Non-Operating Revenue (7) ............................... 223,527.00 (1) Net increase (A01185090101) ........... $946,833.00 (2) Net increase (A01185587202) ........... 37,985.00 (3) Net mncrease (A01185587303) ........... 208,527.00 (4) Net ~ncrease (A02240194001) ........... 37,985.00 (5) Net mncrease (R02224701) .............. 37,985.00 (6) Net mncrease (A03220589802) ........... 46,523.00 (7) Net increase (R03224701) .............. 208,527.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of September, 1979. No. 24841. AN ORDINANCE authorizing the City Manager to extend full benefits of participation in the City's Classification and Pay Plans to the constitutional officers and their deputies and employees upon execution by such officers of written agreements to be prepared by the City Attorney; 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, for and on behalf of the City, to execute and attest, respectively, agreements with the Commissioner of Revenue, Treasurer, Sheriff and Clerk of the Circuit Court in a form approved by the City Attorney providing that, in consideration for participation in the City's Classification and Pay Plans and other City benefits, such constitutional officers and their deputies and employees shall comply with Chapters 13.01 and 13.02 of Title II, Code of the City of Roanoke (1956), as amended, all personnel regulations heretofore or hereafter promulgated by the City Manager, the Affirmative Action Plan of the City and to classification of deputies and employees of such con- stitutional officers by the City Manager or his designee; 2. That the term of such agreements shall be indefinite continuing until terminated by written notice of the City or of any constitutional officer; 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 472 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of September, 1979. No. 24842. AN ORDINANCE repealing Sections 4, Same - appointments; qualifications, and 5, Same - General powers; assistants, of Chapter 9, Annual assessment of real property for taxation, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended; providing that the Office of the Assessor shall temporarily be assigned to the Directorate of Finance;providing for the effective date and duration of this ordinance; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 4, Same - appointments; qualifications, and 5, Same -General powers; assistants, of Chapter 9, Annual assessment of real property for taxation, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, be and said sections are hereby REPEALED; 2. That the Office of the Assessor created pursuant to Chapter 9 of Title VI, shall temporarily be assigned to the Directorate of Finance, and the City Assessor shall temporarily report to and be subject to the direction, control and supervision of the Director of Finance; 3. That this ordinance shall be in full force and effect until repealed or otherwise amended by action of this Council; 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 17th day of September, 1979. No. 24832. 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. 436, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that certain tract of land containing 2.06 acres, fronting on State Route 116 (Mount Pleasant Boulevard, S. E.), being part of Official Tax No. 4360601, rezoned from RD, Duplex Residential District, to C-l, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to C-I, Office and Institutional District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 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 10th day of September, 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. 436 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on State Route 116 (Mount Pleasant Boulevard, S. E.), described as containing 2.06 acres, designated on Sheet 436 of the Sectional 1976 Zone Map, City of Roanoke, as part of Official Tax No. 4360601, be, and is hereby, changed from RD, Duplex Residential District, to C-i, Office and Institutional District, and that Sheet No. 436 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1979. No. 24833. AN ORDINANCE to amend Section 2 of Chapter 4.1 of Title XV, Code of the City of Roanoke (1956), as amended, and Sheet No 401, Sectional 1976 Zone Map, City of Roanoke, to designate an H-l, Historic District, in the City Market area. WHEREAS, by resolution, the City Planning Commission has initiated and recommended to City Council the amendment of Section 2 of Chapter 4.1 of Title XV, Code of the City of Roanoke (1956), as amended, and Sheet No. 401, Sectional 1976 Zone Map, in order to designate as an H-l, Historic District, an area surrounding the City Market and bounded on the north by Norfolk Avenue, on the east by Williamson Road, on the south by Church Avenue, with the exception of the inclusion of the parcel containing Fire Station No. 1, and on the west by a line located approximately one hundred (100) feet to the east of South Jefferson Street and running parallel to the same up to Salem Avenue and following Salem Avenue and South Jefferson Street to Norfolk Avenue, with the exception of the exclusion of the two parcels containing a parking lot between Campbell Avenue and Kirk Avenue and including those parcels of land described as Official Tax Nos. 4010112 through 4010114 inclusive, 4010116, 4010205 through 4010210 inclusive, 4010212, 4010213, 4010217, 4010306 through 4010319 inclusive, 4010401, 4010501 through 4010510 inclusive, 4010808, 4010809, 4010901 through 4010913 inclusive, 4011307 through 4011318 inclusive, 4011401 through 4011412 inclusive, 4011706, Parcel #1 in the Downtown East Redevelopment Project Area, and certain other parcels owned by the City of Roanoke as shown on Sheet No. 401, Sectional 1976 Zone Map, and on the attached map; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71 of Chapter 4.1 of Title XV, Code of the City of Roanoke (1956), as amended, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 10th day of September, 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 designating of an Historic District; and WHEREAS, this Council, after considering the aforesaid resolution of the City Planning Commission, the recommendations made to the Council and matters presented at the public hearing, is of opinion that the afore-described area is one containing buildings and structures having important historic, architectural and cultural interest, and having special public value because of notable architectural and other features relating to the cultural heritage of the City, of such significance as to warrant conservation and preservation, and is of the opinion that such area should be designate~ as an Historic District pursuant to the provisions of Section 33.3 et seq. of Chapter 4.1 of Title XV, Code of the City of Roanoke (1956), as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 2 of Chapter 4.1 of Title XV, Code of the City of Roanoke (1956), as amended, and Sheet No. 401 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property designated as Official Tax Nos. 4010112 through 4010114 inclusive, 4010116, 4010205 through 4010210 inclusive, 4010212, 4010213, 4010217, 4010306 through 4010319 inclusive, 4010401, 4010501 through 4010510 inclusive, 4010808, 4010809, 4010901 through 4010913 inclusive, 4011307 through 4011318 inclusive, 4011401 through 4011412 inclusive, 4011706, Parcel #1 in the Downtown East Redevelopment Project Area, and certain other parcels owned by the City of Roanoke as shown on Sheet No. 401, Sectional 1979 Zone Map and on the attached map be and is hereby designated on the Sectional 1976 Zone Map as an H-i, Historic District, such district to be a district overlayin~ and in addition to the existing underlying zoning district, in accordance with Section 33.4 (3) of Chapter 4.1 of Title XV, Code of Virginia (1956), as amended. APPROVED ATTEST: City Clerk Mayor 473 474 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1979. No. 24837. AN ORDINANCE amending and reordaining Chapter 8, License Tax Code, of Title VI, Taxation, Code of the City of Roanoke (1956), as amended, by adding new Article II, Business~ Professional and Occupational License Taxation and new Article III, Special License Taxation and repealing present Article II, Schedule; repealing subsection 4B, LiCense fees, of Chapter 3, Bankrupt~ Fire and Closing-Out Sales, of Title XX, Businesses and Occupations, Code of the City of Roanoke (1956), as amended; amending and reordaining Title XX, BuSinesses and Occupations, Code of the City of Roanoke (1956), as amended, by adding new Chapters 7, Bondsmen, 8, Itinerant Vendors, 9, Junk Dealers and 10, Professions; and providing an effective date of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Chapter 8, License Tax Code, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, is amended and reordained by the addition of new Article II, Business~ Professional and Occupational License~Taxation, and new Article III, Special License Taxation to read and provide as follows: ARTICLE II Business, Professional and Occupational License Taxation Section 1. Categories. There are established four categories for the purpose of setting rates for business, professional and occupational license (BPOL) taxation: Contracting and persons constructing for their own account for sale; 2. Retail sales; Financial, real estate (except brokers and salesmen) and professional services; and Repair, personal and business services and all other businesses and occupations not specifically listed or excepted in this chapter. 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" issued by the Department of Taxation, Commonwealth of Virginia, Richmond, January 1, 1979 (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 four categories 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 occupations into the proper category 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 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 of (1) Contracting and persons constructing for their own account for sale; (2) Retail sales; (3) Financial, real estate (except brokers and salesmen) and professional services; and (4) Repair, personal and business services and at1 other businesses and occupations not specifically listed or excepted in this chapter, during the periods set forth, shall be as follows: 475 CATEGORY Contracting and persons constructing for their own account for sale Retail Sales Financial, real estate (except brokers and salesmen) and professional services Repair, personal and business services and all other businesses and occupations not specifically listed or excepted in this chapter CATEGORY Contracting and persons constructing for their own account for sale Retail Sales Financial, real estate (except brokers and salesmen) and professional services Repair, personal and business services and all other businesses and occupations not specifically listed or excepted in this chapter JANUARY 1, 1980 $44.00 + 14¢/$100 $44.00 + 44¢/$100 $16.00 + 88¢/$100 $44.00 + 44¢/$100 JANUARY 1, 1984 $30.00 + 14¢/$100 $30.00 + 29¢/$100 $11.00 + 59¢/$100 $29.00 + 37¢/$100 JANUARY 1, 1981 $40.00 + 14¢/$100 $40.00 + 40¢/$100 $15.00 + 76¢/$100 $40.00 + 45¢/$100 JANUARY 1, 1985 $27.00 + 14¢/$100 $27.00 + 25¢/$100 $10.00 + 59¢/$100 $27.00 + 36¢/$100 JANUARY 1~ 1982 $36.00 + 14¢/$100 $36.00 + 35¢/$100 $13.00 + 65¢/$100 $36.00 + 45¢/$100 JANUARY 1, 1986 (and thereafter) 14¢/$100 20¢/$100 58¢/$100 36¢/$100 JANUARY 1, 1983 $33.00 + 14¢/$100 $33.00 + 32¢/$100 $12.00 + 65¢/$100 $33.00 + 41¢/$100 Nothing in this article and in Article III of this chapter shall be deemed a license tax levy on those businesses, professions or occupations exempt from such taxation under this chapter, general law of this state or of the United States of America. Section 3. Amusement. The term of the license to conduct for profit a theatrical performance, public exhibition or any form of public amusement in this city shall be one day. No license or license tax for a theatrical performance, public exhibition or public amusement shall be required or assessed when the whole of the net proceeds from the activity is applied for religious or charitable purposes; when such activity is promoted by a nonprofit cultural or religious organi- zation; or when only local amateurs participate in the activity and no compensation or gain, directly or indirectly, enures to the benefit of its promoter and the entire net proceeds are devoted exclusively to defraying its expenses. Before any license shall be issued the applicant shall deposit with the Treasurer such sum as the Commissioner may require to be held as security for the payment of the license tax. On the day following the expiration of any such daily license the applicant shall file with the Commissioner a certificate in writing in form prescribed by the Commissioner and sworn to before an officer authorized to administer oaths, showing such gross receipts for the previous day. The Commissioner shall compute and assess the license tax. Unless the applicant pays the assessment, he shall not be entitled to further conduct such activity until the sum is paid. Further conduct of such activity while the sum is unpaid shall constitute operation without a license and each day's operation without a license shall constitute a separate offense. Upon the termination of the activity in this city and the payment of all license taxes the City Treasurer shall refund the deposit to the applicant or to the person making the deposit. '476 Should the applicant fail to file the certificate of gross receipts for the last day of operation in this city and pay the license tax for the day within five days from the termination of the operation of the activity, the Commissioner shall assess the license tax for the last day at the amount of the deposit; and the city shall retain the deposit in full payment of the license tax due for that day's operation. No such license shall be transferable. Section 4. Coin-operated machines. The BPOL tax with respect to coin-operated machines shall be assessed only with respect to gross receipts received from coin-operated machines operated in this city. Gross receipts from machines vending merchandise or postage stamps shall be deemed gross receipts from retail sales. On or before the thirty-first day of January of each year, every operator of a coin-operated machine in this city shall furnish to the Commissioner a complete list of all machines on location and the address of each location. Each machine shall have conspicuously located thereon a decal, sticker or other adhesive label, no less than one by two inches in size, clearly denoting the operator's name and address. Section 5. Contractors. The license tax for a contractor who has no office in the state shall be assessed and paid at the prevailing rate on the amount of gross receipts of the business which he estimates he will do in the city in each year, and shall be adjusted by the Commissioner to the actual gross receipts derived from such business in the city at the end of each year, or at such time during any year at which he ceases to do business in the city. When a contractor has paid a state license, and a local license required by the jurisdiction in which his principal office and any branch office may be located, he shall not be subject to the provisions of this chapter except when the amount of his business in the city exceeds the sum of $25,000 in any tax year. In that event, he shall pay a license tax to be assessed and collected at the prevailing rate on the gross receipts for the business which he estimates he will do in the city in each year, which license tax shall be adjusted to the actual gross receipts derived from such business in the city at the end of each year, or at such time during any year at which he ceases to do business in the city. Ail work subcontracted to a subcontractor by a contractor shall be included in the gross receipts by both such contractor and subcontractor as a base for the license tax provided for in this section. It shall be the duty of every such contractor who subcontracts any portion of the work contracted for to notify the Commissioner and the Building Commissioner of this city of the subcontracting, giving amounts subcontracted and the names and addresses of all persons to whom any portion of the work is subcontracted. The Commissioner shall, from time to time, furnish the City Manager a list of all licensed contractors. No permit with respect to construction of improvements to real estate shall be issued to a contractor until the City Manager is satisfied that the license required by this section has been obtained. Section 6. Merchants~ retail. Any retail merchant may conduct the business of a wholesale merchant, provided he pays the tax on' wholesale sales, imposed by this chapter and by general law of this State. If a manufacturer proposes to sell, at a definite place or store, or at the place of manufacture, the whole or a portion of the goods manufactured by him, or by-products of such manufacture at retail only, then such manufacturer shall take out a retail merchants license under this article for the privilege of making such sales. Section 7. Taxicabs and other for-hire passenger motor vehicles. Every operator of taxicabs or for-hire passenger motor vehicles, any part of whose business originates within the corporate limits of the city, shall pay, in addition to other fees and taxes imposed upon motor vehicles, a monthly license tax computed according to the rates set out in this article. The tax shall be payable monthly on or before the tenth day of each month on the gross receipts derived from such business during the preceding month. If any tax is not paid, the amount due shall be subject to a penalty of ten percent of the amount due, in addition to the regular license tax. The penalty shall be assessed and paid along with the license tax and shall become a part of the license tax. Section 8. Criminal penalty. Any person violating any provision of this article shall, upon conviction, be guilty of a Class 3 Misdemeanor and punished according to the penalties set forth in Section 18.2-11(c), Code of Virginia (1950), as amended. ARTICLE III Special License Taxation Section 1. Alcoholic beverases. A. Effective January 1, 1980 there is imposed upon every person holding a mixed beverage restaurant license from the Virginia Alcoholic Beverage Control Commission for establishments located within this city, in addition to all other license taxes assessable, an annual license tax as follows: (1) For operating restaurants, including restaurants located on premises of and operated by hotels or motels: for each such restaurant with a seating capacity at tables for fifty to one hun- dred persons, one hundred sixty dollars; for each such restaurant with a seating capacity at tables for more than one hundred, but not more than one hundred fifty persons, two hundred eighty dollars; for each such restaurant with a seating capacity at tables for more than one hundred fifty persons, four hundred dollars. (2) For operating a restaurant located on the premises of a private, nonprofit club, two hundred eighty dollars. B. Effective January 1, 1980 there is imposed the following annual license taxes with respect to the manufacture and sale of alcoholic beverages: (1) for each distiller's license, if more than 5,000 gallons of alcohol are manufactured during the license year, including bottling, eight hundred dollars; (2) for each winery license, including bottling eight hundred dollars; (3) for each brewrey license, including bottling, eight hundred dollars: (4) for each bottler's license, four hundred dollars; (5) for each wholesale beer license, forty-four dollars, plus twenty-six cents on each one hundred dollars of gross purchases; (6) for each wholesale wine distributor's license, forty-four dollars plus twenty-six cents on each one hundred dollars of gross purchases; (7) for each wholesale druggist's license, eight dollars; 477 478 (8) for each retail on/off-premises beer and/or wine license, one hundred twenty dollars; (9) for each retail beer license for beer sales on premises only, eighty dollars; (10) for each banquet license, four dollars; (11) for each fruit distiller's license, twelve hundred dollars. C. The term "gross purchases" means the total cost to the wholesale merchant of the product purchased or obtained for resale whether paid or not during the year preceding the then current year, including, but not limited to transportation charges, fines, service charges, interest and rentals. D. For the purpose of measuring gross receipts and gross purchases for BPOL license taxation under this chapter, receipts and costs attributable to mixed drink and alcoholic beverages sales and purchases shall be included in the base for measuring such BPOL license taxes the same as if the mixed drink and alcoholic beverages were non-alcoholic. No local alcoholic beverage license shall be construed as exempting any licensee from any BPOL tax. Such BPOL tax shall be in addition to the local alcoholic beverage license tax imposed by this section. Section 2. Carnivals. Effective January 1, 1980 there is imposed upon every person operating a carnival (as defined on page 2 of Guidelines) in this City a license tax of four hundred and forty dollars per day plus eighty-eight cents on each one hundred dollars of gross receipts. The term of the license to operate a carnival shall be one day. The operator of a carnival shall need no additional license for the privilege of selling soft drinks, confections, food, souvenirs and novelties on the grounds on which the show is exhibited. Before any license shall be issued, the applicant shall deposit with the Treasurer such sum as the Commissioner shall deem reasonable to be held as security for the payment of so much of the license tax as is based on gross receipts. On the day following the expiration of the license, the applicant shall file with the Commissioner a certificate in writing, in form prescribed by the Commissioner, and sworn to before an officer authorized to administer oaths, showing such gross receipts for the previous day. The Commissioner shall compute and assess the license tax. Until the sum is paid, the applicant shall not be entitled to further operate the carnival. Further operation while the sum is unpaid shall constitute operation without a license, and each day's operation shall constitute a separate offense. Upon the termination of the carnival in this city and the payment of all license taxes, the Treasurer shall refund the deposit to the applicant or to the person depositing the same. Should the applicant fail to file the certificate of gross receipts for the last day of operation in the city, and pay the license tax for that day within five days from the termination of the operation of the carnival in the city, the Commissioner shall assess the license tax for that day at the amount of the deposit, and the city shall retain the deposit in full payment of the license tax due for that day's operation. Section 3. Coin-operated machines. Effective January 1, 1980, there is imposed upon every operator (as defined in Section 58-266.1(11) Code of Virginia (1956), as amended) of any coin-operated machine doing business in this city a license tax of one hundred sixty dollars per year. This license shall be in addition to the BPOL tax on gross receipts provided for in Article II of this chapter. The license tax provided for in this section shall not be applicable to operators of weighing machines, automatic baggage or parcel checking machines or receptacles, vending machines which vend goods, wares and merchandise or postage stamps or provide service only, viewing machines or photomat machines, or of machines affording rides to children and vending newspapers. Section 4. Fortune tellers. Effective January 1, 1980, there is imposed upon every person doing business in this city as a fortune teller (as defined on page 2 of Guidelines) a license tax of twelve hundred dollars per 479 Section 5. Ma~azine or'boOk sellers. Effective January 1, 1980, there is imposed upon every transient person who sells magazines, books or printed material in this city for a period of fourteen days or less a license tax of seven dollars and fifty cents per week. Section 6. Public service companies. Effective January 1, 1980, there is imposed on every public service com- pany doing business in this city, the following annual license taxes: (a) Every person engaged in the business of selling water, gas, heat or electricity in this city shall pay a license tax of forty cents on each one hundred dollars of gross receipts derived from such business in the city. (b) Every person engaged in the telephone business and operating one or more telephone exchanges in this city, for the privilege of doing business in the city, shall pay a license tax of two and four/tenths percent (2.4%) of the gross receipts from local telephone exchange service within the city and from local telephone directory listings and advertising received by such person from business done in the city. Such gross receipts shall include only receipts from business done exclusively in this city and shall exclude receipts from business done to and from points outside this state and receipts from any business done with the government of the United States. (c) Every person engaged in the business of sending telegrams from the city to a point within the state and of receiving telegrams in the city from a point in the state, excluding telegrams sent to or received by the governments of the United States or Commonwealth of Virginia, shall pay a license tax of four hundred and forty dollars. Section 7. Real estate brokers and salesmen. A. Effective January 1, 1980, there is imposed upon every real estate broker as defined in Section 54-730, Code of Virginia (1950), as amended, 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 through December 31, 1982, thirty-six dollars plus forty-seven cents per one hundred dollars of gross receipts; (4) from January 1, 1983 through December 31, 1983, thirty-three dollars plus forty-seven cents per one hundred dollars of gross receipts; (5) from January 1, 1984 through December 31, 1984, twenty-nine dollars plus forty-seven cents per one hundred dollars of gross receipts (6) from January 1, 1985 through December 31, 1985, twenty-seven dollars plus forty-seven cents per one hundred dollars of gross receipts; (7) from January 1, 1986 and thereafter, 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. Section 8. Savings and loan associations. Effective January 1, 1980, there is imposed upon every person doing business as a savings and loan association having its main office in this city an annual license tax of forty dollars. Section 9. Shows and sales. Effective January 1, 1980, there is imposed upon every person conducting a show or exhibition of goods at which goods are sold, a license tax of thirty dollars per year. 480 Section 10. Street and other sellers. Effective January 1, 1980, there is imposed upon every transient person who sells goods on the streets or in or about the public places of this city for a period of fourteen days or less a license tax of six dollars per week. Section 11. Wholesale merchant. (a) Effective January 1, 1980, there is imposed upon every person doing business as a wholesale merchant an annual license tax of forty-four dollars plus twenty-six cents on each one hundred dollars of purchase made by him in his business. (b) A wholesale merchant is any person who sells goods to persons for resale, or who sells goods to institutional, commercial or industrial users and who has a definite place of business or store in this city. When used in connection with the license tax on wholesale merchants, the term "purchase" is defined as the total cost to the wholesale merchant of all goods purchased or obtained by him for resale, consumption or manufacture whether paid or not during the year preceding the then current year, including, but not limited to, transportation charges, fines, service charges, interest and rentals. With respect to wholesale beer merchants and wholesale wine distributors paying a license tax under Section 1, Article III of this chapter for the privilege of selling or distributing alcoholic beverages, the term "purchase" shall not include that amount necessary to produce a BPOL tax on the wholesale merchant or distributor equal to the local alcoholic beverage license tax paid by such wholesaler or distributor. A wholesale merchant who proposes to conduct both retail and wholesale sales shall obtain a separate license therefore under Article II of this chapter. If a manufacturer having any facility in this city proposes to sell goods at wholesale at a place or places other than the place of manufacture, he shall obtain a wholesale merchant's license. The cost of manufacture of the goods sold at wholesale shall be deemed the cost of purchase'for purposes of license tax assessment. Section 12. Criminal penalty. Any person violating any provision of this article shall, upon conviction, be guilty of a Class 3 Misdemeanor and punished according to the penalties set forth in Section 18.2-11(c), Code of Virginia (1950), as amended. 2. That present Article II, Schedule (consisting of Sections 30 through 117) of Chapter 8, License Tax Code, of Title VI, Taxation, Code of the City of Roanoke (1956), as amended, is hereby REPEALED; 3. That subsection 4B, License fees, of Chapter 3, Bankrupt~ Fire and Closing- Out Sale, of Title XX, Businesses and Occupations, Code of the City of Roanoke (1956), as amended, is hereby REPEALED; 4. That Title XX, BUsinesses and Occupations, of the Code of the City of Roanoke (1956), as amended, is amended by the addition of new Chapters 7, Bondsmen, 8, Itinerant Vendors, 9, Junk Dealers and 10, Professions, to read and provide as follows: Chapter 7. Bondsmen. Section 1. Licenses. Every person who shall for compensation enter into any bond for others, whether as principal or surety, shall obtain a business license under Chapter 8, Title VI, of this code. No such professional bondsman or his agent shall enter into any such bond in this city until he shall have obtained such license. The issuance of a business license to an applicant for a bondsmen's license and the conduct of the business of a bondsman shall be governed by the provisions of Section 58-371.2, Code of Virginia (1950), as amended. Section 2. Penalty. Any person entering into a bond for others, whether as principal or surety, for compensation, not having been first licensed under the provisions of this chapter, and any licensed bondsmen who violates any provision of this chapter, shall, upon conviction thereof, be guilty of a Class 1 Misdemeanor and punished according to the penalties as set forth in Section 18.2-11(a), Code of Virginia (1950), as amended. The Commissioner, after notice and opportunity to be heard afforded to the license holder, may revoke the license of any bondsman who violates the provisions of this chapter. Chapter 8. Itinerant Vendors. An itinerant vendor is defined as a person who shall engage in transient or temporary business in the city for the sale of goods and who, for the purpose of carrying on such business, shall lease any facilities for a period of less than one year for the exhibition of such goods. Every itinerant vendor who has not been licensed under Chapter 8, Title VI, of this code, as a retail merchant for at least one year and who proposes to obtain an itinerant vendor's license shall file with the application for such license an affidavit of the owner of the facility to be used by the applicant stating for what period the facility has been leased by the applicant. No itinerant vendor license shall be issued until the affidavit is received by the commissioner. Chapter 9. Junk Dealers. Every person who shall purchase, sell, barter or exchange discarded or abandoned used tangible personal property (junk) for resale shall be deemed a junk dealer. No person shall canvass for the purpose of buying any junk or canvass for any junk dealer, unless such person be appointed and authorized to do so in writing by some junk dealer licensed under Chapter 8, of Title VI, of this code. Every junk dealer proposing to appoint a canvasser shall take out a business license for each canvasser. The canvasser's license shall be issued in the name of the dealer applying for it and shall show the name of the canvasser. No license shall be granted to any junk dealer until the junk dealer shall have produced to the Commissioner a license as provided in Section 54-826, Code of Virginia (1950), as amended, and until the place for conducting the business shall have been approved in writing by the City Manager. Every person violating any of the provisions governing junk dealers shall be guilty of a Class 3 Misdemeanor and, upon conviction thereof, punished according to the penalties set forth in Section 18.2-11(c), Code of Virginia (1950), as amended. Chapter 10. Professions. When any profession is conducted by a corporation, firm or partnership, the Commissioner may issue the professional license to the corporation, firm or partnership. In that case the license tax shall be imposed upon the gross receipts of such corporation, firm or partnership. Payment of the tax by the corporation, firm or partnership shall discharge the license tax liability of all officers, members, partners or associates who receive their entire compensation for the practice or conduct of such business or profession from the gross receipts upon which such tax is based. The names of all officers, members, partners or associates participating in the gross receipts shall be reported on the application for license and listed on the license. Every architect, civil engineer, consulting engineer, contracting engineer, electrical engineer, mechanical engineer or surveyor not having a principal or branch office in the city, who has not paid a local professional license tax in this state, and who shall furnish plans or specifications for work to be done in the city, shall pay a license tax measured by the proportion of his yearly gross receipts attributable to work done in this city. The license must be issued before any permit for such work is issued. Every person not a state certified architect or engineer and not having a principal or branch office in the city, who, for compensation, prepares or furnishes plans and specifications required to be filed with the application for a permit for the improvement of real estate in this city (except the owner of the improvement), shall pay a license tax measured by the proportion of his yearly gross receipts attributable to his work in this city. The requirements of this paragraph shall not apply to architects and engineers who already possess a professional license for practice in this city. 48 _ 482 5. That the effective date of the provisions of this ordinance set out above is January 1, 1980. APPROVED ATTEST: City Clerk Mayor · IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1979. No. 24843. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Blue Ridge Medical Land Associates, a Virginia General Partnership, to permanently vacate, discontinue and close that certain alley adjacent to Albemarle Avenue, S. W., extending into the block bounded by Jefferson Street, Maple Avenue and First Street, S. W., Roanoke, Virginia, as shown on City of Roanoke, Virginia Appraisal Map, Sheet No. 102; and referring the proposal to the City Planning Con~nission for study and recommendation. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, that said petitioner did on September 6, 1979, 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 be made this day to the Council of the City of Roanoke, Virginia, to close the hereinafter described street and alley portions, 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 of the Sheriff of the City of Roanoke attached to the application of the petitioner 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 portions of that; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinafter described street and alley portions herein 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. Fred DeFelice, J. Elwood Norris, George Overby, Edward H. Brewer, Jr., and Harold W. Harris, any three of whom may act, be, and they are hereby 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: 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 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. The aforesaid alley is designated in red upon the excerpt from City of Roanoke, Virginia Appraisal Map, Sheet No. 102, which has been filed with the Clerk of the City of Roanoke, Virginia. 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 483 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1979. No. 24845. 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 (1-4) ................................. $29,750,812.00 REVENUE School Revenue (5) .................................... 16,118,955.00 (1) Net increase (A01190175001) (2) Net decrease (A01190165401) (3) Net decrease (A01190165701) (4) Net increase (A01190175002) (5) Net increase (R01191001) $163,718.00 3,008.00 155.00 3,163.00 163,718.00 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 17th day of September, 1979. No. 24847. 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 Emergency Services #1351 (1) ............................ $ 68,396.00 Contingencies #1880 (2) ................................. 591,409.50 (1) Net increase (A01135120010) (2) Net decrease (A01188072006) $15,800.00 15,800.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 484 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1979. No. 24848. AN ORDINANCE authorizing the City Manager to enter into a 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 as follows: 1. That 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, 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 $38.50 for each request initiated by the City's Communications Center and responded to by said corporation, provided that such charge is not collectible from any other source, after reasonable efforts to collect same, for a period of sixty (60) days; 2. That 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; 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 17th day of September, 1979. No. 24849. 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 Police #1345 (1) ................................... $3,576,207.00 Contingencies #1880 (2) ............................ 607,209.50 (1) Net increase (A01134510002) (2) Net decrease (A01188072006) $18,020.00 18,020.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 485 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1979. No. 24851. 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 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 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 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 finds due the City, for a consideration in the amount of one-half of any funds thereby recovered, up to a maximum of $12,840.00 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 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 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 17th day of September, 1979. No. 24852. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Capital Outlay from Revenue #2401 (1) ............. $3,440,000.00 (1) Net increase (A04240191901) $3,340,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 486 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1979. No. 24853. AN ORDINANCE accepting a certain proposal and awarding a contract for completion of the taxiway overlay project and the reconstruction of the air carrier ramps at Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract and certain grant documents for the partial financing of the project; rejecting certain other bids; authorizing the City Manager to enter into a supplemental agreement with Hayes, Seay, Mattern & Mattern for project administration and inspection; authorizing the City Manager to contract through Hayes, Seay, Mattern & Mattern for employment of a firm to perform testing with respect to these projects; confirming the authority of the Director of Finance temporarily to transfer funds among various City accounts with respect to these projects; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid and proposal made by John A. Hall & Company, Incorporated for the construction work necessary for the completion of the taxiway overlay project and the reconstruction of the air carrier ramps at Roanoke Municipal Airport, Woodrum Field, in accordance with the City's plans and specifications therefor, for the sum of $3,390,901.40, payable as provided in the bid documents on file in the office of the City Clerk, is ACCEPTED, subject to and governed by the following: (a) approval of a grant from Federal Aviation Administration (FAA) for the reconstruction of the air carrier ramps to provide $2,752,000 or 80% of the total project cost of $3,440,000 including engineering and project administration; (b) approval of a grant from State Department of Aviation (SDA) to the City to provide at least $220,000 toward the cost of reconstruction of the air carrier ramps. It is anticipated that SDA will provide $344,000 toward the cost of this project, constituting 10% of the total project cost. If it does not, the City will pay the difference in addition to its planned share of $344,000 constituting 10% of the total project cost; (c) The cost of the taxiway overlay project is covered by a previous grant as described in the bid committee's report dated September 17, 1979 on file in the office of the City Clerk. Funds sufficient to cover the City's portion of this project have already been appropriated. 2. That H. B'. Ewert, City Manager, is authorized on behalf of the City to enter into the requisite contract with John A. Hall & Company, Incorporated, which contract shall incorporate the terms and conditions of this ordinance and the bidder's proposal and be upon such form as is approved by the City Attorney; 3. That the other bids received for the work are REJECTED and the City Clerk shall notify the other bidders and express the City's appreciation of their bids; 4. That 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 FAA and SDA and to execute the requisite grant contracts with those bodies, upon the City Attorney's approval of these documents; 5. That H. B. Ewert, City Manager, on behalf of the City, is authorized to enter into a supplemental agreement with Hayes, Seay, Mattern & Mattern for project administration and inspection for these projects, at a cost to the City not to exceed $130,000.00; 6. That H. B. Ewert, City Manager, on behalf of the City, is authorized to enter into a contract with Hayes, Seay, Mattern & Mattern for the latter to employ a firm to perform necessary soil testing with respect to these projects, at a cost to the City not to exceed $40,000.00; 7. That this Council confirms the power and authority of Joel M. Schlanger, Director of Finance, temporarily to transfer funds, as needed, among various City accounts to relieve any cash flow problems with respect to the Airport Fund while financing these partial grant reimbursable projects, pending receipt of the grant funds; and 8. That for the usual daily operation of the municipa! government an emergency is deemed to exist and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST:, City Clerk Mayor 487 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1979. No. 24854. 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 Contingencies #1880 (1) ............................... $625,229.50 City Attorney #301 (2) ................................ 177,555.00 (1) Net decrease (A01188072006) (2) Net increase (A01030120010) $1,500.00 1,500.00 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 1st day of October, 1979. No. 24838. AN ORDINANCE amending and reordaining Section 3.1, Membership to exclude CityMana~er, of Chapter 1, General Provisions, of Title III, Pensions and Retirement, Code of the City of Roanoke (1956), as amended, removing certain City officers from membership in the Employees' Retirement System of the City of Roanoke. BE IT ORDAINED by the Council of the City of Roanoke that Section 3.1, Membership to exclude City Manager, of Chapter 1, General'Provisions, of Title III, Pensions and Retirement, of the Code of the City of Roanoke (1956), as amended, be and said section is hereby amended and reordained so as to read and provide as follows: Section 3.1. Membership to exclude City Manager and certain other City officers. Notwithstanding any other provision of this Code, on and after April 1, 1979, the City Manager shall not be included in the membership of the Employees' Retirement System of the City of Roanoke. Notwithstanding any other provisions of this Code, on and after October 1, 1979, any City officer or employee who has been authorized by ordinance adopted by the Council to participate in a deferred compensation plan in lieu of participation in the Employees' Retirement System and who has executed an irrevocable option to participate in such deferred compensation plan in lieu of participation in the Employees' Retirement System shall not be included in membership in the Employees' Retirement System. APPROVED ATTEST: City Clerk Mayor 48'8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1979. No. 24844. AN ORDINANCE to amend and reordain Section 1, Rate of tax on realty and personalty, of Chapter 1, Current Taxes, Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended; establishing new tax rates for all tangible personal property not exempt from taxation; and providing the time at and after which the aforesaid tax rate shall be effective. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That 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 section is 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 otherwise provided, a tax to be assessed on the fOllowing classi- fications of property at the following rates on every one hundred dollars of the fair market value of such property, namely: (e) A tax at the rate of $3.75 on every one hundred dollars of fair market value of the following classifications of tangible personal property, to-wit: (1) Upon all tangible personal property classified in Section 58-829 of the Code of Virginia (1950), as amended, except such household goods and personal effects as are hereinafter provided to be exempt from taxation; (2) Upon all machinery and tools used in manufacturing and mining businesses, as classified in Section 58-412 of the Code of Virginia (1950), as amended; (3) Upon all personal property, tangible in fact, used or employed in all trades and businesses not taxable on capital by the Commonwealth under Chapter 8, Title 58, of the Code of Virginia (1950), as amended, including machinery and tools used in manufacturing, mining, processing or reprocessing, radio or television broadcasting, dairy, dry cleaning or laundry businesses, except for inventory of stock on hand which is held for resale, as provided in Section 58-412, Code of Virginia (1950), as amended; (4) Upon all tangible personal property leased to any agency of the federal government, as provided in Section 58-831.1~of the Code of Virginia (1950), as amended; (5) Upon all tangible personal property leased from any agency of the federal government, as provided in Section 58-831.2 of the Code of Virginia (1950), as amended; and (6) Upon all other taxable tangible personal property in the City segregated for local taxation by Section 58-9 of the Code of Virginia (1950), as amended, except such household goods and personal effects as are defined and classified in Section 58-829.1, of said Code of Virginia. The classes of household goods and personal effects defined and classified in subparagraphs (1), (2), (3), (4), (5), (6), (7) and (8) of Section 58-829.1, of the Code of Virginia (1950), as amended, when owned and used by an individual or by a family or household incident to maintaining an abode, shall be exempt from the tax levied and imposed in this section. 2. That the rates of tax herein provided and imposed shall be in force and effect on and after January 1, 1980. APPROVED ATTEST: City Clerk Mayor 489 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1979. No. 24846. AN ORDINANCE amending Ordinance No. 24186 heretofore adopted on June 12,.1978, which provided for the City's acquisition of a portion of a parcel of land along Campbell Avenue, S. E., in the City of Roanoke from Norfolk and Western Railway Company, to provide that the deed of conveyance shall contain a reservation by Norfolk and Western Railway Company of parking rights, subject to other agreement of the City and said Company. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That paragraph numbered 3 of Ordinance No. 24186, heretofore adopted June 12, 1978, is hereby amended to read as follows: 3. That the City shall permit free parking to Norfolk and Western Railway Company, its employees and invitees along Campbell Avenue, S. E., as it exists at the time of the conveyance of said property, subject to other agreement of the parties to the deed; and 2. That except as specifically amended herein, Ordinance No. 24186 is and shall remain in full force and effect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1979. No. 24850. AN ORDINANCE authorizing and directing the proper City officials to execute and deliver a deed of easement to Appalachian Power Company. BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials are authorized and directed for and on behalf of the City to execute and deliver an indenture to Appa- lachian Power Company, conveying unto the Company a right-of-way and easement, with the right, privilege and authority to said Company, its successors and assigns, to construct, erect, operate and maintain an underground line or lines for the purpose of transmitting electric power, said right-of-way being in the City of Roanoke through land owned by the City situate in the Gainsboro Neighborhood Development Project, the location of the electric power line being shown colored in red on print of Appalachian Power Company's Drawing No. R-1348, dated April 23, 1979, and entitled "Proposed Right-of-way on Property of the City of Roanoke Redevelopment and Housing Authority," a copy of which is on file in the Office of the City Clerk, for the nominal consideration of $1.00, all after the form of such indenture shall have been approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1979. No. 24855. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of John N. Lampros to permanently vacate, discontinue and close a portion of the easterly side of First Street, S. E., between Salem Avenue, S. E. and Campbell Avenue, S. E., and more particularly described below; and referring the proposal to the City Planning Commission for study and recommendation. 49O WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of John N. Lampros, that said petitioner did on September 10, 1979, duly and legally publish, as required by Section 15.1-364 of the Code of Virginia, as amended, a notice of his application to the Council of the City of Roanoke, Virginia, to close the hereinafter described portion of First Street, S. E., 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 311 Second Street, S. E., 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 portion of First Street, S. E. be permanently vacated, discontinued and closed; and WHEREAS, it appearing to the Council that more than ten 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 portion of First Street, S. E.; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinafter described portion of First Street, S. E. 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. Dale Poe, R. R. Quick, R. Lee Mastin, Fred DeFelice and L. Elwood Norris, any three of whom may act, be, and they hereby are, appointed as viewers to view the following described portion of First Street, S. E. 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: 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. BE IT FURTHER RESOLVED that the aforesaid application to permanently vacate, discontinue and close the above-described portion of First 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 1st day of October, 1979. No. 24856. A RESOLUTION authorizing the City Manager to forward to the United States Department of Housing and Urban Development (HUD) a letter expressing Council's approval of an application to HUD by the Roanoke Redevelopment and Housing Authority for funding for the rehabilitation of 52 units of housing under the Section 8 Moderate Rehabilitation Program. WHEREAS, the Roanoke Redevelopment and Housing Authority (the Authority) has applied to HUD for funding for the rehabilitation of 52 units of housing eligible for rent subsidies under the Section 8 Moderate Rehabilitation Program; and WHEREAS, the location and number of the units proposed to be rehabilitated by the Authority are in compliance with the City's current Housing Assistance Plan, and there is a need for housing rehabilitation in the areas selected for rehabilitation by the Authority; BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized and directed to forward to HUD a letter expressing Council's approval of the Roanoke Redevelopment and Housing Authority's application for funding for the rehabilitation of 52 units of housing under the Section 8 Moderate Rehabilitation Program. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1979. No. 24857. 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: Street Maintenance #1658 Maintenance (1) .................................. $1,280,915.00 Transfers to Other Funds #1855 Debt Service (2) ................................. $7,918,232.00 (1) Net increase (A01165825578) (2) Net decrease (A01185587612) $650,000.00 347,000.00 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 1st day of October, 1979. No. 24858. 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 Transfers to Other Funds #1855 Debt Service Fund (1) ................................ $8,265,232.00 Capital Projects Fund (2) ............................ ( 76,000.00) CAPITAL PROJECTS FUND Municipal Parking Garage (3) ........................... $5,153,000.00 (1) Net increase (A01185587612) (2) Net decrease (A01185587508) (3) Net decrease (A08500490001) $347,000.OO 347,000.00 347,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 492 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1979. No. 24859. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Adams Construction Company, Incorporated, and Virginia Asphalt Paving Company, Inc., dated June 26, 1979, such Change Order to provide for additional street paving; 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 Adams Construction Company, Incorporated, and Virginia Asphalt Paving Company, Inc., dated June 26, 1979, authorized by Ordinance No. 24728, adopted June 25, 1979, so as to provide for the following changes in the work to be performed, to-wit: CONTRACT AMOUNT An additional approximately 27,500 tons of bituminous concrete and related work necessary to accomplish paving of streets $ 1,019,375.00 Add 650,000.00 Contract Amount Including Change Order No. 1 $ 1,669,375.00 Additional time resulting from Change Order No. 1 90 calendar days 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 1st day of October, 1979. No. 24860. 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) ....................... $154,827.93 REVENUE Title XX Receipts (7) ................................. 154,827.93 (1) Net increase (A01154020060) (2) Net increase (A01154020061) (3) Net ~ncrease (A01154020063) (4) Net mncrease (A01154020066) (5) Net mncrease (A01154020067) (6) Net mncrease (A01154020068) (7) Net zncrease (ROllO0301) $13,627.49 1,374.55 11,550.00 26,956.25 263.20 14,113.06 67,884.55 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED 493 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1979. No. 24861. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Marsar Associates, a Virginia General Partnership, to permanently vacate, discontinue and close that certain alley adjacent to First Street, S. W., extending into the block bounded by Jefferson Street, Maple Avenue and Albemarle Avenue, S. W., Roanoke, Virginia, as shown on Official Survey, S. W. 3, Roanoke, Virginia, 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 September 27, 1979, 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 be made this day to the Council of the City of Roanoke, Virginia, to close the hereinafter described street and alley portions, 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 of the Sheriff of the City of Roanoke attached to the application of the petitioner addressed to the Council requesting that the hereinafter described alley be pcrmanently 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 portions of that; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinafter described street and alley portions herein 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. Fred DeFelice, J. Elwood Norris, George Overby, Edward H. Brewer, Jr., and Harold W. Harris, any three of whom may act, be, and they are hereby 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: 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. The aforesaid alley is designated in red upon the excerpt from the City of Roanoke, Virginia, Official Survey, S. W. 3, which has been filed with the Clerk of the City of Roanoke, Virginia. 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 8th day of October, 1979. No. 24862. AN ORDINANCE to amend and reordain certain sections of the 1979-1980 Grant Program Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of 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 Program Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 494 APPROPRIATIONS Police Management Information 79-A4790 #4727 (1, 2, 3) ............................................ $106,958.00 REVENUE Police Management Information 79-A4790 (4, 5) ................. 106,958.00 (1) Net increase (A35742710002) (2) Net increase (A35742720030) (3) Net increase (A35742730005) (4) Net increase (R35742721) (5) Net increase (R35742731) $ 30,550.00 75,408.00 1,000.00 101,611.00 5,347.00 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 October, 1979. No. 24863. A RESOLUTION authorizing the acceptance of Law Enforcement Action Grant No. 79-A4790 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 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 Action Grant No. 79-A4790 in the total amount of $106,958.00, consisting of $96,264.00 from DJCP Block Funds, $5,347.00 from DJCP General Funds, and $5,347.00 from local cash match, for the purpose of continuing the development and implementa- tion of the Police Department's Management Information System. 2. That 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 for Action Grant Awards" with DJCP for Action Grant No. 79-A4790; 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 aforesaid grant or with such project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1979. No. 24864. AN ORDINANCE authorizing and providing for the lease by the City of certain office space in the Crystal Tower Building, 145 West Campbell Avenue, in the City of Roanoke, from the owner of said property, to be used as office accommodations for the CETA Administration and 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 as follows: 1. That 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 944 Third Avenue Realty Corporation, for 1,567.25 square feet of office space in the Crystal Tower Building, 145 West Campbell Avenue, in the City of Roanoke, for use as office space by the CETA Administration and the City's Job Orientation and Motivation Program (JOMP) for a one-year term at an annual rental of $7,296.56, 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. 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 this passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1979. No. 24865. AN ORDINANCE providing for the City's acquisition of certain parcels of real estate in the vicinity of Runway 5-23 at Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions, in connection with Airport Project ADAP 00-45-08; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City confirms the understanding reached between the City's Administration and the following property owners, set forth in the City Manager's report dated October 8, 1979, and agrees to purchase from the respective owners the following real estate lying in the City of Roanoke, Virginia, upon the following terms and conditions: (a) 2.288 acres, a part of that parcel bearing Roanoke City Official Tax No. 6630101; 3.05 acres, a part of Official Tax No. 6630101, as both are described on Roanoke City Engineer Plan No. 5601-A, owned by First National Exchange Bank, Executor and Trustee of the Estate of Murray K. Coulter, deceased, for a consideration of $121,195.00; (~,) 0.23 acre, a part of Official Tax No. 6500107; 2.31 acres, a part of Official Tax No. 6500108, as both are shown on Plan No. 5673, owned by Joe B. Marshall, Jack E. Guynn Estate and Anne M. Ramsey, for a total consideration of $55,884.00, or $18,628.00 for each one-third interest; (c) 6.421 acres, a part of Official Tax No. 6610101, shown on Plan No. 5601-C, owned by Jesse N. Jones and Mary H. Jones, for a considera- tion of $99,525.00; (a) 2.213 acres, a part of Official Tax No. 6620101, shown on Plan No. 5601-B, owned by McDowall & Wood, Inc., for a consideration of $58,100.00; (e) (f) 5.084 acres, a part of Official Tax No. 6620102, shown on Plan No. 5700, owned by Estate of Bessie I. Nininger, deceased, for a consideration of $101,500.00; 0.96 acre, a part of Official Tax No. 6610102, shown on Plan No. 5601-D, owned by Anita D. Lee, for a consideration of $27,000.00; 2. That the proper City officials are authorized to issue and deliver to such'persons as are certified by the City Attorney to be entitled to payment of the purchase price the City's checks therefor, less any necessary closing charges, upon delivery and acceptance of the requisite deeds, which shall be in form approved by the City Attorney; and 496 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 8th day of October, 1979. No. 24866. 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 for the City of Roanoke as follows: 1. That subject to the approval of the Federal Aviation Administration, the City Manager is authorized and directed to execute on behalf of the City 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 $14,243, representing $10,747 for additional work related to the access road and $3,496 for additional work related to the parking lot improvements; 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 8th day of October, 1979. No. 24867. 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) ................ $2,365,719.00 REVENUE Combined State & Federal Programs (2) .................. 2,352,806.00 (1) Net increase (A01190175001) (2) Net increase (ROll91001) $54,415.00 54,415.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST/~_~~~.: ~&~_~ 497 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1979. No. 24869. A RESOLUTION appointing two (2) directors of the Industrial Development Authority of the City of Roanoke, Virginia, to fill four-year terms of office on its board of directors. WHEREAS, the Council is advised that the terms of office of two (2) of the directors of the Industrial Development Authority of the City of Roanoke, Virginia, expire on October 20, 1979; 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 Jack C. Smith and John J. Butler be and are reappointed directors on the board of directors of the Industrial Development Authority of the City of Roanoke, Virginia, for terms of four (4) years, each, commencing on October 21, 1979 and expiring October 20, 1983, to fill vacancies created by the expiration of the term of office of said members on said board occurring on October 20, 1979. APPROVED ATTEST: City Clerk Mayor