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HomeMy WebLinkAbout23022-6/28/76 - 23562-4/4/77IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1976. No. 23022. AN ORDINANCE authorizing and providing for an amendment to the City's Lease and Concession Agreement dated August 1, 1973 with American Motor Inns, Incorporated, for the operation of catering and concession services at the Roanoke Civic Center, by extending the term of said agreement to and including July 31, 1979, and providing for the percentages to be paid to the City for the privilege of providing catering services and concession services respectively. WHEREAS, the City heretofore entered into written agreement with American Motor Inns, Inc., pursuant to Ordinance No. 21043, under date of August 1, 1973, granting catering and other concessions to American Motor Inns, Inc., at the Roanoke Civic Center for an initial term of two (2) years commencing on the abovementioned date, with the agreement providing, amongst other things, that the original term thereof might be extended or renewed by the lessee upon the giving of notice of such intent to the City and upon agreement thereto by the City, all evidenced by the parties' execution of an addendum so extending the term of said agreement. WHEREAS, the Council has been advised by the City Manager in report dated June 14, 1976, of his receipt of notice from American Motor Inns, Inc., of its desire and intent to so extend the term of said agreement; and the City Manager has recommended that the Council evidence its agreement to such extension or renewal, upon certain terms and conditions, in which recommendation this Body concurs. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that this Body agrees that that certain written agreement between said City of Roanoke and American Motor Inns, Inc., be extended for two (2) additional terms of two (2) consecutive calendar years, the first commencing as of the 1st day of August, 1975, and terminating July 31, 1977, and the second commencing as of the 1st day of August, 1977, and terminating July 31, 1979, upon the following terms, conditions and provisions; to-wit: 1. That American Motor Inns, Inc., shall agree to pay to the City for the entire period of the extended term commencing August 1, 1975, and terminati July 31, 1977, a fee for the privilege of providing catering services hereinabove mentioned at the rate of twelve percent (12%) of the gross receipts realized from such catering services and shall further agree to pay for such period a fee for the privilege of operating concession services hereinabove mentioned at the rate of twenty-nine and five-tenths percent (29.5%) of the gross receipts realized from such concession services. 2. That American Motor Inns, Inc., shall further agree to pay to the City for the entire period of the extended term commencing as of August 1, 1977, and terminating July 31, 1979, fees for the privileges granted of no less than the percentages set out in paragraph (1) above; provided however, g that American Motor Inns, Inc., further agrees that such fee may be adjusted at the option of the City in accordance with the following procedure: (a) The total utility bill costs of the Civic Center for the year July 1, 1976, through June 31, 1977, shall be determined. Costs shall include the amounts paid by the City or chargeable to the Roanoke Civic Center for electricity, natural gas, fuel oil, telephone, water and sewage treatment, including all applicable taxes actually paid by the City. (b) The total utility bill costs of the Civic Center for the year July 1, 1974, through June 30, 1975, shall be determined in the same manner as described in (a) above. (c) (1) If the utility costs determined for 1976-77 are less than the utility costs determined for the year 1974-75, there shall be no rate adjustment. (2) If the utility costs determined for 1976-77 exceed the utility costs determined for 1974-75, then the difference in the total costs determined above shall be expressed as a percentage of the total costs for the year July 1, 1974 through June 30, 1975. (d) The percentage determined in (c) (2) above shall be multiplied by 0.01. The resulting product, to the nearest tenth, shall be added to the per- centage of gross receipts for catering services and to the percentage of gross receipts for con- cession services payable to the City. BE IT FINALLY ORDAINED that the City Manager is hereby authorized and directed to execute an addendum to the said written agreement providing for such extension, the same to be upon form approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1976. No. 23042. AN ORDINANCE to amend and reordain Section ~126, "Jail," of the 1975- 76 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 #126, "Jail," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JAIL #126 i Extra Help (1) ....................... $ -0- Supplies and Materials (2) ........... 114,000.00 Transfer (1) Net decrease $3,000.00 (2) Net increase 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 28th day of June, 1976. No. 23043. AN ORDINANCE to amend and reordain Section #90, "Sewage Treatment Fund," of the 1975-76 Sewage Treatment Fund Appropriation Ordinance, and providin. for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #90, "Sewage Treatment Fund," of the 1975-76 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND 990 Supplies and Materials (1) ........... $522,793.24 Insurance (2) ........................ 10,237.10 Transfer (1) Net decrease $3,837.10 (2) Net increase 3,837.10 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1976. No. 23044. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: PROGRAMS DEVELOPMENT Salaries and Wages (1) ............... $25,000.00 CITY PLANNING GRANT Salaries and Wages (2) ............... 20,000.00 Not previously appropriated (1) Net increase $25,000.00 (2) Net increase ..... 20,000.00 *100% reimbursed from the 701 grant account BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1976. No. 23045. AN ORDINANCE to amend and reordain the City of Roanoke's 1975-76 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1975-76 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: TAP YOUTH PROGRAM #983 TAP Youth Program (1) ................. $317,278.04 1976 SUMMER PROGRAM 9996 1976 Summer Program (2) Transfer (1) Net decrease (2) Net increase $38,770.56 38,770.56 38,770.56 BE IT FURTHER ORDAINED that, an en~ergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1976. No. 23046. AN ORDINANCE to amend and reordain Section #550, "Capital Outlay From Bond Funds," of the 1975-76 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 Section #550, "Capital Outlay From Bond Funds," of the 1975-76 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY.~FROM BOND FUNDS #550 Plant Expansion (1) ............... $7,238,596.23 Not previously appropriated (1) Net increase ......... $25,797.58 *75% to be refunded from federal grant 10% to be refunded from state grant 15% local funds ($3,869.64) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1976. No. 23047. AN ORDINANCE approving the City Manager's issuance of Change Order No. 9, as herein set forth in full, to the City's contract with J. W. Bateson Company, Inc., for the construction of a 35 million gallon tertiary treatment plant addition at the City's Sewage Treatment Plant; providing that notification of the issuance of said change order be given to the Virginia State Water Control Board and 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. WHEREAS, the City Manager, in report to the Council dated June 28, 1976, has recommended that the Council approve the issuance of a change order to the City's contract with J. W. Bateson Company, Inc., for construction of a 35 million gallon tertiary treatment plant addition at the City's Sewage Treatment Plant, so as to provide for changes in work and equipment not originally specified; and WHEREAS, the rules, regulations and guidelines of the Environmental Protection Agency and the Virginia State Water Control Board require only prior notification of changes of the type embodied in the change order herein authorized to be issued with subsequent formal approval to be obtained upon request after the issuance of said change order; and WHEREAS, the Council considering all of the same is of opinion that the changes proposed are desirable and, accordingly, concurs in said proposal; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of th~ City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on behalf of the City, the following change order to the City's Contract "E", dated January 2, 1974, with J. W. Bateson Company, Inc., for construction of certain sewage treatment plant additions, viz: DESCRIPTION OF CHANGE ORDER A,B&H %90 Clean the three (3) 1950 Primary Digesters in accordance with Con- solidated Pumping & Pipe Cleaning Company's proposal dated April 15, 1976 and Alvord, Burdick & Howson's letter dated February 18, 1976 (JWB #P-56, third revision) for the agreed upon lump sum including mark-up ............................. ADD DEDUCT + $15,733.00 A,B&H %97 A,B&H %99 A,B&H %100 7.75 feet of dense sludge over and above the 6 ft. base bid (refer to A,B&H field book 5/5/76 at TWO HUN- DRED THIRTY-SEVEN DOLLARS ($237.00) per foot ........................... Supply a computing integrator (Perkin-Elmer part number 023- 1050) in accordance with Alvord, Burdick & Howson's Bulletin %14 dated April 15, 1976 (JWB %P-103, dated April 27, 1976) for the agreed upon lump sum including mark-up ....... + 1,836.75 Furnish and install vinyl tile along the present corridor to the double doors of the hall and in the present electrical control space to match the new tile in accord- ance with Alvord, Burdick & Howson's Bulletin %15 dated May 13, 1976 for the agreed upon lump sum including mark-up ............................... + 570.00 Provide electrical power for initial testing through April 7, 1976 in accordance with our proposal #P-104 dated April 27, 1976 for the agreed upon lump sum including mark-up ....... + 430.00 + 5,428.00 Time extension as a result of this change order NONE. Payment pursuant to this change order satisfies all claims for additional work and/or money relating to the items set out herein through the date hereof. Original contract amount $ 21,839,000.00 Contract amount adjusted for previous change orders Net amount of this change order (add) Contract amount after this change order Date Date Date $ 22,148,576.00 $ 23,997.75 $ 22,172,573.75 Approved - Alvord, Burdick & Howson By Accepted for the Contractor - J.W. Bateso] By Approved for The City of Roanoke, Virgini~ By . BE IT FURTHER ORDAINED 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. BE IT FURTHER ORDAINED that an emergency exists 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 June, 1976. No. 23048. AN ORDINANCE to amend and reordain certain sections of the 1975-76 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 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: COUNCIL #101 Utilities and Communications (1) ....... $ 695.00 FINANCE #105 Contractual Services (2) ............... 3,025.00 Maintenance of Buildings, Property & Equipment (3) ......................... 1,950.00 Supplies and Materials (4) ............. 18,617.00 COMMISSIONER OF REVENUE #106 Utilities and Communications (5) ....... 2,705.00 MUNICIPAL AUDITOR #113 Contractual Services (6) ............... 265.00 Co., Inc. 8 CIRCUIT COURT #116 Maintenance of Buildings, Property & Equipment (7) .............................. $ GENERAL DISTRICT COURT 9120 Utilities and Communications (8) ............ Supplies and Materials (9) .................. COMMONWEALTH'S ATTORNEY #122 ._. ~ .... . Utilities and Communications (10) ........... JAIL #126 Utilities and Communications (11) ........... BOARD OF ZONING APPEALS ~184 Utilities and Communications (12) ........... EMERGENCY SERVICES 9351 Supplies and Materials (13) ................. PARKS AND RECREATION #475 Utilities and Communications (14) ........... Supplies and Materials (15) ................. STADIUM AND ATHLETIC FIELD #476 Utilities and Communications BUILDING MAINTENANCE #664 Utilities and Communications (17) Supplies and Materials (18) ................. MOTORIZED VEHICLE MAINTENANCE #671 Utilities and Communications Supplies and Materials SNOW AND IcE REMOVAL 9675 Supplies and Materials 866.00 3,100.00 5,662.00 2,475.00 3,360.00 .220.00 15,750.00 53,000.00 38,570.00 (16) ........... 43,010.00 (25) ................. Contractual Services (26) ................... State tax (27) ................. [ Refund Accounts Mi~l~a~e~s ~4i ~.. · SALARY & WAGE ADJUSTMENT #897 Terminal Leave (29) ......................... CONTINGENCIES 9898 Contingency Reserve (30) .................... 25,600.~00 3,222.19 148,000.00 64,330.00 6,688.62 49.00 2,551.20 5,228.00 2,900.00 Supplies and Materials PERSONNEL & TRAINING #714 Supplies and Materials NON-DEPARTMENTAL 9891 TECHNICAL AND ADMINISTRATIVE PLANNING 9700 Utilities and Communications (22) ............ MATERIALS CONTROL 9711 Utilities and Communications (23) ........... (24) ................ , 11,645.83 20,777.00 15~,689.00 95,350.00 (21) ................. (19) ........... (20) ................. ........... 143,025.00 (1) Net increase (2) Net increase. (3) Net increase. (4) Net increase (5) Net increase. (6) Net increase. (7) Net increase (8) Net increase ........... (9) Net Increase (10) Net increase--- (11) Net increase--- (12) Net increase ............ (13) Net increase .......... (14) Net increase (15) Net increase (16) Net increase ............ (17) Net increase (18) Net increase .......... (19) Net increase (20) Net increase (21) Net increase (22) Net increase ............. (23) Net increase ............ (24) Net increase (25) Net increase (26) Net .increase (27) Net increase- (28) Net increase (29) Net increase (30) Net increase- ------$ 294.00 225.00 250.00 575.00 105.00 15.00 20.00 100.00 232.00 65.00 160.00 20.00 150.00 3,000.00 1,070.00 19,010.00 3,025.00 5,575.00 777.00 139.00 100.00 12.00 88.00 178.00 400.00 2,400.00 672.19 60,000.00 20,330.00 6,688.62 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 28th day of June, 1976. No. 23049. AN ORDINANCE to amend and reordain certain sections of the 1975-76 Civic Center 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 1975-76 Civic Center Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CIVIC CENTER - ADMINISTRATIVE EXPENSES %440 Fringe Benefits (1) ...................... $38,800.00 CIVIC CENTER - PROMOTIONAL EXPENSES %445 Part Time Labor (2) ...................... 37,500.00 Contractual Services (3) ................. 91,550.00 (1) Net increase (2) Net increase (3) Net increase $ 5,200.00 7,500.00 11,550.00 i0 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1976. No. 23050. AN ORDINANCE to amend and reordain certain sections of the 1975-76 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 CoUn¢it.'0.f the City of Roanoke that certain sections of the 1975-76 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND # 90 Terminal Leave (1) ...................... $ 2,200.00 Automobile Allowance (2) ................. 720,00 CAPITAL OUTLAY FROM REVENUE ~450 Lateral Replacement & Replenishment (3) . 292,858.50 (1) Net increase $ 1,200.00 (2) Net increase 120.00 (3) Net increase. 22,858.50 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1976. No. 23051. AN ORDINANCE to amend and reordain Section %340, "Airport Fund - Administrative Expenses," of the 1975-76 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 #340, "Airport Fund - Administrative Expenses," of the 1975-76 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT FUND - ADMINISTRATIVE EXPENSES #340 Fringe Benefits (1) ...................... $ 17,900.00 Security Services (2) .................... 247,027.24 (1) Net increase. $1,400.00 (2) Net increase 7,027.24 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 28th day of June, 1976. No. 23052. AN ORDINANCE to amend and reordain Section #320, "Water - General Expense," of the 1975-76 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 ~320, "Water - General Expense," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER - GENERAL EXPENSE #320 Fringe Benefits (1) ................. $ 50,000.00 Public Works Services (2) ........... 429,000.00 (1) Net increase $ 6,000.00 (2) Net increase 21,371.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 12 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1976. No. 23053. AN ORDINANCE to amend and reordain certain sections of the "Capital Improvement Projects Fund," of the 1975-76 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 "Capital Improvement Projects Fund," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: .~.~.~ . CAPITAL~IMPROVEMENT PROJECTS FUND Jail Facility (1) ..................... $6,000,000.00 (1) Net increase. $6,000,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1976. No. 23054. AN ORDINANCE to amend and reordain certain sections of the "Capital Improvement Projects Fund," of the 1975-76 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 "Capital Improvement Projects Fund," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CAPITAL IMPROVEMENT PROJECTS FUND William Fleming High School (1) ............... $2,470,000.00 Patrick Henry High School (2) ................. 2,470,000.00 Ruffner Junior High School (3) ................ Woodrow Wilson Junior High School (4) ......... Fairview Elementary School (5) ................ Garden City Elementary School (6) ............. Lincoln Terrace Elementary School (7) ......... Monterey Elementary School (8) ................ Raleigh Court Elementary School (9) ........... Westside Elementary School (10) 645,000.00 800,000.00 990,000.00 200,000.00 425,'000.00 790,000.00 725,000.00 ............... 1,300,000.00 (1) Net (2) Net (3) Net (4) Net (5) Net (6) Net (7) Net increase (8) Net increase (9) Net increase .......... (10) Net ~ncrease ......... ~ncrease · ncrease ........ increase ........ increase increase .... increase .......... --$2,470,000.00 2,470,000.00 645,000.00 800,000.00 990,000.00 200,000.00 425,000.00 790,000.00 725,000.00 1,300,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1976. No. 23055. AN ORDINANCE accepting the proposal of John A. Hall & Co., Inc., to seal a portion of Runway 27 at Roanoke Municipal Airport, Woodrum Field; authorizing the pro~er City officials to execute the requisite contract; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, at the meeting of Council held on June 14, 1976, and after due and proper advertisement had been made therefor, three (3) bids for sealing a portion of Runway 27 at Roanoke Municipal Airport, Woodrum Field, with rubberized sand slurry were opened and read before the Council, whereupon, all said bids were referred to a committee appointed by the Council to tabulate and study the same and to make report and recommendation thereon to the Council; and WHEREAS, said committee has reported to the Council, in writing, its tabulation and recommendation on all said bids, all of which were invited and made on unit prices and estimated quantities, from which it appears to the Council that the proposal of John A. Hall & Co., Inc., represents the lowest and best bid made to the City for the performance of said work, and should be accepted; and that said other bids should be rejected; and WHEREAS, there has been or is being appropriated and made available for such work a sum sufficient to pay the contract price hereinafter authorized; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of John A. Hall & Co., Inc., for sealing a portion of Runway 27 at Roanoke Municipal Airport, Woodrum Field, as described in the City's plans and specifications, for an estimated sum of $17,495.63, based on unit prices, be, and said proposal is hereby ACCEPTED, the costs to be incurred by the City, however, not to exceed the total sum of $17,495.63. 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 John A. Hall & Co., Inc., the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for said work; said contract to be upon such form as is approved by the City Attorney, and the cost of the work when completed to be paid out of funds heretofor or contemporaneously appropriated by the Council for the purpose; 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. BE IT FURTHER ORDAINED that, an emergency existing, 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 28th day of June, 1976. No. 23056. AN ORDINANCE accepting the proposal of Adams Construction Company for the planing of segments of streets at various locations in the City of Roanoke; authorizing the proper City officials to execute the requisite contract; and providing for an emergency. WHEREAS, at the Council's meeting of June 21, 1976, and after due and proper advertisement had been made therefor, two (2) bids for the planing of segments of streets at various locations throughout the City were opened and read before the Council, whereupon both bids were referred to a committee to be tabulated and studied, with report thereon to be made back to the Council~ and WHEREAS, said committee has reported in writing to the Council its tabulation of both bids and has further reported that the bid of Adams Construction Company is the lowest and best bid made to the City for the planing of segments of the streets at various locations in the city and that sufficient funds have been appropriated to provide for payment of work hereinafter authorized to be done; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. 15 follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as 1. That the proposal of Adams Construction Company for the planing of segments of streets at various locations throughout the city, and as described in the City's plans and specifications, for a sum not to exceed $16,172.64, 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 Adams Construction 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 form as is approved by the City Attorney, and the cost of said work, when completed, to be paid out of funds appropriated by the Council for the purpose. BE IT FURTHER ORDAINED that the other bid made to the City for the planing of segments of various streets in the City 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. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1976. No. 23057. AN ORDINANCE repealing Chapter 17. Directorate of Technical and Administrative Planning., of Title II. Administration, of the Code of the City of Roanoke, 1956, as amended, and providing for an emergency. WHEREAS, it has been concluded by the Council that the directorate of technical and administrative planning, in the administrative service of the City and provisions made for appointment of a director of technical and administrative planning, all as provided in Chapter 17, Title II. of the Code of the City of Roanoke, 1956, as amended, is not needed and no longer should be provided; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist so that this ordinance may take effect upon its passage. 16 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 17. Directorate of Technical and Administrative Planning., of Title II. Administration., of the Code of the City of Roanoke, 1956, as amended, be and said Chapter and the several sections contained therein are hereby REPEALED. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1976. No. 23058. A RESOLUTION stating objection to certain salaries, expenses and other allowances tentatively fixed by the State Compensation Board for the offices of the Attorney for the Commonwealth, the Sheriff, the Commissioner of Revenue and the Treasurer of the City of Roanoke for fiscal year 1976-1977; and requesting a nearing to determine the merits of such protest; and designating' two members of the Council of the City of Roanoke to serve as additional members of the Board for the purpose of conducting such hearing. WHEREAS, this Council in considering and arriving at a balanced budget for the City of Roanoke's municipal operations for fiscal year 1976-1977 and for the operation of the public school system of the City for the same fiscal period has determined it impractical to provide increases of salary or compensation to any of the City's 1600-odd municipal employees or to the teachers and other employees and officers of the City's public school system and said Council earlier requested that the Compensation Board likewise not make provision for salary increases and increases of other expenses in the offices of the City's Constitution Officers herein mentioned; and WHEREAS, notwithstanding such request, the Compensation Board has notified the City under date of June 14, 1976, of certain increased salaries and expenses tentatively fixed by the Board for the offices hereinafter mentioned, to which action of the Board this Council sees fit and proper to object. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said governing body hereby states objection to the increases in allowance for salaries, expenses and other expenses tentatively fixed June 14, 1976, by the State Compensation Board for the offices of the Attorney for the Commonwealth, the Sheriff, the Commissioner of Revenue and the City Treasurer for the City of Roanoke for fiscal year 1976-1977, and hereby requests said Board to fix a time for a hearing on such objections. BE IT FURTHER RESOLVED that Nicholas F. Taubman and William S. Hubard, members of the governing body, be and are hereby designated to serve as additional members of said Board, to determine the merits of the aforesaid increases. BE IT FINALLY RESOLVED that the City Clerk promptly transmit to the Compensation Board and to each aforesaid officer an attested copy of this resolution in objection. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1976. No. 23059. A RESOLUTION approving and adopting certain plans for construction and provision of additional raw water supplies for the City, and the site of a new water impoundment facility. WHEREAS, it is deemed necessary that the Council now make provision for the orderly expansion of the City's existing water supply system by providing for a new impounding reservoir and commencing upon the acquisition of land for development of additional raw water supplies for the City and its inhabitants; and WHEREAS, based upon continuing studies made by the City and its consultin¢ engineers, and the Council's Water Resources Committee has recommended that the Council approve the location hereinafter mentioned and referred to, and approve certain plans which have been developed and presented to the Council for acquiring lands and developing the water impoundment therein described; in all of which the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Body concurs in and doth approve and adopt as the City of Roanoke's plans for construction the plans~and recommendations for a raw water impoundment containe~ in a certain "Report on Back Creek Water Supply", made for the City of Roanoke by the City's Director of Utilities and Operations, dated June 1976, and on file in the office of the City Clerk, and doth approve the location of said new water supply project at what is described in said report and shown on the maps contained therein as the Windy Gap Site on Back Creek, in Roanoke County, Virginia, the same to necessitate the City's acquisition of approximately 970 acres of land in said County, as is indicated in the aforesaid report. BE IT FURTHER RESOLVED that a copy of the aforesaid June 1976 report together with an attested copy of this resolution be transmitted by the City Clerk to the Board of Supervisors of Roanoke County, to the State Water Control Board, the State Board of Health, to the Environmental Protection Agency, in Philadelphia, and to the Fifth Planning District Commission, for filing of the same with said agencies. ATTEST: APPROVED 17 t8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1976. No. 23060. AN ORDINANCE to amend and reordain Section 9450, "Capital Outlay From Revenue," of the 1975-76 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 Section 9450, "Capital Outlay From Revenue," of the 1975-76 Water Fund Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER FUND - CAPITAL OUTLAY FROM REVENUE 9450 Land Acquisition (1) ................. $224,100.00 (1) Net increase $224,100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1976. No. 23061. AN ORDINANCE providing for the acquisition of certain properties situate in the County of Roanoke, for public purposes; providing for the acceptance by the City of an assignment of certain options to purchase said properties; pro- viding for exercise of the options provided for in said option agreements by giving written notice to the owners of said properties; providing for the execution of any necessary contracts relating to the sale and purchase of said properties; directing the purchase of such properties upon certain terms and conditions; and providing for an emergency. WHEREAS, Dewey R. Robertson has entered into certain agreements in writing granting options to purchase certain properties situate in the County of Roanoke owned by L. F. Stultz and Lucille H. Stultz, by Claude A. Weaver and Hazel S. Weaver, and by Samuel G. Thacker and Virginia C. Thacker, respectivel and WHEREAS, the said Dewey R. Robertson has assigned said options to the City by assignment dated May 21, 1976, duly executed and acknowledged; and WHEREAS, this Council, after receiving a report and certain recommenda- tions from the City's Water Resources Committee, considers the acquisition of said properties to be in the best interest of the City of Roanoke; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City acquire for the following listed considerations, to be paid on delivery to the City of good and sufficient deeds of conveyance at time of closing, the following described parcels of land together with the improvements thereon unless specifically excluded in said purchase option agreements, situate in the County of Roanoke and described generally as follows, to-wit: 1. That approximate 35 acre parcel of land situate in Roanoke County and owned by L. F. Stultz and Lucille H. Stultz described in the Option to Purchase Agreement dated March 26, 1976, entered into between L. F. and Lucille H. Stultz and Dewey R. Robertson and assigned by Dewey R. Robertson to the City of Roanoke, the purchase price to the City of Roanoke to be for the consideration of $200,000.0 with $5,000.00 credited thereon for the consideration of the option; and 2. Those tw° parcels of land, consisting of 6.42 acres and .26 acre, situate in Roanoke County and owned by Samuel G. Thacker and Virginia C. Thacker, as described in that Option to Purchase Agreement dated March 26, 1976, entered into between Samuel G. Thacker and Virginia C. Thac~er an~ Dewey ~. ~oDer~un and assigned by Dewey R. Robertson to the City of Roanoke, the purchase price to the City of Roanoke to be for the consideration of $6,500.00, with $400.00 credited thereon for the consideration of the option; and 3. Those three parcels of land, consisting of 8.9 acres, 4.5 acres and 2.0 acres, and situate in Roanoke County and owned by Claude A. Weaver and Hazel S. Weaver, as described in that Option to Purchase Agreement dated May 21, 1976, entered into between Claude A. Weaver and Hazel S. Weaver and Dewey R. Robertson and assigned by Dewey R. Robertson to the City of Roanoke, the purchase price to the City of Roanoke to be for the consideration of $25,000.00, with $2,000.00 credited thereon for the consideration of the option; each of said option to purchase agreements, together with the assignment of the same to the City, being on file in the Office of the City Clerk. BE IT FURTHER ORDAINED that the City hereby accepts that assignment dated May 21, 1976 from Dewey R. Robertson of the aforesaid three written purchase option agreements for the above described properties from L. F. and Lucille H. Stultz, owners, Claude A. Weaver and Hazel S. Weaver, owners, and Samuel G. Thacker and Virginia C. Thacker, owners, respectively, said assignment being upon form heretofore approved by the City Attorney. BE IT FURTHER ORDAINED that the City of Roanoke hereby exercises the options to purchase the aforesaid three (3) properties, subject of the aforesaid assignment, by written notice to be given or served on the aforesaid property owners by the City Manager or by the City Attorney and, if deemed necessary by the City Attorney the proper City officials shall be and are hereby authorized 1¸9 to enter into contracts of sale with said property owners, said contracts of sale to sell and agree to grant and convey to the City the aforesaid properties upon the respective terms of sale set out and contained in the purchase option agreements; the same to be upon form approved by the City Attorney. BE IT FURTHER ORDAINED that upon the giving of notice of exercise of said purchase options and as soon thereafter as title can be examined, necessary surveys be made and papers prepared, allowing a reasonable time to correct any defects reported in the titles by the City Attorney, and upon tender to the City of good and sufficient deeds of conveyance of title to each of the aforesaid properties, approved as to form and sufficiency by the City Attorney and made upon the terms herein and in the options or contracts of sale provided, the aforesaid considerations shall be paid to the aforesaid property owners, respective] all taxes to be prorated between the parties as of the date of actual settlement. BE IT FINALLY ORDAINED that, an emergency exists and that 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 1st day of July, 1976. No. 23062. A RESOLUTION recognizing the HONORABLE ELIZABETH T. BOWLES to be a member of the City Council and Vice-Mayor of the City of Roanoke. WHEREAS, Elizabeth T. Bowles received the largest number of votes of any candidate running for Council in the regular Councilmanic election held on the first Tuesday of May, 1976, and was, thus, and as provided by Section 4 of the Charter of the City of Roanoke, elected vice-mayor of the City for a term which commenced on July 1, 1976, she having subsequently qualified for the office by subscribing to the oath of office provided by law. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable Elizabeth T. Bowles be, and she 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, 1976, and continuing for a period of four years and until her successo~ shall have been elected and qualified, and to be the duly elected Vice-Mayor of said City for a term commencing July 1, 1976, and continuing for a period of two years and until her successor shall have been elected and qualified. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1976. No. 23063. A RESOLUTION relating to the HONORABLE DAVID K. LISK, former Vice-Mayor and Member of the Council of the City of Roanoke. WHEREAS, David K. Lisk left his seat on the Council of the City of Roanoke on June 30, 1976, of which Body he had been a member since September 1, 1966, serving, in the course of his tenure in office, a full term as Vice- Mayor of the City from September 1, 1972, until August 31, 1974; and WHEREAS, his interests and activities in the many facets of local government brought about his chairmanship of several important committees of the City Council and his membership on many others and, further, his appointment to committees of the Virginia Municipal League and to ones of the National League of Cities, his keen interest in governmental relationship between cities leading, in the latter organization, to vice-presidency of its International Sister Cities Committee; and WHEREAS, his willingness to accept responsibilities of his public office and public posts has brought recognition to the City, its governing body and its citizens. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body doth hereby recognize and commend the HONORABLE DAVID K. LISK as a retiring member of this Body, and expresses to him its appreciation and that of the citizens of his city for his contributions made in their behalf during his tenure in office on the Council of the City of Roanoke. BE IT FURTHER RESOLVED that an attested copy of this resolution approved by the Mayor, be presented to the within named Gentleman. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1976. No. 23064. A RESOLUTION relating to the HONORABLE JAMES O. TROUT, former Vice- Mayor and Member of the Council of the City of Roanoke. WHEREAS, James O. Trout left his seat on the Council of the City of Roanoke on June 30, 1976, of which Body he had been a member since September 1, 1968, serving, in the course of his tenure in office, a full term as Vice- Mayor of the City from September 1, 1968, until August 31, 1972; and WHEREAS, his devoted interest and agressive leadership in local affairs, highlighted, amongst other numerous assignments, by his chairmanship of the Council's Airport Advisory Commission and his chairmanship of the valley-wide Solid Waste Disposal Committee, has resulted, with the efforts of others, in continuing development of the Roanoke Municipal Airport, Woodrum Field, and in establishment of a board-managed regional solid waste disposal facility, participating, at the same time, in the work of other committees of the Council and of State agencies and commissions; and WHEREAS, his willingness to accept the responsibilities of his public office and his public posts has brought recognition to the City, its governing body and its citizens. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body doth hereby recognize and commend the HONORABLE JAMES O. TROUT as a retiring member of this Body, and expresses to him its appreciation and that of the citizens of his city for his contributions made in their behalf during his tenure in office on the Council of the City of Roanoke. BE IT FURTHER RESOLVED that an attested copy of this resolution approved by the Mayor, be presented to the within named Gentleman. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1976. No. 23065. A RESOLUTION relating to the HONORABLE J. H. JOHNSON, Treasurer of the City of Roanoke. WHEREAS, it has come to the attention of this Body that J. H. Johnson, Treasurer of the City of Roanoke since his election to such office in 1953, has recently, at the annual meeting of the Treasurers Association of Virginia, the State-wide organization of City and County treasurers of which he is a past president and director, was selected by the members of that organization to be the "1975-1976 Treasurer of the Year"; which honor to the City Treasurer this Body desires to formally recognize. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Body recognizes the faithful performance of official duties rendered by the HONORABLE J. H. JOHNSON as Treasurer of the City of Roanoke since January 1, 1953; and commends the City Treasurer upon his recent recognition and selection as the "1975-1976 Treasurer of the Year" by the members of the Treasurers Associati of Virginia. n BE IT FURTHER RESOLVED that an attested copy of this resolution, approved by the Mayor, be presented to the aforesaid City Treasurer. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1976. No. 23066. A RESOLUTION relating to the HONORABLE ROBERT A. GARLAND, a Member of the City Council. WHEREAS, Robert A. Garland who, as an elected Member of the Council of the City of Roanoke and who previously, from September 1, 1962, to August 31, 1964, served as Vice-Mayor of the City, was elected by the City Council to fill a later vacancy in the office of Vice-Mayor, and served in that position from October 30, 1975, to June 30, 1976, and thereafter has resumed his seat as a Member of the City Council; and WHEREAS, as in his first tenure in office as Vice-Mayor, Mr. Garland held his position as Vice-Mayor with honor and distinction and, at the same time, promptly and efficiently discharged his other duties on the City Council and within the several committees of the Council of which he was chairman or of which he was a member. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Mayor and Members of this Body do hereby recognize and compliment the HONORABLE ROBERT A. GARLAND upon his most recent discharge of the duties of the position of Vice-Mayor of the City of Roanoke, and assure him that they look forward with pleasure towards working together with him in the forthcoming months in directing the affairs of the City. BE IT FURTHER RESOLVED that an attested copy of this resolution, approved by the Mayor, be presented to the within named Councilman. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1976. No. 23067. AN ORDINANCE to amend and reordain the City of' Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: NATIONAL ENDOWMENT FOR THE ARTS National Endowment for the Arts (1) ....... $14,500.00 Not previously appropriated (1) Net increase $14,500.00 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 July, 1976. No. 23068. A RESOLUTION approving the City Manager's issuance of Change Order No. 1 in connection with the City's contract with Acorn Construction Company, Ltd., dated May 27, 1976, for alteration to the City's courthouse building and the courtrooms and judges' chambers situate in said building by providing for additional alterations for an additional cost of $1,158.00. WHEREAS, the City Manager, in report to the Council dated July 6, 1976, has recommended that the Council approve the issuance of a change order to the City's contract with Acorn Construction Company, Ltd., for alterations to the City's courthouse building and the courtrooms and judges' chambers situate in said building, authorizing said contractor to make additional alterations at an additional cost of $1,158.00, and authorizing ten (10) addi- tional working days for the completion of said alterations, in which recommenda- tion this Council concurs; and WHEREAS, sufficient funds to pay the additional amount of such contract have heretofore been appropriated. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 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 Acorn Construction Company, Ltd., dated May 27, 1976, so as to provide for additional alterations to the City's courthouse building and courtrooms and judges' chambers situate in said building for an additional cost to the City of $1,158.00, making for a new contract sum of $15,500.00 and providing for ten (10) additional working days for the completion of said alterations, ATTEST: beyond the time specified in said contract. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1976. No. 23069. A RESOLUTION approving the City Manager's issuance of Change Order No. 1 in connection with the City's contract with Davis H. Elliott Company for the Fallon Park baseball diamond's construction and lighting, heretofore authorized by Ordinance No. 22991, so as to provide for the electrical power for the operation of the lighting of said diamond at an additional cost to the City of $1,242.00. WHEREAS, the City Manager, in written report to the Council dated July 6, 1976, has recommended that the Council approve the issuance of Change Order No. 1 to the City's contract with Davis H. Elliott Company for the Fallon Park baseball diamond's construction and lighting so as to provide for the necessary electrical power for the operation of the lighting of said diamond at an additional cost to the City of $1,242.00; and WHEREAS, funds sufficient for the payment of the cost of such additional work have been appropriated by the Council for the purpose, and the Council is of opinion that such work is necessary. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and is hereby authorized and empowered to issue, for and on behalf of the City, Change Order No. 1 to the City's contract with Davis H. Elliott Company made June 14, 1976, authorized by Ordinance No. 22991, so as to provide for the necessary electrical power for the operation of the lighting of said diamond at an additional cost to the City of $1,242.00, but at a total additional aggregate cost not to exceed $45,207.00, to be paid the aforesaid contractor out of funds heretofore appropriated by the Council for the purpose. ATTEST: APPROVED 25 26 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1976. No. 23071. AN ORDINANCE to amend and reordain part 9. of Ordinance No. 23033 adopted June 23, 1976, amending Sec. 13., Chapter 2., of Title XV. of the Code of the City of Roanoke, 1956, as amended, relating to fees for inspections required for issuance of electrical permits; and providing for an emergency. WHEREAS, revision needs be made of the provisions contained in part 9. of Ordinance No. 23033 as relates to the amount of fee to be paid for electrical inspections and permits where the amount of the contract or the estimated costs of electrical work is in excess of $5,000.00; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance be in force and effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 13. of Chapter 2., Title XV., of the Code of the City of Roanoke, 1956, as amended, as set out and reordained in part 9 of Ordinance No. 23033 adopted June 23, 1976, be and said section is hereby further amended and reordained to read and provide as follows: Sec. 13. Same- Inspection fees. No electrical permit shall be issued until the inspec- tion and permit fee prescribed in the schedule incorporated into this section shall have been paid to the City's depart- ment of buildings. SCHEDULE OF INSPECTION AND PERMIT FEES Amount of Contract or Estimated Cost Fees $ .00 to 25.01 to 50.01 to 75.01 to 100.01 to 200.01 to 300.01 to 500.01 to 1,000.01 to 2,000.01 to 3,000.01 to 4,000.01 to 25.00 $ 2.00 50.00 4.00 75.00 6.00 100.00 8.OO 200.00 12.00 300.00 16.00 500.00 22.00 1,000.00 30.00 2,000.00 40.00 3,000.00 50.00 4,000.00 60.00 5,000.00 75.00 In excess of five thousand dollars the fee shall be seventy-five dollars plus four dollars for each addi- tional one thousand dollars or fraction thereof. For each reinspection the fee shall be ten dollars. When a permit is issued on the basis of estimated cost and the actual cost of such work exceeds one hundred dollars, the person, firm or corporation obtaining such permit shall, within ninety days after completion of the work, file a report of such actual cost with the office of the building commissioner. Should the fee based on the final cost exceed the permit fee previously paid on such work, the difference in such fees shall be forth- with paid by the permittee to the department of build- ings and a supplemental permit shall be issued by the electrical inspector. BE IT FURTHER ORDAINED that an emergency exists and that this ordi- nance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1976. No. 23072. A RESOLUTION approving, in general, certain schematic plans for the design and arrangement of new jail and court facilities. WHEREAS, at special hearings set and held by the Council for the purpose, schematic plans for the design and arrangement of a new jail facility for the City, to provide for 217 cells for detention and for other related detention and correctional facilities were exhibited and described to the Council by the City Manager and the City's architects and engineers, said plans being stated to have the approval of the State Deparrnuent of Corrections and of Federal correctiol agencies and, as well, general approval of the judges of the several courts of the City and of the officers who will occupy or operate said facilities; and WHEREAS, the Council has also received and reviewed schematic plans for provisions at a later date of new courts facilities, and has received favorable comment from the judges of the courts and from the officers who will occupy those facilities. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth approve, generally, the schematic plans dated June 28, 1976, prepared by Hayes, Seay, Mattern and Mattern, Architects and Engineers, for the design and arrangement of certain new jail facilities, and of schematic plans dated June 21, 1976, prepared by said firm for design and arrangement of new courts facilities at a later date, with exception taken and reserved by the Council as to said plans and proposals made for underground parking facilitie and for plaza improvements east of and adjacent to the proposed courts facility; and said Council doth authorize the City Manager to arrange and agree for the City that said architects and engineers proceed with the preparation of preliminary plans for the proposed jail facilities, to include such preliminary plans as are necessary to determine mechanical connections between the two aforesaid proposed facilities, all such plans to be later presented to the Council for approval, prior to preparation of any construction drawings. APPROVED ATTEST: Ls IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1976. No. 23073. 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 section, relating to authorities, boards, commissions and committees established or appointed by the Council; and providing for an emergency. WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 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 section, to be numbered section 4, to read and provide as follows, viz: Sec. 4. Authorities, Boards, Commissions and Committees. a. Policy. With the ever-increasing scope of operations of the government of the city, it is obvious that the level and quality of service by the city to its people cannot be of the quality and quantity which is both expected and deserved by the people without the active support of many of its qualified and concerned citizens. One of the best ways of involving such persons in the promotion of the best interests of the city and its citizens is to invite them to share some of the responsibilities and opportunities by serving on one or more of the several authorities, boards, commis- sions and committees appointed by the city council. In order to obtain the best qualified and dedicated person to serve on such bodies, it is encumbent upon council to maintain a close relationship with them and to give careful and thoughtful consideration to advice and recommendations coming to it from such bodies. There is no surer way to destroy the effectiveness of such a body than to receive, file with thanks, and neglect a recommenda- tion from it. b. General Statement. The council has in the past established, and may in the future establish, by provisions in the city code, certain authorities, boards and commissions. As set out hereafter the council does establish certain permanent committees. The council may also, from time to time, establish ad hoc committees to serve specific purposes. c. Reports. Each such permanent authority, board, commission or committee shall make a written report to the council, at least once in each fiscal year of the city, in such form as such body selects. How- ever, such report shall include therein a report on the attendance of its membership at regular or special meetings of such body for the 12-month period preceding the date of such report. These reports are to be filed with the city clerk and forwarded to the members of the council by that office. Each authority, board, committee or commission is required to file copies of its minutes with the city clerk in order for said minutes to be kept on file in that office. Ail ad hoc committees shall make periodic reports to council as to the progress of their assigned responsibilities. d. Meetings with the city council. It is expected that, from time to time, it will be beneficial for a number of such permanent authorities, boards, commissions or committees to meet with the council, in joint session. Each such board, authority, commission or committee and the council itself may request that there be a joint meeting held of the coun- cil and any one of such organizations. 29 e. Method of Appointment. Members to such boards, authorities, commissions, and com- mittees shall be made by nomination by the Mayor or a member of the council, or upon the application of the nominee himself, and election by the council upon an affirmative vote by at least four members of the council. All such nominations shall be on a form approved by the council. In making such a nomination, it shall be stated that the nominee has been consulted and is will- ing to serve if elected. If so requested by any one member of the Council any such appointment shall be made only after the appointee has been interviewed by the council. Appointments by the council to such authorities, boards, com- missions, and committees shall be based upon qualifications acquired through experience, training and education, interest, willingness to serve, and dedication to promoting the best interest of all persons in the city and the Roanoke Valley. Membership shall not be restricted by race, creed, color, sex or religion; however, it will be intended to have a membership balance among the various interests in our community. Membership, except where required by law, shall be restricted to residents of the city of Roanoke except as to persons currently serving on any such bodies. f. Meetings. Unless otherwise provided by law, all such authorities, boards, commissions and committees which are required under the terms of the Virginia Freedom of Information Act, of the 1950 Code of Virginia, as amended, to hold public meetings, shall give at least twelve hours public notice of all regular or special meetings. Written notice of the time and place of such meetings posted in the City Clerk's office in the City of Roanoke shall constitute such public notice; provided, however, that inaccuracy or inadequacy of such notice shall not in any manner affect the validity of any proceedings had nor taken by any such board, authority, commission or committee. (Notice also may be furnished to representatives of the news media and to others theretofore having indicated a desire to receive such notification ~ w~o co~L~ly with the provisions of said Act respectin~ ti~e furnishing of such notice. g. Permanent Committees. There are hereby established the following permanent com- mittes of the council: (1) Audit Committee. The audit committee shall be composed of at least three members of the council. The committee shall select a chair- man from among its members. The municipal auditor shall serve as secretary of the committee and shall record the proceedings of the committee and maintain such minutes as a permanent record. The committee shall meet on call of any member or the mayor. The audit committee shall act in an advisory capacity to the council, to the municipal auditor, the director of finance, and to the city manager in matters relating to the city's financial records and to that end shall have the right to have immediate access to all records and reports relating to finan- cial matters and transactions of the city or of matters and things affecting such financial records. The council, any member thereof, the municipal auditor, the director of finance, and the city manager shall have the right to consult with and seek the advice of such audit committee on matters relating to the City's financial records, but neither the committee nor any member thereof shall have authority to act for or to bind the city council unless expressly authorized so to do by ordi- nance or resolution of the city council. (2) Budget and Plannin9 Committee. The budget and planning committee shall be composed of the seven members of council with the mayor acting as chair- man. The city clerk shall serve as secretary to the committee. The committee shall meet in regular sessions on the third Mon- day of each month at 2:00 p.m., and at such other times as set by the committee. The budget and planning committee shall be responsible for the consideration of all the city's financial matters, includ- ing short and long-range financial planning and any amendments to the city budget, but excluding matters for which the city's audit committee is responsible. Also it shall be responsible for long-range planning as to policy matters and shall make such recommendations to council concerning such matters as it deems advisable. '30 (3) Water Resources Committee. The water resources committee shall be composed of at least three members of council, the city manager and the direc- tor of finance. The committee shall select a chairman from among its members. The city clerk shall serve as secretary of the committee. The committee shall meet on call of any member or the mayor. The water resources committee shall act in an advisory capacity to council in all matters relating to water resources, including but not limited to the supply, purification and dis- tribution of water, the collection and treatment of waste water and water pollution, and shall act in an advisory capacity to the council in matters relating to real estate. (4) Human Resources Committee. The human resources committee shall be composed of seven members appointed by the council and shall select a chairman from among its members. It shall meet on call of its chairman or any two members. The purpose of the human resources committee is to moni- tor and evaluate social service programs, especially those that seek funding on an annual basis through certain allocated revenue sharing funds, and to advise council as to the merits of funding such programs. (5) City Investment Committee. The city investment committee shall be composed of the mayor, the city treasurer and the director of finance, who shall be chairman. The committee shall meet upon call of any member. The city investment committee shall have the power and authority to order and direct the investment and reinvestment of such of the funds and cash resources of the city as are in excess of its immediate requirements for payment as~,provided in Ordinance No. 22118, and to order and direct the sale of such of the securi- ties so purcnasea, the surrender of such certific~e~ of ~Fo~ so taken or the withdrawal of such savings deposits so made, at such time or times as the director of finance may determine such investments necessary to be liquidated to meet the needs of the city. All securities so purchased, all certificates of deposits so taken and all savings deposits so made shall be under the custody of the city treasurer, under the control of the city investment committee, and the securities so purchased, at the discretion of said committee, may be held by the bank through which said securities were purchased, and the treasurer is hereby authorized to accept such bank's receipt for any securities pur- chased through it, which said receipt the city treasurer is directed to hold in lieu of such securities. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall be in effect upon and after its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1976. No. 23074. A RESOLUTION continuing certain ad hoc committees of the Council, and dissolving all other such committees. WHEREAS, upon review of the various ad hoc committees of the Council heretofore created it has been determined that those hereinafter named should be continued for the time being and that all other such committees should stand dissolved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the following ad hoc committees of the Council, viz: Cable Television Committee Flood Plain Committee Franchise Study Committee Housing Task Force Committee Jail Study Committee of the City of Roanoke Mill Mountain Development Committee Museum Advisory Committee Record Retention and Destruction Committee Regional Courthouse Committee Roanoke Traffic Code Committee Wiley Drive Committee Citizens' Task Force for Crime Prevention and Social Development be and are CONTINUED, to continue to assist and advise the Council upon those matters and things for which each said committee was initially created or upon other matters later referred; and that all other such ad hoc committees be and hereby stand DISSOLVED. BE IT FURTHER ORDAINED that this Council hereby expresses to the members of the ad hoc committees so dissolved its genuine appreciation for the advice and assistance rendered the Council by said former committee members. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROanOKE, VIRGINIA, The 6th day of July, 1976. No. 23076. AN ORDINANCE to amend Chapter 1 of Title VII, Code of the City of Roanoke, 1956, as amended, containing general provisions relating to the public schools of the city, by the addition of a new section providing the procedure for election of school trustees; and providing for an emergency. WHEREAS, for the usual daily operation of the municipal government and of the public school system of the city, an emergency is deemed to exist, and this ordinance shall take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 1. General Provisions., of Title VII. Public Schools., of the Code of the City of Roanoke, 1956, be amended by the addition of a new section to be numbered section 3.1., to read and provide as follows, viz: Sec. 3.1. Procedures upon 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 circulation in the city once a week for two consecutive weeks. Such advertisement shall be no less than two coltuuns wide by 4 inches high. (b) The council shall interview all candidates who have filed written applications for such appointment at an open session with the council meeting as a committee of the whole, at 7:30 p.m., on the third Wednesday following the first announcement by council of its intention to so elect a member or members to the Roanoke City School Board. Each applicant shall be given an opportunity to make an opening statement of not more than five minutes. All questions to be put to the candidates shall be in Writing, signed and sub- mitted at the beginning of the meeting. Questions shall be put to the candidates on a basis whereby the order of inquiry is varied. All 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 the next regular 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. BE IT FURTHER ORDAINED that an emergency exists, and that this ordinance shall be in force and effect upon and after its passage. APPROVED ATTEST: City Clerk Mayor IN THE~COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1976. No. 23077. A RESOLUTION providing for the permanent closing, discontinuing and abandonment of a certain street now dedicated as a proposed extension of Dudding Street, S. W.; a certain unnamed street which borders the northern boundary of Woodrow Wilson Junior High School as shown on the City's Tax Appraisal Map No. 153; and a fifty-foot alley, said streets and alley being shown on a plat on file in the Office of the City Engineer; appointing viewers to view said streets and alley; and providing for a public hearing on the proposal. WHEREAS, the School Board of the City of Roanoke has heretofore requested this Council to close what is now designated as a proposed extension of Dudding Street, S. W., and a certain unnamed street which borders the northern boundary of Woodrow Wilson Junior High School in connection with the construction of parking facilities for Woodrow Wilson Junior High School and Raleigh Court Park; and WHEREAS, the matter having been referred to and considered by the City's Planning Commission, the said Planning Commission recommended to this Council by report dated June 21, 1976 that the aforesaid streets and a certain fifty-foot alley be vacated, discontinued and closed in order to provide parking facilities for Woodrow Wilson Junior High School and Raleigh Court Park; and WHEREAS, it is this Council's desire to initiate, pursuant to Section 15.1-364 of the 1950 Code of Virginia, as amended, proceedings to permanently vacate, discontinue and abandon the aforesaid streets and alley. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the said Council proposes on its own motion and pursuant to Section 15.1-364 of the 1950 Code of Virginia, as amended, to permanently close, vacate, and discontinue as public streets and a public alley that certain street now dedicated as a proposed extension of Dudding Street, S. W., that certain unnamed street which borders the northern boundary of Woodrow Wilson Junior High School as shown on the City's Tax Appraisal Map No. 153, and that alley which extends northeasterly for approximately fifty feet from the proposed extension of Dudding Street, S. W., to the now existing Dudding Street, S. W., said streets and alley shown 'on a plat on file in the Office of the City Engineer. BE IT FURTHER RESOLVED that pursuant to provisions of the law for such cases made and provided, Messrs. L. Elwood Norris, George W. Overby, Edward H. Brewer, Jr., Harold W. Harris, Jr., and Lester K. Stover, Jr., any three or more of whom may act, are hereby appointed viewers in accordance with the aforesaid statute, to view said street 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; and BE IT FINALLY RESOLVED that a public hearing on the question be held before the Council at its regular meeting on the 26th day of July, 1976, or as soon thereafter as the same may be heard, and the City Clerk do cause a proper notice of said hearing to be advertised in one of the newspapers published in the City not less than ten (10) days prior to the date of said public hearing. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1976. No. 23079. A RESOLUTION addressed to the Virginia Department of Highways and Transportation, requesting that most serious efforts be made to program and reschedule, if necessary, construction in the City of the section of the Southwest Expressway now under construction so as to have the least adverse economic effect upon the businesses and commercial establishments located at or near the intersection of Brandon Avenue, S. W., and Colonial Avenue, S. W. WHEREAS, it has been brought to the City Council's attention, in matters relating to the City's improvement of a portion of Colonial Avenue, S. W., to accord with the Commonwealth's current construction of a new section of the Southwest Expressway, that serious losses and damages may be incurred by businesses and commercial organizations engaged in business at the Towers Shopping Center and at adjacent locations on Brandon Avenue and on Colonial Avenue, S. W., should Brandon Avenue be closed to traffic for any appreciable time and, particularly, at any time in the last quarter of the current calendar year; in which concern of such interests the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council respectfully requests the Department of Highways and Trans- portation to so schedule and program, or reschedule, if necessary, construction of portions of the new section of the Southwest Expressway (Route 220), and, particularly the new bridge or crossing over Brandon Avenue, S. W., as to least interfere with, disrupt or otherwise adversely affect the established private businesses and business interests in the abovementioned area. BE IT FURTHER RESOLVED that an attested copy of this resolution be transmitted by the City Clerk through appropriate channels to the Department of Highways and Transportation; and that the City Manager be and is hereby authorized and directed to maintain contact with and assist said Department of Highways and Transportation in the premises. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1976. No. 23080. A RESOLUTION extending the Council's appreciation to the Operations and Publicity Committee for the Airport Appreciation Days for 1976 at Roanoke Municipal Airporti-Woodrum Field, and requesting said Committee to convey the City's appreciation to other organizations and individuals which made Airport Appreciation Days for 1976 a success. WHEREAS, the City Manager, by report dated June 21, 1976, recommends that this Council adopt a resolution extending its appreciation to the Operations and Publicity Committee for the Airport Appreciation Days for 1976 and requesting said Committee to convey the City's appreciation to the organizations and individ- uals which made Airport Appreciation Days for 1976 a success. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council extends its appreciation and thanks to the Operations and Publicity Committee for the Airport Appreciation Days for 1976 at Roanoke Municipal Airport, Woodrum Field, and does request said Committee to convey the City's appreciation to other organizations and individuals which made Airport Appreciaton Days for 1976 a success. BE IT FURTHER RESOLVED that the City Clerk be and she is hereby directed to transmit an attested copy of this resolution to the Chairman of the Operations and Publicity Committee for the Airport Appreciation Days for 1976. ATTEST: APPROVED Mayor 35 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1976. No. 23081. AN ORDINANCE to amend and reordain Sec. 3.1, Chapter 5., of Title VIII, of the Code of the City of Roanoke, 1956, as amended, relating to the composition of the Airport Advisory Commission; and providing for an emergency. WHEREAS, it has been recommended to the Council that provision be made to authorize enlargement of the number of members of the Council's Airport Advisory Commission, now set at fifteen members, with the Mayor as additional member, ex-officio, in which proposal the Council concurs; and WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist so that this ordinance may take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 3.1., of Chapter 5, Title VIII, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained, to read and provide as follows: Sec. 3.1. Airport advisory commission - composition. (a) There is hereby established an airport advisory commission to be composed of not less than fifteen members, as hereinafter provided, to act in an advisory capacity to the council, in conjunction with the officers of the city who are members of such commission, in matters relating to the Roanoke Municipal Airport and to the airport department. The members of such commission shall serve without compensation for their services as such members. (b) The airport advisory commission shall be composed of not less than fifteen members, to be appointed by the mayor, and who shall serve at the pleasure of the council; and the membership of such commission shall consist of the city manager, the manager of the airport department, one or more members of the city council, and of such number of citizens as are necessary to result in a total membership of not less than fifteen. In addition, the mayor shall be a member of the commission, ex-officio. The mayor shall designate, from time to time, the chairman of such commission and the members thereof shall select a vice-chairman and a secretary, and meetings of the commission shall be held on call of the chairman, the vice-chairman, the mayor or of any three members of the commission. BE IT FURTHER ORDAINED that an emergency exists and that 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 July, 1976. No. 23070. AN ORDINANCE repealing Sec. 19. Sale of Gasoline and Oil, of Chapter 5. Airport, of Title VIII. Public Buildings and Property, of the Code of the City of Roanoke, 1956, as amended. . WHEREAS, the City Manager in a July 6, 1976 report to this Council recommended repeal of Sec. 19. Sale of Gasoline and Oil, of Chapter 5, of Title VIII. of the Code of the City of Roanoke, 1956, as amended; the license fee established by said section no longer being needed because of the provisions of Sec. 4.1. Standards, Requirements and Procedures for Fixed Base Operators Using the Airport, of Chapter 5, of Title VIII. of said code, in which recommendation this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 19. Sale of Gasoline and Oil, of Chapter 5. Airport, of Title VIII. Public Buildings and Property, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby REPEALED. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1976. No. 23078. 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 July 1, 1977, shall be seventeen and one-half 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 2.2., to read and provide as follows: Sec. 2.2. Amount of tax on and after July 1, 1977. On and after July 1, 1977, 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 service as defined and provided for in this chapter shall be imposed and levied in an amount equal to seventeen and one-half per cent of the charge made by the seller against the purchaser with respect to each utility service, to be collected and paid as provided in this chapter. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1976. No. 23082. A RESOLUTION providing for the appointment of three viewers in connection with the application of the abutting landowner to permanently vacate, abandon, discontinue and close a certain alley located in Block 1 of the Stratford Court Subdivision Map, lying between Lots 1 and 2 and between Lot 27, the said lots being further identified by Roanoke City Official Tax Numbers as Lot 1 being No. 1250309; Lot 2 being No. 1250308; and Lot 27 being No. 1250319; which said lots are now owned by the York Forestry & Land Company, Inc. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of the abutting landowner, that the said application was duly and legally posted as required by Section 15.1-364 of the Code of Virginia of 1950, as amended, a notice of its application to the Council of the City of Roanoke, Virginia, to vacate, abandon, and discontinue and close that certain alley located in the City of Roanoke, Virginia, and more particularly described as being a twelve foot alley in width and approximately 120.12 feet in length and as shown on the City of Roanoke Official Tax Map No. 125, and that copies of the said notice were posted at the front door of the Courthouse of the Circuit Court for the City of Roanoke, Virginia (Campbell Avenue entrance), and at the Market House (both at the Campbell Avenue entrance and at the Salem Avenue entrance), as provided by law; all of which is verified by an affidavit appended to the application addressed to the Council requesting, that the aforesaid alley be permanently vacated, abandoned, discontinued and closed; and WHEREAS, it appearing to the Council that more than 10 days have elapsed since the posting of said proper legal notice and the Council having considered said application to permanently vacate, abandon, discontinue and close the aforesaid alley; and WHEREAS, the applicant has requested that at least three viewers be appointed to view the above described alley herein sought to be permanently vacated, abandoned, discontinued and closed, and report in writing as required by Section 15.1-364 of the Code of Virginia of 1950, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. William P. Wallace, J. Tate McBroom, Dewey H. Marshall, Harry Whiteside, Jr., and Dale Poe, any three of whom may act, be, and they are hereby, appointed as viewers to view the aforesaid alley located between Lots 1 and 2 and Lot 27, Section 1, Stratford Court Subdivision, the said Lots being further identified by Roanoke City Official Tax Numbers as Lot 1 being No. 1250309; Lot 2 being No. 1250308; and Lot 27 being No. 1250319; which said Lots are owned by the York Forestry & Land Company, Inc., and report in writing pursuant to the provisions of Section 15.1-364 of the Code of Virginia of 1950, as amended, whether in their opinion any, and if any, what inconvenience would result from discontinuing the said alley. S8 BE IT FURTHER RESOLVED that the aforesaid application to permanently vacate, abandon, discontinue and close the within described alley be, and said proposal is referred to the City Planning Commission for study and recommendation back to City Council. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1976. No. 23083. AN ORDINANCE to amend and reordain the City of Roanoke,s 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of RoanOke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: 1976 SUMMER PROGRAM 9996 Unobligated funds (1) ............... $402,816.00 Not previously appropriated (1) Net increase $402,816.00 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 July, 1976. No. 23084. AN ORDINANCE. to. amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: PRIME SPONSOR - ADMINISTRATION ~985 Unobligated funds (1) ............. $299,983.00 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 July, 1976. No. 23085. AN ORDINANCE authorizing the purchase of supplies of liquid chlorine to the City's Water Department and to the Sewage Treatment Plant for the period beginning July 1, 1976, and ending June 30, 1977, upon certain terms and provisions by accepting a certain bid made to the City; rejecting certain other bids; and providing for an emergency. WHEREAS, on June 22, 1976, and after due and proper advertisement had been made therefor, six (6) bids for furnishing to the City quantities of liquid chlorine hereinafter mentioned were opened in the office of the City's Manager of Purchasing and Materials Control, by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending award of the contract as hereinafter provided; and the Council has determined that the bid hereinafter accepted is the best bid made to the City meeting the requirements of the City for the supply of said liquid chlorine, and that funds sufficient to pay for the purchase price of said chlorine have been appropriated; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Moreland Chemical Company, Inc., to supply liquid chlorine to the City's Water Department in 150 pound cylinders at $15.25 per 100 pounds or in 2000 pound cylinders at $8.89 per 100 pounds, should said Water Department convert from the use of 150 pound cylinders, f. o. b. Carvins Cove Filter Plant, Hollins, Virginia, and to the City's Sewage Treatment Plant in 2000 pound cylinders at $8.89 per 100 pounds, f.o.b. Sewage Treatment Plant, 1402 Bennington Street, S. E., Roanoke, Virginia, for the period beginning July 1, 1976, and ending June 30, 1977, be and is hereby ACCEPTED; and 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. BE IT FURTHER ORDAINED 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. BE IT FINALLY ORDAINED that an emergency exists and that this ordinance 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 July, 1976. No. 23086. A RESOLUTION authorizing the negotiation of short-term loans for the purpose of paying current expenses or debts of the City. WHEREAS, this Council is advised and has determined that the City will need to negotiate and secure short-term loans of money for the purpose of paying current expenses and debts of the City; and WHEREAS, the amount of short-term loans to the City hereinafter authorize to be negotiated would aggregate less than twenty-five per centum of the revenue from all sources collected by the City in the preceding fiscal year. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, as authorized by Sec. 49 of the Roanoke Charter of 1952, as amended, the Director of Finance be, and he is hereby authorized to negotiate and secure for the City short-term loans of money to the City, from time to time, during the current fiscal year expiring June 30, 1977, in such amounts as are necessary to pay current expenses and debts of the City, the total amount of all such short- term loans to the City hereafter made, outstanding at any one time, not to exceed the aggregate of $12,000,000.00, and to use such of the proceeds of such loans as may be necessary to pay current expenses and debts of the City. Each of the several loans that may be made pursuant to the authorization herein contained shall be evidenced by negotiable promissory notes of the City bearing interest from the date of such loan at a negotiated rate of interest not greater than eight per cent, (8%), per annum, payable on the date of maturity of each respective note, which said interest shall be payable from the General Fund, each note to become due at such time after date as the City's Director of Finance shall determine, not to exceed, however, one year after the date of such note, with interest thereon payable on the date of maturity of such notes, and each such note to be in the form prescribed by the City Attorney, executed by the City of Roanoke, by its Mayor, (the Mayor of the City of Roanoke being hereby fully authorized to execute said notes for and on behalf of the City of Roanoke), and the notes evidencing each of the several loans that may be made pursuant to the authorization herein contained to be payable in lawful money of the United States of America to a bank doing business in the City of Roanoke, or order, and to be signed for identification purposes only, by the City's Director of Finance; and the aforesaid Director of Finance is further authorized and directed to pay all such notes and the interest thereon on the date that the same become due with money drawn from the General Fund. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1976. No. 23087. AN ORDINANCE repealing Chapter 4.1. Audit Committee., of Title V, of the Code of the City of Roanoke, 1956, as amended, and providing for an emergency. WHEREAS, by Ordinance No. 23073 of the Council of the City of Roanoke, adopted July 6, 1976, and now in effect, Chapter 4 of Title II of tke Code of the City of Roanoke was so amended by the addition of Sec. 4 thereto as to make provision, inter alia, for establishment of the Council's Audit Committee as a permanent committee of the Council, with further provision for appointment of members to the Committee and its duties, all of which makes it advisable to repeal other provisions of the City Code heretofore made with reference to such Committee; and WHEREAS, for the usual daily operation of the municipal government an emergency exists in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 4.1. Audit Committee., in Title V. Finance., of the Code of the City of Roanoke, 1956, as amended, as said Chapter was heretofore codified by Ordinance No. 18394, adopted October 28, 1968, be and said Chapter is hereby REPEALED. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall take effect upon its passage. ATTEST: City Clerk APPROVED Mayor 4¸2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1976. No. 23088. A RESOLUTION fixing the time and place for hearing an applicant for issuance of a certificate of public convenience and necessity to operate an ambulance service in the City. WHEREAS, Mr. Robert A. Gray, Proprietor of Gray's Ambulet Service, has applied to the City Council for issuance of a certificate of public convenience and necessity to operate an ambulance service in the City and appears to have substantially complied with the provisions contained in Chapter 4, Title XIX of the Code of the City of Roanoke, 1956, as amended, pertaining to such applicati¢ THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that July 26 , 1976, at 7:30 o'clock, R.m., at the regular meeting of the City Council in the Council Chambers, be fixed as the time and place for the Council hearing the aforesaid applicant; and said application is hereby referred to the City Manager for consideration and recommendation to the Council. BE IT FURTHER RESOLVED that notice of the abovementioned public hearing and of the purpose thereof be published by the City Clerk once in a newspaper of general circulation in the City, at least 5 days prior to such hearing, publication of such notice to be at the expense of the within named applicant. City Clerk APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1976. No. 23089. AN ORDINANCE to amend and reordain certain sections of the 1976-77 Municipal 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 1976-77 Municipal Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: 4,3 OPERATING EXPENSES #2005 Other Services and Charges (1) ......... $68,308.71 Maintenance (2) .................... 26,434.40 Materials and Supplies ~i . · [ 10,506 68 CAPITAL OUTLAY FROM REVENUE #2401 Seal Runway #27 (4) ..................... 24,937.30 Fire Truck (5) ............... ----. 2,100.00 Repair and Cons[ruc[i~n pr°jest'(6)... 53,000.00 Fixed Base Operation (7) ............... 18,538.11 Relocate Fire Alarm (8) ........... 4,000.00 Electrical Renovation (9i ~ · .. ' '' 66,328.00 (1) Net increase (2) Net increase (3) Net ~ncrease (4) Net increase (5) Net lncrease (6) Net increase (7) Net increase (8) Net ~ncrease (9) Net increase ............. $38,308.71 1,434.40 1,006.68 24,937.30 2,100.00 53,000.00 18,538.11 4,000.00 66,328.00 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 July, 1976. No. 23090. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Civic Center Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: OPERATING EXPENSE 92005 Other Services and Charges (1) ............. $69,580.00 Maintenance (2) ............................ 16,021.50 Materials and Supplies (3) ................. 23,774.75 PROMOTIONAL EXPENSE 92010 Other Services and Charges (4) ............. 93,284.88 CAPITAL OUTLAY FROM REVENUE 92401 Power Supply System (5) .................... Fork Lift Overhaul (6) ..................... 3,061.00 600.00 (1) Net increase (2) Net increase (3) Net increase (4) Net increase (5) Net increase (6) Net increase .$2,580.00 21.50 3,774.75 913.38 3,061.00 600.00 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 12th day of July, 1976. No. 23091. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: OPERATING EXPENSE %2005 Maintenance (1) ....................... $ 25,503.50 Materials and Supplies (2) ............ 914,688.61 CAPITAL OUTLAY FROM REVENUE %2401 Miscellaneous Construction Projects (3) 49,020.00 Kimball Redevelopment (4) ............. 111,428.00 Downtown East Redevelopment (5) ....... 28,700.00 (1) Net increase (2) Net increase (3) Net increase (4) Net increase (5) Net increase $ 503.50 33,066.47 49,020.00 111,428.00 28,700.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor 4.5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1976. No. 23092. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Water Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL OPERATING ACCOUNT %2005 Other Services and Charges (1) ............... $46,529.00 Materials and Supplies (2) ................... 3,200.41 Miscellaneous Refunds (3) .................... 14,814.59 (1) Net increase (2) Net increase (3) Net increase $ 3,279.00 100.41 1,814.59 WATER PUMPING STATIONS AND TANKS %2010 Maintenance (1) .............................. $42,384.50 (1) Net increase $ 384.50 WATER PURIFICATION %2015 Other Sera,ices and Charges (1) ............... $39,900.00 Maintenance (2) .............................. 40,464.04 Materials and Supplies (3) ................... 93,718.12 (1) Net increase (2) Net increase (3) Net increase $ 9,900.00 10,464.04 3,718.12 CAPITAL OUTLAY FROM REVENUE %2401 High Pressure Check Valve (1) ............... $ Leaf Clean Catawba Tunnel (2) ............... Leaf Clean Tinker Tunnel (3) ................ Fire Pump Chapel Forest (4) ................. Storage Stand pipe (5) ...................... Carvins Cove Drive (6) ...................... Heat Unit Carvins Cove (7) .................. Storm Windows Carvins Cove (8) .............. 2 1/2 Ton Pickup w/body (9) ................. Pave Circle at Carvins Cove (10) ............ Peakwood Reservoir (11) ..................... Maintenance and Street Restoration (12) ..... Kimball Redevelopment (13) .................. Downtown East Redevelopment (14) ............ 2,000.00 8,000.00 4,979.09 5,000.00 13,814.85 5,000.00 2,000.00 2,000.00 11,000.00 5,000.00 77,847.40 44,654.65 14,035.00 68,825.00 Peter Creek Water Line (15) ................. 174,910.80 (1) Net ~ncrease ............... $ (2) Net lncrease (3) Net ~ncrease (4) Net ~ncrease (5) Net lncrease (6) Net increase (7) Net ~ncrease (8) Net increase (9) Net ~ncrease (10) Net increase (11) Net ~ncrease (12) Net increase (13) Net ~ncrease (14) Net ~ncrease (15) Net ~ncrease 2,000.00 8,000.00 4,979.09 5,000.00 13,814.85 5,000.00 2,000.00 2,000.00 11,000.00 5,000.00 77,847.40 44,654.65 14,035.00 68,825.00 174,910.80 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1976. No. 23093. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION #1269 Salaries and Wages (1) ............... $ 992,415.63 POLICE DEPARTMENT #1345 Salaries and Wages (2) ............... 2,397,816.55 FIRE DEPARTMENT #1347 Salaries and Wages (3) ............... 2,650,913.70 (1) Net decrease $ 38,965.37 (2) Net decrease 93,620~45 (3) Net decrease 103,760.30 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1976. No. 23094. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION ~1269 Salaries and Wages (1) ................ $1,031,381.00 POLICE DEPARTMENT #1345 Salaries and Wages (2) ................ 2,491,437.00 FIRE DEPARTMENT #1347 Salaries and Wages (3) ................ 2,754,674.00 REVENUE SHARING TRUST FUND (4) ............. 346,800.88 (1) Net increase (2) Net increase (3) Net increase (4) Net decrease ......... $ 38,965.37 93,620.45 103,760.30 236,346.12 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 12th day of July, 1976. No. 23095. A RESOLUTION designating the Honorable David K. Lisk as an official representative of the City of Roanoke in the organization of Sister Cities International. WHEREAS, since taking his seat upon the Council of the City of Roanoke on September 1, 1966, David K. Lisk has continuously and with noted effect been actively involved in the Sister City Program and, specifically, in the sister city relationship between the City of Wonju, South Korea, and the City of Roanoke; and WHEREAS, such interests and efforts have led to his very active partici- pation in the local and state-wide Program, and more recently, in the nationwide organization of Sister Cities International, of which latter organization Mr. Lisk is a Vice-President; and WHEREAS, this Body desires that Mr. Lisk continue to be active and an official representative of the City of Roanoke in and about the affairs of the aforesaid nationwide organization. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body hereby officially authorizes and designates the Honorable David K. Lisk to be a representative of the City of Roanoke in the organization of Sister Cities International and, in such capacity, to further the good relationship which has existed for more than twelve years between the City of Roanoke and the City of Wonju, South Korea, and similar sister city relationships which have been established between other cities of this Nation and cities of other nations. BE IT FURTHER RESOLVED that attested copies of this resolution be transmitted by the City Clerk to the President of Sister Cities International and to the Honorable David K. Lisk. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1976. No. 23095. A RESOLUTION commending the many persons and organizations of the Roanoke Valley community for arranging and for participating in and celebrating the Roanoke Valley's Bicentennial Independence Day activities. WHEREAS, with the formal commencement on July 2, 1976, of the cele- bration of the Nation's Bicentennial Independence Day, and with the Governor of Virginia and other high State officials, with heads and members of the Valley's governing bodies, and with many of the Valley's citizens and visitors to the community from all parts of the Commonwealth attending the event, a full and interesting series and program of activities for the Bicentennial occasion was launched by the residents and organizations of the Roanoke Valley community which, culminating in a day-long celebration of the event on July 5th, highlighted on that day by a parade of unequalled proportions and attendance in the Roanoke Valley and dignified by the presence of visiting foreign officials, should bring pride and satisfaction to the patriotic instincts of each and every resident of the Roanoke Valley community, as it does to this Body; and WHEREAS, this Body 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 many individuals and numerous organizations responsible for the series of events and, as well, take note of the thousands of residents of the Valley community who attended and by their presence, 49 appreciative acceptance and participation in the Bicentennial program, made the whole celebration a resounding success; THEREFORE, BE IT RESOLVED by the Mayor and Members of the Council of the City of Roanoke that this Council most heartily recognize and commend for their efforts the large number of individuals and organizations responsible for, and the thousands of citizens of the Roanoke Valley community who attended and participated in the various and numerous events which were recently scheduled and magnificently conducted in the Roanoke Valley in patriotic observance and celebration of this Nation's 200th Anniversary of Independence. BE IT FURTHER RESOLVED that, in order to publicize the gratitude and pride of this Body in and for all of the aforesaid, and upon approval hereof by the Mayor, the Clerk is authorized and requested to cause appropriate publica- tion of this resolution to be made once in a newspaper of widest circulation in the community. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 1976. No. 23097. AN ORDINANCE to amend and reordain Section #0710, "Commonwealth Attorney, of the 1976-77 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 #0710, "Commonwealth Attorney," of the 1976-77 Appropriation Ordinance be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH ATTORNEY #0710 Travel and Education (1) ................ $8,675.00 Not previously appropriated (1) Net increase ..... $2,875.00 *95% to be reimbursed by D.J.C.P. Grant, 5% local cash match BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 504, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 1976. No. 23098. AN ORDINANCE to amend and reordain certain sections of the 1976- 77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - DIAL PROGRAM 915000 DIAL Program (1) ................. $36,538.24 *$32,538.24 to be reimbursed by federal funds, $4,000.00 local matching funds to be trans- ferred from account 11196 SCHOOLS - WORK EXPERIENCE AND CAREER EXPLORATION PROGRAM 915000 Work Experience and Career Exploration Program (2) ......... $14,002.00 *100% of expenditures to be reimbursed from federal funds SCHOOLS - TITLE IV, A PROGRAM TO PREVENT QRAL~EVIATE PROBLEMS ARISING FROM DESEGREGATION #15000 Title IV, A Program to Prevent or Alleviate Problems Arising from Desegregation (3) ............... $44,949.00 *100% of expenditures to be reimbursed from Title IV funds SCHOOLS - MANAGEMENT BY OBJECTIVES, TITLE IV-C, E.S.E.A. 915000 Management by Objectives, Title IV-C, E.S.E.A. (4) .................... $50,667.00 *100% of expenditures to be reimbursed from Title IV-C, E.S.E.A. funds SCHOOLS - FOLLOW UP OF FORMER VOCATIONAL STUDENTS 915000 Follow Up of Former Vocational Students (5) .................... $ 2,655.00 *100% of expenditures to be reimbursed from federal funds SCHOOLS - EMERGENCY SCHOOL AID ACT 915000 Emergency School Aid Act (6) .... $325,953.00 *100% of expenditures to be reimbursed by Title VII, P. L. 93-380 funds SCHOOLS - EDUCATIONAL CONSULTANT FOR CHILD DEVELOPMENT CLINIC 915000 Educational Consultant for Child Development Clinic (7) .......... $21,624.02 *100% of expenditures to be reimbursed from State Department of Education funds SCHOOLS - CAREER EDUCATION PROGRAM, P. L. 93-380 #15000 Career Education Program, P. L. 93-380 (8) ..................... $100,000.00 *100% of expenditures to be reimbursed by P. L. 93-380 funds SCHOOLS - EDUCATIONAL CONSULTANT FOR CHILD NEUROLOGY CLINIC #15000 Educational Consultant for Child Neurology Clinic (9) ...................... $17,166.17 *100% of expenditures to be reimbursed from State Department of Education funds Not previously appropriated (1) Net increase ............. (2) Net increase ......... (3) Net increase (4) Net increase (5) Net increase .......... (6) Net Increase ........ (7) Net increase (8) Net increase ................ (9) Net increase .......... .... $ 36,538.24 14,002.00 44,949.00 50,667.00 2,655.00 325,953.00 21,624.02 100,000.00 17,166.17 Total Amount .................. $613,554.43 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 1976. No. 23099. AN ORDINANCE to amend and reordain certain sections of the 1976- 77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - ADULT BASIC EDUCATION #15000 Adult Basic Education (1) ........... $ 5,488.40 SCHOOLS - SCHOOL-BASED ALCOHOL AND DRUG ABUSE PREVENTION AND EARLY INTERVENTION PROGRAM #15000 School-Based Alcohol and Drug Abuse Prevention and Early Intervention Program (2) .$ 158.45 SCHOOLS - TITLE IV, P. L. 88-352 #15000 Title IV, P. L. 88-352 (3) .......... $ 1,875.38 SCHOOLS - TITLE VII, E.S.A.A. #15000 Title VII, E.S.A.A. (4) ............. $43,039.69 52 SCHOOLS - WORK EXPERIENCE CAREER EDUCATION 915000 Work Experience Career Education (5).$ 605.70 SCHOOLS - DIAL PROGRAM 915000 DIAL Program (6) .................... $38,406.20 SCHOOLS - MANAGEMENT BY OBJECTIVES 915000 Management by Objectives (7) ........ $ 2,218.15 SCHOOLS - TITLE I, P. L. 89-10, Winter 1975-76 915000 Title I, P.L. 89-10, Winter 1975-76 (8) ........................ $71,917.01 SCHOOLS - T.A.P. TUTORIAL PROGRAM 915000 T.A.P. Tutorial Program (9) ......... $ 3,988.62 SCHOOLS - ADULT EDUCATION RESEARCH PROJECT 915000 Adult Education Research Project (10)$ 1,554.88 SCHOOLS - LIBRARY MATERIALS, TITLE IVB, P.L. 93-380 915000 Library Materials, Title IVB, P. L. 93-380 (11) .................... -..~$ 625.48 SCHOOLS - TITLE I, SUMMER PROGRAM, P.L. 89-10 915000 Title I, Summer Program, P.L. 89-10 (12) .................... $78,441.93 Reappropriations (1) Net ~ncrease (2) Net ~ncrease (3) Net ~ncrease (4) Net increase (5) Neb ~ncrease (6) Net increase (7) Net ~ncrease (8) Net ~ncrease (9) Net ~ncrease (10) Net ~ncrease (11) Net ~ncrease (12) Net ~ncrease 5,488.40 158.45 1,875.38 43,039.69 605.70 .t,867.96 2,218.15 71,917.01 3,988.62 1,554.88 625.48 78,441.93 *100% of expenditures to be reimbursed by approved local budget, Commonwealth of Virginia and/or federal funds Total Amount ................. $211,781.65 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 1976. No. 23100. AN ORDINANCE to amend and reordain Section 91540, "Title XX, Services," of the 1976-77 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. ¸53 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that Section #1540, "Title XX, Services," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TITLE XX, SERVICES 91540 Protective Service for Adults (1) ....... $ 4,506.42 Transportation Services (2) ............. 18,948.96 Day Care for Children Developmentally Disabled (3) ................ ____.__ ____ 6,762.82 Day Care for Adults DeveloPmentally Disabled (4) ........................... 5,265.91 Planned Parenthood Services (5) ......... 1,696.40 Training to Maximize Independence for Adults and Children (6) ................ 1,320.30 Reappropriations (1) Net increase (2) Net increase (3) Net increase (4) Net increase (5) Net increase (6) Net increase $ 4,506.42 18,948.96 6,762.82 5,265.91 1,696.40 1,320.30 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor ! IN THE/COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19~h day of July, 1976. No. 23101. AN ORDINANCE to amend and reordain Section 91539, "Nursing Home," of the 1976-77 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 91539, "Nursing Home," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NURSING HOME 91539 Salaries and Wages (1) ............... $301,147.00 Other Services and Charges (2) ....... 23,550.00 Transfer (1) Net decrease $8,500.00 (2) Net increase 8,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 54 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 1976. No. 23102. 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 for a fifteen (15) month period from July 1, 1976, to Septem- ber 30, 1977, subject to availability of appropriations; and providing for an emergency. WHEREAS, the preceding annual written agreement between the City and the United States Department of the Interior, Geological Survey, pursuant to which the parties have heretofore maintained and operated certain stream gauging stations has expired and the parties desire to enter into a new agreement; and WHEREAS, funds have been appropriated by the Council sufficient for the purpose herein provided; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 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 July 1, 1976, to September 30, 1977, at a cost to the City of $4,625.00; said agreement to be upon Form 9-1366 (Dec. 1971), of said Department, when approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 1976. No. 23103. A RESOLUTION authorizing, ratifying and approving execution of an 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, for grant of operating assistance funds under the Urban Mass Transportation Act, for the time period of November 26, 1974, through June 30, 1975, in Fiscal Year 1974-1975. ~e WHEREAS, Greater Roanoke Transit Company heretofore filed an appli- cation with the Department of Transportation, Urban Mass Transportation Administration, seeking Section 5. Operating Grant Assistance, under the Urban Mass Transportation Act of 1964, as amended, for Fiscal Year 1975, the Commonwealth of Virginia, Department of Highways and Transportation to be the designated recipient of such operating assistance grant, said application having been approved by the Fifth Planning District Commission; and WHEREAS, the eligible project operating expenses amount to $437,532.00, $155,875.00 of which the Government has offered to pay, but such grant is required to be paid to the designated recipient hereinabove mentioned for disbursement to an appropriate grantee upon execution of an approved grant contract by such grantee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does hereby authorize, ratify and approve the execution, on behalf of the City of Roanoke, of an 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, for grant of operating assistance funds under the Urban Mass Transportation Act for the time period of November 26, 1974, through June 30, 1975, in Fiscal Year 1974- 75. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 1976. No. 23104. A RESOLUTION authorizing and approving execution of an Operating Assistance Grant Contract for Project No. VA-05-4008 between the United States of America, the Commonwealth of Virginia, Department of Highways and Transportation and the City of Roanoke, for grant of operating assistance funds under the Urban Mass Transportation Act, for the time period of July 1, 1975, through June 30, 1976. WHEREAS, Greater Roanoke Transit Company heretofore filed an appli- cation with the Department of Transportation, Urban Mass Transportation Administra- tion, seeking Section 5. Operating Grant Assistance, under the Urban Mass Transpor- tation Act of 1964, as amended, for Fiscal Year 1975-1976, the Commonwealth of Virginia, Department of Highways and Transportation to be the designated recipient of such operating assistance grant, said application having been approved by the Fifth Planning District Commission; and 56 WHEREAS, the eligible project operating expenses amounting to $1,917,796. $620,307.00 of which the Government has offered to pay, but such grant is required to be paid to the designated recipient hereinabove mentioned for disbursement to an appropriate grantee upon execution of an approved grant contract by such grantee. THEREFORE, BE IT RESOLVED by the Council of ~the City of Roanoke that this Council does hereby authorize and approve the execution, on behalf of the City of Roanoke, of an Operating Assistance Grant Contract for Project No. VA-05-4008 between the United States of America, the Commonwealth of Virginia, Department of Highways and Transportation and the City of Roanoke, for grant of operating assistance funds under the Urban Mass Transportation Act for the time period of July 1, 1975, through June 30, 1976. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 1976. No. 23105. AN ORDINANCE authorizing the issuance of Ckange Order No. 2, providing for an ll-day time extension to the City's contract with John A. Hall & Co., Inc., dated June 19, 1975, for runway paving work at Roanoke Municipal Airport, Woodrum Field, under ADAP Project No. 8-51-0045-05, upon certain terms and conditions; and providing for an emergency. WHEREAS, the Assistant City Manager, in report dated July 19, 1976, has advised the Council that a time extension is necessary in order to bring the contract completion date in line with days actually worked on the job, resulting from delays experienced by the contractor due to wet weather and delays in receiving certain necessary electrical fixtures and has recommended that a Change Order be issued to provide for this time extension, in which recommendation, the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Assistant City Manager be and is hereby authorized and directed to issue and execute Change Order No. 2, to the City's contract dated June 19, 1975, with John A. Hall & Co., Inc., providing for certain runway paving at Roanoke Municipal Airport, Woodrum Field, which said change order shall provide for an ll-day extension of time to complete the work for the reasons set out in the Assistant City Manager's report dated July 19, 1976, 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. 57 BE IT FURTHER ORDAINED that, an emergency exists and that 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 19th day of July, 1976. No. 23106. AN ORDINANCE accepting certain bids for furnishing to the City certain equipment for use at the fueling station at the City's Public Works Service Center, and authorizing the issuance of purchase orders therefor; rejecting certain other bids; and providing for an emergency. WHEREAS, on July 14, 1976, and after due and proper advertisement had been made therefor, certain bids for furnishing to the City the equipment, hereinafter mentioned, for the fueling station at the City's Public Works Service Center were received and opened in the office of the City's Manager of Purchasing and Materials Control by three members of a committee appointed for the purpose, and were tabulated and studied by the committee which has made written report and recomendation to the Council through the Assistant City Manager; and WHEREAS, the Assistant City Manager, concurring in the committee's report has transmitted the same to the Council, recommending acceptance of the bids as hereinafter provided; and the Council, considering all of the same, has determined that the bids hereinafter accepted represent the lowest and best bids meeting all of the City's specifications made therefor, and that funds sufficient to pay for the purchase price of said equipment have been appropriated for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That the bid of Kavenaugh Corporation of Richmond, Virginia, for furnishing to the City pumps, dispensers, bulk delivery and controls, for the fueling station at the City's Public Works Service Center, for a total purchase price of $32,895.00; and (2) That the bid of Pump & Tank Company, Salem, Virginia, for furnishing to the City control for Bulk Truck Dispensing, to be installed at Montvale, Virginia, for a total purchase price of $2,841.00, be and said bids are hereby ACCEPTED; and the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue the City's requisite purchase orders to the aforesaid suppliers in accordance with the aforesaid proposals, the City's specifications made for the same and the provisions of this ordinance. BE IT FURTHER ORDAINED that all other bids made to the City for furnishin~ the aforesaid equipment be, and said other bids are hereby REJECTED; the City Clerk to so notify said other bidder and to express the City's appreciation of said bids. BE IT FINALLY ORDAINED that, an emergency exists and that this ordinance shall be in full foroe and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 1976. No. 23107. AN ORDINANCE accepting the proposal of Lynchburg Foundry Company for fur- nishing and supplying certain ductile iron water pipe to be used by the City's Water Department for the period beginning July 1, 1976, and ending June 30, 1977; authorizing the proper City officials to execute the requisite contract or pur- chase orders; rejecting all other bids; and providing for an emergency. WHEREAS, on June 22, 1976, and after due and proper advertisement had beel made therefor, four (4) bids for furnishing and supplying to the City certain ductile iron water pipe necessary for the normal daily operation of the City's Water Department, for the period beginning July 1, 1976, and ending June 30, 1976, were opened in the office of the City's Manager of Purchasing and Materials Control by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the Assistant City Manager; and WHEREAS, the Assistant City Manager, concurring in the committee's report has transmitted the same to the Council, recommending acceptance of a certain proposal as hereinafter provided; and the Council considering all of the same, has determined that the bid hereinafter accepted is the best bid made to the City for furnishing the said material, and that funds sufficient to pay the cost of said material have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follow 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 period of time mentioned in said specifications, for the unit prices as follows: Description 100 L.F. - 3" pipe, mechanical joint 100 L.F. - 4" pipe, mechanical joint 1,000 L.F. - 4" pipe, push-on joint 100 L.F. - 6" p~pe, mechanical joint 5,000 L.F. - 6" Pipe, push-on joint 100 L.F. - 8" p~pe, mechanical joint 7,000 L.F. - 8" pipe, push-on joint 500 L.F. - 12" pipe, mechanical joint 9,000 L.F. - 12" pipe, push-on joint 5,000 L.F. - 16" pipe, push-on joint 5,000 L.F. - 20" pipe, push-on joint Unit Price $ 2.92 $ 3.68 $ 3.41 $ 4.31 $ 3.98 $ 5.97 $ 5.59 $ 9.80 $ 9.26 $12.57 $16.52 said pipe to be delivered f.o.b, rail siding, 3447 Read Road, N. E., Roanoke, Virginia, 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, 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. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 1976. No. 23108. AN ORDINANCE providing for the purchase of supplies of various types of water meters for use by the City's Water Department during the period of time beginning July 1, 1976, and ending June 30, 1977, upon certain terms and provisions by accepting certain bids made to the City; rejecting certain other bids; and providing for an emergency. WHEREAS, on June 22, 1976, and after due and propar advertisement had been made therefor, certain bids for the supply to the City of the water meters hereinafter mentioned were opened in the office of the City's Manager of Purchasing and Materials by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the Assistant City Manager; and WHEREAS, the Assistant City Manager, concurring in the committee's report has transmitted the same to the Council, recommending award of the contracts as hereinafter provided; and the Council, considering all'of the same, has deter- mined that the bids hereinafter accepted represent the lowest and best bids meeting all of the City's specifications made therefor, made to the City for the supply of said water meters, and that funds sufficient to pay for the purchase price of said water meters have been or are being appropriated; and WHEREAS, it is necessary for the usual daily operation of the City's Water Department, a department of the municipal government, that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following offers made by the following bidders upon the unit prices stated below, viz: (1) following: (4) following: From Rockwell International, Pittsburgh, Pennsylvania, the Type of Meter 5/8 inch Less trade-in allowance for 5/8 inch bronze case meter 3 inch compound Unit Price $ 28.80 -5.00 $600.58 (2) From Neptune Water Meter Co., Louisville, Kentucky, the following: Type of Meter Unit Price 3/4 inch $ 43.18 1 inCh $ 62.42 1 1/2 inch $135.00 2 inch compound $180.00 (3) From Hersey Products Co., Dedham, Massachusetts, the following: Type of Meter Unit Price $ 985.00 $1,990.00 $ 805.00 $1,241.00 $2,221.00 From Badger Meter, Incorporated, Milwaukee, Wisconsin, the 4 inch compound 6 inch compound 6 inch detector 8 inch detector 10 inch detector Type of Meter Unit Price 8-inch compound or manifold equivalent $2,094.75; to furnish and 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 Materiala 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, 1976, and ending June 30, 1977, 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. BE IT FURTHER ORDAINED 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. BE IT FURTHER ORDAINED 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 apprecia- tion of said bids. BE IT FINALLY ORDAINED that, an emergency existing, 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 19th day of July, 1976. No. 23109. AN ORDINANCE authorizing the purchase of supplies of liquid alum for the City's sewage treatment plant for the period beginning July 1, 1976 and ending June 30, 1977; upon certain terms and provisions, by accepting a certain bid made to the City; rejecting certain other bids; and providing for an emergency. WHEREAS, on June 22, 1976, and after due and proper advertisement had been made therefor, two (2) bids for the furnishing to the City quantities of liquid alum hereinafter mentioned were opened in the office of the City's Manager of Purchasing and Materials Control, by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the Assistant City Manager under date of July 19, 1976; and WHEREAS, the Assistant City Manager, concurring in the committee's report, has transmitted the same to the Council by written report under date of July 19, 1976, recommending award of the contract as hereinafter provided; and the Council has determined that the bid hereinafter accepted is the best bid $2 made to and meeting the requirements of the City for the supply of said liquid alum, and that funds sufficient to pay for the purchase price of said alum have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Howerton-Gowen of Roanoke Rapids, North Carolina, to furnish and supply liquid alum to the City's sewage treatment plant at the unit price of $92.00 per ton, the total estimated amount needed being 900,000 pounds, in accordance with the bidder's proposal and the City's specifications made therefor, for the period beginning July 1, 1976, and ending June 30, 1977, delivery to be made as and when ordered by the City's Manager of Purchasing and Materials Control, be, and is hereby ACCEPTED; and 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 hereto- fore appropriated for the purpose. BE IT FURTHER ORDAINED 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 apprecia- tion for said bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 1976. No. 23110. AN ORDINANCE accepting a certain bid made to the City for furnishing, delivering and installing library shelving in the Northwest Branch Library; rejecting certain other bids; and providing for an emergency. WHEREAS, on July 6, 1976, and after due and proper advertisement had been made therefor, four (4) bids for furnishing, delivering and installing library shelving in the Northwest Branch Library were opened in the office of the City's Manager of Purchasing and Materials Control, by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the Assistant City Manager under date of July 19, 1976; and WHEREAS, the Assistant City Manager, concurring in the committee's report, has transmitted the same to the Council by written report under date of July 19, 1976, recommending award of the contract as hereinafter provided; and the Council has determined that the bid hereinafter accepted is the lowest and best bid made to and meeting the requirements of the City for furnishing, delivering and installing library shelving in the Northwest Branch Library, and that funds sufficient to pay for the purchase price of shelving have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Estey Corporation of Red Bank, New Jersey, for furnishing, delivering and installing library shelving in the Northwest Branch Library at a total price not to exceed the su~ of $11,123.00, in accordance with the bidder's proposal and the City's specifications made therefor, be and is hereby ACCEPTED; and 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 the requisite purchase order for said shelving and installation mentioned in paragraph 1 above, the same to be paid for upon acceptance by the City out of funds heretofore appropriated for the purpose. BE IT FURTHER ORDAINED that the other bids received by the City for same 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. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 1976. No. 23111. AN ORDINANCE accepting the bid made to the City by Roanoke Ready Mix Concrete Corporation for furnishing ready mix concrete to the City for the period beginning on or about July 15, 1976 and ending June 30, 1977; rejecting certain other bids; and providing for an emergency. WHEREAS, on July 15, 1976, and after due and proper advertisement having been made therefor, three (3] bids were received and opened by committee in the office of the City's Manager of Purchasing and Materials Control for the furnishing of ready mix concrete to the City for a period beginning on or about July 15, 1976 and ending June 30, 1977; and thereafter tabulated and studied by the committee which has made written report and recommendation to the Council through the Assistant City Manager under date of July 19, 1976, that the lowest and best bid meeting all specifications and requirements, that of Roanoke Ready Mix Concrete Corporation, be accepted; and WHEREAS, it is the opinion of the Council that said ready mix concrete should be purchased, as and when needed, funds sufficient for the payment of the purchase price have been or are being appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Roanoke Ready Mix Concrete Corporation, to supply the City, with ready mix concrete for City use for the period beginning on or about July 15, 1976 and ending June 30, 1977, at the estimated cost of $31.45 per yard for Class A mix delivered to jobsites, and $24.95 per yard placed in City-owned trucks at vendor's plant;, and $35.25 per yard for Hi Early mix delivered to jobsites, and $28.75 per yard placed in City-owned trucks at vendor's plant; be, and hereby is ACCEPTED; and the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue the City's requisite purchase orders, as and when needed, to the aforesaid bidder in accordance with the aforesaid proposal, the City's specifications made for the supply of said concrete, and the provisions of this ordinance. BE IT FURTHER ORDAINED that the other bids made to the City for the supply of the aforesaid concrete 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. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 1976. No. 23113. AN ORDINANCE to amend and reordain Section #7424, "Regional Intake Office," of the 1976-77 Grant Program 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 97424, "Regional Intake Office," of the 1976-77 Grant Program Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: REGIONAL INTAKE OFFICE #7424 Personal Services (1) ................ $44,564.00 Travel and Education (2) ............. 1,000.00 (1) Net increase $44,564.00 (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 19th day of July, 1976. No. 23114. 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 all other bids; and providing for an emergency. WHEREAS, at the meeting of the Council held on July 6, 1976, and after due and proper advertisement had been made therefor, three (3) bids for performing certain miscellaneous, small area hard surface street and sidewalk restoration were received and were opened and read before the Council, whereupon all said bids were referred to a committee for tabulation and study and for recommendation to be made thereon to the Council; and WHEREAS, said Committee has reported to the Council in writing its tabulation of bids, from which and upon said committee's report, which report is concurred in by the City Manager, it appears that the bid of Adams Construction Company, in the amount of $103,753.00, based on estimated quantities, is the lowest and best bid received by the City for the performance of said work; and WHEREAS, sums sufficient to pay for the cost of the contract hereinafter authorized have been appropriated by the Council for the purpose; and for the usual daily operation of the municipal government, an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: II ............... IT 66 1. That the proposal of Adams Construction Company made July 6, 1976, for performing miscellaneous, small area hard surface street and sidewalk restora- tion within the City, in full accordance with the City's plans and specifications, at the unit prices and for not more than the estimated sum of $103,753.00, which proposal is on file in the office of the City Clerk, 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 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; and 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 each the City's appreciation of said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1976. No. 23075. AN ORDINANCE to amend and reordain Rule 1 of Sec. 2, Chapter 4, Title II of the Code of the City of Roanoke, 1956, as amended, relating to the regular meetings of the Council of the City of Roanoke; and providing the effective date of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that Rule 1. Regul~ Meetings, of Chapter 4. The Council., Title II. Administration., of the Code of the City of Roanoke, 1956, as amended, be and said Rule 1 is amended and reor- dained, to provide as follows, viz: 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; and except, further that when any such Monday be a legal holiday of the city, such regular meeting shall be held on the Tuesday, next following; provided, that nothing herein contained shall be construed to alter the time, date or place of the council's organizational meeting provided for in the city charter. The second regular meeting each month shall be held at 7:30 p.m.; all other regular meetings shall be held at 2:00 p.m. Except as may otherwise be provided by ordi- nance or resolUtion of the council, all regular meetings of the council shall be held in the Council Chambers, Room 450, of the Municipal Building in the city. BE IT FURTHER ORDAINED that the provisions of this ordinance shall be in effect on and after Septe~er 1, 1976. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1976. No. 23112. 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 televisio] (CATV) system in the City and concerning related matters, in the following par- ticulars, viz: by amending and reordaining Section 4. Construction and System Extension., and by amending and reordaining Section 10. Rates and Char~es., of said franchise ordinance. WHEREAS, request has been made by Roanoke Valley Cablevision, Inc., Grantee of the franchise provided for in Ordinance No. 22025, that amendment be made to certain of the terms, provisions and conditions contained in said franchise ordinance, and the Regional Cable TV Committee, composed of representative of the City of Roanoke, the Town of Vinton and the County of Roanoke, considering said request has recommended that the franchise ordinance be amended in the particulars hereinafter set out; and WHEREAS, this Council, sitting jointly with the members of the governing bodies of the Town of Vinton and County of Roanoke at a public hearing on the proposed amendments after notice of said public hearing had been published by advertising the proposed amendments and the time and place of said hearing for ten days in a newspaper published in the City of Roanoke, has considered said proposal and has afforded the citizens of the city and all other interested parties an opportunity to be heard on the same, and now concurs in the recommenda- tions made by the aforesaid Committee as hereinafter approved by the Council. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows, viz: ~. That Section 4. Construction and System Extension., of Ordinance No. 22025, adopted January 20, 1975, granting to Roanoke Valley Cablevision, Inc., a certain franchise, for the purposes and for the term and upon the condition: therein stated, be and said Section 4. and all paragraphs and subsections of said section are hereby amended and reordained, to read and provide as follows, namely: ~s Section 4. Construction and System Extension. Within thirty (30) days of the effective date of the ordinance granting this franchise, the Grantee shall diligently commence all efforts to obtain all necessary certificates, licenses, permits and agreements which are required to construct and operate a CATV system in the City. Within ninety (90) days of receipt, of such certificates, licenses, permits and agreements the grantee shall commence construction of the CATV system. a. The Grantee shall construct and make operational the CATV system in accordance with the following schedule, as submitted by the Grantee in its bid for award of a franchise and which is made part of this franchise. 1. Within twelve (12) months following commencement of construction the Grantee shall have constructed and made operational within the City a CATV system of at least 94 street miles in length, such system to make service available to approximately 8,460 housing units. 2. Within twenty-four (24) months following commencement of construction the Grantee shall have constructed and made operational within the City a CATV system of at least 205 street miles in length, such system to make service available to approximately 18,450 housing units. 3. Within thirty-six (36) months following commencement of construction the Grantee shall have made the system fully operational over at least 365 street miles in length and available to approximately 32,850 housing units within the City. 4. Thereafter, the CATV system shall be extended to any area or areas within the City provided that there then exists an average subscriber density of at least thirty-five (35) subscribers per street mile for the length of any such extension and provided, further, that the Grantee may at any time extend service to any point within the City, regardless of customer density, subject to the terms and conditions of this franchise ordinance. For each day of delay of this construction schedule the Grantee shall be obligated to the City in liquidated damages in the amount of $250.00 per day. However, the Grantee shall not be responsible for any failure to meet all or any part of the construction schedule deadlines under this agreement if such failure be due to federal, state, or municipal action, statute, ordinance, or regulation, strike or other labor trouble, act of God, riot or other civil disturbance, inability to secure materials or supplies, or, without limiting the foregoing, be due to any other cause, contingency, or circumstance not subject to its control which prevents or hinders the construction of the CATV system described herein. If construction is delayed or prevented by any of the circumstances set forth hereinabove, the Grantee shall be absolved from liability upon a sufficient showing of the same. Upon a finding by the City after an appropriate public proceeding affording due process of law, that the Grantee is more than six calendar months behind construction schedule due to causes or circumstances which are within the Grantee's control, the City shall be entitled to revoke the franchise. The Grantee shall notify the City in writing not less than fifteen (15) days prior to commencement of construction of the date upon which construction will commence. Thereafter the Grantee shall file tri-monthly reports with the Council, within thirty (30) days after the end of each three months period following commencement of construction, informing the Council of the Grantee's construction progress in the City. Such reports shall state the number of miles of system which have been constructed and made operational in the City during the preceding quarter, the total number of subscribers connected to the system at the end of said preceding quarter, the number of miles to be constructed and made operational during the current quarter and any delays which the Grantee is aware of which could prevent the completion of the system within the alloted period; and b. System extension: Thereafter, the Grantee shall extend the CATV system and make service available to all new dwelling units within the City limits within six (6) months of the date on which such dwelling units may become occupied; provided, however, that there then exists an average subscriber density of at least thirty-five (35) subscribers per street mile for the length of any such extension and provided further, that the Grantee may at any time extend service to any point within the City, regardless of customer density, subject to the terms and conditions of this franchise ordinance. B. That Section 10. Rates and Charges., of aforesaid Ordinance No. 22025, and subsections a. Subscriber Services., and b. Educational Services., of said section are hereby amended and reordained, to read and provide as follows, namely: Section 10. Rates and Charges. a. Subscriber Services The Grantee shall supply adequate and efficient CATV service to customers within the City at reasonable rates; such rates shall not discriminate against any subscriber or potential subscriber nor shall the Grantee grant any special rate or discount to any subscriber or potential subscriber except as may be provided for herein or as may subsequently be authorized by the Council. It is recognized that, under the statutes of the Commonwealth of Virginia, the City is vested with legal authority to establish fees and rates to be charged by the Grantee to its customers. It is also recognized by the Grantee that matters involving service and rate charges and changes thereto are local in their application and effect and that the City, through its City Council, shall be acting within the area of its authority and municipal responsibilities in making inquiries, expressing interest, or adopting position in matters of service and of rate charges or changes of the Grantee. The initial rates to be charged customers by the Grantee shall not exceed: ?0 BASIC SERVICE ae Be Residential Rates: Installation Charges First Set Each additional set Monthly Charges First set - Including converter Each Additional Set - Including Converter Miscellaneous Char~es Reconnect Move to Location With Existing Outlet Move Connection Within Home Home Antenna/CATV System Switch $15.00 $ 7.50 $ 8.50 $ 2.75 $10.00 $10.00 $10.00 At cost of labor and materials Commercial Rates: Installation Char~es Using Existing Master TV System: First set Each Additional Set Where no Master TV System exists: (More than 4 units at one location) Monthl~ Char~es Individual Billing for Each Unit: First Set Per Unit - Including Converter Each Additional Set Per Unit - Including Converter Composite Billing for All Units: First Set Per Unit - Including Converter Each Additional Set Per Unit - Including Converter Miscellaneous Char~es Reconnect (Per Unit) Move Connection Within Unit $15.00 $ 7.50 By negotiation with Building Owner $ 8.50 $ 2.75 $ 7.00 $ 2.50 $10.00 $10.00 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. All 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 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. b. Educational Services The Grantee shall provide, without charge for installation or monthly service, one service drop to each individual public or private school, college or educational facility in the City which may at any time be designated by the City for such service. BE IT FURTHER ORDAINED that the City's costs attendant upon the within amendments, including costs of advertising and of consultant fees 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 Cablevision, Inc., dated the 14th day of February, 1975, to the City of Roanoke, as obligee, shall have consented in writing to the provisions contained in parts A. and B., hereinabove. 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. 23112, amending certain sections of Ordinance No. 22025, adopted January 20, 1975. 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 , 1976: ATTEST: ROANOKE VALLEY CABLEVISION, INC. Secretary By President CONSENT The undersigned, Aetna Casualty and Surety Company, surety, hereby consents to the provisions contained in foregoing Ordinance No. 23112, adopted July 26, 1976, by the Council of the City of Roanoke: AETNA CASUALTY & SURETY COMPANY, In the presence of: By Attorney-in-Fact Approved as to form and execution: City Attorney CERTIFICATE I, Mary F. Parker, City Clerk of the City of Roanoke, Virginia, hereby certify that the above and foregoing is a true, accurate and complete copy of Ordinance No. 23112, amending certain sections of Ordinance No. 22025 granting a franchise to Roanoke Valley Cablevision, Inc., which said Ordinance No. 23112, was duly enacted by said Council on the 26th day of July, 1976, by a recorded affirmative vote of the majority of all the members elected thereto; and of the acceptance by said grantee of the provisions, conditions and limitations contained in said Ordinance No. 23112; and I further certify that the requirements of the laws of the State of Virginia, regulating the grant of franchises, et cetera, by cities and towns, and the requirements of the Charter of the City of Roanoke, were duly complied with. IN TESTIMONY WHEREOF, I have hereunto set my hand as City Clerk of the said City of Roanoke, this ATTEST: City Clerk dayof APPROVED , 1976. Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1976. No. 23125. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: COMMUNITY DEVELOPMENT BLOCK GRANT Gainsboro NDP VA-A6 (1) .................... $700,000.00 Deanwood Road Project (2) .................. 150,000.00 Swimming Pool Facilities (3) ............... 117,000.00 New Southwest Park (4) ..................... 100,000.00 Hurt Park (5) .............................. 130,000.00 Morningside Park (6) ............... 10,000.00 Norwich Community Cen[e~ ~i .. -~---~- -~ 133,000.00 Storm Drainage Facilities (8) .............. 150,000.00 Code Enforcement Public Improvements (9) ... 60,000.00 Home Management for Public Improvements (10) 50,000.00 Management and Program Development (11) .... 37,000.00 Administration (12) ...... ~i ' ' Unspecified Local Op[ion~C~in$~s ~ 3757,000.00000 00 Not previously appropriated (1) Net increase (2) Net increase (3) Net increase (4) Net increase (5) Net increase (6) Net increase (7) Net increase (8) Net increase (9) Net increase (10) Net increase (11) Net increase (12) Net increase (13) Net increase $700,000.00 150,000.00 117,000.00 100,000.00 130,000.00 10,000.00 133,000.00 150,000.00 60,000.00 50,000.00 37,000.00 375,000.00 7,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1976. No. 23126. AN ORDINANCE to amend and reordain certain sections of the Capital Fund of the 1976-77 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 Capital Fund of the 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CAPITAL FUND Highway Construction #A083220 (1) ........ $307,376.10 Downtown Traffic Signals #A083225 (2) .... 220,000.00 Route 24, 13th and Bennington Streets 9A083226 (3) ................ 24th Street #A6~ ~i ~ ~ 786,750.00 . 50,000.00 10th Street #A083228 (5) ................. 7,500.00 13th and 9th Streets 9A083229 (6) ........ 7,500.00 Vinton Mill Road #A083230 (7) ............ 5,500.00 Transfer (1) Net decrease (2) Net increase (3) Net increase (4) Net increase (5) Net increase (6) Net increase (7) Net increase $1,077,250.00 220,000.00 786,750.00 50,000.00 7,500.00 7,500.00 5,500.00 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 July, 1976. No. 23127. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in. part: RADAR 11-P-90145/3-02 9A356501 Contractual Services (1) ............ $26,500.00 Not previously appropriated (1) Net increase $26,500.00 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 July, 1976. No. 23128. A RESOLUTION authorizing the City Manager to enter into agreements with the Office of the Secretary of Human Resources of the Commonwealth of Virginia~ and the Unified Human Services Transportation System (RADAR) which agreements will provide for continuation of a human services delivery system for the Roanoke Valley and for the acceptance of Federal Grant funds provided for that purpose. WHEREAS, the City Manager has recommended to the Council in his report dated July 26, 1976, that he be authorized to enter into agreements with the Office of the Secretary of Human Resources of the Commonwealth of Virginia, and the Unified Human Services Transportation System (RADAR) for the continuation of a human services delivery system for the Roanoke Valley and for the acceptance of Federal funds in the amount of $26,500.00 provided for that purpose by Federal Grant No. 11-P-90145/3-02, provided by the United States Department of Health, Education and Welfare and administered by said Office of the Secretary of Human Resources of the Commonwealth of Virginia. 75 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to enter into agreements, upon form to be approved by the City Attorney, with the Office of the Secretary of Human Resources of the Commonwealth of Virginia, and the Unified Human Services Transportation System (RADAR) which agreements will provide for continuation of a human services delivery system for the Roanoke Valley and for the acceptance of Federal grant funds in the amount of $26,500.00 from Federal Grant No. 11- P-90145/3-02, provided by the United States Department of Health, Education and Welfare for the continuation of said delivery system. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1976. No. 23129. A RESOLUTION concurring in the temporary use of a portion of South Roanoke Park for stockpiling of excavated material by Wiley N. Jackson Co., in connection with the Jefferson Street Bridge project. WHEREAS, in report dated July 26, 1976, the Assistant City Manager has recommended that the request of Wiley N. Jackson Co., for temporary use of a portion of South Roanoke Park for stockpiling of excavated material in connection with the Jefferson Street Bridge Project be granted, in which recommen- dation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council concurs in the temporary use of an unimproved portion of South Roanoke Park adjacent to Wiley Drive, S. W., and the west line of the Norfolk and Western Railway Company's right-of-way for stockpiling of excavated material by Wiley N. Jackson, Co., in connection with construction of the Jefferson Street Bridge project, it to be understood that such use not interfere with recreational areas in said park and that the contractor will provide erosion control at the stockpile and will grade, dress and seed the area as necessary and as required by the City Manager upon completion of the project; and upon further understanding that such use may be ordered terminated at any time at the sole option of the City. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1976. No. 23130. A RESOLUTION authorizing Greater Roanoke Transit Company to arrange a reduction of certain fares in the City on August 13 and 14, 1976. WHEREAS, Greater Roanoke Transit Company, owner and operator of the Valley Metro bus transportation system in the City, and desiring to promote its own business and that of commercial institutions and establishments in the downtown area of the City, has proposed to enter into agreement with Downtown Roanoke Incorporated, agreeing to permit merchants in the downtown area to offer customers on August 13 and 14, 1976, free bus rides by distribution of coupons to be accepted by Valley Metro as a payment of a passenger fare and to be later paid for by Downtown Roanoke Incorporated to Valley Metro at the rate of $.15 per coupon accepted by Valley Metro drivers on those two days; and WHEREAS, this Council, having authority under subsection 12 of section 2 of the City Charter to regulate the fares and rates charged by buses, cabs and other vehicles carrying passengers in the City, considers the proposal to be to the best interests of the citizens and of commercial interests in the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that authority be a:~d is given Greater Roanoke Transit Company to arrange that autho- rized coupons be accepted by drivers of its Valley Metro bus transportation sys- tem in payment of fares otherwise charged passengers in the City using its passenger buses on August 13 and 14, 1976, in conjunction with efforts to be made by Downtown Roanoke Incorporated on said days to promote and stimulate business and commercial interests in the downtown area of the City, Downtown Roanoke Incorporated first to agree in writing with Greater Roanoke Transit Company or with the duly authorized manager or operator of its transportation system to later reimburse Greater Roanoke Transit Company at the rate of $.15 per coupon for each fare paid by such coupon on the aforesaid two days. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1976. No. 23132. AN ORDINANCE to amend and reordain.certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION #1669 Salaries and Wages (1) ................. $1,031,381.00 POLICE DEPARTMENT #1345 Salaries and Wages (2) ................. 2,491,437.00 FIRE DEPARTMENT #1347 Salaries and Wages (3) ................. 2,752,906.00 (1) Net decrease $ 42,423.98 (2) Net decrease 91,466.04 (3) Net decrease 106,841.86 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1976. No. 23133. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION %1669 Salaries and Wages (1) .................. $1,073,804.98 POLICE DEPARTMENT %1345 Salaries and Wages (2) .................. 2,582,903.04 FIRE DEPARTMENT %1347 Salaries and Wages (3) .................. 2,859,747.86 REVENUE SHARING TRUST FUND (4) ............... 106,069.00 (1) Net increase (2) Net increase (3) Net increase (4) Net decrease $ 42,423.98 91,466.04 106,841.86 240,731.88 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: ~~ APPROVED 78 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1976. No. 23134. A RESOLUTION withdrawing the City's objection and protest to certain salaries, expenses and other allowances tentatively fixed by the State Compen- sation Board for the constitutional offices of the City. and further withdrawing a request for a hearing to determine the merits of such protest and objection. WHEREAS, the Council has heretofore, by Resolution No. 23058, adopted June 28, 1976, noted an objection and protest to the salaries, expenses and other allowances tentatively fixed by the State Compensation Board for the con- stitutional offices of the City and has requested a hearing to determine the merits of such objection and protest as made and provided by law. WHEREAS, the Council has now determined that such objection and protest and the request for hearing should be withdrawn. .... THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it does hereby withdraw its objection and protest to the salaries, expenses and other allowances fixed, for the constitutional offices, by the State Compensa- tion Board for fiscal year 1976-1977 on June 14, 1976, and does further with- draw its request for a hearing before the State Compensation Board to determine the merits of such objection and protest. BE IT FURTHER RESOLVED that the City Clerk be and she hereby is directed to forthwith forward an attested copy of this resolution to the State Compensa- tion Board in Richmond, Virginia. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1976. No. 23135. A RESOLUTION expressing the intent of Council to grant to the United States of America, for use by the Federal Aviation Administration, certain rights-of-entry upon certain properties proposed to be hereafter acquired or leased by the City. WHEREAS, the Assistant City Manager by report, made to the City Council dated July 19, 1976, concurred in by the Airport Advisory Commission, has advised the Council that the Federal Aviation Administration has requested expression of the intent of the Council to grant to the Federal Aviation Admin- istration certain rights-of-entry upon certain properties now proposed to be acquired or leased by the City in relation to the installation of a Localizer Directional Aid System and Runway Alignment Indicator Lights at the end of Runway 33 at Roanoke Municipal Airport, Woodrum Field, upon later the acquisi- tion of such property rights by the City; and the Assistant City Manager recom- mends that the Council so advise the Federal Aviation Administration; and WHEREAS, the Council concurs in the recommendation of the Assistant City Manager and the Airport Advisory Commission. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it is the intent of the Council to grant to the United States of America, Federal Aviation Administration, rights-of-entry for the purposes of construction of certain light lane, missed-approach-point marker, outer marker, non-directional beacon and approach zone clearing avigational aids and facilities for Roanoke Municipal Airport, Woodrum Field, over and upon those certain parcels of real estate more particularly described as follows: (1) 0.21 acre and a certain right-of-way being the property of St. Elias Catholic Church, (2) .01 acre and a certain right-of-way being the property of the City of Salem, (3) .23 acre and a certain right-of-way being the property of Mrs. Helen Richards, (4) Certain land being the property of Jerry Garst, the exact acreage of which is presently being determined, (5) Land within the right-of-way of Interstate 581, (6) Six vacant lots being the property of Arrow Wood Country Club, such rights-of-entry to be granted to the Federal Aviation Administration upon the City's later acquisition or lease of the aforesaid real estate or rights therein, and the determination that such rights acquired by the City are sufficient to enable the City to grant such rights-of-entry to the Government and its'Federal Aviation Administration. BE IT FURTHER RESOLVED that the City Clerk forthwith transmit an atteste~ copy of this resolution to Mr. Daniel F. Redding, Contracting Officer, Depart- ment of Transportation, Federal Aviation Administration, Eastern Region, Federal Building, John F. Kennedy International Airport, Jamaica, New York, 11430. ATTEST: City Clerk APPROVED Mayor 80 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1976. No. 23136. AN ORDINANCE to amend and reordain Section #0407, "Assessment of Real Estate," of the 1976-77 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 #0407, "Assessment of Real Estate," of the 1976-77 Appropriation Ordinance!i be, and the same is hereby, amended and reordained to read as follows, in part: ASSESSMENT OF REAL ESTATE #0407 Other Services and Charges (1) ....... $21,700.00 Not previously appropriated (1) Net increase $400.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1976. No. 23137. A RESOLUTION relating to the employment of legal counsel to represent employees of the City of Roanoke in certain pending litigation. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and is hereby authorized to employ, at a cost not to exceed the sum of $5,000, legal counsel to represent Byron E. Haner, City Manager, Sam H. McGhee, III, Assistant City Manager, and William L. Brogan, Municipal Auditor, employees of the City, in matters of pending litigation brought against said employees, by John A. Newson. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1976. No. 23138. AN ORDINANCE to amend and reordain Section #0201, "City Manager," of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ATTEST: CITY MANAGER #0201 Other Services and Charges (1) .......... $6,350.00 (1) Net increase $5,000.00 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 2nd day of August, 1976. No. 23115. AN ORDINANCE approving and ordering made permanent, a vehicular traffic diversion facility on Windsor Avenue, S. W., in the City, by permanent barricade from curb to curb across Windsor Avenue, S. W., at or near the west line of Grace Street, S. W. WHEREAS, the City Planning Commission, after holding public hearings, rect mended to the Council by report dated June 21, 1976, that the temporary barrier across Windsor Avenue, S. W., at or near the west line of Grace Street, S. W., be made a permanent barricade in order to reduce speeding and the frequency of acci- dents; improve safety for children and adults; and reduce the traffic volume along Windsor Avenue, S. W.; and WHEREAS, after due publication of written notice in a newspaper having general circulation in the City more than fifteen days prior to the holding of a public hearing on the question, a public hearing was held before the Council on July 26, 1976, aforesaid, at which public hearing all persons in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, this Council, pursuant to Sec. 45. Laying out of streets, of th~ City Charter, has the power by ordinance to make and enforce rules, regulations and provisions for the laying out of its streets, alleys, and public ways; and this Council, after considering the evidence as herein provided, WHEREAS, is of the opinion that the temporary barrier across Windsor Avenue, S. W., at or near the west line of Grace Street, S. W., should be made a permanent barricade, as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized and directed, through the person of the Director of Public Works, to erect a permanent barricade across Windsor Avenue, S. W., which permanent barricade is shown on a site plan on file in the Office of the City Clerk. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23116. 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. 222, Sectional 1966 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 in the 1500 block of Melrose Avenue, N. W., described as Lots 9, 10, 11, 12, 13 and 14, Melrose Land Company Map, Official Tax No. 2221709, rezoned from RG-1, General Residential District, to C-l, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that the hereinaft~ described land be rezoned from RG-1, General Residential District, to C-l, 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 26th day of July, 1976, 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. r 8¸3 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. 222, of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on the 1500 block of Melrose Avenue, N. W., described as Lots 9, 10, 11, 12, 13 and 14, Block 41, Melrose Land Company Map, designated on Sheet No. 222 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 2221709, be, and is hereby changed from RG-1, General Residential District, to C-l, Office and Institutional District, and that Sheet No. 222 of the aforesaid map be changed in this respect. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23117. 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. 222, Sectional 1966 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 at 1705 and 1711 Melrose Avenue, N. W., described as Lots 14 and 15, Block 57, Melrose Land Company, and being Official Tax Nos. 2221514 and 2221515, rezoned from C-l, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from C-l, 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 26th day of July, 1976, 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. 222 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located at 1705 and 1711 Melrose Avenue, N. W., described as Lots 14 and 15, Block 57, Melrose Land Company, designated on Sheet 222 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2221514 and 2221515, be and is hereby, changed from C-l, Office and Institutional District, to C-2, General Commercial District, and that Sheet No. 222 of the aforesaid map be changed in this respect. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23118. AN ORDINANCE permanently vacating, discontinuing and closing those alleys lying on the west side of 29th Street, N. W., located in Block 2, of the Horton Place Subdivision Map, lying between Lots 6 and 7, and between Lots 8 and 9, and between Lots 10 and 11, and between Lots 12 and 13, in the City of Roanoke, Virginia; and WHEREAS, Forest Park Baptist Church, through its Trustees, has hereto- fore filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close certain alleys on the west side of 29th Street, N. W., located in Block 2, of the Horton Place Subdivision Map, said alleys being more particularly described hereinafter; and WHEREAS, Forest Park Baptist Church did, on May 19, 1976, duly and legally publish a notice of its application to the Council by posting a copy of the notice at the front door of the Courthouse in the City of Roanoke, Virginia, (Campbell Avenue entrance), at the Market House, (Campbell Avenue entrance and Salem Avenue entrance), 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 the 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. 22951, dated June 1, 1976, to view said alleyways and to report in writing whether or not in their opinion any inconvenience would result from vacating, discontinuing and closing the said alleys hereinafter described; and WHEREAS, it appearing from the written report of viewers dated June 23, 1976, and filed with the City Clerk on July 2, 1976, that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing permanently said alleys; and WHEREAS, Council at its meeting on June 1, 1976, referred said applica- tion to the City Planning Commission, which Commission by its report filed with the City Clerk on June 21, 1976, recommended that said alleys be permanently vacated, discontinued and closed, subject to the City of Roanoke retaining a storm drainage easement acceptable to the Roanoke City Engineer; and WHEREAS, by letter dated June 30, 1976, filed with the City Clerk on July 2, 1976, the Roanoke City Engineer has recommended retention of a storm drain easement in the alleyway lying between Lots 8 and 9, Block 2, of Horton Place Map; and WHEREAS, Alvin V. Lingenfelter and Loretta R. Lingenfelter, owners of Lot 6, Block 2, according to the Horton Place Subdivision Map, located at 720 29th Street, N. W., in the City of Roanoke, Virginia, have filed their request and consent as abutting landowners for the closing of the said alleyway, more fully hereinafter described, between Lots 6 and 7, Block 2, Horton Place Map; and WHEREAS, from all the foregoing, the Council considers that no incon- venience will result to any individual or to the public from permanently vacating, discontinuing and closing the said alleyways hereinafter described as applied for by Forest Park Baptist Church and further requested in part by Alvin V. Lingenfelter and Loretta R. Lingenfelter and as recommended by the City Planning Commission, providing that a storm drain easement is retained as outlined by the City Engineer. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the said four alleyways, being 10 feet wide and 165 feet in length, lying on the west side of 29th Street, N. W., in the City of Roanoke, located in Block 2, of the Horton Place Subdivision Map, and lying between Lots 6 and 7, having Roanoke City Official Tax Nos. 2420118 and 2420117, respectively, and between Lots 8 and 9, having Roanoke City Official Tax Nos. 2420116 and 2420115, respectively, and between Lots 10 and 11, having Roanoke City Official Tax Nos. 2420114 and 2420113, respectively, and between Lots 12 and 13, having Roanoke City Official Tax Nos. 2420112 and 2420111, respectively, be, and they hereby are, permanently vacated, discontinued and closed as public 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, unto the City of Roanoke a storm drain easement with the right of ingress and egress thereto in and through the said alley, being 10 feet wide and 165 feet long, lying between Lots 8 and 9, Block 2, of the Horton Place Subdivision Map, and being Roanoke City Official Tax Nos. 2420116 and 2420115, respectively. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on the 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 City of Roanoke, Virginia, 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 in order that the Clerk of said Court may make proper notation of all maps or plats recorded in his office upon which are shown said alleyways and that if requested by any party in interest, he may record the same 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 Forest Park Baptist Church as to the alleys between Lots 8 and 9, Lots 10 and 11, Lots 12 and 13, and the northerly 5 feet of the alley between Lots 6 and 7, the southerly 5 feet of the alley between Lots 6 and 7 becoming a part of said Lot 6 owned by the abutting land- owners, Alvin V. Lingenfelter and Loretta R. Lingenfelter. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23119. 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. 121, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have 1306 to 1330 Patterson Avenue, S.W., inclusive, described as Lots 2 to 8, inclusive, Block 11, West End and River View Map, Official Tax Nos. 1213401 to 1213406, inclusive, rezoned from RG-2, General Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RG-2, General 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 26th day of July, 1976, at 7:30 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council after considering the aforesaid application, the recommendations made to the Council and matters presented at the public hearing, is of the opinion that the hereinafter described land should be rezoned as herein provided. 87 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. 121 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on 1306 to 1330 Patterson Avenue, S. W., inclusive, described as Lots 2 to 8, inclusive, Block 11, West End and River View Map, Official Tax Nos. 1213401 to 1213406, inclusive, designated on Sheet 121 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 1213401 to 1213406, be, and is hereby, changed from RG-2, General Residential District, to C-2, General Commercial District, and that Sheet No. 121 of the aforesaid map be changed in this respect. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23120. 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. 404, Sectional 1966 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: Located in the 1200 Block of Laurel Street, S.E., described as Lot 15, Plat of Hillhurst Lots, Official Tax No. 4040901, rezoned from RS-3, Single-Family Residential District, to RD, Duplex Residential District; and WHEREAS, the City Planning Commission has recommended that the hereinafte described land be rezoned from RS-3, Single-Family Residential District, to RD, Duplex 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 26th day of July, 1976, 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. 404 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the followinq particular and no other, viz: '88 Property located in the 1200 Block of Laurel Street, S. E., described as Lot 15, Plat of ~illhurst Lots, Official Tax No. 4040901, designated on Sheet No. 404 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 4040901, be, and is hereby, changed from RS-3, Single-Family Residential District, to RD, Duplex Residential District, and that Sheet No. 404 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23121. 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. 721, Sectional 1966 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 property in the City of Roanoke hereinafter described as "PARCEL A" rezoned from Single Family Residential District, R-3, to Light Manufacturing District, LM; and to have the property in said City hereinafter described as "PARCEL B" rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the 150.00 acre parcel herein described as "PARCEL A" be rezoned from Single Family Residen- tial District, R-3, to Light Manufacturing District, LM, and that the 62.76 acre parcel hereinafter described as "PARCEL B" be rezoned from RS-3, Single Family 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 26th day of July, 1976, at 7:30 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendatiOns made to the Council and matters presented at the public hearing, is of the opinion that the hereinafter described parcels of land should be rezoned as herein provided. 89 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. 721 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: 1. That the property located in the City on the northerly side of U.S. Route No. 460, described as follows: "PARCEL A" STARTING at a point on the northerly side of U. S. Route 460, which point constitutes the easterly boundary of the Roanoke City corporate limits and the westerly boundary of Roanoke County as established on January 1, 1976; thence S. 84 deg. 00' W. 490 feet to a point; thence N. 44 deg. 00' W. 245.5 feet to a point, the actual place of BEGINNING; thence S. 46 deg. 43 thence N. 42 deg. 36 thence S. 31 deg. 49 thence N. 33 deg. 15 thence N. 19 deg. 44 thence N. 36 deg. 07 thence N. 59 deg. 11 51" W. 1824.33 feet to a point; 32" W. 394.60 feet to a point; 31" W. 1776.42 feet to a point; 22" W. 1217.30 feet to a point; 38" E. 2903.78 feet to a point; 52" W. 511.50 feet to a point; 10" E. 561.0 feet to a point on the Roanoke City-Roanoke County line; thence with the easterly line of the Roanoke City corporate limits and the westerly line of Roanoke County S. 46 deg. 26' 09" E. 1848.80 feet to a point; thence still with the Roanoke City-Roanoke County line S. 44 deg. 00' E. 1435.13 feet to the place of BEGINNING, and containing 150.11 acres, more or less, designated on Sheet 721 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 7210101, be, and is hereby, changed from Single Family Residen- tial District, R-3, to Light Manufacturing District, LM, and that Sheet No. 721 of the aforesaid map be changed in this respect; and 2. That the property located in said City on the northerly side of U. S. Route No. 460, described as follows~ "PARCEL B" BEGINNING at a point on the northerly line of U. S. Route 460 at the common corner of a 16.8 acre parcel owned by Lula Virginia Gish and a 16.8 acre parcel owned by Roby H. Patrick and which said point lies S. 37 deg. 35' W. 299.70 feet and S. 40 deg. 43' W. 618.0 feet from the easterly corporate limits of the City of Roanoke as established on January 1, 1976; thence with the northerly right-of-way line of U. S. Route 460 the following courses and distances: S. 40 deg. 43' W. 954.0 feet; thence S. 34 deg. 25' 13" W. 248.98 feet; thence across the southerly terminus of a 50 foot road right-of-way S. 30 deg. 00' W. approximately 100 feet; thence S. 29 deg. 30' 42" W. 412.40 feet; thence N. 60 deg. 29' 20" W. 12.0 feet; thence S. 29 deg. 30' 42" W. 348.80 feet to a point; thence leaving U. S. Route #460 N. 59 deg. 19' 28" W. 295.93 feet; thence S. 48 deg. 32' 04" W. 472.0 feet; thence S. 29 deg. 29' 27" W. 122.30 feet to a point on the easterly boundary of Statesman Industrial Park; thence N. 67 deg. 37' 27" W. 148.94 feet; thence N. 33 deg. 15' 22" W. 716.20 feet to a point; thence with the southerly boundary of the 150.00 acre parcel of Thomas H. Beasley, Jr., et al. N. 31 deg. 49' 31" E. 1776.42 feet; thence S. 42 deg. 36' 32" E. 394.60 feet to a point; thence N. 46 deg. 43' 51" E. 843.3 feet to a point; thence S. 49 deg. 17' E. 765.0 feet to the place of BEGINNING on the northerly side of U. S. Route 460, containing 62.76 acres, designated on Sheet 721 of the Sectional 1966 Zone Map, City of Roanoke, as Officia Tax Nos. 7150101, 7150102 and 7160101, be, and is hereby, changed from RS-3, Single Family Residential District, to C-2, General Commercial District, and that Sheet No. 721 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23122. AN ORDINANCE permanently vacating, discontinuing and closing a portion of Madison Avenue, approximately 50 feet in width, extending from its intersec- tion with the easterly line of Fifth Street, N. W., in an easterly direction to its intersection with a proposed cul-de-sac, in the City of Roanoke, Virginia, all of 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 the Council to permanently vacate, discontinue and close a portion of the aforesaid street, which is more particular- ly described hereinafter; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority did on May 6, 1976, 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 311 Second Street, S. E., all of which is verified by affidavit of the City Sheriff appended to the application; and W~REAS, more than ten days ~avin~' expired since the publication of the notice of said application, in accordance with the prayers of said applica- tion and the provisions of Section 15.1-364 of the Code of Virginia, as amended, viewers were appointed by the Council by Resolution No. 22936, dated May 24, 1976, to view said street portion and to report in writing whether or not in their opinion any inconvenience would result from formally vacating, discontinu- ing and closing said portion of the street; and WHEREAS, it appearing from the written report of the viewers dated June 22, 1976, and filed with the City Clerk on July 16, 1976, that no incon- venience would result either to any individual or to the public from vacating, discontinuing and closing permanently said street portion; and WHEREAS, Council at its meeting on May 24, 1976, 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 June 21, 1976, recommended that the requested street closing be approved; and WHEREAS, public hearing was held on said application before the Council at its regular monthly meeting on July 26, 1976, 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 closing, along said street, have been properly notified; and WHEREAS, from all the foregoing, the Council considers that no incon- venience will result to any individual or to the public from permanently vacating, discontinuing and closing said street portion, 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 the portion of Madison Avenue, approximately 50 feet in width, extending from its intersection with the easterly line of Fifth Street, N. W., in an easterly direction to its intersection with a proposed new cul-de-sac to be constructed, which is more particularly described as follows: BEGINNING at a point on the east line of Fifth Street, N. W., said point being 20.00' north of the intersection of the east line of Fifth Street, N. W., with the north line of Madison Avenue, N. W.; thence with the north line of Madison Avenue, N. W. on a curve to the left having a radius of 20.00' and a chord bearing S. 29 deg. 38' 44" E. 31.42' to a point; thence S. 74 deg. 38' 44" E. 129.52' to a point; thence crossing Madison Avenue, N. W. on a curve to the left having a radius of 50.00' and a chord bearing S. 29 deg. 38' 44" E. 78.54' to a point on the south line of Madison Avenue, N. W.; thence with the south line of Madison Avenue, N. W., N. 74 deg. 38' 44" W. 179.52' to a point; thence on a curve to the left having a radius of 20.00' and a chord bearing S. 60 deg. 21' 16" W. 31.42' to a point on the east line of Fifth Street, N. W.; thence with the east line of Fifth Street, N. W., N. 15 deg. 21' 16" E. 90.00' to the POINT OF BEGINNING. be, and it hereby is, permanently vacated, discontinued and closed as a public street; 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 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 on all maps and plats on file in his office on which said street portion is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance in order that the Clerk of said court may make proper notation on all maps and plats recorded in his office upon which are shown said street portion and that if requested by any party in interest, he may record the same 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 the City of Roanoke Redevelopment and Housing Authority, 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 2nd day of August, 1976. No. 23123. AN ORDINANCE amending Section 2, of Chapter 4.1, of Title XV, of the Code of the City of Roanoke, 1956, as amended, providing for zoning classifications for an area in the southwestern quadrant of the City, which area was annexed by the City of Roanoke as of midnight, December 31, 1975, and incorporating said area into the Official 1966 Zoning Map of the City of Roanoke. WHEREAS, the City Planning Commission, after holding a public hearing, on its own motion directed to and recommended for the Council's consideration the amendments of district zoning regulations hereinafter set out and provided; and WHEREAS, pursuant to the provisions of Sec. 70 and Sec. 71, Chapter 4.1, of Title XV of the Code of the City of Roanoke, 1956, as amended, and after due publication of written notice in a newspaper having general circulation in the City more than fifteen days prior to the holding of a public hearing on the question, a public hearing was held before the Council on the 26th day of July, 1976, in accordance with said notice, on the recommendation of the Planning Commission, aforesaid, at which public hearing all persons in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, this Council, after considering the evidence as herein provided is of the opinion that the hereinafter described land should be reclassified. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. tion 2, of Chapter 4.1, of Title XV, of the Code of the City of Roanoke, 1956, as amended, be amended in the following particulars and no other, viz: That area bounded on the north by Norfolk and Western Railway property, on the east by the City's January 1, 1968 Corporate Limit line, on the south by a line following Virginia Route 712 and a northwesterly exten- sion of that line for a distance of approximately 200 feet from the intersection of Virginia Route 712 and Westland Road, S. W., to a point, and on the west by a line extending northeasterly from said point for a distance of approximately 400 feet to the aforesaid Norfolk and Western Railway property. (a) Official Nos. 5210503, 5210402, 5210501, 5210502, 5210512 and 5210513 in the abovedescribed area are hereby reclassified from RS-1 Single Family Residential District, to LM-Light Manufacturing District. (b) All of the remaining property in the abovedescribed ~ area is hereby reclassified from RS-1 Single Family Residential District, to RS-3 Single Family Residential District. All of these zoning classifications are shown on the aforesaid map on file in the Office of the City's Planning Department and the area incorporating the zoning classifications is incorporated into the Official 1966 Zoning Map of the City of Roanoke. ATTEST: City Clerk APPROVED Mayor 93¸ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23124. AN ORDINANCE permanently vacating, discontinuing and closing that certain street now dedicated as a proposed extension of Dudding Street, S. W., a certain unnamed street bordering the northern boundary of Woodrow Wilson Junior High School and an alley, as shown on Plan No. 5530, prepared under date of July 9, 1976, in the office of the City Engineer, Roanoke, Virginia, showing the vaca- tion of said streets and alley, a copy of which plan is on file in the office of the City Clerk. WHEREAS, the Council has heretofore, upon the recommendation of the City'~ Planning COmmission, by Resolution No. 23077, proposed to permanently close, vacate, and discontinue the streets and alley hereinafter described, and appoint- ed viewers to view said streets and alley and to report to the Council as pro- vided by law; and WHEREAS, Messrs. L. Elwood Norris, Edward H. Brewer, Jr., and Harold W. Harris, Jr., three of the viewers heretofore appointed as aforesaid, after making oath that they would faithfully and impartially discharge their duties as viewers, have taken a view of said streets and alley and have reported to the Council in writing under date of July 13, 1976, that in their opinion no incon- venience would result, either to any individual or to the public, from permanent- ly vacating, closing and discontinuing said streets and alley; and the City's Planning Commission has recommended to the Council in writing that said street be permanently vacated, closed, and discontinued; and WHEREAS, at a public hearing on the question of the closing of said street held at the Council meeting on the 26th day of July, 1976, at 7:30 p.m., in the Council Chambers, after due and timely notice of such public hearing published in a local newspaper, no person appeared in opposition to the closing of the same as hereinafter provided; and WHEREAS, the Council is, itself, of opinion that no inconvenience would result, either to any individual or to the public, from permanently vacating, closing, and discontinuing that portion of the streets and alley described in the aforesaid resolution and in said Report of Viewers and hereinafter described, and that the same should be permanently vacated, closed, and discontinued as public streets and alley, the fee simple title to which will revert to the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following described area being located in the City of Roanoke comprised of a certain street now composed of a proposed extension of Dudding Street, S. W., a certain unnamed street bordering the northern boundary of Woodrow Wilson Junior High School and an alley; to-wit: Starting at a point (A) on the north side of Sherwood Avenue, S. W., said point being the corner of Lots 3 and 4, Block 14 of Raleigh Court Corporation Map as recorded in Deed Book 466, at page 422; in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia; thence, S. 73 deg. 39' W., 100 feet to the actual place of BEGINNING (B); thence, S. 16 deg. 21' E., 37.45 feet to a point (C); thence, N. 76 deg. 58' W., 195.31 feet to a point (D); thence, N. 12 deg. 47' E., 347.93 feet to a point (E); thence, S. 16 deg. 21' E., 102.70 feet to a point (F); thence, S. 12 deg. 47' W., 111.78 feet to a point (G); thence, N. 73 deg. 39' E., 54.42 feet to a point (H); thence, S. 16 deg. 21' E., 12.00 feet to a point (J); thence, S. 73° 39' W., 61.11 feet to a point (K); thence, S. 4 deg. 29' W., 83.85 feet to a point (L); thence, S. 76 deg. 58' E., 105.27 feet to a point (M); thence, S. 16 deg. 21' E., 19.93 feet to the place of BEGINNING (B), and containing .53 acre, more or less, and being shown in detail on Plan No. 5530 prepared under date of July 9, 1976, in the Office of the City Engineer, Roanoke, Virginia, a copy of which is attached hereto and made a part hereof, be, and is hereby permanently VACATED, DISCONTINUED and CLOSED as public streets and alley, and that all right, title and interest of the public in general in and to such portion of said streets and alley as public street thoroughfares of the City, is hereby terminated and released insofar as this Council is empowered so to do. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directl to mark "permanently vacated, discontinued, and closed" those streets and alley comprising the area herein vacated on all maps and plats in this office, refer- ring to the book and page of resolutions and ordinances of the Council of the City of Roanoke wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk forthwith deliver to the Clerk of the Circuit Court of the City of Roanoke an attested copy of this ordinance in order that the same be recorded in said lastmentioned Clerk's Office and be spread in the current deed book therein, proper notice to be made on all maps and plats recorded in said Clerk's Office upon which are shown the streets and alley herein vacated to be permanently vacated, discontinued and closed. BE IT FURTHER ORDAINED that the Council, pursuant to Section 15.1-364 of the 1950 Code of Virginia, as amended, doth hereby authorize and direct the City's payment of $35.00 to each of the following named viewers who have acted in this matter in payment for their services, viz: L. Elwood Norris, Edward H. Brewer, Jr., and Harold W. Harris, Jr.; the Council, further does hereby express its appreciation to the aforesaid viewers for their services in this regard. APPROVED ATTEST: City Clerk Mayor ~d IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23131. AN ORDINANCE directing and providing for the holding of an election in the City of Roanoke, Virginia, on the 2nd day of November, 1976, to determine whether the qualified voters of the City of Roanoke approve amendments to the Roanoke Charter of 1952, as amended, to become effective January 1, 1978, so as to abolish the offices of city treasurer and commissioner of revenue as elective offices under the Charter of said City and so as to transfer the duties of those offices, as they pertain to the revenues of the City, to the office of the Director of Finance under the City government. WHEREAS, the Council deems it necessary for the usual daily operation of the municipal government that provision be made for holding a referendum amongst the qualified voters of the City, as provided by Section 4, Article VII, Constitution of Virginia, and Sections 15.1-834 and 24.1-165, 1950 Code of Virginia, as amended, to determine whether or not said voters would approve amendments to the Roanoke Charter of 1952, as amended, so as to abolish the offices of the treasurer and commissioner of revenue as elective offices under the Charter of said City and to transfer the duties of those offices, including the assessment and collection of local taxes, as they pertain to the revenues of the City, to a single office or department under the City government, so that all financial operations of the City be combined into one department of the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. A special election shall be held in the City of Roanoke on the 2nd day of November, 1976, to determine whether the qualified voters of the City approve the proposition that the Roanoke Charter of 1952, as amended, be amended, effective January 1, 1978, so as to abolish the office of the city treasurer and the office of the commissioner of revenue as elective offices under the Charter of said City and so as to provide for transfer of the duties of those offices, as they pertain to the revenues of the City, to the office of the Director of Finance under the City government, so that all financial operations of the City, including the assessment and collection of local taxes, be combined into one office or department of the City. 2. The officers of election hereinafter designated are hereby directed to open polls at the several voting places in the City of Roanoke on the 2nd day of November, 1976, for the purpose of submitting said question for approval of the qualified voters of the City of Roanoke. 3. The Secretary of the Electoral Board of the City of Roanoke 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 said 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. 4. The judges and clerks for the several voting precincts in the City of Roanoke 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. 5. The Electoral Board of the City of Roanoke shall forthwith and not less than ten days prior to the date of the election herein provided for have printed proper ballots to be voted at said election, and such ballots shall be in the following form: CITY OF ROANOKE REFERENDUM OF November 2, 1976 QUESTION: Shall the Roanoke Charter of 1952, as amended, be amended, effective January 1, 1978, so as to abolish the office of the city treasurer and the office of the commissioner of revenue as elective offices under the Charter of said City and so as to provide for transfer of the duties of those offices, as they pertain to the revenues of said city, to the office of the Director of Finance under the City government, so that all financial opera- tions of the City, including the assessment and collection of local taxes, be combined into one office or depar~ent of the City? 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, of the 1950 Code of Virginia, 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. Said election shall be conducted in the manner prescribed by law for the conduct of special elections. 8. 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 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 City 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 space of twelve months thereafter without the order of the Council. BE IT FURTHER ORDAINED that attested copies of this ordinance be transmitted by the City Clerk to the Chairman and to the Secretary of the Electoral Board of the City of Roanoke and to the State Board of Elections. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23139. A RESOLUTION providing for the appointment of three viewers in connection with the application of Glenn Durwood Cunningham, Allie LaRue Kinley, and Squire James Kinley to permanently vacate that alley more particularly described below and appearing on the Map of Cundiff Addition recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Plat Book 1, page 183. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, that the petitioners have filed with this body their application to vacate the alley described as follows: From the westerly side of Munford Avenue, S. E., along the northerly boundary of Lot 11, Section 1, Map of Cundiff Addition, N. 59 deg. 05' W. 80.98 feet to a 10' alley; thence with the easterly line of said 10' alley extended, N. 15 deg. 30' W. to a point on the southeasterly corner of Lot 9, Section 1, Map of Cundiff Addition; thence along the southern boundary of Lots 9 and 10, Section 1, Cundiff Addition, S. 59 deg. 05' E. 89.62 feet to a point in the western side of Munford Avenue, the southeasterly corner of Lot 10, Section 1, Cundiff Addition; thence along the western side of Munford Avenue, 10 feet to the place of beginning; as shown on the Map of Cundiff Addition which is appended hereto and marked in red. WHEREAS, it appearing to Council, from the affidavit of a deputy sheriff for the City of Roanoke, that notice of the intended application was duly given as required by Virginia Code Section 15.1-364 by posting notices thereof at the front door of the Courthouse of the Circuit Court for the City of Roanoke (Campbell Avenue entrance), at the Roanoke City Market House (Salem Avenue entrance and Campbell Avenue entrance), these being public places in the City of Roanoke. WHEREAS, it appearing to Council that ten days have elapsed since the posting of said notices and Council has considered said application to vacate the alley hereinabove described; and WHEREAS, the petitioners have requested that three viewers be appointed to view the alley herein respectfully sought to be vacated and that said viewers report in writing to Council as required by Virginia Code Section 15.1-364. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. R. Lee Mastin, George W. Overby, and C. F. Kefauver be, and they hereby are, appointed as viewers to view the aforesaid alley and report in writing, pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, whether in their opinion any, and if any, what incon- venience would result from discontinuing the said alley. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23140. AN ORDINANCE to amend and reordain Section #1810, "Employee Ben,fits," of the 1976-77 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 #1810, "Employee Benefits," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: EMPLOYEE BENEFITS ~1810 Fringe Benefits (1) ............... $3,100,906.00 Not previously appropriated (1) Net increase $3,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance ATTEST: shall be in effect from its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23141. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: SHERIFF'S TRAINING GRANT 9A357482 Fees for Professional Services (1) ........ $9,000.00 Education Transportation and Per Diem (2) ............................. 980.00 Supplies and Materials (3) ............... 3,000.00 Not previously appropriated (1) Net increase (2) Net increase (3) Net increase $9,000.00 980.00 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 2nd day of August, 1976. No. 23142. AN ORDINANCE to amend and reordain Section 90714, "Sheriff," of the 1976-77 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 90714, "Sheriff," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SHERIFF 90714 Local Cash Match (1) ................. $651.00 Not previously appropriated (1) Net increase $651.00 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 2nd day of August, 1976. No. 23143. 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 purpose of providing training for personnel in the City Sheriff's Department. WHEREAS, pursuant to prior authority of this Council, there has been filed on behalf of the City with the Division of Justice and Crime Prevention an application for action grant awards of Federal funds pursuant to the Law Enforcement Assistance Act; and WHEREAS, the Division of Justice and Crime Prevention has awarded funds to the City pursuant to Grant No. 76-A3538 for providing training for personnel in the City Sheriff's Department subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and WHEREAS, the City Manager recommends to the Council that Grant No. 76-A3538 be accepted upon such special conditions aforesaid, in which recommendatio the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Byron E. Haner, 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. 76-A3538 for Federal Funds in the amount of $12,330.00, to be used along with certain local funds to provide training for personnel in the City Sheriff's Department. 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 such project. APPROVED ATTEST: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23144. AN ORDINANCE to amend and reordain Section ~1540, "Title XX, Services," of the 1976-77 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. 1,0'I. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that Section #1540, "Title XX, Services," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TITLE XX - SERVICES #1540 Protective Service for Adults (1) ...... $ 6,023.40 Day Care for Children Developmentally Disabled (2) ................. ____ _ ___ . 8,664.30 Day Care for Adults Developmentally Disabled (3) ............. .___________ 9,768.55 Training to Maximize Independence'fOr Adults and Children (4) ............... 11,812.45 Not previously appropriated (1) Net increase (2) Net increase (3) Net increase (4) Net increase $ 6,023.40 8,664.30 9,768.55 11,812.45 BE IT FURTHER ORDAINED that, an emergency existing, 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 August, 1976. No. 23145. AN ORDINANCE to amend and reordain Section 91855, "Transfers to Other Funds," of the 1976-77 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 91855, "Transfers to Other Funds," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO OTHER FUNDS 91855 CAPITAL PROJECTS FUND Whitmore Street Storm Drain (1) ...... $ 15,470.77 Highway Construction Fund (2) ........ 1,314,601.88 South Jefferson Street Bridge (3) .... 572,122.35 Transfer (1) Net decrease ............. $19,000.00 (2) Net decrease 70,024.22 (3) Net increase 89,024.22 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 102 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23146. AN ORDINANCE authorizing and providing for the City's execution of an addendum to the agreement between the City and the Virginia Department of Highways and Transportation, referred to in Ordinance No. 22984, relative to construction of the Jefferson Street Bridge Project and to provision of a certain storm drain in connection with the project, and to the City's share in payment of costs of said project; authorizing acquisition of a perpetual easement for a portion of said storm drain, upon certain terms and conditions; and providing for an emergency. WHEREAS, by report of the City Manager made to the Council dated August 2, 1976, the Council is advised of the economy and feasibility of relocating from Whitmore Avenue to another location a certain storm drain required to be constructed in connection with the Jefferson Street Bridge Project referred to in Ordinance No. 22984, adopted June 7, 1976, and of the consequent necessity to amend certain provisions of the agreement heretofore entered into between the City and the Virginia Department of Highways and Transportation relative thereto and as provided in said ordinance; and WHEREAS, the Council is further advised of the necessity of obtaining a necessary right-of-way for the construction of a portion, of the storm drain from Jefferson Street to the Roanoke River which is a part of said project, and of revising that part of the agreement which relates to the total cost of the project and to the City's share in payment of said costs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager be and he is hereby authorized and directed to execute, for and on behalf of the City of Roanoke, an addendum to the agreement between the City and the Virginia Department of Highways and Transportation heretofore executed by the City on June 8, 1976, and by said Department on June 15, 1976, relative to the construction of the Jefferson Street Bridge Project No. U000-128-106, PE-101, RW-201, C-501, B606, B-607, Federal Project M-MG- 5128(13), U-5501(2), U-5501(3), such addendum to provide, generally, as follows: (a) That paragraph 9 of the aforesaid City-State agreement be amended to provide as follows: 9. Roanoke agrees to provide, at no cost to the project the necessary right-of-way, permits or agreements to construct the storm sewer outfall between manhole 16A and the Roanoke River. 103 (b) That section 10 of said agreement be revised to reflect the total estimated cost of the aforesaid project to be $2,979,938.72, and the City of Roanoke's share of the estimated costs to be $687,863.81, the detail of all such costs being shown in a proposed form of the aforesaid addendum on file in the office of the City Clerk. 2. That the proper City officials be and they are hereby authorized and empowered to acquire, for and on behalf of the City of Roanoke, from P.P.G. Industries, Inc. (formerly Pittsburgh Plate Glass Company), owner of certain property in the City situate between the east line of the Norfolk and Western Railway Company's Winston-Salem Division right-of-way east of Jefferson Street and the westerly side of Roanoke River, a perpetual easement and a 15-foot wide right-of-way for construction, operation and maintenance of an underground storm drain, approximately 324.11 feet in length, together with a temporary construction easement in an adjoining 16.5-foot wide strip of land, all as shown on Plan No. 5359, prepared in the office of the City Engineer, under date of July 16, 1976, for a nominal cost of $5.00, cash, but the City to expressly agree with the landowner as follows: a. That at least one lane of traffic across the proposed storm drain right-of-way and temporary construction easement area adjacent to and east of the railroad right-of-way shall be maintained for said landowner, its customers and guests at all times during the construction and installation of the aforesaid storm drain line in the aforesaid 15-foot wide right-of-way; b. That said landowner's dike on the west bank of Roanoke River shall be fully repaired and restored by the City if the same be damaged or disturbed by construction of said storm drain across or under said dike; c. That the City will cause to be installed on said landowner's property near the westerly end of the aforesaid 15-foot wide right-of-way at a location agreeable to said landowner a drop storm drain inlet connected to the said storm drain and reasonably capable of conducting into said storm drain runoff or surface water collecting on said landowner's service road on the east side of the aforesaid railroad right-of-way; and d. That the City will restore or cause to be restored all blacktopping and other roadway or parking improvements on said landowner's property damaged or disturbed in any way in the construction of said underground storm drain and upon any later repair, replacement or servicing of said underground storm drain. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall be in force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor 104 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23147. AN ORDINANCE to amend and reordain the Sewage Treatment Fund of the 1976-77 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 the Sewage Treatment Fund of the 1976-77 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND Plant Expansion (1) ............... $1,291,536.87 Not previously appropriated (1) Net increase $31,685.00 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 August, 1976. No. 23148. AN ORDINANCE approving the City Manager's issuance of a change order to the City's Contract "E" with J. W. Bateson Company, .Inc., fOr the construction of a 35 million gallon tertiary treatment plant addition at the City's Sewage Treatment Plant, to provide for sandblasting and sealing three (3) digester tanks at said plant, in accordance with a certain written proposal of said contract~ directing that formal approval of said change order be sought from the Virginia State Water Control Board and the Environmental Protection Agency; and providing for an emergency. WHEREAS, the City Manager, in report to the Council dated August 2, 1976, has recommended that the Council approve the issuance of a change order to the City's contract with J. W. Bateson Company, Inc., for construction of a 35 million gallon tertiary treatment plant addition at the City's Sewage Treatmen' Plant, so as to provide for the additional work hereinafter described, at a cost to the City of $31,685.00, such work appearing to be essential to be accom- plished; and r; 105 WHEREAS, Although formal approval of such additional work has not been obtained from the State Water Control Board or the Environmental Protection Agency, the Council, considering said report, is of opinion that the additional work is desirable and essential and, accordingly, concurs in said proposal; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on behalf of the City a change order to the City's Contract "E", dated January 2, 1974, with J. W. Bateson Company, Inc., for construction of certain sewage treatment plant additions, so as to provide, additionally, for said contractor's sandblasting and sealing of three (3) digester tanks at said sewage treatment plant in accordance with what is set out as Item No. 4 and 7 in the letter of Alvord, Burdick & Howson, Engineers, dated June 16, 1976, at a total additional cost of $31,685.00, said change order to incorporate the provisions of items 4 and 7 of said engineers' letter and, also those of said contractor's bid or proposal dated July 22, 1976, addressed to said Alvord, Burdick & Howson, Engineers, a copy of which proposal is on file in the office of the City Clerk. BE IT FURTHER ORDAINED 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 and request said agencies' approval of the same. BE IT FURTHER ORDAINED that an emergency exists 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 2nd day of August, 1976. No. 23149. AN ORDINANCE authorizing the issuance of Change Order No. 1. to the City's contract with Days Construction Company, Inc., authorized by Ordinance No. 22832, for construction of two municipal swimming pools in the City, upon cer- tain terms and conditions; by allowing payment for rock excavation as stipulated in the original contract documents; by adding sixty (60) additional calendar days to the working time provided in the aforesaid contract; providing for additional changes requested by City officials after the contract was let; and providing for an emergency. lO 6T WHEREAS, the City Manager, in report to the council dated August 2, 1976, has recommended that the Council approve the issuance of a change order to the City's construction contract with Days Construction Company, Inc., dated May 5, 1976, so as to allow for payment of rock excavation as stipulated in said original contract documents; to allow for an additional sixty (60) calendar days for completion of said pools; and to provide for additional changes as hereinafter set forth, in which report this Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 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 dated May 5, 1976, with Days Construction Company, Inc., for construction of two (2) municipal swimming pools in the City, said change order to provide for the following: Original Contract Price: $773,900.00 Change Order No. 1. Deduct Add Washington Park Bulk 2766.9 Cu. Yds. x $10.00 $27,669.00 Trench 46.0 Cu. Yds. x $60.00 2,762.40 Fallon Park Bulk 64.5 Cu. Yds. x $10.00 645.00 Trench 2.0 Cu. Yds. x $60.00 120.00 Subtotal for Rock $31,196.40 Connect deck drains to sanitary sewer, add P-traps and clean-outs as shown by drawings: $ 1,552.00 Handrails at handicap ramps plus additional skimmers required $ 1,540.00 Change expansion joint behind coping to standard cork $1,050.00 Omit equalizer lines on skimmers $ 210.00 Substitute 3 1/2" metal form for deck joints $2,100.00 Substitute fiberglass filters for filters specified $2,900.00 Provide 4 SP-39 Eye Bolt Cup anchors plus 2 3/4" x 53' life lines $ 525.00 Provide solid chlorinators in lieu of gas $3,720.00 $9,980.00 $34,813.40 Deduct 9,980.00 Total Change Order $24,833.40 $ 24,833 Total Contract Price: $798,733 Extension of time for completion - 60 additional calendar days. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon is passage. APPROVED City Clerk Mayor :0 · t0 1.07 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23150. AN ORDINANCE authorizing the issuance of Change Order No. 4 to the City's contract dated September 26, 1975, with Q. M. Tomlinson, Incorporated, for the construction of the new Northwest Branch Library, by providing for an adjustment for the actual cost of finished hardware and project signs for an additional cost of $663.04; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council that a change order be authorized to be issued by the City, to become a part of the City's contract dated September 26, 1975, with Q. M. Tomlinson, Incorporated, for the adjustment for the actual cost of finished hardware and project signs for the new Northwest Branch Library, resulting in an additional cost of $663.04; and WHEREAS, sums sufficient to pay the additional cost have been appropriate. for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and is hereby authorized and directed to execute and issue Change Order No. 4 to the City's contract dated September 26, 1975, with Q. M. Tomlinson, Incorporated, providing for the construction of the new Northwest Branch Library which said change order shall provide for an adjustment in the actual cost of finished hardware and project signs as set out in the City Manager's report of August 2, 1976, a copy of which is on file in the office of the City Clerk, said change order not to exceed an additional cost to the City of $663.04. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall in force and effect upon its passage. APPROVED ATTEST: ~~_~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23151. AN ORDINANCE to amend and reordain Section #1855, "Transfers to Other Funds," of the 1976-77 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. e 1,08 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #1855, "Transfers to Other Funds," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO OTHER FUNDS #1855 Capital Projects Fund Hurt Park Housing (1) .......... $ 508.00 Fallon Park (2) ................ 45,750.58 Transfer (1) Net decrease $1,242.00 (2) Net increase 1,242.00 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 August, 1976. No. 23152. AN ORDINANCE to amend and reordain Section 91748, "Engineering and Building Inspection," and Section #1658, "Street Maintenance," of the 1976- 77 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 #1748, "Engineering and Building Inspection," and Section #1658, "Street Maintenance," of the 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: ENGINEERING AND BUILDING INSPECTION 91748 Other Services and Charges (1) .......... $ 38,201.63 STREET MAINTENANCE 91658 Maintenance (2) ......................... 537,798.37 Transfer (1) Net decrease ~$1,798.37 (2) Net increase 1,798.37 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Mayor 109 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23153. A RESOLUTION approving the City Manager's issuance of Change Order No. 3 in connection with the City's contract with Cason Enterprises for the construction of concrete curbs, gutters and sidewalks in various parts of the City, heretofore authorized by Ordinance No. 22081. WHEREAS, the City Manager, in written report to the Council, has recommended that the Council approve the issuance of a change order to the City's contract hereinafter described so as to provide for payment for a project cost overrun of $1,798.37 for the placement of entrances, sidewalk, curb and gutter on Mount Vernon Road, S. W., in the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and is hereby authorized and empowered to issue, for and on behalf of the City, Change Order No. 3 to the City's contract with Cason Enterprises made February 28, 1975, and authorized by Ordinance No. 22081 to be entered into, so as to provide for an additional payment by the City for a project overrun of $1,798.37 for the placement of entrances, sidewalk, curb and gutter on Mount Vernon Road, S. W., in the City of Roanoke. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23154. AN ORDINANCE authorizing and providing for execution of an amendment to service agreement dated July 1, 1974, with the United States Government, Federal Aviation Administration, providing for certain services provided by the City in certain buildings and places at Roanoke Municipal Airport, Woodrum Field; and providing for an emergency. WHEREAS, by Ordinance No. 21658, adopted July 8, 1974, the Council autho- rized the execution of a service agreement relating to certain services to be provided at Roanoke Municipal Airport, Woodru~m Field, to the Federal Aviation Administration, and the City Manager has reported under date of August 2, 1976, that said agency is willing to amend said agreement so as to provide for an increase in the payments to be made to the City for providing said services, effective on and after July 1, 1976, in which proposal the Council concurs; and 110 WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said Council authorizes and approves amendment of its service agreement with the Federal Aviation Administration so as to increase from $1191.85 per month to $1467.09 per month, or from $14,302.20 per year to $17,605.08 per year, effective July 1, 1976, the amount to be paid to the City by Federal Aviation Administration, for those certain services agreed to be provided by the City to Federal Aviation Administration at Roanoke Municipal Airport, Woodrum Field; and the City Manager is hereby authorized and directed to execute, on behalf of the City, supplemental agreement to the basic service agreement dated July 1, 1974, to become Supplement No. 1 to Agreement No. DOT-FA75EA-7792, said supplemental agreement to amend said existing agreement in the following respects and in these, only, viz: 1. Effective as of July 1, 1976, Paragraphs 1 and 4 are amended to pro- vide the following:~ A. Paragraph 1 - monthly rate is changed from $1,191.85 to $1,467.09 B. Paragraph 4 - annual rate is changed from $14,302.20 to $17,605.08. BE IT FURTHER ORDAINED that all other terms and conditions of Agreement No. DOT-FA75EA-7792 are hereby ratified and, except as hereinabove amended, shall be and remain the same. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be effective upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23156. A RESOLUTION stating certain policy to be observed by the City Assessor of Real Estate and by employees in that office. WHEREAS, the Council's Policy Study Committee has recommended to the Council adoption of certain policy to be observed by the Assessor of Real Estate and employees in said Assessor's office, in which report and recommendations of said Committee made under date of July 26, 1976, the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the following be and is established as certain policy to be observed by the City Assessor of Real Estate and by employees in the office of said Assessor, viz: ATTEST: (1) Whenever said Assessor expects to be away from said office for a period of more than two (2) consecutive work days, a letter so advising shall be given to the City Clerk for dissemination to the members of the City Council. (2) Upon advice of said Assessor and with concurrence of the Council, sufficient funds should be made available for display advertising so as to notify the public of activities of the Assessor's office in respect to mass appraisals, appeal hearings and deadlines, etc., from time to time. (3) The Assessor and employees in the office of Assessor may perform appraisal work on a private basis; provided, however, that under no circumstances and at no time shall the Assessor or any employee in said office conduct an appraisal of any property within the City of Roanoke except for a demonstration property appraisal for real estate tax assessment purposes on behalf of and for the City of Roanoke. (4) No such private appraisal work conducted by the Assessor or employees in said office shall be conducted during normal city working hours, but only on weekends and holidays, or during vacation periods. No private appraisal work may be performed while such person is on sick leave; and (5) Under no circumstances may the Assessor or any employee of the office of the Assessor use other city employees to perform any private appraisal work or report preparation during normal city work hours nor may any use be made of city offices, telephones, or supplies in conjunction with the preparation of private appraisal reports, except that, upon approval by the Assessor, employees may do demonstration appraisals from time to time and city personnel may prepare said appraisals and the Real Estate Assessor will advise the Council at least semi-annually of such work done. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23157. A RESOLUTION stating the present intent of the Council to later adjust the City's current rate of tax on taxable real estate in the City to reflect any increase in the City's revenue from such sOurce based upon increased valua- tions of real estate applicable to the tax year commencing January 1, 1977, as finally established by the reaSsessment of all such real estate made in calendar year 1976. WHEREAS, the Council is concerned with complaint of numerous property owners in the City as to valuations of real estate tentatively established during the 1976 annual assessment of the value of their respective properties, to become effective for tax purposes January 1, 1977, it being urged that such increased valuations together with an increased tax rate will produce revenues from such source well above the amount estimated to be received from that source and which is reflected in the annual budget adopted for Fiscal Year 1976-1977; and the Council desires to state its present intent to ameliorate such situation, should it occur. 112 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it be and is the present intent of said Council that any tax revenue realized as a result of the 1976 annual reassessment on taxable real estate in the City and from the increased real estate tax provided by Ordinance No. 23029 over and above the sum estimated and budgeted to be received from said source for Fiscal Year 1976-1977, will be later adjusted by a proportionate decrease of the $1.64 tax rate heretofore established by the Council for the tax year commencir JanuarY 1, 1977, and thereafter. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23158. A RESOLUTION rejecting a bid received for the supply of a pump for the Chapel Forest Pumping Station, and authorizing the project to be readvertised for new bids. WHEREAS, after due and proper advertisement had been made therefor, one (1) bid for the supply of a pump for the Chapel Forest Pumping Station was opened and read before the Council at its meeting held on July 19, 1976, which bid was thereafter referred to a committee appointed for the purpose to be studied with report thereon made back to the Council and, said committee has made written report and recommendation to the Council, advising that the bid far exceeds the estimate and available funds for this project and should be rejected, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the council of the City 1of Roanoke that the bid heretofore received by the City on July 19, 1976, for supplying a pump for the Chapel Forest Pumping Station, be and the same is hereby REJECTED; the City Clerk to so notify said bidder and to express the City's appreciation of said bid. BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to readvertise the project, with or without changes in the scope of the work, for bids at a later date. APPROVED ATTEST: City Clerk Mayor 113 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23159. AN ORDINANCE amending and reordaining subsection (e) Method of Appoint- ment., of Sec. 4. Authorities, Boards, Commissions and Committees., Chapter 4. The Council., Title II of the Code of the City of Roanoke, 1956, as amended, and providing for an emergency. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that subsection (e) Method of Appointment., of Sec. 4., Chapter 4., of Title II of the Code of the City of Roanoke, 1956, as amended, be and said subsection is hereby amended and reordained, to read and provide as follows, viz: (e) Method of Appointment. Members to such boards, authorities, commissions and committees shall be made by nomination by the Mayor or a member of the council, or upon the applica- tion of the nominee himself, and election by the council upon an affirmative vote by at least four members of the council. All such nominations shall be on a form approved by the council. In making such nomination, it shall be stated that the nominee has been consulted and is will- ing to serve if elected. If so requested by any one membe~ of the council any such appoint~ent shall be made only after the appointee [~as been interviewed by the council. Appointments by the council to such authorities, boards, commissions and committees shall be based upon qualifications acquired through experience, train- ing and education, interest, willingness to serve, and dedication to promoting the best interest of all persons in the city and the Roanoke Valley. Member- ship shall not be restricted by race, creed, color, sex or religion; however, it shall be intended to have a membership balance among the various interests in our community. Membership, except where required by law, shall be restricted to residents of the city of Roanoke except as to persons currently serving on any such bodies, and except as to employees or offi- cers of the City who, by reason of such employment or office are required or provided by law to be or would be eligible to be a member of any such authority, board, commission or committee. BE IT FURTHER ORDAINED that an emergency exists and that 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 2nd day of August, 1976. No. 23160. A RESOLUTION making provision for extending the 36" storm sewer line from the intersection of 10th Street, S. W., and Campbell Avenue, S. W., to Roanoke River. WHEREAS, in report made to the Council by the City Manager under date of July 26, 1976, various proposals have been advanced for alleviating the problem of storm waters accumulating in the area of the intersection of 10th Street, S. W., and Campbell Avenue, S. W., at the present end of a 36" storm sewer recently constructed as a part of the City's 10th Street, S. W. highway project, with the recommendation that the general plan hereinafter approved and authorized for development is the best method for relieving said problem. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and is hereby authorized and directed to proceed with the development of construction plans and to advertise the same for bids, so as to provide for extending the 36" storm sewer at the intersection of 10th Street and Campbell Avenue, S. W., as it now exists to Roanoke River by the installation of approximately 780 feet of 36" pipe and approximately 120 feet of 18" cunnecting pipe, together with necessary tunneling, cuts, drop inlets, manholes and related facilities, making the bids for award of a contract for such construction returnabl before the Council. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1976. No. 23161. AN ORDINANCE accepting a certain bid made to the City for furnishing, delivering and installing steel shelving in the City of Roanoke Materials Control Warehouse; rejecting certain other bids; and providing for an emergency. WHEREAS, on June 25, 1976, and after due and proper advertisement had been made therefor, eleven (11) bids for furnishing, delivering and installing steel shelving in the City of Roanoke Materials Control Warehouse were opened in the City Manager's Conference Room, by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the Assistant City Manager under date of July 26, 1976; and 115 WHEREAS, the Assistant City Manager, concurring in the committee's report, has transmitted the same to the Council by written report under date of July 26, 1976, recommending award of the contract as hereinafter provided; and the Council has determined that the bid hereinafter accepted is the lowest and best bid made to the City and meeting the requirements of the City for furnishing, delivering and installing steel shelving in the Materials Control Warehouse, and that funds sufficient to pay for the purchase price of shelving have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Design Business Interiors, Inc., for furnishing, delivering and installing steel shelving in the Materials Control Warehouse at a total price not to exceed the sum of $22,629.00, in accordance with the bidder's proposal and the City's specifications made therefor, be and is hereby ACCEPTED; and 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 the requisite purchase order for said shelving and installation mentioned in paragraph 1 above, the same to be paid for upon acceptance by the City out of funds heretofore appropriated for the purpose. BE IT FURTHER ORDAINED that the other bids received by the City for same 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. BE IT FINALLY ORDAINED that, an emergency existing, 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 9th day of August, 1976. No. 23155. AN ORDINANCE authorizing the execution of a lease between the City of Roanoke and Emery Air Freight, a corporation, for rental of Bays A, B, C and D in the Air Cargo Building at the Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions. WHEREAS, by report dated July 6, 1976, the City Manager recommended to the Council that the City enter into a certain lease agreement with Emery Air Freight whereby the city would lease to said corporation Bays A, B, C and D, containing 1809.12 square feet of floor space, for a term of five (5) years, 116 commencing as of the 1st day of September, 1976, and terminating on the 31st day of August, 1981, at a rental of $0.30 per square foot per month, or $542.74 per month, payable on or before the first day of each successive monthly period and upon the further terms and provisions hereinafter provided; and WHEREAS, the City Manager has, by subsequent report advised the Council of similar recommendation for such lease made by the Airport Advisory Commission, in all of which said recommendations the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be and they are hereby authorized to execute and attest, respectively, for and on behalf of the City, a lease between the City and Emery Air Freight, a corporation, drawn on form approved by the City Attorney, pursuant to which the City will lease to said corporation Bays A, B, C and D, containing 1809.12 square feet of floor space in the Air Cargo Building, at Roanoke Municipal Airport, Woodrum Field, for sole use by the lessee for its conduct of an air cargo and air freight business or service, and for no other purpose for a term of five (5) years commencing on the 1st day of September, 1976, and terminating on the 31st day of August, 1981, at a monthly rental of $0.30 per square foot per month, or $542.74 per month, payable in advance on or before the first day of each successive monthly period of said term, and upon the further terms and provisions that said lessee shall arrange for and provide at its own expense all utilities and utility services deemed necessary for its convenient use of the leased premises and for any alterations or remodelin¢ of the interior of said premises deemed necessary for its use, the latter of which shall be accomplished only after obtaining written approval of the City Manager of the plans and specifications therefor, the City, however, to permit lessee joint use, with other lessees and operators at said airport, of bulk refuse disposal facilities and of toilet or rest room facilities, said lease to contain such other terms and provisions as are approved or required by the City Manager. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1976. No. 23162. AN ORDINANCE to amend and reordain Section #2401, "Capital Outlay From Revenue,,' of the 1976-77 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. 117 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #2401, "Capital Outlay From Revenue," of the 1976-77 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE 92401 Kimball Redevelopment (1) .............. $100,239.25 Downtown East Redevelopment (2) ........ 39,888.75 Transfer (1) Net decrease $11,188.75 (2) Net increase. 11,188.75 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1976. No. 23163. AN ORDINANCE to amend and reordain Section 91855, "Transfers to Other Funds," of the 1976-77 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 91855, "Transfers to Other Funds," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO OTHER FUNDS 91855 Capital Projects Fund Downtown East (1) ....................... $297,168.76 Kimball (2) ............................. 91,459.72 Transfer (1) Net decrease $44,403.74 (2) Net increase 44,403.74 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 9th day of August, 1976. No. 23164. AN ORDINANCE to amend and reordain Section #1480, "Libraries," of the 1976-77 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 #1480, "Libraries," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIBRARIES #1480 Materials and Supplies (1) ............ $200,663.00 NOt Previously appropriated (1) Net increase $13,663.00 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 9th day of August, 1976. No. 23165. AN ORDINANCE to amend and reordain Section #7608, "Public Service Program, Title II," of the 1976-77 Grant Program Account, and providing for an emergency. , WHEREAS, for the usual daily operation of the Municipal Government 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 #7608, "Public Service Program, Title II," of the 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC SERVICE PROGRAM, TITLE II #7608 CETA Grant No. 51-6-204-21, Modification No. 603 (1) ....... $1,397,797.33 Not previously appropriated (1) Net increase $1,132,432.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1976. No. 23166. AN ORDINANCE to amend and reordain Section #7608, "Public Service Program, Title II," of the 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 %7608, "Public Service Program, Title II," of the 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: ATTEST: PUBLIC SERVICE PROGRAM, TITLE II %7608 CETA Grant No. 51620421, Modification No. 604 (1) ............ $1,486,171.33 Not previously appropriated (1) Net increase ...... $88,374.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1976. No. 23167. AN ORDINANCE authorizing the purchase of supplies of standard ground alum for the City's Water Department for the period beginning July 1, 1976, and ending June 30, 1977, upon certain terms and provisions, by accepting a certain bid made to the City; rejecting certain other bids; and providing for an emergency WHEREAS, on June 2, 1976, and after due and proper advertisement had been made therefor, seven (7) bids for the furnishing to the City of quantities of standard ground alum hereinafter mentioned were opened in the office of the City's Manager of Purchasing and Materials Control, by three members of a committe( appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager under date of July 19, 1976; and WHEREAS, the City Manager, concurring in the committee report, has transmitted the same to the Council, recommending award of contract as hereinafter provided; and the Council has determined that the bid hereinafter accepted 120 is the lowest and best bid made to the City meeting its requirements for the supply of said standard ground alum, and that funds sufficient for the purpose have been appropriated; and WHEREAS, it is necessary fo~ the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. That the bid of Suffolk Chemical Company, Inc., of Suffolk, Virginia, to furnish and supply to the City's Water Department, at the unit price of $132.90 per ton, subject to adjustment of the unit price after ninety (90) days upon fifteen (15) days written notice to the City of any increase in unit price as set out in the bidder's proposal, the total estimated amount needed being 275,000 pounds, all in accordance with the bidder's proposal and the City's specifications made therefor, for the period beginning July 1, 1976, and ending June 30, 1977, delivery to be made as and when ordered by the City's Manager of Purchasing and Materials Control, be and is hereby ACCEPTED; and 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. BE IT FURTHER ORDAINED 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 of said bids. BE IT FINALLY ORDAINED that, an emergency exists and that this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1976. No. 23168. AN ORDINANCE tO amend and reo~dain Section 91347, "Fire Department," of the 1976-77 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 91347, "Fire Department," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: I21 FIRE DEPARTMENT #1347 Salaries and Wages (1) .............. $2,753,103.86 (1) Net decrease. $106,644.00 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 9th day of August, 1976. No. 23169. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: FIRE DEPARTMENT #1347 Salaries and Wages (1) .............. $2,859,747.86 REVENUE SHARING TRUST FUND (2) ........... -0- (1) Net increase $106,644.00 (2) Net decrease 106,644.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1976. No. 23170. AN ORDINANCE to amend and reordain Section 91810, "Employee Benefits," of the 1976-77 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. 1.22 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #1810, "Employee Benefits," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: EMPLOYEE BENEFITS #1810 Fringe Benefits (1) .................... $3,105,906.00 Not previously appropriated (1) Net increase $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 9th day of August, 1976. No. 23171. A RESOLUTION changing the date of a regular weekly meeting of the Council of the City of Roanoke. WHEREAS, it now appears that an insufficient number of the members of the Council will be able to attend the regular meeting of the Council provided to be held on September 13, 1976, at 7:30 p.m., so that a quorum of such members would not be present. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the regular meeting of the Council provided to be held on September 13, 1976, at 7:30 p.m., be, and is hereby changed so that the weekly meeting of the City Council for the week of September 12, 1976, be held, instead, on the 15th day of September, 1976, at 7:30 o'clock p.m., in the Council Chambers on the Fourth Floor of the Municipal Building. ATTEST: City Clerk APPROVED Mayor 123 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1976. No. 23172. A RESOLUTION recognizing the services of RICHARD B. TURPIN, as Director of Public Works for the City of Roanoke. WHEREAS, the City Manager has advised the Council that Richard B. Turpin, Director of Public Works, has tendered his resignation from that position, effective August 15, 1976, in order to accept employment in private industry, and in view of his outstanding work for and untiring dedication to the City, the Council desires to recognize the services rendered by Mr. Turpin since September 1, 1973, as Director of Public Works for the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it adopts this means of expressing appreciation for his dedicated service to the City and of recognizing the outstanding record of Mr. Turpin in achieving the goals of incorporating all maintenance functions of the City into the Departmen~ of Public Works, in accordance with the reorganization program, and to extend to him, its genuine wishes for continued success in all his future endeavors. BE IT FURTHER RESOLVED that the City Clerk do transmit an attested copy of this resolution, approved by the Mayor, to Mr. Richard B. Turpin, on behalf of the Council. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 1976. No. 23173. AN ORDINANCE to amend and reordain Section 915164, "Schools - Title IV, Part B," of the 1976-77 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 %15164, "Schools - Title IV, Part B," of the 1976-77 Appropriation Ordinanc be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - TITLE IV, PART B %15164 Library Materials (1) ............... $20,240.00 Not previously appropriated (1) Net increase -$20,240.00 *100% of actual expenditures to be reimbursed by State Department of Education funds 1'24 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 16th day of August, 1976. No. 23174. 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 certain streets and alleys, and portions of certain streets and alleys, located within or bordering upon Section 4, Gainsboro Neighborhood Development Program (hereinafter called "Gainsboro"), said streets and alleys, and street and alley portions, being shown on maps on file in the Office of the Clerk of the City of Roanoke; and referring the proposal to the City Planning Commission for study and recommendation. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of the City of Roanoke Redevelopment and Housing Authority, that said Petitioner did on August 6, 1976, duly and legally publish as required by Section 15.1364 of the 1950 Code of Virginia, as amended, a notice of its application to be made this date to the Council of the City of Roanoke, Virginia, to close the hereinafter described streets and alleys, and 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 appended to the application addressed to the Council requesting that the hereinafter described streets and alleys, and 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 the Council having considered said application to permanently vacate, discontinue and close the hereinafter described streets and alleys, and street and alley portions; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinafter described streets and alleys, and 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. 11-- II - 125 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. 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 described streets and alleys, and street and alley portions, and report in writing, pur- suant 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, name ly: (1) Ail of the following described portions of Peach Road, N. W., and Gainsboro Road, N. W., located within the boundaries of Section 4 of Gainsboro: BEGINNING at the point of intersection of the present northerly right of way line of Gainsboro Road, N. W., with the present easterly right of way line of Peach Road, N. W.; thence S 1 deg. 26' 28" E 44.80 feet to a point on the present southerly right of way line of Gainsboro Road, N. W.; thence with the present right of way line of Gainsboro Road, N. W. S 28 deg. 58' 07" W 98.90 feet to a point; thence N 6 deg. 33' 26" E 104.06 feet to the point of intersection of the present northwesterly right of way line of Gainsboro Road, N. W. with the present westerly right of way line of Peach Road, N. W.; thence with the present right of way line of Peach Road, N. W., N 2 deg. 36' 13" W 6.86 feet to a point; thence through and across Peach Road the following courses and distances: N 2 deg. 33' 17" E 28.88 feet to a point; thence with a curved line to the left an arc distance of 111.73 feet (radius of said curve being 5764.58 feet with a chord bearing and distance of N 7 deg. 36' 45" E 111.73 feet) to a point of reverse curve; thence with a curved line to the right an arc distance of 24.18 feet (radius of said curve being 23.00 feet with a chord bearing and distance of N 37 deg. 10' 55" E 23.09 feet) to a point on the present easterly right of way line of Peach Road, N. W.; thence with same S 2 deg. 09' 30" E 137.02 feet to the POINT OF BEGINNING, as shown on a map dated May 28, 1976, made by Hayes, Seay, Mattern and Mattern (the above described street portions to be closed are cross-hatched and colored red on the aforesaid map). Ail bearings refer to the meridian of the "Virginia Plane Coordinate System, South Zone" (2) Ail of the area of Gainsboro Road, N. W., extending from the portion of Gainsboro Road to be closed described in paragraph (1) hereinabove to its terminus at the inter- section of Gainsboro Road, N. W., and the westerly, right of way line of Interstate Route 581. (3) Ail of the area of Jefferson Street lying between the southerly line of the portion of Gainsboro Road, N. W., to be closed described hereinabove in paragraph (2) and the center line (projected) of Walker Avenue, N. E. (4) Ail of the area of Walker Avenue, N. E., lying between its intersection with the easterly line of Jefferson Street and its intersection with the westerly line of Second Street, N. E., except that the following described portion of Walker Avenue, N. E., is not to be closed: BEGINNING at the point of intersection of the present westerly right of way line of Second Street, N. E., with the present southerly right of way line of Walker Avenue, N. E.; thence with the southerly right of way line of Walker Avenue,. N.E., N 87 deg. 55' 52" W 8.44 feet to a point; thence through and across Walker Avenue, N. E., the following courses and distances: N 15 deg. 39' 09" W 35.69 feet to a point of curve; thence with a curved line to the left an arc distance of 15.77 feet (radius of said curve being 225.00 feet with a chord bearing and distance of N 17 deg. 39' 37" W 15.76 feet) to a point on the present northerly right of way line of Walker Avenue; thence with same S 87 deg. 54' 40" E 19.12 feet to a point, said point being the present northwest corner of Walker Avenue, N. E. and Second Street, N. E.; thence S. 4 deg. 22' 15" E 49.14 feet to the POINT OF BEGINNING, as shown on a map dated May 28, 1976, made by Hayes, Seay, Mattern and Mattern (the above described portion of Walker Avenue not to be vacated is colored red and cross-hatched on the aforesaid map). Ail bearings refer to the meridian of the "Virginia Plane Coor- dinate System, South Zone". 1 26 (5) All of the area of Gregory Avenue, N. E., lying between its intersection with the southerly line of the portion of Gainsboro Road, N. W., to be closed, described in paragraph (2) hereinabove and its inter- section with the westerly right of way line of Inter- state Route 581. (6) Ail of the area of that certain alley bounded on the south by the northerly line of the portion of Walker Avenue, N. E. to be closed, described in para- graph (4) hereinabove; on the east by the westerly lines of Lots 17, 16, 15, 14 and 13, Block 4, Official Survey Northeast 2, on the north by the southerly line of Lot 12, Block 4, according to the aforesaid Official Survey Map and on the west by the easterly line of Lot 11, Block 4, according to the aforesaid Official Survey Map. (7) Ail of the area of that certain twenty foot wide alley bounded on the east by the westerly line of Peach Road, N. W.; on the north by the southerly line of Lots 1 (Offi- cial Tax No. 2021642), 5, 6, 7, (Official Tax Nos. 2021631 and 2021632) and 8, Block 3, North Side Addition; on the west by the easterly line of Parcel D as shown on the Map of Section 1, Gainsboro, made by Hayes, Seay, Mattern and Mattern, dated July 22, 1974, of record in the Clerk's Office of the Circuit Court of the City of Roanoke in Map Book 1, page 218; and on the south by the northerly lines of Lots 6, 5, 4 (Official Tax Nos. 2021671 and 2021672) and 3 (Official Tax Nos. 2021673 and 2021674), North Side Addition and that certain Parcel having Official Tax No. 2021675. (8) Ail of the area of that certain alley extending in a westerly direction between Block 4 and Block 5, North Side Addition from its intersection with the westerly line of Peach Road, N. W. to its intersection with that portion of the same alleyway which was permanently vacated and closed by Ordinance of the Council of the City of Roanoke No. 21281 dated January 7, 1974, of record in the aforesaid Clerk's Office in Deed Book 1341 at page 340. (9) .All of the area of McDowell Avenue, N. W. between its intersection with the easterly line of Section 1, Gainsboro (at that point being the easterly line of 3rd Street, N.. W. as shown on the aforesaid Plat of Section 1, Gainsboro) and its intersection with the westerly proposed right of way line of the new Gainsboro Road as shown on the preliminary Plat of Section 4, Gainsboro, (which line at this point generally coincides with the present westerly line of Peack Road, N. W.). (10) Ail of the area of that certain alley extending in a northerly direction from its intersection with the northerly line of that certain alley to be closed described in para- graph (7) above to its intersection with the southerly line of Madison Avenue, N. W., said alleyway being bounded on the west by the easterly line of Lot 5, Block 3, North Side Addition; and on the east by the westerly lines of Lots 1 (Official Tax Nos. 2021642 and 2021641), 2, 3 and 4, Block 3, North Side Addition. (11) Ail of the area of that certain alley extending in a northerly direction from its intersection with the northerly line of Madison Avenue crossing the alleyway described in paragraph (8) hereinabove to its intersection with the southerly line of the portion of McDowell Avenue to be vacated, described in paragraph (9) hereinabove (being a continuation of the alley- way described in paragraph (10) hereinabove). Said alleyway being bounded on the east by the westerly lines of Lots 1 and 2, Block 4, (Official Tax No. 2021367) and Lots 1 (Official Tax No. 2021331) and 2, Block 5, North Side Addition; and on the west by the easterly lines of Lot 3, Block 4, and Lot 3, Block 5, North Side Addition. (12) Ail of the area of that certain alley extending in a westerly direction from its intersection with the westerly line of Peach Road, N. W., to its terminus, and being bounded on the north by the southerly line of Lot 3, Block 3, North Side Addi- tion (being the southerly portions of parcels with Official Tax Nos. 2021635 through 2021639, inclusive) and on the south by the northerly line of Lot 2, Block 3, North Side Addition. (13) Ail of that certain alley extending in a southerly direc- tion from its intersection with the southerly line of the por- tion of McDowell Avenue, N. W. to be vacated as described herein- above in paragraph (9) to its terminus at the northerly line of Lot 2, Block 5, North Side Addition, and being bounded on the east by the westerly line of a certain parcel bearing Official Tax No. 2021335 and on the west by the easterly line of that certain parcel bearing Official Tax No. 2021334. '1'2,7 (14) Ail of the area of that certain alley designated as "Wells Alley" on Sheet No. 202 of the Appraisal Map of the City of Roanoke extending generally in a northeasterly direction through Block 7, Official Survey, Northwest 3, from its inter- section with the easterly line of Peach Road, N. W., to its intersection with the southerly line of that portion of McDowell Avenue, N. W., to be closed as described in paragraph (15) hereinafter. (15) Ail of the area of McDowell Avenue, N. W. extending generally in an easterly direction from the easterly proposed right of way line of the new Gainsboro Road, as shown on the preliminary map of Section 4, Gainsboro (which at this point generally follows the existing location of Peach Road), to its intersection with the right of way line of Interstate 581. (16) Ail of the area of Chestnut Avenue, N. W. extending in an easterly direction from its intersection with the easterly line of Peach Road, N. W., to its intersection with the right of way line of Interstate Route 581. (17) Ail of the area of Raleigh Avenue, N. W. extending'in an easterly direction from its intersection with the easterly line of Peach Road, N. W., to its intersection with the right of way line of Interstate Route 581. (18) Ail of the area of that certain 10 feet in width alley extending in a northerly direction from its intersection with the northerly line of the portion of McDowell Avenue, N. W., to be closed as described in paragraph (15) kereinabove to its intersection with the southerly line of that portion of Chestnut Avenue to be closed as described hereinabove in paragraph (16); said alleyway being bounded on the west by the easterly line of Lots 9 and 8 (Official Tax Nos. 2021129 and 2021110, respec- tively), Barksdale Addition; and on the east by the westerly lines of Lots 7 and 10 (Official Tax Nos. 2021111 and 2021130, respectively), Barksdale Addition. (19) Ail of the area of that certain alleyway designated as "Barksdale Add" on Skeet No. 202 of tke Appraisal Map of tke City of Roanoke and whick intersects and crosses the alleyway to be closed, described hereinabove in paragraph (18). Said alleyway is bounded on the east by its intersection with the right of way line of Interstate Route 581; on the north by the southerly lines of those certain parcels having Official Tax Nos. of 2021117, 2021116, 2021115, 2021114, 2021113, 2021112, 2021111 and 2021110; on the west by the easterly line of that parcel bearing Official Tax No. 2021108; and on the south by the northerly lines of those certain Parcels bearing Official Tax Nos. 2021129 through 2021136, inclusive. (20) Ail of the area of that certain alley extending in a northerly direction from its intersection with the northerly line of that portion of Chestnut AvenUe, N. W., to be closed, described hereinabove in paragraph (16), to its intersection with the southerly line of that portion of Raleigh Avenue to be closed, described hereinabove in paragraph (17); said alley being bounded on the east by the westerly line of Lot 5, Block 5, Official Survey Northwest 3; and on the west by the ~easterly lines of Lot 1 (Official Tax Nos. 2020601 and 2020602) and Lot 4, Block 5,.Official Survey Northwest 3. (21) Ail of the area of that certain alley extending in an easterly direction from its intersection with the easterly line of Peach Road, N. W., to its intersection with the westerly line of that certain alley to be closed described hereinabove in paragraph (20); said alley being bounded on the north by the southerly line of a portion of Lot 1, Block 5, Official Survey Northwest 3, bearing Official Tax No. 2020602; and on the south by the northerly lines of Lots 2, 3, and 4, Block 5, Official Survey Northwest 3. (22) Ail of the area of that certain alleyway extending in a northerly direction from its intersection with the northerly line of that portion of Raleigh Avenue to be closed, described in paragraph (17) above, to its intersection with the southerly line of Orange Avenue and the right of way line of Interstate Route 581; said alleyway being bounded on the east by the westerly line of that certain Parcel having Official Tax No. 2020305 and on the west by the easterly line of those certain Lots having Official Tax Nos. 2020304, 2020302 and 2020301. All'of the foregoing descriptions are based on the City of Roanoke Appraisal Map, Sheet Nos. 202 and 302, of record in the City Engineer's Office of the City of Roanoke unless reference is specifically made herein otherwise. The alley and street portions to be closed and vacated are generally shown in red on the preliminary map of Section 4, Gainsboro, which has been filed in the Office of the Clerk of the City of Roanoke. I28 BE IT FURTHER RESOLVED that the aforesaid application to permanently vacate, discontinue and close the within described streets and alleys, and 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 16th day of August, 1976. No. 23175. A RESOLUTION authorizing acceptance of a certain comprehensive planning assistance grant award in the amount of $45,000.00, made to the City by the United States of America, Department of Housing and Urban Development for Grant Award No. CPA-VA-03-00-1069 for funds to complete a comprehensive plan for the City of Roanoke and to continue a management department, the Department of Program~ Development, and authorizing the City ~anager and the Director of Finance to execute a payment voucher on a Letter of Credit as specified in Part I of the aforesaid grant award, and approving, by reference, certain terms and conditions set out in Part IV of the aforesaid grant award. WHEREAS, pursuant to an application heretofore made to the United States of America, Department of Housing and Urban Development on behalf of the City for a grant of funds under Section 701 of the HoUsing Act of 1954, as amended, a copy of which application is on file in the office of the City Clerk, the United States of America has made to the City of Roanoke an offer to provide funds in the amount of $45,000.00 to assist in defraying the cost of completing a comprehensive plan for the City of Roanoke and to continue a management department, the Department of Programs Development; said grant being referred to therein as Grant Award No. CPA-VA-03-36-1069; and WHEREAS, the Council deems it proper that the City of Roanoke accept the offer of $45,000.00 of Federal funds as made and contained in Part I, of the grant award made to said City on behalf of the United States of America by the Department of Housing and Urban Development and upon the terms and condition therein set out in Part IV of the aforesaid grant award. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That said City doth hereby accept the offer made to the City by the United States of America of a Federal grant in the amount of $45,000.00 to assist the City in defraying the cost of completing a comprehensive plan for the City of Roanoke and to continue a new management department, the Department of Programs Development, as Grant Award No. CPA-VA-03-36-1069, upon all of the terms, provisions and conditions therein set out, a copy of the aforesaid grant award in which is contained the terms, provisions and conditions above referred to, being on file in the Office of the City Clerk and being expressly incorporated herein by reference. 2. That the City Manager and the Director of Finance be and they are hereby authorized and directed to execute, for and on behalf of the City a payment voucher on a Letter of Credit as specified in Part I of the aforesaid grant award. BE IT FURTHER RESOLVED that the City Clerk be and she is hereby authoriz and directed to send an attested copy of this resolution to Mr. Robert A. Dinney, Assistant Regional Administrator for Community Planning and Development, Departmen of Housing and Urban Development, Philadelphia, Pennsylvania. APPROVED ATTEST: c-h City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 1976. No. 23176. AN ORDINANCE to amend and reordain Section 91480, "Libraries," of the 1976-77 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 91480, "Libraries," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIBRARIES 91480 Materials and Supplies (1) ............ $217,072.00 Travel and Education (2) .............. 5,000.00 Capital Outlay (3) .................... 12,765.00 Not previously appropriated (1) Net increase (2) Net increase (3) Net increase $15,092.00 4,800.00 1,130.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 130 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 1976. No. 23177. AN ORDINANCE authorizing amendment of the City's agreement with Demetria Lewis for the granting of a leave of absence for education purposes to relieve the City from its obligation to compensate Demetria LeWis for fifty-percent (50%) of her salary while on said leave of absence; and providing for an emergency. WHEREAS, the City Manager in report to this Council dated August 16, 1976 recommended that this Council authorize amendment of the City's agreement with Demetria Lewis for the granting of a leave of absence for educational purposes to relieve the City from its obligation to compensate Demetria Lewis for fifty- percent (50%) of her salary while on said leave of absence, said compensation having been provided for by grant funds authorized by the Roanoke Public Library Board; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to enter into an amendment of the City's agreement with Demetria Lewis, dated July 16, 1976, for the granting of a leave of absence for educational purposes, said amendment to relieve the City of its obligation to compensate Demetria Lewis for fifty-percent (50%) of her present salary while on said leave of absence and to be upon form approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, 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 16th day of August, 1976. No. 23178. AN ORDINANCE to amend and reordain Section #1248, "Engineering, Buildings and Planning," and Section %1810, "Employee Benefits," of the 1976-77 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 Section #1248, "Engineering, Buildings and Planning," and Section %1810, "Employee Benefits," of the 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: 1'31 ENGINEERING, BUILDINGS AND PLANNING 91248 Personal Services (1) ................. $ 579,528.00 EMPLOYEE BENEFITS 91810 Fringe Benefits (2) ................... 3,114,049.98 Not previously appropriated (1) Net increase ............. $12,246.00 (2) Net increase-- 2,450.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 1976. No. 23179. AN ORDINANCE authorizing execution of a written agreement with City of Roanoke Redevelopment and Housing Authority relating to the performance of certain Community Development program activities undertaken by the City in its application/Grant No. B-76-MC-51-0020 under the Community Development Act; and providing for an emergency. WHEREAS, the City of Roanoke, having received assurance of Federal Community Development Block Grant funding under the Community Development Act of 1974, desires to contract for the services of the City of Roanoke Redevelopment and Housing Authority in order to carry out certain program activities set out and identified in the City's application/Grant No. B-76-MC-51-0020 for the second program year; and the City Manager has recommended to the Council that authority be given to execute a certain written agreement with said Authority for the provision of those services, the scope of which and the terms and provision upon which ~he same would be provided are set out and contained in a form of written agreement, drawn as Contract for Services under Community Development Program, dated the 17th day of August, 1976, but to be retroactive to and include program activities carried out since July 1, 1976, a copy of which said form of agreement is on file in the office of the City Clerk; and WHEREAS, funds are available to the City from the Community Development Block Grant Program and other sources with which to make payment of the City's costs incurred under the agreement to be entered into; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized and directed to execute, for and on behalf of the City, that certain written agreement, drawn as a Contract for Services under Community Development Program - Grant No. B-76'MC-51-0020, between the City of Roanoke Redevelopment and Housing Authority and the City 1'32 of Roanoke, under date of August 17, 1976, but to be retroactive to include program activities carried out since July 1, 1976, 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 shall be governed; provided the form of said contract, otherwise, be approved by the City Attorney. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance be in force and effect upon its passage, retroactive as hereinabove provided. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 1976. No. 23180. A RESOLUTION authorizing acceptance and execution of an amendment to the written license agreement with Norfolk and Western Railway Company providin¢ a right to the City to construct, maintain and operate a certain underground storm water drain under and across said Company's property as heretofore provided by Ordinance No. 21897. WHEREAS, Ordinance No. 21897 authorized the City Manager to execute a written agreement in the form of a license agreement with Norfolk and Western Railway Company granting to the City the right to construct, maintain, repair, renew, use and remove a certain carrier pipeline (storm water drain) under and across the land and the tracks of said Company as shown on Plan V-10-VA.2B, dated August 21, 1974, which said license agreement was thereafter duly executed by said City Manager and Norfolk and Western Railway Company; and WHEREAS, it has subsequently been determined more feasible and more economical to construct a storm drain in a different location, and Norfolk and Western Railway Company has offered and agreed to amend the aforesaid license agreement, entered into as Agreement No. A51053 dated November 5, 1976, as hereina provided, and the City Manager has recommended to the Council that he be authorize( to execute such amendment, there being no costs involved in executing such amend- ment. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to accept in writing and execute a written amendment to Agreement No. A50153 dated November 5, 1974, with Norfolk and Western Railway Company, made and tendered to the City under date of August ter 133 forced concrete pipe or, if rock is encountered, a 48-inch tunnel liner plate of 10-gauge material having a section modulus of 0.0590 inches cubed per inch with bolted lap joint to be used as a casing pipe, at the location shown in red on print of Part Plan V-10-VA. 2-B dated July 22, 1976, with the understanding that, except as amended herein, Agreement No. A51053 dated November 5, 1974, shall remain in full force and effect; the same being an amendment of the license agreement heretofore authorized by Ordinance No. 21897. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 1976. No. 23181. AN ORDINANCE authorizing the issuance of Change Order No. 2 to the City' contract with Days Construction Company, Inc., authorized by Ordinance No. 22832, for construction of two municipal swir~ming pools in the City, upon certain terms and conditions; by providing for removal of unsuitable material at the swimming pool sites; providing for fill material and additional excavation work; by adding thirty (30) additional calendar days to the working time provided in the aforesaid contract; and providing for an emergency. WHEREAS, the City Manager, in report to the Council dated August 16, 197( has recommended that the Council approve the issuance of Change Order No. 2 to the City's construction contract with Days Construction Company, Inc., dated May 5, 1976, so as to provide for removal of unsuitable materials at the swimming pool sites; to provide fill material and additional excavation work and to allow for an additional thirty (30) calendar days for completion of said pools, in which report this Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 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 dated May 5, 1976, with Days Construction Company, Inc., for construction of two (2) municipal swimming pools in the City, said change order to provide for the following: Original Contract Price with Change Order No. 1 $798,733.40 Removal of unsuitable material 7,276.8 cu.yds, at $2.00 per yard - $ 14,553.60 1'34-, Fill material required 5,872.1 cu.yds, compacted clay fill at $2.85 per cu.yd. - 1,404.2 cu.yds, compacted crusher run gravel at $4.55 per cu.yd. - $ Additional bulk excavation required when deck and concession stand were shifted 666.5 cu.yds, at $2.00 per cu.yd. - $ Total Amount of Change Order - Total Contract Price $ 16,735.49 6,389.11 1,333.00 Extension of time for completion - 30 additional calendar days. $ 39,011.20 $837,744.60 BE IT FURTHER ORDAINED that, an emergency existing, 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 16th day of August, 1976. No. 23182. AN ORDINANCE authorizing the issuance of Change Order No. 1 to the City's contract with Hodges Lumber Company, Inc., authorized by Ordinance No. 22589, to provide for a discharge line for the Peakwood Drive reservoir to convert said reservoir to a flow through facility; upon certain terms and conditions; adding forty-one (41) additional calendar days to the working time provided in the aforesaid contract; and providing for an emergency. WHEREAS, the City Manager, in report to the Council dated August 16, 1976, has recommended that the Council approve the issuance of a change order to the City's construction contract with Hodges Lumber Company, Inc., dated December 22, 1975, so as, by alteration and modification of said contract, to provide for a discharge line for the Peakwood Drive reservoir to convert said reservoir to a flow through facility, at an additional cost to the City of $477.00 and to provide for forty-one (41) additional days for the completion of said reservoir; and WHEREAS, the Council is of opinion that the changes proposed in such work are desirable for the reasons reported by the City Manager and, accordingly, concurs in said proposal, and has appropriated a sum sufficient to defray the additional costs incurred by the change order herein authorized by the Council; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. 135 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 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 dated December 22, 1975, with Hodges Lumber Company, Inc., to provide for a discharge line for the Peakwood Drive reservoir to convert said reservoir to a flow through facility at an additional cost tO the City of $477.00, and to provide for an extension of time for completion of the Peakwood Drive reservoir of forty-one (41) days. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 1976. No. 23183. AN ORDINANCE approving issuance of Ckange Order No. 3 to the City's contract with Pebble Building Company for construction of the City's new municipal parking garage on Church Avenue, S. W., to provide for storm drains and rain gutters to accommodate the United Virginia Bank of Roanoke's proposed pedestrian bridge across First Street, S. W.; providing for reimbursement to the City by the United Virginia Bank of Roanoke for the increased costs necessitated by said change order; and providing for an emergency. WHEREAS, the City Manager, in a report dated August 16, 1976 to this Council, requested authority to execute Change Order No. 3 to the City's contract with Pebble Building Company for construction of the City's new municipal parking garage on Church Avenue, S. W., to provide for storm drains and rain gutters to accommodate the United Virginia Bank of Roanoke's proposed pedestrian bridge across First Street, S. W., the United Virginia Bank of Roanoke having agreed to reimburse the City for the increased cost necessitated by said change order. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said Council approves the e~ecution by the City Manager, for and on behalf of the City of Roanoke, of Change Order No. 3 to the City's contract dated July 29, 1975 with Pebble Building Company, so as to provide for storm drains and rain gutters to accommodate the United Virginia Bank of Roanoke's proposed pedestrian bridge across First Street, S. W.; the increase in the contractual amount of $290.00 necessitated by said alterations to the municipal parking garage to be reimbursed to the City by the United Virginia Bank of Roanoke. 136 -- II BE IT FURTHER ORDAINED that, an emergency existing, 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 16th day of August, 1976. No. 23185. AN ORDINANCE authorizing sale at public auction of certain surplus tangi- ble 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, and rejecting a certain other proposal made therefor; and providing for an emergen¢ WHEREAS, a committee composed of the Assistant City Manager and certain others in report addressed to the Council dated August 16, 1976, and transmitted by the City Manager with the iatter's concurrence, has recommended that the City accept the proposal of the auctioneer hereinafter named to promote and conduct the sale at public auction of certain surplus tangible personal property of the City, in which recommendations the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows, viz: 1. That the City Manager be and he is hereby authorized to accept the proposal of J. G. Sheets and Sons, Incorporated, made to the City of Roanoke under date of August 9, 1976, to promote and conduct the auction sale of certain sur- plus tangible personal property of the City, consisting of certain automobiles, trucks, tractors, construction equipment, office furniture and equipment such as desks, typewriters, adding machines and various other surplus items; said auctioneE to be compensated by the City in a sum equal to six per cent (6%) 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 August 9, 1976; and 2. That the aforesaid committee be authorized and empowered to fix the 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; and date 137 3. That all sales made at the aforesaid auction shall be final, and not subject to confirmation of price by the City Council; and 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. BE IT FURTHER ORDAINED 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. BE IT FURTHER ORDAINED that, an emergency existing, 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 16th day of August, 1976. No. 23186. AN ORDINANCE amending and reordaining Ordinance No. 23131 adopted August 2, 1976, directing and providing for the holding of an election in the City of Roanoke, Virginia, on the 2nd day of November, 1976, to determine whether the qualified voters of the City of Roanoke approve amendments to the Roanoke Charter of 1952, as amended, to become effective January 1, 1978, so as to abolish the offices of city treasurer and commissioner of revenue as elective offices under the Charter of said City and so as to transfer the duties of those offices, as they pertain to the revenues of the City, to the office of the Director of Finance under the City government, by amending paragraph 8 thereof; and providing for an emergency. WHEREAS, paragraph 8 of Ordinance No. 23131 adopted August 2, 1976, directs that certain indicia of the election therein provided to be held be lodged and kept in the office of the City Clerk for a period of twelve months following said election; and WHEREAS, Sections 24.1-143 and 24.1-144 of the Code of Virginia, 1950, as amended, direct that such indicia of the election directed to be held in Ordinance No. 23131 be returned to and lodged in the office of the Clerk of the Circuit Court of the jurisdiction in which said election is directed to be conducted for a period of twelve months after such election; and i3'8 II ' WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 23131 adopted August 2, 1976, be and is hereby amended and reordained to read and provide as follows: 1. A special election shall be held in the City of Roanoke on the 2nd day of November, 1976, to determine whether the qualified voters of the City approve the proposition that the Roanoke Charter of 1952, as amended, be amended, effective January 1, 1978, so as to abolish the office of the city treasurer and the office of the commissioner of revenue as elective offices under the Charter of said City and so as to provide for transfer of the duties of those offices, as they pertain to the revenues of the City, to the office of the Director of Finance under the City government, so that all financial operations of the City, including the assessment and collection of local taxes, be combined into one office or department of the City. 2. The officers of election hereinafter designated are hereby directed to open polls at the several voting places in the City of Roanoke on the 2nd day of November, 1976, for the purpose of submitting said question for approval of the qualified voters of the City of Roanoke. 3. The Secretary of the Electoral Board of the City of Roanoke is hereby directe~ to give puDlic 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 said 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. 4. The judges and clerks for the several voting precincts in the City of Roanoke 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. 5. The Electoral Board of the City of Roanoke shall forthwith and not less than ten days prior to the date of the election herein provided for have printed proper ballots to be voted at said election, and such ballots shall be in the following form: CITY OF ROANOKE REFERENDUM OF November 2, 1976 QUESTION: Shall the Roanoke Charter of 1952, as amended, be amended, effective January 1, 1978, so as to abolish the office of the city treasurer and the office of the commissioner of revenue as elective offices under the Charter of said City and so as to provide for transfer of the duties of those offices, as they pertain to the revenues of said city, to the office of the Director of Finance under the City government, so that all financial operations of the City, including the assessment and collection of local taxes, be combined into one office or department of the City? 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, of the 1950 Code of Virginia, 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. Said election shall be conducted in the manner prescribed by law for the conduct of special elections. 8. 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 vote upon the question voted upon and make written return to the Electoral Board which, within two days f~llowing t~e 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 City 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 Clerk of the Circuit Court of the City of Roanoke to be kept among the records of the said Court, and said ballots shall remain sealed during the space of twelve months thereafter without the order of the Court. BE IT FURTHER ORDAINED that attested copies of this ordinance be transmit~ by the City Clerk to the Chairman and to the Secretary of the Electoral Board of the City of Roanoke and to the State Board of Elections. BE IT FINALLY ORDAINED that an emergency exists and that this ordinance shall be in force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor ¸ed IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 1976. No. 23187. AN ORDINANCE authorizing and providing for lease by the City of an approximate 0.21 acre parcel of land in the City of Roanoke and an approximate 0.01 acre parcel of land in the City of Salem, providing for the acquisition of an approximate 0.23 acre parcel of land in Roanoke County, providing for the acquisition of the necessary rights-of-way for access to the aforesaid parcels said parcels to be used for airport related needs for Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager, in report to this Council.under date of August 9, 1976, has requested authority to lease and acquire the aforesaid parcels and rights-of-way in order that the City may execute the necessary agreements with the appropriate officials of the Government of the United States of America so that the Federal Aviation Administration of the Department of Transportation of said Government may cause to be installed a Missed-Approach-Point Marker, an Outer Marker, and a Non-Directional Beacon on the aforesaid sites, which are necessary navigational devices for Roanoke Municipal Airport, Woodrum Field; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by .the Council of the City of Roanoke that the City Manager be and he is hereby authorized to enter into a written lease agreement with the necessary officials of the St. Elias Catholic Church to provide for the lease by the City of Roanoke of an approximate 0.21 acre parcel of land situate in the City of Roanoke, said parcel being.shown on Drawing No. AEA- D-27070, Sheet 3, dated April 12, 1976, prepared by the Eastern Region of the Federal Aviation Administration of the Department of Transportation, entitled "ROANOKE, VA. ROANOKE MUNICIPAL AIRPORT RUNWAY 5 LDA - MAP MARKER VICINITY SKETCH/i PLAN", on file in the office of the City Engineer, said lease agreement to be for a term of years satisfactory to the City Manager and the Government of the United States of America, for a consideration of $8,000.00, to provide for the assignment or transfer of those rights acquired by the City in said lease agreement to the Government of the United States of America, and to contain such other terms and conditions deemed necessary by the City Manager and to be, otherwise upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that the City Manager be and he is hereby authorized to enter into a written lease agreement with the necessary officials of the City of Salem to provide for the lease by the City of Roanoke of an approxi~ 0.01 acre parcel of land situate in the City of Salem and a right-of-way to the said 0.01 acre parcel, said parcel and right-of-way shown on Drawing No. AEA-D-27070, Sheet 4, dated April 12, 1976, prepared by the Eastern Region of the Federal Aviation Administration of the Department of Transporation, entitled LOT Ate 141 "ROANOKE, VA. ROANOKE MUNICIPAL AIRPORT RUNWAY 5 LDA - OUTER MARKER VICINITY SKETCH/PLOT PLAN", on file in the office of the City Engineer, said lease agree- ment to be for a term of years satisfactory to the city Manager and the Government of the United States of America, for a nominal consideration, to provide for the assignment or transfer of those rights acquired by the City in said lease agreement to the Government of the United States of America, and to contain such other terms and conditions deemed necessary by the City Manager and to be, otherwise upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that the City Manager be and he is hereby authorized to accept the offer of Helen Richards to sell and convey to the City for a cash sum of $3,000.00 an approximate 0.23 acre parcel of land and an easement for right-of-way purposes to the said 0.23 acre parcel, situate in Roanoke County, said parcel and easement shown on Drawing No. AEA-D-27070, Sheet No. 5, dated April 12, 1976, prepared by the Eastern Region of the Federal Aviation Administration of the Department of Transportation, entitled "ROANOKE, VA. ROANOKE MUNICIPAL AIRPORT RUNWAY 5 LDA - NDB VICINITY SKETCH", on file in the office of the City Engineer, and that upon delivery to the City from Helen Richards of a good and sufficient deed of conveyance, on form approved by the . City Attorney, granting and conveying to the City the fee simple title to the aforesaid land, the proper City officials be and are hereby authorized to issue and deliver to Helen Richards the City's check in payment of the $3,000.00 purchase price hereinabove provided, less any amount due to be paid for taxes. BE IT FINALLY ORDAINED that an emergency exists and that this ordinance shall take effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 1976. No. 23188. AN ORDINANCE to amend and reordain Section 90403, "Commissioner of Revenue," of the 1976-77 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 90403, "Commissioner of Revenue," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMISSIONER OF REVENUE 90403 Other Services and Charges - Advertising (1) ...$2,250.00 (1) Net increase $200.00 142 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 1976. No. 23189. AN ORDINANCE to amend and reordain Section #1810, "Employee Benefits," of the 1976-77 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 #1810, "Employee Benefits," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: EMPLOYEE BENEFITS #1810 Fringe Benefits (1) ............. $3,111,599.98 Not previously appropriated (1) Net increase $5,693.98 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 1976. No. 23190. AN ORDINANCE authorizing an agreement to be entered into with the Health Department of the City of Roanoke 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. WHEREAS, the City Manager, by report dated August 9, 1976, requested authorization from this Council to enter into an appropriate agreement with the Health Department of the City of Roanoke relative to out-patient care and treat- ment by the said Health Department and charges to be imposed for such care and treatment: and 143 WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance be effective upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 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 Health Department of the City of Roanoke to provide for out-patient care and treatment for authorized residents of the City and to provide for a $12.00 charge to be imposed for such care and treatment per visit, said agreement to include such other terms deemed necessary by the City Manager. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be effective upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1976. No. 23184. AN ORDINANCE awarding certain concession privileges to be exercised at Roanoke Municipal (Victory) Stadium, the National Guard Armory and the Athletic Grounds in Maher Field upon certain terms and provisions, on the basis of a certain bid made therefor; directing the execution of a requisite contract; and rejecting the other bid made for the award of said privileges. WHEREAS, on August 10, 1976, and after due and proper advertisement had been made therefor certain bids for certain concession privileges to be exercised at Roanoke Municipal (Victory) Stadium, the National Guard Armory and the Athletic Grounds in Maher Field were opened in the City Manager's Conference Room by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recom- mendation to the Council through the City Manager; and WHEREAS, the City Manager concurs in the committee's report and has direc the same to Council recommending award of the concession privileges as herein- after provided; and the Council considering all the same, has determined that the bid hereinafter accepted is the best bid meeting the City's specifications made for the award of such privileges, and should be accepted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Robe E. Stone trading as Stone's be and is awarded concession privileges to be exercised at Roanoke Municipal (Victory) Stadium, the National Guard Armory and the Athletic Grounds in Maher Field for the period commencing as of September 1, 1976, and :ed :t 144 ending December 31, 1977, with an option to renew for two additional years provided that the Concessionaire conducts his business in a manner, which in the judgment of the City Manager, reflects credit upon the City of Roanoke, in consideration of which said concessionaire shall pay to the City the sum of $20.00 per month or 33% of the gross sales, whichever is larger; all in full accordance with the City's specifications made therefor, and with said concession- aire's proposal which is on file in the office of the City Clerk, and the City Manager is hereby authorized and directed, for and on behalf of the City, to enter into and execute a 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 was made, said contract to be, otherwise, on such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that the other bid received by the City for the award of the aforesaid concession privileges be, and said other bid is hereby REJECTED; the City Clerk to so notify said other bidder and to express the City's appreciation for the submission of said bid. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1976. No. 23191. A RESOLUTION expressing confidence in Byron E. Haner as City Manager of the City of Roanoke. WHEREAS, the Council realizes the concern of certain citizens of the City in the increased costs and growing complexities of local government, resultin¢ from numerous reasons, included in which are the transitional effects of enlargemel of the City's corporate boundary, attempts to make more efficient the organization of the City's administrative service, inflationary effects on property valuations coupled with a long-delayed increase of the rate of local tax on taxable propertie~ and, also, possible unintentional errors of judgment in some few instances in administration of the day-to-day affairs and services of the City; and WHEREAS, large part of that concern appears to have been directed at the City's city manager when, in fact, the greater part of the matters complainE of relate to things beyond control of said city manager or are directed to areas of local government in which said city manager is only indirectly involved, although not to say that some unintentional errors in judgment or implementation of policy, committed within reasonable bounds, may not have been made by said manager and by others in the administrative service of the City. 145 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body, while fully recognizing and appreciating the concerns of citizens in assuring for the City of Roanoke the ultimate in efficient, economic, prompt, courteous and understanding administration of all of the affairs of the City under control of its city manager, Byron E. Haner, expresses confidence in said city manager's integrity and loyalty to the City of Roanoke, and in his capacity to efficiently administer the affairs and operation of the City under the policies and guidelines established by this Council for its management and operation. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1976. No. 23192. AN ORDINANCE to amend and reordain Section 90714, "Sheriff," of the 1976-77 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 90714, "Sheriff," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SHERIFF 90714 Other Services and Charges (1) .......... $6,420.00 Not previously appropriated (1) Net increase ..... $4,975.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1976. No. 23193. AN ORDINANCE to amend and reordain Section 90403, "Commissioner of Revenue," of the 1976-77 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. 146 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 90403, "Commissioner of Revenue," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMISSIONER OF REVENUE 90403 Personal Services (1) ............. $171,556.00 Reduction (1) Net decrease $3,731.00 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 August, 1976. No. 23194. A RESOLUTION approving and accepting Amendment No. 1, dated March 31, 1976, to the City's Environmental Protection Agency Grant Agreement for Murray Run Sanitary Sewer Interceptor Project No. C-510473-01; and authorizing the City Manager to execute requisite copies of such amendment as evidence of the City's acceptance of the same. WHEREAS, the Environmental Protection Agency has prepared and submitted to the City an amendment, prepared as Amendment No. 1, dated March 31, 1976, to the Grant Agreement between the City and the United States of America, Environ- mental Protection Agency, for Murray Run Sanitary Sewer Interceptor Project No. C-510473-01, by the terms of which amendment the maximum amount of the obligation of the United States under said Grant Agreement would be reduced from $375,000.00 to $349,270.00; and WHEREAS, the terms of the proposed amendment are acceptable to the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That said City of Roanoke does hereby approve and accept Amendment No. 1 to the Grant Agreement between the City and the United States of America, Environmental Protection Agency, for the City's Murray Run Sanitary Sewer Inter- ceptor Project No. C-510473-01, such amendment to said Grant Agreement being on file in the office of the City Clerk. 2. That Byron E. Haner, the City Manager of the City of Roanoke, be, and he is hereby authorized and directed to execute on behalf of the City the aforesaid Amendment No. 1 to Grant Agreement for Project No. C-510473-01, in the manner provided, as evidence of the City's acceptance of said Amendment No. 1, dated March 31, 1976. APPROVED ATTEST: 147 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of'August, 1976. No. 23195. A RESOLUTION approving and accepting Amendment No. 1, dated June 8, 1976, to the City's Environmental Protection Agency Grant Agreement for Trout Run Sanitary Sewer Interceptor Project No. C-510493-01; and authorizing the City Manager to execute requisite copies of such amendment as evidence of the City's acceptance of the same. WHEREAS, the Environmental Protection Agency has prepared and submitted to the City an amendment, prepared as Amendment No. 1, dated June 8, 1976, to the Grant Agreement between the City and the United States of America, Environmental Protection Agency, for Trout Run Sanitary Sewer Interceptor Project No. C-510493-01, by the terms of which amendment the maximum amount of the obligation of the United States under said Grant Agreement would be increased from $540,220.00 to $669,000.00; and WHEREAS, the terms of the proposed amendment are acceptable to the City. as follows: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 1. That said City of Roanoke does hereby approve and accept Amendment No. 1 to the Grant Agreement between the City and the United States of America, Environmental Protection Agency, for the City's Trout Run Sanitary s~Wer Interceptor Project No. C-510493-01, such amendment to said Grant Agreement being on file in the office of the City Clerk. 2. That Byron E. Haner, the City Manager of the City of Roanoke, be, and he is hereby authorized and directed to execute on behalf of the City the aforesaid Amendment No. 1 to Grant Agreement for Project No. C-510493- 01, in the manner provided, as evidence of the City's acceptance of said Amendment No. 1, dated June 8, 1976. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1976. No. 23196. A RESOLUTION approving the City Manager's issuance of Change Order No. 2 in connection with the City's contract with Acorn Construction Company, Ltd., dated May 27, 1976, for alteration to the City's courthouse building and the courtrooms and judges' chambers situate in said building by providing for additional alterations for an additional cost of $964.00. 148 WHEREAS, the City Manager, in report to the Council dated August 23, 1976, has recommended that the Council approve the issuance of a change order to the City's contract with Acorn Construction Company, Ltd., for alterations to the City's courthouse building and the courtrooms and judges' chambers situate in said building, authorizing said contractor to make additional alterations at an additional cost of $964.00, and authorizing three (3) additional working days for the completion of said alterations, after the date of delivery of the necessary materials, in which recommendation this Council concurs; and WHEREAS, sufficient funds to pay the additional amount of such contract have heretofore been appropriated. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 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 Acorn Construction Company, Ltd., dated May 27, 1976, for alteration to the City's courthouse building and the courtooms and judges' chambers situate in said building, so as to provide for additional alterations to Room 302 in the City's courthouse for an additional cost to the City of $964.00, making for a new contract sum of $16,464.00 and providing for three (3) additional working days for the completion of said alterations after the date of delivery of the necessary materials. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1976. No. 23197. AN ORDINANCE to amend and reordain Section #2405, "Capital Outlay From Bond Funds," of the 1976-77 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 Section ~2405, "Capital Outlay From Bond Funds," of the 1976-77 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM BOND FUNDS 42405 Plant Expansion (1) .............. $1,351,536.87 Not previously appropriated (1) Net increase $60,000.00 149 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1976. No. 23198. A RESOLUTION authorizing that certain real properties of the City be con- sidered surplus real estate of the City and offered for sale along with certain other surplus real estate. WHEREAS, the Water Resources Committee, in report to the Council on August 23, 1976, has recommended that certain former public school properties and certain other properties of the City formerly used for administrative purposes are no longer needed for such purposes; should be considered surplus real estate; and should be authorized to be sold; and WHEREAS, the Council, considering the report, concurs in the recommendati~ of said committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the following real estate of the City, namely: the former Park View School property, former Jamison Elementary School property, the former .Williamson Road signal shop property, and the former Campbell Avenue garage and warehouse property, be and said properties are surplus to the needs of the City and should be disposed of. BE IT FURTHER RESOLVED that all such properties be placed upon the list of surplus real'estate and be offered for sale by the City, except that the Campbell Avenue garage and warehouse property not be sold until the buildings located there are razed by the City. APPROVED ATTEST: City Clerk Mayor }ns 150 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1976. No. 23199. AN ORDINANCE to amend and reordain Section %1480, "Libraries," of the 1976"77 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 %1480, "Libraries," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIBRARIES %1480 Materials and Supplies (1) ............ $218,319.00 Not previously appropriated (1) Net increase $1,317.00 *Total amount of State Library Board grant $51,317.00 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 August, 1976. No. 23200. A RESOLUTION expressing the Council's appreciation to the members of Co. B., 4th Engr. Bn., of the United States Marine Corps Reserve for their construction of a road at the Carvins Cove watershed. WHEREAS, the City Manager in report dated August 16, 1976, requested an expression of appreciation by this Council to the local Marine reserve unit for their work in the construction of a road in the Carvins Cove Watershed. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council extends its appreciation to the members of Co. B., 4th Engr. Bn., of the United States Marine Corps Reserve for their construction of a road at the Carvins Cove Watershed, which construction was done in a professional manner befitting the tradition and espirit de corps of the United States Marine Corps. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to transmit an attested copy of this resolution to the Commanding Officer of Co. B., 4th Engr. Bn., of the United States Marine Corps Reserve. APPROVED ATTEST: 151 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1976. No. 23201. AN ORDINANCE providing for furnishing the City three (3) police motor- cycles, by accepting a certain proposal made therefor; and providing for an emergency. WHEREAS, on August 10, 1976, and after due and proper advertisement have been made therefor, one (1) bid for the sale to the City of three (3) police motorcycles, hereinafter mentioned, was opened in the office of the City Manager's Conference Room by three members of a committee appointed for the purpose, and thereafter was tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending award of the contract as hereinaf provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest, best and only bid fully meeting the City's specifications therefor, made to the City for the supply of said equipment and that funds sufficient to pay for the purchase price of said equipment have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of Butterfield's Harley-Davidson, Inc., to furnish and deliver to the City three (3) police motorcycles for a gross price of $11,755.23 to be paid by the City to said Butterfield's Harley-Davidson, Inc., upon delivery of the vehicles f.o.b. , Roanoke, in accordance with the City' s specifications and requirements made therefor and with said bidder's written proposal made to the City, be, and said proposal is hereby ACCEPTED; and 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 the appropriate purchase order to said company in accordance herewith and subject to the above mentioned specifications and requirements. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: ? City Clerk Mayor ~er 1.52 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1976. No. 23204. AN ORDINANCE amending Ordinance No. 23033, adopted June 23, 1976, so as to amend and reordain Sec. 30. Same .-.Investigation of a~licant; fee; issuance or refusal, of Chapter 1, Title XIX, of the Code of the City of Roanoke, 1956, as amended, to provide for a $5.00 fee for a taxi driver permit, the application of said fee to be retroactive to July 1, 1976; and providing for an emergency. WHEREAS, this Council by Ordinance No. 23033, adopted June 23, 1976, amended the aforesaid section of the City Code to provide for an increase of taxi driver permit fees from $5.00 to $25.00; and WHEREAS, the City Manager, in a report to this Council dated August 16, 1976, recommended reduction of the taxi driver permit fee back to $5.00 for reasons cited in his report, in which recommendation this Council concurs; and WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist and that this ordinance should take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordi. nance No. 23033, adopted by this Council on June 23, 1976, be amended so that Sec. 30. Same - Investigation of applicant; fee; issuance or refusal, of Chapter 1, Title XIX, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: Sec. 30. Same - Investigation of applicant; fee; issuance or refusal. The superintendent of police shall make investigation, including such examination and hearings as he may deem proper, touching the qualifications and fitness of the applicant to operate a public vehicle. If he be satisfied that the applicant is of the age of twenty-one years or more; is of sound physique with good eyesight and not subject to epilepsy, vertigo, heart trouble, or any other bodily or mental infirmity which might render him unfit for the operation of a public vehicle; is able to read and write the English language; is clean in dress and person and not addicted to the use of intoxicating liquors or drugs; is qualified by his knowledge of the traffic laws of the state and the traffic ordinances, including ordinances of the city, and is other- wise bodily, mentally and morally fit to operate a public vehicle, the superintendent of police shall upon the payment of a fee of five dollars to the City Treasurer issue to applicant a vehicle driver's license and an identification card containing a photographic likeness of the applicant, which card shall be posted in the public vehicle while the applicant is in charge thereof. The superintendent of police shall require of the applicant such medical examination and certificates and photographs as he may deem proper. If the superin- tendent of police be not satisfied as to the qualifications and fitness of the applicant to operate a public vehicle, he shall refuse to issue such public vehicle driver's license. ~ BE IT FURTHER ORDAINED that the application of the five dollar ($5.00) fee imposed by the aforesaid section be retroactive to July 1, 1976. BE IT FINALLY ORDAINED that an emergency existing, this ordinance be in effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1976. No. 23205. A RESOLUTION designating A. N. GIBSON as Trustee for the Mill Mountain Wild Flower Garden Fund; upon certain terms and conditions. WHEREAS, the Mill Mountain Garden~ Club wishes to develop on Mill Mountain a decorative pond and waterfall as part of the Mill Mountain garden plan; and WHEREAS, the Club has raised certain funds for such pond and waterfall and expects to raise additional funds for such purpose in the future and has requested the City Council to designate a trustee to receive, hold and disburse such funds for the development of such decorative pond and waterfall; and WHEREAS, the Council concurs in the request of the Mill Mountain Garden Club. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that A. N. GIBSON, Director of Finance of the City of Roanoke, be and he hereby is designated "Trustee for the Mill Mountain Wild Flower Garden Fund", upon the condition that such funds be received, held and disbursed in and from a separate account, separate and apart from funds of the City of Roanoke, such disbursements to be made only for the purpose of development of the decorative pond and waterfall as a part of the garden plan on Mill Mountain. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1976. No. 23206. A RESOLUTION appointing a member of the Local Board of Virginia Western Community College to fill the unexpired term of Shields Johnson, deceased, as a member of said Board. BE IT RESOLVED by the Council of the City of Roanoke that Maury L. Strauss, a. resident of the City of Roanoke and representative of the commercial, industrial and professional interests and activities of said City and of the region served by Virginia Western Community College, be and is hereby appointed member of the Local Board of Virginia Western Community College, to fill the vacancy created on said Board by the death of Shields Johnson, member of said Board who was heretofore appointed for a four-year term of office, commencing July 1, 1974. BE IT FURTHER RESOLVED by this Council that the City Clerk 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of August, 1976. No. 23202. AN ORDINANCE authorizing and directing the proper City officials to execute and deliver a certain deed of easement to the Chesapeake and Potomac Telephone Company of Virginia. WHEREAS, the City Manager has recommended, by report dated August 16, 1976, the granting of the easement herein authorized in order that the Chesapeake and Potomac Telephone Company of Virginia may make available telephone facilities for Mill Mountain, in which recommendation this Council concurs. THEREFORE, 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 written indenture to the Chesapeake and Potomac Telephone Company of Virginia, conveying unto said Company a public utility easement, with the right, privilege and authority to said corporation, its successors and assigns, to install, operate and maintain telephone utility lines, said easement situate in the City of Roanoke on the south side of Lake Street, S. W., the location of said easement being shown on Plan No. 5533, prepared by the Office of the City Engineer, dated August 10, 1976, and entitled "Plat Showing a 15' Public Utility Easement to be Dedi- cated to the Chesapeake and Potomac Telephone Company", a copy of which is on file in the Office of the City Engineer, for the nominal consideration of $1.00 for said deed of easement, and after the form of such indenture shall have been approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor 155 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of August, 1976. No. 23203. AN ORDINANCE amending Ordinance No. 23022, adopted June 28, 1976, authorizing and providing for an amendment to the City's Lease and Concession Agree ment dated August 1, 1973 with American Motor Inns, Incorporated, for the operation of catering and concession services at the Roanoke civic Center, by extending the term of said agreement to and including July 31, 1979, and providing for the percentages to be paid to the City for the privilege of providing catering services and concession services respectively, by amending paragraph (2) (a) thereof. WHEREAS, the Council has been advised by the City Manager in report dated August 16, 1976, that Ordinance No. 23022, adopted June 28, 1976, should be amended by deletion of the word telephone in paragraph (2) (a) thereof by reason of the fact that American Motor Inns, Inc., provides and pays for its own telephone service at the Civic Center and such service should not be computed as part of the City's utility costs at the Civic Center. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 23022 be and it hereby is amended and reordained to read and provide as follows: The Council of the City of Roanoke agrees that that certain written agree ment between said City of Roanoke and American Motor Inns, Inc., be extended for two (2) additional terms of two (2) consecutive calendar years, the first commenc- ing as of the 1st day of August, 1975, and terminating July 31, 1977, and the second commencing as of the 1st day of August, 1977, and terminating July 31, 1979, upon the following terms, conditions and provisions; to-wit: 1. That American Motor Inns, Inc., shall agree to pay to the City for the entire period of the extended term commencing August 1, 1975, and terminating July 31, 1977, a fee for the privilege of providing catering services hereinabove mentioned at the rate of twelve percent (12%) of the gross receipts realized from such catering services and shall further agree to pay for such period a fee for the privilege of operating concession services hereinabove mentioned at the rate of twenty-nine and five-tenths percent (29.5%) of the gross receipts realized from such concession services. 2. That American Motor Inns, Inc., shall further agree to pay to the City for the entire period of the extended term commencing as of August 1, 1977, and terminating July 31, 1979, fees for the privileges granted of no less than the percentages set out in paragraph (1) above; provided however, that American Motor Inns, Inc., further agrees that such fee may be adjusted at the option of the City in accordance with the following procedure: (a) The total utility bill costs of the Civic Center for the year July 1, 1976, through June 31, 1977, shall be determined. Costs shall include the amounts paid by the City or chargeable to the Roanoke Civic Center for electricity, natural gas, fuel oil, water and sewage treatment, including all applicable taxes actually paid by the City. 156 (b) The total utility bill costs of the Civic Center for the year July 1, 1974, through June 30, 1975, shall be determined in the same manner as described in (a) above. (c) (1) If the utility costs determined for 1976-77 are less than the utility costs determined for the year 1974-75, there shall be no rate adjustment. (2) If the utility costs determined for 1976-77 exceed the utility costs determined for 1974-75, then the difference in the total costs determined above shall be expressed as a percentage of the total costs for the year July 1, 1974 through June 30, 1975. (d) The percentage determined in (c) (2) above shall be multiplied by 0.01. The resulting product, to the nearest tenth, shall be added to the per- centage of gross receipts for catering services and to the percentage of gross receipts for con- cession services payable to the City. BE IT FINALLY ORDAINED that the City Manager is hereby authorized and directed to execute an addendum to the said written agreement providing for such extension, the same to be upon form approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of August, 1976. No. 23210. AN ORDINANCE to amend and reordain Section #15000, "Schools-Adult Basic Education," of the 1976-77 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Goverrument 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 #15000, "Schools - Adult Basic Education," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - ADULT BASIC EDUCATION #15000 Supervisor (1) .................... $ 1,848.00 Counselor (2) ..................... Clerical (3) ...................... Administrative Travel (4) ......... Other Related Expenses (5) ........ Teachers (6) ...................... Aides (7) ......................... Fixed Charges (8) ........ Instructional Trav~ '(~i .~ .~.~--~ Instructional Supplies (10) ....... 871.00 200.00 75.00 310.00 8,016.00 2,520.00 807.00 100.00 1,215.00 TOTAL $15,962.00 157 Not previously appropriated (1) Net increase (2) Net increase (3) Net ~ncrease. (4) Net lncrease. (5) Net increase (6) Net ~ncrease (7) Net ~ncrease (8) Net ~ncrease (9) Net ~ncrease (10) Net increase $1,848.00 871.00 200.00 75.00 310.00 8,016.00 2,520.00 807.00 100.00 1,215.00 *$12,462.00 to be reimbursed by federal funds, $3,500.00 local matching funds to be transferred from Account 11196 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of August, 1976. No. 23211. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of John E. Gardner, Jr., to permanently vacate, discontinue and close a portion of that cer- tain alleyway extending in a westerly direction between Block 14, Exchange Buildin¢ and Investment Company Map, and Block 1, Janette Land Company Map; 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 August , 1976, duly and legally publish as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of his application to be made this day to the Council of the City of Roanoke, Virginia, to close the hereinafter described alley, the publication of which was had by posting a copy of the notice on the front door of the Courthouse in the City of Roanoke, Virginia, (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance), and at 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 addressed to the Council requesting that the hereinafter described alley portion 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 portion of that certain alleyway; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinafter described alley 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. 158 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. Dewey H. Marshall, Harry Whiteside, Jr., Dale Poe, R. R. Quick, and C. F. Kefauver, any three of whom may act, be, and they are hereby, appointed as viewers to view the following described alleyway and report in writing, pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing the same, namely: BEGINNING at a point on the westerly line of Franklin Road, said point of BEGINNING being 132.16 feet, more or less, in a southerly direction measured along the westerly line of Franklin Road from its intersection with the southerly line of Woods Avenue; thence with the southerly lines of Lots 13, 12, 11, 10, 9, 8 and 7, Block 14, Exchange Building & Investment Company Map, 314.16 feet, more or less, to a point, said point being the southwesterly corner of Lot 7, Block 14, according to the aforesaid map; thence with a line extended in a southeasterly direction from the southwesterly corner of the aforesaid Lot 7 across the alley to the northwesterly corner of Lot 6, Block 1, according to the Janette Land Company Map; thence with the northerly lines of Lots 6, 5, 4, 3, 2 and 1, Block 1, Janette Land Company Map, 300.08 feet, more or less, to the westerly line of Franklin Road; thence with the aforesaid line of Franklin Road across the alley to the PLACE OF BEGINNING, reference is hereby made to Appraisal Map of the City of Roanoke, Virginia, Sheet No. 103. BE IT FURTHER RESOLVED that the aforesaid application to permanently vacate, discontinue and close the within described portion of that certain alleyway extending in a westerly direction between Block 14, Exchange Building & Investment Company Map, and Block 1, Janette Land Company Map, 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 30th day of August, 1976. No. 23212. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: 159 COMPREHENSIVE EMPLOYMENT AND TRAINING ACT Summer Youth Recreation Program (1) ...$14,338.55 Not previously appropriated (1) Net increase $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 30th day of August, 1976. No. 23213. AN ORDINANCE amending Ordinance No. 23033, adopted June 23, 1976, so as to amend and reordain Sec. 31. Same - Form; duration; renewal., of Chapter 1, Title XIX, of the Code of the City of Roanoke, 1956, as amended, to provide for a $5.00 fee for a taxi driver license renewal, the application of said fee to be retroactive to July 1, 1976; and providing for and emergency. WHEREAS, this Council by Ordinance No. 23033, adopted June 23, 1976, amended the aforesaid section of the City Code to provide for an increase of taxi driver license renewal fees from $2.00 to $10.00; and WHEREAS, the City Manager, in a report to this Council dated August 30, 1976, recommended reduction of the taxi driver license renewal fee to $5.00 for reasons cited in his report, in which recommendation this Council concurs; and WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist and that this ordinance should take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 23033, adopted by this Council on June 23, 1976, be amended so that Sec. 31. Same - Form; duration; renewal., of Chapter 1, Title XIX, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: Sec. 31. Same - Form; duration; renewal. The license issued to the applicant shall be issued in such form as to contain the photograph and signature of the licensee and blank spaces upon which records shall be made of arrest of, or may be made of complaints against him, and no offi- cial record made upon such license shall be erased or obliterated. Such licenses shall be issued as of the first day of January of each year, and shall be effective to and including the thirty-first day of December of each year, unless sooner suspended, revoked or cancelled. Such license may be renewed from year to year by the superintendent of police by appropriate endorsements thereon; the fee for each renewal shall be five dollars payable to the city treasurer. 160 BE IT FURTHER ORDAINED that the application of the five dollar ($5.00) renewal fee imposed by the aforesaid section be retroactive to July 1, 1976. BE IT FINALLY ORDAINED that an emergency existing, this ordinance shall be in effect upon its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of August, 1976. No. 23214. A RESOLUTION approving certain emergency action of the City Manager, taken to repair the Norfolk Avenue storm drain. WHEREAS, the City Manager has reported in writing to the Council on August 30, 1976, pursuant to the provisions of Sec. 41 of the Roanoke Charter, of the immediate necessity to take certain measures to repair the Norfolk Avenue storm drain, the condition of said storm drain constituting an emergency requiring immediate action, and that he has taken certain actions providing for the employ- ment of the .necessary labor and purchase of the necessary materials and supplies to repair said storm drain without previously advertising or receiving bids therefor; and WHEREAS, there have been appropriated funds sufficient to pay for the estimated cost of the repairs so ordered or contracted for by the City Manager in order to repair said storm drain, to-wit, the sum of $44,940.00. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 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 repair the Norfolk Avenue storm drain as set out in his August 30, 1976 report to this Council; and said Council doth hereby expressly approve the execution by the City Manager on behalf of the City of a contract with Armco Corporation, provid- ing for Armco Corporation to furnish all the necessary work, labor, equipment and machinery and materials to immediately make necessary repairs to the Norfolk Avenue storm drain, Armco Corporation to be compensated therefor by the City, the aggregate sum of such compensation, however, not to exceed $44,940.00. BE IT FURTHER RESOLVED that, as provided by the Charter, separate account be kept of all such foregoing work and expenditures, and that later report be made back to the Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of August, 1976. No. 23215. AN ORDINANCE authorizing the City Manager to engage the temporary services of Mill Mountain Zoo, Inc., to temporarily assist in the operation of the City's Mill Mountain Children's Zoo, upon certain terms and provisions; and providing for an emergency. WHEREAS, the City intends to close on September 6th for the season, at least, the Mill Mountain Children's Zoo, and Mill Mountain Zoo, Inc., a nonprofJ organization, created for the purpose, intends to take over operation of said zoo as of October 1, 1976, under other agreement with the City but desires that there be no interruption in such operation nor in provisions made for properl5 housing and feeding the animals at said zoo; and the city manager has recommended that he be authorized to contract with said corporation for assistance in the operation of the zoo for the intervening period; and WHEREAS, for the usual daily operation of the municipal government, an emergency is deemed to exist and that this ordinance should take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and is hereby authorized and empowered to enter into written agreement, upon form approved by the City Attorney, with Mill Mountain Zoo, Inc., providing that Mill Mountain Zoo, Inc. will, on and after September 7, 1976 and until October 1, 1976, assist in the operation and maintenance of the Mill Mountain Children's Zoo and will provide and pay for, as said corporation's employees, one (1) grounds keeper for the maintenance of said property and the necessary gate keeper or gate keepers for attending to and controlling admissions to said children's zoo; and, further, will provide all necessary animal foods, medications and maintenance materials other than what may be on hand owned by the City and as are necessary for the proper housing, feeding and maintenance of the animals at said zoo and for maintenance of the equipment, machinery and fixtures used in the operation of said zoo; and, in consideration of its aforesaid services, Mill Mountain Zoo, Inc., shall be entitled to receive and retain all proceeds derived from gate receipts from admissions to said zoo during the aforesaid period of time. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor 162 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of August, 1976. No. 23218. AN ORDINANCE authorizing certain contracts to be entered into with certain hospitals to provide hospitalization and treatment of indigent or medical] indigent patients; fixing certain rates to be paid for such services during Fiscal Year 1976-1977; and providing for an emergency. WHEREAS, the City Manager has advised the Council by report dated August 30, 1976, that the State Department of Welfare and Institutions has established certain new rates for the treatment by hospitals of indigent and medically indigent patients, to be effective July 1, 1976, and thereafter during the City's Fiscal Year 1976-1977, and contracts have been prepared on Standard Form SLH-H-1158, Rev. 6/71, to be entered into between the City and each hospital hereinafter named establishing and fixing the rates to be effective with each said hospital as hereinafter set out for services so rendered after said date; and WHEREAS, funds have been appropriated by the Council in amounts deemed sufficient to pay the costs estimated to be incurred by the City under each said contract and, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance be effective upon its passage and retroactive in its effect to July 1, 1976. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to agree and enter into contract with each of the hospitals hereinaft mentioned, on Standard Form of Contract SLH-H-1158, Rev. 6/71, approved by the State Department of Welfare and Institutions, providing for said hospital's hospitalization and treatment and inpatient care of the City's indigent and medically indigent patients at the following daily rates, commencing as of July 1, 1976, viz: Burrell Memorial Community Hospital Gill Memorial Medical College of Virginia Roanoke Memorial Hospital Roanoke Memorial Rehabilitation center University of Virginia Lewis-Gale Hospital 1976-1977 Rates $ 94.20 $ 83.94 $ 105.79 $ 120.19 $ 95.52 $ 95.52 $ 120.19 $ 97.54 BE IT FURTHER ORDAINED that each aforesaid contract provide, further, for the City's payment for out-patient and/or emergency room service for its indigent or medically indigent patients at the all-inclusive rate of $12.00 per visit. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be effective upon its passage and shall be retroactive in its effect to July 1, 1976. APPROVED ATTEST: ~r IN THE COUNCIL OF T~E CITY OF ROANOKE, VIRGINIA, The 30th day of August, 1976. No. 23219. AN ORDINANCE to amend and reordain Section #0102, "Clerk," of the 1976-77 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 90102, "Clerk," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CLERK 90102 Materials and Supplies (1) ........ $11,100.00 Not previously appropriated (1) Net increase $100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of August, 1976. No. 23220. AN ORDINANCE authorizing the City's offer to purchase from the Edgewood Water Works Company, assets of its private water system located in the north- western section of the City for a consideration of $10,000.00, upon certain terms and conditions; and providing for an emergency. WHEREAS, the Water Resources Committee, in report dated August 30, 1976, has recommended that the City offer to purchase certain physical and real assets of the Edgewood Water Works Company, located and doing business as a private water company in an area in the northwestern section of the City, upon the terms and conditions hereinafter provided, in which recommendation the Council con- curs; and WHEREAS, funds sufficient to pay the purchase price of the water system authorized to be purchased have been heretofore appropriated for the purpose; and it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be and are hereby authorized and empowered to offer to purchase for the City for a consideration of $10,000.00, from the Edgewood Water Works Company, assets of its private water system located in the northwestern section of the 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, but expressly excluding well lots, well houses, wells and pumps of said company located 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 encum- brances and upon the further condition that the Edgewood Water Works Company relinquish its franchise to sell water in the City of Roanoke to the State Corporation Commission and that the City retains the right to operate the wells of the Edgewood Water Works Company in the City until the connections are made from said company's customers located in the City to the City's water system, said period of time, however, not to exceed ninety days. BE IT FURTHER ORDAINED that an emergency existing 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 30th day of August, 1976. No. 23221. AN ORDINANCE amending and reordaining Sec. 8.,.Chapter 2, Title III of th Code of the City of Roanoke, 1956, relating to the City's Police and Fire Pension System, so as to transfer the administration of the Pension System for certain members of the police and fire departments provided for in aforesaid Chapter 2, to the Board of Trustees of the City's Employees' Retirement System provided for in Chapter 1, Title III of said Code; and providing for an emergency. WHEREAS, the Director of Finance has heretofore advised the Council that the responsibility of the Police and Fire Pension Board, established pursuant to Title III, Chapter 2, Sec. 8. Creation of pension board, of the aforesaid code, are presently being discharged by the Board of Trustees, Employees' Retirement System established by Title III, Chapter 1, Sec. 5. Administration, and recom- mending that the City code be amended to conform to the practices presently existing, in which recommendation Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title III, Chapter 2, Sec. 8. Creation of pension board, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: 165 Sec. 8. Administration of police and fire pensions by Board of Trustees, Employees' Retirement System. The police and fire pension system heretofore established by the Council of the City of Roanoke shall be administered by the Board of Trustees, Employees' Retirement System, estab- lished pursuant to section 5 of chapter 1 of this title. BE IT FURTHER ORDAINED that an emergency existing, 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 30th day of August, 1976. No. 23222. A RESOLUTION authorizing waiver to the Roanoke Valley Shrine Club of payment of admissions taxes and rental charges for the use of Victory Stadium on September 10, 1976. WHEREAS, the Roanoke Valley SD_tine Club, sponsoring a football game between the teams of Patrick Henry High School, of Roanoke, and of George Washingto High School, of Danville, 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 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 September 10, 1976, to be held at said facility. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy hereof to Messrs. C. E. Cuddy and Barry N. Lichtenstein, representatives of the aforenamed Club. ATTEST: City Clerk APPROVED Mayor 166 IN THE COUNCIL. OF T~E CITY OF ROANOKE, VIRGINIA, The 30th day of August, 1976. No. 23223. AN ORDINANCE amending Ordinance No. 20122 adopted February 28, 1972, which authorized the City Manager to engage certain engineering services for the design and supervision of construction, in two or more phases, of certain new facilities at the City's sewage treatment plant, by providing for the preparation of an operating and maintenance manual for said sewage treatment plant; upon certain terms and provisions; and providing for an emergency. WHEREAS, the City is engaged upon a program of expansion and improvement of its sewage treatment plant and related facilities, after approval of the plans thereof by the State Water Control Board and upon appropriate funding thereof by said Board and other participating governmental agencies; and WHEREAS, Alvord, Burdick and Howson, Engineers, have, by written proposal dated July 30, 1976, on file in the Office of the City Clerk, agreed to an amendment to their contract with the City dated March 15, 1972, providing the necessary engineering design and specifications for such improvements and providing on-site supervision of the construction of the same as the several phases of the proposed construction are approved by said Board and ordered by the City, which amendment would provide for the preparation of an operating and maintenance manual for the City's sewage treatment plant, at a cost not to exceed $60,000.00; and WHEREAS, the City Manager by report to this Council dated August 23, 1976, requested authorization to enter into such an amendment to the City's afores~ contract with Alvord, Burdick and Howson, Engineers; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 20122 adopted February 28, 1972, which authorized the City Manager to engage certain engineering services for the design and supervision of construct~ in two phases, of certain new facilities at the City's Sewage Treatment Plant, be amended to authorize the City Manager to enter into an amendment, on form approved by the City Attorney, to the City's contract for the aforesaid services with Alvord, Burdick and Howson, Engineers, dated March 15, 1972, to provide for the preparation for the City of ten (10) copies of an operating and maintenanc~ manual for the City's Sewage Treatment Plant at a cost to the City not to exceed $60,000.00, with the operations section of said manual to be completed in four (4) months from the date of said amendment and the maintenance section of said manual to be completed in ten (10) months from the date of said amendment. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall take effect upon its passage. APPROVED ATTEST: on, 167 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of August, 1976. No. 23224. A RESOLUTION relating to the old Crystal Spring Pumping Station and Snow steam pump, and to the restoration of them as referred to in Ordinance No. 22840. WHEREAS, it was provided by this Body in Ordinance No. 22840 adopted April 12, 1976, that the City accept "the proposal made to the Council by the Roanoke Valley Historical Society and the Roanoke Valley Bicentennial Commission that interested citizens and organizations of the City and other participating with them and those two first-named organizations be allowed to undertake the restoration and renovation of the City's old brick Crystal Spring Pumping Station building at Crystal Spring including renovation and, hopefully, devising a practica. means of activating the external parts of the seventy-one year old steam-powered Snow water pump located in said building, as a community Bicentennial project to be accomplished during this 200th year of American Independence, in a manner so that, upon accomplishment, it will be and remain an historic relic of the early years of the City of Roanoke, to be visited and enjoyed by residents of and persons visiting the'City, interested in viewing the old water pumping station and the simulated operation of that old example of water works machinery", and that, should such efforts be successfully accomplished without budgeted costs to the City, the City would, at such time as the project might be completed and made ready for use by the public, accept the same and incorporate it into the City's overall system of places maintained for public enjoyment, recreation and general welfare of the residents of and visitors to the City and make possible that it be kept open, maintained and attended, in proper season and upon such schedule of days and hours as, by experience, meets the desire of the public to visit the same; and WHEREAS, on August 22, 1976, and the restoration having been substantiall accomplished through the efforts of numerous individuals and by donation of funds, equipment and supplies by.numerous other individuals, firms and organizations interested in accomplishing the same purposes, which permitted of accurate renovati and restoration of the old Crystal Spring Pumping Station and of the Corliss- type Snow steam engines and pumps located in the building, the machinery now contrived to be operated by an electric motor and friction drive, the facility was opened to the public and demonstrated, and returned back to the City; and WHEREAS, it is the intent of this resolution to acknowledge and recognize all of the aforesaid. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body acknowledges the successful efforts of the individuals, firms and organizations responsible for the restoration of the City's old Crystal Spring Pumping Station and Snow pumps, accomplished as a gift to the City and to the general public in this 200th year of American Independence; and authorizes n 168 the City Manager to take charge thereof and a~range for its use by the public as hereinabove provided and within the limit'of funds p~ovided therefor by appropriation annually made by this Council; the City Manager having discretion to permit authorized representatives of the aforesaid Society and Commission and other responsible individuals interested in contributing to the further restoration of the building, grounds and equipment, to have access thereto for such purposes but under the control of the said City Manager. BE IT FURTHER RESOLVED that the Council of the City of Roanoke expresses to the Roanoke Valley Historical Society, to the Roanoke Valley Bicentennial Commission and to each of the many individuals, firms, corporations and organizati¢ who, working together, have accomplished their desire that the old Crystal Spring Pumping Station and Snow pump machinery be restored and made, for all appearance, operable, the appreciation of this Body and of the residents of the City who may now and in future years benefit from the same; that the City Clerk deliver to the aforesaid Society and said Commission so many attested copies of this resolution as may be requested for their use in transmitting the same to individua2 contributors. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1976. No. 23207. 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 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have 122 Thurston Avenue, N. E., being Lots 25 and 26, Block C, Map of William- son Groves, Official Tax Number 3080917; 126 Thurston Avenue, N. E., being Lots 27 and 28, Block C, Map of Williamson Groves, Official Tax Number 3080918; and 130 Thurston Avenue, N. E., being Lots 29 and 30, Block C, Map of Williamson Groves, Official Tax Number 3080919; rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the herein- after 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 169 WHEREAS, the hearing as provided for in said notice was held on the 30th day of August, 1976, 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. 308 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on the north side of Thurston Avenue, N. E., des- cribed as Lots 25, 26, 27, 28, 29, and 30, Block C, Map of Williamson Groves, designated on Sheet 308 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No(s). 3080917, 3080918, and 3080919, 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 7th day of September, 1976. No. 23209. 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. 111, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke Virginia, to have all of the property located in the City in the 900 Block of Salem Avenue, S. W., and the 900 Block of Rorer Avenue, S. W., described as all of Block 23, F-Rorer Map, Official Tax Nos. 1111502 - 1111508, inclusive, and 1111510 - 1111516, inclusive, rezoned from RG-2, General Residential District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RG-2, General Residential District, to LM, 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, 170 WHEREAS, the hearing as provided for in said notice was held on the 30th day of August, 1976, 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. 111 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located in the 900 Block of Salem Avenue, S. W., and the 900 Block of Rorer Avenue, S. W., described as all of Block 23, F-Rorer Map, desig- nated on Sheet No. 111 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 1111502 - 1111508, inclusive, and 1111510 - 1111516, inclusive, be, and is hereby, changed from RG-1, General Residential District to LM, Light Manufacturing District, and that Sheet No. 111 of the aforesaid map be changed in this respect. ATTES'T: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1976. No. 23216. AN ORDINANCE authorizing execution of an agreement with Mill Mountain Zoo, Inc., providing for lease to and oPeration of the Mill Mountain Childrens' Zoo by said organization for a term of years, upon certain terms and conditions. WHEREAS, the City having planned to terminate operation of the Mill Mountain Children's Zoo at the end of the current season and Mill Mountain Zoo, Inc., a recently formed non-profit organization, having offered to enter into an agreement with the City providing for its lease of the Children's Zoo area and providing for said corporation's continued operation of the Children's Zoo facilities upon the terms hereinafter set out; which proposal is recommended by the City Manager and in which the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and is authorized to enter into written lease agreement on behalf of the City with Mill Mountain Zoo, Inc., upon such form as is approved by the City Attorney but to provide, in general, for the following, viz: 171 1. That the City lease to the said corporation the facility and parcel of land on the top of Mill Mountain known and designated as the Mill Mountain Children's Zoo, together with all of the improvements, equipment, supplies and machinery located thereon excepting only the miniature Zoo Choo train and its facilities and equipment, for a term of one (1) year commencing October 1, 1976, and thereafter from year to year for a term of years not to extend beyond September 30, 1981, each annual renewal from year to year being automatic unless notice of termination be given by the second party to the City at least thirty (30) days prior to expiration of any annual term, said lease and agreement to be subject to termination by the City at any time for cause deemed sufficient by the City Council on thirty (30) days notice and after hearing by the Council on such cause; the lessee to be given reasonable and necessary rights of access to the leased premises over adjacent other property of the City. 2. That there be included in the leased property all equipment, machinery and tools currently used in the operation of the zoo, subject to usual provisions for normal wear and tear; and that the City provide garbage, but not animal refuse pickup, maintain the existing water and electric service systems and provide for the maintenance and trimming of trees and their removal and for tree leaf removal. 3. That the lessee maintain in force and effect throughout the term of said lease public liability insurance with' limits of not less than $100,000.00 per person and $300,000.00 for any one accident, with the City and its officials and employees to be endorsed as additional insureds and a current certificate of such insurance to be maintained on file in the office of the City Clerk, the City, however, to maintain fire insurance on insurable permanent improvements on the leased premises. 4. That the lessee agree to operate and maintain said Children's Zoo except for the services herein specified to be provided by the City and to employ and provide sufficient personnel for the proper operation of said facility. 5. That the City's animals on hand at the commencement of the lease remain the property of the City and not be disposed of by the lessee without written permission of the City Manager, the not to be sold or otherwise transferred from the zoo by the City so long as the premises are subject to said lease; but that all animals born to or sired by the City's animals after such commence- ment and all breeding interests therein or rights thereto shall be the property of the lessee and all animals purchased by the lessee to remain the property of the lessee, it to be the lessee's responsibility, however, to provide adequate care and housing for all animals of either party upon and after commencement of said lease. 6. That the City will permit lessee's expansion of the zoo facilities beyond its present areas provided that such expansion is not deemed by the Council or the City Manager to interfere with or be detrimental to the City's development of Mill Mountain and provided, further, that no such expansion shall take place except after prior written approval of the City Manager. 1'7'2 7. That all permanent improvements, structures and facilities attached to the leased premises by the lessee shall become the property of the City, but that all equipment, machinery and tools purchased or acquired by the lessee for its operation of the zoo and not permanently attached to the real property shall remain the property of the lessee. 8. That the lease and agreement be subject to all existing concession agreements heretofore made by the City and, particularly, be subject to the agreement dated April 10, 1974, between the City and the Roanoke Jaycees, Inc., and that, except for the agreement of April 10, 1974, aforesaid, the lessee shall be entitled to all proceeds otherwise payable to the City by virtue of such existing agreements after the lessee's commencement of operation of the zoo. Further, upon expiration of the existing concession agreements, the lessee shall have exclusive control of all concession sales and revenue therefrom on the leased premises during and subject to the term of said lease. 9. That so long as the lessee shall operate said zoo, neither the City nor said lessee shall claim or receive payment of proceeds from the operation of the Jaycees' Zoo Choo, abovementioned. 10. That all of the City's supplies on hand such as food, animal medications, maintenance materials and the like, normally used in the operation of the zoo may be used and/or expended by the lessee in connection with the operation of the zoo, without payment to the City; and all matters of management, policy and operation of the zoo, including admissions charges, hours of operation and the like shall be within the discretion of the lessee, subject to the rights of the City set out in paragraph 1, hereof, to terminate said agreement, but that the lessee will comply with all general laws and ordinances applicable in the premises and, particularly, with the City's ordinances, rules and regulatio relative to the use of Mill Mountain; and 11. That the lease agreement not be assigned or transferred by the lessee, nor the premises be sublet without the prior approval of the City, express by resolution of its City Council. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1976. No. 23217. AN ORDINANCE authorizing the City Manager to transfer ownership of four (4) pieces of the City's landfill equipment to the Roanoke Valley Regional Solid Waste Management Board upon certain terms and conditions. ~d 173 WHEREAS, the City Manager by report to the Council dated August 30, 1976, requested authority to transfer ownership of four (4) pieces of the City's landfill equipment for use at the Roanoke Valley regional solid waste disposal site in which request this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to transfer ownership of four (4) pieces of the City's landfill equipment to the Roanoke Valley Regional Solid Waste Management Board, upon a bill of sale approved by the City Attorney, said bill of sale to provide for the assignment to the Solid Waste Management Board of any of the City's rights which may be assigned under the purchase option agreements by which the City purchased the said equipment, the four pieces of equipment together with the consideration to be received by the City for the sale of said equipment are set forth as follows, viz: Equipment Description Cat. 977 Track Loader Cat. 816 Compactor Cat. D-8 Bulldozer Cat. Scraper Pan Total Consideration Consideration $ 35,000.00 55,000.00 90,000.00 13,500.00 $193,500.00 APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1976. No. 23225. AN ORDINANCE to amend and reordain Section $1537, "Social Services," of the 1976-77 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 $1537, "Social Services," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SOCIAL SERVICES $1537 General Relief (1) (2) (3) ............ $ Emergency Assistance (4) .............. A.D.C. Foster Care (5) ................ A.D.C. Foster Care (State/Local) (6) .. Foster Care (7) ....................... Blind Purchased Services (8) .......... 507,260.00 12,896.00 471,801.00 1,640.00 642,492.00 8,600.00 Aid to Dependent Children (9) (10) .... 4,832,017.00 Aged (11) ............................. 31,776.00 Materials and Supplies (12) ........... 40,860.00 Disabled Auxiliary Grant (13) ......... 23,208.00 Purchased Services (14) ............... 549,015.00 (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 increase (12) Net increase (13) Net increase (14) Net increase 9,860.00 7,972.00 29,508.00 59,104.00 41,199.00 5,860.00 132,708.00 1,780.00 299,895.00 1,237,568.00 9,860.00 5,860.00 7,972.00 299,895.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED 'ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1976. No. 23226. AN ORDINANCE to amend and reordain Section %1248, "Engineering, Building and Planning," of the 1976-77 Appropriation Ordinance, 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 Section %1248, "Engineering, Building and Planning," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as folloWs, in part: ENGINEERING, BUILDING AND PLANNING ~1248 Other Services and Charges (1) ......... $73,518.63 Not previously appropriated (1) Net increase $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 175 IN THE COUNCIL OF T~LE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1976. No. 23227. AN ORDINANCE amending and reordaining subsection (b) Sick Leave, of 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, making certain provisions for sick leave for certain employees of the city; providing the effective date of the provisions contained herein; and providing for an emergency. WHEREAS, the City Manager and the Director of Finance, in reports to this Council, have recommended that change be made as hereinafter provided for payment in cash of earned sick leave in certain cases of termination of employm~ by the city; with which reports this Council concurs; and WHEREAS, it is necessary for the daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that subsection (b) Sick Leave, of 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, be amended and reordained to read and provide as follows: Sec. 12. Vacations, sick leave and military leave~ (b) Sick Leave. On and after July 1, 1975, and during each fiscal year thereafter all officers and employees (except personnel of the school system, and except con- stitutional officers and employees in their offices, unless conditions hereinafter set forth are met) who receive from the city fifty percent or more of their salaries or wages and after being in continuous service of the city for six months shall, with the exception of paragraph (c) next following, be entitled to sick leave with pay according to the following schedule: Term of Employment Sick Leave Allocation 6 months to 1 year 1 year to 2 years 2 years to 5 years 5 years to 10 years 10 years to 15 years 15 years to 20 years 20 years to 25 years 25 years to 30 years 30 years and over 40 working hours 88 working hours 168 working hours 344 working hours 432 working hours 512 working hours 600 working hours 688 working hours 768 working hours Every such employee who, after one year of contin- uous employment and excepting paragraph (c) next following, utilizes less than 80 working hours of Sick leave in the second or following fiscal year will be permitted to retain the balance, i.e., 80 working hours less the sick leave time taken, as special leave that will be cumulative and may be used as (1) future sick leave upon approval of the employee's department head, (2) vacation leave under special circumstances and when specifically approved by the city manager, (3) the basis for payment, in the same fashion as accumulated vacation leave, upon separation, termination or retirement from city employment on or after June 18, 1976, or (4) credit for length of service at retirement. Every employee will upon written approval of the city manager, be saved harmless from any provable loss of sick leave benefits which may have accrued to such employee under former provisions of this section during the period from January 1, 1975, to June 30, 1975, as a result of the conversion on July 1, 1975 of sick leave from a calendar days basis to a working hours basis. nt 176 The sick leave provided fo~ in this subsection is noncumulative and represents the maximum annual sick leave to which any such employee shall be entitled in any one fiscal year. Thirty-six working hours of sick leave shall be allowed to any such office~ or employee for an injury for which compensation is awarded unde~ the Workmen's Compensation Law. Sick leave shall cover absences from duty only on account of the bona fide illness or physical disablement of officers and employees, and when such absences extend beyond three consecutive working days, the city manager, or the department head designated by him, shall require a certificate from a reputable physician as evidence of such illness or disablement, and at the discretion of the city manager he may also require examination by the City physician whose decision as to illness or disablement of the officer or employee in question may be taken as final by the city manager. Further, the city manager or any such department head may require a certificate from a reputable physician in verification of any number of days of claimed sick leave pay. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk MaTor IN THE COUNCIL OF T~E CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1976. No. 23228. A RESOLUTION requesting Urgent Need Funds for the City's Gainsboro Neighborhood Development Program, Program No. VA. A-6, and its Downtown East Redevelopment Project, Project VA. R-42; and authorizing the City Manager, later to make formal application for the same. WHEREAS, this body is advised of the availability of Federal funds, administered by the Department of Housing and Urban Development, to defray or partially defray the increased cost to localities of their development of certain urban renewal programs and community development projects implemented under Federal law; and WHEREAS, the Gainsboro Neighborhood Development Program, Program No. VA. A-6, and the Downtown East Redevelopment Project, VA. R-42, being two of the several programs and projects undertaken by the City of Roanoke, would appear to qualify for Urgent Needs Funds allocation to be made by the Department of Housing and Urban Development, approximately $2,011,663.00 being needed for financial settlement of said program and project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City of Roanoke does hereby and by this resolution respectfully request the Department of Housing and Urban Development to allocate to the City of Roanoke $2,011,663.00 of Federal funds for Urgent Needs Funding for said settlement 177 of said City's Gainsboro Neighborhood Development Program, Program No. VA. A- 6, and its Downtown East Redevelopment Project, Project VA. R-42; and authorizes the City Manager of the City of Roanoke, later and when appropriate forms and applications are made available, to document the aforesaid request and to apply in the name of said City of Roanoke for allocation of Urgent Needs Funds. BE IT FURTHER RESOLVED that attested copies of this resolution be forthwith transmitted by the City Manager to the Department of Housing and Urban Development, and that a similar copy be transmitted to the City of Roanoke Redevelopment and Housing Authority. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1976. No. 23229. A RESOLUTION relating to Ordinance No. 23146 and to the City's acquisi- tion of a perpetual easement for a portion of a certain storm drain to be acquired from PPG Industries, Inc. WHEREAS, Ordinance No. 23146 adopted August 2, 1976, authorized the City's acquisition from PPG Industries, Inc., of a perpetual easement for a portion of a certain storm drain needed in connection with the construction of the new Jefferson Street Bridge project, and set out the terms of the provisions to be contained therein; and said property owner is agreeable to granting said easement provided there be incorporated the additional provisions hereinafter contained; and WHEREAS, the City Manager has recommended that the Council consent to the provision hereinafter set out. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, amongst the terms provided to be agreed by the City in acquiring the perpetual easement for a portion of the storm drain referred to in Ordinance No. 23146, the City shall agree, further, that the City shall be responsible for any bodily injury, including death and/ or physical property damage arising out of the~ construction of the aforesaid storm drain on the property of PPG Industries, Inc., and that the contractor performing said work shall carry public liability insurance with a contractual endorsement protecting PPG Industries, Inc., in not less than limits of $1,000,000/ $1,000,000 for bodily injury and $1,000,000 for property damage, and that an appropriate certificate frOm the insurance carrier evidencing said coverage shall be'furnished PPG Industries, Inc., prior to commencment of construction on its property; and 178 BE FURTHER RESOLVED that the City Manager require of the aforesaid contractor endorsement on said public liability insurance policy of the City of Roanoke as an additional insured under said policy. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1976. No. 23230. AN ORDINANCE providing for the City's purchase of certain coal requireme] for the period from July 1, 1976 through June 30, 1977; accepting a certain bid made to the City for the supply of the same, rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, on June 25, 1976, after due and proper advertisement had been made therefor, four (4) bids made to the City for the supply of coal requiremer were opened in the office of the City's Manager of Purchasing and Materials Control by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager concurring in the Committee's report has transmitted the same to the Council recommending the award of a contract as herein- after provided and the Council considering all of the same has determined that the bid hereinafter accepted is the lowest and best bid received by the City, meeting the City's specifications for the supply of said coal requirements, and should be accepted; and funds sufficient to pay for the cost of purchasing the same have been appropriated for the purpose; and WHEREAS, for the usual daily operation of the municipal government, it is necessary that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED By the Council of the City of Roanoke as follows: 1. That the bid of Roanoke Coal Sales, Incorporated, to sell and supply to the City its requirements for furnace nut coal for the Period beginning July 1, 1976 through June 30, 1977, at a price of $47.00 per ton, f.o.b., Roanoke, Virginia, be, and said bid is hereby ACCEPTED; and 2. That the bid of Roanoke Coal Sales, Incorporated, to furnish and supply to the City its requirements of stoker coal for the period beginning July 1, 1976 and ending June 30, 1977, at a price of $47.00 per ton, f.o.b. Roanoke, Virginia, be and said bid is hereby ACCEPTED; all of the aforesaid coal to be shipped to and delivered to the various departments of the City and placed in coal bins as required in the specifications, as and when ordered ts ts II 179 by the City's Manager of Purchasing and Materials Control, who is hereby authorizeS! and directed to enter into contract on behalf of the City and to issue requisite ~ purchase orders to the aforesaid coal supplier in accordance with the provisions of this ordinance and as the City's needs for coal occur during the aforesaid period. 3. That all other bids received by the City for the supply of its coal requirements for the aforesaid period be REJECTED, the City to so notify said other bidders and to express the City's appreciation for said bids. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance be in force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1976. No. 23231. AN ORDINANCE to amend and reordain Section 91832, "Contributions and Subsidies," of the 1976-77 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 #1832, "Contributions and Subsidies," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CONTRIBUTIONS AND SUBSIDIES 91832 Humanitarian and Social Programs Contingencies (1) ................ $14,740.00 O.I.C. Non-CETA Training (2) ..... 2,500.00 Transfer (1) Net decrease ............ $2,500.00 (2) Net increase 2,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk ATTEST: Mayor I80 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1976. No. 23232. A RESOLUTION approving issuance of certain building permits pursuant to Sec. 114.10 of the BOCA Basic Building Code/1975, as amended, relating to construction of certain improvements on certain lots being a resubdivision of Lot 8, Block 11, Map of Arrow Wood. WHEREAS, JCM Construction, Inc., representing itself to be owner of the lots of land hereinafter mentioned, situate in a newly annexed area of the City recently reclassified under the City's Zoning Ordinance after its annexation, has applied for the issuance of certain building permits to be applicable to said lots, proposing to build on said lots townhouse units substanti21 ally identical to a number of other units constructed heretofore in this area prior to and following the annexation of said property to the City of Roanoke, said lot and the area immediately adjacent thereto having been zoned for multi- family use by the County of Roanoke prior to such annexation and, thus, capable of being used for construction of townhouse residential units; and WHEREAS, the City Council has, after consideration of orderly reclassifi- cation of annexed areas under the City's Zoning.Ordinance, reclassified for RG-1 General Residential District and subject to the regulations provided in the City's Zoning Ordinance for that district certain parcels of land of which the hereinafter described parcels are a part and that in their opinion building permits should be authorized which would permit of the construction of townhouse residential units thereon without necessity of reference to certain provisions of the City's Zoning Ordinance. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body approves issuance by the Building Commissioner to JCM Construction, Inc., of building permits applicable to lots SA, 8B, 8C, 8D and SE, according to Map No. 5 of Golfside Villas, being a resubdivision of Lot 8, Block 11, Map of Arrow Wood, situate on the south side of Ranch Road, N. W., in the City, said permits authorizing construction on and use of said lots in accordance with regulations contained in the City's Zoning Ordinance, its Building Code and other general ordinances applicable in the premises, but waiving special exceptions in use provisions as may need be determined by the Board of Zoning Appeals for such district. ATTEST: City Clerk APPROVED Mayor 181 IN THE COUNCIL OF TKE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 1976. No. 23233. AN ORDINANCE relating to certain sewage service in the annexed areas of the City; agreeing to the general concept of a proposal made to the City for providing temporary procedures for certain sewer line extensions and connection~; and extending to the County of Roanoke and Roanoke County Public Service Authority a proposal of an agreement to be entered into in the premises; authorizing the City of Roanoke's execution of said agreement; and providing for an emergency. WHEREAS, this Council and the governing body of the County of Roanoke and its Roanoke County Public Service Authority are desirous of establishing a method which would provide for sewer connections to be made to certain sewer lines existing in areas recently annexed to the City, so as to not impede developme]t and beneficial use of properties in said areas; it has been proposed by said Authority that an agreement be entered into respecting such matters and providing a method by which property owners in said areas may proceed with development of their properties pending a resolution of certain questions which have been raised in litigation between the parties; and WHEREAS, this body is agreeable that the City of Roanoke enter into formal written agreement with the aforesaid County and said Authority, as the latters' interests may appear, containing the provisions hereinafter set out; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City is willing and does hereby offer to enter into written agreement with the County of Roanoke and with the Roanoke County Public Service Authority, as the latters' interests may appear, which agreement, after proper recitals, shall set forth the following provisions, viz: (1) That the City shall collect all fees and charges, for sewe~ connectio~ approved and made to new sewer lines constructed under this agreement in areas annexed to the City December 31, 1975, from those persons who apply to the City for such service, the amount of said fees and charges to be collected to be the higher of the fees and charges made or imposed by the City or the Authority based upon the respective schedule of rates and charges hereinafter referred to, said fees and charges being deemed to include connection fees, capacity charges, inspection fees, and any other charges related to such connection or inspections. (2) The City shall deposit said fees and charges in an account to be established by the City and maintained separate from its other funds, for the purpose of accounting for said funds. It is expressly agreed that no funds will be disbursed from said account until final resolution of the questions raised as to the rights and duties of the parties hereto as above recited; the final resolution of said matters being deemed to include any appeal from the 182 decision of any court of competent jurisdiction. The parties further agree that the disbursement of funds shall be in a manner that is in accordance with the final decision of said courts. Any interest earned on the money deposited and maintained in said account shall be disbursed according to the same percentages as the principal of the account. The City shall keep accurate records of the funds deposited in said account and of the details of each deposit made thereto, which records shall be made available for inspection by the Authority during normal business hours. (3) The City shall have authority to permit connections to sewer lines of the Roanoke County Public Service Authority upon the payment of the fees to the City as set out in paragraph (1), supra., and after written notice thereof from the City given to said Authority, and after written approval of the Authority and the City given as to each such connection. (4) The City shall bill and collect individual monthly or other periodic sewer service or sewage transmission and treatment charges applicable to all such properties, connected to said lines pursuant to this agreement, the amount to be billed and collected to equal the higher of the service charges imposed by the parties hereto according to the schedule of rates and charges adopted by the respective parties hereto, a copy of each such schedule of rates and charges being attached hereto and marked Exhibit 1 and Exhibit 2; the monies collected to be deposited in the account established pursuant to the provisions of paragraph (2), supra. (5) The City shall be responsible for maintenance of all such new sewer lines. All inspections thereof required to be made prior to permitting any connection to be made to the sewer system shall be jointly made by the parties hereto, and the standards to be required of all such connections and of the construction of all such new sewer lines shall be the higher of those of the City and the Authority. (6) The terms and provisions of this agreement shall terminate upon final resolution of the questions raised to the rights and duties of the parties hereto a~ above recited. (7) The parties hereto agree that the approval of this agreement and the execution thereof shall in no manner be construed to be a statement of or an indication by said parties of their respective positions in any pending or other legal proceeding. (8) The provisions of this agreement shall not apply to any connection or connections made to sewer lines in said annexed areas prior to the date of this agreement. BE IT FURTHER ORDAINED that, upon similar authorization of such agreement being forthcoming from said County and said Authority, the Mayor or the City Manager and the City Clerk be and each is hereby authorized to execute an agreement containing the aforesaid provisions, such agreement to become effective as soon as the same be fully executed by the parties; and, further, that an attested copy hereof be transmitted by the City Clerk to the Chairman of the Board of Supervisors of Roanoke County and to the Chairman of the Roanoke County Public Service Authority. 183 BE IT FINALLY ORDAINED that an emergency exists and that 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 15th day of September, 1976. No. 23234. AN ORDINANCE to amend and reordain Section 91345, "Police," of the 1976-77 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 91345, "Police," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE 91345 other Services and Charges (1) ........... $35,234.81 Not previously appropriated (1) Net increase $720.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 1976. No. 23236. AN ORDINANCE authorizing the City of Roanoke's execution of an agreement by and between the City of Roanoke and other governmental subdivisions of the Fifth Planning District in Virginia, relating to Planning and Operation of Man- power Services under the Comprehensive Employment and Training Act of 1973; and providing for an emergency. WHEREAS, assistance in the form of Federal and/or State grants or contracts are now and in the future will be available in order to finance, under the Comprehensive Employment and Training Act of 1973, in whole or in part, programs and projects towards alleviation of conditions of unemployment and underemployment in designated areas of the Commonwealth of Virginia repre- sented by said governmental subdivisions, and it is proposed that those 184 parties agree upon the designation of a Prime Sponsor to plan, administer and contract for the accomplishment of such programs and project; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be and they are hereby authorized and directed to execute, and to seal and attest, respectively, that certain written agreement made to be entered into as of the 15th day of September, 1976, by and between the City of Roanoke, and the cities of Salem, Clifton Forge, and Covington and the counties of Alleghany, Botetourt, Craig and Roanoke, entitled "Delegation Agreement for the Roanoke Consortium for Manpower Services", a copy of which is on file in the office of the City Clerk, and which would provide that said parties, exercising jointly the powers conferred upon them by the Constitution and statutes of the Commonwealth, mutually agree upon the following, inter alia: (a) That all grants received and/or contracts entered into by one or more of said parties in the premises be received or entered into by the Prime Sponsor designated in said Agreement, on behalf of any one or more of the parties to said Agreement; (b) That the Roanoke Consortium for Manpower Services be designated as the Prime Sponsor under said Agreement, to have the power and the authority and to accept and have the obligation and responsibility in the planning, admini- stration and accomplishment of such program, s and projects as are undertaken on behalf of each, any or all of the parties thereto under said Agreement and the provisions of said Act; (c) That a Policy Board be established, composed of representatives of each of the parties to the Agreement; and that a Technical Advisory Committee be provided for, consisting of client sector and other members, to be selected by the Policy Board; (d) That the agreement may be amended from time to time by agreement of the parties; that, by similar agreement, other public agencies of the Commonwealth may become parties to the agreement; and that any party shall have right to withdraw from the agreement upon 120 days written notice given to the Policy Board; and (e) That the provisions of the agreement become effective as of September 15, 1976. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall be effective upon its passage. ATTEST: City Clerk APPROVED Mayor 185 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 1976. No. 23237. A RESOLUTION authorizing application to be made on behalf of the City of Roanoke for grant of Federal Airport and Airway Development funds and certain State funds to assist in financing certain projects for improvement of facilities at Roanoke Municipal Airport, Woodrum Field; and authorizing acceptance of grant offers which may be made on such applications. WHEREAS, a report has been made by the City Manager and concurred in by the Airport Advisory Commission requesting authority from this Council to apply for and enter into grant agreements with the Government of the United States of America and the Commonwealth of Virginia to provide for certain improvements to Roanoke Municipal Airport, Woodrum Field. 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 and directed, for and on behalf of the City of Roanoke, to cause a Project Application to be made to the Federal Aviation Administration for a grant of Federal Airport and Airway Development funds and to the Commonwealth of Virginia for a grant of State funds for ADAP Project 76-02-1-1~53-1961 for funding for projects at Roanoke Municipal Airport, Wbodrum Field, which projects are (a) high intansity lighting R/W 5-23, (b) acquisition of a fire truck, (c) security fencing, (d) cross grooving of runways, (e) overlay of taxiways 15-33 and 5-23 and (f) precision instrument marking of R/W 5-23; the amount of the federal grant assistance requested to be ninety percent (90%) of the final cost estimate of said projects and the amount of the state grant assistance requested to be five percent (5%) of the final cost estimate of said projects. (2) That the City Manager be and is hereby authorized and directed to accept any grant offers made by the Federal Aviation Administration and the Commonwealth of Virginia for the aforesaid projects, said grants to be accepted by execution of the appropriate grant agreements, the form of which agreements to be approved by the City Attorney. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 1976. No. 23238. AN ORDINANCE to amend and reordain certain sections of the 1976- 77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION #1269 Capital Outlay (1) ............... $ .00 STREET MAINTENANCE ~1658 Capital Outlay (2) ............... 475,104.00 UTILITY LINE FACILITIES #1605 Capital Outlay (3) ............... 68,000.00 GROUNDS MAINTENANCE ~1666 Capital Outlay (4) ............... 25,038.00 MOTORIZED VEHICLE MAINTENANCE #1671 Vehicular Equipment (5) .......... 283,500.00 Transfer (1) Net decrease (2) Net decrease (3) Net decrease (4) Net decrease (5) Net increase $239,500.00 13,500.00 24,500.00 6,000.00 283,500.00 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 15th day of September, 1976. No. 23239. AN ORDINANCE providing for the purchase of various vehicular equipment for use by various departments of the City, upon certain terms and conditions, by accepting certain bids made to the City for furnishing and delivering said vehicular equipment; authorizing certain additional purchases; rejecting all other such bids; providing for the issuance of requisite purchase orders for all such equipment; and providing for an emergency. 187 WHEREAS, on August 17, 1976, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the equipment hereinafter mentioned were received in the Office of the City's Manager of Purchasing and Materials Control and publicly opened before three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report has transmitted the same to the Council, recommending award of the contracts as hereinafter provided and authorizing certain additional purchases; and the Council, considering all of the same, has determined that the bids hereinafter accepted are the best bids meeting the City's specifications and are in the best interest to accept, funds sufficient for purchasing all of the same having been or are being appropriated for the purpose; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bids in writing of the following named bidders, made to the City and opened on August 17, 1976, 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 named 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 Number Description Successful Bidder Total Purchase Price 1 1-Cab/Chassis for front loading Dickerson GMC, Inc. $ 31,686.00 refuse truck iA 1-Compactor body for front Cavalier Equipment $ 17,100.00 loading refuse truck Corporation 2 4-Cab/Chassis for rear loading Dickerson GMC, Inc. $126,344.00 refuse trucks 2A 4-Compactor bodies for rear Cavalier Equipment $ 40,644.00 loading refuse trucks Corporation Magic City Motor Corporation General Welding & Machine Company 4 (Optional Bid for Complete Unit) Cavalier Equipment $ 17,476.03 1-Cab/Chassis for knuckle boom & Corporation flat bed dump body 1-Knuckle boom 1-Flat bed dump body 3 1-Cab/Chassis for dump truck $ 10,599.99 3A 1-Dump body for dump truck $ 2,412.90 9 1-4-Wheel drive utility $ 5,469.25 vehicle w/delux paint 7 1-1/2 ton pick-up, complete Magic City Ford $ 4,844.00 w/standard 8-foot bed Corporation 8 1-4-Wheel drive utility Fulton White Truck $ 6,003.51 vehicle (8-cylinder engine) Company Fulton White Truck Company 188 all of the aforesaid vehicles to be delivered to the City, f.o.b., Roanoke, in accordance with the City's general specifications and with the successful bidders' respective proposal and within the delivery times set out in said proposals; and the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue requisite purchase orders therefor, incorporating into said purchase orders the City's aforesaid general specifi- cations, the terms of said bidders' proposals and the terms and provisions of this ordinance; the cost of said vehicles when delivered to be paid for out of funds heretofore or contemporaneously being appropriated for the purpose. BE IT FURTHER ORDAINED that upon delivery to the City of each item of the aforesaid vehicles and upon the City's acceptance of the same as being in accordance with the bid accepted and purchase order awarded, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment of the aforesaid purchase prices to each said successful bidder, not to exceed the sums hereinabove set out. BE IT FURTHER ORDAINED that the City Manager be and he hereby is authorized to hereafter use certain funds not to exceed $5,000.00 to purchase certain hydraulic pumps to be used to improve the versatility of certain of the vehicular equipment hereinafter authorized to be purchased, the said hydraulic pumps, however, to be purchased only after due and proper advertise- ment has been made therefor. BE IT FURTHER ORDAINED that all other than the aforesaid bids made for supply of the within described vehicles be, and said other bids are hereby REJECTED, and the City Clerk shall so notify each said other bidder but shall express to each such bidder the City's appreciation for having made such bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF T~E CITY OF ROANOKE, VIRGINIA, The 15th day of September, 1976. No. 23240. AN ORDINANCE amending Chapter 9. Civic Center Department., Title VIII, Code of the City of Roanoke, 1956, as amended, by the addition of a new section providing for establishment of a civic Center Commission, to have policy making and certain other authority as to the operation of the Roanoke Civic Center facility; amending Sec. 5. Rates and Charges., of said chapter and title; concurring in certain committee recommendations made as to administrative proced- ures to be employed for said facility; and providing for an emergency. 189 WHEREAS, a committee of tke Council appointed to look into administrative and policy making functions of the Roanoke Civic Center and of the Civic Center Department made written report to the Council which was considered at the Council meeting held September 7, 1976, at which time certain of the recommendations of said Committee obtained concurrence of the Council, as hereinafter provided; and WHEREAS, for the daily operation of the municipal government and of said department, and in order that the recommendations of said Committee concurred in by the Council be implemented at the earliest practicable moment, an emergency is deemed to exist, so that this ordinance take effect at the time or times herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Chapter 9. Civic Center Department., Title VIII. Public Buildin¢ and Property., of the Code of the City of Roanoke, 1956, as amended, be and is amended by the addition of a new section, to be numbered section 8, to read and provide as follows: Sec. 8. Civic Center Commission; appointment; duties. (a) Establishment; terms of office; vacancies. There is hereby established as the policy making arm of the Roanoke Civic Center a commission, to be composed of seven members and to be known as the Roanoke Civic Center Commission, whose duties and authority shall be as is set forth in this section. The members of said commission shall be elected by the Council for a term of one year to commence October 1, 1976. Vacancies on the commission shall be filled by the Council for the unexpired portion of the term for which such vacancy exists; the Council reserving the right to terminate any such appointment, to expand or to re- strict the membership of the commission, or to change the nature of or to terminate the same at any time. Upon election of the members of the Roanoke Civic Center Commission as hereinabove provided, all former civic center commissions or advisory commissions or committees shall stand dissolved. A chairman and vice- chairman of said commission shall be elected from the members thereof by said members. (b) Duties; authority. The Roanoke Civic Center Commis- sion shall be the policy making arm of the Roanoke Civic Center and, to that end, is hereby delegated and shall exercise authority in the following matters, viz: 1. Within funds provided by appropriation, to decide upon, direct and implement the promotion and the advertising policy of said facility. 2. To establish the schedule of fees, rentals, rates and charges to be required for use of the facil- ity. 3. To determine all matters relating to the park- ing of vehicles at said facility, and to fees or charges made therefor. 4. To decide upon the City's award of contracts or agreements providing for catering and product sales concessions at said facility, such decision to be reported to the City Council for implementation; pro- vided, however, that the rights of no party to any outstanding or existing contract or agreement hereto- fore executed be abridged or impaired; and 5. To determine and establish matters of policy with reference to ticket sales. 190 (c) Other matters. Authority in matters not hereinabove specifically delegated to the commission shall remain with the C&ty Council or the City Manager, as the case may be. 2. That Sec. 5. Rates and charges; form of agreement., of Chapter 9, Title VIII, of the Code of the City of Roanoke, 1956, as amended, be and is amended and reordained, to read and provide as follows: Sec. 5. Rates and charges; form of agreement. The schedule of rates and charges for the use of the civic center facilities and the form of agreement to be entered into with the users thereof and the method of entering into such agreement shall be as provided in Ordinance No. 20686 and Ordinance No. 20687, respectively, adopted by the Council on January 29, 1973, as the same may be from time to time amended, the provisions of which ordinances are incorporated herein by reference; except that after such time as the civic center commission provided for in section 8 of this chapter shall have established schedules of rates and charges for the use of such facilities such sche- dule of rates and charges shall be in effect and employed; and except, further, that the civic center manager may, in signing permit agreements for use of the civic center facilities and with the prior written approval of the city manager and for good cause appearing to the civic center manager reduce or waive the requirement of deposit or payment in advance of fifty percent (50%) of the basic rental fee and may waive requirement of payment of the full rental fee no later than the begin- ning of occupancy; but in no case shall waiver of deposit or payment in advance of such basic rental fees relieve the permittee of full payment of the rental fee and all other applicable charges. 2. That the Council hereby concurs in the written recommendations of the aforesaid Civic Center Study Committee contained in the report of said Committee before the Council September 7, 1976, and set out therein as paragraphs a) through f), inclusive, and concurs, further, in the suggested implementation schedule attached to said committee report, all such matters being incorporated herein by reference. BE IT FURTHER ORDAINED that, an emergency exists, and this ordinance shall be in effect upon its passage, and as provided herein. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 1976. No. 23241. AN ORDINANCE to amend and reordain Section 90710, "Commonwealth Attorney of the 1976-77 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. 191 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~0710, "Commonwealth Attorney," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH ATTORNEY #0710 Other Services and Charges (1) ......... $3,434.00 Not previously appropriated (1) Net increase $3,214.20 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23235. AN ORDINANCE authorizing execution of License Agreement No. DOT-FA77EA- 8672, with the Federal Aviation Administration providing for the construction and maintenance of an ASR-8 radar facility at Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions. WHEREAS, the City Manager in a report dated September 15, 1976, has recommended that he be authorized to execute License Agreement No. DOT-FA77EA- 8672, subject to certain conditions, with the Federal Aviation Administration to provide for the construction and maintenance of an ASR-8 radar facility at Roanoke Municipal Airport, Woodrum Field. THEREFORE, BE IT ORDAINED by the Council of the city of Roanoke that the City Manager be and he is hereby authorized to execute for and on behalf of the City License Agreement No. DOT-FA77EA-8672 with the Federal Aviation Adminis- tration, said agreement to be upon form approved by the City Attorney, to provide for the construction and maintenance of an ASR-8 radar facility at Roanoke Muni- cipal Airport, Woodrum Field, said agreement to provide for the City reserving that property presently leased as a trailer park facility and that property upon which a structure utilized by the City is located and to provide for any other provisions deemed necessary by the City Manager,· such agreement to become effec- tive October 1, 1976, and remain in force until September 30, 1977, but which may be renewed annually at the option of the United States Government, provided that such renewal shall not extend beyond September 30, 1992. APPROVED ATTEST: City Clerk Mayor 192 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23242. AN ORDINANCE to amend and reordain Section #0714, "Sheriff," of the 1976-77 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 #0714, "Sheriff," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SHERIFF #0714 Ihsurance (1) .............. $3,142.50 Not previously appropriated (1) Net increase $1,542.50 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23243. AN ORDINANCE to amend and reordain Section 915000, "Schools - Title I, P.L. 89-10," of the 1976-77 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 915000, "Schools - Title I, P.L. 89-10," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - TITLE I, P.L. 89-10, 915000 Personal Services - Director (1) ........ $ 23,470.00 Personal Services - Clerical (2) ........ 12,885.00 Administrative Travel (3) ............... 200.00 Administrative Supplies (4) ............. 1,000.00 SuperviSOrservice~(5) ................. Teache~ ~ [' 18,010.00 Personal - ~i ..... 232,151.00 Personal Services - Teachers Aides (7) .. 192,104.00 Instructional Supplies (8) .............. Inservice Training (9) .................. Testing (10) ....... Evaluation an~'~is~i~io~'~i [[[[.l. Instructional Travel (12) .......... Personal Services - Nurses ~i .. 1.. · Medical Supplies (14) ................... Nurses - Travel (15) .................... Fixed Charges (16) ...................... Indirect Costs (17) ..................... Parent Involvement (18) ................. Clothing (19) ........................... 8,000.00 3,500.00 4,420.00 3,080.00 1,100.00 23,129.00 5,000.00 760.00 75,544.00~ 17,651.00 100.00 400.00 193 Not previously appropriated (1) Net ~ncrease ................. $ 23,470.00 (2) Net increase (3) Net increase (4) Net ~ncrease (5) Net ~ncrease (6) Net increase--- (7) Net increase (8) Net increase (9) Net ~ncrease (10) Net ~ncrease (11) Net ~ncrease (12) Net Increase (13) Net increase (14) Net increase (15) Net ~ncrease (16) Net increase (17) Net ~ncrease ..... (18) Net increase (19) Net increase 12,885.00 200.00 1,000.00 18,010.00 232,151.00 192,104.00 8,000.00 3,500.00 4,420.00 3,080.00 1,100.00 23,129.00 5,000.00 760.00 75,544.00 17,651.00 100.00 400.00 *One hundred per cent of actual expenditures to be reimbursed by Title I, P.L. 89-10 funds BE IT FURTHER ORDAINED that, an emergency existing, 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 September, 1976. No. 23244. AN ORDINANCE to amend and reordain Section %15000, "Schools - Combined Federal Programs," of the 1976-77 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 #15000, "Schools - Combined Federal Programs," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - COMBINED FEDERAL PROGRAMS %15000 Combined Federal Programs (1) ........ $898,270.08 Not previously appropriated (1) Net increase $36,732.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor .19 4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27tk day of September, 1976. No. 23245. AN ORDINANCE to amend and reordain Section 91475, "Parks and Recreation," of the 1976-77 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 91475, "Parks and Recreation," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PARKS AND RECREATION #1475 Materials and Supplies (1) ...... $35,722.50 Not previously appropriated (1) Net increase $2,722.50 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23246. AN ORDINANCE to amend and reordain Section #1540, "Title XX, Services," of the 1976-77 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 #1540, "Title XX, Services," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TITLE XX, Services 91540 Protective Services for Adults (1) ...... $16,553.22 Day Care for Children Developmentally Disabled (2) ........................... 24,091.42 Day Care for Adults Developmentally Disabled (3) ........................... 24,803.01 Training to Maximize Independence for Adults and Children (4) ................ 24,945.20 Not previously appropriated (1) Net increase $ 6,023.40 (2) Net increase. 8,664.30 (3) Net increase 9,768.55 (4) Net increase. 11,812.45 195 BE IT FURTHER ORDAINED that, an emergency existing, 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 September, 1976. No. 23247. AN ORDINANCE to amend and reordain Section 91537, "Social Services," of the 1976-77 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 #1537, "Social Services," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SOCIAL SERVICES #1537 Materials and Supplies (1) .......... $35,000.00 Day Care Training Supplies (2) ...... 5,860.00 Transfer (1) Net decrease $5,860.00 (2) Net increase 5,860.00 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 September, 1976. No. 23248. AN ORDINANCE to amend and reordain~Section 92401, "Capital Outlay From Revenue," of the 1976-77 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 #2401, "Capital Outlay From Revenue," of the 1976-77 Airport Fund Appropria' tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 196 CAPITAL OUTLAY FROM REVENUE 92401 Vehicular Equipment (1) ........... $ 5,500.00 Operational and Construction Equipment (2) .................... 20,000.00 Federally Funded Projects (3) ..... 720,000.00 Transfer & Appropriation (1) Net decrease (2) Net decrease (3) Net increase $166,000.00 190,000.00 720,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPRO'VED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23249. A RESOLUTION accepting a grant offer of Federal Airport and Airway Development funds to assist in financing ADAP Project No. 6-51-0045-06, for certain improv~ent of facilities at Roanoke Municipal Airport, Woodrum Field; and authorizing execution of acceptance of a grant offer of a maximum of $648,000.0, of such funds. WHEREAS, a grant offer of Federal funds hasbeen made to the City by the Federal Aviation Administration to finance the municipal airport improvement: referred to in Resolution No. 23237 adopted September 15, 1976, said offer being assigned FAA Contract No. FA-EA-1482 for Project No. 6-51-0045-06, dated September 23, 1976; and said offer needs be accepted and the grant agreement therefor~executed on behalf of the City; and WHEREAS, funds sufficient for payment of the estimated cost have been appropriated by the Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City of Roanoke herebY accepts the grant offer made to the City by the Department of Transportation, Federal Aviation Administration, under date of September 23, 1976, to provide not more than $648,000.00 of Federal funds to assist in providing the following improvements at Roanoke Municipal Airport, Woodrum Field: Install High Intensity Lighting, Runway 5-23; Precision instrument marking, Runway 5-23; Strengthen and mark parallel taxiway to Runway 15-33 (3600'x50') and parallel taxiway to Runway 5-23 (3300'x50'); Runway Grooving, Runways 5-23 and 15-33 (195,000 s.y.); Install Security Fencing (3000 1.f.) Purchase Fire/Crash/Rescue Vehicle (1500 gallon); and that the City of Roanoke shall enter into a grant agreement with the United States for the purpose of obtaining Federal aid in the development of its Roanoke Municipal Airport, Woodrum Field, by executing the acceptance of a grant offer therefor. 1 97 BE IT FURTHER RESOLVED that Byron E. Haner, City Manager, is hereby authorized and directed to execute said grant agreement, in six copies, on behalf of the City of Roanoke, and that Mary F. Parker, 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; and that the grant offer herein referred to is incorporated herein by reference and a copy thereof shall be hereto attached. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23250. A RESOLUTION expressing the intent of the Council to hereafter authorize the City to enter into a certain agreement, upon similar authorization given by certain other political subdivisions, relating to the Tinker Creek interceptor sewer line; and authorizing the City Manager to provide in writing such evidence of such intent as may be necessary to secure Federal assistance for such analysis; upon certain terms and conditions. WHEREAS, the City Manager, by report dated September 27, 1976, has advise the Council that certain negotiations have been carried out between the City of Roanoke, the County of Roanoke and/or Roanoke County Public Service Authority, as their interest may appear, the County of Botetourt and/or Botetourt County Service Authority, as their interest may appear, and the Town of Vinton relating to an analysis of the Tinker Creek interceptor sewer as same relates to eaoh of the aforesaid jurisdictions; and the County of Botetourt and/or Botetourt County Service Authority has made application to the Environmental Protection Agency for a grant of federal funds relating to said analysis and is required, pursuant thereto, to be the party primarily responsible to carry out said project and has expressed its intent to do so upon appropriate assurances that the other politi- cal subdivisions affected thereby will guarantee payment of their share of the cost of such study as it relates to each of said other political subdivision and has requested each such other political subdivision to authorize the execution of a letter of intent to enter into an agreement relating to the Tinker Creek interceptor sewer analysis; and the City Manager recommends to the Council that he be authorized to execute such letter of intent upon like authorization being given by the governing bodies of each of the other said affected political subdivisions; in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that it does hereby express its intent to enter into an agreement by and between the City of Roanoke, the County of Roanoke and/or Roanoke County Public Service 1'9 8 Authority, as their interest may appear, the County of Botetourt and/or Bote- tourt County Service Authority, as their interest may appear, and the Town of Vinton, upon like authorization being given by the governing bodies of such other political subdivisions, relating to the Tinker Creek interceptor sewer analysis, said agreement to be upon form approved by the City Attorney; and the City Manager be and hereby is authorized to provide in writing such evidence of such intent as may be necessary to secure or assist in securing federal assis- tance in carrying out such analysis. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23252. AN ORDINANCE providing for the execution of an agreement with the Virginia Department of Highways and Transportation relative to a project for improv~ent of the traffic signal system in the Central Business District area of the city, designated as Project 5501-128-101, PE-101, C-501, Federal Project M-5128 (5), and signifying the City's intent to participate in the payment of a certain portion of the costs of said project, and agreeing upon certain other matters; and providing for an emergency. WHEREAS, at the City's request the Virginia Department of Highways and Transportation has formulated plans and received contractor's bids for a project involving improvement and replacement of the traffic signal system in the Central Business District area of the City, the costs of which would be borne by the State, the Federal Government and the City in proportionate parts as hereinafter set out, and in implementation of which the City would supply certain services and facilities and agree to maintain the completed project; and WHEREAS, funds have been appropriated sufficient to pay the City's estimated costs of the aforesaid project; and the Virginia Department of Highways and Transportation has requested that the City enter into agreement with said Department agreeing upon all of the aforesaid and upon the maintenance, signing and regulation of parking on the streets, upon the relocation of utilities and the furnishing of necessary rights-of-way, and agreeing upon the proportion of the total cost of the improvements which the City shall pay; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Thomas F. Brady, City Engineer, and Mary F. Parker, City Clerk be, and they are hereby authorized to execute, seal and attest, respectively, on behalf of the City, with the aforesaid Commonwealth of Virginia Department of Highways and Transportation an agreement setting out the following matters, viz: 1. That the Department will submit a project for the improvement of traffic facilities within the Central Business District area, designated as Project 5501-128-101, PE-101, C-501, Federal Project M-5128 (5). 2. Roanoke hereby approves the plans as designed and requests the Department to submit the aforementioned project with recommendation that it be approved by the Federal Highway Administration and agrees that if such project is approved and constructed by the Department and the Federal Highway Administrati~ it, thereafter, at its own cost and expense, will maintain the project or have it maintained in a manner satisfactory to them or their authorized representatives and will make ample provision each year for such maintenance. 3. Roanoke hereby agrees that the location, form, and character of informational, regulatory, warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority or other agency, shall be subject to the approval of the Department. 4. Roanoke agrees to furnish plans, adjust utilities, and furnish all necessary rights-of-way all at its own expense or at no expense to the Department. 5. Roanoke hereby agrees that the location and installation of utility poles, lighting standards, traffic signal poles, or any other similar facilities installed or placed by any public authority or other agency shall be subject to the approval of the Department. 6. At places where parking is prohibited, the appropriate NO PARKING signs shall be erected. The size, design, and color of such signs shall conform to the standards as shown in the latest edition of the Manual on Uniform Traffic Control Devices. 7. Roanoke agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number or width of traffic lanes, additional median crossovers, enlargement of existing median crossovers, or alterations of channelization islands without the prior approval of the Department. 8. Roanoke agrees that prison labor will not be used for any purpose whatsoever on this project during the time it is under construction agreement between the Department and the Federal Highway Administration. 9. Roanoke agrees to remove and replace existing signs within the project area at no expense to the Department. 10. Roanoke agrees to accomplish whatever tree trimming that is required by project construction at no expense to the Department. 11. Roanoke agrees to provide a project evaluation report using data compiled by the City during the six-month period following acceptance of the project. The report will be submitted to the Highway Department within eight months following project acceptance. The report will compare the effectiven~ of the project based on the parameters and methodology used in the areawide Concept Report. 12. Roanoke agrees to participate in the actual cost of this project in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applied to the actual costs: Estimated Cost Item % Traffic Signal System 15 Preliminary Engineering 15 APCO Force Account 15 Project Coordinator 15 Consultant's Inspection Service 80,000.00 15 TOTAL $1,200,581.00 $1,028,271.00 65,000.00 12,310.00 15,000.00 ROANOKE'S SHARE Amount $154,240.65 9,750.00 1,846.50 2,250.00 12,000.00 $180,087.15. 199 200 BE IT FURTHER ORDAINED that the City Manager shall have authority to confer with the aforesaid Department and with the low bidder to said Department relative to changes or substitutions of any equipment items offered to be supplied by said bidder under the contract to be awarded by the Department or for provision to the City of a supply of spare parts to such equipment, and to enter into agreement on behalf of the City respecting any such matters which might be accomplished by change order issued by said Department, it to be understood that such changes would be made at the sole cost of the City, and that the aggregate cost of all such changes so agreed upon and ordered shall not exceed an additional cost of $39,912.85. BE IT FURTHER ORDAINED that the City Manager shall have authority to appoint an experienced City employee with the position title of Lead Signalman to the job of Coordinator for the Central Business District Signal System, for the purpose of working with the State's contractor on the installation of the new signal system, as the Coordinator under such contract, the City to bill the Commonwealth of Virginia for the hours involved based on the salary of and the fringe benefits to said employee. BE IT FINALLY ORDAINED that an emergency exists 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 27th day of September, 1976. No. 23253. AN ORDINANCE to amend and reordain Section 91658, "Street Maintenance," and Section 91810, "Non-Departmental," of the 1976-77 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 91658, "Street Maintenance," and Section 91810, "Non-Departmental," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: STREET MAINTENANCE 91658 Salaries and Wages (1) ............... $ 977,289.50 NON-DEPARTMENTAL 91810 Fringe Benefits (2) .................. 3,114,156.43 Not previously appropriated (1) Net increase $8,521.50 (2) Net increase 2,556.45 20, BE IT FURTHER ORDAINED that, an emergency existing, 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 September, 1976. No. 23254. A RESOLUTION expressing the Council's intent that the City of Roanoke develop a group home plan for certain juvenile offenders by the establishment of two new group homes. WHEREAS, the City Manager, by report dated September 27, 1976, transmitte to the Council for its consideration a resolution expressing the Council's intent that the City of Roanoke establish two new group homes for certain juvenile offenders. THEREFORE, BE IT RESOLVED by the Council of.the City of Roanoke that it is the intent of this Council that the City of Roanoke develop a group home plan for juvenile offenders, said plan to consist of a crisis runaway facility for juveniles who are runaways or come from problem homes, and a probation house for girls which would provide community based treatment for adolescent girls who are juvenile offenders, said homes to have facilities for 12 to 15 juveniles each; the physical facilities of said homes to be leased with the lessor to be responsible for the maintenance of said physical facilities. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to transmit an attested copy of this resolution to the Director of the Department of Corrections of the Commonwealth of Virginia. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23255. AN ORDINANCE to amend and reordain Section #0511, "Personnel Management, of the 1976-77 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. 202 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #0511, "Personnel Management," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PERSONNEL MANAGEMENT #0511 Fees for Professional Services (1) ...... $49,040.00 Not previously appropriated (1) Net increase $1,190.00 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 September, 1976. No. 23256. AN ORDINANCE acceptin9 a proposal for installing additional piping and an additional pump in the Chapel Forest Pumping Station and construction of a dual pipe line from the Chapel Forest Pumping Station to the Peakwood Avenue finished water reservoir, upon certain terms and conditions; accepting a certain bid made to the City for said work; rejecting another bid made to the City; and providing for an emergency. WHEREAS, at a meeting of the Council held on September 7, 1976, and after due and proper advertisement had been made therefor, two (2) bids for the performance of the work of improvement hereinafter described were opened and read before the Council, whereupon all said bids were referred to a committee appointed by the Council to tabulate and study said bids and to make report and recommendation thereon to the Council; and WHEREAS, said committee has reported to the Council in writing under date of September 27, 1976, its tabulation and recommendations on said bids, from which it appears to the Council that the proposal, including Alternates 1 and 2, hereinafter accepted represents the lowest and best bid made to the City for the work and should be accepted; and that the other said bid should be rejected; funds sufficient to pay the cost of said work have been or are being appropriated by the Council for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid, including Alternates 1 and 2, of J. P. Turner Brothers, Incorporated, made to the City, to install additional piping and an additional pump in the Chapel Forest Pumping Station and to construct a dual pipe line from the Chapel Forest Pumping Station to the Peakwood Avenue finished water reservoir, and all related work, all such work and materials to fully meet all of the City's 2O3 specifications and requirements made therefor, for a total price of $35,850.00, cash, be, and said bid is hereby ACCEPTED; and the City Manager and the City Clerk are hereby authorized to execute, and seal and attest, respectively, the written contract on behalf of the City with the aforesaid successful bidder for the improvements abovementioned, said contract to have incorporated therein the City's requirements and specifications for the work so authorized to be done, the bidder's proposal, including Alternates 1 and 2, made to the City, and the provisions of this ordinance, upon form approved by the City Attorney; and upon satisfactory completion of all said work accepted by the City as meeting all said specifications, the Director of Finance shall be, and he is hereby authorized to make payment, in an amount not to exceed the sum of $35,850.00, to said contractor in accordance with the provisions of this ordinance and said contract, charging said payment to appropriations heretofore or hereafter made by the City for the purpose. BE IT FURTHER ORDAINED that the other bid made to the City for the performance of the aforesaid work be, and said other bid is hereby REJECTED, the City Clerk to so notify said other bidder and to express the City's appreciatio for said bid. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance take effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23257. A RESOLUTION rejecting a bid received for the installation of a complete microphone and multiple electronic distribution system, recording equipment and sound reinforcement system in the council chambers, and directing that the project be readvertised for new bids. WHEREAS, and after due and proper advertisement had been made therefor, one (1) bid for the installation of a complete microphone and multiple electronic distribution system, recording equipment and sound reinforcement system in the council chambers was opened and read before the Council at its meeting held on September 7, 1976, which bid was thereafter referred to a committee appointed for the purpose to be studied with report thereon made back to the Council and, said committee has made written report to the Council, recommending that the bid, for reasons stated in said report, should be rejected, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the bid heretofore received by the City on September 7, 1976, for the installation of a complete microphone and multiple electronic distribution system, recording equipment and sound reinforcement system in the council chambers, be and the same is hereby REJECTED; the City Clerk to so notify the bidder and to express the City's appreciation of said bid. BE IT FURTHER RESOLVED that the City Manager be and is hereby directed to readvertise the project for bids at a later date. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23258. A RESOLUTION concurring in a certain debt schedule approved by the Board of Supervisors of Roanoke County for payment by the-City of Roanoke, as a result of certain annexations of county territory to the City of Roanoke. WHEREAS, the Board of Supervisors of Roanoke County has heretofore by Resolution No. 1557 approved a certain debt schedule dated June 15, 1976, a copy of which is on file in the Office of the City Clerk, setting forth the portion of County debt to be paid by the City of Roanoke as a result of certain annexation: of County territory by the City of Roanoke, all as more fully set forth in said schedule of debt; and WHEREAS, said schedule of debt has been duly verified and authenticated by the requisite officials of the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it does hereby concur in that certain schedule of debt dated June 15, 1976, prepared by Daniel A. Robinson & Associates, Certified Public Accountants, a copy of which is on file in the office of the City Clerk, setting forth the portion of County debt to be paid by the City of Roanoke pursuant to annexation orders entered July 30, 1948, September 14, 1964 and May 10, 1975, respectively. BE IT FURTHER RESOLVED that an attested copy of this resolution be transmitted by the City Clerk to the Chairman of the Board of Supervisors of Roanoke County. APPROVED ATTEST: City Clerk Mayor 205 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23259. AN ORDINANCE amending and reordaining Sec. 40. Automobile renting, etc., Chapter 8. License Tax Code, of Title VI. Taxation., of the Code of the City of Roanoke, 1956, as amended, providing for the license tax on persons who engage in the business of furnishing automobiles and other motor vehicles upon rental agreement or upon sale and repurchase agreement, making such amendment retroactive to January 1, 1976; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that Sec. 40. of Chapter 8., Title VI 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. 40. Automobile renting, etc. Every person who shall engage in the business of furnishing automobiles, motorcycles, trailers or other motor vehicles, or bicycles or motor scooters without drivers, upon rental agreement or upon sale and repur- chase agreement shall pay a license tax of ...... $55.00. Plus 55 cents on each $100.00 of the gross receipts derived from such business. Said tax shall be in addition to the special tax imposed on motor vehicles by the general motor vehicle license tax ordinance. BE IT FURTHER ORDAINED that this ordinance shall be retroactive to January 1, 1976; and the Commissioner of Revenue and other proper City officials are authorized and directed to make appropriate correction and adjustment of any license heretofore issued under the provisions of Sec. 40., Chapter 8. of Title VI., aforesaid, for the tax year 1976 not consistent with the provisions contained in this ordinance. BE IT FINALLY ORDAINED that an emergency exists and that this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23261. A RESOLUTION approving an amendment to Sec. 8 of the United States Department of Housing and Urban Development, Community Development Block Grant, Grant No. B-76-MC-51-0020, by increasing the City of Roanoke Redevelop- ment and Housing Authority's allocation for housing assistance payments by twenty (20) additional dwelling units. 206 WHEREAS, the United States Department of Housing and Urban Develop- ment has offered to increase the City of Roanoke Redevelopment and HouSing Authority's allocation for housing assistance payments by twenty (20) addition- al dwelling units for the two year period ending June 30, 1977, by amending Sec. 8 of Grant No. B-76-MC-51-0020, to increase the number of housing units from 278 to 298 for such two year period, upon approval of such increase by the Council of the City of Roanoke; and WHEREAS, the City Manager, by report dated September 15, 1976, has recommended to the Council that it approve the proposed amendment of Grant No. B-76-MC-51-0020, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it does hereby approve an amendment to Sec. 8 of the United States Depart- ment of Housing and Urban Development, Community Development Block Grant, Grant No. B-76-MC-51-0020, increasing the City of Roanoke Redevelopment and Housing Authority's allocation for housing assistance payments by twenty (20) additional dwelling units for the two year period ending June 30, 1977, thereby making such housing unit allocation for such two year period 298 units. BE IT FURTHER RESOLVED that attested copies of this resolution be forthwith transmitted to the City of Roanoke Redevelopment and Housing Authority for distribution to appropriate governmental agencies. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23263. A RESOLUTION directing the City Manager to authorize the architect to proceed with the design phase of the City's jail construction program; upon certain terms and conditions. WHEREAS, the Council has heretofore, pursuant to Ordinance No. 21878, adopted October 21, 1974, authorized the City to enter into contract to engage the services of Hayes, Seay, Mattern and Mattern, Architects, Engineers and Planners, to assist the City in developing a program for the construction of a new jail and courts facilities for the City and, when specifically authorized by the Council, to prepare and provide plans, specifications and contract documents and other professional services relating to the design and construc- tion of a new jail in the City; and WHEREAS, it has been recommended by the City Manager, in report dated September 15, 1976, that the City proceed with the design phase for construc- tion of a 210 cell jail, in which recommendation the Council concurs. 207 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is directed to authorize Hayes, Seay, Mattern and Mattern, Architects, Engineers and Planners, of Roanoke, Virginia, to proceed with the design phase of the new jail facilities for the City of Roanoke to contain 210 cells under contract heretofore entered into between the City and said architects, pursuant to Ordinance No. 21878, adopted by the Council on the 21st day of October, 1974. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23264. A RESOLUTION generally approving an extension by Greater Roanoke Transit Company of a contract for a twelve month period from and after March 23, 1977, for management services to be provided said Company. WHEREAS, by Resolution No. 21924, adopted November 25, 1974, the Council generally approved a certain contract for providing for a period of two years from and after March 23, 1975, for management services for the bus transportation facilities to be operated by Greater Roanoke Transit Company, and its Board of Directors has requested that this Council concur in said Company's extension of said contract for such management services for an additional twelve (12) month period from and after March 23, 1977, which request the Council has maturely considered. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body doth concur, generally, in the extension by Greater Roanoke Transit Company of a contract with ATE Management and Service Company, Inc., to provide to Greater Roanoke Transit Company certain management services for its urban mass transit system over a twelve month period from and after March 23, 1977, as generally set out in a proposed form of agreement, and for the annual fee set out therein, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that attested copies hereof be delivered by the City Clerk to the President of the Greater Roanoke Transit Company. ATTEST: City Clerk APPROVED Mayor 2C18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23265. A RESOLUTION authorizing and directing the Municipal Auditor of the City of Roanoke to provide internal auditing for Greater Roanoke Transit Company in the operation of the urban mass transit system in the City. WHEREAS, the Board of Directors of Greater Roanoke Transit Company, in its regular meeting of September 20, 1976, requested that the Council of the City of Roanoke appoint and designate the Municipal Auditor to provide internal auditing service for Greater Roanoke Transit Company in the operation of the urban mass transit system in the City, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council does hereby authorize and direct the Municipal Auditor of the City of Roanoke to provide internal auditing service for the Greater Roanoke Transit Company in and relating to the operation of the urban mass transit system in the City of Roanoke. BE IT FURTHER RESOLVED that the City Clerk forthwith transmit attested copies of this resolution to the Municipal Auditor and to the President of the Board of Directors of Greater Roanoke Transit Company. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23266. A RESOLUTION approving a schedule of fares to be charged passengers using the urban mass transportation system operated in the City by Greater Roanoke Transit Company. WHEREAS, Greater Roanoke Transit Company, organized and incorporated by the City of Roanoke as an agency to provide urban mass transportation facilities and services within the City and surrounding areas in the Roanoke Valley has proposed the schedule of fares hereinafter set out, requesting that the Council approve the same, to be effective from and after October 15, 1976. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said 'C6u~6il doth hereby approve the following schedule of fares to be charged and collected from passengers using the urban mass transportation system of Greater Roanoke Transit Company from and after October 15, 1976, viz: 209 Base Fare Senior Citizen and Handicapped 10-ride ticket Weekly pass Student token Transfer Fare $ .4o .20 3.50 Eliminated 2/.40 Free BE IT FURTHER RESOLVED that the one-half base fare for the elderly (aged 65 or more) and the handicapped shall be effective during non-peak hours of operation. BE IT FURTHER RESOLVED that an attested copy of this resolution be transmitted by the City Clerk to the President of Greater Roanoke Transit Company. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1976. No. 23267. AN ORDINANCE relating to certain sewage service in the annexed areas of the ~'~ ~l~y; extending to the County of Roanoke and Roanoke County Public Service Authority proposal of an agreement to be entered into providing certain temporary procedures to be employed in billing and collecting charges for transmission and treatment of sewage in said areas; authoriZing the City of Roanoke's execution of said agreement; and providing for an emergency. WHEREAS, this Council and, it believes, the governing body of Roanoke County and its Roanoke County Public Service Authority are desirous of establishing a temporary method which would provide for payment of sewage transmission and treatment charges being made by said Authority to owners of certain properties in areas recently annexed to the City whose properties were, at the time of annexation, connected to or abutted on sewer mains or collectors under jurisdiction of said Authority, pending resolution of certain questions which have been raised in litigation between the parties; and WHEREAS, this body is agreeable that the City of Roanoke enter into formal written agreement with the aforesaid County and said Authority, as the latters' interests may appear, containing the provisions hereinafter set out; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,t~at said City is willing and does hereby offer to enter into written agreement with the County of Roanoke and with the Roanoke County Public Service Authority, as the latters' interests may appear, they being the parties of the first part and the City of Roanoke being the party of the second part, which agreement, after proper recitals, shall set forth the following provisions, viz: 210 1. That the parties of the first part shall continue to operate and maintain their presently owned water and sewer facilities in the annexed area and shall bill the persons in the annexed area so served for that service, such billings to be based on prevailing rates of the parties of the first part. 2. The parties of the first part shall collect and place in a separate account the revenues received from owners for the services so billed and shall accurately account for those revenues as hereinafter provided, separately from the revenues received from the remainder of its water and sewer facilities. The parties of the first part shall be entitled to withdraw from said account and use so much of said revenues as would be equivalent and equal to the amount of such revenues as would have been received and collected if billed and collected at the prevailing rates charged for similar service by the party of the second part; the remainder of such revenues, i.e., the aggregate of the difference in revenue between said schedules of rates shall be held by the parties of the first part in the separate account, subject to the provisions of paragraphs 3., A., B, C, 4. and 5., following. 3. At such time as a court of competent jurisdiction rules on the individual rights of the parties hereto to provide water and sewer service in the annexed area, the parties of the first part shall: A. Retain the revenue so received as outlined in (1) and (2) above if the court decrees that the parties of the first part have the right to provide the water and sewer service at the rates impartially imposed by the parties of the first part within its water and sewer systems or B. Refund to the citizens from which it was collected the prorated amount of the difference between the revenue collected in (1) and (2) above and the revenue that would have been collected at the prevailing rates charged for similar service by the party of the second part should the court decree that the party of the second part has the right to provide the service; or C. Abide by any other decree of the court as it may be rendered. 4. This agreement shall be subordinate to any specific provisions of a decree rendered by'a court of competent jurisdiction. 5. This agreement shall be null and void once a court decree dealing with the subject matter of this agreement has been rendered and the provisions of that decree and this agreement have been complied with. Lacking a coUrt decree, should the parties hereto succeed in their negotiations to affect the transfer of ownership and operations of the water and sewer facilities in the annexed area from the parties of the first part to the party of the second part, only the revenues collected by the parties of the first part between the date of this agreement and the effective date of transfer of ownership and operation of water and sewer facilities shall be subject to the terms of this agreement. 6. The parties hereto agree that the approval of this agreement and the execution thereof shall in no manner be construed to be an indication by said parties of their respective positions in any suits pending or may be brought in any court of competent jurisdiction. BE IT FURTHER ORDAINED that, upon similar authorization of such agreement being forthcoming from said County and said Authority, the Mayor or the City Manager and the City Clerk be and each is hereby authorized to execute an agreement containing the aforesaid provisions, such agreement to become effective as soon as the same be fully executed by the parties; and, further, that an attested copy hereof be transmitted by the City Clerk to the Chairman of the Board of Supervisors of Roanoke County and to the Chairman of the Roanoke County Public Service Authority. BE IT FINALLY ORDAINED that an emergency exists and that 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 27th day of September, 1976. No. 23268. AN 'ORDINANCE to amend and reordain Sec. 3.1., Chapter 3., of Title VIII, of the Code of the City of Roanoke, 1956, as amended, by providing for the establishment of a new airport advisory commission and for the membership of said commission; providing for liaison members to be appointed by governing bodies of certain other political subdivisions; and providing for an emergency. WHEREAS, it has been recommended to the Council by its Airport Advisory Commission in a report dated September 1, 1976, that provision be made to decrease the number of members of the Council's Airport Advisory Commission to seven, and to make provision for appointment of certain liaison members of said commissi¢ in which proposals the Council concurs; and WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist so that this ordinance may take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 3.1.., of Chapter 5, Title VIII, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained, to read and provide as follows: Sec. 3.1. Airport advisory commission - composition; liaison members. (a) There is hereby established a new airport advisory commission to be composed of seven mem- bers, none of whom shall be a member of the council, to act in an advisory capacity to the council in conjunction with the officers of the city in matters relating to the Roanoke Municipal Airport and to the airport department. The members of such commission shall serve for terms of four years ending June 30, and shall serve without compensation for their services as such members. Initially, two members shall serve for a term ending June 30, 1980; two members shall serve for a term ending June 30, 1979; two members shall serve for a term ending June 30, 1978, and one member shall serve for a term ending June 30, 1977, each, terminating on June 30, and vacancies 212 shall be filled by the council for the unexpired portion of any such term. The members of the commission shall annually select a chairman, a vice-chairman, and a secretary, and meetings of the commission shall be held on call of the chairman, the vice-chairman, the mayor or of any three members of the commission. (b) To the end that advice and Suggestion of other governmental subdivisions in the Roanoke Valley in matters relating to the development and operation of and the services which should be pro- vided by said airport, the governing bodies of the County of Roanoke, the County of Botetourt, the City of Salem and the Town of Vinton are authorized and invited to appoint one person, each, as liaison members of the airport advisory commission, to meet with the members of said commission and to take part in its deliberations and studies and make recommendations, but to have no vote in actions taken by said commission. BE IT FURTHER ORDAINED that an emergency exists and that 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 29th day of September, 1976. No. 23269. A RESOLUTION accepting a grant offer of Federal Airport and Airway Development funds to assist in financing ADAP Project No. 6-51-0045-06, for certain improvement of facilities at Roanoke Municipal Airport, Woodrum Field; and approving, ratifying and confirming execution of acceptance of a grant offer of a maximum of $648,000.00 of such funds. WHEREAS, a grant offer of Federal funds has been made to the City by the Federal~Aviation Administration to finance improvements to the Roanoke Municipal Airport, said offer being assigned FAA Contract No. FA-EA-1482 for Project No. 6-51-0045-06, dated September 23, 1976; and WHEREAS, said grant offer having been received by the City as aforesaid, Byron E. Haner, City Manager of the City of Roanoke, did, in fact, under date of September 23, 1976, execute on behalf of the City of Roanoke Part II thereof, in six copies, being the acceptance of said grant offer and a ratification of all statements, warranties, covenants and agreements contained in the City's project application and incorporated materials referred to in said grant offer, and this Council desires to approve, ratify and confirm all of the same; and WHEREAS, funds sufficient for payment of the estimated cost have been appropriated by the Council. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City of Roanoke hereby accepts the grant offer made to the City by the Department of Transportation, Federal Aviation Administration, under date of September 23, 1976, to provide not more than $648,000.00 of Federal funds to assist in providing the following improvements at Roanoke Municipal Airport, Woodrum Field: Install High Intensity Lighting, Runway 5-23; Precision instru- ment marking, Runway 5-23; Strengthen and mark parallel taxiway to Runway 15-33 (3600' x 50') and parallel taxiway to Runway 5-23 (3300' x 50'); Runway Grooving, Runways 5-23 and 15-33 (195,000 s.y.); Install Security Fencing (3000 1.f.) Purchase Fire/Crash/Rescue Vehicle (1500 gallon). BE IT FURTHER RESOLVED that the execution of the acceptance of the hereinabove referred to grant offer, in six copies, on behalf of the City of Roanoke by Byron E. Haner, City Manager, on September 23, 1976, is hereby approved, ratified and confirmed; and Mary F. Parker, 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; and that the grant offer herein referred to is incorporated herein by reference and a copy thereof shall be hereto attached. ATTEST: (See copy of grant offer attached to original Resolution, as filed in the City Clerk's Office.) City Clerk APPROVED ~vlayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1976. No. 23251. AN ORDINANCE accepting the proposal of General American Transportation Corporation to continue to lease to the City six (6) rubber lined rail tank cars for use at the City's Sewage Treatment Plant upon certain terms and conditions and authorizing the City's sublease of said tank cars to Wheeling-Pittsburgh Steel Corporation. WHEREAS, the City Manager, in rePort to the Council made September 27, 1976, has recommended that the City renew for a period of two (2) additional years commencing December 1, 1976, its lease made under date of August 26, 1974, with General American Transportation Corporation for the use of six of its rail tank cars for the purpose of transporting waste acid from various points to the City's Sewage Treatment Plant, advising the Council that said Company is willing to renew said lease at the rental rate of $215.00 per car per month during the additional term of the lease; recommending, further that upon such agreement being entered into, the City sublease said tank cars to Wheeling-Pittsburgh Steel Corporation as has heretofore been done pursuant to the provisions contained in Resolution No. 21249; in both of which recommendatio~ the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 213 214 1. That the proposal of General American Transportation Corporation, 380 Madison Avenue, New York, New York, for the leasing to the City of six (6) rubber lined rail tank cars having 10,000 gallon capacity, and each to be suitable for transporting waste muriatic acid to the City's Sewage Treatment Plant for a period of two (2) years, and at a monthly rental of $215.00 per car, in full accordance with the City's plans and specification made therefor be accepted; and that the City Manager and the City Clerk are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, a requisite contract with the aforesaid company, the same to incorporate the terms and conditions of this ordinance, and the City's plans and specifications made for said equipment; said contract to be upon such form as is approved by the City Attorney. 2. That the City Manager be and he is hereby authorized to enter into written agreement with Wheeling-Pittsburgh Steel Corporation, upon form approved by the City Attorney, providing for the City's sublease to Wheeling- Pittsburgh Steel Corporation of the six (6) aforesaid rail tank cars leased by the City from General American Transportation Corporation when and if such tank cars shall have arrived at Wheeling-Pittsburgh Steel Corporation's Yorkville and/or Stuebenville, Ohio plant and, until each such car be delivered by said sublessee to a common carrier at a point for transportation in accordance with the City's shipping instructions, said sublease to provide for a consideration of $1.00 payable by the sublessee to the City, and to contain such other provision and stipulations as are approved by the City Manager and the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1976. No. 23260. AN ORDINANCE amending and reordaining Sec. 11. Office hours and holidays Chapter 3. Officers and EmploYees Generally., of Title II. Administration, of the Code of the City of Roanoke, 1956, as amended, by amending subsection (d) thereof and by adding a new subsection (f) thereto to provide rules and regulations re~ating to equivalent time off'for hours worked in lieu of payment therefor for certain officers and employees of the City from and after April 1, 1977. WHEREAS, by report dated September 15, 1976, the City Manager recommend- ed to the Council that certain rules and regulations relating to equivalent time off for hours worked in lieu of payment therefor needed to be established relating to certain officers and employees of the City and, further, recommended the effective date from and after which such rules and regulations should be applicable, in which recommendation the Council concurs. 215 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 11. Office hours and holidays., of Chapter 3. Title II. of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows, viz: (d) The officers and employees shall remain in their respective offices during the hours herein provided for, and at such other times, including the days on which the offices may be closed pur- suant to paragraphs (a) and (b) of this section, as the heads of the departments shall require, except when official business requires that they be absent therefrom. The heads of the depart- ments, or directors in the case of heads of depart- ments, shall arrange for employees who are not paid for overtime work but who are required to work during hours and days other than as contem- plated in paragraph (a) of this section, to receive equivalent time off, provided, however, employees who become entitled to such equivalent time off shall not be entitled to carry over from one fiscal year to the next any such accumulated time in ex- cess of eighty (80) hours, nor shall entitlement to equivalent time off be used consecutively with regular vacation except upon written approval of the city manager or other Council appointee, or consecutively with and immediately preceding resignation or retirement from active service with the city, nor shall an employee, upon termination of employment with the city, be entitled to any payment in lieu of any such accumulated time. (f) Notwithstanding any provisions of this section ' ~' to the contrary, the city manager, the assistant city manager and directors by authority of the city manager, the city clerk, the director of finance, the city attorney, the municipal auditor, the city assessor and the city registrar shall not accumulate any equivalent time off for hours worked in addition to regular office hours; provided, however, any such officer may be absent from his or her respective office during regular office hours without penalty so long as such absence does not interfere with the normal operations of such office. BE IT FURTHER ORDAINED that the provisions of this ordinance shall be in force and effect from and after April 1, 1977. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1976. No. 23262. AN ORDINANCE amending and reordaining Ordinance No. 22874, adopted May 3, 1976, authorizing and providing for the lease by the City of the former Tinker School site to the Science Museum Association of Roanoke Valley, upon certain terms and conditions. WHEREAS, the Water Resources Committee by report to the Council has recommended that the Council concur in request made by the Science Museum Associa- tion of Roanoke Valley that its lease of the City's former Tinker School site, 216 authorized by Ordinance No. 22874 be made to extend for an initial term of five years, with certain options for renewal as are hereinafter provided, in which recommendation the Council does concur. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 22874, adopted May 3, 1976, be and is hereby amended and reordained, to provide as follows, viz: That the City Manager be, and he is hereby authorized upon the effective date of this ordinance to enter into written lease agreement on behalf of the City with the Science Museum Association of Roanoke Valley, leasing to said Association for a term of five years commencing as of July 1, 1976, the former Tinker School site, being the grounds and buildings appurtenant thereto, situate at 2323 Overlook Road, N. E., bearing Official No. 3240211, for a consideration of $1.00 per year, payable in advance to the City, such lease to be upon form drawn and approved by the City Attorney, but to contain amongst its provisions the following, viz: (a) That the grounds and buildings on said site be leased in their present condition, and the lessee shall be responsible for maintenance of the same o (b) That the lessee be permitted to use certain trails in the Mason Mill Park; (c) That the lessee shall maintain liability and fire insurance policies on said site, the amount of which to be acceptable to the City and such policies shall name the City as a co-insured; (d) that the lease shall not be assignable by the lessee nor shall the premises be sublet, in whole or in part, without the prior written consent of the City; (g) That the lessee shall agree to defend, indemnify and save the City harmless from the claims of all parties for damage or loss by reason of personal injury or property damage or loss in any manner arising as a result of or by reason of the City's lease of said premises to the lessee; and (h) That the lessee shall have the option to renew and extend the term of Said lease for two additional terms of five years, each, provided notic~ in ~writing of"election so to extend said term be given by the lessee to the City, at the office of its City Clerk, not less than 180 days prior to the expiration of any then current five-year term, or extended term; the term of the lease in no event to extend beyond June 30, 1991; (i) That should the lessee cease to occupy and use the leased premises for purposes of a science museum, or abandon said premises, or should the premises be destroyed by fire or other casualty and not replaced under mutual agreement of the parties, the lease shall be terminated at the option of the City on thirty days notice in writing to the lessee. (j) Such other provisions protecting or insuring the City's interest in the aforesaid premises as may be incorporated into said lease by the City Manager and the City Attorney. APPROVED ATTEST: 2i7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1976. No. 23270. AN ORDINANCE to amend and reordain "Schools - Indochinese Migration and Refugee Act," of the 1976-77 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 "Schools - Indochinese Migration and Refugee Act," of the 1976-77 Appropriatiol Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - INDOCHINESE MIGRATION AND REFUGEE ACT Teachers (1) ........................... $1,800.00 Refugee Adult Education Program (2) .... 353.01 Not previously appropriated (1) Net increase ............ $1,800.00 (2) Net increase 353.01 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 4th day of October, 1976. No. 23271. A RESOLUTION approving the Conservation Plan, Property Rehabilitation Standards and the feasibility of Relocation for the Riverdale Conservation Project. WHEREAS, under the provisions of the Housing and~Community Development Act of 1974, the City has applied for and received approval of an application for Community Development Block Grant Funding in the amount of Two Million Six Hundred Twenty-nine Thousand Dollars ($2,629,000.00); and WHEREAS, the City of Roanoke has executed a contract dated August 17, 1976, with the City of Roanoke Redevelopment and Housing Authority for the performance of certain activities proposed by the Community Development Program as set forth in the City's Application for Federal Assistance, dated April 16, 1976, included in which activities and set out in Sec. 5 of said contract are those activities implemented by the Conservation Plan, Property Rehabilitation Standards, and Relocation Plan herein referred to and hereinafter approved; and WHEREAS, there has been prepared and referred to the Council of the City of Roanoke for review and approval a Conservation Plan for the aforesaid rehabilitation area dated July, 1976, consisting of twenty-two (22) pages, 218 two (2) exhibits, two (2) maps; a set of conditions under which the Authority will make relocation payments, and property Rehabilitation Standards; and WHEREAS, the Conservation Plan has been approved by the Commissioners of the City of Roanoke Redevelopment and Housing Authority, as evidenced by a duly certified copy of said Commissioner's resolution adopted September 27, 1976, approving the Conservation Plan, on file in the office of the City Clerk; and WHEREAS, the Department of City Planning, which is the duly designated and acting official planning body for the City, has submitted to the Council its report and recommendations respecting the Conservation Plan for the rehab- ilitation area comprising the Project, and the Council has duly considered the report and recommendations of the planning body; and WHEREAS, the Authority has prepared and submitted Property Rehabilita- tion Standards for carrying out the Project in accordance with the Conservation Plan; and WHEREAS, the Authority has prepared and submitted a program of reloca- tion for individuals and families that may be displaced as a result of carrying out the Project in accordance with the Redevelopment Plan; and WHEREAS, the Council is cognizant of the conditions that are imposed in the undertaking and carrying out of Projects under the Housing and Community Development Act of 1974, including those prohibiting discrimination because of race, color, religion, sex or national origin: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke: 1. That the Conservation Plan, Property Rehabilitation Standards, and Feasibility of Relocation for the Riverdale Conservation Project dated July, 1976, having been duly reviewed and considered, is hereby approved, and the City Clerk is directed to file a copy of the Conservation Plan in the records of said City Clerk's Office; and 2. That it is hereby found and determined that the Program as provided for in said Conservation Plan for the proper relocation of individuals.and families displaced in carrying out the Conservation Plan in decent, safe and sanitary dwellings in conformity with acceptable standards is feasible and can be reasOnably and timely effected to permit the proper prosecution and completion of this Plan. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1976. No. 23272. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Watson Funeral Supply, Inc., to permanently vacate, discontinue and close a portion of WarwiCk Street, S. W., and an adjoining alley which is shown on the Map of Section 1, Mountain View Terrace Addition and the Map of Section 3, Roanoke Development Corporation and is more specifically described below; and referring the proposal to the City Planning Commission for study and recommendation. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of Watson Funeral Supply, Inc., that said petitioner did on September 23, 1976, duly and legally publish, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of his application to the Council of the City of Roanoke, Virginia, to close the hereinafter described portion of Warwick Street, S. W., and an adjoining 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 of the City Sheriff appended to the application addressed to the Council requesting that the hereinafter described portion of Warwick Street, $. W., and an adjoining 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 portion of the aforesaid street and alley; and WHEREAS, the applicants have requested that five viewers, any three of whom may act, be appointed to view the hereinafter described portion of Warwick Street, S. W., and the adjoining alley 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. George W. Overby, Edward H. Brewer, Jr., 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 Warwick Street, S. W., and the adjoining 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 vaqating, discontinuing and closing the same, namely: 219 220 BEGINNING at the intersection of the South line of Buford Avenue, S. W., and the east line of Warwick Street, S. W., being the northernmost corner of Lot 1, Block 21, as shown on plat of Section 3, of Roanoke Development Corporation of record in the Clerk's office of the Circuit Court of Roanoke County, Virginia, in Plat Book 1, page 61; thence, with the east line of Warwick Street, S. W., S. 21 deg. 16' W. 100 feet to a point on the westernmost corner of said lot and the northerly line of a 20 foot alley; thence with the northerly line of said 20 foot alley and the southerly line of Lots 1, 2, 3, 4, and 5, Block 21, Section 3, Roanoke Development Corporation, S. 68 deg. 44' E. 125 feet to a point at the southeasternmost corner of Lot 5; thence, S. 21 deg. 16' W. 20 feet to a point of the southerly line of said 20 foot alley at the common boundary of Lot 48, and a 1.10 acre tract as shown on the Map of Section 1, Mountain View Terrace Addition; thence with the southerly line of said 20 foot alley and the northerly line of the 1.10 acre tract N. 68 deg. 44' W. 375.0 feet to a point at the northernmost corner of the 1.10 acre tract; thence N. 21 deg. 16' E. 20 feet to a point on the northerly line of said 20 foot alley and the southerly line of Lot 8, Block 20, Section 3, Roanoke Development Corporation; thence with a portion of the southerly line of Lot 8, and the southerly lines of Lots 9 through 15, inclusive, Block 20, Section 3, Roanoke Development Corporation and the northerly line of said 20 foot alley S. 68 deg. 44' E. 187.50 feet more or less to the intersection of said alley with the west line of Warwick Street, S. W.; thence with the west line of Warwick Street, S. W., and the east line of Lot 15, N. 21 deg. 16' E. 100 feet to a point on the south line of Buford Avenue, S. W.; thence with the south line of Buford Avenue, S. W., S. 68 deg. 44' E. 60 feet to the place of BEGINNING. BEING all that portion of Warwick Street, $. W., lying to the south of Buford Avenue, S. W., and a segment of a 20 foot alley extending the length of the northerly line of a 1.10 acre tract shown on the map of Section 1, Mountain View Terrace Addition. BE IT FURTHER RESOLVED that the aforesaid Application to permanently vacate, discontinue and close the within described street and alley portion, be, and said proposal is hereby, referred to the City Planning Commission for study and recommendation back to the City Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1976. No. 23273. A RESOLUTION approving the City Manager's issuance of Change Order No. 1, in connection with the City's contract, dated June 17, 1976, with H.& S. Construction Company for the construction of concrete curbs, gutters, entrances and sidewalks on King Street, N. E., in the City, heretofore authorized by Ordinance No. 22970, to provide for an additional contract amount of $3,918.00, and providing for a fourteen (14) day time extension for said additional work. WHEREAS, the City Manager, in written report to the Council dated October 4, 1976, has recommended that the Council approve the issuance of a change order to the City's contract hereinafter described so as to provide for 221 the installation of drop inlets and accompanying pipe and construction of additional sidewalk on King Street, N. E., for an additional contract amount of $3,918.00, and for a fourteen (14) day extension of time for completion of the work. WHEREAS, funds sufficient for the payment of the cost of such additional work have been appropriated by the Council for the purpose, and the Council is of opinion that such work is necessary. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and is hereby authorized and empowered to issue, for and on behalf of the City, Change Order No. 1 to the City's contract with H. & S. Construction Company made under date of June 17, 1976, and authorized by Ordinance No. 22970, so as to provide for the installation of drop inlets and accompanying pipe and additional sidewalk on King Street, N. E., in the City, for an additional contract amount not to exceed $3,918.00, and to provide for a fourteen (14) day extension of time for completion of said work. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4tk day of October, 1976. No. 23274. AN ORDINANCE authorizing the City Manager to enter into a three party agreement between the City of Roanoke, the County of Roanoke and the Town of Vinton, as the parties of the first part as their interest may appear; Cycle Systems, Inc., as the party of the second part; and the Roanoke Valley Jaycees, Inc., as the party of the third part, which agreement will provide for the maintenance of ecology centers at twelve shopping centers in the Roanoke Valley upon certain terms and conditions and providing for an emergency. WHEREAS, the City Manager has recommended to this Council in a report dated October 4, 1976, that the Council authorize him to enter into a new agreement for the purpose of maintaining ecology centers at twelve (12) shopping centers in the Roanoke Valley, heretofore established by an agreement which was entered into by the City pursuant to Ordinance No. 22464 adopted September 15, 1975. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized, for and on behalf of the City, to enter into a three party agreement with the City of Roanoke, the County of Roanoke and the Town of Vinton, as the parties of the first part as their interests may appear; Cycle Systems, Inc., as the party of the second part; and the Roanoke Valley Jaycees, Inc., as the party of the third part, which agreement will 222 provide for the maintenance by the Jaycees of ecology centers at twelve shopping centers heretofore established in the Roanoke Valley for a six-month period commencing July 1, 1976, with provisions in the agreement that Cycle Systems, Inc., will provide and service the required containers and will recycle the collected products; that the Jaycees and the participating governing bodies will receive the revenues for the recyclable materials sold by Cycle Systems, Inc.; and that the expenses for the project will be shared by the City of Roanoke, the County of Roanoke and the Town of Vinton with the City's share not to exceed $4,992.00. 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 October, 1976. No. 23275. AN ORDINANCE authorizing the issuance of Change Order No. 2 to the City's contract with Graves Construction Company, Inc., dated ~ay 1, 1975, for the interior completion of the City's Public Works Service Center; providing for additional interior, electrical and excavation work at said service center; at an additional cost to the City of $3,436.42; and providing for an emergency. WHEREAS, in report dated September 2, 1976, the City Manager has recommended to the Council that a change order be executed to the City's contract with Graves Construction Company, Inc., for the interior completion of the City's Public Works Service Center to provide for additional work to be done at said service center, at an additional cost to the City of $3,436.42; in which recommendation the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized and empowered to issue and execute Change Order No. 2 to the City's contract with Graves Construction Company, Inc., dated May 1, 1975, for the interior completion of the City's Public Works Service Center so as to provide for additional interior, electrical and excavation work at said service center, at an additional cost to the City of $3,436.42, making for a total contract amount of $1,342,436.42. BE IT FURTHER ORDAINED that an emergency exists and that 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 4th day of October, 1976. No. 23276. AN ORDINANCE to amend Ordinance No. 22330, providing a System of Pay Rates and Ranges for the employees of the City of Roanoke, by amending Schedule 1 of said System of Pay Rates by adding steps 3 and 4 to the position of Social Worker, Code No. 5120, and changing the title of such position; and providing for an emergency. WHEREAS, for the usual daily operation of the municipal government an emergency exists in order that this ordinance take effect from and after its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 22330, adopted June 30, 1975, providing a System of Pay Rates and Ranges for the employees of the City, be and it hereby is amended to read and provide as follows, viz: Code Classification Hourly Equiv. Steps in Bi-Weekly Amounts 1 2 3 4 (8,528) 5120 Social Worker 4.10 328.00 (8,957) (9,308) (9,776) 344.50 358.00 376.00 (4.31) (4.48) (4.70) BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect from and after its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1976. No. 23277. A RESOLUTION authorizing waiver to the Distributive Education Chapter at William Fleming High School of payment of rental charges for the use of the Exhibit Hall at Roanoke Civic Center on December 22, 1976. 223 224 WHEREAS, the Distributive Education Chapter at William Fleming High School, sponsoring a dance for Roanoke Valley students, to be held December 22, 1976, has approached the Council with request that charges for rent normally attendant upon the use of the Exhibit Hall at Roanoke Civic Center whereat the dance is desired to be staged, 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 Distributive Education Chapter at William Fleming High School of the requirement of payment of the rental charge normally required for the use of the Exhibit Hall at Roanoke Civic Center for said Chapter's planned dance on December 22, 1976, to be held at said facility. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy hereof to Miss Martha McCray and Mr. T. J. Ross, representatives of the aforenamed organization. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1976. No. 23278. AN ORDINANCE amending and reordaining subsection (e) Method of Appointmen of Sec. 4. Authorities, Boards, Commissions and Committees., Chapter 4. The Council Title II of the Code of the City of Roanoke, 1956, as amended, and providing for an emergency. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that subsection (e) Method of Appointment., of Sec. 4., Chapter 4., of Title II of the Code of the City of Roanoke, 1956, as heretofore amended, by Ordinance No. 23159, be and said subsection is hereby amended and reordained, to read and provide as follows, viz: (e) Method of Appointment. Members of such boards, authorities, commissions and committees shall be selected by nomination by the Mayor or a member of the council, or upon the applica- tion of the nominee himself, and by election by the council upon an affirmative vote by at least four members of the council. All such nominations shall be on a form approved by the council. In making such nomination, it shall be stated that the nominee has been consulted and is willing to serve if elected. If so requested by any one member of the council any such appointment shall be made only after the appointee has been interviewed by the council. Appointments by the council to such authorities, boards, commissions and committees shall be based upon qualifications acquired through experience, train- ing and education, interest, willingness to serve, and dedication to promoting the best interest of all persons in the city and the Roanoke Valley. Member- ship shall not be restricted by race, creed, color, sex or religion; however, it shall be intended to have a membership balance among the various interests in our community. Membership except where required for a specific reason or an unusual circumstance shall be restricted to residents of the City of Roanoke. BE IT FURTHER ORDAINED that an emergency exists and that 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 4th day of October, 1976. No. 23279. AN ORDINANCE to amend and reordain Section #0101 Council of the 1976-1977 Appropriation Ordinance, and providing for an emergency. WHEREAS, a new ship of the United States Navy, christened the U.S.S. ROANOKE, AOR-7, upon its launching at San Diego, California, on December 7, 1974, is to be commissioned at Long Beach, California, on or about October 30, 1976, and the Council and a committee appointed by the Mayor, deem it fitting and appropriate that the City of Roanoke, in recognition of that honor and distinction, arrange that appropriate gifts from the City be given the ship upon its commissioning, for use by its officers and members of its crew; and WHEREAS, for the usual daily operation of the Municipal Government 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 #0101 Council of the 1976-1977 Appropriation Ordinance, be and the same is hereby amended, and reordained to read as follows, in part: Council # 0101 U.S.S. ROANOKE, AOR-7 Not previously appropriated (1) Net increase .......................... $1,600.00 (Note: To provide for a gift or gifts to U.S.S. ROANOKE, AOR-7, upon commissionin¢ BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 225 226 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1976. No. 23288. AN ORDINANCE to amend and reordain Section #0710, "Commonwealth Attorney," of the 1976-77 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 #0710, "Commonwealth Attorney," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH ATTORNEY #0710 Travel and Education (1) ............. $9,162.00 Not previously appropriated (1) Net increase $487.00 *95% to be reimbursed by D.J.C.P. Grant, 5% local cash match BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1976. No. 23289. AN ORDINANCE to amend and reordain Section #0710, "Commonwealth Attorney," of the 1976-77 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 #0710, "Commonwealth Attorney," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH ATTORNEY #0710 Travel and Education (1) ............. $9,900.00 NOt previously appropriated (1) Net increase $738.00 *95% to be reimbursed by D.J.C.P. Grant, 5% local cash match 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 October, 1976. No. 23290. AN ORDINANCE to amend and reordain Section #0710, "Commonwealth Attorney," of the 1976-77 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 t° exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #0710, "Commonwealth Attorney," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH ATTORNEY #0710 Travel and Education (1) ............. $10,322.00 Not previously appropriated (1) Net increase- -$422.00 *95% to be reimbursed by D.J.C.P. Grant, 5% local cash match BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1976. No. 23291. AN ORDINANCE to amend and reordain certain sections of the Capital Fund of the 1976-77 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 Capital Fund of the 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CAPITAL FUND A083220 - Highway Construction Fund (1) ..... $159,351.88 A084607 - Traffic Signals Garden City - Riverdale (2) ..................... 78,000.00 (1) Net decrease ............... $78,000.00 (2) Net increase ...... 78,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 227 228 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1976. No. 23292. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: REGIONAL INTAKE OFFICE - A35-7424 Salaries and Wages (1) ............. $ -0- Travel and Education (2) ........... -0- (1) Net decrease, $44,564.00 (2) Net decrease 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 llth day of October, 1976. No. 23293. AN ORDINANCE to amend and reordain Section #0722, "Regional Intake Office," of the 1976-77 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 #0722, "Regional Intake Office," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: REGIONAL INTAKE OFFICE ~0722 Salaries and Wages (1) ............. $44,564.00 Travel and Education (2) .......... $ 1,000.00 (1) Net increase- $44,564.00 (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 22g IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1976. No. 23294. A RESOLUTION designating certain officials of the City of Roanoke as "Authorized Officials for the Grant", to act for and on behalf of said City in applying for and receiving reimbursement under EPA Grant No. C-510233 of certain Federal funds, under provisions of the Water Pollution Control Act Amendments of 1972. WHEREAS, the City of Roanoke heretofore received a Federal grant for the purpose of constructing additional digestors, chlorination facilities and air blowers at the City's Regional Sewage Treatment Plant, which project became eligible for additional funds under the additional reimbursement provisions of Section 206(a) of the Water Pollution Control Act Amendments of 1972; and WHEREAS, most of the funds for the project having been received by the City and final inspection and audit by the Environmental Protection Agency having been performed, said Agency is now understood to be prepared to make final payment, estimated by the City to amount to approximately $27,850.00, and to close out the project grant. WHEREAS, prior to the issuance of final payment, an official of the City needs be designated as the "Authorized Official for the Grant", for purpose of executing request for reimbursement forms and other documents necessary to close out the grant; the designation being necessary because prior authorized officials are no longer employed by the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Byron E. Haner, City Manager, or, in his absence, Sam H. McGhee III, Assistant City Manager, be and each is hereby designated and "Authorized Official for the Grant", with authority to act for and on behalf of the City of Roanoke in the premises and, in the name of said City of Roanoke to execute all requisite requests for final reimbursement under E.P.A. Grant No. C-510233 in Federal funds for the City's cost of constructing additional digestors, chlorination facilities and air blowers at the City's Regional Sewage Treatment Plant, and to execute all requisite agreements, covenants and conditions attendant upon such reimbursement, and receipts therefor. BE IT FURTHER RESOLVED that the City Clerk do make and certify copies of this resolution, to be transmitted to the Environmental Protection Agency as the same may be needed. ATTEST: City Clerk APPROVED Mayor 230 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1976. No. 23295. A RESOLUTION designating certain officials of the City of Roanoke as "Authorized Officials for the Grant", to act for and on behalf of said City in applying for and receiving reimbursement under EPA Grant No. C-510266 of certain Federal funds, under provisions of the Water Pollution Control Act Amendments of 1972. WHEREAS, the City of Roanoke heretofore received a Federal grant for the purpose of constructing a parallel line for the Tinker Creek Interceptor from Orange Avenue to a point below Wise Avenue and for portions of its Lick Run and Orange Avenue Interceptors, which project became eligible for additional funds under the additional reimbursement provisions of Section 206(a) of the Water Pollution Control Act Amendments of 1972; and WHEREAS, a portion of the funds for the projects having been received by the City and final inspection and audit by the Environmental Protection Agency having been performed, said Agency is now prepared to make final payment, estimated by the City to amount to approximately $154,000.00, to close out the project grant; and WHEREAS, prior to the issuance of final payment, an official of the City needs be designated as the "Authorized Official for the Grant", for purpose of executing request for reimbursement forms and other documents necessary to close out the grant; the designation being necessary because prior authorized officials are no longer employed by the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Byron E. Haner, City Manager, or, in his absence, Sam H. McGhee III, Assistant City Manager, be and.each is hereby designated and "Authorized Official for the Grant", with authority to act for and on behalf of the City of Roanoke in the premises and, in the name of said City of Roanoke to execute all requisite requests for final reimbursement under E.P.A. Grant No. C-510266 in Federal funds for the City's cost of constructing the parallel line for the City's Tinker Creek Sewer Interceptor from Orange Avenue to a point below Wise Avenue and for portions of the City's Lick Run and Orange Avenue Sewer Interceptors, and to execute all requisite agreements, covenants and conditions attendant upon such reimbursement, and receipts therefor. BE IT FURTHER RESOLVED that the City Clerk do make and certify copies of this resolution, to be transmitted to the Environmental Protection Agency as the same may be needed. ATTEST: City Clerk APPROVED 23:1. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1976. No. 23296. A RESOLUTION authorizing and directing application to be made to the U. S. Department of Commerce, Economic Development Administration for a grant to the City under the Local Public Works Capital Development and Investment Act (LPW-1976) for aid in construction of a new courthouse-jail complex in the City of Roanoke. WHEREAS, the Local Public Works Capital Development and Investment Act (LPW-1976), Public Law 94-369, has recently been passed by the U. S. Congress and signed into law by the President of the United States; pursuant to which, 100% Federal funding for certain construction ~projects of local governments has been made available; and WHEREAS, the City Manager, by report dated October 11, 1976, has advised the Council that such funding may be available to assist the City in the construction of its new courthouse-jail complex, and has recommended that he be authorized to cause to be prepared and filed, on behalf of the City, a requisite application for a grant of Federal funds, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed to cause to be prepared and filed an application in an amount of not less than $5,000,000.00, on behalf of the City to the U. S. Department of Commerce, Economic Development Administration for a grant to the City of Federal funds to aid the City in the construction of its proposed new courthouse-jail complex within the City; and, in so doing said City Manager is authorized to execute the name of the City of Roanoke to requisite application forms and to make the assurances provided for therein, and specifically the assurance that, if such grant be made to the City, said City will not use such grant funds to supplant any previously budgeted, committed or otherwise available local funds for such project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1976. No. 23297. AN ORDINANCE ratifying and adopting the City's project application made to the United States of America, through the State Water Control Board, for a Step III grant of funds under the Federal Water Pollution Control Act; accepting a certain grant offer in the amount of $725,770.00 made to the City by the United States of America under date of September 20, 1976, as E.P.A. Grant 232 Amendment No. C-510510-02, for eligible costs of replacement of the Downtown- Norfolk Avenue sewer interceptor from Tinker Creek to the southeast corner of 1st Street, S. W., in the City of Roanoke; authorizing Byron E. Haner, City Manager, or in his absence, Sam H. McGhee, III, Assistant City Manager, to execute the City's acceptance of the aforesaid grant offer as evidence of the City's acceptance thereof, and to enter into a Grant Agreement on behalf of the City with the United States of America in the premises; and providing for an emergency. WHEREAS, pursuant to an application heretofore made to the United States of America on behalf of the City as heretofore authorized by the Council, for a grant of funds under the Federal Water Pollution Control Act, as amended, the United States of.America has made to the City of Roanoke, under date of September 20, 1976, an offer to provide funds not exceeding $725,770.00 to assist in defraying the cost of replacement of the Downtown-Norfolk Avenue sewer interceptor from Tinker Creek to 1st Street, S. W., within the City of Roanoke, and including certain allowable associated costs referred to therein, said offer being made on EPA Form 5700-20 (Rev. 4-75), andsaid project being referred to therein as Project No. C-510510-02; and WHEREAS, local funds sufficient to pay the City's cost of the improvement~ to be accomplished under the aforesaid Project have been appropriated by the Council and are available for that purpose; and the Council deems it proper that the City of Roanoke accept the offer of $725,770.00 of Federal funds as made and contained in the offer of Grant Amendment dated September 20, 1976, made to said City on behalf of the United States of America by the Environmental Protection Agency, and upon the terms therein set out and subject to the conditions and provisions contained in PART III of said offer and acceptance, and to make and commit said City to the assurances set out in said grant offer documents; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That said City doth ratify and adopt the application heretofore made on behalf of the City to the United States of America, through the State Water Control Board, for the grant of certain Federal aid to assist in defraying the expense of replacement of the Downtown-Norfolk Avenue sewer interceptor from Tinker Creek to 1st Street, S. W., in said City. 2. That said City doth hereby accept the offer made to the City by the United States of America under date of September 20, 1976, on EPA Form 5700-20 (Rev. 4-75) of a Federal grant of $725,770.00 to assist the City in defraying the cost of replacement of the aforesaid Downtown-Norfolk Avenue sewer interceptor, the eligible project including allowable associated costs as defined in 40CFR 35.940-1 up to the amounts shown in Part II of the Grant Amendment, as Project No. C-510510-02, upon all of the terms, provisions and conditions therein set out, a copy of the aforesaid offer in which is contained the terms, provisions and conditions above referred to and the written assurances to be made by the 233 City to the Government in connection with the offer and acceptance of the Federal grant therein referred to being on file in the office of the City Clerk and being expressly incorporated herein by reference. BE IT FURTHER ORDAINED that Byron E. Haner, City Manager, or in his absence, Sam H. McGhee, III, Assistant City Manager be, and each of them is hereby authorized and directed to execute, for and on behalf of the City, the written acceptance of the City set out in Part IV - Offer and Acceptance on Page 5 of the aforesaid grant offer amendment and acceptance document and, further, to execute, as the City's representative, the provisions, conditions and assurances set out in Parts 1 through IV attached sheets of the grant amendment documents and made a part of said offer and acceptance and referred to therein on page 5 of said Form, including all assurances and agreements as to any overpayments therein contained. BE IT FURTHER ORDAINED that upon execution of the City's acceptance of said offer and of the conditions and assurances incorporated therein, the original and one copy of the aforesaid document be forthwith forwarded to the Chief, Grants Administration Branch, U. S. Environmental Protection Agency, Region III, 6th and Walnut Streets, Philadelphia, Pennsylvania, 19106, together with attested copies of this ordinance. BE IT FINALLY ORDAINED that an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1976. No. 23298. A RESOLUTION authorizing the execution on behalf of the City of an agreement between the City, the Commonwealth of Virginia and the Norfolk and Western Railway Company relating to the construction of the proposed new 13th Street, S. E., bridge over the Norfolk and Western Railway Company's tracks and Roanoke River and other related improvements, as a part of Project U000-128-102, C-501, C502, B-604, Federal Project M-5128 (9). WHEREAS, for the accomplishment of the work to be performed in the construction of an extension of 13th Street, S. E., and a new bridge over Roanoke River and tracks of the Norfolk and Western Railway Company, being the State and Federal highway project herein referred to, it is necessary that the parties concerned enter into written agreement relating to the manner of performing said work, determining the portion to be done by each of the parties and the method of reimbursing said Railway for the portion of work to be performed by it, all of which has been reduced to writing and exhibited to the Council as a proposed 2,3 4 agreement in writing, consisting of eight (8) typewritten pages and accompanying exhibits, made to be executed by said three parties under date of October 11, 1976, setting out the obligations and responsibilities of the respective parties; which proposed agreement the Council has considered and deems proper to be executed on behalf of the City, a copy of said agreement having been placed on file in the Office of the City Clerk; and WHEREAS, the Council, considering the matter, deems it proper and necessary that the City enter into the aforesaid agreement and be bound by the provisions thereof, said City, by collateral agreement made with the Commonwealth of Virginia, Department of Highways and Transportation, having undertaken to reimburse said Commonwealth a certain portion of the total cost of the aforesaid highway project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, and upon approval of the form thereof by the City Attorney, to execute and to seal and attest, respectively, in triplicat that certain eight (8) page typewritten agreement entitled "13th Street Extension, Project U000-128-102, C-501, C-502, B-604, Federal Project, M-5128 (9)-Norfolk and Western Railway Overpass, Mile Post 241+673', City of Roanoke", prepared to be entered into by and between the Commonwealth of Virginia, the City of Roanoke and the Norfolk and Western Railway Company, a copy of which is on file in the Office of the City Clerk and which relates to construction of a new bridge over the tracks of the Norfolk and Western Railway Company at approximately its Mile Post 241+673', in the City, and related storm sewer construction, which fixes and determines the manner of performing said work, the portion to be done by each of the parties and the method of reimbursing said Railway for the portion of work done by it and which obligates the City to remove or cause to be removed or replaced certain public utilities in the existing right-of-way and, upon completion of the project, to maintain the bridge and approaches, including highway drainage and appurtenances for said project, said agreement when so executed on behalf of the City, to be transmitted by the City Manager to the State Urban Engineer for execution of said agreement on behalf of the Commonwealth of Virginia. ATTEST: City Clerk APPROVED Mayor 235 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1976. No. 23299. A RESOLUTION approving an amendment to Sec. 8 of the United States Department of Housing and Urban Development, Community Development Block Grant, Grant No. B-76-MC-51-0020, by increasing the City of Roanoke Redevelopment and Housing Authority's allocation for housing assistance payments by twenty (20) additional dwelling units. WHEREAS, the United States Department of Housing and Urban Development has offered to increase the City of Roanoke Redevelopment and Housing Authority's allocation for housing assistance payments by twenty (20) additional dwelling units for the two year period ending June 30, 1977, by amending Sec. 8 of Grant No. B-76-MC-51-0020, to increase the number of housing units from 378 to 398 for such two year period, upon approval of such increase by the Council of the City of Roanoke; and WHEREAS, the City Manager, by report dated September 15, 1976, has recommended to the Council that it approve the proposed amendment of Grant No. B-76-MC-51-0020, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it does hereby approve an amendment to Sec. 8 of the United States Department of Housing and Urban Development, Community Development Block Grant, Grant No. B-76-MC-51-0020, increasing the City of Roanoke Redevelopment and Housing Authority's allocation for housing assistance payments by twenty (20) additional dwelling units for the two year period ending June 30, 1977, thereby making such housing unit allocation for such two year period 398 units. BE IT FURTHER RESOLVED that attested copies of this resolution be forthwith transmitted to the City of Roanoke Redevelopment and Housing Authority for distribution to appropriate governmental agencies. ATTEST: City Clerk APPROVED Mayor 236 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1976. No. 23300. A RESOLUTION confirming the City Manager's appointment of J. D. Sink 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 doth hereby confirm the City Manager's appointment of J. D. Sink as Director of Public Works, in Pay Range 36, Step 2, effective October 5, 1976, 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's meeting held on October 4, 1976. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23280. AN ORDINANCE permanently abandoning, vacating, discontinuing and closing an alley in the southeast section of the City of Roanoke, appearing on the Map of Cundiff Addition filed in the Clerk's Office of the Circuit .Court for the City of Roanoke, Virginia, in Plat Book 1, page 183. WHEREAS, Glenn Durwood Cunningham, Allie La Rue Kinley, and Squire James Kinley have heretofore filed application before the Council of the City of Roanoke in accordance with Virginia Code SS15.1-364 requesting Council to permanent ly abandon, vacate, discontinue and close the alley in said application described. WHEREAS, notices of the intended application were posted in three (3) public places in the City of Roanoke ten days prior to Council's consideration of said application as provided in Virginia Code SS15.1-364. WHEREAS, in accordance with the prayer contained in said application, Resolution No. 23139 was adopted by the City Council on the 2nd day of August, 1976, pursuant to which viewers were appointed to view the property and to report in writing what inconvenience, if any, would result from permanently abandoning, vacating, discontinuing and closing the said alley hereinafter described, and further the City Council referred the issues raised by said applicants to the Planning Commission of the City of Roanoke for the Commission's study of said request and a report thereon. WHEREAS, it appears from the report in writing filed by the viewers with the City Clerk dated September 10, 1976, together with the affidavit of said viewers, last subscribed to on September 10, 1976, that no inconvenience 237 would result, either to any individual or to the public, from the permanent abandoning, vacating, discontinuing and closing of the said alley, and to which report no exceptions have been filed. WHEREAS, the City Planning Commission, by letter directed to the Mayor of the City of Roanoke and the members of City Council dated September 15, 1976, recommended to City Council that the request contained in the application afore- said be granted. WHEREAS, after notification to the land proprietors along the alley hereinafter described and after newspaper publication as by statute provided, a Public Hearing was held before Council on the llth day of October, 1976, at which hearing all interested parties and citizens were afforded an opportunity to be heard on the question of the proposed alley closing; and WHEREAS, upon consideration of the matter, the Council is of the opinion that no inconvenience will result to any owner or to the public from the permanent abandonment, vacating, discontinuance and closing of the alley hereinafter described. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia that the following alley located in the southeast section of the City of Roanoke be, and the same hereby is, permanently abandoned, vacated, discontinued and closed: From the westerly side of Munford Avenue S. E., along the northerly boundary of Lot 11, Section 1, Map of Cundiff Addition, N. ~9 ~eg'., 05' W. 80.95 feet to a 10' alley; thence with the easterly line of said 10' alley extended, N. 15 deg., 30' W. to a point on the southeasterly corner of Lot 9, Section 1, Map of Cundiff Addition; thence along the southern boundary of Lots 9 and 10, Section 1, Cundiff Addition, S. 59 deg., 05' E. 89.62 feet to a point in the western side of Munford Avenue, the south- easterly corner of Lot 10, Section 1, Cundiff Addition; thence along the western side of Munford Avenue, 10 feet to the place of beginning. BE IT FURTHER ORDAINED that the City Engineer of the City of Roanoke be, and he hereby is, directed to mark "Permanently Abandoned, Vacated, Discontinued and Closed" the alley hereinabove described on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, Virginia, on which said maps and plats said alley is shown, referring to the book and page of Ordinances and Resolutions of Council wherein the Ordinance shall be spread. BE IT FURTHER ORDAINED that, notwithstanding anything to the contrary herein contained, the City reserves unto itself an easement for any water or sewer or other public utility line or lines, if any, now existing in the alley hereinabove described, along with the right of ingress and egress for the mainte- nance and repair thereof. BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this Ordinance to be recorded as deeds are recorded and indexed in the name of the City of 238 Roanoke, at the expense of the applicant; and, if requested by any party in interest, said Clerk shall make, certify and deliver additional copies hereof. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23281. AN ORDINANCE permanently vacating, discontinuing and closing the southerl portion of a 12-foot wide alley lying between and abutting Lots 1 and 2, on the west, and the major portion of Lot 27, on the east, in Section 1, Stratford Court, City of Roanoke, said Lots being designated respectively as tax numbers 1250309, 1250308 and 1250319. WHEREAS, York Forestry & Land Company, Inc., did, on the 12th day of July, 1976, make written application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close a southerly portio~ of the 12-foot wide alley extending from Windsor Avenue, S. W., to Brandon Avenue, S. W., in Section 1 of Stratford Court, as the same is hereinafter described; and WHEREAS, said applicant did on the 23rd day of June, 1976, duly and legally publish notice of its application to the Council to close said alley by posting a copy of the notice on the front door of the Courthouse in the City of Roanoke, Virginia, at its Campbell Avenue entrance, and at the Market Building, at its Campbell Avenue entrance and at its Salem Avenue entrance, all of which is verified by affidavit of the Sheriff of the City of Roanoke appended to a copy of said notice and 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, of 1950, as amended, viewers were appointed by the Council by Resolution No. 23082, adopted July 12, 1976, to view said alley and to report in writing whether or not, in their opinion, any inconvenience would result from formally vacating, discontinuing and closing said portion of the alley; and WHEREAS, it appearing from a written report of the viewers, dated September 10, 1976, and filed with the City Clerk, that no inconvenience would result, either to any individual or to the public, from permanently vacating, discontinuing and closing the portion of the alley described in the application; an 239 WHEREAS, the City Council at its meeting on July 26, 1976, referred the said application to the City Planning Commission, which Commission, after consider- ing the matter at its meeting held on September 8, 1976, recommended, in a communi- cation to the City Council dated September 15, 1976, that the hereinafter described alley be closed, there to be retained, open, sufficient of the alley south of the south line of the other alley running east-west through the block to permit of a T-type turnaround at the junction of said alleys; and WHEREAS, on the llth day of October, 1976, a public hearing was held on said application before the Council of the City of Roanoke, after due and timely notice thereof given 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, from all of the foregoing, the Council considers that no incon- venience will result to any individual or to the public from permanently vacating, discontinuing and closing the portion of the alley hereinafter described, as applie( for by York Forestry & Land Company, Inc., and recommended by the City Planning Commission and reported on by said viewers. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all of the southerly portion of that certain 12-foot wide alley running in a north-south direction through Section 1 as shown on the Map of Stratford Court which lies south of the division line between Lots 2 and 3 in Section 1, aforesaid, if such division line were extended easterly across said alley, and extends to the present north line of Brandon Avenue, S. W., as said new north line is shown on Plan No. 3718-A, dated May 1958, on file in the Office of the City Engineer, be and that portion of said alley is hereby permanently VACATED, DISCONTINUED and CLOSED as a public alley;.that all right and interest of the public in and to the same be and it is hereby released insofar as the Council of the City of Roanoke, Virginia, is empowered to do so; it being the intent of this ordinance to vacate, close and discontinue only so much of said 12-foot wide alley as abuts the rear or easterly line of Lot 2 and the east line of the northerly residue of Lot 1 in Section 1, aforesaid, said lots being identified as Lots 1250308 and 1250309, respectively, on the Tax Appraisal Map of the City of Roanoke, and that no portion of said 12-foot north-south alley which lies north of the division line between Lots 2 and 3, extended as aforesaid, is in any wise vacated or otherwise affected by this closing ordinance; the Council expressly reserving, by this ordinance, unto the City of Roanoke a perpetual easement in and to the land in the southernmost 17.5 feet, approximately, of the alley herein vacated and closed for the purpose of maintaining adequate and proper slopes for the maintenance of Brandon Avenue, S. W., at the south end of said former alley, such slope area being shown or indicated on Plan No. 3718-A, aforesaid; and the Council reserving, further, to the City of Roanoke a perpetual easement and right to maintain, operate and repair such existing underground water lines, sewer or drain lines or other public utili- ties which are or may be presently located within the right-of-way of said former alley. 24O BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is directed to mark "permanently vacated" on the portion of the 12-foot alley herein vacated and closed on all maps and plats on file in his office on which said alley or portions thereof are shown noting, however, the slope easement reserved in the southerly 17.5 feet of said alley and referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of.the Circuit Court of the City of Roanoke, Virginia, a certified copy of this Ordinance, to be recorded as deeds are recorded and indexed in the name of the City of Roanoke, at the expense of the applicant; and, if requested by any party in interes said Clerk shall make, certify and deliver additional copies hereof. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23282. AN ORDINANCE permanently vacating, discontinuing and closing certain streets and alleys, and portions of certain streets and alleys, located within or bordering upon Section 4, Gainsboro Neighborhood Development Program, all of 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 the Council to permanently vacate, discontinue and close the aforesaid streets and alleys, and street and alley portions, which are more particularly described hereinafter; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority did on August 6, 1976, 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 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. 23174, dated August 16, 1976, to view said streets and alleys, and street and alley portions, and to report in writing whether or not in their opinion any inconvenience would result from formally vacating, discontinuing and closing said streets and alleys and street and alley portions; and 241 WHEREAS, it appearing from the report of the viewers dated August 30, 1976, and filed with the City Clerk on September 8, 1976, that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing permanently said streets and alleys and street and alley portions; and WHEREAS, Council at its meeting on August 16, 1976, referred said appli- cation to the City Planning Commission, which after giving proper notice to all concerned and having a hearing at its regular meeting on September 8, 1976, recom- mended 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 meeting on October 11, 1976, 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 closing of the hereinafter described streets and alleys, and street and alley portions, have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said streets and alleys, and street and alley portions, as applied for by the City of Roanoke Redevelopment and Housing Authority~ and recom~ended by the City Plannin9 Con~L~ission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia~ that the streets and alleys, and street and alley portions, located within or bordering upon Section 4, Gainsboro Neighborhood Development Program, which are more particularly described as follows: (1) All 'of the following described portions of Peach Road, N. W. and Gainsboro Road, N. W., located within the boundaries of Section 4 of Gainsboro: BEGINNING at the point of intersection of the present northerly right of way line of Gainsboro Road, N. W., with the present easterly right of way line of Peach Road, N. W.; thence S.1 deg. 26' 28" E. 44.80 feet to a point on the present southerly right of way line of Gainsboro Road, N. W.; thence with the present right of way line of Gainsboro Road, N. W. S. 28 deg. 58' 07" W. 98.90 feet to a point; thence N. 6 deg. 33' 26" E. 104.06 feet to the point of intersection of the present northwesterly right of way line of Gainsboro Road, N. W., with the present westerly right of way line of Peach Road, N. W.; thence with the present right of way line of Peach Road, N. W., N. 2 deg. 36' 13" W. 6.86 feet to a point; thence through and across Peach Road the following courses and distances: N. 2 deg. 33' 17" E. 28.88 feet to a point; thence with a curved line to the left an arc distance of 111.73 feet (radius of said curve being 5764.58 feet with a chord bearing and distance of N. 7 deg. 36' 45" E. 111.73 feet) to a point of reverse curve; thence with a curved line to the right an arc distance of 24.18 feet (radius of said curve being 23.00 feet with a chord bearing and distance of N. 37 deg. 10' 55" E. 23.09 feet) to a point on the present easterly right of way line of Peach Road, N. W.; thence with same S. 2 deg. 09' 30" E. 137.02 feet to the POINT OF BEGINNING, as shown on a map dated May 28, 1976, made by Hayes, Seay, Mattern and Mattern (the above described street portions to be closed are cross- hatched and colored red on the aforesaid map). All bearings refer to the meridian of the "Virginia Plane Coordinate System, South Zone". 2Zl, 2 · (2) Ail of the area of Gainsboro Road, N. W., extending from the portion of Gainsboro Road to be closed described in paragraph (1) hereinabove to its terminus at the inter- section of Gainsboro Road, N. W., and the westerly right- of-way line of Interstate Route 581. (3) Ail of the area of Jefferson Street lying between the southerly line of the portion of Gainsboro Road, N. W., to be closed described hereinabove in paragraph (2) and the center line (projected) of Walker Avenue, N. E. (4) Ail of the area of Walker Avenue, N. E., lying between its intersection with the easterly line of Jefferson Street and its intersection with the westerly line of Second Street, N. E., except that the following described portion of Walker Avenue, N. E., is not to be closed: BEGINNING at the point of intersection of the present westerly right of way line of Second Street, N. E., with the present southerly right of way line of Walker Avenue, N.E.; thence with the southerly right of way line of Walker Avenue, N. E. N. 87 deg. 55' 52" W. 8.44 feet to a point; thence through and across Walker Avenue, N. E., the following courses and distances: N. 15 deg. 39' 09" W. 35.69 feet to a point of curve; thence with a curved line to the left an arc distance of 15.77 feet (radius of said curve being 225.00 feet with a chord bearing and distance of N. 17 deg. 39' 37" W. 15.76 feet) to a point on the present northerly right of way line of Walker Avenue; thence with same S. 87 deg. 54' 40" E. 19.12 feet to a point, said point being the present northwest corner of Walker Avenue, N. E., and Second Street, N. E.; thence S. 4 deg. 22' 15" E. 49.14 feet to the POINT OF BEGINNING, as shown on a map dated May 28, 1976, made by Hayes, Seay, Mattern and Mattern (the above described portion of Walker Avenue not to be vacated is colored red and cross-hatched on the afore- said map.) Ail bearings refer to the meridian of the "Virginia Plane Coordinate System, South Zone". (5) Ail of the area of Gregory Avenue, N. E., lying between its intersection with the southerly line of the portion of Gainsboro Road, N. W., to be closed, described in paragraph (2) hereinabove and its intersection with the westerly right of way line of Interstate Route 581. (6) Ail of the area of that certain alley bounded on the south by the northerly line of the portion of Walker Avenue, N. E., to be closed, described in paragraph (4) hereinabove; on the east by the westerly lines of Lots 17, 16, 15, 14 and 13, Block 4, Official Survey Northeast 2, on the north by the southerly line of Lot 12, Block 4, according to the aforesaid Official Survey Map and on the west by the easterly line of Lot 11, Block 4, according to the aforesaid Official Survey Map. (7) Ail of the area of that certain twenty foot wide alley bounded on the east by the westerly line of Peach Road, N. W.; on the north by the southerly line of Lots 1 (Official Tax No. 2021642), 5, 6, 7, (Official Tax Nos. 2021631 and 2021632) and 8, Block 3, North Side Addition; on the west by the easterly line of Parcel D as shown on the Map of Section 1, Gainsboro, made by Hayes, Seay, Mattern and Mattern dated July 22, 1974, of record in the Clerk's Office of the Circuit Court of the City of Roanoke in Map Book 1, page 218; and on the south by the northerly lines of Lots 6, 5, 4 (Official Tax Nos. 2021671 and 2021672) and 3 (official Tax Nos. 2021673 and 2021674), North Side Addition and that certain Parcel having Official Tax No. 2021675. (8) Ail of the area of that certain alley extending in a westerly direction between Block 4 and Block 5, North Side Addition from its intersection with the westerly line of Peach Road, N. W. to its intersection with that portion of the same alleyway which was permanently vacated and closed by Ordinance of the Council of the City of Roanoke No. 21281 dated January 7, 1974, of record in the aforesaid Clerk's Office in Deed Book 1341 at page 340. (9) Ail of the area of McDowell Avenue, N. W. between its intersection with the easterly line of Section 1, Gainsboro, (at that point being the easterly line of 3rd Street, N. W. as shown on the aforesaid Plat of Section 1, Gainsboro) and its intersection with the westerly proposed right-of-way line of the new Gainsboro Road as shown on the preliminary Plat of Section 4, Gainsboro, (which line at this point generally coincides with the present westerly line of Peach Road, N. W.). 243 (10) Ail of the area of that certain alley extending in a northerly direction from its intersection with the northerly line of that certain alley to be closed described in paragraph (7) above to its intersection with the southerly line of Madison Avenue, N. W., said alleyway being bounded on the west by the easterly line of Lot 5, Block 3, North Side Addition; and on the east by the westerly lines of Lots 1 (Official Tax Nos. 2021642 and 2021641), 2, 3, and 4, Block 3, North Side Addition. (11) Ail of the area of that certain alley extending in a northerly direction from its intersection with the northerly line of Madison Avenue crossing the alleyway described in paragraph (8) hereinabove to its intersection with the southerly line of the portion of McDowell Avenue to be vacated, described in paragraph (9) hereinabove (being a continuation of the alley- way described in paragraph (10) hereinabove). Said alleyway being bounded on the east by the westerly lines of Lots 1 and 2, Block 4, (Official Tax No. 2021367) and Lots 1 (Official Tax No. 2021331) and 2, Block 5, North Side Addition; and on the west by the easterly lines of Lot 3, Block 4, and Lot 3, Block 5, North Side Addition. (12) Ail of the area of that certain alley extending in a westerly direction from its intersection with the westerly line of Peach Road, N. W. to its terminus, and being bounded on the north by the southerly line of Lot 3, Block 3, North Side Addition (being the southerly portions of parcels with Official Tax Nos. 2021635 through 2021639, inclusive) and on the south by the northerly line of Lot 2, Block 3, North Side Addition. (13) Ail of that certain alley extending in a southerly direction from its intersection with the southerly line of the portion of McDowell Avenue, N. W. to be vacated as described hereinabove in paragraph (9) to its terminus at the northerly line of Lot 2, Block 5, North Side Addition, and being bounded on the east by the westerly line of a certain parcel bearing Official Tax No. 2021335 and on the west by the easterly line of that certain parcel bearing Official Tax No. 2021334. (14) Ail of the area of that certain alley designated as "Wells Alley" on Sheet No. Z0~ of the Appraisal ~ap of the City of Roanoke extending generally in a northeasterly direction through Block 7, Official Survey, Northwest 3, from its inter- section with the easterly line of ~each Road, ~,. ~'~,.., to its intersection with the southerly line of that portion of McDowell Avenue, N. W., to be closed as described in paragraph (15) hereinafter. (15) Ail of the area of McDowell Avenue, N. W., extending generally in an easterly direction from the easterly proposed right-of-way line of the new Gainsboro Road, as shown on the preliminary map of Section 4, Gainsboro (which at this point generally follows the existing location of Peach Road), to its intersection with the right-of-way line of Interstate 581. (16) Ail of the area of Chestnut Avenue, N. W. extending in an easterly direction from its intersection with the easterly line of Peach Road, N. W. to its intersection with the right- of-way line of Interstate Route 581. (17) Ail of the area of Raleigh Avenue, N. W. extending in an easterly direction from its intersection with the easterly line of Peach Road, N. W., to its intersection with the right-of-way line of Interstate Route 581. (18) Ail of the area of that certain 10 foot in width alley extending in a northerly direction from its intersection with the northerly line of the portion of McDowell Avenue, N. W., to be closed as described in paragraph (15) hereinabove to its intersection with the southerly line of that portion of Chest- nut Avenue to be closed as described hereinabove in paragraph (16); said alleyway being bounded on the west by the easterly line of Lots 9 and 8 (Official Tax Nos. 2021129 and 2021110, respectively), Barksdale Addition; and on the east by the westerly lines of Lots 7 and 10 (Official Tax Nos. 2021111 and 2021130, respectively), Barksdale Addition. (19) Ail of the area of that certain alleyway designated as "Barksdale Add" on Sheet No. 202 of the Appraisal Map of the City of Roanoke and which intersects and crosses the alleyway to be closed, described hereinabove in paragraph (18). Said alleyway is bounded on the east by its intersection with the right-of-way line of Interstate Route 581; on the north by the southerly lines of those certain parcels having Official Tax Nos. of 2021117, 2021116, 2021115, 2021114, 2021113, 2021112, 2021111 and 2021110; on the west by the easterly line of that parcel bearing Official Tax No. 2021108; and on the south by the northerly lines of those certain Parcels bearing Official Tax Nos. 2021129 through 2021136, inclusive. 24,4 (20) Ail of the area of that certain alley extending in a northerly direction from its intersection with the northerly line of that portion of Chestnut Avenue, N. W., to be closed, described hereinabove in paragraph (16), to its intersection with the southerly line of that portion of Raleigh Avenue to be closed, described hereinabove in paragraph (17); said alley being bounded on the east by the westerly line of Lot 5, Block 5, Official Survey Northwest 3; and on the west by the easterly lines of Lot 1 (Official Tax Nos. 2020601 and 2020602) and Lot 4, Block 5, Official Survey Northwest 3. (21) Ail of the area of that certain alley extending in an easterly direction from its intersection with the easterly line of Peach Road, N. W., to its intersection with the westerly line of that certain alley to be closed described hereinabove in paragraph (20); said alley being bounded on the north by the southerly line of a portion of Lot 1, Block 5, Official Survey Northwest 3, bearing Official Tax No. 2020602; and on the south by the northerly lines of Lots 2, 3 and 4, Block 5, Official Survey Northwest 3. (22) Ail of the area of that certain alleyway extending in a northerly direction from its intersection with the northerly line of that portion of Raleigh Avenue to be closed, described in paragraph (17) above, to its intersection with the southerly line of Orange Avenue and the r~ight of way line of Interstate Route 581; said alleyway being bounded on the east by the westerly line of that certain parceI having Official Tax No. 2020305 and on the west by the easterly line of those certain Lots having Official Tax Nos. 2020304, 2020302, and 2020301. Ail of the foregoing descriptions are based on the City of Roanoke Appraisal Map, Sheet Nos. 202 and 302, of record in the City Engineer's Office of the City of Roanoke unless reference is specifically made herein otherwise. The alley and street portions to be closed and vacated are generally shown in red on the preliminary map of Section 4, Gainsboro, which has been filed in the Office of the Clerk of the City of Roanoke. 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, unto the City of Roanoke an easement for sewer lines and water mains and other public utilities that may.now be located across said streets and alleys, and said street and alley portions, together with the right of ingress and egress for the maintenance of such lines, mains or utilities, such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described streets and alleys, and street and alley portions, of any such municipal installation or utility by the owner thereof; and further reserving an easement for ingress and egress over and through the portion of Gainsboro Road, N. W., and Peach Road, N. W., that is hereby closed' described in paragraph (1) hereinabove, said portion being that portion that will revert unto the Trustees, St. Andrews Catholic Church (official Tax No. 2021802), for the construction and maintenance of the proper grade and slopes as required in conjunction with the establishment of the new Gainsboro Road as shown on the pro- posed plans for Section 4, Gainsboro Neighborhood Development Program. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on said streets and alleys, and street and alley portions, on all maps and plats on file in his office on which said streets and alleys, and street an~ 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. 24'5 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 Book in his office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the City of Roanoke Redevelopment and Housing Authority, and the 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 25th day of October, 1976. No. 23283. 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. 202, Sectional 1966 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 tract of land containing 15 acres, more or less, comprisin the easterly portion of Section 4, Gainsboro Neighborhood Development Program rezoned from C-4, Central Business District Expansion Area, to LM, Light Manufac- turing District; and WHEREAS, the application has been referred to the City Planning Commis- sion, but the City Planning Commission has been unable to reach a decision with respect to a recommendation on this matter, and more than 30 days have expired since this matter was so referred; 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 October, 1976, 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, and matters presented at the public hearing, and acting without a recommendation by the City Planning Commission as is provided by Title XV, Chapter 4.1, Section 69 of the Code of the City of Roanoke, 1956, as amended, 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. 202 of the Sectional 1966 Zone Map, 246 II City of Roanoke, be amended in the following particular and no other, viz: Ail that certain tract of land containing 15 acres, more or less, comprising the easterly portion of Section 4, Gainsboro Neighborhood Development Program, said parcel being bounded on the north by Orange Avenue, N. W., and the right-of-way line of Interstate Route 581, on the east by the right-of-way line of Interstate 581, on the south by Walker Avenue and the property of the Tru~t.ees, St. Andrews Catholic Church, and on the west by Peach Road, N. W., as shown on ~Sheet No. 202 of the Sectional 1966 Zone Map, City of Roanoke, be, and is hereby, changed from C-4, Central Business District Expansion Area, to LM, Light Manufacturing District, and that Sheet No. 202 of the aforesaid map be changed in this respect. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23284. 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. 612, Sectional 1966 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 12.934 acre parcel listed as Official No. 6120417, lying on the westerly side of Peters Creek Road, (Va. Route No. 117) opposite Appleton Drive, rezoned from RG-1, General Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafte described land be rezoned from RG-1, General 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 llth day of October, 1976, 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. 612 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: .247 Property located on the westerly side of Peters Creek Road (Va. Route No. 117) opposite Appleton Drive, described as follows: BEGINNING at an iron on the westerly side of Peters Creek Road (Va. State Route No. 117) at the southeasterly corner of Tract B as shown on the Map of Section No. 1, Norwood, which is of record in Plat Book 3 at page 119 in the Office of the Clerk of the Circuit Court of Roanoke County; thence with the westerly side of the said Peters Creek Road S. 20 deg. 18' 40" W. 794.46 feet to a railroad spike; thence leaving Peters Creek Road, and with the line of property presently occupied by the Orange Market, S. 66 deg. 10' W. 250 feet more or less to an existing 10 foot sanitary sewer line; thence with a line parallel to and 200 feet from the westerly right-of-way line of Va. State Route No. 117 and which said line runs generally along the westerly limits of Peters Creek N. 2 deg. 18' 40" E. 815 feet more or less to a point on the southerly line of Lot 7, Block 7, according to the Map of Sec. No. 1, Norwood, (P.B. 3, pg. 119); thence N. 69 deg. 37' 30" E. 215 feet more or less to an iron pin on the westerly right-of-way line of Va. State Route No. 117; and being a strip 200 feet in width fronting on Va. State Route No. 117 and carved from the easterly side of a 12.934 acre tract shown on a plat of survey prepared by T. P. Parker and Son under date of March 26, 1974 being the easterly 200 feet of the property designated on Sheet 612 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 6120417, be, and is hereby, changed from RG-1, General Residential District, to C-2, General Commercial District, and that Sheet No. 612 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23285. 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 1966 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 located in the Williamson Grove Subdivisic of the City of Roanoke, Virginia, more particularly described below, rezoned from Zoning Classifications RD and IDM (Residential Duplex and Industrial Develop- ment Districts) to Zoning Classification LM (Light Manufacturing District). Official No. Present Zoning Lot Block Map 3080112 IDM 3080133 IDM 3080134 - 3080135 IDM 3080202 - 3080206 IDM 3080217, 218, 219 and 220 IDM 3080307 RD 3080308 RD 3080309 RD 3080317 IDM 3080321 IDM all or parts of lots M 37-48 part of lots 51 and 52 M part of lots 53 and 54 ~M lots 17, 18, 19, 20, 21 J lots 3, 4, 5 and 6 J lot 22 I lot 23 I lot 24 I containing part of lots I 2 & 3, all of lots 4, 5, 17, 18, 19, 20 & 21 lot 6 Williamson Grove Williamson Grove Williamson Grove Williamson Grove Williamson Grove Williamson Grove Williamson Grove Williamson Grove Williamson Grove Williamson Grove 248 WHEREAS, the City Planning Commission on September 8, 1976, has recommended that the hereinabove described lands be rezoned from RD and IDM 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, 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 October, 1976, 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. 308 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: The following property located in the Williamson Grove Subdivision of the City of Roanoke, Virginia, more particularly described below: Present Official No. Zoning Lot Block Map 3080112 IDM 3080133 3080134 - 3080135 3080202 - 3080206 3080217, 218, 219 and 220 IDM IDM IDM IDM 3080307 RD 3080308 RD 3080309 RD 3080317 IDM 3080321 IDM all or parts of lots M 37-48 part of lots 51 and 52 M part of lots 53 and 54 M lots 17, 18, 19, 20, 21 J lots 3, 4, 5 and 6 J lot 22 I lot 23 I lot 24 I containing part of lots I 2 & 3, all of lots 4, 5, 17, 18, 19, 20 & 21 lot 6 I Williamson Grove Williamson Grove Williamson Grove Williamson Grove Williamson Grove Williamson Grove Williamson Grove Williamson Grove Williamson Grove Williamson Grove be, and'is hereby, changed from RD and IDM to LM, Light Manufacturing District and that Sheet No. 308 of the aforesaid map be changed forthwith in this respect. APPROVED ATTEST: City Clerk Mayor 249 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23286. AN ORDINANCE designating and fixing the names to certain streets located in all four quadrants of the City. WHEREAS, the City Planning Commission has reported to the Council under date of September 21, 1976, recommending that certain streets located in all four quadrants of the City should be renamed, all as hereinafter more specifically described in this ordinance, so as to make for a more uniform street name system in those quadrants of the City, the report of said Planning Commission setting out the reasoning upon which such recommendations were made; and WHEREAS, public hearing on the aforesaid proposals of the Planning Commission was held before the Council at its meeting on October 11, 1976, after due and proper advertisement of such hearing and at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said proposals; and WHEREAS, this Council, after mature consideration of the aforesaid recommendations, is of opinion that changes should be made in the names of certain streets as recommended by said Planning Commission and as is hereinafter set forth in this ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows, viz: 1. That that existing Harwood Drive, N. E., which extends from its intersection with Jack Street, N. E., to its intersection with King Street, N. E., and that existing portion of Virginia Route 758 which extends from its intersection with King Street, N. E., to its intersection with the January 1, 1976 Corporate Limits of the City of Roanoke, be designated, named and hereafter known as Belle Avenue, N. E. 2. That that existing portion of King Avenue, N. E., which extends from its intersection with Atherly Street, N. E., to its intersection with that street designated aforesaid as Belle Avenue, N. E., and that existing Virginia Route 653 which extends from its intersection with that street designated aforesaid as Belle Avenue, N. E., to its intersection with U. S. Route 460, be designated, named and hereafter known as King Street, N. E. 3. That that existing portion of Tazewell Avenue, S.E., which extends from its intersection with Jefferson Street, S. E., to its intersection with Williamson Road, S. E., be designated, named and hereafter known as Franklin Road, S. E. 4. That that existing Lake Road, S. E., which extends from its inter- section with Jefferson Street, S. E., to its termination at the Roanoke Memorial Hospital be designated, named and hereafter known as Weller Lane, S. E. 5. That that existing Virginia Route 741 which extends from its western intersection with Virginia Route 789 intersecting Van Winkle Road, S. W., to its eastern intersection with Virginia Route 789, be designated, named and hereafter known as Narrows Lane, S. W. 250 6. That that existing portion of Virginia Route 789 which extends from its intersection with U. S. Route 220 to its intersection with the January 1, 1976 Corporate Limits of the City of Roanoke be designated, named and hereafter known as Old Rocky Mount Road, S. W. 7. That that existing portion of U. S. Route 220 which extends from its intersection with Avenham Avenue, S. W., to its intersection with the January 1, 1976 Corporate Limits of the City of Roanoke be designated, named and hereafter known as Franklin Road, S. W. 8. That that existing portion of Hemlock Road, S. W., which extends from its intersection with Carolina Avenue, S. W., to its intersection with Cassell Lane, S. W., be designated, named and hereafter known as Hemlock Lane, S.W. 9. That that existing portion of Forest Road, S. W., which intersects with and runs parallel to Wildwood Road, S. W., be designated, named and hereafter known as Woods End Lane, S. W. 10. That that existing portion of Grandin Road Extension, S. W., which extends from its intersection with the January 1, 1968 Corporate Limits of the City of Roanoke to its intersection with Virginia Route 419 be designated, named and hereafter known as Grandin Road, S. W. 11. That that existing portion of Lee Highway, S. W., which extends from its intersection with Mud Lick Road, S. W., to its intersection with Apperson Drive, S. W., be designated, named and hereafter known as Brandon Avenue, S. W. 12. That that existing port~on of Christian Avenue, N. W., which extends from Gladies Street, N. W., to its intersection with Glovis Street, N. W., be designated, named and hereafter known as Moomaw Avenue, N. W. 13. That that existing portion of Grace Street, N. W., which extends from its intersection with North Street, N. W., to its intersection with Oak Grove Boulevard, N. W., be designated, named and hereafter known as Graybill Road, N. W. 14. That that existing portion of Virginia Route 118 which extends from its intersection with Hershberger Road, N. W., to its intersection with the January 1, 1976 Corporate Limits of the City of Roanoke be designated, named and hereafter known as Airport Road, N. W. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to cause the above new street names to be appropriately noted on all maps and plats lodged in his care; that the City Manager be, and he is hereby authorized to cause the placement of appropriate new street name signs on said streets; and that the City Clerk transmit to the Postmaster at Roanoke six (6) attested copies of this ordinance, in order that said Postmaster be apprised of the changes of the aforesaid street names. ATTEST: APPROVED City Clerk Mayor 25 L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23287. AN ORDINANCE to amend and reordain (a) the first paragraph of Sec. 3., Chapter 4.1. Zoning., Title XV of the Code of the City of Roanoke, 1956, as amended, relating to the Official Zoning Map of the City of Roanoke; (b) the second paragraph of Sec. 3., Chapter 4.1. Zoning., Title XV of the aforesaid Code requiring certain copies of the Official Zoning Map to be made, maintained and kept in certain offices of the City and making such maps and records of ordinances relating to zoning final authority as to the classification of properties in the City; and (c) reordain provisions contained in Sec. 3., Chapter 4.1. Zoning., Title XV of the aforesaid Code relating to replacement and revision of the official zone map so as to make reference to the "Official 1976 Zoning Map, City of Roanoke, Virginia", dated October 11, 1976, instead of the "Official 1966 Zoning Map, City of Roanoke", dated August 29, 1966. WHEREAS, the City Planning Commission, after holding a public hearing, recommended to this Council certain amendments of the City's zoning regulations and provisions as hereinafter provided, all of which are hereinafter set out; and WHEREAS, pursuant to the provisions of Sec. 70 and Sec. 71, Chapter 4.1, of Title XV of the Code of the City of Roanoke, 1956, as amended, and after due publication of written notice in a newspaper having general circulation in the City more than fifteen days prior to the holding of a public hearing on the question, ~ public hearing was held before the Council on the llth day of October, 1976, in accordance with said notice, on the recommendation of the Planning Commission, aforesaid, at which public hearing all persons in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, this Council, after considering the recommendation of said Commission and all matters brought out and adduced at said public hearing, is of the opinion that provisions of Sec. 3. Chapter 4.1, Title XV of the Code of the City of Roanoke, 1956, as amended, should be amended and reordained as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows, viz: A. That the first paragraph of Sec. 3. Boundaries; official zoning map; district maps generally; replacement and revision; interpretation., Chapter 4.1. Zoning., Title XV, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: The boundaries of the respective districts desig- nated in section 2 of this chapter are shown upon a certain map entitled "Official 1976 Zoning Map, City of Roanoke, Virginia", dated October 11, 1976, which is attached or appended to the original copy of the ordi- nance amending and reordaining Chapter 4.1, Title XV of the Code of the City of Roanoke, 1956, as amended, which said map, identified and authenticated by the signature of the mayor following the wording "This is to certify that this Official 1976 Zoning Map super- sedes and replaces the map entitled 'Official 1966 Zoning Map, City of Roanoke, Virginia, dated August 29, 1966, as amended,' and attested and sealed by the 25 2 11 city clerk, is hereby adopted and made a part of this chapter, and supersedes the map entitled 'Official 1966 Zoning Map, City of Roanoke, Virginia', dated August 29¥ 1966 as heretofore amended." The "Offi- cial 1976 Zoning Map, City of Roanoke, Virginia", herein adopted, is hereby made a part of this chapter and all notations, references and other information shown thereon shall have the same force and effect as though fully set forth and described in this chapter. A copy of the "Official 1976 Zoning Map, City of Roanoke, Virginia" identified and authenticated by the signature of the mayor shall be permanently filed in the office of the city clerk and no changes shall be made on said copy of map, such changes as may hereafter be made of the boundaries of the several districts shown on said copy of map or of the notations, references, explanatory matter and other information contained thereon, to be made and shown upon the official map and upon the series or atlas of maps of the aforesaid districts, hereinafter provided for. The "Official 1976 Zoning Map, City of Roanoke, Virginia", in reproducible form shall be kept and maintained in the office of the City Engineer. That the second paragraph of Sec. 3, aforesaid, Chapter 4.1. Zoning, Title XV, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: There shall be forthwith prepared by the city engi- neer upon sets of the series or atlas of maps of the city, known and referred to as the Tax Appraisal Maps of the City of Roanoke, exact copies of so much as is shown on the "Official 1976 Zoning Map, City of Roanoke, Virginia", as may be transferred to and shown on each sheet of said Tax Appraisal Map of the City of Roanoke, relating to the boundaries of the districts mentioned in the preceding section of this chapter, after preparation of which set of series or atlas maps one set, each page of which shall be entitled "Sheet No .... , Sectional 1976 Zone Map, City of Roanoke, as amended to (date)", and authenticated by signature of the city clerK, shall De ioUgeu, Kept an~ maintained in the office of the city engineer and regard- less of the existence of purported copies of the zoning map herein adopted or of copies of amendments thereto, the "Official 1976 Zoning Map, City of Roanoke, Virginia", and the set of series or atlas sheet maps made therefrom as aforesaid and as said sheet maps may from time to time hereafter be changed as provided in this chapter, and lodged in said city engineer's office, together with the record of ordinances in said city clerk's office shall be the final authority as to the current zoning status or classification of lands, buildings and other structures in the city. Copy sets of said sectional sheet maps shall be kept and maintained in current form in the office of the city planning commission, the office of the board of zoning appeals and the office of the building commissioner. The city engineer, upon receipt from the city clerk's office of attested copies of ordinances of the council making changes in the bound- aries of the districts shown on said zoning maps, shall keep current the official reproducible zoning map, the reproducible sectional zoning maps and the several sets of sectional sheet maps in each of the aforesaid offices. C. That provisions contained in Sec. 3., aforesaid, Chapter 4.1. Zoning., Title XV of the aforesaid Code, headnoted Replacement and revision of off~ zoning map, making reference to the Official Zoning Map of the City of Roanoke, be amended and reordained to read and provide as follows: Replacement and revision of official zoning map. If the official zoning map herein adopted becomes damaged, destroyed, lost or difficult to interpret by reason of the nature or number of changes and additions, the council may by ordinance adopt a new official zoning map which shall supersede the official zoning map herein adopted. Such new official zoning map may correct draft- ing or other errors or omiSsions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any sub- sequent amendment thereof. In the event of loss, damage or destruction of the original zoning map, such new map shall place each piece of property in the same district as on the original, as nearly as can be determined from available evidence. .~ial 253 Such new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bearing the seal of the.city under the following words: "This is to certify that this official zoning map super- sedes and replaces the official zoning map dated October 11, 1976, under the provisions of section 3 of the zoning ordinance, with amendments subsequently made thereto." Unless the prior official zoning map is lost or has been totally destroyed, the map or any significant parts remain- ing shall be preserved, together with all records of the city council regarding its adoption and amendment. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23301. A RESOLUTION relating to MR. A. N. GIBSON, retiring Director of Finance of the City of Roanoke. WHEREAS, Mr. A. N. Gibson has recently tendered to the Council his resignation as Director of Finance and has announced his intention of retirement from service to the City of Roanoke, both to be effective October 31, 1976; and WHEREAS, Mr. Gibson, in his twenty-nine years of service to the City in various positions of responsibility in management of the City's financial affairs and, particularly, in his position as City Auditor and, since April 1974, as Director of Finance, has provided the Council with sound and, at times, hard advice in such matters; and WHEREAS, as secretary and treasurer of the City's Employees' Retirement System, as a member of important committees appointed by the Council, and as a member and official of the Finance Officers' Association of the Virginia Municipal League, he has devoted his abundant personal efforts towards furthering the purposes of each such group, and has gained reputation of being expert in matters concerning the management and use of public monies and funds; and WHEREAS, in his years of service to his community and its government, he has displayed ability and has adhered to principles of sound and efficient management of the City's financial affairs, aware of the good interests of the people whom he has served. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth commend Mr. A. N. Gibson for his years of efficient and devoted service to the City and its residents and extends to him, in his retirement from service with the City, its appreciation and that of the citizens of the City for the exemplary manner in which he has fulfilled the duties of his several offices and positions. 254 BE IT FURTHER RESOLVED that the Mayor be requested to present to Mr. Gibson an attested copy of this resolution, on behalf of this Council. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23302. A RESOLUTION addressed to the Captain and Crew of USS ROANOKE, (AOR-7), upon commissioning of that Ship on October 30, 1976. WHEREAS, a new ship, named for the City of Roanoke, Roanoke County and the Roanoke River, is to be accepted for service and placed in the active fleet on the thirtieth day of October in this Bicentennial year, from that day forward to proudly fly her commissioning pennant and the Stars and Stripes and to serve as a forceful unit in the Naval Forces of the Nation; and this Body, being mindful of that occasion and of the distinction arising and to later come to the City of Roanoke by reason of such naming, desires to take special recognition of the event. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council and the Citizens of the City of Roanoke state their pride in the fact that new USS ROANOKE, (AOR-7), will henceforth serve as a ship in the active fleet of the United States Navy, bearing the name of this City, of the County surrounding it and of the river which flows through them. BE IT FURTHER RESOLVED that this Body, in arranging certain gifts to be presented to the Ship upon the commissioning occasion, extends to the Captain and the commissioning Crew of USS ROANOKE the sincere wishes of all Roanoke citizens for "fair winds and a following sea" in all that lies ahead of the Ship and of those who serve on her, confident she will perform with honor and dispatch all missions assigned her in the cause of freedom; and that this resolution be recorded in the Logbook of the Ship. ATTEST: CitY Clerk APPROVED Mayor 255 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23303. A RESOLUTION providing for the appointment of five persons, not less than three of whom may act, as viewers in connection with application of William Watts and Southwest Virginia Community Development Fund, to permanently vacate, discontinue and close a certain unopened street located in the City of Roanoke, Virginia, and being described as follows: BEING that portion of Connecticut Avenue beginning at the westerly street line of Sixth Street, N.E., and proceeding in a westerly direction to dead end as shown on map of Deanwood Terrace running between Block 26 and Block 33 of Deanwood Terrace, such street being an unopened portion of Connecticut Avenue, N. E., 50 feet wide. WHEREAS, it appears from the application of William Watts and Southwest Virginia Community Development Fund, that they did duly and legally post notice of the intended application at the Courthouse of the Circuit Court for the City of Roanoke, Virginia, and that more than ten days have elapsed since the posting of said notice, and that they have made application for the appointment of viewers to view such street and report in writing, as required by law. THEREFORE, BE IT RESOLVED by the Council 'of the City of Roanoke, Virginia, that Harold W. Harris, Jr., Lester K. Stover, William P. Wallace, J. Tate McBroom and Dewey H. Marshall, not less than three of whom may act, be, and they hereby are, appointed as viewers to view the above described street sought to be vacated, and to report in writing, as required by Section 15.1-364 of the Code of Virginia, as amended, whether in their opinion, any, and if any, what incon- venience would result from discontinuing the same. BE IT FURTHER RESOLVED that the aforesaid application to permanently vacate, discontinue and close the within described portion of that certain unopened street extending in a westerly direction between Block 26 and Block 33 of Deanwood Terrace 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 25th day of October, 1976. No. 23304. A RESOLUTION authorizing permit to be given to implementation of a plan of group cancer insurance for officers and employees of the City desiring to participate in such plan, upon certain conditions. WHEREAS, a committee appointed to study proposals made to the City in the premises, has recommended that the Council permit certain services of the City to be extended in implementation of a plan for group cancer insurance, to be offered to officers and employees of the City desiring to participate in such plan and, of the various proposals studied, has recommended that the insurance plan proposed by the insurance company hereinafter named appears to offer to those persons the best arrangement for such insurance. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and is hereby authorized to permit American Family Life Assurance Company, of Columbus, Georgia, through its authorized agent or agents to offer to interested officers and employees in the offices of the City and in its several related public offices insurance against cancer as provided by said Company's group cancer insurance policies and plan, the City to be named as the employer of such group and, by such system of payroll deductions as is agreed to and arranged by the Director of Finance, to collect from and remit to said Company such premiums as are authorized in writing by such officers and employees to be deducted from their salaries and wages and paid to said Company, the City, however to make no payment or contribution towards such insurance plan, and any such permit given by the City Manager to be conditioned upon the following, namely: (a) That programs conducted for enrollment or coverage of employees under the plan shall not in any way interfere with the services required to be rendered the City by its officers and employees; and that enrollment in such plan be completely voluntary and at the option of each such officer or employee. (b) That the City's participation in making authorized deductions and remittance of the same to said Company shall not commence until at least one hundred (100) of such officers and employees have agreed in writing to be insured under such plan and have authorized the payroll deductions heretofore mentioned. (c) That the City reserves and shall have the right at any time to terminate all participation in said plan and its responsibility to said Company and to officers and employees insured by it to continue such system of payroll deductions and remittances. BE IT FURTHER RESOLVED that the provisions of this resolution shall be in force and effect on and after November 1, 1976; and that attested copies hereby be transmitted to the within named insurance company, at its home office, and to said Company's local agent. ATTEST: APPROVED City Clerk Mayor 257 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. 23305. A RESOLUTION authorizing the City Manager to grant to the Federal Aviation Administration or their contractor a right-of-entry on certain airport property for the purpose of installing a Medium Intensity Approach Light System with Runway Alignment Indicator Lights (MALSR). WHEREAS, the City Manager in an October 25th report to this Council requested authority to grant to the Federal Aviation Administration and their con- tractors a right-of-entry on that airport property presently owned by the City which has been designated by the Federal Aviation Administration for a Medium Intensity Approach Light System with Runway Alignment Indicator Lights (MALSR) for the purpose of installing said lighting system. THEREFORE, 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, to grant to the Federal Aviation AdministratiOn of the Department of Transportation of the Government of the United States of .America or to a contractor acting in behalf of the Federal Aviation Administration, a right-of-entry on property pre- sently owned by the City of Roanoke at Roanoke Municipal Airport, Woodrum Field, for the purpose of installing a Medium Intensity Approach Light System with Runway Alignment Indicator Lights (MALSR) as shown on Federal Aviation Administration Drawing No. AEA-E-26710 on file in the Office of the City Engineer. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23306. AN ORDINANCE to amend and reordain Section #2405, "Capital Outlay From Bond Funds," of the 1976-77 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 Section #2405, "Capital Outlay From Bond Funds," of the 1976-77 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM BOND FUNDS #2405 Plant Expansion (1) ............... $1,391,536.87 Not previously appropriated (1) Net increase ...... $40,000.00 258 BE IT FURTHER ORDAINED that, an emergency existing, 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 October, 1976. No. 23307. AN ORDINANCE repealing Ordinance No. 23148, adopted August 2, 1976, authorizing the issuance of a change order to the City's Contract "E" with J. W. Bateson Company, Incorporated, to provide for sandblasting and the sealing of the roofs of three (3) digester tanks at the City's Sewage Treatment Plant; directing the City Manager to cause advertisement for bids on certain other work to be done as hereinafter set forth; and providing for an emergency. WHEREAS, the Council by Ordinance No. 23148, adopted August 2, 1976, authorized the City Manager to issue the aforesaid change order; and WHEREAS, the City Manager by report dated October 25, 1976, advised this Councii that th~ ~f~r~s~i~ chang'e order has not been executed for the reasons set forth in said report and that Ordinance No. 23148 should be repealed, and requested the Council to concur in the advertisement for bids on certain other work at the City's Sewage Treatment Plant; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 23148, adopted August 2, 1976, authorizing the issuance of a change order to the City's Contract "E" with J. W. Bateson Company, Incorporated, to provide for sandblasting and the sealing of the roofs of three (3) digester tanks at the City's Sewage Treatment Plant, be and the same is hereby REPEALED. BE IT FURTHER ORDAINED that the City Manager be and is hereby directed to advertise for bids to provide for the replacement of piping and the repair of cracks in the roofs of the three (3) digester tanks at the City's Sewage Treatment Plant. BE IT FINALLY ORDAINED that an emergency exists and that this ordinance shall be in effect upon its passage. ATTEST: City Clerk APPROVED Mayor 259 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23308. AN ORDINANCE to amend and reordain Section #2401, "Capital Outlay From Revenue," of the 1976-77 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 Section #2401, "Capital Outlay From Revenue," of the 1976-77 Water Fund Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE #2401 Back Creek (1) ................... $15,000.00 Not previously appropriated (1) Net increase $15,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk A P P R'O V E D IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23309. AN ORDINANCE authorizing execution of an agreement engaging certain professional services to conduct a geological reconnaissance survey and preliminary subsurface investigation relating to the City's proposed new Back Creek water supply facility; upon certain terms and conditions; and providing for an emergency. WHLREAS, after due and proper advertisement therefore, one (1) bid was received by the City to provide professional services relating to conducting a geological reconnaissance survey and preliminary subsurface investigation of the City's proposed Back Creek water supply facility and was opened and read before a committee appointed for the purpose to study, tabulate and report thereon; and WHEREAS, said committee has recommended in writing to the Council under date of September 27, 1976, that the bid hereinafter mentioned, being the only bid received by the City for the performance of said work and meeting the City's specifications and requirements made therefor, be accepted; in which recommendation the City Manager, by report dated September 27, 1976, has concurred; and in all of which the Council concurs; and 260 WHEREAS, funds sufficient to pay for said professional services have been or are contemporaneously being appropriated by the Council for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Hayes, Seay, Mattern and Mattern, Architects, Engineers and Planners, of Roanoke, Virginia, to perform a geological reconnaissance survey and preliminary subsurface investigation relating to the City's new proposed Back Creek water supply facility at a cost not to exceed $15,000.00 without additional authorization of the Council be, and hereby is ACCEPTED; and 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, a requisite contract with the aforesaid bidder, incorporating into said contract the City's aforesaid specifica- tions, the terms of said bidder's proposal, and the terms and provisions of this ordinance; the form of which said contract shall be approved by the City Attorney; the cost of said professional work to be paid out of funds appropriated for the purpose; and the Director of Finance is hereby authorized and directed to make requisite payment to said successful bidder for the aforesaid professional work in the manner set out in said proposal and contract, not to exceed the sum herein- above set out without additional authorization of the Council. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23310. AN ORDINANCE to amend and reordain Section #1671, "Motorized Vehicle Maintenance," of the 197677 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 91671, "Motorized Vehicle Maintenance," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MOTORIZED VEHICLE MAINTENANCE 91671 Capital Outlay--Vehicle Maintenance (1) ...$310,220.00 Not previously appropriated (1) Net increase ...... $26,720.00 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 October, 1976. No. 23311. 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; providing for the issuance of requisite purchase orders for such equipment; and providing for an emergency. WHEREAS, on August 17, 1976, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the equipment hereinafter mentioned were received in the Office of the City's Manager of Purchas- ing an~ Material Control and publicly opened before three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the'City Manager, in report to the Council dated October 25, 1976, recommended that certain bids received in the office of the City's Manager of Purchasing and Materials Control on August 17, 1976, not heretofore accepted be accepted for the reasons set forth in the said City Manager's report; and WHEREAS, the Council considering all of the same, has determined that the bids hereinafter accepted are the best bids meeting the City's specifications and are in the best interest of the City to accept, funds sufficient for purchasing. all of the same having been appropriated for the purpose. WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE BE IT ORDAINED by the Council of the City of Roanoke that the bids in writing of the following named bidders, made to the City and opened on August 17, 1976, to furnish to the City the vehicular equipment hereinafter set out and generally described but more particularly described in the City's specifi- cations and alternates and in said named 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: 262 Item Quantity and Successful Total Number Description Bidder Purchase Price 1 1-Cab/Chassis for front loading Dickerson GMC, Inc. $ 31,686.00 refuse truck iA 1-Compactor body for front Cavalier Equipment $ 17,100.00 loading refuse truck Corporation all of the aforesaid vehicles to be delivered to the City, f.o.b. Roanoke, in accordance with the City's general specifications and with the successful bidders' respective proposal and within the delivery times set out in said proposals; and the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue requisite purchase orders therefor, incorpor- ating into said purchase orders the City's aforesaid general specifications, the terms of said bidders' proposals and the terms and provisions of this ordinance; the cost of said vehicles when delivered to be paid for out of funds heretofore or contemporaneously being appropriated for the purpose. BE IT FURTHER ORDAINED that upon delivery to the City of each item of the aforesaid vehicles and upon the City's acceptance of the same as being in accordance with the bid accepted and purchase order awarded, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment of the aforesaid purchase prices to each said successful bidder, not to exceed the sums hereinabove set out. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall 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 October, 1976. No. 23312. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION #1669 Salaries and Wages (1) ................ $1,031,381.00 POLICE DEPARTMENT #1345 Salaries and Wages (2) ................ 2,491,437.00 FIRE DEPARTMENT #1347 Salaries and Wages (3) ................ 2,752,906.00 263 (1) Net decrease (2) Net decrease (3) Net decrease ....... $ 36,388.08 93,102.58 105,661.09 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23313. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same are hereb3', amended and reordaine~ to read as follows, in part~ REFUSE COLLECTION #1669 Salaries and Wages (1) ................ $1,067,769.08 POLICE DEPARTMENT #1345 Salaries and Wages (2) ................ 2,584,539.58 FIRE DEPARTMENT #1347 Salaries and Wages (3) ................ 2,858,567.09 REVENUE SHARING FUND (4) ................... 366,338.25 (1) Net increase .... $ 36,388.08 (2) Net increase ......... ~- 93,102.58 (3) Net increase 105,661.09 (4) Net decrease 235,151.75 BE IT FURTHER ORDAINED that, an emergency existing, 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 October, 1976. No. 23314. A RESOLUTION appointing JOHN H. MITCHELL as Acting Director of Finance for the City of Roanoke to be effective November 1, 1976, until a permanent Director of Finance is elected by the Council and establishing his rate of pay for such services. WHEREAS, this Council, acting as a Committee of the Whole, directed the City Attorney to prepare a measure for adoption by the Council appointing John H. Mitchell as Acting Director of Finance for the City until a permanent Director of Finance is elected by the Council and establishing the effective date of the appointment and his rate of pay for such services. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that JOHN H. MITCHELL be and he is hereby appointed Acting Director of Finance for the City of Roanoke, effective November 1, 1976, until a permanent Director of Finance is elected by the Council, and that his pay classification for service as Acting Director of Finance be set at Step 1 of the applicable pay scale for the Director of Finance effective November 1, 1976. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23315. AN ORDINANCE to amend and reordain Section #0102, "Clerk," of the 1976-77 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 #0102, "Clerk," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CLERK #0102 Personal Services (1) ................... $54,526.50 Utilities and Communications (2) ........ 1,450.00 Office Furniture and Equipment - New (3). 10,000.00 Not previously appropriated (1) Net increase $ 5,159.50 (2) Net increase 650.00 (3) Net increase 10,000.00 265 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23316. A RESOLUTION appointing a director of the Industrial Development Authority of the City of Roanoke, Virginia, to fill a four-year term on its board of directors. WHEREAS, the Council is advised that the term of office of Mr. Robert H. Turner, a director of the Industrial Development Authority of the City of Roanoke, Virginia, expired on October 20, 1976; and WHEREAS, Section 15.1-1377 of the 1950 Code of Virginia, 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 Mr. Robert H. Turner be, and is reappointed director on the board of directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four (4) years, commencing October 21, 1976, and expiring October 20, 1980, to fill vacancy created by expiration of the term of office of said member on the board occurring on October 20, 1976. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23317. A RESOLUTION designating Saturday, October 30, 1976, as the official date for the 1976 observance of Halloween in the City. WHEREAS, the City Manager has recommended to this Council that since October 31st falls on a Sunday this year, that Saturday, October 30, 1976 be designated as the official date for the observance of Halloween in the City, in which recommendation this Council concurs. 26,6 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Saturday, October 30, 1976, be and is hereby designated as the official date for the 1976 observance of Halloween in the City of Roanoke. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23318. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: ELECTORAL BOARD #0620 Overtime (1) ..................... $ 2,500.00 Extra Help (2) ................... 3,500.00 CITY MANAGER #0201 City Manager's Fund (3) .......... $ 1,700.00 SCHOOLS - COMBINED FEDERAL PROGRAMS #750 Work Experience Program (4) ...... $ 15,286.82 Work Study Program (5) ........... 8,000.00 Low Rent Housing Supplement (6) .. 86,338.00 SCHOOLS - INSTRUCTION #651 Instruction (7) .................. $14,687,359.00 (1) Net increase- (2) Net increase- (3) Net increase (4) Net increase- (5) Net increase (6) Net increase- (7) Net decrease ....... $ 1,000.00 1,500.00 1,000.00 1,284.82' 8,000.00** 86,338.00*** 1,600.00 *$1,284.82 to be reimbursed from Federal funds **$6,400.00 to be reimbursed from State Educational funds ***$86,338.00 to be reimbursed from P.L. 81-874 funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk 267 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23319. AN ORDINANCE to amend and reordain Section #2020, "Fuel Concession," of the 1976-77 Airport 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 92020, "Fuel Concession," of the 1976-77 Airport Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FUEL CONCESSION #2020 Motor Fuel for Resale #30033 (1) .......... $110,420.00 Franchise Tax #20066 (2) .................. 10,000.00 Fuel Farm Operation #30054 (3) ............ 35,000.00 (1) Net decrease $10,000.00 (2) Net increase 10,000.00 (3) Net increase 35,000.00 *100% reimbursable from fuel concession sales BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23320. AN ORDINANCE to amend and reordain Section #80000, "Transfers Within C.I.P. Fund," of the 1976-77 Appropriation Ordinance, and providing for an emergenc~ WHEREAS, for the usual daily operation of the Municipal Government 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 #80000, "Transfers Within C.I.P. Fund," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS WITHIN C.I.P. FUND #80000 Garden City Toilet Facility #3404 (1) ......... $ -0- Bobcat Pen #3409 (2) .......................... -0- Riverland Park Improvements #3407 (3) ......... 167.09 Fallon Park #3403 (4) ......................... 47,126.14 Mill Mountain Wildflower Garden #3402 (5) ..... -0- (1) Net decrease ......... (2) Net decrease (3) Net decrease ...... (4) Net increase--- (5) Net increase ......... $ 85.56 - 1,197.75 - 1,033.20 1,375.56 940.95 2'68 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23321. A RESOLUTION authorizing and directing the City's temporary operation of the fuel farm at Roanoke Municipal Airport, Woodrum Field, on a day-to-day basis until December 1, 1976. WHEREAS, the Council, meeting as a Committee of the Whole, has concurred in the recommendation that the City's operation of the fuel farm at the airport be continued for an additional month on a day-to-day basis; and WHEREAS, the Council has or will appropriate funds sufficient to pay the cost of fuel and related commodities and for payment of compensation to tem- porary employees engaged by the City for the interim period of such operation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he is hereby directed to cause the City's temporary opera- tion of the fuel farm at Roanoke Municipal Airport to be continued on a day-to-day basis until December 1, 1976, for the purpose of providing aviation fuel, oil and related aviation supplies and commodities to aircraft using said Airport and to enforce and collect tie-down fees and other commercial fees related to such services, engaging temporary employees at said airport for providing the aforesaid services. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23322. A RESOLUTION approving the City Manager's issuance of Change Order No. 2 in connection with the City's contract with Davis H. Elliott Company for the Fallon Park baseball diamond's construction and lighting, heretofore authorized by Ordinance No. 22991, so as to provide for additional necessary work to be done in connection with installation of poles for the lighting of the aforesaid baseball diamond, at an additional cost to the City of $1,375.00. 269 WHEREAS, the City Manager, in written report to the Council under date of October 18, 1976, has recommended that the Council approve the issuance of Change Order No. 2 to the City's contract with Davis H. Elliott Company for the Fallon Park baseball diamond's construction and lighting so as to provide for the necessary additional work to be done in connection with poles on which the lights for the baseball diamond will be mounted for the reasons set forth in the report, at an additional cost to the City of $1,375.00; and WHEREAS, funds sufficient for the payment of the cost of such additional work have been or are being appropriated by the Council for the purpose, and the Council is of opinion that such work is necessary. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and is hereby authorized and empowered to issue, for and on behalf of the City, Change Order No. 2 to the City's contract with Davis H. Elliott Company made June 14, 1976, authorized by Ordinance No. 22991, so as to provide for the necessary additional work to be done in connection with placement of poles on which the lights for the baseball diamond will be mounted, for the reasons more fully set out in the aforesaid report, at an additional cost to the City of $1,375.00, but at a total additional aggregate cost not to exceed $46,582.0( to be paid the aforesaid contractor out of funds heretofore appropriated by the Council for the purpose. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23323. AN ORDINANCE to amend Ordinance No. 22330, providing a System of Pay Rates and Ranges for the employees of the City of Roanoke, by adding to Schedule 2, on page 3 of the Pay Plan, a new code position for City Attorney, thereby deleting said position from the unclassified positions set out in Ordinance No. 22329; providing the range applicable to said new position and to the incumbent city attorney; and providing for an emergency. WHEREAS, the Personnel Board having concurred in the changes to the City's System of Pay Rates and Ranges hereinafter provided and, for the usual daily operation of the municipal government an emergency being deemed to exist in order that this ordinance take effect on the 1st day of November, 1976. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 22330, dated June 30, 1975, providing a System of Pay Rates and Ranges and a Pay Plan for the employees of the City, be amended by the addition on page 3 of Schedule 2 of said Pay Plan the following classification, code posi- tion and pay range, viz: 270 Code Classification Range No. 1245 City Attorney 38; that the aforesaid position be deleted from the unclassified positions set out in Ordinance No. 22329 adopted June 30, 1975; and that the incumbent city attorney be compensated as provided for Step 6, Range 38, aforesaid. BE IT FURTHER ORDAINED that an emergency existing, this ordinance be in force and effect on and after November 1, 1976. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23324. AN ORDINANCE to amend Ordinance No. 22330, providing a System of Pay Rates and Ranges for the employees of the City of Roanoke, by changing the pay range of the Director of Finance as set out on page 2 of Schedule 2 of the Pay Plan; and providing for an emergency. WHEREAS, the Personnel Board having concurred in the changes to the City's System of Pay Rates and Ranges hereinafter provided and, for the usual daily operation of the municipal government an emergency being deemed to exist in order that this ordinance take effect on the 1st day of November, 1976. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 22330, adopted June 30, 1975, providing a System of Pay Rates and Ranges and a Pay Plan for the employees of the City, be amended so that the pay range provided for the Director of Finance on page 2 of Schedule 2, of the afore- said Pay Plan, be made to read and provide as follows: Code Classification Range No. 1100 Director of Finance 38 BE IT FURTHER ORDAINED that an emergency existing, this ordinance be in force and effect on and after November 1, 1976. ATTEST: City Clerk APPROVED May~r ~ 271 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23325. AN ORDINANCE amending and reordaining Sec. 7. Unclassified service., of Chapter 13. Personnel, of Title II. Administration, of the Code of the City of Roanoke, 1956, as amended; and providing for an emergency. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 7. Unclassified service., of Chapter 13, Personnel, of Title II. Administratiol of the Code of the City of Roanoke, 1956, as amended, be amended and reordained, to read and provide as follows: 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, the city manager, and persons appointed by the judges of the courts of record; (c) employees of the school board performing administra- tive and educational functions as determined by the school board, provided that any class of such employ- ees may be transferred to the classified service on the request of the school board; (d) licensed phy- sicians and dentists employed by the city in their professional capacities; (e) persons temporarily employed in a professional or scientific capacity or to conduct a special inquiry, investiga- tion, 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. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in effect upon its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23326. A RESOLUTION petitioning the General Assembly of Virginia to enact legislation during the 1977 Session to impose an additional 1% sales tax on retail sales within the Commonwealth, to be returned to the several localities where collected and to be used as general fund revenues of such localities. WHEREAS, in the opinion of the Council of the City of Roanoke, the imposition of an additional 1% sales tax on retail sales within the Commonwealth, to be returned to the several localities where collected and to be used as general fund revenues of such localities, is a fair and suitable means of providing necessary revenues for the government and operation of the various local government: 2.72 of the Commonwealth, and constitutes a means of providing revenues which should be made available to such local governments. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the General Assembly of Virginia be, and it is hereby respectfully petitioned to enact such legislation as will provide for the imposition, levying and collection of an additional 1% sales tax on retail sales within the Commonwealth, to be returned to the several localities where collected and to be used as general fund revenues for the government and operation of such localities. BE IT FURTHER RESOLVED that the City Clerk transmit certified copies of this Resolution to the representatives of this area in the General Assembly of Virginia, to the President of the Senate and the Speaker of the House of Delegates in said General Assembly and to the Virginia Municipal League. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. NO. 23327. A RESOLUTIO~ urging the City's representatives in the 1977 Session of the General Assembly to vigorously oCpose legislation which would enable the State Water Control Board or other agency to control and regulate the use of surface waters of the State, irrespective of existing rights in certain of such surface waters. WHEREAS, this Council considers it essential that the City of Roanoke and other municipalities continue to have and maintain full and exclusive control over their presently developed surface water supplies and any planned expanded surface water supply system. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body strongly urges the City's representatives in the 1977 General Assembly to vigorously oppose any legislation which would enable the State Water Control Board or other agency to further control or regulate unused surface waters of the State, irrespective of existing rights lawfully heretofore acquired by local governments and citizens in certain of such surface waters. BE IT FURTHER RESOLVED that attested copies hereof be transmitted by the City Clerk to the members of the 1977 General Assembly representing the City of Roanoke. ATTEST City Clerk APPROVED May~r ~ 2..73 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23328. A RESOLUTION urging the City's representatives in the 1977 Session of the General Assembly to reintroduce and vigorously support House Bill 900, carried over from the 1976 Session, which would enable municipalities which have annexed territory of a county served by an authority created pursuant to the Virginia Sewer and Water Authorities Act to acquire the lines and facilities of such authority on a fair and equitable basis. WHEREAS, this Council considers it essential that the City of Roanoke and other municipalities of the Commonwealth be enabled to acquire lines and facilities of sewer and water authorities serving former county territory annexed to neighboring municipalities on a fair and equitable basis and in order to pro- vide all residents of such municipalities equal services on an equal basis. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body strongly urges the City's representatives in the 1977 General Assembly to re- introduce and vigorously support House Bill 900, carried over from the 1976 Session, which would enable municipalities which have annexed territory of a county served by an authority created pursuant to the Virginia Sewer and Water Authorities Act to acquire the lines and facilities of such authority on a fair and equitable basis. BE IT FURTHER RESOLVED that attested copies hereof be transmitted by the City Clerk to the members of the 1977 General Assembly representing the City of Roanoke, and, also, to the Virginia Municipal League. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23329. A RESOLUTION urging the City's representatives in the General Assembly to vigorously oppose any legislation before the 1977 Session which would require local governments of the Commonwealth to reduce or roll-back any tax presently imposed, levied, assessed and collected within such localities. WHEREAS, this Council considers it essential to the operation of the City that its present existing taxing authority, and that of all other localities, at the very least, be maintained at its present level. 274 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body strongly urges the City's representatives in the General Assembly to vigorously oppose any legislation which would require local governments of the Commonwealth to reduce or roll-back any tax presently imposed, levied, assessed and collected within such localities. BE IT FURTHER RESOLVED that attested copies hereof be transmitted by the City Clerk to the members of the General Assembly representing the City of Roanoke, and, also, to the Virginia Municipal League. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23330. A RESOLUTION urging the City's representatives in the 1977 Session of the General Assembly to support and seek enactment of legislation which would prohibit governmental units of the Commonwealth, or any officer or agent thereof, ~rom recog'nlzln9, negotiating or bargaining with any labor union or its agents as a representative of public employees concerning matters relating to such employees or their employment or service. WHEREAS, this Council, knowing it to have been long-standing public policy of the State, exemplified by a Senate Joint Resolution No. 12, agreed to February 8, 1946, to regard with disfavor collective bargaining with labor unions as representatives of public employees, considers it essential that the governmen- tal units of the Commonwealth, particularly, local governing bodies and School Boards, continue free from the disruptive and coercive effect of negotiating and bargaining with labor unions as a representative of employees in public service. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body strongly urges the City's representatives in the 1977 General Assembly of Virginia to support and seek enactment of legislation which would prohibit all governmental units of the Commonwealth, but particularly local governing bodies and School boards, from recognizing, negotiating or bargaining with any labor union or its agents as a representative of public employees concerning matters relating to such employees or their employment or service. BE IT FURTHER RESOLVED that attested copies hereof be transmitted by the City Clerk to the members of the 1977 General Assembly who represent the City of Roanoke, and, also, to the Virginia Municipal League. ATTEST: City Clerk APPROVED Mayor 275 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23331. A RESOLUTION urging the City's representatives in the 1977 Session of the General Assembly to introduce and support legislation which would enable the counties of the Commonwealth to impose a tax upon the sale of cigarettes within said counties. WHEREAS, this Council considers it essential that a means be provided by which the several governments in the Roanoke Valley and in similar localities of the State could impose a uniform tax upon the sale of cigarettes within the several political subdivisions comprising said areas. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body strongly urges the City's representatives in the 1977 General Assembly, to introduce and support such legislation as would enable the counties of the Common- wealth to impose a tax upon the sale of cigarettes within said counties. BE IT FURTHER RESOLVED that attested copies hereof be transmitted by the City Clerk to the members in the General Assembly representing the City of Roanoke and the County of Roanoke. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23332. A RESOLUTION urging the introduction and support by the City's representa. tives in the 1977 General Assembly of legislation to amend and reenact Section 58-33.2 of the 1950 Code of Virginia, as amended, relating to the collection and publication of property tax data. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body requests and strongly urges the introduction and support by the City's representatives in the 1977 General Assembly of legislation which would amend and reenact Section 58-33.2 of the 1950 Code of Virginia, as amended, so as to read and provide substantially as follows: "Section 58-33.2. Collection and publication of property tax data.-A. The Commissioner annually shall make and issue comprehensive assessment sales ratio studies for each major class of real property in each county or city in the Commonwealth. In order to determine the degree of assessment uniformity in the assessment of major classes of property within each county or city, the Commissioner shall compute measures of central tendency and dispersion in accordanc~ with appropriate standard statistical techniques, using a mean average of the sales so measured." -- 2'76 I1 BE IT FURTHER RESOLVED that attested copies hereof be transmitted by the City Clerk to the members in the 1977 General Assembly representing the City of Roanoke. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23333. A RESOLUTION relating to the assessment of motor vehicles for local tangible personal property taxation. WHEREAS, the Constitution and laws of the Commonwealth as well as local ordinances required that all property be assessed for taxation at fair market value; and WHEREAS, it is considered by the Council that, as a guideline or measure to be employed by the Commissioner of Revenue in arriving at the value at which motor vehicles shoula be assessed for annual tangible personal property taxation, the published and generally accepted average wholesale value of the particular motor vehicle under assessment presents a fairer and more accurate measure of the fair market value of the motor vehicle, as opposed to the then published average finance or loan value of the same vehicle, bearing in mind, however, that peculiar facts applicable to any such vehicle may still remain to be recognized in the assessment process. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it be and is recommended to the Commissioner of Revenue that he hereafter employ, as a guideline or measure to be used in arriving at the value at which motor vehicles are assessed as tangible personal property for the purpose of annual taxation, the then published and generally accepted average wholesale value of the make, model and type of vehicle then in the process of assessment; and that the City Clerk transmit to the Commissioner of Revenue an attested copy of this resolution. ATTEST: City Clerk APPROVED Mayor 277 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23334. A RESOLUTION proposing certain amendments of the Roanoke Charter of 1952, as amended; and providing for a public hearing to be held upon such proposals BE IT RESOLVED by the Council of the City of Roanoke that a public hearing be held before the Council at its regular meeting on the 2nd Monday of November, 1976, after publication of due notice as provided by Section 15.1-835 of the 1950 Code of Virginia, as amended, on proposals made by the Council to amend certain sections of the Roanoke Charter of 1952, as amended, in the follow- ing respects: (a) Amend and reenact Section 6. Compensation of the mayor, vice- mayor and of councilmen, so as to provide that on and after July 1, 1980, the salary of the mayor and that of the vice-mayor and of each other councilman shall be such as is from time to time fixed by ordinance of the City Council, such salaries to be payable in equal monthly installments. (b) To amend and reenact Section 26. City Attorney., so as to eliminate or repeal the second sentence of said section, which requires that the City Attorney shall, at the time of his election, have practiced law in the State of Virginia for at least five years and in the City of Roanoke for at least two years. (c) To amend and reenact Section 53. License taxes, of the Charter of the City of Roanoke, by the addition of a new subsection providing for authority for the pro rata assessment and collection of tangible personal property taxes on all tangible personal property. (d) To amend and reenact Paragraph (3) of Section 62. Zoning., so as to enable provision by ordinance for the discontinuance over a period of time of certain nonconforming uses. BE IT FURTHER RESOLVED that the City Attorney prepare and cause to be published appropriate notice of the aforesaid public ATTEST: APPROVED City Clerk hearing. Mayor 278 iN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1976. No. 23335. AN ORDINANCE directing and providing for the acquisition in fee simple of certain land wanted and needed by the City for the purpose of providing an adequate water supply for the City, and development of a water reservoir and pumping station in the Back Creek watershed in the County of Roanoke; fixing the consideration to be offered to be paid by the City for said land, and other terms and provisions of such acquisition; providing for the City's acquisition of said parcel of land by condemnation; and providing for an emergency. WHEREAS, in order to provide an adequate water supply fore.the City of Roanoke and, in connection therewith, a site for construction of a pumping station as part of the development of a water reservoir in the Back Creek watershed within the County of Roanoke, the parcel of land hereinafter described is wanted and needed by the City for the purposes aforesaid; and WHEREAS, the City has caused estimates to be made of the fair market value of the land herein authorized to be acquired, on the basis of which the consideration hereinafter set out is deemed by the Council to be fair and reasonabl, and funds sufficient for the payment of that consideration have been appropriated by the Council for the purpose; and w~S, 5ne uouncil is a~vise~ of certain conflictin9 claims to title to certain of said land, and certain of the record owners of the land are non- resident of the State; and WHEREAS, seeking to negotiate with agents and attorneys for certain of said owners, the City is advised that said owners do not desire to sell or dispose of said land and that there is slight chance that agreement.might be reached with all such owners for sale of the land on the basis of the consideration which the City is willing to pay for said land; and WHEREAS, for the usual daily operation of the municipal government and of its water department, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the said City of Roanoke wants and needs for the purpose of providing an adequate water supply for said City and, in connection therewith, of constructing a pumping station as a part of the development of a water reservoir in the Back Creek watershed within the County of Roanoke, the land next hereinafter described, situate in said County, and the proper City officials be, and are hereby authorized and directed to acquire by condemnation proceedings brought in the name of the City of Roanoke in the Circuit Court of Roanoke County the fee simple title to that certain six-acre parcel of land located at the mouth of Back Creek, and on both sides thereof, in Roanoke County, said parcel being as is shown on Plan No. 5552, on file in the Office of the City Engineer, owned of record by Suzanne K. Palmer, Lela H. Patterson, James E. Palmer, III, Charles J. Palmer and Suzanne M. Palmer; and to pay therefor a consideration of $5,000.00, or such other sum as is determined by the Court in such proceedings. 279 BE IT FURTHER ORDAINED than an emergency exists and that 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 1st day of November, 1976. No. 23336. AN ORDINANCE to amend and reordain "Schools," of the 1976-77 Appropriatio Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that "Schools," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS Garuen Cit~ (~) ................... $ 209,000.00 Monterey (2) ...................... 736,000.00 Westside (3) ...................... 1,111,520.00 Fairview (4) ...................... 1,223,480.00 Transfer (1) Net increase. (2) Net decrease (3) Net decrease. (4) Net increase. 9,000.00 54,000.00 188,480.00 233,480.00 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 November, 1976. No. 23337. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Wometco Coca-Cola Bottling Company of Roanoke, Inc. to discontinue and close certain por- tions of three alleyways located to the east of Moorman Road between Loudon Avenue, N.W., and Centre Avenue, N. W.; and referring the proposal to the City Planning Commission for study and recommendation. 280 WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, that said petitioner did on October 21, 1976, duly and legally publish as required by Section 14.1-364 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 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 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 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 the Council having considered said application to permanently vacate,..discontinue and close the here- inafter described alley portions; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinafter described 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. R. Lee Mastin, Harry Whiteside, Jr., Dale Poe, R. R. Quick and C. F. Kefauver, any three of whom may act, be 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: BEGINNING at the point of intersection of the easterly line of Moorman Road, N. W., with the southerly line of the 1st alley, north of Centre Avenue, N. W.; thence with the easterly line of Moorman Road, crossing the end of the alley N. 27 deg. 50' 02" W. 14.10 feet to a point, thence with the north line of the alley S. 71 deg. 32' 21" E. 125.45 feet to the corner of another alley; thence with the westerly line of same N. 17 deg. 07' 39" E. 40.50 feet to an angle point in said alley; thence with the southerly line of the alley N. 71 deg. 32' 21" W. 166.87 feet to a point on the easterly line of Moorman Road; thence with the easterly line of Moorman Road crossing the end of the alley N. 27 deg. 50' 02" W. 11.72 feet to a point thence leaving Moorman Road and with the northerly line of said alley N. 87 deg. 40' E. 4.64 feet to an angle point; thence S. 71 deg. 32' 21" E. 75.00 feet with the southerly line of the property of James R. Fuller and Wife and Cora Calloway Wilson, to a point, a corner to the property conveyed to Wometco Coca-Cola Bottling Company of Roanoke, Inc., by Eppa Claude Pace, Jr.; thence with the same and the northerly line of the alley S. 71 deg. 32' 21" E. 12.00 feet to an angle point; thence S. 71 deg. 48' 35" E. 36.00 feet to an angle point; thence leaving the Pace tract and with other property of Wometco Coca Cola Bottling Company of Roanoke, Inc., and with the northerly line of the alley S. 71 deg. 32' 21" E. 49.77 feet to an angle point; thence S. 72 deg. 20' 21" E. 8.00 feet to an angle point; thence with the easterly line of the alley S. 17 deg. 07' 39" W. 50.53 feet to the corner of the alleys; thence S. 72 deg. 20' 21" E. 57.55 feet to the corner of the property of Wometco Coca Cola Bottling Company of Roanoke, Inc.; thence crossing the alley S. 18 deg. 03' 30" W. 10.79 feet to a point on the south side of the alley, corner to property of Wometco Coca Cola Bottling Company of Roanoke, Inc.; thence with the southerly line of the alley the following three bearings and distances: N. 69 deg. 06' 48" W. 18.97 feet; N. 72 deg. 20' 48" W. 38.60 feet and N. 71 deg. 32' 48" W. 168.71 feet to the point of BEGINNING as shown by plat prepared by Buford T. Lumsden and Associates, P. C., Certified Land Surveyors, Roanoke, Virginia, dated October 14, 1976. 281 BE IT FURTHER RESOLVED that the aforesaid application to permanently vacated, discontinue and close the within described portions of three alleyways located to the east of Moorman Road between Loudon Avenue, N. W. and Centre Avenue, N. W., 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 1st day of November, 1976. No. 23338. AN ORDINANCE to amend and reordain Section #1540, "Title XX, Services," of the 1976-77 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 #1540, "Title XX, Services," of the i~'/~-77 ~ppropria~ion ~r~inance, be, and the same is hereby, amended and reordained to read as follows, in part: TITLE XX, SERVICES #1540 Protective Services for Adults (1) ...$20,253.22 Not previously appropriated (1) Net increase ...... $3,700.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1976. No. 23339. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: 282 CETA ADMINISTRATION, TITLE I Unobligated Funds (1) ............. $255,000.00 Not previously appropriated (1) Net increase $255,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1976. No. 23341. AN ORDINANCE directing and providing for the acquisition of certain properties wanted and needed by the City for the construction of navigational aids at Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions providing for the City's acquisition of said properties by condemnation, under certain circumstances; authorizing that a motion be made for the award of right of entry on each or any of said properties for the commencement of said constructiol authorizing the execution of certain agreements with the Department of Highways and Transportation of the Commonwealth of Virginia to construct and maintain the aforesaid navigational aids across U. S. Interstate 581; authorizing the City Manager to apply for the appropriate grants from the Governments of the United States of America and the Commonwealth of Virginia for reimbursement of coSts for the aforesaid acquisition; authorizing the City Manager to transmit to the Federal Aviation Administration a letter of the City's intent to enter into License Agreement No. DOT-FA77EA-8620 to provide for a Medium Intensity Approach Light System with Runway Alignment Lights (MALSR) to serve Runway 5 at Roanoke Municipal Airport, Woodrum Field, upon the acquisition of the necessary properties; and providing for an emergency. WHEREAS, the City Manager in a November 1, 1976, report to this Council requested that the Council grant the necessary authority for the acquisition of certain lands for airport purposes, and to apply for certain grants and to enter into certain agreements in connection with said construction, as more fully set out in said report; and WHEREAS, the Airport Advisory Commission, by its November 1, 1976, report to this Council, concurred ~n those measures set forth in the said City Manager's report; and WHEREAS, the City has caused appraisals to be made of the fair market value of each of the hereinafter described properties necessary for the proper construction of Said navigational aids, on the basis of which the valuations hereinafter set out with respect to said properties have been determined by the 283, Council to be fair and reasonable; and funds sufficient for the payment of the purchase prices hereinafter authorized to be paid have been heretofore appropriated or are being appropriated by the Council for that purpose; and WHEREAS, it is desired that immediate construction of the aforesaid navigational aids, which are necessary public improvements, be commenced, prior to which it is necessary that the City have acquired the right of entry on each of the hereinafter described properties for the purpose of constructing said navigational aids; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That the proper City officials are hereby authorized to acquire from Arrow Wood Country Club, Inc., a Virginia corporation, for the consideration of $71,383.33, Lots 1, 2, 3, 4A-4E, 5 and 6, Map of Golfside Villas, and Lot 1, Block 10, and Lot 1, Block 11, Map of Arrow Wood, in the City of Roanoke, as shown on Plan No. 5555-A, dated October 29, 1976, on file in the Office of the City Engineer; and from Mr. and Mrs. Jerry H. Garst, for a consideration of $37,156.00, a six (6) acre parcel of that 13.15 acre tract of land in the City of Roanoke, Dearin90ffici~ ~u. ~5~0Z0i, as shown on Plan No. 5555-B, dated October 29, 1976, on file in the Office of the City Engineer, said consideration for the Garst property to include the consideration for any damages to the remainder of their property caused by said acquisition; (2) That the City Manager be, and he is hereby directed, immediately, to offer on behalf of the City to the owners of each of the aforesaid properties the consideration hereinabove set out for said properties for said owners' conveyance to the City of the rights or title needed by the City in each of said properties and, upon acceptance of any such offer or offers and upon delivery to the City of the necessary deeds and agreements, approved as to form and sufficiency by the City Attorney, the Director of Finance be, and he is hereby directed to make payment to the owners so accepting said City's offer of the consideration hereinabove set out with respect to said properties, such payment or payments to be made to such persons as are certified by the City Attorney to be entitled to the same; (3) That, should the City be unable to agree with the owners of any of the interests in land hereinabove set out for the City's purchase of said properties, the City Attorney is hereby authorized and directed to institute in a court of competent jurisdiction in the City condemnation proceedings to acquire for the City the properties as are hereinabove set out and described; (4) That, in instituting or conducting any condemnation proceeding herein authorized to be brought on behalf of the City, the City Attorney is hereby authorized and empowered to make motion on behalf of the City for entry of an order, pursuant to the provisions of Section 25-46.8 of the 1950 Code of Virginia, as amended, granting to the City a right of entry for the purpose of commencing its public works or improvements; and the Director of Finance, upon request of said City Attorney shall be, and is hereby authorized and directed to draw and make payment into such court wherein said condemnation proceedings may be pending the sums hereinabove authorized to be paid by the City for the respec- tive interests in land sought to be acquired in such condemnation proceedings; (5) That the City Manager be and is hereby authorized for and on behalf of the City to execute the necessary agreements with the Department of Highways and Transportation of the Commonwealth of Virginia to construct and maintain the aforesaid navigational aids across U. S. Interstate 581; (6) That the City Manager be and is hereby authorized for and on behalf of the City to apply for the appropriate grants from the governments of the United States of America and the Commonwealth of Virginia for reimbursement of costs for the aforesaid acquisition of property; and (7) That the City Manager be and is hereby authorized for and on behalf of the City to transmit to the Federal Aviation Administration a letter expressing the City's intent to enter into License Agreement No. DOT-FA77EA-8620 to provide for the aforesaid (MALSR) System upon the City's acquisition of the aforesaid properties from Arrow Wood Country Club, Inc. BE IT FURTHER ORDAINED that the City Clerk be and is hereby directed to send an attested copy of this ordinance with an accompanying letter from the City Manager to the aforesaid property owners and to Mr. Daniel F. Redding, Department of Transportation, Federal Aviation Administration, Eastern Region, Federal Building, J.F.K. International Airport, Jamaica, New York, 11430. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1976. No. 23342. AN ORDINANCE authorizing the issuance of Change Order No. 3 to the City's contract with Days Construction Company, Inc., authorized by Ordinance No. 22832, for construction of two municipal swimming pools in the City, upon certain terms and conditions; by providing for certain additional plumbing and electrical work; and providing for an emergency. WHEREAS, the City Manager, in report to the Council dated November 1, 1976, has recommended that the Council approve the issuance of Change Order No. 3 to the City's construction contract with Days Construction Company, Inc., dated May 5, 1976, so as to provide for certain additional plumbing and electrical work, which recommendation the Council concurs; and 285 WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on behalf of the City, Change Order No. 3 to the City's contract dated May 5, 1976, with Days Construction Company, Inc., for construction of two (2) municipal swimming pools in the City, said change order to provide for the following: Original Contract Price with Change Order Nos. 1 and 2 Addition to Electrical Work Addition to Plumbing Work Appalachian Power Company has requested an additional Aid to Construction for their service The supplier that assisted in the layout of the kitchen equipment did not supply our Engineering Department with complete information for design of electrical service to all of the kitchen equipment. An additional charge has been requested to complete the electrical service to all kitchen equipment. The bid price included an allowance of $16,000 for deck furniture. The bid price for this equipment when received was $13,226.40 for a credit to the contract of Total New Contract Price $837,744.60 + 308.00 + 291.50 + 573.00 + 451.00 - 2,773.60 $836,594.50 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. A P P R O V ~ D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1976. No. 23343. A RESOLUTION appointing John H. Mitchell and J. D. Sink 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 Lakes and Glenavon sections of the City. WHEREAS, as indicated by report of the City Manager made to the Council on November 1, 1976, it is necessary to appoint two members to the committee established by Ordinance No. 21701 to ascertain and apportion costs of the public sanitary sewer facility mentioned in and authorized by said ordinance, A. N. Gibson and Richard B. Turpin being unable to further serve on said committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that John H. Mitchell, Acting Director of Finance and J. D. Sink, Director of Public Works, be and are appointed as members of the committee heretofore established by Ordinance No. 21701 of the Council for the purpose of ascertaining and apportion'ng the costs of constructing the public sanitary sewer main and lateral facilities Ii 2,86 in the Fairland Lakes and Glenavon sections of the City, approved as an authorized project by said ordinance, said committee to report back to the Council upon ascertaining the costs of such improvements with recommendation as to the proper apportionment and assessment of such costs. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1976. No. 23344. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION #1669 Salaries and Wages (1) ................. $1,031,381.00 POLICE DEPARTMENT #1345 Salaries and Wages (2) ................. 2,491,437.00 FIRE DEPARTMENT #1347 Salaries and Wages (3) ................. 2,752,906.00 (1) Net decrease--- $ 36,809.74 (2) Net decrease- 95,151.75 (3) Net decrease 106,483.14 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED 287 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1976. No. 23345. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION #1669 Salaries and Wages (1) ................. $1,068,190.74 POLICE DEPARTMENT #1345 Salaries and Wages (2) ................. 2,586,588.75 FIRE DEPARTMENT #1347 Salaries and Wages (3) ................. 2,859,389.14 REVENUE SHARING TRUST FUND (4) .............. 128,115.29 (1) Net increase .................. $ 36,809.74 (2) Net increase- 95,151.75 (3) Net increase- 106,483.14 (4) Net decrease .......... 238,444.63 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1976. No. 23346. A RESOLUTION authorizing the Mayor of the City of Roanoke to nogotiate with the proper City officials of the City of Kisumu, Kenya, and other parties and endeavor to establish a relationship and a cultural exchange program between the two cities. WHEREAS, the Roanoke Sister City Committee has suggested that a cultural exchange program be established between the City of Roanoke and the City of Kisumu,l~ Kenya in East Africa, advising that many cities in the United States have multiple programs of international affiliation with other cities; in which suggestion this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable Noel C. Taylor, Mayor of this City, be, and he is hereby, authorized and directed, for and on behalf of the City of Roanoke, to endeavor to establish an affiliation between the City of Roanoke and the City of Kisumu, Kenya, and 288 implementation of a cultural exchange program between citizens of the two cities and, in doing so, to negotiate with the proper officials of the said City of Kisumu, and any other person or persons who may prove helpful in the premises. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1976. No. 23347. A RESOLUTION addressed to the referendum to be presented to the local electorate November 2, relative to abolition of the elective offices of city treasurer and commissioner of revenue and to the transfer of the functions of those offices to the office of the director of finance. BE IT RESOLVED by the Council of the City of Roanoke that it is the intent of this Council that, should the voters of the City approve at the referend· to be held November 2, 1976, the question presented, viz: "Shall the Roanoke Charter of 1952, as amended, be amended, effective January 1, 197~, so as to abolish the office of the city treasurer and the office of the commissioner of revenue as elective offices under the Charter of said City and so as to provide for the transfer of the duties of those offices, as they pertain to the revenues of said city, to the office of the director of finance under the City government, so that all financial operations of the City, including the assessment and collection of local taxes, be combined into one office or department of the City?", it is and will be the intent and endeavor of the Council to assure that there be opportunity for continued employment under the government of the City for the present employees in the offices of the city treasurer and the commissione of revenue, in equivalent positions of employment and at comparable rates of compensation, and that such savings in costs as would be expected to result from consolidation of the functions of those office into that of the director of finance will be those resulting from economies in centralization of similar functions and procedures now performed by said offices and, in areas relating to employment of personnel, from attrition, and not by dismissal of employees in either of said offices. ATTEST: City Clerk APPROVED Mayor 289 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1976. No. 23340. AN ORDINANCE authorizing execution of License Agreement No. DOT-FA77EA- 8675, with the Federal Aviation Administration providing for the construction and maintenance of a Visual Support Slope Indicator (VASI) at Roanoke Municipal Airport Woodrum Field, upon certain terms and conditions. WHEREAS, the City Manager in a report to this Council dated November 1, 1976, has requested authority to execute License Agreement No. DOT-FA77EA-8675, sub ject to certain conditions, with the Federal Aviation Administration to provide for the construction and maintenance of a Visual Support Slope Indicator (VASI) at Roanoke Municipal Airport, Woodrum Field. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to execute for and on behalf of the City License Agreement No. DOT-FA77EA-8675 with the Federal Aviation Administra- tion, said agreement to be upon form approved by the City Attorney, to provide for the construction and maintenance of a Visual Support Slope Indicator (VASI) to serve Runway 5 at Roanoke Municipal Airport, Woodrum Field, said agreement to become effective December 1, 1976, and remain in force until September 30, 1977, but which may be renewed annually at the option of the United States Government, provided that such renewal shall not extend beyond September 30, 1992. APPROVED ATTEST: City clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1976. No. 23350. A RESOLUTION requesting the 1977 General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. WHEREAS, at a regular meeting of the Council held on November 8, 1976, at 7:30 o'clock, p.m., in the Council Chambers in the Municipal Building, after due and proper publication of the notice of public hearing provided for in Section 15.1-835 of the 1950 Code of Virginia, as amended, which said notice contained, inter alia, an informative summary of each of the proposed amendments to the Roanoke Charter of 1952 hereinafter referred to, a public hearing with respect to said proposed amendments was held before the City Council, at which all citizens so desiring were afforded opportunity to be heard to determine if the citizens of the City desire that the City request the General Assembly to amend its existing Charter in the form and manner hereinafter referred to and as provided in the aforesaid notice; and 29O WHEREAS, upon conclusion of said public hearing and upon consideration of each proposed amendment to said Charter, the Council is of opinion that the 1977 General Assembly should be requested to amend said City's Charter in the respects hereinafter provided. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the General Assembly of Virginia be and is hereby requested at its 1977 Session to amend the Roanoke Charter of 1952, as presently amended, and, specifically, Sections 6, 26,and 52, thereof, in the following respects, by deleting from the sections hereinafter set out the words herein shown stricken and by adding to said sections the words shown underscored, viz: Section 6. Compensation of the mayor, vice-mayor and of councilmen. Effective July one, nineteen hundred seventy-two, the salary of the mayor shall be seven thousand two hundred dollars per year, that of the vice-mayor shall be five thou- sand four hundred dollars per year and that of each other councilman shall be four thousand eight hundred dollars per year. On and after July 1, 1980, the salary of the mayor and that of the vice-mayor and of each councilman shall be such as is from time to time fixed by ordinance of the City Council. Such salaries shall be payable ~-e~a~-me~h~-~s~a~me~s? no less frequently than monthly. Section 26. City Attorney. The city attorney shall be elected at the time, in the manner, and for the term provided by section 9 of this Charter. He-sha~-a~-~he-~me-e~-h~s-e~ee~-have-p~ae~ee~-~aw-~-~he $~a~e-~-W~~a-~-a~-~eas~-~ve-y~s-~n~-~-%he-e~-e~ Rea~e-~e~-a~-~eas~-%we-Mea~s? He shall be the legal advisor of and attorney and counsel for the city and the school board of the city and for all officers, and ~epartments thereof, in matters relating to their official duties. He shall prosecute all suits, actions and proceedings for and on behalf of the city and the school board of the city, and defend all suits, actions and proceedings against the same, and shall prepare all contracts, bonds and other instruments in writing, in which the city or the school board of the city are interested or concerned, and shall endorse on each his approval of the form and correct- ness thereof, provided that in the case of bonds to be issued by the city, it shall be sufficient if he certify to the council his approval thereof as to form in a separate writing, to be filed and preserved with the records of the council. The council, the city manager, or any officer, board or commission may require the opinion of the city attorney upon any question of law involving their respective powers and duties. The city attorney shall apply in the name of the city to a court of competent jurisdiction for such injunction or injunctions as may be necessary to restrain and prevent the misapplication of the funds of the city, or the invasion or abuse of its corporate powers, or the usurpation of authority by any city official, or the execution or perfor- mance of any contract made in behalf of the city in contra- vention of law, or which was procured by fraud or corrup- tion. When an obligation or contract made on behalf of the city granting a right or easement or creating a public duty is being evaded or violated, the city attorney, when directed by council, shall institute and prosecute such suit or suits as may be necessary to enforce the forfeiture thereof, or the specific performance thereof, as the nature of the case may require. In case any officer, board or commission shall fail to perform any duty required by law, the city attorney shall apply to a court of competent juris- diction for a writ of mandamus to compel the perfor- mance of such duty. Whenever the city or school board shall purchase or otherwise acquire real estate or any interest therein, unless other provision is made by the council, the city attorney shall examine and certify the title thereto before the purchase price thereof shall be paid. The said city attorney shall perform such other duties as may be required of him by ordinance or resolution of the council. 29! Section 52. Levy for taxes~; proration of taxes on tangible personal property. Ail goods and chattels of any person against whom taxes for the city are assessed may be distrained and sold for said taxes when due and unpaid in the same manner and to the same extent that goods and chattels may be distrained and sold for state taxes. A tenant by whom payment is made or from whom pay- ment is obtained, by distress or otherwise, of taxes or levies due the city, by a person under whom he holds, shall have credit for the same against such person out of rents he may owe him, except when the tenant is bound to pay such taxes and levies by an express contract with such person. And where taxes or levies are paid to the city by any fiduciary or any estate in his hands or for which he may be liable, such taxes shall be refunded out of the said estate. Notwithstanding the provisions of Sections 58-835 and 58-837, 1950 Code of Virginia, as amended, the council may provide by ordinance for the assessment and collec- tion of taxes on any class or classes of taxable tangible personal property for any portion of a tax year during which such property is within the tax jurisdiction of the city and during which such property is owned by the person, firm or corporation in whose name such assessment be made and, if such prorated assessment be so provided, shall provide for apportionment, proration and correction of any tax assessed on tangible personal property for any period of a tax year greater than that during which the person, firm or corporation assessed shall own such property. an informative summary of each of the aforesaid amendments having been published in full in the notice of public hearing heretofore mentioned. BE IT FURTHER RESOLVED that the City Clerk do forthwith and as provided in Section 15.1-834 of the 1950 Code of Virginia, as amended, transmit to the members of the General Assembly of Virginia representing the City of Roanoke at the 1977 Session of said General Assembly two copies of a bill to amend the City's existing Charter in the respects hereinabove set out, for introduction as a bill in said General Assembly, prepared to be enacted as an emergency measure. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1976. No. 23352. AN ORDINANCE to amend and reordain Section #0101, "Council," of the 1976- 77 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 #0101, "Council," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 292 COUNCIL #0101 Travel and Education (1) .......... $10,000.00 Not previously appropriated (1) Net increase- $4,000.00 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 November, 1976. No. 23353. A RESOLUTION expressing the willingness of the Council of the City of Roanoke to discuss with the County of Roanoke joint-use of jail facilities to be constructed in the City of Roanoke. WHEREAS, the City of Roanoke and Roanoke County have long recognized, in the Roanoke Valley area, the need for new and improved jail facilities; and WHEREAS, the Council of the City of Roanoke has directed commencement of preparation for construction, in the City at a site located at Campbell Avenue and Church Avenue, S. W., of a new jail facility and is willing to discuss with the County of Roanoke the possibility of converting such facility into a joint- use jail facility. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council, intending to construct a new jail facility on the abovementioned site, doth hereby express its willingness and doth offer to discuss with the County of Roanoke the possibility of making such new facility a joint-use jail facility. BE IT FURTHER RESOLVED that the City Clerk be and she is hereby directed to forthwith forward an attested copy of this resolution to the Clerk of the Roanoke County Board of Supervisors. APPROVED ATTEST: City Clerk 293 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1976. No. 23354. 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 Games for 1976, upon certain terms and conditions. WHEREAS, the Roanoke Valley Chamber of Commerce, in a letter to the Council dated October 12, 1976, has requested of the Council a waiver of 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 Games for 1976, in which request the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 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 Games for 1976; 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. BE IT FURTHER RESOLVED that the City Clerk be directed to transmit an attested copy of this resolution to Mr. John Kelley, Manager, Civics Department, Roanoke Valley Chamber of Commerce, P. O. Box 20, Roanoke, Virginia 24001. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1976. No. 23355. A RESOLUTION concurring in the State Department of Health's recommendatior of appointment of Dr. E. J. Clarke, Jr., as Director of Health in the City of Roanoke. WHEREAS, by report made October 25, 1976, to the Council by the City Manager the Council was advised of the recommendation of the State Department of Health that Dr. E. J. Clarke, Jr., be appointed Director of Health for the City of Roanoke, to replace Dr. James H. Fagan who retired from said position June 30, 1976, Dr. Clarke being present at said Council meeting and being introduced to the members of that Body. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the said Council doth hereby concur in the appointment by the State Department of Health of Dr. E. J. Clarke, Jr., as Director of Health in the City of Roanoke, effective January 1, 1977, in the place and stead of Dr. James H. Fagan, who retired from said position June 30, 1976. 294 BE IT FURTHER RESOLVED that the City Clerk do transmit an attested copy hereof to the Director, Division of Local Health Services for the State Department of Health, in Richmond. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1976. No. 23356. A RESOLUTION concurring in and approving the filing by Greater Roanoke Transit Company of an application with the Department of Transportation, Urban Mass Transportation Administration, seeking operating funds for Fiscal 1977, pursuant to Section 5 Operation Grant Assistance of the Urban Mass Transportation Act. WHEREAS, Greater Roanoke Transit Company desires to make application to the Department of Transportation, Urban Mass Transportation Administration seeking a Section 5 Operation Assistance Grant for. Fiscal 1977; and WHEREAS, the 1976-1977 Budget of the City of Roanoke adopted by the Council of the City of Roanoke appropriated from the General Revenues of said City of Roanoke total sums sufficient for the operation of the Greater Roanoke Transit Company in fiscal year 1976-1977; and WHEREAS, as required and provided by law, it is necessary that the governing body of the political subdivision for whose benefit the Urban Mass Transportation system will operate, concur in and approve the filing of said grant application. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does hereby concur in and approve the filing by Greater Roanoke Transit Company of a certain application to the Department of Transportation, Urban Mass Transportation Administration, seeking grant of operating funds for Fiscal 1977, pursuant to Section 5 of the Urban Mass Transportation Act of 1964, as amended. ATTEST: City Clerk APPROVED Mayor 295 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1976. No. 23357. AN ORDINANCE amending and reordaining Sec. 1. Where markets held; segregation of producers and peddlers; charge for street space; assignments of space; signs on vehicles of hucksters and peddlers; market hours; penalty, by adding a new subsection (7); and Sec. 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; by providing for the sale of handicraft items at the city market; and providing for an emergency. WHEREAS, the City Manager has recommended that the sale of handicraft items be permitted at the city market, in which recommendation this Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 1. Where markets held; segregation of producers and peddlers; charge for street space; assignments of space; signs on vehicles of hucksters and peddlers; market hours; penalty, of Chapter 2, Title IX. Public Markets, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reoraained by the addition of a new subsection (7), and to read and provide as follows: Sec. 1. Where markets held; segregation of producers and peddlers; charge for street space; assign- ments of space; sale of handicraft items; signs on vehicles of hucksters and peddlers; market hours; penalty. (7) Those persons engaged in handicraft skills may sell those handicraft items which they have fashioned in spaces on the city market otherwise vacant and not used by producers or hucksters and peddlers and as designated by the clerk of the markets. Each person selling handicraft items on the city market in addition to space rental charges, shall pay the appropriate city license tax and, upon the request of the clerk of the markets, shall certify by a sworn affidavit that those handicraft items to be sold were fashioned by such person. (8) The purchaser of market space may occupy space at 5:00 A.M. on the day of purchase, and the clerk of the markets shall sell space a sufficient length of time before 5:00 A.M. to allow the purchaser to occupy the same at 5:00 A.M. Each purchaser of market space shall be entitled to occupy such space from 5:00 A.M. on the day purchased, until 7:30 P.M., each day in the year, except Saturdays and Sundays, and the market hours for Saturdays shall be from 5:00 A.M. to 10:00 P.M.; provided, however, that the market hours for the months of June, July and August shall be as follows: For each weekday, except Wednesday and Saturdays - 5:00 A.M. to 6:00 P.M. For Wednesdays - 5:00 A.M. to 1:00 P.M. For Saturdays - 5:00 A.M. to 9:00 P.M. (9) Every huckster or peddler shall display a sign on his vehicle in letters not less than four inches high, showing the name of the person owning such vehicle, together with the word "Peddler". (10) Any person violating the provisions of this sec- tion shall be guilty of a misdemeanor and upon convic- tion shall be fined not less than five dollars nor more than twenty-five dollars for each offense. BE IT FURTHER ORDAINED by the Council of the City of Roanoke that Sec. 3. Rental charges for use of market building, of Chapter 2. Title IX. Public Markets, of the aforesaid code, be and said section is hereby amended and reordainl to read and provide as follows: Sec. 3. Rental charges for use of market building. Rental charges for the use of stalls and store- rooms in the city market building, and the charges for the street space, be and the same are hereby fixed as follows: (a) Inside market stalls: Nos. 1 through 10 Nos. 11 through 20 Nos. 1 through 20 $120.00 per month, each $100.00 per month, each $ 10.00 per day, each (b) Outside stalls: Nos. 21, 22 Nos. 23 through 30 and 32, 34, 36 and 38 Nos. 31 Nos. 33, 35, and 37 Nos. 39 and 40 Nos. 21 through 40 $180.00 per month, each $ 85.00 per month, each $ 30.00 per month $ 80.00 per month, each $150.00 per month, each $ 10.00 per day, each (c) Curbage fees: Local producers and persons selling handi- craft items $1.50 per day, or $15.00 per month for each space assigned Out-of-state producers $3.00 per day for vehicles less than two tons, $5.00 per day for vehicles two tons or more Hucksters and/or peddlers $1.00 per day. BE IT FURTHER ORDAINED that an emergency existing, this ordinance be in effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23351. AN ORDINANCE amending and reordaining Rule 5, 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 water department deposits in certain instances; and directing the Director of Finance to return certain water department deposits now held by the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Rule 5, 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: d 297 DEPOSITS Rule 5. To insure payment of periodic bills, the water department may require every prospective customer whose estimated usage would result in a billing of over one hundred dollars for one billing period or every cus- tomer whose service has been discontinued for nonpayment to pay a deposit equal to the billing for said customer's estimated usage for one billing period plus sixty days. Any customer whose service is discontinued for nonpay- ment of a periodic water billing, shall pay all charges due the city by him and, in addition thereto, shall make a deposit as set forth above before service shall be restored. Should any person at any time authorize the water depart- ment to issue a sight draft drawn on a bank wherein he maintains a regular checking account for payment of regular water bills made to such person the water department shall accept such authorization as a substitute for a deposit and shall forthwith return to such person any cash deposit of such person then in hand. Any customer who has theretofore made a cash deposit to insure payment of periodic bills, and who is the fee simple owner of or for a continuous period of three years has resided in the property served may, upon surrender of his receipt therefor, be refunded such deposit; provided, that not more than three of the regular bills for service during the preceding three years shall have been delinquent more than fifteen days from the due date stamped thereon. Every customer whose service is discontinued for non- payment of a water billing and who requests and arranges for resumption of such service, and every person who applies for service at an existing metered location or who, at his own request, has arranged for temporary discontinuance of existing service and a later resumption of such service shall pay a specific charge of five dollars before water service shall be turned on at such location. BE IT FURTHER ORDAINED that the Director of Finance be and is hereby directed for and on behalf of the City to return all water department deposits now held by the City from the customers whose average billing for one billing period is less than one hundred dollars and whose service has not been discontinued for nonpayment. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23358. A RESOLUTION in memory of the late ROBERT J. ROGERS, Judge of the Circuit Court of the City of Roanoke. WHEREAS, the Honorable Robert J. Rogers, a native son of this City, a highly respected member of the community, an experienced and capable member of the Bar and an astute Judge of the Twenty-third Judicial Circuit and of the Circuit Court of the City of Roanoke, departed this life on Sunday, November 21, 1976, in the prime of his lifetime of service to the community and to his fellow citizens. 298 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body, on behalf of the Council and of the residents of the City of Roanoke, extends to the widow and members of the family of the late Judge Rogers the deepest of sympathy in that family's period of bereavement and time of loss of an illustrious husband, father, brother and son who was heretofore chosen and who served so ably as an arbitor and judge of matters arising between his fellow citizens. BE IT FURTHER RESOLVED that an attested copy of this expression of sympathy be transmitted by the City Clerk to Barbara McKenna Rogers, widow of the late Judge Bob Rogers. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23361. AN ORDINANCE to amend and reordain Section #2401, "Capital Outlay From Revenue," of the 1976-77 Water Funa 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 #2401, "Capital Outlay From Revenue," of the 1976-77 Water Fund Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE #2401 Land Purchase (1) ...................... $225,100.00 Not previously appropriated (1) Net increase--- $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 299 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23362. AN ORDINANCE amending Ordinance No. 23061, adopted June 28, 1976, pro- viding for the acquisition of certain properties situate in the County of Roanoke, for public purposes; providing for the acceptance by the City of an assignment of certain options to purchase said properties; providing for exercise of the options provided for in said option agreements by giving written notice to the owners of said properties; providing for the execution of any necessary contracts relating to the sale and purchase of said properties; directing the purchase of such properties upon certain terms and conditions; and providing for an emergency. WHEREAS, the Council, by Ordinance No. 23061, adopted June 28, 1976, authorized a specific purchase price to be paid to the owners of the properties set forth in said ordinance; and WHEREAS, for the reasons stated in the City Manager's report to the Council dated November 22, 1976, it has been determined that the size of the parcel to be acquired from L. F. Stultz and Lucille H. Stultz, as heretofore authorized, is 35.435 acres and the correct consideration for said parcel is $200,696.00; and funds sufficient for the purpose of payment of the increased consideration are being contemporaneously appropriated herewith. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 23061, adopted June 28, 1976, be and it is hereby amended in the following respect: That said City acquire for the following listed considerations to be paid on delivery to the City of good and sufficient deeds of conveyance at time of closing, the following described parcels of land together with the improvements thereon unless specifically excluded in said purchase option agreements, situate in the County of Roanoke and described generally as follows, to-wit: 1. That 35.435 acre parcel of land situate in Roanoke County and owned by L. F. Stultz and Lucille H. Stultz des- cribed in the Option to Purchase Agreement dated March 26, 1976, and as shown on Plan Nos. 5543-A and 5543-B, on file in the Office of the City Engineer, entered into between L. F. and Lucille H. Stultz and Dewey R. Robertson and assigned by Dewey R. Robertson to the City of Roanoke, the purchase price to the City of Roanoke to be for the consideration of $200,696.00, with $5,000.00 credited thereon for the consideration of the option; the remaining provisions of said ordinance however, to remain in full force and effect. 300 BE IT FURTHER ORDAINED that, an emergency exists 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 22nd day of November, 1976. No. 23363. AN ORDINANCE to amend and reordain Section #1537, "Social Services," of the 1976-77 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 #1537, "Social Services," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SOCIAL SERVICES #1537 Purchased Services (1) .................. $546,015.00 Blind Purchased Services (2) ............ 11,600.00 Transfer (~) ~ u~crease--- ~3,000.00 (2) Net increase--- 3,000.00 BE IT FURTHUR O~DAI~D that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23365. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 30 U REFUSE COLLECTION #1669 Salaries and Wages (1) .............. $1,031,381.00 POLICE DEPARTMENT #1345 Salaries and Wages (2) .............. 2,491,437.00 (1) Net decrease ............ $36,272.09 (2) Net decrease 93,094.45 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23366. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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, B~ I~ O~AINED by the Council of the City of Roanoke that certain sections of the 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION #1669 Salaries and Wages (1) ............ $1,067,653.09 POLICE DEPARTMENT #1345 Salaries and Wages (2) ............ 2,584,531.45 REVENUE SHARING FUND (3) ............... -0- (1) Net increase ........ $ 36,272.09 (2) Net increase ........ 93,094.45 (3) Net decrease- 129,366.54 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance ATTEST: shall be in effect from its passage. APPROVED City Clerk Mayor 302 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23367. A RESOLUTION expressing the City's willingness to join with the County of Roanoke and/or the Roanoke County Public Service Authority, as their interest may appear, in the development of a joint use interceptor sewer project in the Ore Branch Watershed located in both the City of Roanoke and the County of Roanoke, such interceptor sewer line to either serve or exclude a portion of the Back Creek Watershed in Roanoke County; upon certain terms and conditions. WHEREAS, for several years there has existed a recognized need for development of an interceptor sewer line in the Ore Branch Watershed located in both the City of Roanoke and the County of Roanoke, which said interceptor sewer line should be a joint use facility; and WHEREAS, the State Water Control Board has indicated that state partici- pation in such a project will be contingent upon expanding such Ore Branch intercep tor sewer line to the extent that a portion of the Back Creek Watershed now served by the Starkey Sewage Treatment Plant, can be served by such joint use facility; an, WHEREAS, the City of Roanoke is willing to join with the County of Roanoke and/or the Roanoke County Public Service Authority, as their interest may appear, in the development of the Ore Branch interceptor sewer line as a joint use project, such interceptor sewer line to be so designed to either serve or exclude a portion of the Back Creek Watershed area in addition to the Ore Branch Watershed; and WHEREAS, it is necessary for the City to be advised by the County of Roanoke and/or the Roanoke County Public Service Authority of their willingness to likewise join with the City in the development of the joint use interceptor sewer line project to serve the Ore Branch Watershed and to either serve or exclude that portion of the Back Creek Watershed area hereinabove mentioned. THEREFORE, BE'IT RESOLVED by the Council of the City of Roanoke that it does hereby state the City's willingness to join with the County of Roanoke and/or the Roanoke County Public Service Authority, as their interest may appear, in the development of a joint use interceptor sewer line to serve the Ore Branch Watershed located in both the City of Roanoke and the County of Roanoke, such interceptor sewer line to be so designed to either serve or exclude that portion of the Back Creek Watershed area located in the County of Roanoke and now being served by the Starkey Sewage Treatment Plant, upon such terms and conditions as may be mutually acceptable to both the City of Roanoke and the County of Roanoke and/or the Roanoke County Public Service Authority, as their interest may appear, upon receipt of notification from the County of Roanoke and/or the Roanoke County Public Service Authority, as their interest may appear, of their willingness to participate in the development of such project to either serve or exclude the aforementioned portion of the Back Creek Watershed. 303 BE IT FURTHER RESOLVED that the City Clerk be and she hereby is directed to forthwith mail attested copies of this resolution to William F. Clark, Clerk of the Board of Supervisors of Roanoke County, to William L. Rossie, Jr., Executive Director of the Roanoke County Public Service Authority, and to the State Water Control Board. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23368. AN ORDINANCE to amend and reordain Section #2401, "Capital Outlay From Revenue," of the 1976-77 Sewage Treatment Fund Appropriation Ordinance, and pro- viding for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #2401, "Capital Outlay From Revenue," of the 1976-77 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE #2401 Land Purchase (1) ..................... $3,000.00 Not previously appropriated (1) Net increase .... $3,000.00 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 November, 1976. No. 23369. AN ORDINANCE providing for the City's acquisition of Lots 16 and 17, Block 5, of the Map of Eastover Place in the City of Roanoke; upon certain terms and conditions; and providing for an emergency. 3O4 WHEREAS, the City's Water Resources Committee in report to this Council dated November 22, 1976, has recommended the acquisition of the hereinaftez described property, in which recommendation this Council concurs; and WHEREAS, for the usual daily operation of the municipal government, an emergency is deemed to exist in order that this ordinance take effect upon its passage, funds sufficient to pay for the cost of the land acquisition being contemporaneously appropriated by the Council for the purpose. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of Minnie A. Blackburn, to sell and convey to the City all of Lots 16 and 17, Block 5, Map of Eastover Place, bearing Official Nos. 4330716 and 4330717, as shown on the City's Official Sheet No. 433, for the cash sum of $3,000.00, be, and said offer is hereby ACCEPTED. BE IT FURTHER ORDAINED 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 grantor, Minnie A. Blackburn, a widow, such deed to be, otherwise, upon such form as is 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 purchase price, or to their duly authorized attorney, the City's check in payment of the ~3,0U0.00 purchase price hereinaDove proviaed, less any amount due to be paid by said grantor as taxes. BE IT FURTHER ORDAINED that, an emergency existing, 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 .November, 1976. No. 23370. AN ORDINANCE to amend and reordain Section #0101, "Council," of the 1976-77 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 #0101, "Council," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COUNCIL #0101 Other Services and Charges (1) ....... $18,500.00 Not previously appropriated (1) Net increase .......... $2,500.00 3O5 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23371. AN ORDINANCE amending and reordaining Rule 31, 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 discontinuing the charge of one dollar ($1.00) for the discontinuance of water service for nonpayment of bills; providing for the effective date of said amended Rule 31; and providing for an emergency. WHEREAS, for the usual daily operation of the municipal government, an emergency is deemed to exist and that this ordinance should take effect on December 3, 1976. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Rule 31, of Sec. 5. Rules an~ Reculations, 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: DEPOSITS Rule 31. The bills for service shall bear a payment due date not less than fifteen days after mailing. All bills unpaid after such payment date will be delinquent and the water department shall have the right, after the delivery of notices of such nonpayment, to discontinue ser- vice forthwith, and shall not be required to reinstate ser- vice until all unpaid accounts due from the customer to the water department under any contract have been paid in full. Further, the water department may in its discretion transfer to any other property which is under contract with the same customer, such delinquent bills as may have accrued under his contract and such transfers shall become attached to and be a part of the contract for service to that property and with the same effect as if the water consumed represented by the delinquent bill so transferred was actually used on such property and the department shall have the right on failure of payment to proceed to collect the same in accordance with the foregoing procedure. BE IT FURTHER ORDAINED that an emergency exists, and that this ordinance shall be in force and effect on and after December 3, 1976. APPROVED ATTEST: City Clerk Mayor 306 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23372. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS #1901 Combined Federal Programs #750 (1) ......... $1,604,773.90 SCHOOLS #1901 Combined Federal Programs #750 (2) ......... 1,616,396.90 SCHOOLS #1901 Combined Federal Programs #750 (3) ......... 1,617,396.90 BOARD OF ZONING APPEALS #0615 Materials and Supplies (postage) #300 (4) .. 1,100.00 Other Services and Charges (advertising) #200 (5) .................................. 1,800.00 BOARD OF EQUALIZATION OF REAL ESTATE #0605 Personal Services #100 (extra help) #05 (6). 3,700.00 (1) Net decrease $11,623.00 (2) Net increase .... (3) Net increase--- (4) Net increase (5) Net increase--- (6) Net increase 11,623.00 1,000.00 700.00 1,100.00 2,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance ATTEST: shall be in effect from its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23373. AN ORDINANCE to amend and reordain Section #80000, "Transfers Within C.I.P. Fund," of the 1976-77 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 #80000, "Transfers Within C.I.P. Fund," of the 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: 307 TRANSFERS WITHIN C.I.P. FUND #80000 Woodrow Wilson Jr. High School #4819 (1) .... $820,308.00 Raleigh Court Elementary School #4824 (2) ... 689,767.70 (1) Net increase --$30,000.00 (2) Net decrease 30,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23374. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: URBAN INCENTIVE FUND #3515 T.A.P. Multi-Lingual Newsletter ~01 Other Services and Charges (1) ...... $7,916.00 (1) Net increase $7,916.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23375. AN ORDINANCE amending Ordinance No. 23341, adopted November 1, 1976, directing and providing for the acquisition of certain properties wanted and needed by the City for the construction of navigational aids at Roanoke Municipal Airport; Woodrum Field, upon certain terms and conditions; providing for the City's acquisition of said properties by condemnation, under certain circumstances authorizing that a motion be made for the award of right of entry on each or 3O8 any of said properties for the commencement of said construction; authorizing the execution of certain agreements with the Department of Highways and TransportatJ of the Commonwealth of Virginia to construct and maintain the aforesaid navigational aids across U. S. Interstate 581; authorizing the City Manager to apply for the appropriate grants from the Governments of the United States of America and the Commonwealth of Virginia for reimbursement of costs for the aforesaid acquisition; authorizing the City Manager to transmit to the Federal Aviation Administration a letter of the city's intent to enter into License Agreement No. DOT-FA77EA- 8620 to provide for a Medium Intensity Approach Light System with Runway Alignment Lights (MALSR) to serve Runway 5 at Roanoke Municipal Airport, Woodrum Field, upon the acquisition of the necessary properties; by authorizing an increase in the purchase price to be offered for the purchase of one (1) parcel of land hereinafter mentioned; and providing for an emergency. WHEREAS, the Council, by Ordinance No. 23341, adopted November 1, 1976, authorized a specific purchase price to be offered to the owners of the properties set forth in said ordinance; and WHEREAS, for the reasons stated in the City Manager's report to the Council under date of November 15, 1976, it has been determined that the size of the parcel to be acquired from Mr. and Mrs. Jerry H. Garst, as heretofore authorized, is 6.244 acres and the correct consideration for said parcel and for severance damages and air rights to the remainder of said property is $38,376.00; and funds sufficient for the purpose of payment of the increased consideration have been or are being contemporaneously appropriated herewith. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of ROanoke that Ordinance No. 23341, adopted November 1, 1976, be and it is hereby amended in the following respect: That the proper City officials are hereby authorized to acquire from Mr. and Mrs. Jerry H. Garst, for a consideration of $38,376.00, a 6.244 acre parcel of that 13.15 acre tract of land in the City of Roanoke bearing Official No. 6510101, as shown on Plan No. 5555-B, dated October 29, 1976, on file in the Office of the City Engineer, said consideration for the Garst property to include the consideration for any damages to the remainder of their property caused by said acquisition, the remaining provisions of said ordinance however, to remain in full force and effect. BE IT FURTHER ORDAINED that, an emergency exists and this ordinance shall be in force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor on 309 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23376. AN ORDINANCE accepting Proposal No. 1 of Lee Hartman and Sons, Inc., for providing and installing a complete and operating microphone system with a multiple output distribution network adequate for press, radio and television coverage for City Council Chambers, authorizing the proper City officials to execute the requisite contract; and providing for an emergency. WHEREAS, at a meeting of the Council held on November 1, 1976, and after due and proper advertisement had been made therefor, one bid for the supply of the equipment hereinafter described was opened and read before the Council, whereupon said bid was referred to a committee appointed by the Council to tabulate and study said bid and to make report and recommendation thereon to the Council; and WHEREAS, said committee has reported to the Council in writing its tabulation and recommendation on said bid, from which it appears to the Council that the proposal hereinafter accepted fully meets all of the City's specifications for the supply of the equipment hereinafter described and should be accepted; and funds sufficient to pay the purchase price of said equipment have been or are being contemporaneously appropriated by the Council for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Proposal No. 1 of Lee Hartman & Sons, Inc., made to the City, offering to furnish all labor and materials necessary for the installation of a complete and operating microphone system with a multiple output distribution network adequate for press, radio and television coverage for City Council Chambers, fully meeting all of said City's specifications and requirements made therefor, for a total lump sum price of $9,404.00, cash, be and said bid is hereby ACCEPTED; and 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, seal and attest, respectively, a requisite contract with the aforesaid bidder, incorporating into said contract the City's specifications, the terms of said bidder's proposal, and all guarantees and warranties, and the terms and provisions of this ordinance; the form of which contract shall be approved by the City Attorney; the cost of said equipment, when delivered and installed, to be paid for out of funds 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, not to exceed the sum hereinabove set out. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall take effect upon its passage. APPROVED ATTEST: ~~-~C~--- 310 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23377. AN ORDINANCE approving issuance of Change Order No. 4 to the City's contract with Pebble Building Company for construction of the City's new municipal parking garage on Church Avenue, S. W., to provide for certain changes in the work to be performed resulting in a reduction of the contract amount; to provide for an extension of the contract time for completion of the work; and providing for an emergency. WHEREAS, the City Manager, in a report dated November 15, 1976, to this Council, requested authority to execute Change Order No. 4 to the City's contract with Pebble Building Company for construction of the City's new municipal parking garage on Church Avenue, S. W., so as to provide for certain changes in the work to be performed which changes will reduce the contract amount by $21,784.97, and provide for an extension of the contract time for completion of the work, in which request the Council concurs. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 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. 4. to the City's contract dated July 29, 1975, with Pebble Building Company, so as to provide for the following additions and deletions and extension of contract time: Contract Amount w/ Change Order No. 3 $3,959,165.00 Delete several beams intended for bracing only (Quotation 2) - Adjustment to contract price for difference in sheeting work (Quotation 3) - Parking equipment quotation was below specified allowance (Quotation 8) Adjustment to quantity of excavation and backfill as per unit price quotation 366.10 e Additional wall louvers recommended by Architects for elevator shafts Window washing equipment prices were less than bid allowance - 37.55 Cost of additional forms to round sharp concrete corners as recommended by Archi- tects Contract Amount w/ Change Order No. 4 Time Extension 9,688.32 13,414.00 + 1,067.00 48.00 + 682.00 Total Credit $ 21,784.97 $3,937,380.03 - 28 days (Estimated date of completion June 2, 1977) 311 BE IT FURTHER ORDAINED than an emergency exists and that this ordinance shall be in force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23378. AN ORDINANCE providing for the City's acquisition of certain land necessary for an entrance to William Fleming High School from Highland Farm Road, N. W.; and providing for an emergency. WHEREAS, the School Board of the City of Roanoke has requested that the City of Roanoke acquire the hereinafter described land for the purpose of constructing an entrance to William Fleming High School from Highland Farm Road, N. W.; and WHEREAS, the owners of said land are willing to donate and convey the hereinafter described lands to the said City of Roanoke for the nominal considerati of $1.00, cash; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby authorized and directed to accept from Arrow Wood Gardens, Limited Partnership, on behalf of said City, a deed conveying in fee simple that .0115 acre parcel of land being that certain southwestern portion of Lot 7, Block 22, of the Map of Arrow Wood, as shown on Plan No. 5529, dated June 29, 1976, on file in the Office of the City Engineer, said deed otherwise to be in such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST APPROVED City Clerk Mayor ~n 312 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1976. No. 23379. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2, as hereinafter set forth, 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-510-493-03; 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. WHEREAS, the City Manager, in report to the Council dated November 15, 1976, has recommended that the Council approve the issuance of a 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, so as to provide for certain changes in materials and work as hereinafter set out; and WHEREAS, the Council considering all of the same is of opinion that the changes proposed are desirable and, accordingly, concurs in the recommendations and WHEREAS, the rules, regulations and guidelines of the Environmental Protection Agency and the Virginia State Water Control Board require only prior notification of changes of the type embodied in the change order herein authorized to be issued with subsequent formal approval to be obtained upon request after the issuance of said change order; and WHEREAS, funds sufficient to cover the cost of said changes have been or are being appropriated for the purpose and for the usual daily operation of the municipal government, it is necessary that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 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-510-493-03; viz: DESCRIPTION OF CHANGE ORDER: 1. Change from 143 feet of bored 0.500 inch wall steel pipe at $275.00 per linear foot as bid to the installation of a 42" encasement by boring, mining and/or jacking as dependent on subsurface conditions at $360.00 per linear foot for an add of 2. Delete one junction box JB-1 VDH for credit of Total of Change Order $12,155.00 3,800.00 $ 8,355.00 ORIGINAL CONTRACT AMOUNT $ 888,185.00 313 CONTRACT AMOUNT w/ Change Order No. 1 NET AMOUNT OF CHANGE ORDER CONTRACT AMOUNT AFTER CHANGE ORDER NO. 2 $ 896,156.66 8,355.00 $ 904,511.66 BE IT FURTHER ORDAINED 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. BE IT FINALLY ORDAINED that an emergency exists and that 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 22nd day of November, 1976. No. 23380. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2, as hereinafter set forth, to the City's contract with Aaron J. Conner, General Contractor, Inc., for the construction of the Murray Run Sewer Interceptor ~ Project No. C-510-473-01; 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. WHEREAS, the City Manager, in report to the Council dated November 15, 1976, has recommended that the Council approve the issuance of a change order to the City's contract with Aaron J. Conner, General Contractor, Inc., for the construction of the Murray Run Sewer Interceptor Project, so as to provide for certain changes in materials and work as hereinafter set out; and WHEREAS, the Murray Run Sewer Interceptor Project is a joint- use project funded by the City of Roanoke and the County of Roanoke and/or the Roanoke County Public Service Authority, as their interests may appear, and it is further recommended that the approval of this change order prior to its issuance be secured from the County of Roanoke and/or the Roanoke County Public Service Authority. WHEREAS, the Council considering all of the same is of opinion that the changes proposed are desirable and, accordingly, concurs in the recommendations; and WHEREAS, the rules, regulations and guidelines of the Environmental Protection Agency and the Virginia State Water Control Board require only prior notification of changes of the type embodied in the change order herein authorized 314 to be issued with subsequent formal approval to be obtained upon request after the issuance of said change order; and WHEREAS, funds sufficient to cover the cost of said changes are available for the purpose and for the usual daily operation of the municipal government, it is necessary that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 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 Aaron J. Conner, General Contractor, Inc., for the construction of the Murray Run Sewer Interceptor - Project No. C-510-473-01; viz: DESCRIPTION OF CHANGE ORDER: Additional cost in changing from 18 inch asbestos cement pipe to ductile iron pipe (Class 50, minimum wall thickness of 0.35") under fill material on property in the vicinity of Brandon Avenue and Main Street, S. W. - This difference would be 7.45/ft for the 335 feet required for this change incorporated on a unit price basis for a total add on of $2,495.75. Additional material cost in changing from the proposed 21 inch asbestos cement pipe, to 24 inch steel pipe under the Norfolk and Western Railway Company trestle amounted to $22.75 per foot for a length of 26 feet. This would total to an add on of $591.50. Total of Change Order $ 3,087.25 ORIGINAL CONTRACT AMOUNT $ 416,736.31 CONTRACT AMOUNT w/ Change Order No. 1 $ 428,501.31. NET AMOUNT OF CHANGE ORDER $ 3,087.25 CONTRACT AMOUNT AFTER CHANGE ORDER NO. 2 $ 431,588.56 BE IT FURTHER ORDAINED that the City Manager seek the approval of the County of Roanoke and/or the Roanoke County Public Service Authority to the issuance of the change order herein authorized to be issued. BE IT FURTHER ORDAINED 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. BE IT FINALLY ORDAINED that an emergency exists and that this ordinance shall be in force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor 315 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1976. No. 23359. AN ORDINANCE amending and reordaining Chapter 3. Offenses Against Morality and Decency., of Title XXIII. Misdemeanors and Offenses., of the Code of the City of Roanoke, 1956, as amended, by repealing Sections 3.1, 4, 5, 6, and 6.1., and by adding new sections to be numbered 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 3.12, 4.1, 5.1, and 6.2. WHEREAS, it is considered by the Council, on the basis of numerous complaints and reports brought before it by residents of various areas of the community, that the acts and things hereinafter mentioned and described offend all standards of decency and morality in the community, and must be prohibited. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 3. Offenses Against Morality and Decency., of Title XXIII. Misdemeanors and Offenses., of the Code of the City of Roanoke, 1956, as amended, be and it hereby is amended by repealing Sections 3.1, 4, 5, 6, 6.1, and by adding new sections to be numbered 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 3.12, 4.1, 5.1, and 6.2, to read and provide as follows, viz: Sec. 3.2. "Obscene" defined. The word "obscene" where it appears in this chapter shall mean that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description or representation of such matters and which, taken as a whole, does not have serious literary, artistic, political or scientific value. Sec. 3.3. Obscene items enumerated. Obscene items shall include: (1) Any obscene book; or (2) Any obscene leaflet, pamphlet, magazine, booklet, picture, painting, drawing, photograph, film, negative, slide, motion picture; or (3) Any obscene figure, object, article, instru- ment, novelty device, or recording or transcription used or intended to be used in disseminating any obscene song, ballad, words, or sounds. Sec. 3.4. Production, publication, sale, possession, etc., of obscene items. It shall be unlawful for any person knowingly to: (1) Prepare any obscene item for the purpose of sale or distribution; or (2) Print, copy, manufacture, produce, or reproduce any obscene item for purposes of sale or distribution; or (3) Publish, sell, rent, lend, transport in intrastate commerce, or distribute or exhibit any obscene item, or offer to do any of these things; or (4) Have in his possession with intent to sell, rent, lend, transport, or distribute any obscene item. Possession in public or in a public place of any obscene item as defined in this chapter shall be deemed prima facie evidence of a violation of this section. For the purposes of this section, "distribute" shall mean delivery in person, by mail, messenger or by any other means by which obscene items as defined in this chapter may pass from one person, firm or corpo- 316 Sec. 3.5. Obscene exhibitions and performances. It shall be unlawful for any person knowingly to: (1) Produce, promote, prepare, present, manage, direct, carry on or participate in, any obscene exhi- bitions or performances, including the exhibition or performance of any obscene motion Picture, play, drama, show, entertainment, exposition, tableau or scene; provided, that no employee of any person or legal entity operating a theatre, garden, building, struc- ture, room or place which presents such obscene exhi- bition or performance shall be subject to prosecution under this section if the employee is not the manager of the theatre or an officer of such entity, and has no financial interest in such theatre other than receiving salary and wages; or (2) Own, lease or manage any theatre, garden, building, structure, room or place and lease, let, lend or permit such theatre, garden, building, structure, room or place to be used for the purpose of presenting such obscene exhibition or performance or to fail to post prominently therein the name and address of a person resident in the locality who is the manager of such theatre, garden, building, structure, room or place. Sec. 3.6. Advertising, etc., obscene items, exhibi- tions or performances. It shall be unlawful for any person knowingly to prepare, print, publish, or circulate, or cause to be prepared, printed, published or circulated, any notice or advertisement of any obscene item proscribed in section 3.4, or of any obscene performance or exhibition proscribed in section 3.5, of this chapter, stating or indicating where such obscene item, exhibition, or performance may be purchased, obtained, seen or heard. Sec. 3.7. Coercing acceptance of obscene articles or publications. It shall be unlawful for any person, firm, associ- ation or corporation, as a condition to any sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication to require that the purchaser or consignee receive for resale any other article, book, or other publication which is obscene; nor shall any person, firm, associa- tion or corporation deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept such articles, books, or publications, or by reason of the return thereof. Sec. 3.8. Employing~or permitting minor to assist in offense under article. It shall be unlawful for any person knowingly to hire, employ, use or permit any minor to do or assist in doing any act or thing constituting an offense under sections 3.4., 3.5., 3.6., 3.7., 3.12., 4.1., and 5.1., of this chapter. Sec. 3.9. Photoqraphs, slides and motion pictures. Every person who knowingly: (1) Photographs himself or any other person, for purposes of preparing an obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution; or (2) Models, poses, acts, or otherwise assists in the preparation of any obscene film, photograph, nega- tive, slide or motion picture for purposes of sale or distribution; shall be guilty of a misdemeanor and punishable by a fine of not more than five hundred dollars. Sec. 3.10. Exceptions. Nothing contained in sections 3.3 through 3.9 shall be construed to apply to: 317 (1) The purchase, distribution, exhibition, or loan of any book, magazine, or other printed or manu- script material by any library, school, or institution of higher learning, supported by public appropriation; (2) The purchase, distribution, exhibition, or loan of any work of art by any museum of fine arts, school, or institution of higher learning, supported by public appropriation; (3) The exhibition or performance of any play, drama, tableau, or motion picture by any theatre, museum of fine arts, school or institution of higher learning, supported by public appropriation. Sec. 3.11. Proceeding against book or motion picture alleged to be obscene. Whenever there is reasonable cause to believe that any person is engaged in the sale or commercial distri- bution of any obscene book or motion picture film within the city, any citizen, the commonwealth's attor- ney or the city attorney may institute a proceeding in the circuit court of the city for adjudication of the obscenity of such book or motion picture film. The proceeding authorized to be instituted by this section shall conform in all respects to the procedure set out in Sections 18.2-384 and 18.2-385, of the Code of Virginia, 1950, as amended. Sec. 3.12. Showing previews of certain motion pictures. It shall be unlawful for any person to exhibit any trailer or preview of any motion picture which has a motion picture industry rating which would not permit persons in the audience viewing the feature motion picture to see the complete motion picture from which the trailer or preview is taken. Persons violating the provisions of this section shall be guilty of a misde- meanor. Sec. 4.1. Placards, posters, bills, etc. It shall be unlawful for any person knowingly to expose, place, display, post up, exhibit, paint, print or mark, or caused to be exposed, placed, displayed, posted, exhibited, painted, printed or marked, in or on any building, structure, billboard, wall or fence, or on any street, or in or upon any public place, any placard, poster, banner, bill, writing, or picture which is obscene, or which advertises or promotes any obscene item proscribed in section 3.4 or any obscene exhibition or performance proscribed in section 3.5, or knowingly to permit the same to be displayed on pro- perty belonging to or controlled by him. Sec. 5.1. Indecent exposure. Every person who intentionally makes an obscene display or exposure of his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another to so expose himself, shall be guilty of a misdemeanor. Sec. 6.2. Punishment; first offense; subsequent offenses. Any person, firm, association or corporation, convicted for the first time of an offense under sec- tions 3.3, 3.4., 3.5., 3.6., 3.7., 3.8., 3.12., 4.1., or 5.1., of this chapter shall be guilty of a misde- meanor and punishable by confinement in jail for not more than twelve months or a fine of not more than one thousand dollars, either or both. Any person, firm, association or corporation convicted of a second or other subsequent offense under sections 3.3., 3.4., 3.5., 3.6., 3.7., 3.8., 3.12., 4.1., or 5.1., of this chapter, committed within twelve months after the time of commission of such former offense under any one or more of such sections, shall be guilty of a misdemeanor and shall be punished by a fine of one thousand dollars or by confinement in jail for a period of twelve months, either or both. 318 Provided, however, punishment pursuant to the pro- visions hereof shall not be greater than the punishment provided for a like or similar offense by general law. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1976. No. 23360. AN ORDINANCE granting permission to the Roanoke Valley Bicentennial Commission to arrange for the planting of a 1976-2076 "time capsule" and marker on the top of Mill Mountain, in observance of the Nation's 200th year of Independen~ WHEREAS, the Roanoke Valley Bicentennial Commission is arranging, as a project approved for accomplishment in this 200th year of this Nation's Independencl to provide and plant at a suitable location in the Roanoke Valley, an appropriate stone marker and a "time capsule" containing items, articles and memorabilia depicting scenes and ambitions of the Roanoke Valley Area existing or having existed in said area in and prior to this Bicentennial year, and have requested permission that the same be constructed and planted at a site on the top of Mill Mountain, in Mill Mountain Park, the "time capsule" being intended to remain buried and unopened until the year 2076, at which time it should be opened; to which request the said City Council is agreeable. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be and is hereby granted the RoanOke Valley Bicentennial Commission and its authorized officials and agents to erect a suitable stone marker and to plant at a place on the top of Mill Mountain a "time capsule" commemorating and celebrating this Nation's observance of its 200th year of Independence, the "time capsule" being intended to remain buried and unopened until the year 2076, the year of observance of the Nation's 300th year of Independence; the exact location of said marker and "time capsule" to be such as is approved by the City Manager and to be such as will not in any manner conflict or interfere with presently approved plans for the development of Mill Mountain Park. BE IT FURTHER ORDAINED that the City Manager be and is hereby authorized and empowered to designate and approve such aforesaid location on the top of Mill Mountain and to extend to said Roanoke Valley Bicentennial Commission such assistan in said undertaking as may be available within current appropriations and, further, to cause the location of said marker and planted "time capsule" to be accurately noted on official maps and plats of the City's Mill Mountain Park; and to offer an attested copy of this ordinance to be included amongst other contents of said "time capsule". ATTEST: APPROVED :e 319 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1976. No. 23364. AN ORDINANCE amending and reordaining Sec. 17. Signals by lights or semaphores, of Chapter 1. Traffic Code, of Title XVIII. Motor Vehicles and Traffic, of the Code of the City of Roanoke, 1956, as amended, defining the meaning and legal effect of certain vehicular traffic signal, lights or semaphores and certain use thereof; and providing for the effective date of such amendment. BE IT ORDAINED by the Council of the City of Roanoke that Sec. 17. Signals by lights or semaphores, of Chapter 1. Traffic Code, of Title XVIII. Motor Vehicles and Traffic, be, and said section is hereby amended and reordained to read and provide as follows: Sec. 17. Signals by lights or semaphores. (a) Red indicates that traffic then moving shall stop and remain stopped as long as the red signal is shown, except in the direction indicated by a lighted green arrow; provided, however, that except where a sign is placed prohibiting turns on red, vehicular traffic facing a steady red signal may, after coming to a full stop, cautiously enter the intersection to make a right turn. Such right turning traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic using the intersection. Green indicates the traffic shall then move in the direction of the signal and remain in motion as long as the green signal is given, except that such traffic shai~ yiei~ ~o o~n~r vehicles anu pedestrians lawfully within the intersection. (b) Amber indicates that a change is about to be made in the direction of the moving of traffic. When the amber signal is shown, traffic which has not al- ready entered the intersection, including the cross- walks, shall stop if it is not reasonably safe to continue, but that which has already entered the inter- section shall continue to move until the intersection has been entirely cleared. The amber signal is a warn- ing that the red signal is imminent. (c) The use of a flashing red indicates that traffic shall stop before entering an intersection and the use of a flashing amber indicates that traffic may proceed through the intersection or past such signal with reasonable care under the circumstances. (d) Walk - Pedestrian-control signals exhibiting the word "WALK" shall indicate that pedestrians facing such signal may proceed across the highway in the direc- tion of the signal and shall be given the right of way by the drivers of all vehicles. (e) Don't Walk; Wait - Pedestrian-control signals exhibiting the words"DON'T WALK" or "WAIT" shall indicate that no pedestrians shall start to cross the highway in the direction of the signal. Any pedestrian who has partially completed his crossing on the "WALK" signal shall proceed to a sidewalk or safety zone as quickly as possible upon a change to the "DON'T WALK" or "WAIT" signal while the crossing is being made. Traffic officers may assume control of traffic otherwise controlled by lights or semaphores and in such event signals by such officers shall take prece- dence over such lights or semaphores. (f) Officers of the law and uniformed school cross- ing guards may assume control of traffic otherwise controlled by lights or semaphores and in such event signals by such officers and uniformed crossing guards shall take precedence over such lights or semaphores. 32O (g) Members of the city's fire department when on duty may activate electric traffic control signals when in the process of combatting fire or responding to an alarm of fire and when no officer of the law is present at the location of such signal. BE IT FURTHER ORDAINED that this ordinance shall be in force and effect on and after January 1, 1977. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1976. No. 23381. AN ORDINANCE to amend and reordain Section #0101, "Council," of the 1976-77 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 #0101, "Council," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COUNCIL #0101 Other Services and Charges (1) .......... $20,000.00 Not previously appropriated (1) Net increase $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 6th day of December, 1976. No. 23384. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: 321. GENERAL DISTRICT COURT EQUIPMENT #357440 Other Equipment (1) .................... $6,087.00 Not previously appropriated (1) Net increase ..... $6,087.00 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 December, 1976. No. 23385. AN ORDINANCE to amend and reordain Section #0703, "General District Court," of the 1976-77 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 #0703, "G~n~ral District Court," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: GENERAL DISTRICT COURT #0703 Grant Local Cash Match (1) ............... $387.00 Not previously appropriated (1) Net increase $387.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1976. No. 23386. AN ORDINANCE to amend and reordain Section #1540, "Title XX, Services," of the 1976-77 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 #1540, "Title XX, Services," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 322 TITLE XX, SERVICES 91540 Day Care for Adults Developmentally Disabled (1) ........................... $26,669.68 Not previously appropriated (1) Net increase- $1,866.67 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1976. No. 23387. AN ORDINANCE repealing Sec. 8, Chapter 3, of Title VI of the Code of the City of Roanoke, 1956, as amended, relating to a tax on the sale of bottled gas; fixing the effective date of such repeal; and providing for an emergency. WHEREAS, by provisions contained in the statutes of Virginia the imposition of a local tax on utility services has been limited to those utility services provided by public service corporations, other suppliers of like services being subject to the Statewide general sales and use tax, the Attorney General having subsequently ruled that such tax, imposed as a tax on the sale of a utility service is not permitted of localities, and the Commissioner of Revenue not having thereafter been able to enforce the same; and the city attorney has recommended to the Council that provisions heretofore contained in the section of the City Code herein referred to should be repealed, to be effective as of the 1st of October 1975, with accountability for such former taxes to be made as of the preceding day; and WHEREAS, for the usual daily operation of the municipal government it is necessary that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 8. Bottled Gas., of Chapter 3. Utility service tax., Title VI. Taxation., of the Code of the City of Roanoke, 1956, as amended, be and said section is REPEALED as of the 1st day of October 1975; with accountability for the payment of taxes under said section to be made for periods prior to but ending on the 30th day of September, 1975. BE IT FURTHER ORDAINED than an emergency exists, and that this ordinance be in effect upon its passage. ATTEST: City Clerk APPROVED Mayor 323 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1976. No. 23388. A RESOLUTION proposing a certain amendment of the Roanoke Charter of 1952, as amended; and providing for a public hearing to be held upon such proposal. BE IT RESOLVED by the Council of the City of Roanoke that a public hearing be held before the Council at its regular meeting on the 4th Tuesday in December, 1976, after publication of due notice as provided by Section 15.1-835 of the 1950 Code of Virginia, as amended, on proposal made by the Council that the General Assembly be requested to amend and reenact section 8 of the Roanoke Charter of 1952, as amended, so as to provide that the officers elected by the city council pursuant to that section need not be residents of the City of Roanoke at the time of such election or during tenure in office. BE IT FURTHER RESOLVED that the City Attorney prepare and cause to be published appropriate notice of the aforesaid public hearing. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1976. No. 23389. AN ORDINANCE to amend and reordain Section #1832, "Contributions and Subsidies," of the 1976-77 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 #1832, "Contributions and Subsidies," of the 1976-77 Appropriation Ordi- nance, be, and the same is hereby, amended and reordained to read as follows, in part: CONTRIBUTIONS AND SUBSIDIES #1832 Humanitarian and Social Programs Contingencies (1) ............... $10,740.00 Western Virginia Emergency Medical Services (2) ........... 4,000.00 Transfer (1) Net decrease -$4,000.00 (2) Net increase ........ 4,000.00 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 6th day of December, 1976. No. 23391. AN ORDINANCE accepting the proposal of Municipal Advisors, Incorporated, to conduct a job classification and wage study for the City of Roanoke; authorizing the proper City officials to execute the requisite contract; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, on November 1, 1976, and after due and proper advertisement had been made therefor, seven (7) proposals for the study hereinafter mentioned were opened and read before the City Council and referred for tabulation, study and recommendation to a committee appointed for the purpose, and thereafter was studied by the committee which has made written report and recommendation to the Council; and WHEREAS, the Council, concurring in the committee's report; and consideri all of the same, has determined that the proposal hereinafter accepted is the lowest and best proposal made to the City to conduct a job classification and wage study for the City, and that funds sufficient to pay for the same have been appropriated; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as (1) That the proposal of Municipal Advisors, Incorporated, to conduct a classification and wage study for the City, as described in the City's invitation for proposals and specifications therefor, for a lump sum of $19,871.00, cash, upon satisfactory completion of said study, 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 Municipal Advisors, Incorpora the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's specifications made for said study; and said contract to be upon such form as is prepared and approved by the City Attorney, and the cost of the study when completed to be paid out of funds appropriated by the Council for the purpose; and (3) That the other bids made to the City for said study be and hereby are REJECTED, the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor ~g :ed, 325 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1976. No. 23392. AN ORDINANCE to amend and reordain Section #2401, "Capital Outlay From Revenue," of the 1976-77 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 #2401, "Capital Outlay From Revenue," of the 1976-77 Airport Fund Appro- priation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE #2401 Operational and Construction Equipment (1) ....................... $ -0- Airport Air Conditioning (2) ......... 37,500.00 Transfer and Appropriation (1) Net decrease ........... $20,000.00 (2) Net increase ........... 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 6th day of December, 1976. No. 23393. AN ORDINANCE accepting the proposal of Valley Air Conditioning Corporatio to provide alterations to the air conditioning system for the terminal building at Roanoke Municipal Airport, Woodrum Field; authorizing the proper City officials to execute the requisite contract; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, at the meeting of Council held on November 22, 1976, and after due and proper advertisement had been made therefor, six (6) bids for providing alterations to the air conditioning system for the terminal building at said airport were opened and read before the Council, whereupon, all said bids were referred to a committee appointed by the Council to tabulate and study the same and to make report and recommendation thereon to the Council; and WHEREAS, said committee has reported to the Council, in writing, its tabulation and recommendation on all said bids, from which it appears to the Council that the proposal of Valley Air Conditioning Corporation represents the lowest and best bid made to the City for the performance of said work, and should be accepted; and that said other bids should be rejected; and 326 WHEREAS, there is being appropriated and made available for such work a sum sufficient to pay the contract price hereinafter authorized; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as 1. That the proposal of Valley Air Conditioning Corporation to provide alterations to the air conditioning system for the terminal building at Roanoke Municipal Airport, Woodrum Field, as described in the City's plans and specificatio for an estimated sum of $34,730.00, be, and said proposal is hereby ACCEPTED, the costs to be incurred by the City, however, not to exceed the total sum of $34,730.00. 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 the aforesaid Valley Air Conditioning Corporation, 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 as is approved by the City Attorney, and the cost of the work when completed to be paid out of funds hereto- fore or contemporaneously appropriated by the Council for the purpose; and 3. ~nat the other Di~s ma~e 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. BE IT FURTHER ORDAINED that, an emergency existing, 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 6th day of December, 1976. No. 23394. AN ORDINANCE awarding a certain contract for installation of a new collection window for the Office of the Traffic Division of the City's General District Court; upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager, in a November 22, 1976 report to this Council, requested that he be authorized to execute a contract with Hodges Lumber Company for the installation of a new collection window for the Office of the Traffic Division of the City's General District Court, for the consideration of $429.00, Hodges Lumber Company having submitted the lowest proposal for the installation of said collection window; and SI 327 WHEREAS, funds have been appropriated by the Council sufficient to pay the cost of the installation hereinafter authorized to be made and, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed to enter into a written contract, on form approved by the City Attorney, on behalf of the City with Hodges Lumber Company for the installation of a new collection window for the Office of the Traffic Division of the City's General District Court for the consideration of $429.00, said contract to have incorporated therein the City's requirements and specifications for the work so authorized to be done, the proposal of Hodges Lumber Company 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 City's 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 hereafter made by the City for said improvements. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall 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 December, 1976. No. 23395. A RESOLUTION approving the City Manager's issuance of Change Order No. 3 in connection with the City's contract, with Davis H. Elliott Company for the Fallon Park baseball diamond's construction and lighting, heretofore authorized by Ordinance No. 22991, so as to provide for an extension of time to complete the work and to provide for payment in full for all work heretofore completed by the contractor. WHEREAS, the City Manager, in written report to the Council under date of November 22, 1976, has recommended that the Council approve the issuance of Change Order No. 3 to the City's contract with Davis H. Elliott Company for the Fallon Park baseball diamond's construction and lighting so as to provide for a fifteen (15) day extension of the time within which to complete the work and to provide for payment in full for all work heretofore completed by the contractor, the City to retain the sum of $7,200.00,~ such sum representing the cost of the balance of the work to be performed by the contractor, in which recommendation the Council concurs; and 328 WHEREAS, funds sufficient for the payment of the cost of the work completed or to be completed have been appropriated by the Council for the purpose. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and is hereby authorized and empowered to issue, for and on behalf of the City, Change Order No. 3 to the City's contract with Davis H. Elliott Company made June 14, 1976, authorized by Ordinance No. 22991, so as to provide for a fifteen (15) day extension of the time within which to complete the work and to provide for payment in full for all work heretofore completed by the contractor, the City to, in any event, retain the sum of $7,200.00, such sum representing the cost of the balance of the work to be performed by the contractor and such sum to be hereafter paid to the contractor upon completion of the work pursuant to the aforesaid contract. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1976. No. 23396. A RESOLUTION to recognize and recertify the Fifth Planning District Drug and Alcohol Abuse Coordinating Council as the sole substance abuse planning authority for the Fifth Planning District of Virginia. WHEREAS, recent State legislation has directed a merger of alcohol and drug abuse planning and administration at the State and regional levels under the auspices of the newly organized Division of Substance Abuse of the Department of Mental Health and Mental Retardation; and WHEREAS, the Fifth Planning District Drug Abuse Coordinating Council has been recognized by the outgoing Virginia Drug Abuse Advisory Council since May 21, 1974, as the sole drug abuse planning and coordinating body for the District; and WHEREAS, the said Drug Abuse Coordinating Council has reorganized as the Fifth Planning District Drug and Alcohol Abuse Coordinating Council, estab- lishing the necessary substance abuse planning and coordination capabilities in accordance with Title 37.1, Chapter 11, Section 216. Plans and data from planning districts, counties and cities, of the Code of Virginia, 1950, as amended; and WHEREAS, the City Manager, in a November 22, 1976 report to this Council, requested that this Council by resolution recognize the Fifth Planning District Drug and Alcohol Abuse Coordinating Council as the sole substance abuse planning and coordinating body for the Fifth Planning District area. 329 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that recognizes and recertifies the Fifth Planning District Drug and Alcohol Abuse Coordinating Council as the sole substance abuse planning authority for the Fifth Planning District of Virginia. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1976. No. 23397. AN ORDINANCE amending Ordinance No. 23376, adopted November 22, 1976, accepting Proposal No. 1 of Lee Hartman and Sons, Inc., for providing and installin~ a complete and operating microphone system with a multiple output distribution network adequate for press, radio and television coverage for City Council Chambers by authorizing acceptance of Proposal No. 3 of Lee Hartman and Sons, Inc., in addition to Proposal No. 1, authorizing the proper City officials to execute the requisite contract; and providing for an emergency. WHEREAS, at a meeting of the Council held on November 1, 1976, and after due and proper advertisement had been made therefor, one bid for the supply of the equipment hereinafter described was opened and read before the Council, whereupon said bid was referred to a committee appointed by the Council to tabulate and study said bid and to make report and recommendation thereon to the Council; and WHEREAS, the Council by Ordinance No. 23376 adopted November 22, 1976, accepted Proposal No. 1 of Lee Hartman and Sons, Inc., for providing and installing a complete and operating microphone system with a multiple output distribution network adequate for press, radio and television coverage for City Council Chambers and WHEREAS, the Council has determined that, in addition to the acceptance of Proposal No. 1, aforesaid, it is advisable that Proposal No. 3 of Lee Hartman and Sons, Inc., to install a sound reinforcement system to be used with microphone and multiple electronic distribution system for sound reinforcement in the Council Chamber, and other designated areas, be accepted; and WHEREAS, funds sufficient to pay for the cost of the equipment and installation thereof hereinafter accepted have been or are being appropriated for the purpose, and it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 23376, be amended and reordained to read and provide as follows: 33O 1. That Proposal No. 1 and Proposal No. 3 of Lee Hartman and Sons, Inc., made to the City, offering to furnish all labor and materials necessary for the installation of a complete and operating microphone system with multiple output distribution network adequate for press, radio and television coverage and a sound reinforcement system with microphone and multiple electronic distribution system for City Council Chambers, and other designated areas, fully meeting all of said City's specifications and requirements made therefor, for a total lump sum price of $13,593.50, cash, be and said proposals are 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 of Roanoke to execute, seal and attest, respectively, a requisite contract with the aforesaid bidder, incorporating into said contract the City's specifications, the terms of said bidder's proposal, and all guarantees and warranties, and the terms and provisions of this ordinance; the form of which contract shall be approved by the City Attorney; the cost of said equipment, when delivered and installed, to be paid for out of funds 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, not to exceed the sum hereinabove set out. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall take effect upon its Passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1976. No. 23398. AN ORDINANCE to amend and reordain Section #0101, "Council," of the 1976-77 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 #0101, "Council," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COUNCIL #0101 Capital Outlay (1) ................... $28,593.50 Not previously appropriated (1) Net increase $13,593.50 331 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1976. No. 23382. AN ORDINANCE to amend and reordain Section 18 of Chapter 1, Title XIX, of the Code of the City of Roanoke, 1956, establishing a schedule of rates to be charged and collected for the transportation of passengers within the City by certain public vehicles. .BE IT ORDAINED by the Council of the City of Roanoke that Sec. 18. Rates - Schedule, of Chapter 1, Title XIX, of the Code of the City of Roanoke, 1956, establishing a schedule of rates to be charged and collected for the trans- portation of passengers within the City by taxicabs and for-hire automobiles, be, and saia section is hereby amended and reorGainea to read and provide as follows: Sec. 18. Rates - Schedule. The following schedule of rates shall be charged and collected for the transportation of passengers within the city by public vehicles and no different rate shall at any time be charged or collected for such services: (a) Taxicab rates. The rates to be charged and collected for service by taxicabs shall be determined by accurately working taximeters and shall be as follows: (i) Distance rates. For the first one-seventh mile or fraction thereof, seventy cents. For each additional one-seventh mile or fraction thereof, ten cents. (ii) Time rate. For each one minute of waiting time, ten cents. While a charge is made for waiting time, there shall be no charge for mileage under the foregoing distance rates. (iii) Extra passengers. For each additional passenger, ten cents. Waiting time shall include the time the vehicle is stopped in traffic or at the direction of the passenger or whenever the vehicle slows to a speed (ten miles per hour) at which the charges under the foregoing distance rates are less than the charge for the time rate, but shall not include the first three minutes of the time of arrival at the place to which the vehicle has been called, or by reason of a pre- mature response to a call. When calls are made from stand to residence or other place of pick-up, no charge shall be made until the cab arrives at the point of pick-up. 332 (b) For-hire automobile rates. The rates to be charged and collected for for-hire automobile service shall be determined by accurately working odometers and shall be as follows: (i) Distance rates. For the first one-seventh mile or fraction thereof, seventy cents. For each additional one-sixth mile or fraction thereof, ten cents. (ii) Time rate. For each one minute of waiting time, ten cents. While a charge is made for waiting time, there shall be no charge for mileage under the foregoing distance rates. (iii) Extra passengers. For each additional passenger, ten cents. Waiting time shall include the time the vehicle is stopped in traffic or at the direction of the passenger or whenever the vehicle slows to a speed (ten miles per hour) at which the charges under the foregoing distance rates are less than the charge for the time rate, but shall not include the first three minutes of the time of arrival at the place to which the vehicle has been called, or by reason of a pre- mature response to a call. When calls are made from stand to residence or other place of pick-up, no charge shall be made until the for-hire automobile arrives at the point of pick-up. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1976. No. 23383. AN ORDINANCE authorizing and providing for the lease by the City of the former Harrison Elementary School site to Total Action Against Poverty in Roanoke Valley; upon certain terms and conditions. WHEREAS, by request of November 17, 1976, the Total Action Against Poverty in Roanoke Valley has requested that the City lease to Total Action Against Poverty in Roanoke Valley the former Harrison Elementary School site to be used as a Day Care Center upon the terms hereinafter provided, in which request Council concurs. THEREFORE, 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 Total Action Against Poverty in Roanoke Valley, leasing to said organization certain areas in the former Harrison Elementar School building to be used for a Day Care Center, including the kitchen, rest rooms and playgrounds, between the hours of 6:00 a.m., and 6:00 p.m., Monday through Friday, for a term of one year commencing December 1, 1976, the fair rental value of said premises to be waived by the City as a charitable donation, the City reserving the right to use the building at all other times during the term of such lease; such lease to contain such other reasonable terms and provisior as may be required by the City Manager and to be, otherwise, upon such form as is approved by the City Attorney. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1976. No. 23390. AN ORDINANCE accepting the proposal of APCOA, Inc., for managing the City's downtown municipal parking facility for a term of two (2) years, upon certain terms and conditions; authorizing the proper City officials to execute a requisite contract and rejecting all other bids. WHEREAS, at the meeting of the Council held on December 6, 1976, and after due and proper public advertisement made therefor, four (4) sealed bids or proposals for the management of the City's downtown municipal parking facility were received, opened and read before the Council, ~.7~ereupon all said bids were referred to a committee appointed for the purpose, to tabulate and study said bids and make recommendation thereon to the Council; and WHEREAS, the aforesaid committee has tabulated and studied all said bids and reported in writing to the Council that the bid or proposal of APCOA, Inc., has been determined to constitute the best bid submitted to the City for the management of the City's downtown municipal parking facility and should be accepte~ and that the other three bids should, accordingly, be rejected, in which recommen- dation the City Manager concurs; and THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the written proposal of APCOA, Inc., dated October 22, 1976, and as supplemented by their letter of November 29, 1976, for the management of the City's downtown municipal parking facility, for a term of two (2) years with an option to extend for two additional one year periods, which said proposal provides for payment by the City as follows: a) For the first two years of operation $3,498.00 per month, plus 5.0% of net revenues; b) For the third year of operation, $3,836.00 per month, plus 4.0% of net revenues; c) For the fourth year of operation, $3,971.00 per month, plus 3.0% of net revenues; which said proposal is on file in the office of the City Clerk be, and said proposal is hereby ACCEPTED. 333 s 334 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, a requisite contract with the aforesaid successful bidder, the terms of which, including the aforesaid provisions and the bidder's proposal, shall be approved by the City Manager, and the form of which shall be approved by the City Attorney. BE IT FURTHER ORDAINED that the three other proposals made to the City in response to its aforesaid invitation to bid be, and said other proposals are hereby REJECTED, the City Clerk to so notify each said other bidder 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 13th day of December, 1976. No. 23403. AN ORDINANCE to amend an~ reoraain the City o~ Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE COURT TRAINING #A3574 Personal Services (1) ..................... $38,678.00 Travel and Education (2) .................. 1,670.00 Not previously appropriated (1) Net increase $38,678.00 (2) Net increase 1,670.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 335 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1976. No. 23404. AN ORDINANCE to amend and reordain Section #0705, "Juvenile and Domestic Relations Court," of the 1976-77 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 #0705, "Juvenile and Domestic Relations Court," of the 1976-77 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE AND DOMESTIC RELATIONS COURT #0705 Local Cash Match (1) ................ $1,006.00 Not previously appropriated (1) Net increase $1,006.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1976. No. 23405. 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 probation officer training program for the City's Juvenile and Domestic Relations District Court. WHEREAS, pursuant to prior authority of this Council, there have been filed on behalf of the City with the Division of Justice and Crime Prevention several applications for action grant awards of Federal funds pursuant to the Law Enforcement Assistance Act; and WHEREAS, the Division of Justice and Crime Prevention has awarded funds to the City pursuant to Grant No. 75-A3087, as amended November 4, 1976, for continuation of a probation officer training program subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and WHEREAS, the City Manager recommends to the Council that Grant No. 75- A3087, as amended November 4, 1976, be accepted upon such special conditions aforesaid, in which recommendation the Council concurs. 336 follows: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as 1. That Byron E. Haner, City Manager, be and he is hereby authorized to execute and file the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for Action Grant No. 75-A3087, as amended November 4, 1976, for Federal funds in the amount of $19,168.00, through said Division, to be used, along with certain State and local funds, to aid in continuation of the probation officer training program for the City's Juvenile and Domestic Relations District Court, estimated cost approximately $40,348.00; 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 13th day of December, 1976. No. 23406. A RESOLUTION proclaiming the Council's support for Airport Appreciation Days and establishing the dates for the City's Third Annual Airport Appreciation Days. WHEREAS, the Council desires to establish Airport Appreciation Days as May 21 and 22, 1977, to be held at Roanoke Municipal Airport, Woodrum Field, at which time the citizens of the Roanoke Valley will be treated to numerous exhibits and special events relating to commercial and military aviation at Roanoke Municipal Airport, Woodrum Field. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby proclaims its support for Airport Appreciation Days and does establish May 21 and 22, 1976 as the City's Third Annual Airport Appreciation Days to be held at Roanoke Municipal Airport, Municipal Field. BE IT FURTHER RESOLVED that the City Clerk transmit attested copies of this resolution to the Airport Advisory Commission and to Mr. Robert C. Poole, Airport Manager. ATTEST: City Clerk APPROVED Mayor 337 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1976. No. 23407. A RESOLUTION rejecting all bids received for the construction of a vehicular wash facility at the City's Public Works Service Center. WHEREAS, on October 25, 1976, and after due and proper advertisement had been made therefor, six (6) bids for the construction of a vehicular wash facility at the City's Public Works Service Center were opened and read before the Council, which were thereafter referred to a committee appointed for the purpose of tabulating and studying said bids; which bids were, thereafter, tabulated and studied by said committee which has made written report and recom- mendation to the Council dated December 13, 1976, after which the Council, upon mature consideration, concluded that all such bids should be rejected. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that all bids heretofore received by the City on October 25, 1976, for the construction of a vehicular wash facility at the City's Public Works Service Center be and the same are hereby REJECTED; the City Clerk to so notify all said bidders and to express to each the City's appreciation of said bids. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1976. No. 23409. AN ORDINANCE amending Title II. Administration., of the Code of the City of Roanoke, 1956, as amended, by repealing Chapter 13. Personnel., in its entirety, and enacting in the place thereof two new chapters numbered and entitled Chapter 13.1. Personnel-Management Relations., and Chapter 13.2. Personnel and Employment Practices Commission.; and providing for an emergency. WHEREAS, the City Manager by report dated December 6, 1976, has recom- mended to the Council that certain changes in the personnel provisions of the City Code are necessary in order to maintain a fair and equitable relationship between the City and all its employees; and WHEREAS, the Council, being mindful of its responsibility to provide for the delivery of governmental services to all its citizens in the most efficient manner and recognizing that such efficiencies can be better accomplished through an employer-employee relationship which recognizes, protects and promotes, fairly and equitably, the rights of all its employees, concurs in the recom- mendation of the City Manager; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. 33,8 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 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 Chapter 13. Personnel., in its entirety, and enacting in the place thereof two new chapters, numbered and entitled Chapter 13.1. Personnel-Management Relations., and Chapter 13.2. Personnel and Employment Practices Commission., to read and provide as follows: CHAPTER 13.1 PERSONNEL-MANAGEMENT RELATIONS Sec. 1. Department of Personnel Management. Pursuant to Sec. 23 of the Charter there is here- by created a department of personnel management which shall consist of the manager of personnel management, the division of personnel, the division of management engineering and the division of occupational safety and such other divisions and employees as may from time to time be authorized. Sec. 2. Manager of personnel management; appointment. The manager of personnel management shall be appointed by the city manager; provided however, once appointed the manager of personnel management shall perform the duties and responsibilities enjoined upon him by this Chapter free from interference, restraint or coercion by any other employee, board, committee or commission of the city. Sec. 3. 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 cuntain~ in 'chis chapter and to the general supervision of the city manager. The manager of personnel management shall have through the department divisions the following respon- sibilities 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 to be completed and approved as provided in Chapter 13.2 on or before December 31st of any review year. b. To prepare a pay plan for each position in the classified service of the city annually. Such plan to 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 of 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 appli- cations 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 vacancies in the classified service of the city. e. To establish eligibility lists for each class of position in the classified service to which appoint- ments are to be made, the composition of such lists to be determined by the criteria and guidelines established by paragraph (d) of this section and whenever a vacancy in such a position is to be filled, to provide to the appropriate council appointed officer at least the top three applicants from the eligibility list for that position. 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 lonqer than three months and that no such 339 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 a roster of all persons in the classified service, except school board employees, which shall specify as to each such person (1) the class title of the position held, (2) 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, except employees of the school board, 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 advancement in the service of the city. k. To seek to impartially resolve and/or adjust difficulties arising out of or relating to the employ- ment relationship, and to that end shall have free and unencumbered access to all data relating to any speci- fic difficulty. 1. To recommend, on his own initiative or upon request of any council appointed officer, such rules and procedures to the personnel and employment practices commission 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, through the per- sonnel management department, pruvidin9 such czericai 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 commis- sion and hearings of commission panels. n. To perform such other duties as may be assigned to him by the city manager. Sec. 4. Office of affirmative action; affirmative action officer; appointment. There is hereby established the affirmative action office. The affirmative action officer shall be a city employee appointed by the city manager; provided however that 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 any other employee, board, committee or commission of the city. Sec. 5. 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 oppor- tunities complaints 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 an affirmative action plan to apply to each department, board, commission and agency of the city. b. To seek to impartially resolve and/or adjust any difficulties arising out of or relating to the implementation of the affirmative action plan or 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. c. To assist in the development of the criteria and guidelines required under paragraphs (d) and (j) of section 3 of this chapter. 34O d. To act as a liasion and coordinating employee of the city for affirmative action matters to all city personnel and officers. e. Perform such other duties as may be assigned to him by the city manager. Sec. 6. 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, the city manager, and persons appointed by the judges of the courts of record; (c) employees of the school board performing administra- tive and educational functions as determined by the school board, provided that any class of such employ- ees may be transferred to the classified service on the request of the school board and approval of the city council; (d) licensed physicians and dentists employed by the city in their professional capacities; (e) 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. 7. Classified service. The classified service shall comprise all employees and positions, not specifically included by the preced- .ing section in the unclassified service. All original appointments in the classified service shall be made from an eligible list certified by the manager of personnel management, as provided in subsection (e) of section 3, and promotions to higher positions in the classified service shall be made as provided pursuant to subsection (j) of section 3. Employment in the classifieQ service sna~l De governe~ by the rules established by the personnel and employment practices commission. Prior to the conclusion of any probation- ary period established by the personnel and employment practices commission, any employee may be terminated by the appropriate council appointed officer, if in his opinion such employee does not possess the qualifi- cations required by the position to which he was appointed. Upon 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. 8. Promotions. Vacancies in higher positions in the classified service shall be filled as far as practicable by pro- motion from lower classes upon the basis set out in subsection (j) of section 3 and shall also include a consideration of service ratings, provided that in the case the city manager so directs any such position may be open not only to members of the classified service but to persons not in the service of the city. All standards applicable to promotion shall be applied by the manager of personnel management in accordance with the rules adopted by the personnel and employment prac- tices commission, and the three highest qualified candi- dates, 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. 9. Classification plan. The manager of personnel management shall, at least biennually, review and prepare, after consul- tation with all officials having the power of appoint- ment, and submit to the personnel and employment prac- tices commission a plan of classification and grading, containing job descriptions, for all positions in the classified service according to similarity of authority, duties and responsibilities. The personnel and employ- ment practices commission shall hold a public hearing thereon, at least ten days' notice of which shall be given by publication in a daily newspaper of general circulation published in in city, and within thirty days after the submission of the plan by the manager of 341 personnel management, it shall reject or adopt the same with or without modifications. Changes in the classification plan may thereafter be recommended from time to time by any appropriate city official and shall take effect when approved by the commission. The class titles set forth in the current 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 any appropriate city official and established in the current classification plan. Sec. 10. 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 satis- factory service ratings. Each such range shall be determined with due regard to the salary ranges for other classes and to the relative difficulty and responsi- bility of characteristic duties of positions in the class, the minimum qualifications required, the prevail- ing 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 manage- ment 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 con- sideration. The council shall adopt the same by ordi- nance 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 ser- vice but shall act in fixing the salaries of members of the classified service only by amendment of the pay plan. Sec. 11. The administration's prerogatives. Nothing contained in this chapter shall circum- scribe or modify the obligation and responsibility of the city council or its designees from effectively and efficiently running the city's business. Therefore, the following rights shall not be abrogated, provided, however, that none of these rights may be exercised by the administration in an arbitrary or capricious manner: (a) Direct the work of its employees; (b) Hire, promote, transfer, assign and retain employees in positions within the city administration; (c) Demote, dismiss, discipline or suspend for not more than ten (10) days in any three month period employees for proper cause; (d) Relieve employees from duties because of lack of work or lack of funds or for other legitimate reasons; (e) Increase the efficiency of local governmental operations; (f) Determine the methods, means and personnel by which operations are to be carried on; (g) Take actions as may be necessary to carry out the duties of the City administration in emergencies; (h) To implement council established policies by issuing, revising and cancelling rules, regulations and procedures necessary to carry out such policies and all other managerial functions entrusted and conferred upon the city administration by law. Sec. 12. Status of present employees. Ail 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. All other regular officials and employees of the city at the effective date of this chapter shall retain such position and receive the salary they have been receiving. 342 Sec. 13. Prohibited practices. 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 personnel provisions or of the rules made thereunder. No offi- cial or employee in the classified service of the city shall continue in such position after being elected to any public office. No 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 pro- posed promotion. Electioneering in any city office, building or premises during working hours applicable thereto is hereby prohibited. Any person who by him- self or with others willfully or corruptly violates any of the provisions of this section shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine or not more than five hundred dol- lars or by imprisonment for a term not exceeding six months or by both fine and imprisonment. 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, immedi- ately forfeit the office or position he holds. Sec. 14. 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. Sec. 15. Grievability. Equal employment opportunity claims and all matters arising out of and relating to the application of employment policy, rule or regulation duly promulgated by legislative or administrative authority shall be grie- vable; provided, however, no such policy, rule or regulation having been duly promulgated by either the council or the commission as provided in section 3, chap- ter 13.2 of this title shall be the subject of a grie- vance. Sec. 16. Applicability. The provisions of this chapter and chapter 13.2 are applicable to all classified city employees whose employer-manager is directly responsible to city council viz: city attorney, city clerk, city manager, city registrar, director of finance, municipal auditor and real estate assessor. These provisions may be made applicable to the employees of the constitutional officers and courts at the discretion of the appropriate administra- tor by each such administrator formally requesting city council to authorize the application of these provisions to such office or court personnel. Sec. 17. Private automobile allowance. Except where a specific, lump sum, periodic allowance is made therefor, the mileage travel allow- ance paid to officers and employees of the city who may be authorized to use and who shall use their own pri- vately owned passenger automobile for travel or trans- portation 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. 343 Sec. 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 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 lia- bility 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. CHAPTER 13.2. PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION Sec. 1. Personnel and employment practices commission - establishment and composition. There is hereby created and established a per- sonnel 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 minority group members and at least two members from the classified service of the city. All 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/administra- tors. No constitutional, court or council appointed officer shall be eligible for appointment to the commis- sion. 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 prac- tices commission, through the personnel management department, 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. Same - organization. (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 commis- sion 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 34:4 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. Same - responsibilities and duties. It shall be the duty of the full personnel and employment practices commission: (a) To adopt and amend 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 fur- therance of such duty to consider and promulgate, either such rules as may from time to time be suggested or recommended through the personnel-management department, or as the commission shall consider neces- sary, to carry out the provisions of.this chapter with respect to persons in the classified service. The commission shall cause to be published at least once in a daily newspaper of general circulation published in the city a notice of the time and place of a public hearing to be held on proposed rules, to take place not less than five days after the publication of such notice. Thereafter the commission shall reject or adopt the proposed rules with such modifications as it may deem advisable. Amendments to the rules may be adopted from time to time after public hearings as above provided. The rules and amendments thereof so adopted shall have, to the extent that they are con- sistent with the terms of the Constitution, the city charter and the statutes of the Commonwealth of Virginia, the force of law. 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 employ- ment; transfers of employees within the classification plan; hours of work; overtime pay; the order and manner in which i~y~ffs sn~ii b~ ~ffecte~; ~rievance~hearings and appeals from orders of suspension or removal or other disciplinary action; 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 at least annually a report of its findings to the council. Sec. 4. Same - Panel responsibilities and duties. Upon the division of the commission into panels as provided in section 2 of this chapter, each panel shall have the responsibility and duty: (a) to hear and equitably decide 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 or regulations. (b) To hear and render final decisions on grievances, and equal employment opportunity claims relating to any action pertaining to the application of rules, practices and procedures concerning the employment relationship duly promulgated by the council or the commission pursuant to section 3 of this chapter, and from any disciplinary action suspending or reducing in rank or pay any officer or employee in the classified service of the city. (c) To hear appeals from any action pertaining to the dismissal or removal of any officer or employee in the classified service and report its findings and recommendations thereon to the appropriate council appointed officer for final disposition. (d) 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 deter- mine. 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. 345 (e) 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 contribution. (2) The panel may ask, at the beginning of the hearing, for statements from the administration and the grievant (or their respective representatives) clari- fying the issues involved. (3) Exhibits, when offered by the grievant or the administration, may be received in evidence by the panel and, when so received, shall be marked and made part of the record. (4) The grievant and the administration, or their respective representatives, shall present their claims, proofs, and witnesses who shall submit to questions or other examination. 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. (5) The parties shall produce such additional evidence as the panel may deem necessary to an under- standing and determination of the grievance. The legal advisor, upon request of a panel member, shall be the judge of admissibility of the evidence offered. All evidence shall be taken in the presence of the panel and of the parties. (6) 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. (7) The decision of the panel shall be arrived at by a majority vote. (8) The hearing may be reopened by the panel on its own motion or upon application of the grievant or the administration for good cause shown at any time before the decision is made. (9) 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. A panel member who dissents from the majority decision may file a written dissenting opinion. Sec. 5. 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 employ- ment 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 restraint, interference, discrimi- nation 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. Sec. 6. 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 de- cisions he shall be subject to administrative disci- plinary 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. 346 BE IT FURTHER ORDAINED that an emergency exists and that 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 13th day of December, 1976. No. 23410. AN ORDINANCE amending subsection (b) of Sec. 11. Chapter 3, Title II of the Code of the City of Roanoke, 1956, as amended, relating to certain legal holidays; and providing for an emergency. WHEREAS, the City Manager has recommended the following amendment to the Code of the City of Roanoke so as to provide, in addition, that when New Year's day falls on a Saturday the following Monday be observed as a holiday by the officers and employees of the City; in which recommendation the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that subsection (b) of Sec. 11. Office hours and holidays., of Chapter 3, Officers and Employees Generally., of Title II. Administration., of the Code of the City of Roanoke, 1956, as amended, providing for the observance of certain legal holidays, be amended and reordained so as to read and provide as follows: (b) New Year's Day, the third Monday in February (Washington's Birthday), the last Monday in May (Memorial Day), the Fourth Day of July, Labor Day, Thanksgiving Day and Friday following Thanksgiving Day, and Christmas Day shall be observed as legal holidays, and whenever any of said days shall fall on a Sunday, the Monday next following shall be observed as a legal holiday, for all departments of the city except as may be otherwise provided by law, and except as to members of the fire department, and subject to the aforesaid exceptions, when Christmas or New Year's Day falls on a Saturday, the Monday next following shall be observed, to the extent abovementioned, as a legal holiday. Except as otherwise provided by law and the provisions of paragraph (d) of this section, each Sunday shall be observed as a day of rest. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall be in effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1976. No. 23411. A RESOLUTION changing the dates of two regular weekly meetings of the Council of the City of Roanoke. WHEREAS, in order to facilitate the celebration of the forthcoming Christmas and New Year season by the citizens and employees of the City, the Council desires to reschedule the regular meetings of the Council otherwise scheduled to be held on December 27, 1976, and January 3, 1977. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the regular meetings of the Council otherwise scheduled to be held on December 27, 1976, at 2:00 o'clock, p.m., and on January 3, 1977, at 2:00 o'clock p.m., be and said meetings are hereby changed so that the regular weekly meeting of the City Council for the week of December 26, 1976, be held, instead, on the 28th day of December, 1976, at 2:00 o'clock p.m., and so that the regular meeting of the City Council for the week of January 2, 1977, be held, instead, on January 4, 1977, at 2:00 o'clock, p.m., each in the Council Chambers on the Fourth Floor of the Municipal Building. BE IT FURTHER RESOLVED that the City Clerk give due publicity to the aforesaid by causing a copy of this resolution to be published once a week for two consecutive weeks in a newspaper published in the City of Roanoke, the first publication to appear within ten days following adoption of this resolution. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1976. No. 23414. A RESOLUTION declining a proposal made to the Council that the City dispose of its Falling Creek and Beaver Dam water supplies and facilities. WHEREAS, request was made to the City of Roanoke by letter addressed to its Mayor under date of July 6, 1976 that said City consider the sale of its Falling Creek and Beaver Dam water supplies and facilities to the Town of Vinton which, with the City of Roanoke, has for many years been a user of the water collected from those supplies; and, as suggested in said letter, this Council referred the proposal to its Water Resources Committee; and WHEREAS, the proposal and variations of the proposal having been discussed and maturely considered in meetings held with officials of the Town of Vinton and in conferences with the City's technical advisors, this Council is of firm opinion that the supply of water from the City's Falling Creek and Beaver Dam watershed properties and all of the existing facilities used in connection therewit] are and will continue to be needed and used by the City of Roanoke and its inhabi- tants in the operation of the City's integrated water system, and cannot be separate therefrom or disposed of. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the proposal made that the Council consider and negotiate on terms for the sale or lease of said City's Falling Creek and Beaver Dam water supplies and facilities be, and such proposal is hereby respectfully declined; nevertheless, the City of Roanoke will continue to make available to the Town of Vinton from the surplus supplies of water from Beaver Dam and Falling Creek and, as necessary, its surplus supply of water from its various other water sources; potable water sufficient for the needs of the present Town of Vinton and its inhabitants; and that the cost of water so supplied said Town of Vinton is and will continue to be a matter oper for discus- sion and for reasonable determination between said two parties. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy hereof to the Honorable G. W. Nicks, Mayor of the Town of Vinton. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23348. 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. 103, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have three lots located on Woods Avenue, known as Lots 7, 8 and 9, Block 14, Exchange Building & Investment Company and also being identified as Official Tax Nos. 1030907, 1030908 and 1030909, respectively, rezoned from RG-2, General Resi- dential District, to C-l, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RG-2, General Residential District, to C-l, 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 d WHEREAS, the hearing as provided for in said notice was held on the 8th day of November, 1976, 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. 103 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on Woods Avenue described as Lots 7, 8 and 9, Block 14, Exchange Building & Investment Company, designated on Sheet No. 103 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 1030907, 1030908, and 1030909, respectively, be, and they hereby are, changed from RG-2, General Residential District, to C-l, Office and Institutional District, and that Sheet No. 103 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23349. AN ORDINANCE permanently vacating, discontinuing and closing a portion of the alleyway extending in a westerly direction between Block 14, Exchange Building & Investment Company Map and Block 1, Janette Land Company Map from its intersection with Franklin Road as is more particularly described hereinafter. WHEREAS, John E. Gardner, Jr., has heretofore filed his application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close a portion of the aforesaid alleyway, which is more particularly described hereinafter; and WHEREAS, John E. Gardner, Jr., did on August 20, 1976, duly and legally publish a notice of his application to the Council by posting a copy of the notice on the front door of the Courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), all of which is verified by affi- davit 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 said application and the provisions of Section 15.1-364 of the Code of Virginia, as amended, Council by resolution No. 23211, dated August 30, 1976, referred the 36'0 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 October 7, 1976, recommended that the hereinafter described alley portion be closed on the condition that a substitute route be dedicated to the City connecting the portion of the above-described alleyway remaining open after the closing of the hereinafter described portion thereof with Woods Avenue, S. W.; and WHEREAS, the applicant has agreed to dedicate and improve, at his expense, such substitute access route providing access to the portion of the hereinafter described alley to remain open to and from Woods Avenue, S. W.; and WHEREAS, Council by resolution No. 23211, dated August 30, 1976, also appointed viewers to view said alley portion and to report in writing whether or not in their opinion any inconvenience would result from formally vacating, discontinuing and closing said portion of the alley; and WHEREAS, said viewers having been informed of the agreement by the applicant to dedicate and improve said substitute access to and from the portion of the alley remaining open to and from Woods Avenue, S. W., have determined that in their opinion no inconvenience would result either to any individual or to the public from so vacating, discontinuing and closing permanently said portion of the alleyway, as is shown in the written report of viewers dated November 1, 1976, and filed with the City Clerk on November 3, 1976; and WHEREAS, a public hearing was held on said application before the Council at its regular monthly meeting on November 8, 1976, at 7:30 p.m., 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 closing of the hereinafter described alley portion have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said alley portion, as requested by John E. Gardner, Jr., and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the portion of the alleyway extending in a westerly direction between Block 14, Exchange Building & Investment Company Map and Block 1, Janette Land Company Map from its intersection with Franklin Road, situate in the City of Roanoke, Virginia, described as follows: BEGINNING at a point on the westerly line of Franklin Road, S. W., said point of Beginning being 132.13 feet in a southerly direction measured along the westerly line of Franklin Road from its intersection with the southerly line of Woods Avenue, S. W.; thence leaving Franklin Road and with the southerly lines of Lots 13, 12 and 11, Block 14, Exchange Building & Investment Company Map, S. 81 deg. 53' 50" W. 114.60 feet to a point at the southwesterly corner of Lot 11, Block 14, according to the aforesaid map; thence with the southerly lines of Lots 10 and 9, Block 14, according to the aforesaid map, S. 82 deg. 25' 58" W. 83.93 feet to a point; thence with a curve to the right, which curve is defined as having an angle of 41 deg. 37' 16", a radius of 40 feet, a tangent of 15.20 feet, an arc of 29.06 feet, a chord bearing of N. 351 aforesaid map, N. 82 deg. 22' 19" E. 18.26 feet to a point, said point being the northeasterly corner of the aforesaid Lot 5; thence with the northerly lines of Lots 4, 3, 2 and 1, Block 1, according to the aforesaid map, N. 82 deg. 22' 19" E. 200.80 feet to a point on the westerly line of Franklin Road; thence with the westerly line of Franklin Road, N. 06 deg. 54' 59" E. 15.79 feet to the PLACE OF BEGINNING; as shown on Plat showing re-subdivision property of John E. Gardner, Jr., dated made by Buford T. Lumsden & Associates, P.C., Certified Land Surveyors, a copy of which is attached hereto and made a part hereof. be, and it hereby is, permanently vacated, discontinued and closed upon the express condition that the applicant dedicate to the City of Roanoke a substitute access connecting the portion of the alleyway remaining open with Woods Avenue, S. W., said dedication to be made by the recordation of a subdivision plat showing the location of the substitute access way, the location of which is to be as shown on the preliminary subdivision plat attached hereto; 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 across said alley portion, 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 portion of any such muni- cipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on said alley portion on all maps and plats on file in his office on which said portion is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books in his office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of John E. Gardner, Jr., and the name of any other party in interest who may so request, as Grantee. ATTEST: City Clerk APPROVED Mayor 352 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23399. AN ORDINANCE permanently vacating, abandoning and discontinuing and closing that portion of Connecticut Avenue beginning at the wes%erly street line of Sixth Street, N. E., and proceeding in a westerly direction to dead end as shown on map of Deanwood Terrace running between Block 26 and Block 33 of Deanwood Terrace, such street being an unopened portion of Connecticut Avenue, N. E., 50 feet wide, located in the City of Roanoke, pursuant to the provisions of Section 15.1-364 of the Code of Virginia, 1950, as amended. WHEREAS, Southwest Virginia Community Development Fund and William Watts heretofore at the Council meeting held October 25, 1976, made written application before the Council of the City of Roanoke requesting the Council to permanently discontinue, close and vacate that portion of Connecticut Avenue herein described, notice of the intended application having been duly posted according to law at the Courthouse and at two other public places in the City of Roanoke ten (10) days prior to the Council's consideration of said application; and WHEREAS, in accordance with the prayer contained in said application, Resolution No. 23303 was adopted by the City Council on the 25th day of October, 1976, pursuant to which viewers were appointed to view said street and to report in writing what inconvenience, if any, would result from permanently vacating, discontinuing and closing the portion of Connecticut Avenue described in said application and this ordinance; and the issues raised by said application were referred by the Council to the Planning Commission of the City of Roanoke for the Commission's study of said request and for recommendations and report thereon; and WHEREAS, it appears from the written report of the viewers dated November 12, 1976, and duly acknowledged and filed with the City Clerk, together with the oath taken by said viewers that no inconvenience would result, either to any individual or to the public, from permanently vacating, closing and discontinu- ing the street in question, to which report no exceptions have been filed; and WHEREAS, the Roanoke City Planning Commission, by letter dated November 22, 1976, directed to the Mayor of the City of Roanoke and to the members of City Council has recommended to the City Council that the request contained in the aforesaid application be granted; and WHEREAS, after newspaper publication on November 26, 1976, as by statute provided, a public hearing was held before the Council on the 13th day of December,. 1976, at which hearing all interested parties and citizens were afforded an opportunity to be heard on the question of the proposed closing of the said street described in the application and in said publication; and WHEREAS, upon consideration of the matter and it being made to appear to the Council that all of the lots and land abutting that section of Connecticut Avenue, N. E., proposed to be closed are owned by William Watts or Southwest Virginia Community Development Fund and that there are not other land proprietors along said street affected by the closing, the Council is of opinion that no 353 inconvenience will result to any owner or to the public from permanently vacating, discontinuing and closing that portion of Connecticut Avenue, N. E. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following described portion of Connecticut Avenue, N. E., located in the City of Roanoke, and more particularly described as follows, viz: Being that portion of Connecticut Avenue, N. E., beginning at the westerly street line of Sixth Street, N. E., (formerly Wenonah Street) and extending in a westerly direction approximately 310 feet to its dead end as the same is shown on map of Deanwood Terrace and lying between Block 26 and Block 33 of Deanwood Terrace, such street being an unopened portion of Connecticut Avenue, N. E., 50 feet wide, and being shown on Sheet 304 of the City of Roanoke Tax Appraisal Map. be closed and the same hereby is permanently VACATED, DISCONTINUED and CLOSED, and that all right, title and interest of the public in and to the same be, and hereb is released insofar as the Council of the City of Roanoke is empowered so to do, reserving, however, to the City of Roanoke a perpetual easement for any existing sewer lines or water mains or other public utilities that may now be located in aforesaid street, together with the right of ingress and egress for the mainte- nance of such lines, mains or utilities. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby, directed to mark "Permanently Vacated" on those portions of said former street as is hereinabove described, on all maps and plats on file in his office on which the said street is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk of said Court record this ordinance, as required by law, in the deed books in his office, indexing the same in the name of the City of Roanoke, as grantor, and in the name of Southwest Virginia Community Development Fund and William Watts, as grantee, all such notations and recordings to be at the expense of Southwest Virginia Community Development Fund and William Watts, the aforesaid applicants. ATTEST: City Clerk APPROVED Mayor 354 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23400. AN ORDINANCE permanently vacating, discontinuing and closing certain portions of three alleyways located to the east of Moorman Road, between Loudon Avenue, N. W., and Centre Avenue, N. W., as are more particularly described here- inafter. WHEREAS, Wometco Coca-Cola Bottling Company of Roanoke, Inc. has hereto- fore filed its application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close certain alley portions which are more particularly described hereinafter; and WHEREAS, Wometco Coca-Cola Bottling Company of Roanoke, Inc., did on October 21, 1976, 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 said applica- tion and the provisions of Section 15.1-364 of the Code of Virginia, as amended, Council by resolution No. 23337, dated November 1, 1976, 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 portions; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk on November 29, 1976, that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said alley portions; and WHEREAS, Council at its meeting on November 1, 1976, by the aforesaid Ordinance, also referred the application to the City Planning Commission for study and recommendations; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned and having a hearing at its regular meeting on November 17, 1976, recommended that the hereinafter described alley portions be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on December 13, 1976, at 7:30 p.m., 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 closing of the hereinafter described alley portions have been properly notified; and 355 WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public for permanently vacating, discontinuing and closing said alley portions, as requested by Wometco Coca-Cola Bottling Company of Roanoke, Inc., and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginis that those certain portions of three alleyways, located to the east of Moorman Road between Loudon Avenue, N. W. and Centre Avenue, N. W., situate in the City of Roanoke, Virginia, described as follows: BEGINNING at the point of intersection of the easterly line of Moorman Road, N. W. with the southerly line of the 1st. alley, north of Centre Avenue, N. W.; thence with the easterly line of Moorman Road, crossing the end of the alley N. 27 deg. 50' 02" W. 14.10 feet to a point, thence with the north line of the alley S. 71 deg. 32' 21" E. 125.45 feet to the corner of another alley; thence with the westerly line of same N. 17 deg. 07' 39" E. 40.50 feet to an angle point in said alley; thence with the southerly line of the alley N. 71 deg. 32' 21" W. 166.87 feet to a point on the easterly line of Moorman Road; thence with the easterly line of Moorman Road crossing the end of the alley N. 27 deg. 50' 02" W. 11.72 feet to a point; thence leaving Moorman Road and with the northerly line of said alley N. 87 deg. 40' E. 4.64 feet to an angle point; thence S. 71 deg. 32' 21" E. 75.00 feet with the southerly line of the property of James R. Fuller and Wife and Cora Calloway Wilson, to a point, a corner to the property conveyed to Wometco Coca- Cola Bottling Company of Roanoke, Inc., by Eppa Claude Pace, Jr.; thence with the same and the northerly line of the alley S. 71 deg. 32' 21" E. 12.00 ~eet to an angle point; thence S. 71 deg. 48' 35" E. 36.00 feet to an angle point; thence leaving the Pace tract and with other property of Wometco Coca-Cola Bottling Company of Roanoke, Inc., and with the northerly line of the alley S. 71 deg. 32' 21" E. 49.77 feet to an angle point; thence S. 72 deg. 20' 21" E. 8.00 feet to an angle point; thence with the easterly line of the alley S. 17 deg. 07' 39" W. 50.53 feet to the corner of the alleys; thence S. 72 deg. 20' 21" E. 57.55 feet to the corner of the property of Wometco Coca-Cola Bottling Company of Roanoke, Inc.; thence crossing the alley S. 18 deg. 03' 30" W. 10.79 feet to a point on the south side of the alley, corner to property of Wometco Coca-Cola Bottling Company of Roanoke, Inc.; thence with the southerly line of the alley the following three bearings and distances: N. 69 deg. 06' 48" W. 18.97 feet; N. 72 deg. 20' 48" W. 38.60 feet and N. 71 deg. 32' 48" W. 168.71 feet to the point of BEGINNING as shown by plat prepared by Buford T. Lumsden & Associates, P. C., Certified Land Surveyors, Roanoke, Virginia, dated October 14, 1976, a copy of which has been filed in the office of the Clerk of the City of Roanoke, Virginia. be, and they hereby are, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and it hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving, however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities that may now be located in or across said alley portions, 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 portions of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on said alley portions on all maps and plat~ on file in his office on which said alley portions are shown, referring to the 356 book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Wometco Coca-Cola Bottling Company of Roanoke, Inc., and the name of any other party in interest who may so request, as Grantee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23401. AN ORDINANCE permanently vacating, discontinuing and closing a portion of Warwick Street, S. W., and an adjoining alley. WHEREAS, Watson Funeral Supply, Inc., on the 4th day of October, 1976, made application in writing to the Council of the City of Roanoke, Virginia, requesting said Council to permanently vacate, ~iscontinue and close a portion of Warwick Street, S. W., and an adjoining alley more particularly described herein- after, after posting notice of the intended application at the Courthouse of the Circuit Court for the City of Roanoke, Virginia, and two other public places in said City more than ten (10) days prior to October 4, 1976, as required by law; and WHEREAS, as requested in said application, said Council did on October 4, 1976, appoint five viewers to view said portion of Warwick Street, S. W., and the adjoining alley and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same; and WHEREAS, it appears from the report of said viewers dated October 19, 1976, and filed with the City Clerk, that no inconvenience would result from dis- continuing the same; and WHEREAS, Council at its meeting October 4, 1976, referred said applicatio to the City Planning Commission, which Commission, after due notice to the public, held a public meeting on the 3rd day of November, 1976, and by a report dated November 16, 1976, duly filed with Council, recommended that the application to vacate, discontinue and close said portion of Warwick Street, S. W., and the adjoining alley be approved; and WHEREAS, a public hearing was held before Council at its meeting on the 13th day of December, 1976, after due and timely notice thereof was published in the 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 357 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 said portion of Warwick Street, S. W., and the adjoining alley, as applied for, and that said portion of Warwick Street, S. W., and said alley should be permanently closed as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that a portion of Warwick Street, S. W., and an adjoining alley more particularly hereinafter described be, and they are hereby, vacated, discontinued and closed, and that all right, title and interest of the public in and to the same be, and it is hereby, released and terminated insofar as the Council of the City of Roanoke is empowered so to do. The said portion of Warwick Street, S. W., and the adjoining alley vacated, discontinued and closed are shown on the Map of Section 1, Mountain View Terrace, and the Map of Section 3, Roanoke Development Corporation and are more particularly described as follows: BEGINNING at the intersection of the South line of Buford Avenue, S. W., and the east line of Warwick Street, S. W., being the northernmost corner of Lot 1, Block 21, as shown on plat of Section 3 of Roanoke Development Corporation of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in plat Book 1, page 61; thence with the east line of Warwick Street, S. W., S. 21 deg. 16' W. 100 feet to a point on the westernmost corner of said lot and the northerly line of a 20 foot alley; thence with the northerly line of said 20 foot alley and the southerly line of Lots 1, 2, 3, 4, and 5, Block 21, Section 3, Roanoke Development Corporation, S. 68 deg. 44' E. 125 feet to a point at the southeasternmost corner of Lot 5; thence S. 21 deg. 16' W. 20 feet to a point on the southerly line of said 20 foot alley at the common boundary of Lot 48, and a 1.10 acre tract as shown on the Map of Section 1, Mountain View Terrace Addition; thence with the southerly line of said 20 foot alley and the northerly line of the 1.10 acre tract N. 68 deg. 44' W. 375.0 feet to a point at the northernmost corner of the 1.10 acre tract; thence N. 21 deg. 16' E. 20 feet to a point on the northerly line of said 20 foot alley and the southerly line of Lot 8, Block 20, Section 3, Roanoke Development Corporation; thence with a portion of the southerly line of Lot 8, and the southerly lines of Lots 9 through 15, inclusive, Block 20, Section 3, Roanoke Development Corporation and the northerly line of said 20 foot alley S. 68 deg. 44' E. 187.50 feet more or less to the intersection of said alley with the west line of Warwick Street, S. W.; thence with the west line of Warwick Street, S. W., and the east line of Lot 15, N. 21 deg. 16' E. 100 feet to a point on the south line of Buford Avenue, S. W.; thence with the south line of Buford Avenue, S. W., S. 68 deg. 44' E. 60 feet to the place of BEGINNING. BEING all that portion of Warwick Street, S. W., lying to the south of Buford Avenue, S. W., and a segment of a 20 foot alley extending the length of the northerly line of a 1.10 acre tract shown on the map of Section 1, Mountain View Terrace Addition. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby, directed to mark "permanently vacated" on all maps on file in his office on which said portion of Warwick Street, S. W., and the adjoining alley are shown referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this Ordinance to be recorded as deeds are recorded and indexed in the name of the City of 358 Roanoke, at the expense of the applicant; and, if requested by any party in interest, said Clerk shall make, certify and deliver additional copies hereof. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23402. AN ORDINANCE to amend and reordain Sections 7, 8 and 26, 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 town houses may be constructed in RG-1 and RG-2 General Residential Districts, and C-1 Office and Institutional Districts, within the City as permitted uses. WHEREAS, the City Planning Commission, by report dated November 22, 1976, has recommended that Title XV., Chapter 4.1, the City's Zoning Ordinance, be amended to allow town houses as permitted principal uses in RG-1 and RG-2 General Residential Districts, an~ C-1 Office and Institutional Districts, within the City, in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 7, 8 and 26, of Chapter 4.1. Zoning, of Title XV. Construction, Alteratio~ and Use of Land, Buildings and Other Structures, of the Code of the City of Roanoke, 1956, as amended, be and such sections hereby are amended in the followin¢ respects: (1) That subheading entitled "Permitted principal uses and structures" of Sec. 7. RG-1 and RG-2 General Residential Districts, of Chapter 4.1, Zoning, of Title XV, of said code be amended and reordained, by the addition of subparagra~ number (3) which would allow town houses as a permitted principal use within the city; and that subheading entitled "Special exceptions after public notice and hearing by the board of zoning appeals", of said section, be amended and reordained by omitting town houses as a special exception thereof, as follows: Sec. 7. RG-1 and RG-2 General Residential Districts. Permitted principal uses and structures: 1. As for RS districts, and in addition: two- family and multiple-family dwellings, including high- rise apartments, subject to the provisions of section 24 of this chapter. 2. Transitional uses where the side of a lot in any RG district directly adjoins lots in C-i, C-2, C-3, C-4, IDM, LM or HM districts. See section 27 of this chapter. 3. Town houses, subject to the requirements of sec- tion 26 of the Supplementary Regulations. 359 Special exceptions after public notice and hearing by the board of zoning appeals: As for RS districts, and in addition: (1) Mobile home parks, subject to the requirements of Supplementary Regulations, section 19. (2) Fraternities, sororities and denominational student headquarters. (3) Personal service home occupations. (4) Non-profit institutional uses, the principal use being conducted within a completely enclosed building and not employing more than two paid employees nor requir- ing any new construction activity other than minor interior repair or modification; provided, however, that special exception approval shall not be transferable from one non- profit institutional use to another without public hearing and approval by the board of zoning appeals of any change in occupancy. (5) Art galleries; provided, that such structures conform with the general character of the area; and pro- vided, that at least one off-street parking space be pro- vided for each four hundred square feet of floor space in any such art gallery. (2) That subheading entitled "Special exceptions after public notice and hearing by the board of zoning appeals", of Sec. 8, C-1 Office and Institutiona~ District, of Chapter 4.1, Zoning, of Title XV, of said code, is hereby amended and reordained by omitting town houses as special exceptions thereof, as follows: Sec. 8. C-1 Office and Institutional District. Special exceptions after public notice and hearing by the board of zoning appeals: 1. Utilities, substations, as for RS districts. 2. High-rise apartments, subject to section 24 of this chapter. 3. Financial institutions, including banks. 4. Commercial or private parking lots, provided the following criteria are met or established: a. Site plan approval by the City Engineer as required in section 31 of this chapter. b. Appropriate screening as required to serve as a buffer between parking and other uses, particularly residential uses. c. All parking areas shall have a paved surface and be maintained with a paved surface. d. When lighting is required, such lighting for parking areas shall be provided with suitable shielding as set forth in a lighting plan by the applicant for a special exception. e. A demand for C-1 parking needs shall be shown by the applicant for a special exception. f. Any private parking lot located within a reason- able distance of a permitted C-1 Office and Institutional use may provide the parking required by such C-1 use. 5. Restaurants provided that such use: a. Is in conjunction with an office or profes- sional building. b. Does not occupy more than 10% of the total floor area of the structure. c. Is clearly incidental to the primary function of the structure and is oriented to trade generated as a direct result of the primary use of the building. d. Is not a drive-in restaurant. e. Has no external advertisement in excess of fifteen (15) square feet, flush with the building and non-illuminated. 6. Recording studios; provided, that such studios and appurtenant equipment: a. Have no electro-magnetic effect outside any such studio; and b. Be sound-proofed as to all other properties 360 (3) That Sec. 26. Town houses, of Chapter 4.1, Zoning, of Chapter XV, of said code, is hereby amended and reordained by the addition of a new second paragraph: Sec. 26. Town houses. For the purposes of this section, town houses are defined as single-family dwelling units constructed in a series or group including more than three units with some common walls. As such, they are a special type of single-family dwelling, to be excluded from certain regulations relating to single-family dwellings generally in this chapter, but subject to the requirements for single-family dwellings generally with respect to permitted principal and accessory uses and structures, prohibited uses and structures, height, number of off-street parking spaces and signs. Persons proposing to construct town houses within the city pursuant to the provisions of sections 7 and 8 of this chapter shall conform to provisions of section 31 of this chapter and shall submit detailed plans for review in conformity with the following provisions of this section. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of Decermber, 1~76. Mo. AN ORDINANCE approving and adopting a new Grievance Procedure promul- gated by the City's Personnel Board and approved by the City Manager; and fixing the effective date for proceedings thereunder. WHEREAS, the City Manager and the Personnel Board having made further report to the Council as to establishment of a revised grievance procedure and the Council having now considered both said reports, and having before it a procedure identified as "Complaint and Grievance Process - Revised 12-11-76, 12- 13-76, Final Copy", which it is advised incorporates and embodies all proposals made in the course of numerous hearings and discussions which have taken place and which have the full concurrence of the Personnel Board and the City Manager; and WHEREAS, it has been recommended that such new grievance procedure not become effective immediately because of pending matters under the prior procedure and in order that the Council have opportunity to create and constitute a new commission to effectively administer such new procedure, it being further recommend that the effective date of the new grievance procedure be made January 15, 1977, in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that this Council doth hereby approve and expressly adopt the grievance procedure read aloud before the City Council by the City Clerk December 13, 1976, and 361 entitled "Complaint and Grievance Process - Revised 12-11-76, 12-13-76, Final Copy", a copy of which is on file in the office of the City Clerk, the same to be and become effective from and after January 15, 1977. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23412. AN ORDINANCE permitting the construction of a tempered glass curtain wall overhang on a certain building on Official Tax No. 4011701 to encroach over the public sidewalk abutting said building on a portion of the south side of Church Avenue, S. E., between Jefferson Street, S. E., and First Street, S. E., and on the east side of Jefferson Street, S. E., between Church Avenue, S. E., and Luck Avenue, S. E., upon certain terms and conditions. WHEREAS, the occupant of the building located at 402 Jefferson Street, S. E., Official No. 4011701, has reques~e~ that it De permin~e~, in the remodeling of the front and side of the building located on said lot, to construct and maintain the encroachment hereinafter described over the public sidewalks abutting said property and, upon consideration of the request and pursuant to the authority vested in local governing bodies by Title 15.1-376 of the 1950 Code of Virginia, as amended, this Council is agreeable to said occupant's proposal and is willing to permit the encroachment over the public sidewalk areas hereinafter mentioned upon the terms and conditions herein contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be, and is hereby granted to Vinton Savings and Loan Association occupant of the building located at No. 402 Jefferson Street, S. E., in the City, on the south side of Church Avenue, S. E., between Jefferson Street, S. E., and First Street, S. E., and on the east side of Jefferson Street, S. E., between Church Avenue, S. E., and Luck Avenue, S. E., being further described as Official Tax No. 4011701, to construct and maintain an encroachment over the southerly twelve (12) inch portion of the public sidewalk abutting the aforesaid property on Church Avenue and over the easterly twelve (12) inch portion of the public sidewalk on Jefferson Street, the said encroachment to consist of a tempered glass curtain wall overhang to be installed on the front and side walls of the building located on said property but no part of which said overhang wall shall be less than nine feet two inches (9' 2") above the surface of the public sidewalks abutting said property, all such construction to be as is shown, generally, on those certain plans prepared by Joseph Griggs Associates, Inc., number 740, dated October 5, 1976, as revised under date of December 2, 1976, on 362 file in the Office of the City's Building Commissioner, to which plans reference is expressly made, and to be made with approved and permitted building materials properly constructed and safely maintained at the expense of said occupant or the property owner, their successors or assigns, in accordance with such of the City's building regulations and requirements as are applicable thereto; the maintenance of the aforesaid encroachment to be subject to the limitations contained in Title 15.1-376 of the 1950 Code of Virginia, abovementioned, and the permit herein granted to be revocable at the will of the City Council, and it to be agreed by said permittee and to be evidenced by its execution of an attested copy of this ordinance, that said permittee, its successors and assign, will indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to persons or property that may in any manner arised by reason of such encroachment. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until such time as a written permit shall have been issued by the City's Building Commissioner to the aforesaid occupant or its duly authorized contractor or representative, permitting the aforesaid construction, and until an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by authorized officials of said permittee and by the owner of said property and shall have been admitted to record, at the expense of said permittee, in the deed books in the Clerk's Office of the Circuit Court of the City of Roanoke. ACCEPTED and EXECUTED by the undersigned this , 1976: day of ATTEST: VINTON SAVINGS & LOAN ASSOCIATION Secretary President Frances Packette Todd, Owner (SEAL) (Certificate(s) of Acknowledgement) STATE OF VIRGINIA To-wit: I, , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that and , President and Secretary, respectively, of Vinton Savings and Loan Association, whose names as such are signed to the foregoing writing bearind date the day of , 1976, have this day personally appeared before me in my jurisdiction aforesaid and acknowl- edged the same. Given under my hand this day of , 1976: My Commission expires: Notary Public STATE OF VIRGINIA ) ) To-wit: ) I, , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Frances Packette Todd, Owner, whose name as such is signed to the foregoing writing bearing date the day of , 1976, has this day personally appeared before me in my jurisdiction aforesaid and acknowledged the same. Given under my hand this day of , 1976: My Commission expires: ATTEST: City Clerk Notary Public APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23413. AN ORDINANCE authorizing the City Manager to enter into necessary agreements to have appraisals made of certain properties shown on the City's Airport Master Plan, upon certain terms and conditions. WHEREAS, the City Manager, in a December 6, 1976, report to this Council, requested authority to have appraisals made from time to time of certain properties shown by the City's approved Airport Master Plan, dated September 1970 and approved and adopted by the Council on August 9, 1971, by Resolution No. 19813, which properties are and will be needed for the future development and expansion of Roanoke Municipal Airport, Woodrum Field; in which request the Council concurs, subject to the limitations herein contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to enter into necessary agreements, from time to time, to provide for appraisals to be made of those properties designated by the City Manager and shown on "The Master Plan for Roanoke Municipal Airport (Woodrum Field) Roanoke, Va." dated September 1970, as needed to be acquired by the City of Roanoke for development and expansion of said airport, each such agreement to be on form approved by the City Attorney and the appraisers with whom said agreements are entered into to be limited to the list of qualified appraisers on file in the Office of the City Clerk; the cost to the City of all such appraisal services to be within the limit of funds appropriated by the Council for that purpose. 363 364 BE IT FURTHER ORDAINED that the City Clerk is hereby directed to transmit an attested copy of this ordinance to the Chairman of the City's Airport Advisory Commission. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23415. A RESOLUTION requesting the 1977 General Assembly of Virginia to enact a certain amendment to the Roanoke Charter of 1952, as amended. WHEREAS, at a regular meeting of the Council held on December 28, 1976, at 2:00 o'clock p.m., in the Council Chambers in the Municipal Building, after due and proper publication of the notice of public hearing provided for in Section 15.1-835 of the 1950 Code of Virginia, as amended, which said notice contained, inter alia, an informative summary of the proposed amendment to the Roanoke Charter of 1952 hereinafter set out, a public hearing with respect to said proposed amendment was held before the City Council, at which time all citizens so desiring were afforded opportunity to be heard to determine if the citizens of the City desire that the City request the General Assembly to amend its existing Charter in the form and manner hereinafter set out and as provided in the aforesaid notice; and WHEREAS, upon conclusion of said public hearing and upon consideration of the proposed amendment to said Charter, the Council is of opinion that the 1977 General Assembly should be requested to amend said City's Charter in the further respect hereinafter provided, other amendments to said Charter having been requested by adoption of Resolution No. 23350 on November 8, 1976. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the General Assembly of Virginia be and is hereby requested at its 1977 Session to amend the Roanoke Charter of 1952, as presently amended, and, specifically, Section 8 thereof, in the following respect, by deleting from Section 8 the punctuation mark hereinafter shown stricken and by adding to said section the words shown underscored, viz: Section 8. Officers elective by council; rules~. The council shall elect a city manager, a city clerk, a director of finance, a municipal auditor, and a city attorney~, none of whom need be a resident of the city at the time of their election or during their tenure in such office. Unless herein otherwise specifically provided, the council shall also appoint the members of such boards and commissions as are hereafter provided for. All elections by the council shall be viva voce and the vote recorded in the journal of the council. The council may determine its own rules of procedure; may punish its members for misconduct and may compel the attendance of members in such manner and under such 365 penalties as may be prescribed by ordinance. It shall keep a journal of its proceedings. A majority of all of the members of the council shall constitute a quorum to do business, but a smaller number may adjourn from time to time. Upon a vacancy occurring in any such office the council shall elect a person to fill the unexpired portion of any term created by such vacancy; or, in the council's discretion, it may elect a person as an acting city manager, city clerk, director of finance, municipal auditor, or city attorney to hold such office for such lesser term and for such compensation as the council shall then determine; and any person so elected shall have, during the term for which he was elected, all of the authority and shall be charged with all of the duties and responsibilities of the office for which he was elected. an informative summary of the aforesaid proposed amendment having been published in the notice of public hearing heretofore mentioned. BE IT FURTHER RESOLVED that the City Clerk do forthwith and and as provided in Section 15.1-834 of the 1950 Code of Virginia, as amended, transmit to the members of the General Assembly of Virginia representing the City of Roanoke at the 1977 Session of said General Assembly two copies of a bill to amend the City's existing Charter in the respect hereinabove set out, for intro- duction as a bill in said General Assembly, prepared to be enacted as an emergency measure. APPROVED ATTEST: ~~_~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23416. AN ORDINANCE authorizing execution of an addendum to the City's contract dated April 9, 1974, with Randolph Frantz and John Chappelear, Architects, relating to architectural and other services in and about the construction of the Municipal Parking Garage facility, so as to provide for said architect's employment of certain full time on-site inspection services, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager, in report to the Council dated December 28, 1976, has requested authorization to execute an addendum to the City's contract hereinafter mentioned so as to provide full time on-site inspection services during the remainder of the construction phase of the City's new Municipal Parking Garage facility, in which request the Council concurs, sums sufficient to pay the additional costs having been appropriated by the Council for the purpose; and WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist so that this ordinance take effect upon its passage. 366 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, as contemplated and provided for in paragraph 3.2.6 of the City's contract dated April 9, 1974, with Randolph Frantz and John Chappelear, Architects, the City Manager be and is hereby authorized to execute on behalf of the City of Roanoke an addendum to said contract so as to provide, additionally, that said architects shall directly employ the full time services of a person as an on-site inspector for the remainder of the construction phase of the City's new Municipal Parking Garage facility, now under construction, the City to compensate said architects at the rate of $225.00 per week for such full time on-site inspection services so provided, but not to exceed 30 weeks nor more than $6,750.00, without prior approval of the Council, and the form of such addendum agreement to be approved by the City Attorney. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance take effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23417. AN ORDINANCE to amend and reordain Section #1539, "Nursing Home," of the 1976-77 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 #1539, "Nursing Home," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NURSING HOME #1539 Salaries and Wages (1) ............... $292,147.00 Fees for Professional Services (2) ... 32,550.00 Transfer (1) Net decrease $9,000.00 (2) Net increase-- 9,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23419. AN ORDINANCE authorizing the issuance of Change Order No. 1 to the City's contract dated May 11, 1976, with Branch and Associates, Incorporated, authorized by Ordinance No. 22892, for demolition of West End Elementary School located at 922 Campbell Avenue, S. W., by providing for an extension of the time for completion of the work provided in said contract; and providing for an emergency. WHEREAS, the City Manager, in report dated December 28, 1976, has recommended that the Council approve the issuance of a change order to the City's contract with Branch and Associates, Incorporated, dated May 11, 1976, to provide for a 64-day extension of the working time provided in said contract, without additional cost to the City, as set out in said change order, a copy of which is on file in the office of the City Clerk. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized and empowered to issue, for and on behalf of the City of Roanoke, Change Order No. 1 to the City's contract with Branch and Associates, Incorporated, to provide for a 64-day extension of the working time provided in said contract, as set out in the change order, at no additional cost to the City. BE IT FURTHER ORDAINED that an emergency exists, 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 28th day of December, 1976. No. 23420. 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; providing for the issuance of requisite purchase orders for such equipment; rejecting certain bids made to the City; and providing for an emergency. WHEREAS, on December 14, 1976, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the equipment hereinafter mentioned were received in the Office of the City's Manager of Purchasing and Materials Control and publicly opened before three members of a committee appointed for the purpose, and thereafter were tabulated and studied 36'7 368 by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the Council considering all of the same, has determined that the bids hereinafter accepted are the best bids meeting the City's specifications and are in the best interest of the City to accept, funds sufficient for purchasin( all of the same having been appropriated for the purpose. WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bids in writing of the following named bidders, made to the City and opened on December 14, 1976, 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 12-New "marked" police automo- biles, 1977 Model Plymouth Fury, Intermediate Class, four door, with bucket seats as quoted under Alternate B(1) at $5,374.19 ea. Fulton Motor Com- pany, Inc. $64,490.28 2 2-New "unmarked" police automo- biles, 1977 Model Police Fury, Intermediate Class, four door, with standard bench type seats as quoted under basic bid at $4,684.10 ea. Fulton Motor Com- pany, Inc. $ 9,368.20 3 4-New model automobiles, 1977 Model Dodge Aspen NL41, Compact Class, without air conditioning, for Human Services Department, with "Centari" or "Delux" paint as quoted under Alternate C at $3,836.00 ea. Dominion Dodge, Ltd. $15,344.00 1-New model automobile, 1977 Model Dodge Aspen NL41, Compact Class, with air conditioning and tinted glass as quoted under Alternate A, for Water Department, with "Centari" or "Delux" Paint as quoted under Alternate C. Dominion Dodge, Ltd. $ 4,222.65 1-New model automobile, 1977 Model Dodge Aspen NL41, Compact Class, with air conditioning and tinted glass as quoted under Alternate A, for Public Works Department, with "Centari" or "Delux" Paint as quoted under Alternate C. Dominion Dodge, Ltd. $ 4,222.65 1-New model automobile, 1977 Model Dodge Aspen NL41, Compact Class, with air conditioning and tinted glass as quoted under Alternate A, for Building Maintenance Department, with "Centari" or "Delux" Paint as quoted under Alternate C. Dominion Dodge, Ltd. $ 4,222.65 all of the aforesaid vehicles to be delivered to the City, f.o.b. Roanoke, in accordance with the City's general specifications and with the successful bidders' respective proposal and within the delivery times set out in said proposals; and the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue requisite purchase orders therefor, incorporating into said purchase orders the City's aforesaid general specifications, the terms of said bidders' proposals and the terms and provisions of this ordinance; the cost of said vehicles when delivered to be paid out of funds heretofore or contemporaneously being appropriated for the purpose. BE IT FURTHER ORDAINED that upon delivery to the City of each item of the' aforesaid vehicles and upon the City's acceptance of the same as being in accordanl with the bid accepted and purchase order awarded, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment of the aforesaid purchase prices to each said successful bidder, not to exceed the sums hereinabove set out. BE IT FURTHER ORDAINED that the other bids made to the City for furnishing said vehicular equipment, be REJECTED, the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor 369 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23421. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: PROGRAMS DEVELOPMENT #6810 Programs Development (1) ............... $25,216.39 PROGRAMS DEVELOPMENT 76-77 #6820 Programs Development 76-77 (2) .......... $40,994.84 Transfer (1) Net decrease ........ (2) Net increase ........ --$15,994.84 15,994.84 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 370 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23422. AN ORDINANCE to amend and reordain Section #0710, "Commonwealth's Attorney," of the 1976-77 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 #0710, "Commonwealth's Attorney," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY #0710 Travel and Education #230 (1) ............. $9,900.00 (1) Net decrease $422.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~t/~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23423. AN ORDINANCE providing for the construction of new storm drains in Fair- field Drive, Fallon Park, Miller Street and Shadeland Avenue in the City, upon certain terms and conditions, by accepting a certain bid made to the City; rejectin~ certain other bids; and providing for an emergency. WHEREAS, at the meeting of the Council held on December 13, 1976, after due and proper advertisement therefor, certain bids made to the City for the con- struction of new storm drains in Fairfield Drive, Fallon Park, Miller Street and Shadeland Avenue in the City, were opended and read before the Council, and, there- after, were referred to a committee to be studied and tabulated; and WHEREAS, the aforesaid Committee, in report made to the Council dated December 27, 1976, has advised that the bid made by J. P. Turner & Bros., Inc., is the lowest and best bid made for the performance of said work, and should be accepted, in which recommendation the Council concurs; and WHEREAS, there has been or is being appropriated a sum sufficient to pay the cost of the aforesaid improvements and, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. 371 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of J. P. Turner & Bros., Inc., for furnishing all necessary tools, labor and materials for constructing storm drains in Fairfield Drive, Fallon Park, Miller Street and Shadeland Avenue in the City, in full accordance with the City's plans and specifications made therefor, including addenda I and II, for the total sum of $34,003.95, cash, based upon unit prices, be and said proposal is hereby ACCEPTED; and the City Manager be, and is hereby authorized and directed to enter into contrac on behalf of the City with the aforesaid bidder providing for the construction of said new storm drains, such contract to incorporate the terms of said bidder's pro- posal, the City's plans and specifications, including addenda I and II, for said work and the terms of this ordinance, such contract to be upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED 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 each said bidder and to express to each said bidder the City's appreciation for the interest displayed in making such bid. BE IT FINALLY ORDAINED that, an emergency existing, 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 28th day of December, 1976. No. 23424. A RESOLUTION authorizing the razing of the Rockledge Inn building on Mill Mountain, recently heavily damaged by fire. WHEREAS, fire, occurring on the morning of October 15, 1976, heavily damaged the old frame and shingle building known as Rockledge Inn, located on the top of Mill Mountain in Mill Mountain Park and, because of the extent of such damage and the age and type of the structure, the City Manager, with reluctant agreement of the Board of Directors of Mill Mountain Playhouse, its occupant of some years, has recommended that repairs are impracticable and uneconomic, and that the remaining portions of the building should be razed; and WHEREAS, the Council having allowed sufficient time for assessment of the fire damage done to the building and the advisability of its repair and reconstruction, is of the opinion that no attempt should be made and no funds should be expended towards repairing the building, but that it should be razed. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to proceed immediately to cause the remaining portions of the former Rockledge Inn building on Mill Mountain, in Mill Mountain Park, to be razed and the site of said building to be made safe, 372 salvaging such of the fixtures or articles in or attached to said building as may, in his opinion, have actual or historic value to the City. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23427. A RESOLUTION concurring in an increase of the membership level of the Roanoke Consortium for Manpower Services. WHEREAS, it has been suggested to the Council of the City of Roanoke, said City being a participant in the Roanoke Consortium for Manpower Services, that the membership level of the Manpower Planning Council be increased from 25 members to 30 members, in which proposal this Body concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City and its governing body hereby give consent that the membership level of the Roanoke Consortium for Manpower Services, representing this and other political jurisdictions within the Fifth Planning District, be increased from 25 members to 30 members; and that attested copies of this resolution be transmitted by the City Clerk to the office of said Consortium. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23428. A RESOLUTION limiting, until further order of the Council, the number of permanent classified employees of the City. WHEREAS, in order to maintain a balanced budget for the City of Roanoke for Fiscal Year 1976-77, and in arriving at means to limit and control expenditures made for wages, salaries and compensation provided for the classified positions of employment under the City government, the Council has decided that the action herei] mentioned should be ordered. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, notwithstanding other provisions which may be contained in the City's pay plan or 373 job classification plan and in rules and procedures approved for implementing the same, the City Manager be and he is hereby directed to limit to not more than 1667 persons the number of permanent classified employees of the City who are to be com- pensated by appropriations of the Council under the aforesaid pay plan. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23429. A RESOLUTION expressing the intent of the Council to grant to The Church of God in Virginia a certain sanitary sewer easement across certain property of the City, upon certain terms and conditions; and repealing Resolution No. 22654 adopted January 12, 1976, relating to a grant of such easement. WHEREAS, The Church of God in Virginia has requested the City to grant to said church a sanitary sewer easement through City owned property at the City's Carvins Cove Filter Plant, adjoining property of said church; and WHEREAS, the Council heretofore passed Ordinance No. 22654 expressing its intent to grant an easement upon terms and conditions tkerein stated, which the Council now desires to change and modify as hereinafter provided; and WHEREAS, the City is willing to grant to said church an easement upon the terms and conditions hereinafter set forth, upon the City's receipt of an accurate property description delineating the length, width and course of such easement to be provided by the church, approved by the City Engineer. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it is the intention of the Council to authorize the Mayor and the City Clerk to execute and to seal and attest, respectively, a deed of easement to The Church of God in Virginia for a nominal consideration of one dollar upon receipt from said church of detailed information delineating and describing the length, width and course of such easement, the said deed of easement to be upon such form as hereafter approved by the City Attorney; provided that such easement shall be personal to said church and the use thereof and of the sewer line constructed therein shall be solely for the benefit of the abutting property of The Church of God in Virginia and its successor in title to said property; provided, further, that the church will so design and construct its sewer line as to provide sufficient capacity for up to 200,000 gallons per day of waste water from the City's filter plant and will provide a manhole at a point to be designated and approved by the City Engineer as a future connection point for the discharge of such waste water; provided, further, that the church will demand no payment and will impose no penalty or assessment on the City if the City shall elect in 374 the future to connect to the sewer line installed in said easement area; and provided, further, that the City reserves the right to require, at no cost to the City, the relocation of said easement and the sanitary sewer line constructed in said easement at such future time as it is determined by the City that the location of said easement and the sanitary sewer line located in said easement interfere with the future expansion of the City's Carvins Cove Filter Plant. BE IT FURTHER RESOLVED that Resolution No. 22654, adopted January 12, 1976, expressing certain intent of the Council, be and Resolution No. 22654 is hereby REPEALED; and that an attested copy of this resolution be forthwith forwarded to The Church of God in Virginia, or its attorney. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23430. AN ORDINANCE to amend and reordain Section #0101, "Council," of the 1976-77 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 #0101, "Council," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COUNCIL #0101 Other Services and Charges (1) ............ $21,100.00 (1) Net increase ...... $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 28th day of December, 1976. No. 23431. 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 for the continua- tion of juvenile outreach detention services in the Fifth Planning District. 375 WHEREAS, pursuant to prior authority of this Council, there have been filed on behalf of the City with the Division of Justice and Crime Prevention several applications for action grant awards of Federal funds pursuant to the Law Enforcement Assistance Act; and WHEREAS, the Division of Justice and Crime Prevention has awarded funds to the City pursuant to Grant No. 76-A3779 to provide for the continuation of juvenile outreach detention services in the Fifth Planning District, subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and WHEREAS, the City Manager recommends to the Council that Grant No. 76- A3779 be accepted upon such special conditions aforesaid, in which recommendation Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Byron E. Haner, 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. 76-A3779 for Federal funds in the amount of $26,151.00 through said Division, to be used, along with certain other local funds, to provide for juvenile outreach detention services in the Fifth Planning District; 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 28th day of December, 1976. No. 23432. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: 376 GRANT PROGRAMS FUND # 35 Programs Development #6810 (1) ............. $ Programs Development 76-77 #6820 (2) ....... (Revenue estimate increase $62,000.00) Outreach Detention 76-77 76-A3779 #7412 Salaries & Wages (3) ...... Utilities and Communications'i~i'~~ Travel and Education (5) ......... , ......... Materials and Supplies (6) ................. (Revenue estimate increase $101,475.92) 19,618.25 62,000.00 73,845.92 750.00 14,000.00 12,880.00 C.E.T.A. Administration #7701 Unobligated Funds #72015 (7) ............... 1,188,845.00 (Revenue estimate increase $1,188,845.00) (1) Net decrease (2) Net increase--- (3) Net increase (4) Net increase (5) Net increase (6) Net increase (7) Net increase $ 21,592.98 37,000.00 73,845.92 -- 750.00 -- 14,000.00 12,880.00 1,188,845.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1976. No. 23433. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL #1850 Sales Tax due County #814 (1) ........... $ 385,300.00 (Revenue estimate increase $385,300.00) MOTORIZED VEHICLE MAINTENANCE #1671 Other Services and Charges #200 (2) ..... 97,293.54 POLICE DEPARTMENT #1345 Other Services and Charges #200 (3) ..... 52,234.81 EDUCATION #1901 Instruction #651 (4) .................... 14,682,609.00 Combined Federal Programs #750 (5) ...... 1,634,256.90 (Revenue estimate increase $12,110.00) (1) Net increase (2) Net increase (3) Net increase (4) Net decrease (5) Net increase $385,300.00 9,293.54 17,000.00 4,750.00 16,860.00 377 BE IT FURTHER ORDAINED that, an emergency existing, 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 January, 1977. No. 23418. AN ORDINANCE amending Chapter 1.2. Uniform Statewide Building Code of Virginia, of Title XV. Construction, etc., of the Code of the City of Roanoke, 1956, as amended, by amending Sec. 2. Amendments, of said chapter and by the addition of a new section entitled Sec. 4. Penalty, to provide for certain administrative amendments to the Uniform Statewide Building Code of Virginia as adopted by reference; amending Sec. 18. Penalty, of Chapter 2. Electrical Code, of said Title XV, to provide for an increase in the penalty for a violation of the provisions of said Chapter 2; and amending Sec. 2. Amendments, of Chapter 3.2. BOCA Basic Plumbing Code, of said Title XV, to provide for certain administra- tive amendments to the BOCA Basic Plumbing Code as adopted by reference. WHEREAS, the City Manager, by report dated December 28, 1976, recommended to the Council that the City's building, electrical and plumbing codes, as set forth in the Code of the City of Roanoke, 1956, as amended, be amended in certain respects, in which recommendation this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 2. Amendments, of Chapter 1.2. Uniform Statewide'Building Code of Virginia, of Title XV. Construction, etc., of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to provide for certain amendments to the Uniform Statewide Building Code of Virginia, as adopted by reference by said Chapter 1.2, said amendments to read and provide as follows, to-wit: Section 102.0. Section 102.0 Ordinary Repairs is hereby amended and reordained to read and provide as follows: 102.1 General: Ordinary repairs to structures may be made without application or notice to the building official; but such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall ordinary repairs include addition to, alteration of, replace- ment or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety; nor shall ordinary repairs include the replacing, repairing or reroofing of 50% or more of the roof of any building or structure. Section 124.0. Section 124.0 Unsafe structures is hereby amended and reordained to read and provide as follows: 124.1 Right of condemnation: Ail buildings or structures constructed prior to the adoption of this code and all build- ings or structures that are or hereafter shall become unsafe, unsanitary or deficient in adequate exitway facilities, or which constitute a fire hazard, or are otherwise dangerous to 378 human life or the public welfare, or which by reason of illegal or improper use, occupancy or maintenance, shall be deemed unsafe buildings or structures. All unsafe buildings or structures shall be taken down and removed or made safe and secure, as the building official may deem necessary and as provided in this section. The expense of tearing down and destroying any such building or structure, or part thereof, and of the removal, if necessary, of the materials from the land, shall be charged to the person owning or in possession, charge or control of such building or structure, or part thereof, and the building commissioner shall recover, or cause to be recovered, for the city from such owner or person in possession, charge or control, the cost to the city of doing such work by some appropriate legal proceed- ing; and such cost shall be and remain a lien on the land upon which said building or structure is located until the same be paid. A vacant building, unguarded or open at door or window, shall be deemed a fire hazard and unsafe within the meaning of this code. 124.6 Disregard of unsafe notice: If any person served with an order of the building commissioner to make safe or secure, or remove, an unsafe building or structure should fail within the time required in such order to comply with the requirements of said order, the building commissioner may make complaint against such person for noncompliance under section 122 of this code, or in his discretion, said build- ing commissioner may cause the necessary work to be done to place the said building, structure, or part thereof, in a safe or secure condition, the cost to the city of such work to constitute a lien on the land upon which the building or structure is located and to be recovered from the owner or other person in possession, charge or control of such pro- perty. Section 309.0. Section 309.0 Street Encroachments is hereby amended and reordained to read and provide as follows: 309.6 Existing encroachments: Parts of existing buildings and structures and related uses to include sidewalk vaults, sidewalk doors and coal chutes, which already project beyond the street lot line or building line may be maintained as constructed until their removal is directed by the proper bui~in9 offici~. BE IT FURTHER ORDAINED that Chapter 1.2. Uniform Statewide Building Code of Virginia, of Title XV. Construction, etc., of the Code of the City of Roanoke, 1956, as amended, is hereby amended and reordained by the addition of a new section, Sec. 4, to read and provide as follows, to-wit: Sec. 4. Penalty. Any person, firm or corporation or agent, who shall vio- late any of the provisions of the Uniform Statewide Build- ing Code of Virginia as adopted by reference by this chapter, or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the building official, or his representative, or of a permit or certificate issued under the provisions of said code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars. Each day that a violation contin- ues shall be deemed a separate offense. BE IT FURTHER ORDAINED that Sec. 18. Penalty, of Chapter 2. Electrical Code, of Title XV. Construction, etc., of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows, to-wit: Sec. 18. Penalty. Any person, firm or corporation or agent who shall violate any of the provisions of this chapter, or shall fail to comply with any of the requirements thereof or who shall install any wiring in or about any building or structure in violation of an approved plan or direct- ive of the building official or the electrical inspector of a permit or certificate issued under the provisions of this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars. Each day that a violation continues shall be deemed a separate offense. 379 BE IT FURTHER ORDAINED that Sec. 2. Amendments, of Chapter 3.2. BOCA Basic Plumbing Code, of Title XV. Construction, etc., of the Code of the City of Roanoke, 1956, as amended, be amended to provide for certain amendments to the BOCA Basic Plumbing Code, as adopted by reference by said Chapter 3.2, said amendments to read and provide as follows, to-wit: Section P-113.0. Section P-113.0 Fees is hereby amended by the addition of a new subsection numbered P- 113.2 to read and provide as follows: P-113.2 Reinspection fees: For any reinspection required by the provisions of this code, there shall be charged an additional fee of three dollars, which fee shall be collected by the building official's office before the reinspection is made. Section P-117.0. Section P-117.0 Violation and penalties is hereby amended and reordained to read and provide as follows: P-117.1 Penalties for violations: Any person, firm or corporation or agent who shall violate any of the provisions of the BOCA Basic Plumbing Code as adopted by reference by this chapter, or shall fail to comply with any of the require- ments thereof or who shall install any plumbing work in or about any building or structure in violation of any approved plan or directive of the building official or the plumbing inspector or of a permit or certificate issued under the provisions of said code shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars. Each day that a violation continues shall be deemed a separate offense. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1977. No. 23425. AN ORDINANCE to amend and reordain Sec. 73.1. of Chapter 4.1. Zoning., of Title XV. Construction, Alteration and Use of Land, Buildings and Other Struc- tures., of the Code of the City of Roanoke, 1956, as amended, to provide for a certain charge for an appeal to the Board of Zoning Appeals. WHEREAS, the Board of Zoning Appeals of the City, by report dated December 17, 1976, has recommended that Title XV., Chapter 4.1., Sec 73.1 of the City's Zoning Ordinance be amended to increase to $30.00 the charge to be made for an appeal to the Board of Zoning Appeals, in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 73.1. Same - Amount and Collection., of Chapter 4.1. Zoning., of Title XV. Construction, Alteration and Use of Land, Buildings and Other Structures., of the Code of the City of Roanoke, 1956, as amended, be and such section is hereby amended to read and provide as follows: 380 ATTEST: Sec. 73.1. Same - Amount and collection. (a) For each particular matter hereinafter set out, the following fees shall be payable upon applica- tion, as follows: Appeal to the Board of Zoning Appeals .... $ Zoning Permit ................ Site Plan Review .............. Certificate of Zoning Compliance ....... 30.00 5.00 25.00 5.00 Amendments to the Zoning Map (1) (2) (3) (4) Rezoning to RS, RD or AG District .... 25.00 Rezoning to RG-1 or RG-2 ........ 150.00 + 10.00/acre Rezoning to C- Commercial District . . . 300.00 + 10.00/acre Rezoning to IDM, LM or HM District . . . 200.00 + 10.00/acre (b) The fees and charges hereinabove set out shall be collected by: (1) Zoning Appeals ...... Secretary of Board of Zoning Appeals (2) Zoning Permit, Site Plan Review and Certificate of Zoning Compliance. . . Office of Building Commissioner (3) Amendments .......... Office of the City Clerk City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1977. No. 23426. AN ORDINANCE authorizing the City Manager to enter into an agreement with Roanoke Memorial Hospitals for the construction and maintenance of bus shelters on City property, upon certain terms and conditions. WHEREAS, the City Manager, by report dated December 13, 1976, requested authority to enter into an agreement on behalf of the City with Roanoke Memorial Hospitals for the construction and maintenance of bus shelters on City property, in which request this Council concurred. THEREFORE, BE IT ORDAINED 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, to enter into an agreement, on form approved by the City Attorney, with Roanoke Memorial Hospitals to provide for the constructiOn and maintenance of bus shelters on City property in the vicinity of Roanoke Memorial Hospitals, located on Jefferson Street, S. W., in the City, as shown on plans drawn by Sherertz, Franklin and Shaffner, dated September 9, 1976, said agreement to provide for Roanoke Memorial Hosptials to maintain adequate liability insurance for said shelters and to include any other provisions deemed necessary by the city manager. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1977. No. 23434. A RESOLUTION recognizing JAMES NELMS KINCANON, ESQUIRE, for his long and dedicated service as an attorney for the City of Roanoke. WHEREAS, James Nelms Kincanon, City Attorney, has advised the Council that he will retire from the service of the City on January 5, 1976, and the Council desires to make special recognition of the services rendered by him as a legal representative of the City; and WHEREAS, coming into the service of the City on November 16, 1948, as an assistant city attorney and thereafter on May 5, 1965, having been elected by the City Council to the position of City Attorney, has discharged with signal ability, dedication and loyalty the responsibilities of his offices, his dedicated legal representation of the City and its agencies and commissions and the School Board of the City of Roanoke having taken him into the highest Courts of the Commonwealth and of the United States. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council adopts this means of recognizing with deep appreciation, the very meritorius, dedicated and loyal services rendered this City over the past twenty- eight years by JAMES NELMS KINCANON, as both an assistant city attorney and more recently City Attorney, and that it extends to him, its genuine wishes for continued success in such endeavors as he may pursue upon retirement from the service of the City. BE IT FURTHER RESOLVED that a copy of this resolution, appropriately framed, along with a Key to the City, be presented by the Mayor to JAMES NELMS KINCANON, ESQUIRE, along with the City's formal Certificate of Merit, signed by the Mayor and sealed by the City Clerk. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1977. No. 23435. AN ORDINANCE to amend and reordain Section #1855, "Transfers to Other Funds," of the 1976-77 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 #1855, "Transfers to Other Funds," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 381 382 TRANSFERS TO OTHER FUNDS #1855 CAPITAL PROJECTS FUND Bridge Lighting Account (1) .......... $ 15,918.12 South Jefferson Street Bridge Account (2) ......................... 576,207.55 Transfer (1) Net decrease (2) Net increase $4,085.20 4,085.20 BE IT FURTHER ORDAINED that, an emergency existing, 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 January, 1977. No. 23436. AN ORDINANCE authorizing execution of a work order to the Virginia Department of Highways and Transportation so as to provide for modification of certain street light poles for the new Jefferson Street bridge project; and providing for an emergency. WHEREAS, the City Manager, in report made to the Council dated January 4, 1977, has advised of the necessity to provide for an increase in height of approximately eight (8) signal poles being installed in connection with the Jefferson Street bridge project, to provide proper but additional street lighting for the project, it having been agreed between the City and the State that such additional lighting would be the responsibility of the City; and WHEREAS, sums sufficient to pay the $4,085.20 additional cost of the modification of the signal poles has been appropriated by the Council for the project and, for the usual daily operation of the municipal government, an emergency is deemed to exist in order that the work order hereinafter provided be executed so as not to delay said project. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and is hereby authorized and directed to execute as Work Order No. 4 to the Commonwealth of Virginia, Department of Highways and Transpor- tation, for Project U000-128-106, PE-101, RW-201, C-501, B-606, B-607, to provide that approximately eight (8) signal poles be changed from 28 feet in height to 32 feet in height and street light brackets added at the intersection of Lake Street with Jefferson Street and Crystal Spring Avenue and intersection of Jeff- erson Street and Reserve Avenue, in order to accommodate certain street lights, at an additional cost to the City of $4,085.20, the same to be paid with funds transferred by the Council from the City's Bridge Lighting Capital Fund Account to its South Jefferson Street Bridge Capital Fund Account. 383 BE IT FURTHER ORDAINED that an emergency exists and that this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1977. No. 23437. AN ORDINANCE authorizing the employment of the professional services of certain engineers to provide all necessary engineering and design services and drawings and specifications for and providing supervision and inspection of and performing other related services in connection with a new high intensity runway lighting system for Runway 5 at Roanoke Municipal Airport, Woodrum Field, upon certain terms and provisions; and providing for an emergency. WHEREAS, the Council concurs with the City Manager's recommendation made on January 4, 1977, to proceed with the preparation of necessary plans, drawings and specifications for a new high intensity runway lighting system for Runway 5 at the municipal airport; and WHEREAS, Sowers, Rodes and Whitescarver, Engineers, of Roanoke, Virginia, have offered to agree to provide the professional engineering and design services, supervision and inspection and related services necessary to be rendered in and about provision of said improvements, and have tendered to the City their offer in writing to perform all of such services, said offer being in the form of a proposed written agreement made under date of December 10, 1976, on standard form OE.1, Copyright 1969, with certain modifications therein noted, and the original copy whereof is on file in the Office of the City Clerk; and WHEREAS, the Council, upon consideration of all such matters, deems it to the best interest of the City to engage the services of said engineers upon the terms herein provided and as to be set out in said tendered agreement; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the firm of Sowers, Rodes & Whitescarver, Engineers, of Roanoke, be, and is hereby employed as engineers to perform all necessary professional engineering and design services and to prepare all necessary plans, drawings and specification~ for a new high intensity lighting system for Runway 5 at Roanoke Municipal Airport and to assist in the drafting of a proposal and contract forms, and to perform all other related professional services in connection with such work at Roanoke Municipal Airport, Woodrum Field, said firm to be paid for its services a lump sum of $7,480.87, to be paid as provided in said written agreement dated December 12, 1976, and on file in the office of the City Clerk, with additional authorized services performed by said engineers to be compensated at a negotiated rate based on rates used to compute the aforesaid ]~]m~ ~m ~~ 384 BE IT FURTHER ORDAINED that the form of agreement proposed by said engineers dated December 10, 1976, on file in the office of the City Clerk, as aforesaid, is hereby generally approved, the contract, otherwise, to be on such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that the City Manager be, and is hereby authorized and directed, for and on behalf of the City, to execute the original and two (2) copies of the aforesaid written agreement above referred to, and the original of which shall be kept on file in the Office of the City Clerk. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1977. No. 23438. AN ORDINANCE amending Section P-113.0 of the BOCA Basic Plumbing Code as set forth in Sec. 2. Amendments, of Chapter 3.2. BOCA Basic Plumbing Code, of Title XV. Construction, etc., of the Code of the City of Roanoke, 1956, as amended, to provide that the increase in permit fees for 4-inch or 6-inch sewer connections shall not apply to the owner of any property against which an assessment is made for a sanitary sewer project which was authorized prior to July 23, 1976, and which required assessments from abutting landowners, and providing for an emergency WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist and that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section P-113.0, of the BOCA Basic Plumbing Code as set forth in Sec. 2. Amendments of Chapter 3.2. BOCA Basic Plumbing Code, of Title XV. Construction, etc., of the Code of the City of Roanoke, 1956, as amended, be amended and reordained, to read and provide as follows: Section P-113.1. Schedule of permit fees. (a) Permit fees: Sewer connection: 4 inch or 6 inch connection 8 inch connection 10 inch connection or larger Septic tanks Each plumbing fixture or floor drain: First 25 fixtures or floor drains Next 25 fixtures or floor drains All over 50 fixtures or floor drains Each house sewer Each water heater Each gas piping system of 1 to 4 outlets Each gas outlet over 4 $ 200.00 $ 500.00 $ 1,000.00 $ 10.00 $ 3.00 each $ 2.00 each $ 1.50 each $ 10.00 each $ 3.00 each $ 2.00 each outlet $ 1.00 each outlet 385 It is expressly provided that this increase in permit fees for 4-inch or 6-inch sewer connections shall not apply to the owner of any property against which an assessment is made for a sanitary sewer project which was authorized prior to July 23, 1976, and which required assessments from abutting landowners, and that the permit fees for 4-inch or 6-inch sewer connections to be charged said owners shall be those permit fees which were in effect at the time the sanitary sewer project was authorized. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1977. No. 23439. AN ORDINANCE authorizing the construction of a public sanitary sewer system to serve the Fairland Lake and Glenavon areas of the City, for which improvements assessments are to be made against the abutting landowners to be served by said sewer system; fixing the estimated amounts of the assessments to be made against said abutting landowners; providing for the collection and payment of said assessments; providing for the docketing of an abstract of this ordinance in the Clerk's Office of the Circuit Court of the City of Roanoke and of the individual assessments against each said abutting landowner; and providing for an emergency. WHEREAS, five members of a committee, viz., Messrs. Sam H. McGhee, Assistant City Manager, John H. Mitchell, Acting Director of Finance, J. D. Sink, Director of Public Works, Kit B. Kiser, Director of Utilities and Operations, and Thomas F. Brady, City Engineer, said committee having been created under the provisions of Ordinance No. 21701, adopted by Council on July 29, 1976, and Resolution Nos. 23016 and 23343, adopted by the Council on June 21, 1976, and November 1, 1976, respectively, and after due publication of notice once a week for two consecutive weeks in "The Roanoke Times" and "The World-News", newspapers of general circulation in the City of Roanoke, conducted a hearing on November 23, 1976, at 7:00 o'clock, p.m., in the Civil Defense Room in the Municipal Building, on the question of constructing a public sanitary sewer system to serve the Fairland Lake and Glenavon areas of the City, in order to make such decisions and to do such acts as are provided for and contemplated by Article 2, Chapter 7, of Title 15.1 of the 1950 Code of Virginia, as amended, at which hearing landowners and other interested parties in the affected areas were heard; and WHEREAS, said committee, upon conclusion of its public hearing, and upon mature consideration of the matters arising at said public hearing, reported to the Council in writing by report dated December 13, 1976, the estimated cost of the aforesaid improvement and the estimated amount or amounts of the individual 386 assessments to be made against each of the abutting property owners capable of being served by said sewer system, not in excess, in any case, of the peculiar benefits resulting therefrom to any such abutting landowner, apportioning the cost of the aforesaid improvement equally between the City and said abutting owners, said committee's aforesaid written report, with Schedule "A" attached thereto, being an estimate of the total cost of said improvement, an equal appor- tionment of the cost between the City and said landowners and the estimated amounts of the individual sewer assessments to be made on each abutting owner, and showing by list the name of each said owner, a brief description of the properties to be served by said improvements, the official tax number of each said property, and the front footage of each said property; and WHEREAS, the Council, upon receipt of such report, further directed the above named committee to take the necessary steps to insure that the affected property owners understood the aforesaid proposed project; and WHEREAS, the said committee reported to this Council on December 28, 1976 that it had complied with the Council's directive and requested the Council to concur with its earlier report dated December 13, 1976; and WHEREAS, the Council does concur in the aforesaid committee reports; and WHEREAS, for the immediate preservation and protection of the public health and for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That the construction of a public sanitary sewer system to serve the Fairland Lake and Glenavon areas of the City, as set forth in Ordinance No. 21701, is hereby authorized. (2) That said Council doth hereby APPROVE, RATIFY and CONFIRM the written report made to the Council by the committee heretofore appointed by the Council to ascertain and report to the Council the proper assessment or apportionme of the total cost of the public sanitary sewer system to be constructed in the Fairland Lake and Glenavon areas of the City, and does hereby APPROVE, RATIFY, CONFIRM and FIX the estimated individual sewer assessments ascertained and reported to the Council as Schedule "A" by said committee, which are as follows, to-wit: SCHEDULE "A" ESTIMATED SEWER ASSESSMENTS ON ABUTTING LANDOWNERS AND PROPERTIES FOR FAIRLAND LAKE AREA, PUBLIC SEWER PROJECT DIVISION I Estimated Total Cost of Sewer Project Apportionment of Costs of Project: 50% to City of Roanoke 50% to Abutting Landowners Total Front Footage of Properties to be Served Estimated Basis of Assessment on Abutting Landowners $185,424.64 92,712.32 92,712.32 9,706.68 L 9.5514 Lt Fe LOTS TAX NUMBERS 21-22-23 2470112 24-25 2470113 26-27 2470114 28-29-30 2470115 31-32 2470117 33-34 2470118 35-36 2470119 37-38 2470120 39-40-41 2470121 42 2470124 43-44-%45 2470122 %45-46-47-48 2470123 1-2 2470201 3-4-%5 2470202 %5-6-7 2470204 18-19-20 2470210 21-22-23 2470211 24-25-26 2470213 31-32-33 2470814 34-35-36 2470813 37-38-39 2470811 40-41-42 2470810 43-44-45 2470808 46-47-%48 2470807 %48-49-50 2470806 51-52-53 2470804 54-55-56 2470803 57-58-59 2470801 1-2-3 2470715 4-5-6 2470717 7-8-9 2470718 10-11-12 2470720 13-14-15-16 2470721 17-18-19-20 2470723 21-22-23 2470725 24-25-26 2470727 27-28-29 2470728 1-2 2470601 3-4 2470602 5-6-7 2470603 8-9-10-11 2470605 12-13-14 2470607 15-16-17 2470608 18-19-20 2470610 21-22 2470611 15-16 2470508 26 2470524 27-28 2470523 29-30-31 2470522 32-33 2470521 34-35-36 2470519 37-38-39 2470518 40-41-42 2470516 43-44-45-46 2470514 18-19-20 2470415 21-22-23 2470414 24-25 2470412 1-2 2471001 3-4 2471002 5-6 2471003 7-8-Pt. 9 2471004 Pt. 9-10-11 2471005 12-13-14 2471007 15-16-17 2471008 18-19-20 2471010 21-22-Pt. 23 2471011 Pt. 23-24-25 2471012 26-27-28 2471014 29-30-31 2471015 ESTIMATED INDIVIDUAL SEWER ASSESSMENT FOR FAIRLAND LAKE SEWERS DIVISION I FRONT FOOTAGE OWNER BLOCK 1 Alfred L. Jr. & Carolyn J. Anderson 75 John W. Jr. & Carolyn B. Coles 50 Clarence C. & Eloise H. Smith 50 Ellis Ray, Jr. & Valarie C. Williams 75 Mason H. Littreal 66 William. M. Jr. & Betty E. Patterson 66 Willard E. & Gladys M. Jones 66 Grover & Frances B. Ham 112.30 Vera V. Galloway (Trustee) 75 L. Bane & Margaret S. Coburn 25 James H. Gaither 63 John L. & Shirley A. Washington 87.77 BLOCK 2 Edgar A. & Margaret B. Whitlock James E. & Leora Smith Bonds Frances J. Gill Arthur E. & Julian C. Fultz William E. & Dorothy M. Golden Samuel A. & Betty O'Neal Moore 51 62.5 113.99 75 75 75 BLOCK 5 James W. & Ruby Y. Dickason Vinton Development Corp. Carl B. Flora Charles H. Barlow, Jr. William A. Jr. & Annetta B. LaPrade Richard A. & Elvah D. Taylor Harry J., Sr. & Annie M. Russell Lyndon C., Jr. & Anna T. McCadden Richard M. Lawrence L. Jerome Stewart 98.34 75 75 75 75 62.5 62.5 75 75 69.63 BLOCK 6 Margaret G. Rainey Alease Smith James B. & Ruth L. Johnson Willie A., Sr. & Francis S. Smith Leroy & Pauline W. Armistead James L. & Mary L. Jones Charles A. & Helen C. Uran]~lin John H. & Martha M. Anderson Oneida S. Simpson 69.63 75 75 75 100 112.54 ~7.54 79.12 78.08 BLOCK 7 James C. & Dorothy T. Walker James C. & Dorothy T. Walker Willie E. Thompson Frederick N. & Mamie S. Smith Decker M. & Phyllis C. Amos Herman & Lonnie M. Atwater Herman & Lonnie M. Atwater Paul Horton 32.29 50 75 102.22 90 90 90 122.14 BLOCK 8 Clark E. & Annie H. Welcher Alfred M. & Mary D. Gardner Alfred M. & Mary D. Gardner Claude James, Jr. & Audrey Mae Page Joseph T. & Lillian A. Carter Joseph T. & Lillian A. Carter Kirby L. & Frances L. Whitfield Dannice Hunt Samuel T. & Bertha M. Stone 108.11 55.48 50 78.47 50 109.94 106.68 80 100 BLO'CK9 Basil & Linda L. Mays Barbara H. Preston Edith C. Boggs 65.65 75 51.23 BLOCK 10 Taze H. Phelps Taze H. Phelps A. L., Jr. & Barbara R. Holland James Richard & Janet C. Duckett Ernest H. Ramey, Sr. Glenn H. or Mollie K. Cobb Morris A. & Doris R. Elam Arthur, Jr. & June Murphy Harris Lloyd F. & Elsie Watson Marie Frances Carrington Allen D. Moore Norris J. Cabbler 44.63 50 50.01 62.2 62.2 75 75 75 62.5 62.5 75 69.63 ESTIMATED ASSESSMENT 716.36 477.57 477.57 716.36 630.39 630.39 630.39 1,072.62 716.36 238.79 601.74 838.33 487.12 596.96 1,088.76 716.36 716.36 716.36 939.28 716.36 716.36 716.36 716.36 596.96 596.96 716.36 716.36 665.06 665.06 716.36 716.36 716.36 955.14 1,074.91 836.13 755.71 745.77 308.41 477.57 716.36 976.34 859.63 859.63 859.63 1,166.61 1,032.60 529.91 477.57 749.50 477.57 1,050.08 1,018.94 764.11 955.14 627.05 716.36 489.32 426.28 477.57 477.67 594.10 594.10 716.36 716.36 716.36 596.96 596.96 716.36 665.06 LOTS TAX NUMBERS 1-2-3 2471201 4-5-6 2471203 7-8-9 2471204 10-11-12 2471206 13-14-15 2471207 16-17-18 2471209 1-2-3-4 2471301 5-6-7 2471303 8-9-10 2471305 11-12 2471306 13-14-15 2471307 16-17-18 2471309 19-20 2471319 21-22 2471318 23-24-25 2471317 26-27-28-29 2471315 30-31-32 2471313 33-34-35 2471312 36-37-38 2471310 1-2-3-4 2471101 5-6-7 2471103 8-9-10 2471105 11-12 2471106 13-14 2471107 15-16-17 2471108 18-19-20 2471110 21-22-23 2471111 24-25-26 2471113 27-28-29 2471114 30-31-32-33 2471127 34-35-36 2471125 37-38 2471124 39 2471123 40-41 2471122 42-43 2471121 44-45 2471120 46-47 2471119 48-49-50-51 2471117 52-53-54-55 2471116 Lake and sur-2471401 rounding area Lot "A" 2471402 Lot "B" 2471403 Lot "C" 2471404 OWNERS BLOCK 11 Lewis D. & Gladys H. Buckner William M. & Barbara L. Brown James E. & Mary E. Johnson Barbara G. Wise George C. & Marilyn Irene Smith Audrey M., Annie B. or Laura J. Dean BLOCK 12 William C. & Margaret F. Jordan Andrew & Deloris H. Holland John O. & Fanny H. Claytor John H. & Gwendolyn B. Reynolds Hazel C. Terry Roy L. & Elaine F. Montgomery T. Weldon & Rebecca Y. Hale Mason H. & Elizabeth N. Littreal Norman C. & Angeline V. Jones Ronnie S. English Ocie & Bertha P. Williams Ocie & Bertha P. Williams Donald L. & Thelma L. Campbell FRONT FOOTAGE 69.63 75 75 75 75 76.25 94.63 75 75 50 75 85 62.5 50 75 100 75 75 69.63 BLOCK 13 Robert L. and Shirley W. Brown 103.64 Carl T. & Yvonne Tinsley 96.8 Barry L. & Violet L. Calloway 76 Doretha D. Dudley 50 Doretha D. Dudley 50 Andrew L. II & Cynthia A. Ware 75 William M. Baird 75 William M. Baird 75 Reggie T. & Mildred J. Saunders 75 Jack Lee & Carol L. Taylor 69.63 Catherine E. Brown 94.63 Willie R. & Virginia E. Waddell 75 Willie R. & Virginia E. Waddell 50 Thomas S. & Alma F. Robertson 25 Thomas S. & Alma F. Robertson 50 Thomas S. & Alma F. Robertson 50 Thomas S. & Alma F. Robertson 50 Decker M. Amos 50 Decker M. Amos 102 Charles M., Jr. & Fannie M. Walker 157.02 Ruth B. Lemon & First National Ex- 1445.00 change Bank (%) Arthur F. Hoback (%) Thomas W. & Rebecca Y. Hale 150 William, Jr. & Althea B. Gravely 75 William B. & Mary Rogers Morrison 75 ESTIMATED ASSESSMENT 665.06 716.36 716.36 716.36 716.36 728.29 903.85 716.36 716.36 477.57 716.36 811.87 596.96 477.57 716.36 955.14 716.36 716.36 665.06 989.91 924.58 725.91 477.57 477.57 716.36 716.36 716.36 716.36 665.06 903.85 716.36 477.57 238.79 477.57 477.57 477.57 477.57 974.24 1,499.76 13,801.77 1,432.71 716.36 716.36 A TRUE COPY, TESTE: APPROVED: S/ Kit B. Kiser Kit B. Kiser, Director Utilities and Operations S/ Judith M. St. Clair Deputy City Clerk SCHEDULE A ESTIMATED SEWER ASSESSMENTS ON ABUTTING LANDOWNERS AND PROPERTIES FOR FAIRLAND LAKE AREA, PUBLIC SEWER PROJECT (GLENAVON) DIVISION II Estimated Total Cost of Sewer Project Apportionment of Costs of Project: Estimated Total Cost 50% to City of Roanoke 50% to Abutting Landowners Total Front Footage of Properties to be Served Estimated Basis of Assessment on Abutting Landowners $29,756.10 14,878.05 14,878.05 29,756.10 1,585.32 L.F. 9.3849 389 LOT TAX NUMBERS 5 2480405 6 2480406 7 2480407 8 2480408 9 2480409 10 2480410 11 2480411 2 2480502 3 2480503 4 2480504 5 2480505 6 2480506 7 2480507 8 2480508 1 2480601 2 2480602 3 2480603 4 2480604 5 2480605 1 2480701 2 2480702 3 2480703 4 2480704 ESTIMATED INDIVIDUAL SEWER ASSESSMENT FOR FAIRLAND LAKE SEWERS DIVISION II OWNERS BLOCK 1 Robert L. & Nannie N. Greene Robert Lee & Patricia J. Cooper John T. & Ethel E. Couch Yolanda T. Johnson Willie L. & Etta M. Thomas Maceo & Essie V. Jackson James L. & Frances S. Crawley BLOCK 2 George P. & Marion D. Spradlin Larry C. & Shirley L. Motley Earnest C. & Anita D. Wilson George W. & Katie J. Jernigan Urbanus Jr. & Sylvia J. Gurrant George M. & Mary Frances Belcher Roland L. & Marilyn M. Reynolds BLOCK 3 Nelson Lewis & Lottie E. Reeves Sylvia W. Gravely Virginia S. Tanner William C. & Irene M. Guerrant Bobby W. & Dorothy B. Brown BLOCK 4 Peter D. & Grace Dalise Mary Hall Lilly Steven T. & Delores D. Helm Curtis & Eva Minter FRONT FOOTAGE ESTIMATED ASSESSMENT 70 656.94 60 563.09 60 563.09 70 656.94 65 610.02 70 656.94 82.38 773.13 67 628.79 70 656.94 70 656.94 70 656.94 70 656.94 81.78 767.50 65 610.02 65 610.02 70 656.94 82.38 773.13 70 656.94 60 563.09 81.78 767.50 65 610.02 60 563.09 60 563.09 A TRUE COPY, TESTE: APPROVED: S/ Kit B. Kiser Kit B. Kiser, Director Utilities and Operations S/ Judith M. St. Clair Deputy City Clerk (3) That the said assessments be collected in the manner as provided in Article 2, Chapter 7, of Title 15.1 of the 1950 Code of Virginia, as amended; it being expressly provided that payments of said assessments may be postponed or collected in installments as provided in said Article 2, Chapter 7, Title 15.1. (4) That the City Clerk be, and is hereby directed forthwith to transmit to the Clerk of the Circuit Court of the City of Roanoke an attested copy of this ordinance, who shall record an abstract thereof in the Judgment Lien docket in his said office and index the same, as provided in Article 2, Chapter 7, of Title 15.1 of the 1950 Code of Virginia, as amended, as being the estimated amounts of the individual sewer assessments hereby made against the individual owners who names are hereinabove set out opposite their respective properties. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor 390 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1977. No. 23440. AN ORDINANCE to amend and reordain Section #1855, "Transfers to Other Funds," of the 1976-77 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 #1855, "Transfers to Other Funds," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO OTHER FUNDS #1855 CAPITAL PROJECTS FUND Sewage Lateral Replacement (1) ......... $526,480.81 Fairland Lake Sanitary Sewer (2) ....... 218,180.74 Transfer (1) Net decrease $215,180.74 (2) Net increase 215,180.74 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 January, 1977. No. 23441. AN ORDINANCE accepting a bid and awarding a contract for the constructiol of a public sanitary sewer system to serve the Fairland Lake and Glenavon areas of the City, upon certain terms and conditions; rejecting certain other bids made therefor; and providing for an emergency. WHEREAS, at the meeting of the Council held on October 25, 1976, and after due and proper public advertisement had been made therefor, four (4) bids made to the City for constructing a public sanitary sewer system to serve the Fairland Lake and Glenavon areas of the City were opened and read before the Council, whereupon all said bids were referred to a committee to be tabulated and studied and to be reported back to the Council; and WHEREAS, said committee has reported to the Council, under date of November 8, 1976, its tabulation and report of said bids, from which it appears that the bid hereinafter accepted, made upon unit prices, represents the lowest and best bid made to the City, meeting all the City's specifications for said work, and should be accepted; and 391 WHEREAS, funds have been or are being appropriated by the Council sufficient to pay the cost of the contract hereinafter authorized to be entered into and, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That the bid of Plecker Construction Company, for furnishing all tools, labor, machinery and materials necessary to construct a public sanitary sewer system to serve the Fairland Lake and Glenavon areas of the City, in full accordance with the City's specifications made for said work, for the sum of $187,767.85, based upon unit prices, be, and said bid is hereby ACCEPTED; and (2) 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 (3) That the City Manager and the City Clerk be, and they are hereby authorized and directed to enter into a written contract on form approved by the City Attorney on behalf of the City with the aforesaid successful bidder for the construction of the public sanitary sewer system mentioned and described above, said contract to have incorporated therein the City's requirements and specifica- tions for the replacement system so authorized to be constructed, the bidder's proposal made to the City, and the provisions of this ordinance; and upon satisfac- tory performance of said work accepted by the City as meeting all said specifica- tions, the City's 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 payment to appropriations made by the City for said work. BE IT FURTHER ORDAINED that, an emergency existing, 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 4th day of January, 1977. No. 23442. AN ORDINANCE to amend and reordain Section #1855, "Transfers to Other Funds," of the 1976-77 Appropriation Ordinance, and providing fo'r an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #1855, "Transfers to Other Funds," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 392 TRANSFERS TO OTHER FUNDS #1855 CAPITAL PROJECTS FUND Mill Mountain Playhouse (1) ......... $32,000.00 Not previously appropriated (1) Net increase- $32,000.00 *Reimbursement of insurance settlement on fire damage to Playhouse BE IT FURTHER ORDAINED that, an emergency existing, 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 January, 1977. No. 23444. AN ORDINANCE repealing Ordinance No. 23349, permanently vacating, discontinuing and closing a portion of the alleyway extending in a westerly direction between Block 14, Exchange Building & Investment Company Map and Block 1, Janette Land Company Map from its intersection with Franklin Road as is more particularly described hereinafter; and providing for an emergency. WHEREAS, in order to correct certain omissions contained in Ordinance No. 23349, adopted by the Council on its second reading on the 28th day of December, 1976, the Council is of mind to repeal that ordinance and to adopt in its place and stead an ordinance curing the omissions made in aforesaid Ordinance No. 23349; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist, so that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 23349, adopted on its second reading December 28, 1976, permanently vacating, discontinuing and closing a portion of the alleyway extending in a westerly direction between Block 14, Exchange Building & Investment Company Map and Block 1, Janette Land Company Map from its intersection with Franklin Road be, and Ordinance No. 23349 is hereby REPEALED. BE IT FURTHER ORDAINED that an emergency exists, and that this ordinance shall be in force and effect upon its passage. APPROVED City Clerk Mayor 393 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1977. No. 23445. AN ORDINANCE permanently vacating, discontinuing and closing a portion of the alleyway extending in a westerly direction between Block 14, Exchange Building & Investment Company Map and Block 1, Janette Land Company Map from its intersection with Franklin Road as is more particularly described hereinafter; providing for a new alleyway connecting the portion of the alleyway remaining open with Woods Avenue, S. W.; and providing the effective date of the aforesaid alley closing. WHEREAS, John E. Gardner, Jr., has heretofore filed his application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close a portion of the aforesaid alleyway, which is more particularly described hereinafter; and WHEREAS, John E. Gardner, Jr., did on August 20, 1976, duly and legally publish a notice of his application to the Council by posting a copy of the notice on the front door o£ 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 affi- davit 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 said application and the provisions of Section 15.1-364 of the Code of Virginia, as amended, Council by resolution No. 23211, dated August 30, 1976, 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 October 7, 1976, recommended that the hereinafter described alley portion be closed on the condition that a substitute route be dedicated to the City connecting the portion of the above-described alleyway remaining open after the closing of the hereinafter described portion thereof with Woods Avenue, S. W.; and WHEREAS, the applicant has agreed to dedicate and improve, at his expense, such substitute access route providing access to the portion of the hereinafter described alley to remain open to and from Woods Avenue, S. W.; and WHEREAS, Council by resolution No. 23211, dated August 30, 1976, also appointed viewers to view said alley portion and to report in writing whether or not in their opinion any inconvenience would result from formally vacating, discontinuing and closing said portion of the alley; and WHEREAS, said viewers having been informed of the agreement by the applicant to dedicate and improve said substitute access to and from the portion of the alley remaining open to and from Woods Avenue, S. W., have determined that in their opinion no inconvenience would result either to any individual or to the public from so vacating, discontinuing and closing permanently said portion of the alleyway, as is shown in the written report of viewers dated November 1, 1976, and filed with the City Clerk on November 3, 1976; and 394 WHEREAS, a public hearing was held on said application before the Council at its regular monthly meeting on November 8, 1976, at 7:30 p.m., 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 closing of the hereinafter described alley portion have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said alley portion, as requested by John E. Gardner, Jr., and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virgini~ that the portion of the alleyway extending in a westerly direction between Block 14, Exchange Building & Investment Company Map and Block 1, Janette Land Company Map from its intersection with Franklin Road, situate in the City of Roanoke, Virginia, described as follows: BEGINNING at a point on the westerly line of Franklin Road, S. W., said point of Beginning being 132.13 feet in a southerly direction measured along the westerly line of Franklin Road from its intersection with the southerly line of Woods Avenue, S. W.; thence leaving Franklin Road and with the southerly lines of Lots 13, 12 and 11, Block 14, Exchange Building & Investment Company Map, S. 81 deg. 53' 50" W. 114.60 feet to a point at the southwesterly corner of Lot il, ~iocK 14, according to the aforesaid map; thence with the southerly lines of Lots 10 and 9, Block 14, according to the aforesaid map, S. 82 deg. 25' 58" W. 83.93 feet to a point; thence with a curve to the right, which curve is defined as having an angle of 41 deg. 37' 16", a radius of 40 feet, a tangent of 15.20 feet, an arc of 29.06 feet, a chord bearing of N. 51 deg. 55' 17" E. and a distance of 28.42 feet to a point on the northerly line of Lot 5, Block 1, Janette Land Company Map; thence with the north- erly line of Lot 5, Block 1, according to the aforesaid map, N. 82 deg. 22' 19" E. 18.26 feet to a point, said point being the northeasterly corner of the aforesaid Lot 5, thence with the northerly lines of Lots 4, 3, 2 and 1, Block 1, according to the aforesaid map, N. 82 deg. 22' 19" E. 200.80 feet to a point on the westerly line of Franklin Road; thence with the westerly line of Franklin Road, N. 06 deg. 54' 59" E. 15.79 feet to the PLACE OF BEGINNING; as shown on Plat showing re-subdivision property of John E. Gardner, Jr., Lots 7-13, Block 14, Exchange Building & Investment Co., and Lots 1-4, Block 1, Janette Land Co., dated , made by Bu- ford T. Lumsden & Associates, P.C., Certified Land Surveyors, a copy of which is on file in the office of the City Clerk and is expressly referred to; be, and hereby is, permanently vacated, discontinued and closed at the time hereinafter indicated, and that all right and interest of the public in and to the same be, and it hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving, however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities that may now be located in or across said alley portion, 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 portion of any such municipal installation or utility by the owner thereof. 395 BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on said alley portion on all maps and plats on file in his office on which said portion is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance and of the Plat hereinabove referred to, attached to said ordinance, for recordation at the expense of the within named applicant, in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of John E. Gardner, Jr., and the name of any other party in interest who may so request, as Grantee. BE IT FINALLY ORDAINED that this ordinance shall not become effective as to vacating, discontinuing and closing the abovedescribed easterly portion of said alley until there shall have been dedicated to the City of Roanoke and provided a substitute access alleyway connecting the easterly portion of the alleyway remaining open with Woods Avenue, S. W., said dedication to be made by the recordation of a subdivision plat showing the location of the substitute access alleyway and execution of a subdivider's agreement providing for improve- ment of said new alleyway, all under the City's land subdivision regulations, the location of which new alleyway is to be as is shown on the aforesaid plat. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1977. No. 23443. AN ORDINANCE designating and fixing the names to certain streets located in all four quadrants of the City. WHEREAS, the City Planning Commission has reported to the Council under date of December 23, 1976, recommending that certain streets located in all four quadrants of the City should be renamed, all as hereinafter more specifically described in this ordinance, the report of said Planning Commission setting out the reasoning upon which such recommendations were made; and WHEREAS, public hearing on the aforesaid proposals of the Planning Commission was held before the Planning Commission at its meeting on December 15, 1976, after due and proper advertisement of such hearing and at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said proposals; and 396 WHEREAS, this Council, after mature consideration of the aforesaid recommendations, is of opinion that changes should be made in the names of certain streets as recommended by said Planning Commission and as is hereinafter set forth in this ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows, viz: 1. That that existing Virginia Avenue, N. E., which extends from its intersection with Elmcrest Street, N. E., to its intersection with Columbia Street, N. E., be designated, named and hereafter known as Old Virginia Street, N. E. 2. That that existing Virginia Route 672, which extends from its intersection with Virginia Route 789 to its intersection with Yellow Mountain Road, S. E., be designated, named and hereafter known as Welcome Valley Road, S. E. 3. That that existing portion of 23rd Street, S. W., which extends from its intersection with Franklin Road, S. W., to its intersection with Colonial Avenue, S. W., be designated, named and hereafter known as Wonju Street, S. W. 4. That that existing Airport Access Road, N. W., which extends from its intersection with Airport Road, N. W., to its terminus at Roanoke Municipal Airport, Woodrum Field, be designated, named and hereafter known as Municipal Road, N. W. 5. That that existing Pennsylvania Avenue, N. W., which extends from its intersection with Hoover Street, N. W., through its intersection with Lafayette Boulevard, N. W., to its terminus, be designated, named and hereafter known as Clifton Street, N. W. 6. That that existing Virginia Route 1889 which extends from its intersection with Hershberger Road, N. W., to its intersection with Municipal Road, N. W., (heretofore known as Airport Access Road, N. W.) be designated, named and hereafter known as Aviation Drive, N. W. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to cause the above new street names to be appropriately noted on all maps and plats lodged in his care; that the City Manager be, and he is hereby authorized to cause the placement of appropriate new street name signs on said streets; and that the City Clerk transmit to the Postmaster at Roanoke six (6) attested copies of this ordinance, in order that said Postmaster be apprised of the changes of the aforesaid street names. APPROVED ATTEST: City Clerk Mayor 397 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1977. No. 23446. AN ORDINANCE directing and providing for the acquisition of certain easements in land wanted and needed by the City for the construction of the Fairland Lake Sanitary Sewer Interceptor Line, in the Fairland Lake and Glenavon areas within the City of Roanoke; fixing the consideration offered to be paid by the City for each said easement and other terms and provisions of such acquisition; providing for the City's acquisition of said easements by condemnation, under certain circumstances; authorizing that the City make motion for the award of a right of entry on each or any of said properties for the purpose of commencing its work of improvements; and providing for an emergency. WHEREAS, in order to provide for the construction of certain sewer interceptor lines generally in the Fairland Lake and Glenavon areas within the City of Roanoke, certain easements in land hereinafter described are wanted and needed by the City for the purposes aforesaid; and WHEREAS, the City has caused appraisals to be made of the fair market value of each of the hereinafter described easements in land necessary for the proper construction of said improvements, on the basis of which the valuations hereinafter set out with respect to each said easement have been determined by the Council to be fair and reasonable; and funds sufficient for the payment of the purchase prices hereinafter authorized to be paid have been heretofore appro- priated by the Council for the purpose; and WHEREAS, it is desired that immediate construction of the aforesaid improvements be commenced, prior to which it is necessary that the City have acquired the right of entry on each of the hereinafter described properties for the purpose of constructing said public improvements; and WHEREAS, for the usual daily operation of the municipal government, and for the preservation of the public health through needed sewer construction, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That the said City of Roanoke wants and needs for the purpose of constructing certain sewer interceptor lines generally in the Fairland Lake and Glenavon areas within the City of Roanoke, and the proper City officials be, and are hereby authorized to acquire for said City from the respective owners thereof permanent sanitary sewer easements in land, fifteen (15) feet in width, together with temporary construction easements, five (5) feet in width, adjacent and parallel to the permanent easements necessary for the proper construction of said sewer mains and lines and through the lands generally in the Fairland Lake and Glenavon areas and situate in the City of Roanoke, Virginia, of the following listed property owners in the City referenced by Official Tax Numbers and plats on file in the office of the City Engineer, which plats show and describe each easement to be acquired, for the following considerations, viz: 398 Plan No. 5448-75-A 5448-75-B 5448-75-C 5448-75-D 5448-75-E 5448-75-F 5448-75-G 5448-75-H 5448-75-I 5448-75-J 5448-75-K 5448-75-L 5448-75-M 5448-75-N 5448-75-0 5448-75-P 5448-75-Q 5448-75-R 5448-75-S 5448-75-T 5448-75-U 5448-75-V 5448-75-W 5448-75-X 5448-75-Y 5448-75-Z 5448-75-A1 5448-75-A2 5448-75-A3 5448-75-A4 5448-75-A5 Property Owner Tax No. Consideration Ruth B. Lemon and First National Exchange Bank, Co-Executor & Trustees, and Arthur F. Hoback Ruth B. Lemon and First National Exchange Bank, Co-Executor & Trustees, and Arthur F. Hoback Thomas W. & Rebecca Y. Hale William, Jr., & Althea Gravely William B. & Mary Rogers Morrison Mason H. & Elizabeth N. Littreal Norman C. & Angeline V. Jones Thomas S. & Alma F. Robertson Willie R. & Virginia E. Waddell Doretha D. Dudley Barry L. & Violet L. Calloway Carl T. & Yvonne Tinsley Oneida S. Simpson John H. & Martha M. Anderson Charles A. & Helen C. Franklin Fralin & Waldron, Inc. Fralin & Waldron, Inc. Fralin & Waldron, Inc. Clyde B. & Carolyn H. Barrett Clyde B. & Carolyn H. Barrett Cecile E. & Sybil D. Taylor Virginia G. Boyd L. Jerome Stewart Richard M. Lawrence Lyndon C., Jr., & Anna T. McCadden James E. & Leora Smith Bonds Frances J. Gill Margaret G. Rainey Alease Smith James B. & Ruth L. Johnson Willie A., Sr., & Francis S. Smith 2471401 $ 51.00 2471401 $ 943.00 2471402 $ 403.00 2471403 $ 334.00 2471404 $ 72.00 2471318 $ 263.00 2471317 $ 263.00 2471120- 2471123 $ 50.00 2471124 $ 125.00 2471106 & 2471107 $ 10.00 2471105 $ 271.00 2471103 $ 201.00 2470728 $ 470.00 2470727 $ 209.00 2470725 $ 206.00 2470829 $ 60.00 2470827 $ 10.00 2470826 $ 10.00 2470824 $ 10.00 2470823 $ 10.00 2470821 $ 10.00 2470820 $ 85.00 2470801 $ 213.00 2470803 $ 213.00 2470804 $ 30.00 2470202 $ 331.00 2470204 $ 416.00 2470715 $ 213.00 2470717 $ 213.00 2470718 $ 228.00 2470720 $ 223.00 TOTAL CONSIDERATION $ 6,155.00 (2) That the City Manager be, and he is hereby directed, immediately, to offer on behalf of the City to the owner or owners of each of the aforesaid interests in land the consideration hereinabove set out for each said interest, for said owner's or owners' conveyance to the City of the rights or title needed by the City in each of said lands and, upon acceptance of any such offer or offers and upon delivery to the City of a good and sufficient deed of easement, approved as to form and sufficiency by the City Attorney, the Director of Finance be, and he is hereby directed to make payment to each owner or owners so accepting said City's offer of the consideration hereinabove set out with respect to said land, such payment or payments to be made to such persons as are entitled by the City Attorney to be entitled to the same; (3) That, should the City be unable to agree with the owner or owners of any of the interests in land hereinabove set out for the City's purchase of said easements in land, the City Attorney is hereby authorized and directed to institute in a court of competent jurisdiction in the City condemnation proceed- ings to acquire for the City the easements in such land or lands as are hereinabove set out and described and as the City is unable to acquire by purchase as here- inabove provided; and (4) That, in instituting or conducting any condemnation proceeding herein authorized to be brought on behalf of the City, the City Attorney is hereby authorized and empowered to make motion on behalf of the City for entry of an order, pursuant to the provisions of Section 25-46.8 of the 1950 Code of Virginia, as amended, granting to the City a right of entry for the purpose of commencing its public works or improvements; and the Director of Finance, upon request of said City Attorney shall be, and is hereby authorized and directed to draw and make payment into such court wherein said condemnation proceedings may be pending the sums hereinabove authorized to be paid by the City for the respectiv interests in land sought to be acquired in such condemnation proceedings. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1977. No. 23448. AN ORDINANCE providing the consent of the City of Roanoke to the assignment of a certain agreement of lease from Arrow Wood Country Club, Inc., to Builders Investment Group, a Florida business trust and to the sublease of the property demised by said agreement back to Arrow Wood Country Club, Inc., by said Builders Investment Group, upon certain terms and conditions; and providing for an emergency. WHEREAS, the Assistant City Manager in a January 10, 1976 report to the Council requested the Council to consent to the aforesaid assignment and sublease, in which request the Council concurs. WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist, so that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Council does hereby consent, on behalf of the City, to the assignment from Arrow Wood Country Club, Inc., to Builders Investment Group, a Florida business trust, of all of those rights, obligations and interests incumbent upon the tenant in that certain agreement of lease heretofore made and entered into under date of October 4, 1967, between the City of Roanoke, Landlord, and Arrow Wood Country Club, Inc., Tenant, pursuant to Article VIII of said agreement, and to the conveyance by Arrow Wood Country Club, Inc., to said Builders Investment Group of its interest as the tenant in said agreement of lease. BE IT FURTHER ORDAINED that the Council of the City of Roanoke does hereby consent to the sublease of the property demised by the aforesaid agreement of lease back to Arrow Wood Country Club, Inc., by said Builders Investment Group, provided that said sublease shall in no way affect the obligations of said Builders Investment Group to the City of Roanoke under the aforesaid assignment. BE IT FURTHER ORDAINED that the consent of the City to the said assign- ment and sublease is expressly conditioned upon the agreement of said Builders Investment Group to the terms and provisions of the aforesaid agreement of lease and of this ordinance as witnessed by the signature and seal of its officers affixed to this ordinance. 399 400 BE IT FURTHER ORDAINED that the City Clerk deliver to Builders Investmen~~ Group or its attorneys an attested copy of this ordinance. BE IT FINALLY ORDAINED that an emergency exists, and that this ordinance shall be in force and effect upon its passage. EXECUTED and ACCEPTED by the undersigned this , 1977. day of CLEMENT H. DARBY, GEORGE H. BROWN, JR., GEORGE G. LOVELESS, CHARLES E. COMMANDER, III, AND GENE TANNEN, not individually but only as Trustees of BUILDERS INVESTMENT GROUP. By ATTEST: STATE OF ) ) To-wit CITY/COUNTY OF ) I, , a Notary Public in and for the jurisdiction aforesaid, hereby certify that and , and , respectively, of BUILDERS INVESTMENT GROUP, have each personally appeared before me in my aforesaid jurisdiction and acknowledged the same. GIVEN under my hand and seal this My Commission expires day of , 1977. ATTEST: City Clerk APPROVED Notary Public Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1977. No. 23449. AN ORDINANCE amending Ordinance No. 23341, adopted November 1, 1976, as amended by Ordinance No. 23375, adopted November 22, 1976, directing and providing for the acquisition of certain properties wanted and needed by the City for the construction of navigational aids at Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions; providing for the City's acquisiton of said properties by condemnation, under certain circumstances; authorizing that a motion be made for the award of right-of-entry on each or any of said properties for the commencement of said construction; authorizing the execution of certain agreements with the Department of Highways and Transportation of the Commonwealth of Virginia to construct and maintain the aforesaid navigational aids across U. S. Interstate 581; authorizing the City Manager to apply for the appropriate '4'0 grants from the Governments of the United States of America and the Commonwealth of Virginia for reimbursement of costs for the aforesaid acquisition; authorizing the City Manager to transmit to the Federal Aviation Administration a letter of the City's intent to enter into License Agreement No. DOT-FA77EA-8620 to provide for a Medium Intensity Approach Light System with Runway Alignment Lights (MALSR) to serve Runway 5 at Roanoke Municipal Airport, Woodrum Field, upon the acquisition of the necessary properties; by authorizing the acquisition of certain properties from Builders Investment Group, a Florida business trust; and providing for an emergency. WHEREAS, the Council by Ordinance No. 23341, adopted November 1, 1976, and amended by Ordinance No. 23375, adopted November 22, 1976, authorized the acquisition of certain properties from Arrow Wood Country Club, Inc.; and WHEREAS, the Assistant City Manager in a report to the Council under date of January 10, 1977, has advised the Council that Arrow Wood Country Club, Inc., has agreed to convey to Builders Investment Group, a Florida business trust, those properties, among others, which the proper City officials, pursuant to said Ordinance No. 23341, were authorized to acquire from Arrow Wood Country Club, Inc., and in the same report requested the authority to acquire from said Builders Investment Group those properties for the consideration stated in the report, in which request this Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 23341, adopted November 1, 1976, and as amended by Ordinance No. 23375, on November 22, 1976, be and it is hereby amended in the following respect: That the proper City officials are hereby authorized to acquire from Builders Investment Group, a Florida busi- ness trust, for the consideration of $90,000.00, Lots 1, 2, 3, 4A-4E, 5 and 6, Map of Golfside Villas, and Lot 1, Block 10, and Lot 1, Block 11, Map of Arrow Wood, in the City of Roanoke, as shown on Plan No. 5555-A, dated October 29, 1976, on file in the Office of the City Engineer; the remaining provisions of said ordinance however, to remain in full force and effect. BE IT FURTHER ORDAINED that, an emergency exists and that this ordinance shall be in force and effect upon its passage. APPROVED City Clerk Mayor 4O2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1977. No. 23450. A RESOLUTION repealing price offers for a joint-use jail facility made by the City of Roanoke to other political subdivisions and authorizing and directin. certain city officials to prepare and transmit to the County of Roanoke a certain contract offering to said County joint-use of the City's new jail facility upon certain terms and conditions. WHEREAS, the City has heretofore by various ordinances and resolutions duly adopted by the Council of the City of Roanoke 'made several offers to the County of Roanoke and other adjacent and adjoining political subdivisions for joint use of the City's new jail facility and the Council deems it appropriate to repeal all such ordinances and resolutions heretofore adopted by the Council to the extent that the same are inconsistent with the terms of this resolution; and WHEREAS, the County of Roanoke has requested the City to advise the County, on or before January 10, 1977, upon what terms and conditions the City would be agreeable to joint-use of the City's new jail facility by Roanoke County, and to transmit to the County a proposed form of agreement embodying such terms and conditions for consideration by the County. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, ana he hereby is, authorized and directed to cause to be trans- mitted to the County of Roanoke a certain contract, to be prepared by the City Attorney, offering to make available to Roanoke County certain space in the City's new jail facility, when constructed, for a minimum term of twenty-five years the County to pay the City for such use on one of the three bases of payment offered by the City for all County prisoners housed in such jail during such term, and such agreement to further contain a provision whereby the County will agree to house its prisoners in such new jail facility to the extent space is available therein as a primary obligation of the County before housing its prisoners in any other jail facility. It is respectfully requested that Roanoke County respond to this offer on or before February 14, 1977. BE IT FURTHER RESOLVED that all ordinances and resolutions of the Council heretofore adopted offering joint-use of the City's new jail facility to the County of Roanoke or to any other adjacent or adjoining political subdivision be and are hereby REPEALED to the extent that the same may be inconsistent with the provisions of this resolution or any contract entered into pursuant to this resolution. BE IT FINALLY RESOLVED that the City Clerk transmit an attested copy of this resolution to the Clerk of the Board of Supervisors of Roanoke County. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1977. No. 23451. A RESOLUTION requesting the Virginia Department of Corrections, Division of Probation and Parole Services, to reconsider the location of a certain correc- tions facility. WHEREAS, this Council is advised that the Virginia Department of Corrections, Division of Probation and Parole Services, has recently applied for and been issued by the City's Department of Buildings a certificate of occupancy providing for use of the premises at 1302 Second Street, S. W., in the City, being a former residence, as a State-operated correctional center whereat certain persons on parole or on probation or after having been released from penal facilities would be housed and would participate in programs or readjustment and training for useful activities; and WHEREAS, this Body has been petitioned by numerous residents of the area to intervene on their behalf with State authorities and to request that such facility not be located in the area of the City, they pointing out to the Council deleterious effects which such a facility might be expected to inflict on neighboring residential and business properties; and WHEREAS, this Council, while realizing that such proposed use of the property in question may be permitted under the general zoning regulations of the City of Roanoke, nevertheless, considers the proposed location ill-advised due, primarily, to its close proximity to and undoubted effect upon surrounding residential properties and business establishments and to the congregation in one small area of the City of this said facility along with four or five similar such facilities, albeit such persons residing in the house are now paroled, on probation or with penalties duly served; and cannot but understand the protests raised by the citizens of the area against the State's use of the premises at 1302 Second Street, S. W. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth hereby most earnestly request the Virginia Department of Corrections, Division of Probation and Parole Services, to reconsider and to abandon its occupancy and use of 1302 Second Street, S. W., in the City of Roanoke, as a location for its corrections facility for persons involved in commission of offenses against the State's penal laws, and to give some assurances to the members of the public and to this Body that it will seek to obtain a location elsewhere in the City at which its needed program for readjustment and training of such persons may be conducted and accomplished, but without attendant damage, annoyance and potential danger to such great numbers of surrounding occupied residential and business properties and their occupants. BE IT FURTHER RESOLVED that the City Clerk do transmit to the Honorable Mills E. Godwin, Jr., Governor of Virginia, and to the aforesaid Department attested copies of this resolution with which shall be transmitted copies of the 4O3 404 citizen's petitions addressed to this Council, abovementioned; and that similar copies of all of the aforesaid be likewise transmitted to the City's representa- tives in the General Assembly of Virginia. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1977. No. 23453. AN ORDINANCE to amend and reordain Section #0201, "City Manager," of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY MANAGER #0201 Other Services and Char~es (1) .............. $18,850.00 Not previously appropriated (1) Net increase S12,500.00 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 10th day of January, 1977. No. 23454. AN ORDINANCE to amend and reordain Section #1850, "Miscellaneous," of the 1976-77 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 #1850, "Miscellaneous," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MISCELLANEOUS #1850 Personal Injuries (1) ................. $20,060.00 Not previously appropriated (1) Net increase ...... $17,560.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23447. AN ORDINANCE authorizing execution of a deed of release, releasing the City's interest in certain sewer easements heretofore granted to the City of Roanoke, upon certain terms and conditions. WHEREAS, the Assistant City Manager, in a January 10, 1977, report to this Council, requested that this Council authorize the release of certain sewer easements heretofore granted to the City of Roanoke. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be and they are hereby authorized for and on behalf of the City to execute a deed of release, releasing the City's interest in those sewer easements in Lots 18, 19, 20, 23, 23A, 23B, 24, 25 and 26, of Block 4, of the Map of William Fleming Court, dated December 10, 1938, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 2, at page 121, as conveyed to the City of Roanoke by Vera B. and J. H. Fralin by Deed of Easement dated September 12, 1960, of record in the Clerk's Office of the Circuit Court of the City of Roanoke, in Deed Book 1083, at page 170, said deed of release to be for a nominal consideration and to be upon form approved by the City Attorney. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23452. AN ORDINANCE amending and reordaining Sec. 109. Taxicabs or other for hire passenger motor vehicle operators., Chapter 8. License Tax Code., of Title VI. Taxation., of the Code of the City of Roanoke, 1956, as amended, by providing 4O5 406 for a reduction in the license tax on persons who operate taxicabs or other for hire passenger motor vehicles, making such amendment retroactive to January 1, 1976. WHEREAS, the City Taxes Committee, in report made to the Council under date of January 4, 1976, has recommended that the license tax on person who operate taxicabs or other for hire passenger motor vehicles, be reduced from $2.20 per $100.00 gross receipts to 55 cents per $100.00 gross receipts, in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 109. Taxicabs or other for hire passenger motor vehicle operators., Chapter 8. License Tax Code., of 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. 109. Taxicabs or other for hire passenger motor vehicle operators. Every operator of taxicabs or other 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, trailers and semitrailers, a mon- thly license tax of 55 cents on each $100.00 of the gross receipts derived from such business originating within and without such limits. The aforesaid tax shall be payable monthly, on or before the tenth day of each calendar month, on the gross receipts derived from such business during the preceding month. If any tax due here- under is not paid on or before the tenth of the month then the amount due shall be subject to a penalty of ten per cent of the amount which was due and payable, in addition to the license tax imposed by law, and such penalty shall be assessed and paid along with the license tax and shall become a part of the license tax; but such penalty in no case shall be less than $2.00. In addition thereto, any person in arrears shall be guilty of a misdemeanor. BE IT FURTHER ORDAINED that this ordinance shall be retroactive to January 1, 1976; and the Commissioner of Revenue and other proper City officials are authorized and directed to make appropriate correction and adjustment of any license tax assessed under the provisions of Sec. 109., Chapter 8., Title VI., aforesaid, for the tax year 1976, not consistent with the provisions contained in this ordinance. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23455. A RESOLUTION relating to the Honorable CHARLES S. MCNULTY, retiring Real Estate Assessor. WHEREAS, CHARLES S. MCNULTY has recently tendered to the City his notice of retirement as Real Estate Assessor of the City of Roanoke, effective January 26, 1977; and WHEREAS, Mr. McNulty, a native of Roanoke, after serving his nation in the United States Army during World War II, and serving in the Virginia Department of Taxation, was appointed Real Estate Assessor for the City of Roanoke on January 16, 1966, in which position he has exhibited outstanding ability and a sense of personal devotion to his duties and has served the City and its citizens with distinction. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth publicly commend the Honorable CHARLES S. MCNULTY for his years of service as Real Estate Assessor of the City of Roanoke, and for his various and distinguished activities in the American Institute of Real Estate Appraisers, the Society of Real Estate Appraisers and the International Association of Assessing Officers; and this Council extends to him its warmest sense.of appreciation and that of the citizens of the City, for his exemplary service to the City, along with wishes for continued success in future endeavors. BE IT FURTHER RESOLVED that the City Clerk transmit to Mr. McNulty 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 24th day of January, 1977. No. 23456. AN ORDINANCE to amend and reordain Section #15408, "Schools - Library Materials, Title IV, Part B, P. L. 83-380," of the 1976-77 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 #15408, "Schools - Library Materials, Title IV, Part B, P. L. 83-380," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 407 408 SCHOOLS - LIBRARY MATERIALS, TITLE IV, PART B, P. L. 83-380 #15408 Library Materials, Title IV, Part B, P. L. 83-380 (1) ..................... $45,575.00 Not previously appropriated (1) Net increase $45,575.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23457. AN ORDINANCE reestablishing a central absentee voter election district in the Courthouse Building in the City of Roanoke, as provided in Sec. 68., Chapter 2.2. Precincts and voting places, of Title IV. Elections of the Code of the City of Roanoke, and providing for certain notification to be given; and providing for an emergency. WHEREAS, the Electoral Board'for the City of Roanoke has recommended that the Council again implement provisions contained in Section 24.1-233.1 of the Code of Virginia, as amended by Chapter 428 of the 1974 Acts of Assembly, permitting of the annual establishment of a certain absentee voter election district in the courthouse or other public building of each city, town or county; and WHEREAS, for the usual daily operation of the municipal government an emergency exists and this ordinance should take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that a central absentee voter election district be and is reestablished in the Court- house of the City of Roanoke, on the first floor thereof, which shall receive, count and record all such ballots cast within the City of Roanoke in elections held therein, pursuant to the provisions contained in Section 24.1-233.1 of the Code of Virginia as amended by Chapter 428 of the 1974 Acts of Assembly of Virginia, and as has heretofore been provided by Sec. 68. Central Absentee Voter Election District, Chapter 2.2. Precincts and voting places, of Title IV. Election: of the Code of the City of Roanoke, 1956, as amended. BE IT FURTHER ORDAINED that the City Manager be and he is hereby authorized and directed to provide to the Electoral Board on the first floor of the Courthouse Building adequate and sufficient room and office space for the purposes of the aforesaid central absentee voter election district, which said space when used for purposes of elections held in the city shall be under the management and control of the aforesaid Electoral Board. 409 BE IT FURTHER ORDAINED that the City Clerk do immediately notify the State Board of Elections and the Electoral Board of the City of Roanoke of the establishment by the Council of the aforesaid central absentee voter election district, and to transmit to each said Board attested copies of this ordinance. BE IT FINALLY ORDAINED that an emergency exists and that this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23458. AN ORDINANCE to amend and reordain Chapter 4. Ambulance Service, of Title XIX. Transportation, of the Code of the City of Roanoke, 1956, as amended, by providing for and regulating the manner of transportation service for handicappe~ persons within the City of Roanoke; and providing for an emergency. WHEREAS, the City Manager in a December 13, 1976 report to this Council, recommended that the City Code be amended to provide for regulation of transportation services for the handicapped, in which recommendation the Council concurs. WHEREAS, for the usual daily operation of the municipal government, an emergency is hereby declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 4. Ambulance Service, of Title XIX. Transportation, of the Code of the City of Roanoke, 1956, as amended, be, and said chapter is hereby amended and reordained to read and provide as follows: CHAPTER 4. AMBULANCE SERVICE AND TRANSPORTATION SERVICE FOR THE HANDICAPPED Sec. 1. Definitions: For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed in this section except when the context clearly indicates a different meaning: ne Ambulance - the term "ambulance" shall mean any privately or publicly owned vehicle, other than one owned and operated by a volunteer, organized non-profit life saving, first aid, or rescue organization, that is specially designed or con- structed, or modified and equipped, and is intended to be used for and is maintained or operated for the transportation upon the streets or highways in the City of Roanoke of persons who are sick, in- jured, wounded, or otherwise incapacitated or helpless. 410 Fe Vehicle for the transportation of handicapped persons - The term "vehicle for transportation of handicapped persons" shall mean any privately or publicly owned vehicle, other than one owned and operated by a volunteer, organized non-profit life saving, first aid, or rescue organization, that is specially designed or constructed or modified and equipped, and is intended to be used for and is maintained or operated for the pre-arranged transportation of persons with physical handicaps which limit their mobility, and is not used to respond to emergency calls or for the transportation of litter patients. Attendant - the term "attendant" shall mean an individual other than a member of a volunteer, organized non-profit life saving, first aid or rescue organization who is certified by the Virginia State Health Department as having met the requirements for ambulance attendants and is responsible for the care of the patient whether or not the attendant also serves as driver. Attendant-driver - the term "attendant-driver" shall mean an individual other than a member of a volunteer, organized non-Profit life saving, first aid, or rescue organization, who is certified as an attendant and licensed as a driver. Driver - the term "driver" shall mean an individual who drives an ambulance, other than one owned and operated by a volunteer, non-profit life saving, first aid or rescue organization, and who is responsible for the operation thereof. Approved - the term "approved" shall mean approved by the State Health Department. Patient - the term "patient" shall mean an individUal who is sick, injured, wounded, or otherwise incapaci- tated or helpless. Certificate - the term "certificate" shall mean a certificate of public convenience and necessity issued by the Council of the City of Roanoke licensing the operation of an ambulance or ambu- lances. Council - the term "Council" shall mean the City Council of the City of Roanoke. Person - the term "person" shall mean any individual, firm, partnership association, corporation, company group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than the United States. Department - the term "department" shall mean the State Department of Health. Establishment - the term "establishment" shall mean the administrative authority, owner-lessee, of the ambulance operation or the transportation of handi- capped persons operation. Sec. 2. Certificate of Public Convenience and Necessity. No person shall operate or cause to be operated an ambu- lance or vehicle for the transportation of handicapped persons within the City of Roanoke without first having applied for and obtained a certificate of public convenience and neces- sity from the Council of the City of Roanoke, authorizing such operation within all or any designated part of the City of Roanoke. Sec. 3. Application for Certificate. Ail persons applying to the Council of the City of Roanoke for a certificate for the operation of one or more ambulances or vehicles for the transportation of handicapped persons shall file with the City Clerk of the City of Roanoke a sworn application on forms provided by the City Clerk stating as follows: The name and address of the applicant, and in the event that the applicant be a corporation, a certified copy of the articles of incorporation. be The number of vehicles actually owned and the number of vehicles actually operated by such applicant on the date of such application, or the number of 411 Ce de ee he applicant in the event of the granting of this certificate. If the applicant owns and/or operates ambulance vehicles or vehicles for the transportation of handicapped persons in areas or locations beyond the City of Roanoke or proposes to own and/or operate ambulance vehicles or vehicles for the transportation of handicapped persons in areas or locations beyond the limits of the City of Roanoke, then the applicant shall advise in detail as to the assignment of all such vehicles owned or proposed to be owned as to geographical areas of service. The make, type, year of manufacture, serial number for each ambulance or vehicle for the transportation of handicapped persons owned or operated, or, if known, proposed to be owned or operated by the applicant for a certificate of public convenience and necessity. The area to be served by the applicant, the types of service to be offered, and schedule of proposed rates and fees. A current financial statement and statement of the business experience of the applicant. Evidence of a public liability insurance policy written by an insurance company licensed and autho- rized to do business in this state, providing for the payment of any final judgment up to the sum of $100,000.00 for injury to or death of any one person, and up to the sum of $300,000.00 for injury to or death of more than one person in any accident, and for the payment of any final judgment up to the sum of $50,000.00 for damage to property, that may be rendered against the insured applicant for injury, death or damage caused by or arising out of the operation of any vehicle owned or operated by such applicant, such insurance policy to be subject to the approval of the City Manager, and such policy of insurance to contain a clause obligating the company issuing the same to give twenty (20) days' notice in writing to the City Manager before cancellation thereof. And such other information as the Council of the City of Roanoke may in its discretion require. That notice of such application has been or shall be given to all other persons holding a certificate hereunder within five days from the filing of such application with the City Clerk. Sec. 4. Hearing on application. Upon receipt of an application or a certificate, the City Council shall fix a time and place for hearing the applicant and may refer the application to the City Manager for consideration and recommendation. No certificate shall be granted unless the Council shall find, after appropriate investigation and hearing, that the public convenience and necessity require the proposed ambulance service or proposed transporta- tion service for handicapped persons. In determining whether the public convenience and necessity require the operation of an ambulance or ambulances or vehicle or vehicles for the transportation of handicapped persons for which application for a certificate is made, the Council shall consider: 1.) the statements made in the application; 2.) the adequacy of existing ambulance service or trans- portation service for handicapped persons; 3.) the financial responsiblity, experience and character of the applicant; 4.) the public need for additional service; 5.) the ability of existing holders of a certificate to provide any necessary additional ser- vice; 6.) recommendation of the City Manager; and any other factors pertinent to such determination. The City Council shall have the final authority in the granting or denial of a certificate of public convenience and necessity for ambulance services, and may use such authority to limit the number of ambulances and ambulance owners and/or operators which are deemed necessary to provide emergency medical services and transportation of patients in its jurisdiction, and to regulate the rates charged for ambulance services. The City Council shall have the final authority in the granting or denial of a certificate of public convenience and necessity for the operation of vehicles for the transportation of handicapped persons, and may use such authority to limit the number of such vehicles, and vehicle owners and/or operators which are deemed 412 Sec. 5. Issuance of Certificate. Upon finding that the public convenience and necessity require the proposed ambulance service or transportation service for handicapped persons, the Council shall grant to the applicant a certificate upon the terms and conditions prescribed by this chapter, provided: aJ The applicant shall have complied with all the provisions of this chapter. 0 If the application is for ambulance service, the applicant shall state in writing that the ambulance or ambulances proposed to be operated under said certificate shall be in full compliance with rules, regulations and procedures of the Virginia State Department of Health (Sections 32-310.1 to 32-310.8 of the 1950 Code of Virginia, as the same may be from time to time amended) and shall be approved by the Department for operation in the State of Virginia. Prior to the commencement of operation of any ambu- lance or ambulances under a granted certifi- cate, the applicant or certificate holder shall give evidence to the City of the above compliance and approval and shall maintain such compliance and approval during the term of the operation of any ambulance vehicle under a granted certificate. There are no unsatisfied judgments of record against the applicant. Sec. 6. Term of Certificate. Any certificate of public convenience and necessity shall be suspended or revoked by City Council after a hearing held upon thirty (30) days' written notice to any certificate holder, mailed to the last known address of such certificate holder, for the failure to comply with any provision of Title 32, Chapter 16.1 of the Code of Virginia, as amended, or for the failure to comply with any provision of this Chapter or other provisions of local, state or federal law. If upon such hearing, the Council shall find that the certificate holder has corrected any deficiencies and has brought himself into compliance with the provisions of this chapter, the certificate shall not be suspended or revoked. No certificate granted may be sold, assigned or transferred nor in any way vest in any person other than the appli- cant to whom the certificate is granted any rights or privileges under said certificate. Sec. 7. Existing Ambulances. Upon the submission of an application for public convenience and necessity as provided in Section 3 of this chapter, every owner operating a licensed ambulance or ambulances in the City of Roanoke who provided ambulance services within the City of Roanoke, on June 4, 1970, and who has continued to provide such services up to and including the effec- tive date of this ordinance, and who shall submit evidence satisfactory to the City Council of such continuing services shall be entitled to a certifi- cate of public convenience and necessity pursuant to the provisions of this chapter for that portion of the City so continuously served, provided that all other requirements of this chapter have been met. Any ambulance service operating in the City of Roanoke pursuant to a certificate of public conveni- ence and necessity issued under the provisions of this chapter, which ambulance service provides transportation service for handicapped persons as of January 24, 1977, may continue to provide such service under its existing certificate of public convenience and necessity. Sec. 8. Exemptions. No certificate of public convenience and necessity shall be required for an ambulance, or for the driver, attendant, or attendant-driver of an ambulance which is rendering assistance to licensed ambulances in the City of Roanoke in the case of a major catastrophe or emergency with which the licensed ambulances of the £itv are insufficient or unable to code. No certificate of public convenience and necessity shall be required for an ambulance or vehicle for the transportation of handicapped persons, or for the driver, attendant driver of an ambulance or vehicle for trans- portation of handicapped persons which is operated from a location or headquarters outside the City and is engaged in the transportation of a patient or handicapped person from a point beyond the limits of the City to a location within the City or is engaged in the transportation of a patient or handicapped person through the City or is engaged in the transportation of a patient or handicapped person from a location within the City to a location outside of the City but no owner, operator or ambulance or vehicle for the transportation of handicapped persons performing services as set forth in this section shall routinely or with regularity transport patients or handi- capped persons from within the City to other locations within the City unless such owner or operator shall hold a valid certificate of public convenience and necessity issued under the provisions of this ordinance. Sec. 9. a. 1.) 2.) be Violations. It shall be a misdemeanor for any person to: Obtain or receive ambulance services or services for the transportation of handi- capped persons without intending at the time of obtaining or receiving such services to pay, if financially able, the necessary charges. A determination that the recipient of such services has failed to pay for the services rendered for a period of ninety (90) days after request for payment, and that the recipient is financially able to do so, shall raise a presumption that the recipient of the services did not intend to pay for the services at the time they were received or obtained; or Knowingly and willfully summon an ambulance or report that an ambulance is needed when such person knows that the services of an ambulance are not needed. Any violation of the provisions of this chapter shall be a misdemeanor subject to a fine not exceeding five hundred dollars or imprisonment not exceeding thirty (30) days, or both such fine and imprisonment. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23459. A RESOLUTION expressing appreciation to all those involved in the Wonju Day celebrations for 1976. WHEREAS, this Council appreciates the good will of all persons and organizations from the cities of Wonju and Roanoke whose hard work and dedication made the Wonju Day celebrations for 1976 a resounding success; and WHEREAS, a public street of the City of Roanoke has been named Wonju Street in honor of the City of Roanoke's distinguished sister city, Wonju, Republic of Korea. 413 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City of Roanoke expresses its appreciation to all persons and organizations who participated in the Wonju Day celebrations for 1976, the City of Roanoke having honored its distinguished sister city by naming one of its public streets as Wonju street. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to send an attested copy of this resolution to the Mayor of Wonju, Republic of Korea. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23460. A RESOLUTION urging the City's representatives in the 1977 Session of the General Assembly to vigorously oppose House Bill 1287 which would amend Section 46.1-172 of the Code of Virginia, 1950, as amended, to eliminate the requirement that motorcycle operators and passengers wear protective helmets. BE IT RESOLVED by the Council of the City of Roanoke that this Body strongly urges the City's representatives in the 1977 Session of the General Assembly to vigorously oppose House Bill 1287 which would amend Section 46.1- 172 of the Code of Virginia, 1950, as amended, to eliminate the requirement that motorcycle operators and passengers wear protective helmets. BE IT FURTHER RESOLVED that attested copies hereof be transmitted by the City Clerk to the members of the 1977 General Assembly representing the City of Roanoke. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23461. AN ORDINANCE accepting the proposal of Southwest Construction, Inc., for making certain repairs in three primary digesters at the City's Sewage Treatment Plant; authorizing the proper City officials to execute the requisite contract; rejecting another bid; and providing for an emergency. 415 WHEREAS, at the Council meeting held on January 4, 1977, and after due and proper advertisement had been made therefor, two (2) bids were received by the City for certain repairs in three primary digesters at the City's Sewage Treatment Plant, which said bids were opened and read before the Council and thereafter referred to a committee for study and recommendation; and WHEREAS, said committee has recommended to the Council the acceptance of the bid hereinafter mentioned, it being the lowest and best bid received by the City, meeting all of the City's specifications and requirements for said work, and funds sufficient to pay for the same have been or are being appropriated; and WHEREAS, for the usual daily operation of the municipal government it is necessary that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of Southwest Construction, Inc., for making certain repairs in three primary digesters at the City's Sewage Treatment Plant, as described in the City's plans and specifications therefor, for a lump sum of $34,720.00, cash, upon satisfactory completion of said work, 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 sai~ biaaer, 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 approved by the City Attorney, and the cost of the work when completed to be paid for out of funds appropriated by the Council for the purpose; and 3. That the other bid made to the City for the aforesaid work be and said other bid is hereby REJECTED; the City Clerk to so notify said other bidder and to express the City's appreciation for said bid. BE IT FURTHER ORDAINED that, an emergency exists and that this ordinance shall be in force and effect upon its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23462. A RESOLUTION directing the City Manager to establish a plan to insure citizen participation in the preparation of community development block grant applications. 416 BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be; and he hereby is, directed to establish a plan to insure citizen participation in the preparation of community development block grant applications, which plan shall provide for; (1) when and how information will be disseminated concerning the amount of funds available for projects that may be undertaken, along with other important program requirements; (2) when hearings will beheld; (3) when and how citizens will have an opportunity to participate in the developmen~ of the application prior to submission; (4) when and how any technical assistance the recipient may choose to provide, will be made available to assist citizen participants to understand program requirements such as Davis-Bacon, environmental policies, equal opportunity requirements, relocation provisions and like requiremen~ in the preapplication process; and (5) the nature and timing of citizen participati¢ in the development of any future community development program amendments, including reallocation of funds and designation of new activities or locations, and such plan shall likewise insure that citizens likely to be affected by com- munity development and housing activities, including low and moderate income persons, have been afforded an adequate opportunity to articulate needs, express preferences about proposed activities, assist in the selection of priorities, and otherwise participate in the development of the application, and have had individual and other complaints answered in a timely and responsive manner. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23463. AN ORDINANCE authorizing the payment of a certain sum to Blain Supply Co., Inc., as a result of certain work necessitated by the Trout Run Interceptor Sewer Project being performed for the City, upon certain terms and conditions; and providing for an emergency. WHEREAS, the Assistant City Manager, by report dated January 17, 1977, has advised the Council of the occurrence of certain damage to the property of Blain Supply Co., Inc., by reason of work being performed for the City relating to the Trout Run Interceptor Project and has recommended that payment of the sum of $2,000.00 in full and complete settlement of such claim as Blain Supply Co., Inc., may have for such damage through and including February 28, 1977, and has further recommended payment of $40.00 per day for any such damages occurring after February 28, 1977, in which recommendations the Council concurs. WHEREAS, funds sufficient to pay the aforesaid amount are available and it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to pay to Blain Supply Co., Inc., the sum of $2,000.00, in full and complete satisfaction of Blain Supply Co., Inc.'s claim for damages through and including February 28, 1977, to such Company's property by reason of the work being performed for the City relating to the Trout Run Interceptor Sewer Project and to make additional payment for any damage occurring after February 28, 1977, at the rate of $40.00 per day. BE IT FURTHER ORDAINED that such payments herein authorized shall be made only upon receipt of an appropriate release from Blain Supply Co., Inc., releasing the City from further claim for damages, approved as to form by the City Attorney. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance take effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23464. AN ORDINANCE providing for the purchase of certain asphalt equipment for use by the City, upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said equipment; rejecting another bid; and providing for an emergency. WHEREAS, on December 22, 1976, and after due and proper advertisement had been made therefor, two (2) bids for the supply to the City of the equipment hereinafter mentioned were opened in the office of the Manager of Purchasing and Materials Control by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the Committee's report has transmitted the same to the Council, recommending award of the contract as hereinafter provided; and the Council considering all of the same has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said equipment, and funds sufficient to pay for the purchase price of said equipment has been or is being appropriated for the purpose; and WHEREAS, for the usual daily operation of the municipal government, it is necessary that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Municipal Sales Company, Incorporated, made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, the following equipment: 417 418 Item No. 1. One (1) New 10 cubic feet, Bituminous Mixer, McConnaughay Model HTD-10T .......................... Item No. 2. One (1) New Four-Ton Capacity Portable Asphalt Storage Unit/Maintainer, Powerway Model 4TSU ................................................... $ 12,485.00 $ 7,365.00; 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 for the aforesaid purchase price, not to exceed the sum $19,850.00. BE IT FURTHER RESOLVED that the other bid made to the City for the supply of said equipment be and is hereby REJECTED; the City Clerk to so notify said other bidder and to express the City's appreciation for said bid. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall be in force and effect upon its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23465. AN ORDINANCE accepting bids and awarding contracts for the construction of a new 20-inch water line, Contract A, on Monticello Boulevard and Mary Linda Avenue, N. E., and for furnishing altitude valve to provide suction water to the Statesman Park Pumping Station, Contract B., upon certain terms and conditions; rejecting certain other bids made therefor; and providing for an emergency. WHEREAS, at the meeting of the Council held on January 4, 1977, and after due and proper advertisement had been made therefor, four (4) bids made to the City for constructing a 20-inch water line, Contract A., on Monticello Boulevard and Mary Linda Avenue, N. E., and for furnishing altitude valve to provide suction water to the Statesman Park Pumping Station, Contract B, were opened and read before the Council and thereafter referred to a committee for tabulation, study and recommendation back to the Council; and 419 WHEREAS, said committee has reported to the Council, under date of January 17, 1977, from which report it appears that the bids hereinafter accepted represent the best bids made to the City, meeting all of the City's specifications for said work, and should be accepted; and WHEREAS, funds have been appropriated by the Council sufficient to pay the cost of the contracts hereinafter authorized to be entered into and, for the usual daily operation of the municipal government it is necessary that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of E. C. Pace & Co., for furnishing all tools, labor, machinery and materials necessary to construct a new 20-inch water line on Monticello Boulevard and Mary Linda Avenue, N. E., Contract A, in full accordance with the City's specifications made for said work, for the sum of $150,610.00, be and said bid is hereby ACCEPTED; and 2. That the bid of Flow Industries, Inc., for furnishing altitude valve to provide suction water to the Statesman Park Pumping Station, Contract B., in full accordance with the City's specifications made for said work, for the sum of $2,280.00, be and said bid is hereby ACCEPTED; and 3. That the City Manager and the City Clerk be, and they are hereby authorized and directed to enter into the aforesaid written contracts on behalf of the City with the aforesaid successful bidders for the construction of the 20-inch water line, Contract A., aforesaid and for furnishing altitude valve to provide suction water to the Statesman Park Pumping Station, Contract B., aforesaid, said contracts to have incorporated therein the City's requirements and specifications made therefor, the bidders' proposals 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 of said specification, the Director of Finance shall be, and is hereby authorized to make payments to said contractors in accordance with the provisions of this ordinance and said contracts, charging said payments to appropriations heretofore made by the Council for the 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. BE IT FURTHER ORDAINED that an emergency exists and this ordinance ATTEST: shall be in force upon its passage. APPROVED City Clerk Mayor 42O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23466. A RESOLUTION adopting a Bicentennial Pledge for the City of Roanoke. WHEREAS, SING OUT ROANOKE VALLEY, a group of Roanoke Valley youngsters dedicated to a better understanding of the diverse cultures of the world through musical presentations both at home and abroad, have presented to the City a Bicentennial Pledge, a copy of which is on file in the office of the City Clerk, and has requested the Council to adopt such pledge as the pledge of the City of Roanoke in its continuing efforts to foster better community, national and world relations. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke; that the Council, for and on behalf of itself and the citizens of the City, pledges: "To so live that America finds true freedom -- not freedom to do as we wish, but freedom to do 'the right as God gives us to see the right'." "To answer corruption in the nation, starting with absolute honesty in all our own dealings." "To buy on the basis of need and not of greed, and to refuse to make selfish demands of our workers, employers or government." "To set a pattern for unselfish living that can break the bottlenecks of waste, greed and graft which rob the hungry in a world of plenty." "To uphold the sanctity of marriage, and to base family life on honesty, undemanding care and goals beyond self-fulfillment and material suc- cess." "To cure the hate that spawns violence by our caring and compassion." "To open our homes and hearts to those of all races, faiths and social conditions. To restore broken relationships by putting right past wrongs." "To listen to God each day, seeking the inspired plan for our life and work, and accepting change in our basic motives where needed." "To build a world free from blame and indif- ference, hate and fear, and governed by men and women who are governed by God." APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23467. A RESOLUTION relating to MR. AYLETT B. COLEMAN, retiring member of the Roanoke City Planning Commission. WHEREAS, Mr. Aylett B. Coleman, a member of the Roanoke City Planning Commission since his first appointment made on February 14, 1966, indicated a desire not to be again appointed to said Commission after expiration of his term of office on December 31, 1976; and WHEREAS, being a native of the City and for a number of years closely connected with its business interests in his position as a real estate broker and land developer, has contributed much towards carrying out the duties and responsibilities of the Planning Commission; and this Body desires to take official notice of such fact. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council extends to MR. AYLETT B. COLEMAN, a former member of the Roanoke City Planning Commission, its appreciation for the years of service devoted by him to the public as a member of said Commission from February 14, 1966, through December 31, 1976; and does direct that the City Clerk transmit to Mr. Coleman as evidence of such fact an attested copy of this resolution together with the City's Certificate of Merit awarded in such instances. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23468. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: TITLE XX, SERVICES #1540 Protection Services Adult #20060 (1) ......... $ 28,126.62 Day Care for Children #20062 (2) ............. 32,755.72 Day Care for Adults #20063 (3) ............... 37,364.97 Training to Maximize Independence #20065 (4).. 36,757.62 Transportation Services #20061 (5) ........... 24,282.45 (Revenue Estimate Increase $44,378.90) COMMONWEALTH'S ATTORNEY #0710 Travel and Education #230 (6) ................ 11,961.00 (Revenue Estimate Increase $1,957.95) COMMISSIONER OF REVENUE #0403 Materials and Supplies #300 (7) .............. 21,314.00 REFUSE COLLECTION #1669 Other Services and Charges #200 (8) .......... 270,298.00 (Revenue Estimate Increase $59,582.00) Anti-recession fiscal assistance BUS COMPANY SUBSIDY #1832 Temporary Advances #70602 (9) ................ 547,880.00 (Revenue Estimate Increase 421 422 (1) Net ~ncrease. (2) Net increase (3) Net increase (4) Net increase (5) Net increase- (6) Net ~ncrease (7) Net increase (8) Net ~ncrease (9) Net ~ncrease $ 7,873.40 8,664.30 10,695.29 11,812.42 5,333.49 2,061.00 8,474.00 160,298.00 547,880.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23469. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Programs Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Programs Account, be, and the same is hereby, amended and reordained to read as follows, in part: C.E.T.A. ADMINISTRATION #3577 Unobligated Funds, Title II #72017 (1) ..... $ 64,276.00 Unobligated Funds, Title VI #72021 (2) ..... 304,326.00 (1) Net increase ................ $ 64,276.00 (2) Net increase 304,326.00 (Revenue Estimate Increase $368,602.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23470. AN ORDINANCE to amend and reordain Section #2401, "Capital Outlay From Revenue," of the 1976-77 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 Section #2401, "Capital Outlay From Revenue," of the 1976-77 Water Fund Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE #2401 20-inch Water Line Rt. 460 #908 (1) ......... $152,890.00 (1) Net increase .......... $52,890.00 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 24th day of January, 1977. No. 23472. A RESOLUTION advising the Federal Communications Commission of the United States Government that certain objectionable programs have been or are being offered on cable television in the Roanoke Valley and requesting the Federal Communications Commission to review the programs now being offered to ascertain whether they violate said commission's regulations or guidelines. WHEREAS, the Council has been advised that certain programs have been or are being offered on cable television in the Roanoke Valley, which programs appear to be contrary to the contemporary moral standards of this community; and WHEREAS, the Federal Communications Commission of the United States Government is the sole governmental body which regulates cable television programmin THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council advises the Federal Communication Commission of the United States Government that certain programs have been or are being offered on cable television in the Roanoke Valley, which programs appear to be contrary to the contemporary moral standards of this community and does request the Federal Communications Commission to review the programs now being offered on cable television in the Roanoke Valley to ascertain whether they violate said commission's regulations or guidelines. 423 424 BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to transmit an attested copy of this resolution to the Chairman of the Federal Communications Commission and to the City's Congressional Representative, the Honorable M. Caldwell Butler, and to the United States Senators for the State of Virginia, the Honorable Harry F. Byrd, Jr., and the Honorable William L. Scott. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23473. AN ORDINANCE authorizing employment of Peat, Marwick, Mitchell & Co., to perform annual audits of the City's finances for each of the fiscal years ending June 30, 1977, June 30, 1978, and June 30, 1979, upon certain terms and conditions; and providing for an emergency. WHEREAS, the Council's Audit Committee, after inviting proposals from certain local firms of certified public accountants, has recommended that the services of Peat, Marwick, Mitchell & Co., be engaged under contract, for the purpose hereinafter provided, and has submitted to the Council a written pro- posal of that firm dated January 17, 1977, setting out the services proposed to be rendered and the compensation to be received therefor, a copy of which is on file in the office of the City Clerk; and the Council considering the Committee report, concurs in the recommendation made therein; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and is hereby authorized and directed for and on behalf of the City, to enter into written agreement, upon form approved by the City Attorney with Peat, Marwick, Mitchell & Co., Certified Public Accountants, engaging the services of said firm to annually audit the financial records and accounts of the City for each of the fiscal years ending June 30, 1977, June 30, 1978, and June 30, 1979, the scope of said firm's examinations and of its reports to be made thereof to be as set out in its proposal made to the City's Audit Committee dated January 17, 1977; said firm to be paid by the City for its aforesaid annual services, on monthly billings made to the City, an annual fee based upon the time expended by the accountants on the engagement charged at the standard hourly rate for the individuals involved in the audit, such annual fees, however, not to exceed the following, without the prior approval of the City Council, viz: a. For the year ending June 30, 1977 - $ 30,000.00 b. $30,000.00 adjusted either up or down, according to the change in the annual average of the Bureau of Labor Statistics Consumer Price Index, U. S. City Average, for the City's fiscal year ending June 30, 1978. c. $30,000.00 adjusted, either up or down, according to the change in the annual average of the Bureau of Labor Statis- tics Consumer Price Index, U. S. City Average, for the City's fiscal year ending June 30, 1979; the Consumer Price Index, U. S. City Average, for the twelve (12) months ending June 30, 1977, (1967 = 0) to be taken as the base for the purpose of measuring any change in the annual fees to be paid by the City hereunder for the fiscal years ending June 30, 1978, and June 30, 1979; provided, however, should the accountants find the records of the City not being properly maintained on a reasonably current basis or become aware of any major defalcations or should said accountants fail to receive necessary assistance of City employees in pre- paring analyses of accounts for their use and in performing routine tasks under their directions, said accountants will so report to the Audit Committee of the Council and will proceed with the work only when authorized by the Council. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor 425 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1977. No. 23474. AN ORDINANCE to amend and reordain Section #0301, "City Attorney," of the 1976-77 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 #0301, "City Attorney," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY ATTORNEY #0301 Other Services and Charges #200 (1) ........ $7,000.00 (1) Net increase ................ $5,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED 426 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1977. No. 23471. 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 premises to be served by one water meter, under certain conditions. WHEREAS, the City Manager in his November 22, 1976, report to the Council, recommended that the City's Water Department rules and regulations be amended to provide for more than one premises to be served by one water meter under certain conditions, in which recommendation the Council concurs. THEREFORE, 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 a section of one premises heretofore served by one meter is conveyed to another owner and the new pre- mises created by this conveyance is not contiguous to a public street, the new premises and the original pre- mises 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 of the respective premises ~o De serveu Dy the original meter, which agreement shall include those pro- visions 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 premises shall be liable for the payment for water consumption registered through the meter and that the city manager shall have the option of requiring a separate meter at a later date for the new premises. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1977. No. 23475. AN ORDINANCE to amend and reordain "Schools - Comprehensive Employment Training Act, Title II," of the 1976-77 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 "Schools - Comprehensive Employment Training Act, Title II," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 427 SCHOOLS - COMPREHENSIVE EMPLOYMENT TRAINING ACT, TITLE II Clerical - Administration (1) .............. $ 4,097.91 Teachers (2) ............................... 1,666.00 Clerical - Instruction (3) ................. 5,458.31 Clerical - Elementary Schools (4) .......... 16,617.69 Teachers Aides (5) ......................... 18,714.34 Operational Services Personnel (6) ......... 22,975.14 Maintenance Personnel (7) .................. 15,838.08 Retirement Benefits (8) .................... Social Security Benefits (9) ............... Health Insurance (10) ...................... Group Life Insurance (11) .................. Cafeteria Managers and Workers (12) ........ Social Security Benefits - Cafeteria (13) .. 1,579.68 4,989.10 1,068.03 585.35 299.72 17.50 Not previously appropriated (1) Net ~ncrease--- (2) Net increase (3) Net ~ncrease (4) Net ~ncrease--- (5) Net increase ........ (6) Net ~ncrease ........ (7) Net increase ........... (8) Net increase-- (9) Net increase (10) Net ~ncrease ..................... (11) Net ~ncrease ............... (12) Net ~ncrease ............... (13) Net ~ncrease-- ---$ 4,097.91 1,666.00 5,458.31 16,617.69 18,714.34 22,975.14 15,838.08 1,579.68 4,989.10 1,068.03 585.35 299.72 17.50 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1977. No. 23476. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of First Baptist Church, by its Trustees, to permanently vacate, discontinue and close an alley more specifically described below; and referring the proposal to the City Planning Commission for study and recommendation. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of First Baptist Church, by its Trustees, that said petitioner did on January 24, 1977, duly and legally publish, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of its application to the Counci of the City of Roanoke, Virginia, to vacate and 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 of the City Sheriff appended to the application addressed to the Council requesting that the hereinafter des- cribed alley be permanently vacated, discontinued and closed; and 428 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 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., 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 alley and report in writing, pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing the same, namely: All that certain alley extending in a southerly direction from Luck Avenue, S. W. along the eastern boundaries of Lots 1 through 5, inclusive, Word Map, and thence in a westerly direction along the southern boundary of Lot 5, Word Map to 3½ Street, S. W. BE IT FURTHER RESOLVED that the aforesaid Application to permanently vacate, discontinue and close the within described alley, be, and said application is hereby, referred to the City Planning Commission for study and recommendation to the Council of the City of Roanoke, Virginia. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1977. No. 23477. AN ORDINANCE to amend and reordain Section #1527, "Juvenile Detention Home," of the 1976-77 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 #1527, "Juvenile Detention Home," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE DETENTION HOME #1527 Salaries and Wages (1) ................. $156,535.00 Materials and Supplies (2) ............. 30,500.00 Extra Help (3) ......................... 12,000.00 Transfer (1) Net decrease $1,500.00 (2) Net decrease ........ 2,500.00 (3) Net increase 4,000.00 429 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1977. No. 23478. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: COMMUNITY DEVELOPMENT BLOCK GRANT New Southwest Park (1) ............. $ 2,053.82 Deanwood Road Project (2) .......... 74,856.50 ~urt Park (3) ...................... i55,345.08 Gainsboro (4) ...................... 270,204.37 Transfer (1) Net decrease ............. $18,743.00 (2) Net increase 10,677.00 (3) Net increase--- 3,678.00 (4) Net increase ............. 4,388.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1977. No. 23479. AN ORDINANCE to amend and reordain Section #1475, "Parks and Recreation," of the 1976-77 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 #1475, "Parks and Recreation," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 430 PARKS AND RECREATION #1475 Other Services and Charges (1) ......... $6,730.00 Not previously appropriated (1) Net increase. $2,930.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1977. No. 23480. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 6rant Program% Account, be, and the same is hereby, amended and reordained to read as follows, in part: T.A.P., COORDINATED YOUTH SERVICES #A357458 Fees for Professional Services (1) ......... $56,169.00 Not previously appropriated (1) Net increase ....... $56,169.00 *$50,552.00 to be reimbursed from D.J.C.P. Block funds, $2,809.00 to be reimbursed from D.J.C.P. General funds, and $2,808.00 local cash match BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1977. No. 23481. 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 continuing a "Coordinate( Youth Service" Program in the City. WHEREAS, pursuant to prior authority of this Council, there have been filed on behalf of the City with the Division of Justice and Crime Prevention several applications for action grant awards of Federal funds pursuant to the Law Enforcement Assistance Act; and WHEREAS, the Division of Justice and Crime Prevention has awarded funds to the City pursuant to Grant No. 77-A3948, subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards", said Grant totaling $56,169.00 with $50,552.00 from DJCP block funds, $2809.00 from DJCP General fund appropriation and $2808.00 from TAP local funds; and WHEREAS, the City Manager recommends to the Council that Grant No. 77- A3948 be accepted upon such special conditions aforesaid, in which recommendation this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, as follows: 1. That Byron E. Haner, City Manager, be and 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-A3948 to be used to aid and implement a "Coordinated Youth Services" program in the City; and 2. That the said City Manager be and is further authorized and directed to enter into an agreement, approved as to form by the City Attorney, with Total Action Against Poverty in Roanoke Valley (TAP) to perform the services necessary to implement the grant project and to provide necessary and pertinent records required to enable the City to make such assurances, representations and agreements to conditions as are required of recipients of grants of such Fed. eral funds and to further require a fidelity bond in favor of the City in the premises; and 3. 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 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1977. No. 23482. AN ORDINANCE to amend and reordain Section #1675, "Snow Removal," of the 1976-77 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. 431 432 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #1675, "Snow Removal," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SNOW REMOVAL #1675 Materials and Supplies (1) .............. $50,450.00 Not previously appropriated (1) Net increase $23,750.00 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 7th day of February, 1977. No. 23483. A RESOLUTION approving a plan established by the City Manager to insure citizen participation in the Community Development Block Grant Program. WHEREAS, pursuant to authority conferred upon him by Resolution No. 23462, adopted January 24, 1977, the City Manager in conformity with the guideline and criteria set forth in said resolution, has established a plan to insure citizen participation in the Community Development Block Grant Program, a copy of which plan is on file in the Office of the City Clerk. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that that certain plan entitled "Roanoke Community Development Block Grant Program, Citizen Participation Plan" bearing date of February 7, 1977, established by the City Manager pursuant to the guidelines and criteria set forth in Resolution No. 23462, adopted January 24, 1977, be and such plan hereby is APPROVED. BE IT FURTHER RESOLVED that a copy of such plan be and it hereby is directed to be lodged in the Office of the City Clerk. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1977. No. 23484. A RESOLUTION establishing, until further order of the Council, the rate of reimbursement per mile to be paid to employees of the City for the use of privately owned personal motor vehicles on City business. WHEREAS, the City Council is authorized by Title II. Chapter 13.1., Sec. 17. to establish, from time to time, a rate of reimbursement per mile to be paid to employees of the City for the use of privately owned personal motor vehicles on City business. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the rate of reimbursement per mile to be paid to employees of the City for the use of privately owned personal motor vehicles on City business be, and it is hereby established at the rate of fifteen cents ($.15) per mile until further order of the Council. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1977. No. 23486. AN ORDINANCE to amend and reordain Section #0102, "Clerk," of the 1976-77 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 #0102, "Clerk," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CLERK #0102 Advertising (1) ................ $11,580.00 Not previously appropriated (1) Net increase $6,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 433 4.34 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1977. No. 23487. AN ORDINANCE authorizing the City's purchase from Elois Graves Construction Corporation, assets of the Dansbury Acres water system, located in the northwestern section of the City, upon the terms and conditions hereinafter provided; and providing for an emergency. WHEREAS, the Water Resources Committee, in report dated February 7, 1977, has recommended that the City purchase certain physical and real assets of the Dansbury Acres water system, operated as a private water company by the Elois Graves Construction Company, in an area in the northwestern section of the City, upon the terms and conditions hereinafter provided, in which recommendati the Council concurs; and WHEREAS, funds sufficient to pay the purchase price of the water system authorized to be purchased have been heretofore appropriated for the purpose; and it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be and are hereby authorized and empowered to purchase for the City for a consideration of $2,500.00, from the Elois Graves Construction Corporation, assets of Dansbury Acres water system located in the northwestern section of the 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 said water system in the City, but expressly excluding any well lots, well houses, wells and pumps of said water system located in the City, upon~delivery to the City of good and sufficient deed of conveyance or bill of sale, 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 Elois Graves Construction Corporation relinquish its franchise to sell water in the City of Roanoke to the State Corporation Commission and that the City retain the right to operate the wells of the Dansbury Acres water system in the City until the connections are made from said water system's customers located in the City to the City's water system, said period of time, however, not to exceed ninety days. BE IT FURTHER ORDAINED that an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor ~n 435 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1977. No. 23488. AN ORDINANCE amending 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 the addition of a new rule to be numbered Rule 23.1., relating to the City's exclusive right to provide for extension and development of water systems in the City; and providing for an emergency. WHEREAS, the Water Resources Committee, in report dated February 7, 1977, has recommended that the rules of the water department be amended to provide that the City through its Water Department has the exclusive right to provide for extension and development of water systems in the City, in which recommendation the Council concurs. WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that 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 by the addition of a new rule to be numbered Rule 23.1, to read and provide as follows: Rule 23.1. Notwithstanding any other rule of the water department to the contrary, no person, corporation, firm, partnership, or association other than the Citv shall extend or develop a public water system within the City nor shall any such person, corporation, firm, partnership, or association develop and provide water supplies for the use of other persons, corporations, firms, partnerships, or associations, except that a person may develop and supply water for the personal use of himself and his dependents and a corporation, firm, partnership or association may develop and supply water for its own use. BE IT FURTHER ORDAINED that an emergency exists and that 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 7th day of February, 1977. No. 23489. A RESOLUTION recognizing the services of JOHN H. MITCHELL rendered as Acting Director of Finance for the City of Roanoke. WHEREAS, John H. Mitchell served the City in an exemplary manner as Acting Director of Finance from November 1, 1976, to December 31, 1976, and the Council desires to make special recognition of the services rendered by him as Acting Director of Finance for the City during the aforesaid time period; and 436 WHEREAS, John H. Mitchell served the City ably and loyally as Acting Director of Finance during the aforesaid time period in the same exemplary manner as he has always done, displaying particular expertise in the financial analysis of certain annexation decisions, City employees' retirement system activities, city investments and other key financial decisions. THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke that the Council adopts this means of recognizing the very meritorious services rendered this City by John H. Mitchell, Senior Assistant Director of Finance, during the time period in which he served as Acting Director of Finance. BE IT FURTHER RESOLVED that the City Clerk transmit to Mr. Mitchell an attested copy of this resolution of appreciation on behalf of the Council. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1977. No. 23490. ~ R~S~LD~Z~N recognizing the services of JA~S L. BUChhOL~Z, ~SQUIRE, rendered as Acting City Attorney for the City of Roanoke. WHEREAS, James E. Buchholtz served the City in exemplary fashion as Acting City Attorney from January 5, 1977, to January 30, 1977, and the Council desires to make special recognition of the services rendered by him as chief counsel for the City during the aforesaid time period; and WHEREAS, James E. Buchholtz served the City ably and loyally as Acting City Attorney during the aforesaid time period in the same manner as he has always done, displaying particular expertise and skill in the area of annexation law and related matters and proving himself a worthy advocate on behalf of the City in litigation resulting therefrom. THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke that the Council adopts this means of recognizing the very meritorious services rendered this City by James E. Buchholtz, Senior Assistant City Attorney, during the time period in which he served as Acting City Attorney. BE IT FURTHER RESOLVED that the City Clerk transmit to Mr. Buchholtz an attested copy of this resolution of appreciation on behalf of the Council. ATTEST: City Clerk APPROVED Mayor 437 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1977. No. 23485. AN ORDINANCE authorizing and providing for the City's conveyance to Wometco Coca-Cola Bottling Company of Roanoke, Inc., of a portion of a former alley, which was heretofore vacated and closed by Ordinance No. 23400, upon certain terms and conditions. WHEREAS, Wometco Coca-Cola Bottling Company of Roanoke, Inc., has requested the City to convey to it a certain portion of an alley which has been closed by Ordinance No. 23400, and the office of the City Attorney has recommended that the Council authorize said conveyance on the terms and provisions herein provided, in which recommendation the Council concurs. THEREFORE, 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 of conveyance to Wometco Coca-Cola Bottling Company of Roanoke, Inc., that certain portion of an alley heretofore closed by Ordinance No. 23400, as shown on a plat prepared by Buford T. Lumsden & Associates, P.C., Certified Land Surveyors, Roanoke, Virginia, dated January 19, 1977, upon such form as is approved by the City Attorney, granting and conveying with Special Warranty of title, to Wometco Coca-Cola Bottling Company, Inc., title to the abovedescribed property for a nominal consideration, said deed to reserve to the City any existing easements for water lines, sewer lines, mains or other public utilities; and that the City Clerk be, and is hereby authorized and directed to affix to the aforesaid deed of conveyance the City's seal, and to attest the same, the signatures of the Mayor and the City Clerk to be acknowledged by each of them as provided by law; thereafter said deed to be delivered to the City's said grantees. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1977. No. 23491. AN ORDINANCE to amend and reordain "Schools - Adult Education and DIAL Programs," and "Schools - Indochinese Migration Act," of the 1976-77 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. 438 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that "Schools - Adult Education and DIAL Programs," and "Schools - Indochinese Migration Act," of the 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - ADULT EDUCATION AND DIAL PROGRAMS DIAL Supplies (1) .............. $1,500.00 Adult Basic Education Supplies (2) .................. 1,000.00 SCHOOLS - INDOCHINESE MIGRATION ACT Indochinese Migration Act (3) .. 161.07 Not previously appropriated (1) Net increase $1,500.00 (2) Net increase 1,000.00 (3) Net increase 161.07 *(1) and (2) to be 100% reimbursed from federal funds (3) 100% reimbursement received and deposited in City Treasurer's Office BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1977. No. 23492. AN ORDINANCE to amend and reordain Section #0707, "Clerk of Circuit Court," of the 1976-77 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 #0707, "Clerk of Circuit Court," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CLERK OF CIRCUIT COURT #0707 Other Services and Charges (1) ........... $26,231.41 Not previously appropriated (1) Net increase $3,731.41 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1977. No. 23493. AN ORDINANCE to amend and reordain Section #2405, "Capital Outlay From Bond Funds," and Section #2401, "Capital Outlay From Revenue," of the 1976-77 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 #2405, "Capital Outlay From Bond Funds," and Section #2401, "Capital Outlay From Revenue," of the 197677 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM BOND FUNDS #2405 Plant Expansion (1) ................ $1,351,536.87 CAPITAL OUTLAY FROM REVENUE #2401 Digester Repairs (2) ............... 40,000.00 Transfer (1) Net decrease $40,000.00 (2) Net increase .......... 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 439 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1977. No. 23494. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: CETA ADMINISTRATION TITLE I Unobligated Funds (1) ............ $62,569.41 Not previously appropriated (1) Net increase ........... $38,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 440 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1977. No. 23496. A RESOLUTION relating to the relocation or adjustment of utility facilities in connection with the City's Route 24 and 13th Street Projects designated as Highway Projects 0024-128-103, RW-201, C-501 and U000-128-102, RW- 201, C-501, C-502, B-605, B-604. WHEREAS, the Virginia Department of Highways and Transportation proposed to construct or otherwise improve a section of roadway on Route 24 from llth Street to 19th Street and a section of roadway on 13th Street from Riverdale Road to Dale Avenue designated as Highway Projects 0024-128-103, RW-201, C-501 and U000-128-102, RW-201, C-501, C-502, B-605, B-604; 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 Projects; 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 City of Roanoke Roanoke Gas Company The Chesapeake & Potomac Telephone Company of Virginia Appalachian Power Company TYPE OF FACILITY Water, Sanitary Sewer and Traffic Signals Gas Telephone Electric Light and Power. BE IT FURTHER RESOLVED that attested copies hereof be transmitted through the proper channels of communication by the City Manager to the Commonwealt of Virginia, Department of Highways and Transportation. APPROVED ATTEST: City Clerk Mayor 441 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1977. No. 23498. A RESOLUTION initiating and providing for the permanent closing, vacating, discontinuing and abandonment of a certain portion of a certain 10- foot wide alley, extending in a westerly direction approximately 225 feet from the westerly line of a 10-foot wide alley, adjacent to the westerly side of the Juvenile and Domestic Relations Court building, and situate generally between Lots 13 through 20, inclusive, of the W. W. Coe Map on the north and Lots 42 through 49, inclusive, of the W. W. Coe Map on the south, and 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, it has come to the attention of the Council through the City Manager that a portion of that certain 10-foot wide alley, hereinafter described, will in the near future be needed for public use in connection with the City's new jail-courthouse complex, and that, accordingly, a portion of such alley should be permanently vacated, closed, discontinued and abandoned; and WHEREAS, it is this Council's desire to initiate on its own motion and pursuant to Sec. 15.1-364 of the 1950 Code of Virginia, as amended, proceedings to permanently vacate, discontinue and abandon said portion of said alley as the same is more particularly hereinafter described. 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 Sec. 15.1-364 of the 1950 Code of Virginia, as amended, to permanently close, vacate, discontinue and abandon as a public alley, in the City of Roanoke, the following: That certain portion of a 10-foot wide alley approxi- mately 225 feet in length, more particularly des- cribed as follows, to-wit: Starting at a point on the southerly right-of-way line of Campbell Ave., S. W., said point being the northeast corner of the present Lot 13 of the W. W. Coe Map; thence, with the westerly side of a 10-foot wide alley, S. 2 deg. 35' E., 141.0 feet to the actual Place of BEGINNING; thence, S. 82 deg. 16' W., 225.93 feet to a point; thence, S. 7 deg. 38' E., 225.05 feet to a point on the westerly side of said 10-foot wide alley; thence, N. 2 deg. 35' W., 10.04 feet to the Place of BEGINNING, and containing 2254.88 square feet (.052 Acre+). BE IT FURTHER RESOLVED that pursuant to the provisions of the law for such cases made and provided, Messrs. Lester K. Stover, Jr., William P. Wallace, J. Tate McBroom, Harry Whiteside, Jr., and Dale Poe, 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 abandon- ing, closing, discontinuing and vacating the same. 442 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. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1977. No. 23499. A RESOLUTION directing the City Manager to establish a procedure for authorizing and approving painting of house numbers on curbs in front of private homes as a private enterprise. WHEREAS, by report dated February 7, 1977, the City Manager has recommend that he be authorized to establish a procedure for authorizing and approving the painting of house numbers on curbs in front of private homes as a private enterpris in which recommendation Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he hereby is directed to establish a procedure for authorizing and approving the painting of house numbers on curbs in front of private homes as a private enterprise. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1977. No. 23500. A RESOLUTION accepting certain grants-in-aid from the Commonwealth representing the State's share of funds for participation in several projects being undertaken at the Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions. WHEREAS, by report dated February 7, 1977, the City Manager advised the Council of receipt of a written commitment of the Commonwealth of Virginia through the State Corporation Commission agreeing to participate, through grants- in-aid of certain State funds, in certain projects being undertaken at Roanoke Municipal Airport, Woodrum Field, and has recommended to the Council that such grants-in-aid be accepted upon the express condition that the United States of America through the Federal Aviation Administration likewise agree to participate in each such project, in which recommendation the Council concurs. 443 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that those certain grants-in-aid from the Commonwealth of Virginia for certain projects being undertaken at the Roanoke Municipal Airport, Woodrum Field, be, and the same hereby are accepted upon the express condition that the United States of America through the Federal Aviation Administration agree to full federal participa- tion in each such project. BE IT FURTHER RESOLVED that the City Manager be and he hereby is authorized to execute on behalf of the City, such documents, upon form approved by the City Attorney, as may be required relating to this acceptance and such projects. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1977. No. 23501. A RESOLUTION expressing the intent of the Council of the City of Roanoke with reference to the new jail facility to be constructe~ in the City of Roanoke. WHEREAS, the City of Roanoke has heretofore offered to Roanoke County use of the City's new jail facility to be constructed in the City of Roanoke giving to the County in said offer certain options from which to choose relating to the manner and method of such use; and WHEREAS, the City of Roanoke is advised that the City of Salem has also offered to the County of Roanoke the use of a new jail proposed to be constructed by the City of Salem in said City; and WHEREAS, the Council of the City of Roanoke is willing to extend to the City of Salem substantially the same offer heretofore made to the County of Roanoke for joint use of the City's new jail facility, offering to the City of Salem the same options aforesaid for manner and method of use; and WHEREAS, the City of Roanoke has made an analytical appraisal of both such offers heretofore made to Roanoke County, a copy of which said appraisal is on file in the Office of the City Clerk for inspection by any interested person; and WHEREAS, the City of Roanoke deems it in the best interest of all citizens of the Roanoke Valley that an independent analytical appraisal of both such offers be made; and WHEREAS, the City of Roanoke believes it is in the best interest of the citizens of all of the political subdivisions of Roanoke Valley that one joint-use regional jail facility be constructed to serve the entire Roanoke Valley. 444 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and hereby is directed to forthwith transmit to the City of Salem an offer for joint-use of the City's new jail facility to be constructed in the City of Roanoke on substantially similar terms and conditions as are contained in the offer heretofore made to the County of Roanoke for joint-use of the City's new jail facility, requesting in such transmittal that the City of Salem make response to such offer on or before March 14, 1977. BE IT FURTHER RESOLVED that the City Manager be and is hereby directed to forward to the Department of Corrections of the Commonwealth of Virginia a copy of this resolution along with copies of the several offers for joint-use of jail facilities to be and proposed to be constructed in the City of Roanoke and in the City of Salem, along with the analytical appraisal heretofore made by the City of Roanoke with reference to the offers made to the County of Roanoke for joint-use of jail facilities by the City of Roanoke and the City of Salem; and in such transmittal to the Department of Corrections to request that the Department of Corrections make an independent analytical appraisal of all such offers relating to joint-use of jail facilities in the Roanoke Valley. BE IT FURTHER RESOLVED that the City Manager be and he hereby is directed to further request that the Department of Corrections, after having made the appropriate analytical appraisal of the aforesaid offers, designate a representative of the Department to meet with appropriate representatives of the City of Roanoke, the City of Salem and the County of RoanoKe to explore and discuss the potential for an agreement between such political subdivisions for the construction and operation of one joint-use regional jail facility to serve the entire Roanoke Valley. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1977. No. 23495. AN ORDINANCE authorizing and providing for the extension of a certain lease by the City of the former Harrison Elementary School site to Total Action Against Poverty in Roanoke Valley; upon certain terms and conditions. WHEREAS, by report of February 14, 1977, the City Manager has advised the Council that Total Action Against Poverty in Roanoke Valley has requested that the City extend the lease dated December 1, 1976, to Total Action Against Poverty in Roanoke Valley of the former Harrison Elementary School site to be used as a Day Care Center upon the terms therein provided for an additional period of two (2) years in order that funds for certain needed repairs can be secured from the Department of Health, Education and Welfare of the United States, in which request Council concurs. 445 THEREFORE, 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 extension of lease agreement on behalf of the City with Total Action Against Poverty in Roanoke Valley, leasing to said organization certain areas in the former Harrison Elementary School building to be used for a Day Care Center, including the kitchen, rest rooms and playgrounds, between the hours of 6:00 a.m., and 6:00 p.m., Monday through Friday, for an additional term of two (2) years from and after November 30, 1977, the fair rental value of said premises to be waived by the City as a charitable donation, the City reserving the right to use the building at all other times during the said additional term of such lease; and such extension 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1977. No. 23497. AN ORDINANCE authorizing the sale and conveyance of the City's former Melrose Branch Library property, located at 2318 Melrose Avenue, N. W., upon certain terms and conditions. WHEREAS, the Council's Water Resources Committee has recommended in a report dated February 14, 1977, to the Council that the City sell its former Melrose Branch Library property to The Roanoke Tribune for a consideration of $9,500.00, to be paid upon execution and delivery of a deed of conveyance, in which recommendation the Council concurs. THEREFORE, 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 Melrose Branch Library property, located at 2318 Melrose Avenue, N. W., known as Lots 4 and 5, Block 102, Melrose Land Map, and bearing Official Tax No. 232220809, for a consideration of $9,500.00 to The Roanoke Tribune, said deed to be approved as to form by the City Attorney; 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 446 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1977. No. 23502. AN ORDINANCE to amend and reordain "Schools," of the 1976-77 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 "Schools," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS Administration (1) .................. $ 552,280.00 Instruction (2) ..................... 14,598,422.00 Pupil Transportation (3) ............ 383,921.00 Operational Services (4) ............ 2,152,641.00 Maintenance (5) ..................... 1,125,917.00 Continuing Education (6) ............ 236,015.00 Improvements and Betterments (7) .... 182,465.00 Transfer (1) Net decrease (2) Net decrease (3) Net decrease- (4) Net decrease- (5) Net decrease (6) Net decrease (7) Net increase ....... --$ 3,342.00 88,737.00 17,000.00 47,523.00 3,863.00 22,000.00 182,465.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1977. No. 23503. AN ORDINANCE to amend and reordain Section #0716, "Jail," of the 1976-77 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 #0716, "Jail," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JAIL #0716 Other Services and Charges (1) .......... $15,962.50 Not previously appropriated (1) Net increase $4,000.00 447' BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1977. No. 23504. AN ORDINANCE to amend and reordain Section #0710, "Commonwealth Attorney," of the 1976-77 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 #0710, "Commonwealth Attorney," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH ATTORNEY # 0710 Travel and Education (1) ................ $12,415.00 Not previously appropriated (1) Net increase ............... $454.00 *95% to be reimbursed by D.J.C.P. Grant, 5% local cash match BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1977. No. 23505. A RESOLUTION approving certain cooperative purchasing arrangements and encouraging other local governmental bodies to do the same. WHEREAS, the governing bodies of the various political subdivisions in the Roanoke Valley have on several occasions encouraged the establishment of cooperative efforts among such governing bodies in areas in which such efforts would prove beneficial to all participating governing bodies; and WHEREAS, the purchasing agents for several of the political subdivisions in the Valley have met on several occasions and have agreed that mutual benefits can be derived through joint purchasing efforts in certain areas; and 448 WHEREAS, this Council desires to authorize the City of Roanoke Purchasing Agent to participate in such joint purchasing efforts as he deems to be appropriate within the guidelines of the laws of the Commonwealth of Virginia and purchasing procedures previously established by Council. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby approves, authorizes and directs that the City of Roanoke Purchasing Agent participate in such joint purchasing efforts with other governing bodies in the Roanoke Valley as he determines to be in the best interests of the City of Roanoke, provided that such purchasing efforts are undertaken in accordance with the provisions of the laws of'the Commonwealth of Virginia and the purchasing procedures previously adopted by this Council. BE IT FURTHER RESOLVED that this Council hereby urges the Roanoke City School Board, Roanoke County, the City of Salem, the Town of Vinton and such other agencies as may desire to become involved to approve a like arrangement. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1977. No. 23506. AN ORDINANCE to amend and reordain Section #1537, "Social Services," of the 1976-77 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 #1537, "Social Services," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SOCIAL SERVICES #1537 Aid to Dependent Children (1) .......... $4,822,017.00 Emergency Assistance to Needy (2) ...... 22,896.00 Transfer (1) Net decrease $10,000.00 (2) Net increase 10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 449 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1977. No. 23507. AN ORDINANCE providing for the City to pay an additional $826.11 to Cavalier Equipment Corporation for the winch on a Knuckle Boom Crane Unit; and providing for an emergency. WHEREAS, by Ordinance No. 23239, adopted on September 15, 1976, the City was authorized to pay $17,476.03 to the Cavalier Equipment Corporation for a Knuckle Boom Crane with cab, chassis, and dump body; and WHEREAS, the Bid Committee erroneously assumed that the bid included the winch, an integral part of the crane, but such winch was not included, being an additional item costing $826.11; and WHEREAS, with the addition of payment of the $826.11, the bid of Cavalier Equipment Corporation, totaling $18,302.14, is still the low bid, and the Bid Committee recommends the payment of this additional sum, funds sufficient to cover the additional cost of this equipment being available; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the additional sum of $826.11 be paid to the Cavalier Equipment Corporation for the winch of the Knuckle Boom Crane Unit. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall 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 February, 1977. No. 23508. A RESOLUTION rejecting all bids received for a data communications package designed to automate warrant and capias files consisting of computer hardware and software necessary to replace the existing manual system in Roanoke City, City of Salem and Roanoke County, and directing the City Manager to cause the project to be readvertised for bids. WHEREAS, on February 14, 1977, after due and proper advertisement had been made, five (5) bids for a data communications package were opened and read before the Council, which bids were thereafter referred to a committee appointed for the purpose of tabulating and studying said bids; which bids were, thereafter, tabulated and studied by said committee which has made written report and recommendation to the Council dated February 28, 1977, in which recommendation 450 the City Manager concurred, and after which the Council, upon mature consideration, concluded that all such bids should be rejected. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that all bids heretofore received by the City on February 14, 1977, for a data communications package be and the same are hereby REJECTED; the City Clerk to so notify all said bidders and to express to each the City's appreciation for said bids. BE IT FURTHER RESOLVED that the City Manager be and is hereby authorized and directed to cause the project to be readvertised for bids. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1977. No. 23509. AN ORDINANCE to amend and reordain Section #1832, "Contributions and Subsidies," of the 1976-77 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 #1832, "Contributions and Subsidies," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CONTRIBUTIONS AND SUBSIDIES #1832 Humanitarian and Social Programs Contingency Funds (1) .............. $10,740.00 Roanoke Area Ministries (2) ........ 21,800.00 Transfer (1) Net decrease ---$2,000.00 (2) Net increase--- 2,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 451 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1977. No. 23510. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: Utility Line Facilities #1605 Overtime (1) .................... $45,000.00 Miscellaneous #1850 Lunacy Commissions (2) .......... 21,000.00 Assessment of Real Estate Travel and Education (3) ........ 16,810.00 (1) Net increase ............. $25,000.00 (2) Net increase ............ 11,500.00 (3) Net increase 6,000.00 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 7th day of March, 1977. No. 23511. AN ORDINANCE granting permission to Mill Mountain Garden Club to construct, without cost to the City, certain ornamental pools in the Wildflower Garden on Mill Mountain; and providing for an emergency. WHEREAS, Mill Mountain Garden Club, which has heretofore been instrumental in the development of a wildflower garden in Mill Mountain Park on Mill Mountain and which is desirous of continuing with the beautification of the area, has offered to have constructed in the Wildflower Garden two ornamental pools, to be connected by a simulated brook with waterfalls, with provision for circulating the water between said pools and with landscaping of areas around said pools with plants indigenous to the area; and, inviting bids for the work, is willing to expend approximately fourteen thousand dollars of its funds to accomplish the same by entering into a private contract with a construction company capable of performing the work; and '452 WHEREAS, the design of the work and the materials and equipment to be used are understood to be such as would be approved for the work by the City Engineer, who would arrange to generally supervise the same; and WHEREAS, subject to the granting of permission by the Council, said Club is willing to enter into written contract with its contractor for accomplishmen~ of the beautification project; and WHEREAS, the aforesaid proposal is recommended by the City Manager as being in accordance with the plan for development of Mill Mountain Park and being worthy of the City's permission; and WHEREAS, much remaining to be done by the aforesaid Club and its contractor to accomplish the project prior to the seasonal opening of Mill Mountain Park, an emergency is hereby deemed to exist in order that this measure be in effect upon its passage. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that this Body accepts the proposal and offer made to the Council by the Mill Mountain Garden Club that said Club be permitted and authorized, by contract to be entered into between said Mill Mountain Garden Club and Blane & White Constructicn Company, said Club's private contractor, to construct and provide two (2) orna- mental pools in the Wildflower Garden atop Mill Mountain, in Mill Mountain Park, the upper or large pool to be irregularly shaped with an approximate length of 40.0 feet and a perimeter of approximately 110.0 feet and a maximum depth of 2.0 feet, to be connected to a lower, smaller collecting pool by a simulated brook approximately 80.0 feet in length with waterfalls in its steeper parts, and with provision made for areation of the water and for circulation of the same between said two pools and for landscaping and appropriate planting of the disturbed area surrounding said pools, the materials and equipment so used and the method of construction to be such as are approved by the City Engineer and specifically agreed upon in writing between said Club and its said contractor; and this Body authorizes that the aforesaid construction be permitted to be commenced and to be accomplished under the general supervision of the City Engineer. BE IT FURTHER ORDAINED that this Council states it to be the intent of the City that, at such time as the ornamental pools are completed and are accepted by the City Engineer as complete under said contract and are ready for public visitation, the City will accept the same and will arrange that they be cared for and maintained as a part of its public park system, their general operation and control to be under the City Manager. BE IT FURTHER ORDAINED that attested copies hereof be transmitted by the City Clerk to the Mill Mountain Garden Club and to its aforesaid proposed contractor, to serve as authorization to them to proceed with the aforesaid undertaking when similarly authorized by the City Engineer, it to be thereby agreed, however, that the City of Roanoke shall be saved harmless in the premises until such time as the project is completed and the City assumes operation and control of the same. "453 BE IT FINALLY ORDAINED that an emergency exists and that this ordinance shall be in effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 1977. No. 23512. AN ORDINANCE to amend and reordain Section #1855, "Transfers to Other Funds," of the 1976-77 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 #1855, "Transfers to Other Funds," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO OTHER FUNDS #1855 CAPITAL PROJECTS FUND Second Street Storm Drain (1) ....... $ -0- Service Center (2) .................. 65,761.91 Transfer (1) Net decrease ........... $3,184.20 (2) Net increase ........... $3,184.20 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 1977. No. 23513. AN ORDINANCE authorizing the issuance of Change Order No. 3 to the City's contract with Vosbeck Vosbeck Kendrick Redinger, Architects and Engineers, authorized by Ordinance No. 20863, for providing for payment of increased costs for the plans and professional services related to the design and construction of the Public Works Service Center; upon certain terms and conditions; and providing for an emergency. 454 WHEREAS, the City Manager, in report to the Council dated March 7, 1977, has recommended that the Council approve the issuance of a change order to the City's contract with Vosbeck Vosbeck Kendrick Redinger, Architects and Engineers, dated July 16, 1973, so as, by alteration and modification of said contract, to provide for payment of increased costs for the plans and professional services related to the design and construction of the Public Works Service Center; and WHEREAS, the Council is of opinion that the change proposed is necessary for the reasons reported by the City Manager and, accordingly, concurs in said proposal, and funds sufficient to defray the additional costs incurred by the change order herein authorized by the Council have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on behalf of the City, Change Order No. 3 to the City's contract dated July 16, 1973, with Vosbeck Vosbeck Kendrick Redinger, Architects and Engineers, for providing for payment of increased costs for the plans and professional services related to the design and construction of the Public Works Service Center, the amount to be increased by Change Order No. 3 not to exceed, however, the sum of $10,000.00, raising the total contract amount to $86,500.00. BE IT FURTHER ORDAINED that, an emergency existing, 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 7th day of March, 1977. No. 23514. A RESOLUTION authorizing the City Manager to enter into an agreement with the Virginia College Off-Campus Work Study Program to provide for a summer employment program in the City for students. WHEREAS, the City Manager by report to this Council dated March 7, 1977, requested that he be granted authority to enter into agreement with the Virginia College Off-Campus Work Study Program to provide a summer employment program in the City for students, with the City's maximum share in said program to be $11,160.00. THEREFORE, 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 to enter into an agreement on form approved by the City Attorney with the Virginia 455 College Off-Campus Work Study Program to provide for a summer employment program in the City for students with the City's maximum share in said program to be $11,160.00; the remainder of the total cost of said program to be borne by the Virginia College Off-Campus Work Study Program. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 1977. No. 23515. AN ORDINANCE authorizing and providing for lease by the City of certain 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. WHEREAS, the City Manager by report dated March 7, 1977, has reported to the Council that office space to house certain administrative personnel of the City is necessary and is available in the Jaro House Buildin9' in the City of Roanoke, and recommends that the City enter into a lease with the owner of the Jaro House Building to lease the necessary office space, in which recommendation Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to enter into a written lease agreement on behalf of the City with Jaro, Ltd., for approximately 410 square feet of office space on the first 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 period commencing March 15, 1977, and terminating March 14, 1978, at a monthly rental of $200.00, providing for an option to renew such lease for two (2) additional one (1) year terms; 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. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 456 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 1977. No. 23517. A RESOLUTION designating JOEL M. SCHLANGER as Trustee for the Mill Mountain Wild Flower Garden Fund; upon certain terms and conditions. WHEREAS,. the Mill Mountain Garden Club wishes to develop on Mill Mountain a decorative pond and waterfall as part of the Mill Mountain garden plan; and WHEREAS, the Club has raised certain funds for such pond and waterfall and expects to raise additional funds for such purpose in the future and has requested the City Council to designate a trustee to receive, hold and disburse such funds for the development of such decorative pond and waterfall; and WHEREAS, the Council concurs in the request of the Mill Mountain Garden Club. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that JOEL M. SCHLANGER, Director of Finance of the City of Roanoke, be and he hereby is designated "Trustee for the Mill Mountain Wild Flower Garden Fund," upon the condi- tion that such funds be received, held and disbursed in and from a separate account separate and apart from funds of the City of Roanoke, such disbursements to be made only for the purpose of development of the decorative pond and waterfall as a part of the garden plan on Mill Mountain. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 1977. No. 23518. AN ORDINANCE accepting the proposal of Days Construction Company, Inc., for construction of a vehicular wash facility at the Public Works Service Center, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other proposals made to the City for the work: and providing for an emergency. WHEREAS, after due and proper advertisement therefor, eight (8) bids were received by the City for the work hereinafter authorized and, upon opening before the Council at a regular meeting thereof held on February 28, 1977, such bids were read and referred to a committee for tabulation, study and recommendation as a result of which the proposal of Days Construction Company, Inc., to perform all of the work provided for in the City's specifications was determined to be the lowest and best bid made to the City fully meeting all of the City's specifica- tions for such work; 457 WHEREAS, the Council has considered all such bids and has determined that the bid hereinafter accepted is the best bid meeting the City's specifications and is in the best interest of the City to accept, funds sufficient for this purpose having been appropriated; and WHEREAS, it is necessary for the usual operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of Days Construction Company, Inc., made to the City in the total amount of $53,000.00, for construction of a vehicular wash facility at the Public Works Service Center, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which proposal, is on file in the office of the City Clerk, be, and is hereby ACCEPTED; and 2. That the City Manager and the City Clerk are hereby authorized and directed for and on behalf of the City to execute, seal and attest, the requisite contract with Days 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 previously appropriated by the Council. BE IT FURTHER ORDAINED that all other bids made to the City for the aforesaid work be and they are hereby REJECTED; the City Clerk to so notify each said bidder and to express to each the City's appreciation for said bids. BE IT FINALLY ORDAINED that, an emergency existing, 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 March, 1977. No. 23519. AN ORDINANCE to amend and reordain Section #1375, "Parks and Recreation," of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PARKS AND RECREATION #1375 Maintanance (1) .............. $8,000.00 (1) Net increase ........ $5,000.00 *100% reimbursed by Chamber of Commerce 458 BE IT FURTHER ORDAINED that, an emergency existing, 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 March, 1977. No. 23522. A RESOLUTION opposing the enactment into law of Senate Bill 735 by the General Assembly of Virginia and calling upon the Governor to veto this bill. WHEREAS, this Council is advised that Senate Bill 735, which would prohibit for ten years any annexation other than annexation when the terms and conditions have been agreed upon by the concerned localities and annexation proceedings under Section 15.1-1034, Code of Virginia (1950), as amended, and would further preclude the creation of any new cities and/or the consolidation of existing local governments, has passed both Houses of the General Assembly; WHEREAS, our cities are the business, financial, commercial, medical, educational, and cultural centers in their respective regions and, thus, contribute significantly to the well-being of suburban and rural citizens in their respective regions and, indeed, to the wellbeing of all citizens of the Commonwealth; WHEREAS, each day thousands of citizens from areas outside the territorial boundaries of our cities come into the cities and take advantage of the opportunitie available in urban areas, but such citizens make no direct contribution to defray the cost to the cities of providing to them such essential services as police and fire protection, highways and streets, water and sewerage, etc.; and WHEREAS, cities do not seek annexation out of a greedy desire for more people or more square miles, but as a necessary method of preserving their financial health and thereby continuing to exist as viable entities with the capacity to provide all the services demanded by the citizens of this Commonwealth, suburban and rural, as well as urban; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council is strongly opposed to the provisions contained in Senate Bill 735; BE IT ALSO RESOLVED that this Council earnestly calls upon the Governor to veto Senate Bill 735 which Bill is not in the best interests of all citizens of the Commonwealth; BE IT FURTHER RESOLVED that attested copies of this resolution be transmitted by the City Clerk to Governor Mills E. Godwin and to the members of the City's delegation to the General Assembly. APPROVED 459 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of March, 1977. No. 23516. AN ORDINANCE authorizing execution of a deed of release, releasing a portion of the City's interest in a certain storm drain easement heretofore granted to the City of Roanoke, upon certain terms and conditions. WHEREAS, the City Manager, in a March 7, 1977 report to this Council, requested that this Council authorize the release of a portion of a certain storm drain easement heretofore granted to the City of Roanoke. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be and they are hereby authorized for and on behalf of the City to execute a deed of release, releasing the City's interest in the westerly two (2) feet of that certain storm drain easement shown on Plan No. 4887, on file in the Office of the City Engineer, which easement was conveyed to the City of Roanoke by Hugh E. and Katherine Louise Anderson, by Deed of Easement dated December 10, 1964, of record in the Clerk's Office of the Circuit Court of the City of Roanoke, in Deed Book 1171, at page 48, said deed of release to be for a nominal consideration and to be upon form approved by the City Attorney. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of March, 1977. No. 23520. AN ORDINANCE to amend and reordain Section #1850, "Miscellaneous," of the 1976-77 Appropriation Ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #1850, "Miscellaneous," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MISCELLANEOUS #1850 Annexation (1) .................... $27,658.10 Not previously appropriated (1) Net increase .......... $22,658.10 ATTEST: City Clerk APPROVED Mayor 46O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of March, 1977. No. 23521. AN ORDINANCE to amend and reordain Section 2, Amount of tax; to be paid by purchaser, of Chapter 3, Utility Service Tax, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as heretofore amended; imposing and fixing the rate of tax to be paid by purchasers of certain utility services furnished in the City on and after October 1, 1977. WHEREAS, the City Taxes Committee, in a report dated February 28, 1977, recommended, in order to eliminate inequities, that the base taxable amount on electrical bills during the time period of October 1 through May 31 of each year be increased. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 2. Amount of tax; to be paid by purchaser, of Chapter 3, Utility Tax Service of Title VI, Taxation, of the Code of the City of Roanoke (1956), as heretofore amended, be, and said section is hereby amended and reordained so as to read and provide as follows: Sec. 2. Amount of tax; to be paid by purchaser. There is hereby imposed and levied by the city upon each and every purchaser of a utility service on and after July 1, 1971, a tax in the amount of twenty percent (20%) of the charge maae by the seller against the purchaser with respect to each utility service, which tax, in every case, shall be collected by the seller from the purchaser and shall be paid by the purchaser unto the seller for the use of the city at the time that the purchase price or such charge shall become due and payable under the agreement between the pur- chaser and the seller; provided, however, that during the periods from October first of each year through May thirty-first, next following, the tax hereinabove imposed shall not be deemed to apply to that part of the charge in excess of twenty-five dollars per month made by any seller of electricity to a purchaser thereof under a domestic service contract who uses such elec- tricity as the principal source of space heating in private homes or private residential units; nor, during such annual periods, shall the tax hereinabove imposed be deemed to apply to that part of the charge in excess of ten dollars per month made by any seller of gas to a purchaser thereof under a domestic service contract who uses such gas as the principal source of space heating in private homes or private residential units; nor shall said tax be deemed to apply to the charge made by any seller of electricity or gas to a purchaser thereof under a domestic service contract who uses such utility solely as the principal source of space heating in a private home or private residential unit and for no other purpose. BE IT FURTHER ORDAINED that this ordinance shall be in full force and effect on and after the first moment of the first day of October, 1977. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of March, 1977. No. 23524. A RESOLUTION approving and adopting a certain Thoroughfare Plan Element of the City's Comprehensive Development Plan which was adopted by Resolution of the City Planning Commission on January 19, 1977, after public hearing. WHEREAS, the necessity has arisen to revise and update the Thoroughfare Plan Element of the City's Comprehensive Development Plan; WHEREAS, the 1995 Thoroughfare Plan Element of the City's Comprehensive Development Plan was adopted by the resolution of the City Planning Commission on January 19, 1977, after public hearing; WHEREAS, the City Planning Commission has requested by the same resolution that this Council adopt and endorse the 1995 Thoroughfare Plan Element of the City's Comprehensive Development Plan together with the accompanying text and development priorities, a copy of which is filed in the Office of the City Clerk; WHEREAS, the City Manager, after having caused a review of such plan to be made by appropriate City departments, has recommended that such 1995 Thoroughfare Plan Element of the City's Comprehensive Development Plan, dated 1977, is an adequate and workable plan suitable to the needs of the City and should be officially approved and adopted by the City; and WHEREAS, in accordance with the provisions of Section 15.1-431, Code of Virginia (1950), as amended, a public hearing has been held before this Council on the question of the adoption of this plan, after notice of such public hearing 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 said plan; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council does hereby approve and adopt as an adequate and workable plan for the needs of the City of Roanoke the 1995 Thoroughfare Plan Element of the City's Comprehensive Development Plan submitted by the City Planning Commission; BE IT FURTHER RESOLVED that the City Clerk shall 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 14th day of March, 1977. No. 23525. 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 that portion of Richmond Avenue between llth and 12th Streets and that 462 certain alleyway located between llth and 12th Streets extending from Jackson Avenue to Richmond Avenue, as shown on City of Roanoke, Virginia Appraisal Map, Sheet No. 121; 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 February 28, 1977, 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 herein- after 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 the Council having considered said application to permanently vacate, discontinue and close the herein- after described portions of that certain street and alleyway; 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, L. 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 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: Parcel I (Street) BEING all of that portion of Richmond Avenue bounded on the west by the easterly line of 12th Street; on the south by the northerly line of Block 25 of the Dr. J. W. Webb Map; on the east by the westerly line of llth Street; and on the north by the southerly lines of Blocks 26 and 27 of the Dr. J. W. Webb Map. Parcel II (Alleyway) BEING all of that certain alleyway extending between Blocks 26 and 27 of the Dr. J. W. Webb Map which is bounded on the north by the southerly line of Jackson Avenue; on the west by the easterly line of Block 27 of the Dr. J. W. Webb Map; on the south of the northerly line of Richmond Avenue (to be closed); and on the east by the westerly line of Block 26 of the Dr. J. W. Webb Map. Both of the aforesaid street and alley portions are designated in red upon the excerpt from City of Roanoke, Virginia Appraisal Map, Sheet No. 121, which has been filed with the Clerk of the City of Roanoke, Virginia. 463 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 14th day of March, 1977. No. 23526. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: Coordinated Youth Services A357458 Fees for Professional Services (20010) (1) ...$53,361.00 (1) Net decrease ......... $2,808.00 (Revenue Estimated Decrease $2,808.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of March, 1977. No. 23527. 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; providing for the issuance of requisite purchase orders for such equipment; rejecting certain bids made to the City; and providing for an emergency. 464 WHEREAS, on February 23, 1977, after due and proper advertisement had been made therefor, certain bids for the supply to the City of the equipment hereinafter mentioned were received in the Office of the City's Manager of Purchasin and Materials Control and publicly opened before three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; WHEREAS, the Council considering all of the same, has determined that the bids hereinafter accepted are the best bids meeting the City's specifications and are in the best interest of the City to accept, funds sufficient for purchasing all of the same having been appropriated for the purpose; WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bids in writing of the following named bidders, made to the City and opened on February 23, 1977, 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 - New 3/4 ton cab/chassis 1 - New utility body furnished and mounted on above cab/ chassis 1 - New one ton, crew/cab chassis w/stoke dump body 2 - New 8 passenger window vans one with air conditioning and tinted glass and one without air conditioning 1 Dickerson, GMC, Inc. $ 5,425.95 iA Roanoke Welding Company $ 1,100.00 2 Dickerson, GMC, Inc. $ 7,839.98 3 and tinted glass Dominion Dodge, Ltd. $11,067.63 all of the aforesaid vehicles to be delivered to the City, f.o.b. Roanoke, in accordance with the City's general specifications and with the successful bidders' respective proposals and within the delivery times set out in said proposals; and the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue requisite purchase orders therefor, incorporating into said purchase orders the City's aforesaid general specifications, the terms of said bidders' proposals and the terms and provisions of this ordinance; the cost of said vehicles when delivered to be paid out of funds heretofore or contem- poraneously being appropriated for the purpose; BE IT ALSO ORDAINED that upon delivery to the City of each item of the aforesaid vehicles and upon the City's acceptance of the same as being in accordance with the bid accepted and purchase order awarded, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment of the aforesaid purchase prices to each said successful bidder, not to exceed the sums hereinabove set out. 465 BE IT FURTHER ORDAINED that the other bids made to the City for furnishin( said vehicular equipment, be REJECTED, the City Clerk to so notify such bidders and to express to each the City's appreciation for such bids; BE IT FINALLY ORDAINED that, an emergency existing, 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 March, 1977. No. 23528. AN ORDINANCE accepting a proposal for furnishing and delivering one new motor grader, upon certain terms and conditions by accepting a certain bid made to the City therefor; rejecting all other bids; and providing for an emergency WHEREAS, on February 23, 1977, and after due and proper advertisement had been made therefor, three (3) bids for the sale to the City of the equipment hereinafter mentione~ were opened in the office of the City's Purchasing Department by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommen- dation to the Council through the City Manager; and WHEREAS, the City Manager concurring in the Committee's report, has transmitted the same to the Council, recommending award of the contract as hereinafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the best bid made to the City for the supply of said equipment and that funds sufficient to pay for the purchase price of said equipmenthave been or are being appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. That the bid of Carter Machinery Company, Inc., made to the City offering to furnish and deliver to the City one (1) new 120-G motor grader, for a purchase price of $52,621.00, cash, be, and said bid is hereby ACCEPTED; and 2. That the City Manager be, and he is hereby authorized and directed to enter into a requisite written contract to be approved by the City Attorney and to contain requirements, specifications and provisions made of said bidder for the supply of the aforesaid equipment, said bidder's proposal and the terms and provisions of this ordinance; and upon delivery to the City of the aforesaid new equipment and written guarantees and upon said City's acceptance of the same, the City's Director of Finance shall be, and he is hereby authorized and directed to make requisite payment to said bidder of the purchase price; aforesaid; and 466 3. That the other bids made to the City for said equipment be and are hereby REJECTED, that the City Clerk so notify said other bidders and express the City's appreciation for said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of March, 1977. No. 23531. A RESOLUTION approving and commending the activities of Sing Out Roanoke Valley and encouraging a performance by this organization at the Roanoke Juvenile Detention Home. WHEREAS, Sing Out Roanoke Valley is a non-profit, nondenominational organization founded in July, 1973, to promote the ideals of love, honesty, unselfishness, and self-discipline through ins~i~tion~i m~sic~i'~'r~ms; WHEREAS, the performers in this musical group, who devote considerable time to the preparation of original musical programs designed to motivate people to positive action, consist of young people of all races drawn from eleven high schools throughout the Roanoke Valley; WHEREAS, Sing Out Roanoke Valley has traveled extensively to present inspirational musical programs, including behind the Iron Curtain in Rumania in the summer of 19~76, and the performances of this group have been widely acclaimed for motivating people to positive action; WHEREAS, the Roanoke Juvenile Detention Home serves as a detention facility for young persons under the age of eighteen years against whom petitions have been brought under the Juvenile and Domestic Relations District Court Law; and WHEREAS, interest has been expressed in the presentation of a program of inspirational music by Sing Out Roanoke Valley at the Roanoke Juvenile Detention Home; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that such Council commends the activities of Sing Out Roanoke Valley and its members, who through their musical programs put positive ideas into music, and encourages the presentation of a musical program by Sing Out Roanoke Valley at the Roanoke Juvenile Detention Home; BE IT FURTHER RESOLVED that the City Clerk shall forthwith transmit attested copies of this resolution to Mrs. George L. Lemon, President, Board of 467 Directors, Sing Out Roanoke Valley, and to Mr. Robert F. Hyatt, Manager, Roanoke Juvenile Detention Home. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of March, 1977. No. 23532. A RESOLUTION expressing the Council's appreciation to the Patrick Henry Distributive Education Club of America for their preparation of a Marketing Survey of Customer Shopping Habits with regard to downtown Roanoke. WHEREAS, this Council at its meeting of March 7, 1977, received an extensive marketing survey of customer shopping habits with regard to downtown Roanoke prepared by Distributive Education students at Patrick Henry High School; WHEREAS, the marketing survey completed by the Distributive Education students outlines the shopping habits of citizens in the Roanoke Valley and their attitudes toward downtown Roanoke and as such is a most helpful study which would have cost a considerable sum of money had such study been completed by a private consultant; WHEREAS, the students involved in this project conducted four hundred and seventy-five interviews with shoppers, tabulated the results, 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 that this Council extends it appreciation and gratitude to the Distributive Education students at Patrick Henry High School who participated in the preparation of the marketing survey of customer shopping habits with regard to Downtown Roanoke which survey was done in a thorough and professional manner reflecting credit on the Patrick Henry Distributive Education Clubs; BE IT FURTHER RESOLVED 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 468 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of March, 1977. No. 23523. AN ORDINANCE granting a certificate of public convenience and necessity to Robert A. Gray, trading as Gray's Ambulet Service, for the operation of a vehicle for the transportation of handicapped persons, pursuant to provisions of Chapter 4., Title XIX., of the Code of the City of Roanoke, 1956, as amended. WHEREAS, pursuant to provisions of Chapter 4, Title XIX., of the Code of the City of Roanoke, 1956, as amended, Robert A. Gray, trading as Gray's Ambulet Service, has made application for a certificate of public convenience and necessity to operate a vehicle for the transportation of handicapped persons in the City of Roanoke, and has supplied the City Clerk with a sworn application containing the requisite information pursuant to the provisions of such chapter; and WHEREAS, upon the basis of such application and upon showing made at a public hearing held thereon the 14th day of March, 1977, after proper notice of such hearing duly given, it has been made to appear to the City Manager and the City Council that the applicant is willing and able to provide a vehicle for the transportation of handicapped persons in the City, affording to the public a prompt, clean, courteous, efficient and prearranged transportation service for persons with physical handicaps which limit their mobility, provi~ea that such vehicle will not be used to respond to emergency calls or for the transportation of litter patients, and is entitled to a certificate of public convenience and necessity pursuant to Section 4, Chapter 4., Title XIX., of the Code of the City of Roanoke, 1956, as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that a certificate of public convenience and necessity be and is hereby granted to Robert A. Gray, trading as Gray's Ambulet Service, authorizing the aforesaid applicant to operate a vehicle for the transportation of handicapped persons in the City, with one 1975 Plymouth Voyager Van ambulance at the places and in the manner and at the rates set out in the application for said certificate, but not providing stretcher handling or service, such operation to be in full accordance and compliance with and subject to all of the limitations contained in the provisions of Chapter 4., Title XIX., of the Code of the City of Roanoke, 1956, as amended, relating to the operation of a vehicle for the transportation of handicapped persons, and with all other applicable laws and ordinances of the State and this City. ATTEST: City Clerk APPROVED Mayor 469 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of March, 1977. No. 23529. AN ORDINANCE authorizing execution of a deed of release, releasing a portion of the City's interest in a water line easement heretofore granted to the City of Roanoke, upon certain terms and conditions. WHEREAS, the City Manager, in a March 7, 1977 report to this Council, requested that this Council authorize the release of a portion of a certain water line easement heretofore granted to the City of Roanoke. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be and they are hereby authorized for and on behalf of the City to execute a deed of release, releasing the City's interest in that portion of a certain water line easement not presently utilized, which easement is that water line easement which was conveyed to the City of Roanoke by Johnson Carper Furniture Corporation, by Deed of Easement dated March 12, 1962, of record in the Clerk's Office of the Circuit Court of the City of Roanoke, in Deed Book 1114, at page 28, said deed of release to be for a nominal consideration and to be upon form approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of March, 1977. No. 23530. AN ORDINANCE changing the name of a certain street within the corporate limits of the City of Roanoke in the Arrow Wood Country Club area in order to provide a unified street name system. WHEREAS, the City Planning Commisison has reported to Council under date of March 3, 1977, that said Planning Commission recommends a certain change and renaming of a street in the Arrow Wood Country Club area of the City so as to provide a more unified name system for the streets in the City of Roanoke. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the name of Quail Lane, from the north line of Laurel Ridge Road, N. W., to the end of present Quail Lane, N. W., in the City of Roanoke be changed and renamed Partridge Lane, N. W. BE IT FURTHER ORDAINED 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; 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 470 (6) attested copies of this ordinance, in order that said Postmaster be apprised of the aforesaid street name change. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of March, 1977. No. 23534. AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's 1976-77 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: CETA ADMINISTRATION Unobligated Funds Title II (1) ......... $692,664.49 Not previously appropriated (1) Net increase--- $149,976.00 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 March, 1977. No. 23540. AN ORDINANCE to amend and reordain Sec. 4. Chapter 9, Title VIII, Code of the City of Roanoke (1956), as amended, relating to the duties of the manager of the Civic Center Department, certain check cashing procedures; and providing for an emergency. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 4. Same-Duties generally; refund procedures, of Chapter 9. Civic Center Department, of Title VIII. Public Buildings and Property, 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: 471 Sec. 4. Same-Duties generally; refund procedure. The manager shall be responsible for the operation and administration of all of the functions of the Roanoke civic center, consisting of the auditorium, coliseum and exhibit hall and their related facilities, under the supervision of the city manager. The manager shall be responsible for the collection of all rents, fees, charges, receipts, revenues and other funds accruing to the city from the operation of the Roanoke civic center, and for payment and report thereof to the city treasurer and to the director of finance as and in the manner provided in section 4.1 of this chapter. Notwithstanding anything in the preceding sentence to the contrary, whenever it may appear, in the judg- ment of the civic center manager or assistant civic center manager, to be necessary and in the best interests of the city, for the protection of public property from probable imminent danger, immediate cash refunds from advance ticket sales receipts in the city's hands may be made to the holders thereof, upon certification in writing of the facts making such immediate refund necessary being made by the manager or assistant civic center manager to the city manager. Such refunds shall be accomplished by withdrawal of funds on hand or on deposit in the special account provided in section 4.1, by check signed by two of the following, namely, the civic center manager, the assistant civic center manager or the box office manager, drawn payable to the order of the civic center manager or his designated assistant, both of whom shall be under bond with corpo- rate surety, which bond in all instances must be equal to or in excess of the face amount of any such check. In the event of any such refund, the civic center manager shall make adequate provision for the protec- tion of cash funds from the time of their withdrawal until their disbursement or return to the special account provided for in section 4.1 of this chapter; and he shall make full and adequate report and account- ing of the use of such funds and of tickets refunded upon such form of report as may be prescribed by the director of finance. Notwithstanding any other provision of this code to the contrary, the manager of the civic center, assistant manager, or box office manager shall be authorized to cash checks on which the city is the payor and a person with whom the city has a written agreement for the pur- pose of presenting a show, play, concert, exhibition, performance, sports event, or other entertainment at the civic center is the payee when so requested by the payee during such hours as the banks of the city are not open for the conduct of business with the general public. BE IT FURTHER ORDAINED that an emergency exists and that 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 28th day of March, 1977. No. 23542. AN ORDINANCE approving the City Manager's issuance of Change Order No. 10, as herein set forth in full, to the City's contract with J. W. Bateson Company, Inc., for the construction of a 35 million gallon tertiary treatment plant addition at the City's Sewage Treatment Plant; providing that notification of the issuance of said change order be given to the Virginia State Water Control 47,2 Board and 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. WHEREAS, the City Manager, in report to the Council dated March 21, 1977, has recommended that the Council approve the issuance of a change order to the City's contract with J. W. Bateson Company, Inc., for construction of a 35 million gallon tertiary treatment plant addition at the City's Sewage Treatment Plant, so as to provide for additional equipment and changes in equipment originall] specified, to provide for an extension of time for completion of the work, and to provide for reduction of the retainage specified in the contract documents from five percent (5%) to $400,000.00; and WHEREAS, the rules, regulations and guidelines of the Environmental Protection Agency and the Virginia State Water Control Board require only prior notification of changes of the type embodied in the change order herein authorized to be issued with subsequent formal approval to be obtained upon request after the issuance of said change order; and WHEREAS, the Council's Water Resources Committee has recommended to the Council that said Change Order No. 10 be authorized to be issued; and WHEREAS, the Council considering all of the same is of opinion that the changes proposed are desirable and, accordingly, concurs in said proposal; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on behalf of the City, the following change order to the City's Contract "E", dated January 2, 1974, with J. W. Bateson Company, Inc., for construction of certain sewage treatment plant additions, viz: DESCRIPTION OF CHANGE ORDER ADD DEDUCT A,B & H #96 Extend electric cable on valve operator, change location of wall switch in B. B. Locker Room, change location of conduit in Secondary Settling Pipe Gallery and misc. electric items in accord- ance with bulletin #16 of 3/31/76 (JWB #P101 of 1/12/77) for the agreed upon lump sum including mark up of $ 3,514.80 A,B & H #101 Install concrete cover over old chlorine contact influent chamber per attached sketch and AB&H letter of 6/16/76 (JWB #P-91 of 6/8/76) for the agreed upon lump sum including mark up $ 891.00 A,B & H #102 Install frosted glass in the super- intendent's and the Chief Chemist's office doors in accordance with AB&H letter of 6/4/76 (JWB #P-110 of 7/2/76) for the agreed upon lump sum including mark up of $ 87.00 7,3 DESCRIPTION OF CHANGE ORDER ADD A,B & H #103 Change out electric motors on the existing polymer feed units in the digesters, in accordance with AB&H letter of 10/28/76 (JWB #P-111 of 7/13/76) item of work cancelled out for the agreed upon no add no deduct basis No A,B & H #104 Install piping inside digestion tank #1, #2, #3 in accordance with AB&H letter of 10/28/76 (JWB #P-113 of 7/21/76) item of work cancelled out for the agreed upon no add no deduct basis No DEDUCT A,B & H #105 Lower pavement and pour concrete pad for septic tank truck unloading in accordance with AB&H bulletin #18 of 8/16/76), and attached sketch (JWB #P-115 of 8/17/76), for the agreed upon lump sum including mark up of 535.00 A,B & H #107 Install three additional chain oper- ated 8" plug valves in accordance with AB&H letter of 6/16/76 in the Digestion Control House (JWB #P-107 of 5/14/76) for the agreed upon lump sum including mark up of $ 3,970.00 A,B & H #108 Install additional concrete counter weights on top of existing secondary digestion tank "A" and "B" per AB&H letter of 7/13/76 and attached sketch (JWB #P-109 of 6/11/76) for the agreed upon lump sum including mark up of $ 14,583.00 A,B & H #109 Install stainless steel non- sparking raw sewer gas test cocks per AB&H letter of 2/14/76 (JWB #P-95 of 3/2/76). Item of work cancelled out for the agreed upon no add no deduct basis No No A,B & H #106 Install 80 ft. of additional fenc- ing per AB&H letter of 8/1/76 and attached sketch (JWB ~P-118 of 1/12/77) for the agreed lump sum including mark up of $ 780.70 A,B & H #71 Install 4 - 4" conduits in single trench as shown on (route "A") of attached sketch and meetings of 4/7/76 and 3/10/77 (JWB #P-61 of 4/30/76) for the agreed upon lump sum, including mark up of $ 8,000.00 A,B & H #74 Make repairs to existing 48" pri- mary effluent line to east of Laboratory Building per meetings of 9/12/75 and 3/10/77 (JWB #P-69 of 9/15/75) for the agreed upon lump sum including mark up of $ 1,760.06 A,B & H #81 Make repairs to 2 - 6" sludge lines to west of Digesters per our meetings of 8/8/75 and 3/10/77 (JWB #P-56) for the agreed upon no add no deduct basis No No A,B & H #82 Change steam heating lines from below walkway to above walkway in the S.T. Bldg. to clear skimmer equipment per meetings of 10/22/75 and 3/10/77 (JWB #P-78 of 3/22/76) for the agreed upon lump sum includ- ing mark up of $ 1,500.00 A,B & H #83 Make adjustments to the 4" scum draw off line in the nitrification settling basins per meetings of 5/14/76 and 3/10/77 (JWB #P-83 of 3/24/76) for the agreed upon lump sum including mark up of $ 2,841.00 A,B & H #85 Make adjustments to the suction lines of the wash water pumps per AB&H letter of 11/13/75 and meeting of 3/10/77 (JWB #P-98 of 3/22/76) for the agreed upon no add no deduct basis No No No No 474 DESCRIPTION OF CHANGE ORDER ADD DEDUCT A,B & H #88 Change out the sludge re-cycle pumps from 3" to 4" per AB&H letter of 12/7/75 and meeting of 3/10/77 (JWB letter of 1/5/76) item of work cancelled out for the agreed upon no add no deduct basis No No A,B & H #110 Modifications to the BIF and General Electric equipment concerning the speed variator per AB&H letter of 9/9/76 and meeting of 3/10/77 (JWB #P-120) for the agreed upon lump sum including mark up $ 5,286.00 A,B & H #111 Modifications to the sewerage gas compressor piping per AB&H letter of 10/5/76 and meeting of 3/10/77 (JWB 9P-121 of 9/10/76) for the agreed upon no add no deduct basis No No A,B & H #112 Make adjustments to secondary settling scum boxes per meeting of 3/10/77 (JWB #P-114 of 6/30/76) for the agreed upon lump sum includ- ing mark up of $ 3,835.25 A,B & H 9113 Make repairs to sewage purified gas line to west of the digestion control house by outside and City forces to be back charged to JWB per meeting of 3/10/77 (No correspondence) for the agreed upon no add no deduct basis No No A,B & H #114 Misc. painting items omitted from JWB #P-43 and JWB #P-77, previously approv- ed, per meeting of 3/10/77 (JWB #P-123 of 3/7/77) for the agreed upon lump sum including mark up of $ 360.67 A,B & H #115 Misc. items of electrical work to complete the installation of the ~i~,'L equipment presently installed, such as heaters, exhaust fans, etc., per meet- ing of 3/10/77 for the agreed upon lump sum including mark up of $ 2,629.40 A,B & H #98 (Refer to C.O. #9 for file) Modifications to the instrumen- tation wiring by the electrical subcontractor per AB&H letter of 4/22/76 and meetings of 4/8/76 and 3/10/77 (JWB #P-105 of 4/20/76). This item was agreed upon on a no add no deduct basis at a 6/16/76 meeting, but a final agreement was reached at the 3/10/77 meeting for the agreed upon no add no deduct basis No No A,B & H #116 Painting of plaster ceiling in the Service Bldg. Locker Room per AB&H letter of 1/30/75 and meeting of 3/10/77 (JWB #P-106 of 4/21/76) for the agreed upon no add no deduct basis No No ADDITIONAL ITEMS Extend time for completion of contract from 9/1/76 to 5/1/77, without penalty, pursuant to recommendation of consulting engineers, Alvord, Burdick and Howson and per meeting of 3/10/77. Reduce retainage from 5% to a lump sum of $400,000.00 to cover remaining work pursuant to U.S. Environmental Protection Agency guidelines as set out in E.P.A. Pro- gram Guidance Memorandum, PG-43. The guarantee period on all items of machinery and equipment, with the exception of the main blower engines and items operating satisfactorily in the buildings or structures previously accepted for beneficial occupancy, shall be one (1) year from March 15, 1977. The guarantee period for the main blower engines shall be nine (9) months from the date of acceptance by the Engineers. The guarantee period for all items contained in the buildings or structures previously accepted for beneficial occupancy, and not appearing on the punch list attached to the letter of beneficial occupancy shall begin with the respective date of benefi- cial occupancy. This change order releases, relinquishes and satisfies any and all claims for extra time and/or any money by the contractor and/or any of its subcontractors against the project or the City of Roanoke arising during the construction period up to and including March 10, 1977 and the contractor does further agree to indem- nify and save harmless the said City and its agents from and against any and all claims arising prior to and including March 10, 1977, either by or against third parties. Original contract amount $21,839,000.00 Contract amount adjusted for previous change orders $ 22,172,573.75 Net amount of this change order (add) $ 50,573.88 Contract amount after this change order $ 22,223,147.63 Approved - ALVORD, BURDICK & HOWSON Date By Accepted for the Contractor Date By Approved for Date By 4'75 BE IT FURTHER ORDAINED 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. BE IT FINALLY ORDAINED that an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROV~U ATTEST: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of March, 1977. No. 23543. AN ORDINANCE to amend and reordain Section #24, "Capital Outlay From Bond Funds," of the 1976-77 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 Section #24, "Capital Outlay From Bond Funds," of the 1976-77 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM BOND FUNDS #24 Plant Expansion #05 (1) ................. $1,405,903.79 (1) Net increase- --$54,366.92 BE IT FURTHER ORDAINED that, an emergency existing, 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 March, 1977. No. 23544. AN ORDINANCE approving the City Manager's issuance of Change Order No. 3, as hereinafter set forth, 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; 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. WHLRAAS, the City Manager, in report to the Council dated March 21, 1977, has recommended that the Council approve the issuance of a 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, so as to provide for certain changes in materials and work as hereinafter set out; and WHEREAS, the Council considering all of the same is of opinion that the changes proposed are desirable and, accordingly, concurs in the recommendations; and WHEREAS, the rules, regulations and guidelines of the Environmental Protection Agency and the Virginia State Water Control Board require only prior notification of changes of the type embodied in the change order herein authorized to be issued with subsequent formal approval to be obtained upon request after the issuance of said change order; and WHEREAS, funds sufficient to cover the cost of said changes have been or are being appropriated for the purpose and for the usual daily operation of the municipal government, it is necessary that this ordinance take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 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: 1. Construct a special design conflict junction box for alum sum price of 2. Delete one standard MH 2 manhole for a credit of $ 2,930.00 $ 1,000.00 TOTAL OF CHANGE ORDER ORIGINAL CONTRACT AMOUNT: CONTRACT AMOUNT w/ Change Order No. 1 CONTRACT AMOUNT w/ Change Order No. 2 NET AMOUNT OF THIS CHANGE ORDER CONTRACT AMOUNT AFTER CHANGE ORDER NO. 3 $ 1,930.00 $ 906,441.66 $ 1,930.00 $ 888,185.00 $ 896,156.66 $ 904,511.66 BE IT FURTHER ORDAINED 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. BE IT FINALLY ORDAINED that an emergency exists and that 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 28th day of March, 1977. No. 23545. A RESOLUTION authorizing the filing of an application with the United States Department of Housing and Urban Development for a current grant of Federal funds to permit implementing, continuing and carrying out a Community Development Block Grant Program. WHEREAS, under the terms of the Housing and Community Development Act of 1974, Public Law 93-383, the Congress of the United States has authorized the making of annual grants to public bodies to aid in financing identified community development needs, both as to short-term and long-term objectives; and WHEREAS, in the preceding two fiscal years the City of Roanoke commenced the implementation 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 development and management and control of community development programs as their objectives, and said City desires to make current application for Federal assistance in the premises. 477 478 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Byron E. Haner, 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 $2,629,000 of Federal funds under Public Law 93-383 to aid in financing certain community development block grant programs for the third year, to be as set out on Federal forms prepared for the purposes of such application; and, in making such applicatioI 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 representative of the City of Roanoke to act in connection with said application, and is directed to provide such additional information as may be required. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of March, 1977. No. 23546. A RESOLUTION concurring in the policy of the City's Office of Real Estate Assessment of providing copies to the general public of its land books and land maps at a fair and reasonable charge. WHEREAS, the City's Assessor of Real Estate in a March 17, 1977 report to this Council requested the Council's concurrence in a policy of making copies of the land books and land maps of the City's Office of Real Estate Assessment available to the general public for a set charge, in which request this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does hereby concur in the policy of the City's Office of Real Estate Assessment of providing copies of the land books and land maps of said office to the general public for a fair and reasonable charge, said charge to be established by the City's Assessor of Real Estate. ATTEST: APPROVED City Clerk Mayor 479 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of March, 1977. No. 23548. AN ORDINANCE accepting a certain bid and awarding a certain contract for alterations to the Roanoke City Market Building, in the City of Roanoke, Virginia, upon certain terms and conditions; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, at the meeting of the Council held on March 7, 1977, after due and proper advertisement had been made therefor, four (4) bids made to the City for alterations to the Roanoke City Market Building were opened and read before the Council, and said bids were referred to a committee for study and recommendatio thereon to the Council; and ; WHEREAS, said committee has reported to the Council under date of March 21, 1977, recommending that the bid of Hodges Lumber Company represents the lowest and best bid made to the City and meets the City's specifications for said alterations and should be accepted; WHEREAS, funds have been or are being appropriated for the purpose of paying the costs of the proposed alterations authorized to be done and, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. That the bid of Hodges Lumber Company to make certain alterations to the Roanoke City Market Building, in full accordance with the City's plans and specifications made therefor and with said bidder's proposal, for a total price of $20,150.00, 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 abovementioned in Paragraph 1, said contract to have incorporated therein the City's plans and specifications for the work so authorized to be done, the bidder's proposal made to the City, and the provisions of this ordinance; and upon satisfactory completion of said work and acceptance by the City, the Director of Finance shall be, and is hereby authorized and directed to make payment to said contractor in accordance with the provisions of this ordinance and said contract, charging said payments to appropriations heretofore or hereafter made by the Council for said improvements BE IT FURTHER ORDAINED that all other bids made to the City for the aforesaid alterations 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. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor 480 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of March, 1977. No. 23549. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY #0710 Travel and Education #230 SHERIFF #0714 Travel and Education #230 (2) ............. ELECTORAL BOARD #0620 Other Services and Charges #200 (3) ....... CLERK OF CIRCUIT COURT #0707 Materials and Supplies #300 (4) ........... REFUSE COLLECTION #1669 Materials and Supplies #300 (5) ........... Overtime #100 (6) ......................... TITLE XX SERVICES #1540 Protective Services Adult #20060 (7) ...... Day Care Adults D. D. #20063 (8) .......... Training to Maximize Independence #20065(9) STREET MAINTENANCE #1658 Other Equipment #90020 (10) TRANSFERS TO OTHER FUNDS #1855 Capital Fund #87008 (11) (1) ............. $ 12,957.00 23,000.00 21,525.00 33,250.00 85,000.00 51,500.00 31,000.02 51,793.60 48,570.04 ............... 146,191.40 .................. 532,912.60 (1) Net increase. (2) Net increase. (3) Net increase (4) Net increase ..... (5) Net decrease. (6) Net increase (7) Net increase (8) Net increase. (9) Net increase. (10) Net decrease ....... (11) Net increase ..... $ 542.00 6,000.00 8,535.00 6,000.00 10,000.00 10,000.00 2,873.40 14,428.63 11,812.42 230,912.60 230,912.60 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 481 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of March, 1977. No. 23550. AN ORDINANCE to amend and reordain certain sections of the 1976-77 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 1976-77 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CITY COLLECTOR #0409 Salaries and Wages #10002 (1) .................... $ REFUSE COLLECTION #1669 Salaries and Wages #10002 (2) .................... POLICE DEPARTMENT #1345 Salaries and Wages #10002 (3) PARKS AND RECREATION #1375 Salaries and Wages #10002 (4) LIBRARIES #1580 Salaries and Wages #10002 (5) JUVENILE DETENTION HOME #1527 Salaries and Wages #10002 (6) SOCIAL $~'ICFS ~!537 Salaries and Wages #10002 (7) NURSING HOME #1539 Salaries and Wages #10002 (8) STREET MAINTENANCE #1658 Salaries and Wages #10002 (9) .................... BUILDING MAINTENANCE 91664 Salaries and Wages #10002 (10) ................... GROUNDS MAINTENANCE #1666 Salaries and Wages #10002 (11) ................... MOTORIZED VEHICLE MAINTENANCE #1671 Salaries and Wages #10002 (12) ................... UTILITY LINE FACILITIES #1605 Salaries and Wages #10002 (13) ................... ENGINEERING, PLANNING AND BUILDING INSPECTION #1248 Salaries and Wages #10002 (14) ................... FIRE DEPARTMENT #1347 Salaries and Wages #10002 (15) MANAGEMENT INFORMATION SERVICES #1325 Salaries and Wages #10002 (16) ................... MUNICIPAL AUDITOR #0410 Salaries and Wages #10002 (17) DIRECTOR OF PUBLIC WORKS #1601 Salaries and Wages #10002 (18) 158,875.20 979,964.49 .................... 2,338,459.98 .................... 165,572.00 .................... 355,553.25 .................... 154,798.20 .................... 1,163,245.80 .................... 291,175.80 880,267.86 802,754.54 712,113.33 398,237.55 661,019.10 556,947.40 ................... 2,736,429.38 171,962.63 76,416.80 812.08 482 FOOD STAMP AUTHORIZATION 91538 Salaries and Wages #10002 (19) ................... $ 84,772.50 PERSONNEL MANAGEMENT #0511 Salaries and Wages ~10002 (20) ................... 182.10 JUVENILE AND DOMESTIC RELATIONS COURT #0705 Salaries and Wages #10002 (21) ................... 296,230.70 CITY CLERK #0102 Salaries and Wages #10002 (22) ................... 53,267.75 ASSESSMENT OF REAL ESTATE #0407 Salaries and Wages #10002 (23) ................... 143,210.40 CONTINGENCIES #1880 Personnel Cuts 972007 (24) ....................... (64,861.98) (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 increase. $ 712.80 51,416.51 152,977.02 11,139.00 8,121.75 1,736.80 30,141.20 971.20 59,521.64 31,338.46 13,897.67 36,846.45 24,795.90 17,080.60 16,476.62 812.08 1,082.70 521.37 1,222.50 182.10 3,270.30 758.75 114.60 465,138.02 (6) Revenue estimate decrease of ..... $ (7) Revenue estimate decrease of ..... (19) Revenue estimate decrease of ..... (21) Revenue estimate decrease of ..... 1,157.86 24,112.96 978.00 1,635.15 From Grants-in-Aid Commonwealth BE IT FURTHER ORDAINED that, an emergency existing, 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 April, 1977. No. 23533. AN ORDINANCE authorizing and directing the proper City officials to execute and deliver a certain deed of easement to the Appalachian Power Company. WHEREAS, the City Manager has recommended the granting of an easement herein authorized in order that the Appalachian Power Company may provide under- ground electric service for a Medium Intensity Approach Light System with runway alignment lights to serve Runway 5 at Roanoke Municipal Airport, Wood-rum Field, in which recommendation this Council concurs. THEREFORE, 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 written indenture to the Appalachian Power Company, conveying unto said Company a right-of-way and easement, with the right, privilege, and authority to said corporation, its successors and assigns, to construct, erect, operate and maintain underground lines for the purpose of providing electric service for a Medium Intensity Approach Light System with runway alignment lights to serve Runway 5 at Roanoke Municipal Airport, Woodrum Field, said right-of-way being situate in the City of Roanoke in the City of Roanoke Airport Clear Zone, the location of said electric power line being shown in the color red on the map entitled "Proposed Right of Way on Property of City of Roanoke", dated March 1, 1977, a copy of which is on file in the Office of the City Clerk, for a nominal consideration of $1.00 for said deed of easement, and after the form of such indenture shall have been approved by the City Attorney. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 1977. No. 23535. AN ORDINANCE authorizing the execution of an amendment to the Amendment to the Agreement of Lease dated january 5, 1976, between the City of Roanoke and' Piedmont Aviation, Inc., heretofore authorized by Ordinance No. 22641, dated January 5, 1976, upon certain terms and conditions. WHEREAS, the City Manager, by report dated March 28, 1977, requested this Council to authorize execution of an amendment to the City's Agreement dated March 1, 1975 and to the Amendment to the Agreement of Lease dated January 5, 1976, with Piedmont Aviation, Inc., for the construction and operation of a fixed base operation at Roanoke Municipal Airport, Woodrum Field, which amendment would provide for an increase in the area to be leased in Parcel No. 2 of Lease Area A of said Agreement at the prevailing rate; and 483 484 WHEREAS, the Airport Advisory Commission has concurred in said report. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed for and on behalf of the City of Roanoke, to execute on form approved by the City Attorney, and amendment to the Amendment to the Agreement of Lease dated January 5, 1976, between the City of Roanoke and Piedmont Aviation, Inc., for fixed base operations at Roanoke Municipal Airport, Woodrum Field, heretofore authorized by Ordinance No. 22641, dated January 5, 1976, which amendment will provide for an increase of 11,400 square feet of Parcel No. 2 of Lease Area A of said agreement, as shown on a plat showing survey of lease areas from City of Roanoke to Piedmont Aviation, Inc., dated November 12, 1976, on file in the Office of the City Engineer, the rental rate for said increased area to be at the rate established by the aforesaid agreement. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th Uay of April, 1977. ~!o. 23536. AN ORDINANCE authorizing execution of a deed of release, releasing a portion of the City's interest in certain storm drain and sanitary sewer easements heretofore abandoned by the City of Roanoke, upon certain terms and conditions. WHEREAS, the City Manager, in a March 28, 1977 report to this Council, at the request of the City of Roanoke Redevelopment and Housing Authority, requested that this Council authorize the release of certain storm drain and sanitary sewer easements heretofore abandoned by the City of Roanoke and located in the Gainsboro Neighborhood Development area of the City of Roanoke Redevelopment and Housing Authority. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be and they are hereby authorized for and on behalf of the City to execute a deed of release, releasing the City's interest in those certain storm drain and sanitary sewer easements as shown on a map showing existing easements to be vacated in Section Four, Gainsboro Neighborhood Developmen Program, prepared by Hayes, Seay, Mattern & Mattern, on file in the Office of the City Engineer, which easements heretofore have been abandoned by the City of Roanoke, said deed of release to be for a nominal consideration and to be upon form approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 1977. No. 23537. AN ORDINANCE providing for the lease of certain City farmland located at Coyner Springs, in Botetourt County, upon certain terms and conditions. WHEREAS, the City Manager has recommended the leasing of approximately twelve (12) acres of City-owned farmland at Coyner Springs for the growing of crops, upon the conditions hereinafter set out, in which recommendation the CounciI concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of James B. Ballard, for the lease of approximately 11.93 acres of cleared farmland owned by the City near Coyner Springs, in Botetourt County, Virginia, set out in detail on Plan No. 5382, prepared under date of March 21, 1973, in the Office of the City Engineer, for a three year term begin- ning April 20, 1976, at a rental of $100.00, for the term, payable in advance and in no event subject to proration; the lessee to be solely responsible for the maintenance and upkeep of said land during the term of said lease; and the use of said land by said lessee to be limited to the planting and harvesting of corn, and matters ancillary thereto; be and said offer is hereby ACCEPTED; and 2. ~hat the City Manager be, and he is hereby authorized and directed, fer and on behalf of the City, to execute a written lease of the aforesaid lands to the said offeror, said lease to be upon such form as is prepared and approved by the City Attorney and to be upon such terms and conditions as are hereinabove set out, and to contain the following provisions for termination and renewal, viz: That should either party desire to terminate said lease, a thirty-day written notice shall be given, in advance, provided, however, should the lessee have planted a crop, as yet unharvested, the City shall give four months written notice of termination; and that said lease may be renewed upon its termination for a further period of three years by mutual agreement between the City and the lessee. ATTEST: City Clerk APPROVED Mayor 485 486 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 1977. No. 23538. AN ORDINANCE amending Section 2, Amendments, of Chapter 3.2, BOCA Basic Plumbing Code, of Title XV, Construction, etc., of the Code of the City of Roanoke (1956), as heretofore amended, by adding a new section numbered P-114.3, Inspections, to the Basic Plumbing Code, as adopted by reference. WHEREAS, the City Manager, by report dated March 28, 1977, recommended to the Council that the City's plumbing code, as set forth in the Code of the City of Roanoke (1956), as heretofore amended, be amended in certain respects, in which recommendation this Council concurs; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 2, Amendments, of Chapter 3.2, BOCA Basic Plumbing Code, of Title XV, Construction, etc., of the Code of the City of Roanoke (1956), as amended, is hereby amended and reordained by the addition of a new section numbered P-114.3 to read and provide as follows, towit: P-114.3. Inspections. The building commissioner's department shall be authorized a minimum of ten working hours within which to conduct a plumbing inspection after receipt of a request for such inspection in the commissioner's office. As used in this section, "working hours" shall have reference to the regular business hours during which the office is open for cond~d~ti~ busi~ss with the general public. A P P R OV ~ D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 1977. No. 23539. AN ORDINANCE to amend and reordain Title XIX. Transportation, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new chapter relating to urban mass transit buses, to be numbered chapter 1.1. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XIX. Transportation, of the Code of the City of Roanoke, 1956, as amended, be and said title is hereby amended and reordained by the addition of a new chapter to be numbered and entitled 1.1. Urban Mass Transit Buses, and to read and provide as follows: CHAPTER 1.1. URBAN MASS TRANSIT BUSES. Sec. 1. Definitions. The term "urban mass transit bus" as used in this chapter shall mean every automobile bus used in the business of transporting persons for compensation over the streets of the city either from points within the city to other points within the city, or from points · .,;+~;~ +h~ ~;~ ~ ~n~ wi~h~u~ ~h~ ~itv located The term "urban mass transit bus operator" as used in this chapter shall mean every person, firm, corpora- tion, association, partnership, their lessees, trustees or receivers owning, controlling or operating any urban mass transit bus as herein defined. Sec. 2. Applicability. The provisions of this chapter shall apply to every urban mass transit bus and every urban mass transit bus operator as such terms are herein defined operating regularly scheduled urban mass transit service over the streets of the city. Sec. 3. Operation of urban mass transit buses generally. The operation of urban mass transit buses and the con- duct of the business of an urban mass transit bus operator shall be subject to the conditions, regulations and res- trictions herein set forth, and it shall be unlawful on or after July 1, 1977, to operate or cause to be operated in said city any urban mass transit bus unless a certificate of public convenience and necessity, and a license therefor have been issued to the owner thereof, and unless the con- ditions, regulations and restrictions herein prescribed are complied with. Sec. 4. Certificate of public convenience and necessity-- Required. No license for the operation of an urban mass transit bus shall be issued, nor shall any urban mass transit bus be operated on the streets of the city, unless and until the city manager has issued a certificate that public convenience and necessity require the operation thereof. Sec. 5. Same--Application. Application for certificate of public convenience and necessity shall be made to the city manager and shall set forth the name and address of the applicant, the trade name under which the applicant does, or proposes to do business, schedules for operation, the number of vehicles the appli- cant desires to operate, the class, seating capacity, design, color scheme of each vehicle, and the lettering and marks to be used thereon, whether the applicant has been convicted of the violation of any state or municipal law and an agree- ment or stipulation that the applicant will operate and continue to operate during the period of time the certificate shall remain in effect, and any other information required by the city manager. Notice of such application and of the time, place and date fixed by the city manager for consider- ation thereof and a hearing thereon shall be published by and at expense of the applicant twice in a newspaper of gen- eral circulation, published in the city, such publications to appear within 15 days prior to the date of hearing and to be not less than 6 days apart. Sec. 6. Same--Investigation and hearing. The city manager shall make or cause to be made an investigation, including any hearing deemed desirable, as to each application for a certificate of public conveni- ence and necessity to operate an urban mass transit bus, and shall determine whether or not public convenience and necessity require the operation of such vehicle or vehicles, and whether or not the applicant is a person of suitable character and qualifications to conduct such business, and in determining this latter question, the city manager may investigate the fitness of the officers and stockholders of any corporation making such application. If the city manager has cause to believe that public convenience and necessity require additional urban mass transit bus service, and an applicant is not an operator operating existing service, he shall inquire into the willingness and ability of operators operating existing service to furnish it and the probable effect of added competition on them and on the quality of their service. The city manager shall report, in writing, his findings hereunder, with recommendations, to the city council. Sec. 7. Same--Issuance or refusal; transferability, etc. At or before the next succeeding regular meeting of the city council after the meeting at which the report of the city manager required by section 6 of this chapter is pre- sented to the city council, any applicant for a certificate of convenience and necessity, or other interested party, may 487 file written exceptions thereto with the city clerk; and such applicant, or interested party shall have an opportunity to be heard on the exceptions to the report at such time as may be fixed by the city council for the purpose. The deci- sion of the city council with regard to such exceptions and the report shall be final, and the city manager shall issue no certificate of public convenience and necessity except upon such terms and conditions as the city council may prescribe, and such certificate shall be in strict accordance therewith. Within thirty days after such decision, any applicant favored by it shall furnish the city manager with information as to the particular vehicle or vehicles for which the certificate is to be issued, such information to include as to each vehicle the make, state license number, the length of time it has been in service and the motor power, the name and address of the person from whom the vehicle was purchased, and any other information required by the city manager. If the city manager finds that such applicant is the owner of such vehicle, or vehicles, that the same are fit and safe for the transporta- tion of passengers and conform to the requirements of this chapter and such other requirements as the city manager may make under the authority conferred on him by this chapter, he shall issue to the successful applicant a certificate of convenience and necessity. No such certificate shall be transferable, except by ordinance of the city council passed after receiving and considering a written report of an investigation to be made by the city manager regarding the character and qualifications of the appli- cant transferee. The holder of any such certificate may, however, by an appropriate endorsement made thereon by the city manager, substitute another vehicle or vehicles in place of that for which the certificate is granted. Sec. 8. Same--Revocation. The city manager may revoke, for cause, any certificate of convenience and necessity, but such action shall be sub- ject to review and reversal by the city council, provided the holder thereof petitions the city council for a hearing within ten days after the mailing to him of written notice of such revocation by the city manager, at the holder's last known address. All privileges under such certificate shall be suspended from the time of revocation by the city manager until such time as the city council reverses the action of the city manager in revoking such certificate. Sec. 9. Vehicle licenses. Upon presentation of the certificate of convenience and necessity required by this chapter within thirty days of its date and satisfactory evidence that all license fees have been paid to the city treasurer, and that the insurance policy or bond hereinafter required has been duly filed, the commissioner of revenue shall issue to the applicant a license for each and every vehicle specified in said certif- icate; provided, however, that any certificate issued here- under shall be effective until cancelled, and no additional certificate shall be required for the purpose of obtaining licenses so long as the original certificates remain in effect. Sec. 10. Inspection of vehicles; unsafe vehicles, etc. The city manager shall from time to time cause to be made an inspection of each urban mass transit bus subject to a certificate of convenience and necessity required by this chapter. If any vehicle shall be found unsafe or unfit for operation, notice shall be given to the holder of the certificate of convenience and necessity and license there- for, and such vehicle shall not be operated thereafter until the same has been put in safe and fit condition. Sec. 11. Service. (a) Ail urban mass transit buses and the equipment used in connection therewith shall at all times be kept in proper physical condition to the satisfaction of the city manager or his duly authorized representatives so as to render safe, adequate and proper public service, and so as not to be a menace to the safety of the patrons or the gen- eral public. (b) Adequate and efficient public service shall at all times be maintained by the holders of certificates of con- venience and necessity and licenses. (c) Ail urban mass transit buses shall at all times be kept clean and sufficiently ventilated and shall be efficiently lighted at night. 489 Sec. 12. Compliance with police orders. Ail urban mass transit buses shall be made to observe and comply with all orders by word or sign by the police officers of the city and with all signs and directions placed in said streets by the superintendent of police for the direction or control of traffic. Sec. 13. Lost articles. The person in charge of any urban mass transit bus shall carefully preserve any money or other property left in such vehicle by any passenger and the same shall be promptly deposited with the owner of said vehicle, who shall keep the same at some convenient point within the said city, where the same may be called for by the owner. When such money or property shall have been identified and ownership estab- lished, the same shall be promptly delivered to such owner. Any property, whether money or other things, which shall not be called for within sixty days shall be disposed of according to law. Sec. 14. Violations of sections 11 to 13 of this chapter. For any violation of sections 11 to 13 of this chapter, both the driver and owner of the urban mass transit bus shall be fined not less than five dollars nor more than one hundred dollars for each offense, except that the owner shall not be liable for failure to comply with section 12 of this chapter or for failure to account for lost property of which he has no knowledge. Sec. 15. Insurance policies or bonds. (a) Insurance policy. Urban mass transit buses shall not be operated or any license issued therefor unless and until the owner has filed with the city clerk, for each vehicle operated, a liability insurance policy of some liability insurance company authorized to do business in this state, providing for the payment of any final judgment in an amount to be established by the city council at the time of the issuance of the certificate of public convenience and necessity required by this chapter, for injury to or death of any one person, or for injury to or death of more than one person in any one accident, and for the payment of any final judgment for damage to property, that may be rendered against the insured for injury, death or damage caused by or arising out of the operation of such vehicle or vehicles. (b) Bond. In lieu of such insurance policy, the applicant may deposit a bond of surety company authorized to do business in the state naming the city as obligee and insuring persons who may be injured or whose property may be damaged by the operation of such public vehicle, in such amounts to be established by the city council at the time of the issuance of the certificate of public con- venience and necessity required by this chapter, and con- ditioned that action may be brought thereon by any person so damaged against said surety company for the amount of such damage, up to the amount named therein. The insurance policy or bond provided for in this section shall be approved by the city manager. The policy of insurance or bond so deposited shall con- tain a clause obligating the company issuing the same to give twenty days' notice in writing to the city manager before cancellation thereof. The license for the operation of such vehicle or vehicles shall expire upon the lapse or termination of said policy or bond, subject to reinstate- ment upon compliance with the provisions hereinabove con- tained, but such cancellation shall not relieve the insur- ance or surety company of liability for any injury happen- ing before such cancellation becomes effective. Sec. 16. Rates--Posting. The city council shall from time to time upon application duly made by the holder of a certifi- cate of public convenience and necessity required by this chapter establish the rates to be charged for the transportation of passengers within the city by urban mass transit buses and no different rate shall at anytime be charged or collected for such services. There shall be posted in a conspicuous place inside each urban mass transit bus, printed in legible type, a card showing the fare prescribed to be charged for the use thereof. 49O Sec. 17. Same--Driving without license. Any person operating an urban mass transit bus without having first obtained a requisite driver's license to operate such bus, or operating an urban mass transit bus within one year after conviction for the violation of any provisions of this chapter, shall be punished by a fine of not more than five hundred dollars or imprisonment for not more than six months, or by both such fine and imprisonment. Any owner of an urban mass transit bus who shall permit the same to be operated by any person who has not obtained a requisite driver's license to operate such bus shall be fined not more than five hundred dollars. Sec. 18. Additional rules and regulations. The city manager is authorized and directed to make and enforce such additional rules and regula- tions not in conflict with the provisions of this chapter as he may deem proper to regulate the operation of urban mass transit buses; provided, that no regulation shall be made or enforced in conflict with Chapter 1 of Title XVIII. Sec. 19. Purpose of chapter. This chapter is adopted under the general police power granted to the city by its Charter. It is not intended hereby to grant or offer any franchise, but it is intended to regulate the operation of urban mass transit buses in the city. Sec. 20. General penal provision. For any violation of any of the provisions of this chapter for which no penalty is elsewhere herein prescribed, the offender shall be fined not to exceed five hundred dollars or imprisoned not more than six months, or be punished by both fine and imprisonment. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 1977. No. 23541. AN ORDINANCE authorizing the lease of certain property, recently acquired by the City in the Back Creek Area, Roanoke County, to the present tenants upon certain terms and conditions, and authorizing the City Manager to seek public competitive bids for the sale and lease of certain other property located in the same area. WHEREAS, the Water Resources Committee by report of March 14, 1977, recommended the lease of five (5) acres of bottom land of the Weaver parcel to Henry E. Leslie, the current tenant, at $10 per acre per annum for farming purposes and the lease of a stucco house on the Stultz Sun Valley Swim Club parcel to Jerry L. Routt, the present tenant, at $125.00 per month; and WHEREAS, the aforementioned report also recommends that the City Manager seek public competitive bids for the sale of a seventy-two (72) foot mobile home located on the Weaver parcel and for the lease of the ten (10) acre Sun Valley Swim Club and Campground on the Stultz parcel, less the stucco dwelling to be leased by Jerry L. Routt; 491 follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as 1. That the offer of Henry E. Leslie for the lease of approximately five (5) acres of bottom land of the Weaver parcel in the Back Creek area, Roanoke County, for a one year term, at a rental of $10 per acre per annum for the term, payable in advance and in no event subject to proration, with the lessee to be solely responsible for the maintenance and upkeep of such land during the term of such lease and such use of such land by the lessee to be limited to farming and ancillary purposes, is hereby ACCEPTED; 2. That the City Manager be and is hereby authorized and directed, for and on behalf of the City, to execute a written lease of the aforesaid lands to the said offeror, such lease to be upon a form prepared and approved by the City Attorney and to be upon such terms and conditions as are hereinabove set out, and to contain the following provisions for termination and renewal, viz: That a written notice of thirty (30) days prior to expiration of this lease shall be given by the lessee should he desire to vacate said premises and should the lessor desire possession at termination of this lease, a like thirty (30) day notice shall be required to be given by the lessor; and in the event no such notice is given by either party, then this lease shall continue in force from year to year. BE IT FURTHER ORDAINED as follows: 1. That the offer of Jerry L. Routt for the lease of a stucco house on the Stultz Sun Valley Swim Club parcel in the Back Creek area, Roanoke County, for a one year term, at a rental of $125.00 per month, payable on the first day of each month at the office of the City Manager or his designee, with the utilities to be provided by Mr. Routt, is hereby ACCEPTED; 2. That the City Manager be and is hereby authorized and directed, for and on behalf of the City, to execute a written lease of the aforesaid premises to the said offeror, such lease to be upon a form prepared and approved by the City Attorney and to be upon such terms and conditions as are hereinabove set out, and to contain the following provisions for termination and renewal, viz: That a written notice of thirty (30) days prior to expiration of this lease shall be given by the lessee should he desire to vacate said premises and should the lessor desire possession at termination of this lease, a like thirty (30) day notice shall be required to be given by the lessor; and in the event no such notice is given by either party, then this lease shall continue in force from year to year. 3. That the City Manager or his designee is authorized and directed to receive and to account to the Director of Finance for the aforesaid monthly rental. BE IT FINALLY ORDAINED that the City Manager is authorized and directed to seek public competitive bids for the sale of a seventy-two (72) foot mobile home located on the Weaver parcel with the purchaser to remove such trailer from the property at his expense, and for the lease of the ten (10) acre Sun Valley Swim Club and Campground on the Stultz parcel. 492 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 1977. No. 23547. AN ORDINANCE authorizing execution of an agreement with Roanoke Transportation Museum, Inc., providing for lease to and operation of the Roanoke Transportation Museum by said organization for a term of years, upon certain terms and conditions. WHEREAS, the City having agreed in principle to the operation of the Roanoke Transportation Museum by a private non-profit organization, and Roanoke Transportation Museum, Inc., a recently formed non-profit organization, having offered to enter into an agreement with the City providing for its lease of the transportation museum area in Wasena Park and providing for said corpo- ration's continued operation of the Transportation Museum facilities upon the terms set out in a proposed lease agreement to be entered into by the City of Roanoke as lessor and the Roanoke Transportation Museum, Inc., as lessee, a copy of which said lease agreement is on file in the office of the City Clerk; which proposal is recommended by the City Manager and in which the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and is authorized to enter into a certain written lease agreement on behalf of the City with Roanoke Transportation Museum, Inc., upon such form as is approved by the City Attorney, but such lease agreement to contain all and singular the terms, conditions and provisions of that certain lease agreement proposed to be entered into by the City of Roanoke as lessor and Roanoke Transportation Museum, Inc., as lessee, providing for the lease and operation of the Roanoke Transportation Museum, a copy of which is on file in the office of the City Clerk. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 1977. No. 23551. A RESOLUTION authorizing the City Manager to direct that competitive bids be sought for construction of the new jail facility in the City of Roanoke; withdrawing the offer made to the County of Roanoke to participate in joint-use of this facility; and reaffirming this Council's belief that one regional jail facility would be in the best interests of the entire Roanoke Valley and holding open the opportunity for other jurisdictions in this Valley to initiate discussions concerning joint-use of this jail facility. 493 WHEREAS, plans for the new jail facility to be constructed within the City of Roanoke are now complete and final reviews 6f such plans by the various involved governmental agencies are in process and will be completed within the next several weeks; WHEREAS, the City has previously transmitted to the County of Roanoke an offer for joint-use of the new jail facility to be constructed within this City; WHEREAS, by letter of March 24, 1977, from the Chairman of the Roanoke County Board of Supervisors, the County has rejected the City's offer to join with the City in the construction of a regional jail; WHEREAS, the City of Roanoke still deems it to be in the best interest of the citizens of all the political subdivisions of the Roanoke Valley to construct one joint-use regional jail facility to serve the entire Valley; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to direct the architect of the jail facility to solicit competitive bids at the earliest practical date without further delay; BE IT FURTHER RESOLVED that this City withdraws the offer made to the County of Roanoke to participate in a joint-use jail facility to be located in the City of Roanoke, such offer having been rejected by letter of March 24, 1977; BE IT FINALLY RESOLVED that the City of Roanoke still believes it is in the best interest of the entire Roanoke Valley that only one jail be built to serve as a joint-use facility for all jurisdictions in the Valley, and this City stands ready to discuss with any jurisdiction within the Valley, including Craig County, the possibility of such other jurisdiction's sharing the use of the jail facility being constructed within the City. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 1977. No. 23552. AN ORDINANCE to amend and reordain Section #0716, "Jail," of the 1976-77 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 #0716, "Jail," of the 1976-77 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JAIL #0716 Other Services and Charges (1) ........ $21,962.50 Not previously appropriated (1) Net increase ................. $6,000.00 - 11 494 BE IT FURTHER ORDAINED that, an emergency existing, 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 April, 1977. No. 23553. AN ORDINANCE amending and reordaining Section 3.1, Rental of equipment in vacant stalls, of Chapter 2, Market regulations, of Title IX, Markets, Code of the City of Roanoke (1956), as amended, providing for rental rates to be charged for certain equipment in vacant stalls at the City Market; and providing for an emergency. WHEREAS, the City Manager in a report to the Council dated April 4, 1977, recommended the establishment of rental rates for nonrefrigerated display cases and nonrefrigerated storage boxes in vacant stalls at the City Market, in which recommendation this Council concurs, WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 3.1, Rental of equipment in vacant stalls, of Chapter 2, Market regulations of 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: Sec. 3.1. Rental of equipment in vacant stalls. Should any market stall become vacant, during the period of such vacancy, a display case or storage box assigned to such stall may be offered for rent as follows: (a) A refrigerated display case in any vacant stall may be rented only to the lessee of an adjoining stall at a rate of thirty dollars per month, payable in advance; (b) A refrigerated storage box in any vacant stall may be rented to the lessee of any inside or outside stall at a rate of twelve dollars and fifty cents per month, payable in advance. (c) A nonrefrigerated display case in any vacant stall may be rented only to the lessee of an adjoining stall at a rate of ten dollars per month, payable in advance. (d) A nonrefrigerated storage box in any vacant stall may be rented to the lessee of any inside or outside stall at a rate of five dollars per month, payable in advance. (e) In no case shall any meat or food products be cut or prepared in any vacant stall by the lessee of such display case or storage box nor shall the rental of any display case or storage box entitle the lessee to any use of such vacant stall other than for the sale of meat and food products direc- tly from said display case. All rentals pursuant to this section shall be terminable by the City 495 for any cause on thirty (30) days prior written notice to the lessee of such equipment, without proration, refund or return of any amount of advance rental paid therefor. BE IT FURTHER ORDAINED that an emergency existing 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 4th day of April, 1977. No. 23554. AN ORDINANCE to amend and reordain Section #2005, "Sewage Treatment Fund," and Section #2401, "Capital Outlay From Revenue," of the 1976-77 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 Section #2005, "Sewage Treatment Fund," and Section #2401, "Capital Outlay From Revenue," of the 1976-77 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND #2005 Maintenance (1) ............ $25,145.00 CAPITAL OUTLAY FROM REVENUE #2401 Digester Repairs (2) ....... 40,358.00 Transfer (1) Net decrease ........... $358.00 (2) Net increase ........... 358.00 BE IT FURTHER ORDAINED that an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 496 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 1977. No. 23555. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1, as hereinafter set forth, to the City's contract with Southwest Construction Company for the repair of three digesters at the Sewage Treatment Plant; upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager, in report to the Council dated April 4, 1977, has recommended that the Council approve the issuance of a change order to the City's contract with Southwest Construction Company for repair of three digesters at the Sewage Treatment Plant so as to provide for certain changes in materials and work as hereinafter set out; WHEREAS, the original appropriation for this project amounted to $40,000.00 and by this change order the total amount of the contract will exceed the original appropriation by $358.00, and the City Manager recommends that he be authorized to transfer $358.00 from the appropriate operating account; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 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 Southwest Cu~,str~cti~n CumFany for the repair of three digesters at the Sewage Treatment Plant authorized by Ordinance No. 23461, dated January 24, 1977; viz: Description of Change Order: 1. Repair 25 concrete columns at $60.00 per column 2. Paint roof of digester No. 1 with epoxy paint Total of Change Order Original Contract Amount: Net Amount of this Change Order Contract Amount after this Change Order $ 1,500.00 $ 4,138.00 $ 5,638.00 $ 34,720.00 $ 5,638.00 $ 40,358.00. BE IT FURTHER ORDAINED that the City Manager is authorized to transfer $358.00 from the appropriate operating account to cover the difference between the amount appropriated for this project and the actual cost. BE IT FINALLY ORDAINED that an emergency exists and that this ordinance shall be in force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor 497 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 1977. No. 23556. AN ORDINANCE authorizing the issuance of Change Order No. 1 to the City's contract with H & S Construction Company for the construction of curb, gutter entrances, and drainage facilities along Edgerton Avenue, 18th Street, and Riverdal~ Avenue, S. E.; upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager, in report to the Council dated April 4, 1977, has recommended that the Council approve the issuance of a change order to the City's contract with H & S Construction Company for the construction of curb, gutter entrances, and drainage facilities along Edgerton Avenue, 18th Street, and Riverdale Avenue, S. E., so as to provide for the installation of concrete steps and sidewalk and for a seven (7) day extension of the contractor's time for the performance of this contract; WHEREAS, Council is of the opinion that the change proposed is necessary for the reasons stated by the City Manager and, accordingly, concurs in said proposal, and funds sufficient to defray the additional cost incurred by the change order herein authorized by Council have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 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 H & S Construction Company, Roanoke, Virginia, providing for payment of an additional $2,100.00 to the contractor for the purpose of installing concrete steps and sidewalk, raising the total contract amount to $49,666.00, and authorizing H & S Construction Company an additional seven days in which to perform the terms of the contract; BE IT FURTHER ORDAINED that, an emergency existing, 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 4th day of April, 1977. No. 23557. AN ORDINANCE awarding contracts for furnishing traffic paint to the City; accepting bids made therefor; rejecting other bids; and providing for an emergency. WHEREAS, on March 22, 1977, and after due and proper advertisement had been made therefor, bids for furnishing and delivering traffic paint to the City 498 were received in the office of the City's Manager of Purchasing and Materials Control and were opened in the Civil Defense Conference Room before three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council under date of April 4, 1977. WHEREAS, the City Manager, concurring in the committee's report has recommended award of the contracts as hereinafter provided; and the Council considering all of the same, has determined that the bids hereinafter accepted are the lowest and best bids made to the City for the supply of said paint and that funds sufficient to pay for the purchase prices of said paint have been appropriated; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposals of the following bidders as hereinafter set out, viz: ITEM SUCCESSFUL BIDDER TOTAL PRICE 500 gal. traffic paint Cavalier Equipment Company $ 2,030.00 White, 5 gal. drums 200 gal. traffic paint Cavalier Equipment Company $ 884.00 Yellow, 5 gal. drums 2370 gal. traffic paint William Armstrong Smith Co. $ 6,399.00 Yellow, 30 gal. drums 1650 gal. traffic paint PPG Industries $ 4,488.00; White, 30 gal. drums be and said proposals are hereby ACCEPTED; and 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, said purchase orders to be made and filed in accordance with the City's specifications, the bidder's proposals made therefor and in accordance with this ordinance. BE IT FURTHER ORDAINED that the other bids received for the supply of the aforesaid traffic paint 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 of said bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor 499 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 1977. No. 23558. AN ORDINANCE providing for the purchase and acquisition of various types of communications equipment for use by the City, by accepting the proposal of Motorola Communications and Electronics, Incorporated, of Roanoke, Virginia, upon certain terms and conditions; and providing for an emergency. WHEREAS, on March 22, 1977, and after due and proper advertisement had been made therefor, bids for the supply to the City of various types of communica- tions equipment hereinafter set forth were received and opened by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, under date of April 4, 1977, recommending award of the contract as hereinafter provided; and the Council considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said equipment and that funds sufficient to pay for the purchase price of said equipment have been or are being appropriated for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Motorola Communications and Electronics, Incorporated, of Roanoke, Virginia, which bid meets all of the City's specifications made for said equipment, to furnish, sell and deliver to the City the following communications equipment, to-wit: Item I Item II Item III Item IV Item V Item VI Item VII Item VIII Item IX Items of Equipment 13 New two-way Mobile Radios NBFM 140-170 MHz, as specified 4 New two-way Mobile Radios NBFM 140-170 MHz, as specified 11 New two-way Mobile Radios NBFM 140-170 MHz, as specified 5 New two-way Mobile Radios NBFM 140-170 MHz, as specified 2 New two-way Mobile Radios NBFM 140-170 MHz, as specified 1 New two-way Mobile Radio NBFM 140-170 MHz, as specified 4 New two-way Portable Radios NBFM 140-170 MHz, as specified 1 New two-way Portable Radio NBFM 140-170 MHz, as specified 5 New Single Unite Chargers for Portable Radios specified in Item VII and VIII 4 New Single Unit Chargers as specified LUMP SUM TOTAL OF ALL ITEMS 1 THRU IX Less Trade Allowance - New Sum Total After Trade Allowance LUMP SUM BID ALL ITEMS INCLUDING TRADE-IN Unit Price $ 863.10 977.40 977.40 863.10 922.50 441.00 612.00 612.00 32.40 49.50 $35,902.80 1,994.60 33,908.20 5OO be, and said proposal is hereby ACCEPTED; and the City's Manager of Purchasing and Materials Control is hereby authorized and directed to issue to Motorola Communications and Electronics, Incorporated, the City's purchase order for the aforesaid equipment, incorporating into said purchase order the City's aforesaid specifications, said bidder's proposal, guarantees and warranties, and the provisions of this ordinance; and upon delivery to the City and said City's acceptance of said new equipment, the proper City officials shall be, and are hereby authorized to make payment to said supplier of the net sum of $26,727.64. BE IT FURTHER ORDAINED that, an emergency existing, 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 4th day of April, 1977. No. 23560. A RESOLUTION authorizing the Commonwealth of Virginia, Department of Highways and Transportation to enter upon certain property of the City for the purpose of constructing thereon certain highway improvements in connection with Highway Project No. U000-128-102, PE-101, RW-201, C-501, B-605, upon certain terms and conditions. WHEREAS, the City Manager has advised the Council that it has become necessary for the Virginia Department of Highways and Transportation to acquire certain property from the City in connection with Highway Project No. U000-128- 102, PE-101, RW-201, C-501, B-605, the Buzzard Rock Ford Bridge and street widening project; being designated Highway Project Parcel Nos. 003 and 013; but, that in connection therewith it is likewise necessry to prevent delay in construction that said Department be granted the immediate right to enter upon such property and to construct thereon certain highway improvements pending acquisition thereof, and recommending that the Virginia Department of Highways and Transportation be granted such rights in the premises, in which recommendation the council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he hereby is authorized and directed to enter into a written agreement, approved as to form by the City Attorney, with the Commonwealth of Virginia, Department of Highways and Transportation authorizing said Department to immediately enter upon certain property of the City of Roanoke designated on the Tax Appraisal Maps of the City as Official Nos. 4340101, 4340102 and 4330301, being designated Highway Project Parcel Nos. 003 and 013, and to be more particular] described in said agreement, and to construct thereon certain highway improvements in connection with Highway Project No. U000-128-102, PE-101, RW-201, C-501, B- 605, upon the express condition that any portion of said parcels required to be used for permanent highway improvements shall be thereafter purchased by the Commonwealth at the fair market value of such property so used and subject also to the payment of damages to any residue property of the City. BE IT FURTHER RESOLVED that the City Clerk shall transmit an attested copy of this resolution to the Commonwealth of Virginia, Department of Highways and Transportation. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 1977. No. 23561. A RESOLUTION commending the members of the Auxilary Police of the City of Roanoke for their valuable services to the City for the calendar year 1976. WHEREAS, the City Manager, by report dated March 28, 1977, commended the Auxilary Police of the City for their interest in law enforcement and their voluntary participation in police activities, which has provided a valuable law enforcement service to the City, in which report this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does commend the members of the Auxilary Police of the City of Roanoke for the valuable services which they have rendered to the City for the calendar year 1976 through their interest in law enforcement and their voluntary participation in police activities. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to transmit an attested copy of this resolution to Capt. Billy S. Tyree, Commander of the Auxilary Police of the City of Roanoke. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 1977. No. 23562. A RESOLUTION enumerating the benefits of consolidation of the Cities of Roanoke and Salem, expressing Council's interest in this idea, and requesting that this resolution be communicated to the Salem City Council for its considera- tion. WHEREAS, the problems of urban jurisdictions, such as pollution, crime, traffic congestion, inner-city deterioration, and rising welfare costs, recognize no political boundaries, but are coextensive with urban society; WHEREAS, logic and sound business principles dictate the conclusion that fragmentation of political jurisdictions only exacerbates the existing problems; WHEREAS, consolidation of the sister cities of Roanoke and Salem would be advantageous for both jurisdictions by reducing conflicts, broadening the tax base, realizing economies of scale, eliminating duplication of effort, and simpli- fying long-range planning to solve urban problems; WHEREAS, through recent annexation proceedings, the City of Roanoke was awarded ample open land for residential, commercial and industrial development, and the City of Salem was denied such additional territory which is necessary for expansion and continued economic well-being; WHEREAS, the Code of Virginia (1950), as amended, provides in Article 3, Chapter 26, Title 15 (Sections 15.1-1099 to 1129), an explicit procedure for the consolidation of contiguous cities having the populations of the City of Roanoke and the City of Salem; THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke supports the concept of consolidation of fragmented political jurisdictions in the Roanoke Valley to meet the problems of the entire Valley and feels that such consolidation is in the best interest of all citizens of this Valley; BE IT FURTHER RESOLVED that Council particularly subscribes to the idea that merger of the Cities of Roanoke and Salem would be advantageous to both cities and their inhabitants; BE IT FINALLY RESOLVED that a copy of this resolution be transmitted to the Mayor of Salem with the request that the Salem City Council consider appointing a committee to discuss the proposed consolidation with the City of Roanoke. APPROVED ATTEST: City Clerk Mayor