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HomeMy WebLinkAbout22584-12/15/75 - 23041-6/23/76IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1975. No. 22584. AN ORDINANCE granting revocable, non-transferable permission to Roanoke Hospital Association to encroach on, under, into and beneath Belleview Avenue, S. E., in the City of Roanoke, upon certain terms and conditions. WHEREAS, Roanoke Hospital Association, owner of premises situate on both sides of Belleview Avenue, S. E., has requested a license and permit to encroach on, under, into and beneath Belleview Avenue, S. E., bounded by South Jefferson Street on the west and Ash Street, S. E., on the east, with certain underground retaining wall tie-backs, to the extent and in the manner shown on the hereinafter described plans, and the City Manager has recommended the granting of such license and permit, in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, pursuant to the authority vested in local governing bodies by §15.1-376 of the 1950 Code of Virginia, as amended, as follows: 1. That Roanoke Hospital Association hereinafter referred to as Permittee is hereby granted license and permit to encroach on, under, into and beneath Belleview Avenue, S. E., in the City of Roanoke, bounded by South Jefferson Street on the west and Ash Street, S. E., on the east, with certain underground retaining wall tie-backs to the extent and in the manner shown on the copy of the plans on file in the office of the City Clerk, entitled "Office Building & Parking Structure", prepared by Sherertz, Franklin and Shaffner dated December 9, 1974, and "Parking Structure For Roanoke Memorial Hospitals, Roanoke, Virginia, Special Foundation Wall", prepared by Eason-Coffin Associates, Durham, North Carolina, dated November 28, 1975, until such time as the encroach- ment or a substantial part thereof shall be removed or destroyed or until the same be ordered to be removed by ordinance of the Council of the City of Roanoke. 2. That the permission granted in paragraph 1 of this ordinance is granted upon and subject to the following additional terms and conditions: (a) That all costs of construction, maintenance and, when necessary, removal, of said retaining wall and tie-backs shall be borne by the Permittee, Roanoke Hospital Association; (b) That the retaining wall and tie-backs shall be constructed and maintained in a manner satisfactory to the City Manager, no such tie-back, however, to be less than three (3) feet below street grade where it enters the right-of-way of Bellview Avenue, S. E., and the City Manager to be provided a reproducible set of "as built" drawings showing the detail of the said retaining wall and each tie-back which encroaches into or under Belleview Avenue, S. E. (c) That the prescribed building permit procedure be followed; (d) That the Permittee, Roanoke Hospital Association, will pay to the City for the use and occupancy of the space in and below the street such charges as Council has heretofore or may hereafter prescribe for such use of the public streets and alleys which may be increased or decreased or otherwise modified at any time and from time to time by the Council; (e) That Roanoke Hospital Association protect all existing utilities during construction, and relocate as necessary, any such utilities at its sole expense, in a manner deemed satisfactory by the City Manager, and the utility owner; (f) That Roanoke Hospital Association cause its construction contractor to obtain liability insurance in amounts as required by the City Manager; (g) That the Permittee, Roanoke Hospital Association, will indemnify, keep and hold the City free and harmless from liability on account of injury or damage to persons, firms and corporations and property growing out of such use of the streets and the maintenance, repair, operation and removal of the encroachment, and in the event that suit shall be brought against the City, either independently or jointly with the Permittee on account thereof, the Permittee, at its expense, will defend the City in any such suit, and in the event of a final judgment being obtained against the City either independently or jointly with the Permittee it will pay such judgment and all costs and hold the City harmless therefrom; (h) The Permittee, Roanoke Hospital Association, will insure its liability in connection with the encroachment providing indemnities of not less than $100,000 for bodily injuries to any one person in any one occurrence and of not less than $300,000 for all bodily injuries resulting from any one occurrence, and of not less than $50,000 for property damage. The City shall be named as an additional insured under the insurance contract. The Permittee shall keep the insurance in full force and effect at all times during the installa~ maintenance, existence and removal of the encroachment. The Permittee shall provide the City with a certificate of insurance which shall contain a statement that the insurance is provided to enable the Permittee to perform its obligation under this paragraph (h) and that the insurance will not lapse or otherwise expire prior to sixty (60) days' written notice thereof given by the Permittee's insurance carrier to the City Manager of the City, anything in such insurance contract to the contrary notwithstanding; (i) The Permittee, Roanoke Hospital Association, shall furnish the City a bond with corporate surety approved by the City Attorney and Director of Finance in the sum of $10,000 conditioned upon the removal of the encroachment, the replacement and restoration of the street and any public utility therein damaged, disturbed or destroyed thereby in any manner and with materials to ion, the satisfaction of the City Manager on order to do so by the Council or upon repeal of this ordinance or upon the refusal, failure or neglect of the Permittee to comply fully and in all respects with the provisions of this and any other ordinance relating thereto. The Permittee shall pay all premiums chargeable for the bond and shall keep the same in full force and effect at all times during the existence and removal of the encroachment. The bond shall contain a provision that it shall not be terminated or otherwise allowed to expire prior to sixty days written notice to that effect given to the City Manager of the City. (j) This ordinance is adopted pursuant to the power granted local governing bodies by §15.1-376 of the 1950 Code of Virginia, as amended. It is not intended by the adoption of this ordinance to offer or grant a franchise and the permission hereby granted shall at all times be subject to revocation by the Council and the terms and conditions upon which it is granted shall be subject to modification at any time and from time to time by the Council. Upon such revocation or modification the Permittee will immediately conform to the requirements, if any, prescribed by the Council with respect thereto. 3. The permit herein granted is non-transferable and revocable at the will of the City Council, it to be agreed by said Permittee as evidenced by its execution of an attested copy of this ordinance, that said Permittee e~?ressly consents hereto and agrees, in consideration of the permit herein temporarily granted, that it will abide by each and every one of the terms and conditions herein contained and that upon notice of revocation of the within permit, expressed by ordinance of the City Council, said Permittee shall within one hundred twenty (120) days from the adoption of said ordinance, cause the encroachment herein permitted to be removed in a manner deemed satisfactory by the City Manager. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become effective until such time as a written acceptance, attached to an attested copy of this ordinance, shall have been duly signed, sealed, attested and acknowledged by said Permittee, agreeing to the terms and conditions upon which this permit and license is granted and agreeing to be bound thereby, and filed in the office of the City Clerk, a fully executed copy of this ordinance shall be recorded at the expense of the Permittee, in the Clerk's Office of the Circuit Court of the City of Roanoke; and a set of "as built" drawings showing the detail of said retaining wall and each tie-back which encroaches into or under Belleview Avenue, S. E., shall be filed by the Permittee with the City Clerk and with the City Engineer within sixty days next following construction of the aforesaid street encroachments. APPROVED ATTEST: City Clerk Mayor NO. ACCEP~TANCE ACCEPTED, and the terms and conditions of aforesaid Ordinance , AGREED to by the undersigned this day , 1975. ATTEST: ROANOKE HOSPITAL ASSOCIATION By STATE OF VIRGINIA CITY OF ROANOKE ) ) ) To-wit: ) , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that and , and , respectively, of ROANOKE HOSPITAL ASSOCIATION, whose names as such are signed to the foregoing ordinance bearing date the day of 1975, have personally appeared before me in my City and State afore- said and acknowledged the same. GIVEN under my hand this day of , 1975. My Commission Expires: . Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1975. No. 22598. A RESOLUTION authorizing the engagement of the services of a consultant to make study, report and recommendation on the overall tax bases and sources, both current and prospective, of the City; upon certain terms and conditions. WHEREAS, the Council, sitting as a Committee of the Whole, has proposed that a certain ceiling be imposed upon one of the tax revenues of the City and has further proposed that a certain reduction of said tax be made over a four year period beginning July 1, 1976; and WHEREAS, the Council believes, that in order to continue the level of services now being provided by the City and to increase same when and as needed, it is necessary to evaluate and develop new and additional sources of revenue for the City; and 5 WHEREAS, the Council deems it appropriate to provide for the engagement of consultants to assist the City administration in the development of such new and additional sources of revenue for the City; and WHEREAS, funds sufficient to defray the costs of such consultant's study have been or are being appropriated. 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 secure and engage a qualified professional consulting firm, expert in the field of evaluating tax bases and developing new and additional sources of revenue for government; such consultant to be engaged to perform such study under the direction of the City Manager and Director of Finance at a cost not to exceed $ 25,000.00 ATTEST: City Clerk APPROVED Mayor~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1975. No. 22599. AN ORDINANCE amending Chapter 3. Utility service tax., of Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new section, to be numbered Sec. 2.1., fixing a limit of $10,000 per month tax per utility service on any utility service taxable under Sec. 2. of said chapter and Title, for the period commencing January 1, 1976, and ending June 30, 1976; and providing for an emergency. WHEREAS, the Council deems it necessary and essential that the provisior of this ordinance take effect at the time hereinafter provided and that, for the usual daily operation of the municipal government an emergency exists. THEREFORE, 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 Sec. 2.1., to read and provide as follows: Sec. 2.1. Limitation of single utility tax. Notwithstanding the provisions of section 2, supra, of this chapter, or of other provisions of this chapter relating to the stating, collecting and reporting of the tax imposed and levied by section 2 of this chapter, the tax imposed on the purchaser of a utility service during the period commencing January 1, 1976, and ending June 30, 1976, shall not in any one month exceed a tax of $10,000.00 on any one such utility service. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall be in force and effect on January 1, 1976. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1975. No. 22600. A RESOLUTION stating the present intent of the City Council that the rate of the tax provided in Chapter 3. Utility service tax, of Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, on the purchasers of utility services, as defined in said chapter, be hereafter and commencing as of July 1, 1976, annually, over a four-year period, reduced in 2 1/2% increments from 20% to 10% of the charge made by the seller of such utility services. BE IT RESOLVED by the Council of the City of Roanoke that it doth hereby signify its present intent to hereafter, provided the financial condition of the City permits, and by proper ordinance or ordinances adopted by the Council, reduce from 20% to 17 1/2% the rate of the local tax imposed and levied by the City upon charges made by seller upon purchasers of utility services by Sec. 2., of Chapter 3., of Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, such reduction of rate to be applicable to the period from July 1, 1976, through June 30, 1977; to further reduce from 17 1/2% to 15% the rate of said tax during the period from July 1, 1977, to June 30, 1978; to further reduce the rate of said tax from 15% to 12 1/2% for the period commencir July 1, 1978, to June 30, 1979; and to further reduce the rate of said taxation from 12 1/2% to 10% for the period commencing on July 1, 1979, and thereafter. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1975. No. 22601. 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: R.A.D.A.R., H - P -90145/3-01 #906 Contractual Services (1) .............. $24,100.00 100% reimbursed by State funds (1) Net increase $24,100.00 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 15th day of December, 1975. No. 22602. AN ORDINANCE approving and authorizing the employment of Vosbeck Vosbeck Kendrick Redinger, Architects, to prepare plans and provide professional services relating to the design and construction of a public works center vehicle wash facility in Roanoke, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council by report dated December 15, 1975, that Vosbeck Vosbeck Kendrick Redinger, Architects, be employed upon the terms and conditions hereinafter set forth to prepare plans and provide professional services relating to the design and construction of a public works center vehicle wash facility in Roanoke, in which report and recommendations Council concurs; and WHEREAS, sufficient funds for this purpose have heretofore been appropriated by this Council; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect immediately 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 engage for the City, by written agreement to be entered into on form approved by the City Attorney, the services of Vosbeck Vosbeck Kendrick Redinger, Architects, to prepare plans and provide professional services relating to design and construction of a public works center vehicle wash facility in Roanoke, said agreement to provide for said Architects to be compensated in an amount not to exceed, without subsequent approval of this Council, the sum of $6,250.00, for all such services satisfactorily performed. 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 15th day of December, 1975. No. 22603. AN ORDINANCE authorizing execution of an agreement with the Commonwealth of Virginia, State Corporation Commission, Division of Aeronautics, with reference to an $80,000 grant of State funds to the City of Roanoke for certain construction and improvement of Roanoke Municipal Airport, Woodrum Field, under Project No. ADAP-8-51-0045, Contract No. FA-EA-1429; and providing for an emergency. WHEREAS, as indicated by the Council's Resolution No. 22264, adopted May 27, 1975, the Commonwealth of Virginia, acting through its State Corporation Commission and the latter's Division of Aeronautics, had committed to the City $80,000 of State funds towards payment of the total cost of providing overlay of the bituminous pavement of Runways 15/33 and 5/23 and performance of related work at the City's Municipal AirpOrt, provided the Federal Aviation Administration would grant Federal funds of not less than $480,000 and the City of Roanoke would provide not less than $80,000 of local funds towards payment of the cost of said project; and 9 WHEREAS, Federal Aviation Administration subsequently offered and the City of Roanoke accepted a grant of Federal funds in a sum not to exceed $480,000.00 with which to accomplish the aforesaid airport improvements, and said City has appropriated its aforesaid share of the funds required for payment of the total costs of said improvements, anticipating receipt from the Commonwealth of the $80,000 of State funds committed as aforesaid; and the Commonwealth has tendered, for execution by the City and the Commonwealth, under date of November 21, 1975, a written agreement pursuant to which the Commonwealth, acting through its State Corporation and Division of Aeronautics, would grant to the City $80,000, to be used for defraying the cost of the City's Airport Project No. ADAP-8-51-0045, and by which the City would agree that, in the event said Airport be abandoned, or cease to be used as such, or revert to other use prior to the expiration of twenty years from November 21, 1975, the City of Roanoke, referred to in the agreement as the Airport, will reimburse and refund to the Commonwealth's State Corporation Commission the amount of the aforesaid $80,000 grant; and the City Manager has recommended that the aforesaid agreement be executed by the City of Roanoke; 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be and they are authorized to execute and to seal and attest, respectively, that certain written agreement drawn under date of November 21, 1975, to be executed by the Commonwealth of Virginia, State Corporation Commission, Division of Aeronautics, and the City of Roanoke pursuant to which the Commonwealth, acting through its State Corporation and Division of Aeronautics, would grant to the City $80,000 to be used as aforesaid, and by which the City would agree that, in the event said Airport be abandoned, or cease to be used as such, or revert to other use prior to the expiration of twenty years from November 21, 1975, the City of Roanoke, referred to in the agreement as the Airport, will reimburse and refund to the Commonwealth's State Corporation Commission the amount of the aforesaid $80,000 grant; said agreement to be approved as to form by the City Attorney. BE IT FURTHER ORDAINED that an emergency exists, and that this ordinance be in force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor 10 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1975. No. 22604. AN ORDINANCE authorizing and providing for lease by the City of certain property located at 3772 Aerial Way Drive, S. W., in an area to be annexed to the City, from the owner of said property, to be used as a temporary fire station for the City's Fire Department, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager has reported to the Council that it is necessary to provide temporary fire stations in the areas of Roanoke County to be annexed to the City January 1, 1976, and a building which is or will be made suitable for such purpose is available at 3772 Aerial Way Drive, S. W., in an area to be annexed to the City of Roanoke, and recommends that the City enter into a lease with the owner of said building to lease same, upon certain terms and conditions, 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 to enter into a written Deed of Lease on behalf of the City with George Preas, of property and building at 3772 Aerial Way Drive, S. W., for use as a temporary fire station to serve a portion of the area to be annexed to the City January 1, 1976, the owner of said property to provide in said building sleeping, kitchen and toilet facilit~ and appropriate climate control equipment; said lease to be for a term of three (3) years, at a monthly rental of $750.00, commencing January 1, 1976, and terminating December 31, 1979; such lease to contain such other reasonable terms and provisions as may be approved 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1975. No. 22606. AN ORDINANCE to amend and reordain Section #896, "Transportation," of the 1975-76 General Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #896, "Transportation," of the 1975-76 General Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSPORTATION 9896 Contractual Services (1) ................. $614,258.00 (1) Net increase ............. $89,258.00 BE IT FURTHER ORDAINED that, an emergency existing, 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 December, 1975. No. 22607. AN ORDINANCE to amend and reordain Section 9896, "Transportation," of the 1975-76 General Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 9896, "Transportation," of the 1975-76 General Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSPORTATION #896 Temporary Advances (1) ............... $620,307 (1) Net increase $620,307 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 15th day of December, 1975. No. 22609. A RESOLUTION establishing Friday, December 26th, 1975, as a legal holiday for the current year only. WHEREAS, Christmas Day 1975 falls on a Thursday and, accordingly, if the following Friday was made a legal holiday, many of the employees of the City would be afforded a holiday from their normal duties not presently provided for, and those other regular employees of the City whose duties necessari] require them to work on that day would, by appropriate arrangement of their respective department heads, be similarly allowed, on some other day, eight (8) hours time off as an equivalent holiday. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, for the calendar year of 1975 only, Friday, December 26th, 1975, shall be observed as a legal holiday for all departments and offices of the Roanoke municipal government, except as may be otherwise provided by law and except as to such members of the police, fire and other departments of the city who are, by the nature of their duties, required to work on those days and, for such other regular employees, the City Manager shall arrange through respective department heads that each such other employee shall receive eight (8) hours equivalent time off. ATTEST: City Clerk APPROVED Mayor 13¸ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1975. No. 22605. AN ORDINANCE amending and reordaining paragraph (a) General provisions, of Sec. 15. Exemption of certain taxes on property of certain elderl~ persons, of Chapter 1. Current Taxes, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, in certain particulars relating to filing of affidavits by certain elderly persons claiming exemption; and providing for the effective date of this ordinance. WHEREAS, Sec. 58-760.1, Code of Virginia, 1950, as recently amended, authorizes the governing body of any city to enact legislation providing certain tax relief for certain elderly persons upon terms and conditions provided in said statute; and WHEREAS, Sec. 58-760.1, Code of Virginia, 1950, as amended, provides that persons claiming an exemption shall file an affidavit establishing eligibility not earlier than February first of each year; and the Council deems it advisable and proper that the provisions of this ordinance take effect on January 1, 1976. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that paragraph (a) General provisions, of Sec. 15. Exemption of certain taxes on propert~ of certain elderly persons, of Chapter 1. Current Taxes, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, be and said paragraph is hereby amended and reordained so as to read and provide as follows: Ia) General provisions. The commissioner of revenue shall, upon application made and within limits as hereinafter provided, order exemption of tax on real property owned and occupied as the sole dwelling house of a person or persons not less than sixty-five years of age, upon the terms and condi- tions hereinafter set out. To be eligible for such exemp- tion, the total combined income during the immediately preceding calendar year from all sources of the owners and relatives of the owners living in the dwelling on such property shall not exceed ten thousand dollars, provided that the first four thousand dollars of income of each relative, other than spouse, of the owner, or owners, who is living in the dwelling shall not be included in such total, and the net con~bined financial worth of such per- sons, including equitable interests, as of the thirty- first day of December of the immediately preceding calendar year, excluding the value of the dwelling and the land, not exceeding one acre upon which it is situated, shall not exceed thirty-five thousand dollars. The owner or owners claiming such exemption shall file annually with the co~missioner of revenue an affidavit setting forth an identification of the taxable real estate, the names of the persons occupying such real estate, that the total coaubined income of the owners and relatives living in the dwelling on such property for the preceding calendar year did not exceed ten thousand dollars, provided that the first four thousand dollars of income of each relative, other than spouse, of the owner, or owners, who is living in the dwelling shall not be included in such total, and that the total combined net worth of such owners and relatives as of the thirty-first day of December of the immediately preceding calendar year did not exceed thirty- five thousand dollars. Such affidavit shall be filed not later than the first day of February of each year. Any false statement made in connection with the filing of an application under this section shall constitute a misde- meanor, punishable by fine not exceeding one hundred dollars. The commissioner of revenue shall make further inquiry of persons seeking such exemption as may be reasonably necessary in determining the qualifications therefor. Such further inquiries shall be answered under oath. No person or persons receiving public assistance, other than medical assistance of any form, shall be eligible for the within provided exemption. All information received by the com- missioner of revenue in connection with any application for such exemption shall be deemed to be confidential and shall not be revealed other than in the official adminis- tration of this section. BE IT FINALLY ORDAINED that this ordinance shall be in force and effect on and after the first day of January, 1976. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1975. No. 22608. AN ORDINANCE to amend Sec. 27. City license - Required, of Chapter 1. Traffic Code, Title XVIII, Motor Vehicles and Traffic, of the Code of the City of Roanoke, 1956, as amended, making it unlawful to operate unlicensed motor vehicles upon the public streets, roads or alleys of the city, by providing exception as to certain such vehicles whose license tax situs is changed by reason of annexation of new territory or by change of residence of the owner. WHEREAS, by reason of annexation of new territory to the City, effective upon dates different than those fixed by Article IV, Chapter 1, Title XVIII of the Code of the City of Roanoke, 1956, as amended, for paying the annual license tax assessed by the City on motor vehicles, and by reason of the arrival of new residents of the City from other local taxing jurisdictions, provisions contained in Sec. 27, hereinafter amended, would require many such new citizens and residents to obtain double license for a single vehicle or to pay license tax to the City for less than full year's privilege of lawful operation of such vehicle on the public streets and ways of the City; which matters, being called to the attention of the Council by the City Manager, this Body desires to correct by amendment of Sec. 27. as hereinafter provided. 15 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 27. Chapter 1, Title XVIII, 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.27. City license - Required; Exceptions. It shall be unlawful for any person to run, drive or operate or cause or permit the running, driving or operation of any automobile, motorcycle, motor tricycle, motor bicycle or any vehicle of any kind the motive power of which shall be elec- tricity, steam, gasoline or any other motive power except animal power, on, along or across any public street, road or alley of the city or allow the same to be parked or stopped thereon, except and until, unless such vehicle be exempt therefrom by statute, on such vehicle there shall have been paid the proper license tax prescribed by the following section for such vehicle; provided, however, that any such vehicle of an owner resident of any area annexed to the city, and any vehicle of any owner which, by change of residence of such owner, becomes licenseable by the city on or after January 1 of any year, may be lawfully operated, parked or stopped upon said streets, roads and public ways during the period immediately follow- ing the effective date of such annexation and until expiration of the first fifteen days of the city's current motor vehicle license year next following the effective date of such annexation or, in case of change of residence of such owner, during the period from January 1 of such year until expiration of the first fifteen days of the City's next current motor vehicle license year, provided, in each instance, such vehicle has been duly licensed by the locality in which said vehicle was licenseable at the time its situs for license taxation became the city of Roanoke; and the commissioner of revenue shall cause to be prepared and issued without cost to the owner of every such vehicle whose situs for license taxation is so changed to the City, on application, an appropriate identification decal or other device to be affixed to the vehicle of any such owner who is temporarily relieved, as aforesaid, of payment of the annual license tax prescribed by the following section. APPROVED ATTE S T: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1975. No. 22610. 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 continuation of the administration of the H.I.T. Program, Phase II, in the City of Roanoke. 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-A3182 for the continuation of the administration of the H.I.T. Program, Phase II, 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-A3182 be accepted upon such special conditions aforesaid, in which recommendatio~ 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. 75-A3182 for Federal funds in the amount of $84,972.00, through said Division, to be used, along with certain other local funds, for the continuation of the administrat of the H.I.T. Program, Phase II, in the City of Roanoke, estimated to cost approximately $89,445.00; 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. ATTEST: City Clerk APPROVED Mayor ¸on IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1975. No. 22611. 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: GRANT NO. 75-A3170 Outreach Detention #926 (1) .............................. $94,134.00 (1) Net increase .... $94,134.00 Partially reimbursed from State and Federal grants BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST City Clerk APPROVED ~Mavor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1975. No. 22612. 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 continuation of juvenile outreach detention services in the Fifth Planning District. 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-A3170 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 t8 WHEREAS, the City Manager recommends to the Council that Grant No. 75-A3170 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. 75-A3170 for Federal funds in the amount of $26,987.00 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 22nd day of December, 1975. No. 22613. AN ORDINANCE to amend and reordain Section #269, "Refuse Collections," and Section #671, "Motorized Vehicle Maintenance," 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 #269, "Refuse Collections," and Section ~671, "Motorized Vehicle Maintenanc. of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: REFUSE COLLECTIONS #269 Vehicular Equipment (1) .................. $328,000.00 MOTORIZED VEHICLE MAINTENANCE 9671 Maintenance of Building, Property and Equipment (2) ....................... $293,000.00 Transfer (1) Net decrease $11,000.00 (2) Net increase 11,000.00 i¸9 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1975. No. 22614. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements 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 Section #889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriatioi~ Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Mill Mountain Garden Plans (1) .......... $ -0- Bobcat Pen (2) .......................... 3,085.12 Transfer (1) Net decrease $3,085.12 (2) Net increase 3,085.12 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 22nd day of December, 1975. No. 22615. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements 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 "Transfers to Capital Improvements Fund, of the 1975-76 Appropriatign Section #889, " Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Bobcat Pen (1) ........................... $4,959.75 Not previously appropriated (1) Net increase $1,874.63 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1975. No. 22616. 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) ................ $7,187,210.42 (1) Net increase .......... $69,409.53 Partially reimbursed from EPA grant funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1975. No. 22617. AN ORDINANCE approving the City Manager's issuance of Change Order No. 6, 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 December 22, 1975, 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 extra rock excavation; 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 considered change order No. 6; 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 :-,2.2 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 Final rock quantities 13,055 cubic yards of rock, in addition to the amount of rock included in the lump sum contract. This work is to be done at the unit price submitted with the bidder's proposal of SEVEN DOLLARS ($7.00) per cubic yard. TOTAL CUBIC YARDS ADDITIONAL LESS PAID OUT UNDER C.O. #1 13,055 c.y. - 9,000 c.y. 4,055 c.y. FOUR THOUSAND AND FIFTY-FIVE CUBIC YARDS (4,055 c.y.) at SEVEN DOLLARS ($7.00) TIME EXTENSION AS A RESULT OF THIS CHANGE ORDER- None. Reference: Field Book No. 1 Rock Removal Pages no. 1 to no. 58 and J. W. Bateson's Proposal #P-68 dated August 20, 1975. ADD DEDUCT $+ 28,385.00 Paymen~ p~ur~'~ant to '~his 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 $22,060,206.00 $ 28,385.00 $22,088,591.00 Approved - ALVORD, BURDICK & HOWSON Date By Accepted for the Contractor Date By Approved for Date 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 FINALLY 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 22nd day of December, 1975. No. 22618. AN ORDINANCE approving the City Manager's issuance of Change Order No. 7, 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 hoard 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 December 22, 1975, 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 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's Water Resources Committee has considered change order No. 7; 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 #50 Install safety disconnect switch breaker and conduit for power feed to the Service Building crane in accordance with Alvord, Burdick & Howson's letter of January 31, 1975 and J. W. Bateson's letter of October 20, 1975 (J.W.B. proposed #P-58) for the agreed upon lump sum including mark-up $+433.00 A, B & H #61 Furnish and install the second center work table in the Laboratory (shown on contract drawing number 104 as future) in accordance with Alvord, Burdick & Howson's letter of September 23, 1975, and J. W. Bateson's letter of October 17, 1975, (J.W.B. proposal #P-73) for the agreed upon lump sum including mark-up + 12,698.00 A, B & H ~62 Furnish and install a new autoclave in the Laboratory in accordance with Alvord, Burdick & Howson's letter of September 23, 1975 and J. W. Bateson's letter of October 21, 1975 (J.W.B. proposal #P-72) for the lump sum agreed upon per agreement including mark- up + 18,543.00 A, B & H #63 Raise road grades to west of exist- ing digesters to afford minimum cover over gas and sludge lines in accordance with Alvord, Burdick & Howson's letter of August 9, 1975 and J. W. Bateson's letter of October 15, 1975 (J.W.B. pro- posal #P-64) for the lump sum agreed upon including mark-up + 570.00 A, B & H #60-A Modify concrete pads for the 500 KVA and 1500 KVA transformers in accordance with Alvord, Burdick & Howson's letter of August 11, 1975 and J. W. Bateson's proposal #P-65 dated September 2, 1975 for NO CHANGE A, B & H #68 Add additional costs for the standby transformers to the contract in accor- dance with Appalachian Power Company's letters of November 5, 1973, August 8, 1975 and November 4, 1975 which establish both the pre-bid estimated cost and the actual installed cost, (J.W.B. proposal #P-79, dated November 10, 1975) for the agreed upon lump sum including mark-up + 3,938.00 TOTAL AMOUNT THIS CHANGE ORDER $+ 36,182.00 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 $22,088,591.00 Net amount of this change order (add) $ 36,182.00 Contract amount after this change order $22,124,773.00 Date Date Approved - ALVORD, BURDICK & HOWSON By Accepted for the Contractor By Accepted for Date 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 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 22nd day of December, 1975. No. 22619. AN ORDINANCE to amend and reordain Section #671, "Motorized Vehicle Maintenance," 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 #671, "Motorized Vehicle Maintenance," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MOTORIZED VEHICLE MAINTENANCE #671 Vehicular Equipment (1) ............. $297,858.94 Reappropriation of funds (1) Net increase ............. $4,858.94 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1975. No. 22620. , AN ORDINANCE to amend and reordain Section #340, "Municipal Airport Fund," of the 1975-76 Municipal Airport Fund Appropriation Ordinance, and providing! for an emergency. ~I-IEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. .Ii THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #340, "Municipal Airport Fund," of the 1975-76 Municipal Airport Fund !. Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL AIRPORT FUND #340 Contractual Services (1) ............ $50,020.00 Not previously appropriated (1) Net increase $20,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1975. No. 22621. AN ORDINANCE accepting a certain proposal and authorizing employment of engineering services to provide for an environmental impact assessment study for the proposed extension of runway 5-23 at Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions; authorizing the proper city officials to execute the requisite agreement therefor; rejecting certain other proposals; and providing for an emergency. WHEREAS, on September 15, 1975, and after due and proper advertisement had been made therefor, eleven (11) bids for providing an environmental impact assessment study for the proposed extension of runway 5-23 at Roanoke Municipal Airport, Woodrum Field, 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 its tabulation and recommendations on said bids, from which it aFFear~ to -ane codicil that the proposal hereinafter accepted represents the best bid meeting all of the necessary requirements and criteria for such study made to the City, and should be accepted; and that the other bids should be rejected; and WHEREAS, funds sufficient to pay for the cost of said work have been or are being appropriated by the Council for the purpose and, 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 the proposal made under date of September 10, 1975, with addendum 1, dated November 19, 1975, and addendum 2, dated December 10, 1975, to provide an environm~ impact assessment study for the proposed extension of runway 5-23 at Roanoke Municipal Airport, Woodrum Field, by Ralph H. Burke Associates, Engineers - Architects - Planners, of Chicago, Illinois, in full accordance with the City's terms, conditions and necessary requirements and criteria made therefor, and with said bidder's proposal and addendum 1 and addendum 2, for a sum not to exceed $32,000.00, be and said proposal is hereby ACCEPTED. BE IT FURTHER ORDAINED that the proper City officials be and are authorized to execute, on behalf of the City, the requisite agreements and documents, incorporating into said documents the City's aforesaid terms, condition: necessary requirements and criteria for such study, the terms of said bidder's proposal and addenda 1 and 2, and the terms and provisions of this ordinance, the same to be upon form approved by the City Attorney. ltal BE IT FURTHER ORDAINED that the City's Director of Finance be and is authorized to make payment for such study in an amount not to exceed $32,000.00 out of funds heretofore or herewith being appropriated for the purpose. BE IT FURTHER ORDAINED that the other bids made to the City for providin¢ said study be and 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 take effect immediately. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1975. No. 22622. AN ORDINANCE to amend and reordain Section ~101, "Council," of the 1975-76 General Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #101, "Council," of the 1975-76 General Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COUNCIL 9101 Contractual Services (1) ................ $33,430.00 (1) Net increase $1,321.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 29 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1975. No. 22623. AN ORDINANCE to amend and reordain Section #122, "Commonwealth's Attorney," of the 1975-76 General Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #122, "Commonwealth's Attorney," of the 1975-76 General Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY #122 Travel Expense and Education (1) ........... $3,317.41 (1) Net increase $1,176.94 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1975. No. 22624. A RESOLUTION relating to the enlargement of the Roanoke Juvenile Detention Home and the establishment of either a Runaway House or a less secure unit for juvenile detention. WHEREAS, the City Manager in a report to this Council on December 15, 1975, recommended that this Council adopt a resolution stating its intent to enlarge the Roanoke Juvenile Detention Home and to continue the endeavor to establish either a Runaway House or a less secure unit of detention as soon as financial arrangements could be completed. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth express its intent to enlarge the Roanoke Juvenile Detention Home and to continue the endeavor to establish either a Runaway House or a less secure unit for juvenile detention upon the completion of suitable financial arrangements for the enlargement and establishment of said institutions. BE IT FURTHER RESOLVED that a copy of this resolution and a copy of the City's status report on the Roanoke Juvenile Detention Home be transmitted by the City Clerk to the Division of Youth Services of the State Department of Corrections. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1975. No. 22625. AN ORDINANCE authorizing engagement of engineering services in connectionii with the widening of the north approach to the intersection of the Hunter Viaduct and 2nd Street (Williamson Road); authorizing the City Manager to enter into contract with certain engineers therefor; and providing for an emergency. WHEREAS, it has become necessary that the City engage the services of engineers in connection with design work, plans and surveys for the widening of the north approach to the intersection of the Hunter Viaduct and 2nd Street (Williamson Road), in order to increase the operational capacity and safety of the City's street network; and Dewberry, Nealon and Davis - Engineers, Architect~, Planners, Surveyors, of Fairfax, Virginia, has offered to perform such services for the compensation hereafter authorized and 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 empowered, for and on behalf of the City, to accept the proposal of Dewberry, Nealon and Davis - Engineers, Architects, Planners, Surveyors of Fairfax, Virginia, made to the City under date of May 7, 1975, relating to comprehensive engineering services in connection with the City's proposed widening of the north approach to the intersection of the Hunter Viaduct and 2nd Street (Williamson Road), and to enter into requisite written agreement with said engineers providing for such engineering services, design work, surveys, plans and specifications necessary and proper for such north approach widening project and for other required services in connection therewith, in consideration of the sum of $9,250.00, compensation, to be paid said engineers by the City for all such services; said contract to be, otherwise, upon such form as is approved by the City Attorney. BE IT FURTHER 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 22nd day of December, 1975. No. 22626. A RESOLUTION appointing two (2) directors of tke Industrial Development Authority of the City of Roanoke, Virginia, to fill four-year terms of office on its board of directors. WHEREAS, the Council is advised that the terms of office of two (2) of the directors of the Industrial Development Authority of the City of Roanoke, Virginia, expired on October 20, 1975; 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 John J. Butler and Jack C. Smith be, and are reappointed directors on the board of directors of the Industrial Development Authority of the City of Roanoke, Virginia, for terms of four (4) years, each, commencing on October 21, 1975, and expiring October 20, 1979, to fill vacancies created by the expiration of the term of office of said members on said board occurring on October 20, 1975. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of December, 1975. No. 22628. A RESOLUTION requesting the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. WHEREAS, at a regular meeting of the Council held on December 29, 1975, 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 SS15.1-835 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 said City Council, at which all citizens so desiring were afforded opportunity to be heard to determine if the citizens of the City desire that the City request the General Assembly to amend its existing Charter in the form and manner hereinafter referred to and as provided in the aforesaid notice; and WHEREAS, upon conclusion of said public hearing and upon consideration of each proposed amendment to said Ckarter, the Council is of opinion that the General Assembly should be requested to amend said City's Charter in the respects hereinafter provided. THEREFORE, BE IT RESOLVED by the Council of tke City of Roanoke that the General Assembly of Virginia be and is hereby requested at its 1976 Session to amend the Roanoke Charter of 1952, as presently amended, in the following respects, by deleting from the sections hereinafter set out the words herein shown stricken and by adding to said section the words shown underscored, viz: (a) Amend and reenact sections 1.1, 10, 14, 44, 57, 59, 60, 61, and 67 of said Charter to read and provide, respectively, as follows: Sec. 1.1 The cit~ and its boundaries. The inhabitants of the territory comprised within the present limits of the City of Roanoke, as hereinafter des- cribed, or as the same may be hereafter altered and as provided by law, shall continue to be a body politic and corporate, to be known and designated as the City of Roanoke, and as such shall have and may exercise all powers which are now, or here- after may be, conferred upon, or delegated to, cities under the Constitution and laws of the Commonwealth of Virginia, as fully and completely as though said powers were specifically enumerated herein, and no enumeration of particular powers by this Charter shall be held to be exclusive; and the said City of Roanoke as such shall have perpetual succession, may sue and be sued, contract and be contracted with, and may have a cor- porate seal which it may alter, renew, or amend at its pleasure. The present boundaries of the said city shall be as des- cribed in Chapter 216, Acts of Assembly, 1952, as enlarged by Orders of the Circuit Court of Roanoke County, Virginia, as follows: (a) Order of Annexation entered September 14, 1964, recorded in Deed Book 984, Page 539, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1166, Page 161, in the Clerk's Office of the Circuit court of the City of Roanoke, Virginia, (formerly Hustings Court); and (b) Order of Annexation entered September 30, 1966, recorded in Deed Book 984, Page 549, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1207, Page 618, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, (formerly Hustings Court); and (c) Order of Annexation entered May 16, 1967, recorded in Deed Book 827, Page 492, in the Clerk's Office of the Cir- cuit Court of Roanoke County, Virginia, and in Deed Book 1220, Page 291, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, (formerly Hustings Court)=; and (d) Order of Annexation entered May 10, 1975, recorded in Deed Book 1017, Page 516, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1361, Page 548, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. Sec. 10. Meetings of council. At three o'clock post meridian on the first day of Se~em~e~?-~e~ee~-h~ed-seve~y-~w~?-~-~he-~s~-~ay-~ ehe-{~se-~ay-~ July next following ehe each regular municipal election, or if such day be Sunday, then on the day following, the council shall meet at the usual place for holding meetings of the legislative body of the city, at which time the newly elected councilmen shall assume the duties of their offices. Thereafter the council shall meet at such times as may be pre- scribed by ordinance or resolution, provided, that it shall hold at least ~ne two regular meetings each week, calendar month, and it shall so order and schedule meetings as to promptly and orderly attend to the business and legislative affairs of the cit~. ew~-~e~u~a~-meee~n~s-ea=h-m~meh-may-Be-he~= The mayor, any member of the council, or the city manager, may call special meetings of the council at any time upon at least twelve hours written notice to the mayor and each member, served personally or left at his usual place of business or residence; or such meeting may be held at any time without notice?~ p~e~?-a~ mem~e~s-~-ehe-eo~me~-aeeen~= on call of the mayor or the cit~ manager provided at least five members of the council attend such meeting. All meetings of the council shall be public, except where the public interest may require executive sessions, and any citizen may have access to the minutes and records thereof at all reasonable times. Sec. 14. Record and ~ublication. Every ordinance or resolution upon its final passage shall be recorded in a book kept for the purpose, and shall be authenti- cated by the signature of the presiding officer and the city clerk. Lack of authentication of any such ordinance or resolution by signature of the presiding officer and the city clerk as ~ro- vided in the first paragraph of this section shall not, of itself, affect the validity of any such measure heretofore or hereafter duly adopted by the council. The city clerk shall assign every ordinance and resolution adopted by the council a permanent serial number. Every ordinance of a general or permanent nature shall be published once, by title, in a newspaper or newspapers of gen- eral circulation published in the municipality, within ten days after its final passage, except when other or additional publica- tion be required by general law or directed by the council; and where legally permissible, such publication shall be made but once; provided that where any such ordinance is amended, the council may direct that only the amendment or the substance of such amendment be published and such publication shall be a sufficient compliance with this section; and provided, further, that the foregoing requirements as to publication shall not apply to ordinances reordained in or by a general compilation, codifica- tion or recodification of ordinances printed by authority of the council, nor to any ordinance contained in, or reordained or amend- ed by, a general compilation, codification or recodification of ordinances printed as a code of ordinances, provided that such printed code of ordinances shall not take effect until thirty days after the same shall have been printed in quantity and delivered to and lodged in the office of the city clerk. A record of entry made by the city clerk or a copy of such record or entry duly certified by him shall be prima facie evidence of the terms of the ordinance or any amendment thereof and its due publication, or its receipt in quantity as a printed code of ordinances. Ail ordinances and resolutions of the council may be read in evidence in all courts and in all other proceedings in which it may be necessary to refer thereto, either from a copy thereof certified by the clerk or from the volume or code of ordinances printed by authority of the council. Sec. 44. Actions a~ainst the city for damages. No action shall be maintained against the city for injury to any person or property or for wrongful death alleged to have been sustained by reason of the negligence of the city or of any officer, agent of employee thereof, unless a written statement by the claimant, his agent, attor- ney or representative, of the nature of the claim and of the time and place at which the injury is alleged to have occurred or been received, shall have been filed with the city attorney or president of council, or with the mayor, or city manager, within s~-da~s six months after such cause of action shall have accrued, ex~ep~-~ha~-whe~-~he-e~ma~-~s-a~-~~-~ ~wen~M-~aMs~ except if the complainant durin~ such six-month period is able to establish b~ clear and convincin~ evidence that due to the in~ur~ sustained for which a claim is asserted that he was physicall~ or mentall~ unable to ~ive such notice within the six-month period, then the time for ~ivin9 notice shall be tolled until the claimant sufficientl~ recovers from said in~ur~ so as to be able to ~ive such notice. Sec. 57. Courts; certain police powers. Ail courts of record of said city as now constituted and established by law shall be continued with the same jurisdiction as heretofore. The city shall have and may exercise all police power granted by general law or this Charter with respect to city-owned land and property lying beyond the corporate limits of the city. The m~e~p~ ~eneral district court of the city shall have jurisdiction of all offenses committed within one mile from the corporate limits of the city against its ordinances prescribing rules and regulations, and penalties for violation of such rules and regulations, relating to city-owned land and property beyond its corporate limits. Beyond said one mile limit, the general district court having criminal jurisdiction in the municipal corporation wherein the offense was committed, or the ~~ ~eneral district court of the county wherein such offense was committed shall have jurisdiction of offenses against the aforesaid ordi- nances of the city committed more than one mile from its corporate limits; and appeals may be taken in such cases to the court of record having jurisdiction in said other municipality, or county. All fines and costs assessed upon conviction in said other juris- dictions shall be paid into the treasury of the county or munici- pality wherein the offense was committed and tried. 35 Sec. 59. Qualification of members of the council and other officials. The members of the council before entering upon the duties of their respective offices shall each take the oaths prescribed by the laws of this state for state officers. Such oaths may be administered by any judge of a court of record within said city, and the certificate thereof shall be filed with the city clerk and entered upon the journal of the council. Every other person elected or appointed to any office under this Charter or under any ordinance of the council, except clerks and laborers, shall before entering upon the duties of his office take and subscribe said oaths together with such other oaths as may be required by ordinance, before any person authorized to administer an oath, and the certificate of the same shall be filed in the office of said city clerk. The clerk of the H~se&ngs circuit court of said city shall notify all persons elected by the people under this Charter of their election, and the city clerk shall notify all persons elected by the council of their election. If any person elected to any office in the said city shall after receiving notice of election fail to take such oaths and give such bonds, with security, as may be required by law or ordinance, he shall be considered as having declined said office, and the same shall be deemed vacant, and such vacancy shall be filled according to the provisions of this Charter. Sec. 60. Bonds of officers. Except in the case of officers whose bonds are specially pro- vided for by this Charter, the council in fixing the salary of any officer, clerk or employee of the city, shall determine whether such officer, clerk or employee shall give bond and the amount or penalty thereof. All officers required by this Charter to give bond, and all officers, clerks and employees of whom bond is required by the council shall, before entering upon their respective duties, give bond with surety to be approved by the council, conditioned for the faithful performance of the duties of their respective offices, which bond, unless otherwise specially provid- ed by this Charter, shall be payable to the said city, and in such penalty as the council may by ordinance prescribe. Tke council shall accept as surety on any such official bond only a good solvent surety or fidelity company authorized to do business in this state. The council may provide that the premium on any such bond shall be paid by the city. The sureties on the bond of any such officer shall be equally liable for the acts of any deputy or deputies of such officer as for those of such officer himself. Unless otherwise specially provided in this Charter, all such bonds shall be filed with and preserved by the city clerk. The parties to bonds taken in pursuance of this section shall be subject to the same proceedings on said bonds for enforcing the conditions and terms thereof by motion or otherwise before the Huse~s ~e ~ circuit court of said city, as are now or may hereafter be provided by law in the case of collectors of the county levy and the sureties on their bonds for enforcing payment of the county levies. Sec. 61. General disqualifications of officers, etc. No member of the council, or any other officer, or agent, or any commissioher appointed for the opening of streets, or any member of a committee constituted or appointed for the management, regulation or control of corporate property of this city, shall be a contractor with the said city, or its agents, or with such committee, for any work or labor ordered to be done, or goods, wares and merchandise, or supplies of any kind, ordered by the said city, or by such committee, to be purchased, or in any manner, directly or indirectly, to be interested in the profits of any such contract. Every such contract shall be void, and the officer, agent, or member of such committee, making such contract shall forfeit to the Commonwealth the full amount stipulated for thereby. No officer of this city, who alone or with others is charged with the duty of auditing, settling or providing by levy or otherwise for the payment of claims against said city, shall, by contract, directly or indirectly, become the owner of, or interested in any claims against the city. Every such contract shall be void, and if any such claim be paid, the amount, paid with interest, may be recovered back by the city, within two years after payment, by action of motion in the H~s~s S~ circuit court of eh~s said city. Sec. 67. Attorney for Commonwealth to prosecute violations of ordinances. The said attorney for the Commonwealth shall prosecute the violations of all city ordinances, both in the m~p~ general district court and upon appeal, and shall notify the city attor- ney in all such prosecutions in which the validity of a city ordinance is attacked. (b) Repeal Sec. 30. Bail., containing provisions for appointment of one or more bail commissioners and provisions for admittance to bail of persons arrested on misdemeanor charges; and (c) Repeal Sec. 46. Sinking fund commission., providing for a sinking fund commission and the management for operation thereof; an informative summary of each of the aforesaid proposed 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 SS15.1-834 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 1976 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, to be enacted as an emergency measure. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of December, 1975. No. 22629. AN ORDINANCE to amend and reordain Section 9898, "Contingencies," and Section 9270, "Solid Waste Management Board," 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 9898, "Contingencies," and Section 9270, "Solid Waste Management Board," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTINGENCIES #898 Contingency Reserve (1) SOLID WASTE MANAGEMENT BOARD #270 Solid Waste Management Board (2) ... Transfer (1) 'Net decrease ...... $6,123.78 (2) Net increase ...... $6,123.78 ............ $315,212.88 6,123.78 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Mayor ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of December, 1975. No. 22630. AN ORDINANCE providing for the purchase of various v~hicular accessory 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 deliveri~ said vehicular accessory equipment, and rejecting all other such bids; providing for the issuance of requisite purchase orders for all such equipment; and providin¢ for an emergency. WHEREAS, on December 9, 1975, 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 Material Control and publicly opened in the Council's Executive 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 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 the Council, considering all of the same, has determined that the bids hereinafter accepted are the best bids meeting the City's specificat~ 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 ns 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 9, 1975, to furnish to the City the vehicular accessory equipment hereinafter set out and generally described but more particularly described in the City's specifications 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: 7 3 3 Quantity and Description New Snow Plows, trip blade, revers- ible type, with all necessary mounts, hydraulic, electrical and other con- trols or devices needed for mounting. Brand Name & Model - Valk RV10260 New Medium Size Salt Spreaders, self contained hopper type, not less than 1.5 cubic yards struck capacity. Brand Name & Model - Highway Model P New Large Size Salt Spreaders, self contained hopper type, not less than 5.6 cubic yards struck capacity. Brand Name & Model - Highway Model E Successful Bidder Total Purchase Price Highway Machinery & Supply $10,780.00 Capital Equip- ment Co. $ 4,609.02 Capital Equip- ment Co. $12,957.78 all of the aforesaid vehicles and items of equipment to be delivered to the City, f.o.b. Roanoke, in accordance with the City's general specifications and with the successful bidders' respective proposal and within the delivery times set out in said proposals; and 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 equipment, 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 equipment and upon the City's acceptance of the same as being in accordance with the bid accepted and purchase order awarded, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment of the aforesaid purchase prices to each said successful bidder, not to exceed the sums hereinabove set out. BE IT FURTHER ORDAINED that all other than the aforesaid bids made for supply of the within described items of equipment 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 FURTHER ORDAINED that all bids received for two (2) new maintenance distributor/tar kettles, (600 gallon capacity, trailer mounted), be and all said bids are hereby REJECTED, the City Clerk to so notify all said bidders on said item 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 29th day of December, 1975. No. 22631. AN ORDINANCE accepting a certain proposal for furnishing to the City three (3) 1250-gallon per minute pumper fire trucks, upon certain terms and conditions, and authorizing the issuance of a written purchase order therefor; and providing for an emergency. WHEREAS, on December 23, 1975, and after due and proper advertisement had been made therefor, a certain bid for the supply to the City of three (3) 1250-gallon per minute pumper fire trucks received in the office of the Manager of Purchasing and Materials Control, was opened in the 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, under date of December 29, 1975, recommending that the same be approved and acted upon by the City Council; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the only bid made to the City for the supply of three (3) 1250-gallon per minute pumper fire trucks and should be accepted, funds sufficient to pay for the purchase price of the same having been 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 bid of American LaFrance for the supply to the City, f.o.b., Roanoke, of three (3) 1250-gallon per minute pumper fire trucks, complete, in accordance with the City's specifications and said bidder's proposal at a unit price of $57,191.00, making an aggregate sum of $171,573.00, cash, to be paid by the City upon delivery of said equipment to and its acceptance by the City, 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 City's requisite purchase order to the aforesaid supplier in accordance with the aforesaid bidder's proposal, the City's specifications made for the supply of said pumper fire trucks, and the provisions of this ordinance. 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 29th day of December, 1975. No. 22633. AN ORDINANCE amending Rule 7, paragraph (b) of Rule 23 and subparagraphs 3 and 4 of paragraph (D) of Rule 38 of Sec. 5. Rules and Regulations, of Chapter 1. Wate.r Department, of Title XII. Water, of the Code of the City of Roanoke, 1956, as amended, relating to fee schedules for water service connections and meter charges, availability charges and refunds; providing for an emergency and the effective date of the amendments. WHEREAS, the Council's Water Resources Committee has recommended that certain Rules and Regulations for the operation of the City's water department be amended and reordained as hereinafter provided, 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 Rule 7, paragraph (b) of Rule 23 and subparagraphs 3 and 4 of paragraph (D) of Rule 38 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 rules are amended and reordained to read and provide as follows: (1) Rule 7. (a) The service connection and/or meter installation charge to be paid by each applicant prior to such installation shall be in accordance with the following schedule: Service Size Inches Service Connection Charge Meter Size Inches Meter Charge 3/4 $ 200.00 5/8 3/4 200.00 3/4 1 265.00 1 1 1/2 800.00 1 1/2 2 1,100.00 2 3 1,250.00 3 4 1,500.00 4 6 2,000.00 6 8 2,250.00 8 10 2,500.00 10 Fire Service Meter 6 8 10 $ 50.00 75.00 95.00 135.00 225.00 650.00 1,000.00 2,00.0.00 3,250.00 4,000.00 800.00 1,200.00 2,200.00 (b) The schedule of charges for water service connections and meter installations set out in paragraph (a) of this rule are intended to recover for the city the city's current average costs of labor, materials and overhead expenses incurred in making such connections and providing and installing water meters, which costs and expenses vary from time to time. In order that such recoveries at all times reflect durrent average costs to the city for providing such service connections and water meter installations, the city manager is hereby authorized and empowered, and shall from time to time adjust and revise the aforesaid schedule of charges, or any one or more of said charges so as to effect recovery to the city of then current average costs of all such water service connections and meter installations; provided, however, that all such adjustments or revisions be reported in writing to the city council not less than ten days prior to the date upon which the same are ordered to become effective, and said council not disapprove of the same by ordinance or resolution duly adopted. (2) Rule 23, paragraph (b): (b) The water depar'tment will refund to the applicant during the first five years after the water main is installed as follows: For each residential consumer taking service from said extension under established meter rates and regular yearly contract, the sum of two hundred dollars. For each nonresidential consumer taking service, a refund of five times the first year's revenue from the sale of water. During the period of time that refunds are made to the applicant, the water department will collect and retain an availability charge equal to one- half the refund for each size service used that directly connects to the water line(s) installed. Nonresidential consumers will pay an initial availability charge based on an estimate by the water collections office of finance with the final availability charge being computed upon determination of the first year's actual revenue from that water service, refunds being made or additional charges being billed as appropriate to the consumer. (3) Rule 38, subparagraph 3 of paragraph (D): 3. Should the developer or applicant wish to take advantage of any subsequent water connection in addi- tion to those he can guarantee within thirty calendar days or not wish to guarantee any connections, then the developer or applicant will construct the water facility at his expense and convey it to the city. The City will refund to the developer or applicant two hundred dollars per residential connection and/or two and one-half times the first year's revenue from the sale of water to nonresidential connections after each service, residential or nonresidential, has delivered water for a period of twelve consecutive months; how- ever, no such refunds will be made after a period of five years, nor will refunds be made in excess of the original construction cost. The City will charge and retain a nonrefundable availability charge equal to one-half the amount of the refund from each individual consumer desiring service during the period that refunds are being made to the developer or applicant who installs the water line. Nonresidential consumers will pay an initial availability charge based on an estimate by the water collections office of finance with the final availability charge being computed upon determination of the first year's actual revenue from that water service, refunds being made or addi- tional charges being billed as appropriate to the consumer. (4) Rule 38, subparagraph 4 of paragraph (D): 4. The city may consider the extension of facilities into areas either undeveloped or areas that are already developed but served by a failing or insufficient water system owned by someone or some agency other than the city; provided generally, that the city could reasonably expect to recover all expenses of the initial construc- tion and/or improvements to the existing system to meet city standards within a period of five years from the sale of water and/or collecting service availability charges. In such instance the city would charge a nonrefundable availability charge equal to one-half of the amount of the refund (as determined in paragraph 3 above even though refunds are not actually made) for each new service connection made directly to the new construction or the existing system being improved until the entire initial construction cost is recovered. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage and that these amendments will be in force and effect on January 1, 1976. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of December, 1975. No. 22634. AN ORDINANCE to amend and reordain Sec. 2. Qualification of members, of Chapter 1. Fire Department, of Title XIV. Fire Protection, of the Code of the City of Roanoke, 1956, as amended, to redefine requirements for appointment to and membership in the City's fire department; and providing for an emergency. WHEREAS, the City Manager by report made to the Council under date of December 15, 1975, has recommended the amendment of Sec. 2, of Chapter 1, Title XIV, of the Code of the City of Roanoke, 1956, as amended, for the reasons set forth in his report; 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. 2. Qualification of members., of Chapter 1. Fire Department, of Title XIV. Fire Protection, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained so as to read and provide as follows: Sec. 2. Qualification of members. No person shall be appointed to a position in the fire department, or continue to hold member- ship therein who is not a citizen of the city or who does not reside within a radius of fifteen miles from the municipal building in said city, or who is determined to be a person not of good character; nor shall any person be appointed to a position in said fire department who is not between the ages of twenty-one and thirty-five years. 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 29th day of December, 1975. No. 22635. AN ORDINANCE accepting the proposal of S. Lewis Lionberger Company for furnishing and delivering all necessary labor, materials and supplies for replacing the roof of the bobcat pen at the Mill Mountain Zoo; authorizing the proper City officials to enter into the requisite contract; rejecting a certain other bid made to the City; and providing for an emergency. WHEREAS, on October 8, 1975, and after due and proper advertisement had been made therefor, certain bids for supplying to the City the materials and labor hereinafter mentioned were opened in the office of the City's Manager of Purchasing and Materials Control by a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation thereon to the City Manager; and the City Manager, concurring in the committee's recommendation, has in report made under date of December 22, 1975, recommended award of the contract as hereinafter provided; and the Council, considering all of the same, has determined that the bid hereinaft accepted is the lowest and best bid made to the City for the supply of said materials and labor, and that funds sufficient to pay for the purchase price of the work and materials have been appropriated; and !r 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 proposal of S. Lewis Lionberger Company for furnishing all necessary labor, materials and supplies necessary to be used in replacing the roof of the bobcat pen at the Mill Mountain Zoo, as described in the City's plans and specifications and in said bidder's proposal, for a lump sum not to exceed $3,670.00, cash, upon satisfactory completion of such work, 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 enter into the requisite contract, approved as to form by the City Attorney, with S. Lewis Lionberger Company, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specification made for said work; and the cost of such work when completed to be paid for out of funds heretofore appropriated by the Council for the purpose; and (3) That the other bid made to the City for said work be 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 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 29th day of December, 1975. No. 22636. A RESOLUTION approving employment of one (1) additional deputy in the office of the Sheriff of the City of Roanoke, which deputy is needed because of the added workload due to annexation. WHEREAS, by communication of the Sheriff of the City of Roanoke dated December 16, 1975, to this Council, this Body was advised of the Sheriff's real need to hire an additional deputy because of the added workload due to annexation, in which proposal this Council concurs; and WHEREAS, current funds for payment of the compensation fixed for said position has heretofore been approved by the Compensation Board and by this Council for the current fiscal year. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body approves the employment and appointment by the Sheriff of the City of Roanoke of one (1) person as an additional deputy in the office of said Sheriff, which deputy is needed because of the added workload due to annexation; and that the Compensation Board of the Commonwealth of Virginia be advised of such approval by the City Clerk's transmittal of an attested copy of this resolution to said Compensation Board. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Tke 5tk day of January, 1976. No. 22627. AN ORDINANCE to a~end Title XV, Ckapter 4.1, Section 2 of The Code of the City of Roanoke, 1956, as amended, and Skeet No. 128, 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 3.8 acre, more or less, parcel of land owned by R. R. Quick et ux. situate to the west of Franklin Road and north of Carl and Roberts Roads (being a portion of two parcels identified as Official Tax Nos. 1280601 and 1280602) from C-1 (Office and Institutional District) to HM (Heavy Manufacturing District); and WHEREAS, Cycle Systems, Inc. has entered into a contract with R. R. Quick et ux. to purchase a 7.2 acre parcel of land which encompasses the aforesaid 3.8 acre tract, and Cycle Systems, Inc. has agreed to take the following actions in conjunction with its use of the property to be purchased upon the rezoning of the 3.8 acre tract as requested in the aforesaid application: (1) Plant trees around the portion of the property to be rezoned which shall form a visual screen to conceal operations upon the rezoned property from the residences in the area. The trees to be planted shall generally be at least ten feet in height within two years of planting. (2) Construct a fence 8 feet or more in height tying in with the existing fence encircling the present Cycle Systems, Inc. operations, which will be constructed of such materials as to visually conceal operations on the rezoned property. (3) Permit none other than permitted uses upon the property being acquired but not rezoned. (4) Maintain the portion of the property not being rezoned in a good and attractive manner. and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from C-1 (Office and Institutional District) to HM (Heavy Manufacturing District); and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 29th day of December, 1975, 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 pro- vided, 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. 128 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located to the west of Franklin Road and north of Carl and Roberts Roads, more particularly described as follows: BEGINNING at corner 14, an iron pin, and being a common corner with the most northwesterly corner of property of Valley Cadillac Oldsmobile, Inc., property, located along the south side of Ore Branch; thence with Valley Cadillac Oldsmobile, Inc., property, in a southeasterly direction S. 39 degs. 05' 38" E. 45.38 feet to corner 14A; thence leaving Valley Cadillac Oldsmobile, Inc., and with a new line the following four courses, S. 53 degs. 47' 44" W. 591.26 feet to corner 14B; thence S. 43 degs. 29' 00" W. 118.12 feet to corner 14C; thence N. 85 degs. 00' 00" W. 34.92 feet to corner 14D; thence N. 19 degs. 27' 40" W. 320.91 feet to corner 27A, a point on the southerly right-of-way line of the proposed U. S. 581 highway; thence with said highway in a northeasterly direction N. 54 degs. 12' 20" E. 134.45 feet to corner 28; thence N. 62 degs. 59' 42" E. 200.27 feet to corner 28A; thence leaving the highway right-of-way line and with the southerly line of Cycle Systems, Inc., property the following five courses; N. 88 degs. 11' 16" E. 41.53 feet to corner 28B; thence N. 82 degs. 51' 52" E. 128.00 feet to corner 28C; thence S. 71 degs. 09' 22" E. 102.94 feet to corner 28D; thence N. 86 degs. 22' 30" E. 77.89 feet to corner 28E; thence N. 81 degs. 26' 05" E. 40.78 feet to corner 14, the place of BEGINNING and containing 3.80 acres, more or less, as more particularly shown on map prepared by Buford T. Lumsden & Associates, P. C., Certified Land Surveyors, Roanoke, Virginia, dated July 11, 1975, with revised dates of 15 September, 1975, and 17 December, 1975. designated on Sheet 128 of the Sectional 1966 Zone Map, City of Roanoke, as being a portion of Official Tax Nos. 1280601 and 1280602, be, and is hereby, changed from C-1 (Office and Institutional District) to HM (Heavy Manufacturing District), and that Sheet No. 128 of the aforesaid map be changed in this respect. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1976. No. 22632. AN ORDINANCE repealing a purchase order contract awarded to Berglund Chevrolet, Inc., for the City's purchase of one 8-passenger Chevrolet window van in Ordinance No. 22204, adopted April 28, 1975. WHEREAS, upon report of certain bids made to the City for supply of certain needed vehicular equipment, the Council, by the ordinance hereinafter referred to, accepted a bid of Berglund Chevrolet, Inc., for supply of an 8- passenger air-conditioned window van at a purchase price of $4,858.94, payable upon delivery to and acceptance by the City; and WHEREAS, in report dated December 22, 1975, made to the Council by the City Manager the Council is advised that said supplier, not having delivered the equipment to the City, states that it failed to receive a notification mailed by the City Clerk on May 1, 1975, advising of the City's acceptance of such bid, and that it failed to receive the City's purchase order issued May 22, 1975, and mailed to said supplier; and that said supplier has asked to be relieved of obligation to sell and deliver to the City the aforesaid vehicle; and WHEREAS, the City Manager has recommended that the request of said bidder be granted by the Council. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the purchase order contract awarded by Ordinance No. 22204 to Berglund Chevrolet, Inc., for supply and delivery to the City of one 8-passenger air-conditioned Chevrolet window van at a delivered purchase price of $4,858.94, described as Item 1-Alternate in the aforesaid ordinance, be and the award of said purchase order contract is hereby REPEALED; and that the said supplier be relieved of obligation to sell and deliver said vehicle to the City. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of JanUary, 1976. No. 22637. A RESOLUTION endorsing the Offender Aid and Restoration (OAR) Program in the City of Roanoke, and requesting continuation of its funding by the Council on Criminal Justice. BE IT RESOLVED by the Council of the City of Roanoke that this Body endorses the Offender Aid and Restoration (OAR) Program in the City of Roanoke as it relates to servicing referrals made to it by the Juvenile and Domestic Relations Court of the City on a one-to-one basis and to providing after-care for released prisoners dwelling in the City of Roanoke, and urges the Council on Criminal Justice to continue funding of the aforesaid program until at least September 30, 1976. BE IT FURTHER RESOLVED that this Body authorizes any one or more of its members and such of the city's cognizant officers or employees as may be designated by the City Manager to appear at the meeting of the Council on Criminal Justice on January 8, 1976, in Richmond, in support of said program and to urge its continued funding by said Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1976. No. 22638. A RESOLUTION relating to the organization of the territory recently annexed to the City of Roanoke into voting precincts for the purpose of conducting elections; and providing for a public hearing prior to such organization. WHEREAS, approximately 15.8 square miles of territoy was annexed to the City of Roanoke effective at midnight December 31, 1975, and the Council is required by law to immediately organize the same for the purpose of conducting elections; and WHEREAS, the Electoral Board of the City of Roanoke has reported to the Council under date of January 2, 1976 that, anticipating the change of the corporate boundary of the City, said Board, with the help of the General Registrar, has given serious study to proposals for establishment of voting precincts and voting places and to precinct alignment and changes in voting places following the addition of said new territory to the City of Roanoke, and has toured and visited all of the annexed areas and conducted conferences with representatives of the puDlic school system; and WHEREAS, following all of the aforesaid, the Electoral Board has made recommendation to the Council proposing the establishment of certain new voting precincts and voting places therein and of combining other areas of said new territory with certain existing voting precincts and of changing the boundaries of certain of the same, trying, so far as possible, to retain old precinct names and to make use of better voting places where possible; and WHEREAS, the Electoral Board and the City Council desire that citizens of said new areas and in the City be afforded full opportunity to express opinions with respect to all of the aforesaid prior to the organization of the new territory for election purposes. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the report and recommendation of the Electoral Board of the City of Roanoke made to the City Council, dated January 2, 1976, respecting the organization of the new territory added to the boundaries of the City of Roanoke as of midnight December 31, 1975, be and is received and taken under consideration by the Council. BE IT FURTHER RESOLVED that a public hearing of citizens be held before the Council at its regular meeting on Monday, February 9 , 1976, at 2:00 o'clock p.m., in the Council Chambers in the Municipal Building, on the Electoral Board's proposal for the organization of the territory most recently annexed to the corporate limits of the City of Roanoke into voting precincts and the establishment of voting places therein and for the consolidation of certain portions of said new territory into existing voting precincts, and for certain changes in the boundaries of and voting places in certain existing ¸5O voting precincts; and the City Clerk is directed to provide for timely publication of notice of said public hearing as provided by SS24.1-36 of the 1950 Code of Virginia, as amended. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1976. No. 22639. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Huttig Sash & Door Company, David A. and Lois S. Dean, and Kennard-Pace Co., Inc., to permanently vacate, discontinue and close an unopened twelve-foot alley extending in a westerly direction from Eighteenth Street, S. W., between Chapman Avenue, S. W., and Campbell Avenue, S. W., and more particularly described below. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of Huttig Sash & Door Company, David A. and Lois S. Dean, and Kennard-Pace Co., Inc., that said petitioners did on December 18, 1975, duly and legally publish, as required by Section 15.1-364 of the Code of Virginia, as amended, a notice of their application to the Council of the City of Roanoke, Virginia, to close the hereinafter described alley, the publication of which was had by posting a copy of the notice on the front door of the Court- house of the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance), and at 311 Second Street, S. E., as provided by the aforesaid section of the Code of Virginia, all of which is verified by an affidavit of the Sheriff of the City of Roanoke appended to the application addressed to the Council requesting that the hereinafter described alley be permanently vacated, discontinued and closed; and WHEREAS, it appearing to the Council that more than ten days have elapsed since the publication of such proper legal notice, and the Council having considered said application to permanently vacate, discontinue and close the hereinafter described alley; and WHEREAS, the applicants kave requested that five viewers, any three of whom may act, be appointed to view the hereinafter described alley herein sought to be permanently vacated, discontinued and closed, and report in writing, as required by Section 15.1-364 of the Code of Virginia, as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. Dale Poe, R. R. Quick, C. F. Kefauver, R. Lee Mastin and Fred DeFelice, 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 Code of Virginia, as amended, whether in their opinion any and, if any, what inconvenience would result from permanently vacating, discontinuing and closing the same, namely: BEING all of that alley shown on City Appraisal Map #132 extending in a westerly direction through Block 26 of the West End and River View Land Company Map from Eighteenth Street, S. W., to the portion of Nineteenth Street, S. W., which was closed by Ordinance No. 21279, dated January 7, 1974, said alley being bounded on the north (400 feet, more or less) by Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 26, of the West End and River View Land Company Map and on the south (400 feet, more or less) by Lots 9, 10, 11, 12, 13, 14, 15 and 16, Block 26, of the West End and River View Land Company Map, and being twelve feet wide, more or less. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1976. No. 22640. AN ORDINANCE to amend and reordain Section #898, "Contingencies," of the 1975-76 General Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #898, "Contingencies," of the 1975-76 General Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CONTINGENCIES #898 Contingency Reserve (1) ................ $88,253.54 (1) Net decrease $220,384.34 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1976. No. 22641. AN ORDINANCE authorizing the execution of an amendment to the Agreement of Lease dated March 1, 1975, between the City of Roanoke and Piedmont Aviation, Inc., heretofore authorized by Ordinance No. 22056, dated February 3, 1975, upon certain terms and conditions; and providing for an emergency. WHEREAS, the Airport Advisory Commission, the City Manager and the City Attorney have, by report dated January 5, 1976, requested this Council to authorize~execution of an amendment to the City's Agreement, dated March 1, 1975, with Piedmont Aviation, Inc., for the construction and operation of a fixed base operation at Roanoke Municipal Airport, Woodrum Field, for the reasons set forth in said report. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect immediately 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 of Roanoke, to execute an Amendment to the Agreement of Lease dated March 1, 1975, between the City of Roanoke and Piedmont Aviation, Inc., for fixed base operations at Roanoke Municipal Airport, Woodrum Field, heretofore authorized by Ordinance No. 22056, dated February 3, 1975, which amendment will provide for an additional lease area and will delete from the Agreement of Lease the option areas and any reference to other base operators at the airport, said Amendment to be approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect immediately upon its passage. APPROVED ATTEST: City Clerk Mayor 53 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1976. No. 22642. AN ORDINANCE to amend and reenact Sec. 29. Same - Issuance of plate, tag or decal of Chapter 1. Traffic Code, Title XVIII. Motor Vehicles and Traffic, of the Code of the City of Roanoke, 1956, as amended, relating to the issuance of plates, tags or decals as motor vehicle licenses, and prescribing the design of said decals; and providing for an emergency. WHEREAS, it has been proposed that, in order to recognize the Bicentennial Year 1976 and the local efforts being made to commemorate the same and to gain some special recognition for the City of Roanoke, the Council authorize that a five-pointed star, colored similarly to that of the one erected on Mill Mountain, together with words indicating the designation of the City as a Bicentennial Community, be displayed upon decals to be issued as licenses for the year 1976, only, on passenger and certain other motor vehicles as pro- vided in Sec. 29. Chapter 1, of Title XVIII of the Code of the City of Roanoke, said star having, in the minds of many persons, become a symbol of tke City of Roanoke and of the Roanoke Valley; in which proposal the Council concurs; and WHEREAS, orders must be placed with manufacturers immediately for providing to the City the motor vehicle license plates, tags and decals required for issuance in the 1976 tax year and, 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. 29., Chapter 1, Title XVIII, of the Code of the City of Roanoke, 1956, be and said section is hereby amended and reordained to read and provide as follows: Sec. 29. Same--Issuance of plate, tag or decal. A license number plate, tag or decal for each motor vehicle, trailer or sidecar shall be fur- nished by the commissioner of revenue at the time the license tax as set out in the preceding sec- tions is paid and upon the presentation of evidence satisfactory to the commissioner showing that the tangible personal property tax on such vehicle for the current year has been paid. Licenses of the decal type shall be issued only for vehicles of the categories defined in subsection (3) of section 28 of this chapter and title, as trucks, tractor trucks and auto wagons, and those vehicles defined in subsection (4) of section 28 of this chapter and title, as private passenger motor vehicles, not motorcycles; shall have printed thereon, the seal of the city; and shall be colored gold upon a blue field, said colors to be alternated yearly; provided, however, that for the 1976 license tax year, only, .there be printed on licenses of the decal type, upon a light. . blue. background, a five-pointed star within which are inscribed two smaller stars, the three to be colored, from outside to center, red, white and blue, together with the words "A Bicentennial Community", otherwise, said decals to exhibit the name of the Cit~ of Roanoke, Virginia, 1976, the serial number of each afore- said license and its expiration date of June 15, 1977. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance be in force and effect upon its passage. ATTEST: ~0~ APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1976. No. 22643. A RESOLUTION accepting the possession and control of the Jamison Elementary School building and grounds from the School Board of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that this Council, having received notification by the School Board of the City of Roanoke that the Jamison Elementary School will no longer be utilized by said Board for public school purposes and having been requested by said Board to assume control over said school, doth hereby accept, from the School Board of the City of Roanoke, the possession and control of those certain premises known as the Jamison Elementary School, including the grounds and buildings appurtenant thereto, situate at 724 Dale Avenue, S. E., bearing Official No. 4220316. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1976. No. 22644. A RESOLUTION approving the City Manager's issuance of Change Order No. 2 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 an agreed extension of time within which the City's contractor should construct the additional concrete curbs, gutters and sidewalks to serve two public schools of the City, which additional work was authorized by Resolution No. 22153; and WHEREAS, no additional funds will be involved upon issuance of said change order, and the Council is of opinion that the extension of time should be authorized, as recommended by the City Manager. 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 Cason Enterprises made February 28, 1975, and authorized by Ordinance No. 22081 to be entered into, so as to provide for a 77-day extension of time for full construction of concrete curbs, gutters and sidewalks by said contractor under its aforesaid contract, and so as to provide that all work should have been completed on or before September 15, 1975. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANO¥~, VIRGINIA, The 5th day of January, 1976. No. 22645. A RESOLUTION stating the sense of the City Council with respect to the hiring of new, additional personnel in the City's administration and in its appointive and constitutional offices. WHEREAS, the City of Roanoke is increased in its population approximatel· 18% by annexation January 1, 1976, with an as yet uncertain expense factor resulting; and WHEREAS, the City of Roanoke must reimburse the County of Roanoke $1,912,751 annually for loss of tax revenue for five years following the effective date of annexation and must, within 30 months from January 1, 1976, make capital improvements to schools of approximately $10,125,000 and within five years of the effective date of annexation make further heavy capital expenditures for fire stations, sewers, storm drains and water systems; and WHEREAS, certain revenues flowing to the City of Roanoke have been abbreviated in the past eighteen to twenty-four months due to prevailing national and local economic circumstances; and 55 56 WHEREAS, there is a great degree of uncertainty with respect to the continuity of certain important Federal and Commonwealth of Virginia grants- in-aid for fiscal year 1976-77. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Body hereby instructs the City Manager, all constitutional officers and all Council appointive officers of the City that it is the sense of the Council that any new hiring of additional personnel be subject to severe scrutiny by the City administration, constitutional officers and Council appointive officers; that any vacancies which occur in the City of Roanoke table of organization due to attrition of all kinds be scrutinized carefully before they are refilled; that while every need with respect to newly annexed territories be met, especially with respect to fire personnel, police personnel and schools, the existence of funding for personnel to meet annexation positions in the 1975-76 fiscal year budget need not dictate that the position be filled, but that careful scrutiny be made of each position on a strict "need" basis; and, further, that the City Council be notified by means of a weekly list of hiring and existing vacancies in all administrative and appointive offices, such notification to consist of forwarding such lists through the City Clerk for inclusion in each week's papers for each Councilman. BE IT FURTHER RESOLVED that the City administration and constitutional officers are hereby instructed to follow the sense of the Council of the City of Roanoke in the foregoing and that they adhere closely to the guidelines outlined herein. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1976. No. 22646. AN ORDINANCE to amend and reordain Section #475, "Parks and Recreation," 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 #475, "Parks and Recreation," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PARKS AND RECREATION #475 Refunds (1) .......................... $2,440.00 Not previously appropriated (1) Net increase ....... $2,440.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1976. No. 22647. AN ORDINANCE to a~end and reordain Section #898,."Contingencies," and Section #664, "Buildings Maintenance," 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 #898, "Contingencies," and Section #664, "Buildings Maintenance," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTINGENCIES #898 Contingency Reserve (1) ................. $ 86,808.54 BUILDINGS MAINTENANCE #664 Maintenance of Building, Property & Equipment (2) ............................... 459,905.00 Transfer (1) Net decrease ............... $1,445.00 (2) Net increase 1,445.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 5'8' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1976. No. 22648. AN ORDINANCE to amend and reordain Section #725, "Management Information Services," 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 #725, "Management Information Services," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MANAGEMENT INFORMATION SERVICES #725 Salaries and Wages (1) .................. $174,558.00 Contractual Services (2) ................ 2,237.00 Office Furniture and Equipment (3) ...... 3,910.00 Transfer (1) Net decrease (2) Net increase (3) Net increase $4,410.00 1,950.00 2,460.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1976. No. 22649. AN ORDINANCE authorizing the City Manager to enter into a new agreement with Local No. 55, International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators, to be effective January 1, 1976, relative to services of such organization at the Roanoke Civic Center, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager has under date of January 12, 1976, recommende( the advisabilitY 9f~entering into a new agreement, on behalf of the City, with Local No. 55, of the International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators, for the purpose of setting forth the terms and conditions under which said union and its members would continue to provide the services of the trade made necessary from time to time for performances, 59' shows and exhibitions at the Roanoke Civic Center, and with said report has transmitted to the Council a schedule of the new terms and conditions to be incorporated into the agreement, in which recommendation Council concurs; 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 City Manager be and is hereby authorized to enter into agreement, to be substantially in form transmitted with report of September 26, 1973, to the Council, with Local No. 55, International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators, but with provision for general increase in the hourly rates and other minor changes noted in the City Manager's report of January 12, 1976, aforesaid, such agreement to be otherwise in form approved by the City Attorney. ~ 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 12th day of January, 1976. No. 22652. 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: REFUSE COLLECTION #269 Salaries and Wages (1) ................. $ 995,886.54 POLICE DEPARTMENT #345 Salaries and Wages (2) ................. 2,400,898.64 FIRE DEPARTMENT #347 Salaries and Wages (3) ................. 2,637,817.55 (1) Net decrease ............. $40,803.96 (2) Net decrease-- 92,690.36 (3) Net decrease ............. 98,202.95 BE IT FURTHER ORDAINED that, an e~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 12th day of January, 1976. No. 22653. 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 h~reby, amended and reordained to read as follows, in part: REFUSE COLLECTION #269 Salaries and Wages (1} ................. $1,036,690.50 POLICE DEPARTMENT #345 Salaries and Wages (2) ................. 2,493,589.00 FIRE DEPARTMENT #347 Salaries and Wages (3) ................. 2,736,020.50 REVENUE SHARING TRUST FUND (4) (1) Net increase (2) Net increase (3) Net increase (4) Net decrease $ 40,803.96 92,690.36 98,202.95 231,697.27 351,927.73 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 January, 1976. No. 22654. 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. 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; and WHEREAS, the City is willing to grant such easement upon certain terms and conditions hereinafter set forth upon receipt of a certain property description delineating the length, width and course of such easement to be provided by the church. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it is the intention of the Council to authorize the Mayor to execute a certain 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 and to reserve unto the City the right of free access to and the use of the easement and sanitary sewer line to be constructed in the easement for a future connection to discharge waste water from the City's Carvins Cove Filter Plant and, further reserving unto the City 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 that relocation 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 an attested copy of this resolution be forthwith forwarded to The Church of God in Virginia. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1976. No. 22655. A RESOLUTION requesting enactment of legislation enabling special assessment of certain real estate for taxation in certain cases as under Article 1.1, Chapter 15, Title 58 of the Code of Virginia, for the first tax year following annexation of such property into certain cities. WHEREAS, amongst numerous properties annexed to the City of Roanoke from the County of Roanoke as of midnight December 31, 1976, were certain relativel large tracts of land which, at the time of annexation and as of now are understood to be devoted to agricultural use such as, under provisions of Article 1.1, Chapter 15, Title 58 of the Code of Virginia, would have entitled them to be specially assessed for local taxation on the basis of their agricultural use under provisions of an ordinance of the County of Roanoke then in effect; and WHEREAS, this Body is advised that, although the owners of said properti~ had made due application for taxation of said properties by said County on the basis of their use for agricultural purposes although their application had not, at the time of annexation, been processed to the point of valuation of said properties for purposes of taxation in said County and, accordingly, their values have been reported to the City as based on fair market value, as are all taxable lands in the City assessed for purposes of taxation by the City; and WHEREAS, the City of Roanoke has not, as of January 1, 1976, adopted an ordinance under the provisions of SS58-769.6 of the Code of Virginia providing for the assessment and taxation of lands used for agricultural and similar purposes in accordance with the provisions of the aforesaid Article, although the Council of said City is considering the same and may, prior to June 30, 1976, adopt such ordinance so as to provide for the assessment and taxation of qualifying lands in accordance with the provisions of said Article; and the Council, being advised of its inability under the law and at this time to enact such ordinance so as to be applicable for the tax year 1976, considers it fair and reasonable that lands which would have qualified, under the terms and provisions of the County ordinance in effect on December 31, 1975, for assessment and taxation on the basis of their agricultural use and for which method of assessment and taxation applications had been timely made to proper authorities in said County should, for at least the 1976 tax year, be similarly assessed and taxed by the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the members of the City's delegation to the 1976 General Assembly of Virginia are hereby requested and authorized to introduce and support, at the 1976 Session of said General Assembly, legislation which would enable the City of Roanoke and other municipal corporations whose boundaries are extended by annexation and which may not have theretofore made provision for special assessment and taxation of property within such city under the provisions of Article 1.1, Chapter 15, Title 58 of the Code of Virginia, to assess such properties as may be annexed from counties within which the provisions of said Article were in effect and whose owners had made timely application for such special assessment and taxation, during the first tax year following the date of annexation of such properties on the basis of their assessment for such special use, had the annexing city had in effect an ordinance adopted under the provisions of SS58-769.6 of the Code of Virginia, aforesaid, applying to such special use assessment the tax rate then in effect upon all other taxable lands in such cities. BE IT FURTHER RESOLVED that the City Clerk transmit to Senator William B. Hopkins, to Delegate Ray L. Garland and to Delegate A. Victor Thomas attested copies of this resolution. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1976. No. 22650. AN ORDINANCE amending Sec. 2. Amendments, of Chapter 3.2. BOCA Basic Plumbing Code, Title XV, Construction, Alteration and Use of Land, Buildings and Other Structures, of the Code of the City of Roanoke, 1956, as amended, by the addition of two new sections to be numbered Sec. P-119.0. Board of Plumber Examiners , and Sec. P-120.0. Plumbing Contractors Bond, to Article 1. Administration and Enforcement, of the BOCA Basic Plumbing Code. WHEREAS, the City Manager in a report to this Council, dated January 12, 1976, has recommended amendment of the BOCA Basic Plumbing Code as adopted by the Council of the City of Roanoke to provide for a Board of Plumber Examiners and a Plumbing Contractors Bond. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 2. Amendments, of Chapter 3.2. BOCA Basic Plumbing Code, of Title XV. Construction, Alteration and Use of Land, Buildings, and Other Structures, of the Code of the City of Roanoke, 1956, as amended, be amended by the addition of two new sections to be numbered Sec. P-119.0. Board of Plumber Examiners, Enforcement of the BOCA Basic Plumbing Code, to read and provide as follows: Sec. P-119.0. Board of Plumber Examiners. (a) Board of Plumber Examiners - Appointment; composi- tion; term of members. A board of plumber examiners, to consist of six members, shall be appointed by the city manager, which appointments shall be reported to the council. Such board shall be com- posed of one plumbing inspector, two master plumbers, one engineer practicing plumbing design, and one journeyman plumber. Each member of the board shall be appointed for a term of five years, unless sooner removed for good cause, and the members of the board upon the effective date of this ordinance shall hold office for the remainder of the terms for'which they were appointed, and may be eligible for reappointment. (b) Same - Powers and Duties. The board of plumber examiners shall issue plumbers' certificates of qualification to such persons as may be entitled thereto, and conduct examinations for the pur- pose of determining the competency and knowledge of plumbing and drainage work of persons who are required by this code to possess such certificates. The board shall file with the department of buildings an accurate record of all examinations given and certifi- cates issued. The board shall adopt such rules and regulations as it sees fit for the proper and efficient discharge of its official duties. It shall determine the character of the examination to be given any applicant. Each board member shall individual- ly review the examination results of the applicant and apply his separate score thereto, based on 100. The average of the scores of each board member shall be determined by the chairman, and if an applicant's average score on any such examination be 75 or more, he shall be declared to have passed the examination; otherwise, to have failed the same. Wherein this chapter provides that an alternate or equal material, process or method may be used in lieu of a pre- scribed material, process or method, the board shall have the authority to determine the quality and sufficiency of any material, process or method proposed as an alternate or equal to such prescribed material, process or method. Any approval given hereunder of a material, process or method allowed by the board as an alternate or equal to a material, process or method prescribed in this code shall be given by the board in a duly called meeting with a majority of board members pre- sent, shall be recorded in the minutes of such meeting and the decision and description of the alternate or equal shall be made a matter of permanent record in the office of the building commissioner; and shall be filed with the city clerk. Sec. P-120.0. Plumbing Contractors Bond. Before any person, firm or corporation shall engage in the business of plumbing he, it or they shall first obtain the proper license and deposit with the City of Roanoke a good and sufficient bond in the sum of Five Thousand ($5,000.00) Dollars, on form to be approved by the city attorney, conditioned that the person, firm or corporation engaged in the plumbing business will faithfully observe all the laws pertaining to plumbing, drain laying, blasting and excavating; further, that the local governing body shall be indemnified and saved harmless from all claims arising from accidents and damage of any character whatsoever caused by the negligence of such person, firm or corporation engaged in the plumbing business, or by any other unfaithful, inadequate work done either by themselves or their agents or employees and that such person, firm or corporation will maintain in a safe condition for a period of one (1) year, all ditches and excavations which may be opened in the performance of any plumbing work, and further that all dirt and other material exca- vated will be replaced in a good condition with similar materials. Where such excavation is made in an unpaved street, or any street paved with chert or macadam, the word "street" as herein used, shall apply to sidewalks, curbs, gutters and street paving. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1976. No. 22651. AN ORDINANCE amending Sec. 16. Liability insurance on private automobiles of Chapter 13. Personnel, of Title II. Administration, of the Code of the City of Roanoke, 1956, as amended, by making provision for exempting elected officials and certain members of boards and commissions of the City from the provisions of said section. BE IT ORDAINED by the Council of the City of Roanoke that Sec. 16, Ckapter 13, Title II, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended to read and provide as follows: Sec. 16. 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 set out in section 15 of this chapter shall be required by the Director of Finance to maintain on file in the office of said Director of Finance a current certificate of insurance made by an insurance company licensed in the State of Virginia and authorized to issue policies of automobile liability insurance, certifying the issuance of such aforesaid contract of insUrance, the limits of liability so insured, the expiration date thereof and that such contract will not be cancelled prior to expiration of the term for which it was issued without not less than ten days written notice to the City's Director of Finance. This section shall not apply to elected officials of the City, nor to members of boards or commissions of the city who receive no compensation for their service as such members and who are merely reimbursed for expense of use of privately-owned vehicles, in the performance of official duties. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1976. No. 22656. AN ORDINANCE to amend and reordain Section #898, "Contingencies," and Section #108, "City Treasurer," 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 #898, "Contingencies," and Section #108, "City Treasurer," of the 1975- 76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTINGENCIES #898 Contingency Reserve (1) .............. $ 83,706.54 CITY TREASURER #108 Salaries and Wages (2) ............... 150,502.22 Transfer (1) Net decrease $3,102.00 (2) Net increase 3,102.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1976. No. 22657. AN ORDINANCE reestablishing a central absentee voter election district in the Courthouse Building in the City of Roanoke, as provided in Sec. 64., Chapter 2.1. 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 SS24.1-233.1 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 Courthou~ e 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 SS24.1-233.1 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. 64. Central Absentee Voter Election Di~- trict, Chapter 2.1. Precincts and votin~ places, of Title IV. Elections 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. 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 19th day of January, 1976. No. 22658. A RESOLUTION approving the Redevelopment Plan as amended by Amendment No. 1 and the Feasibility of Relocation for the Gainsboro Neighborhood Develop- ment Program (N.D.P.) A-6. 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 September 5, 1975, 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 1, 1975, included in which activities and set out in Sec. 1 of said contract are those activities implemented by the Redevelopment Plan and Relocation Plan as amended by Amendment No. 1 herein referred to and hereinafter approved; and ~EREAS, there has been prepared and referred to the Council of the City of Roanoke for review and approval a Redevelopment Plan as amended for the urban renewal area dated June, 1975, consisting of twenty (20) pages, two (2) maps and a set of conditions under which the Authority will make relocation payments; and WHEREAS, the Redevelopment Plan as amended 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 January 12, 1976, approving the Redevelopment Plan as amended which is 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 Redevelopment Plan as amended for the urban renewal 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 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 as amended; and WHEREAS, the Council is cognizant of the conditions that are imposed in the undertaking and carrying out of Community Development Projects under the Housing and Community Development Act of 1974, including those prohibiting dis- crimination because of race, color, religion, sex or national origin: Roanoke: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of 1. That the Redevelopment Plan as amended by Amendment No. 1 and Feasibility of Relocation for the Gainsboro Neighborhood Development Program (N.D.P.) A-6 dated June, 1975, having been duly reviewed and considered, is hereby approved and the City Clerk be and hereby is directed to file a copy of the Redevelopment Plan as amended 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 Redevelopment Plan for the proper relocation of individuals and families displaced in carrying out the Redevelopment Plan as amended 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 the Plan. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1976. No. 22659. A RESOLUTION approving the Redevelopment Plan and the feasibility of Relocation for the Deanwood Community Development 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 September 5, 1975, 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 1, 1975, included in which activities and set out in Sec. 2 of said contract are those activities implemented by the Redevelopment Plan 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 Redevelopment Plan for the aforesaid urban renewal area dated January, 1975, consisting of thirteen (13) pages, one (1) exhibit, two (2) maps and a set of conditions under which the Authority will make relocation payments; and 7O WHEREAS, the Redevelopment 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 January 12, 1976, approving the Redevelopment 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 Redevelopment Plan for the urban renewal 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 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 Community Development 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 Redevelopment Plan and Feasibility of Relocation for the Deanwood Community Development Project dated January, 1975, having been duly reviewed and considered, is hereby approved and the City Clerk be and hereby is directed to file a copy of the Redevelopment 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 Redevelopment Plan for the proper relocation of individuals and families displaced in carrying out the Redevelopment 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 the Plan. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1976. No. 22660. AN ORDINANCE to amend and reordain Section 9269, "Refuse Collection," 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 9269, "Refuse Collection," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION 9269 Vehicular Equipment (1) .............. $293,000.00 Contractual Services (2) ............. 72,000.00 Transfer (1) Net decrease $35,000.00 (2) Net increase 35,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1976. No. 22661. A RESOLUTION authorizing the City Manager to notify the Virginia Department of Highways and Transportation of the City's desire, in connection with the construction of Highway Project U000-128-106, B-607, to have a certain 20-inch water line installed by the Department's contractor for said project, and signifying the City's intent to provide the necessary pipe and to pay the said contractor's bid price for labor and material costs of such installation, plus 10%, upon certain terms and conditions. WHEREAS, as a result of the construction of certain new bridges to replace the old Jefferson Street Bridge over the Roanoke River in the City, it is necessary to replace certain city water lines now connected to the old bridge to be removed and replaced, and the City Manager has reported to Council that the Virginia Department of Highways and Transportation is willing to have its contractor for construction of the new pedestrian and light vehicular bridge install the necessary replacement water line upon notification from the City of its intent to provide the necessary replacement pipe and to pay the said contractor's bid price for labor and material costs of such installation, plus 10%, estimated to cost approximately $5,390.00; and WHEREAS, the City Manager has recommended to the Council, that it is in the best interest of the City to have its new replacement 20-inch water line installed in the manner above set out, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth authorize the City Manager, by delivery of an attested copy of this resolution, to notify the Commonwealth of Virginia, Department of Highways and Transportation, of the City's desire, in connection with construction of Highway Project U000-128-106, B-607, to have a certain 20-inch water line installed by the Department contractor for said project and signifying the City's intent to provide the necessary pipe and to pay said contractor's bid price for labor and material costs of such installation, plus 10%, upon condition that the design for such work and installation be approved by the City Manager. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1976. No. 22662. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements 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 Section ~889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriatiol Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 73 TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Route 460, 581 to 12th Street (1) ......... $ -0- Tenth Street Improvements (2) ............. 530,888.09 Route 118 (3) ............................. 118,317.30 Transfer (1) Net decrease $19,780.55 (2) Net decrease .............. 8,537.08 (3) Net increase 28,317.63 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1976. No. 22663. AN ORDINANCE relating to the improvement of a section of Airport Road, State Route 118, as Highway Project No. 0118-128-101, PE-101, RW-201, C-501, and approving a contract to be entered into between the City and the Virginia Department of Highways and Transportation relating thereto; and providing for an emergency. WHEREAS, the lowest bid received by the Department of Highways and Transportation for improvement of a 0.106 mile section of the highway hereinafter mentioned has been reported by said Department to the City and there has been prepared and tendered to the City by the Department a written agreement to be entered into between the City and the Department providing for the financing of the project and for the operation of the new street upon its completion, which agreement is on file in the Office of the City Clerk and a copy of which has been tendered to the Council for consideration; and WHEREAS, funds sufficient to pay the City's estimated share of the total cost of the project, namely $188,317.30, have been appropriated by the Council for the purpose and, 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 the City Manager and the City Clerk be and are hereby authorized and directed, for and on behalf of the City to execute and to seal and attest, respectively, that certain written agreement prepared to be entered into between the City of Roanoke and the Commonwealth of Virginia, Department of Highways and Transpor- tation for the implementation of a project for the improvement of a 0.106 mile section of Airport Road, State Route 118, within the City, designated Highway Project No. 0118-128-101, PE-101, RW-201, C-501, and as Federal Project M- 5128 (4) and M-5128- (10), pursuant to which agreement the City shall agree to participate in the payment of the actual cost of said project in accordance with the tabulation set out on page two (2) of said agreement, the City's total estimated share of such costs being the sum of $118,317.30, and shall further agree that said City, thereafter will adequately maintain said new street, that regulatory signs and traffic signals and devices as well as utility poles and facilities thereon shall be subject to approval by said Department, that parking on both sides of said street will be prohibited and that crossovers, traffic lanes, median crossovers and channelization islands in said street will be maintained as provided in said written agreement, the said agreement to be first approved as to form by the City Attorney. BE IT FURTHER 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 19th day of January, 1976. No. 22664. A RESOLUTION expressing the Council's support for the Roanoke Valley Rebels Hockey Team. WHEREAS, this Council recognizes the many contributions that the Roanoke Valley Rebels Hockey Team has made to the sports life of the Roanoke Valley; and WHEREAS, this Council desires that the Roanoke Valley Rebels Hockey Team will continue to provide the Roanoke Valley with first-rate professional hockey. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council expresses its support for the Roanoke Valley Rebels Hockey Team and its desire that the Roanoke Valley Rebels Team will continue to provide the Roanoke Valley with first-rate professional hockey. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit attested copies of this resolution to Mr. Jack Smith, Executive Vice- President of the Roanoke Valley Chamber of Commerce and to Mr. William P. Vinyard, Jr., President of the Roanoke Valley Rebels Hockey Team. APPROVED ATTEST: 75 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1976. No. 22665. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements 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 Section #889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriatio~ Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Court House (1) ..................... $1,518,833.47 Jail (2) ............................ 1,218,813.71 Transfer (1) Net decrease. $1,000,000.00 (2) Net increase 1,000,000.00 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 19th day of January, 1976. No. 22666. A RESOLUTION approving in general the size of certain new jail facilities to be provided the City of Roanoke, and the cost thereof; and prescribing the means to be employed to provide funds to pay the cost of said public improvements. WHEREAS, upon due consideration of report of studies made by the City's consulting architects and engineers, of proposals and suggestions made by officials and committees of the City and its Council, upon consideration of various reports and recommendations made by the City Manager, and having been thwarted in its attempts to bring about construction of a regional jail to serve the needs of all of the governmental subdivisions in the Roanoke Valley and elsewhere, the Council is of opinion that the City must immediately proceed upon the construction of new jail facilities to provide, at least, for the requirements of the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body considers that, in order to best reasonably meet the needs of the City, a jail facility providing 225 cells should be forthwith constructed on the site heretofore acquired by the City for such purpose, which jail, with related facilities, will result in a cost to the City of approximately $6,000,000; and the City Manager is authorized and directed to direct the City's architects and engineers to proceed with detailed plans, drawings and specifications for said facility, together with proposals of contract documents relating to constructi~ of the same. BE IT FURTHER RESOLVED that the Council proposes that the City pay for the cost of providing the aforesaid new jail facility out of the proceeds of the City's sale and issuance of $6,000,000 of general obligation bonds of the City, to be authorized, sold and issued under provisions of the Virginia Public Finance Act, which said bonds may be offered for sale at such time as are offered for sale the general obligation parking facility bonds of the City heretofore authorized by Ordinance No. 21044; and the City Attorney is instructed to prepare and present to the Council for consideration and adoption proper measures by which the Council may authorize as a project of the City the aforesaid new jail facility, and may authorize the issuance and sale of $6,000,000 of bonds of the City, as aforesaid, to provide funds to pay the costs of said project. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1976. No. 22667. A RESOLUTION concurring in and approving filing by Greater Roanoke Transit Company of an application with the Department of Transportation, Urban Mass Transportation Administration, seeking operating funds for Fiscal 1976, pursuant to Section 5. Operating 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 Section 5. Operating Grant Assistance for Fiscal 1976, which said applicati has been approved by the Fifth Planning District Commission and has been filed with the Commonwealth of Virginia, Department of Highways and Transportation; and ~n 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 1976 under the Urban Mass Transportation Act, Section 5. Operating Grant Assistance. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1976. No. 22668. AN ORDINANCE to amend and reordain Section #898, "Contingencies," and Section #115, "Juvenile Probation House," 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 #898, "Contingencies," and Section #115, "Juvenile Probation House," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTINGENCIES #898 Contingency Reserve (1) .............. $83,006.55 JUVENILE PROBATION HOUSE #115 Vehicular Equipment (2) .............. 5,899.99 Transfer (1) Net decrease ........... $699.99 (2) Net increase 699.99 *100% reimbursed by State funds 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 January, 1976. No. 22669. AN ORDINANCE providing for the purchase of various automobiles and vans 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, and rejecting all other such bids; providing for the issuance of requisite purchase orders for all such equipment; and providing for an emergenc~ WHEREAS, on January 13, 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 Material Control and publicly opened in the City Manager's Conferen¢ 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 through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report has transmitted the sa_me to the Council, recommending award of the contracts as hereinafter provided; and the Council, considering all of the same, has determined that the bids hereinafter accepted are the best bids meeting the City's specificati 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 January 13, 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: 1 Item Quantity and Successful Total Number Description Bidder Purchase Price Police Automobiles 11 - marked police vehicles 4 - unmarked police vehicles Antrim Motors, Inc. Fulton Motors, Inc. $53,084.24 $16,641.76 Compact Automobiles 2 - Sub-compact automobiles Alternate F (painted Dupont "Centari" white #817-A, or "Dulux" white #93-21667) Berglund Chevrolet, Inc. $ 6,757.70 Item Number 3 4 Quantity and Description Successful bidder 1 - Twelve passenger window van Alternate B (with Dupont "Centari" or "Dulux" paint, Vice "Imron") Antrim Motors, Inc. 1 - Eight passenger window van Alternate E (with air condi- tioning and tinted glass, standard factory installed tires, and "Centari" or "Dulux" paint) Fulton Motor Co., Inc. Total Purchase Price $ 5,899.99 $ 5,375.24 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 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 accordanc 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 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. ATTEST City Clerk APPROVED Mayor 80 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1976. No. 22670. AN ORDINANCE authorizing and providing for the City's lease of approxi- mately 3294 square feet of ground floor space in the Municipal Parking Garage building to The First National Exchange Bank of Virginia, upon certain terms, conditions and provisions. WHEREAS, the City Manager, by report dated January 12, 1976, has advised the Council that, acting upon the Council's earlier directive to advertise and negotiate for lease of portions of the ground floor space in the City's new public parking garage building, now under construction, has received from The First National Exchange Bank of Virginia proposal that it lease 3294 square feet of the space as hereinafter described at an annual rental and with provisions for such options and for such changes in rental as are hereafter set out in this ordinance, and has advised the Council that the City's lease of such space, and other space, for private commercial purposes is necessary for sound fiscal management of the parking facility; and WHE~AS, the Council, considering all of the aforesaid and deeming the terms and provisions recommended by the City Manager and offered by said Bank are fair and reasonable and that the lease of such space for private cormmercia purposes is necessary for sound fiscal management of tke City's new off-street parking facility, concurs in the aforesaid proposal. 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 to execute and seal and attest, respectively, for and on behalf of the City, a lease between the City and The First National Exchange Bank of Virginia, drawn on form prepared and approved by the City Attorney, pursuant to which the City will lease to said bank approximately 3294 square feet of space in and at the corner entrance to the ground floor of the City's new public parking garage building, on the northeast corner of Church Avenue and 1st Street, S. W., for use as a branch bank and related banking activities, for an initial term of ten (10) years, commencing on the first day that the lessee commences its banking operations in the leased premises or thirty (30) days after receipt of written notification that the premises are ready for occupancy, at a minimum annual rental of $19,764.00 payable in equal monthly installments, with the right, at the option of the lessee, to renew said lease for two successive terms of ten (10) years each, said lease to be considered so renewed unless upon ninety (90) days' notice from the lessee that it will not be so renewed; and if so renewed, the rental to be adjusted on the first day of each such extended term and, again, at the commencement of the sixth year of each such extended term on the basis of fifty percent (50%) of any percentage change in the Consumer Price Index, using December 1976 as a base index for any such change, and upon such other terms and provisions as are referred to in the aforesaid report of the City Manager or are negotiated by him respecting structural and other changes necessary to be made to the leased premises and as may, with approval of the City Attorney, be incorporated into said written lease; it to be provided, kowever, that such lease be conditioned upon said Bank's obtaining of approval from the Comptroller of the Currency of said Bank's use of said premises as a branch office of its main bank. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1976. No. 22677. AN ORDINANCE to amend and reordain Section ~98, "Contingencies," and Section #537, "Social Services," 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 #898, "Contingencies," and Section #537, "Social Services," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTINGENCIES #898 Contingency Reserve (1) ................. $87,439.02 SOCIAL SERVICES #537 Data Processing (2) ..................... $15,000.00 Contractual Services (3) ................ 22,000.00 Utilities and Communications (4) Transfer (1) Net decrease (2) Net increase (3) Net decrease (4) Net increase *80% reimbursed by State funds ........ 23,650.00 $8,000.00 8,000.00 7,000.00 - 7,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 82 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1976. No. 22678. AN ORDINANCE to amend and reorda±n Section #345, "Police Department," 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 #345, "Police Department," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT 9345 Salaries and Wages (1) .............. $2,480,977.19 High Incidence Target (2) ........... 14,960.35 Transfer (1) Net decrease $12,611.81 (2) Net decrease 17,064.22 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1976. No. 22679. 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: HIGH INCIDENCE TARGET #932 Salaries and Wages (1) ................ $12,611.81 Other Equipment (2) Transfer (1) Net increase (2) Net increase ................... 17,064.22 $12,611.81 17,064.22 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 83 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1976. No. 22680. 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: HIGH INCIDENCE TARGET ~932 Salaries and Wages (1) .................... $88,937.81 · Other Equipment (2) ...... Supplies and Materials ~i ~ ~ ~~ 22,636.22 · . 7,547.00 Not previously appropriated (1) Net increase ................ $76,326.00 (2) Net increase ................ 5,572.00 (3) Net increase 7,547.00 95% reimbursed by Division of Justice and Crime Prevention BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1976. No. 22681. 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: REFUSE COLLECTION #269 Salaries and Wages POLICE DEPARTMENT #345 Salaries and Wages (2) FIRE DEPARTMENT 9347 Salaries and Wages (3) (1) Net decrease (2) Net decrease (3) Net decrease ................ $ 994,334.13 ................ 2,399,700.54 ................ 2,633,850.50 $ 42,356.37 93,888.46 102,170.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, T~e 26tk day of January, 1976. No. 22682. AN ORDINANCE to amend and reordain certain sections of tke 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: REFUSE COLLECTION 9269 Salaries and Wages POLICE DEPARTMENT 9345 Salaries and Wages (2) FIRE DEPARTMENT 9347 Salaries and Wages (3) ................ $1,036,690.50 ................ 2,493,589.00 ................ 2,736,020.50 REVENUE SHARING TRUST FUND (4) ............. (1) Net increase $ 42,356.37 (2) Net increase 93,888.46 (3) Net increase--m 102,170.00 (4) Net decrease 238,414.83 113,512.90 8¸5 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1976. No. 22683. AN ORDINANCE accepting the proposal of Aaron J. Conner, General Contractor, Inc., for construction of the Murray Run Interceptor Sewer Line - Project No. C-510473-01, in accordance with the City's plans and specifica- tions therefor, upon certain terms and conditions, and conditionally awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such construction upon receipt of approval thereof by Roanoke County, Roanoke County Public Service Authority and State and Federal agencies; authorizing the City Manager to issue Change Order No. 1, to said contract upon the execution thereof; and providing for an emergency. WHEREAS, upon due and proper advertisement therefor, certain bids were received by the City for the construction hereinafter a~thorized and, upon opening before the Council at the regular meeting thereof on January 19, 1976, said bids were read and referred to a committee for tabulation and study, as a result of which the proposal of Aaron J. Conner, General Contractor, Inc., to perform all of the work provided for in Project No. C-510473-01 as offered to all bidders was determined to represent the lowest and best bid made to the City for all such work, said proposal being for the lump sum of $416,736.31; and WHEREAS, the committee appointed for the purpose, by report dated January 26, 1976, has recommended that the proposal of Aaron J. Conner, General Contractor, Inc., for said work be accepted in the corrected amount of $416,736.31 for the work and a contract therefor be conditionally awarded subject to the requisite approvals and that the City Manager be authorized upon final award and execution of such contract to issue Change Order No. 1 in the amount of $11,765.00, in order to provide for the installation of asbes- tos cement pipe in lieu of concrete pipe offered to be provided in the proposal recommended to be accepted, in which recommendation the City Manager concurs; and WHEREAS, there has heretofore been or is being herewith appropriated for the purpose a sum sufficient for the payment of the contract price herein- after provided; 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. That the proposal of Aaron J. Conner, General Contractor, Inc., dated January 19, 1976, made to the City for the construction of the Murray Run Interceptor Sewer Line - Project No. C-510473-01, in accordance with the City's plans and specifications therefor, pursuant to invitation to bid offered to bidders for said work, for a lump sum of $416,736.31, which proposal is on file in the office of the City Clerk, be, upon the City's receipt of the formal approvals set out in paragraph 2., infra, ACCEPTED; the cost whereof shall be paid out of funds which have been or are being appropriated by the Council for said improvements; and 2. That, upon the City's receipt of approval~by Roanoke County and Roanoke County Public Service Authority and all requisite State and Federal agencies of the aforesaid proposal and of the City's award of a contract thereon, the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City to execute and to seal and attest, respectively, the requisite written contract with Aaron J. Conner, General Contractor, Inc., based on its lump sum bid aforesaid, the terms of which contract shall be as set out in this ordinance, the invitation to bid, said proposal and in the contract documents proposed to be executed; and 3. That the City Manager be,' and he is hereby authorized and directed to execute and issue Change Order No. 1 in the amount of $11,765.00 in order to provide for the installation of asbestos cement pipe in lieu of concrete pipe offered to be provided by the proposal herein authorized to be accepted upon final award and execution of the contract herein conditionally awarded; and 4. That the bid deposits of all other bidders to the City for the award of the aforesaid contract be held by the City, in accordance with instruc- tions given such bidders, for a period of sixty-one (61) days following the date of the bid opening or until execution of contract documents by the low bidder hereinabove named, whichever shall first occur. BE IT FURTHER ORDAINED that the City Manager be and he is hereby directed to transmit copies of this ordinance to the State Water Control Board and to the Environmental Protection Agency. 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 26th day of January, 1976. No. 22684. 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 2 of the Pay Plan, a new code position for Promotion Manager for the Roanoke Civic Center, and by deleting from Schedule 2, on page 2 of said Pay Plan, the position of Business Manager, Range 23; providing the range and pay steps applicable to said new 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 upon 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 a Pay Plan for the employees of the City, be amended by the addition of the following code position, range and pay steps, viz: Annual Code Classification Name Range Step Salary Promotion Manager Vacant 28 1 $14,898.00 BE IT FURTHER ORDAINED that there be deleted and removed from Schedule 2, on page 2 of said Pay Plan, the following positon in the administrative and specialized service of the City, viz: Business Manager, Range 23. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect.from its passage. APPROVED ATTEST: City Clerk Mayor '88 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22671. AN ORDINANCE amending 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 the addition of a new section to be numbered Sec. 15, and entitled Massage by a person of opposite sex prohibited; exceptions. - Penalty., making it unlawful for any person to administer a massage for hire or reward to a person of the opposite sex; making the operation of any establishment where such massages are administered unlawful; providing for certain exceptions; and pro- viding for a penalty. WHEREAS, arising from numerous complaints and objections made to the Council with reference to the recent advent in the City of establishments operated as massage parlors, wherein without special regulation of any sort and for no reason arising from physical disability or complaint persons of one sex are, for monetary or other considerations, administered what are alleged to be massages by persons of tke other ~ex; tha Council, at its meeting on January 19, 1976, directed that a public hearing on the matter and upon necessity of adoption of certain regulatory or prohibitive measures be held at the Council meeting on the 26th day of January, 1976, in the Council Chambers, which public hearing was held and at which numerous persons were heard by the Council; and WHEREAS, the City Manager, in his report of January 26, 1976, to this Council, recommended that the Council adopt measures regulating massage parlors and the administration of massages, as being in the best interest of the city and its residents and as being within the police power of the City so to do; and WHEREAS, subsection (21) of Sec. 2 of the City Charter authorizes the City to prevent vice and immorality and to preserve public peace and good order in the City; and WHEREAS, it is the opinion of this Council, upon report and recom- mendation of officials and residents of the community, that it is proper, necessary and fitting with the sense of the community that measures be adopted making it unlawful for a massage to be administered to a person of the opposite sex for hire or reward and making the operation of any business where such massages are administered unlawful in order to protect the public Safety, health, good order and morals of the City and its residents, and to aid in the enforcement of local and State laws. 89 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 the same is hereby amended by adding thereto a new section to be numbered Sec. 15, and entitled Massage by a person of opposite sex prohibited; exceptions. - Penalty., to read and provide as follows: Sec. 15. Massage by a person of o~osite sex prohibited; exceptions. - Penalty. (a) It shall be unlawful for any person to admini- ster, for hire or reward, to any person of the opposite sex any massage, any alcohol rub or similar treatment, any fomentation, any bath, or any electric or magnetic treatment. (b) It shall be unlawful for any person, firm or corporation, or any other entity responsible for the operation of any establishment, regardless whether it be a public or private facility, to operate as a massage parlor, massage salon, bath parlor, or any similar type business, where any person administers, for hire or reward, to any person of the opposite sex any massage, any alcohol rub or similar treatment, any fomentation, any bath, or any electrical or magnetic treatment. (c) This section shall not apply to any treatment administered in good faith by a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the Commonwealth of Virginia, or to a licensed nurse acting under the direct prescription and direction of any such physician, surgeon, chiropractor, or osteopath; nor shall this section apply to barbers or beauticians who give massage to the scalp, face, the neck or shoulders only. (d) Any person, firm, corporation or other entity who shall violate any of the provisions of this section shall, be guilty of a misdemeanor and, upon conviction thereof, be fined not more than five hundred dollars ($500.00); and each day's violation of any provision of subsection (b), supra, of this section shall constitute a separate offense. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22672. AN ORDINANCE amending Title XIII. Health of the Code of the City of Roanoke, 1956, as amended, by the addition of a new chapter to be numbered Chapter 17, and entitled Massage Parlors and Massage Technicians, regulating the operation of establishments where massages of persons are administered; establishing certain standards for said establishments and employees thereof; providing for the issuance of appropriate permits by the City's Commissioner of Health; and providing for certain penalties. WHEREAS, arising from numerous complaints and objections made to the Council with reference to the recent advent in the City of establishments operated as massage parlors, wherein without special regulation of any sort and for no reason arising from physical disability or complaint persons of one sex are, for monetary or other considerations, administered what are alleged to be massages by persons of the other sex; the Council, at its meeting on January 19, 1976, directed that a public hearing on the matter and upon necessity of adoption of certain regulatory or prohibitive measures be held at the Council meeting on the 26th day of January, 1976, in the Council Chambers, which public hearing was held and at which numerous persons were heard by the Council; and WHEREAS, the City Manager, in his report of January 26, 1976, to this Council, recommended that the Council adopt measures regulating massage parlors and the administration of massages, as being in the best interest of the city and its residents and as being within the police power of the City so to do; and WHEREAS, subsection ~28) of Section ~2~ of the City Ckarter authorizes the City to provide for the preservation of the general kealtk of the inhabitants of said city and to make regulations to secure the same; and WHEREAS, it is the opinion of this Council, upon report and recommendati¢ of officials and residents of the community that it ia proper, necessary and fitting with the sense of the community that massage parlors and the administration of massages, as hereinafter defined, should be regulated in order to protect the public safety, health, good order and morals of the City and its residents, and to aid in the enforcement of local and State laws. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XIII. Health, of the Code of the City of Roanoke, 1956, as amended, be and the same is hereby amended by adding thereto a new chapter to be numbered Chapter 17, and entitled Massage Parlors and Massage Technicians, to read and provide as follows: CHAPTER 17. Massage Parlors and Massage Technicians Sec. 1. Definitions. For purposes of this chapter, the following phrases and words shall have the meaning assigned below, except in those instances when the context clearly indicates a different meaning. a. Commissioner - The commissioner of health of the city or his duly authorized representative. b. Massage - A method of treating the external parts of the human body for comfort or the general well- being of the body, consisting of rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument. c. Massage parlor - Any establishment having a fixed place of business where massages are administered. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a duly licensed physician, surgeon, physical therapist, chiropractor or osteopath, or to barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulders, d. Massage technician - Any person who administers a massage to another person at a massage parlor. This definition shall not be construed to include a physician, surgeon, chiropractor, physical therapist or nurse duly licensed by the Common- wealth of Virginia. Sec. 2. Permit required for a massage parlor; public health card and permit required for a ~assa~e technician. a. On and after March 3, 1976, it shall be unlawful for any person to establish, maintain or operate a massage parlor in the city without a valid non-suspend- ed massage parlor permit issued pursuant to this chapter. b. On and after March 3, 1976, it shall be unlawful for any person to perform the services of a massage techni- cian at a massage parlor in the 'city without a valid non-suspended public health card issued pursuant to this chapter. c. On and after March 3, 1976, it shall be unlawful for any person to perform the services of a massage technician at a massage parlor in the city without a valid massage technician permit issued pursuant to this chapter. Sec. 3. Examination of massage technicians; issuance of public health card. All persons who desire to perform the services of massage technician at a massage parlor shall first undergo a physical examination for contagious and communicable diseases, a chest X-ray which is to be made and interpreted by a trained radiologist accept- able to the commissioner, and such other laboratory tests, done in a laboratory acceptable to the commis- sioner, as may be necessitated by the above examination, and shall furnish to the commissioner a certificate based upon and issued within thirty days of such examination, signed by a physician duly licensed by the Commonwealth of Virginia and stating that the person examined is either free from any con- tagious or communicable disease or incapable of communicating any of such diseases to others. Such persons shall undergo the physical examina- tion referred to above and submit to the commissioner the certificate required herein within five days of the commencement of their employment and at least once every twelve months thereafter. The commissioner or his duly authorized representative, when he has cause to believe that the massage tech- nician is capable of communicating any contagious disease to others, may at any time require an immediate physical examination of any such person. Upon presentation to and approval by the commissioner of the certificate required herein, the commissioner shall issue a health card to the applicant, con- taining among other items the name of the holder, the date of expiration and a statement that the holder has complied with the provisions of this section. Tke commissioner shall refuse to issue such card if the applicant has either failed to furnish the certificate required herein or is not free from any contagious or communicable disease. The employer of any such person shall require all such persons to undergo the examination and obtain the certificates provided by this section, shall register at the place of employment the name and date of employment of each employee, and shall have the health cards and registration of all employees available for the commissioner at all reasonable times. Sec. 4. Massage technician ~ermit a~lication; fee. Any person desiring a permit to perform the ser- vices of a massage technician at a massage parlor in the city shall make application to the commissioner. Each massage technician permit application shall be accompanied by a permit fee of $50.00. payable to the city collector. Each such application shall contain the name, address, telephone number, last previous address, date of birth, place of birth, height, weight, current and last previous employment of the applicant. Sec. 5. Massage parlor permit application; fee. Any person desiring a massage parlor permit to estab- lish, maintain, or operate a massage parlor in the City shall make application to the commissioner. Each massage parlor permit application shall be accompanied by a per- mit fee of $100.00, payable to the city collector. Each renewal application shall be accompanied by a renewal permit fee of $50.00, payable to the city collector. Each such application shall contain the name, address, telephone number, last previous address, date of birth, height, weight, current and last previous employment of the applicant, and the name, address and telephone number of the place where the applicant proposes to operate, maintain or establish a massage parlor in the city. Sec. 6. Investigation of ~remises and issuance of massage parlor permit. The commissioner, before issuing any massage parlor permit, shall cause an investigation to be made of the premises named and described in the application for a massage parlor permit under this chapte~ for the purpose of determining whether the massage parlor complies with the provisions of this chapter. If the commissioner shall be satisfied from such investigation that the massage parlor is in conformity with the provisions of this chapter, he shall issue, or cause to be issued, a massage parlor permit authorizing the establishment, maintenance and operation of a massage parlor. If the commissioner shall not be so satisfied, he shall deny the application and advise the applicant in writing of such denial set- ting forth the reasons therefor. Every massage parlor permit issued pursuant to this chapter shall terminate at the expiration of one (1) year from the date of its issuance, unless sooner suspended. Sec. 7. Appeals. The following procedure shall be observed in appealing a decision made by the commissioner pursuant to this chapter: (a) Any person, or persons, jointly or severally aggrieved by any decision of the commissioner relative to the denial or suspension of any permit required by this chapter may present to a court of record within the city a petition, duly certified, setting forth that such decision is illegal in whole or in part, specifying the ground of illegality. Such petition shall be pre- sented to the court within thirty (30) days after the date of the final decision of the commissioner. (b) Upon the presentation of such petition, the court may allow a writ of certiorari directed to the commissioner to review his decision and shall prescribe therein the time within which a return thereto.must be made and served upon the petitioner or his attorney, which shall not be less than ten (10) days, and may be extended by the court. (c) The commissioner shall not be required to return the original papers acted upon by him, but it shall be sufficient to return the certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the :grounds of the decision appealed from and shall be verified. (d) If, upon the hearing, it shall appear to the court that testimony be necessary for the proper dispo- sition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which will constitute a part of the decision upon which a determination of the court may be made. The court may affirm or reverse, wholly or partly, or may modify the decision brought up for review. (e) Costs shall not be allowed against the commis- sioner, unless it shall appear to the court that he acted with gross negligence or in bad faith with malice in making the decision appealed from. Sec. 8. Right of entr~. The commissioner is hereby authorized to enter, examine and survey any premises in the city for which a massage parlor permit has been issued pursuant to this chapter during business hours to enforce the provisions of this chapter, and for no other official purposes. Sec. 9. Suspension of massage parlor permit--effect of order. If the commissioner finds that the massage parlor, for which the massage parlor permit was issued, does not conform to the standards set forth in this chapter, or the permittee has refused the commissioner the right to enter the premises to enforce the provisions of this chapter, he may enter an order for the immediate suspen- sion of the massage parlor permit until such time as he finds that the reason for such suspension no longer exists. A copy of the order shall be sent to the permittee at his place of business by certified mail, which order skall set forth the reasons for said suSpension. No person shall oper- ate a massage parlor when subject to an order of suspension. Sec. 10. Same--reinstatement. The commissioner may reinstate a suspended massage parlor permit when no fact or condition exists which would other- wise'warrant the commissioner to refuse to grant a massage parlor permit under the terms of this chapter. Sec. 11. Minimum standards for massage parlors. No massage parlor shall be operated, established or maintained in the city that does not comply with the following minimum standards: (a) The premises shall have adequate equipment for disinfecting and sterilizing non-disposal instru- ments and materials used in administering massages. Such non-disposal instruments and materials shall be disinfected after use on each patron. (b) Closed cabinets shall be provided and used for the storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered contain- ers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas. (c) Clean linen and towels shall be provided for .each massage patron. No common use of towels or linens shall be permitted. (d) Ail massage tables, bathtubs, shower stalls, steam or bath areas and floors shall have surfaces which may be readily disinfected. (e) Oils, creams, lotions or other preparations used in administering massages shall be kept in clean, closed containers or cabinets. (f) Adequate bathing, dressing, locker and toilet facilities shall be provided for the patrons to be served at any given time. In the event male and female patrons are to be served simultaneously, separate bathing, dressing, locker, ~oilet and massage room facilities shall be provided. Separate toilet and lavatory facilities shall be maintained for personnel. (g) Ail walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and tOilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept dry. (h) The premises shall be equipped with a service sink for custodial services. (i) Eating in the massage work areas shall not be permitted. (j) Animals, except for seeing-eye dogs, shall not be permitted in the massage work areas. (k) No massage parlor shall employ a massage tech- nician who does not comply with the standards established by this chapter. Sec. 12. Individual health requirements for massage technicians. No massage technician shall administer massages at a massage parlor who does not comply with the following individual health requirements: (a) No massage technician shall administer a massage if such massage technician knows or should know that he or she is not free of any contagious or communi- cable disease. (b) No massage technician shall administer a massage to a patron exhibiting any skin fungus, skin infection, skin inflammation, or skin eruption; provided that a physician duly licensed by the Commonwealth of Virginia may certify that such person may be safely massaged prescribing the conditions thereof. (c) Each massage technician shall wash his or her hands in hot running water, using a proper soap or disinfectant before administering a massage to each patron. Sec. 13. Suspension of he.alth card; reinstatement. If the commissioner finds that the massage technician does not comply with the standards set forth in this chapter, he may enter an order for the immediate suspen- sion of the health card until such time as he finds that the reason for such suspension no longer exists. A copy of the order shall be sent to the massage technician at his or her place of business by certified mail, which order shall set forth the reasons for said suspension. No person shall perform the services of a massage technician at a massage parlor when subject to an order or suspension. The commissioner may reinstate a suspended health card when he is satisfied from his own investigation that the massage technician complies with the applicable provisions of this chapter. Sec. 14. Display of permit. Every person to whom a permit shall have been granted shall display said permit in a conspicuous place in the massage parlor or establishment so that it may be readily seen by persons entering the pre- mises. Sec. 15. Site where a massage may be lawfully admin- istered. It shall be unlawful for a massage technician to administer a massage at any place other than a massage parlor operating under a valid non-sus- pended massage parlor permit issued pursuant to this chapter. ATTEST: Sec. 16. Penalty. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be guilty of a misdemeanor and shall be punished by a fine not exceeding one hundred dollars and each day's failure to comply with the provisions of this chapter shall constitute a separate offense. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22673. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Skeet No. 228, 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 parcel located on the southeasterly side of Hershberger Road, N. W., Official Tax Appraisal No. 2280601, rezoned from RG-1, General Residential 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-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 January, 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 pro- vided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 228 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the southwesterly side of Hershberger Road, N. W., and described as follows: 95 BEGINNING at a point on the southeasterly side of Hershberger Road, said point being the northeasterly corner of Lot 3A, Block 6, Eden Park; thence leaving Hershberger Road and in a south- easterly direction 193.65 feet, more or less, to a point; thence in an easterly direction, 13.65 feet, more or less, to a point; thence in a southeasterly direction with the line of Block 6, Eden Park, 600 feet, more or less, to a point on the northwesterly side of Edinburgh Drive; thence partly with the northwesterly side of Edinburgh Drive and partly with the line of a parcel desig- nated as Roanoke City Tax Appraisal No. 2281401, 525 feet, more or less, to a point on the line of a parcel designated as Roanoke City Tax Appraisal No. 2280208; thence in a northwesterly direction, 350 feet, more or less; thence, in a westerly direction with the line of property of the City of Roanoke, a distance of 35 feet; thence in a northwesterly direction 35 feet with the line of the same p-roperty;~.thence in a westerly direction with the lines of parcels designated as Roanoke City Tax Appraisal Nos. 2280602 and 2280604, 136.70 feet, more or less, to a point; thence continuing with the line of parcel 2280604 in a northerly direction, 249.8 feet, more or less, to a point on the southeasterly side of Hersh- berger Road; thence with the southeasterly side of Hershberger Road, 420 feet, more or less, to the Place of BEGINNING; and con- taining 8.24 acres, and being designated as Roanoke City Official Tax Appraisal No. 2280601; and designated on Sheet 228 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 2280601, be, and is hereby, changed from RG-1, General Resi- dential District, to C-i, Office and Institutional District, and that Sheet No. 228 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22674. AN ORDINANCE permanently vacating, discontinuing and closing two por- tions of the alleyway extending parallel with Broadway Avenue and New Street through Block 12, according to the map of Crystal Spring Land Company from Stephenson Avenue to McClanahan Avenue, in the City of Roanoke, Virginia, and authorizing and providing for the acceptance of certain land, all of which is more particularly described hereinafter. WHEREAS, Frye Building Company has heretofore filed its application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close a portion of the afore- said alleyway, which is more particularly described hereinafter as Parcel I; and WHEREAS, Frye Building Company did on January 30, 1975, 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 WHEREAS, more than ten days having expired since the publication of the notice of said application, in accordance with the prayers of said application and the provisions of Section 15.1-364 of the Code of Virginia, as amended, viewers were appointed by the Council by Resolution No. 22072, dated February 10, 1975, to view said alleyway 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 alleyway; and WHEREAS, it appearing from the written report of the viewers dated March 20, 1975, and filed with the City Clerk on March 15, 1975, that no incon- venience would result either to any individual or to the public~-from vacating, discontinuing and closing permanently said alleyway; and WHEREAS, Council at its meeting on February 10, 1975, referred said application to the City Planning Commission, which commission, after considering the matter at several of its meetings, recommended that the above described portion of the alleyway be closed on the condition that an alternate exit route be granted to the City from the alleyway to Broadway Avenue over and through Lot 24, Block 12, according to the map of Crystal Spring Land Company; and WHEREAS, the owners of the above described lot have agreed to grant a strip of land across the above described lot to provide access to and from Broadway Avenue and have on January 26, 1976, delivered a deed in proper form to the City of Roanoke effecting such grant; and WHEREAS, the City Planning Commission after giving proper notice to all concerned and having a hearing on the same, additionally recommended that an additional portion of the alleyway be closed, which portion is described hereinafter as Parcel II; and WHEREAS, a public hearing was held on said application before the Council at its regular monthly meeting on January 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, 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 portions, as applied for by Frye Building Company and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virgin- ia, that the two portions of the alleyway extending parallel with Broadway Avenue and New Street through Block 12, according to the map of Crystal Spring Land Company from Stephenson Avenue to McClanahan Avenue, which are more particularly described as follows: PARCEL I BEGINNING at corner 5, an iron pin, a point on the north right-of-way line of a 12 ft. alley and being a common corner with the southeast corner of Lot 60 and the southwest corner of Lot 61, Block 12, as recorded on the Crystal Spring Land Company Map, thence; leaving Lots 60 and with the south- erly line of Lot 61, 62, 63, and 64, and being a common line with the northerly side of a 12 ft. alley extending in an easterly direction N. 75 degs. 47' E. 160.00 ft. to corner 6 and being a common corner with the southeast corner to Lot 64 and the southwest corner of 65, thence; leaving the north- side of a 12 ft. alley and with a new line in a southerly direction, S. 14 degs. 13' E. 12.00 ft. to corner 7, and being a point on the southside of a 12 ft. alley and being a common corner with the northeast corner of Lot 27 and the northwest corner of Lot 28, thence; leaving Lot 28 and with the northside of Lots 27, 26, 25 and portion of Lot 24 and being a common line with southside of said 12 ft. alley in a westerly direction S. 75 degs. 47' W. 137.55 ft. to corner 8, thence; leaving the southside of said alley and with a new line through said alley in a northerly direction and with a curve to the left in which curve is defined by a delta of 56 degs. 15', a radius of 27.00 ft., and an arc of 26.51 ft., a chord of 25.46 ft. and bearing N. 76 degs. 05' 30" W. to corner 5, the place of BEGIN- NING as more particularly shown on plat prepared by Buford T. Lumsden & Associates, P.C., Certified Land Surveyors, Roanoke, Virginia, dated May 20, 1975, a copy of which is attached hereto (see original Ordinance as filed in the City Clerk's Office), and made a part hereof. PARCEL II BEGINNING at corner 7 on the hereinabove described Parcel I, said beginning point being the northeasterly corner of Lot 27 and the northwesterly corner of Lot 28, Block 12, according to the Map of Crystal Spring Land Company; thence, in an easterly direction with the northerly lines of Lots 28, 29, 30, 31 and 32, Block 12, according to the Map of Crystal Spring Land Company and with the northerly line of Lot 1, according to the Barbour Map, to a point, said point being the northeasterly corner of Lot 1 and the north- westerly corner of Lot 2, according to the Barbour Map; thence in a northerly direction with the common line between Lot 1 and Lot 2, according to the Barbour Map, extended to its intersection with the southerly line of Lot 70, Block 12, according to the Map of Crystal Spring Land Company; thence in a westerly direction with the southerly line of Lots 70, 69, 68, 67, 66 and 65, Block 12, according to the Map of Crystal Spring Land Company, to a point, said point being the southwesterly corner of Lot 65 and the south- easterly corner of Lot 64, Block 12, according to the aforesaid Map of Crystal Spring Land Company and also being a common corner with Corner 6 of Parcel I hereinabove described; thence S. 14 degs. 13' E. 12.00 ft. to the place of BEGINNING, as is shown on Sheet No. 105 of the Tax Map of the City of Roanoke, Virginia. be, and they hereby are, permanently vacated, discontinued and closed as a public alley; and that all right and interest of the public in and to the same be, and it hereby is, released insofar as the Council of the City of Roanoke is empower- ed 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 alley portion, together with the right of ingress and egress for the maintenance of such lines, mains or utilities. BE IT FURTHER ORDAINED that the proper City officials be, and they hereby are, authorized and directed to accept on behalf of said City a deed conveying the fee simple title to a certain strip of land across Lot 24, Block 12, according to the Map of Crystal Spring Land Company, situate in the City of Roanoke, described as follows: BEGINNING at corner 1, an iron pin, located on the north right-of-way line of Broadway, S. W., and being a common corner with the southeast corner of Lot 23 and the southwest corner of Lot 24, thence; leaving Broadway and with the westerly line of Lot 24 in a northerly direction, N. 14 degs. 13' W. 129.02' to corner 2, thence; leaving the westerly line of Lot 24 and with a new line and with a curve to the right in which curve is defined by a delta of 30 degs. 00', a radius of 96.96' an arc of 50.77', a chord of 50.19' and bearing N. 0 deg. 47' E. to corner 3, thence; with a curve to the left in which curve is defined by a delta of 120 degs. 00', a radius of 15.00', an arc of 31.42' a chord of 25.98' and bearing N. 44 degs. 13' W. to corner 4, an iron pin and being a common corner with the northeast corner of Lot 23 and the northwest corner of Lot 24, and being a point on the southside of the 12' alley, thence; leaving Lot 23 and with the northerly line of Lot 24 and with the south line of a 12' alley in an easterly direction, N. 75 degs. 47' E. 22.45' to corner 8, thence, leaving the 12' alley and with a new line through Lot 24 in a southerly direc- tion and with a curve to the right in which curve is defined by a delta of 63 degs. 45', a radius of 27.00', an arc of 30.04', a chord of 28.52', and bearing S. 16 degs. 05' 30" E. to corner 9, thence; with a curve to the left in which curve is defined by a delta of 30 degs. 00', a radius of 84.96', an arc of 44.48', a chord of 43.98' and bearing S. 0 deg. 47' W. to corner 10, thence; S. 14 degs. 13' E. 129.02' to corner 11, and being a point on the northerly right-of-way line on Broad- way, thence; with the northerly line of Broadway in a westerly direction S. 75 degs. 47' W. 12.00' to corner 1, the place of BEGINNING and containing 0.06 acres as more particularly shown on plat prepared by Buford T. Lumsden & Associates, P.C., Certified Land Surveyors, Roanoke, Virginia, dated May 20, 1975, which is attached hereto (see original Ordinance as filed in the City Clerk's Office), and made a part hereof; and BEING a portion of the same property conveyed to John F. Barbour by deeds of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 66, page 8, and Deed Book 72, page 152. 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 plats on file in his office on which said alley portions are shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance in order that the Clerk of said court may make proper notation on all maps or plats recorded in his office upon which are shown said alley portions 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 McClanaham Building Associates, Laetitia M. Barbour, Stuart A. Barbour, Jr., Elizabeth G. Barbour, Frye Building Company, John S. Barbour (Estate) and Frye Building Company, and in the name of any other party in interest who may request as Grantee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22675. AN ORDINANCE designating and fixing the name Evans Mill Road, S. W., to a certain street in the southwest quadrant of the City. WHEREAS, the City Planning Commission has reported to the Council under date of December 22, 1975, that a heretofore unnamed 30-foot wide public street extending approximately 1140 feet westerly along the southerly side of Norfolk and Western Railway Company's Winston-Salem Division right of way, from the intersection of said street with Crystal Spring Avenue, S. W., to the intersection of said unnamed street with Wycliffe Avenue, S. W., as shown on the map of Crystal Spring Land Company, should be named Evans Mill Road, S. W., after the Evans Mill Tract, which Tract was located in the 18th century in the general area in which said street lies. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that certain heretofore unnamed 30-foot wide public street in the southwest quadrant of the City, extending approximately 1140 feet westerly along the southerly side of Norfolk and Western Railway Company's Winston-Salem Division right-of-way from the intersection of said street with Crystal Spring Avenue, S. W., to the intersection of said unnamed street with Wycliffe Avenue, S. W., as shown on the map of the Crystal Spring Land Company, be and is hereby designated and named Evans Mill Road, S. W. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to cause the above street name to be appropriately noted on all maps and plats lodged in his care; that the City Manager be, and he is hereby authorized to cause the placement of appropriate street name signs on said street; and that the City Clerk transmit to the Postmaster at Roanoke six (6) attested copies of this ordinance, in order that said Postmaster be apprised of the aforesaid street name. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22676. AN ORDINANCE designating and fixing the name Crystal Spring Avenue, S. W., to a certain street in the southwest quadrant of the City. WHEREAS, the City Planning Commission has reported to the Council under date of December 22, 1975, that a heretofore unnamed 30-foot wide public street extending approximately 600 feet northeasterly from the present northern terminus of Crystal Spring Avenue, S. W., north of McClanahan Street and adjacent to the Norfolk and Western Railway Company's Winston-Salem Division right- of-way, along the easterly side of said Norfolk and Western Railway Company's right-of-way, to the intersection of said unnamed street with Wiley Drive, S. W., as shown on the map of Crystal Spring Land Company, should logically be named Crystal Spring Avenue, S. W., inasmuch as it is located generally, in alignment with Crystal Spring Avenue, S. W. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that certain heretofore unnamed 30-foot wide public street in the southwest quadrant of the City, extending approximately 600 feet northeasterly from the present northern terminus of Crystal Spring Avenue, S. W., north of McClanahan Street and adjacent to the Norfolk and Western Railway Company's Winston-Salem Division right-of-way, along the easterly side of said Norfolk and Western Railway Company's Winston-Salem Division right-of-way to the intersection of said unnamed street with Wiley Drive, S.W., as shown on the map of Crystal Spring Land Company, be and is hereby designated and named Crystal Spring Avenue, S. W. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to cause the above street name to be appropriately noted on all maps and plats lodged in his care; that the City Manager be, and he is hereby authorized to cause the placement of appropriate street name signs on said street; and that the City Clerk transmit to the Postmaster at Roanoke six (6) attested copies of this ordinance, in order that said Postmaster be aPPrised of the ~ aforesaid street name. ATTEST: City Clerk APPROVED Mayor 1;02 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22685. AN ORDINANCE to amend and reordain Section 9889, "Transfers to Capital Improvements 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 Section 9889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND 9889 Murray Run Interceptor Sewer (1) ...... $536,024.03 Not previously appropriated (1) Net increase- $435,000.00 *To be partially reimbursed by Roanoke County and State and~Federal agencies BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22686. AN ORDINANCE to amend and reordain Section 9898, "Contingencies," and Section #832, "Humanitarian and Social Programs," 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 9898, "Contingencies," and Section 9832, "Humanitarian and Social Programs," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: 10,3" CONTINGENCIES $898 Contingency Reserve (1) ............... $79,932.03 HUMANITARIAN AND SOCIAL PROGRAMS #832 Mental Health Services (2) ............ 35,937.00 Transfer (1) Net decrease ...... $14,347.00 (2) Net increase 14,347.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22687. AN ORDINANCE to amend and reordain Section #101, "Council," 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 #101, "Council," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follOws, in part: COUNCIL #101 Studies, Investigations and Rewards (1) ...................... $5,000.00 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 t0 4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22688. AN ORDINANCE offering and providing for the payment of a certain cash reward; and providing for an emergency. WHEREAS, the Council and this community view with abhorrence and deepest concern the commission of the apparent criminal acts of arson which have caused several apartment fires and three tragic deaths, in the City, and the Council desires that there be promptly brought to justice the person or persons responsible for these acts of arson; and WHEREAS¥' fof'~he immediate preservation of the public peace and safety an emergency is declared 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 there is hereby posted and offered to be paid by the City a reward in the sum of $5,000.00, cash, to the person first hereafter furnishing to police authorities information directly leading to and responsible for the apprehension and final conviction of the person or persons responsible for the acts of arson which have caused several apartment fires and three untimely deaths in the City. BE IT FURTHER ORDAINED that the amount of the aforesaid reward shall be increased by any such amount or amounts as may be paid to the City for the aforesaid express purpose by any private individual, firm or corporation; and, further, that the City Council expressly reserves the sole right to determine the person or persons to whom the entire aforesaid reward shall be paid, upon any claim for payment of the same being made to the City, and reserves, further, the right to withdraw the offer of payment of said reward at any time prior to claim for payment thereof being made to the Council. BE IT FURTHER ORDAINED that there be and is hereby appropriated from the General Fund the sum of $5,000.00, to be used in payment of the reward herein offered; and BE IT FURTHER ORDAINED that the City Manager do cause appropriate publication to be made and publicity given of notice of the offering and posting of the aforesaid reward; and BE IT FINALLY ORDAINED that, an emergency existing, this ordinance ATTEST: shall be in full force and effect upon its passage. APPROVED City Clerk Mayor ............. II ~. ...... 105 IN THE COUNCIL OF T~_E CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22689. AN ORDINANCE relating to the relocation or adjustment of certain City sewer lines and facilities in connection with Virginia Department of Highways and Transportation's Route 220 Southwest Expressway, Project 6220- 128-105, C-503, from Franklin Road, S. W., in the City, to 0.230 mile south of the intersection of Route 419; authorizing the execution of a contract between the City and the Commonwealth of Virginia, Department of Highways and Transportation in the premises; and providing for an emergency. WHEREAS, the Virginia Department of Highways and-Transportation is proposing to construct an additional section of the new Route 220 Southwest Expressway which will necessitate the adjustment or relocation of certain City sewer lines and facilities and the City and the Commonwealth wish to agree in writing upon the terms and conditions under which necessary adjustments will be made; and WHEREAS, said Department of Eighways and Transportation has prepared and tendered to the City a form of agreement proposed to be entered into, a copy of which is on file in the Office of the City Clerk; 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 in the name of the City of Roanoke, that certain form of written agreement prepared by the Virginia Department of Highways and Transportation and setting out the terms and conditions under which necessary adjustments of certain of the City's sewer lines and facilities will be made in connection with said Department's construction, through its road contractor, of a new section of the Route 220 Southwest Expressway, Project 6220-128-105, C-503, as said proposed agreement is on file in the Office of the City Clerk, said agreement providing, in general, for the following: 1. That the Commonwealth of Virginia, Department of Highways and Transportation, through its road contractor and at State expense, will adjust the City's sewer lines and facilities in accordance with the plans and special provisions prepared for said Project, said plans being identified as Sheets 1, 2H, 2H-l, 2H-2, 2H3 and 2H-4 of the State's construction plans for said Project and the special provisions being identified as "Virginia Department of Highways and Transportation Special Provisions for Relocation of Sewer Facilities, Project: 6220-128-105, C-503, dated November 7, 1975", and will issue to the City and continue in effect a permit for the City's construction, maintenance and operation of said facilities as indicated on said plans; I06 2. That the City agree that it will relinquish its existing rights- of-way for sewer lines and facilities which are to be abandoned or which are within the limits of the right-of-way for the highway project, the City's construction, operation and maintenance of its said sewer facilities in said highway right-of-way to be hereafter authorized by the aforesaid permit; that said facilities shall be and remain the property of the City and that no charge shall at any time be made for the City's use of the highway right-of-way occupied by said facilities; that any construction or maintenance operations to be performed by the City within the designated limited access right-of-way shall have prior approval of the State, except that emergency maintenance operations may be performed without advance notice to the State; and that the City, to the best of its ability, will perform all operations within said right-of- way in a manner which will reduce to a minimum interference to the flow of traffic and disturbance of the roadway and which will provide a maximum of safety to traffic and to the City's maintenance forces; 3. That the cost of any subsequent alteration, reconstruction or relocation of the aforesaid facilities of the City requested or required by the State will be borne by the State; 4. That the City will, at its cost, inspect the utility work included in the highway contract let by the State, reporting through the Highway Resident Engineer, and upon satisfactory completion of all such adjustment and relocation performed by the State's contractor will certify in writing to the State that such work was performed in a satisfactory manner; and 5. That existing sewer facilities of the City which are to be abandoned within said road right-of-way will become the property of the State's road contractor, to whom any salvage value derived therefrom will accrue. BE IT FURTHER 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 2nd day of February, 1976. No. 22691. A RESOLUTION requesting representatives of the City of Roanoke to the 1976 General Assembly of Virginia to introduce and support legislation amending "The Virginia Supplemental Retirement Act", so that employees of a local public school board, who participate in a pension plan of a political subdivision which provides Virginia Supplemental Retirement System group life insurance for its employees, also be granted eligibility for Virginia Supplemental Retirement System group life insurance. WHEREAS, it is the opinion of this Council that it is inequitable for those employees of the School Board of the City of Roanoke who participate in the City's pension plan not to be eligible for Virginia Supplemental Retirement System group life insurance; and WHEREAS, in order for those aforesaid employees to be granted eligibility for the Virginia Supplemental Retirement System, it is necessary that the Virginia Supplemental Retirement Act be amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Senator and the two Delegates from the City of Roanoke to the 1976 General Assembly of Virginia be and are hereby most seriously requested to confer and, together, to introduce and support at the 1976 Session of said General Assembly legislation which would amend "The Virginia Supplemental Retirement Act" as set out in SS51-111.19 to SS51-111.67 of the 1950 Code of Virginia, as amended, so that employees of a local public school board, who participate in a pension plan of a political subdivision which provides Virginia Supplemental Retirement System group life insurance for its employees, also be granted eligibility for Virginia Supplemental Retirement System group life insurance. BE IT FURTHER RESOLVED that the City Clerk transmit attested copies of this resolution to Senator William B. Hopkins, to Delegate Ray L. Garland and to Delegate A. Victor Thomas, the City's representatives to the General Assembly of Virginia. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22692. AN ORDINANCE to amend and reordain Section #832, "Humanitarian and Social Programs," 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. .08 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #832, "Humanitarian and Social Programs," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: HUMANITARIAN AND SOCIAL PROGRAMS #832 R.A.D.A.R. (1) ................... $5,333.00 Not previously appropriated (1) Net increase. $5,333.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22693. AN ORDINANCE to amend and reordain Section #832, "Humanitarian and Social Programs," 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 #832, "Humanitarian and Social Programs," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: HUMANITARIAN AND SOCIAL PROGRAMS #832 WBRA-TV (1) ..................... $1,500.00 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22694. A RESOLUTION endorsing legislation authorizing "right turns on red" at certain intersections controlled by traffic signals. WHEREAS, the Council is advised that, upon recommendations made to the General Assembly of Virginia by the Department of High-ways and Transportation and the Virginia Highway Safety Commission, contained in Senate Document 5 of its 1976 Session, there has been introduced at said Session legislation which, by amendment of SS46.1-184 of the Code of Virginia, would permit of certain right turns being made by vehicular traffic at intersections controlled by traffic signal lights or semaphores when such signals are indicating red, unless a sign be placed at said intersection expressly prohibiting turns on red signals; and WHEREAS, this Body, considering recommendations made by citizens to the Council and the City Manager's analysis and report on the proposal, made to the Council, favors the enactment of tke a~endatory legislation now pending before the General Assembly. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body favors passage by the 1976 General Assembly of Virginia of legislation contained in House Bill No. 12 which, by amending SS46.1-184 of the Code of Virginia, would provide, amongst other things, that red signals by light or semaphore shall indicate 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; and that such right turning traffic shall yield the right-of-way to pedestria] lawfully within an adjacent crosswalk and to other traffic using the intersection. BE IT FURTHER RESOLVED that the City Clerk transmit to Senators Hopkins and Thornton and to Delegates Garland, Thomas, Cranwell and Robrecht attested copies of this resolution, each of whom is respectfully requested to support passage of the aforesaid legislation by the 1976 General Assembly of Virginia. ATTEST: City Clerk APPROVED Mayor s 109 11(3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22695. AN ORDINANCE to amend and reordain Section #898, "Contingencies," and Section #101, "Council," 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 #898, "Contingencies," and Section #101, "Council," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTINGENCIES #898 Contingency Reserve (1) ........... $54,932.03 COUNCIL #101 Contractual Services (2) .......... 58,430.00 Transfer {1) Net decrease. $25,000.00 (2) Net increase .... 25,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22696. AN ORDINANCE authorizing employment of consultant services to study and make recommendations as to the City's current system of taxation, its sources of revenue and the feasibility and desirability of developing sufficient additional revenue; and providing for an emergency. WHEREAS, the City Manager, having solicited, as authorized by the Council, proposals from several consultant firms who would offer to study the City's overall tax base and system of taxation and its capacity for obtaining revenue with which to operate the City, has reported that the firm of McKinsey & Company, Inc., of Washington, D. C., has submitted under date of January 14, 1976, what the City's evaluation co~m~ittee and said City Manager consider the best proposal and offer to provide such service to the City, and has recom- mended its acceptance; and WHEREAS, a sum sufficient to pay for the lump sum cost of the study and report thereon has 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 that the proposal and offer in writing made under date of January 14, 1976, to the City by McKinsey & Company, Inc., of Washington, D. C., to conduct a study and analysis of the City's overall tax base or tax sources, its system of taxation and its capacity for obtaining revenue, to make written report thereon and to provide recommendations to assist the City in improving its tax structure and revenue raising strategy, to be accomplished within the time and in the manner set out in said proposal and for a lump sum fee of $24,000.00, payable to said firm upon completion of its aforesaid work, be and said proposal is hereby accepted; and the City Manager is hereby authorized to enter into written agreement, on behalf of the City with said firm, on form approved by the City Attorney, incorporated into which shall be the aforesaid written proposal and the provisions of this ordinance. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1976. No. 22697. A RESOLUTION waiving the event expense fees for the use of the Roanoke Civic Center by professional hockey teams of the Roanoke Valley and establishing a set rental fee of $600.00 per game for use of the Civic Center by said teams for any remaining scheduled home games and any play-off games for the 1975- 76 season. WHEREAS, the Roanoke Civic Center and Stadium Advisory Commission, by report dated January 22, 1976, recommended to the Council that the rent and Civic Center expenses charged to the Roanoke Valley Rebels Hockey Team be reduced for the remaining ten games of the season and any play-off games scheduled in the Roanoke Civic Center, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City waive the event expense fees for the use of the Roanoke Civic Center by professional hockey teams of the Roanoke Valley and that the City establish a set rental fee of $600.00 per game for use of the Civic Center by said teams for any remaining scheduled home games and any play-off games for the 1975- 76 season. BE IT FURTHER RESOLVED that the City Clerk be directed to transmit an attested copy of this resolution to Mr. Henry Brabham of Hockey, Inc., of 767 Orange Avenue, Roanoke, Virginia. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1976. No. 22690. AN ORDINANCE to authorize a project to provide, acquire, construct and equip a new jail for the City of Roanoke and to authorize the issuance and sale of general obligation bonds of the City of Roanoke in an aggregate principal amount not to exceed Six Million Dollars ($6,000,000) pursuant to the Public Finance Act of Virginia, to provide funds to pay the costs of such project. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Council of the City of Roanoke (hereinafter referred to as the "City") hereby authorizes the undertaking by the City of a project (hereinafte~ referred to as the "Project") to provide, acquire, construct and equip a new jail in the City to be owned by the City, as authorized by general law and Section 2 (26) of the Charter of the City. 2. Pursuant to Chapter 5 of Title 15.1 of the Code of Virginia 1950, the same being the Public Finance Act, for the purpose of providing funds to pay the cost, as defined in the Public Finance Act, of the Project, there are hereby authorized to be issued and shall be issued general obligation bonds of the City in an aggregate principal amount not to exceed Six Million Dollars ($6,000,000), which bonds shall be designated "General Obligation Jail Bonds" (hereinafter referred to as the "Bonds"). The Bonds shall be of the denomination of $5,000 each; shall be numbered from 1 consecutively upward in order of maturity; and shall bear interest at such rate or rates per annum as fixed by resolution of the Council at the time of sale thereof, 113, provided that the rate or rates of interest borne by the Bonds shall not exceed the maximum rate permitted by law at the time of sale thereof. As shall be determined by the Director of Finance prior to the sale of the Bonds: the Bonds shall be dated as of a date not later than the date of delivery of and payment therefor; shall mature in substantially equal installments of principal, or substantially equal installments of both principal and interest, the first installment of principal to mature not later than three (3) years from the date of the Bonds and the last installment of principal to mature not later than thirty (30) years from the date of the Bonds; shall be payable both as to principal and interest at a place or places within or without the Common- wealth of Virginia, or both; and may be subject to redemption prior to the stated maturities thereof at the option of the City at any time on or after ten (10) years from the date thereof at redemption premiums not exceeding four per centum (4%) of the principal amount redeemed, upon such notice of redemption as is provided in the form of the Bonds hereinafter.-set forth. The interest payable upon the Bonds shall be payable on such dates, commencing not later than one year from the date of the Bonds and semi-annually thereafter, as shall also be determined by tke Director of Finance prior to the sale of the Bonds. All such details shall be subject to ratification by the Council at the time of sale of the Bonds. The Council reserves the right to change, prior to the sale of the Bonds, any or all of the foregoing limitations on the details of the Bonds. Upon authorization by the Council the Bonds shall be offered for sale for not less than the par value thereof, after publication of a notice of such sale not less than five days prior to such sale in a newspaper of general circulation in the City and, if deemed advisable, in a financial journal published in the City of New York, New York. 3. The Bonds shall be signed in the name of the City by the facsimile signature of the Mayor, shall bear a facsimile of the seal of the City attested by the fascimile signature of the City Clerk, and shall be authenticated by the manual signature of the City Treasurer. The coupons attached to the Bonds shall be signed in the name of the City by the facsimile signature of the City Treasurer, which shall be recognized by the City as having the same legal effect as if such signature had been written upon each coupon by the City Treasurer. The Bonds and the coupons to be attached thereto shall be in substantial the following form, with the text which is in brackets to be inserted in the Bonds if applicable to the details of the Bonds as finally fixed: Ly NUMBER UNITED STATES OF AMERICA NUMBER $5,000 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE General Obligation Jail Bond $5,000 KNOW ALL MEN BY THESE PRESENTS, that the CITY OF ROANOKE, a municipal corporation created and organized under the laws of the Commonwealth of Virginia, for value received, acknowledges itself indebted and promises to pay to the bearer hereof the principal sum of FIVE THOUSAND DOLLARS ($5,000), payable on the at the rate of annum, payable day of day of , 19 , with interest per centum ( %) per and semi-annually thereafter on the and the day of of each year upon the surrender of the respective coupons attached hereto as they severally become due. Both the principal sum hereof and the interest hereon are payaDle in lawful money of the United States of America at the principal office of in , , or, at the option of the holder of this bond and said coupons, at the principal office of , in , . This bond is one of an issue of bonds of like date, denomination and tenor, except as to number, interest rate and maturity. This bond and the bonds of the issue of which it is one are issued for the purpose of providing funds to pay the cost of a project consisting of the providing, acquiring, constructing and equipping of a jail, under and pursuant to, and in full compliance with, the Constitution and statutes of the Commonwealth of Virginia, including Chapter 5 of Title 15.1 of the Code of Virginia 1950, and an ordinance and resolution of the Council of the City of Roanoke duly adopted under said Chapter 5 on and , respectively. (The bonds of the issue of bonds of which this bond is one maturing on and after shall be subject to redemption at the option of the City of Roanoke prior to their stated maturities on and after , in whole at any time, or in part from time to time on any interest payment date in the inverse order of their maturities, at the redemption price with respect to each bond, expressed as a percentage of the principal amount redeemed, set forth below, together with the interest accrued thereon to the date fixed for redemption: Period During which Redeemed Redemption (both dates inclusive) Price I1-5 If at any time less than all the bonds of the issue of bonds of which this bond is one of any given maturity are called for redemption, the particular bonds of such maturity to be redeemed shall be selected by lot.) (If this bond is redeemable and shall be called for redemption, notice of the redemption hereof, specifying the designation, date, number and maturity of this bond, the date fixed for its redemption and the redemption price payable upon such redemption, shall be given by publication of such notice once in a daily newspaper printed in the English language and customarily published on each business day and of general circulation in the City of Roanoke, Virginia, and once in at least one daily newspaper or financial publication printed in the English language and customarily published on each business day in the City of New York, New York, the date of publication of such notice in any case to be at least thirty days prior to the date fixed for redemption. If this bond shall be called for redemption and notice of such redemption duly given as aforesaid, and if on or before the redemption date the payment of the redemp- tion price shall have been duly made or provided for, then this bond shall become due and payable upon such redemption date and interest hereon shall cease from and after the date so specified for the redemption hereof.) The full faith and credit of the City of Roanoke is hereby pledged to the payment of the principal of and interest on this bond, and an ad valorem tax shall be levied on all the taxable property of the City of Roanoke sufficient to pay said principal and interest as the same become due and payable. It is hereby certified, recited and declared that the issue of this bond is made in strict conformity with the Constitution and statutes of the Commonwealth of Virginia, and ordinances and resolutions of the City of Roanoke authorizing the same; and that all acts, conditions and things required to exist, happen and be performed precedent to and in the issue of this bond have existed, happened and been performed in regular and due time, form and manner, as required by law; and that this issue of bonds, including all other indebtedness of said City, does not exceed any Constitutional or statutory limitation of indebtedness. IN TESTIMONY WHEREOF, the CITY OF ROANOKE has authorized and caused this bond to be signed in its name by the facsimile signature of its Mayor and a facsimile of the said City's corporate seal to be made to appear hereon, attested by the facsimile signature of its City Clerk, and to be authenticated by the manual signature of the City Treasurer, and the coupons hereto attached to be signed in its name by the facsimile signature of the City Treasurer, and this bond be dated the day of , 19 . 116 ATTEST: Roanoke City Seal CITY OF ROANOKE By Mayor City Clerk City Treasurer (FORM OF COUPON) Coupon No. $ On the day of , 19 , (unless the bond hereinafter mentioned shall be subject to prior redemption and shall have been called for previous redemption and payment of the redemption price duly made and provided for,) the CITY OF ROANOKE, Virginia, will pay to the bearer at the principal office of at the principal office of DOLLARS ($ Obligation Jail Bond, dated the and numbered . CITY OF ROANOKE, By City Treasurer , in , or, at the option of the holder, · in ), being the interest then due on its General day of , 19 , 4. The full faith and credit of the City shall be and is hereby pledged to the payment of the principal of and interest on the Bonds as the same become due. For the payment of such principal and interest, the City shall have power and be obligated to levy ad valorem taxes without limitation as to rate or amount on all the property subject to taxation by the City. 5. The City hereby covenants with the holders from time to time of the Bonds as hereinafter set forth in this paragraph. No use of the proceeds of the Bonds shall be made which, if such use had been reasonably expected on the date of issue of the Bonds, would have caused the Bonds to be "arbitrage bonds", within the meaning of Section 103(d) (2) of the U. S. Internal Revenue Code of 1954. The City shall comply with the requirements of said section of said Internal Revenue Code and the applicable regulations of the Internal Revenue Service adopted thereunder so long as any Bond is outstanding. 6. The City Clerk shall and is hereby directed to certify and file a copy of this ordinance with the Circuit Court of the City of Roanoke, Virginia, and publish a notice in The World-News, a newspaper of general circulation in the City, all in accordance with Section 15.1-199, Code of Virginia, 1950. The form of the notice to be published shall be substantially as follows: "LEGAL NOTICE Notice is given pursuant to Section 15.1-199 of the Code of Virginia 1950, that the City of Roanoke, Virginia, on , 1976, filed with the Circuit Court of the City of Roanoke, Virginia, a certified copy of an ordinanc adopted by the Council of the City of Roanoke on , 1976, providing for the issuance of General Obligation Jail Bonds of the City of Roanoke in an aggregate principal amount not to exceed $6,000,000, the proceeds of which will be expended or applied to provide, acquire, construct and equip a jail to be owned by the City of Roanoke. from the date of passage. ATTEST: CITY OF ROANOKE City Clerk". This ordinance shall take effect from and after ten days City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1976. No. 22703. AN ORDINANCE to amend and reordain Section #748, "Engineering and Building Inspection," 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 #748, "Engineering and Building Inspection," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ENGINEERING AND BUILDING INSPECTION #748 Contractual Services (1) ................ $48,359.88 Utilities and Communications (2) ........ 6,200.00 Transfer (1) Net decrease ................ $2,450.00 (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 11'8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1976. No. 22704. AN ORDINANCE awarding contracts for furnishing and delivering traffic paint and reflective glass beads to the City; accepting bids made therefor; rejecting other bids; and providing for an emergency. WHEREAS, on January 30, 1976, and after due and proper advertisement had been made therefor, bids for furnishing and delivering traffic paint and reflective glass beads to the City 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 February 9, 1976. WHEREAS, the City Manager, concurring in the committee's report has recommended award of the contract as hereinafter provided; and the Council consider. 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 beads and that funds sufficient to pay for the purchase prices of said paint and beads 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 proposal of William Armstrong Smith Company to furnish and deliver traffic paint to the City, which proposal is for the cost to the City of $14,717.00, cash, and the proposal of Potters Industries, Incorporated, to furnish and deliver reflective glass beads to the City for the purchase price of $3,639.38, cash, be and said proposals are hereby ACCEPTED; and that the City's Manager of Purchasin and Materials Control be, and he is hereby authorized and directed to issue the requisite purchase orders for the abovementioned traffic paint and beads, said purchase orders to be made and filed in accordance with the City's specificati 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 and reflective glass beads be and said bids are hereby REJECTED; and the City Clerk is directed to so notify each said bidder and to express to each the City's appreciation 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 .ng ns, 1i9 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1976. No. 22705. AN ORDINANCE providing for the purchase of certain equipment for use by the City's Department of Public Works upon certain terms and conditions; accepting certain bids made to the City for furnishing and delivering said equipmen rejecting other bids made to the City; and providing for an emergency. WHEREAS, on February 3, 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 opened in the office of the City's Manager of Purchasin¢ 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; and WHEREAS, the Council, considering all of the same, has determined that the bids hereinafter accepted are the lowest and best bids meeting all of the specifications made therefor 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, and that the other said bids should be rejected; and WHEREAS, it is necessary for the usual daily operation of tke municipal government that this ordinance take effect upon its passage. follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as That the bid of Capital Equipment Company, Inc., to furnish and deliver to the City as follows: ITEM NO. DESCRIPTION 1 3 - New Street Sweepers, Tricycle Type, Diesel Powered (Less 2%--20 days discount) Total - PURCHASE PRICE $102,526.62 That the bid of Surface Equipment Corporation, to furnish and deliver to the City as follows: ITEM NO. DESCRIPTION 2 3 - New Rubber Tire Industrial Tractors, Diesel Powered 2 - New Side Mounted Cycle Bar Mowers, furnished and mount- ed on two of the above tractors. 2 - New Flail Mowers, 72" Total - PURCHASE PRICE $ 22,356.43 120 That the bid of Capital Equipment Company, Inc., to furnish and deliver to the City as follows: ITEM NO. DESCRIPTION 3 PURCHASE PRICE (Alternate Bid) 3 - New Leaf Collection Machines, Trailer Type, Air Cooled Engine. (Less 2%--20 days discount) Total - $ 12,636.12 That all of the above amounts to be paid in cash, said equipment to be delivered to the City, f.o.b. Roanoke, Virginia, all to be in accordance with the City's specifications therefor, and said bidders' proposals, 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 requisite purchase orders therefor, incorporating into said orders the City's aforesaid specification~ the terms of said bidders' proposals and the terms and provisions of this ordinance the cost of said equipment, 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 all of the aforesaid equipment and upon the City's acceptance of the same, the Director of Finance be, and he is hereby authorized and directed to make requisite payment to each said successful bidder of the aforesaid purchase prices, not to exceed the sums hereinabove set out. BE IT FURTHER ORDAINED that all other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby REJECTED; the City Clerk to so notify all said other bidders and to express to each the City's appreciation 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 9th day of February, 1976. No. 22706. AN ORDINANCE providing for the purchase and acquisition of various types of communications equipment for use in various City vehicles, by accepting the proposal of Motorola Communications and Electronics, Inc., of Roanoke, Virginia, upon certain terms and provisions; and providing for an emergency. WHEREAS, on January 30, 1976, and after due and proper advertisement had been made therefor, bids for the supply to the City of various types of communications 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 recom- mendation 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 February 9, 1976, recommendil 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 heretofore been appropriated for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance {ake effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Motorola Communications and Electronics, Inc., 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: Items of equipment 36 New Mobile Two-Way Radios 16 New Portable Two-Way Radios 3 New Monitor Receivers 3 New Single Unit Battery Chargers 2 New 12 Unit Multiple Unit Chargers Purchase Price $36,354.00 12,892.00 657.00 150.00 640.00; for the sum of $50,693.00, less trade-in allowance of $15,208.00, for a total net purchase price of $35,485.00, cash, 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, Inc., the City's purchase order for the aforesaid new equipment, incorporating into said purchase order the City's aforesaid specifications, said bidder's proposal, guarantees and warranties, and the provisons 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 $35,485.00. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor 1 -22 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1976. No. 22707. 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: FINANCE - CITY COLLECTOR ~109 Salaries and Wages (1) ................. $161,784.00 CONTINGENCIES #898 Contingency Reserve (2) ................ 40,614.03 TRANSFER (1) Net increase- $2,485.00 (2) Net decrease 2,485.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1976. No. 22708. AN ORDINANCE to amend and reordain Section #898, "Contingencies," 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 #898, "Contingencies," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CONTINGENCIES #898 Contingency Reserve (1) .............. $43,099.03 (1) Net decrease $11,833.00 123 BE IT FURTHER ORDAINED tkat, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1976. No. 22709. 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: POLICE DEPARTMENT #345 Salaries and Wages (1) ............... $2,468,651.04 FIRE DEPARTMENT #347 Salaries and Wages (2) ............... 2,634,042.18 (1) Net decrease .......... $ 12,326.15 (2) Net decrease 101,978.32 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor $24 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1976. No. 22710. 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: REVENUE SHARING TRUST FUND (1) ................. $ -0- FIRE DEPARTMENT #347 Salaries and Wages (2) .................... 2,736,020.50 POLICE DEPARTMENT #345 Salaries and Wages (3) .................... 2,480,977.19 (1) Net decrease- $114,304.47 (2) Net increase 101,978.32 (3) Net increase 12,326.15 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1976. No. 22711. AN ORDINANCE~ authorizing the City's purchase from the City of Salem and the Town of Vinton of water distribution lines inside the City's corporate limits, upon certain terms and conditions, and providing for an emergency. WHEREAS, the Water Resources Committee has recommended in report dated February 9, 1976, that the City purchase certain water distribution lines in the City upon the terms and conditions hereinafter provided, in which recommenda- tion the Council concurs. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. 125 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be and are hereby authorized to purchase from the City of Salem all water distribution lines, excepting water trunk lines, owned by the City of Salem and within the present corporate limits of the City of Roanoke for the consideration of $40,000.00, upon agreement approved as to form by the City Attorney, which agreement will provide that the City of Roanoke will have a one year interim period to construct tie-ins and connecting lines to said water distribution lines; that pending completion of this construction,'~' the City of Roanoke will be permitted to read City of Salem meters connected to said lines and will be permitted to bill the customers served by said lines at City of Roanoke rates and that the revenues so collected by the City of Roanoke will be refunded to the City of Salem; that upon completion of this construction, the City of Roanoke will replace said City of Salem water meters with City of Roanoke meters and will return said Salem meters to the City of Salem; and that the City of Salem will continue to provide water service to that one location presently served by the City of Salem within the City of Roanoke which is too far removed from the City of Roanoke water system for the City of Roanoke to provide service. BE IT FURTHER ORDAINED that the proper City officials be and are hereby authorized to purchase from the Town of Vinton all water distribution lines owned by the Town of Vinton within the present corporate limits of the City of Roanoke for the consideration of $12,000.00 upon agreement approved as to form by the City Attorney, which agreement wil! provide for the City of Roanoke to replace Town of Vinton water meters connected to said lines with City of Roanoke meters with said Vinton meters to be returned to the Town of Vinton and that the City of Roanoke will be permitted to use a Town of Vinton water line to provide water to four locations in the Bali High Subdivision in the City of Roanoke with the appropriate credit to be provided to the Town of Vinton for the use of said water line. BE IT FURTHER ORDAINED, that the funds for the aforesaid purchases have been appropriated from the City's Water Fund 450-766 Account (New Water Lines, Meters and Hydrants). BE IT FINALLY ORDAINED that an emergency existing, this ordinance shall be in force upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1976. No. 22712. A RESOLUTION informing the Fifth Planning District Commission of certain positions of the City of Roanoke relative to Technical Alternatives and Management Alternatives to be developed by the 208 Areawide Wastewater Management Study. WHEREAS, the Water Resources Committee in a February 9, 1976, report recommended that this Council adopt a resolution informing the Fifth Planning District of certain positions of the City relative to Technical Alternatives and Management Alternatives to be developed by the 208 Areawide Wastewater Management Study. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Fifth Planning District Commission be informed of certain positions of the City of Roanoke relative to Technical Alternatives and Management System Alternatives to be developed by the 208 Areawide Wastewater Management Study, which positions are more fully set out as follows: (1) The City recommend~ that the five technological alternatives suggested in the preliminary 208 Study reports be ranked in the following order (a) Non-point Control (b) Reduce Water Quality Standards (c) Controlled Growth (d) Relocation of Discharge (e) Recycle/Reuse (f) Tertiary Treatment; that non-point control alternatives and methods be further developed by the 208 Study prior to the writing of the final draft of the 208 Study report, and further, that the City reserves the privilege of further expressing approval or disapproval of the non-point alternatives prior to the writing of said final draft. (2) The City recommends adoption of the Management Alternative, Multi-Jurisdictional Contracts, of the five Management Alternatives considered by the preliminary 208 Study report, that there be no change in the present contracts between local governments for sewage treatment, that other multi- jurisdictional contracts be explored by the 208 Study to establish an agency to meet the minimum requirements of Section 208 of Public Law 92-500, which are annual updates of the 208 Plan, planning and coordination for joint use facilities and to make recommendations to each local government for the implemen- tation of plans for solving future wastewater management problems, that membership in this agency would be based on the pro rata flow from participating jurisdictions to the City's Regional Sewage Treatment Plant, and that the City reserves the right to approve or disapprove any final recommendations on Management Alterna- tives that may be set forth in the final draft of the 208 Study report. of priorities: 12'7 BE IT FURTHER RESOLVED that the City Clerk be and she is hereby directed to transmit an attested copy of this resolution and a copy of the February 9, 1976 report of the Water Resources Committee to Mr. Charles L. Haeussler of the Fifth Planning District Commission. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1976. No. 22713. 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 em~ergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 9550, "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 9550 Trout Run Sanitary Sewer (1) ............ $960,185.00 Not previously appropriated (1) Net increase ........... $471,185.00 *$742,068.75 to be reimbursed from Federal and State funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor ,128 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1976. No. 22714. AN ORDINANCE accepting the proposal of Bryant's Plumbing and Heating Corporation, for construction of the Trout Run Interceptor Sewer Line - Project No. C-510-493-03, in accordance with the City's plans and specifications therefor, upon certain terms and conditions, and conditionally awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such construction upon receipt of approval thereof by the requisite State and Federal agencies; authorizing the City Manager to issue Change Order No. 1, to said contract upon the execution thereof; and providing for an emergency. WHEREAS, upon due and proper advertisement therefor, certain bids were received by the City for the construction hereinafter authorized and, upon opening before the Council at the regular meeting thereof on February 2, 1976, said bids were read and referred to a committee for tabulation and study, as a result of which the. proposal of Bryant's Plumbing and Heating Corporati to perform all of the work provided for in Project No. C-510-493-03 as offered to all bidders was determined to represent the lowest and best bid made to the City for all such work, said proposal being for the lump sum of $888,185.00; and WHEREAS, the committee appointed for the purpose, by report dated January 9, 1976, has recommended that the proposal of Bryant's Plumbing and Heating Corporation, for said work be accepted in the amount of $888,185.00 for the work and a contract therefor be conditionally awarded subject to the requisite approvals and that the City Manager be authorized upon final award and execution of such contract to issue Change Order No. 1 in the amount of $7,971.66, in order to provide for the installation of asbestos cement pipe in lieu of concrete pipe offered to be provided in the proposal recommended to be accepted, in which recommendation the City Manager concurs; and WHEREAS, there has heretofore been or is being herewith appropriated for the purpose a sum sufficient for the payment of the contract price hereinafter provided; 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. That the proposal of Bryant's Plumbing and Heating Corporation, dated February 2, 1976, made to the City for the construction of the Trout Run Interceptor Sewer Line - Project No. C-510-493-03, in accordance with the City's plans and specifications therefor, pursuant to invitation to bid offered Dn, to bidders for said work, for a lump sum of $888,185.00, which proposal is on file in the office of the City Clerk, be, upon the City's receipt of the formal approvals set out in paragraph 2., infra, ACCEPTED; the cost whereof shall be paid out of funds which have been or are being appropriated by the Council for said improvements; and 2. That, upon the City's receipt of approval by the requisite State and Federal agencies of the aforesaid proposal and of the City's award of a contract thereon, the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City to execute and to seal and attest, respectively, the requisite written contract with Bryant's Plumbing and Heating Corporation, based on its lump sum bid aforesaid, the terms of which contract shall be as set out in this ordinance, the invitation to bid, said proposal and in the contract documents proposed to be executed; and 3. That the City Manager be, and he is hereby authorized and directed to execute and issue Change Order No. 1 in the amount of $7,971.66 in order to provide for the installation of asbestos cement pipe in lieu of concrete pipe offered to be provided by the proposal herein authorized to be accepted upon final award and execution of the contract herein conditionally awarded; and 4. That the bid deposits of all other bidders to the City for the award of the aforesaid contract be held by the City, in accordance with instruction given such bidders, for a period of sixty-one (61) days following the date of the bid opening or until execution of contract documents by the low bidder hereinabove named, whichever shall first occur. BE IT FURTHER ORDAINED that the City Manager be and he is hereby directed to transmit copies of this ordinance to the State Water Control Board and to the Environmental Protection Agency. 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 9th day of February, 1976. No. 22715. A RESOLUTION approving employment of two (2) additional deputies in the office of the Sheriff of the City of Roanoke, which deputies are needed because of the added workload due to annexation; provided that the appropriate compensation for such positions is approved by the Compensation Board of the Commonwealth of Virginia. WHEREAS, by communication of the Sheriff of the City of Roanoke dated January 27, 1976, to this Council, this body was advised of the Sheriff's real need to hire two additional deputies because of the added workload due to annexatio in which proposal this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body approves the employment and appointment by the Sheriff of the City of Roanoke of two (2) persons as additional deputies in the office of said Sheriff, which deputies are needed because of the added workload due to annexation; provided that the appropriate compensation for such positions is approved by the Compensation Board of the Commonwealth of Virginia, and that said Compensation Board be advised of such approval by the City Clerk's transmittal of an attested copy of this resolution to said Compensation Board. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1976. No. 22698. AN ORDINANCE rearranging and establishing boundaries of the City's voting precincts and designating the polling places in each of the same, by amending Title IV, Elections, of the Code of the City of Roanoke, 1956, as amend- ed, so as to repeal Chapter 2.1, Precincts and Voting Places in its entirety, and enacting in the place thereof a new chapter, numbered Chapter 2.2., Precincts and Voting Places; providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, as the result of the May 10, 1975 annexation to the City of approximately 16 square miles of new territory, effective December 31, 1975, which annexation order was submitted to the Department of Justice September 25, 1975, and by letter given November 24, 1975, was not disapproved, it is necessary under the law that said new territory be precincted for voting in the May 1976 councilmanic elections and thereafter, and the Electoral Board, viewing the new and old areas and studying the matter, has proposed to the Council an arrangem~ of thirty-two precincts for the entire city, so as to equalize the number of voters in each precinct as nearly as possible and to provide in each precinct a convenient voting place; and WHEREAS, as required by law and in order to obtain the views of the citizens of the City in matters affecting their exercise of the voting franchise, a public hearing was held on February 9, 1976, at the regularly scheduled meeting of the City Council after publication of due notice, on the establishment of several new precincts and voting places and rearrangement of the boundaries of certain other existing precincts, as provided by this ordinance, at which hearing all citizens wishing to be heard were afforded full opportunity to express their views on all such proposals, no change being proposed made in twenty-one of the voting precincts of the City; and WHEREAS, all elections to local State and Federal offices held in the City have for many years and are still conducted on an at-large basis, thereby giving to each vote cast equal weight to every other vote in every such election; and WHEREAS, in consideration of all of which and in order to secure and promote the general welfare of the citizens of the City and to better and more conveniently enable said citizens to exercise their right to vote, the City Council concurs in the recommendations of the Electoral Board and deems it both necessary and expedient to provide for a rearrangement of the voting precincts and voting places in the City; and WHEREAS, an emergency existing, 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 IV, Elections, of the Code of the City of Roanoke, 1956, as amended, be and it is hereby amended by repealing Chapter 2.1, Precincts and Voting Places, and enacting in the place thereof a new chapter to be numbered Chapter 2.2., Precincts and Voting Places, to read and provide as follows: Sec. 1. Establishment of election districts and voting precincts. The territory embraced within the corporate limits of the city shall be, and is, divided into election districts, and voting pre- cincts shall be established in each of said districts, as set out in the following sections. Sec. 2. Highland Precinct No. 1. Beginning at the intersection of Elm Avenue, S. W., and Interstate Route No. 581; thence, with the center of Elm Avenue, S. W., to Franklin Road; thence, with the center of Franklin Road to Marshall Avenue, S. W. thence, with the center of Marshall Avenue to Tenth Street, S. W.; thence, with the center of Tenth Street, S. W., to the Roanoke River; thence up Roanoke River as it meanders to the west corporate line; thence, with the Norfolk and Western Railway southern right-of-way line to Interstate Route No. 581; thence, with the center of Interstate Route No. 581 to the point of beginning. :nt 132 Sec. 3. Voting place in Highland Precinct No. 1. The voting place in Highland Precinct No. 1 shall be, and the same is established at No. 550 on the south side of Campbell Avenue, S. W., between 5th Street, S. W., and 6th Street, S. W. Sec. 4. Highland Precinct No. 2. Beginning at the intersection of Franklin Road and Marshall Avenue, S. W.; thence, with the center of Franklin Road to Elm Avenue, S. W.; thence, with the center of Elm Avenue, S. W., to Williamson Road; thence, with the center of Williamson Road to Albemarle Avenue, S. E.; thence, with the center of Albemarle Avenue, S. E., west to the center of Third Street, S. W.; thence, with the center of Third Street, south to the center of Albemarle Avenue, S. W.; thence, with the center of Albemarle Avenue, S. W., west to Franklin Road; thence, with the center of Franklin Road to Maple Avenue, S. W.; thence, still with the center of Franklin Road to Roanoke River; thence, up Roanoke River as it meanders to Tenth Street, S. W., extended; thence, with the center of Tenth Street, S. W., to Marshall Avenue, S. W.; thence, with the center of Marshall Avenue, S. W., to the beginning. Sec. 5. The voting place in Highland Precinct No. 2. The voting place in Highland Precinct No. 2 shall be, and the same is, established at the Highland Park Elementary School located on the east side of Fifth Street, S. W., between Albemarle Avenue, S. W., and Walnut Avenue, S. W. Sec. 6. Jefferson Precinct No. 1. Beginning at the intersection of Elm Avenue, S. E., and Interstate Route No. 581; thence, with the center of Interstate Route No. 581 to the Norfolk and Western Railway right-of-way {Norfolk Division); thence, with the Norfolk and Western Railway right-of-way to Tinker Creek, the east corporation line; thence, down Tinker Creek as it meanders to the north right-of-way line of the Norfolk and Western Railway, the old south corporation line; thence, with the Norfolk and Western Railway right-of-way line to Tayloe Avenue, S. E.; thence, with the center of Tayloe Avenue, S. E., to Eleventh Street, S. E.; thence, with the center of Eleventh Street, S. E., to Highland Avenue, S. E.; thence, with the center of Highland Avenue, S. E., to Seventh Street, S. E.; thence, with the center of Seventh Street, S. E., to Albemarle Avenue, S. E.; thence, with the center of Albemarle Avenue, S. E., to Williamson Road; thence, with the center of Williamson Road to Elm Avenue, S. E.; thence, with the center of Elm Avenue, S. E., east to Interstate Route No. 581, the point of beginning. Sec. 7. Voting place in Jefferson Precinct No. 1. The voting place of Jefferson Precinct No. 1 shall be, and the same is established at the Fallon Park Elementary School, located on the east side of 19th Street, S. E., in Fallon Park, in said precinct. Sec. 8. Jefferson-Riverdale Precinct. Beginning at the intersection of Williamson Road and Albemarle Avenue, S. E.; thence, with the center of Albemarle Avenue, S. E., to Seventh Street, S. E.; thence, with the center of Seventh Street, S. E., to Highland Avenue, S. E.; thence, with the center of Highland Avenue, S. E., to Eleventh Street, S. E.; thence, south with the center of Eleven Street, S. E.; to Tayloe Avenue, S. E.; thence, with the center of Tayloe Avenue, S. E., to the Norfolk and Western Railway right-of-way; thence, with the Norfolk and Western Railway right-of-way to the present corporation line; thence, in a southerly direction with the present corporation line to Mount Pleasant Boulevard; thence, with the center of Mount Pleasant Boulevard to its intersection with Bennington Street and Riverland Road; thence, with the center of Riverland Road to the old (1943) east corporation line; thence, with the old (1943) east corporation line to Roanoke River; thence, up Roanoke River to the Walnut Avenue Bridge; thence, with the centerline of the Walnut Avenue Bridge to Williamson Road; thence, with the center of Williamson Road to Albemarle Avenue, S. E.,'the place of beginning. Sec. 9. Voting place in Jefferson-Riverdale Precinct. The voting place in Jefferson-Riverdale Precinct shall be, and the same is established at the Buena Vista Recreation Center, located in Jackson Park, in said precinct. Sec. 10. Jefferson Precinct No. 2. Beginning at the intersection of Albemarle Avenue, S. E., and Williamson Road; thence, with the center of Williamson Road to the centerline of the Walnut Avenue Bridge; thence, with the centerline of the Walnut Avenue Bridge to Roanoke River; thence, down Roanoke :h 133 River as it meanders to the old (1943) east corporation line; thence, with the old (1943) east corporation line to the Mill Mountain Parkway Spur; thence, with the centerline of the Mill Mountain Parkway Spur to the former incline railway line extended up Mill Mountain; thence, with same to South Jefferson Street; thence, with the center of South Jefferson Street to Roanoke River; thence, up Roanoke River to the Norfolk and Western Railway southern right-of-way line; thence, with the Norfolk and Western Railway southern right-of-way line to Rosalind Avenue, S. W.; thence, with the center of Rosalind Avenue, S. W., to Twenty-fifth Street, S. W.; thence with the center of Twenty-fifth Street, S. W., to Stephenson Avenue, S. W.; thence, with the center of Stephenson Avenue, S. W., to Broadway Avenue, S. W.; thence, with the center of Broadway Avenue, S. W., crossing Franklin Road, and still with the center of Broadway Avenue, S. W., to the Norfolk and Western Railway right-of-way line; thence, with the Norfolk and Western Railway right-of-way line north to Franklin Road, S. W.; thence, with the center of Franklin Road, S. W., to Albemarle Avenue, S. W.; thence, with the center of Albemarle Avenue, S. W., to Third Street, S. W.; thence, with the center of Third Street, S. W., to Albemarle Avenue, S. W., to the beginning. Sec. 11. Voting place in Jefferson Precinct No. 2. The voting place in Jefferson Precinct No. 2 shall be, and the same is established at the National Guard Armory Building on the south side of Reserve Avenue, S. W., between Jefferson Street and Franklin Road, S.W. . Sec. 12. Tinker Precinct. Beginning at a point where Read Road, N. E., crosses the Norfolk and Western Railway right-of-way (Shenandoah Valley Division); thence, with the center of Read Road to Old Mountain Road; thence, with the center of Old Mountain Road to Tinker Creek; thence, down Tinker Creek to the unnamed, intermittent stream through Blue Hills Golf Course; thence, up said stream to the new corporation line; thence, in a southeast erly direction with the new corporation line to tke Norfolk and Western Railway right-of-way ~orfolk Division~; thence, witk tke Norfolk and Western Railway right-of-way (Norfolk Division) west to tke Norfolk and Western Railway right-of-way (Shenandoah Valley Division)~ thence, with the Norfolk and Western Railway right-of-way (Shenandoah Valley Division) to Read Road, N. E., the place of beginning. Sec. 13. Voting place in Tinker Precinct. The voting place in Tinker Precinct shall be, and the same is, established at the Thrasher Park Recreation Center located on the westerly side of Vinton Mill Road, N. E. Sec. 14. Williamson Road Precinct No. 1. Beginning at a point on the Norfolk and Western Railway right- of-way (Shenandoah Valley Division) at Read Road, N. E.; thence, south with said railway right-of-way to Indiana Avenue, N. E.; thence, west with the center of Indiana Avenue, N. E., to a point in the old corporate line; thence, with same to Pochontas Avenue, N. E.; thence, west with the center of Pocahontas Avenue, N. E., to Willia~son Road; thence, northwest with the center of Williamson Road to the intersection of Huntington Boulevard, N. E.; thence, northeast with the center of Huntington Boulevard, N. E., to Read Road, N. E.; thence, with the center of Read Road, N. E., to the Norfolk and Western Railway right- of-way, the place of beginning. Sec. 15. Voting place in Williamson Road Precinct No. 1. The voting place in Williamson Road Precinct No. 1 shall be, and the same is, established at the Oakland School. Sec. 16. Williamson Road Precinct No. 2. Beginning at the intersection of Williamson Road and Preston Avenue, N. W.; thence, east with the center of Preston Avenue to Winsloe Drive, N. W.; thence, north with the center of Winsloe Drive to Frontier Road, N. W.; thence, east with the center of Frontier Road to Oliver Road, N. E.; thence, south with the center of Oliver Road to Huntington Boulevard, N. E.; thence, in a southwesterly direction with the center of Huntington Boulevard to Williamson Road; thence, in a northwesterly direction with the center of Williamson Road to Preston Avenue, N. W., the place of beginning. Sec. 17. Voting place in Williamson Road Precinct No. 2. The voting place in Williamson Road Precinct No. 2 shall be, and the same is, established at Preston Park Recreation Center. Sec. 18. Williamson Road Precinct No. 3. Beginning at a point on Williamson Road at the southeast corner ~of the Lukens property; thence, in a westerly direction with the south 134; line of the Lukens property to an alley which runs along the south side of said property; thence, with said alley in a westerly directon to an alley which runs north and south between Dunbar and Lukens Street; thence, with said alley in a northerly direction to Liberty Road; thence, with the center of Liberty Road in a southwesterly direction to a point east of Page Avenue, N. W.; thence, in a northwesterly direction through unplatted land to Page Avenue, N. W.; thence, south to a point on Lick Run; thence, with Lick Run, as it meanders, to Tenth Street, N. W., and Syracuse Avenue, N. W.; thence, in a northeasterly direction along the center of Tenth Street, N. W., to Williamson Road, N. W.; thence, south with the center of Williamson Road, N. W., to the southeastern corner of the Lukens property, the place of beginning. Sec. 19. Voting Place in Williamson Road Precinct No. 3. The voting place in Williamson Road Precinct No. 3 shall be, and the same is, established at Fire Station No. 2 located on the west side of Courtland Road at Noble Avenue. Sec. 20. Williamson Road Precinct No. 4. Beginning at the intersection of Tenth Street, N. W., and Lick Run; thence, along Lick Run to Norris Drive, N. W., extended; thence, in a northeasterly direction with the center of Norris Drive, N. W., extended, to Interstate Route No. 581; thence, with the center of Intersta Route No. 581 to the northwest corner of the Watts Farm, extended; thence, with the lines of the present Watts Farm to a point in Avalon Avenue, N. W.; thence, with the center of Avalon Avenue, N. W., to the rear lot line of Lot 1, Block H, Round Hill Terrace Subdivision; thence, with said line in a southeasterly direction crossing Broad Street, N. W., to the rear corner of Lot 1, Block G, Round Hill Terrace Subdivision; said corner being in line of Clarendon Avenue, N. W., extended; thence, east with this line and the center of Clarendon Avenue, to Williamson Road; thence, south with the center of Williamson Road to Tenth Street, N. W.; thence, southwest with the center of Tenth Street, N. W., to Lick Run, the place of beginning. Sec. 21. Voting place in Williamson Road Precinct No. 4. The voting place in.Williamson Road Precinct No. 4 shall be, and the s~'L~e is, established at the Round Hill Elementary School located at 2020 Oakland Boulevard, N. W. Sec. 22. Williamson Road Precinct No. 5. Beginning at the intersection of Interstate Route No. 581 and Peters Creek Road, N. W.; thence, with the new corporation line in a northeasterly direction to the intersection of Nelms Lane, N. W., and Airport Road, N. W.; thence, with the center of Airport Road to Williamson Road; thence, with the center of Williamson Road to Clarendon Avenue, N. W.; thence, with the center of Clarendon Avenue, N. W., extended to a point being to the rear corner of Lot 1, Block G, Round Hill Terrace Subdivision; thence, in a northwesterly direction crossing Broad Street to the rear lot line of Lot 1, Block H, Round Hill Terrace Subdivision; thence, with a line to the center of Avalon Avenue, N. W.; thence, with the center of Avalon Avenue, N. W., to a point in Avalon Avenue, N. W., at the Watts Farm; thence, with the lines of the Watts Farm to Interstate Route No. 581; thence, with Interstate Route No. 581 to Peters Creek Road, the point of beginning. Sec. 23. Voting place in Williamson Road Precinct No. 5. The voting place in Williamson Road Precinct No. 5 shall be, and the same is, established in Huff Lane Elementary School, located west of Huff Lane, N. W. Sec. 24. Williamson Road Precinct No. 6. Beginning at Preston Avenue, N. W., and Williemson Road; thence, northwest with the center of Williamson Road to Hershberger Road, N. W., where Virginia Route No. 118 intersects; thence, north along Virginia Route No. 118 to the new city limits; thence, east with the new city limits to Florist Road, N. W.; thence, south with Florist Road, N. W., to Hershberger Road, N. W.; thence, east with Hershberger Road, to Carvins Creek; thence, along Carvins Creek to where it meets Oliver Road, N. E., extended; thence, south with the center of Oliver Road, N. E., to the intersection of Frontier Road, N. E.; thence, west with the center of Frontier Road to the intersection of Winsloe Drive, N. W.; thence, with the center of Winsloe Drive, N. W., south to the intersec· of Preston Avenue, N. W.; thence, west with the center of Preston Avenue, N. W., to the intersection of Williamson Road, the place of beginning. Sec. 25. Voting place in Williamson Road Precinct No. 6. The voting place in Williamson Road Precinct No. 6 shall be, and the same is, established at the Preston Park Elementary School. ;e ion 1351 Sec. 26. Lincoln Terrace Precinct. Beginning at the intersection of Second Street, N. W., and the Norfolk and Western Railway right-of-way; thence, with the Norfolk and Western Railway right-of-way following the north line of the Railway property and in a northeasterly direction following the Shenandoah Valley Division of said Railway to Indiana Avenue, N. E.; thence, with Indiana Avenue, N. E., to the old corporation line; thence, with the old corporation line to Pocahontas Avenue, N. E.; thence, west with the center of Pocahontas Avenue, N. E., to Williamson Road and the southern line of the Lukens property; thence, along the line of the Lukens property to an alley which runs along the south end of said property; thence, with said alley in a westerly direction to an alley which runs north and south between Dunbar and Lukens Streets; thence, with said alley in a northerly direction to Liberty Road; thence, with the center of Liberty Road in a southwesterly direction to a point east of Page Avenue, N. W.; thence, in a northwesterly direction through unplatted land to a point on Page Avenue; thence, in a southerly direc- tion, passing through the east end of Page Avenue to a point on Lick Run; thence, in a northwesterly direction on Lick Run as it meanders to Twelfth Street, N. W.; thence, south with the center of Twelfth Street, N. W., to the intersection of Twelfth Street, N. W., and Orange Avenue, N. W.; thence, east with the center of Orange Avenue, N. W., to the intersection of Orange Avenue, N. W., and Fifth Street, N. W.; thence, south with the center of Fifth Street, N. W., to Harrison Avenue, N. W.; thence, east with the center of Harrison Avenue, N. W., to Third Street, N. W.; thence, south with the center of Third Street, N. W., to Centre Avenue, N. W.; thence, following the centerline of Centre Avenue, N. W., east to Second Street, N. W., and the Norfolk and Western Railway right-of-way and the place of beginning. Sec. 27. Voting place in Lincoln Terrace Precinct. The voting place in Lincoln Terrace Precinct shall be, and the same is established at the Lincoln Terrace Elementary School. Sec. 28. Monterey Precinct. Beginning at the intersection of Oliver Road, N. E., extended to Carvins Creek at the City limits; thence, in an easterly direction with the new corporation line to the unnamed, intermittent stream through Blue Hills Golf Course; thence, down said stream to Tinker Creek; thence, up Tinker Creek to Old Mountain Road, N. E.; thence, with the center of Old Mountain Road to Read Road, N. E.; thence, with the center of Read Road, N. E., to Huntington Boulevard, N. E.; thence, west with the center of Huntington Boulevard to Oliver Road, N. E.; thence, north with the center of Oliver Road, extended to Carvins Creek at the City limits, the point of beginning. Sec. 29. Voting place in Monterey Precinct. The voting place in Monterey Precinct shall be, and the same is established at the Monterey Elementary School located at 4501 Oliver Road, N. E. Sec. 30. Peters Creek Precinct. Beginning at the intersection of Interstate Route No. 581 and Hershberger Road; thence, with the center of Hershberger Road to Peters Creek; thence, with Peters Creek in a southerly direction to Melrose Avenue, N. W.; thence, in a westerly direction with the center of Melrose Avenue to the new corporation line; thence, with the new corporation line in a northeasterly direction to the intersection of Peters Creek Road and Interstate Route No. 581; thence, in a southeasterly direction with Interstate Route No. 581 to Hershberger Road, the place of beginning. Sec. 31. Voting place in Peters Creek Precinct. The voting place in Peters Creek Precinct shall be, and the same is established at the Ruffner Junior High School, located at 3610 Fernclif~ Avenue, N. W. Sec. 32. Melrose Precinct. Beginning at the intersection of the Norfolk and Western Railway right-of-way and Second Street, N. W.; thence, with the Norfolk and Western Railway right-of-way to Twenty-second Street, N. W.; thence, with the center of Twenty-second Street, N. W., to Moorman Road, N. W.; thence, with the center of Moorman Road, N. W., east to Twenty- second Street, N. W.; thence, with the center of Twenty-second Street, N. W., to Orange Avenue, N. W.; thence, with the center of Orange Avenue, N. W., to the intersection of Fifth Street, N. W.; thence, south with the center of Fifth Street, N. W., to Harrison Avenue, N. W.; thence, east with the center of Harrison Avenue, N. W., to Third Street, N. W.; thence, south with the center of Third Street, N. W., to Centre Avenue, N. W.; thence, east with the center of Centre Avenue, N. W., to Second Street, N. W., and the Norfolk and Western Railway right- of-way and the place of beginning. 136 Sec. 33. Voting place in Melrose Precinct. The voting place in Melrose Precinct shall be, and the same is, established at the No. 5 Fire Station located on the east side of Twelfth Street, N. W., between Centre Avenue, N. W., and Loudon Avenue, N. W. Sec. 34. Eureka Park Precinct. Beginning at a point at the intersection of Orange Avenue and Twelfth Street, N. W.; thence, with the center of Orange Avenue in a westerly direction to Twenty-second Street, N. W.; to Cove Road; thence, with the center of Cove Road in a northerly direction to the southeast corner of Fairland Subdivision; thence, with a line in an easterly direction with the south line of said subdivision to the Huff line; thence, in a northerly direction on a line between said Fairland Subdivision and Huff line extended to Interstate Route No. 581; thence, with Interstate Route No. 581 to the end of Norris Drive, extended; thence, with the center of Norris Drive, extended to Lick Run; thence, with Lick Run in a southeasterly direction to its intersection with Twelfth Street, N. W.; thence, with the center of Twelfth Street, N. W., in a southerly direction to Orange Avenue, N. W., and the place of beginning. Sec. 35. Voting place in Eureka Park Precinct. The voting place in Eureka Park Precinct shall be, and the same is, established at the Northwest Elementary School, located on the north side of Carroll Avenue, N. W., between Nineteenth Street, N. W., and Twentieth Street, N. W. Sec. 36. Villa Heights Precinct. Beginning at the intersection of Interstate Route No. 581 and Hershberger Road; thence, with the center of Interstate Route No. 581 to the intersection of the Huff line, extended; thence, in a southerly direction with Huff line, extended to the southeast corner of Fairland Lake Subdivision; thence, with the Fairland Lake Subdivision line to Cove Road; thence, in a southerly direction with the center of Cove Road to Twenty-second Street, N. W.; thence, with the center of T~ent~- second Street, N. W., to Moorman Avenue, N. W.; thence, west witk the center of Moorman Avenue, N. W., to 'l~enty-second Street, N. W.; thence with the center of Twenty-second Street, N. W., extended to the south right-of-way line of the Norfolk and Western Railway; thence, in a southwesterly direction with the south right-of-way line of the Norfolk and Western Railway to the old (1943) corporation line; thence, in a northerly direction with the old (1943) corporation line to Melrose Avenue, N. W.; thence, with the center line of Melrose Avenue, N. W., east to Forest Park Boulevard, N. W.; thence, north with the centerline of Forest Park Boulevard, N. W., to Guildhall Avenue, N. W.; thence, with the center of Guildhall Avenue, N. W., to Cove Road; thence, with the center of Cove Road, N. W., to Hershberger Road, N. W.; thence, with the center of Hershberger Road to Interstate Route No. 581, the point of beginning. Sec. 37. Voting place in Villa Heights Precinct. The voting place in Villa Heights Precinct shall be, and the same is, established at Fire Station No. 9 located on 24th Street at Melrose Avenue, N. W. Sec. 38. Washington Heights Precinct. Beginning at the intersection of Melrose Avenue, N. W., and the new corporation line; thence, with the center of Melrose Avenue, N. W., to Old Country Club Road; thence, in a southerly direction with the old (1943) corporation line to Roanoke River; thence, up Roanoke River to the new corporation line (being the same line as Salem City Limits); thence, in a northerly direction with the new corporation line to Melrose Avenue, the place of beginning. Sec. 39. Voting place in Washington Heights Precinct. The voting place in Washington Heights Precinct shall be, and the same is, established at the Fairview Elementary School located at 648 Westwood Boulevard, N. W. Sec. 40. Westside Precinct. Beginning at the intersection of Cove and Hershberger Roads, N. W.; thence, with Hershberger Road and the city line in a westerly direc- tion to Peters Creek; thence, in a southerly direction with Peters Creek and the city line to Melrose Avenue, N. W.; thence, with the center of Melrose Avenue, N. W., in an easterly direction to Forest Park Boulevard, N. W.; thence, in a northwesterly direction with the center of Forest Park Boulevard to Guildhall Avenue, N. W.; thence, in a northeasterly direction with the center of Guildhall Avenue, N. W., to Cove Road; thence, in a northwesterly direction with the center of Cove Road, N. W., to the intersection of Hershberger Road, the place of beginning. Sec. 41. Voting place in Westside Precinct. The voting place in Westside Precinct shall be, and the same is, established at the Westside Elementary School, located at 1441 Westside Boulevard, N. W. Sec. 42. Raleigh Court Precinct No. 1. Beginning at the intersection of Memorial Avenue, S. W., and Roanoke River; thence, up Roanoke River, as it meanders to the old west corporate line; thence, continuing up Roanoke River on the west bank thereof to a point west of Memorial Avenue; thence, east with the center of Memorial Avenue, S. W., to the intersection of Winborne Avenue, S. W.; thence, with the center of Winborne Avenue, S. W., to the northern property line of Evergreen Cemetery; thence, with same property line of Evergreen Cemetery to the east line of the Roanoke Apartments property line; thence, with same northerly to the Roanoke River; thence, up Roanoke River as it meanders to Memorial Avenue, S. W., the place of beginning. Sec. 43. Voting place in Raleigh Court Precinct No. 1. The voting place in Raleigh Court Precinct No. 1 shall be, and the same is, established at the Virginia Heights School, located on the east side of Amherst Street between Denniston Avenue and Memorial Avenue, S. W. Sec. 44. Raleigh Court Precinct No. 2. Beginning at the intersection of Carter Road, S. W., and Yorker Drive, S. W.; thence, with the center of Yorker Drive westerly to York Road; thence, with the center of York Road northerly to Avenel Avenue; thence, westerly with the center of Avenel Avenue extended to the old corporate line; thence, following the old corporate line in a northerly direction to Memorial Avenue; thence, easterly with the center of Memorial Avenue to Dudding Street; thence, southerly with the center of Dudding Street to the intersection of Skerwood Avenue and Carter Road; thence, southerly with the center of Carter Road to Yorker Drive, the place of beginning. Sec. 45. Voting place in Raleigh Court Precinct No. 2. The voting place in Raleigh Court Precinct No. 2 shall be, and the same is, established at Woodrow Wilson School, located at 1813 Carter Road, S. W. Sec. 46. Raleigh Court Precinct No. 3. Beginning at the intersection of Grandin Road and Avenel Avenue, S. W.; thence, in a northwesterly direction with the center of Avenel Avenue, S. W., to Carter Road, S. W.; thence, north with the center of Carter Road, S. W., to Dudding Street, S. W.; thence, with the center of Dudding Street, S. W., to the intersection of Memorial Avenue, S. W.; thence, with the center of Memorial Avenue, S. W., to the intersection of Winborne Avenue, S. W.; thence, with the center of Winborne Avenue, S. W., to the intersection of Windsor Avenue, S. W.; thence, with the center of Windsor Avenue, S. W., in a westerly direction to the inter- section of Greenwood Road, S. W.; thence, with the center of Greenwood Road, S. W., to the intersection of Brandon Avenue, S. W.; thence, with the center of Brandon Avenue, S. W., to the intersection of Blenheim Road, S. W.; thence, with the center of Blenheim Road, S. W., southerly to Avenel Avenue, S. W., extended; thence, westerly on Avenel Avenue, S. W., extended to Grandin Road, S. W., the place of beginning. Sec. 47. Voting place in Raleigh Court Precinct No. 3. The voting place in Raleigh Court Precinct No. 3 shall be, and the same is, established at Patrick Henry High School, located at 2102 Grandin Road, S. W. Sec. 48. Raleigh Court Precinct No. 4. Beginning at the intersection of Grandin Road and Avenel Avenue, S. W.; thence, easterly with the center of Avenel Avenue extended to Blenheim Road; thence, southerly with the center of Blenheim Road extended to the southwesterly property line of Shrine Hill Park; thence, with said property line, in a northwesterly direction to Montvale Road; thence, southwesterly with the center of Montvale Road, S. W., to the corporate line; thence, northerly with the corporate line to Grandin Road, S. W., and the old corporate line; thence, northerly with the old corporate line to Avenel Avenue, extended; thence, easterly with the center of Avenel Avenue to York Road, S. W.; thence, southerly with the center of York Road, S. W., to Yorker Drive, S. W.; thence, easterly with the center of Yorker Drive, S. W., to Carter Road; thence, northerly with the center of Carter Road tQ Avenel Avenue; thence, easterly with the center of Avenel Avenue to Grandin Road, the place of beginning. Sec. 49. Voting place in Raleigh Court Precinct No. 4. The voting place in Raleigh Court Precinct No. 4 shall be, and the same is, established at the Raleigh Court Elementary School, located at 2202 Grandin Road, S. W. Sec. 50. Raleigh Court Precinct No. 5. Beginning at the intersection of Brandon Avenue and Brighton Road, S. W.; thence, westerly with the center of Brandon Avenue to Murray Run; thence, up Murray Run as it meanders to Brambleton Avenue; thence, westerly with the center of Brambleton Avenue to the southwesterly property line of Shenandoah Life Insurance Company; thence, northwesterly with said southwesterly property line of Shenandoah Life Insurance Company and Shrine Hill Park to Blenheim Road extended; thence, northerly with the center of Blenheim Road to Brandon Avenue; thence, westerly with the center of Brandon Avenue to Greenwood Road; thence, northerly with the center of Greenwood Road to Windsor Avenue; thence, easterly with the center of Windsor Avenue to Winborne Street; thence, north with the center of Winborne Street to the north line of Evergreen Cemetery; thence, easterly with the north line of Evergreen Cemetery to the east line of Evergreen Cemetery; thence, southerly with said east line of Evergreen Cemetery to Brighton Road; thence, south with the center of Brighton Road to Brandon Avenue, the place of beginning. Sec. 51. Voting place in Raleigh Court Precinct No. 5. The voting place in Raleigh Court Precinct No. 5 shall be, and the same is, established at the Wasena Elementary School, located at 1125 Sherwood Avenue, S. W. Sec. 52. Wasena Precinct. Beginning at the intersection of Brandon Avenue and Brighton Road, S. W.; thence, with the center of Brighton Road in a northerly direction to the southeast corner of the Evergreen Cemetery property; thence, with the east line of said cemetery property and the east line of Roanoke Apartments property, extended, to Roanoke River; tkence, down Roanoke River, as it meanders to the mouth of Murray Run; thence, up Murray Run to Brandon Avenue, S. W.; thence, west with the center of Brandon Avenue, S. W., to Brighton Road, S. W., the place of beginning. Sec. 53. Voting place in Wasena Precinct. The voting place in Wasena Precinct shall be, and the same is, established at the Entrance Building of the Transportation Museum located on the south side of Wiley Drive, in the east end of Wasena Park, east of the Wasena Bridge and north of Winchester Avenue, S. W., the main approach to said voting place being by way of Winona Avenue, S. W., east off of Main Street, S. W. Sec. 54. Fishburn Park Precinct. Beginning at the intersection of the Norfolk and Western Railway, Winston-Salem Division right-of-way and Roanoke River; thence, up Roanoke River as it meanders to the mouth of Murray Run; thence, up Murray Run to Brandon Avenue, S. W.; thence, west with the center of Brandon Avenue, S. W., to a point of intersection with Murray Run east of Mount Vernon Road, S. W.; thence, south with Murray Run as it meanders to the north line of Bent Mountain Road; thence, with the north line of the Bent Mountain Road in a southwesterly direction to a point where the west line of Jefferson Hills Golf Course meets the Bent Mountain Road; thence, in a southwesterly direction with the west line of such golf course, being a portion of the corporate limits of the city, to the west line of Ogden Road; thence, continuing along the corporate limits, in a southerly and southeasterly direction to the point where the corporate limits intersect with the right-of-way of the Norfolk and Western Railway Company, Winston-Salem Division; thence, along such right-of-way in a northeasterly direction to the place of beginning. Sec. 55. Voting place in Fishburn Park Precinct. The voting place in Fishburn Park Precinct shall be, and the same is, established at the Fishburn Park Elementary School, located at 3057 Colonial Avenue, S. W. Sec. 56. Grandin Court Precinct. Beginning at the intersection of Brambleton Avenue, S. W., and U.S. Route No. 221 and Murray Run; thence, southwest with the center of Brambleton Avenue, S. W., to Montgomery Avenue, S. W.; thence, northwest along the boundary of the Shenandoah Life Insurance Company property and the Shrine Hill property to Montvale Road, S. W.; thence, in a southwesterly direction with the center of Montvale Road, S. W., to the corporate line; thence, with the corporate line to a point where the Bent Mountain Road is intersected by the west line of Jefferson Hills Golf Course; thence, leaving the corporate line, in a northerly direction along the Bent Mountain Road to a point where Murray Run crosses Bent Mountain Road; thence, down Murray Run as it meanders to U.S. Route No. 221 at the intersection of Brambleton Avenue, S. W., and Murray Run, the place of beginning. Sec. 57. Voting place in Grandin Court Precinct. The voting place in Grandin Court Precinct shall be, and the same is, established at the Grandin Court Elementary School, located at 2815 Spessard Road, S. W. Sec. 58. South Roanoke Precinct No. 1. Beginning at the intersection of South Jefferson Street and Roanoke River; thence, south with the center of South Jefferson Street to a point; thence, east with the line of the former incline railway up Mill Mountain, extended, to the center of the Mill Mountain Parkway Spur; thence, with the center of the Mill Mountain Parkway Spur to the old (1943) corporate line; thence, with the corporate line southwest to a point at the end of Roy Drive; thence, with a line approximately 700 feet up the old (1943) corporate line and leaving said old corporate line parallel and 220 feet west of Peakwood Drive, S. W.; thence, with said 220-foot parallel line west of Peakwood Drive, S. W., to Somerset Avenue, S. W.; thence, with the center of Somerset Avenue, S. W., in a northerly direction to its end; thence, with a line in a northerly direction with the lines of Prospect Hills subdivision to Cassell Lane, S. W.; thence, with the center of Cassell Lane, S. W., easterly to Rosalind Avenue, S. W.; thence, north with the center of Rosalind Avenue, S. W., to the Norfolk and Western Railway, Winston-Salem Division right- of-way; thence, with the same to Roanoke River and thence, with Roanoke River to the intersection with South Jefferson Street, the place of beginning. Sec. 59. Voting place in South Roanoke Precinct No. 1. The voting place in South Roanoke Precinct No. 1 shall be, and the same is, established at Fire Station No. 8. Sec. 60. South Roanoke Precinct No. 2. Beginning at the intersection of Rosalind Avenue, S. W., and · wenty-fifth Street, S. W.; thence, with the center of Rosalind Avenue, S. W., to Cassell Lane, S. W.; thence, with the center of Cassell Lane to a point; thence, with a line in a southerly direction with the lines of Prospect Hills Subdivision to Somerset Avenue; thence, with the center of Somerset Avenue to its intersection with Peakwood Drive, S. W.; thence, to a 220-foot parallel line west of Peakwood Drive; thence, with said 220-foot parallel line to the old (1943) corporation line; thence, with the old (1943) corporation line approximately 700 feet to the end of Roy Drive, S. W.; thence, along the old (1965) corporati, line to the intersection of Carolina Road and U.S. Route No. 220 and the new corporation line; thence, with the new corporation line to the intersection of the proposed Southwest Expressway (Route No. 220) right-of-way line and the Norfolk and Western Railway (Winston-Salem Division) right-of-way line; thence, with same to Broadway, S. W.; thence, with Broadway, S. W., as it crosses Franklin Road to Stephenson Avenue, S. W.; thence, with the center of Stephenson Avenue to Twenty- fifth Street, S. W.; thence, with the center of Twenty-fifth Street to Rosalind Avenue, S. W., the point of beginning. Sec. 61. Voting place in South Roanoke Precinct No. 2. The voting place in South Roanoke Precinct No. 2 shall be, and the same is, established at the Crystal Spring Elementary School, located on the east side of Carolina Avenue between 26th and 27th Streets, S. W. Sec. 62. Lee-Hi Precinct. Beginning at the intersection of Virginia Route No. 419 (Electric Road) and Virginia Route No. 685 (Keagy Road); thence, in an easterly direction along the new corporation line to the Roanoke River; thence, in an easterly direction down Roanoke River to the old (1943) corporation line; thence, along the old (1943) corporation line to Grandin Road Extension (Virginia Route No. 682) and the new corporation line; thence, with the new corporation line to Virginia Route No. 419 (Electric Road), the place of beginning. Sec. 63. Voting place in Lee-Hi Precinct. The voting place in Lee-Hi Precinct shall be, and the same is, established at Fire Station No. 4, located at Lee Highway and Aerial Way Drive, S. W. Sec. 64. Garden City Precinct. Beginning at a point on the old (1943) east corporation line and Riverland Road, S. E.; thence, in a southeasterly direction with the center of Riverland Road to its intersection with Bennington Street and Mount Pleasant Boulevard, S. E.; thence, with the center of Mount n Pleasant Boulevard, S. E., to the corporation line; thence, with the corporation line to the intersection of Carolina Road and U.S. Route No. 220; thence, with an easterly line across U.S. Route No. 220 to the old (1965) corporation line; thence, following the old corporation line to a point where it intersects the Mill Mountain Parkway Spur; thence, with the center line of the Mill Mountain Parkway Spur to its intersection with the old (1943) corporation line; thence, along said old (1943) corporation line to its intersection with Riverland Road, the point of beginning. Sec. 65. Voting place in Garden City Precinct. The voting place in Garden City Precinct shall be, and the same is, established at the Garden City Elementary School, located at 3718 Garden City Boulevard, S. E. Sec. 66. Substitute voting places. Should the voting place established by any preceding section of this chapter be not available for any election, it shall be the duty of the electoral board to establish in the election district so affected a substitute voting place, as near to the one replaced as may be practical, such substitute voting place to be discontinued as such whenever the original voting place may be again available for elections. Sec. 67. Effective date of chapter. The provisions of this chapter shall become effective immediately, absent disapproval of the same by the Department of Justice of the United States within sixty days after submission of this chapter to said Department of Justice. Sec. 68. Central absentee voter election district. Pursuant to provisions of section 24.1-233.1 of the Code of Virginia as amended by chapter 428 of the 1974 Acts of Assembly of Virginia, there is hereby established in the courthouse of the city, on the first floor thereof, a central absentee voter election district for all elections held in the City, which shall receive, count and record all absentee voter ballots cast within the city at all such elections. BE IT FURTHER ORDAINED that the City Attorney be, and he is hereby, directed to forthwith transmit attested copies of this ordinance to the Department of Justice of the United States, Washington, D.C., by Certified Mail with return receipt requested, and to request of said Department its expedited consideration of all of the within. 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 17th day of February, 1976. No. 22699. 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 the easement herein authorized in order that the Appalachian Power Company may make available electric service to Washington Park, 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 overhead lines for the purpose of transmitting electric power, said right-of-way being situate in the City of Roanoke on the westerly side of Burrell Street, N. W., the location of said electric power line being shown colored in red on print of Appalachian Power Company's Drawing No. R-1057, dated October 10, 1975, and entitled "Proposed Right of Way on Property of City of Roanoke Washington Park", a copy of which is on file in the Office of the City Clerk, 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1976. No. 22700. 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 the easement herein authorized in order that the Appalachian Power Company may make available electric service to the Roanoke City School Board Bus Garage at the City of Roanoke Public Works Service Center, now under construction, in which recommendati~ this Council concurs. A42 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 overhead lines for the purpose of transmitting electric power, said right-of-way being situate in the City of Roanoke on the westerly side of Courtland Road, N. E., the location of said overhead electric power line being shown colored in red on print of Appalachian Power Company's Drawing No. R-1039, dated September 5, 1975 and entitled "Map Showing Proposed Right of Way on Property of City of Roanoke", a copy of which is on file in the Office of the City Clerk, 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 I~ THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1976. No. 22701. 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 the easement herein authorized in order that the Appalachian Power Company may make available electric service to Huff Lane Park, now under construction, in which recommendatior 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 overhead lines for the purpose of transmitting electric power, said right-of-way being situate in the City of Roanoke on the westerly side of Huff Lane, N. W., the location of said electric power line being shown colored in red on print of Appalachian Power Company's Drawing No. R-1040, dated September 9, 1975 and entitled "Map Showing Proposed Right of Way on Property of City of Roanoke", 143 a copy of which is on file in the Office of the City Clerk, 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1976. No. 22702. 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 the easement herein authorized in order that the Appalachian Power Company may make available electric service to the Gainsboro Neighborhood Development Project, 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 transmitting electric power, said right-of-way being situate in the City of Roanoke and being generally parallel to the southerly side of Madison Avenue, N. W., a distance of 93 feet + southerly therefrom, the location of said electric power line being shown colored in red on print of plat entitled "Plat Showing Utility Easements to be Conveyed in Section One and Section Two Gainsboro Neighborhood Development Program, Program No. VA. A-6, City of Roanoke Redevelopment and Housing Authority Roanoke Va. ", dated April 18, 1975, prepared for Appalachain Power Company by J. C. Hildebrand, Certified Land Surveyor, a copy of which is on file in the Office of the City Clerk, 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 144 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1976. No. 22716. AN ORDINANCE to amend and reordain Section #832, "Humanitarian and Social Programs," of the 1975-76 Appropriation Ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #832, "Humanitarian and Social Programs," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ATTEST: HUMANITARIAN AND SOCIAL PROGRAMS #832 Offender Aid and Restoration (1) ......... $12,500.00 Not previously appropriated (1) Net increase $6,500.00 APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1976. No. 22717. AN ORDINANCE to amend and reordain Section #898, "Contingencies," and Section #666, "Grounds Maintenance," 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 #898, "Contingencies," and Section #666, "Grounds Maintenance," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and re- ordained to read as follows, in part: CONTINGENCIES #898 Contingency Reserve (1) ............... $36,571.57 GROUNDS MAINTENANCE #666 Other Equipment (2) Transfer (1) Net decrease (2) Net increase .... $2,700.00 2,700.00 7,775.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1976. No. 22719. AN ORDINANCE providing for the purchase of certain equipment for use by the City's Fire Department upon certain terms and conditions; accepting certain bids made to the City for furnishing and delivering said equipment; rejecting other bids made to the City; and providing for an emergency. WHEREAS, on January 30, 1976, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the equipment hereinafter men~ione~ were opened in the office of t~e City's Civil Defense 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; and WHEREAS, the Council, considering all of the same, has determined that the bids hereinafter accepted are the best bids meeting all of the specificatJ made therefor 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, and that the other said bids should be rejected; 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: That the bid of Fire Apparatus and Equipment Company, to furnish and deliver to the City as follows: ITEM NO. DESCRIPTION 1 3 - New Fire Tanker Trucks PURCHASE PRICE $117,630.00 That the bid of Fire Equipment Supply Co., Inc., to furnish and deliver to the City as follows: ITEM NO. DESCRIPTION PURCHASE PRICE 2 1 - New 100-foot Aerial Ladder, Rear-mounted Fire Truck $104,848.00 )ns 145 146 That all of the above amounts to be paid in cash, said equipment to be delivered to the City, f.o.b. Roanoke, Virginia, all to be in accordance with the City's specifications therefor, and said bidders' proposals, 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 requisite purchase orders therefor, incorporating into said orders the City's aforesaid specifications the terms of said bidders' proposals 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. BE IT FURTHER ORDAINED that upon delivery to the City of all of the aforesaid equipment and upon the City's acceptance of the same, the Director of Finance be, and he is hereby authorized and directed to make requisite payment to each said successful bidder of the aforesaid purchase prices, not to exceed the sums hereinabove set out. BE IT FURTHER ORDAINED that all other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby REJECTED; the City Clerk to so notify all said other bidders and to express to each the City's appreciation 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 17th day of February, 1976. No. 22720. 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: SCHOOLS 8800 - Fixed Charges (1) 9800 - Food Services (2) (1) Net increase (2) Net increase ............ $1,079,928.00 ............ 127,299.00 $69,000.00 27,000.00 147 BE IT FURTHER O~AINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1976. No. 22722. AN ORDINANCE to amend Ordinance No. 22432 authorizing certain contracts to be entered into with certain hospitals to provide hospitalization and treatment of indigent or medically indigent patients; fixing certain rates to be paid for such services during Fiscal Year 1975-1976; by increasing the amount heretofore authorized to be paid to Community Hospital of Roanoke Valley; and providing for an emergency. WHEREAS, the City Manager has advised the Council by report dated February 9, 1976, that the State Department of Welfare and Institutions has established a certain adjusted rate for the treatment by Community Hospital of Roanoke Valley of indigent and medically indigent patients, to be effective February 1, 1976, and thereafter during the City's Fiscal Year 1975-1976, and a contract has heretofore been prepared on Standard Form SLH-H-1158, Rev. 6/71, and entered into between the City and said hospital hereinafter named establishing and fixing the rate to be effective with said hospital; and WHEREAS, it is necessary to enter into an amended contract with Communit~ Hospital of Roanoke Valley establishing and fixing the adjusted rate to be effective with said hospital as hereinafter set out for services so rendered after February 1, 1976; 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 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 February 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 an amended contract with Community Hospital of Roanoke Valley, 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 in-patient care of the City's indigent and 148 medically indigent patients at the following daily rate, commencing as of February 1, 1976, viz: Community Hospital 1975-1976 Rates $ 77.82 BE IT FURTHER ORDAINED that in all other respects, save and except as herein amended, Ordinance No. 22432 adopted August 25, 1975, shall be and remain in full force and effect. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be effective upon its passage and shall be retroactive in its effect to February 1, 1976. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1976. No. 22723. A RESOLUTION authorizing the City Manager or his representative to meet with representatives of the City of Salem, Roanoke County and the Town of Vinton to discuss the development of a mutual aid agreement on fire protection, which'agreement is authorized by SS 27-2 and SS 27-3 of the Code of Virginia, 1950, as amended. WHEREAS, the City Manager, in a February 9, 1976 report to this Council, requested authority from the Council to meet with representatives of the aforesaid governing bodies to discuss development of a mutual aid agreement on fire protecti¢ THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or his representative be and they are hereby authorized to meet with representatives of the City of Salem, Roanoke County and the Town of Vinton to discuss the development of a mutual aid agreement on fire protection, which agreement is authorized by SS 27-2 and SS 27-3 of the Code of Virginia, 1950, as amended. BE IT FURTHER ORDAINED that the City Clerk be and she is hereby directed to transmit attested copies of this resolution to William J. Paxton, Jr., City Manager of the City of Salem, to William F. Clark, County Administrator of Roanoke County, and to Ronald H. Miller, Town Manager of the Town of Vinton. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1976. No. 22724. A RESOLUTION approving employment of one (1) additional part-time employee in the office of the Treasurer of the City of Roanoke, which employee is needed because of the added workload due to annexation; provided that the creation of this position is approved by the Compensation Board of the Commonwealth of Virginia. WHEREAS, the Treasurer of the City of Roanoke appeared before this Council on February 9, 1976, and advised this Council of the real need for his office to hire an additional part-time employee and that the appropriate funds were available to fund this position. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body approves the employment and appointment by the Treasurer of the City of Roanoke of one (1) additional part-time employee in the office of said Treasurer which employee is needed because of the added workload due to annexation; provided that the creation of this position is approved by the Compensation Board of the Commonwealth of Virginia, and that said Compensation Board be advised of such approval by the City Clerk's transmittal of an attested copy of this resolutio~ to said Compensation Board. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1976. No. 22726. A RESOLUTION repealing Resolution No. 22272, adopted June 9, 1975, proposing certain use of the former United States Post Office and Courthouse Building in Roanoke. WHEREAS, by Resolution No. 22272 this Council heretofore proposed that the County of Roanoke locate its administrative offices in the former U.S. Post Office and Courthouse Building in the City of Roanoke, no longer in use by the Government, and offered to assign to said County or to its Board of Supervisors such interest as the City of Roanoke might have or might establish in acquiring said property for the City; and WHEREAS, this Body has been officially advised that the Board of Supervisors of Roanoke County at its meeting held January 13, 1976, formally declined the aforesaid proposal and offer of the City for reasons stated in a letter of its County Executive to the City Clerk dated January 16, 1976. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Resolution No. 22272 of the City Council adopted June 9, 1975, relating to a proposed use by the County of Roanoke of the former United States Post Office and Courthouse Building in the City of Roanoke be, and said resolution is hereby REPEALED; and that an attested copy hereof be transmitted by the City Clerk to the County Executive of Roanoke County. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Tke 23rd day of February, 1976. No. 22718. AN ORDINANCE authorizing the City's sale, upon certain terms and conditions, of 16.59 acres of land in Roanoke County to the United States of America for purposes of the Blue Ridge Parkway; authorizing execution of a written offer to-make such sale and conveyance; and authorizing the execution of a deed of conveyance of said land, should said offer be accepted. WHEREAS, the City heretofore acquired by purchase a tract of land in Roanoke County, bounded on the west by the right-of-way of the Blue Ridge Parkway and on the north by Roanoke River, indicating at tke time that it would make a portion of the land so acquired available to the United States, to be used by the Department of Interior as a part of its Blue Ridge Parkway adjoin- ing said land; and WHEREAS, the City has now been requested to formally offer to sell and convey to the United States of America 16.59 acres of said land for a consider~ of $14,900.00, cash, and there has been tendered to the City for execution an option agreement drawn on Government Form ESC-LW 4/71, incorporating the proposed terms of such offer and providing that such purchase option may be exercised by the Government within twelve (12) months from the date upon which it may be executed; and WHEREAS, the price proposed to be set in the proposed offer is commensur~ with the acreage price paid by the City upon its acquisition of said land and the City is under requirement, as a condition of the special-use permit granted tion te 151 for use of the remainder of said land, to make the 16.59 acre portion thereof available to the Federal government as aforesaid. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be and are hereby authorized and empowered to execute, for and on behalf of the City, a purchase option agreement drawn on Form ESC-LW 4/71 of the United States Department of the Interior - National Park Service, pursuant to which the City of Roanoke will offer to sell and convey to the United States of America the fee simple title to a certain 16.59- acre parcel of land to be described by metes and bounds in said agreement but, generally, described as being that certain northwesterly portion of the 273.67- acre tract of land heretofore purchased and acquired by the City from M. S. Thomas, widower, situate in Roanoke County, Virginia, on the south side of Roanoke River and on the east sie of the Blue Ridge Parkway, which said agreement shall give to the United States of America for a period of twelve (12) months from the date of the written agreement the right to purchase and acquire said land from the City for a consideration of $14,900.00 payable upon acceptance of said offer and approval of the City's title, the exercise of such option to be executed by the United States by delivering, mailing or telegraphing a notice of such acceptance to the City, addressed to the City hanager, within the time aforesaid, said agreement to contain such other provisions as have been incorporated in the draft thereof presented to the Council and as are approved by the City Attorney. BE IT FURTHER ORDAINED that, upon later acceptance by the United States of America of the offer contained in the aforesaid agreement, made and done in accordance with the terms of said agreement, and upon tender to the City of the $14,900.00 consideration aforesaid, the Mayor and the City Clerk shall be and they are hereby authorized, directed and empowered to execute and to seal and attest, respectively, the City of Roanoke's deed of conveyance to the United States of America conveying the fee simple title to the aforesaid 16.59-acre tract of land, subject to existing easements for public roads and highways, public utilities, railroads and pipelines, upon such form of deed as is approved by the City Attorney, and deliver the same to the United States of America or its authorized representative. APPROVED ATTEST: City Clerk Mayor I52 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of February, 1976. No. 22725. AN ORDINANCE amending Title XI. Police Force and Courts, of the Code of the City of Roanoke, 1956, as amended, by the addition thereto of a new chapter and section, enacted pursuant to SS42.1-70 of the Code of Virginia, as amended, imposing assessment of certain costs incident to civil actions filed in the City's courts for the maintenance of a law library in the City's courthouse; establishing a fund to be created by the imposition of such assessment of costs and providing for contributions to said fund from the Roanoke Bar Association; providing for certain exemptions from said assessments; and providing for the effective date of this ordinance. WHEREAS, the Roanoke Bar Association presented before this Council on February 2, 1976, a resolution requesting the Council to adopt an ordinance pursuant to SS42.1-70 of the 1950 Code of Virginia, as amended, which section authorizes local governing bodies in the Commonwealth to assess costs incident to civil proceedings in the State courts of record and the courts not of record within their respective jurisdictions for the maintenance of a law library, which said law library would be open to the use of the general p'~blic; and WHEREAS, the Roanoke Bar Association has pledged, upon the establishment of a fund by the City pursuant to SS42.1-70 of said Code, a contribution to the fund in the amount of $5,000.00 to assist in the maintenance of said law library, and has further expressed its intent to continue its support of the said law library in the form of financial supplements to said fund at approximately the current level, as and when needed; and WHEREAS, this Council concurs in the request as set forth in said resolution of the Roanoke Bar Association as being in the best interest of the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XI. Police Force and Courts, of the Code of the City of Roanoke, 1956, as amended, be and the same is hereby amended by adding thereto a new Chapter 2.1., entitled Courts -Law Library and Sec. 1. Assessment of costs in civil actions; law library fund; contributions; exemptions., thereof, to read and provide as follows: Sec. 1. CHAPTER 2.1. Courts - Law Library. Assessment of costs in civil actions; con- tributions; exemptions. (a) As authorized by SS42.1-70, Code of Virginia, as amended, there is hereby imposed an assessment of costs incident to each civil action or suit filed in the courts of record of the City of Roanoke in the amount of One Dollar ($1.00) and an assessment of costs incident to each civil action or suit filed in the courts not of record in the City of Roanoke in the amount of seventy- five cents ($.75), which assessments shall be collected by the clerks of the respective courts for the use by the City in the maintenance of a law library in the Courthouse of the City, to be open for the use of the general public. 1'.5 3 (b) The term maintenance of a law library shall include the acquisition and maintenance of suitable quarters, the installation of adequate furniture, the installation of a coin-operated copying machine, the employment of a librarian, and the acquisition of law books and law periodicals. (c) The assessments collected by the respective clerks of the courts shall be remitted to the city treasurer who shall hold such assessments in a separate fund subject to disbursement for the maintenance of the law library. (d) The city treasurer is authorized to accept con- tributions from the Roanoke Bar Association for the maintenance of the law library, which contributions shall be held in the separate fund established by subsection (c) supra. (e) The assessment imposed by this section shall be in addition to all other costs prescribed by law, but shall not apply to any action in which the Commonwealth or any political subdivision thereof or the federal government is a party and in which the costs are assessed against the Commonwealth, political subdivisions thereof or the federal government. BE IT FURTHER ORDAINED that the aforesaid provisions shall be in force and effect on and after the first day of April, 1976; and BE IT FINALLY ORDAINED that the City Clerk do publish an attested copy of this ordinance, in full within the time and in the manner provided by the City Charter; and that said City Clerk forthwith transmit attested copies hereof to the Honorable Judges of the Circuit Court of the City of Roanoke, the General District Court of the City of Roanoke, the Juvenile and Domestic Relations District Court of the City of Roanoke, and to the Clerks of each aforesaid court, to the Director of Finance and to the Municipal Auditor. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of February, 1976. No. 22731. A RESOLUTION approving a public school Capital Improvement Program proposed by Roanoke City School Board and directing that certain court approval of said program be sought and obtained. WHEREAS, upon ordering annexation of certain new territory to the City, effective December 31, 1975, the annexation court, amongst other of the specific terms and conditions set out in the order, directed and ordered certain enumerated school improvements to be made to ten (10) of the public schools of the City within thirty (30) months next following the effective date of annexation, describing the type of each said improvement and affixing approximate costs of each of the same, the approximate total cost of all improvements so ordered aggregating the sum of $10,125,000, the nature of the improvements and the then-estimated cost of the each of same having been based by the Court upon testimony offered by witnesses for the City whose evidence was based upon the best information then available to them but which was offered to the Court in specific numbers and descriptive detail, as related to additional classrooms and other school facilities; and WHEREAS, not until November 17, 1975, when all appellate procedures pursued by other parties to the final order of annexation were concluded by the Supreme Court of Virginia's denial of appeal to said order, was it firmly established that new territory would be annexed to the City and was it feasible that the School Board develop its formal proposal to the City Council for a School Capital Improvement Program which would meet the public school requirements brought about by annexation and which would conform to and, in the opinion of the School Board, slightly exceed the requirements of the order of annexa- tion; and WHEREAS, under date of February 5, 1976, the School Board submitted to the Council for approval and for funding an estimated $10,815,000 Public School Capital Improvement Program, reference to which being hereby expressly made, involving each and every one of the ten (10) public schools referred to in the order of annexation and describing and summarizing, as to each said school, the nature of the improvement felt necessary to be made thereto in order to best meet the needs of public school education in the newly annexed areas of the City and in the remainder of the City and which, also, would fully conform to the intent of the Court as expressed in the order of annexation; and WHEREAS, following the submittal of its aforesaid Capital Improve- ment Program, the members of the City Council have met with the members of the School Board and citizens, and considered the same; and the School Board has pointed out to the Council and to interested citizens that, while its February 5, 1976, proposed Capital Improvement Program may seem to vary, in precise content and as to the nature and estimated cost of each improvement proposed, with respect to some of the ten (10) schools set out in said order and in the proposed improvement program while, in the case of several other of said schools, said Board would propose more substantial improvements than those ordered by the Court, all such variances, however, reflecting changing needs and current conditions and being based upon sound and substantial educational and economic reasons; and WHEREAS, the funding of any such large school capital improvement program will need be provided for by the City of Roanoke's issuance and sale of bonds of the City, the issuance and sale of which this Council hesitates to order until it is determined that the program of school improvements proposed by the School Board will be satisfactory to the Annexation Court, as fully meeting the terms and conditions set out in said Court's order of May 10, 1975, said order leaving right to the parties to petition the Annexation Court to reconvene for the purpose of considering any revision of the provisions of said order concerning the education of children. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: FIRST. That the Council of the City of Roanoke doth hereby approve, subject to determination of the matter as provided in the SECOND section of this resolution, next following, the Public School Capital Improvement Program proposed to this Council by the School Board of the City of Roanoke under date of February 4, 1976, and which said program would provide the following described improvements to ten (10) of the public schools of the City, viz: ELEMENTARY SCHOOLS Garden City ... 6 additional classrooms Raleigh Court.. 8 additional classrooms, kitchen and gymnasium Lincoln Terrace.. 4 additional classrooms and gymnasium Monterey .... 8 additional classrooms, kitchen and combination gymnasium and auditorium Westside ..... 20 additional classrooms, kitchen and combination gymnasium - auditorium Fairview... 12 additional classrooms, kitchen and combination gymnasium- auditorium Estimated Cost INTERMEDIATE SCHOOLS Woodrow Wilson...expansion and renovation Ruffner... 12 additional classrooms and expansion of cafeteria $ 200,000.00 HIGH SCHOOLS 9. Patrick Henry a) Vocational Building b) Auditorium c) Expansion of library, cafeteria and music facilities 725,000.00 10. William Fleming a) Vocational Building b) Auditorium c) Expansion of library, cafeteria and music facilities 425,000.00 790,000.00 2,470,000.00 1,300,000.00 2,470,000.00 990,000.00 1,445,000.00 645,000.00 $1,000,000.00 820,000.00 650,000.00 $1,000,000.00 820,000.00 650,000.00 TOTAL ESTIMATED COST OF ALL IMPROVEMENTS $10,815,000.00 SECOND. That the City Attorney be and is authorized and directed to promptly petition the Honorable Annexation Court, sitting as the Circuit Court of Roanoke County in the order of annexation entered in said Court on May 10, 1975, to reconvene, for the purpose of considering and ruling upon the sufficiency of the within described program of public school improvements as meeting the terms and conditions of the aforesaid order with respect to school improvements, or as being a satisfactory, fair and reasonable revision 155 156 of the several public school improvements set out and enumerated in said order and, further, to consider reasonable revision and extension of the time allowed the City in said order within which public school improvements are to be made. BE IT FURTHER RESOLVED that the City Clerk promptly transmit to the Chairman of the Board of Supervisors of Roanoke County, an attested copy of this resolution, by which said Board's and said County's assent or indication of non-disapproval of the aforesaid program of public school improvements is hereby most respectfully invited. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA~ The 23rd day of February, 1976. No. 22732. AN ORDINANCE to amend and reordain Section #898, "Contingencies," and Section #537, "Social Services," 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 #898, "Contingencies," and Section #537, "Social Services," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordain. to read as follows, in part: CONTINGENCIES #898 Contingency Reserve (1) ................ $24,571.57 SOCIAL SERVICES #537 Title XX (2) ........................... 12,000.00 Transfer (1) Net decrease $12,000.00 (2) Net increase 12,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor d 157 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of February, 1976. No. 22733. 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: JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT EQUIPMENT 9917 Other Equipment (1) ............ $450.00 Not previously appropriated (1) Net increase .......... $450.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of February, 1976. No. 22734. AN ORDINANCE to amend and reordain Section 9119, "Juvenile and Domestic Relations District Court," 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 9119, "Juvenile and Domestic Relations District Court," of the 1975- 76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT 9119 Contractual Services (1) ............... $13,477.50 Local Cash Match (2) ................... 2,794.50 Transfer (1) Net decrease ..... $22.50 (2) Net increase 22.50 BE IT FURTHER O~AINED that, an e~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 23rd day of February, 1976. No. 22735. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds for the purchase of two (2) magnetometers for the Juvenile and Domestic Relations District Court of 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. 74-A3043(2), for the purchase of two (2) magnetometers for the Juvenile and Domestic Relations District Court 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. 74-A3043(2), be accepted'upon such special conditions aforesaid, in which recom- mendation 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. 74-A3043(2) for Federal funds in the amount of $427.50 through said Division, to be used, along with certain local funds, to purchase two (2) magnetometers for the Juvenile and Domestic Relations District Court of the City, estimated to cost approximately $450.00; 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 J-59 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 23rd day of February, 1976. No. 22736. 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 Progra~ Account, be, and the same is hereby, amended and reordained to read as follows, in part: CIRCUIT COURT EQUIPMENT 9916 ' · Other Equipment (1) ................ $1,553.00 Not previously appropriated (1) Net increase ...... $1,553.00 BE IT FURTHER ORDAINED that, an emergency existing, 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 February, 1976. No. 22737. AN ORDINANCE to amend and reordain Section #898, "Contingencies," and Section #116, "Circuit Court," 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. 160 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #898, "Contingencies," and Section 9116, "Circuit Court," of the 1975- 76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTINGENCIES 9898 Contingency Reserve (1) ................ $24,493.92 CIRCUIT COURT 9116 Local Cash Match (2) ................... 77.65 Transfer (1) Net decrease $77.65 (2) Net increase 77.65 BE IT FURTHER ORDAINED that, an emergency existing, 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 February, 1976. No. 22738. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds for the purchase of a courtroom memory system and three (3) magnetometers for the Circuit Court of 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. 74-A3043(1), for the purchase a courtroom memory system and three (3) magnetometers for the Circuit Court 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. 74-A3043(1), be accepted upon such special conditions aforesaid, in which recommen¢ tion Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: at 161 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. 74-A3043(1) for Federal funds in the amount of $1,475.35, through said Division, to be used, along with certain local funds, to purchase a courtroom memory system and three (3) magnetometers for the Circuit Court of the City, estimated to cost approximately $1,553.00; 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 23rd day of February, 1976. No. 22739. 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 of implementing, continuing and carrying out a Community Developmez 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, having in the preceding fiscal year commenced the implementation of such programs, the City of Roanoke needs further Federal assistance to continue to finance certain short-term and long-term programs having housing needs, ~eighborhood 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. 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, to be as set out on Federal forms prepared for the purposes of such application; and, in making such application, said !'62 City Manager is hereby authorized and directed to make and execute on behalf of the City all understandings and assurances contained in said formal appli- cation 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd'day of February, 1976. No. 22740. AN ORDINANCE to amend and reordain Section #450, "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 ~unicipal Government 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 #450, "Capital Outlay From Revenue," of the 1975-76 Water Fund Appropriati~ Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE #450 Peters Creek Road Water Line (1) ....... $300,000.00 Not previously appropriated (1) Net increase. $300,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor n 163 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of February, 1976. No. 22741. AN ORDINANCE providing for the construction of a 16-inch diameter water line along Peters Creek Road (Route 117), from Thirlane Road to Route 628, upon certain terms and conditions, by accepting a certain bid made to the City; rejecting certain other bids; and providing for an emergency. WHEREAS, at the meeting of the Council held on February 9, 1976, certain bids made to the City, after due and proper advertisement therefor, for the construction of a 16-inch diameter water line, were opened and read before the Council and, thereafter, were referred to a committee to be studied and tabulated; and WHEREAS, the aforesaid committee, in report made to the Council dated February 23, 1976, has advised that the bid made by J. P. Turner Brothers, Inc., is the lowest and best bid received for the performance of said work, and should be accepted, in which recommendation the Council concurs; and WHEREAS, there is contemporaneously herewith being appropriated a sum sufficient to pay the estimated cost of the aforesaid improvements and, for the immediate preservation of the public safety and for the usual daily opera- tion of the municipal government, an emergency is hereby declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of J. P. Turner Brothers, Inc., for furnishing all necessary tools, labor and materials for constructing a 16-inch diameter water line along Peters Creek Road (Route 117), from Thirlane.Road to Route 628 and passing under Interstate 581, in full accordance with the City's plans and specifica- tions made therefor, for a sum not to exceed $299,782.00, 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 contract on behalf of the City with the aforesaid bidder providing for the construction of said improvements, such contract to incorporate the terms of said bidder's proposal, the City's plans and specifications 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 other bidder and to express to each said bidder the City's appreciation for such bids. 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 23rd day of February, 1976. No. 22742. AN ORDINANCE amending Rule 7, 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 the addition of a new paragraph (c), relating to the schedule of fees to be charged for water service connections and meter installations which were made in connection with any construction for which a building permit was issued prior to January 1, 1976, and providing for an emergency. WHEREAS, the City Manager in his February 17, 1976, report to the Council recommended that the water service connections and meter installation charges in effect on December 31, 1975, be charged for those water service connections and meter installations made in connection with any construction for which a building permit was issued prior to January 1, 1976, in which recommen tion 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 Rule 7, 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 by'the addition of a new paragraph (c) to read and provide as follows: (c) The schedule of charges for water service connections and meter installations in effect on December 31, 1975, shall apply to all water service connections and meter installations made in connection with any construction for which a building permit was issued prior to January 1, 1976. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor Ia- 165 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1976. No. 22721. AN ORDINANCE amending and reordaining Sec. 2.1 of Chapter 3. Utility service tax., of Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, fixing a limit of $10,000 per month tax per utility service on any utility service taxable under Sec. 2. of said chapter and Title, for the period commencing January 1, 1976, and ending June 30, 1976, and further limiting, after July 1, 1976, to $1,000 per month any single tax imposed by section 2 of Chapter 3. Title VI, of the Code of the City of Roanoke, as amended, upon purchasers of gas or electric utility services. WHEREAS, the Council deems it fair and equitable that further limitation of the amount of tax imposed by section 2 of Chapter 3. Title VI, of the Code of the City of Roanoke, as amended, upon purchasers of gas or electric utility services be provided, such further limitation not to be effective prior to July 1, 1976. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 2.1, of Ckapter 3. Utility service tax., of Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained, to read and provide as follows: Sec. 2.1. Limitation of single utility tax; maximum tax on single utility service. Notwithstanding the provisions of section 2, supra, of this chapter, or of other provisions of this chapter relating to the stating, collecting and reporting of the tax imposed and levied by sec- tion 2 of this chapter, the tax imposed on the pur- chaser of a utility service during the period commenc- ing January 1, 1976, and ending June 30, 1976, shall not in any one month exceed a tax of $10,000.00 on any one such utility service. Furthermore, and with respect to each utility service purchased on and after July 1, 1976, the amount of any single tax imposed upon the purchaser thereof shall be limited to a maximum of $1000 per month, applied to each separate meter or location of the purchaser. APPROVED ATTEST: City Clerk Mayor '166 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1976. No. 22727. AN ORDINANCE permanently vacating, discontinuing and closing that certain unopened twelve-foot alley extending in a westerly direction from Eighteenth Street, S. W., between Chapman Avenue, S. W., and Campbell Avenue, S. W., as more particularly described hereinafter. WHEREAS, Huttig Sash & Door Company, David A. and Lois S. Dean, and Kennard-Pace Company, Inc., have heretofore filed their petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the aforesaid alley, due notice of the filing of said petition having been given to the public as required by law; and WHEREAS, in accordance with the prayers of said petition, viewers were appointed by the Council on the 5th day of January, 1976, to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing the aforesaid alley; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk that no inconvenience would result to any individual or to the public from permanently vacating, discontinuing and closing said alley; and WHEREAS, Council at its meeting on January 5, 1976, referred the petition to the City Planning Commission, which Commission in its report before Council on January 26, 1976, recommended that the request to close the unopened twelve-foot alley extending in a westerly direction from Eighteenth Street, S. W., between Chapman Avenue, S. W., and Campbell Avenue, S. W., be granted; and WHEREAS, a public hearing was held on the question before Council at its meeting on the 23rd day of February, 1976, at 7:30 p.m., after due and timely notice thereof published in the Roanoke World News, at which hearing all parties and interested citizens were afforded an opportunity to be heard on the question; and WHEREAS, from all of the foregoing, Council considers that no in- convenience will result to any individual or to the public from permanently vacating, discontinuing and closing the hereinafter described alley, as recom- mended by the Planning Commission, and that accordingly, said alley should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the unopened twelve-foot alley extending in a westerly direction from Eighteenth Street, S. W., more particularly described as follows: BEING all of that alley shown on City Appraisal Map #132 extending in a westerly direction through Block 26 of the West End and River View Land Company Map from Eighteenth Street, S. W., to the portion of Nineteenth Street, S. W., which was closed by Ordinance #21279, dated January 7, 1974, said alley being bounded on the north (400 feet, more or less) by Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 26, of the West End and River View Land Company Map and on the south (400 feet, more or less) by Lots 9, 10, 11, 12, 13, 14, 15 and 16, Block 26, of the West End and River View Land Company Map, and being 12 feet wide, more or less; BE, and it hereby is, permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke, Virginia, and of the public to the same be, and it hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, the City of Roanoke, Virginia, reserving unto itself, however, a perpetual easement for the continued right of ownership, maintenance, operation, repair, or replacement of sewer lines, drains, water lines and other public utilities which may now be located in and over the aforesaid alley, together with a necessary right of way therefor, express reference being hereby made to an existing public sewer line extending the full length of said alley between Eighteenth Street, S. W., and the former center line of Nineteenth Street, S. W., heretofore closed by Ordinance #21279, dated January 7, 1974. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "Permanently Vacated," on the abovedescribed alley on all maps and plats on file in his office on which the said alley is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the City deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk of said Court may make proper notation on all maps or plats recorded in his office upon which are shown the said alley, now as provided by law, and that if requested by any party in interest, he may record the same in the deed book in his office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor and in the name of any party in interest who may request as Grantee. APPROVED ATTEST: City Clerk Mayor 68., IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1976. No. 22728. 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 classi- fications for an area in the southwestern quadrant of the City, and an area in the northwestern quadrant of the City, which areas were annexed by the City of Roanoke as of midnight, December 31, 1975, and incorporating said areas 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 23rd day of FeDruary, 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 rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 2, of Chapter 4.1, of Title XV. of the Code of the City of Roanoke, be amended in the following particulars and no other, viz: (1) That area commonly known as the Blue Ridge Industrial Park, which area is in the southwestern quadrant of the City and was annexed to the City of Roanoke as of midnight, December 31, 1975, the property comprising said area bounded on the north by the Roanoke River, on the east by the January 1, 1968 City of Roanoke Corporate Limits line, on the south by the Norfolk and Western Railway right-of-way and on the west by the City of Salem Corporate Limits line, as shown on Plat Book 4, at page 88, Plat Book 6, at page 6, Plat Book 9, at page 49 and page 69, said plat books being on file in the Clerk's Office of the Circuit Court of the County of Roanoke, be and said area is hereby rezoned to LM-Light Manufacturing District, and that said area be incorporated into the Official 1966 Zoning Map of the City of Roanoke. 69, (2) That area comprised of property owned by Roanoke Electric Steel and the Norfolk and Western Railway, which area is on the northwestern quadrant of the City and was annexed to the City of Roanoke as of midnight, December 31, 1975, the property comprising said area bounded generally on the north and the west by the escarpment south and east of Frances Drive and the January 1, 1968 City of Roanoke Corporate Limits line, on the east by the January 1, 1968 City of Roanoke Corporate Limits line and on the south by the Roanoke River, as shown on an official survey of property of Roanoke Electric Steel Corporation by T. P. Parker & Son, dated February 19, 1974, and on Survey Sheet Nos. S.L.5 and S.L.6 of the Chief Engineer of the Norfolk and Western Railway, dated October 30, 1949, said surveys on file in the Office of the City of Roanoke Planning Department, be and said area is hereby rezoned to HM-Heavy Manufacturing District, and that said area be incorporated into the Official 1966 Zoning Map of the City of Roanoke. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1976. No. 22729. 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 classi- fication for an area in the northwestern quadrant of the City, which area was annexed by the City of Roanoke as of midnight, December 31, 1975, and incorporating said area ~nto 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 23rd day of February, 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 170 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 Section 2, of Chapter 4.1, of Title XV. of the Code of the City of Roanoke, be amended in the following particulars and no other, viz: That area commonly known as the Crossroads Mall area which area is in the northwestern quadrant of the City of Roanoke and was annexed to the City of Roanoke as of midnight, December 31, 1975, the property comprising said area bounded on the south by Hershberger Road, on the east by Airport Road, on the north by a line which extends west from the intersection of Airport Road and Nelms Road and generally follows the northern boundary of Crossroads Mall, on the west by a line which extends north from the intersection of Hershberge Road and Rutgers Road and generally follows the western boundary of the Crossroads Mall, as shown on maps of Crossroads Mall, recorded in Deed Book 796, at page 291 and in Deed Book 1005, at page 661, on file in the Clerk's Office of the Circuit Court of the City of Roanoke, be and said area is hereby rezoned to C-2 - General Commercial District, and that said area be incorporated into the Official 1966 Zoning Map of the City of Roanoke. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1976. No. 22730. 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 classifica- tion for an area in the northeastern 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 23rd day of February, 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 rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 2, of Chapter 4.1, of Title XV. of the Code of the City of Roanoke, be amended in the following particulars and no other, viz: That area commonly known as the Statesman Industrial Park which area is in the northeastern quadrant of the City and was annexed to the City of Roanoke as of midnight, December 31, 1975, the property comprising said area, located north of Route 460 and including lots on Mary Linda Avenue, N. E., Granby Street, Sleepy Drive, N. E., and Seibel Drive, N. E., as shown on Plat Book 9, at page 33, on file in the Clerk's Office of the Circuit Court of the County of Roanoke, be and said area is hereby rezoned to LM-Light Manufacturing District, and that said area be incorporated into the Official 1966 Zoning Map of the City of Roanoke. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL'OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1976. No. 22743. AN ORDINANCE to amend and reordain Section #64000, "Schools - Title II, Special Purpose Grant," 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 #64000, "Schools - Title II, Special Purpose Grant," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - TITLE II, SPECIAL PURPOSE GRANT #64000 Library Materials - Fallon Park (1) .......... $ 4,000.00 Library Materials - Roanoke Catholic Elementary School (2) ....................... 950.00 Library Materials - Systemwide (3) ........... 13,506.00 Not previously appropriated (1) Net increase -$ 4,000.00 (2) Net increase 950.00 (3) Net increase 13,506.00 *100% of actual expenditures to be reimbursed by ESEA, Title II, P. L. 89-10 funds 172 BE IT FURTHER ORDAINED that, an emergency existing, 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 March, 1976. No. 22744. AN ORDINANCE to amend and reordain "Schools," and Section #889, "Transfer~ to Capital Improvements 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 '°Schools," and Section $889, "Transfers to Capital I/~provements Fun~," of 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordaine~ to read as follows, in part: SCHOOLS Capital Outlay (1) ..................... $135,477.31 TRANSFERS TO CAPITAL IMPROVEMENTS FUND 9889 Fallon Park (2) ........................ $ 4,379.69 Transfer (1) Net decrease. $4,379.69 (2) Net increase. 4,379.69 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 173 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The let day of March, 1976. No. 22745. AN ORDINANCE to amend and reordain Section 9889, "Transfers to Capital Improvements 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 Section #889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriatic Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Fishburn Park (1) ........................... $181,907.67 Oakland (2) ........... Jefferson Library ~i ~.~.~~.~.~ Buses (4) ............... Patrick Henry Addition ~j .~~~ Buses (6) ................................... Buses (7) ................................... Bus Maintenance Facility (8) ................ Fallon Park (9) Hurt Park (10) 515.00 2,205.91 --0-- 15,056.27 --0-- 18,742.12 39,465.14 ............................. 845,611.64 .............................. 10,168.13 Transfer (1) ~et decrease (2) Net decrease (3) Net decrease ........... (4) Net decrease (5) Net decrease (6) Net decrease ................. (7) Net decrease (8) Net decrease (9) Net increase (10) Net increase $1,178.96 71.53 228.97 299.96 207.25 62.28 372.67 329.01 2,630.93 119.70 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The let day of March, 1976. No. 22746. AN ORDINANCE to amend and reordain Sectin #898, "Contingencies," and Section #125, "Clerk of Circuit Court," of the 1975-76 Appropriation Ordi- nance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #898, "Contingencies," and Section #125, "Clerk of Circuit Court," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTINGENCIES #898 Contingency Reserve (1) .............. $ 5,389.03 CLERK OF CIRCUIT COURT #125 Salaries and Wages (2) ............... 192,959.54 Transfer (1) Net decrease $1,925.00 (2) Net increase 1,925.00 BE IT FURTHER ORDAINED that, an emergency existing, 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 March, 1976. No. 22747. 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 here- by, amended and reordained to read as follows, in part: POLICE TRAINING ACADEMY #946 Other Equipment (1) ................ $11,145.00 Supplies and Materials (2) ......... 8,855.00 Not previously appropriated (1) Net increase. $11,145.00 (2) Net increase 8,855.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 17'5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1976. No. 22748. 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 use with a police training program in the City. 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 an action grant award 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-A3177 for the continuation of a police training program subject to the acceptance, execution and filing by the City of the "Special Conditions for action Grant Awards"; said Grant totaling $20,000.0( with $18,000.00 from DJCP Block funds, $1,000.00 from DJCP General fund appropria- tion, and $1,000.00 from local funds; and WHEREAS, the City Manager recommends to the council t~at Gr~nt ~o. 75-A3177 be accepted upon such special conditions aforesaid, in which recommenda- tion 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. 75-A3177 to be used to aid and implement a police training program in the City; and 2. That the said City Manager be and he is further authorized and directed to provide all records required, necessary and pertinent to enable the City to make such assurances, representations and agreements to conditions as are required of recipients of grants of such Federal funds; and 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 such project. APPROVED ATTEST: City Clerk Mayor 176 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1976. No. 22749. AN ORDINANCE accepting a certain bid and authorizing the City Manager to enter into an agreement with the successful bidder to act as the exclusive rental agent for the City for the purpose of leasing commercial space in the Municipal Parking Garage, upon certain terms and conditions; rejecting certain other bids; and providing for an emergency. WHEREAS, on February 25, 1976, a committee appointed for the purpose, after due and proper advertisement, received and oPened three (3) bids offering to provide to the City exclusive real estate rental services for the purpose of leasing commercial space in the Municipal Parking Garage; and WHEREAS, the aforesaid committee has studied such bids and by written report dated March 1, 1976, has recommended acceptance of the bid of C. W. Francis & Son as the best bid received by the City for providing such services; and WHEREAS, the City Manager has concurred in such recommendation by report ua~u ~arcn i, 1976, and the Council does concur in ail of such recommenda- tions; 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 C. W. Francis & Son to act as exclusive rental agent for the City for the purpose of leasing commercial spaces in the Municipal Parking Garage for a commission of six percent (6%) for each lease consummated as a result of the efforts of C. W. Francis & Son, with the right and option in the City to pay the commission pursuant to the alternate bid of C. W. Francis & Son, and with the further right reserved to the City and C. W. Francis & Son to terminate such agreement upon ninety (90) days written notice; be and hereby is ACCEPTED. 2. That the City Manager be and hereby is authorized to enter into an agreement, approved as to form by the City Attorney, with C. W. Francis & Son to act as exclusive rental agent for the City for the purpose of leasing commercial space in the Municipal Parking Garage in accordance with the bid proposal of C. W. Francis & Son, and the terms and provisions of this ordinance. 3. That the proposal of the other two (2) bidders for said service be, and the same are hereby REJECTED, the City Clerk to so notify said other bidders and to express to said bidders the City's appreciation of said bids. 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 1st day of March, 1976. No. 22750. AN ORDINANCE authorizing the issuance of Change Order No. 1 to the City's contract dated August 12, 1975, with Schnabel Engineering Associates, Consulting Engineers, for certain testing and inspection procedures relating to the construction of the Municipal Parking Garage, by providing for payment of costs of certain additional testing and inspection in an amount not to exceed the sum of $11,503.20; 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 August 12, 1975, with Schnabel Engineering Associates, Consulting Engineers, to provide for certain additional testing and inspection procedures relating to the construction of the Municipal Parking Garage in addition to the work originally contemplated and specified, all as hereinafter generally des- cribed and resulting, in the aggregate, to an additional cost not to exceed $11,503.20; and WHEREAS, the City's consulting engineer is reported to be willing to consent to the issuance of such Change Order and a sum sufficient to pay the additional amount has heretofore been appropriated for the purpose; and WHEREAS,. it is necessary for the usual daily operation of the munici- pal 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. 1 to the City's contract dated August 12, 1975, with Schnabel Engineering Associates, Consulting Engineers, providing for certain additional testing and inspection procedures relating to the construction of the Municipal Parking Garage, which said Change Order No. 1, approved as to form by the City Attorney, shall provide for such additional testing and inspection procedures at a sum not to exceed $11,503.20, making a revised contract sum of $20,000.00 for all testing and inspection on the project. 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 1st day of March, 1976. No. 22751. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements Fund," of the 1975-76 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 #889, "Transfers to Capital Improvements Fund," of the 1975-76 Appro- priation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Land Acquisition - Wiley Drive (1) ....... $25,000.00 Gift (1) Net increase $25,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1976. No. 22752. 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. 179 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: REFUSE COLLECTION #269 Vehicular Equipment (1) ................. $280,958.00 UTILITY LINE FACILITIES $605 Vehicular Equipment (2) ................. -0- STREET MAINTENANCE #658 Vehicular Equipment (3) ................. 90,700.00 GROUNDS MAINTENANCE #666 Vehicular Equipment (4) ................. 120,316.00 MOTORIZED VEHICLE MAINTENANCE $671 Vehicular Equipment (5) ................. 181,001.24 (1) Net decrease (2) Net decrease (3) Net decrease~ (4) Net decrease (5) Net increase $ 12,042.00 15,000.00 80,000.00 68,584.00 175,626.00 BE IT FURTHER ORDAINED that, an emergency existing, 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 March, 1976. No. 22753. 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: CONTINGENCIES #898 Contingency Reserve (1) ......................... $ 7,314.03 DEBT SERVICE EXPENSE $892 Bond Issue & Cremation (2) ...................... 31,000.00 (1) Net decrease .............. $20,000.00 (2) Net increase ............... 20,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED 180 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1976. No. 22754. AN ORDINANCE authorizing the City's offer to purchase from the Statesman Park Water Company its private water system located in the northeastern section of the City for a consideration of $100,000.00, upon certain terms and conditions; and providing for an emergency. WHEREAS, the Water Resources Committee, in report dated March 1, 1976, has recommended that the City offer to purchase all of the physical and real assets and franchise of Statesman Park Water Company, located and doing business as a private water company in an area of the northeast 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 offer to purchase for the City for a consideration of $100,000.00, from the Statesman Park Water Company its private water system located in the northeastern section of the City and consisting of certain wells and well lots, water distribution lines, meters, valves, pumping station, tanks and related equipment, easements and all other rights and property used in the conduct of the private water system, upon delivery to the City of good and sufficient deed of conveyance or bill of sale, transfers or assignments, approved as to form and sufficiency by the City Attorney, and conveying title to all of the same to the City free from encumbrances and upon the further condition that the Statesman Park Water Company relinquish its franchise to the State Corporation Commission or transfer the same to the City of Roanoke. BE IT FURTHER ORDAINED that an emergency existing this ordinance shall be in force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor )n IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1976. No. 22755. A RESOLUTION expressing the willingness of the Council of the City of Roanoke to proceed with the necessary plan changes for the Glade Creek Sanitary Sewer Interceptor Project and the Route 653 Sanitary Sewer Project; to participate in its fair share of the engineering services and of construction costs of said Interceptor Project;,to assume the full cost of preparing plans and specifica- tions and construction of the Route 653 Sanitary Sewer Project; and to utilize the consulting engineers for Roanoke County and the Roanoke County Public Service Authority, who have developed the plans for the abovementioned projects, to continue with the preparation of the necessary plans and specifications as expeditiously as possible. WHEREAS, this Council, by Resolution No. 22241 adopted May 19, 1975, expressed its willingness to contribute to the construction of the Glade Creek Sanitary Sewer Interceptor Project; and WHEREAS, the Water Resources Committee, in report dated March 1, 1976, has recommended that this Council adopt a resolution expressing its willingne~ to proceed in certain matters relative to the Glade Creek Sanitary Sewer Intercepto] Project and the Route 653 Sanitary Sewer Project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council does hereby express its willingness to proceed with the necessary plan changes for the Glade Creek Sanitary Sewer Interceptor Project and the Route 653 Sanitary Sewer Project and to participate in its fair share of the engineering services and construction costs of said Interceptor Project; to assume the full cost of preparing plans and specifications and construction of the Route 653 Sanitary Sewer Project, and to utilize the consulting engineers for Roanoke County and the Roanoke County Public Service Authority, who have developed the plans for the aforementioned projects, continue with the preparation of the necessary plans and specifications as expeditiously as possible. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to forthwith forward attested copies of this resolution to the Clerk of the Roanoke County Board of Supervisors and to the Executive Director of the Roanoke County Public Service Authority. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1976. No. 22756. A RESOLUTION requesting the Board of Supervisors of Roanoke County to advise this Council of its intention to acquire the assets and indebtedness of the Roanoke County Public Service Authority and when any such acquisition may be expected to take place; and requesting the concurrence of said Board of Supervisors in proposed negotiations between the City of Roanoke and the Roanoke County Public Service Authority to determine the value of assets of said Authority located within the City of Roanoke and the value of certain City assets located within Roanoke County. WHEREAS, the Water Resources Committee, in report dated March 1, 1976, has recommended that the Council adopt a resolution directed to the Board of Supervisors of Roanoke County relating to certain matters concerning the Roanoke County Public Service Authority. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council does request the Board of Supervisors of Roanoke County to advise this Council of its intention to acquire the assets and indebtedness of the Roanoke County Public Service Authority and, if so, when any such acquisition will take place, and does hereby request the concurrence of said Board of Supervisors to proposed negotiations between the .City of Roanoke and the Roanoke County Public Service Authority to determine the extent and value of water and sanitary sewer lines of said Authority located within the City of Roanoke and the extent and value of water and sanitary sewer lines of the City of Roanoke located within Roanoke County. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to forthwith forward attested copies of this resolution to the Clerk of the Board of Supervisors of Roanoke County and to the Executive Director of the Roanoke County Public Service Authority. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1976. No. 22757. 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. J_83 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: COMMONWEALTH'S ATTORNEY TRAINING #929 Travel and Education (1) ............... $490.73 Not previously appropriated (1) Net increase ............... $490.73 BE IT FURTHER ORDAINED that, an emergency existing, 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 March, 1976. No. 22758. AN ORDINANCE to amend and reordain Section #122, "Commonwealth's Attorney," 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 #122, "Commonwealth's Attorney," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY #122 Local Cash Match (1) ................... $24.54 Not previously appropriated (1) Net increase $24.54 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of March, 1976. No. 22759. AN ORDINANCE approving the relocation of an easement for portions of a 15-foot wide sanitary sewer right-of-way on two certain lots on the northeast side of U. S. Route 11, Williamson Road, N. W., and the southeast side of Oaklawn Avenue, N. W., being Official Nos. 2170301 and 2170302; and approving and author- izing execution of a certain deed of exchange, drawn to effect the relocation of said right-of-way. 184 WHEREAS, as successor in title to the rights and properties of the William- son Road Sanitary District No. 1 and by virtue of a rights-of-way agreement for a sewer system recorded May 11, 1938, the City of Roanoke is the owner of a perpetual easement for a 15-foot wide right-of-way for a public sanitary sewer line in, over, on and across two certain properties in the northwest section of the City, herein- after more particularly described, and owns, operates and maintains a public sanitary sewer line in said existing right-of-way; and WHEREAS, the present owners of said two properties, hereinafter named, have requested that portions of said sewer line and the right-of-way therefor be relocated to other portions of said properties so as to permit of construction of certain new improvements on said properties, and have offered and agreed to bear the full cost of accomplishing such relocation, and have caused to be prepared a plat showing the location of the existing right-of-way for said sewer line and, as well, the loca~io~'0f said right-of-way as it is proposed to be changed on each of said lots and, further, have tendered to the City for execution an instrument, drawn as a deed of exchange, pursuant to which the owners of the respective lots would grant and convey to the City the necessary easement rights in said new right- of-way and the City would quitclaim unto said property owners the City's rights in and to those portions of the existing rights-of-way which would no longer be needed by the City after said sewer line shall have been relocated on the properties; and WHEREAS, the City Engineer has approved under date of January 16, 1976, plans and profiles showing the proposed relocation of said sewer line, said plans and profiles having been prepared for Sambo's Restaurant, Inc., by T. P. Parker, & Son, Engineers and Surveyors, under date of January 12, 1976; and the City Manager has recommended to the Council that the City should agree to the proposed sewer line relocation if the same shall be accomplished without expense to the City, and that it should quitclaim to the property owners the City's rights in such portions of the existing sewer line rights-of-way as would not be needed after the relocation of the sewer line is accomplished by the property owners, under permit from the City and in accordance with the plans, specifications and requirements of the City's engineering department. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said Council doth approve the relocation of certain portions of the right-of-way for the City's public sanitary sewer line in, on and upon the land of James D. Fralin and Loretta M. Fralin and James M. Grasse and Rebecca F. Grasse, known as Official No. 2170301 and situate on the northeast corner of Oaklawn Avenue, N. W., and Williamson Road, N. W., (U. S. Route 11), and in, on and upon the land of Leon C. Smoker and Ann F. Smoker, known as Official No. 2170302 and situate on the southeast side of Oaklawn Avenue, N. W., and on the northeast side of William. son Road, N. W., as the aforesaid sewer line and sewer easement relocation is shown on plat entitled "Survey for James D. & Loretta M. Fralin, James M. & Rebecca F. Grasse & Leon C. & Ann F. Smoker Showing New Sanitary Sewer Easement Being Dedicated to the City of Roanoke, Virginia and a Portion of Existing Sanitary Sewer Easement Being Abandoned and Vacated by the City of Roanoke, Va.", prepared by T. P. Parker & Son, Engineers and Surveyors, under date of January 12, 1976, provided the whole expense of the relocation of said sewer line be borne by the aforesaid landowners and the relocation of said line be done in full accordance with the aforesaid plat of survey and with such other plans, specifications and requirements as may be ordered or directed by the City Engineer. BE IT FURTHER ORDAINED that the Mayor and the City Clerk be and are hereby authorized and empowered to execute for and on behalf of the City of Roanoke, when approved as to form by the City Attorney, that certain written instrument drawn as a deed of exchange under date of February 13, 1976, to be entered into between the City of Roanoke, as party of the first part, and James D. Fralin and Loretta M. Fralin, James M. Grasse and Rebecca F. Grasse, and Leon C. Smoker and Ann F. Smoke as parties of the second part, pursuant to which said parties of the second part will grant and convey to the City of Roanoke a perpetual easement for a 15-foot wide sanitary sewer line right-of-way in, on over and across the aforesaid two prope~ as set out on the T. P. Parker & Son survey dated January 12, 1976, abovementioned, and will agree that the cost of all such relocation be borne by said landowners, and the City of Roanoke will quitclaim to said property owners said City's existing right, title and interest in and to those portions of the City's existing sewer line easement and right-of-way which are shown on the aforesaid survey to be abandon- ed; said deed of exchange to be conditioned, however, upon said owner's construction of the aforesaid new sanitary sewer lines in accordance with plans, specifications and requirements approved or made by the City Engineer, pending the performance of which condition the conveyance and quitclaim to have no effect. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of March, 1976. No. 22760. AN ORDINANCE to amend and reordain Section #108, "City Treasurer," 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 ~108, "City Treasurer," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY TREASURER #108 Salaries and Wages (1) ............. $148,227.22 Extra Help (2) ..................... 2,975.00 Transfer (1) Net decrease ............ $2,275.00 (2) Net increase- 2,275.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: :ies 185 I'86 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of March, 1976. No. 22761. AN ORDINANCE to amend and reordain Section #116, "Circuit Court," 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 #116, "Circuit Court," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIRCUIT COURT #116 Other Equipment (1) .................. $5,808.36 Not previously appropriated (1) Net increase. $2,758.36 *$840.00 to be reimbursed from Division of Justice and Crime Prevention BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE coUNcIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of March, 1976. No. 22762. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements 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 Secti #889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriation Ordi- nance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 West End Elementary School Razing and Demolition (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 APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of March, 1976. No. 22764. AN ORDINANCE amending Sec. 1. Adoption by reference; where copies filed, of Chapter 1.2. Uniform Statewide Building Code of Virginia, and Sec. 1. Adoption; where filed. , and the title paragraph of Sec. 2. Amendments, of Chapter 3.2. BOCA Basic Plumbing Code, 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 incorporate changes to the Virginia Uniform Statewide Building Code of Virginia as adopted by the State Board of Housing; and providing for an emergency. WHEREAS, the City Manager in report dated March 8, 1976, recommended to this Council that the City Code be amended to incorporate certain changes to the Virginia Uniform Statewide Building Code; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance be in force and effect from and after its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 1. Adoption by reference; where co~ies filed, of Chapter 1.2. Uniform Statewide Building Code of Virginia, of Title XV. Construction, Alteration and Use of Land, Buildings and Other Structures , of the Code of the City of Roanoke, 1956, as amended be amended to read and provide as follows, to-wit~ Sec. 1. Adoption by reference; where copies filed. The provisions, requirements and regulations contained in that cer- tain Building Code known as the Uniform Statewide Building Code of Virginia.(sometimes referred to as the "Basic Code"), adopted from the model code of Building Officials and Code Administrators International, Inc., (BOCA) by the State Board of Housing pursuant to legislation enacted by the 1972 General Assembly of Virginia, creating a State Board of Housing and directing it to adopt a building code that would apply equally across Virginia, being particularly The BOCA Basic Building Code/1975; BOCA Basic Mechanical Code/1975; BOCA Basic Plumbing Code/1975; National Electric Code/1975 and excerpts from the One-and-Two Family Dwelling Code/1975; and the 1975 Accumulative Supplement to Virginia Uniform Statewide Building Code, and any supplementary editions which may heretofore be adopted by the State Board of Housing, save and except such portions as are hereinafter deleted, modified or amended, by the State Board of Housing or by ordinance of the City, be, and the same are hereby adopted by the City of Roanoke and are incorporated herein by reference as fully as if set'out at length herein and from and after the date on which this chapter shall become effective, the provisions thereof shall be controlling in the construction of all buildings and other structures therein contained within the corporate limits of the City of Roanoke; copies of said code and of this chapter and subsequent ordinances amendatory thereof shall be kept on file in the office of the building commissioner and in the office of the city clerk. BE IT FURTHER ORDAINED that Section 114.0 of Article 1 of the BOCA Basic Building Code/1975 be and said section is amended by the addition of a new section, numbered 114.10 Building Permits - Annexed Territory, to read and provide as follows: 114.10 Building Permits - Annexed Territory. Applicable only to application for issuance of permits in newly annexed territories of the city other than annexed territory not orderly reclassified by the council after such annexation, the building commission( shall be authorized to issue a permit or permits on approval of the director of planning, the city manager and the city council without regard for existing requirements of the zoning ordinance as they may relate to property other than the annexed territory. BE IT FURTHER ORDAINED that Sec. 1. Adoption; where filed, of Chapter 3.2, BOCA Basic Plumbing Code, of Title XV. Construction, Alteration and Use of Land, Buildings and Other Structures, of the Code of the City of Roanoke, 1956, as amended, be amended to read and provide as follows, to-wit: 188 Sec. 1. Adoption; where filed. The provisions, requirements and regulations contained in that certain plumbing code entitled, known and designated as the BOCA Basic Plumbing Code, 1975, and any supplementary editions which may heretofore be adopted by the State Board of Housing, adopted by the State Board of Housing pursuant to legislation enacted by the 1972 General Assembly of Virginia, creating a State Board of Housing and directing it to adopt a building code that would apply equally across Virginia, save and except such portions, sections or subsections as are hereinafter deleted, modified or amended by the State Board of Housing or by ordinance of the City, be, and the same are hereby adopted by the city and are incor- porated into this section by reference as fully as if set out at length herein, and from and after the date on which this chapter shall become effective the provisions thereof and herein shall be controlling and shall apply to every plumbing installation, including alterations, repairs replacement, equipment, appliances, fixtures, fittings and/or appurtenance: thereto, and/or when connected to a water or sewerage system, to the maintenance of all of the aforesaid and to the person or persons installin, or maintaining the same, within the corporate limits of the city; and copies of such code and of this chapter and any subsequent ordinances amendatory thereof shall be kept on file in the office of the building commissioner of the city and in the office of the city clerk. BE IT FURTHER ORDAINED that the title paragraph of Sec. 2. Amendments, of Chapter 3.2. BOCA Basic Plumbing Code, of Title XV, Construction, Alteration and Use of Land, Buildings and Other Structures, of the Code of the City of Roanoke, 1956, as amended, be amended to read and provide as follows, to-wit: Sec. 2. Amendments. The BOCA Basic Plumbing Code herein adopted; be, and the same is hereby amended and reordained in the following respects: BE IT FINALLY ORDAINED that an emergency existing, this ordinance shall be in force and effect from and after its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of March, 1976. No. 22765. AN ORDINANCE amending Chapter 9. Annual Assessment of Real Property for Taxation. of Title VI of the Code of the City of Roanoke, 1956, as amended, by the addition of a new section numbered 18 and entitled Special Assessment for Certain .~gricultural Real Estate In Newly Annexed Areas of the City; and providing for an emergency. WHEREAS, amongst numerous properties annexed to the City of Roanoke from the County of Roanoke as of Midnight, December 31, 1975, were certain relatively large tracts of land which at the time of annexation and as of now are understood to be devoted to agricultural use such as under the provisions of SS58-769.6 of the Code of Virginia would have entitled them to be specially assessed for local taxation on the basis of their use under certain provisions of an ordinance of the County of Roanoke then in effect; and WHEREAS, the City of Roanoke had not as of January 1, 1976, adopted an ordinance under the provisions of SS58-769.6 of the Code of Virginia providing for the assessment and taxation of lands used for agricultural purposes although the Council of said City is considering the same and may prior to June 30, 1976, 189 adopt an ordinance so as to provide for the assessment and taxation of qualifying lands in accordance with certain of the provisions of said Article; and WHEREAS, the Council of the City of Roanoke deems certain amendments to Chapter 9, Title VI, of the Code of the City of Roanoke providing for the assessment and taxation of lands used for agricultural use to be necessary and in the best interests of the health, safety and general welfare of the citizens of the City of Roanoke; and WHEREAS, the City of Roanoke may, prior to April 1, 1976, adopt an ordi- nance under the provisions of SS58-769.6:1 of the Code of Virginia, approved by the House of Delegates and the Senate in the 1976 Session of the General Assembly of Virginia as House Bill No. 152, providing for the assessment and taxation under SS58-769.6 of certain of the real estate in the areas annexed to the City December 31, 1975, and effective only for the tax year immediately following annexation, whereby all of the provisions of SS58-769.6 of the Code of Virginia shall be applicable. 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 9, Annual Assessment of Real Propert~ for Taxation, of Title VI 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 read and provide as follows: Sec. 18. Special Assessment for Certain Agricultural Real Estate in Newly Annexed Areas of the City. A. The record owner of any real estate meeting the following criteria may, within thirty days of the adoption of this ordinance, apply to the city's assessor of real estate for the classification, assessment and taxation of such property for the tax year immediately following annexation of such real estate on the basis of its use, under the procedures hereinafter set out. The criteria are as follows: 1. The real estate shall fall within the classifica- tions hereinafter established and defined, viz: a. "Real estate devoted to agricultural use" shall mean real estate when devoted to the bona fide production for sale of plants and animals useful to man under uniform standards prescribed by the Commissioner of Agriculture and Commerce or when devoted to and meeting the requirements and qualifications for payments or other compensation pur- suant to a soil conservation program under an agreement with an agency of the Federal government. 2. The real estate shall further consist of a minimum of five acres if devoted to agricultural use. B. The procedure to be followed in making the determination shall be as follows: 1. In valuing real estate for purposes of taxation pursuant to this section, the assessor of real estate shall consider only those indicia of value which such real estate has for agricultural use and real estate taxes shall be extended by the commissioner of revenue upon the value so determined. In addition to use of his personal knowledge, judgment and experience as to the value of real estate in agriculturual use, he shall, in arriving at the value of such land, consider available evidence of agricultural capability and the recommendations of value of such real estate as made by the State Land Evaluation Advisory Committee. I90 2. In determining the total area of real estate actively devoted to agricultural use there shall be included the area of all real estate under barns, sheds, silos, cribs, greenkouses, and like structures, lakes, dams, ponds, streams, irrigation ditches and like facilities; but real estate under, and such additional real estate as may be actually used in connection with the farmhouse or home or any other structure not related to such special use shall be excluded in determin- ing such total area. 3. Ail structures which are located on real estate in agricultural use and the farmhouse or home or any other struc- ture not related to such special use and the real estate on which the farmhouse or home or such other structure is loca- ted, together with the additional real estate used in connec- tion therewith, shall be valued, assessed and taxed by the same standards, methods and procedures as other taxable structures and other real estate in the city. 4. In addition, such real estate in agricultural use shall be evaluated on the basis of fair market value as applied to other real estate in the city, and land book records shall be maintained to show both the use value and the fair market value of such real estate. C. Such application shall be on forms provided by the State Department of Taxation and supplied by the assessor of real estate and shall include such additional schedules, photographs, and drawings as may be required by the commis- sioner of revenue. An individual who is the owner of an un- divided interest in a parcel may apply on behalf of himself and the other owners of such parcel upon submitting an affi- davit that such other owners are minors or cannot be located. An application shall be submitted whenever the use or acreage of such land previously approved changes. A separate appli- cation shall be filed for each parcel on the land book. D. Upon receipt of any application, the assessor shall determine whether tke ~u~ject property meets the criteria for taxation hereunder. If the assessor determines that the sub- ject property does meet such criteria, he shall deter- mine the value of such property for its agricultural use, as well as its fair market value. In determining whether the subject property meets the criteria for "agricultural use" the assessor may request an opinion from the Commissioner of Agriculture and Commerce. Upon the refusal of the Commissioner of Agriculture and Commerce to issue an opinion, or in the event of an unfavorable opinion which does not comport with standards provided in SS58-769.9 of the Code of Virginia, 1950, the party aggrieved may seek relief from the circuit court of the city. If the court finds in favor of the aggrieved party, it may issue an order which shall serve in lieu of an opinion for the purposes of this section. E. The use value and fair market value of any qualifying property shall be placed on the land book of the commissioner of revenue before delivery to the treasurer and the tax for the next succeeding tax year shall be extended from the use value provided the city shall have in effect for such next succeeding tax year an ordinance adopted pursuant to the provisions of SS 58-769.6 of the 1950 Code of Virginia, as amended. F. There is hereby imposed a roll-back tax, and interest thereon, in an amount, if any, by which the tax paid or payable on the basis of the valuation, assessment and taxation under this section was exceeded by the taxes that would have been paid or payable on the basis of the valuation, assessment or taxation of other real estate in the city in the year of the change, plus simple interest on such roll-back taxes at the rate of six percentum per annum. In determining the roll-back taxes chargeable on real estate which has changed in use, the commissioner of revenue shall extend the real estate tax rates for the current year upon the difference between the value determined under subsection B-4 and the use value determined under subsection B-1 for such year. Liability to the roll-back taxes shall attach when a change in use occurs but not when a change in owner- ship of the title takes place if the new owner continues the real estate in the agricultural use for which it is classified under the conditions prescribed in this section. G. The owner of any real estate liable for roll- back taxes shall, within sixty days following a change in use, report such change to the commissioner of revenue on such forms as may be prescribed by the assessor. The commissioner of revenue shall forthwith determine and assess the roll-back tax, which shall be paid to the treasurer within thirty days of assessment. On failure to report within sixty days following such change in use or upon the failure to pay within thirty days of assessment, such owner shall be liable for an additional penalty equal to ten percentum of the amount of the roll-back tax and interest, which penalty shall be collected as a part of the tax. In addition to such penalty, there is hereby imposed interest of one-half percentum of the amount of the roll-back tax, interest and penalty, for each month or fraction thereof during which the failure continues. Any person making a material misstatement of fact in any application filed pursuant hereto shall be liable for all taxes, in such amounts and at such times as if such property had been assessed on the basis of fair market value as applied to other real estate in the taxing jurisdiction, together with interest and penalties thereon, and he shall be further assessed with an additional penalty of one hundred percentum of such unpaid taxes. H. The provisions of Title 58 of the Code of Virginia and of Chapter 1, 2 and 9 of Title VI of this Code, applicable to local levies and real estate assess- ment and taxation shall be applicable to assessments and taxation hereunder mutatis mutandis including, without limitation, provisions relating to tax liens and the correction of erroneous assessments, and for such purposes the roll-back taxes shall be considered to be deferred real estate taxes. I. Separation or split-off of a part of the real estate which is being valued, assessed or taxed under this section, either by conveyance or other action of the owner of such real estate for a use other than agricultural, shall subject the real estate so sepa- rated to liability for the roll-back taxes applicable thereon, but shall not impair the right of the remain- ing real estate to the continuance of such valuation, assessment and taxation provided it meets'the minimum acreage requirements and all other conditions of this section. J. Where contiguous real estate in agricultural use in one ownership is located partly within and partly without the city compliance with the minimum acreage or gross sales requirement shall be determined on the basis of the total acreage of such real estate and not the acreage located within the city. BE IT FURTHER ORDAINED that this ordinance shall take effect upon its passage as an ordinance and upon approval by the Governor of Virginia of House Bill No. 152, enacted by the House of Delegates January 29, 1976, and by the Senate February 25, 1976, to become SS58-769.6:1 of the 1950 Code of Virginia, as amended, for the tax year beginning January 1, 1976, and for the first year immediately following any annexation hereafter. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of March, 1976. No. 22767. A RESOLUTION repealing Resolution No. 22731 adopted February 23, 1976, which approved a public school Capital Improvement Program proposed by Roanoke City School Board and directed that certain court approval of said program be sought and obtained. BE IT RESOLVED by the Council of the City of Roanoke that Resolution No. 22731 entitled "A Resolution approving a public school Capital Improvement Program proposed by Roanoke City School Board and directing that certain court approval of said program be sought and obtained.", be and said resolution is REPEALED; and that an attested copy hereof be transmitted to the Chairman of the Board of Supervisors of Roanoke County. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of March, 1976. No. 22769. A RESOLUTION congratulating PATRICK HENRY HIGH SCHOOL of the City of Roanoke for winning the Western District, 3-A 1976 Basketball Championship. WHEREAS, it has come to the attention of this Council that the Patrick Henry Basketball Team, as a result of excellent coaching and the dedication and hard work of every member of the basketball team, won the championship game of the Western District 3-A Tournament on February 28, 1976. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does congratulate Patrick Henry High School of the City of Roanoke for winning the Western District, 3-A Basketball Championship, and that this Coun- cil does recognize the excellent coaching of Patrick Henry High School's basketball coaching staff and the dedication and hard work exhibited by every member of the Patrick Henry basketball team which resulted in the winning of said championship. BE IT FURTHER RESOLVED that the City Clerk be and she is hereby directed to transmit an attested copy of this resolution to Mr. John R. Graybill, Principal of Patrick Henry High School. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22763. AN ORDINANCE authorizing and directing the proper City officials to execu and deliver a certain deed of easement to Appalachian Power Company, providing a right-of-way for a certain underground electric line or lines from a point just west of the City's Fire Station No. 10 to the location of Piedmont Aviation, Inc.'s new fixed base operation facilities at Roanoke Municipal Airport, Woodrum Field. WHEREAS, the City Manager has recommended the granting of the easement herein authorized in order that Appalachian Power Company. may make available electric service to the site of Piedmont Aviation, Inc.'s new fixed base operation at Roanoke Municipal Airport, Woodrum Field, now under construction, in which recommendation this Council concurs. 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, for and on behalf of the City, to execute and to seal and attest, respectively, a deed of easement to Appalachian Power Company, conveying unto said Company a ten-foot wide right-of-way and easement approximately 1000 feet in length, with the right, privilege and authority to said corporation, its successors and assigns, to construct, erect, operate and maintain an underground electric line or lines for the purpose of transmitting electric power from Appalachian's existing transformer No. 205-25 on the City's Airport property just west of Fire Station No. 10 to the leased site of Piedmont Aviation, Inc.'s new fixed base operation now under construction at Roanoke Municipal Airport, Woodrum Field, the location of said underground electric power line being shown colored in red on print of Appalachian Power Company's Drawing No. R-1008, dated February 3, 1976, and entitled "Proposed Right of Way on Property of City of Roanoke, Roanoke Municipal Airport", 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 and that, thereafter, said deed of easement be delivered to the City's aforesaid grantee. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22766. AN ORDINANCE amending and reordaining Sec. 7. Telephone service of Chapter 3. Utility Service Tax, of Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, to be entitled Sec. 7. Telephone service; exemptions, providing for the exemption of charges for local exchange telephone services from the City's utility service tax. WHEREAS, the Director of Finance in a February 9, 1976 report to this Council recommended the City's utility tax ordinance be amended to exempt certain local exchange telephone service charges for station features from the City's utility tax, in which report the Council concurred. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 7. Telephone service, of Chapter 3. Utility Service Tax, of Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: Sec. 7. Telephone service; exemptions. (a) The tax hereby imposed and levied on the ~r- chasers with respect to local exchange telephone service shall apply to all charges made for local exchange tele- phone service except for the exemptions listed in subsec- tion (b) of this section. (b) The tax hereby imposed and levied by this chapter shall not apply to the following charges for local exchange telephone services: (1)local messages which are paid for by inserting coins in coin operated telephones. (2) PBX, Centrex and Multi-line Key Button systems furnished to commercial accounts. BE IT FURTHER ORDAINED that the City Clerk be and she is hereby directe~ to transmit an attested copy of this ordinance to Mr. C. L. Whitehurst, Jr., Manager, C & P Telephone Company, 360 Campbell Avenue, S. W., Roanoke, Virginia. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22768. AN ORDINANCE to authorize a project to provide, construct, improve, extend, enlarge and equip certain of the public schools of the City of Roanoke and to authorize the issuance and sale of general obligation bonds of the City of Roanoke in an aggregate principal amount not to exceed Ten Million Eight Hundred Fifteen Thousand Dollars ($10,815,000) pursuant to the Public Finance Act of Virginia, to provide funds to pay the costs of such project. WHEREAS, the City needs to provide and an order of the Circuit Court of the County of Roanoke entered May 10, 1975, in certain annexation proceedings then pending in said court has directed the City to provide certain additions, enlargements, extensions and improvements of and to certain of the public schools of the City of Roanoke, the cost of which must be paid for out of the proceeds of general obligations bonds of the City to be sold and issued as provided by this ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Council of the City of Roanoke (kereinafter referred to as the "City") hereby authorizes the undertaking by the City of a project (herein- after referred to as the "Project") to provide, construct, improve, extend, enlarge and equip certain of the public schools of the City of Roanoke to be owned by the City, as authorized by general law and subsections (25) and (31) of Section 2 and Section 56 of the Charter of the City. 2. Pursuant to Chapter 5 of Title 15.1 of the Code of. Virginia 1950, the same being the Public Finance Act, for the purpose of providing funds to pay the cost, as defined in the Public Finance Act, of the Project, there are hereby authorized to be issued and shall be issued general obligation bonds of the City in an aggregate principal amount not to exceed Ten Million Eight Hundred Fifteen Thousand Dollars ($10,815,000), which bonds shall be designated "General Obligation Public School Bonds, Series A- " (hereinafter referred to as the "Bonds"), with the series designation to be completed by the Director of Finance prior to the sale of the Bonds. The Bonds shall be of the denomination of $5,000 each; shall be numbered from 1 consecutively upward in order of maturity and shall bear interest at such rate or rates per annum as fixed by resolution of the Council at the time of sale thereof, provided that the rate or rates of interest borne by the Bonds shall not exceed the maximu~ rate permitted by law at the time of sale thereof. As shall be determined by the Director of Finance prior to the sale of the Bonds: the Bonds shall be dated as of a date not later than the date of delivery of and payment therefor; shall mature in substantially equal installments of principal, or substantially equal install- ments of both principal and interest, the first installment of principal to mature not later than three (3) years from the date of the Bonds and the last installment of principal to mature not later than thirty (30) years from the date of the Bonds; shall be payable both as to principal and interest at a place or places within or without the Commonwealth of Virginia, or both; and may be subject to redemption prior to the stated maturities thereof at the option of the City at any time on or after ten (10) years from the date thereof at redemption premiums not exceeding four per centum (4%) of the principal amount redeemed, upon such notice of redemption as is provided in the form of the Bonds hereinafter set forth. The interest payable upon the Bonds shall be payable on such dates, commencing not later than one year from the date of the Bonds and semi-annually thereafter, as shall also be determined by the Director of Finance prior to the sale of the Bonds. All such details shall be subject to ratification by the Council at the time of sale of the Bonds. The Council reserves the right to change, prior to the sale of the Bonds, any or all of the foregoing limitations on the details of the Bonds. Upon authorization by the Council the Bonds shall be offered for sale for not less than the par value thereof, after publication of a notice of such sale not less than five days prior to such ~ale in a newspaper of general circulati. in the City and, if deemed advisable, in a financial journal published in the City of New York, New York. 3. The Bonds shall be signed in the na~e of the City by the facsimile signature of the Mayor, ~shall bear a facsimile of the seal of the City attested by the fascimile signature of the City Clerk, and shall be authenticated by the manual signature of the City Treasurer. The coupons attached to the Bonds shall be signed in the name of the City by the facsimile signature of the City Treasurer, which shall be recognized by the City as having the same legal effect as if such signature had been written upon each coupon by the City Treasurer. The Bonds and the coupons to be attached thereto shall be in substantially the following form, with the text which is in brackets to be inserted in the Bonds if applicable to the details of the Bonds as finally fixed: UNITED STATES OF AMERICA NUMBER NUMBER $5,000 $5,000 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE General Obligation Public School Bond Series "A- " KNOW ALL MEN BY THESE PRESENTS, that the CITY OF ROANOKE, a municipal corporation created and organized under the laws of the Commonwealth of Virginia, for value received, acknowledges itself indebted and promises to pay to the bearer hereof the principal su~ of FIVE THOUSAND DOLLARS .n ($5,000), payable on the day of , 19 , with interest at the rate of per centum ( %) per annum, payable and semi-annually thereafter on the day of and the day of of each year upon the surrender of the respective coupons attached hereto as they severally become due. Both the principal sum hereof and the interest hereon are payable in lawful money of the United States of America at the principal office of in , , or, at the option of the holder of this bond and said coupons, at the principal office of , in , . This bond is one of an issue of bonds of like date, denomina- tion and tenor, except as to number, interest rate and maturity. This bond and the bonds of the issue of which it is one are issued for the purpose of providing funds to pay the cost of a project to provide, construct, improve, extend, enlarge and equip certain of the public schools of the City of Roanoke, under and pursuant to, and in full compliance with, the Constitution and statutes of the Commonwealth of Virginia, including Chapter 5 of Title 15.1 of the Code of Virginia 1950, and an ordinance and resolution of the Council of the City of Roanoke duly adopted under said Chapter 5 on and , respectively. [The bonds of the issue of bonds of which this bond is one maturing on and after shall be subject to redemption at the option of the City of Roanoke prior to their stated maturities on and after , in whole at any time, or in part from time to time on any interest payment date in the inverse order of their maturities, at the redemption price with respect to each bond, expressed as a percentage of the principal amount redeemed, set forth below, together with the interest accrued thereon to the date fixed for redemption: Period During which Redeemed Redemption (both dates inclusive) Price If at any time less than all the bonds of the issue of bonds of which this bond is one of any given maturity are called for redemption, the particular bonds of such maturity to be redeemed shall be selected by lot.] [If this bond is redeemable and shall be called for redemption, notice of the redemption hereof, specifying the designation, date, number and maturity of this bond, the date fixed for its redemption and the redemption price payable upon such redemption, shall be given by publication of such notice once in a daily newspaper printed in the English language and customarily published on each business day and of general circulation in the City of Roanoke, Virginia, and once in at least one daily newspaper or financial publication printed in the English language and customarily published on each business day in the City of New York, New York, the date of publication of such notice in any case to be at least thirty days prior to the date fixed for redemption. If this bond shall be called for redemption and notice of such redemption duly given as aforesaid, and if on or before the redemption date the payment of the redemption price shall have been duly made or provided for, then this bond shall become due and payable upon such redemption date and interest hereon shall cease from and after the date so specified for the redemption hereof.] The full faith and credit of the City of Roanoke is hereby pledged to the payment of the principal of and interest on this bond, and an ad valorem tax shall be levied on all the taxable property of the City of Roanoke sufficient to pay said principal and interest as the same become due and payable. It is hereby certified, recited and declared that the issue of this bond is made in strict conformity with the Constitution and statutes of the Commonwealth of Virginia, and ordinances and resolutions of the City of Roanoke authorizing the same; and that all acts, conditions and things required to exist, happen and be performed precedent to and in the issue of this bond have existed, happened and been performed in regular and due time, form and manner, as required by law; and that this issue of bonds, including all other indebtedness of said City, does not exceed any Constitutional or statutory limitation of indebtedness. IN TESTIMONY WHEREOF, the CITY OF ROANOKE has authorized and caused this bond to be signed in its name by the facsimile signature of its Mayor and a facsimile of the said City's corporate seal to be made to appear hereon, attested by the facsimile signature of its City Clerk, and to be authen- ticated by the manual signature of the City Treasurer, and the coupons hereto attached to be signed in its name by the facsimile signature of the City Treasurer, and this bond be dated the day of , 19 . CITY OF ROANOKE City of Roanoke ATTEST: Seal By Mayor City Clerk City Treasurer Coupon No. (FORM OF COUPON) On the day of · [unless the bond hereinafter mentioned shall be subject to prior redemption and shall have been called for previous redemption and payment of the redemption price duly made and provided for,] the CITY OF ROANOKE, Virginia, will pay to the bearer at the principal office of , in , , or, at the option of the holder, 195 the principal office of DOLLARS ($ Public School Bond, Series "A- " dated the 19 , and numbered . CITY OF ROANOKE, , in ), being the interest then due on its General Obligation day of By City Treasurer 4. The full faith and credit of the City shall be and is hereby pledged to the payment of the principal of and interest on the Bonds as the same become due. For the payment of such principal and interest, the City shall have power and be obligated to levy ad valorem taxes without limitation as to rate or amount on all the property subject to taxation by the City. 5. The City hereby covenants with the holders from time to time of the Bonds as hereinafter set forth in this paragraph. No use of the proceeds of the Bonds shall be made which, if such use had been reasonably expected on the date of issue of the Bonds, would have caused the Bonds to be "arbitrage bonds", within the meaning of Section 103(d)(2) of the U. S. Internal Revenue Code of 1954. The City shall comply with the requirements of said section of said Internal Revenue Code and the applicable regulations of the Internal Revenue Service adopted thereunder so long as any Bond is outstanding. 6. The City Clerk shall and is hereby directed to certify and file a copy of this ordinance with the Circuit Court of the City of Roanoke, Virginia, and publish a notice in The World-News, a newspaper of general circulation in the City, all in accordance with Section 15.1-199, Code of Virginia, 1950. The form of the notice to be published shall be substantially as follows: "LEGAL NOTICE Notice is given pursuant to Section 15.1-199 of the Code of Virginia 1950, that the City of Roanoke, Virginia, on , 1976, filed with the Circuit Court of the City of Roanoke, Virginia, a certified copy of an ordinance adopted by the Council of the City of Roanoke on 1976, providing for the issuance of General Obligation Public School Bonds, Series "A- "of the City of Roanoke in an aggregate principal amount not to exceed $10,815,000, the proceeds of which will be expended or applied to provide, construct, improve, extend, enlarge and equip certain public schools of the City of Roanoke to be owned by the City of Roanoke. CITY OF ROANOKE City Clerk". 7. This ordinance shall take effect from and after ten days from the date of passage. ATTEST: APPROVED 196 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22770. AN ORDINANCE authorizing and providing for the sale by the City of Roanoke of two certain lots on the north side of Roanoke Avenue, S. W., being Lots No. 1322011 and 1322012 as shown on the Tax Appraisal Map, to Contracting Enterprises, Incorporated, upon certain terms and conditions, including the conveyance to the City by Contracting Enterprises, Incorporated, of certain perpetual easements for storm drain and sanitary sewer rights-of-way and its provision of said storm drain facility. WHEREAS, upon offer made to the City, the Council's Real Estate Committee has recommended the City's sale of the two surplus lots of land hereinafter described for a purchase price of $4,000.00, cash, but with certain easements for a public storm drain line and for a sanitary sewer line to be conveyed to the City out of property adjoining said lots and with agreement to be had between the City and the purchaser of said lots as to the relocation and construction of storm drain lines and sanitary sewer lines in said easement areas; in which proposal and recommendation this council concurs. THEREFORE, BE I~ ORDAINED by the Council of the City of Roanoke that the City of Roanoke do sell and convey to Contracting Enterprises, Incorporated, in fee simple, for a consideration of $4,000.00, cash, to be paid upon delivery of deed of conveyance and upon conveyance to the said City by said purchaser of perpetual easements for a public storm drain and for a public sanitary sewer main or line, for each of Which are to be provided 15-foot wide parallel and adjoining right-of-way as are shown on Plan No. 5476, prepared in the office of the City Engineer under date of February 24, 1976, those two (2) certain lots or parcels of land owned by the City of Roanoke and situate on the north side of Roanoke Avenue, S. W., known as Lots 12 and 13 according to the map of the property of J. T. Bandy of record in Deed Book 407, page 201, in the Clerk's Office of the Circuit Court of the City of Roanoke, and designated on the Tax Appraisal Map of the City of Roanoke as Official Nos. 1322011 and 1322012, respectively, the City to reserve, however, in Lots 12 and 13 necessary perpetual easements for portions of the aforesaid lines as the same are shown located on Plan No. 5476, aforesaid, and the City's purchaser of said lots to agree and bind itself to provide and install at its expense a 54-inch public storm drain in the aforesaid 15-foot wide storm drain right-of-way heretofore mentioned and as shown on the aforesaid plan, said storm drain to be constructed in full accordance with plans and specifications prepared by the City Engineer, with proper connections of said storm drain to existing storm drain facilities at each end, all of the same to be accomplished in manner and at such time as it is satisfactory and acceptable to the said City Engineer; and the City to agree to construct and install a new public sanitary sewer line in the 15- foot wide right-of-way to be provided for that facility and located as shown on aforesaid Plan No. 5476, the manholes for said sanitary sewer line to be located and constructed at such elevations as will tend to reasonably facilitate said purchaser's use and development of the land through which said sewer line extends; the time at which the aforesaid storm drain line and said sanitary sewer line shall be provided to be as directed by the City Manager. BE IT FURTHER ORDAINED that the Mayor and the City Clerk are hereby authorized and empowered on behalf of the City of Roanoke to execute and to seal and attest, respectively, the City's deed of conveyance of said two (2) lots to the aforesaid purchaser, said deed to be prepared and approved by the City Attorney and to be made with the City's Special Warranty of title and with reservation of the easements above referred to, and that so executed and acknowledged and upon receipt by the City of the $4,000.00 purchase price, aforesaid and delivery to the City of good and sufficient deed of easement providing permanent rights-of-way in said other properties for the two (2) aforesaid lines, approved as to form by the City Attorney, and upon adequate provision being made or agreed upon as to construction and provision of the aforesaid storm drain, the City's aforesaid deed of conveyance shall be delivered to said purchaser. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22771. AN ORDINANCE to amend and reordain Section #102, "City Clerk," 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 #102, "City Clerk," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY CLERK #102 Advertising (1) ......................... $7,200.00 Not previously appropriated (1) Net increase. -$2,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 19,8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22772. 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 Contractual Services (1) ............... $5,000.00 Not previously appropriated (1) Net increase $5,000.00 *Two-thirds reimbursed by State 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 15th day of March, 1976. No. 22773. A RESOLUTION initiating and providing for the permanent closing, vacating, discontinuing and abandonment of that certain portion of Larchwood Street, N. E., 50 feet in width, extending from the south line of Thurston Avenue, N. E., in a southerly direction 196.77 feet, more or less, to where the said Larchwood Street, N. E., was previously closed and vacated on December 12, 1960, Ordinance No. 14261, Ordinance Book 24, page 306, said street being shown on Sheet 311 of the City's Tax Appraisal Map, and also that certain portion of Indiana Avenue, N. E., 60 feet in width, extending from the westerly line of Kimball Avenue, N. E. (formerly Patrick Henry Drive), in a westerly direction 456.10 feet, more or less, to a point, said avenue being shown on Sheet 307 of the City's Tax Appraisal Map; appointing viewers to view the said street and avenue; requesting the City Planning Commission to make a study and recommendation of said proposals; and providing for a public hearing on the said proposals. WHEREAS, Wilson Trucking Corporation and Gimbert Associates, Inc., have moved this Council and have initiated proceedings to close, vacate, dis- continue and abandon, permanently, that certain portion of Larchwood Street, 199 N. E., extending from the south line of Thurston Avenue, N. E., in a southerly direction 196.77 feet, more or less, to where Larchwood Street, N. E., was previously closed and vacated, and also that certain portion of Indiana Avenue, N. E., extending from the westerly line of Kimball Avenue, N. E., in a westerly direction 456.10 feet, more or less, to a point, alleging that said portions of the said street and avenue are no longer needed nor desirable for use as a public thoroughfare, pursuant to Section 15.1-364 of the Code of Virginia, 1950, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it accept the motion or application of Wilson Trucking Corporation and Gimbert Associates, Inc., pursuant to the provisions of Section 15.1-364 of the Code of Virginia of 1950, as amended, to permanently close, vacate, discontinue and abandon as a public street and avenue, in the City of Roanoke, Virginia, the following: That certain portion of Larchwood Street, N. E., 50 ft. in width, extending from the south line of Thurston Avenue, N. E., in a southerly direction 196.77 feet, more or less, to where the said Larchwood Street, N. E., was previously closed and vacated on December 12, 1960, Ordinance No. 14261, Ordinance Book 24, Page 306, said street being as shown on Sheet 311 of the City's Tax Appraisal lviap; Also That certain portion of Indiana Avenue, N. E., 60 ft. in width, extending from the westerly line of Kimball Avenue, N. E., (formerly Patrick Henry Drive), in a westerly direction 456.10 feet, more or less, to a point, said avenue being as shown on Sheet 307 of the City's Tax Appraisal Map. BE IT FURTHER RESOLVED that this matter be referred to the City Planning Commission for study, report and recommendation thereon to the Council, and that pursuant to the provision of the law for such cases made and provided, Messrs. James E. Kidd, Ralph B. Patterson and Andrew S. Purcell are hereby appointed viewers in accordance with the aforesaid statute, to view the said street and avenue 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 as soon thereafter as the said Planning Commission and the said viewers have rendered their written report to this Council, and that the Clerk shall cause a proper notice of said hearing to be advertised in one of the newspapers published in this City and also after the land proprietors affected thereby, along the street and avenue proposed to be vacated and closed, have been notified prior to the said public hearing of Council. APPROVED ATTEST: City Clerk Mayor 200 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22774. AN ORDINANCE to amend and reordain Section #540, "Title XX," 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 #540, "Title XX," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TITLE XX #540 Day Care for Children Developmentally Disabled (1) ......... $ 9,840.00 Day Care for Adults Developmentally Disabled (2) ......... 12,343.00 Not previously appropriated (1) Net increase (2) Net increase $ 9,840.00 12,343.00 *(1) $2,706.00 to be reimbursed by Mental Health Services of Roanoke Valley (2) $3,394.00 to be reimbursed by Mental Health Services of Roanoke Valley BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22775. AN ORDINANCE to amend and reordain Section #540, "Title XX," 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 ~540, "Title XX," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TITLE XX #540 Unified Human Services Transportation Systems, Inc. (1) ......................... $21,332.00 Not previously appropriated (!) Net increase $21,332.00 *$5,333.00 to be reimbursed by RADAR; balance to be reimbursed from Title XX funds 201 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22776. AN ORDINANCE to amend and reordain Section #664, "Buildings Maintenance," 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 #664, "Buildings Maintenance," of the 1975-76 Appropriation Ordinance, De, and the same is hereDy, amended and reordained to read as follows, in part: BUILDINGS MAINTENANCE #664 Salaries and Wages (1) .............. $876,246.50 Overtime (2) ........................ 47,000.00 Transfer (1) Net decrease ........... $20,000.00 (2) Net increase - 20,000.00 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 15th day of March, 1976. No. 22777. AN ORDINANCE to amend and reordain Section #116, "Circuit Court," 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 #116, "Circuit Court," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: '2 0 2 CIRCUIT COURT 9116 Other Equipment (1) ................ $3,050.00 (1) Net decrease $2,758.36 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22778. 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: CIRCUIT COURT EQUIPMENT 9916 Other Equipment (1) ................ $3,471.36 Not previously appropriated (1) Net increase $1,918.36 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 203, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22779. A RESOLUTION expressing the intention of the Council of the City of Roanoke to construct, erect and provide a new courthouse and courts facility in the City as expeditiously as practicable. WHEREAS, the Council of the City of Roanoke, recognizing in the City the need for a new courthouse and courts facility, has heretofore acquired certain property as a site for such new courthouse and courts facility, and intends to construct on such site a new courthouse and courts facility as expeditiously as practicable. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby express its intention and doth commit the City to proceed with the construction and erection of a new and adequate courthouse and courts facility in the City on a site heretofore acquired for the purpose as expeditiously as practicable and as soon as funds for the purpose become available. BE IT FURTHER RESOLVED that the City Clerk be and she is hereby directed to forthwith forward attested copies of this resolution to the Judges of the Circuit Court of the City of Roanoke. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22780. A RESOLUTION authorizing the City Manager to inform the Naval Facilities Engineering Command of the Department of the Navy of the City's intent to donate nine acres of land located at Roanoke Municipal Airport, Woodrum Field, to the Department of the Navy, for use as a reserve training center. WHEREAS, the City Manager in his March 15, 1976 report to this Council recommended that this Council authorize the City Manager to inform the Department of the Navy of the City's intent to donate nine acres of land at the airport to the Department of the Navy for use as a reserve training center. 2,04 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to inform the Naval Facilities Engineering Command of the Department of the Navy of the City's intent to donate nine acres of land located at Roanoke Municipal Airport, Woodrum Field, to the Department of the Navy for use as a reserve training center. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit an attested copy of this resolution to Capt. Paul D. Olson, Acting Commander of the Atlantic Division, Naval Facilities Engineering Command at Norfolk, Virginia. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22781. AN ORDINANCE authorizing and directing the Mayor and the City Clerk, for and on behalf of the City of Roanoke, to execute an amendment to a contract for street lighting between the Appalachian Power Company and the City of Roanoke, dated the 1st day of January, 1973, and approved by City Council at its regular meeting on February 5, 1973, to accept, on behalf of said City, said company's offer to furnish the City electric current for 32 street lights located in the Blue Ridge Park for Industry and not otherwise provided for in said agreement, at a rate and upon the conditions hereinafter provided; and providing for an emergency. WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute an amendment to a contract for street lighting between the Appalachian Power Company and the City of Roanoke, dated the 1st day of January, 1973, and approved by City Council at its regular meeting on February 5, 1973, a copy of which contract is on file in the Office of the City Clerk, to accept, on behalf of said City, said company's offer to furnish the City electric current for 32 street lights located in the Blue Ridge Park for Industry and not otherwise provided for in said contract, at a rate of four dollars and twenty-five cents ($4.25) per light per month, upon the terms and conditions set out in said company's written offer dated January 8, 1976, executed on behalf of said company by D. C. Kennedy, Division Manager, a copy of which is on file in the Office of the City Clerk. BE IT FURTHER ORDAINED that an emergency is declared to exist, and this Ordinance shall be in full force from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22782. AN ORDINANCE providing for the purchase of various vehicular and related 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, and rejecting all other such bids; providing for the issuance of requisite purchase orders for all such equipment; and providing for an emergency. v~'~~, on F~Dr~ary 20, ~976, a~,d 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 in the Civil Defense Conferenc 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 through the City Manager; and WHEREAS, in inviting offers to bid for supply of said equipment broad, general specifications were stated by the City for all such equipment but, because of the nature of the equipment and variations thereof between various manufacturers of the same bidders were invited and required to state wherein the equipment offered to be supplied could not meet the exact specifications so stated, so that analysis and comparison of all such bids might be made and that equipment might be purchased that would best meet the needs of the City and be to its best interests; 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 the Council, considering all of the same, has determined that the bids hereinafter accepted are the best bids meeting the City's broad and general 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. 2O5 206 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bids in writing of the following na~ed bidders, made to the City and opened on February 20, 1976, to furnish to the City the vehicular and related equipment hereinafter set out by item number and generally described but more particularly described in the City's specifications and in said named bidders' proposals, be and are hereby ACCEPTED, at the purchase prices set out with each said item and the name of each successful bidder thereon, viz: Item No. Quantity and Successful Description Bidder Total Purchase Price 1 2 1/2'ton cabs and chassis -Alt.b & c. Magic City Motor Corporation 8,998.00 1-A 2 new utility bodies General Welding & Machine Co. 1,950.00 1 3/4-Ton cab/ chassis - Alt. b,c and d Dickerson, GMC, Inc. 4,769.00 2-A 3 1 new utility body General Welding & Machine Co. 9 Cabs/chassis for dump bodies Magic City Motor Corporation 1,230.00 154,.926.00 3-A 9 dump bodies General Welding & Machine Co. 20,700.00 4 new cab/chassis for rear-loading refuse packers Fulton White Truck Company, Inc. 121,092.80 4-A 4 new rear loading refuse bodies 20 Cubic Yard hi-compac- tor Capital Equipment Company, Inc. 44,088.00 5 2 new cab/chassis for front loading refuse collection Truck Sales, Inc., bodies - Alt. A. 63,606.00 5-A 2 new Front loading refuse collection bodies Mid-State Equipment Company 31,530.00 6 1 new cab/chassis for street flusher Alt. a and d. Truck Sales, Inc., 31,996.00 6-A 1 new street flusher Alt. B. A.E. Finley and Associates of Virginia, Inc. 10,420.00 7 1 new cab/chassis for Flat Bed Dump Alt. a. Magic City Motor Corporation 9,913.00 7-A Modify and mount one (1) Flat Bed owned by City of Roanoke General Welding and Machine Company, Inc. 1,045.00; all of the aforesaid vehicular and related equipment to be delivered to the City f.o.b. Roanoke, in accordance with the City's general specifications and with the successful bidders' respective proposals and within the delivery times set out in said proposals; and the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue requisite purchase orders therefor, incorporating into said orders the City's aforesaid general specifications, the terms of said bidders' proposals and the terms and provisions 20'7 of this ordinance; the cost of said equipment, 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 equipment and upon the City's acceptance of the same as being in accordance with the bid accepted and purchase order awarded, the Director of Finance shall be, and he is hereby authorized and directed..to make requisite paYment of the aforesaid purchase prices to each said successful bidder, not to exceed the sums hereinabove set out. BE IT FURTHER ORDAINED that all other than the aforesaid bids made for supply of the within described items of equipment be, and said other bids are hereby REJECTED, and the City Clerk shall so notify each said other bidder and 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22784. A RESOLUTION expressing the Council's support for the request by Friendship Manor to the State Health Commissioner and State Board of Health for the appropriate certification for a 120-bed expansion of the Friendship Manor Convalescent Center. WHEREAS, this Council has been advised of the real need for additional facilities for convalescent care in the Roanoke Valley, and further, that Friendsh~ Manor is well prepared to provide such needs provided that appropriate certificatic be granted by the State Health Commissioner; and WHEREAS, this Council considers it to be in the best interest of the Roanoke Valley that such certification be granted. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council supports the request by Friendship Manor to the State Health Commissi¢ and State Board of Health for the appropriate certification for a 120-bed expansio~ of the Friendship Manor Convalescent Center as being in the best interest of the citizens of Roanoke Valley. ~er 208 BE IT FURTHER RESOLVED that the City Clerk be and she is hereby directed to send attested copies of this resolution to the Governor of the Commonwealth of Virginia, the Roanoke Valley Health Planning Council and the State Health Commissioner. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22785. A RESOLUTION authorizing and directing that certain proceedings be instituted and conducted to validate certain general obligation bonds of the City of Roanoke, heretofore authorized by the City Council by Ordinance Nos. 21044, 22391, 22690 and 22768, pursuant to the Public Finance Act, to provide funds for certain ne~eded public improvements. BE IT RESOLVED by the Council of the City of Roanoke, the Public Finance Act so providing, that the city attorney be and he is hereby a'utnorized and directed to bring and conduct in the Circuit Court of the City of Roanoke proceedings, on behalf of the Mayor and the Members of the Council of the City of Roanoke, said City's governing body, to have adjudged valid (a) the $5,500,000 general obligation bonds of the City of Roanoke authorized by Ordinance Nos. 21044 and 22391 to be sold and issued to provide funds to defray the cost of certain off-street parking permanent public improvements for said City; and (b) the $6,000,000 of general obligation bonds of said City authorized by Ordinance No. 22690 to be sold and issued to provide funds to defray the cost of certain jail permanent improvements for said City; and (c) $10,815,000 of general obligatio bonds of the City authorized by Ordinance No. 22768 to be sold and issued to provide funds to defray the cost of certain public school permanent public improvements; and said city attorney is hereby authorized and empowered to take such actions and to sign, in the name and on behalf of the Mayor and the Members of the Council of the City of Roanoke, such motions, petitions and other pleadings and papers as may, under the provisions of the Public Finance Act or other general or special law, be applicable or be required in the premises. APPROVED ATTEST: City Clerk Mayor 2O9 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22786. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements 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 Section #889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND 9889 Annexation School Improvements (1) ....... $97,000.00 Not previously appropriated (1) Net increase ................ $97,000.00 *To be returned to General Fund pending sale of bonds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1976. No. 22787. A RESOLUTION recommending continuation of the Regional CATV Committee composed of representatives of the City of Roanoke, Roanoke County and the Town of Vinton; and confirming the membership of certain representatives of the City of Roanoke on said committee. WHEREAS, this Body senses a need that the Regional CATV Committee be continued, so as to be available to consider and advise their respective governing bodies upon matters and questions which may from time to time arise in connection with the franchises recently awarded by the City of Roanoke, the County of Roanoke and the Town of Vinton to construct and operate a coordinated cable television system in those three (3) jurisdictions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body recommends continuation of the joint Regional CATV Committee hereto- fore provided by this Council and the governing bodies of the County of Roanoke and the Town of Vinton and, said Regional CATV Committee being agreed to be continued by said other governing bodies, this Council confirms as the City of Roanoke's members and representatives upon said committee the Honorable Robert A. Garland, the Honorable Nicholas F. Taubman and the Honorable Hampton W. Thomas, each of whom is a member of this Council. BE IT FURTHER RESOLVED that attested copies of this resolution be transmitted by the City Clerk to the Chairman of the Board of Supervisors of Roanoke County and to the Mayor of the Town of Vinton. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of March, 1976. No. 22783. AN ORDINANCE providing for the lease of a certain 3.63 acre parcel of land at Roanoke Municipal Airport, Woodrum Field, to Mr. T. Edward Taylor, Sr., and Mrs. Shirley F. Taylor, upon certain terms and conditions. WHEREAS, the City Manager in a report dated March 8, 1976, advised this Council that Mr. T. Edward Taylor, Sr., and Mrs. Shirley F. Taylor, trading as the "Circle T. Mobile Home Community" had requested to enter into a written lease agreement with the City to lease a certain 3.63 acre parcel of land situate at Roanoke Municipal Airport, Woodrum Field, for a term of five (5) years upon certain terms and conditions. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby authorized to enter into a written lease agreement, on form approved by the City Attorney, with Mr. T. Edward Taylor, Sr., and Mrs. Shirley F. Taylor, trading as "Circle T. Mobile Home Community" for a term of five (5) years, to lease that certain 3.63 acre parcel of land on Thirlane Road at Roanoke Municipal Airport, Woodrum Field, as shown on a plat attached to the aforesaid City Manager's report on file in the Office of the City Clerk, said agreement to provide for a rental fee of Two Hundred Dollars ($200.00) per month for the first year, Two Hundred Fifty Dollars ($250.00) per month for the second year, and Three Hundred Dollars ($300.00) per month for the remaining three years; to provide for said agreement not to be assigned; and to provide for either party to have the option of can- cellation of said agreement upon one hundred twenty (120) days written notice. APPROVED ATTEST: ~_ /_ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of March, 1976. No. 22788. A RESOLUTION approving employment of two (2) new deputies in the office of the Sheriff of the City of Roanoke, to fill vacancies to be created by the retirement of two (2) deputies from that office. WHEREAS, by communication of the Sheriff of the City of Roanoke dated March 15, 1976, to this Council, this Body was advised of the pending retirement of two deputies in the office of said Sheriff to be effective March 31, 1976, and of the Sheriff's real need to replace these deputies; in which proposal this Council concurs; and WHEREAS, current funds for payment of the compensation fixed for said positions has heretofore been approved by the Compensation Board and by this Council for the current fiscal year. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body approves the employment and appointment by the Sheriff of the City of Roanoke of two new persons as deputies in the office of said Sheriff to De effective april i, i976, to fill the vacancies to be created b~ the retirement to be effective March 31, 1976, of two deputies from that office, and that the Compensation Board of the Commonwealth of Virginia be advised of such approval by the City Clerk's transmittal of an attested copy of this resolution to said Compensation Board. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of March, 1976. No. 22789. AN ORDINANCE to amend and reordain Section #122, "Commonwealth's Attorney," 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 9122, "Commonwealth's Attorney," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY 9122 Travel Expense and Education (1) ........... $3,623.14 Not previously appropriated (1) Net increase $305.73 2,12 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 22nd day of March, 1976. No. 22790. AN ORDINANCE to amend and reordain Section #658, "Street Maintenance," and Section 9661, "Street Lighting," 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 ~65~, "Street Maintenance," and Section #661, "Street Lighting," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: STREET MAINTENANCE #658 Other Equipment (1) .................... $248,224.00 STREET LIGHTING #661 Utilities and Communications (2) ....... 379,000.00 Building and Fixed Equipment (3) ....... 38,000.00 Transfer (1) Net decrease ...... $ 7,000.00 (2) Net decrease 6,000.00 (3) Net increase 13,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 213, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of March, 1976. No. 22791. AN ORDINANCE to amend and reordain Section #658, "Street Maintenance," and Section #889, "Transfers to Capital Improvements 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 Section #658, "Street Maintenance," and Section #889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: STREET MAINTENANCE #658 Other Equipment (1) ................. $240,224.00 TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Northwest Fire Station (2) .......... 8,000.00 Transfer (1) Net decrease .......... $8,000.00 (2) Net increase. 8,000.00 BE I~ F~R~ OR~AI~D that, an emergency existing, 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 March, 1976. No. 22792. AN ORDINANCE to amend and reordain Section #666, "Grounds Maintenance," 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 #666, "Grounds Maintenance," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: GROUNDS MAINTENANCE #666 Extra Help (1) ...................... $ 300.00 Supplies and Materials (2) .......... 48,300.00 Transfer (1) Net decrease $3,700.00 (2) Net increase 3,700.00 2'14 BE IT FURTHER ORDAINED that, an emergency existing, 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 March, 1976. No. 22793. AN ORDINANCE to amend and reordain Section #540, "Title XX," 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 #540, "Title XX," of the 1975-76 Appropriation Ordinance, be, and the s~ue is nere~y, al~n~ea anu reor~aine~ to read as follows, in part: TITLE XX #540 Planned Parenthood Services (1) .......... $2,004.40 Not previously appropriated (1) Net increase. $2,004.40 *25% provided by Planned Parenthood of Roanoke Valley, Incorporated 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 22nd day of March, 1976. No. 22794. AN ORDINANCE to amend and reordain Section #116, "Circuit Court," 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 #116, "Circuit Court," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 215, ATTEST: CIRCUIT COURT #116 Local Cash Match (1) ................. $1,996.01 Not previously appropriated (1) Net increase -$1,918.36 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 22nd day of March, 1976. No. 22795. A RESOLUTION approving issuance of certain building permits pursuant to Sec. 114.10 of the BOCA Basic Building Code/1975, as amended. WHEREAS, JCM Construction, Inc., representing itself to be owner of the lots of land hereinafter mentionea, situate in a n~wiy annexed area of the City not heretofore 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 units identical to ten units constructed heretofore on the opposite side of the street prior to the annexation of said property to the City of Roanoke, said lots and the area immediately adjacent thereto having been zoned for multi-family use by the County of Roanoke prior to such annexation; and WHEREAS, the City Manager and the Director of Planning have advised that said lots would, when under later consideration for orderly reclassification under the City's Zoning Ordinance after annexation, be recommended by them to be reclassified for RG-1 General Residential District and subject to the regulations provided in the City's Zoning Ordinance for that district, and that, in their opinion, building permits should be authorized which would permit of principle use of said lots as under RG-1 General Residential District regula- tions and of such special exceptions as might be authorized by the Board of Zoning Appeals. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Body approves issuance by the Building Commissioner to JCM Construction, Inc., of building permits applicable to lots 4A, 4B, 4C, 4D and 4E, according to Map No. 4 of Golfside Villas, being a redivision of the northeast part of Lot 7, Block 10, Map of Arrow Wood, situate on the north side of Ranch Road, N. W., in the City, said permits authorizing construction on and use of said lots in accordance with the regulations contained in the City's Zoning Ordinance, 216 its Building Code and other general ordinances applicable in the premises, and authorizing such special exceptions in use as may need be determined by the Board of Zoning Appeals for such district. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of March, 1976. No. 22796. AN ORDINANCE authorizing and providing for lease by the City of certain property located at 4308 Appleton Avenue, N. W., in an area recently annexed to the City, from the owners of said property, to be used as a temporary fire station for the City's Fire Department, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager has reported to the Council that it is necessary to'provide temporary fire stations in the areas annexed to the City January 1, 1976, and a building which is or will be made suitable for such purpose is available at 4308 Appleton Avenue, N. W., in an area recently annexed to the City of Roanoke, and recommends that the City enter into a lease with the owner of said building to lease same, upon certain terms and conditions, 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 to enter into a written Deed of Lease on behalf of the City with Leonard T. Gilbert and Louise C. Gilbert, of property and building at 4308 Appleton Avenue, N. W., for use as a temporary fire station to serve a portion of the area annexed to the City January 1, 1976, the owners of said property to provide in said building sleeping, kitchen and toilet facilities and appropriate climate control equipment; said lease to be for a term of three (3) years, at an annual rental of $13,200.00, payable in monthly installments of $1,100.00, commencing April 1, 1976, or as soon thereafter as occupancy is available to the City, and terminating March 31, 1979, with an option to renew as provided in said lease; such lease to contain such other reasonable terms and provisions as may be approved by the City Manager and to be, otherwise, upon such form as is approved by the City Attorney. 21;7 BE IT FURTHER ORDAINED that, an emergency existing, 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 March, 1976. No. 22799. A RESOLUTION concurring with the recommendations contained in report of the Airport Advisory Commission, establishing by reference the rates, rules and regulations relative to the sale of advertising space at Roanoke Municipal Airport, Woodrum Field, as set out in attachments to said report; and authorizing the City Manager through the Airport Manager to sell advertising space at the Airport. WHEREAS, the Airport Advisory Commission by report made under date of March 22, 1976, has recommended to the Council that it establish, certain rates as set out in attachments to said report for advertising space at the Roanoke Municipal Airport, Woodrum Field, and that the City Manager through the Airport Manager be authorized to sell advertising space at the Airport upon a form of agreement approved by the City Attorney. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth concur in the recommendations of the Airport Advisory Com- mission as set out in the Commission's March 22, 1976, report to this Council, that the rates, rules and regulations in reference to the sale of advertising space at Roanoke Municipal Airport, Woodrum Field, as set out in the attachments to said report to be established by reference, and that the City Manager through the Airport Manager be and is hereby authorized to sell advertising space at the Airport upon a form of agreement approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor 218 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of March, 1976. No. 22800. A RESOLUTION authorizing and directing the Sheriff of the City of Roanoke~to impose and collect a per diem charge for each prisoner housed in the Roanoke City jail pursuant to direction or request of any political subdivision other than the City; upon certain terms and conditions. WHEREAS, it has heretofore been reported to the Council that a number of prisoners from political subdivisions other than the City of Roanoke are being housed in the Roanoke City jail and that the City is bearing the entire cost of housing all such prisoners without any reimbursement of such costs from such other political subdivisions; and WHEREAS, the Council deems it fair and just to require that other political subdivisions using the Roanoke City jail for the purpose of housing prisoners of such other political subdivisions pay a reasonable per diem rate to the City for the housing of such prisoners. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Sheriff of the City of Roanoke be; and he hereby is, authorized and directed to hereafter impose and collect a per diem charge of $15.00 for each prisoner housed in the Roanoke City jail pursuant to direction or request of any political subdivision of the State other than the City of Roanoke, provided however, that the Sheriff of the City of Roanoke may waive such charge for "in transit" prisoners of other political subdivisions housed in said jail on a temporary basis. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of March, 1976. No. 22797. AN ORDINANCE authorizing execution of a supplemental agreement, Suppleme~ No. 1, to the City's License Agreement No. DOT-FA73EA-7023, dated March 1, 1973, with the Federal Aviation Administration providing for a right-of-way to serve the Federal Aviation Administration's Localizer facility for Runway 33 at Roanoke Municipal Airport, Woodrum Field. 219 WHEREAS, the City Manager in a report dated March 22, 1976, has recommend. that he be authorized to enter into a supplemental agreement to the City's License Agreement No. DOT-FA73EA-7023 with the Federal Aviation Administration to provide for a right-of-way to serve the Federal Aviation Administration's localizer facility for Runway 33 at the 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 a supplemental agreement, Supplement No. 1, to the City's License Agreement No. DOT-FA73EA-7023, with the Federal Aviation Administration, said agreement to be upon form approved by the City Attorney and to provide for a right-of-way to serve the Federal Aviation Administration's localizer facility for Runway 33 at Roanoke Municipal Airport, Woodrum Field. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of March, 1976. No. 22798. AN ORDINANCE amending Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new chapter, to be numbered Chapter 12, providing for the assessment and taxation of certain real estate when devoted to agricultural use; requiring application to be made for such assessment and taxation, and providing procedures to be taken on such applications; imposing roll-back taxes on such real estate, and providing procedures for assessment and payment of same and of certain penalties; and providing methods of appeal and review of assessments and taxation made under this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, be and said title is amended by the addition of a new chapter, to be numbered Chapter 12, to read and provide as follows: CHAPTER 12. Special Use Assessment and Taxation for Certain Real Estate Devoted to A~ricultural Use. Sec. 1. Special assessments for certain agricultural real estate. The record owner, or owners, of any real estate meeting the following criteria for real estate devoted to agricultural use may, on or before November one of any year, apply to the city assessor of real estate, hereinafter referred to as the assessor, for the classification, assessment and taxation of such property for the next succeeding tax year on the basis of its agricultural use, under the procedures hereinafter set out. The criteria are as follows: 2-20 (a) The real estate shall fall within the following special classification herein established and defined for the purpose of assessment and taxation under this chapter: 1. "Real estate devoted to agricultural use" shall mean real estate when devoted to the bona fide pro- duction for sale of plants and animals useful to man under uniform standards prescribed by the Commissioner of Agriculture and Commerce or when devoted to and meeting the requirements and qualifications for pay- ments or other compensation pursuant to a soil conser- vation program under an agreement with an agency of the Federal government. (b) The real estate shall further consist of a minimum of five acres actually devoted to agricultural use. Sec. 2. Applications. (a) Such application shall be on forms provided by the State Department of Taxation and supplied by the assessor and shall include such additional schedules, photographs, and drawings as may be required by the assessor. All record owners of the real estate described in the application shall execute such application; provided, however, an individual who is the owner of an undivided interest in a parcel may apply on behalf of himself and the other owners of such parcel upon submitting an affidavit that such other owners are minors or cannot be located. An application shall be submitted whenever the use or acreage of such land previously approved changes; provided, however, that such property owner or owners must revalidate annually with the assessor any applications previously approved. An application fee of ten dollars, ($10.00), per parcel plus ten (10) cents per acre or portion thereof contained in such parcel shall accompany each application, such fee being payable to the city. A separate application shall be filed and separate fees shall be paid for each parcel appearin~ on th~ ~an~ Doo~ as a separate parcel. A fee of five dollars ($5.00) shall be paid the city upon every annual application for revalidation of a special use assessment theretofore made. (b) Upon receipt of every application, the assessor shall determine whether the subject property meets the criteria for taxation hereunder. If the assessor determines that the subject property does meet such criteria, he shall determine the value of such property for its qualifying use, as well as its fair market value. Sec. 3. Procedure to be followed in making the determi- nation. The procedure to be followed by the assessor in making the determination shall be as follows: (a) In valuing real estate for purposes of taxation pursuant to this section, the assessor shall consider only those indicia of value which such real estate has for agri- cultural use, and real estate taxes shall be extended upon the value so determined. In addition to use of his personal knowledge, judgment and experience as to the value of real estate in agricultural and in other uses, he shall, in arriving at the value of such land, consider available evidence of agricultural capability and the recommendations of value of such real estate as made by the State Land Evaluation Advisory Committee. (b) In determining the total area of real estate actively devoted to agricultural use, there shall be included the area of all real estate under barns, sheds, silos, cribs, green houses, lakes, dams, ponds, streams, irrigation ditches and like facilities; but real estate under, and such additional real estate as may be actually used in connection with the farmhouse or home or any other structure not related to such special use shall be excluded in determining such total area. (c) Ail structures which are located on real estate in agricultural use and the farmhouse or home or any other struc- ture not related to such special use and the real estate on which the farmhouse or home or such other structure is located, together with the additional real estate used in connection therewith, shall be valued, assessed and taxed by the same standards, methods and procedures as other taxable structures and other real estate in the city. 221 (d) Real estate in agricultural use shall be evaluated as for assessment on the basis of fair market value as applied to other real estate in the city, and land book records shall be maintained to show both the use value and the fair market value of such real estate. The agricultural use value and fair market value of any qualifying property shall be placed on the land book before its delivery by the commissioner of revenue to the treasurer, and the tax for the next succeeding tax year shall be extended from the use value. (e) In determining whether the subject property meets the criteria for agricultural use the assessor may request the Commissioner of Agriculture and Commerce to issue an opinion. (f) Where contiguous real estate in agricultural use in one ownership is located partly within and partly without the city, compliance with the minimum acreage or gross sales requirement shall be determined on the basis of the total acreage of such real estate and not the acreage located within the city. Sec. 4. Roll-back Tax. (a) There is hereby imposed a roll-back tax, in an amount, if any, by which the tax paid or payable on the basis of the valuation, assessment and taxation under this section were exceeded by the taxes that would have been paid or payable on the basis of the valuation, assessment or taxation of other real estate in the city in the year of the change and in each of the five years immediately preceding the year of the change, plus simple interest on such roll-back taxes at the rate of six percentum per annum. If in the tax year in which the change of use occurs, the real estate was not valued, assessed and taxed under this section, the real estate shall be subject to roll-back taxes for such of the five years immediately preceding in which the real estate was valued, assessed and taxed under this section. (b) In determining the roll-back taxes chargeable on real estate which has changed in use, the treasurer shall extend the real estate tax rates for the current and next preceding five years, or such lessor number of years as the property may have been taxed on its use value, upon the difference between the value determined under sub-section (d) of Sec. 3., supra, and the use value determined under sub- section (a) of Sec. 3., supra, for each such year. Liability to the roll-back taxes shall attach when a change in use occurs but not when a change in ownership of the title takes place if the new owner continues the real estate in the use for which it is classified under the conditions prescribed in this chapter. (c) The owner of any real estate liable for roll-back taxes shall, within sixty days following a change in use, report such change to the assessor and to the commissioner of revenue on such forms as may be prescribed. The commissioner of revenue shall forthwith determine and assess the roll-back tax, which shall be paid to the treasurer within thirty days of assessment. On failure to report within sixty days following such change in use or upon the failure to pay within thirty days of assessment, such owner shall be liable for an additional penalty equal to ten percentum of the amount of the roll-back tax and interest thereon, which penalty shall be collected as a part of the tax. In addition to such penalty, there is hereby imposed interest of one-half percentum of the amount of the roll-back tax, interest and penalty, for each month or fraction thereof during which the failure continues after the date of such change in use. Any person making a material misstatement of fact in any application filed pursuant hereto shall be liable for all taxes, in such amounts and at such times as if such property had been assessed on the basis of fair market value as applied to other real estate in the taxing jurisdiction, together with interest and penalties thereon, and he shall be further assessed with an additional penalty of one hundred percentum of such unpaid taxes. (d) Separation or split-off of a part of the real estate which is being valued, assessed or taxed under this section, either by conveyance'or other action of the owner of such real estate, or by act of law, for a use other than agri- cultural use, shall subject the real estate so separated to 22'2 liability for the roll-back taxes applicable thereon, but shall not impair the right of the remaining real estate to the continuance of such valuation, assessment and taxation, provided it meets the minimum acreage requirement and all other conditions of this chapter. Sec. 5. Appeals, Review. In the event of an unfavorable opinion of the Commissioner of Agriculture and Commerce which does not comport with standards set forth in the statement of standards provided by said Commis- sioner as provided by SS58-769.12 of the 1950 Code of Virginia, as amended, or should the applicant be aggrieved by action taken by the assessor or by the commissioner of revenue, the applicant or any other party aggrieved may file petition for relief in the Circuit Court of the City of Roanoke, and the proceedings had thereon shall be conducted, mutatis mutandis, as though brought for correction of an erroneous real estate assessment under Article 2, Chapter 22, Title 58, of the 1950 Code of Virginia, as amended. Should the city be aggrieved by action taken by the assessor or the commissioner of revenue on any application for special use assessment and taxation under this chapter, said city may, in the manner and within the time provided in SS58-1143 of said Code of Virginia, apply to said court for review of such action. In all such cases, the court, upon hearing the case, shall enter such order as to it may seem proper on the law and the facts and the court may, if it be so advised, issue an order which shall serve in lieu of an opinion for the purposes of this section. BE IT FURTHER ORDAINED that this ordinance shall be in force and effect ten days from its passage, and to become and be applicable for the tax year commencing January 1, 1977, and thereafter. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of March, 1976. No. 22801. AN ORDINANCE authorizing conveyance of the City's former Belmont Elementary School property, located at 724 Dale Avenue, S.E., and Stewart Avenue, S. E., for a nominal consideration; upon certain terms and conditions. WHEREAS, the Council's Real Estate Committee recommended in a report dated March 15, 1976, to this Council that the City donate its former Belmont Elementary School property to the Salvation Army Corporation of Atlanta, Georgia, upon execution and delivery of a deed of conveyance, upon the express condition that the old school building situate on said property be demolished by June 1, 1977, and upon the further condition that the property be utilized for a new Salvation Army community center, in which recommendation the Council concurred 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 Belmont Elementary School property, located at 724 Dale Avenue, S. E., and Stewart Avenue, S. E., and bearing Official Tax No. 4012412, for a nominal consideration, to the Salvation Army Corporation of Atlanta, Georgia, said deed to be approved by the City Attorney and to contain a possibility of reverter should the grantee fail to complete demolition of the old school building on said property and, further, should the grantee not utilize the property as a Salvation Army community center, and that the City Clerk be, and she is hereby authorized and directed to affix to the aforesaid deed the City's seal, and to attest the same, the signature of the Mayor and of the City Clerk to be acknowledged by each of them as provided by law. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of March, 1976. No. 22807. A RESOLUTION providing for the permanent closing, vacating, dis- continuing and abandonment of a certain street in Section 3, of Mill Mountain Estates, known as Judith Lane, S. E., appointing viewers to view said street; and providing for a public hearing on the proposal. WHEREAS, it has come to the attention of the Council through recommendation of the Planning Commission that Judith Lane, S. E., located in Section 3 of Mill Mountain Estates, is no longer needed nor desirable for use as a public street of the City, and should be permanently vacated, closed, discontinued and abandoned; and WHEREAS, it is this Council's desire to initiate pursuant to Sec. 15.1-364 of the 1950 Code of Virginia, as amended, proceedings to permanently vacate, close, and discontinue and abandon Judith Lane, S. E., 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 street, in the City of Roanoke, Judith Lane, S. E., located in Section 3, of Mill Mountain Estates, and more particularly described as follows: 223. 224 Starting at a point, said point being the north- westerly corner of Lot 1, Block 11, of Section 3, of Mill Mountain Estates; thence N. 24 degs. 15' 00" E., 50.00 feet to a point; thence, S. 65 degs. 45' 00" E., 126.62 feet tO a point; thence, a curved line to the left having a radius of 25.00 feet, an arc distance of 45.78 feet, chord distance and bearing of 39.65 feet, N. 61 degs. 47' 20" E., to a point, said point being situated on the westerly right-of-way line of Estates Road, S. E.; thence, along the westerly right-of-way line of Estates Road, S. E., S. 9 degs. 19' 40" W., 65.06 feet to a point; thence, along the said right-of-way line a curved line to the left having a radius of 250.23 feet, an arc distance of 41.95 feet, a chord distance and bearing of 41.90 feet, S. 14 degs. 07' 50" W., to a point; thence, leaving the said right-of-way line a curved line to the right having a radius of 25.00 feet, an arc distance of 36.95 feet, a chord distance and bearing of 33.68 feet, S. 23 degs. 24' 30" E., to a point; thence, N. 65 degs. 45' 00" W., 150.00 feet to the Place of BEGINNING, being shown in detail on plat drawn by Buford T. Lumsden & Associates, dated January 9, 1976, showing the vacation of Judith Lane, S. E., a copy of which plat is on file in the office of the City Clerk. 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 April, 1976, or as soon thereafter as the same may be heard, and the 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 29th day of March, 1976. No. 22808. AN ORDINANCE to amend and reordain Section ~61000, "Schools - Teachers, Reallocation Funds, Title I, P.L. 89-10," 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. '225 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #61000, "Schools - Teachers, Reallocation Funds, Title I, P.L. 89-10," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - TEACHERS, REALLOCATION FUNDS, TITLE I, P.L. 89-10 #61000 Teachers, Reallocation Funds, Title I, P.L. 89-10 (1) .......................... $11,315.00 Not previously appropriated (1) Net increase $11,315.00 *100% to be reimbursed by Title I, P.L. 89-10, Reallocation 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 29th day of March, 1976. No. 22809. AN ORDINANCE to amend and reordain Section #61000, "Schools - Teacher Aides, Carryover Funds, Title I, P.L. 89-10," 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 #61000, "Schools - Teacher Aides, Carryover Funds, Title I, P.L. 89- 10," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - TEACHER AIDES, CARRYOVER FUNDS, TITLE I, P.L. 89-10 #61000 Teacher Aides, Carryover Funds, Title I, P.L. 89-10 (1) ............................ $28,384.00 Not previously appropriated (1) Net increase ......... $28,384.00 *100% to be reimbursed by Title I, P.L. 89-10, Carryover Funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 2,26 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of March, 1976. No. 22810. AN ORDINANCE to amend and reordain Section #2000, "Schools - Instruction, and Section #11000, "Schools - Continuing Education," 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 #2000, "Schools - Instruction," and Section #11000, "Schools - Continuing Education," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - INSTRUCTION #2000 Teachers (1) ................................. $5,450.00 Supplies - Directors and Supervisors (2) ..... 250.00 SCHOOLS - CONTINUING EDUCATION #11000 Refugee Adult Education Program (3) .......... 1,468.50 Not previously appropriated (1) Net increase (2) Net increase. (3) Net increase. $5,450.00 250.00 1,468.50 *100% to be reimbursed by P.L. 94-23 funds under the Indochinese Refugee Assistance Act BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of March, 1976. No. 22811. AN ORDINANCE to amend and reordain Section #122, "Commonwealth's Attorney," 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 #122, "Commonwealth's Attorney," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 227 COMMONWEALTH' S ATTORNEY #122 Travel Expense and Education (1) ......... $4,109.61 Not previously appropriated (1) Net increase ............... $486.47 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of March, 1976. No. 22812. A RESOLUTION authorizing a bid to be made for the City's purchase of the surplus U. S. Post Office land and building on Church Avenue, S. W., Detween Second Street and Third Street, S. W. WHEREAS, the Council is advised that the Postal Department will receive sealed bids for purchase of the former U. S. Post Office and Courthouse property on Church Avenue, in the City, and is further advised by the City Manager that, if said property were owned by the City, the space in said building could be adapted for use and occupancy by certain departments of the City and by certain of the local public agencies in the City having urgent need for such space; and WHEREAS, the Council has appropriated sums sufficient to accompany a bid made for the City within the limitations of this resolution with the good faith deposit required by the Postal Department of all bidders for the purchase of said property. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Byron E. Haner, City Manager, be and is hereby authorized to make to the U. S. Postal Department or the designated United States Official a sealed bid in writing on behalf of the City of Roanoke offering to purchase and acquire from said Department or the United States Government the former U. S. Post Office and Courthouse land and property on the south side of Church Avenue, S. W., between Second Street and Third Street, S. W., upon the terms of sale offered in the bid documents, the consideration to be offered in said bid to be such sum as, in the sound discretion of said City Manager, and to be entered on said bid, is the value of said property to the City of Roanoke, but not to exceed a consideration of $500,000.00, cash on delivery of deed; and that the proper City officials be and are hereby authorized and directed to issue 2 2:8' and deliver to said City Manager the City's certified check payable to General Services Administration as a good faith deposit to accompany the aforesaid bid to be made by said City Manager, the amount of said good faith deposit and said certified check to be in the amount specified in the bid documents but not to exceed the sum of $50,000.00, and to be drawn on funds appropriated for that purpose by the Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of March, 1976. No. 22813. AN ORDINANCE authorizing the purchase of 10,000 tons of crusher run stone upon certain terms and conditions, by accepting the bid made to the City by Blue Ridge Stone Corporation; rejecting a certain other bid; and pro- viding for an emergency. WHEREAS, on March 17, 1976, and after due and proper advertisement having been made therefor, two (2) bids were received and opened by a committee in the office of the City's Manager of Purchasing and Materials Control for the purchase of crusher run stone; and after said bids were tabulated, that committee recommended in writing to the Council that the lowest and best bid meeting all specifications and requirements, that of Blue Ridge Stone Corpora- tion, be accepted; and WHEREAS, it is the opinion of the Council that said crusher run stone should be purchased, 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 Blue Ridge Stone Corporation, to supply the City, with 10,000 tons of crusher run stone for City use, at the estimated cost of $26,000.00, with a $0.05 per ton credit to the City if paid before the 15th of the month after delivery, to be delivered by Blue Ridge Stone Corporation to the City's Public Works Service Center at Courtland Road and Noble Avenue, N. E,, in the City, 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 order or 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 crusher run stone, and the provisions of this ordinance. 229 BE IT FURTHER ORDAINED that the other bid made to the City for the supply of the aforesaid stone be and said other bid is hereby REJECTED, the City Clerk to so notify said other bidder and to express to said bidder the City's appreciation of said bid. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of March, 1976. No. 22815. A RESOLUTION relating to the late WILLIAM C. THOMAS. WHEREAS, the Council regretfully has learned of the passing of WILLIAM C. THOMAS, a long-time resident of the City who was active in the affairs of the community. WHEREAS, appointed to the City's Community Relations Committee, the Fair Employment Practices Committee, and the Personnel Board, he served faithfully and continuously on said committees and board until his death; and WHEREAS, this Council deems it appropriate that this body recognize the faithful public service to the community by Mr. Thomas during his life. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, recognizing all of the aforesaid, that this Council extends to Mrs. Marzetta W. Thomas, widow of the late WILLIAM C. THOMAS, its sympathy and that of the many friends of the decedent, upon the occasion of the recent death of the aforesaid citizen; and does direct the City Clerk to transmit to Mrs. Marzetta W. Thomas an attested copy of this resolution. APPROVED ATTEST: City Clerk Mayor 23O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of March, 1976. No. 22816. A RESOLUTION establishing the Citizens' Task Force for Crime Prevention and Social Development and providing for the appointment of a seven-member Steering Committee to make certain recommendations relating to said task force, upon certain terms and conditions. WHEREAS, it has been recommended to the Council of the City of Roanoke that the Citizens' Task Force for Crime Prevention and Social Development be established and that a seven-member Steering Committee be immediately formed to study the concept, formation and structure of said task force and to report its findings and recommendations to the Council within ninety (90) days. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that there is hereby established the Citizens' Task Force for Crime Prevention and Social Development and that a seven-member Steering Committee, one member to be appointed by the Mayor and each of the councilmen, is hereby authorized to be constituted for the purpose of studying the concept, formation and structure of said task force, and that said Steering Committee report its findings and recommendations to the Council within ninety (90) days. BE IT FURTHER RESOLVED that the said Steering Committee hereby establishe is authorized to utilize such City personnel as may be needed to assist said Steering Committee in its study and report. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1976. No. 22802. 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 classi- fications for an area in the northwestern quadrant of the City, which area was annexed by the City of Roanoke as of midnight, December 31, 1975, and incorpora ing 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 231 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 29th day of March, 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 Section 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: The area commonly known as the Airport area, generally bounded by the January 1, 1976 Roanoke corporate limit line on the north, the January 1, 1976 Roanoke corporate limit line and Virginia Rt. 118 on the east, Virginia Rt. 101 on the south and Interstate 581 on the west, as shown on a map of the areas annexed to the City of Roanoke on January 1, 1976, on file in the Office of the City's Plan- ning Department, is reclassified to the following described zoning districts: {a) That area west of the Crossroads Mall area bounded on the east by Crossroads Mall, on the south by Hershberger Road, N. W., on the west by Va. Rt. 1889, and on the north by a line extending westerly from the north- western corner of Crossroads Mall to a point on Va. Rt. 1889, which point is approximately 1,050 feet north of Va. Rt. 1889's intersection with Hershberger Road, N. W., be and said area is hereby reclassified to C-2-General Commercial District. (b) That area comprising the Roanoke Municipal Airport, Woodrum Field, property and those areas contiguous to the airport property including an approximate 43 acre parcel known as the Coulter property, as shown on the aforesaid map, be and said area is hereby reclassified to LM-Light Manufacturing District. (c) That area bounded on the west by Interstate 581, on the north by the airport property and on the east and the south by Va. Rt. 626 and a line extending east of Va. Rt. 626 to Interstate 581, be and said area is hereby reclassified to AG- Agricultural District. (d) That area generally known as the Barn Dinner Theatre area bounded on the west by Va. Rt. 118 and on the north and the east by the City's January 1, 1976 corporate limit line and on the south by the southern boundary of the Barn Dinner Theatre property, be and said area is hereby reclassified to C-2-General Commercial District. (e) That area bounded on the west by Va. Rt. 118, on the north by the southern boundary of the Barn Dinner Theatre property and on the east and the south by the City's January 1, 1976 corporate limit line, be and said area is hereby reclassi- fied 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 these zoning classifications is incorporated into the Official 1966 Zoning Map of the City of Roanoke. BE IT FURTHER ORDAINED that the following areas, namely: 232 That area occupying the northeastern corner of the intersection of Interstate 581 and Hershberger Road, bounded on the south by Hershberger Road, on the west by Interstate 581, on the north by a line running parallel to and 1700 feet north of Hershberger Road, and on the east by the western boundary of the North- South runway of the airport. That area bounded on the south by a line running parallel to and 1700 feet north of Hershberger Road, on the west by Interstate 581 and Va. Rt. 626, and on the north and east by the airport property. That area bounded on the east by Va. Rt. 118, on the south by the northern boundary of the Crossroads Mall property, on the west by a line running parallel to and 700 feet to the east of Va. Rt. 118 and on the north by the southern boundaries two parcels of land shown on the City's appraisal maps as having areas of .664 acres and 2.476 acres. Those five properties, four of which front on Va. Rt. 118, shown on the City's appraisal maps as having areas of .43 acres, .43 acres, 1.0 acres, .664 acres and 2.476 acres, located approximately 300 feet of the Va. Rt. 118, Nelms Lane intersection. are referred back to the City's Planning Commission for further consideration on the question of their respective zoning classification. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1976. No. 22803. 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 classific~ 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 29th day of March, 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 ~-ions 233 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 Section 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: The area generally bounded by the Norfolk and Western railroad tracks on the north, the January 1, 1968 Roanoke corporate limit line on the east, the January 1, 1976 Roanoke corporate limit line on the south, and Virginia Route 419 on the west, including Medmont Lake, Belle Air, Sunset Kills, Hidden Valley Estates, Westchester, Windsor Court, Windsor Hills, Windsor Park, South Woods, Taryn Hill, Crestmoor, Barranger and Lee Hi Park, as shown on a map of the areas annexed to the City of Roanoke on January 1, 1976, on file in the Office of the City's Planning Department, is reclassified to the following described zoning districts: (a) Those two areas, the first area bounded on the north and the east by Va. Rt. 686, on the south by Va. Rt. 713, and on the west by Va. Rt. 419, and the second area bounded on the north by Norfolk and Western Railway property, excluding that area reclassified to LM-Light Manufacturing District in section (e) of this ordinance and that area located between the Stratford Park Office Building property and the H. C. Spangler property reclassified to C-l- Office and Institutional District in this ordinance, on the east by Va. Rt. 709, on the south by a line as shown on the aforesaid map and on the west by the City's January 1, 1976 corporate limit line, be and said areas are hereby reclassified to RG-1-General Residential District. (b) Those four areas, the first area bounded on the west by the City's January 1, 1976 corporate limit line, on the south by a line extending east along Lee Highway for a distance of approximately 800 feet, then south 200 feet along the eastern boundary of a 5.04 acre tract, then east approximately 290 feet to Deyerle Road, S. W., and on the east by a line following Deyerle Road, S. W., and a northerly extension of that road for a dis- tance of approximately 700 feet from the intersection of Deyerle Road, S. W., and Lee Highway to a point, and on the north by a line extending west from said point for a distance of 900 feet to the City's January 1, 1976 corporate limit line; the second area generally known as the Southwest Plaza area, which is comprised of those properties bearing Tax Nos. 5090201 and 5090202; and the third area bounded on the west by Va. Rt. 709, on the north by Norfolk and Western Railway property, on the east by a line following the City's January 1, 1968 corporate limit line and extending west along Va. Rt. 712 to its termination at Westland Road, then following a line extended west from Va. Rt. 712, 200 feet to a point, then following a line extended north from said point to the Norfolk and Western property and on the south by a northerly line which follows Lee Highway for approximately 400 feet, then leaving Lee Highway and following the southeastern, southwestern and northwestern boundaries of properties facing Lee Highway for a distance of approximately 1400 feet, and the fourth area being an area fronting Lee Highway and comprised of properties bearing Tax Nos. 5170101, 5170102, 5170103 and the northern 178 feet facing Lee Highway of the property bearing Tax No. 5170104, be and said areas are hereby reclassified to C-2- General Commercial District. (c) Those two areas, the first area being a triangular area bounded on the southwest by Va. Rt. 419, on the northeast by McVitty Road, S. W., and on the northwest by the northwestern property line of United Virginia Bank property; and the second area bounded on the east by Va. Rt. 709, Lee Highway, and an unnamed road, on the south by a line extending west from the point where said unnamed road makes a curve from the west to the north to a point on Deyerle Road, S. W., which point is approximately 525 feet south of the intersection of Deyerle Road, S. W., and Lee Highway, and on the north by a line 234 extending approximately 450 feet east along Lee Highway and then generally following the western and northern boundaries of the Stratford Park Office Building property, to include the property on the northern side of Lee Highway located to the west of the aforementioned Stratford Park Office Building property bounded by the H. C. Spangler property on the west, on the north by an unnamed road and on the south by Lee Highway, be and said areas are hereby reclassified C-l-Office and Institutional District. (d) Those two areas, the first one comprised of an approxi- mate 120 acre tract of agricultural property located to the south of Lee Highway known as the Russell property and the second area comprised of an approximate 26 acre tract located near the intersection of Mud Lick Road, S. W., and Lee Highway known as the Hubbard property, be and said areas are hereby reclassified to AG-Agricultural District. (e) That area being a parcel of the former Cook property bounded on the east by Aerial Way Drive, S. W., on the south by a line extending west from a point on Aerial Way Drive, S. W., approximately 217 feet north of Lee Highway for a distance of 250 feet parallel to Lee Highway.to a point, on the west by a curved line parallel to Aerial Way Drive, S. W., on the north by Norfolk and Western Railway property, said area heretofore classified as M-1 in the County of Roanoke be, and said area is hereby reclassi- fied to LM-Light Manufacturing District. ~) That area consisting of property of the area subject of this rezoning not heretofore specifically rezoned, or referred back to the Planning Commission, be and said area is hereby reclassified RS-l-Single-Family Residential District. Ail 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 these zoning classifications is incorporated into the Official 1966 Zoning Map of the City of Roanoke. BE IT FURTHER ORDAINED that the following areas, namely: 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 Va. Rt. 712 and a northwesterly extension of that line for a distance of approximately 200 feet from the intersection of Va. Rt. 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 Norfolk and Western Railway property, and that area in the Southwest Plaza area comprised of properties bearing Tax Nos. 5090205, 5090207, 5090208, and 5090209, are referred back to the City's Planning Commission for further consideration on the question of its zoning classification. APPROVED ATTEST: City Clerk Mayor 235 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1976. No. 22804. 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 classifi- cations for an area in the northwestern 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 29th day of March, 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 rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 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: The area generally bounded by Melrose Avenue, N. W., on the north, the January 1, 1968 Roanoke corpo- rate lime line of the east, the Roanoke River and the escarpment south of Francis Drive on the south, and the January 1, 1976 Roanoke corporate limit line on the west, including Edgewood, Summit Hills, Moomaw Heights, Ridgewood Heights, Boulevard Estates, and Cherry Hill Park, as shown on a map of the areas annexed to the City of Roanoke on January 1, 1976, on file in the Office of the City Planning Department, is reclassified to the following described zoning districts: (a) Those two areas, the first area comprising the Embassy Manor Apartments property located south of Edge- lawn Street, N. W., and the second area bounded on the east by the City's January 1, 1968 corporate limit line, on the south by Shenandoah Avenue, N. W., on the west by the western boundary of the Spanish Trace Apartment property and on the north by a line following the northern boundary of the Spanish Trace Apartment property and extended east to the City's January 1, 1968 corporate limit line, be and said areas are hereby reclassified RG-1-General Resi- dential District. (b) Those three areas, the first area bounded on the east by the City's January 1, 1968 corporate limit line, on the south by a line which parallels Melrose Avenue, N. W., and is approximately 200 feet south of Melrose Avenue, N. W., on the west by the City's January 1, 1976 corporate limit line, and on the north by a line extend- ing east paralleling Melrose Avenue, N. W., and being approximately 200 feet north of Melrose Avenue, N. W., to Club Road, N. W., then following an alley located between Edgelawn Street, N. W., and Melrose Avenue, N. W., then north to Edgelawn Street, N. W., then following Edgelawn Street, N. W., and the western, southern and eastern bound- aries of the Embassy Manor Apartments property; the second area comprised of commercial properties frontina the north 236 and south side of the Salem Turnpike as shown on the aforesaid map; and the third area located on the north side of Shenandoah Avenue, N. W., and bounded to the west by the City's January 1, 1976 corporate limit line which area is the same area hereto- fore zoned as B-2 in Roanoke County, be and said areas are hereby reclassified to C-2-General Commercial District. (c) That area bounded on the north by a line extend- ing easterly following Autumn Lane, N. W., to the City's January 1, 1968 corporate limit line, on the east by the City's January 1, 1968 corporate limit line, on the south by areas heretofore rezoned RG-1 and C-2 and the City's January 1, 1976 corporate limit line and on the west by the City's January 1, 1976 corporate limit line, be and said area is hereby reclassified RS-2-Single-Family Residential District. (d) Those areas subject of this rezoning not specific- ally hereinbefore rezoned, be and said areas are hereby reclassified RS-3-Single-Family Residential District. Ail 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 these zoning classifications is incorporated into the Official 1966 Zoning Map of the City of Roanoke. APPROVED ATTEST: City Clerk ~.iayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1976. No. 22805. AN ORDINANCE amending the first paragraph of Section 2, of Chapter 4.1 of Title XV, and amending Chapter 4.1, of Title XV, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new section to be numbered and entitled, Sec. 7.1. AG a~ricultural district, which establishes an additional zoning district classification. WHEREAS, the City Planning Commission, after holding a pUblic hearing, recommended to this Council amendment of the City's zoning regulations to provide for an additional zoning district classification to be known as an agricultural district, which regulations are 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 29th day of March, 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 237 WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described zoning district classification should be adopted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the first paragraph of Sec. 2, of Chapter 4.1, of Title XV, of the Code of the City of Roanoke, 1956, as amended, be amended, to read and provide as follows: Sec. 2. Purpose of districts; division of city; enumera- tion of districts. In order to regulate and restriCt the location, erec- tion, construction, reconstruction, alteration, repair or use of buildings and other structures, their height, area and bulk, and percentage of lot to be occupied by building or other structures, the size of yards, courts and other open spaces, and the trade, industry, residence and other specific uses of the premises in such district or districts, and to establish setback building lines, the city is hereby divided into districts as follows: "RS-i" single-family residential district. "RS-2" single-family residential district. "RS-3" single-family residential district. "RG-i" general residential district. "RG-2" general residential district. duplex residential. agricultural district. office and institutional district. general commercial district. central business district. central b~siness expansion district. industrial development district. light manufacturing district. heavy manufacturing district. BE IT FURTHER ORDAINED that Chapter 4.1, of Title XV, of the Code of the City of Roanoke, 1956, as amended, be amended by the addition of a new section to be numbered and entitled, Sec. 7.1. AG agricultural district, to read and provide as follows: Sec. 7.1. AG agricultural district. Intent: This district is intended for agricultural and low population density residential uses. Certain structures and uses required to serve governmental, educational, religious, noncommercial, recreational, and other needs of such areas are permitted outright within this district or are permissible as special exceptions subject to restrictions and requirements intended to preserve and protect the agricultural or rural character. Permitted Principal Uses and Structures: 1. Single-family dwellings. 2. Farming including the cultivation of land, planting, harvesting of crops, raising of livestock and the appropriate fencing of fields. 3. Farm buildings including structures used for the storage of livestock, feed, commodities raised on the premises, farm machinery and structures used for routine non-commercial servicing of farm related equipment and necessary processing of commodities raised on the premises. 4. Nurseries and greenhouses. 5. Wayside stands selling commodities raised on the premises. 6. Churches. 7. Public and private schools including elementary and high schools. 238 8. Public parks, playgrounds and playfields, and neighborhood and municipal buildings and uses in keeping with the character and requirements of the district. Special Exceptions After Public Notice and Hearings by the Board of Zoning Appeals: 1. Personal service home occupations. 2. Public and private clubs and lodges including golf courses and country clubs provided the following criteria are met or established: a. No parcel of land to be used for the above described purposes shall be less than five acres in area. b. Any building whether principal or accessory shall not be less than one hundred fifty feet from the lot line of any adjacent residential property, and no part of any parking area shall be less than one hundred feet from any such property line; and, provided further, that the exterior appearance of any such building shall be in appropriate harmony with the rural character of the district. c. No more than twenty percent of the site area may be covered by buildings, including accessory buildings. d. There shall be at least one off-street parking space for each employee and one such space for every five members of such club. e. There shall be no unshaded light sources, and lights shall be so located that their beams are not directed into residential areas, nor shall there be any flashing lights. f. There shall be no facilities for overnight accommoda- tions except for the club or lodge manager's or watchman's quarters. g. Ail buildings and appurtenances, including swimming pools, shall be constructed and erected in accordance with all applicable codes and ordinances of the city. h. No mechanical device for the reproduction or amplification of sounds used in connection with the club or lodge facility shall create a nuisance to adjacent properties through the emission of noise, voices, or music which are loud enough, in volume, to cause complaints from nearby or adjacent property owners. 3. Private day nurseries and kindergartens, provided: a. A fenced play area of not less than 4,000 square feet shall be provided for 20 children or less, with 200 square feet additional for each additional child.' No portion of the fenced play area shall be closer than 20 feet to any residential lot line, nor closer than 50 feet to any public street. b. A masonry wall, or solid wood fence, either at least 5 feet high or found by the board to furnish equal protection against noise, shall be provided between fenced play areas and residential lot lines in locations directed by the board. c. Ail outdoor play activities shall be limited to hours between 8 A.M. and 8 P.M., and shall be conducted within the fenced play area. e Colleges and universities within minimum lot area 5 acres, minimum street frontage 300 feet. 5. Kennels as provided: a. Dogs shall be contained behind masonry walls or solid wood fences either at least 6 feet in height or found by the board to furnish equal protection against noise and to provide equal security against dog escape. b. No area fenced or walled for the holding of dogs shall be located close enough to adjacent properties to create a nuisance through the emission of noise. 239 Utility substations, transmission lines and towers, booster stations, relay stations and transformers, etc., provided that location, lot area, screening against light, fumes, noise or unsightliness and interference with radio and television reception shall be as required by the Board of Zoning Appeals. 7. Cemeteries. Prohibited Uses and Structures: Trade, services, processing, manufacturing other than as provided under "Permitted Principal Uses and Struc- tures'' or as permitted in connection with "Special Exceptions". Storage or long-term parking of commercial or industrial vehicles, the storage of junk cars, or the storage or use of mobile homes. e Any use or characteristics of use which fails to meet the performance standards for the LM district. Any use which the Board of Zoning Appeals, upon appeal and after investigation of similar uses elsewhere, shall find to be potentially noxious, dangerous or offensive to persons in the district or to those who pass on the public ways by reason of odor, smoke, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter, radiation, interference with radio or television reception, or likely for other reasons to be incompatible with the character of the district. Minimum Lot Requirements (Area and Width): For permitted principal uses the minimum lot area shall be five (5) acres and the minimum lot width shall be three hundred (300) feet. Minimum Yard Requirements (Depth of Front and Rear and Width of Side Yards): Ail permitted or permissible structures, unless otherwise specified, shall have the following minimum yards: Front: 30 feet on streets of 50 feet of right of way; on streets with less than 50 feet of right of way, where no line has been established, the rear line of the front yard is determined by a distance measured 55 feet from the centerline of the existing street. Side: The combined width of the two required side yards shall total 50 feet or twenty (20) percent of the width of the lot (whichever is least), provided, however, that no individual side yard shall be less than 10 feet in width: Rear: No structure shall be erected closer than twenty- five (25) feet to the rear lot line. Special Provision Concerning Livestock: No livestock other than domestic pets will be allowed closer than 100 feet to any residential structure located within a residential district. This provision does not afford similar protection to residential structures located within the Agricultural District. Maximum Lot Coverage: The total lot coverage of all structures shall not exceed (30) percent. Maximum Height of Structures: Buildings may be erected up to forty-five (45) feet in height except that church belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennae and radio aerials are exempt. Parapet walls may be up to four (4) feet above the height of the building on which the walls rest. Minimum Off Street Parking and Loading Requirements: For single family dwellings two (2) off street parking spaces are required. For elementary or junior high schools two (2) parking spaces shall be required for each classroom 240 ATTEST: or office room plus one ~1) space for each 150 square feet of seating area (including aisles) in any auditorium, or any gymnasium or cafeteria intended to be used as an auditorium. For senior high schools four (4) parking spaces shall be required for each classroom or office room plus one (1) space for each 150 square feet of seating area (including aisles) in any auditorium, or any gymnasium or cafeteria intended to be used as an auditorium. Churches and other neighborhood buildings shall have three (3) parking spaces for each office space and additional parking as per above for auditoriums or other spaces used for public gatherings. Unless otherwise specified, off street parking requirements for other permitted or permissible uses shall be determined by the board by general rule or by findings in the particular case. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1976. No. 22806. AN ORDINANCE amending subsection 2. Definitions; exception, of Sec. 33.1, of Chapter 4.1 of Title XV of the Code of the City of Roanoke, 1956, as amended, incorporating by reference a flood hazard information study of the United States Army Corps of Engineers. WHEREAS, the City Planning Commission, after holding a public hearing, on its own motion directed to and recommended for the Council's consideration the amendment of subsection 2, of Sec. 33.1 of the City's Zoning Ordinance to incorporate by reference a flood hazard information study of the United States Army Corps of Engineers; and WHEREAS, pursuant to the provisions of Sec. 70 and 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 29th day of March, 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 hearing the evidence as herein provided, is of the opinion that subsection 2, of Sec. 33.1, of the City's Zoning Ordinance should be amended to incorporate by reference a flood information study of the United States Army Corps of Engineers as hereinafter set out. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that subsection 2, Definitions; exception, of Sec. 33.1, of Chapter 4.1, of Title XV of the Code of the City of Roanoke, 1956, as amended, be amended to read and provide as follows: ~ 24:::1. ATTEST: 2. Definitions; exception. a. For the purpose of the regulations in this sec- tion, the floodplain is defined as those areas in the City of Roanoke lying within the U. S. Army Corps of Engineers' Intermediate Regional Flood line (100 year flood) as indicated in Flood Plain Information Studies or "Flood Hazard Information Reports" on file in the Building Commissioner's Office and entitled: "Flood Plain Information, Roanoke River, Roanoke and Salem, Virginia" - July, 1968 "Flood Plain Information, Tinker Creek and Carvins Creek, Roanoke, Virginia" - October, 1970 "Flood Plain Information, Mud Lick Creek at Roanoke, Virginia" - February, 1971 "Flood Plain Information, Peters Creek and Lick Run, Roanoke, Virginia" - August, 1968 "Flood Hazard Information - Murray Run, Trout Run, Garnand Branch, Gum Spring Branch, and Ore Branch & Tributary" - June, 1975 The special requirements of this section shall not apply to properties or structures within the floodplain defined in subsection 2 of this section where dikes, levees or other similar protective improvements, approved as to adequacy and location by the city engineer and by the United States Corps of Engineers, the burden of obtaining approval by said Corps of Engineers to be borne by the owner seeking the same, have been or are being made in such a manner as to cause potential flood waters to have no adverse effect on such property or structure and, at the same time, to have no adverse or added adverse effect on any other property. b. Watercourse - A natural or artificial channel for passage of running water fed from natural sources in a definite channel and discharging into some stream or body of water. c. Channel - A perceptible natural or artificial water- way which periodically or continuously contains moving water confined to a definite bed and banks. d. Bank - The elevation of land which confines water of a stream to their natural channel in their normal course of flow. e. Normal Flow - The flow that prevails for the great- est portion of the time; the mean or the average flow. APPROVED City Clerk Mayor 2'42 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1976. No. 22814. AN ORDINANCE granting revocable, non-transferable permission to Benny J. Sangid to pursue the home occupation of servicing televisions and radios upon premises located at 2423 Orange Avenue, N. W., known as Lot 11, Block 6, Map of Villa Heights, Official Tax No. 2320811, upon certain terms and conditions. WHEREAS, Benny J. Sangid, occupant of the property or premises hereinafter described, has requested that he be permitted to pursue a certain home occupation in the nature of servicing televisions and radios on the here- inafter described premises, and upon consideration of the request and pursuant to the provisions of Paragraph (h), of Subsection 17, of Sec. 79.1, of Chapter 4.1, of Title XV, of the Code of the City of Roanoke, 1956, as amended, this Council is agreeable to said occupant's proposal and is willing to permit the pursuit of such home occupation 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 Benny J. Sangid, occupant of the premises located at 2423 Orange Avenue, N. W., known as Lot 11, Block 6, Map of Villa Heights, Official Tax No. 2320811, to temporarily pursue and carry out the home occupation of servicing televisions and radios upon the above-described premises, such pursuit to be governed strictly by the provi- sions of Subsection 17, Home occupation, of Sec. 79.1, of Article XVI, of Chapter 4.1, of Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, and in particular that it: (a) Be limited to 25% of the floor area of the dwelling unit, (b) That the use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes, (c) That it involve no employees of the named permittee, (d) That it be limited to normal daylight hours, (e) That it involve no advertising signs on or off the premises, and (f) That it involve no wholesale or retail sales from or upon the premises; the permit herein granted to be non-transferable and revocable at the will of the City Council, it to be agreed by said permittee as evidenced by his execution of an attested copy of this ordinance, that said permittee expressly consents hereto and agrees, in consideration of the permit herein temporarily granted, that neither he or his heirs, successors or assigns shall, by the pursuit of the activity herein authorized, establish a right in his premises to carry on such activity as a non-conforming use under the City's aforesaid zoning regulations, and that, upon notice of revocation of the within permit, mailed to said permittee or posted on the aforesaid premises, said permittee shall, within sixty (60) days from the date of mailing or of posting such notice, cease said pursuit or calling on such premises. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become effective until such time as an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by said permittee, and filed in the Office of the City Clerk. ACCEPTED and EXECUTED by the undersigned this day of , 1976. (SEAL) Benny J. Sangid STATE OF VIRGINIA ) ) To-Wit: CITY OF ROANOKE ) I, .... , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that Benny J. Sangid, whose name as such is signed to the foregoing ordinance bearing date the day of , 1976, has personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1976. My commission expires: . ATTEST: City Clerk APPROVED Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,. The 5th day of April, 1976. No. 22818. AN ORDINANCE to amend and reordain Section #125, "Clerk of Circuit Court," 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 #125, "Clerk of Circuit Court," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 243 244:: CLERK OF CIRCUIT COURT #125 Travel Expense and Education (1) ......... $ 150.00 Maintenance of Building, Property and Equipment (2) ....................... 2,361.00 Supplies and Materials (3) ...... Office Furniture and Equipment ~i [[[ [[ 20,000 00 · . 2,105.00 Utilities and Communications (5) ......... 2,300.00 Contractual Services (6) ................. 16,000.00 Transfer (1) Net decrease (2) Net decrease (3) Net decrease (4) Net decrease (5) Net increase. (6) Net increase $ 100.00 600.00 5,500.00 500.00 700.00 6,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1976. No. 22819. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Halmode Apparel, Inc. to permanently close and vacate a certain portion of Third Street, N. W., two alleys intersecting with Third Street, N. W., between Center Avenue and Loudon Avenue, N. W., and a portion of Second Street, N. W., which land is more specifically described below. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of Halmode Apparel, Inc., that said Petitioner did, on March 25, 1976, duly and legally publish as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of its application to the Council of the City of Roanoke, Virginia, to close the hereinafter described street, 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 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 street be closed permanently and vacated; and WHEREAS, it appearing to the Council that more than ten days have elapsed since the publication of such proper legal notice, and the Council having considered said application to permanently close and vacate the herein- after described portion of the aforesaid street; and 245 WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinafter described street and alley herein sought to be closed permanently and vacated, and report in writing, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that Messrs. William P. Wallace, J. Tate McBroom, Dewey H. Marshall, Harry Whiteside, Jr., and Dale Poe, any three of whom may act, be, and hereby are, appointed as viewers to view the following described street and report in writing, pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating and closing the same, namely: (a) a certain portion of Third Street, N. W., lying between Center Avenue, N. W., and Loudon Avenue, N. W; (b) a 12-foot wide alley lying east of Third Street, N. W., between and parallel to Center Avenue. N. W., and Loudon Avenue, N. W. extending easterly from its intersec- tion with Third Street, N. W. to its intersection with the middle point of Second Street, N. W. (closed by City Council Ordinance #5037 December 18, 1936); (c) a 10-foot wide alley lying west of Third Street, N. W., between and parallel to Center Avenue, N. W., and Loudon Avenue, N. W., extendin~ westerly from its inter- section of Third Street, N. W. 214.54 feet; (d) a portion of Second Street, N. W. lying south of Loudon Avenue, N. W. and north of a 12-foot wide alley described as (b) above. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1976. No. 22820. AN ORDINANCE to amend and reordain Section #540, "Title XX," 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 #540, "Title XX," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TITLE XX #540 Training to Maximize Independence for Adults and Children (1) ............... $7,054.50 Not previously appropriated (1) Net increase $7,054.50 246 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1976. No. 22821. AN ORDINANCE to amend and reordain Section #527, "Juvenile Home," 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 9527, "Juvenile Home," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE HOME #527 Salaries and Wages (1) .................. $157,676.50 Extra Help (2) .......................... 11,000.00 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. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1976. No. 22822. AN ORDINANCE to amend and reordain Section #539, "Nursing Home," 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 ~539, "Nursing Home," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 247 NURSING HOME #539 Supplies and Materials (1) ................ $63,500.00 Utilities and Communications (2) .......... 18,500.00 Transfer (1) Net decrease $6,500.00 (2) Net increase- 6,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1976. No. 22823. AN ORDINANCE to amend and reordain Section #345, "Police," and Section #889, "Transfers to Capital Improvements Fund," of the 1975-76 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 #345, "Police," and Section #889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: POLICE #345 Salaries and Wages (1) ................. $2,479,299.68 TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Walnut Avenue Bridge Abutment (2) ....... 44,674.67 Transfer (1) Net decrease $14,289.32 (2) Net increase 14,289.32 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 2:4'8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1976. No. 22824. AN ORDINANCE authorizing the issuance of Change Order No. 1 to the City's contract with Cunningham Core Drilling and Grouting Corporation, heretofore entered into under date of December 22, 1975, for drilling and grouting the east abutment of the Walnut Avenue Bridge, so as to provide for certain changes in quantities of materials necessary for the work at an additional cost of $14,289.32; and providing for an emergency. WHEREAS, in report made to the Council on April 5, 1976, the City Manager has recommended that a change order be issued on behalf of the City to the City's contract with Cunningham Core Drilling and Grouting Corporation, dated December 22, 1975, in order to provide for additional costs incurred by the necessity to fill larger areas in the south end of the abutment than was anticipated and, further advising that adequate funds are available for transfer for this purpose; in which recommendation the Council concurs; and WHEREAS, funds sufficient to cover the cost of the additional quantity of material necessary to complete the work are being contemporaneously appropriate( herewith and, an emergency existing, 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 and execute, for and on behalf of the City, Change Order No. 1, upon form approved by the City Attorney, to the City's contract with Cunningham Core Drilling and Grouting Corporation, dated December 22, 1975, so as to provide for the additional costs involved in filling larger areas in the south end of the east abutment of the Walnut Avenue Bridge than was anticipated in the original contract said amount of Change Order No. 1 not to exceed the sum of $14,289.32, making a new contract sum of $44,674.87. 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 249 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1976. No. 22825. AN ORDINANCE authorizing the issuance of Change Order No. 1 to the City's contract with Graves Construction Company, Inc., heretofore entered into on May 1, 1975, for the completion of the interior work, electrical work and designated equipment in the City's Public Works Service Center, so as to extend the time for completion of the work seventy-one (71) calendar days, from March 21, 1976, to June 1, 1976; and providing for an emergency. WHEREAS, in report dated April 5, 1976, the City Manager has recom- mended to the Council that by reason of delays, which delays were not within control of the aforesaid contractor, in installation of certain serVice lines and equipment necessary to provide heat in the building in order to allow unin- terrupted work, that an extension of time be allowed for the performance of the work; 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 tha City of Roanoke that the City Manager be and he is hereby authorized and empowered to issue and execute Change Order No. 1 to the City's contract with Graves Construction Company, Inc., dated May 1, 1975, so as to provide for a seventy-one (71) calendar day extension of the time for completion of the work, from March 21, 1976, to June 1, 1976, such additional time not to affect the original contract price for the performance of the work. 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 5th day of April, 1976. No. 22826. AN ORDINANCE authorizing the acquisition of a certain perpetual easement through property in Roanoke County belonging to Realty Ventures I, in Aerial Way Industrial Park, for public water line purposes, upon certain terms and conditions; and providing for an emergency. 250 WHEREAS, in order to extend water service in the Aerial Way Industrial Park, in Roanoke County, it is necessary to acquire a fifteen (15) foot wide easement of an approximate length of 530 feet; and the Council is advised that Realty Ventures I, a Virginia general partnership, owner in fee simple of the abovedescribed land, has offered to grant and convey to the City the requisite easement rights for a nominal consideration; 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 City doth hereby accept the offer of Realty Ventures I, a Virginia general partnership, to grant and convey to the City a certain perpetual easement fifteen (15) feet in width and approximately 530 feet in length through the property of said owner in Aerial Way Industrial Park, for water line purposes, for a nominal consideration, such conveyance to be made upon form approved by the City Attorney, and to transfer and convey all of said owner's right, title and interest in and to the water line installed in said easement to the City; and upon execution and acknowledgement of said deed, the same shall be caused to be recorded in the local Clerk's Office. 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 5th day of April, 1976. No. 22827. AN ORDINANCE authorizing the City's execution of a written license agreement with Norfolk & Western Railway Company providing a right to the City to construct, maintain and operate an eight inch carrier pipeline under and across said Company's property so that the City may provide sanitary sewer service on Colonial Avenue; and providing for an emergency. WHEREAS, in order to provide sanitary sewer service on Colonial Avenue, there has been proposed the construction and installation of a carrier pipeline under and across the land and the railroad tracks of Norfolk and Western Railway Company at the location hereinafter described, and said Company has offered to grant to the City the right so to do, as a donation and without payment of monetary consideration, upon the City's acceptance and agreement to the terms of the written license agreement hereinafter mentioned; and 251 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 the City Manager be, and he is hereby authorized and empowered on behalf of the City to execute, in the name of the City, a certain written agreement in the form of a license, on standard Form C. E. 15 of said Company, as revised, granting to the City for the nominal consideration of $1.00, the right to construct maintain and operate an eight inch carrier pipeline under and across the land and under the tracks of said Company at its Mile Post R-6+4060 feet in the City of Roanoke, on the Roanoke Terminal Division of said Company, as shown on Plan V-10-VA. 6BB, dated October 31, 1975, which said agreement shall provide, inter alia, that the City will pay the entire expense of placing said pipeline under said land and tracks, and will keep said pipeline in good repair; and that the City will agree to indemnify and save said Company harmless against loss or damage arising out of the City's exercise of the privileges under said agreement; said agreement to be upon such form, otherwise, as is approved by the City Attorney. 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 5th day of April, 1976. No. 22828. 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 new Jefferson Street Bridge over the Norfolk and Western Railway Company's tracks and Roanoke River, as a part of Project U000-128-106, B-606, RW-201, and related improvements. WHEREAS, for the accomplishment of the work to be performed in the construction of the new Jefferson Street Bridge over tracks of the Norfolk and Western Railway Company and Roanoke River, as State Highway Project U000- 128-106, B-606, RW-201, 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 agreement in writing, consisting of seven (7) typewritten pages and accompanying exhibits, 252 made to be executed by said three parties under date of March 8, 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. 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 Commonweal 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 triplicatl that certain seven (7) page typewritten agreement entitled "Project U000-128- 106, B-606, RW-201, Federal Project, Norfolk and Western Overpass, Milepost N-257.17+7825', City of Roanoke", to be entered into by and between the Commonwealtl 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 the construction of a new Jefferson Street Bridge over the tracks of the Norfolk and Western Railway Company and Roanoke R±ver, in the City, 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 parties signatory thereto. ATTEST: City Clerk APPROVED Mayor 253 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1976. No. 22831. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements 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 Section #889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Post Office property (1) . ............... $50,000.00 Not previously appropriated (1) Net increase .--$50,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1976. No. 22832. AN ORDINANCE accepting a certain bid and awarding a certain contract for construction of two (2) municipal swimming pools in 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 March 15, 1976, and after due and proper advertisement had been made therefor, six (6) bids made to the City for the construction of two (2) municipal swimming pools, one to be located in Washington Park and one to be located in Fallon Park, 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 March 22, 1976, its tabulation and report of said bids, from which it appears that the bid hereinafter accepted, is the lowest and best bid made to the City, meeting the City's specifications for said construction, and should be accepted; and 2.54 WHEREAS, funds have been or are being appropriated by the Council sufficient to pay the cost of said construction 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 as follows: 1. That the bid of Days Construction Company, Incorporated, to construct two (2) municipal swimming pools, one to be located in Washington Park and one to be located in Fallon Park, in full accordance with the City's plans and specifications made therefor and with said bidder's proposal, for a total price for both said pools of $773,900.00, cash, for all said work, be and said bid is hereby ACCEPTED. 2. That the other bids made to the City for the aforesaid construction be, and the said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express 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, upon form approved by the City Attorney, on behalf of the City with the aforesaid successful bidder for the construction of the two (2) municipal swimming pools mentioned and described in Paragraph 1, above, said contract to have incorporated therein the City's requirements and specifications for the work so authorized to be done, the bidderrs proposal made to the City, and the provisions of this ordinance; and upon satisfactory completion of all said work accepted by the City as meeting all said specifications, the 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. ATTEST: APPROVED City Clerk Mayor 2'55 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1976. No. 22817. AN ORDINANCE authorizing the City's conveyance of 9.6 acres of land at Roanoke Municipal Airport, Woodrum Field, to the United States Government, upon certain terms and provisions. WHEREAS, the City Manager in his March 15, 1976, report to this Council recommended that the Council authorize the City Manager to inform the Department of the Navy that the City would donate nine acres of land at Roanoke Municipal Airport, Woodrum Field, to the Department of the Navy for use as a reserve training center, and that the City Attorney be directed to prepare the necessary documents to donate said land; and WHEREAS, this Council, by Resolution No. 22780, adopted March 15, 1976, authorized the City Manager to inform the Naval Facilities Engineering Command of the Department of the Navy of the City's intent to donate said land to the Department of the Navy; and WHEREAS, the Assistant City Attorney in his April 5, 1976, report to this Council informed this Council that tke Depar~ent of the Navy was prepared to receive the conveyance of said land. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City convey to the Government of the United States of America, for a nominal consideration, an approximate 9.6 acre tract of land located at Roanoke Municipal Airport, Woodrum Field, as shown on a Site Plan for a proposed reserve center at the airport on file in the Office of the City Engineer, said tract to be described in metes and bounds in the deed of conveyance. BE IT FURTHER ORDAINED that the Mayor be, and he is hereby authorized and empowered, for and on behalf of the City, to execute to the Government of the United States of America, a proper deed of conveyance, approved by the City Attorney, conveying to the Government of the United States of America, fee simple title to the aforesaid tract of property, the conveyance to be made subject to recorded restrictions, conveyances and conditions, and that the Mayor and City Clerk be, and are hereby authorized and directed to execute and to affix to the aforesaid deed of conveyance the City's corporate seal, and that both said officials are to thereafter acknowledge their signatures as provided by law. ATTEST: City Clerk APPROVED Mayor '256 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1976. No. 22829. AN ORDINANCE authorizing the City of Roanoke Redevelopment and Housing Authority's temporary use of two lots on the north side of Salem Avenue, between 15th Street and 16th Street, S. W., for recreational purposes in connection with the Hurt Park Community Development Project. WHEREAS, the Council has heretofore approved as a project for the City the Hurt Park Community Development Project, to be implemented by the City of Roanoke Redevelopment and Housing Authority and said Authority has proposed that it be allowed to utilize the two (2) lots of land hereinafter described, owned by the City of Roanoke, for recreational purposed planned as a part of the project; and the City Manager has recommended that authorization for such use of said lots be given by the City Council. 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 permit, on behalf of the City of Roanoke, upon such written agreement as is prepared and approved by the City Attorney, temporary use by the City of Roanoke Redevelopment and Housing Authority of those two (2) certain lots or parcels of land owned by the City of Roanoke and situate on the north side of Salem Avenue, S. W., known as No. 1621 and No. 1625 Salem Avenue, S. W., for recreational purposes in connection with said Authority's or Total Action Against Poverty's Day Care- Health Clinic adjacent to said lots, said lots to have constructed around them by the Authority a chain link fence and the use of said lots for recreational purposes to be insured against liability for negligence with limits of liability agreeable to the City Manager, and the City of Roanoke to be named an additional insured on said policy and said agreement for such temporary use to be terminable by either party on not less than sixty (60) days written notice given to the other party. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1976. No. 22830. AN ORDINANCE amending and reordaining Sec. 1, of Chapter 5, Title XVII, of the Code of the City of Roanoke, 1956, as amended, redefining the quad- rants of the City and relating to the avenues, streets and boulevards therein. WHEREAS, by recent annexation of certain new territories to the City, the division lines between certain of the four quadrants of the City need to be extended to the outside boundaries; and the Planning Commission has recommended that Section 1 of Chapter 5, Title XVII, of the City Code be amended and reordaine~ as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 1, Chapter 5, of Title XVII, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended to read and provide as follows: Sec. 1. How quadrants determined; avenues, streets and boulevards. The intersection of the center of the main line of the Norfolk and Western Railway from Salem to Bedford, as how known, with the established center line of Jefferson Street, shall be considered the central point of the city and all of the territory within the city shall be located witI~in one of the four quadrants as hereinafter designated. From said central point the following four quadrant divi- sion lines shall extend to the corporate limits of the city: To the north. From said central point, thence northerly along the established center line of Jef- ferson Street and Jefferson Street extended to the corporate limits of the city as they existed prior to January 1, 1949, as shown on Plan 2710 on file in the office of the city engineer; thence in a northerly direction to and with the center of an alley lying between the Williamson Groves Subdivi- sion and the Lincoln Court Subdivision to a point in the center of Burrell Street and Big Oak Avenue; thence with the center of Big Oak Avenue in a northeasterly direction to the center of Williamson Road; thence with Williamson Road in a~northwesterly direction to the center of John Street; thence with John Street in an easterly direction to the center of Pioneer Road, formerly known as the Nininger Road; thence with same in a general northerly direction to a point in the south line of the Hershberger Road at the present cor- porate limits of the City. To the east. From said central point, thence easterly along the center of the main line of the Norfolk and Western Railway, toward Bedford, to its intersection with the corporate limits of the City; thence, with the corporate limit line northerly to its approximate intersection with Baldwin Avenue, N. E., thence, with the corporate limit line of the City of Roanoke and the north corporate limit line of the Town of Vinton in a northeasterly direction to the easternmost cor- porate limits of the City, at the point where said line bears North 8 degrees West. To the south. From said central point, thence southerly along the established center line of Jefferson Street to its intersection with the west line of Fern Park; thence with the west line of Fern Park, southerly to the January 1, 1968 corporate line; thence with the January 1, 1968 corporate line, in a southerly direction to its inter- section with the Mill Mountain Parkway Spur; thence, with the Mill Mountain Parkway Spur, in a southerly direction to its intersection with the January 1, 1976 corporate limit line. 2:57 258 To the west. From said central point, thence westerly along the center of the main line of the Norfolk and Western Railway, towards Salem, to the January 1, 1976 corporate limits of the city. The quadrants thus formed shall be designated and known as "Northeast", "Southeast", '~outhwest" and "North- west" divisions, respectively. From the main line of the Norfolk and Western Railway running north, Jefferson Street shall be known as Jefferson Street, North, and from the Railway, south, it shall be known as Jefferson Street, South. Wherever possible, all streets running in a general direction east and west shall be designated as avenues and so named; all streets running in a general direction north and south, shall be designated as streets and named by numbers. All streets in the city having winding courses shall be known as roads or boulevards. The names of the streets and avenues as shown upon the plats of the official survey, and on file in the office of the city engineer, shall be the true names and designation of streets, avenues, roads and boule- vards. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1976. No. 22833. AN ORDINANCE to amend and reordain Section #17100, "Schools - Regional Apprenticeship Program, Adult Education," 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 #17100, "Schools - Regional Apprenticeship Program, Adult Education," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - REGIONAL APPRENTICESHIP PROGRAM, ADULT EDUCATION #17100 Regional Apprenticeship Program, Adult Education (1) ............................ $6,000.00 Not previously appropriated (1) Net increase $6,000.00 *100% to be reimbursed by State Department of Education funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Citv Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1976. No. 22834. AN ORDINANCE to amend and reordain Section #475, "Parks and Recreation," 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 #475, "Parks and Recreation," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PARKS AND RECREATION #475 Salaries and Wages (1) .................. $195,845.00 Extra Help (2) ....................... 24,000.00 Play Leaders (3) .............. [ [ [. 62,500.00 Supplies and Materials (4) ..... '"'' ~.'. 35,900.00 Transfer (1) Net decrease (2) Net decrease (3) Net decrease (4) Net increase ........ $ 900.00 1,000.00 2,000.00 3,900.00 BE IT F~RTh~ O~iNED 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 April, 1976. No. 22836. AN ORDINANCE amending and reordaining Sec. 3.1. Approval of Warrants, of Chapter 2. Accounts, Warrants and Interest, Title V. Finance, of the Code of the City of Roanoke, 1956, as amended, providing for the approval, signing and counter-signing of warrants drawn by the Director of Finance on the city treasury; and providing for an emergency. WHEREAS, the Council's Audit Committee has recommended that provision be made forbidding manual signature and countersignature of warrants drawn by the Director of Finance on the city treasury pursuant to provisions contained in SS25.1 of the City Charter and requiring, instead, that all such warrants bear the authorized machine-made facsimile signatures of the Director of Finance and the City Manager; and 259 26 0 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 that Sec. 3.1. of Chapter 2, Title V 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, viz: Sec. 3.1. Approval of warrants; signature and countersignature. No warrant shall be drawn by the director of finance on the city treasury or on any of the city's bank accounts until the issuance of such warrant be approved in writing by the city manager. No such warrant shall be signed or countersigned by manual signature of any person; but every such warrant shall bear the authorized facsimile signature of the direc- tor of finance and the authorized facsimile signature of the city manager, made in ink by machine kept in the office and under the control of the director of finance. BE IT FURTHER ORDAINED that an attested copy hereof be forthwith trans- mitted by the City Clerk to each bank or banking institution wherein any public funds of the City of Roanoke are kept on deposit, and to all such other banks and banking institutions maintaining banking offices in the City of Roanoke, from written list to be supplied said City Clerk by the Director of Finance. 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 April, 1976. No. 22837. AN ORDINANCE amending and reordaining Sec. 29, of Chapter 1, Title XVIII, of the Code of the City of Roanoke, 1956, as amended, relating to the issuance of license number plates, tags or decals for each motor vehicle, trailer or sidecar; and providing for an emergency. WHEREAS, the Council's Audit Committee has recommended that provision be made and authority given so that annual license taxes which will become due for payment during a succeeding license year may be paid in advance of that license year, in order to accommodate the convenience of taxpayers who may have reason to desire to make payment of said license tax prior to the time fixed by Section 31 of this chapter at which such license is authorized to be displayed and used; 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 Sec. 29., of Chapter 1, Title XVIII, 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. 29. Same -- Issuance of plate, tag or decal. A license number plate, tag or decal for each motor vehicle, trailer or sidecar shall be fur- nished by the commissioner of revenue at the time the license tax as set out in the preceding sections is paid and upon the presentation of evidence satis- factory to the commissioner showing that the tangi- ble personal property tax on such vehicle for the current year has been paid. Licenses of the decal type shall be issued only for vehicles of the cate- gories defined in subsection (3) of section 28 of this chapter and title as trucks, tractor trucks and auto wagons, and for those vehicles defined in subsection (4) of section 28 of this chapter and title as private passenger motor vehicles, but not for motorcycles; shall have printed thereon the seal of the city; and shall be colored gold upon a blue field, said colors to be alternated yearly; provided, however, that for the 1976 license tax year, only, there be printed on licenses of the decal type, upon a light blue background, a five- pointed star within which are inscribed two smaller stars, the three to be colored, from outside to center, red, white and blue, together with the words "A Bicentennial Community", otherwise, said decals to exhibit the name of the City of Roanoke, Virginia, 1976, the serial number of each aforesaid license and its expiration date of May 31, 1977. Prepayment of any such annual license tax, even though not then due, may be accepted by the city treasurer on or after January 1 of any year provided that prior to acceptance thereof by the city treasurer, there shall have been presented to the commissioner of revenue satisfactory evidence of payment of the then current personal property tax assessable on such vehicle and provided, also, the commissioner of revenue shall have assessed the license tax then being offered for prepayment to the city treasurer; and the license number plate, tag or decal shall be delivered to the taxpayer at such time as its use is authorized by provisions contained in section 31 of this chapter. 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 261 262 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1976. No. 22838. A RESOLUTION expressing the Council's intent to amend the City's traffic code to permit right turns on red to be effective January 1, 1977. WHEREAS, the City Manager, in a March 29, 1976 report to this Council, recommended that the City's traffic code be amended to conform with recently adopted state legislation signed by the Governor permitting right turns on red effective January 1, 1977, in which recommendation the Council concurred. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council expresses its intent to amend the City's traffic code to permit right turns on red to be effective January 1, 1977. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1976. No. 22839. A RESOLUTION requesting legislation authorizing a reduction in the Comprehensive Employment and Training Act's criterion from 100,000 to 50,000. BE IT RESOLVED by the Council of the City of Roanoke that this Council respectfully requests its representative and Senators in the United States Congress to support legislation authorizing reduction in the Comprehensive Employment and Training Act's criterion from 100,000 to 50,000.. BE IT FURTHER RESOLVED that the City Clerk be and she is hereby directed to transmit attested copies of this resolution to Senator Harry F. Byrd, Jr., Senator William Scott, and Congressman M. Caldwell Butler. APPROVED ATTEST: City Clerk Mayor 263 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1976. No. 22840. AN ORDINANCE relating to the old Crystal Spring Pumping Station and Snow steam pump located in it; and providing for an emergency. WHEREAS, at the meeting of the Council held April 5, 1976, representative: of the Roanoke Valley Historical Society and the Roanoke Valley Bicentennial Commission presented to the Council a proposal emanating from interested citizens of the community, proposed to be assisted in their efforts by certain organizations and others who see merit in the proposal, that they be permitted to undertake the restoration and renovation of the City's old brick Crystal Spring water pumping station and the old Snow steam-powered water pump located in said building, they seeing in the two objects relics of the early years of the City of Roanoke worthy of preservation so that they may be available for present and future inspection and view by residents of and visitors to the City; and WHEREAS, as has been stated to the Council, the old pumping station is located close to Crystal Spring and the former Evans Mill, the first a natural landmark of the City and the second, long since gone, having been one of the first frontier developments of the area in colonial and later years, and said to have been visited on occasion by George Washington; and WHEREAS, it is represented to the Council that all of the aforesaid is designed to be a voluntary effort, on the part of those interested, to make for the community a Physical contribution in way of the restoration and renovation of the old building and unusual machinery, so that the same may be of some lasting and historic benefit to the public, provided, however, that the City indicate its consent thereto and its willingness to thereafter accept and incorporate it into the City's overall system of Parks and Recreation or other appropriate department and arrange that it be kept open, maintained and attended in season, as the desire and needs of the public demand; and WHEREAS, the aforesaid proposal is generally recommended by the City Manager, who advises the Council that it is anticipated that the cost to the City of maintaining the completed project as a place of public attraction would appear to be minimal and worthy of the City's undertaking; and WHEREAS, much remaining to be done by the aforesaid individuals and organizations if they be able to accomplish the project prior to Independence Day, 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 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 others 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 264 at Crystal Spring, including renovation and, hopefully, devising a practical 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, viewed 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. BE IT FURTHER ORDAINED that this Council states it to be the intent of the City that, should such restorative efforts be successfully accomplished by those interested in preserving the old Crystal Spring Pumping Station and the Snow water pump without additional budgeted costs to the City, the City will, at such time as the project is completed and made ready for public visita- tion and display, accept the same and incorporate it into the City's overall system of places and things maintained for the enjoyment, recreation and general welfare of the residents of and visitors to the City; and will arrange that it be kept open, maintained and attended during such seasons and on such days as, by experience, the desire of the members of the public to visit the same shall demand, its 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 Roanoke Valley Historical Society and to the Roanoke Valley Bicentennial Commission, to be authorization to those organizations, or either of them, and those they represent, to proceed with the aforesaid under- taking, it to be thereby agreed, however, that the City of Roanoke shall be saved harmless in the premises until such time as the voluntary project is complete and the City assumes operating control of the completed project. 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 19th day of April, 1976. No. 22835. AN ORDINANCE authorizing the City's lease of certain land and improve- ments thereon, to Greater Roanoke Transit Company, upon certain terms and conditions. 265 WHEREAS, Greater Roanoke Transit Company desires to continue to occupy and use certain land and improvements heretofore leased from the City for conduct and operation of an urban mass transportation system under the terms of a certain lease dated March 23, 1975, with the City. WHEREAS, the City Manager in report dated April 12, 1976, has recommended to the Council that the City of Roanoke be authorized to enter into a new agreement of lease with the Greater Roanoke Transit Company for certain property located at 12th Street and Campbell Avenue, S. E., now being utilized by the Transit Company, the term of said lease to be for a period of one year, commencing March 23, 1976, and ending March 22, 1977, with rental at the rate of $36,000.00 annually, in which recommendation the Council concurs. 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 lease agreement with Greater Roanoke Transit Company, leasing to Greater Roanoke Transit Company for a term of one year all of the aforesaid land and improvements, rental for which said lessee shall pay to the City the sum of $36,000.00 annually, payable in monthly installments of $3,000.00 in advance on the first day of each month during the term of the lease; said lease to be upon form approved by the City Attorney and upon such other terms and provisions as are agreeable to the City Manager, but to contain provision that the lease may be cancelled by either party upon notice to the other party given not less than ninety (90) days prior to the expiration of any term but with provision that the lease shall not be terminated by the City until equal or better space is available to the lessee for its use in the provision of mass transportation services in the Roanoke urban area. ATTEST: City Clerk A P P ROy E D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1976. No. 22841. 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: 2166 URBAN RENEWAL INTEREST #855 Urban Renewal Interest (1) ........... $ 36,000.00 SWIMMING POOL FACILITIES #815 Swimming Pool Facilities (2) ......... 644,000.00 Transfer (1) Net decrease $174,000.00 (2) Net increase 174,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1976. No. 22842. 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: SWIMMING POOL FACILITIES #815 Swimming Pool Facilities (1) ............ $761,000.00 Not previously appropriated (1) Net increase $117,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 26.7: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1976. No. 22843. AN ORDINANCE to amend and reordain Fallon Trust Fund and 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 Fallon Trust Fund and the City of Roanoke's 1975-76 Grant Program Account, be, and the same are hereby, amended and reordained to read as follows, in part: FALLON TRUST FUND Fallon Trust Fund (1) ................. $ -0- SWIMMING POOL FACILITIES #815 Swimming Pool Facilities (2) .......... 774,015.02 Transfer (1) Net decrease ...... $13,015.02 (2) Net increase 13,015.02 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1976. No. 22844. AN ORDINANCE to amend and reordain Section #527, "Juvenile Home," and Section #539, "Nursing Home," 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 #527, "Juvenile Home," and Section #539, "Nursing Home," of the 1975- 76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: JUVENILE HOME #527 Supplies and Materials (1) ................. $31,500.00 NURSING HOME #539 Supplies and Materials (2) ................. 62,000.00 Maintenance of Building, Property and Equipment (3) ......................... 3,150.00 268'i Transfer (1) Net decrease (2) Net decrease (3) Net increase $1,500.00 1,500.00 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 19th day of April, 1976. No. 22845. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements 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 Section #889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriatio Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Hurt Park Housing (1) .................... $ 1,750.00 Public Works Service Facility (2) ........ 1,523,520.66 Transfer (1) Net decrease $6,000.00 (2) Net increase 6,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1976. No. 22846. AN ORDINANCE authorizing the issuance of Change Order No. 2 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 providin. for an emergency. WHEREAS, the City Manager, in report to the Council dated April 19, 1976, 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, concur~ in said proposal, and there is 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. 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 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. 2 not to exceed, however, the sum of $6,000.00, raising the total contract amount to $76,500.00. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED City Clerk Mayor 27O IN THE COUNCIL OP THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1976. No. 22847. AN ORDINANCE authorizing the issuance of Change Order No. 1 to the City's contract dated Spetember 26, 1975, with Q. M. Tomlinson, Incorporated, for the construction of the new Northwest Branch Library, by providing for certain changes in such work for an additional cost of $452.62; 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 construction of the new Northwest Branch Library, to provide for certain additional work, resulting in an additional cost of $452.62; and WHEREAS, the City's contractor is reported to be willing to consent to the issuance of such change order and a sum sufficient to pay the additional amount of such contract costs has 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 that the City Manager be and is hereby authorized and directed to execute and issue Change Order No. 1 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 accomplishment of that additional work as set out in the City Manager's report of April 19, 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 $452.62. 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 19th day of April, 1976. No. 22848. AN ORDINANCE to amend and reordain Section 9889, "Transfers to Capital Improvements 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 Section #889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriatior Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Meadowview Acres Subdivision Improvements el) ....................... $40,381.40 Not previously appropriated (1) Net increase $40,381.40 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 April, 1976. No. 22849. AN ORDINANCE directing and providing for the acquisition of easements in land needed by the City for the construction of the Trout Run Sanitary Sewer Interceptor line, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager by report dated April 19, 1976, recommended that Council authorize the acquisition of easements from Kermit W. Plymale, trading as Virginia Brokerage Company, for the consideration of $700.00, which easements are needed for the construction of the Trout Run Sanitary Interceptor Sewer Interceptor line; and WHEREAS, sufficient funds have heretofore been appropriated for said acquisition; 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 directed to acquire for and on behalf of the City that certain sanitary sewer easement and temporary construction easements as shown on Plan No. 5466 on file in the Office of the City Engineer, from Kermit W. Plymale, trading as Virginia Brokerage Company, the parcel on which said easements cross bearing Official Tax No. 1010301, for the consideration of $700.00, the conveyance of said easements to be upon deed of easement approved as to form by the City Attorney. 271 272 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 19th day of April, 1976. No. 22850. 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: REFUSE COLLECTION ~269 Salaries and Wages (1) .............. $ 999,139.28 POLICE DEPARTMENT #345 Salaries and Wages (2) .............. 2,401,105.60 FIRE DEPARTMENT #347 Salaries and Wages (3) .............. 2,632,588.28 (1) Net decrease $ 37,551.22 (2) Net decrease 92,483.40 (3) Net decrease 103,432.22 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1976. No. 22851. 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. 273 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: REFUSE COLLECTION #269 Salaries and Wages (1) .............. $1,036,690.50 POLICE DEPARTMENT #345 Salaries and Wages (2) .............. 2,493,589.00 FIRE DEPARTMENT #347 Salaries and Wages (3) .............. 2,736,020.50 REVENUE SHARING TRUST FUND (4) ........... 349,378.16 (1) Net increase ............ $ 37,551.22 (2) Net increase 92,483.40 (3) Net increase 103,432.22 (4) Net decrease 233,466.84 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1976. No. 22853. AN ORDINANCE amending Chapter 1, Title VII of the Code of the City of Roanoke, 1956, as amended, by the addition to said chapter of a new section, to be numbered section 3.1, providing procedures which may be employed by the City Council in said Council's appointment of school trustees; and providing for an emergency. 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 Chapter 1. General Provisions, of Title VII. Public Schools, of the Code of the City of Roanoke, 1956, as amended, be and said chapter and title are amended by the addition to said chapter of a new section, to be numbered section 3.1, to read and provide as follows, viz; Sec. 3.1. Procedures upon election of trustees. Prior to and in considering the election of any qualified person as a school trustee, the council may invite of any person offering to or being interested in being so elected the submission to the council of a written application upon form considered by the council at its regular meeting held April 12, 1976, on record in and obtainable at the office of the city clerk, and such application may be accompanied by petition or state- ment in writing supporting such application, signed by 274 any resident or residents of the city. In considering any such applicant for such election the council may, in open session, interview such applicant and/or entertain public comment or question as to election of such applicant as a school trustee. 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 19th day of April, 1976. No. 22855. A RESOLUTION recognizing with appreciation a Bicentennial gift to the City of Roanoke by the Senior Citizens of Morningside Manor, in the City, and of the Ogden Center of Roanoke County, and recognizing certain other organizat~ and persons assisting in properly displaying the gift. WHEREAS, the Senior Citizens of Morningside Manor, located in the City of Roanoke, and of the Ogden Center of Roanoke County have pieced together and have presented to the City of Roanoke through its Mayor a handmade, patchwork quilt, in colors of red, white and blue and with the design of a star in its center representing the Mill Mountain star, and with embroidered dates commemoratin this Bicentennial Year; and WHEREAS, in order that the article of handicraft of the Senior Citizens participating in its making be appropriately displayed for public view, Frame One Corporation and PPG Industries, Inc., have donated the labor and material to suitably frame the quilt and through the organized efforts of the City's Planning Commission and the City's Building Maintenance personnel it has been installed near the entrance to the Council Chambers. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the members of said Body hereby express to the Senior Citizens of Morningside Manor and of the Ogden Center of Roanoke County their appreciation, and that of the other residents of the City of Roanoke, for their Bicentennial contribution to the City of their handmade Bicentennial quilt hereinabove described and, further, do commend and express appreciation to Frame One Corporation, PPG Indus- tries, Inc., and to the City's Planning Department and the City's Building Maintenance personnel for their contribution and efforts in assisting in appro- priately framing and exhibiting said quilt for public display. )ns 275 BE IT FURTHER RESOLVED that the City Clerk transmit attested copies of this resolution to the Director of each of the Senior Citizens groups set out in the report of the City Manager made April 12, 1976, and to each Senior Citizen whose name is likewise mentioned in said report, and to Frame One Corpora- tion and the local manager of PPG Industries, Inc.; and the City Manager may transmit attested copies hereof to the individuals named in said report who are personnel in the City's Planning Department and its Building Maintenance Division. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1976. No. 22857. A RESOLUTION expressing the Council's support for the Bicentennial Boy Scouts of America show to be held by the Blue Ridge ~ountain Council No. 599. WHEREAS, this Council has been advised of the Bicentennial Boy Scout Show to be held by the Blue Ridge Mountain Council No. 599, scheduled for May 1, 1976, from 11:00 a.m., to 8:00 p.m., at the Roanoke County-Salem Civic Center, which show shall feature 3,000 boy scouts and boy scout leaders from twenty- one (21) counties in Central and Southwest Virginia; and WHEREAS, this Council does support the contributions by the Boy Scouts of America to this year's bicentennial activities. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does ~pport the Bicentennial Boy Scouts of America show to be held by the Blue Ridge Mountain Council No. 599, scheduled for May 1, 1976, from 11:00 a.m., to 8:00 p.m., at the Roanoke County-Salem Civic Center. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to transmit an attested copy of the resolution to Mr. Scott Jeffers, Blue Ridge Mountain Council No. 599, at l16-B West Kirk Avenue, Roanoke, Virginia, 24011. ATTEST: City Clerk APPROVED Mayor 276 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1976. No. 22858. A RESOLUTION stating the position of the Council of the City of Roanoke with reference to termination of certain transit service provided by Greater Roanoke Transit Company outside the corporate limits of the City of Roanoke. WHEREAS, for approximately a period of twelve (12) months prior to the date of this resolution, the Greater Roanoke Transit Company and the City of Roanoke have sought to negotiate with the City of Salem, the County of Roanoke, and the Town of Vinton to provide, through the Greater Roanoke Transit Company Urban Mass Transit System, transit service to the citizens of each said locality; and WHEREAS, the Town of Vinton has agreed to be responsible for funding transit service for its citizens; but, on the other hand, the County of Roanoke and the City of Salem have refused to provide transit service to their citizens through the Greater Roanoke Transit Company system; and WHEREAS, the Board of Directors of Greater Roanoke Transit Company has determined to terminate transit service outside the corporate limits of the City of Roanoke with the exception of service to the Town of Vinton. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council does hereby support the Board of Directors of Greater Roanoke Transit Company in its decision to terminate transit service for citizens of Roanoke County and the City of Salem, the same effectuating a termination of urban mass transit service outside the corporate limits of the City of Roanoke with the exception of such service to the Town of Vinton. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1976. No. 22852. AN ORDINANCE permitting an encroachment of not more than three (3) feet of a chain link fence over and into the south right-of-way on Connecticut Avenue, N. E., for a distance of approximately 50 feet, said fence to be erected on the north side of property bearing Official No. 3041101, upon certain terms and conditions. WHEREAS, Overnite Transportation Company, owner of the property hereinaft described, located between Georgia and Connecticut Avenues, N. E., and 6th and 7th Streets, N. E., requested that it be permitted to construct and maintain a chain link fence on the public right-of-way so that said fence would extend upon but not more than three (3) feet into the south public street area of Connecti Avenue, N. E., said fence to be approximately 50 feet in length along said street line; and WHEREAS, the City Manager in a report to this Council dated April 12, 1976, has recommended that the request of said owner be granted as provided for herein; and WHEREAS, pursuant to the authority vested in local governing bodies by SS15.1-376 of the 1950 Code of Virginia, as amended, and as provided in Sec. 4, Chapter 7, Title XV of the Code of the City of Roanoke, 1956, as amended, this Council is agreeable to said owner's proposal as recommended by the City Manager and is willing to permit the encroachment hereinafter mentioned over and into not more than three (3) feet of the southerly right-of-way area for the public street abutting the northern boundary of said owner's property, upon the terms and conditions hereinafter contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that permission be, and is hereby granted Overnite Transportation Company, owner of the lot described as Official No. 3041101 located between Georgia and Connecticu' Avenues, N. E., and 6th and 7th Streets, N. E., to construct and maintain a chain link fence approximately 50 feet.in length along Connecticut Avenue, N. E., which said fence may encroach northerly for a depth'of not more than three (3) feet over the south right-of-way line and into the public street area on the south line of Connecticut Avenue, N. E., abutting the aforesaid lots, said fence to be properly and safely constructed and maintained at the expense of the aforesaid owner, or its assigns, or successors in interest, on permit issued therefor by the Building Commissioner and in accordance with the provisions of Chapter 7, Title XV, of the Code of the City of Roanoke, 1956, as amended, and such of the City's building regulations and requirements as are applicable thereto and subject, also, to all of the limitations contained in SS15.1-376 of the 1950 Code of Virginia, abovementioned; it to be agreed by said permittee that by making and maintaining such encroachment, said permittee and its assigns or successors in interest agree to indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to persons or property that may arise by reason of the encroachment of said fence over said public street area. 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 owner, or its duly authorized contractor or representative, and until an attested copy of this ordinance shall have been duly signed, sealed and acknowledged by the said Overnite Transportation Company, and shall have been admitted to record, at the cost of said permittee, in the Clerk's Office of the Circuit Court of the City of Roanoke. ~r ~ut 277 278 BE IT FURTHER ORDAINED that the City Clerk be and is hereby directed to transmit an attested copy of this ordinance to Mr. A. G. Canipe, Manager of Roanoke Terminal, Overnite Transportation Company. EXECUTED and accepted by the undersigned this , 1976: day of OVERNITE TRANSPORTATION COMPANY By President ATTEST: Secretary STATE OF VIRGINIA CITY OF ROANOKE I, ) ) To-Wit: ) , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that and , President and Secretary, respectively, of Overnite Transportation Company, whose names are signed to the foregoing writing bearing date the day of , 1976, have this date personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1976. My Commission expires: . ATTEST: City Clerk APPROVED Notary Public Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1976. No. 22854. AN ORDINANCE authorizing and providing for the donation and conveyance by the City of Roanoke to the United States of America of 16.59 acres of land in Roanoke County, Virginia, to be used for purposes of the Blue Ridge Parkway; authorizing execution of a deed of conveyance of said land provided the County of Roanoke and the Town of Vinton indicate willingness to participate in allocating between the City of Roanoke, the County of Roanoke and the Town 279 of Vinton the value of said land; and repealing Ordinance No. 22718, adopted February 3, 1976, providing for the City's sale and conveyance to the United States of America of said 16.59 acre tract of land. WHEREAS, the City heretofore by Ordinance No. 22718, authorized the City's sale and conveyance of the land hereinafter mentioned to the United States of America upon a consideration of $14,900.00, cash, that being an appraised value of said land and the land being desired by the government for incorporation into its Blue Ridge Parkway system; and WHEREAS, the City has been advised that the Government is prevented by law from purchasing land from any local government for its National Park Service but does desire to acquire title to the 16.59 acre tract of land; and the Council has been notified by receipt of a resolution adopted by the Roanoke Valley Regional Solid Waste Management Board that said Board requests approval of the Town of Vinton and the County of Roanoke, participating with the City of Roanoke in the operation and management of the regional solid waste disposal site of which the 16.59 acre tract is a part, that the City of Roanoke, owner of the fee simple title to all said land, donate and convey said 16.59 acre tract to the government for the purpose aforesaid and without payment of monetary consideration, it to be understood and agreed that the appraised value of said land, namely, $14,900.00, will be allocated between sai~ three participating local governments in the same proportion in which the cost of acquiring, operating maintaining the regional solid waste disposal facility is allocated between said three parties; and WHEREAS, if said other two local governments be agreeable to the proposal made by the Roanoke Valley Regional Solid Waste Management Board and to the allocation of value aforesaid and so indicate their consent by resolution or other proper measure adopted by their respective governing bodies, the City of Roanoke is, likewise, agreeable to said proposal and will donate and convey said 16.59 acre tract to the government for the use aforesaid. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, upon the City of Roanoke's receipt of the consent or approval in writing of the governing body of the Town of Vinton and of the County of Roanoke that the City of Roanoke donate and convey to the United States of America that certain 16.59 acre tract of land in Roanoke County adjoining and east of the Blue Ridge Parkway right of way and extending downstream along the centerline of Roanoke River from said Blue Ridge Parkway's bridge over said river and as generally described in Ordinance No. 22718 of the Council adopted February 23, 1976, and the concurrence of said other two local governing bodies that the remaining land in the current regional solid waste disposal site is worth the full value of the purchase price heretofore paid by the City of Roanoke to the former owner for the total acreage purchased from said owner, the Mayor and City Clerk be and are hereby authorized, empowered and directed to execute and to seal and attest, respectively, the City of Roanoke's deed donating and conveying to the ~d 280 United States of America, in fee aimple and with general warranty of title, all of the aforesaid 16.59 acre portion of said solid waste disposal site, such conveyance to be by metes and bounds and to be upon such form of deed as is first approved by the City Attorney. BE IT FURTHER ORDAINED that an attested copy of this ordinance be transmitted by the City Clerk to the Manager of the Blue Ridge Parkway. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1976. No. 22856. AN ORDINANCE amending and reordaining Sec. 12. Extension of public sewers within city, of Chapter 7. of Title XVII. Streets, Sidewalks and Sewers, of the Code of the City of Roanoke, 1956, as amended, providing for reimbursement of sewer line construction costs; and Sec. 2. Amen~aents, of Chapter 3.1, Title XV. ConstrUction, Alteration, and Use of Land, Buildings and Other Structures, of said code, establishing new permit fees for sewer connections; and providing for an effective date of this ordinance. WHEREAS, the Water Resources Committee, by a March 1, 1976, report to this Council, recommended the adoption of a policy providing for reimbursement of sewer line construction costs and establishing new permit fees for sewer connections, in which recommendations the Council concurred. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 12, Extension of public sewers within city, of Chapter 7, of Title XVII, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: Sec. 12. Extension of public sewers within city. (a) Upon proper application for the extension of a public sanitary sewer, within the city, the city may bear one-half of the cost of the first 300 feet of such extension; provided, the applicant shall pay the other one-half of the cost thereof. (b) Any applicant who constructs a sanitary sewer extending more than 300 feet may be eligible for reim- bursement by the City based on availability charges collected by the City in accordance with the following procedure: (1) Any applicant who wants to construct a sanitary sewer line extending more than 300 feet in order to be eligible for this reimbursement procedure shall make proper application to the office of the City Engineer, which application shall include the proposed construction plans of said sewer line. (2) Upon approval of the application by the office of the City Engineer, an agreement shall be entered into by the applicant and the City Manager, which agreement shall include but not be limited to the following provisions: (a) Upon completion of construction of the sanitary sewer, the applicant shall provide the City Manager with a certified statement of the cost of said construction. (b) Upon the approval of the certified state- ment by the City Manager, the City shall collect an availability charge from any person other than the applicant, who connects to the sewer line provided that the connection is made within ten years from the completion date of the sanitary sewer and the connection is not made on the initial 300 feet of the sanitary sewer. (c) The availability charge to be collected shall be equal to the prorata share of the initial construction cost of the line beyond, the initial 300 feet which share is based on the capacity of the sanitary sewer initially extended versus the flow through the connection to be made and the pro- rata portion of the footage involved. Flows so used shall be the average flows as computed by the State of Virginia's sanitary sewer regulations for average design flows. (d) The'availability charges so collected shall be refunded by the City to the applicant, provided; however, that the amount to be refunded to the applicant shall not exceed the construction cost of the extension of the sewer line beyond the initial 300 feet. (c) If the City pays for all or part of the construction costs of the extension of a sanitary sewer beyond the initial 300 feet, the City shall collect and retain the availability charges as set forth in subsection (b) of this section, pro- vided; however that the collection of availability charges shall not apply to those persons assessed for sewer improve- ments in accordance with the procedures established by Chapter 4 of this title. The payment by any person of any costs or charges as set forth in this section shall not relieve such person from the payment of all sanitary sewer connection costs, including the connection fees provided for in Title XV, Chapter 3.2, Sec. 2. BE IT FURTHER ORDAINED that subsection (a) of Section P-113.1 of the BOCA Basic Plumbing Code as set forth in Sec. 2. Amendments, of Chapter 3.2 of Title XV 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 .......... $ 200.00 8 inch connection .................... $ 500.00 10 inch connection or larger .......... $1,000.00 Septic tanks ........................... $ 5.00 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 ........................... $1.00 each outlet Each gas outlet over 4 .............. $ .50 each outlet 1.50 each 1.00 each .75 each 5.00 each 1.50 each BE IT FINALLY ORDAINED that this ordinance be in force and effect on and after June 1, 1976. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1976. No. 22869. AN ORDINANCE to amend and reordain Section #347, "Fire," 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 #347, "Fire," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reor=ainuu to read as follows, in part: FIRE ~347 Vehicular Equipment (1) ................. $470,862.00 Maintenance of Building, Property and Equipment (2) ............. 74,138.00 Transfer (1) Net decrease $4,138.00 (2) Net increase 4,138.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1976. No. 22870. A RESOLUTION authorizing the filing of an application by the City for a grant of Urban Assistance Incentive Funds for funding a project for establish a bilingual or multilingual newsletter for Vietnamese and Cambodian refugees and other interested persons and organizations; and indicating the City's willing- ness to serve as the receiving agency for such funds. Lng WHEREAS, the Council is advised of recommendation of the City Manager and his staff of the need for establishing a bilingual or multilingual newsletter for Vietnamese and Cambodian refugees and other interested persons and organiza- tions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council does hereby authorize the City Manager to execute on behalf of the City of Roanoke and to file a final grant application with the Division of State Planning and Community Affairs for grant of Urban Assistance Incentive Funds in the sum of $7,916.00, to fund and defray the costs of a project for establishing a bilingual or multilingual newsletter for Vietnamese and Cambodian refugees and other interested persons and organizations; and said Council does hereby indicate the City's willingness to serve as the receiving and administering agency for such funds; and, upon award of such grant, the City Manager is authorize~ and directed to enter into agreement with said Division relative to the administra- tion and use of said funds, upon such form of agreement as is approved by the City Attorney. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1976. No. 22871. AN ORDINANCE authorizing the acquisition of a certain perpetual easement through property in the City belonging to Patterson & Ailstock Development, Inc., for public water line purposes, upon certain terms and conditions; and providing for an emergency. WHEREAS, in order to extend water service in the Glenwood Estates Subdivision in the City, it is necessary to acquire a ten (10) foot wide easement of an approximate length of 635 feet; and the Council is advised that Patterson & Ailstock Development, Inc., owner of the abovedescribed land, has offered to grant and convey to the City the requisite easement rights for a nominal consideration; 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 City doth hereby accept the offer of Patterson & Ailstock Development, Inc., to grant and convey to the City a certain perpetual easement ten (10) feet in 283 28,4 width and approximately 635 feet in length through property of said owner in between Greenwood Drive, S. E., and Reynolds Road, S. E., for water line purposes, for a nominal consideration, such conveyance to be made upon form approved by the City Attorney, and to transfer and convey all of said owner's right, title and interest in and to the water line installed in said easement to the City; and upon execution and acknowledgement of said deed, the same shall be caused to be recorded in the local Clerk's Office. 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 26th day of April, 1976. No. 22872. AN ORDINANCE authorizing and providing for lease by the City of certain property on Salem Turnpike, in an area recently annexed to the City, from the owner of said property, to be used as a temporary fire station for the City's Fire Department, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager has reported to the Council that it is necessar~ to provide temporary fire stations in the areas annexed to the City January 1, 1976, and a building will be constructed which is suitable for such purpose on a lot on Salem Turnpike in an area recently annexed to the City of Roanoke, and recommends that the City enter into a lease with the owner of said lot to lease such property and building, upon certain terms and conditions, 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 to enter into a written Deed of Lease on behalf of the City with Otis R. Funk to lease Lot 1, Block 1, Map of Ridgewood Park, Addition No. 4, located on Salem Turnpike, and a building to be constructed thereon according to City specifications by the owner, for use as a temporary fire station to serve a portion of the area annexed to the City January 1, 1976, the owner of said property to provide in said building sleeping, kitchen and toilet facilities and appropriate climate control equipment; said lease to be for a term of three (3) years at an annual rental of $12,000.00; payable on the first day of each month, in monthly installments of $1,000.00, 2 8 5 commencing as soon as occupancy of said building is available to the City, and terminating three (3) years thereafter, with an option to renew as provided in said lease; such lease to contain such other reasonable terms and provisions as may be approved 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 force and effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1976. No. 22873. AN ORDINANCE to amend and reordain Section 9105, "Department of Finance," of the 1975-76 ApproFriatio~ Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #105, "Department of Finance," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: DEPARTMENT OF FINANCE ~105 Insurance (1) ..................... $5,330.00 (1) Net increase $5,330.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 286 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1976. No. 22876. AN ORDINANCE accepting a certain proposal of Floyd S. Pike Electrical Contractor, Inc., for electrical circuitry renovation work at Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions, authorizing the proper City officials to execute the requisite contract for such construction, rejecting all other proposals made to the City for the work; and providing for an emergency. WHEREAS, on April 5, 1976, after due and proper advertisement had been made therefor, five (5) bids were received by the City for the work hereinafte authorized, were opened and read before the Council and were referred to a committe~ for tabulation, study and recommendation as a result of which the proposal herein- after accepted to perform all of the work provided for in the City's specifica- tions was determined by the committee to be the lowest and best bid made to the City fully meeting all of the City's specifications for all such work; and WHEREAS, there has heretofore been or is being contemporaneously appro- priated a sum ~ufficient for the payment of the contract price kereinafter 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 as follows: 1. That the proposal of Floyd S. Pike Electrical Contractor, Inc., in the amount of $66,328.00, made to the City for electrical circuitry renovation work at the Roanoke Municipal Airport, Woodrum Field, in full accordance with the City's plans and specifications made therefor; be and it hereby is ACCEPTED; the cost whereof shall be paid out of funds which are being or have been appropriat by the Council for said improvements; 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 written contract, upon form approved by the City Attorney, with Floyd S. Pike Electrical Contractor, Inc., the terms of.which said contract shall be as set out in said bidder's proposal, the City's specifications made therefor and in this ordinance. BE IT FURTHER ORDAINED that all other bids made to the City for such work be, and said other bids are hereby REJECTED; the City Clerk to so notify all such other bidders and to express to each the City's appreciation for each such bid. :d BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1976. No. 22877. AN ORDINANCE to amend and reordain Section #450, "Capital Outlay From Revenue," of the 1975-76 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 Section #450, "Capital Outlay From Revenue," of the 1975-76 Municipal Airport Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE ~450 Overlay Taxiway (1) ............. , .... $27,000.00 Repair and Construction (2) .......... 53,000.00 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 26th day of April, 1976. No. 22878. AN ORDINANCE accepting the proposal of H. T. Bowling, Inc., of Radford, Virginia, for the construction of an access road, a water line and a sanitary sewer line in conne6tion with a proposed fixed base facility 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. 287 288 WHEREAS, at the meeting of the Council held on March 1, 1976, and after due and proper advertisement had been made therefor, seven (7) bids for the construction of an access road, a water line and a sanitary sewer line in connection with a proposed fixed base facility at Roanoke Municipal Airport, Woodrum Field, were opened and read before the Council whereupon all said bids were'~eferred 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 said bids, from which it appears to the Council that the proposal of H. T. Bowling, Inc., of Radford, Virginia, 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, 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; funds sufficient for the purpose have been or are being contemporan- eously appropriated by the Council. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That the proposal of ~. T. Bowling, Inc., of Radford, Virginia, for the construction of an access road, a water line and a sanitary sewer line in connection with a proposed fixed base facility at Roanoke Municipal Airport, Woodrum Field, as described in the City's plans and specifications, for the sum of $69,649.38, cash, upon satisfactory completion of said work, be and said proposal is hereby ACCEPTED; (2) That the City Manager and the City Clerk be and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with the aforesaid H. T. Bowling, 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 heretofore or contem- poraneously 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 exists and this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor 289 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1976. No. 22879. A RESOLUTION suggesting to the City's contractor for construction of two new municipal swimming pools certain practices to be employed in employment of labor and subcontractors for construction of said municipal swimming pools. WHEREAS, the City, utilizing funds coming to it in part from Federal Community Development Block Grant programs, from local tax and other revenues and from a trust fund provided the City by a deceased resident of the City, has awarded to Days Construction Company, Incorporated, a contract to construct two new municipal swimming pools, one in Fallon Park in the southeast section of the City, and the other in Washington Park in the northwest section of the City, which two areas of the City are the most in need of recreational facilities of the sort provided by public swimming facilities; and WHEREAS, it has been suggested that the Council formally suggest to its general contractor for construction of said pools that the following policies and procedures be employed in performance of its construction work under said contract. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Days Construction Company, Incorporated, performing its contract with the City for construction of new municipal swimming pools in Fallon Park and in Washington Park, be and is hereby requested: (a) To utilize minority subcontractors where feasible and when available in the performance of the contract. (b) To provide for employment by said general contractor and its subcontractors of residents in the general neighborhoods of the two swimming pools, Where work skills and availability of such labor reasonably permits. BE IT FURTHER RESOLVED that an attested copy of this resolution be forwarded to Days Construction Company, Incorporated, by the City Clerk. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1976. No. 22880. A RESOLUTION granting a special waiver of requirement of installation of curbs and gutters and providing for modification of the City's requirement of a storm drain system in a subdivision heretofore proposed as Summit Hills, Section No. 5, situate in the northwest quadrant of the City between Lynchburg- Salem Turnpike and Melrose Avenue, N. W. WHEREAS, Valley Home Builders, Inc., under contract to purchase a parcel of land in territory recently annexed to the City of Roanoke, has applied to the Council for a waiver of certain of the City's land subdivision requirements respecting the installation of curbs and gutters and a storm drain system so that said land may be developed into 19 residential lots in accordance with a preliminary plat of subdivision prepared and filed by a former owner of said property and approved, while said land was situate in Roanoke County, by County and City land subdivision authorities in May 1975, albeit no final plat of subdi- vision was thereafter presented for approval or recorded. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Body doth hereby waive the requirement of installation of curbs and gutters, and doth modify the City's requirement of construction of cross drains and catch basins so as to conform, only, to preliminary plans approved May 1975, as such requirements are contained in Sec. 49, Chapter 2.1, of Title XVI of the Code of the City of Roanoke, insofar as said requirements would apply to the development and land subdivision of the parcel of land heretofore proposed for development in Roanoke County as Summit Hills, Section No. 5, now situate in the northwest quadrant of the City and lying between the Lynchburg-Salem Turnpike and Melrose Avenue, N. W., provided that further additional procedural action be taken by the owner of said land for filing and recording a plat of subdivision thereof, filed and approved as provided in Chapter 2.1., Title XVI, of the Code of the City of Roanoke, as amended; and an attested copy of this resolution shall be and constitute authority for actions taken by the City's land subdivision authorities in so approving such plat. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1976. No. 22881. A RESOLUTION providing for the refund to the Roanoke Jaycees, Incorpor- ated, of a certain portion of their deposit for the use of the Roanoke Civic Center for the Roanoke Public Forum. WHEREAS, the City Manager by his April 19,'1976 report to this Council has recommended that the Roanoke Jaycees, Incorporated, be refunded $233.76 of their deposit for use of the Roanoke Civic Center for the Roanoke Public Forum, which forum was cancelled; and 291 WHEREAS, the City Manager in the aforesaid report has advised the Council that the civic center has been reimbursed from the deposit of said Jaycees for expenses incurred relative to the Roanoke Public Forum. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the sum of $233.76, which is part of the amount deposited by the Roanoke Jaycees, Incorporated to the Roanoke Civic Center for the Roanoke Public Forum, be refunded to the Roanoke Jaycees, Incorporated. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1976. No. 22882. AN ORDINANCE accepting a certain proposal for furnishing and delivering all necessary labor, materials and supplies to complete the physical improvements in Meadowview Acres Subdivision, Sections 1, 2 and 3, pursuant to the Roanoke County Land Subdivision Ordinance; providing for payment for same upon certain terms and conditions; and providing for an emergency. WHEREAS, prior to January 1, 1976, the developer of Meadowview Acres, Sections 1, 2 and 3, defaulted in the construction of certain physical improvements required by the Roanoke County Land Subdivision Ordinance to be made in all subdivisions developed in Roanoke County; and WHEREAS, Roanoke County required of Home Indemnity Company, forfeiture of the bond of said developer in order that such physical improvements could be completed and receive bids for completion of such improvements; and WHEREAS, the bid of Adams Construction Company for the sum of $40,381.40 was the lowest and best bid received by Roanoke County for completing the necessary physical improvements in said subdivision; and WHEREAS, the land in question became a part of the City of Roanoke at midnight, December 31, 1975, and the County of Roanoke, Home Indemnity Company, and Adams Construction Company have agreed with the City of Roanoke that the bond will be forfeited in favor of the City of Roanoke and that Adams Construction Company will perform the necessary work pursuant to the aforesaid bid, provided notice to proceed is given Adams Construction Company on or before May 1, 1976; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist. 2: 9.2 follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as (1) That the proposal of Adams Construction Company, to furnish and deliver all necessary labor, materials and supplies to complete the physical improvements in Meadowview Acres Subdivision, Sections 1, 2 and 3, pursuant to the provisions of the Roanoke County Land Subdivision Ordinance be, and the same hereby is ACCEPTED, upon the express condition that the contract price be paid by Home Indemnity Company to the City of Roanoke with the further guarantee that should the necessary improvements exceed the sum bid, pursuant to the pro- visions of the Roanoke County Land Subdivision Ordinance, the Home Indemnity Company shall pay to the City of Roanoke the full sum of the aforesaid subdivision development bond, not to exceed $50,000.00. (2) That the City Manager be, and he is hereby authorized and directed, for and on behalf of the City to execute the necessary documents with Roanoke County and Home Indemnity Company and the requisite contract with Adams Constructiol Company, all approved as to form by the City Attorney, the same to incorporate the terms and conditions of this ordinance, and said bidder's proposal made for said work; and the cost of such work when completed to be paid for out of funds heretofore or herewith appropriated by the Council for the purpose. 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 26th day of April, 1976. No. 22884. A RESOLUTION expressing the Council's support and approval for an operational Alcohol Safety Action Program for the Fifth Planning District area. WHEREAS, the Project Director of the Virginia Alcohol Safety Action Planning Group of the Fifth Planning District of Virginia, in an April 13, 1976 report to this Council, advised the Council of a feasibility study and plan of the Alcohol Safety Action Planning Advisory Committee of said district for an operational Alcohol Safety Action Program for the Fifth Planning District area; and WHEREAS, this Council approves of this program as being in the best interests of residents of the Fifth Planning District area. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council supports and approves an operational Alcohol Safety Action Program for the Fifth Planning District area. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to transmit an attested copy of this resolution to Judge Beverly T. Fitzpatrick, Project Director for the Virginia Alcohol Safety Action Planning Group for the Fifth Planning District of Virginia. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1976. No. 22885. Days. A RESOLUTION expressing the Council's support for Airport Appreciation WHEREAS, the Council desires to support Airport Appreciation Days, June 12 and 13, 1976, 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 expresses its support for Airport Appreciation Days to be held June 12 and 13, 1976, at Roanoke Municipal Airport, Woodrum 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 293 294 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22859. 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. 219, 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 at the corner of Hawthorne Street and Williamson Road described as Lots 1 and 2, Block 9, Airlee Court, Official Tax Nos. 2190401 and 2190402 rezoned from C-l, Office and Institutional District,~ and RS-3, Single-Family Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission on March 17, 1976, has recommended that the hereinafter described land be rezoned from C-l, Office and Institutional District, and RS-3, Single-Family Residential District, to C-2, General Commercial 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 26th day of April, 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. 219 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located at the corner of Hawthorne Street and Williamson Road described as Lots 1 and 2, Block 9, Airlee Court, designated on Sheet 219 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2190401 and~2~90402, be, and is hereby, changed from C-l, Office and Institutional Distric and RS-3, Single-Family Residential District, to C-2, General Commercial District, and that Sheet No. 219 of the aforesaid map be changed in this respect. ATTEST: City Clerk APPROVED Mayor 295 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22860. 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 April, 1976, in accordance with said notice, on the recommendation of the Planning Commission, aforesaid, at which public hearing all persons in in~rest 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 Section 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: The area generally bounded by the January 1, 1968 Roanoke Corporate Limit line on the northeast, Franklin Road (Va. Rt. 220) on the southeast, the January 1, 1976 Roanoke Corporate Limit line on the southwest, and the Norfolk and Western tracks on the northwest including South Roanoke Apartments, Townside Apartments and K-Mart, as shown on a map of the areas annexed to the City of Roanoke on January 1, 1976, on file in the Office of the City's Planning Department, is reclassified to the following described zoning districts: (a) That area bounded on the southeast by U.S. Rt. 220, on the southwest by the City's January 1, 1976 Corporate Limit line, on the northwest by a line follow- ing the southern property line of the South Roanoke Apartments property, Townside Road, S. W., the eastern property line of the Townside Apartments property, the northwestern and northeastern boundary lines of that property bearing tax number 5500103, the northwestern property lines of those properties bearing tax numbers 5500104, 5500105, 5500106, 5500107, and 5500108, and on the northeast by the City's January 1, 1968 Corporate Limit line, be and said area is hereby reclassified to C-2-General Commercial District. (b) That area bounded on the northwest and north- east by the City's January 1, 1968 Corporate Limit line, on the southeast by the northwest boundary of the previous- ly described C-2-General Commercial District; and on the southwest by the City's January 1, 1976 Corporate Limit line, be and said area is hereby reclassified to RG-1- General Residential District. 296 Ail of these zoning classifications are shown on the aforesaid map on file in the Office of the City's Planning Department and the area incor- porating these zoning classifications is incorporated into the' Official 1966 Zoning Map of the City of Roanoke. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22861. 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 northwestern 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 April, 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 Section 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: The area generally bounded by Cove Ro~d a~d ~eters Creek Road on the north, Interstate-581 on the east, Hershberger Road and Melrose Avenue on the south, and the Salem Corporate Limit line on the west including Arrow Wood Country Club, Dansbury Acres, Fairhope, Hershberger Hills, Hemlock Hills, Cove Haven, Glendale, North Norwood, Norwood Forest, Monticello, Norwood and Monte Vista Subdivisions, as shown on a map of the areas annexed to the City of Roanoke on January 1, 1976, on file in the office of the City's Planning Department, is reclassified to the following described zoning dis- tricts: 297 (a) Those six areas, as shown on Tax Appraisal Map Sheets depicting said areas on file in the Office of the City's Planning Department; the first area being that area located on the west and east sides of Peters Creek Road, N. W. north of Hershberger Road, N. W., as shown on Nos. 612 and 638 of the aforesaid Map sheets; the second area located on the west side of Peters Creek Road, N. W., and bisected by North Wood Drive, N. W., as shown on No. 614 of the aforesaid map sheets; the third area located at the intersection of Cove Road, N. W., and Peters Creek Road, N. W., as shown on Nos. 616, 637 and 641 of the aforesaid map sheets; the fourth area being that 2.115 acre parcel located on the southeast side of Peters Creek Road, N. W., west of the intersection Interstate-581 and Peters Creek Road, N. W., as shown on No. 649 of the aforesaid map sheets, the fifth area being that area located to the northwest of the intersection of Hershberger Road, N. W. and Interstate-581, as shown on No. 645 of the aforesaid map sheets; and the sixth area being that area located on the southwest and northeast sides of Cove Road, N. W., on the north side of Hershberger Road, N. W., as shown on No. 644 of the aforesaid map sheets, be and said areas are hereby reclassified to C-2-General Commercial District. (b) Those five areas, as shown on Tax Appraisal Map Sheets depicting said areas on file in the Office of the City's Planning Department, the first area being that area located west of the intersection of Hersh- berger Road, N. W., and Appleton Avenue, N. W., as shown on No. 612 of the aforesaid map sheets; the second area being that area located to the southeast of the intersection of Peters Creek Road, N. W. and Cove Road, N. W., as shown on No. 637 of the aforesaid map sheets; the third area being that area located to the southwest of the intersection of Peters Creek Road, N. W. and Cove Road, N. W., as shown on Nos. 614 and 616 of the aforesaid map sheets; the fourth area being that area located to the northeast of Peters Creek Road, and to the northeast of Lewiston Street, N. W., as shown on No. 649 of the aforesaid map sheets; the fifth area being that area located to the southwest of Interstate- 581, and to the northwest of ~ershberger Road, N. W., as shown on Nos. 640, 641, 643, 644, 645, 646, 647 and 648 of the aforesaid map sheets, be and said areas are hereby reclassified to RG-1-General Residential District. (c). That area located to the southwest of the intersection of Interstate-581 and Peters Creek Road, N. W., as shown on Tax Appraisal Map Sheets Nos. 642, 647, 648 and 649 depicting said area on file in the office of the City's Planning Department, be and said area is hereby reclassified to RS-l-Single Family Resi- dential District. (d) Those areas, consisting of property of the area subject to this rezoning not heretofore specific- ally rezoned, as shown on Tax Appraisal Map Sheet Nos. 610, 611, 612, 613, 614, 615, 616, 637, 638, 639, 640, 641, 642 and 644, depicting said areas on file in the office of the City's Planning Department, be and said areas are hereby reclassified to RS-3-Single Family Residential District. Ail 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 these zoning classifications is incorporated into the Official 1966 Zoning Map of the City of Roanoke. APPROVED ATTEST: City Clerk Mayor 298 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22862. 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 classification~ for an area in the southwestern and southeastern quadrants 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 April, 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 Section 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: The area generally bounded by the January 1, 1968 Roanoke Corporate Limit line on the north, the Blue Ridge Parkway on the southeast, and Va. Rt. 220 on the southwest, including Chestnut Ridge, Rockydale Quarry and Southern Hills subdivision, as shown on a map of the areas annexed to the City of Roanoke on January 1, 1976, on file in the Office of the City's Planning Department, is reclassified to the following described zoning districts: (a) That area located on both sides of the Mill Mountain Spur of the Blue Ridge Parkway known as the Chestnut Ridge area and more particularly shown and described on a plat of Mill Mountain and Roanoke Mountain lands, Section l-M, of the Blue Ridge Parkway on file in the Office of the City's Planning Department be, and said area is hereby reclassified to AG- Agricultural District. (b) That area bounded on the southwest by U. S. Route 220, on the south by the City's January 1, 1976 Corporate Limit line, and on the east and the north by Va. Rt. 789 be, and said area is hereby reclassified to C-l-Office and Institutional District. (c) That area bounded on the west by U. S. Rt. 220, on the north by the City's January 1, 1968, Corporate Limit line, on the south by Va. Rt. 789, and on the east by a line parallel to U. S. Rt. 220, said line shown on Tax Appraisal Sheets 546 and 549, depicting said area, on file in the Office of the City's Planning Department be, and said area is hereby reclassified to C-2-General Commercial District. (d) Those two areas; the first area comprised of the Virginia Asphalt Company and Rockydale Quarry properties, said area bounded on the north by Va. Rt. 672 and the right of way of the Mill Mountain Spur of the Blue Ridge Parkway, on the west by Va. Rt. 789 and the City's January 1, 1976 Corporate Limit line and on the south and the east by the City's January 1, 1976 Corporate Limit line; and the second area comprised of Rockydale Quarry property, said area bounded on the south by the right of way of the Mill Mountain Spur of the Blue Ridge Parkway, on the west by Va. Rt. 672, on the north by the northern property line of the Rockydale Quarry property and on the east by the City's January 1, 1976 Corporate Limit line be, and said areas are hereby reclassi- fied to HM-Heavy Manufacturing District. (e) That area comprised of the Hopkins Mobile Home Estates being a 13.44 acre parcel of land fronting on the eastern boundary of Van Winkle Road, S. W., be and said area is hereby reclassified to RG-1-General Residential District. (f) Those areas consisting of property of the area subject of this rezoning not heretofore specifically rezoned be, and said areas are hereby reclassified to RS-3-Single-Family Residential District. Ail 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 these zoning classifications is incorporated into the Official 1966 Zoning Map of the City of Roanoke. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22863. 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 classificatl for an area in the northeastern 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 April, 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, ons 300 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 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: The area commonly known as the Read Mountain Area, general bounded by Tinker Creek and the January 1, 1968 Roanoke Corporate Limit line in the southwest and the January 1, 1976 Roanoke Corporate Limit line on the north and east including Ole Monterey Golf Course, Blue Hills Golf Course, Asbury, Franklin Court, Clifton Heights, Brattonlawn and Idlewild Park subdi- visions, as shown on a map of the areas annexed to the City of Roanoke on January 1, 1976, on file in the office of the City's Planning Department, is reclassified to the following described zoning dis- tricts: (a) Those three areas, the first area bounded on the northwest by Glade Creek and Virginia Rt. 653, and on the east and the south by the City's January 1, 1976 Corporate Limit line; the second area comprised of the Ole Monterey Golf Course and Blue Hills Golf Course property and adjoining agricultural properties, as shown on the aforesaid map; and the third area bounded on the north and the east by the City's January 1, 1976 Corporate Limit line, on the south by Virginia Rt. 604, and an escarpment northeast of Nelms Lane, N. E., and on the west by the eastern boundary of Meadowview Acres be and said areas are hereby reclassified to AG-Agricul- tural District. (b) Those five areas, the first area bounded on the southwest by the northeastern boundary line of Statesman Industrial Park, on the southeast by U. S. Route 460, on the northeast by a line extended northwest for a distance of approximately 300 feet from a point on U. S. Route 460, which point is approximately 980 feet northeast of the northeastern corner of Statesman Industrial Park, and on the northwest by a line paral- lel to and approximately 300 feet northwest of U. S. Route 460~ the second area being the same area previ- ously classified as zoning classification B-2 in Roanoke County, bounded on the northwest by U. S. Route 460, on the southwest by Virginia Route 653, and on the southeast and the northeast by the southeastern and northeastern boundaries of said area as shown on the Zoning Map of Roanoke County, revised through December, 1975; the third area bounded on the northwest by U. S. Route 460, on the southwest by a line extended southeast approximately 300 feet from a point on U. S. Route 460, which point is approximately 1200 feet northeast of the intersection of U. S. Route 460 and Mecca Street, N. E., on the southeast by a line parallel to and 300 feet southeast of U. S. Route 460, and on the northeast by a line ex- tended southeast approximately 300 feet from a point on U. S. 460, which point is approximately 600 feet south- west of the intersection of U. S. Route 460 and Virginia Route 653; the fourth area bounded on the northeast by the southwestern boundary line of Statesman Industrial Park, on the northwest by a line parallel to and 300 feet northwest of U. S. Route 460, on the southwest by the City's January 1, 1968 Corporate Limit line, and on the southeast by U. S. Route 460; and the fifth area bounded on the northwest by U. S. Route 460, on the southwest by the City's January 1, 1968 Corporate Limit line, on the southeast by a line parallel to and 300 feet southeast of U. S. Route 460, and on the northeast by a line extended southeast approximately 300 feet from a point on U. S. Route 460, which point is approxi- mately 550 feet southwest of the intersection of U. S. Route 460 and Mecca Street, N. E., be and said areas are hereby reclassified to C-2 General Commercial District. (c) Those four areas, the first area bounded on the west by Tinker Creek, on the north by the City's January 1, 1976 Corporate Limit line, on the east by the tracks of a north-south line of the Norfolk and Western Railway, and on the south by the northern boundary of the Palmer's Park subdivision; the second area bounded on the northwest by U. S. Route 460, on the northeast by Virginia Route 653, on the southeast by a line parallel to and 300 feet southeast of U. S. Route 460, and on the southwest by a line extended southeast approximately 300 feet from a point on U. S. Route 460, which point is approximately 600 feet south- west of the intersection of U. S. Route 460 and Vir- ginia Route 653; the third area bounded on the north- extended southeast approximately 300 feet from a point on U. S. Route 460, which point is approximately 550 feet southwest of the intersection of U. S. Route 460 and Mecca Street, N. E., on the southeast by a line parallel to and 300 feet southeast of U. S. Route 460, and on the northeast by a line extended southeast approximately 300 feet from a point on U. S. Route 460, which point is 1200 feet northeast of the inter- section of U. S. Route 460 and Mecca Street, N. E.; and the fourth area being that area lying to the northwest and southeast of a main line of the Norfolk and Western Railway being the same area previously classified as zoning classification M2 in Roanoke County, the boun- daries of said area shown on the Zoning Map of Roanoke County, revised through December, 1975, be and said areas are hereby reclassified to LM-Light Manufacturing District. (d) Those three areas, the first area located on Manning Road, N. E., being the Tinker Manor Apartments property, as shown on the aforesaid map; the second area located on Virginia Route 653, being Section 2 of the Springtree Subdivision as shown on a plat of Section No. 2 of the Springtree Subdivision on file in the Office of the City's Planning Department; and the third area being the Palmers Park Subdivision located to the east of Tinker Creek, as shown on the aforesaid map, be and said areas are hereby reclassified to RG-1- General Residential District. (e) That area bounded on the west by Pennsylvania Avenue, N. E. and a line representing the southern extension of Pennsylvania Avenue, N. E., on the north by Pink Street, N. E., Elmcrest Street, N. E., and Nelms Lane, N. E., on the east by Old Mountain Road, N. E., and on the south by Tinker Creek, be and said area is hereby reclassified to RD-Duplex Residential District. (f) Those areas consisting of property of the area subject of this rezoning not heretofore specifically rezoned be, and said areas are hereby reclassified to RS-3-Single Family Residential District. Ail 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 these zoning classifications is incorporated into the Official 1966 Zoning Map of the City of Roanoke. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22864. 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 classifi- cations for an area in the northwestern 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 302 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 April, 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 Section 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 in the vicinity of Roanoke Municipal Airport, Woodrum Field, not heretofore reclassified, as shown on a map of the areas annexed to the City of Roanoke on January 1, 1976, on file in the Office of the City's Planning Department, is reclassified to the following described zoning districts: (a) Those two areas, the first area located at the intersection of Interstate-581 and Hershberger Road, bounded on the south by Hershberger Road, on the west by Interstate-581, on the north by a line running parallel to and 1,700 feet north of Hershberger Road, and on the east by the western boundary of the North- South runway of the Municipal Airport; and the second area bounded on the east by Virginia Route 118, on the south by the northern'boundary of the Crossroads Mall property, on the west by a line running parallel to and 700 feet to the east of Virginia Route 118, and on the north by the southern boundaries of two parcels of land shown on the City's appraisal maps as having areas of .664 acres and 2.476 acres, be and said areas are hereby reclassified to C-2-General Commercial District. (b) That area bounded on the south by a line running parallel to and 1,700 feet north of Hershberger Road, on the west by Interstate-581 and Virginia Route 626, and on the north and east by Airport property, be and said area is hereby reclassified to LM-Light Manu- facturing District. (c) That'area located on Virginia Route 118, comprised of properties bearing Tax Nos. 6640108, 6640109, 6640110, 6640111 and 6640112, be and said area is hereby reclassified to RS-3-Single Family Residential District. Ail 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. APPROVED ATTEST: City clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22865. 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 classifica- tions 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 April, 1976, in accordance with said notice, on the recommendation of the Planning commission, aforesa~a, at which puDiic nearing ail 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 R6anoke that Section 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: Those areas in that area in the southwestern quad- rant of the City generally bounded by the Norfolk and Western Railway tracks on the north, the January 1, 1976 Roanoke Corporate Limit line on the east, the January 1, 1976 Roanoke Corporate Limit line on ~he south, and Virginia Route 419 on the west, not hereto- fore reclassified, shown on the map of the areas annexed to the City of Roanoke on January 1, 1976, on file in the Office of the City's Planning Department, are reclassified to the following described zoning districts: (a) That area in the Southwest Plaza area com- prised of properties bearing Tax Nos. 5090207, 5090208 and 5090209, and that triangular portion of the lot designated as city tax map no. 5090205 lying to the west of the extension of the dividing line between lots designated as tax numbers 5090201 and 5090202, be and said area is hereby reclassified to C-l-Office and Institutional District. (b) That area in the Southwest Plaza area being that property bearing Tax No. 5090205, less that triangu- lar portion of the lot designated as city tax map no. 5090205 lying to the west of the extension of the dividing line between lots designated as tax numbers 5090201 and 5090202, be and said area is hereby reclassi- fied to RS-l-General Residential District. 303 30'4. Ail 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 these zoning classifications is incorporated into the Official 1966 Zoning Map of the City of Roanoke. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22866. AN ORDINANCE amending Ckapter 4.1, of Title XV of the Code of the City of Roanoke, 1956, as amended, by adding a new section to be numbered 33.2 and entitled Inoperative Motor Vehicles, regulating the parking or storage of inoperative motor vehicles. WHEREAS, the City Planning Commission, after holding a public hearing, on its own motion directed to and recommended for the Council's consideration the amendment of the City's Zoning Ordinance by adding a new section regulating the parking or storage of inoperative motor vehicles; and WHEREAS, pursuant to the provisions of Sec. 70 and 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 April, 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 hearing the evidence as herein provided, is of the opinion that the City's Zoning Ordinance should be amended by adding a new section to be numbered 33.2 and entitled Inoperative Motor Vehicles, regulating parking or storage of inoperative motor vehicles. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 4.1. Zoning, of Title XV. Construction, Alteration and Use of Land, Buildings and Other Structures, of the Code of the City of Roanoke, 1956, as amended, be amended by the addition of a new section to be numbered 33.2 and entitled Inoperative Motor Vehicles, to read and provide as follows: 3135 Sec. 33.2. Inoperative motor vehicles. ATTEST: No property zoned for Residential or Commercial purposes shall be used for the parking or storage of any inoperative motor vehicle, trailer or semi-trailer, as defined in SS46.1 of the Code of Virginia, 1950, as amended, not currently licensed or not displaying a valid inspection sticker, unless said vehicle be parked or stored in an entirely enclosed building or be screened so as not to be exposed to public view from any public street, or road, or other property. This section shall not apply to an antique motor vehicle as defined in SS46.1 of the Code of Virginia, 1950, as amended, nor to a licensed business which on June 26, 1976, is regularly engaged in business as an automobile dealer, salvage dealer or scrap processor. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22867. AN ORDINANCE providing for the extension of the curb and sidewalk on the southwestern corner of the intersection of Church Avenue, S. W., and 2nd Street, S. W., into the southerly right of way of Church Avenue, S. W. WHEREAS, the City's Planning Commission, after holding a public hearing, on its own motion recommended to the Council by report dated March 22, 1976, that the curb and sidewalk on the southwestern corner of the intersection of Church Avenue, S. W., and 2nd Street, S. W., be extended into the southerly right of way of Church Avenue, S. W., so that east bound traffic on Church Avenue, S. W., would have to circle to the left around the Robert E. Lee Plaza and proceed in a west bound direction on Church 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 April 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 the 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 WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the curb and sidewalk on the southwestern corner of the intersection of Church Avenue, S. W., and 2nd Street, S. W., be extended into Church Avenue, S. W., as hereinafter provided. 306 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized through the person of the Director of Public Works to extend the curb and sidewalk located on the southwestern corner of the intersection of Church Avenue, S. W., and 2nd Street, S. W., into the southerly right of way of Church Avenue, $. W., which extension 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 3rd day of May, 1976. No. 22868. AN ORDINANCE permanently vacating, discontinuing, and closing a certain street in Section 3, of Mill Mountain Estates known as Judith Lane, S. E., as shown on a plat drawn by Buford T. Lumsden & Associates, dated January 9, 1976, showing the vacation of Judith Lane, S. E., a copy of which plat is on file in the office of the City Clerk. WHEREAS, the Council has heretofore, upon the recommendation of the City's Planning Commission, by Resolution No. 22807, proposed to permanently close, vacate, and discontinue the street hereinafter described, and appointed viewers to view said street and to report to the Council as provided 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 street and have reported to the Council in writing under date of April 26, 1976, that in their opinion no inconvenience would result, either to any individual or to the public, from permanently vacating, closing and discontinuing said portion of said street; 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 April, 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 street 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 a public street, 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 portion of that street situate in the City of Roanoke, to-wit: Starting at a point, said point being the north- westerly corner of Lot 1, Block 11, of Section 3, of Mill Mountain Estates; thence, N. 24 deg. 15' 00" E., 50.00 feet to a point; thence, S. 65 deg. 45' 00" E., 126.62 feet to a point; thence, a curved line to the left having a radius of 25.00 feet, an arc distance of 45.78 feet, chord distance and bearing of 39.65 feet, N. 61 deg. 47' 20" E., to a point, said point being situated on the westerly right-of-way line of Estates Road, S. E.; thence, along the westerly right-of-way line of Estates Road, S. E., S. 9 deg. 19' 40" W., 65.06 feet to a point; thence, along the said right-of-way line a curved line to the left having a radius of 250.23 feet, an arc distance of 41.95 feet, a chord distance and bearing of 41.90 feet, S. 14 deg. 07' 50" W., to a point; thence, leaving the said right-of-way line a curved line to the right having a radius of 25.00 feet, an arc distance of 36.95 feet, a chord distance and bearing of 33.68 feet, S. 23 deg. 24' 30" E., to a point; thence, N. 65 deg. 45' 00" W., 150.00 feet to the Place of BEGINNING, being shown in detail on plat drawn by Buford T. Lumsden & Associates, dated January 9, 1976, showing the vacation of Judith Lane, S. E., a copy of which plat is on file in the Office of the City Clerk. be, and is hereby permanently VACATED, DISCONTINUED and CLOSED as a public street, and that all right, title and interest of the public in general in and to such portion of said street as a public street thoroughfare of the City, is hereby terminated and released insofar as this Council is empo~ered so to Po, the City of Roanoke hereby expressly reserving an easement in said portion of said street for the maintenance, operation, repair and replacement of any existing water line, or other municipal installation or public utility now located therein, such easement or easements to terminate upon the later abandonment of use or permanent removal therefrom of any such municipal or utility installation by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to mark "permanently vacated, discontinued, and closed" that portion of said former street herein vacated on all maps and plats in his office, referrin¢ 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 ordinan in order that the same be recorded in said last_mentioned 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 Judith Lane, S. E., hereinabove 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 308 express its appreciation to the aforesaid viewers for their services in this regard. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22874. AN ORDINANCE 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 Real Estate Committee by report dated April 26, 1976, recommended that the Council authorize leasing of the former Tinker School site to the Science Museum Association of Roanoke Valley, upon the terms hereinafter provided, in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized upon the effective date of this ordinance to enter into lease agreement on behalf of the City with the Science Museum Association of Roanoke Valley, leasing to said Association 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 considera of $1.00 per year, 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; (b) That the lessee be permitted to use certain trails in the Mason Mill Park; (c) 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, indenmify 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 That the lessee shall maintain liability and fire insurance policies ;ion 309 (h) 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22875. AN ORDINANCE authorizing and providing for the City's leasing to Dr. J. B. Rapoport and Dr. R. D. Blum of a certain 0.1159 acre parcel of land located on the east side of Peters Creek Road, N. W., north of Tennessee Avenue, N. W., upon certain terms and conditions. WHEREAS, the Real Estate Committee by report dated April 26, 1976, recommended that the Council authorize the lease of property owned by the City located at the intersection of Peters Creek Road, N. W. and Tennessee Avenue, N. W., to Doctors J. B. Rapoport and R. D. Blum for an annual consideration of $140.00; in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 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 Dr. J. B. Rapoport and Dr. R. D. Blum, leasing to said doctors that 0.1159 acre parcel of land located on the east side of Peters Creek Road, N. W., north of Tennessee Avenue, N. W., as shown on a plat dated January 26, 1976, prepared by C. B. Malcolm & Son, Virginia State Certified Engineers, on file in the office of the City Clerk, 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 term of lease shall be for one (1) year, to be renewed automatically unless either party provides the other party with sixty (60) days written notice of intent to terminate said lease; (b) That in the event the property subject of the lease is needed for street widening purposes, the lease shall terminate automatically; (c) That the lessee make no improvements upon said premises other than a driveway and blacktopping; (d) That there shall be paid to the City as rental for said premises the sum of $140.00 per year, payable in advance; (e) That such lease shall not be held to exempt the lessee from the payment of any general State or local license or privilege tax properly assessable upon the tenant of the leased premises by reason of any business or occupation conducted upon the leased premises; 310 (f) 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) 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22883. AN ORDINANCE amending Chapter 1. General Provisions., of Title X.I. Human Services., of the Code of the City of Roanoke, 1956, as amended, by repealing section 7. Advisory board of public welfare., thereof, and by adding to Chapter 1 of Title X.I., aforesaid, Sec. 7.1 Advisory board of human services; responsi- bilities and duties. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 7. Advisory board of public welfare, of Chapter 1, Title X.I., Human Services. of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby REPEALED. BE IT FURTHER ORDAINED that Chapter 1. General Provisions., of Title X.I. Human Services, of the Code of the City of Roanoke, 1956, as amended, be further amended by the addition of a new section, to read and provide as follows, viz: Sec. 7.1. Advisory board of human services; responsi- bilities and duties. There shall be an advisory board of human services consisting of twelve members who shall be citizens of the city. They shall hold no office of profit under the city government and shall serve without compensa- tion. Appointments heretofore made to the advisory board of public welfare are hereby confirmed as members of the advisory board of human services, and as terms of members heretofore appointed to such advisory boards expire, appointments shall be made by the city council for terms of three years, each. Vacancies in the membership of the board shall be filled by the council for the unexpired portion of the term. The advisory board of human services shall choose annually one of its number to be chairman for a term of one year and until his successor is chosen and qualifies. ATTEST: An employee of the directorate of human services shall be assigned by the director of human services to act as secretary of the board. The board shall hold such regular meetings as it may determine and special meet- ings may be held at any time on call of the chairman of the board, the director of human services or of any three members of the board. The advisory board of human services shall advise the city council and the director of human services, or any other person designated by the directorate, on matters of human services for which the director is responsible. The director shall provide to the advisory board of human services such information concerning human services as may be deemed advisable or which may reasonably be requested by the advisory board. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22886. AN ORDINANCE to amend and reordain Section #18200, "Schools - Library Materials, Title IV, Part B, P. L. 93380," 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 #18200, "Schools Library Materials, Title IV, Part B, P. L. 93-380," of the 1975-76 Appropriation Ordinance, be, and the sa~e is hereby, amended and reordained to read as follows, in part: SCHOOLS - LIBRARY MATERIALS, TITLE IV, PART B, P. L. 93-380 #18200 Library Materials, Title IV, Part B, P. L. 93-380 (1) ...................... $20,240.00 Not previously appropriated (1) Net increase ............. $20,240.00 *100% of expenditures to be reimbursed by Title IV, P. L. 93-380 funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 31.2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22887. AN ORDINANCE to amend and reordain Section #63200, "Schools - Special Research Project, Adult Basic Education," 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 963200, "Schools - Special Research Project, Adult Basic Education," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - SPECIAL RESEARCH PROJECT, ADULT BASIC EDUCATION 963200 Postage (1) ........................ $700.00 Not previously appropriated (1) Net increase ............. $200.00 *100% to be reimbursed by State Department of Education funds BE IT FURTHER ORDAINED that, an emergency existing, this shall be in effect from its passage. APPROVED ATTE S T: City Clerk Ordinance Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22888. A RESOLUTION authorizing the Cosmopolitan Club of Roanoke to proceed with the construction of a track facility at Victory Stadium, upon certain terms and conditions. WHEREAS, the City Manager, in an April 12, 1976 report to this Council, recommended that a certain group of citizens be authorized to proceed with the construction of a track facility at Victory Stadium with the City providing engineering assistance, in which report the Council concurred; and WHEREAS, the Cosmopolitan Club of Roanoke, in an April 28, 1976 communic to this Council, advised this Council of its intent as that group of citizens to proceed with the construction of said track facility. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Cosmopolitan Club of Roanoke be authorized to proceed with the construction of a track facility at Victory Stadium, which construction shall include the :ion relocation and installation of fencing, the installation of new curbing, the pavement of the track surface with bituminous concrete, and the relocation of storm drainage inlets to the satisfaction of the City Manager and any other measure pertinent to said construction as deemed necessary by the City Manager. BE IT FURTHER RESOLVED that the City shall provide for said track facility the engineering services to establish the alignment, grade and lane line of the track, the painting of the lane lines and the seeding of disturbed grass areas. BE IT FINALLY RESOLVED that the City Clerk be and is directed to transmit an attested copy of this resolution to the Cosmopolitan Club of Roanoke. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22889. AN ORDINANCE to amend and reordain Section 9748, "Engineering and Building Inspection," 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 9748, "Engineering and Building Inspection," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ENGINEERING AND BUILDING INSPECTION 9748 Overtime (1) ........................... $ 4,000.00 Supplies and Materials (2) ............. 18,135.00 Transfer (1) Net decrease $4,500.00 .. (2) Net increase 4,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage.. APPROVED ATTEST: City Clerk Mayor 313 31.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22890. AN ORDINANCE to amend and reordain Section #450, "Water Capital Outlay From Revenue," and Section #320, "Water General Expense," of the 1975-76 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 #450, "Water Capital Outlay From Revenue," and Section #320, "Water General Expense," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and ~eordained to read as follows, in part: WATER CAPITAL OUTLAY FROM REVENUE #450 Plant Replacement Estimates (1) ......... $ 75,000.00 New Services, Hydrants and Water Lines (2) ........................ 362,000.00 WATER GENERAL EXPENSE 9320 Public Works Services (3) ............... 407,629.00 Transfer ~1) Net decrease. (2) Net increase. (3) Net increase $115,000.00 50,000.00 65,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22891. AN ORDINANCE to amend and reordain Section 9889, "Transfers to Capital Improvements 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, ~'E'iT ORDAINED by the Council of the City of Roanoke that Section 9889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriatio Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 315 TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 West End Elementary School Razing and Demolition (1) .............. $17,499.00 Not previously appropriated (1) Net increase ........ $2,499.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22892. AN ORDINANCE accepting a certain bid and awarding a certain contract for demolition °f-a certain building on City owned property located at 922 Campbell Avenue, S. W., upon certain terms and conditions; rejecting other bids therefor; and providing for an emergency. WHEREAS, on April 16, 1976, after due and proper advertisement had been made therefor, two (2) bids for demolishing West End Elementary School located at 922 Campbell Avenue, S. W., were received in the office of the City's Manager of Purchasing and Materials Control and opened and read before three members of a committee appointed for the purpose, which bids were, thereafter tabulated and studied by said committee which has made written report and recommen- dation to the Council, in which recommendation the City Manager concurs, from which it appears that the bid, including Alternate #1, hereinafter accepted, is the lowest and best bid made to the City, meeting the City's specifications for said demolition, and should be accepted. WHEREAS, funds sufficient to pay the cost of the demolition hereinafter authorized have been or are being appropriated by the Council 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 Branch and Associates, Incorporated, to demolish West End Elementary School located at 922 Campbell Avenue, S. W., in full accord- ance with the City's plans and specifications made therefor, including Alternate #1, and with said bidder's proposal, for a total price of $17,499.00, cash, for all said work, be and said bid is hereby ACCEPTED; and 2. That the other bid made to the City for the aforesaid demolition of said building be, and is hereby REJECTED; the City Clerk to so notify said other bidder and to express the City's appreciation of said bid; and 316 3. 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 provision of the demolition mentioned and described in Paragraph 1, above, said contract to have incorporated therein the City's requirements and specifications for the work, including Alternate 91, so authorized to be done, the bidder's proposal made to the City, and the provisions of this ordinance; and upon satisfactory completion of all said work accepted by the City as meeting all said specifications, the City 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 work. 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 3rd day of May, 1976. No. 22893. A RESOLUTION expressing the City's appreciation to the Volunteer Fire Departments of the Towns of Vinton and Stewartsville and the State Forestry Service for services rendered in extinguishing a fire on City property in Bedford County. WHEREAS, the City Manager, by report dated May 3, 1976, recommended that this Council send a resolution of appreciation to the Volunteer Fire Departmer. of the Towns of Vinton and Stewartsville and the State Forestry Service for their aid in extinguishing a fire on City property in Bedford County. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council expresses the City's appreciation to the Volunteer Fire Department of the Town of Vinton, the Volunteer Fire Department of the Town of Stewartsville and the State Forestry Service for services rendered in extinguishing a fire on City owned property in the Beaver Dam Reservoir area of Bedford County. BE IT FURTHER RESOLVED that the City Clerk be and is directed to transmit copies of this resolution to the Volunteer Fire Departments of the Towns of Vinton and Stewartsville and to the State Forestry Service. APPROVED ATTEST: ~ Mayor City Clerk 317 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22894. AN ORDINANCE amending and reordaining subsection (b) of Section 5, Chapter 13, Title II, of the Code of the City of Roanoke, 1956, as amended, relating to the responsibilities and duties of the Personnel Board; and providing for an emergency. WHEREAS, is 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 Section 5, Chapter 13, 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: (b) To hear and render final decisions on appeals from any action pertaining to classification, reclas- sification and allocation of positions and from any disciplinary action suspending or reducing~n rank or pay any officer or employee in the classified service of the city; and to hear appeals from any action per- taining to the dismissal or removal of any officer or employee in the classified service and report its findings thereon to the city manager for final dispo- sition. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect from and after its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22895. AN ORDINANCE to amend and reordain certain sections of ~e 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: REFUSE COLLECTION 9269 Salaries and Wages (1) ............... $ POLICE DEPARTMENT 9345 Salaries and Wages (2) FIRE DEPARTMENT 9347 Salaries and Wages (3) 998,919.22 ............... 2,400,639.10 ............... 2,630,848.77 31.8 (1) Net decrease (2) Net decrease (3) Net decrease $ 37,771.28 92,949.90 105,171.73 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 'The 3rd day of May, 1976. No. 22896. 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: REFUSE COLLECTION #269 Salaries and Wages (1) ............... $1,036,690.50 POLICE DEPARTMENT #345 Salaries and Wages (2) ............... 2,493,589.00 FIRE DEPARTMENT #347 Salaries and Wages (3) ............... 2,736,020.50 REVENUE SHARING TRUST FUND (4) ............ 113,485.25 (1) Net increase (2) Net increase (3) Net increase (4) Net decrease $ 37,771.28 92,949.90 105,171.73 235,892.91 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22898. A RESOLUTION commending the Auxilary Police of the City of Roanoke for their valuable services to the City. WHEREAS, the City Manager, by report dated April 26, 1976, commended the Auxilary Police of the City for their interest in law enforcement and their voluntary participation in police activities, in which report this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does commend the Auxilary Police of the City of Roanoke for the valuable services which they have rendered to the City 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. ~ No. 22899. AN ORDINANCE to amend and reordain Section #450, "Capital Outlay From Revenue," 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 #450, "Capital Outlay From Revenue," of the 1975-76 Appropriation Ordinance be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE #450 Airport Electrical Renovation (1) ........ $75,337.00 Not previously appropriated (1) Net increase .............. $75,337.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 320 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1976. No. 22900. A RESOLUTION supporting Town Meeting '76. WHEREAS, it has come to this Council's attention that in celebration of the Bicentennial there has been scheduled, at the Salem-Roanoke Valley Civic Center, Town Meeting '76, a national program created by the Institute of Cultural Affairs and officially recognized by the American Revolutionary Bicentennial Administration and sponsored locally by the Virginia Western Community College to be held on Saturday, May 15, 1976; and WHEREAS, this Council does support the Town Meeting '76 as being in the best interests of the citizens of the Roanoke Valley and in keeping with the celebration of the Bicentennial. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does support Town Meeting '76 to be held on Saturday, May 15, 1976, at the Salem-Roanoke Valley Civic Center and that this. Council does further urge that the citizens of the Roanoke Valley support and attend said Town Meeting '76.. BE IT FURTHER RESOLVED that the City Clerk be and is directed to transmi an attested copy of this resolution to Harry Race, Coordinator, Steering Committee Town Meeting '76, Virginia Western Community College. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day.of May, 1976. No. 22897. AN ORDINANCE amending and reordaining Sec. 7 and Sec. 9, of Chapter 2, of Title XV of the Code of the City of Roanoke, 1956, as amended, providing for a change in membership of the Electrical Board of Examiners, and providing for a two year qualification to be eligible to take the electrical contractor's examination. WHEREAS, the City Manager, by report dated April 26, 1976, recommended to this Council that the membership of the City's Electrical Board of Examiners be changed and that a two year qualification period for applicants for the City's electrical contractor's examination be established. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 7. Board of Examiners - Creation; composition; officers, of Chapter 2. Electrical Code, of Title XV. Construction, Alteration and Use of Land, Buildings and Other Structures, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: Sec. 7. Board of Examiners - Creation; composition; officers. There is hereby created a board of examiners, which shall consist of five members. Such board shall be composed of two electrical contractors, one electrical engineer, one electrician and a representative of the local electrical power company, which members shall be appointed by the city manager. The board shall elect from its membership officers who shall serve annual ter~s as such and may succeed themselves. The electri- cal inspector and the chief of the fire department shall be members of the board, ex officio, and the electrical inspector shall serve as the board's secretary. BE IT FURTHER ORDAINED that Subsection (a) of Sec. 9, Electrical contractors' and electricians' examinations and certificates of qualification - Generally, of Chapter 2. Electrical Code, of Title XV. Construction, Alteration and Use of Land, Buildings and Other Structures, of the aforesaid code, be amended and reordained to read and provide as follows: Sec. 9. Electrical contractors' and electricians' examina- tions and certificates of qualification - Generally. (a) Every person who desires to engage~in the business of an electrical contractor or electrician in the city si~all make application to the office of the electrical inspector for examination as to his proficiency and capacity to do electrical work. Further, any person to be eligible to take the electrical contractor's examination shall have been certified as an elec- trician for two years or shall provide the board of examiners with an affidavit from a certified electrical contractor estab- lishing that such person has two years of practical experience as an electrician. Before such person is eligible to engage in such business, he shall have passed the examination given by the board of examiners and have had issued to him a certifi- cate of qualification, such certificate of qualification not having expired by limitation as set out in paragraph (b) of this section. The board of examiners shall deliver to every such person passing such examination a certificate of qualifi- cation. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 1976. No. 22901. A RESOLUTION authorizing execution of the acceptance of Grant No. R60-54-28B from the National Endowment for the Arts for the support of the Roanoke Valley Arts Council. WHEREAS, the City Manager, in a May 10, 1976 report to this Council, recommended he be given authority to accept a grant of $12,500.00 from the National Endowment for the Arts, in which recommendation this Council concurs. 322 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to execute for and on behalf of the City on form approved by the City Attorney the acceptance of Grant No. R60-54-28B from the National Endowment for the Arts in the amount of $12,500.00, to be used with certain local funds to support the Roanoke Valley Arts Council, the execution of said acceptance to include the execution of any assurances deemed necessary by the National Endowment for the Arts. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 1976. No. 22902. A .RESOLUTION authorizing the City's application to the United States of America, Department of Housing and Urban Development for a comprehensive plan- ning assistance grant, under Section 701 of the Housing Act of 1974, as amended, in the amount of $45,000.00, for funds to complete a new comprehensive plan for the City of Roanoke and to continue a management department, the Department of Programs Development; and authorizing the City Manager to execute the requisite grant application. WHEREAS, the Council deems it proper that the City of Roanoke apply for a grant of $45,000.00 of Federal funds from the United States of America, Depart- ment of Housing and Urban Development, as a comprehensive planning assistance grant under Section 701 of the Housing Act of 1974, upon the terms and conditions set out in such application. _. ~,.. ,~.THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Council doth authorize and direct that an application be made on behalf of the City to the United States of America, Department of Housing and Urban Development for the grant in the amount of $45,000.00 of Federal aid to assist in defraying the cost of completing a new comprehensive plan for the City of Roanoke and to continue a management department, the Department of Program~ Development, a copy of said application being on file in the office of the City Clerk. 2. That the City Manager be and he is hereby authorized and directed to execute, for and on behalf of the City, the requisite grant application. BE IT FURTHER RESOLVED that the City Clerk be and she is hereby authorized and directed to send an attested copy of this resolution to Mr. Carroll A. Mason, Area Director of the Department of Housing and Urban Development. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 1976. No. 22903. AN ORDINANCE approving the City Manager's issuance of Change Order No. 8, 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 tna~ s~q~en~ 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 May 10, 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 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 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: 323 3.24 DESCRIPTION OF CHANGE ORDER ADD A, B&H #60B Furnish and install support grillage for the 500 KVA and 1500 KVA trans- formers in accordance with Alvord, Burdick & Howson's letters dated Sept. 23, 1975 and Dec. 22, 1975 plus sketches dated Sept. 22, 1975 and Oct. 16, 1975 (JWB proposal %P-71 revised, dated Jan. 22, 1976) for the agreed upon lump sum including mark-up ....................... ~ $ + 1,694.00 A, B&H %66 Install an additional copper line east of the Laboratory Addition in accord- ance with Alvord, Burdick & Howson's letters of Oct. 6, 1975 and Nov. 25, 1975 (JWB proposal %P-76 dated Dec. 12, 1975) for the agreed upon lump sum in- cluding mark-up ......................... $+ 266.00 A, B&H %70 Furnish and install an additional road inlet in accordance with Alvord, Burdick & Howson's letter dated Nov. 17, 1975 (JWB proposal %P-80, dated Nov. 26, 1975) for the agreed upon lump sum including mark-up .............. $ + 2,044.00 A, B&H %72 Furnish and install primary metering for the 1500 KVA and 500 KVA trans- formers in accordance with Alvord, Burdick & Howson's letter dated Jan. 9, 1976, Bulletin %11 (JWB pro- posal %P-81 revised, dated March 24, 1976) for the agreed upon lump sum including mark-up ....................... $ + 2,143.00 A, B&H %73A Provide for future telephone service for the various plant buildings in accordance with Alvord, Burdick & Howson's letter of Oct. 13, 1975 (JWB proposal %P-77, dated Dec. 16, 1975) for the agreed upon lump sum including mark-up ................................. $ + 1,708.00 A, B&H 976 Install an additional 8" plug valve at the tie-in of the new 8" purified gas line to the present purified line in accordance with Alvord, Burdick & How- son's letter dated Dec. 22, 1975 (JWB pro- posal %P-86, dated March 17, 1976) for the agreed upon lump sum including mark-up .................................. $ + 470.00 A, B&H %77 Furnish and install three limestone sills in accordance with Alvord, Burdick & Howson's letter dated March 15, 1976, Bulletin %13, for the agreed upon lump sum including mark-up .................... $+ 125.00 A, B&H %78 Reroute the Laboratory Addition drain lines in accordance with Alvord, Bur- dick & Howson's letters dated Dec. 8, 1975 and Jan. 8, 1976 (JWB proposal %P-82 revised, dated Feb. 19, 1976) for the agreed upon lump sum including mark-up .................................. $ +4,084.00 A, B&H %80 Miscellaneous mechanical modifica- tions (including deleting 60' of 6" gas line, remove old hot water heater and tie existing hot water service to new Laboratory system, change new Lab gas supply from natural gas to sewer gas) in accordance with Alvord, Burdick & Howson's letters dated Feb. 2 and Feb. 4, 1976 and Broyles & Broyles' letter dated Jan. 9, 1976 (JWB proposal %P-87, dated Jan. 20, 1976) for .......... NO CHARGE DEDUCT 325 A, B&H #87 Omit the P.R.V. on the cooling water line in the Blower Building basement in accord- ance with Alvord, Burdick & Howson's letter dated Feb. 2, 1976 (JWB proposal #P-100, dated March 29, 1976) for ................ NO CHARGE A, B&H #89 Furnish and install four (4) 36" cast iron access hatches for the Digesters in accordance with Alvord, Burdick & Howson's letter of Feb. 11, 1976 (JWB pro- posal #P-97, dated March 17, 1976) for the agreed upon lump sum including mark-up... $ + 1,281.00 A, B&H #92 Modify the new gas purifier box in accord- ance with Alvord, Burdick & Howson's letter dated Feb. 25, 1976 with attached sketch (JWB proposal #P-96, dated March 17, 1976) for the agreed upon lump sum including mark-up... $ + 3,193.00 A, B&H #93 Add electrical wiring and equipment for the four (4) engine cooling water pumps in accordance with Alvord, Burdick & Howson's letter dated Feb. 18, 1976 with attached sketch (JWB proposal #P-94, dated March 15, 1976) for the agreed upon lump sum including mark-up .................................. $ + 6,051.00 A, B&H 994 Add to the existing Chlorine Building potable water line in accordance with Alvord, Burdick & Howson's letter dated Feb. 16, 1976 and sketch dated Feb. 13, 1976 (JWB proposal 9P-93, dated Feb. 27, 1976) for the agreed upon lump sum including mark-up .......... $ + 744.00 TOTAL AMOUNT THIS CHANGE ORDER $ +23,803.00 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. It has been mutually agreed t© by the City of Roanoke, Virginia, J. W. Bateson Company, Inc. and Alvord, Burdick & Howson that in order to afford access into the main building to perform the required remodeling work under Contract "E", it will be necessary to move the Laboratory and Maintenance personnel into the Laboratory and the Service Building. Also, to start renovation work in the three (3) 1950 digestion tanks, it will be necessary to transfer sludge from the old to the new tanks. April 5, 1976 being the day the above mentioned areas are to be made available for use with the exception of minor punch list work. Guarantee and warranties to start as soon as equipment is made operable. Based on the dollar value of the three areas as follows: Service Building Laboratory Addition Digesters 529,353.00 499,749.00 1,697,245.00, the five per cent (5%) retainage is to be paid out to the J. W. Bateson Com- pany, Inc. in the amount of ONE HUNDRED THIRTY SIX THOUSAND THREE HUNDRED SEVENTEEN DOLLARS AND THIRTY-FIVE CENTS ($136,317.35). Original contract amount $ 21,839,000.00 Contract amount adjusted for previous change orders Net amount of thiS c~nge order (add) Contract amount after this change order Date Date Date $22,124,773.00 $ 23,803.00 $22,148,576.00 Approved - ALVORD, BURDICK & HOWSON By Accepted for the Contractor By Approved for The City of Roanoke, Virginia By 326 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 1976. No. 22904. AN ORDINANCE to amend and reorda±n 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) .......... $7,212,798.65 Not previously appropriated (1) Net increase $25,588.23 *75% to be refunded from Federal Grant, 10% from State Grant, 15% local funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 32.7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 1976. No. 22906. AN ORDINANCE authorizing the City's execution of a written license agreement with Norfolk and Western Railway Company providing for a right to the City, its designee or contractor, to enter upon said Company's property so that the City, its designee or contractor, may conduct a survey in connection with the proposed widening of the north approach of Hunter Viaduct; and providing for an emergency. WHEREAS, in order to conduct a survey in connection with the proposed widening of the north approach of Hunter Viaduct at the location hereinafter described, it is necessary to enter upon property owned by Norfolk and Western Railway Company, and said Company has offered to grant to the City the right so to do, upon the City's acceptance and agreement to the terms of the written license agreement hereinafter mentioned; 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 ~oanoke that the City Manager be, and he is hereby authorized and empowered on behalf of the City to execute, in the name of the City, a certain written agreement in the form of a license, on Form CS31 of said Norfolk and Western Railway Company, granting to the City, its designee or contractor, for the consideration set forth in such agreement, the right to enter upon said property of said Company at or near its Mile Post N-257+2000 feet, more or less, in the City of Roanoke, on the Roanoke Terminal Division of said Company, as shown on Plan V-10-VA-34, Yl1850, dated October 23, 1953, which said agreement shall provide, inter alia, that the City, its designee or contractor shall have the right to enter upon said property to conduct a survey in connection with the proposed widening of the north approach of Hunter Viaduct; and that the City or its designee or contractor will agree to indemnify and save harmless said Company against loss or damage arising out of the exercise of the privileges under said agreement; said agreement to be upon such form, otherwise, 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. APPROVED ATTEST: City Clerk Mayor 3'28 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22907. AN ORDINANCE amending Sec. 5.2. Same - Refuse collection; collection char~es, of Chapter 3. Sanitary Regulations, of Title XIII. Health, of the Code of the City of Roanoke, 1956, as amended, providing for a five dollar charge for each additional collection of a bulk container unit per week beyond the initial collection; providing for a fifteen dollar charge for the collection of any container unit of refuse that must be transported to another location; and providing for the effective date of this ordinance. WHEREAS, the City Manager, by report dated March 22, 1976 to this Council, recommended adoption of an ordinance by Council amending that section of the city code relative to refuse collection as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 5.2. Same - Refuse collection; collection char~es, of Chapter 3. Sanitary Regulations, of Title XIII. Health, be amended and reordained to read and provide as follows: Sec. 5.2. Same - Refuse collection; collection char~es. The city shall provide for one collection of each bulk container unit of refuse per week at each location in the city without charge to the owner or occupant thereof; in any week, for each additional collection of a bulk container unit at any such location, there shall be a charge of five dollars per unit imposed upon the owner or occupant situate at such location. The term "bulk container unit" shall be held to mean a metal container of not less than one-half cubic yard nor larger than eight cubic yards in capacity and shall be constructed so that it may be mechanically lifted onto a standard city vehicle upon collection. The unit shall have doors on both sides and a door on the top. The unit shall be placed at a location on the premises satisfactory with the superintendent of refuse collection and the refuse in such container shall be the only refuse removed from the premises by the city, except as provided in sections 6 and 9 of this chapter. There shall be a charge of fifteen dollars per unit for the collection by the city of any container unit of refuse that must be transported to another location in order to provide for the disposal of its contents, said charge to be imposed upon the owner or occupant situate at any such location where said containers are located. BE IT FURTHER ORDAINED that this ordinance shall be in force and effect on and after July 1, 1976. APPROVED ATTEST: City Clerk Mayor 329 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22908. AN ORDINANCE providing for the lease to Mill Mountain Playhouse Company of the premises known as Rockledge Inn, on Mill Mountain, for terms comprising a portion of five (5) calendar years, upon certain terms and conditions. WHEREAS, Mill Mountain Playhouse Company, sponsoring a professional theatrical group and operating a summer theatre atop Mill Mountain, has requested that it be granted a new lease of the City's Rockledge Inn premises on Mill Mountain being, at the time, delinquent in payment to the City of certain rentals reserved under written lease between the City and said Company which expired September 15, 1971; and WHEREAS, the Council considers that, notwithstanding said Company's default in rental payments covenanted to be paid under said prior lease, said Company, in making professional drama available to the community during summer months, provides to a degree an aspect of cultural life essential to the developmen' of the community; is recognized by and receives financial support and encouragement from respected citizens of the community; and is worthy of encouragement by the local government. 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 written lease agreement with Mill Mountain Playhouse Company, a corporation, leasing to said Company the premiSes known as Rockledge Inn, on Mill Mountain, for terms comprising a portion of the calendar year of 1976 and of each of the four (4) following calendar years, the first of which said terms shall have commenced as of May 1, 1976, and shall expire on September 15, 1976, with like terms commencing and terminating on the same days of the same months of each of the next four (4) consecutive years, namely 1977, 1978, 1979, and 1980; such written lease to be upon such form as is prepared and approved by the City Attorney and to include provision, amongst other of its terms, for the following: 1. That the premises shall be occupied and used by Mill Mountain Playhouse Company, lessee, solely for the purpose of a summer theatre and as a temporary residence for officials, employees and engaged actors and personnel appearing or assisting in the productions presented by said summer theatre, which productions shall be made available to and for the benefit and enjoyment of the residents of the City and others; and 2. That said lessee's use and occupancy of said premises shall at all times be subject to the order and regulation of the City Manager; and 3. That said lessee will comply with all applicable laws and ordinances and 3'30 4. That said lessee will keep in a manner satisfactory to the Municipal Auditor accurate entries and records of all moneys received through the exercise of the rights and privileges herein granted; and will permit said entries and records to be inspected, examined or audited, at all reasonable times by the City's representatives; and, further, will furnish and deliver to the City Clerk a cash bond or bond with corporate surety in the amount of $500.00 conditioned upon the full and complete performance of the terms and conditions agreed to in this paragraph; and 5. That said lessee will keep the leased premises clean and attractive before and during performances and will remove all refuse therefrom within twelve (12) hours following each performance; and 6. That said lessee will save the City harmless from and against any and all claims for damages or injuries to persons or property which may, in any manner whatsoever, arise out of or be caused by the activities of the lessee hereunder; and, in no way limiting its personal liability herein assumed therefor, lessee will obtain (and deliver unto the City evidence thereof) such insurance as the City Manager may require, further protecting the City. of and from all such claims, damages or injuries; and 7. That said lessee will not assign, in whole or in part, this lease; nor remove, alter or change any fixture or appurtenance upon the premises without first obtaining the written consent of the City Manager to do so; and 8. That said lessee will preserve and maintain the interior of the leased property and return the same to the City at the termination of each four and one-half months' portion of the term of this lease in its present condition, subject, however, to the usual wear and tear; and 9. That said lease shall be at all times subject to any concession rights or privileges which the City may have awarded or granted to others for the sale of any food or beverages on Mill Mountain or at Rockledge Inn; and 10. That, in event the City should authorize the making of a lease of said property to a department of the federal government, or should authorize and direct the use of the leased premises for any specified public purpose, it may terminate this lease upon two (2) months' written notice to the lessee; and 11. That in event of any breach by the lessee, or by any party acting with the consent or authority of the lessee, of any agreement or covenant provided to be performed, kept or observed by said lessee, this lease may, at the sole option of the City and without prior notice to lessee, be terminated forthwith and thereafter shall be deemed null and void for all purposes whatsoever except the City's right to recover any money in default; and 12. That the lessee shall be solely responsible for and shall pay all costs and expenses attendant upon its use and occupancy of the leased premises for the purposes hereinabove provided and that, after payment of all such costs and expenses, including accrued capital indebtedness and including all State, , 33Z Federal and local taxes which are properly assessable on said lessee, said lessee will pay over and deliver to the City, by payment to the City Treasurer on or before the 20th day of September of each year during the term of this lease, and following the last year hereof, all of the net revenue of the said lessee derived from its operations on the leased premises, its revenue to include income to the leSsee from all sources from which the same may be received or earned, until the total amount of such net revenue so paid to the City shall have equalled said lessee's accrued indebtedness of unpaid rental to the City as of the commencemE of this lease; thereafter, lessee shall pay to the City, as rental for the demised premises during the remainder of the term of this lease fifty per centum (50%) of all of the lessee's net revenues; and 13. That the City agrees that the lessee shall have quiet enjoyment of its aforesaid term of lease; and 14. That the City agrees that it will maintain the outside of the premises in good and attractive order; and 15. That the City agrees to supply to the lessee without charge water reasonably sufficient for the normal needs of the lessee in its occupancy of the demised premises; and 16. That it be stipulated and agreed between the parties that the condition of the premises is satisfactory to the lessee and that the same are being leased "as is", and without warranty as to condition or fitness by the City; the lessee to have right of inspection of the premises prior to each annual occupancy of the premises. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22909. AN ORDINANCE to amend and reordain Section %106, "Commissioner of Revenue," 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 %106, "Commissioner of Revenue," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMISSIONER OF REVENUE %106 Supplies and Materials (1) ......... $ 22,500.00 Not previously appropriated (1) Net increase $3,000.00 ~t 332 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22910. AN ORDINANCE to amend and reordain "Schools," of the 1975-76 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 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS Administration (1) ................... $ 548,230.66 Instruction (2) ...................... 12,807,317.72 Operation of School Plant (3) ........ 2,283,801.00 Fixed Charges (4) .................... 1,101,829.09 Food Services (5) .................... 1,649,736.00 Not previously appropriated (1) Net increase. $ 2,405.66 (2) Net increase. 18,833.72 (3) Net increase. 7,462.74 (4) Net increase. 3,129.09 (5)'Net increase. 11,287.00 *100% of expenditures to be reimbursed by C.E.T.A., Title VI 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 17th day of May, 1976. No. 22911. AN ORDINANCE to amend and reordain Section 9475, "Parks and Recreation," and Section 9675, "Snow and Ice Removal," 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 9475, "Parks and Recreation," and Section 9675, "Snow and Ice Removal," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: PARKS AND RECREATION 9475 Extra Help (1) ......................... $25,700.00 Play Leaders (2) ....................... 64,900.00 Umpires and Scorekeepers (3) ........... 42,500.00 Contractual Services (4) ............... 3,640.82 Supplies and Materials (5) ............. 37,500.00 Building and Fixed Equipment (6) ....... 9,284.53 Other Equipment (7) .................... 4,234.15 SNOW AND ICE REMOVAL 9675 Personal Services (8) .................. 36,135.49 Supplies and Materials (9) ............. 11,545.83 Transfer (1) Net increase (2) Net increase (3) Net increase (4) Net increase (5) Net increase (6) Net decrease (7) Net decrease (8) Net decrease (9) Net decrease $ 1,700.00 2,400.00 8,000.00 300.00 1,600.00 215.47 465.85 --- 864.51 --- 12,454.17 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22912. AN ORDINANCE to amend and reordain Section 9605, "Utility Line Facilities 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. 333 3:34 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 9605, "Utility Line Facilities," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: UTILITY LINE FACILITIES 9605 Salaries and Wages (1) ................ $701,991.00 Overtime (2) ............... 20,500.00 Maintenance o~ ~ui~in~ ~pe~[y and Equipment (3) .................... 59,000.00 Supplies and Materials (4) ............ 33,500.00 Transfer (1) Net decrease (2) Net increase (3) Net increase (4) Net decrease $2,500.00 2,500.00 4,000.00 4,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22913. AN ORDINANCE to amend and reordain Section 9605, "Utility Line Facilities 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 9605, "Utility Line Facilities," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: UTILITY LINE FACILITIES 9605 Supplies and Materials (1) ................ $115,500.00 Not previously appropriated (1) Net increase $82,000.00 *100% reimbursed by Water Department Enterprise Account 450-960 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 335 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22914. AN ORDINANCE to amend and reordain Section #347, "Fire," and Section #671, "Motorized Vehicle Maintenance," of the 1975-76 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Govern- ment 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 #347, "Fire," and Section #671, "Motorized Vehicle Maintenance," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: FIRE #347 Vehicular Equipment (1) .................. $ 430,862.00 MOTORIZED VEHICLE MAINTENANCE #671 Maintenance of Buildings, Property and Equipment (2) ........................... 333,000.00 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22915 ..... .. AN ORDINANCE authorizing the issuance of change Order No. 4 to the City's contract dated April 4, 1975, with Hodges Lumber Company, authorized by Ordinance No. 22145, for remodeling the Roanoke City Nursing Home, by providing for an extension of the working time provided in said contract, from December 16, 1975, to May 3, 1976; and providing for an emergency. WHEREAS, the City Manager, in report dated May 17, 1976, has recommended that the Council approve the issuance of a change order to the City's contract with Hodges Lumber Company dated April 14, 1975, to provide for extension of the working time provided in said contract from December 16, 1975, to May 3, 1976, 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; and 336' 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. 4 to the City's contract with Hodges Lumber Company to provide for an extension of the working time provided in said contract from December 16, 1975, as set out in said change order on file in the office of the City Clerk, 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 17th day of May, 1976. No. 22916. AN ORDINANCE authorizing the issuance of Change Order No. 2 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 extension of the'time'to complete the work from May 7, 1976 to June 7, 1976; 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 construction of the new Northwest Branch Library, to provide for an extension of the time to complete the work from May 7, 1976, to June 7, 1976; and WHEREAS, the City's contractor has requested the issuance of such change order and such change order will not result in additional cost to the City; 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. 2 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 extension of the time necessary to complete the work from May 7, 1976, to June 7, 1976, as set out in the City Manager's report dated May 17, 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. 337 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 17th day of May, 1976. No. 22917. 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: NEW SOUTHWEST PARK #820 New Southwest Park (1) .................. $ 90,837.00 PARK AREA IMPROVEMENTS #825 Park Area Improvements (2) .............. 196,000.00 DEANWOOD ROAD PROJECT ~810 Deanwood Road Project (3) ............... 102,163.00 Transfer (1) Net decrease ............. $34,163.00 (2) Net increase ............. 6,000.00 (3) Net increase. 28,163.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 3'38 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22918. AN ORDINANCE to amend and reordain Section 9537, "Social Services," 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 9537, "Social Services," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SOCIAL SERVICES 9537 Refund Improper Payments [l~ ............... $7,418.97 Not previously appropriated (.1] Net increase. $4,084.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF T~E CITY OF ROANOKE, VIRGINIA, Tke 17th day of May, 1976. No. 22920. AN ORDINANCE to amend and reordain Section 9664, "Buildings Maintenance," and Section 9889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropri Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 9664, "Buildings Maintenance," and Section 9889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: BUILDINGS MAINTENANCE 9664 Maintenance of Buildings, Property and Equipment (1) ................... $449,709.04 TRANSFERS TO CAPITAL IMPROVEMENTS FUND 9889 Victory Stadium Concession Stands (2) .......................... $ 28,794.98 Transfer (1) Net decrease $10,194.98 (2) Net increase 10,194.98 tion 339 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22921. AN ORDINANCE accepting a certain bid and awarding a certain contract for remodeling of concession stands and reconstructing sidewalks at Victory Stadium, 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 May 10, 1976, and after due and proper advertisement had been made therefore, three (3) bids made to the City for remodeling of concession stands and reconstructing sidewalks at Victory Stadium were opened and read before the Council, whereupon said bids were referred to a committee for study and report thereon baCk't0'~the Council; and WHEREAS, said committee has reported to the Council under date of May 17, 1976, from which it appears that the bid hereinafter accepted represents the lowest and best bid received by the City, meeting the City's specifications for said work, and should be accepted. WHEREAS, funds have been or are being appropriated by the Council sufficient to pay the cost of the remodeling and reconstruction hereinafter authorized to be done and, for the usual daily operation of the municipal governmen' 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 Thor, Inc., for remodeling of concession stands and reconstructing sidewalks at Victory Stadium, in full accordance with the City's plans and specifications made therefor and with said bidder's proposal, for a total price of $18,790.00, 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 and described in Paragraph 1, above, said contract to have incorporated therein the City's requirements and specifications for the work so authorized to be done, the bidder's proposal made to the City, and the provisions of this ordinance; 34O and upon satisfactory completion of all said work accepted by the City as meeting all said specifications, the Director of Finance shall be, and is hereby authorized to make payment to said contractor in accordance with the provisions of this ordinance and said contract, charging said payments to appropriations heretofore or hereafter made by..the City for said improvements. BE IT FURTHER ORDAINED 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 shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22922. AN ORDINANCE accepting the joint proposal of Virginia Asphalt Paving Company, Inc., and Adams Construction Company for the paving 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 May 10, 1976, and after due and proper advertisement had been made therefor, three (3) bids for the resurfacing of streets at various locations throughout the City were opened and read before the Council, whereupon all said 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 all said bids and has further reported that the joint bid of Virginia Asphalt Paving Company, Inc., and Adams Construction Company is the lowest and best bid made to the City for the resurfacing of the streets 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal, made as a joint venture, of Virginia Asphalt Paving Company, Inc., and Adams Construction Company for the paving of streets at various locations throughout the City, in accordance with the Virginia Departmer of Highway's specifications and as described in the City's plans and specifications for a sum of $129,353.20, based on unit prices and estimated quantities, 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 the aforesaid Virginia Asphalt Paving Company, Inc., and Adams Construction Company, the same to incorpor~ the terms and conditions of this ordinance, said bidders' joint 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 appropriated by the Council for the purpose. BE IT FURTHER ORDAINED that all other bids made to the City for the paving of various streets in the City be, and said bids are hereby REJECTED; the City Clerk to so notify all said other bidders and to express to each the City's appreciation of said bids. 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 17th day of May, 1976. No. 22923. AN ORDINANCE accepting the bid of Modern Remodelers, Inc., for the construction of additions and improvements to East Gate Park, upon certain terms and conditions; 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 May 3, 1976, and after due and proper advertisement had been made therefor, four (4) bids for the construe of certain additions to East Gate Park, were opened and read before the Council whereupon 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 said bids, from which it appears to the Council that the bid of Modern Remodelers, Inc., represents the lowest and best bid meeting all specifications made to the City for the performance of said work, should be accepted; and that said other bids should be rejected; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. 341 ~e :ion 342 follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as 1. That the bid of Modern Remodelers, Inc., to construct certain additions and improvements to East Gate Park, as described in the City's plans and specifications and in said bidder's proposal for a lump sum of $26,700.00, 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, respectfully, the requisite contract with the successful bidder, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal, and the City's plans and 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 heretofore or contemporaneously being 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 force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22924. AN ORDINANCE accepting the bid of Modern Remodelers, Inc., for the construction of additions to the picnic shelter at Thrasher Park, upon certain terms and conditions; authorizing the proper City officials to execute the requisit contract; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, at the meeting of Council held on May 3, 1976, and after due and proper advertisement had been made therefor, three (3) bids for the construction of additions to the picnic shelter at Thrasher Park were opened and read before the Council whereupon 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 said bids, from which it appears to the Council 343 that the bid of Modern Remodelers, Inc., represents the lowest and best bid meeting all specifications made to the City for the performance of said work, should be accepted; and that said other bids should be rejected; 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 base bid of Modern Remodelers, Inc., to construct additions to the picnic shelter at Thrasher Park, as described in the City's plans and specifications and in said bidder's proposal for a lump sum of $16,780.00, 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, respectfully, the requisite contract with the successful bidder, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal, and the City's plans and 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 heretofore or contemporaneously being appropriated by the Council for the purpose; and 3. ~nat ~ne o~ner Dias ~ade 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 force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22925. AN ORDINANCE accepting a certain bid and awarding a certain contract for alterations to the City's courthouse at 210 Campbell Avenue, S. W., Roanoke, Virginia, upon certain terms and conditions; rejecting other bids made therefor; and providing for an emergency. WHEREAS, at the meeting of the Council held on May 3, 1976, and after due and proper public advertisement had been made therefor, five (5) bids made to the City for alterations to the City's courthouse at 210 Campbell Avenue, S. W., 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 3'44 WHEREAS, said committee has reported to the Council under date of May 17, 1976, its tabulation and report of said bids, from which it appears that the bid hereinafter accepted represents the lowest and best bid made to the City, meeting the City's specifications for said construction, and should be accepted; and WHEREAS, funds have been or are being appropriated by the Council sufficient to pay the cost of the improvements 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 as follows: 1. That the base bid of Acorn Construction Company, Ltd. for altera- tions to the City's courthouse at 210 Campbell Avenue, S. W., Roanoke, Virginia, in full accordance with the City's plans and specifications made therefor and with said bidder's proposal, for a total price of $14,342.00, cash, for all said work, be, and said base bid is hereby ACCEPTED; and 2. That the other bids made to the City for the aforesaid improvements 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 Ci~rk 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 provision of the improvements mention( and described in Paragraph 1, above, said contract to have incorporated therein the City's requirements and specifications for the work so authorized to be done, the bidder's proposal made to the City, and the provisions of this ordi- nance; 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 17th day of May, 1976. No. 22926. AN ORDINANCE appropriating the present value of the Frank Fallon Trust Fund, to-wit: $13,015.02, to be used with other funds for the purpose of constructi] a municipal swimming pool in Fallon Park; and providing for an emergency. WHEREAS, the late Frank Fallon who, during his lifetime and upon his death on April 13, 1946, by his will made valuable donations and devises of various parcels of land to the City, for the benefit of the residents of the City and specifying that they be used for public park purposes and that the park created thereby be named Fallon Park; and WHEREAS, the decedent, by his will and after devising certain specified land to the City as an addition to the then-established Fallon Park, gave and bequeathed to the City the sum of $5,000.00, cash, to be used with other funds for the purpose of constructing a municipal swimming pool in said Fallon Park, which sum, not then being readily useable for such purpose, was invested by the City in a separate trust fund, the income from which has now increased the value of the cash bequest to the sum of $13,015.02; and WHEREAS, in order to accommodate the recreational needs of the City, and particularly, those residents in the neighborhood of the Fallon Park, the City has awarded a contract for the construction of a municipal swimming pool in Fallon Park, the estimated cost of which will be $386,800.00, and it is necessar~ to apply all of the funds now in the Frank Fallon Trust Fund towards payment of the cost of providing said swimming pool; and, for the usual daily operation of the municipal government an emergency is deemed to exist and this ordinance should take effect upon its passage. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, carrying out certain provisions in the will of the late Frank Fallon respecti his bequest of the sum of $5,000.00 cash to the City, the Frank Fallon Trust Fund which, with the income earned to date as a result of the City's investment of the $5,000 legacy, now amounts to the total sum of $13,015.02, be and said total sum shall be used for the purpose of constructing a municipal swimming pool in the Fallon Park, as it now exists, and shall be expended in paying the City's obligation under the construction contract for said municipal swimming pool authorized to be let by Ordinance No. 22832 of the City Council. BE IT FURTHER ORDAINED that the Frank Fallon Trust Fund and the City of Roanoke's 1976 Grant Program Account be and is hereby amended and reordained to read, in part, as follows: FALLON TRUST FUND Fallon Trust Fund (1) ............ $ SWIMMING POOL FACILITIES #815 Swimming Pool Facilities (2) ..... Transfer (1) Net decrease ............... (2) Net increase ............... - 0 - 774,015.02 13,015.02 13,015.02 g 345 BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall be in force and effect upon its passage; and the City Clerk is directed to transmit an attested copy of this ordinance to The First National Exchange Bank of Virginia, which heretofore acted as Successor Executor under the will of the late Frank Fallon. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22927. AN ORDINANCE amending and reordaining Chapter 9. Civic Center Department, of Title VIII. Public buildings and property., of the Code of the City of Roanoke, 1956, as amended, by adding a new section, to be numbered Sec. 4.2., providing for the establishment of a petty cash fund to be maintained at the Roanoke Civic Center; 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 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 chapter is hereby amended by the addition of a new section, to be numbered Sec. 4.2., to read and provide as follows: Sec.4.2. Petty cash fund. The director of finance shall be authorized to provide for the establishment of a petty cash fund not to exceed $5,000 cash at any one time, to be used for the daily operation of the Roanoke civic center, such petty cash fund to be controlled, main- tained, used and accounted for in such manner as is directed by the director of finance in writing given to the manager of the civic center. 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 347 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22929. AN ORDINANCE amending and reordaining Sec. 87. Parking meter zones, of Chapter 1. Traffic Code, of Title XVIII. Motor Vehicles and Traffic, of the Code of the City of Roanoke, 1956, as amended, providing that on Saturdays the parking of vehicles in the City shall not be controlled by coin-operated parking meters; and providing for an emergency. WHEREAS, the City Manager, in his May 10, 1976 report to this Council, advised the Council that officials of Downtown Roanoke, Inc., and the Merchants Association of Roanoke Valley requested free parking in the downtown area on Saturdays; and WHEREAS, the City Manager, in the same report, recommended that the Council consider free meter parking on Saturdays, city-wide, for the period from May 15, 1976 to January 1, 1977, in which recommendation the Council concurred and WHEREAS, it is necessary to amend the Traffic Code of the Code of the City of Roanoke, 1956, as amended, to provide for free meter parking on Saturdays for that period; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, EE IT ORDAINED by the Council of the City of Roanoke that Sec. 87. Parking meter zones, of Chapter 1. Traffic Code, of Title XVIII. Motor Vehicles and Traffic, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: Sec. 87. Parking meter zones. The parking meter zones as heretofore established upon certain of the public streets, parts of streets or other public palces in the city and in effect upon the passage of this section are hereby approved and ratified by the city council, and the operation, supervision and use thereof are expressly made subject to the provisions of this division. The city manager may, from time to time hereafter, upon any streets or parts of streets or other public places in the city where, in his judgment and as the result of engineering and traffic surveys, conditions so require and within funds then currently appropriated for the purchase of parking meters and, further, subject to the needs of the community and adjacent property owners, establish parking meter zones wherein, during any period from 8:00 A.M. to 6:00 P.M., each day except Saturdays, Sundays and upon the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanks- giving Day, Christmas Day or the Monday next following any such day should such holiday fall on Sunday, the park- ing of vehicles may be controlled by coin-operated park- ing meters, to be installed and operated in accordance with the provisions of this division. Individual parking spaces shall be designated within said zones by lines or markings on the street or by signs or markers erected along said street, or other public place. The privilege of parking vehicles in parking meter zones so established shall, by signs or markers placed on said parking meters, be limited to the period of time established by the city manager for the particular zone: Either 6, 12, 18, 24, 30 or 36 min- utes, 1/2 to 1 hour, 1/2 to 2 hours, or 1/2 to 5 hours, in intervals of 1/2 hour, as the case may be. 348 The city manager shall notify the city clerk of any change or alteration of parking meter zones, and the same shall be shown by location and type upon an official park- ing map, one copy of which shall be maintained by the city clerk in said clerk's office and another copy of which shall be maintained by the city manager in the traffic bureau of the police department. 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 17th day of May, 1976. No. 22930. A RESOLUTION approving employment of one (1) deputy in the office of the Sheriff of the City of Roanoke, to fill a certain vacancy created by a recent resignation from such employment. WHEREAS, by communication of the Sheriff of the City of Roanoke dated May 3, 1976, to this Council, this Body is advised of the recent resignation of a deputy in the office of said Sheriff, and of the Sheriff's real need to fill said vacancy; in which proposal this Council concurs; and WHEREAS, current funding for payment of the compensation fixed for said position has heretofore been approved by the Compensation Board and by this Council for the current fiscal year. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body approves the employment and appointment by the Sheriff of the City of Roanoke of one (1) deputy in the office of said Sheriff, to fill the vacancy created by the resignation on May 9, 1976, of a deputy heretofore appointed; and that the Compensation Board of the Commonwealth of Virginia be advised of such approval by the City Clerk's transmittal of an attested copy of this resolutio to said Compensation Board. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22931. 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, providing for thirty-six working hours of sick leave for an injury for which compensation is awarded under the Workman's Compensation Law; and providing for an emergency. WHEREAS, the City Manager, in his May 10, 1976 report to this Council, advised this Council that in cases where employees of the City are compensated for injury or illness under the Virginia Workman's Compensation Act, said employees are in most cases not reimbursed for their first seven days of absence, upon which report this Council directed the City Attorney to prepare the necessary ordinance to amend the City Code so that when employees of the City are awarded compensation under the Workman's Compensation Law, they will be allowed an appropri~ amount of sick leave; and WHEREAS, this Council, by Ordinance No. 22334, adopted June 30, 1975, has heretofore amended Sec. 12. Vacations, sick leave and military leave, of Chapter 3. Officers and Employees Generally, of Title II. Administration, of said code, providing for sick leave to be expressed in working hours; 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 constitutional 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 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 Sick Leave Allocation 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 te 349 350 Every such employee who, after one year of continuous 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 convert the balance, i.e., 80 working hours less the sick leave time taken, to special leave that will be cumulative and may be used as (1) vacation leave, (2) future sick leave, or (3) credit for length of service at retirement and payment upon retirement in the same fashion as accumulated vacation leave, provided, however, that such special leave, once earned, will be accounted for separate and dis- tinct from normal sick and vacation leave and may be used in lieu of vacation leave or sick leave only under the general provisions for the use of sick and vacation leave as herein set forth, i.e., with the approval of the city manager or his designated representative and, when used as sick leave, during a bona fide illness. 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. The sick leave provided for in this subsection is noncumulative and represents the maximum annual sick leave, with pay, and earned special leave taken as such to which any such employee shall be entitled. Thirty-six working hours of sick leave shall be allowed to any such officer or employee for an injury for which compensation is awarded under 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. Ail persons appointed or employed by the city under the jurisdiction of the city manager for a period of sixty days or more shall, first, submit to the city manager a certificate from the city physician, or some other physician designated by the city manager, as to the physical condition of such person at the time of making application for employment, the cost of such examination to be borne by the City. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor 35'1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22932. A RESOLUTION recognizing, acknowledging, and expressing the Council's appreciation for the public services of SAMUEL P. McNEIL. WHEREAS, this Council is advised of the long and faithful service of Samuel P. McNeil on the School Board of the City of Roanoke, which service was from June 22, 1964 to February 27, 1976, during which time he served as Vice-Chairman of said School Board from August 12, 1969 to August 18, 1970, and as Chairman from August 18, 1970 to February 27, 1976; and WHEREAS, this Council is advised of the services of Samuel P. McNeil as an organizer of the Blue Ridge ETV Association, of which he served as President, and for said service "McNeil Road, S. W." was named in his honor; and WHEREAS, this Council feels that as a tribute to Samuel P. McNeil for his selfless and dedicated service to the citizens of the City of Roanoke and to all the citizens of the Roanoke Valley for his activities as a member and an officer of the School Board of the City of Roanoke, and as an organizer and officer of the Blue Ridge ETV Association, an appropriate resolution of appreciation of this Council should be offered. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does recognize, acknowledge, and express its appreciation for the public services of Samuel P. McNeil for his leadership in this community; as a member and officer of the School Board of the City of Roanoke; and as an organize] and officer of the Blue Ridge ETV Association. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to transmit an attested copy of this resolution to SAMUEL P. McNEIL, 2501 Sprucewoo¢ Road, S. W. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 1976. No. 22933. AN ORDINANCE amending Chapter 1. General Provisions. of Title IV. Elections., of the Code of the City of Roanoke, 1956, as amended, by the addition of a new section relating to the provision of space for voting machines and equipment, between elections; and providing for an emergency. 352 WHEREAS, the City Manager has recommended the adoption of this ordinance and, 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 Chapter 1. General Provisions. of Title IV. Elections., 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 read and provide as follows: Sec. 3. Storage space for voting machines, etc. The city manager shall have authority to provide to the electoral board, for use between elections, rent-free storage space in such of the city's public buildings or properties as may, in the opinion of the electoral board, be suitable for such use, and as may, in the discretion of the city manager, be available, for storage of voting machines and necessary furniture and equip- ment used for purposes of elections in the city. 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 24th day of May, 1976. No. 22919. AN ORDINANCE to amend and reordain Section #101, "Council," of the 1975-76 Appropriation Ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #101, "Council," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COUNCIL 9101 Contractual Services (1) ............... $63,430.00 Not previously appropriated (1) Net increase $5,000.00 APPROVED ATTEST: City Clerk Mayor 353 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1976. No. 22928. AN ORDINANCE granting revocable, non-transferable permission to Willie A. Carr to pursue the home occupation of servicing citizens band radio equipment upon premises located at 2739 Colonial Avenue, S. W., known as Lot 6, Block 6, Section 3, Map of Gaymont, Official Tax No. 1260803, upon certain terms and conditions. WHEREAS, Willie A. Carr, occupant of the property or premises hereinafter described, has requested that he be permitted to pursue a certain home occupation in the nature of servicing citizens band radio equipment on the hereinafter described premises, and upon consideration of the request and pursuant to the provisions of Paragraph (h), of Subsection 17, of Sec. 79.1, of Chapter 4.1, of Title XV, of the Code of the City of Roanoke, 1956, as amended, this Council is agreeable to said occupant's proposal and is willing to permit the pursuit of such home occupation 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 Willie A. Carr, occupant of the premises located at 2739 Colonial Avenue, $. W., known as Lot 6, Block 6, Section 3, Map of Gaymont, Official Tax No. 1260803, to temporarily pursue and carry out the home occupation of servicing citizens band radio equipment upon the above described premises, such pursuit to be governed strictly by the provisions of Subsection 17, Home occupation, of Sec. 79.1, of Article XVI, of Chapter 4.1, of Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, and in particular: (a) That it involve no employees of the named permittee, (b) That it be limited to normal daylight hours. (c) That it involve no advertising signs on or off the premises, and (d) That it involve no wholesale or retail sales from or upon the premises; the permit herein granted to be non-transferable and revocable at the will of the City Council, it to be agreed by said permittee as evidenced by his execution of an attested copy of this ordinance, that said permittee expressly consents hereto and agrees, in consideration of the permit herein temporarily granted, that neither he or his heirs, successors or assigns shall, by the pursuit of the activity herein authorized, establish a right in his premises to carry on such activity as a non-conforming use under the City's aforesaid zoning regulations and that, upon notice of revocation of the within permit, mailed to said permittee or posted on the aforesaid premises, said permittee shall, within sixty (60) days from the date of mailing or of posting such notice, cease said pursuit or calling on such premises. 354 BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become effective until such time as an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by said permittee, and filed in the Office of the City Clerk. ACCEPTED AND EXECUTED by the undersigned this , 1976. day of STATE OF VIRGINIA CITY OF ROANOKE ) ) ) To-wit: ) Willie A. Carr (SEAL) I, , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that Willie A. Carr, whose name as such is signed to the foregoing ordinance bearing date the day of , 1976, has personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1976. My Commission expires: . ATTEST: City Clerk APPROVED Notary Public Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1976. No. 22934. AN ORDINANCE authorizing sale and conveyance to the Commonwealth of Virginia of the fee simple title to a parcel of land containing 3,062 square feet, more or less, situate on the south side of Louisiana Avenue, N. E., together with an easement to use a certain additional area containing approximately 1,669 square feet for cut and/or fill slopes in connection with Highway Project No. 0460-128-102, RW-202, for a consideration of $930.00, cash; and, if desired by the Commonwealth, to enter into a purchase option agreement with the Commonwealt of Virginia relative to such sale and conveyance. WHEREAS, in order to properly construct improvements to Orange Avenue, N. E., U.S. Route 460, in the City, under the Highway Project hereinafter mentioned Norfolk and Western Railway Company was required to agree to certain highway and railway bridge improvements affecting its bridge over Orange Avenue, N. E., for its Shenandoah Division railroad right-of-way and, in so doing, to utilize for its right-of-way a portion of Lot 7 and Lot 6, Block 4, as shown on the Map of Linwood Land Company, and to use certain additional portions of said lots for cut and/or fill to support or maintain its widened railroad right-of- way; and WHEREAS, the Commonwealth of Virginia, Department of Highways and Transportation, desires to acquire from the City in the name of the Commonwealth, so that the same can then be conveyed by the Commonwealth to the Norfolk and Western Railway Company, the 3,062 square foot parcel of land hereinafter mentioned in fee simple, and an easement in an adjoining 1,669 square foot parcel of land required for the proper execution and maintenance of said Company's work, the easement to terminate when the City or its successor in title grades the residue property so that such need no longer exists; and WHEREAS, the Real Estate Committee has recommended that the request of said Department be granted upon payment to the City of the $930.00 cash consider~ offered for said land, easement and any and all damages, in which proposal the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City do sell and convey to the Commonwealth of Virginia, in fee simple, with special warranty of title, that certain 3,062 square foot parcel of land situate on the south side of Louisiana Avenue, N. E., including a portion of a certain 10-foot wide alley heretofore existing at the rear of said parcel of land, together with a right and easement to use a certain additional 1,669 square foot area adjoining said 3,062 square foot parcel of land for cut and/or fill slopes required for the proper execution and maintenance of Highway Project No. 0460-128-102, RW-202, all of the aforesaid being portions of Lots 6 and 7, Block 4, Map of Linwood Land Company, and being as shown on Sheets 8 and 8B of the plans of the aforesaid Highway Project, said easement to terminate when the City or its successor in title grades the residue property so that there no longer exists the necessity for the maintenance of cuts and/or fill slopes, the City to be paid by the Commonwealth of Virginia in the cash sum of $930.00 in full payment for said land, easement and damages to its residue property. BE IT FURTHER ORDAINED that the Mayor and the City Clerk be and are hereby authorized and empowered to execute and to seal and attest, respectively, the City's deed of conveyance of the aforesaid land and easement to the Commonwealt of Virginia, upon the terms and for the consideration hereinabove set out, said deed to be upon such form as is approved by the City Attorney; and that, if so required or desired by the Commonwealth of Virginia, Department of Highways and Transportation, the aforesaid officials be and are hereby authorized and empowered to execute and to seal and attest, respectively, a purchase option agreement made on behalf of the City with the Commonwealth of Virginia, Department of Highways and Transportation, offering and agreeing to sell and convey the aforesaid land and easement upon the aforesaid terms and provisions, such agreement likewise to be upon form approved by the City Attorney. tion 355 "3 5'6 BE IT FURTHER ORDAINED that the City Clerk, upon passage of this ordinanc. do transmit to the Virginia Department of Highways and Transportation, through appropriate channels, an attested copy hereof, said Department to advise the City Attorney of the method and procedure desired to acquire the rights herein authorized to be granted and conveyed. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1976. No. 22935. AN ORDINANCE to amend and reordain Section ~125, "Clerk of Circuit Court," 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 9125, "Clerk of Circuit Court," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CLERK OF CIRCUIT COURT 9125 Contractual Services (1) ............. $14,000.00 Travel Expense and Education (2) ..... 124.40 Maintenance of Building, Property and Equipment (3) ............ ___ 1,711.00 Office Furniture an~ EqUipment ~i · 1,944.61 Supplies and Materials (5) ........... 22,410.39 Utilities and Communications (6) ..... 2,725.60 Transfer (1) Net decrease (2) Net decrease (3) Net decrease- (4) Net decrease. (5) Net increase (6) Net increase $2,000.00 25.60 650.00 160.39 2,410.39 425.60 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1976. No. 22936. 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, discontil and close a portion of Madison Avenue, N. W., approximately 50 feet in width, extending from its intersection with the easterly line of 5th Street, N. W., in an easterly direction approximately 150 feet to its intersection with a proposed new cul-de-sac to be constructed; 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 May 6, 1976, 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, 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 311 Second Street, S.E., as provided by the aforesaid Section of the Virginia Code, as amended, all of which is verified by an affidavit of the Skeriff of the City of Roanoke appended to the application addressed to the Council reqUesting that the hereinafter described street be permanently vacated, discontinued and closed; and -' WHEREAS, it appearing to the Council that more than ten (10) days have elapsed since the publication of such proper legal notice, and the Council having considered said application to permanently vacate, discontinue and close the hereinafter described portion of the aforesaid street; and WHEREAS, the applicant has requested that five viewers any three of whom may act, be appointed to view the hereinafter described street portion herein sought to be permanently vacated, discontinued and closed and report in writing, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that Messrs. R. R. Quick, C. F. Kefauver, R. Lee Mastin, Fred D. DeFelice and Elwood Norris, any three of whom may act, be, and they are hereby appointed as viewers to view the following described street and report in writing, pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing the same, namely: BEGINNING at a point on the east line of Fifth Street, N. W., said point being 20.00' north of the intersec- tion 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 ue 3'57 35,8 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 IT FURTHER RESOLVED that the aforesaid application to permanently vacate, discontinue and close the within described portion of Madison Avenue, N. W., be and said proposal is referred to the City Planning Commission, for study and recommendation back to the City Council. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1976. No. 22937. AN ORDINANCE to amend and reordain Section #480, "Libraries," 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 #480, "Libraries," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIBRARIES #480 Supplies and Materials (1) .................... $149,000.00 Utilities and Communications (2) Transfer (1) Net decrease (2) Net increase .............. 30,000.00 $8,000.00 8,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1976. No. 22938. AN ORDINANCE to amend and reordain Section #725, "Management Information Services," 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 9725, "Management Information Services," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MANAGEMENT INFORMATION SERVICES 9725 Salaries and Wages (1) ............... $170,458.00 Data Processing (2) .................. 146,478.00 Transfer (1) Net decrease ............ $4,100.00 (2) Net increase 4,100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1976. No. 22939. AN ORDINANCE to amend and reordain certain sections of the 1975-76 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: STREET MAINTENANCE 9658 Operational and Construction Equipment (1) ...$ 26,250.00 Vehicular Equipment (2) ...................... 74,500.00 GROUNDS MAINTENANCE 9666 Operational and Construction Equipment (3) ... 72,050.00 MOTORIZED VEHICLE MAINTENANCE 9671 Operational and Construction Equipment (4) ... 110,300.00 359 31'60 Transfer (1) Net decrease (2) Net decrease (3) Net decrease (4) Net increase $ 88,300.00 16,200.00 5,800.00 110,300.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1976. No. 22940. 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 May 19, 1976, 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 May 24, 1976, 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: Items of Equipment 1 Mobile Relay/Base Station 1 Base Station Antenna 150 feet - Transmission Line 1 Remote Control Console 1 Remote Control Desk Set 10 Portable Radios 1 Multiple Unit Charger 2 Vehicular Two-Way Radios Total Per Item Price TOTAL LUMP SUM FOR ALL ITEMS Purchase Price $ 4,290.00 282.00 460.00 796.00 313.00 12,360.00 370.00 3,604.00 $ 22,475.00 $ 15,732.35; 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 afore- said 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 $15,732.35. BE IT FURTHER ORDAINED that the other bid received for the supply to the City of the aforesaid 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 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 May, 1976. No. 22941. 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: 36,2 POLICE DEPARTMENT #345 Salaries and Wages (1) ................... $2,483,369.73 FIRE DEPARTMENT #347 Salaries and Wages (2) (1) Net decrease (2) Net decrease BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance ................... 2,631,358.69 $ 10,219.27 104,661.81 shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1976. No. 22942. 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: POLICE DEPARTMENT 9345 Salaries and Wages (1) ............ $2,493,589.00 FIRE DEPARTMENT 9347 "~ .~ Salaries and Wages (2) ............ 2,736,020.50 REVENUE SHARING TRUST FUND (3) ......... -0- (1) Net increase $ 10,219.27 (2) Net increase 104,661.81 (3) Net increase 114,881.08 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1976. No. 22943. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements 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 Section #889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Annexed school improvements (1) ......... $247,000.00 Not previously appropriated (1) Net increase $150,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1976. No. 22945. A RESOLUTION requesting the State Compensation Board to exercise greatest restraint in approving and fixing salaries and expenses of the State offices of the City of Roanoke under the jurisdiction of that Board. WHEREAS, the Council of the City of Roanoke is presently engaged in formulating and adopting an annual budget for Fiscal 1976-77 for the operation of all of the City's offices and departments and including those State offices in the City whose salaries and expenses are to be first set and determined by the State Compensation Board; and WHEREAS, this Council in so doing is faced with the necessity of, and is intent upon keeping to a minimum the amount of public funds allowed to be expended in the public offices and departments of the City which are under the complete control of the City, but not so as to reduce the rendering to the public of necessary and essential municipal services, and desires to make request that the State Compensation Board exercise similar restraint in its allowance of salaries and expenses of operation in and of the State offices for which appropriations of local money must be made by this Body. 363 364 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does hereby respectfully request and urge that the State Compensation Board, in considering and determining the amounts to be allowed in Fiscal 1976- 77 as salaries and expenses in State offices in the City of Roanoke for which the City of Roanoke is required to support by appropriation of local funds, not exceed the current level of salaries and expenses for those offices as heretofo~ set by said Board and approved by this Council. BE IT FURTHER RESOLVED that the City Clerk transmit to the Chairman of the State Compensation Board attested copies of this resolution. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1976. No. 22905. AN ORDINANCE authorizing execution of License Agreement No. DOT-FA77EA- 8550, with the Federal Aviation Administration providing for a Localizer and a glide slope to serve Runway 5 at Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions, together with a rider to said agreement relating to the City's operation and maintenance of certain areas critical to said avigation facilities. WHEREAS, the City Manager in a report dated May 10, 1976, has recommended that he be authorized to execute License Agreement No. DOT-FA77EA-8550, with an attached rider, with the Federal Aviation Administration to provide for a localizer and a glide slope to serve Runway 5 at the Roanoke Municipal Airport, Woodrum Field and to agree upon the manner by which certain additional areas critical to the pro- per use of said localizer and glide slope will be managed, operated and controlled by the City. 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-8550 and Rider to License Form FAA 4423 with the Federal Aviation Administration, said agreement and rider to be upon form approved by the City Attorney, to provide for a localizer and glide slope to serve Runway 5 at Roanoke Municipal Airport, Woodrum Field, and to establish certain critical and no-parking areas in the vicinity of the localizer and glide slope facilities, the location of which are shown on FAA Drawing No. AEA-C-27137 within which critical areas the City shall agree not to permit the erection of structures or performance of excavating, grading or planting operations without prior concur- rence of the Licensee, to perform corrective grading and planting and excavation in the event of natural erosion, not to permit the presence of parked aircraft, vehicles or equipment or of other parking or of free moving aircraft or vehicles not under control of tower personnel and to provide and maintain no-parking signs, when required, and markings, as required, on paved areas to delineate the limits of the critical area, as well as to perform snow removal from an area beginning at the base of the glide slope antenna, all such agreements to become effective Jul' 1, 1976, and remain in force until September 30, 1976, but which may be renewed annually at the option of the United States Government, provided that such renewal shall not extend beyond September 30, 1991. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1976. No. 22944. AN ORDINANCE authorizing the City's conveyance of six (6) parcels of land owned by the City in the Gainsboro Project area to the City of Roanoke Redevelopmen· and Housing Authority, upon certain terms and conditions. WHEREAS, the City Manager, in his May 10, 1976 report to this Council, recommended that the City donate six (6) parcels of land owned by the City in the Gainsboro Project area to the City of Roanoke Redevelopment and Housing Authority.. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City convey to the City of Roanoke Redevelopment and Housing Authority for a nominal consideration six (6) parcels of land owned by the City of Roanoke and located in the City of Roanoke Redevelopment and Housing Authority's Gainsboro Pro- ject area, said parcels bearing Tax Nos. 2021414, 2021409, 2021138, 2020307 and 2020301, as shown on the City's Appraisal Map Sheet No. 202 and Tax No. 3024005, as shown on the City's Appraisal Map Sheet No. 302, said map sheets on file in the Office of the City Engineer. BE IT FURTHER ORDAINED that the Mayor be, and he is hereby authorized and empowered, for and on behalf of the City, to execute the proper deed of conveyance, approved by the City Attorney, conveying to the City of Roanoke Redevelopment and Housing Authority, fee simple title to the aforesaid tracts of property, the conveyance to be made subject to recorded restrictions, conveyances and conditions, and that the Mayor and City Clerk be, and are hereby authorized and directed to execute and to affix to the aforesaid deed of conveyance the City's corporate seal, and that both said officials are to thereafter acknowledge their signatures as provided by law. ATTEST: APPROVED 365 366 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1976, No. 22950. AN ORDINANCE to amend and reordain Section 961000, "Schools - Title I, Winter Program," and Section 915000, "Schools - Title I, Summer Program," 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 961000, "SchoOls - Title I, Winter Program," and Section 915000, "Schools - Title I, Summer Program," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - TITLE I, WINTER PROGRAM 961000 Title I, Winter Program (1) ............. $542,811.00 SCHOOLS - TITLE I, SUMMER PROGRAM 915000 Title I, Summer Program (2) ............. 80,718.00 Transfer (1) Net decrease $80,718.00 (2) Net increase 80,718.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1976. No. 22951. 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 certain alleys 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, the said lots being further identified by Roanoke City Official Tax Numbers as follows: Lot 7 being No. 2420117; Lot 8 being No. 2420116; Lot 9 being No. 2420115; Lot 10 being No. 2420114; Lot 11 being No. 2420113; Lot 12 being No. 2420112; and Lot 13 being No. 2420111; which said lots are owned by the Forest Park Baptist Church. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of the abutting landowner, that said applicant did duly and legally post as required by Section 15.1-364 of the Code of Virginia for 1950, as amended, a notice of its application to the Council of the City of Roanoke, Virginia, to vacate, abandon, discontinue and close those certain alleys located in the City of Roanoke, Virginia, and more particularly described as being 10 feet in width and 165 feet in length and as shown on the City of Roanoke Official Tax Map No. 242, 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 alleys 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 alleys; and WHEREAS, the applicant has requested that three viewers be appointed to view the above described alleys 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 for 1950, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. E. H. Brewer, Jr., George W. Overby and Harold W. Harris, Jr., be, and they are hereby, appointed as viewers to view the aforesaid alleys 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, the said lots being further identified by Roanoke City Official Tax Numbers as follows: Lot 7 being No. 2420117, Lot 8 being No. 2420116; Lot 9 being No. 2420115; Lot 10 being No. 2420114; Lot 11 being No. 2420113; Lot 12 being No. 2420112; and Lot 13 being No. 2420111, which said lots are owned by the Forest Park Baptist Church, and report in writing pursuant to the provisions of Section 15.1-364 of the Code of Virginia for 1950, as amended, whether in their opinion any, and if any, what inconvenience would result from discontinuing the said alleys. BE IT FURTHER RESOLVED that the aforesaid application to permanently vacate, abandon, discontinue and close the within described alleys, be, and said proposal is referred to the City Planning Commission for study and recommendation back to City Council. ATTEST: City Clerk APPROVED Mayor 3'67 368 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1976. No. 22952. AN ORDINANCE to amend and reordain Section ~269, "Refuse Collection," 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 9269, "Refuse Collection," of the 1975-76 Appropriation Ordinan'ce, be, and the same is hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION 9269 Contractual Services (1) ............... $70,000.00 Utilities and Communications (2) ....... 6,420.00 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1976. No. 22954. A RESOLUTION approving the granting of a leave of absence for educational purposes to Demetria Renee Lewis, Librarian I, at the Melrose Branch Library. WHEREAS, in accordance with Sec. 16. of Chapter 3, Title II, of the Code of the City of Roanoke, 1956, as amended, the hereinafter named City employee has made application to the City Manager for a leave of absence for educational purposes, which application the City Manager has recommended be approved by the Council, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth APPROVE the granting of a leave of absence to Demetria Renee Lewis, Librarian I, at the Melrose Branch Library, from June 1, 1976, to May 31, 1977, for the purpose of pursuing an advanced course of study in the field of Library Science to obtain a Master of Science degree in Library Science, such approval, however, being made expressly subject to said employee's written agreement to abide by each and every term and provisions of Sec. 16, Chapter 3, Title II of the Code of the City of Roanoke, 1956, as amended, and such rules and regulations as are promulgated by the City Manager, such written agreement to be approved as to form by the City Attorney. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1976. No. 22955. A RESOLUTION to authorize the City Manager, for and on behalf of the City of Roanoke, to make application to the Department of Highways and Transportation of the Commonwealth of Virginia for a grant of regional transportation special revenues, budget item (Commonwealth of Virginia) 826- e, in the amount of $30,000 ($15,000 for the first year and $15,000 for the second year) to defray the administrative expenses of the Greater Roanoke Transit Company, and to accept from the Virginia Department of Highways and Transportation grants in such amount as may be awarded; and to authorize the City Manager to furnish to the Virginia Department of Highways and Transportation such documents and other information as may be required for processing the grant application. ~' BE IT RESOLVED by the Council of the City of Roanoke that the City Manager of the City of Roanoke is authorized, for and on behalf of the City of Roanoke, to make application to the Virginia Department of Highways and Transporation for a grant of regional transportation special revenues, budget item (Commonwealth of Virginia) 826-e, in the amount of $30,000 ($15,000 for the first year and $15,000 for the second year) to defray the administrative expenses of the Greater Roanoke Transit Company, and to accept from the Virginia Department of Highways and Transportation grants in such amount as may be awarded; and said City Manager is hereby further authorized to furnish to the Virginia Department of Highways and Transportation such documents and other information as may be required for processing the grant application. $69 370 BE IT FURTHER RESOLVED that the Council of the City of Roanoke certifies that the funds shall be used in accordance with the requirements of the Appropriation Act of 1976, that the City of Roanoke will provide to the Greater Roanoke Transit Company matching funds in a one to three ratio as required in such Act; that disbursements shall be made on a quarterly basis as required in the Act; that the record of receipts and expenditure of funds granted the City of Roanoke as authorized in the Acts of the General Assembly (appropriation item 826-e) shall be subject to audit by the Department of Highways and Transportation and by the State Auditor of Public Accounts; and that funds granted to the City of Roanoke for defraying the expenses of administration of Greater Roanoke Transit Company shall be deposited in the City Treasury and maintained in a special account and shall be used only for such purposes as authorized in the Acts of the General Assembly. APPROVED ATTEST: City Clerk Mayor 37.1.. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1976. No. 22956. AN ORDINANCE to amend and reordain Section #480, "Libraries,"' of the 1975-76 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Govern- ment 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 #480, "Libraries," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIBRARIES #480 Petty Cash Fund (1) .............. $80.00 Not previously appropriated (1) Net increase $30.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 37-2 IN THE COUNCIL OF TF_E CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1976. No. 22957. A RESOLUTION authorizing the advertisement and offering for sale of the $5,500,000 General Obligation Parking Facility Bonds of the City of Roanoke authorized to be issued and sold by Ordinance No. 21044 of the City Council as amended by Ordinance No. 22391 of said Council, the $6,000,000 General Obliga- tion Jail Bonds of said City authorized to be issued and sold by Ordinance No. 22690 of said City Council, and the $10,815,000 General Obligation Public School Bonds of said City authorized to be issued and sold by Ordinance No. 22768 of said City Council. BE IT RESOLVED by the Council of the City of Roanoke as follows, viz: 1. That all $5,500,000 General Obligation Parking Facility Bonds of the City of Roanoke authorized to be issued and sold by Ordinance No. 21044 of the City Council as amended by Ordinance No. 22391 of said Council, and all $6,000,000 General Obligation Jail Bonds of said City authorized to be issued and sold by Ordinance No. 22690 of said City Council and all $10,815,000 General Obligation Public School Bonds of said City authorized to be issued and sold by Ordinance No. 22768 of said City Council be advertised in accordance with the provisions of the aforesaid ordinances and offered for sale to the best bidder to the City on the 23rd day of June, 1976, at 12:00 o'clock, noon, Eastern Daylight Saving Time, and the bidders shall be required to name the rate or rates of interest to be borne by each series of said bonds, expressed in multiples of one-eighth or of one-twentieth of one per centum per annum. Bidders shall be required to bid for the purchase of all and not less than all said $22,315,000 aggregate of bonds. Bidders shall not be restricted as to the number of rates which may be named for each series of said bonds but the differences between the highest and the lowest interest rates specified for any said series shall not exceed two per cent. All bonds of each series maturing on the same date must bear interest at the same single rate from their date to the date of maturity thereof. All said bonds shall be coupon bonds, shall be in the denomination of $5,000, each, shall be dated August 1, 1976, shall be payable to Bearer in lawful money of the United States serially in numerical order, $1,115,000 bonds to mature on August 1 in each of the years 1977 to 1995, inclusive, an aggregate of $1,130,000 bonds to mature on August 1, 1996, without option of prior redemptioi The bonds of each said series shall be numbered from 1 consecutively upward in order of maturity, and shall bear interest at a rate or rates to be determined by the City Council, payable on February 1 and August 1 in each year commencing February 1, 1977, shall be signed in the name and on behalf of the City of Roanoke by the facsimile signature of the Mayor, shall bear a facsimile of the seal of the City attested by the facsimile signature of the City Clerk, and shall be authenticated by the manual signature of the City Treasurer, and the numbered interest coupons attached to each series of said bonds shall be signed in the name and on behalf of the City of Roanoke by the facsimile signature of the City Treasurer, which shall be recognized by the City of Roanoke as having the same legal effect as if such signature had been written upon each coupon by the City Treasurer. Each series of said bonds and coupons shall be payable at the principal office of First National City Bank, in New York, New York, or, at the option of the holder, at any office of United Virginia Bank, of Richmond Virginia. 2. That the Director of Finance be, and he is hereby directed to cause each series of said bonds to be printed which, with the coupons attached thereto, shall be in the form heretofore prescribed by the aforesaid ordinance or ordinances authorizing the sale and issuance of each said series of bonds, respectively, omitting from such form, however, all provisions for right of redemption of any such bond prior to its stated date of maturity. 3. That the City Clerk be, and she is hereby directed to advertise said sale of bonds once in The Roanoke Times, a daily newspaper published and having general circulation in the City of Roanoke area, not less than five (5) days prior to the date of such sale, and, in addition, to advertise said sale in such other publication or publications as the Director of Finance shall deem best, such latter advertisement to be for such length of time as said Director of Finance shall deem necessary, reserving to the City in all such advertisements the right to reject any and all bids. The form of such advertisement, including requirement of bidders' bonds, shall be as is prescribed by the Director of Finance and in this resolution; and payment to the City for the' purChase of said bonds shall be made in Federal funds upon their delivery to the purchaser. 4. That on the filing information of the printed bonds space shall be provided for the insertion of CUSIP identification numbers. Should the purchase of the bonds desire the printer to print such numbers on the bonds, he shall inform the bond counsel of this request in writing within 48 hours after the date of sale. Thereafter, the purchaser and the printer shall make separate arrangements for the procuring of the CUSIP numbers, the insertion of such numbers on the bonds, the verification of such numbers and the expense incurred in connection therewith. The City shall bear no expenses whatever with regard to the use of CUSIP numbers on the bonds. Should the printing of such numbers cause a delay in the printing of the bonds, the City, after giving due notice to the purchaser, shall proceed with the printing of the bonds without CUSIP numbers unless an agreement is reached between the City and the purchaser extend- ing the date of delivery of the bonds. Neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the purchaser of the bonds to accept delivery of and pay for the bonds. Any such number shall not constitute a part of the contract evidenced by the particular bond upon which it is imprinted and no liability shall attach to the City or any officer or agent thereof, including any paying 373 37'4 agent for the bonds, by reason of such numbers or any use thereof, including any use thereof made by the City, any such officer or any such agent, or by reason of any inaccuracy, error or omission with respect thereto or in such use. 5. That all said bonds shall be delivered on August 2, 1976, or as soon thereafter as the bonds may be prepared; and accrued interest shall be paid the City from the date of said bonds to the date of delivery of the same; and the net proceeds from the sale of each aforesaid series of bonds shall be used to defray the cost to the City of the respective permanent public improvement or improvements for which each said series of said bonds was heretofore authorized by the aforesaid ordinance or ordinances, respectively, to be issued and sold, and for no other purpose. 6. That in each year while any of said bonds are outstanding there shall be levied an ad valorem tax on all the taxable property of the City of Roanoke sufficient to pay said bonds and the interest thereon, as provided by the Charter of the City of Roanoke and by general law. 7. That the City will comply with the requirements of Section 103(d) of the Internal Revenue Code of 1954, as amended, and the applicable regulations of the Internal Revenue Service adopted thereunder so long as any of said bonds are outstanding. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1976. No. 22958. A RESOLUTION providing for a Special Meeting of the Council to be held Wednesday, June 23, 1976, at 12:00 o'clock, Noon, Eastern Daylight Saving Time. WHEREAS, provisions have been made by the City Council that certain bonds of the City be advertised for sale by the City, bids for the purchase thereof being advertised to be opened before the Mayor and the Members of the Council at 12:00 o'clock, Noon, Eastern Daylight Saving Time, on Wednesday, June 23, 1976. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a Special Meeting of the Council of the City of Roanoke be held at 12:00 o'clock, Noon, Eastern Daylight Saving Time, on Wednesday, June 23, 1976, in the Council Chambers in the Municipal Building, for the purpose of receiving, opening and 37 5 considering bids made to the City for the purchase of $5,500,000 general obligation parking facility bonds of the City of Roanoke authorized by Ordinances No. 21044 and 22391, for the purchase of $6,000,000 general obligation jail bonds of the City of Roanoke authorized by Ordinance No. 22690, and for the purchase of $10,815,000 general obligation public school improvement bonds of the City of Roanoke authorized by Ordinance No. 22768; and for the purpose of taking such action in the premises as the Council may then be advised. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1976. No. 22960. AN ORDINANCE amending and reordaining Section 1, of Chapter 2, Accounts, Warrants and Interest, of Title V. Finance, of the Code of the City of Roanoke, 1956, as amended, so as to recognize and make exception in said section for a special revolving fund bank checking account into and from which certain receipts and disbursements arising from operation of the Roanoke Civic Center may be deposited and withdrawn; and providing for an emergency. 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 Section 1. Duties of Officers and Employees Collecting or Receiving Money, of Chapter 2. Accounts, Warrants and Interest, of Title V. Finance, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained, to read and provide as follows: Sec. 1. Duties of officers and employees collecting or receiving money. Each and every officer or employee of the city who collects or receives money for the account of the city shall prepare a report at the end of each day of the items collected or received by him during the day. Each such report shall be addressed to the director of finance, prepared in triplicate in such form and detail as the director of finance shall prescribe, and shall contain a certificate signed by the reporting officer or employee that each and every amount collected or received by such officer or employee during the day for which it is made is reported therein. Except as otherwise directed by the director of finance in writing, not later than 12:00 Noon, of the day following the date of each such report, the total amount collected or received as shown in each such report shall be delivered, intact, without any deduction whatsoever, to the city treasurer, together with the original and both copies of the report. The city treasurer will receipt the original and both copies of the report in the space provided therefor, retaining one copy for his 3:7 6 files, and returning the original and the other copy to the reporting officer. The reporting officer shall deliver the original to the director of finance and retain the other copy for his files. No officer or employee of the city who collects or receives money payable to the city shall cash any check received by him, nor shall any such officer or employee make any accommodation advance or cash any check as an accommodation for anyone out of any public money collected or received by him, nor shall any such officer or employee accept any post-dated check in payment of any account payable into the treasury of the city. Money which, by direction of the director of finanCe, shall have been deposited by an officer or employee of the city to the city's credit in any bank, or to the credit of any court of the city or the clerk thereof, shall be forthwith reported by such officer or employee to the city treasurer and to the director of finance as above provided; and no money-shall be withdrawn from such bank account in the name of the city except as provided in section 4 of this Chapter. The foregoing provisions and those contained in sec- tion 4 of this chapter shall not apply to collection or receipt of money representing cash received from operation of the Roanoke Civic Center, including receipts from sale of admission tickets, advance deposits, and all other receipts directly connected with an event held or scheduled to be held at said civic center, but expressly excluding concession commission receipts, the deposit of all of which excluding concession commission receipts is provided by section 4.1 of Chapter 9, Title VIII of this code to be made into a special revolving bank checking account, and to be accounted for pursuant to the provisions of that section. 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 1st day of June, 1976. No. 22961. AN ORDINANCE amending and reordaining Sections 2, 3 and 4, of Chapter 9, Civic Center Department, of Title VIII. of the Code of the City of Roanoke, 1956, as amended, relating to the Roanoke Civic Center, the organization and procedures of that department and the duties and responsibilities of certain of its management personnel so, by such amendments, to recognize the position of manager as the head of said department; adding to said chapter and title a new section, to be numbered section 4.1, providing for the establishment of a revolving fund and a separate bank checking account into and from which certain receipts and disbursements connected with activities, entertainment shows and special events at said civic center may be deposited and disbursed; authorizing certain personnel to sign and countersign checks drawn on said special account; providing for fidelity bonds to be required of such personnel; and providing for an emergency. 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 Sections 2, 3 and 4, 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 sections are hereby amended and reordained, to read and provide as follows, viz; Sec. 2. Composition of department. The civic center department shall consist of a manager and of such assistant managers, deputy managers and employees as the council may from time to time authorize. Sec. 3. Manager - Appointment; term and removal. The city manager shall appoint a manager of the civic center department and such assistant managers and deputy managers as the council may from time to time authorize, and they shall remain in office until removed by the city manager; and in the case of any such removal the city manager shall report the same at the next meeting of the council. The manager and assistant managers and deputy managers shall receive such compensation for performance of their duties and shall furnish such bond as the council shall from time to time fix and determine. Sec. 4. Same - Duties generally; refund ~rocedure. The manager shall be responsible for the operation and administration of all of the functions of the civic center, consisting of the auditorium, coliseum and exhibit hall and their related facilities, under the super- vision of the city manager. The manager shall be respon- sible for the collection of all rents, fees, charges, receipts, revenues and other funds accruing to the city from the operation of the civic center, and for deposit and accounting therefor as provided in section 4.1 of this chapter and under the general supervision of the director of finance. Sec. 4.1. Special revolving bank checking account; deposits to and withdrawals therefrom. (a) Deposits. Ail cash, including all payments made by check, received from the operation of the civic center, except concession commission receipts, shall be caused to be deposited by the manager of the civic center, intact, on the banking day following the date of receipt, in a special revolving bank check- ing account maintained in the name of City of Roanoke Civic Center in such bank in the city as is designated in writing by the director of finance. Withdrawals. Withdrawals from the bank checking account speci- fied in (a) next preceding shall be made by check signed by any two of the following: the civic center manager, the assistant civic center manager, the box office manager; and every such withdrawal shall be supported by written authorization from the civic center manager or the assistant civic center manager, on which authorization is clearly stated the purpose of the withdrawal. No with- drawal from said account shall be made except for one or more of the following purposes: 377 Expenses for a lessee under the applicable permit agreement. Admissions taxes received from ticket sales. Ticket sales proceeds to lessee, net of rent and expenses. (4) Rental revenue payable to the city treasurer. Records and accounting. (1) A separate record for each rental event of the civic center shall be amaintained by the mana- ger, on which will be shown each cash receipt, each cash disbursement, and the net balance attributable to such event. The total of the net balances of all such records must equal the cash in the bank account at all times. (2) Within five days after the use of the civic center for an event, all outstanding items from such event, other than city-sponsored events, shall be settled, and the net rental proceeds shall be remitted by check out of said account to the city treasurer in accordance with the procedures established by section 1 of Chapter 2, Title V, of this Code and as provided in paragraph (b) of this section. Fidelity bonds. The manager of the civic center, the assistant manager of said civic center and the box office manager of the civic center shall provide and shall keep in effect at all times in the office of the city clerk fidelity bonds, written by a surety company authorized to do business in Virginia and approved as a surety by the director of finance, payable to the City of Roanoke in penalties of not less than $250,000.00 dollars, each, conditioned upon faithful per- formance of their respective duties under this section and faithful accounting for all funds coming into their hands under this section, the form of such bond to be approved by the city attorney. 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 1st day of June, 1976. No. 22962. AN ORDINANCE to amend and reordain Sec. 4. of Chapter 5.1. of Title VI of the Code of the City of Roanoke, 1956, as amended, relating to the City's admissions tax and to report and remittance thereof by persons collecting such tax; and providing for and emergency. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. 379 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 4. Report and remittance., of Chapter 5.1. Adhmissions tax, of Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained, to read and provide as follows: Sec. 4. Report and remittance. The person collecting any such admission tax shall make out a report upon such forms and setting forth such information as the commissioner of reve- nue may prescribe and require, showing the amount of admission charges collected, exclusive of the federal tax thereon, and the tax from the admissions for which he is liable, and shall sign and deliver the same to the commissioner of revenue with a remittance of such tax. Such reports and remittances shall be made on or before the last day of each month covering the amount of tax collected during the pre- ceding month. Any person operating a place of amuse- ment or entertainment whereat amusement or entertain- ment is furnished regularly throughout the year may, upon written application to, and with the written consent of, the commissioner of revenue, make reports and remittances on a quarterly basis in lieu of the monthly basis hereinbefore provided. Such quarterly reports and remittances shall be made on the last days of April, July, October and January in each year, and shall cover the amounts collected during the three months immediately preceding the months in which reports and remittances are required. If the remittance is by check or money order, the same shall be payable to the city and all remittances received hereunder by the commissioner of revenue shall be promptly turned over to the city treasurer. Admissions tax attributable to taxable charges made for admissions at the Roanoke civic center and deposited in the special revolving bank account pro- vided for in section 4.1 , Chapter 9, Title VIII, of this Code, shall be reported, accounted for and paid to the city treasurer in the manner and under the proce- dures prescribed in that section of this code. 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 1st day of June, 1976. No. 22963. AN ORDINANCE to amend and reordain Sec. 4, Chapter 9, of Title VIII, of the Code of the City of Roanoke, 1956, as amended, relating to the duties of the manager of the Civic Center Department and to refund procedures and certain advance ticket sales receipts; 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. 380 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 4. Same-Duties ~ene~all~; refund procedure., 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: Sec. 4. Same-Duties ~enerally; 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 ~pecial account provided in section 4.~, ~.~ ch~¢k signed by two of the following, namely, the civic center manager, the assistant civic center manager or the box office manager, drawn payaDle 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. 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 1st day of June, 1976. No. 22964. AN ORDINANCE amending and reordaining Sec. 2, of Chapter 3, Title V, of the Code of the City of Roanoke, 1956, as amended, providing for and con- trolling the investment of funds of the City in excess of immediate requirements; 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. 2. Investment of funds in excess of immediate requirements., of Chapter 3. Public depositories., of Title V. Finance., of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained to read and provide as follows: Sec. 2. Investment of funds in excess of immediate requirements. Whenever the director of finance shall determine and report to the committee hereinafter provided for that there is on hand in the city treasury funds or cash resources in excess of the city's requirements for immediate payment, such funds and cash resources may be invested in the name of the city in securities of the United States or in securities of agencies of the United States which are fully guaranteed by the United States, in bonds of the City of Roanoke and in interest-bearing certificates of deposits in any bank qualified under the Virginia Security for Public De- posits Act of 1973 to accept or retain public deposits of monies of the Commonwealth and, of the cities, counties, towns and political subdivisions therein, or in any one or more of the aforesaid securities or investments. There is hereby created a city investment commit- tee, to be composed of the mayor of the city, the director of finance and the city treasurer, a majority of which committee shall have the power and authority to order and direct in writing the city treasurer's investment and reinvestment of such of the aforesaid funds and cash resources of the city as are in excess of its immediate requirements for payment as above provided, and to order and direct the city treasurer's sale of such of the securities so purchased and the surrender of such certificates of deposit so taken 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 and all certificates of deposits so taken shall be held in 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 are purchased, and the treasurer is hereby authorized to accept such bank's receipt for any securi- ties purchased through it, which said receipt the city treasurer is directed to hold in lieu of such securi' ties. 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 '381 382 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1976. No. 22965. AN ORDINANCE to amend and reordain Section #105, "Director of Finance," 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 #105, "Director of Finance," of the 1975-76 Appropriation Ordi- nance, be, and the same is hereby, amended and reordained to read as follows, in part: DIRECTOR OF FINANCE 9105 Supplies and Materials (1) .......... $18,242.00 Not previously appropriated (1) Net increase. $2,592.00 BE IT FURTHER ORDAINED that, an emergency existing, 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 June, 1976. No. 22967. A RESOLUTION setting a public hearing before the Council on the proposal of an increase in the rate of tax to be imposed on taxable real estate and tangible personal property and other property segregated for local taxation in the City of Roanoke for the tax year commencing January 1, 1977. WHEREAS, the Council, in considering the adoption of an annual budget for the City of Roanoke for the fiscal year commencing July 1, 1976, and ending June 30, 1977, considers that it will be necessary to increase the rate of tax to be imposed on taxable real estate, tangible personal property and other subjects of taxation segregated and classified for local taxation and which, for the current tax year, are subject to a tax imposed at the rate of $3.45 per one hundred dollars of assessed or other valuation of such property, and desires that a public hearing as provided by ~58-846.1 of the 1950 Code of Virginia, as amended, be held for the purposes provided in said statute. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a public hearing be held before the Council of the City of Roanoke at a meeting of said Council to be held on the 21st of June, 1976, at 7:30 o'clock, P.M., at the Roanoke Civic Center, on the proposal to increase from a rate of $3.45 per one hundred dollars of assessed or other valuation to a rate of not more than $4.10 per one hundred dollars of assessed or other valuation the tax to be imposed by the City of Roanoke for the tax year commencing January 1, 1977, on all taxable real estate and all taxable tangible personal property, and all other subjects of taxation in the City segregated and classified for local taxation and currently taxed by said City of Roanoke as provided in section 1, of Chapter 1, Title VI, of the Code of the City of Roanoke, 1956, as amended, it being understood that the rate of tax imposed upon taxable real estate in the City of Roanoke effective on and after January 1, 1977, will be adjusted in accordance with the provisions of ~58-760 of the 1950 Code of Virginia, as amended, but not the rate of tax imposed on any of the other aforesaid subjects of taxation. BE IT FURTHER RESOLVED that the City Clerk do cause notice of the aforesaid public hearing to be published once in The World-News, a newspaper of general circulation in the City of Roanoke, at least fifteen (15) days prior to the date of said public hearing, the form of such notice to be approved by the City Attorney. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1976. No. 22968. A RESOLUTION authorizing and directing the City's temporary operation of the fuel farm at Roanoke Municipal Airport, Woodrum Field, commencing July 1, 1976. WHEREAS, the Airport Advisory Commission in report made to the Council dated June 1, 1976, advises that the City's present concession agreement made for the operation of the fuel farm at Roanoke Municipal Airport, Woodrum Field, cannot be extended beyond June 30, 1976, and that another fixed base operator at said Airport is not presently equipped to operate said fuel farm or provide aviation services of that nature, but is expected to be able to do so on or about October 1, 1976, and has recommended that such operation be conducted by the City through its Municipal Airport Department for the interim period commencing July 1, 1976; and 383 3:8'4 WHEREAS, the Council has or will appropriate funds sufficient to pay the cost of fuel and related commodities and for payment of compensation to temporary employees engaged by the City for the interim period of such operation, based upon the estimated budget submitted by the committee. 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 operation of the fuel farm at Roanoke Municipal Airport to be commenced on July 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 temporar5 employees at said Airport for providing the aforesaid services. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1976. No. 22969. AN ORDINANCE accepting the proposal of H. & S. Construction Company for the construction of concrete curb, gutter, entrances and drainage facilities along various streets and avenues in the City of Roanoke; authorizing the proper City officials to execute the requisite contract; rejecting a certain other bid made to the City; and providing for an emergency. WHEREAS, at the meeting of the Council held on May 24, 1976, and after due and proper advertisement had been made therefor, two (2) bids for furnishing all tools, machines, labor and materials for the construction of concrete curb, gutter, entrances and drainage facilities along Edgerton Avenue, S. E., 18th Street. S. E., and Riverdale Avenue, S. E., in the City 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 said bids, from which it appears to the Council that the proposal of H. & S. Construction Company 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, 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 proposal of H. & S. Construction Company based on unit prices, for the construction of concrete curb, gutter, entrances and drainage facilities along Edgerton Avenue, S. E., 18th Street, S. E., and Riverdale Avenue, S. E., as described in the City's plans and specifications, for a lump sum of $47,566.00, cash, upon satisfactory completion of said work, be, and said proposal is hereby ACCEPTED; (2) That the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with the aforesaid H. & S. 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 such form as is approved by the City Attorney, and the cost of the work when completed, to be paid for out of funds heretofore appropriated by the Council for the purpose, the total amount to .~' be paid under this contract, however, not to exceed the sum of $47,566.00; and (3) That the other bids made to the City for performing said work be REJECTED; the City Clerk to so notify said other bidder and to express the City's appreciation of said bid. 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 1st day of June, 1976. No. 22970. AN ORDINANCE accepting the proposal of H. & S. Construction Company for the construction of concrete curb, gutter, entrances and sidewalk along King Street, S. E., in 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, at the meeting of the Council held on May 24, 1976, and after due and proper advertisement had been made therefor, three (3) bids for furnishing all tools, machines, labor and materials for the construction of concrete curb, gutter, entrances and sidewalk along King Street, S. E., in the City 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 said bids, from which it appears to the Council that the proposal of H. & S. Construction Company 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, 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 proposal of H. & S. Construction Company based on unit prices, for the construction of concrete curb, gutter, entrances and sidewalk along King Street, S. E., as described in the City's plans and specifications, for a lump sum of $25,714.75, cash, upon satisfactory completion of said work, be, and said proposal is hereby ACCEPTED; (2) That the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with the aforesaid H. & S. 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 such form as is approved by the City Attorney, and the cost of the work when completed, to be paid for out of funds heretofore appropriated by the Council for the purpose, the total amount to be paid under this contract, however, not to exceed the sum of $25,714.75; 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 them 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. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1976. No. 22971. AN ORDINANCE providing for the purchase of various vehicular and related 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 deliverin~ said vehicular equipment, and rejecting all other such bids; providing for the issuance of requisite purchase orders for all such equipment; and providing for an emergency. WHEREAS, on May 5, 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 Purchasi] and Materials Control and publicly opened in the City Manager's 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 through the City Manager; and WHEREAS, in inviting offers to bid for supply of said equipment broad, general specifications were stated by the City for all such equipment but, because of the nature of the equipment and variations thereof between various manufacturers of the same bidders were invited and required to state wherein the equipment offered to be supplied could not meet the exact specifications so stated, so that analysis and comparison of all such bids might be made and that equipment might be purchased that would best meet the needs of the City and be to its best interests; 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 the Council, considering all of the same, has determined that the bids hereinafter accepted are the best bids meeting the City's broad and general 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 May 5, 1976, to furnish to the City the vehicular and related equipment hereinaf set out by item number and generally described but more particularly described in the City's specifications and in said named bidders' proposals, be and are hereby ACCEPTED, at the purchase prices set out with each said item and the name of each successful bidder thereon, viz: g :er 3.8'7 3'88' Item No. 1 2 3 3A 5-A Quantity and Successful Description Bidder 1 Excavator Ditching Machine - "4 in 1" configuration -Alt. D. Rish Equipment Co. 1 Portable Asphalt Storage Unit/Maintainer Municipal Sales Company, Inc. 1 Asphalt Road Repair Kettle 300/330 Gallon Capacity A. E. Finley & Assoc. of Virginia, Inc. 1 Asphalt Road Repair Kettle 600-Gallon Capacity A. E. Finley & Assoc. of Virginia, Inc. 1 Trailer Mounted Brush Chipper McIlhaney Equipment Company 1 Cab/Chassis for Utility Body Magic City Motor Corporation 1 Utility body and Aerial Tower furnished and mounted on above Cab/Chassis and delivered f.o.b. Roanoke Alt. C and E. Total Purchase Price $ 68,461.00 6,795.00 3,354.00 5,788.00 6,379.00 4,810.99 APPROVED ATTEST: City Clerk shall be in full force and effect upon its passage. Mayor Utility Distributors, Inc. 14,037.00; all of the aforesaid vehicular and related equipment to be delivered to the City f.o.b. Roanoke, in accordance with the City's general specifications and with the successful bidders' respective proposals and within the delivery times set out in said proposals; and the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue requisite purchase orders therefor, incorporating into said orders the City's aforesaid general specifications, the terms of said bidders' proposals and the terms and provisions of this ordinance; the cost of said equipment, 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 equipment and upon the City's acceptance of the same as being in accordance with the bid accepted and purchase order awarded, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment of the aforesaid purchase prices to each said successful bidder, not to exceed the sums hereinabove set out. BE IT FURTHER ORDAINED that all other than the aforesaid bids made for supply of the within described items of equipment be, and said other bids are hereby REJECTED, and the City Clerk shall so notify each said other bidder and 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1976. No. 22972. A RESOLUTION authorizing an agreement to be entered into with the County of Roanoke relating to the joint use of library facilities of the City of Roanoke and the County of Roanoke. WHEREAS, the Library Boards of the City of Roanoke and the County of Roanoke, respectively, have proposed and recommended that a program of joint use of public library facilities of each such political subdivision be made available to the respective citizens of such political subdivision in which recommendation Council has heretofore concurred; and WHEREAS, the Board of Supervisors of Roanoke County has by resolution, authorized the execution of a certain joint use agreement, a copy of which is on file in the office of the City Clerk. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Mayor and the City Clerk, be and they hereby are authorized to execute, seal and attest, respectively, a certain agreement providing for the joint use of public library facilities by the citizens of each of the political subdivisions, parties to such agreement, upon the terms and conditions set out in such agreement heretofore approved by the Board of Supervisors of ~oanoke County by Resolution No. 1479, adopted on the 27th day of April, 1976, a copy of which said agreement and resolution are on file in the office of the City Clerk. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1976. No. 22947. 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. 312, 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 Thirteen lots located at the southeasterly intersection of Hollins Road and Mason Mill Road, N. E., Roanoke, Virginia, and being described as Lot Nos. 1, 2, 3, 4, 5, 6, 7, 7A, 8, 9, 10, 11 (Official City of Roanoke Tax Numbers 3121901 and 3121906 thru 3121916) and Lot 100 x 125 foot "acreage" known as official City of Roanoke Tax No. 3121905 of the map made for C. F. Sisler heirs and being of record in the Clerk's Office of the Circuit Court of 389 39O the City of Roanoke, Virginia, in Map Book 1, Page 35, rezoned from RD Duplex Residential District, to LM Light Manufacturing District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RD Duplex 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 WHEREAS, the hearing as provided for in said notice was held on the 1st day of June, 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. 312 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the southeasterly intersection of Hollins Road and Mason Mill Road, N. E., Roanoke, Virginia, described as Lots 1, 2, 3, 4, 5, 6, 7A, 8, 9, those portions of Lot 7 not in the floodplain (Lots 10, 11 and 12 to be excluded), and Lot 100 x 125 foot "acreage" of the map made for the C. F. Sisler heirs and being of record in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Map Book 1, Page 35, designated on Sheet 312 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 3121901, 3121906 through 3121914 and 3121905, be, and is hereby, changed from RD Duplex Residential District, to LM Light Manufacturing District, and that Sheet No. 312 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 June, 1976. No. 22948. AN ORDINANCE permanently vacating, discontinuing and closing (a) a certain portion of Third Street, N. W., lying between Center Avenue, N. W., and Loudon Avenue, N. W.; (b) a 12-foot wide alley lying east of Third Street, N. W. between and parallel to Center Avenue, N. W., and Loudon Avenue, N. W. extending easterly from its intersection with Third Street, N. W., to its inter- section with the middle point of Second Street, N. W. (closed by City Council Ordinance #5037 December 18, 1936); (c) a 10-foot wide alley lying west of Third Street, N. W. between and parallel to Center Avenue, N. W., and Loudon Avenue, N. W. extending westerly from its intersection of Third Street, N. W. 214.54 feet. WHEREAS, Halmode Apparel, Inc., has previously filed its application to the Council of the City of Roanoke, Virginia, in accordance with law, request- ing the Council to vacate, discontinue and close permanently a portion of the aforesaid street and alleys; and WHEREAS, Halmode Apparel, Inc. did on March 25, 1976, duly and legally publish a notice of its Application to the Council to close the described street and alleys 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 Salem Avenue entrance), all of which is verified by Affidavit of the Sheriff of the City of Roanoke, appended to the application; and WHEREAS, more than ten days having expired since the publication of the notice of said application, in accordance with the prayers of said application and the provisions of Section 15.1-364 of the Code of Virginia, as amended, viewers were appointed by the Council by Resolution No. 22819, dated April 15, 1976, to view said street and alleys and to report in writing whether or not, in their opinion, any inconvenience would result from formally vacating, dis- continuing and closing said portion of the street and alleys; and WHEREAS, it appearing from the written report of the viewers, dated May 19, 1976, and filed with the City Clerk on May 20, 1976, that no inconvenience would result either to any individual or to the public from vacating, discontinu- ing and closing permanently the alleys described in the application, but that inconvenience would result from vacating, discontinuing and closing permanently the portion of Third Street, N. W. as described in the application; and WHEREAS, Council at its meeting on April 15, 1976, referred the said application to the City Planning Commission, which commission, after considering the matter at its meeting on April 21, 1976, recommended in a communication to the City Council dated May 10, 1976, that the described alleys and street be closed with the City retaining all public utilities located across or under the property, together with the right of ingress and egress for maintenance of same; and 391 392 WHEREAS, on the 1st day of June, 1976, a public hearing was held on the said application before the Council, 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, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing the said street and alleys, as applied for by Halmode Apparel, Inc., and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that (a) a portion of Third Street, N. W. lying between Center Avenue, N. W., and Loudon Avenue, N. W.; (b) a 12-foot wide alley lying east of Third Street, N. W. between and parallel to Center Avenue, N. W. and Loudon Avenue, N. W. extending easterly from its intersection with Third Street, N. W. to its intersection with the middle point of Second Street, N. W. (closed by City Council Ordinance ~5037 December 18, 1936); (c) a 10-foot wide alley lying west of Third Street, N. W., between and parallel to Center Avenue, N. W., and Loudon Avenue, N. W. extending westerly from its intersection of Third Street, N. W. 214.54 feet, be and they hereby are permanently vacated, discontinued and closed as a public street and public alleys; 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 Roanok~ is empowered so to do, reserving however, unto the City of Roanoke an easement for any public utilities that may now be located across said street or alleys, together with the right of ingress and egress for maintenance for such utilities. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on the portions of the street and alleys on all maps and plats on file in his office on which said street and alley por- tions are shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk of said Court may make proper notation on all maps or plats recorded in his office upon which are shown said street and alley portions, and that if requested by any party in interest, he may record the same in the deed books in his office. APPROVED ATTEST: City Clerk Mayor 393 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1976. No. 22949. 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. 243, 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 at the northwest corner of Forest Park Boulevard and Melrose Avenue, N. W., Official Numbers 2431613 and 2431614, being part of Lot 4, Block 2, Forest Park rezoned from C-1 Office and Institutional District, to C-2 General Commercial District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land not be rezoned from C-1 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 1st day of June, 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. 243 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located at the northwest corner of Forest Park Boulevard and Melrose Avenue, N. W., described as part of Lot 4, Block 2, Forest Park designated on Sheet 243 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2431613 and 2431614, be, and is hereby, changed from C-1 Office and Institutional District, to C-2 General Commercial District, and that Sheet No. 243 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor 394 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1976. No. 22953. AN ORDINANCE permitting an encroachment of a loading dock of Warehouse Enterprises, Inc., located on property at 902 13th Street, S. W., bearing Official No. 1221201, one and one-half (1-1/2) feet into the south right-of-way of Virginia Avenue, S. W., for a distance of four (4) feet, upon certain terms and conditions. WHEREAS, Warehouse Enterprises, Inc., owner of the property hereinafter described, located at the intersection of Virginia Avenue, S. W., and 13th Street, S. W., has by letter to this Council dated May 29, 1976, requested that it be permitted to construct a loading dock which would encroach upon the south right- of-way of Virginia Avenue, S. W., one and one-half (1-1/2) feet for a distance of four (4) feet; and WHEREAS, the City Manager in a report to this Council dated June 1, 1976, has recommended that the request of said owner be granted as provided for herein; and WHEREAS, pursuant to the authority vested in local governing bodies by Section 15.1-376 of the 1950 Code of Virginia, as amended, and as provided in Sec. 4, Chapter 7, Title XV of the Code of the City of Roanoke, 1956, as amended, this Council is agreeable to said owner's proposal as recommended by the City Manager and is willing to permit the encroachment hereinafter mentioned over and into not more than one and one-half (1-1/2) feet of the southerly right- of-way area for the public street abutting the northern boundary of said owner's property, upon the terms and conditions hereinafter contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that permission be, and is hereby granted Warehouse Enterprises, Inc., owner of the lot described as Official No. 1221201, located at the intersection of Virginia Avenue, S. W., and 13th Street, S. W., bearing address of 902 13th Street, S. W., to construct a loading dock, which loading dock may encroach northerly for a depth of not more than one and one-half (1-1/2) feet, for a distance of four (4) feet over the south right-of-way line and into the public street area on the south line of Virginia Avenue, S. W., abutting the aforesaid lot, said loading dock to be properly and safely constructed and maintained at the expense of the aforesaid owner, or its assigns, or successors in interest, on permit issued therefor by the Building Commissioner and in accordance with the provisions of Chapter 7, Title XV, of the Code of the City of Roanoke, 1956, as amended, and such of the City's building regulations and requirements as are applicable thereto and subject, also, to all of the limitations contained in Section 15.1- 376 of ~he 1950 Code .of Virginia, abovementioned; it to be agreed by said permittee that by making and maintaining such encroachment, said permittee and its assigns or successors in interest agree to indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to persons or property that may arise by reason of the encroachment of said loading dock over said public street area. 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 owner, or its duly authorized contractor or representative, and until an attested copy of this ordinance shall have been duly signed, sealed and acknowledged by the said Warehous, Enterprises, Inc., and shall have been admitted to record, at the cost of said permittee, in the Clerk's Office of the Circuit Court of the City of Roanoke. BE IT FURTHER ORDAINED that the City Clerk be and is hereby directed to transmit an attested copy of this ordinance to Mr. John W. Owens, of Warehouse Enterprises, Inc. EXECUTED and accepted by the undersigned this , 1976: day of WAREHOUSE ENTERPRISES, INC. ATTEST: By President Secretary STATE OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that and , President and Secretary, respectively, of WAREHOUSE ENTERPRISES, INC. whose names are signed to the foregoing writing bearing date the day of , 1976, have this date personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1976. My Commission expires: . ATTEST: City Clerk APPROVED Notary Public Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1976. No. 22959. AN ORDINANCE amending and reordaining Sec. 159. Same - Vehicles not redeemed within ninety days, of Chapter 1. Traffic Code, of Title XVIII. Motor Vehicles and Traffic, of the Code of the City of Roanoke, 1956, as amended, to provide for the disposition by auction of those abandoned vehicles removed from public grounds of the City and stored by the City for more than ninety days. 395 396 WHEREAS, the office of the City Attorney, by report dated June 1, 1976, recommended the amendment of Sec. 159. Same - Vehicles not redeemed within ninety days, of the City's Traffic Code in the manner as set forth in this ordinance, in which recommendation this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 159. Same - Vehicles not redeemed within ninety days, of Chapter 1. Traffic Code, of Title XVIII. Motor Vehicles and Traffic, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: Sec. 159. Same - Vehicles not redeemed within ninety days. Any vehicle or other object removed from the streets or public grounds of the City by a police officer and placed in storage in accordance with Section 156 of this chapter may, if the same remains in storage for a period of more than ninety days and the cost of removal and storage be not paid within said period by the owner or other interested person, be sold at public auction by the city sheriff, or by the superintendent of police of the city if such vehicle or object has been stored on city-owned property. Prior to any such sale, the operator of such garage, or the superin- tendent of police, as the case may be, shall cause such vehicle or object to be appraised by not less than three disinterested persons, whose appraisal in writing shall be filed with the superintendent of police, shall publish notice of such sale for not less than five days in a newspaper of general circulation in the city, and shall give not less than five days' notice in writing by mail to the registered owner and any lien holder, or any claimant of such vehicle or object, if the names of such persons be known or be of record in the office of the division of motor vehicles. Out of the proceeds of any such sale the costs thereof, together with the cost of removal of such vehicle or object, investigation as to ownership and liens, notice and sale shall be paid, and any balance remaining shall be paid to the person entitled thereto, if known, or, if unknown, shall be paid by such officer into the city treasury, there to be held in a special account subject to claim by the lawful owner for a period of not more than five years and, thereafter, if unclaimed, transferred to the general fund of the city. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1976. No. 22966. AN ORDINANCE making tentative appropriations for the Roanoke City Schools for the year beginning July 1, 1976, and ending June 30, 1977. WHEREAS, pursuant to Section 22-127, of the Code of Virginia, 1950, as amended, that portion of the operating budget pertaining to the Roanoke City Schools in the amount so specified in this ordinance, shall take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all money paid into the City Treasury to the credit of the Roanoke City Schools with such additional amount from the City's General Fund as may be necessary, is hereby tentatively appropriated to the following uses and purposes, to wit: TOTAL SCHOOL TOTAL SCHOOL GENERAL FUND REVENUE · EXPENDITURES SUPPLEMENT $8,114,054.00 $22,257,447.00 $14,143,393.00 BE IT FURTHER ORDAINED, that this ordinance shall be known and cited as the 1976-77 Roanoke City Schools appropriation ordinance. BE IT FURTHER ORDAINED, that this ordinance shall be in force on and after July 1, 1976. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1976. No. 22974. AN ORDINANCE authorizing the proper City officials to accept from D.B.D. Associates, a partnership, and cause to be recorded, a deed donating a ten (10) foot wide easement to the City for storm drainage and public utility purposes over certain real estate belonging to said partnership, in the City for the nominal consideration of Five Dollars ($5.00); and providing for an emergency. WHEREAS, D.B.D. Associates, a partnership, has offered to donate to the City a 10-foot wide easement for storm drain purposes over a portion of real estate located on Lot 9 of Block 39, of Deanwood Terrace in the City of Roanoke, and have delivered to the City a proper deed of easement; and WHEREAS, this Council desires to accept said deed; 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 proper City officials are hereby authorized to accept and record a deed of easement, approved as to form and execution by the City Attorney, granting a perpetual easement for storm drainage and public utility purposes over a 10- foot wide strip of land belonging to D.B.D. Associates, a partnership, said easement to extend from the south line of Indiana Avenue, N. E., to the north line of Mohawk Avenue, N. E., the location of said easement being shown on Plan No. 1463-A, dated April 28, 1976, on file in the Office of the City Engineer. 397' 3.9 8 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 7th day of June, 1976. No. 22975. AN ORDINANCE to amend and reordain Section 9102, "Clerk," of the 1975- 76 Appropriation Ordinance, and providing for an emergency. WHEREAS,' f~r-the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 9102, "Clerk," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CLERK ~102 Advertising (1) ................... $9,700.00 (1) Net increase $2,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1976. No. 22976. A RESOLUTION concurring, generally, in a proposal for establishment of certain Auto-RestriCted Zones in down-town areas of the City; and requesting the Virginia Department of Highways and Transportation to take certain actions in the matter. WHEREAS, organizations representative of business and commercial interest in the down-town areas of the City have urged that the Council take steps to have Highway Trust and other available funds used for the establishment and construction of certain Auto-Restricted Zones on certain streets in the down- town areas of the City, in which recommendation the City Manager has concurred, although advising that the use of such program may require and necessitate delay of commencement of some other needed highway projects in the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Council concurs, generally, in establishment and development of a system of Auto-Restricted Zones for certain of the public streets in the down-town section of the City of Roanoke, to be financed by use of Federal Highway Trust funds, State and local funds and other funds found to be available for the purpose; and 2. That the Virginia Department of Highways and Transportation is hereby requested to divert and use such funds as may be necessary to permit allocation of preliminary planning and engineering to be done on a project to establish and construct an Auto-Restricted Zone or zones in the down-town area of the City of Roanoke in Fiscal Year 1977, and to permit allocation of constructio] funds for such project or projects in Fiscal Years 1978 and ~979. BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorize and directed to cause this resolution to be presented or transmitted to authorized representatives of the aforesaid Department. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1976. No. 22977. 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: REGIONAL WARRANT AND CAPIA INFORMATION SYSTEM NO. 75-A3429 ................................. $27,833.00* *$26,441.00 to be reimbursed from Department of Justice and Crime Prevention *$ 1,392.00 to be reimbursed in the form of local cash match by the City of Roanoke, City of Salem and County of Roanoke d 399 400 BE IT FURTHER ORDAINED that, an emergency existing, 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 June, 1976. No. 22978. AN ORDINANCE to amend and reordain Section #345, "Police," 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 #345, "Police," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE #345 Local Cash Match ................... $696.00 BE IT FURTHER ORDAINED that, an emergency existing, 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 June, 1976. No. 22979. 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 a system to make warrant and capias information available to law enforcement personnel on a regional basis. 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-A3429 to provide for a system to make warrant and capias information available to law enforcement personnel on a regional basis 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-A3429 be accepted upon such special conditions aforesaid, in which recommenda- tion ~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 author- ized to accept, execute and file the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for Action Grant No. 75-A3429 for Federal funds i~ {he amount of $26,441.00 through said Division, to be used, along with certain local funds, to provide for a system to make warrant and capias information available to law enforcement personnel on a regional basis, estimated to cost approximately $27,833.00; 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 7th day of June, 1976. No. 22980. A RESOLUTION approving execution of a deed of conveyance of an 8.9114 acre tract of land at Roanoke Municipal Airport, Woodrum Field, to be conveyed to the United States Government as authorized by Ordinance No. 22817 of this Council adopted April 12, 1976. WHEREAS, the City Manager, by report dated June 7, 1976, has advised the Council that the Department of the Navy has provided the City with a survey plat of an 8.9114 acre tract of land at Roanoke Municipal Airport, Woodrum Field, being an accurate survey with minor boundary line revisions of the approximate 9.6 acre site needed by said Department for a proposed reserve training center site, which the Council had previously authorized by Ordinance No. 22817 to be conveyed to the United States Government, and the City Manager, in the same report, has recommended that the 8.9114 acre tract of land shown on said survey plat be approve as the area of land to be conveyed to the United States Government in which recommendation this Council concurs. 40! 402 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council fully authorizes execution on behalf of the City of Roanoke of a deed of donation and conveyance for nominal consideration to the United States of America of that certain 8.9114 acre tract of land shown on a plat of survey dated May 20, 1976, prepared by David Dick & Associates, Engineers and Surveyors, Roanoke, Virginia, entitled Naval and Marine Corps Reserve Center, as being what was generally described as an approximate 9.6 acre tract of land located at Roanoke Municipal Airport, Woodrum Field, in Ordinance No. 22817, heretofore adopted. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1976. No. 22981. AN ORDINANCE to amend and reordain Section 9889, "Transfers Within Capital Improvements 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 Section 9889, "Transfers Within Capital Improvements Fund," of the 1975-76 Appropri Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS WITHIN CAPITAL IMPROVEMENTS FUND 9889 Route 24 (1) .............................. $ 10th Street (2) ........................... Route 115 (3) ............................. Route 116 (4) .................. -..-. Jefferson Stre~t Bridge'(5) . .. ~ .... 24th Street (6) .......... Jefferson Street ~es~i~ ~i~ ~i... Downtown Traffic Signals (8) .............. Peters Creek Bridges (9) .................. 40,171.93 530,888.09 654,412.33 51,194.91 101,743.35 107,495.25 97,113.17 179,881.51 3,468.91 Highway Construction Fund (10) ............ 1,766,369.45 (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 increase 40,171.93 530,888.09 654,412.33 51,194.91 101,743.35 107,495.25 97,113.17 179,881.51 3,468.91 1,766,369.45 Ltion BE IT FURTHER ORDAINED that, an emergency existing, 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 June, 1976. No. 22982. AN ORDINANCE to amend and reordain Section 9889, "Transfers Within Capital Improvements 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 Section 9889, "Transfers Within Capital Improvements Fund," of the 1975-76 Appropria Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS WITHIN CAPITAL IMPROVEMENTS FUND 9889 Highway Construction Fund (1) .......... $381,743.35 South Jefferson Street Bridge (2) ...... 381,743.35 (1) Net decrease ............ $381,743.35 (2) Net increase 381,743.35 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 June, 1976. No. 22983. AN ORDINANCE to amend and reordain Section 9889, "Transfers Within Capital Improvements 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. '.ion 4O3 4O4 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #889, "Transfers Within Capital Improvements Fund," of the 1975-76 Appropria Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS WITHIN CAPITAL IMPROVEMENTS FUND #889 South Jefferson Street Bridge Project (1) ....................... $483,098.13 (1) Net increase. $101,354.78 *100% reimbursed by Roanoke Memorial Hospitals 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 June, 1976. No. 22984. AN ORDINANCE concurring in the award of a contract by the Commonwealth of Virginia, Department of Highways and Transportation, for improvement of a 0.335 mile section of South Jefferson Street, in the City, including replacement of the Jefferson Street Bridge and approaches over Roanoke River and over the Norfolk and Western Railway Company's right-of-way; providing for the execution of an agreement with said Department relative to the maintenance of Highway Project U000-128-106, PE-101, RW 201, C-501, B-606, B-607, etc,, and signifying the City's intent to participate in the payment of a certain portion of the costs of said project and to provide certain storm drain facilities; and providing for'an emergency. WHEREAS, with the City's concurrence, the Department of Highways and Transportation has formulated plans and received a contractor's bid for constructiol of the within mentioned highway project, the total present estimated cost of which project, including all costs of construction, right-of-way acquisition, preliminary engineering and other costs is $2,905,329.10, of which estimated sum the City's estimated portion would be $598,839.59; and WHEREAS, said Department has requested that the City enter into agreement with said Department agreeing upon the maintenance, signing and regulation of parking on said highway and agreeing upon the proportion of the total cost of the highway construction which the City shall pay, and agreeing to provide at the City's expense certain related storm drain facilities; and :ion WHEREAS, there has been or is being appropriated by the Council funds sufficient to defray the costs to the City of the aforesaid public improvement and, 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 said City doth concur in the award of a contract by the Commonwealth of Virginia, Department of Highways and Transportation, t© Wiley N. Jackson & CompanY, for improvement of a 0.335 mile section of South Jefferson Street, in the City, including replacement of the Jefferson Street Bridge and approaches thereto, as Highway Project U000-128-106, PE-101, RW-201, C-501, B-606, B-607, Federal Project M-MG-5128(13), U-5501(2), U-5501(3). BE IT FURTHER ORDAINED that the City Manager and the City Clerk, or their duly appointed and authorized assistants or deputies, be and they are hereby authorized to execute, seal and attest, respectively, on behalf of the City of Roanoke, with the aforesaid Commonwealth of Virginia, Department of Highways and Transportation, an agreement relating to the maintenance, signing and regulation of parking on the aforesaid project, in the form submitted by said Department and approved by the City Attorney, the same to contain the City's agreement to participate in payment of the total actual cost of all said improvemen now estimated to amount to $2,905,329.10, of which total estimated cost the City's proportionate estimated share is to be $598,839.59 in the proportions set out in said agreement for the various items contained therein, it being understood that the costs therein shown are estimated and that the percentages will be applied to the actual cost of the various items of said improvements, and containing, also, the City's agreement to provide adequate storm drain faciliti from the intersection of Whitmore Avenue, S. E., and a certain existing alley to the Roanoke River, which facility will be sufficient in capacity to accept the project drainage as designed and be available without causing delay to con- struction of said project. 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 4O5 406 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1976. No. 22985. AN ORDINANCE authorizing execution of an agreement with Roanoke Hospital Association relative to apportionment of costs of construction and maintenance of a 5-ton light vehicular bridge and pedestrian walkway in connection with construction of a new Jefferson Street Bridge over Roanoke River and the Norfolk and Western Railway Company's right-of-way; and providing for an emergency. WHEREAS, Resolution No. 22006 signified the City's desire and willingness to have constructed a new Jefferson Street Bridge over Roanoke River and certain railroad facilities and to enter into agreement with Roanoke Hospital Association relative to construction and maintenance of a certain light vehicular bridge and pedestrian walkway in connection with said project, and set out in said resolution were then current estimates of the cost of constructing the latter improvements; and WHEREAS, upon further study and based upon bids made for such constructio the costs heretofore estimated have increased and Roanoke Hospital Association has again signified its willingness to participate in the construction and maintena costs of the same in the proportions heretofore indicated, and has executed and tendered to the City its written agreement so to do; 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 and the City Clerk are hereby authorized and directed to execute, seal and attest, respectively, on behalf of the City of Roanoke, a written agreemen drawn under date of June 1, 1976, with Roanoke Hospital Association providing in effect, that the City will cause to be constructed a new main bridge and overpass on Jefferson Street across Roanoke River and the Norfolk and Western Railway Company's trackline and, in conjunction therewith, a new pedestrian bridge and connected 5-ton light vehicular bridge and thereafter will maintain and keep the same in safe repair and condition for the useful life of said structur but will permit Roanoke Hospital Association to have complete vehicular access control to the vehicular portion of said 5-ton light vehicular bridge; and that Roanoke Hospital Association will reimburse and pay to the City the actual costs of constructing said 5-ton light vehicular bridge, now estimated to amount to $101,354.78, but such reimbursement to be paid upon the actual costs of same as defined in said agreement, said Association thereafter to pay and reimburse to the City 57.74% of the total cost incurred by the City in maintaining or repairing said new pedestrian bridge and 5-ton light vehicular bridge. ce s 4O7 BE IT FURTHER ORDAINED that, 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 7th day of June, 1976. No. 22986. A RESOLUTION approving the City Manager's issuance of Change Order No. 1, in connection with the City's contract dated June 13, 1975, with Adams Construction Company, for the performance of miscellaneous small area improved hard surface street and sidewalk restoration. WHEREAS, the City Manager in written report dated June 7, 1976, has recommended that the Council approve the issuance of a Change Order to the City's contract with Adams Construction Company for the performance of samll area improved hard surface street and sidewalk restoration so as to extend the date of termination of the contract from June 13, 1976, to July 31, 1976, the beginning date of a similar new one-year contract, at no additional cost to the City over the amount heretofore appropriated for said contract, a copy of such change order, prepared and approved by the City Engineer, being on file in the office of the City Clerk, and the Council is of opinion that such Change Order is advisable. 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 Adams Construction Company, dated June 13, 1975, for the performance of miscellaneous small area hard surface street and sidewalk restoration, so as to extend the date of termination of said contract from June 13, 1976 to July 31, 1976, the beginning date of a similar new one-year contract, at no additional cost to the City over the amount heretofore appropriated for said contract. APPROVED ATTEST: City Clerk Mayor 4O8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1976. No. 22988. AN ORDINANCE authorizing the purchase of 10,000 tons of crusher run stone upon certain terms and conditions, by accepting the bid made to the City by Blue Ridge Stone Corporation; rejecting a certain other bid; and providing for an emergency. WHEREAS, on May 19, 1976, and after due and proper advertisement having been made therefor, two (2) bids were received and opened by a committee in the City's Civil Defense Conference Room for the purchase of crusher run stone; and after said bids were tabulated, that committee recommended in writing to the Council that the lowest and best bid meeting all specifications and requirements that of Blue Ridge Stone Corporation, be accepted; and WHEREAS, it is the opinion of the Council that said crusher run stone should be purchased, 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 Blue Ridge Stone Corporation, to supply the City, witn 10,000 tons of crusher run stone for City use, at a cost to the City of $27,500.00, at a unit price of $2.05 per ton plus a price of $.70 per ton for delivery, to be delivered by Blue Ridge Stone Corporation to the City's Public Works Service Center at Courtland Road and Noble Avenue, N. E., in the City, 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 order or 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 crusher run stone, and the provisions of this ordinance. BE IT FURTHER ORDAINED that the other bid made to the City for the supply of the aforesaid stone be and said other bid is hereby REJECTED, the City Clerk to so notify said other bidder and to express to said bidder the City's appreciation of said bid. 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 7th day of June, 1976. No. 22990. AN ORDINANCE to amend and reordain Section #889, "Transfers Within Capital Improvements 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 Section 9889, "Transfers Within Capital Improvements Fund," of the 1975-76 Appropri Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS WITHIN CAPITAL IMPROVEMENTS FUND 9889 Parks Impact Project (1) ........... $12,198.34 Riverdale Park (2) ................. 18,500.00 Baseball Diamond - Fallon Park (3) .......................... 30,698.34 (1) Net decrease .......... $12,198.34 (2) Net decrease. 18,500.00 (3) Net increase 30,698.34 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1976. No. 22991. AN ORDINANCE accepting a certain bid and awarding a certain contract for' the Fallon Park Baseball Diamond Construction and Lighting, upon certain terms and conditions; rejecting a certain other bid made to the City; and providin¢ for an emergency. WHEREAS, at the meeting of the Council held on May 17, 1976, and after due and proper advertisement had been made therefor, two (2) bids made to the City for the construction and lighting of a baseball diamond in Fallon Park were opened and read before the Council, whereupon said bids were referred to a committee for study and report thereon back to the Council; and WHEREAS, said committee has reported to the Council under date of June 7, 1976, from which it appears that the bid hereinafter accepted represents the lowest and best bid received by the City, meeting the City's specifications for said work, and should be accepted. 409 ~tion 410 WHEREAS, funds have been or are being appropriated by the Council sufficient to pay the cost of the construction and lighting hereinafter 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 Davis H. Elliot Company, Inc., for constructing and lighting a baseball diamond in Fallon Park, in the City, in full accordance with the City's plans and specifications made therefor and with said bidder's proposal, for a total price of $43,965.00, 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 and described in Paragraph 1, above, said contract to have incorporated therein the City's requirements and specifications for the work so authorized to be done, the bidder's proposal made to the City, and the provisions of this ordinance; and upon satisfactory completion of all said work and acceptance by the City as meeting all said specifications, the Director of Finance shall be, and is hereby authorized to make payment to said contractor in accordance with the provisions of this ordinance and said contract, charging said payments to appropria' heretofore or hereafter made by the City for said improvements. BE IT FURTHER ORDAINED that the other bid made to the City for performing said work be 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 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 7th day of June, 1976. No. 22992. AN ORDINANCE accepting the proposal of H. & S. Construction Company for the construction of concrete curb, gutter, entrances, pavement and storm drains along Gordon Avenue, S. E., in 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. ions WHEREAS, at the meeting of the Council held on May 24, 1976, and after due and proper advertisement had been made therefor, four (4) bids for furnishing all tools, machines, labor and materials for the construction of concrete curb, gutter, entrances, pavement and storm drains along Gordon Avenue, S. E., in the City 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 said bids, from which it appears to the Council that the proposal of H. & S. Construction Company 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, said committee has further reported that Fekas Homes, Inc., General Contractors has by written offer dated September 9, 1975, agreed to place in escrow the sum of $7,500.00 to be used to pay for a portion of the work relating to Gordon Avenue, S. E., above recommended to be undertaken; 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 proposal of H. & S. Construction Company based on unit prices, for the construction of concrete curb, gutter, entrances, pavement and storm drains along Gordon Avenue, S. E., as described in the City's plans and specifications, for a lump sum of $76,157.50, cash, upon satisfactory completion of said work, be, and said proposal is hereby CONDITIONALLY ACCEPTED, subject to the condition that Fekas Homes, Inc., General Contractors, within thirty (30) days from and after the adoption of this ordinance, place in escrow or otherwise make available to the City the sum of $7,500.00 to be used by the City to pay and defray a portion of the cost of the construction of storm drains along Gordon Avenue, S. E.; 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, upon the happening of the condition hereinabove set out, the requisite contract with the aforesaid H. & S. 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 such form as is approved by the City Attorney, and the cost of the work when completed, to be paid for out of funds heretofore appropriated by the Council for the purpose, the total amount to be paid under this contract, however, not to exceed the sum of $76,157.50; 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 them the City's appreciation of said bids. 422. ' 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 June, 1976. No. 22994. A RESOLUTION approving employment of a keypunch operator in the Office of the Commissioner of Revenue for the City of Roanoke, to fill a vacancy existing in that office. WHEREAS, by communication of the Commissioner of Revenue for the City of Roanoke, dated May 26, 1976, to this Council, this Body is advised of one (1) existing vacancy in that office which has a real need to be filled, so that said office may timely process some thousands of current real estate reassessments in preparation for the January 1, 1977 real estate tax assessment and so as to process data relative to properties so assessed; and WHEREAS, current funding for payment of the compensation fixed for said position has heretofore been approved by the Compensation Board and by this Council for the current fiscal year, and the Council considers it necessary that such aforesaid position be filled when a qualified person is found available. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body approves the employment and appointment by the Commissioner of Revenue for the City of Roanoke of one (1) keypunch operator in the office of said Commissioner of Revenue, at an annual salary of $6,799.00, as soon as a qualified applicant is found to fill an existing vacancy in a position of employment heretofore provided for that office; and that the Compensation Board of the Commonwealth of Virginia be advised of such approval by the City Clerk's transmittal of an attested copy of this resolution to said Board. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1976. No. 22995. A RESOLUTION advising the State Compensation Board of the elimination of certain offices and positions in the City's administrative force, and requesting said Board to eliminate certain positions of employment in the Constitutional offices of the City. WHEREAS, the City CounCil is required annually to adopt and maintain a balanced budget for each fiscal year commencing July 1 and, in considering and settling upon said City's annual budget for Fiscal 1976-1977, and in view of economic and financial conditions, the Council has decided upon the elimination of ninety-four (94) existing positions heretofore provided for in the City's administrative personnel wholly under the control of the Council, forty-two (42) of which positions are presently filled and occupied, thus requiring terminati, of employment of forty-two persons and eliminating the remaining fifty-two unfilled positions; and WHEREAS, the City Council, for the reasons aforesaid, finds it necessary to order at least a temporary stay of routine advancement and promotion and of annual salary increases for its aforesaid employees; and WHEREAS, the City Manager has requested each of the City's Constitutional officers to effect similar economies of employment within their respective offices, advising that the City is not capable of funding for the forthcoming fiscal year the positions hereinafter mentioned. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Body respectfully requests and urges the State Compensation Board, in approvin positions of employment in the Constitutional offices of the City hereinafter set out and in fixing compensation for positions of employment in said offices, to eliminate and not approve for employment or, if continued as an approved position, not fund for compensation in Fiscal 1976-1977, the following positions: Office of the Commissioner of Revenue - 2 Clerk Typists II (Both vacant) Office of the City Treasurer - 4 Deputy Treasurers (One new position, three occupied positions) Office of the Commonwealth's Attorney - 1 Investigator 1 Assistant Commonwealth's Attorney (Requested new positions) Office of the Clerk of the Circuit Court of the City of Roanoke - 2 Deputy Clerks (One new position, one vacant position) Office of the City Sheriff - 2 Deputy Sheriffs (Both positions occupied). 414 BE IT FURTHER RESOLVED by the aforesaid City Council that the State Compensation Board be and is hereby further requested, in fixing and determining upon the amounts of compensation for officers and employees in each aforesaid office for Fiscal 1976-1977, not to provide salary increases for any of the aforesaid positions, until such time as local funds are available with which said City Council may provide increases to the officers and employees of the City whose salaries and compensation are wholly under control of said City Council, and which may or may not be accomplishable during the forthcoming fiscal year. BE IT FINALLY RESOLVED that the City Clerk forthwith transmit attested copies hereof to the Chairman of the State Compensation Board, in Richmond, Virginia. ATTEST: APPROVED City Clerk Mayor 415 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1976. No. 22973. AN ORDINANCE permanently vacating, discontinuing and closing all that certain portion of Larchwood Street, N. E., 50 feet in width, extending from the south line of Thurston Ave., N.E., in southerly direction 196.77 feet, more or less, to where the said Larchwood Street, N. E., was previously closed and vacated on December 12, 1960, Ordinance No. 14261, Ordinance Book 24, page 306, said street being shown on Sheet 311 of the City's Tax Appraisal Map, and also that certain portion of Indiana Avenue, N.E., 60 feet in width, extending from the westerly line of Kimball Avenue, N.E., (formerly Patrick Henry Drive), in a westerly direction 456.10 feet, more or less, to a point, said avenue being shown on Sheet 307 of the City's Tax Appraisal Map, all being in the City of Roanoke, Virginia. W~RE~S, Wilson Trucking Corporation and Gimbert Associates, Inc., have heretofore filed their petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close that certain portion of Larchwood Street, N.E., 50 feet in width, extending from the south line of Thurston Avenue, N.E., in a southerly direction 196.77 feet, more or less, to where the said Larchwood Street, N.E., was previously closed and vacated on December 12, 1960, Ordinance No. 14261, Ordinance Book 24, page 306, said street being shown on Sheet 311 of the City's Tax Appraisal Map, and also that certain portion of Indiana Avenue, N.E., 60 feet in width, extending from the westerly line of Kimball Avenue, N.E., (formerly Patrick Henry Drive), in a westerly direction 456.10 feet, more or less, to a point, said avenue being shown on Sheet 307 of the City's Tax Appraisal Map, all being in the City of Roanoke, Virginia, of the filing of which due notice was given to the public as required by law; and WHEREAS, in accordance with the prayers of said petition, viewers were appointed by Council on March 15, 1976, to view the properties and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said portion of Larchwood Street, N.E., and also of Indiana Avenue, N.E.; and 416 WHEREAS, it appears from the written report of the viewers filed with the City Clerk on June 3, 1976, that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing said portion of Larchwood Street, N.E., and said portion of Indiana Avenue, N.E.; and WHEREAS, Council at its meeting on March 15, 1976, referred the petition to the City Planning Commission, which Commission by its reports filed with Council on May 10, 1976 and on June 14, 1976, recommended that the petition to vacate, discontinue and close the hereinafter described portions of Larchwood Street, N.E., and also of Indiana Avenue, N.E., be approved, subject to the retention by the City of Roanoke of any utility easements therein; and WHEREAS, a public hearing was held on the questions before the Council at its regular meeting on June 7, 1976, after due and timely notice thereof published in The Roanoke World-News, at which hearing all parties in interest and citizens were afforded an opportunity to be keard on the question; and WHEREAS, from all of the foregoing, Council considers that no inconvenience will result to any individual or to the public from permanent- ly vacating, discontinuing and closing the said portion of Larchwood Street, N.E., and the said portion of Indiana Avenue, N.E., as applied for by the petitioners, subject to the retention by the City of Roanoke of any public utility easements, and that, accordingly, said portion of Larchwood Street, N.E., and said portion of Indiana Avenue, N. E., should be permanently closed and vacated. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all that certain portion of Larchwood Street, N.E., and all that certain Portion of Indiana Avenue, N.E., both being in the City of Roanoke, Virginia, and more particularly described as follows: That certain portion of Larchwood Street, N.E., 50 feet in width, extending from the south line of Thurston Ave., N.E., in a southerly direction 196.77 feet, more or less, to where the said Larchwood Street, N.E., was previously closed and vacated on December 12, 1960, Ordinance No. 14261, Ordinance Book 24, page 306, said street being as shown on Sheet 311 of the City's Tax Appraisal Map; Also That certain portion of Indiana Avenue, N.E., 60 feet in width, extending from the westerly line of Kimball Avenue, N.E., (formerly Patrick Henry Drive), in a westerly direction 456.10 feet, more or less, to a point; said avenue being as shown on Sheet 307 of the City's Tax Appraisal Map; be, and they hereby are, permanently vacated, discontinued and closed; and that all right, title and interest of the City of Roanoke and of the public in and to the same for use as a public street be, and they hereby are, released insofar as the Council of the City of Roanoke, Virginia, is empowered so to do, provided, however, that the City of Roanoke hereby expressly reserves perpetual easements in said property for gas utility lines, sanitary sewer lines and storm drainage lines. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "Permanently vacated and closed" on said portion of Larchwood Street, N.E. and on said portion of Indiana Avenue, N.E. on all maps and plats on file in his office on which said portion of Larchwood Street, N.E. and said portion of Indiana Avenue, N.E. are shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court for the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk of said Court may make proper notations on all maps or plats recorded in his office upon which are shown said portion of Larchwood Street, N.E. and said portion of Indiana Avenue, N.E., as provided by law, and that, if so requested by any party in interest, he may record the same in the deed book in his office, indexing the same in the name of the City of Roanoke, Virginia, as grantor and in the name of any party in interest who may request it as grantee. ATTEST: City Clerk APPROVED Mayor 417 418 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1976. No. 22987. AN ORDINANCE authorizing and providing for an amendment to the City's Concession Agreement dated March 15, 1975, with C. B. Clemmer for the operation of the concession business at the City's Carvin's Cove Reservoir in Roanoke County, by authorizing said concessionaire to rent paddle boats at Carvin's Cove Reservoir upon certain terms and conditions. WHEREAS, by Ordinance No. 22146, adopted April 7, 1975, the Council accepted the written proposal of C. B. Clemmer for operating a concession business at the City's Carvin's Cove Reservoir, upon con- sideration of a certain guaranteed annual fee payable to the City; and WHEREAS, the City Manager ha~ reco~%~ended to tha Council by report dated June 7, i~7~, ~at U~e present Concession Agreement between the City and C. B. Clemmer for operation of the concession business at the City's Carvin's Cove Reservoir be amended to authorize the concessionaire to rent paddle boats at Carvin's Cove Reservoir, upon the conditions hereinafter enumerated, in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Council doth hereby authorize the modification and amendment of the Concession Agreement heretofore entered into between the City and C. B. Clemmer for the operation of the concession business at the City's Carvin's Cove Reservoir as set out in said agreement dated March 15, 1975, so as to authorize the concessionaire to rent paddle boats to the public at Carvin's Cove Reservoir upon the execution of a written agreement by said concessionaire to pay to the City an addi- tional sum of $50.00 annually for such right, privilege and concession and all other of the terms, provisions, conditions and obligations incumbent upon the parties to said Concession Agreement dated March 15, 1975, to remain in full force and effect as therein provided; said amendment to be accomplished by written modification agreement to further contain provision obligating said concessionaire to carry liability insurance naming the City as an additional insured and such other safety requirements as directed by the City Manager; and the City Manager and City Clerk are hereby authorized and directed to execute and to seal and attest, respectively, on behalf of the City, an addendum to said Concession Agreement dated March 15, 1975, approv- ed as to form by the City Attorney. APPROVED ATTEST: City Clerk Mayor 419 420 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1976. No. 22989. AN ORDINANCE amending and reordaining Sec. 11. Hangar and miscellaneous building rentals, of Chapter 5. Airport, Title VIII. of the Code of the City of Roanoke, 1956, as amended, by increasing the monthly rental for individual hangar offices in Building No. 12 at Roanoke Municipal Airport, Woodrum Field; and providing for the effective date of this ordinance. WHEREAS, the Airport Advisory Commission has recommended that the rent for individual hangar offices in Building No. 12 at Roanoke Municipal Airport, Woodrum Field, be increased from $15.00 per month to $32.50 per month, in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 11. Hangar and miscellaneous building rentals, of Chapter 5. ~ir~ort, of Title VIII. 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. 11. Hangar and miscellaneous building rentals. The following charges shall be made for the use of hangar and miscellaneous buildings at the airport. (a) Individual hangars in Buildings #11 and 912 ............................... $30.00 per month (b) Individual hangar offices in Building #11 ................................ $15.00 per month (c) Individual hangar offices in Building #12 ................................ $32.50 per month (d) Quonset hangar Buildings #13, #14, #15 and #16 .................... $0.045 per sq. ft. per month or $125.00 per mo. complete (e) Hangar Buildings #17, #18, #19 and 920 .................... $0.075 per sq. ft. per month or $250.00 per month complete (f) Office in hangar Building #18 ...... $50.00 per month (g) Hangar Building #2...$0.06 per sq. ft. per month or $300.00 per month complete 421 (A) Hangar Building #3...$0.06 per sq. ft. per month or $330.00 per month complete (i) Cargo Building, Building #7, w/docking use .................. $0.38 per sq. ft. per month (j) Building #5, w/utilities..$0.06 per sq. ft. per month or $200.00 per month complete The foregoing may be superseded by special agreements approved by City Council. BE IT FURTHER ORDAINED that the provisions of this ordinance shall be in full force and effect on July 1, 1976. ATTEST: City Clerk APPROVED Mayor 422 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1976. No. 22993. AN ORDINANCE approving issuance of Change Order No. 2 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 a change in the plans for the construction design of said garage upon certain terms and conditions; providing for reimbursement to the City by The First National Exchange Bank of Virginia for the increased costs necessitated by said change. WHEREAS, the City Manager, in a report dated May 24, 1976 to this Council, requested authority to execute Change Order No. 2 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 pro- vide for a change in the plans for the construction design of said garage, upon execution of the appropriate agreement with The First National Exchange Bank of Virginia to reimburse the City for the increased cost necessitated by said change. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said Council approves the execution by the City Manager, for and on behalf of the City of Roanoke, of Change Order No. 2 to the City's contract dated July 29, 1975 with Pebble Building Company, so as to provide for a change in the plans for the construction design of the City's parking garage, as originally designed, with the time for completion of said structure to be increased by seventy (70) days; the increase in the contractual amount of $122,000.00 necessitated by said change of the plans of the construction design to be reimbursed to the City by The First National Exchange Bank of Virginia upon form of agreement made part of said change order and to be executed by The First National Exchange Bank of Virginia prior to the execution by the City Manager of said change order; said change order with form of agreement to be executed by The First National Exchange Bank of Virginia, to be upon form approved by the City Attorney. ATTEST: City Clerk APPROVED Mayor 423 '-424 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1976. No. 22996. AN ORDINANCE to amend and reordain Section #2123, "Schools - Teachers' Salaries," 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 #2123, "Schools - Teachers' Salaries," of the 1975-76 Appro- priation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - TEACHERS' SALARIES #2123 Teachers' Salaries (1) ................. $1,000,000.00 Not previously appropriated (1) Net increase $1,Qaa,Qaa.aQ BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1976. No. 22997. AN ORDINANCE to amend and reordain Section #13482, "Schools - Fishburn Park Elementary School," of the 1975-76 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Govern- ment 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 #13482, "Schools - Fishburn Park Elementary School," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - FISHBURN PARK ELEMENTARY SCHOOL #13482 Fishburn Park Elementary School ~11 ..... $48Q.0Q Not previously appropriated (1) Net increase ......... $480.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 425, 426 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1976. No. 22998. AN ORDINANCE to amend and reordain Section 9605, "Utility Line Facilities," of the 1975-76 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Govern- ment 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 9605, "Utility Line Facilities," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: UTILITY LINE FACILITIES 9605 Supplies and Materials - Construction eli ................... $230,000.00 Not Previously appropriated (1) Net increase $25,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance 'shall be ~n effect from its passage. ATTEST: 'City clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1976. No. 22999. A RESOLUTION accepting a certain Community Development Block Grant offer in the amount of $2,629,000 made to the City by the United States Department of Housing and Urban Development under Title I of Public Law 93-383; and authorizing Byron E. Haner, City Manager, to execute the City's acceptance of the aforesaid grant offer on behalf of the City of Roanoke and to agree, on behalf of said City, to comply with the terms and conditions of the agreement, applicable law and regulations and requirements of said Department pertaining thereto. WHEREAS, pursuant to application B-76-MC-51-0020 made April 16, 1976, by the City to the U. S. Department of Housing and Urban Develop- ment for a grant of Federal funds under Title I of the Housing and Community Development Act of 1974 (.Public Law 93-383), said Department kas made to the City of Roanoke under date of June 3, 1976, an offer to provide Federal assistance in the amount of $2,629,000 to assist in funding certain community development activities and projects set out and described in said application, said offer being made on Form HUD-7082 (3-76), of the U. S. Department of Housing and Urban Develop- ment, and said grant being referred to therein as Grant No. B-76-MC- 51-0020; and WHEREAS, understanding that the City's acceptance of such Federal assistance requires the City's assurance and agreement that it will comply with the terms and conditions of the agreement, the applicable law and regulations and all requirements of ~UD pertaining to the assistance provided, and understanding that $550,000 of said grant will consist of payments to be made directly by HUD on behalf of the City or of City of Roanoke Redevelopment and Eousing Authority to holders of notes made in connection with the Downtown East VA-R-42 project and the Gainsboro Neighborhood Development VA-A6 project, the Council deems it proper that the City of Roanoke accept the afore- said offer and agree to the terms and conditions therein set out and attached thereto as the Grant Agreement. 427 428 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: That the City of Roanoke doth hereby accept the offer made to said City by the United States of America, Department of Housing and Urban Development, under date of June 3, 1976, of a grant of Federal funds under Title I of the Housing and Community Development Act of 1974 (Public Law 93-383), amounting to $2,629,000 in funding certain community development activities and projects set out and described in the City's application for said funding dated April 16, 1976, made as Grant No. B-76-MC-51-0020 by said Department, upon all of the terms, provisions and conditions therein set out, a copy of the afore- said offer made on Form HUD-7082 (3-76) to which is a~tached the Grant Agreement and the terms, provisions and conditions upon which said grant is made being on file in the Office of the City Clerk and being expressly incorporated herein by reference. BE IT FURTHER RESOLVED that Byron E. ~aner, City Manager, be and he is hereby authorized and directed to execute, for and on behalf of the City, written acceptance of the City set out on page 6 of the aforesaid Form ~UD-7082 ~-76~, tke~eby a~eein~ on behalf of the City of Roanoke, to comply with the terms and conditions of the aforesaid Grant Agreement, applicable law and regulations and all requirements of HUD, now or hereafter in effect, pertaining to the assistance provided. BE IT FURTHER RESOLVED that upon execution of the City's accep- tance of said offer and execution of agreement to the terms and con- ditions incorporated therein, the original and one copy of the afore- said document be forthwith forwarded to the Richmond Area Office of the Department of Housing and Urban Development, together with attested copies of this resolution, one copy to be forwarded to City of Roanoke Redevelopment and Housing Authority, and one executed copy to be retained by the City Clerk, for the City. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1976. No. 23002. A RESOLUTION providing for a Special Meeting of the Council to be held on Wednesday, June 23, 1976, at 2:00 o'clock, P.M., Eastern Day- light Time. BE IT RESOLVED by the Council of the City of Roanoke that a Special Meeting of the Council of the City of Roanoke be held at 2:00 o'clock, P.M., Eastern Daylight Time, on Wednesday, June 23, 1976, in the Council Chambers in the Municipal Building for the purpose of considering and adopting a budget ordinance for Fiscal 1976-1977, and necessary ordinances providing revenue for said fiscal year; and for the purpose of taking such other action in the premises as the Council may then be advised. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1976. No. 23003. A RESOLUTION approving certain recommendations made by the Roanoke City Arts Commission for display of photographic portraits of former mayors of the City. WHEREAS, the Roanoke City Arts Commission, having been requested to make suggestions and recommendations relative to matters herein referred to, reported at the Council Meeting held May 24, 1976, as to appropriate methods of framing and displaying photographic portraits of the former mayors of the City of Roanoke, last displayed on the walls of the Courthouse Building adjoining the Municipal Building; and exhibited to the Council a uniform type frame and identifying plates and informed 429 43O the Council of the cost of causing said portraits to be framed as proposed by said Commission; and WHEREAS, the Council considering the aforesaid report concurs in all of the same. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body approves the written report made to the Council at its May 24, 1976 meeting by the Roanoke City Arts Commission with respect to framing and display of the photographic portraits of the former mayors of the City of Roanoke and of the acquisition of certain a~d~tIo~l f~ames for future use for such purposes; and doth authorize and direct the City Manager to assist said Commission in arranging an appropriate display of all said portraits on the walls of the hallway on the 4th Floor of the Municipal Building. APPROVED ATTEST: City Clerk Mayor 431 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1976. No. 23001. AN ORDINANCE providing for the execution of a certain Paying Agency Agreement between the City of Roanoke, as principal, and United Virginia Bank, with its principal office located in the City of Richmond, Virginia, as fiscal agent of the City, and to designate the principal office of said Bank, together with Citibank, N. A., as alternate places of payment relating to the City's payment of the bonds authorized by Resolution No. 22957 to be advertised for sale, and of the interest coupons maturing on said bonds; and providing for the periodical destruction of the aforesaid bonds and interest coupons and certi- fication of the facts of such payment and destruction in the manner and form provided in SS15.1-184.1 of the 1950 Code of Virginia, as amended; and providing for an emergency. WHEREAS, there are to be advertised for sale pursuant to the provisions of Resolution No. 22957 the City's bonds heretofore authorized by Ordinance No. 21044 as amended by Ordinance 22391, Ordinance No. 22690, and by Ordinance No. 22768, bids for the purchase of which are intended to be considered by the Council at a Special Meeting to be held on June 23, 1976, wkich bonds, if sold, will be issued under date of August 1, 1976; and WHEREAS, provision will be made on the face of all such bonds and on the coupons attached thereto that the same may be presented for payment by the City at the principal office of United Virginia Bank, in Richmond, Virginia, or, at the option of the holder, at the principal office of Citibank, N. A., in New York, New York, and the City desires to enter into agreement with said banks as paying agents of the City for payment of the principal and interest on said bonds and, further, to enter into agreement as authorized by SS15.1-184.1 of the 1950 Code of Virginia, as amended, with United Virginia Bank providing for said bank's periodical accounting for destruction of the bonds and coupons paid by each aforesaid bank as paying agents of the City, and with United Virginia Bank of Roanoke, N. A. as the bank at which the City shall deposit monies to meet the aforesaid payments; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and they are hereby authorized, empowered and directed, for and on behalf of the City, to execute and to seal and attest, respectively, a written agreement with United Virginia Bank, of Richmond, Virginia, designating said bank as a fiscal agent and paying agent of the City for the purpose of payment of the City's bonds and interest coupons attached thereto authorized by Resolution No. 22957 to be advertised for sale, and providing, further, for designation of the principal office of Citibank, N. A., in New 432 York, New York, as an alternate place where, at the option of the holder, said bonds and coupons may be paid, and designating United Virginia Bank of Roanoke, N. A., as the bank whereat the City shall deposit monies sufficient for such payments, and further, for the periodical destruction of the aforesaid bonds and interest coupons by United Virginia Bank, of Richmond, Virginia, and certifi- cation of the facts of such payment and destruction in the form provided in SS15.1-184.1 of the 1950 Code of Virginia, as amended, which said agreement shall be substantially in the following words and figures, viz: "FISCAL AND PAYING AGENCY AGREEMENT This Agreement made this day of June, 1976, between the City of Roanoke, Virginia, party of the first part, and United Virginia Bank, with its princiPal office located in the City of Richmond, Virginia, party of the second part, WI TNE S SETH: Whereas, the party of the first part contemplates the issuance of $22,315,000 of bonds of the City of Roanoke authorized to be advertised for sale by Resolution No. 22957 of its City Council, adopted June 1, 1976, to which resolution reference is hereby made for more complete description of the amounts of each of the three such authorized issues and of the purposes for which said bonds are to be issued; and said party of the first part desires to designate the principal office of the party of the second part, in Richmond, Virginia, and the principal office of Citibank, N. A., in New York,~New York, as alternate places of payment of the principal Df and interest'On~he aforesaid bonds, and further desires to make the party of the second part and said Citibank, N. A. co-paying agents of the City for the payment of said principal and interest. Now, therefore, the parties hereto do mutually covenant and agree that the party of the first part may make its aforesaid obligations payable as set forth above and that the aforesaid two banking institutions shall act as co-paying agents of the party of the first part in paying the principal of and interest on the aforesaid obligations to the holders thereof upon the following terms and conditions: With respect to said obligations presented to Citibank, N. A.: 1. That the party of the second part shall maintain on deposit with Citibank, N. A. in its account with said bank funds sufficient to meet such of said obligations as may be presented for payment to said Citibank, N. A.; and 2. Upon the presentation and surrender of any of said obligations at maturity to the Citibank, N. A. said bank shall forthwith honor and pay the same to the person presenting same from funds held on deposit by the party of the second part with the said bank, and forthwith cancel and ship any such paid bonds and coupons to the party of the second part, advising the party of the second part of the amount of the charge to its account. With respect to bonds presented to the party of the second part: 1. Prior to the date on which the principal of and interest on its said obligations shall become due, the party of the first part shall deposit in a trust account at United Virginia Bank of Roanoke, N. A. sufficient monies to meet the payment of the principal of and interest on its said obligations at the offices of the aforesaid co-paying agents; and 2. Upon receipt of the aforesaid monies sufficient to meet the payment of the principal of and interest on the said obligations of the party of the first part, United Virginia Bank of Roanoke, N. A. shall deposit such monies in a trust account at United Virginia Bank, Richmond, Virginia; and 3. Upon the presentation and surrender of any of said obligations at maturity to the party of the second part the party of the second part shall forthwith honor and pay the same to the person presenting same. The party of the second part shall periodically furnish the party of the first part with a statement of account of all monies received and used for payment of said obligations. The party of the second part shall, upon payment of bonds and coupons by it or receipt of paid bonds and coupons from Citibank, N. A., periodically destroy the bonds and coupons by burning or complete mutilation and make certifi- cation thereof in triplicate to the City's Director of Finance in the form pre- scribed in SS15~t-18~4.1-of the 1950 Code of Virginia, as from time to time amended. The party of the first part shall pay to the party of the second part as compensation for its services as fiscal agent of the party of the first part hereunder the following: $0.95 per $5,000 bond and $0.10 per interest coupon paid on behalf of the party of the first part and periodically destroyed by the party of the second part in accordance with the provisions of the next preceding paragraph hereof; and the party of the second part shall pay to Citibank, N. A. its fee for services as co-paying agent in accordance with said Bank's commitment to said party of the second part. In addition to the compensation set forth in the next preceding paragraph hereof, the party of the first part shall reimburse the party of the second part for all out-of-pocket expenses such as postage, insurance on cancelled items, telephone charges, etc. incurred by the party of the second part in serving as fiscal agent of the party of the first part. This agreement shall take effect immediately. This agreement shall not prevent the party of the second part or Citibank N. A., or United Virginia Bank of Roanoke, N. A., from bidding for, purchasing, acquiring, holding, selling or disposing of any obligations of the party of the first part. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and delivered in duplicate the day and year first above written. 433 434 ATTEST: CITY OF ROANOKE, City Clerk ATTEST: By: Mayor UNITED VIRGINIA BANK, (Title) APPROVED AND AGREED: CITIBANK, N. A., By: Authorized Officer (Title) APPROVED AND AGREED: UNITED VIRGINIA BANK OF ROANOKE, N.A By: (Title) By: (Title)" 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 14th day of June, 1976. No. 23004. A RESOLUTION concurring in the City's acquisition from the City of Salem of certain water lines, facilities and services owned by the City of Salem and located in the City of Roanoke upon modification of certain of the terms and provisions contained in Ordinance No. 22711 adopted February 9, 1976. WHEREAS, in report dated June 7, 1976, made to the Council by its Water Resources Committee, the Council has been advised that the City of Salem is agreeable to disposing of its water lines and facilities mentioned in Ordinance No. 22711 for the purchase price provided in said ordinance, viz, $40,000.00, but is concerned with the rate at which said City would be paid for its water delivered through such lines up until the time of the City's actual connection thereto, other terms of the City of Roanoke's proposed acquisition of such facilities being generally agreeable to said City of Salem; and the Water Resource~ C~ommittee has recommended that the City Manager be authorized to finalize the proposed agreement on the basis hereinafter set out. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the proper City officials be and are hereby authorized to purchase from the City of Salem all water distribution lines, excepting water trunk lines, owned by the City of Salem and within the present corporate limits of the City of Roanoke for the consideration of $40,000, upon agreement approved as to form by the City Attorney, which agreement will provide that the City of Roanoke will immediately commence to and will within a one year interim construct tie- ins and connecting lines to said water distribution lines, paying to the City of Salem as connections are made to the various portions or segments of said City's distribution system the pro-rated value of the facilities so connected to and taken over for service by the City of Roanoke, such value to be based upon the $40,000 consideration, and the full balance of said $40,000 consideration to be due and payable to the City of Salem no later than July 1, 1977; and that if the City of Roanoke, by July 1, 1977, shall not have made connections to the entire of such system and assumed the service thereof, the City of Roanoke will, after July 1, 1977, reimburse and pay to the City of Salem for water delivered by the City of Salem to any remaining customers on said City's lines then supplied water by the City of Salem at the rate now established by the City of Salem for the supply of water outside said City's corporate limits, including any surcharge made thereon; such agreement to make provision for the single water service mentioned in Resolution No. 22711, remote from the City of Roanoke's water system, as provided in the aforesaid ordinance and, further, for replacement of and return to the City of Salem of its water meters used in said system. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1976. No. 23005. A RESOLUTION relative to the 208 Areawide Wastewater Management Study. WHEREAS, the 208 Areawide Wastewater Management Study in final draft form has been presented to the members of the Council and to the members of its Water Resources Committee and has been set for public hearing on June 14, 1976; and WHEREAS, concurring in the recommendations made by said Water Resources Committee, the Council desires, to state, again, its position with reference to the matter. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said body reaffirms the position of the City of Roanoke with reference to the 435 436 208 Areawide Wastewater Management Study as expressed in Resoltuion No. 22712 of the Council adopted February 9, 1976, and, further, concurs in the recommendatio contained in the draft study report, of proper or agreeable multi-jurisdictional management agency contracts but does oppose, at the present time, the hiring of a permanent Management Agency Staff and the imposition of a sewage treatment charge to fund any such staff. BE IT FURTHER RESOLVED that the City Clerk do transmit an attested copy hereof to the Fifth Planning District Commission and to the governing bodies of each other Roanoke Valley government, member of said Commission. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1976. No. 230Q6. A RESOLUTION concurring in and adopting certain Flood Plain Management Objectives relative to the Roanoke River and its tributaries within the City of Roanoke. WHEREAS, the Mayor's Flood Plain Committee, considering and studying objectives which should be established for flood plain management of lands in the City affected by the Roanoke River and its tributaries, has formulated and proposed certain such objectives, its report having been referred by the Council to the City Planning Commission which made report back to the Council at its meeting held June 7, 1976; all of which the Council has considered. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, concurring in the premises established by the Mayor's Flood Plain Committee and the City Planning Commission to be recognized in adopting objectives for flood plain management in said City, said Council states the following to be the objectives for flood plain management of the flood plain areas of Roanoke River and its tributaries in said City of Roanoke, viz: 1. To protect, through regulatory measures wherever possible and economically feasible, the hydrological capability of the Roanoke River and its tributaries to permit the unobstructed passage of those flood waters associated with the 1% probability flood within a "floodway". 2. To have initiated, wherever possible and economic- ally feasible, such physical measures which will materi- ally reduce the extent of the floodway. 3. To have initiated, wherever possible and economic- ally feasible, such remedial projects as will provide abutting property owners a measure of flood water protection equivalent to the 1% probability flood. 4. To endeavor to have removed wherever possible, when consistent with other City objectives and when economic- ally feasible, such restrictions to the floodway which have a hydrologically significant effect when measured in terms of a 1% probability flood. 5. To insure the availability of subsidized flood insurance under the program authorized by the Congress of the United States and administered by the Department of Housing and Urban Development for property ~owners of the City of Roanoke. 6. To establish open use areas in concurrence with City development policy, where possible and economic- ally feasible, through a program of conservation in areas which are either undeveloped or which are occupied by residential uses through acquisition and reservation of the property by the City of Roanoke. BE IT FURTHER RESOLVED that the City Clerk do transmit attested copies hereof to the Fifth Planning District Commission; and that the City Planning ~ Commission make copies hereof available to such other agencies as may be concerned in the matter. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 1976. No. 23000. AN ORDINANCE authorizing and directing the City's conveyance to the County of Roanoke and to the Town of Vinton certain undivided interests in the residue of that 257.08 acre tract of land situate in Roanoke County, Virginia, acquired by the City as the site for a regional solid waste disposal facility by deed dated October 10, 1973, upon certain terms and conditions. 4'37 WHEREAS, this Council by Ordinance No. 21142, dated September 26, 1973, authorized the acquisition of a parcel of land in Roanoke County for the purchase price of $237,500.00 for the purpose of establishing a landfill, which acquisition was made by a deed dated October 10, 1973, conveying a 273.67 acre parcel of land to the City of Roanoke; and WHEREAS, this Council by Ordinance No. 22345, adopted July 7, 1975, authorized the City to enter into an agreement with the County of Roanoke and the Town of Vinton for the establishment of the Roanoke Valley Regional Solid Waste Management Board and the operation of a regional landfill on said landfill site, which agreement was executed and dated July 29, 1975; and WHEREAS, this Council by Ordinance No. 22718, adopted February 23, 1976, authorized conveyance of a 16.59 acre portion of said 273.67 acre site to the United States of America by the City which conveyance was made by deed dated May 24, 1976; and WHEREAS, the City Manager by report dated June 14, 1976, requested conveyance by the City to the County of Roanoke and the Town of Vinton their undivided interests in that 257.08 acre parcel landfill site, which is that parcel of land shown on a plat dated June 26, 1973, showing property to be conveyed to Roanoke County and the City of Roanoke by M. S. Thomas, widower, on the south side of Roanoke River and on Secondary Highway 618 prepared by David Dick & Associates, Engineers and Surveyors, less that certain 16.59 acre parcel of land conveyed to the United States of America by the City of Roanoke by deed dated May 24, 1976, the proportionate interests of the County of Roanoke and the Town of Vinton in said 257.08 acre parcel, 31.2% and 4.8%, respectively, the consideration for said conveyance having already been paid. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and City Clerk are hereby authorized and empowered for and on behalf of the City to execute and convey to the County of Roanoke and the Town of Vinton, upon deed of conveyance prepared by the City Attorney, the undivided interests of the County of Roanoke and the Town of Vinton, said interests being 31.2% and 4.8%, respectively, in that 257.08 acre parcel of land representing the regional landfill site, which parcel is that parcel of land shown on plat dated June 26, 1973, showing property to be conveyed to Roanoke County and the City of Roanoke by M. S. Thomas, widower, on the south side of Roanoke River and on Secondary Highway 618, prepared by David Dick & Associates, Engineers and Surveyors, less that certain 16.59 acre parcel of land conveyed to the United States of America by the City of Roanoke by deed dated May 24, 1976, for the consideration of the proportionate share of the County of Roanoke and the Town of Vinton in the CitY's original purchase price of said parcel, said consideration having already been paid. ATTEST: City Clerk APPROVED Mayor 439 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA· The 21st day of June, 1976. No. 23007. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements 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 Section #889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriatior Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Annexed School Improvements (1) ......... $597,000.00 Not previously appropriated (1) Net increase $350,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 1976. No. 23008. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the'application of First Mortgage Corporation to permanently vacate, discontinue and close a portion of Virginia Avenue and Pink Street, which portion is more specifically described below. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of First Mortgage Corporation, that said petitioner did on · 1976, duly and legally publish 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 close the hereinafter described portion of Virginia Avenue and Pink Street, 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 311 Second Street, S. E., as provided by the aforesaid 44O Section of the Virginia Code, as amended, all of which is verified by an affi- davit of the Sheriff of the City of Roanoke appended to the application address- ed to the Council requesting that the hereinafter described portion of Virginia Avenue and Pink Street be permanently vacated, discontinued and closed; and WHEREAS, it appearing to the Council that more than ten days have elapsed since the publication of such proper legal notice, and the Council having considered said application to permanently vacate, discontinue and close the hereinafter described portion of Virginia Avenue and Pink Street; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinafter described portion of Virginia Avenue and Pink Street herein sought to be permanently vacated, discontinued and closed and report in writing, as required by Section 15.1-364 of tka COda of Virginia, as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. J. Tate McBroom, Dewey H. Marshall, Harry Whiteside, Jr., M. Dale Poe and R. R. Quick, any three of whom may act, be, and they hereby are, appointed as viewers to view the following described portion of Virginia Avenue and Pink Street and report in writing, pursuant to the provi- sions of Section 15.1-364 of the Code of Virginia of 1950, as amended, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing the same, namely: BEGINNING at a point on the westerly side of Nelms Lane, with the intersection of Pink Street, thence S. 68 deg. 03' W. 453.17 feet to a point, thence S. 16 deg. 10' W. 173.29 feet to a point, thence N. 75 deg. 47' W. 20.01 feet to the center of Virginia Avenue, thence N. 16 deg. 10' E. 239.88 feet to a point, thence N. 68 deg. 03' E. 456.51 feet to the west side of Nelms Lane, thence S. 19 deg. 09' 30.04 feet to the place of Beginning and being a portion of Pink Street and a portion of Virginia Avenue as more particularly shown on that survey made by T. P. Parker and Son, Engineers and Surveyors, dated March 1, 1973. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 1976. No. 23009. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds for implementation and continuation of a law intern 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. 75-A3239 for implementation and continuatior of a law intern program in the City 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-A3239 be accepted upon such special conditions aforesaid, in which recommendatio] 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. 75-A3239 for Federal funds in the amount of $2,011.16 through said Division, to be used, along with certain other local cash contributions, to aid said implementation and continuation of a law intern program in the City, estimated to cost approximately $2,117.00; 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 21st day of June, 1976. No. 23010. 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: 441 442 LAW INTERNS 9925 Salaries and Wages (1) ............... $2,117.00 Not previously appropriated (1) Net increase $2,117.00 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 21st day of June, 1976. No. 23011. AN ORDINANCE to amend and reordain Section ~122, "Commonwealth's Attorney 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 #122, "Commonwealth's Attorney," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY #122 Local Cash Match (1) ............ $130.38 Not previously appropriated (1) Net increase $105.84 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 1976. No. 23012. 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 Govern- ment of the City of 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: STREET LIGHTING 9661 Building and Fixed Equipment (1) ........ $ 398,746.68 TRANSFERS TO CAPITAL FUND #889 Street Lighting Improvements (2) ........ 1,330,898.64 (1) Net decrease $20,003.32 (2) Net increase. 20,003.32 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor AN 0 of the 1975-76 WHER of the City of THER Section 9537, and the same i SOCI BE I shall be in ef ATTEST: City IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 1976. No. 23013. RDINANCE to amend and reordain Section #537, "Social Services," Appropriation Ordinance, and providing for an emergency. EAS, for the usual daily operation of the Municipal Government Roanoke, an emergency is declared to exist. EFORE, BE IT ORDAINED by the Council of the City of Roanoke that Social Services," of the 1975-76 Appropriation Ordinance, be, hereby, amended and reordained to read as follows, iN part: AL SERVICES #537 Emergency Relief (1) ................. $21,500.00 SSI-Refunds (2) ...................... 6,000.00 Transfer (1) Net decrease $6,000.00 (2) Net increase 6,000.00 ~ FURTHER ORDAINED that, an emergency existing, this Ordinance fect from its passage. APPROVED Clerk Mayor 443 44.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 1976. No. 23014. AN ORDINANCE to amend and reordain Section 9540, "Title XX," 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 #540, "Title XX," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TITLE XX 9540 Day'.Care for Children DD (1) ................ $15,744.00 Day Care for Adults DD (2) .................. 14,106.20 Not' previously appropriated (1) Net increase. $5,904.00 (2) Net increase 1,763.20 25% reimbursed by Roanoke Area Association for Retarded Citizens, Inc. 75% reimbursed by Title XX funds 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 21st day of June, 1976. No. 23015. AN ORDINANCE to amend and reordain Section #748, "Engineering and Building Inspection," and Section #889, "Transfers to Capital Improvements 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 Section #748, "Engineering and Building Inspection," and Section ~889, "Transfers to Capital Improvements Fund," of the 1975-76 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: ENGINEERING AND BUILDING INSPECTION %748 Contractual Services (1) ................. $45~359.88 TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~889 Fairland Lakes Sanitary Sewer (2) ............................... 3,000.00 445 Transfer (1) Net decrease (2) Net increase $3,000.00 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 21st day of June, 1976. No. 23016. A RESOLUTION appointing Kit B. Kiser and Thomas F. Brady to a committee keretofore 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 June 21, 1976, it is necessary to appoint two members to the committee establish, by Ordinance No. 21701 to ascertain and apportion costs of the public sanitary sewer facility mentioned in and authorized by said ordinance, Charles H. Gutshall being now deceased and Cabell J. Fearn being unable to further serve on said committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Kit B. Kiser, Director of Utilities and Operations, and Thomas F. Brady, City Engineer, 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 the costs of constructing the public sanitary sewer main and lateral facilities 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 proper apportionment and assessment of such costs. APPROVED ATTEST: City Clerk Mayor d ng 4'46 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 1976. No. 23017. AN ORDINANCE to amend and reordain Section $340, "Municipal Airport Fund,".of the 1975-76 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 Section $340, "Municipal Airport Fund," of the 1975-76 Municipal Airport Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL AIRPORT FUND ~340 Petty Cash (1) .................... $200.00 Not previously appropriated (1) Net increase $200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 1976. No. 23018. AN ORDINANCE authorizing the issuance of Change Order No. 3 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 exten- sion of the time to complete the work from June 7, 1976, to July 7, 1976; 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 construction of the new Northwest Branch Library, to provide for an extension of the time to complete the work from June 7, 1976, to July 7, 1976; and WHEREAS, the City contractor has requested the issuance of such change order and such change order will not result in additional cost to the City; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. .447 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. 3 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 extension of the time necessary to complete the work from June 7, 1976, to July 7, 1976, as set out in the City Manager's report dated June 21, 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. 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 21st day of June, 1976. No. 23019. AN ORDINANCE to amend and reordain Section #445, "Civic center Promo- tional Account," of the 1975-76 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Govern- ment 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 #445, "Civic Center Promotional Account," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER PROMOTIONAL ACCOUNT #445 Change Fund (1) ....................... $5,000.00 (1) Net increase' $2,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 448 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 1976. No. 23020. A RESOLUTION authorizing waiver to the Roanoke Valley Bicentennial Commission of payment of rental charges for the use of Victory Stadium on July 5, 1976, and permitting the Commission certain concession privileges. WHEREAS, the City Manager has advised the Council that the Roanoke Valley Bicentennial Commission has sponsored a parade and many other related activities in celebration of Independence Day on July 5, 1976, most of which will culminate in events to be held at Victory Stadium; and said City Manager has recommended to the Council the adoption of this resolution. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth authorize waiver to the Roanoke Valley Bicentennial Commission of payment of rental and other charges normally made for the use of Victory Stadium for said Commission's planned activities on July 5, 1976, to be held at said facility; and doth grant said Roanoke Valley Bicentennial Commission the right and concession to offer and sell food, drinks, souvenirs, novelties and other articles befitting or appropriate to such occasion without payment of tax or other charge to the City. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy hereof to the Executive Director of the Roanoke Valley Bicentennial Commission. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 1976. No. 23021. 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 June 14, 1976, 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 share in said program to be $1,086.24. 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 College Off-Campus Work Study Program to provide for a summer employment program in the City for students with the City's share in said program to be $1,086.24; the remainder of the total cost of $3,504.00 of said program to be borne by the Virginia College Off-Campus Work Study Program. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 1976. No. 23023. AN ORDINANCE amending a purchase order contract awarded to Rish Equipment Company for the City's purchase of one Drott Excavator Backhoe with 14 ply tires in Ordinance No. 22971, adopted June 1, 1976; and providing for an emergency. WHEREAS, upon report of certain bids made to the City for supply of certain needed vehicular equipment, the Council, by the ordinance hereinafter referred to, accepted a bid of Rish Equipment Company, for supply of a Drott Excavator Backhoe with 14 ply tires at a purchase price of $68,461.00, payable upon delivery to and acceptance by the City; and WHEREAS, in report dated June 14, 1976, made to the Council by the bid committee and concurred in by the City Manager, the Council is advised that said supplier, not having delivered the equipment to the City, has proposed to supply said backhoe with 12 ply tires instead of 14 ply tires and to allow a credit of $275.00 to the City on the bid price of $68,461.00, and has recommend- ed that such proposal be accepted in which recommendation Council concurs; 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 purchase order contract awarded by Ordinance No. 22971 to Rish Equipment Company, for supply and delivery to the City of one Drott Excavator Backhoe with 14 ply tires at a delivered purchase price of $68,461.00, described as Item 1 in the aforesaid ordinance, be and the award of said purchase order contract is hereby AMENDED; the said supplier's proposal to deliver to the City one Drott Excavator Backhoe with 12 ply tires instead of 14 ply tires being ACCEPTED in lieu of said supplier's original proposal; the City to be allowed a credit of $275.00 on the original purchase price of $68,461.00. 449 45O 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~21st'day of June, 1976. No. 23024. AN ORDINANCE amending and reordaining: (a) subparagraph (F) of Rule 38., in Sec. 5, relating to the sale of surplus water supplied to consumers residing or located without the corporate limits of the City; (b) subparagraph (B) of Rule 39., in Sec. 5, relating to the sale of surplus water to other municip~ ties, and (c) Part A. and Part B. of Sec. 6., providing the schedule of rates and charges for the furnishing of water to customers inside said corporate limits, all being contained in Chapter 1, Water Department, of Title XII. Water, of the Code of the City of Roanoke, 1956, as amended; and providing for an emergency. WHEREAS, upon the Council's consideration and adoption of the City's annual budget for Fiscal Year 1976-1977, it is con-sidered necessary and expedient that certain rates and charges heretofore provided to be made and collected for the City's treatment, distribution and delivery of water and surplus water to customers within and without the corporate limits of the City be increased as hereinafter provided; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby declared to exist in order that the provisions of this ordinance take effect on and after July 1, 1976. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows, viz: (1) That subparagraph (F) of Rule 38, Sec. 5, Chapter 1, Title XII. Water., be and said subparagraph (F) is hereby amended and reordained, to read and provide as follows: (F) Except where it may be otherwise provided by special contract, and except for the sale of surplus water made to other incorporated municipalities pur- suant to Rule 39 hereof, the schedule of rates for minimum charges for surplus water supplied consumers residing or located without the city limits shall be 100% greater than those charged consumers residing or located within the city as provided in Part A of section 6, of this.chapter, as hereby amended; and the charge made consumers outside the city for water used in excess of the minimum allowances set out in said Part A shall be at the rate of $0.76 per 100 cubic feet. 451 (2) That subparagraph (B) in Rule 39, Sec. 5, Chapter 1, Title XII. Water., of the Code of the City of Roanoke, 1956, as amended, be and said subparagraph (B) is hereby amended and reordained, to read and provide as follows: (B) The City will read such meters monthly and shall compute and bill to such other incorporated municipality a charge for the water so delivered at a rate of 55 cents per 100 cubic feet of such water, and nothing contained in subparagraph (F) of Rule 38, preceding, shall be held to apply to sales of surplus water made to such other incorporated municipality. (3) That Part A. and Part B. of Sec. 6. Rates and Charges., Chapter 1, Water Department., Title XII. Water, of the Code of the City of Roanoke, 1956, as amended, be and said Part A. and Part B. are hereby amended and reordained to read and provide as follows: Part A. - For all water delivered in the City from the level of the combined reservoirs - Carvins Cove, Crystal Spring, City Farm and Carroll Avenue. 1. Quarterly billing - Minimum charges. Allowance 600 cubic feet per quarter. 5/8" Meter (Standard size) $ 4.80 3/4" Meter 5.85 1" Meter 6.90 1 1/2" Meter 9.00 2" Meter 13.50 3" Meter 21.00 4" ~eter 30.00 6" Meter 39.00 8" Meter 52.50 (Minimum charges 100% greater when delivered outside city limits.) In addition to the foregoing minimum charges, rates per 100 cubic feet in excess of 600 cubic feet allowed under the minimum shall be as follows: For next For next For next All over 8,400 cu. ft. at .38 per 100 cu. ft. 81,000 cu. ft. at .30 per 100 cu. ft. 315,000 cu. ft. at .22 per 100 cu. ft. 405,000 cu. ft. at .14 per 100 cu. ft. (Charges for water billed outside of city limits in excess of minimum quarterly allowance shall be at the rate of $$.76 per 100 cubic feet.) 2. Monthly billing - Minimum charges. Allowance 200 cubic feet per month. 5/8" Meter (Standard size) $ 1.60 3/4" Meter 1.95 1" Meter 2.30 1 1/2" Meter 3.00 2" Meter 4.50 3" Meter 7.00 4" Meter 10.00 6" Meter 13.00 8" Meter 17.50 (Minimum charges 100% greater when delivered outside city limits.) In adition to these minimum charges, rates per 100 cubic feet in excess of 200 cubic feet allowed under the minimum shall be as follows: For next For next For next All over 2,800 cu. ft. at .38 per 100 cu. ft. 27,000 cu. ft. at .30 per 100 cu. ft. 105,000 cu. ft. at .22 per 100 cu. ft. 135,000 cu. ft. at .14 per 100 cu. ft. (Charges for water delivered outside of city limits in excess of minimum monthly allowance shall be at the rate of $.76 per 100 cubic feet.) ,452 Part B. - For all water delivered by pumping four times. 1. Quarterly billing - Minimum charges. Allowance 600 cubic feet per quarter. 5/8" Meter (Standard size) $ 6.33 3/4" Meter 7.41 1" Meter 8.49 1 1/2" Meter 10.59 2" Meter 15.06 3" Meter 22.59 4" Meter 31.53 6" Meter 40.50 8" Meter 54.27 In addition to these minimum charges, rates per 100 cu- bic feet in excess of 600 cubic feet allowed under the minimum shall be as follows: For next For'next For next All over 8,400 cu. ft. at .62 per 100 cu. ft. 81,000 cu. ft. at .55 per 100 cu. ft. 315,000 cu. ft. at .50 per 100 cu. ft. 405,000 cu. ft. at .45 per 100 cu. ft. 2. Monthly billing - Minimum charges. Allowance 200 cubic feet per month. 5/8" Meter (Standard size) $ 2.11 3/4" Meter 2.47 1" Me ter 2.83 1 1/2" Meter 3.53 2" Meter 5.02 3" Meter 7.53 4" Meter 10.51 6" Meter 13.50 8" Meter 18.09 In addition to these minimum charges, rates per 100 cu- bic feet in excess of 200 cubic feet allowed under the minimum shall be as follows: For next For next For next All over 2,800 cu. ft. at .62 per 100 cu. ft. 27,000 cu. ft. at .55 per 100 cu. ft. 105,000 cu. ft. at .50 per 100 cu. ft. 135,000 cu. ft. at .45 per 100 cu. ft. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall be in force and effect on and after July 1, 1976. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 1976. No. 23025. AN ORDINANCE amending and reordaining Sec. 5. Amount of pensions, of Chapter 2, of Title III. Pensions and Retirement, of the Code of the City of Roanoke, 1956, as amended; providing for an increase in the annual pension for years of service in excess of twenty-five years for retired City employees receiving benefits under the Police and Fire Pension System; and providing for an emergency. 453 WHEREAS, the Board of Trustees of the Employees' Retirement System in a June 15, 1976 report to this Council recommended that retirees of the City receiving retirement benefits under the Police and Fire Pension System be given a $15.00 per month increase for each year of service in excess of twenty-five years and that said monthly increase, when combined with an increase for years of service in excess of twenty-nine years, as set forth in Sec. 5 of Chapter 2, of Title III. Pensions and Retirement, of the City Code, shall not exceed $100.00 per month. 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. 5. Amount of pensions, of Chapter 2, Police and Fire Pensions Prior to January 1, 1946, of Title III. Pensions and Retirement, be amended and reordained to read and provide as follows: Sec. 5. Amount of pensions. Every person placed on the "pension list" as provided for in section 1 of this chapter shall be entitled to receive an annual pension equal to two percent of his average annual compensation computed for five years last past, multiplied by the number of years such person has been in the service of the city (including all service rendered the city other than as a member of the police or fire department) so long as he shall remain on the "Pension list" herein provided for; provided, however, that after July 1, 1972, for pensioners having twenty-nine years of service to the city, or less, no pension shall be less than one hundred fifty dollars per month, and no such pen- sioner shall receive a pension of more than two hundred dollars per month; and provided, further, that each pensioner having more than twenty-nine years of service to the city shall receive, in addition to the pension provided for above, the additional sum of fifteen dollars per month for each year of service rendered prior to February 1, 1970, to the city in excess of twenty-nine years; provided, further, that no such last-mentioned pensioner shall receive a total pension in excess of three hundred dollars per month. Effective July 1, 1976, the said annual pension shall be increased by fifteen dollars per month for each year of service in excess of twenty-five years; provided, however, that this increase combined with the increase for pensioners with more than twenty-nine years of service, as set forth in the preceding paragraph of this section, shall not exceed one hundred dollars ($100.00) per month. 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 454 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 1976. No. 23026. AN ORDINANCE expressing the City's consent to the request for approval of certain organizational changes relating to Roanoke Valley Cablevision, Inc., franchisee under Ordinance No. 22025, adopted January 20, 1975; and providing for an emergency. WHEREAS, by Ordinance No. 22025, adopted January 20, 1975, the City granted a certain franchise to Roanoke Valley Cablevision, Inc., to construct and operate a cable television system in the City of Roanoke upon certain terms and conditions; and WHEREAS, the City is in receipt of a written request made under date of May 26, 1976, from Roanoke Valley Cablevision, Inc., seeking approval of certain organizational changes relating to Roanoke Valley Cablevision, Inc., and the construction and operation of the aforesaid cable television system in the City of Roanoke, the original of which request, setting out in detail such changes sought to be approved, is on file in the Office of the City Clerk; and WHEREAS, pursuant to Section 21 of the aforesaid franchise ordinance, the franchisee has requested the City's consent to the aforesaid organizational changes relating to Roanoke Valley Cablevision, Inc., and the construction and operation of the aforesaid cable television system in the City, and the Council's Regional CATV Committee has recommended the granting of such consent, in which recommendation Council concurs; and 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 the Council doth hereby consent, on behalf of the City, to the organizational changes relating to Roanoke Valley Cablevision, Inc., and the construction and operation of a cable television system in the City of Roanoke, as fully set out in letter request of Roanoke Valley Cablevision, Inc., dated May 26, 1976, on file in the Office of the City Clerk; the consent herein given to be conditioned however, upon the agreement of Roanoke Valley Cablevision, Inc., and Roanoke Valley Cablevision Limited, a partnership, to be and remain bound by all and singular the terms~.provisions and conditions enjoined upon the franchisee by Ordinance No. 22025, such agreement to be evidenced by the execution of this ordinance by Roanoke Valley Cablevision, Inc., and Roanoke Valley Cablevision Limited, a partnership, by a general partner. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its full execution as herein required. 455 EXECUTED and ACCEPTED by the undersigned this · 1976: day of Attest: ROANOKE VALLEY CABLEVISION, INC. By Executive Vice President Attest: ROANOKE VALLEY CABLEVISION LIMITED Cox Cablevision Corporation, General Partner By. STATE OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that and Executive Vice President and , of Roanoke Valley Cablevision, Inc., whose names are signed to the foregoing writing bearing date the day of , 1976, have this date personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this __ day of , 1976. My Commission expires: Notary Public STATE OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that and and , res- pectively of Roanoke Valley Cablevision Limited (Cox Cablevision-- Corporation· General Partner) whose names are signed to the fore- going writing bearing date the day of , 1976, have this date personally appeared before me in my City and State afore- said and acknowledged the same. GIVEN under my hand this day of , 1976. My Commission expires: ATTEST: City Clerk APPROVED Notary Public ayor 456 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 1976. No. 23027. AN ORDINANCE to amend and reordain Section #897, "Terminal Leave," 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 #897, "Terminal Leave," of the 1975-76 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TERMINAL LEAVE #897 Salary and Wage Adjustment (1) .............. $79,000.00 (1) Net increase- $35,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1976. No. 23029. AN ORDINANCE to amend and reordain Sec. 1. Rate of tax on realty and personalty., of Chapter 1. Current Taxes., Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended; providing for an exemption from taxation as tangible personal property the household goods and personal effects as defined as separate items of taxation and classified in Section 58-829.1 of the 1950 Code of Virginia, as amended, providing the time at and after which the aforesaid tax rates shall be effective; and providing for an emergency. WHEREAS, in order to provide revenue for the purposes hereinafter mentioned, it is necessary to impose and levy an annual tax on realty and personal~ taxable by the City, at the rates hereinafter provided and, in so doing, the Council deems it proper to make provision for the exemption of certain household goods and personal effects as are hereinafter mentioned; and WHEREAS, considering the revenue necessary to be raised for the purposes of the City and the manner in which it should be raised and which is expedient, the Council deems it necessary to increase the rate of tax on real estate and personalty heretofore'provided by ordinance of the Council; and prior to ordering such increase in rate the Council has caused to be published as provided by Section 58-846.1 of said Code of Virginia, notice of such proposed increase and at a public hearing held before the Council, after such notice, has given opportunity to the citizens of the locality to appear before it and be heard by the Council on the subject of such increase; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist so that the rates of tax provided in this ordinance shall take effect at the time hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 1., Chapter 1, Title VI. Taxation., of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained to read and provide as follows: Sec. 1. Rate of tax on realty and ~ersonalt~. Pursuant to section 2, subsection (1), and section 47 of the Roanoke Charter of 1952, as amended, and pursuant to the provisions of the general law, and in order to provide revenue for the operation and administration of the city government, the payment of principal and interest upon the city debt, the operation of the public schools, the support of the public library, and for other municipal expenses and purposes, there is hereby imposed and levied and shall be collected for the 1977 tax year commencing January 1, 1977, and annually thereafter until otherwise provided, a tax to be assessed on the following classifications of property at the following rates on every one hundred dollars of the fair market value of such property, namely: (a) Upon all real estate and improvements thereon not expressly exempt from taxation and not the property of a public service corporation, at the rate of $1.64 on every one hundred dollars of fair market value of such property. (b) Upon all real estate and tangible personal property of public service corporat±ons assessed for taxation by the State Corporation Commission and in the process of equalization of assessment by said Commission, at the rate of $4.10 on every one hundred dollars of such assessed value. (c) Upon all real estate and tangible personal property of public service corporations assessed by the State Corporation Commission at 100% of fair market value and not in process of equalization by said Commission, at the rate of $1.64 on every one hundred dollars of such assessed value. (d) A tax at the rate of $4.10 on every one hundred dollars of fair market value of the following classifi- cations of tangible personal property, to-wit: (1) Upon all tangible personal property classified in section 58-829 of the 1950 Code of Virginia, as amended, except such household goods and personal effects as are hereinafter provided to be exempt from taxation; (2) Upon all boats and watercraft classified by section 58-892.2 of the 1950 Code of Virginia, as amended; (3) Upon all vehicles without motive power classified in section 58.829.3 of the 1950 Code of Virginia; as amended; (4) Upon all machinery and tools used in manu- facturing and mining businesses, as classified in section 58-412 of the 1950 Code of Virginia, as amended; (5) Upon all personal property; tangible in fact, used or employed in all trades and businesses taxable on capital by the Commonwealth under chapter 8, title 58, of the 1950 Code of Virginia, as amended, other than manufacturing and mining businesses and except for inventory of stock on hand which is held for resale, as provided in section 58-412 of said Code, as amended; 457 458 (6) Upon all tangible personal property of public service corporations, except rolling stock of corpora- tions operating railroads by steam, as provided in section 58-9 of the 1950 Code of Virginia, as amended; (.7) Upon all tangible personal property leased to any agency of the federal government, as provided in section 58-831.1 of the 1950 Code of Virginia, as amended; (8) Upon all tangible personal property leased from any agency of the federal government, as provided in section 58-831.2 of the 1950 Code of Virginia, as amended; and (9) Upon all other taxable tangible personal property in the city segregated for local taxation by section 58-9 of the 1950 Code of Virginia, except such household goods and personal effects as are defined and classified in section 58-829.1 of said Code of Virginia. The classes of household goods and personal effects defined and classified in subparagraphs (1), (2), (3), (4), (5), C6], ~7] and C8) of section 58-829.1 of the 1950 Code of Virginia, as amended, when owned and used by an individual or by a family or household incident to maintaining an abode, shall be exempt from the tax levied and imposed in this section. BE IT FURTHER ORDAINED that the rates of tax herein provided and imposed shall be in force and effect on and after January 1, 1977; and that an emergency exists and that, otherwise, this ordinance be effective upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1976. No. 23030. AN ORDINANCE amending a~.~e~a~n~h~g Sec. 2.1 of Chapter 3. Utility service tax., of Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, by fixing a limit of $10,000 per month tax per utility service on any utility service taxable under Sec. 2. of said chapter and Title, for the period commencing January 1, 1976, and ending June 30, 1976, and limiting, after July 1, 1976, to $2,000 per month any single tax imposed by section 2 of Chapter 3. Title VI, of the Code of the City of Roanoke, 1956, as amended, upon purchasers of gas or electric utility services; and providing for an emergency. WHEREAS, considering the adoption of a balanced budget for the City of Roanoke for said City's operation in Fiscal Year 1976-77, it has been concluded by the Council that the limitation to $1,000 per month of any single tax imposed by Sec. 2. of Chapter 3, Title VI., of the Code of the City of Roanoke, 1956, as amended, as provided in Ordinance No. 22721, needs be increased to a limitation of $2,000 per month for any single tax imposed by said Sec. 2, in order to provide necessary revenues to the City; 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 on and after July 1, 1976. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 2.1, of Chapter 3. Utility service tax., of Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, be and sa~d section is hereby amended and reordained, to read and provide as follows: Sec. 2.1. Limitation of single utility tax; maximum tax on single utility service. Notwithstanding the provisions of section 2, supra, of this chapter, or of other provisions of this chapter relating to the stating, collecting and reporting of the tax imposed and levied by sec- tion 2 of this chapter, the tax imposed on the pur- chaser of a utility service during the period commenc- ing January 1, 1976, and ending June 30, 1976, shall not in any one month exceed a tax of $10,000.00 on any one such utility service. Furthermore, and with respect to each utility service purchased on and after July 1, 1976, the amount of any single tax imposed upon the purchaser thereof shall be limited to a maximum of $2000 per month, applied to each separate meter or location of the purchaser. BE IT FURTHER ORDAINED than an emergency exists and that this ordinance shall be in force and effect on and after July 1, 1976. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1976. No. 23031. A RESOLUTION repealing Resolution No. 22600 heretofore adopted by the Council of the City of Roanoke on December 15, 1975, which said resolution stated an intent of the Council that the rate of tax on purchasers of utility services as defined in Chapter 3, Title VI of the Code of the City of Roanoke, 1956, as amended, be reduced in certain increments provided in said resolution. WHEREAS, considering the adoption of a balanced budget for the City of Roanoke for the City's operations in Fiscal Year 1976-1977, it has been concluded by the Council that the rate of tax imposed on purchasers of utility service as defined and provided in Chapter 3, Title VI of the Code of the City of Roanoke, 1956, as amended, should not be reduced commencing as of July 1, 1976, and annually, in certain increments, thereafter, as was stated to be and was the intent of the Council upon its adoption of Resolution No. 22600 on December 15, 1975; and that the rate of said tax should remain at 20%. 459 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Resolution No. 22600, heretofore adopted on December 15, 1975, stating the then present intent of the City Council that the rate of tax provided in Chapter 3. Utility service tax, of Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, on purchasers of utility services as defined in said chapter, be hereafter and commencing as of July 1, 1976, annually, over a four-year period, reduced in 2 1/2% increments from 20% to 10% of the charge made by the seller of such utility services, be and Resolution No. 22600 is hereby REPEALED. BE IT FURTHER RESOLVED that the City Clerk do cause to be published in a newspaper of general circulation in the City within ten (10) days from this date an attested copy of this resolution. ATTEST: ~~ City Clerk APPROVED Mayor// IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1976. No. 23032. AN ORDINANCE amending and reordaining Chapter 1. Current taxes, Title VI. Taxation, of the'Code of the City of Roanoke, 1956, as amended, by the addition of a new section to be numbered and entitled Sec. 1.1, Service charge on certain real property of the commonwealth - Assessment and collection thereof; imposing a service charge on certain real estate owned by the Commonwealth of Virginia within the City which is exempt from taxation under general law; providin¢ for the assessment and collection of such service charge; and providing for an emergency. WHEREAS, Section 58-16.2 of the 1950 Code of Virginia, as amended, authorizes a local governing body to impose and collect a service charge upon certain real property within its jurisdiction otherwise exempt from taxation pursuant to Section 58-12, et seq, of the 1950 Code of Virginia, as amended; and WHEREAS, the Council has determined that it is proper and necessary, pursuant to the authority granted by Section 58-16.2, aforesaid, to impose a service charge on State owned property within the territorial jurisdiction of the City of Roanoke in the manner permitted by and subject to the limitations contained in said statute; 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 Chapter 1. Current taxes, of Title VI. Taxation, of the Code of the City of Roanoke 1956, as amended, be and hereby is amended and reordained by the addition of a new section to be numbered and entitled Sec. 1.1. Service charge on certain real property of the commonwealth - Assessment and collection thereof, to read and provide as follows: Sec. 1.1 Service charge on certain real property of the commonwealth - Assessment and collection thereof. From and after the 31st day of December, 1976, pur- suant to the provisions of Section 58-16.2 of the 1950 Code of Virginia, as amended, and the Charter of the City of Roanoke, there is imposed and directed to be collected for the city a service charge from the Commonwealth of Virginia as owner of real estate within the City of Roanoke, which real estate is exempted from taxation under Section 58-12 (1) of the 1950 Code of Virginia, as amended. Such service charge shall be assessed annually by the Commissioner of Revenue of the City, based on the assessed value of the real estate and the amount which the City shall have expended in the year preceding the year such charge is assessed for the purpose of furnishing police and fire protection and for the collection and disposal of refuse, excluding any amount received from federal or State grants specifically designated for such purposes. The expenditures for services not provided for certain real estate shall not be applicable to the calculations of the service charge for such real estate, nor shall such expenditures be applicable when a service is currently funded by another service charge. The service charge shall not be applicable to public roadways or property held for future construction of such roadways. The service charge, the rate of which shall not exceed twenty per centum of the real estate tax rate, shall be fixed by dividing the said expenditures by the assessed fair market value of all of the real estate within the City, except real estate owned by the United States government or any of its instrumentalities, expressed in hundred dollars, including nontaxable property, provided there shall first be listed and published by the Commissioner of the Revenue of the City, in the landbooks, in the same manner as taxable real estate, all exempt real estate within the City. In the valuation of exempt real estate for purposes of this section, artistic and historical significance shall not be taken into account. Any person, including the Commonwealth, aggrieved Dy the assessment or the valuation of real estate for purposes of this section may apply to the Commissioner of Revenue of the City for correction thereof. If the Commissioner finds that the assessment or valuation is erroneous, he shall correct the same. Any such person aggrieved by the decision of the Commissioner may appeal to the court of record of the City, as provided in Section 58-1145, of the 1950 Code of Virginia, as amended. The service charge hereby imposed shall be billed by and payable to and collected by the Treasurer of the City of Roanoke no less frequently than quarterly or on or before April 5, June 5, September 5, and December 5, of each year. 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 462 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1976. No. 23028. A RESOLUTION accepting a bid to purchase $22,315,000 aggregate principal amount of general obligation bonds of the City of Roanoke, Virginia; fixing the rates of interest to be borne by said bonds; approving an official statement relating to said bonds; authorizing the execution of a certificate relating to said official statement; and ratifying certain acts. WHEREAS, by Resolution No. 22957, adopted by this Council on June 1, 1976, the City Clerk was directed to advertise the sale of $22,315,000 aggregate principal amount of bonds (the "Bonds") of the City of Roanoke (the "City"), consisting of (a) $5,500,000 General Obligation Parking Facility Bonds authorized to be issued by Ordinance Nos. 21044 and 22391, adopted by this Council on August 6, 1973, and July 28, 1975, respectively, (b) $6,000,000 General Obligation Jail Bonds authorized to be issued by Ordinance No. 22690, adopted by this Council on February 9, 1976, and (c) $10,815,000 General Obligation Public School Bonds authorized to be issued by Ordinance No. 22768, adopted by this Council on March 15, 1976; and WHEREAS, pursuant to said ~esolution No. 22957 the City Clerk caused to be published on June 16, 1976, in The Roanoke Times and, additionally, on June 11, 1976, in The World-News, both said newspapers being published in the City, and in The Daily Bond Buyer, published in the City of New York, New York, a Notice of Sale relating to the Bonds, which Notice of Sale provided that sealed proposals for the purchase of the Bonds would be publicly opened before the Mayor and members of this Council at twelve o'clock Noon, Virginia time, on June 23, 1976; and WHEREAS, pursuant to said Notice of Sale the following proposals for the purchase of the Bonds were received, each accompanied by a certified or cashier's check for $446,300 payable to the City: Name of Bidder First National Exchange Bank and Associates Bache Halsey Stuart Inc. and Associates Citibank, N.A., Craige, Mason-Hagan, Joint Managers Salomon Brothers & Associates The Chase Manhattan Bank, N.A. and Associates Premium Offered $ 6,562.75 NONE NONE $ 5,052.00 $ 200.00 Net Interest Cost $13,164,494.75 $13,091,700.00 $13,149,872.50 $13,231,233.00 $13,091,692.50 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 463 1. After due consideration of all of the proposals listed above, this Council hereby finds and determines that (a) The Chase Manhattan Bank, N.A. and Associates (the "Purchaser") is a responsible bidder, (b) of the proposals received for the purchase of the Bonds the proposal of the Purchaser is the offer to purchase the Bonds at the lowest interest cost to the City, computed in accordance with the aforesaid Notice of Sale, (c) said proposal is the best proposal received for the purchase of the Bonds, (d) said proposal is in con- formity with the aforesaid Notice of Sale and (e) said proposal should be accepted. 2. The proposal of the Purchaser to purchase the Bonds, the Bonds to bear interest at the rates set forth in paragraph 3 hereof, at the price of par ($22,315,000) plus a premium of $200.00 and accrued interest from the date of the bonds to the date of their delivery to the Purchaser, shall be and hereby is accepted, and all other proposals received as aforesaid for the purchase of the Bonds shall be and hereby are rejected. 3. The Bonds shall be dated August 1, 1976, and shall be in coupon form of the denomination of $5,000 each. Said Parking Facility Bonds shall be designated Series "A-6" and shall mature on August 1 in the years and amounts set forth in the table below, said Jail Bonds shall be designated Series "A- 7" and shall mature on August 1 in the years and amounts set forth in the table below, and said Public School Bonds shall be designated Series "A-8" and shall mature on August 1 in the years and amounts set forth in the table below. The Bonds maturing in each year shall bear interest payable semi-annually on February 1 and August 1 commencing February 1, 1977, at the rate per annum set forth opposite such year to-wit: Principal Amount Year of Parking Public Maturity Facility Jail School Interest (Aug. 1) Bonds Bonds Bonds Total Rate 1977 $275,000 $300,000 $540,000 $1,115,000 6.50 % 1978 275,000 300,000 540,000 1,115,000 6.50 1979 275,000 300,000 540,000 1,115,000 6.50 1980 275,000 300,000 540,000 1,115,000 6.50 1981 275,000 300,000 540,000 1,115,000 6.50 1982 275,000 300,000 540,000 1,115,000 6.50 1983 275,000 300,000 540,000 1,115,000~ 6.50 1984 275,000 300,000 540,000 1,115,000 6.50 1985 275,000 300,000 540,000 1,115,000 5.75 1986 275,000 300,000 540,000 1,115,000 5.10 1987 275,000 300,000 540,000 1,115,000 5.25 1988 275,000 300,000 540,000 1,115,000 5.40 1989 275,000 300,000 540,000 1,115,000 5.50 1990 275,000 300,000 540,000 1,115,000 5.60 1991 275,000 300,000 540,000 1,115,000 5.75 1992 275,000 300,000 540,000 1,115,000 5.75 1993 275,000 300,000 540,000 1,115,000 6.00 1994 275,000 300,000 540,000 1,115,000 6.00 1995 275,000 300,000 540,000 1,115,000 4.50 1996 275,000 300,000 555,000 1,130,000 4.50 Principal of and interest on the Bonds shall be payable in lawful money of the United States of America at the principal office of United Virginia Bank in Richmond, Virginia, or, at the option of the holder, at the principal office of Citibank, N. A., in New York, New York. 464 4. Ail action taken to date by the officers, employees, agents and attorneys of the City with respect to the sale of the Bonds, including the action of the City Clerk in causing to be published the Notice of Sale of the Bonds as aforesaid, and the action of the Director of Finance in causing to be distribute~ copies of an Official Statement relating to the Bonds, including the Notice of Sale of the Bonds contained therein and a form of Proposal for Bonds attached thereto, in the respective forms thereof presented at and hereby ordered filed with the minutes of this meeting, and the form and contents of said Notice of Sale and of such Official Statement and of such Proposal for Bonds, be'and they hereby are approved, ratified and confirmed. 5. The good faith check accompanying the proposal of the Purchaser to purchase the Bonds shall be deposited by the City Treasurer and the proceeds thereof applied in accordance with the terms of the aforesaid Notice of Sale, and the good faith checks accompanying the other proposals received as aforesaid for the purchase of the Bonds shall be forthwith returned. 6. The Director of Finance is hereby authorized to execute for and on behalf of the City, and to deliver, copies of the aforesaid Official Statement. The City Manager, Director of Finance and City Treasurer are hereby authorized to execute for and on behalf of the City, and to deliver, a certificate to the effect that the descriptions and statements, including financial statements, of or pertaining to the City contained in the aforesaid Official Statement, on the date of sale of the Bonds and on the date of delivery of the Bonds to the initial purchasers thereof, were and are true and correct in all material respects and did not and do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and that insofar as the descriptions and statements including financial data, contained in said Official Statement of or pertaining to non-governmental bodies and their activities are concerned, such descriptions, statements and data have been obtained from sources believed by the City to be reliable and the City has no reason to believe that they are untrue or incomplet in any material respect. 7. The City Clerk shall and is hereby directed to certify and file a copy of this resolution with the Circuit Court of the City of Roanoke, Virginia, and to cause publication of a copy hereof in a newspaper published in the City to be made within ten (10) days from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1976. No. 23033. AN ORDINANCE increasing and fixing certain fees, charges and miscellaneou: user charges established for the towing and storage of vehicles, dog impoundments, taxi driver permits, private detective licenses, zoning review, subdivision of land, building and construction inspections, motion picture examinations and electrical, plumbing, building, sign and heating permits, and other fees and charges; amending certain sections, chapters and provisions of the Code of the City of Roanoke, 1956, as amended, relating to the aforesaid; and providing for an emergency. WHEREAS, in order to provide necessary revenue for the purposes of the City, it is deemed necessary by the Council to increase the fees, charges and miscellaneous user charges hereinafter set out and, in so doing, to amend and reordain certain sections, chapters and provisions of the Code of the City of Roanoke, 1956, as amended, to provide for the same; and WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist and that this ordinance should take effect on July 1, 1976. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following sections, chapters and provisions of the Code of the City of Roanoke, 1956, as amended, be further amended and reordained to provide as follows: 1. That subparagraph (a). Sec. 157, Chapter 1, Title XVIII, of the Code of the City of Roanoke, 1956, as amended, fixing charges for the storage and towing of certain vehicles, be and said subparagragh is hereby amended and reordained to read and provide as follows: Sec. 157. Same - Manner of redeeming impounded vehicles; costs. (a) Subject to the provisions contained in subsection b. of this section, before the owner or person entitled to the possession of such impounded vehicle or other object as provided for in the preceding section, shall be permitted to remove the same from the custody of the police department wherever stored, he shall furnish evidence of his identity and right to possession of such vehicle or object, shall sign a receipt therefor, and shall pay said department a fee of $15.00 if the vehicle was towed between the hours of 6:00 A.M. and 6:00 P.M., and $20.00 if the vehicle was towed between the hours of 6:00 P.M. and 6:00 A.M. and, if a dolley was used in such towing, an additional fee of $5.00, to cover the cost of removal and the storage thereof for any period not exceeding twenty-four hours. When such owner, or person in possession of such vehicle or object shall allow the same to remain in storage in excess of twenty- four hours, he shall pay the operator of such approved place of storage, or to the City should the same have been stored on city-owned property, a charge of $2.50 per day for additional time of storage. The costs of such towing and storage shall constitute a lien on the vehicle or other object so towed or impounded, and the City and/or the operator of such approved place of storage are authorized to retain possession of such vehicle or other object until such charges are paid. 465 466 2. That subparagraphs (a) and (b) of Sec. 15. Disposition of Impounded Do~s., of Chapter 2. Do~s., Title XXI. Animals, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained, to read and provide as follows: Sec. 15. Disposition of impounded do~s. (a) If the owner of such dog be known and such owner appear within five (5) days and claim the same, and establish to the satisfaction of the warden that such dog has been vaccinated as required by this chapter, it shall be delivered to such owner upon proof of payment of any required license tax on such dog, payment to the City of the expense of impounding and keeping said dog at the rate of $3.00 for the first day of impoundment; the rate of $2.00 per day for each additional day of impoundment; and payment of any fine and costs assessed against such owner; or (b) If the owner of such dog be unknown to the warden and no person claim said dog, as owner, within five (5) days, the warden may deliver such dog to any person or agency in the City who will insure the vaccination of such dog, if required, and pay any required license tax on such dog and will pay to the City the expense of impounding and keeping said dog at the rate set out in subparagraph (a) next preceding, with the understanding, however, that should the legal owner, thereafter, claim the dog and prove his ownership, he may recover such dog by paying to the person to whom it was delivered by the warden the amount of all charges paid by such person under this section together with a reasonable charge for the keep of the dog while in his possession. 3. That sections 30 and 31 of Chapter 1, Title XIX, of the Code of the City of Roanoke, 1956, as amended, providing for the application for and for the form, duration and renewal of licenses issued for operation of taxicabs and other public vehicles, 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 otherwise bodily, mentally and morally fit to operate a public vehicle, the superintendent of police shall upon the payment of a fee of twenty-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 superintendent 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. 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 official 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 ten dollars payable to the City Treasurer. 467 4. That Sec. 9, Chapter 6, Title XX, of the Code of the City of Roanoke, 1956, as amended, providing for payment of certain fees for application for issuance and for renewal of permits required of private detectives and investigator: be amended and reordained to read and provide as follows: Sec. 9. Fees. There shall be paid to the city, through the office of the superintendent of police the following fees, prior to the issuance of any permit hereunder: (a) Upon application for the initial issuance of any permit hereunder, a fee of ....... $100.00 (b) Upon application for the issuance of any annual renewal permit hereunder, a fee of ..................................... $ 25.00 in order to partly defray the city's expense of investigation required hereunder to be made by the superintendent of police. 5. That Sec. 73.1, Chapter 4.1. Zoning, of Title XV. Construc- tion, etc., of the Code of the City of Roanoke, 1956, as amended, fixing fees payable for services and matters relating to classification and reclassification of zoning of land, to zoning permits, site plan reviews and to appeals, be amended and reordained, to read and provide as follows: 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 ....... 20.00 5.00 25.00 5.00 Amendments to the Zoning Map (1) Rezoning to RS, RD or AG District .... 25.00 (2) Rezoning to RG-1 or RG-2 ........ 150.00 + 10.00/acre (3) Rezoning to C- Commercial District . . . 300.00 + 10.00/acre (4). Rezoning to IDM, LM or HM District 200100 + 10.00/acre (b) The fees and charges here±nabove set out shall be collected.by: (1) (2) (3) Zoning Appeals ...... Secretary of Board of Zoning Appeals Zoning Permit, Site Plan Review and Certificate of Zoning Compliance. . . Office of Building Commissioner Amendments .......... Office of the City Clerk 6. That Sec. 41.1, Chapter 2.1, Title XVI., of the Code of the City of Roanoke, 1956, as amended, fixing fees to be charged and paid for review for approval of plats of proposed subdivisions of land, be amended and reordained, to read and provide as follows: Sec. 41.1. Same; amount and collection. The following fees shall be charged for the review for approval of all subdivision plats and shall be paid to the Planning Department upon the filing of application for such review and approval: Subdivision of 5 lots or less .... $10'00 Subdivision of more than 5 lots . . . $10.00 plus $10.00 per lot 7. That subparagraphs (4) and (5) of Sec. 7, Chapter 1, Title XVII, of the Code of the City of Roanoke, 1956, as amended, requiring application for permits to make openings in the streets of the City, be amended and reordained, to read and provide as follows: 468 Sec. 7. Permits to make openings; restoration of surface. (4) The city manager is hereby authorized and directed to prepare and to keep on hand suitable form for applications to be made and permits to be granted under the provisions of this section and to adopt and enforce suitable rules and regulations for determining the estimated cost of the restoration of any opening in any street, alley or public way. An inspection charge of $5.00 shall be paid by the applicant to the City of Roanoke. (5) In any unforeseen emergency, when the necessities of the public require, an opening may be made without a permit; provided, however, that in such cases a regular permit shall be obtained and the inspection charge provided above be paid as soon as possible after such opening has been made. 8. That sections 42 and 47 of Chapter 2, Title XIV, of the Code of the City of Roanoke, 1956, as amended, relating to the fees for issuance and renewal of licenses to operators of motion picture machines, be amended and reordained, to read and provide as follows: Sec. 42. Same - Initial fee; refund. The fee for the examination of an applicant for issuance of an initial motion picture machine operator's license under this article shall be ten dollars, which shall be payable to the City upon application for examination and shall not be refundable in any case. Sec. 47. Same - Renewal fee. The fee for the issuance of each motion picture machine operator's renewal license shall be five dollars per annum, said fee to be paid to the City upon application for issuance of such renewal license. 9. That Sec. 13, Chapter 2, Title XV, of the Code of the City of Roanoke, 1956, as amended, providing a schedule of fees to be charged and pa~d for inspections required for issuance of electrical permits, be 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 8.00 200.00 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 forty dollars plus two dollars for each additional 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- inqs and a supplemental permit shall be issued by the 469 10. That Section P-113.0, of the BOCA Basic Plumbing Code 1970 as set forth in Sec. 2. Amendments, 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 $ 200.00 8 inch connection $ 500.00 10 inch connection or larger $ 1,000.00 Septic tanks $ 10.00 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 3.00 each 2.00 each 1.50 each 10.00 each 3.00 each $ 2.00 each outlet $ 1.00 each outlet 11. That Sec. 118.8, of the Uniform Statewide Building Code of Virginia, Chapter 1.2, Title XV of the Code of the City of Roanoke, 1956, as amended by Ordinance No. 21762, providing for a schedule of fees for issuance of permits for new construction, alterations, moving of buildings, demolition of buildings or mechanical installations, be amended and reordained to read and provide as follows: Sec. 118.8. schedule of permit fees. The fee for issuance of a permit for new construc- tion, alterations, moving of buildings, demolition of buildings or mechanical installations shall be based on the valuation of the work, including all materials and all labor costs, and shall be as follows: 1. For a valuation up to and including $20,000, the fee shall be $6.00 per thousand or fraction thereof. 2. For a valuation over $20,000 up to and including $100,000, the fee shall be $120.00 for the first $20,000 plus $4.50 for each additional thousand or fraction thereof. 3. For a valuation over $100,000 up to and including $500,000, the fee shall be $480.00 for the first one hun- dred thousand plus $3.00 for each additional thousand or fraction thereof. 4. For a valuation over $500,000 up to and including $1,000,000, the fee shall be $1,680.00 for the first five hundred thousand plus $1.50 for each additional thousand or fraction thereof. 5. For a valuation over $1,000,000, the fee shall be $2,430 for the first one million plus 75 cents for each additional thousand or fraction thereof. 12. That Sec. 2., relating to liability insurance, and Sec. 6, in Chapte~ 7, Title XV, of the Code of the City of Roanoke, 1956, as amended, relating to fees required to be paid or provided by owners and persons erecting or maintaining signs, awnings, marquees, street clo~ks, street thermometers and similar structures be and said sections are amended and reordained, to read and provide as follows: Sec. 2. ~iability insurance. The city manager is hereby authorized and directed to contract for, acquire and maintain in effect a blanket public liability insurance policy, or policies, insuring the City against liability resulting from the erection, construction, existence, maintenance, inspection and removal of any sign, marquee, awning, street clock or street thermometer, hereafter referred to in this section as a sign, over any public space or any roof or penthouse, for the erection of which a 47O permit is required pursuant to the provisions of this chapter. Such policy or policies shall be of standard form of public liability insurance with some company or companies authorized by the State Corporation Commission to transact such business in the State and shall be limited to twenty-five thousand dollars for one person and fifty thousand dollars for two or more persons, together with property damage coverage of five thousand dollars for any one accident, such policy or policies to be payable to the city as its interest may appear and the form thereof to be approved by the city attorney. Every person applying for a permit to erect a sign over any public space or upon any roof or penthouse shall pay to the city at the office of the building commissioner a fee of ten dollars for each such permit, in order to.partly defray the expense of such liability insurance policy. The copy of the permit shall reflect that said sign is included within the coverage of said insurance policy only to the extent of the city's interest therein. Said fee shall be in addition to the permit fee required by Sec. 4 of this chapter. Likewise, each such person shall, annually and so long as such permit remains in effect, pay to the city at the office of the building commissioner the sum of ten dollars to be used by the city to partly defray the continued costs of such liability insurance and the receipt given therefor shall reflect that said sign is insured by said insurance policy only to the extent of the city's interest therein. Notwithstanding the foregoing requirements of this section, any person who, at his election, affords the city at least the protection provided for in the first paragraph of this section by causing said city to be insured under a liability insurance policy issued by an insurance company authorized to do business in this State shall not be required to contribute to the city's cost of maintaining the aforesaid blanket policy provided that a certificate of such insurance be filed with and approved by the building commissioner and said certificate and policy contain a provision binding upon the issuing company agreeing to give said building commissioner at least ten days' prior notice in writing of any cancellation or termination of such policy or of any intent so to do; and in the event of any such cancellation or termination of such policy, the city's permittee shall forthwith contribute to the costs of the city's aforesaid blanket insurance policy as hereinabove provided. Sec. 6. Same - Fees. The following fees shall be paid by or on behalf of the owner of each awning, marquee, sign, street clock and street thermometer for which a permit is required by this chapter: CLASSIFICATION Ground sign or Post Sign: 0 to 30 sq. ft 31 to 100 sq. ft. 101 to 300 sq. ft. 301 to 600 sq. ft. Over 600 sq. ft. $ 5.00 10.00 20.00 30.00 40.00 Roof Sign: $ 15.00 Wall Sign: Up to 6 sq. ft. in area $ Over 6 but not more than 150 sq. ft. in area Over 150 but not more than 300 sq. ft. in area Over 300 sq. ft. in area 5.00 10.00 15.00 20.00 Projecting Sign: (a) Shingle type, not over six (6) sq. ft. in area $ (b) Over six (6) but not exceeding sixty (60) sq. ft. in area Over sixty (60) sq. ft. in area 5.00 10.00 20.00 Awning: $ 10.00 Marquee Sign: $ 10.00 Street Clock and/or Street Thermometer $ 10.00 Insurance fee per annum (See: Sec. 2) $ 10.00 Small non-combustible wall signs not exceeding three (3) square feet in area and not over a public space that advertises a product or pro- ducts offered for sale on the permises where- at said sign is located (more commonly referred to as point of purchase signs) may be erected and maintained when a blanket fee per annum of is paid by a person who manufactures or dis- tributes the product, and a single blanket permit is issued each such person; provided, however, that only one such sign advertising the product of the permittee may be placed at a specific address or location. Signs erected under such permit may remain in place as long as the blanket permit is renewed from year to year and signs remain in a good condition and presentable appearance. No permit number need be attached to this type of sign. $100.00 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 23rd day of June, 1976. No. 23034. AN ORDINANCE repealing Chapter 16. Directorate of Civic Enrichment., 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 civic enrichment, in the administrative service of the City and provisions made for appointment of a director of civic enrichment, all as provided in Chapter 16, 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. THEREFORE,~.BE IT ORDAINED by the Council of the City of Roanoke that Chapter 16. Directorate of Civic Enrichment., 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. ATTEST: City Clerk APPROVED Mayor 47_1. 472 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1976. No. 23035. AN ORDINANCE temporarily staying until further action by ordinance of the Council certain provisions contained in Sec. il. of Chapter 13, Title II. Administration, of the Code of the City of Roanoke, 1956, as amended, which heretofore provided for regular incremental increases in the compensation provided for employees in the classified service of the City, and as set out in the City's pay plan; and providing for an emergency. WHEREAS, upon the City Council's consideration and adoption of a balanced budget for the City's operation for Fiscal Year 1976-1977, the City Council has determined it necessary to order and direct that from July 1; 1976, and until authorized by further ordinance of the Council those provisions contained in the section of the City Code hereinafter referred to and in the approved rules of procedure for implementing .regular incremental increases in the compensati¢ to be paid the classified employees of the City be stayed; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that the provisions of this ordinance be in force and effect from and after July 1, 1976. THEREFORE, BE IT ORDAINED by the Council of the City of'Roanoke that, from July 1, 1976, and until further authorized by ordinance of the City Council those provisions which are contained in Sec. 11. Pay Plan., Chapter 13. Personnel., in Title II. Administration of the Code of the City of Roanoke, 1956, as amended, and contained in the rules and regulations heretofore approved for implementing those provisions of said section which provide for regular incremental increases in the compensation established by the City's pay plan for said City's classified employees be and the provisions in said section and said rules are hereby ordered STAYED. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance be in force and effect from and after July 1, 1976, and until otherwise ordered by ordinance of the City Council. APPROVED ATTEST: City Clerk Mayor 473 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1976. No. 23036. A RESOLUTION limiting, until further order of the Council, the number of permanent classified employees of the City. WHEREAS, in considering and adopting 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 herein mentioned should be ordered. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, nothwithstanding other provisions which may be contained in the City's pay plan or 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 1655 persons the number of permanent classified employees of the City who are to be compensated 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 23rd day of June, 1976. No. 23037. AN ORDINANCE making appropriations from the General Fund of the City of Roanoke for the fiscal year beginning July 1, 1976, and ending June 30, 1977; and declaring the existence of an emergency. WHEREAS, it is necessary for the usual daily operation of the Municipal Government that this Ordinance take effect upon the date~hereinafter set forth. THEREFORE, BE IT ORDAINED by 'the Council of the City of Roanoke that all money that shall be paid into the City Treasury for the General Fund in the fiscal year beginning July 1, 1976, and ending June 30, 1977, shall constitute a General Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: 474 Council - 0101 Personal Services Other Services and Charges Utilities and Communications Travel and Education Materials and Supplies Contingencies Capital Outlay 36,600.98 16,000.00 500.00 6,000.00 3,000.00 .00 1,500.00 Total Council $ 63,600.98 (1) Recording and Transcribing machine for the Mayor's office City Clerk - 0102 Personal Services Other Services and Charges Utilitiesand Communications Maintenance Materials and Supplies Capital Outlay 49,367.00 5,580.00 800.00 650.00 11,000.00 564.00 Total City Clerk 67,961.00 (1) Ail Steel legal size file cabinet, gray, with lock, No. 5402-L (2) Journal and Ordinance metal book cabinet, with door, 8 roller shelves, %3250 as made by Watson with following dimensions: outside: 41 7/8" high; 23 5/16" wide; 28%" deep, inside: 3 3/4" draWer on compartment; 21 7/16" wide; 26 3/8" deep City Manager - 0201 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Allowances ~aterials an~ Supplies Contingencies Capital Outlay 97,550.0.0 1,350.00 2,500.00 1,900.00 525.00 3,240.00 3,000.00 700.00 .00 Total City Manager 110,765.00 City Attorney - 0301 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 87,821.00 2,000.00 2,000.00 1,054.00 800.00 3,000.00 .00 Total City Attorney 96,675.00 Director of Finance - 0401 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Supplies and Materials Capital Outlay 193,958.00 9,100.00 2,200.00 2,500.00 1,800.00 13,650.00 680.00 Total Director of Finance 223,888.00 (1) 2 - Chairs (2) 1 - Electronic Calculator Commissioner of Revenue - 0403 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Allowances Materials and Supplies Data Processing Capital Outlay 175,287.00 2,050.00 2,600.00 600.00 1,800.00 3,150.00 12,840.00 14,836.00 450.00 Total Commissioner of Revenue 213,613.00 (1) 1 - Monroe Electronic Printing Calculator - Model 1430 475 City Treasurer - 0405 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Data Processing Capital Outlay 161,958.92 1,070.00 2,140.00 600.00 3,210.00 24,396.00 2,551.00 1,123.00 Total City Treasurer (1) 2 - Full Board Adding Machines (2) 2 - Folding office utility tables - 36" by 72" (3) One electric typewriter Assessment of Real Estate - 0407 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 148,325.00 21,300.00 1,500.00 10,810.00 1,800.00 10,100.00 .00 Total Assessment of Real Estate City Collector - 0409 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Allowances Materials and Supplies Capital Outlay 160,588.00 500.00 2,650.00 300.00 2,700.00 682.00 28,500.00 4,200.00 Total City Collector (1) 1 - Table (2) 1 - Electric Typewriter (3) Cash Register Validation Machine Municipal Auditing - 0410 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Data Processing Capital Outlay 77,699.50 300.00 1,200.00 2,800.00 300.00 2,000.00 1,000.00 .00 Total Municipal Auditing Independent Auditing - 0412 Other Services and Charges 42,000.00 Total Independent Auditing Board of Equalization - Real Estate - 0605 Personal Services Other Services and Charges 1,200.00 7,000.00 Total Board of Equalization - Real Estate Board of Zoning A~eals - 061S Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Supplies and Materials 10,088.00 700.00 200.00 400.00 65.00 400.00 197,048.92 193,835.00 200,120.0U 85,299.50 42,000.00 8,200.00 Total Board of Zoning Appeals 11,853.00 Electoral Board - 0620 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 39,398.00 12,990.00 1,400.00 650.00 600.00 5,700.00 .00 Total Electoral Board $ 60,738.00 Circuit Court - 0701 Personal Services Other Services and Charges Utilities and Communications Maintenance Materials and Supplies Capital Outlay 110,664.00 20,150.00 1,250.00 250.00 1,635.00 .00 Total Circuit Court 133,949.00 ~ General District Court - 0703 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 193,365.20 7,000.00 3,000.00 .00 1,800.00 1,000.00 250.00 Total General District Court 206,415.20 (1) 1 -'4 drawer, 3 compartment file cabinet for civil papers Juvenile & Domestic Relations Court - 0705 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Data Processing' Transfers to Other Funds Capital Outlay 3QQ,QQ1.QQ 12,000.00 10,000.00 8,000.00 2,000.00 3,000.00 1,000.00 12,195.00 2,000.00 Total Juvenile & Domestic Relations Court 350,196.00 (1) Four (4), four drawer, legal size file cabinets, gray color, with locks (2) One (1) ten key electric adding machine (3) Two (2) cassette tape recorders Clerk of Circuit Court - 0707 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 191,270.04 22,500.00 2,400.00 274.60 2,961.00 27,250.00 1,085.00 Total Clerk of Circuit Court 247,740.64 (1) One Corry Jamestown File Cabinet - legal size with lock, 4 drawers (2) One Corry Jamestown File Cabinet ~ legal size with lock, 5 drawers (3) One Spacefinder Cabinet, letter s~ze, six compartment with trim line doors and gang lock (4) One Spacefinder cabinet, super legal size, with trim line doors and gang lock, 6 compartment Commonwealth Attorney - 0710 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 165,085.18 220.00 3,000.00 5,800.00 500.00 1,200.00 1,350.00 Total Commonwealth Attorney 177,155.18 (1) 1 - Electric typewriter (2) 3 - Desks (3) 3 - Chairs 477 Sheriff - 0714 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Transfers to Other Funds Capital Outlay 258,834.16 1,445.00 2,675.00 17,000.00 5,636.00 4,293.00 .00 .00 Total Sheriff $ 289,883.16 Jail - 0716 Personal Services Other Services and Charges Utilities and Communications Maintenance Materials and Supplies Capital Outlay 284,907.34 13,000.00 6,000.00 500.00 120,000.00 500.00 Total Jail 424,907.34 (1) 4 - desk chairs (2) Rotating toaster Juvenile Probation House - 0720 Personal Services Other Services Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 55,780.00 2,380.00 2,000.00 2,100.00 .00 12,750.00 1,900.00 Total juVenile Probation House (1) One (1) electric range, four burner, double oven (2) One heavy duty living room suite consisting of a sofa and three side chairs 76,910.00 Regional Intake Office - 0722 Personal Services Travel and Education .00 .00 Total Regional Intake Office .00 Utilities and Operations - 1201 Personal Services Other Services and Charges Utilities and Communications Travel and Education Materials and Supplies Capital Outlay 34,420.00 200.00 650.00 400.00 500.00 .00 Total Utilities and Operations 36,170.00 Market - 1266 Utilities and Communications Maintenance Materials and Supplies Interfund Services 22,000.00 100.00 500.00 5,100.00 Total Market 27,700.00 Refuse Collection - 1269 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 1,073,881.00 110,000.00 6,420.00 300.00 2,000.00 95,000.00 239,500.00 Total Refuse Collection 1,527,101.00 (1) 4 - Cab & Chassis complete with factory air and with 43,000 lb. GVW rating pulling tandem. Automatic transmission, diesel engine with 20 cu. yd. high compaction refuse body (2) 1 - 24 cu. yd. Dumpmaster as per specs. (10,000 lb. arms complete with cab & chassis which will include automatic transmission, factory air and diesel motor) 478 Director of Safety and Security - 1301 Personal Services Other Services and Charges Utilities and Communications Travel and Education Allowances Materials and Supplies Capital Outlay 46,381.00 1,000.00 1,000.00 700.00 864.00 2,300.00 100.00 Total Director of Safety and Security $ 52,345.00 (1) One (1) 2-drawer, 26" deep file cabinet, with lock ~. 46, Caldwell-Sites, %AC2622CL, or equivalent) Police - 1345 Personal Services Other Services and Charges Utilities and Communications Travel and Education High Incidence Target Grant Maintenance Materials and Supplies Capital Outlay 2,593,016.00 34,514.81 19,700.00 3,634.52 .00 5,585.81 167,671.21 87,970.60 Total Police 2,912,092.95 (1) Three (3) correspondence file cabinets (2) Three executive desks (3) Three (3) legal sized file cabinets (4) One (1) 446 card file (5) One index file (6) 1977 4-door sedan marked police car with visebar (7) 1977 4-door sedan marked police car with visebar (8) 1977 4-door sedan marked police car with visebar (9) 1977 4-door sedan marked police car with visebar (10) 1977 4-door sedan marked police car with visebar (11) 1977 4-door sedan mar~ea poi~ce car wit~ v~sebar (12) 1977 4-door sedan marked police car with visebar (13) 1977 4-door sedan marked police car with visebar (14) 1977 4-door sedan marked police car with visebar (15) 1977 4-door sedan marked police car with visebar (16) 1977 4-door sedan marked police car with visebar (17) 1977 4-door sedan marked police car with visebar (18) 1977 4-door sedan unmarked police car with siren (19) 1977 4door sedan unmarked police car with siren (20) 1977 Harley-Davidson police motorcycle (21) 1977 Harley-Davidson police motorcycle (22) 1977 Harley-Davidson police motorcycle (23) One (1) Brumberger, 547" contact printer (24) One (1) Polaroid camera (25) One (1) Braun flash unit Fire - 1347 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Allowances Materials and Supplies Capital Outlay 2,761,674.00 35,550.00 55,000.00 3,000.00 9,000.00 6,120.00 63,000.00 120,653.00 Total Fire 3,053,997.00 (1) 1 - Pumping Engine, 1500 G.P.M. (2) 2,500 ft., Double Jacket Fire Hose (3) 5 - Fire Stream Nozzles (4) 26 Scott Air Cylinders, 30 minute, for breathing apparatus (5) 200 Gallons - Aqueous Film Forming Foam (6) 6 - Large Quantity Solid Stream Playpipe Nozzle (7) 6 - 2% Inch Hose controllers (8) 1 - 1,000 Gallon Per Minute Portable Hydrant (9) 18 - Emergency Light Units, fully automatic (10) 17 - Hose Carriers (11) 10 - Gate Valves, 2%" (12) 600 fti Double Jacket Fire Hose, .1 3/4" (13) 1,650 ft. Double Jacket Fire Hose, 1 1/2" (14) 82 sets fire hose couplings, national standard threads, 2¼ inches, w/ expansion rings and gaskets Emergency Services - 1351 Personal Services Materials and Supplies Capital Outlay 24,349.00 15,600.00 2,000.00 Total Emergency Services (1) 1 - Two-way Base Station Radio System Civic Enrichment - 1401 41,949.00 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Allowances Materials and Supplies Capital Outlay .00 .00 .00 .00 .00 .00 .00 .00 Total Civic Enrichment .00 Armory - 1450 Utilities and Communications Materials and Supplies Capital Outlay 11,100.00 .00 .00 Total Armory Parks and Recreation - 1475 11,100.00 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Allowances Materials and Supplies Capital Outlay 297,911.00 3,800.00 50,000.00 700.00 3,000.00 3,960.00 33,000.00 12,350.00 Total Parks and Recreation 404,721.00 (1) Playground equipment for the physically handicapped (2) Playground equipment - swings, slides, whirls, animals, climbing apparatus (3) 65 Picnic tables, 6 ft. long (4) 15 Picnic ovens Stadium and Athletic Field - 1476 Personal Services Other Services and Charges Utilities and Communications Materials and Supplies Capital Outlay 2,500.00 850.00 29,000.00 2,000.00 3,500.00 Total Stadium and Athletic Field 37,850.00 (1) Replace amplifiers and add new speakers Libraries - 1480 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 387,675.00 5,310.00 28,000.00 200.00 2,400.00 187,000.00 11,635.00 Total Libraries (1) 3 - Steno Chairs (2) Index table - wooden, six positions with shelves (3) Metal file cabinet - suspension, 4-drawer, letter size (4) Metal file cabinet, suspension, 4-drawer, letter size (5) 3 - Paperback racks, wire metal, revolving (6) Shelving - Stack - Main, 1 range double-faced metal of 2 3' sections, 7' tall with end pieces and cornice tops to match (7) Front Reading Room - Main, 5 ranges, double faced wooden shelving of 4 3' sections, 7' tall with backs, end pieces and cornice tops to match 622,220.00 479 48'0 Director of Human Services - 1501 Personal Services Other Services and Charges Capital Outlay 20,943.00 6,000.00 200.00 Total Director of Human Services $ (1) 1 - Conference Desk, walnut finish, 1 Executive Chair to match 27,143.00 Juvenile Detention Home - 1527 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Transfers to Other Funds Capital Outlay 165,424.00 2,825.00 7,500.00 1,125.00 300.00 33,000.00 2,000.00 5,989.50 Total Juvenile Detention Home 218,163.50 (1) One (1) five drawer steel filing cabinet, with lock (2) One (1) electric water cooler, 5 gallon capacity (3) One (1) heavy duty commercial type electric clothes dryer (companion to clothes washer) (4) One (1) heavy duty commercial type electric clothes washer, 18 lb. capacity (5) One (1) twenty-one inch gasoline lawn mower (6) One (1) two door stainless steel finish, approximately 47 cubic foot capacity, upright freezer (7) One (1) two door stainless steel finish, approximately 47 cubic foot capacity, electric refrigerator Social Services - 1537 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Allowances Materials and Supplies Data Processing Blind Aged Aid to Dependent Children Emergency Assistance to Needy A.D.C. (Foster Care) 100% A.D.C. Foster Care State & Local Disabled Auxiliary Grant General Relief Foster Care Emergency Relief Blind Purchased Services W.I.N. Day Care W.I.N. Other Services A.D.C. Day Care (Not W.I.N.) Child Welfare Service Day Care Purchased Services Miscellaneous Refunds Capital Outlay 1,197,387.00 16,200.00 25,000.00 8,000.00 2,800.00 31,250.00 35,000.00 25,000.00 2,760.00 21,916.00 6,369,480.00 72,000.00 513,000.00 7,500.00 15,236.00 554,600.00 775,200.00 20,000.00 10,380.00 43,200.00 1,400.00 504,360.00 27,000.00 249,120.00 18,000.00 22,605.00 Total Social Services 10,568,394.00 (1) One (1) double pedestal executive type metal desk with plastic top and executive chair with vinyl seat and back (2) Twenty-four (24) folding chairs with padded seats (3) Two (2) Bookcases with sliding glass doors, four shelves, 48" high, 34%" wide, 12-5/8" deep (4) One (1) secretarial chair with vinyl back and seat (5) One (1) IBM 16" carriage electric typewriter, Model D Standard, Courier #12, pitch type (6) One (1) IBM 16" carriage electric typewriter, Model D Standard, Courier #12, pitch type (7) Five (5) five-drawer metal filing cabinets, letter size, with locks (8) Five (5) letter size metal filing cabinets, with locks, five drawers (9) Five (5) steel filing cabinets, with locks, letter size, five drawers (10) Five (5) steel filing cabinets, letter size, with lock, five drawers (11) One (1) Monroe electronic calculator, with tape, Model 1410 (12) One (1) Compact automobile with automatic transmission (13) One (1) Compact automobile with automatic transmission (14) One (1) Compact automobile with automatic transmission (15) One (1) Compact automobile with automatic transmission 481. Food Stamp Authorization - 1538 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Data Processing Capital Outlay 86,495.00 52,000.00 1,750.00 300.00 150.00 9,500.00 7,500.00 975.00 Total Food Stamp Authorization $ 158,670.00 (1) Five (5) steel five-drawer filing cabinets with lock, letter size Nursing Home - 1539 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 311,647.00 15,050.00 15,000.00 550.00 150.00 70,000.00 5,804.00 Total Nursing Home 418,201.00 (1) One (1) four-drawer steel file cabinet with lock (2) Two (2) Side chairs with out arms, color tangerine (3) Two (2) all steel 620 side arm chairs with vinyl padded seat and back and armrest (color - green) (4) One (1) File-Safe Cabinet. Two letter size file drawers, one double com- partment card drawer (for 3x5 or 4x6 cards). Double walled combination safe, and lock in-handle on outside door for privacy. Overall size 32" high, 16" deep, 29" wide. (5) Two (2) Orthopedic wheel chairs with leg lift (primarily for broken leg use) (6) Seventeen (17) Chests of Drawers - 46" high, 31" wide, 18" deep - 4 drawers - fire resistant construction - to match existing furniture as nearly as possible (7) 20 folding chairs, sturdy construction, padded seat and back (S) one coffee urn, 6 gallon size (9) One (1) Suction Machine with stand (10) One (1) heavy duty commercial type Food Mixer, seven (7) quart size, stainless steel bowls (11) Four (4) table and chair sets - sturdy construction - card table size (12) Four (4) step-stools, three steps high (13) Two (2) coat racks, 15 hanger, floor model, 76" high, 16" deep at base, 10" at top, gray finish, single face Roanoke City Health Department - 1575 Contributions and Subsidies 535,950.00 Total Roanoke City Health Department 535,950.00 Hospitalization of Indigents - 1580 Other Services and Charges Contributions and Subsidies 150,436.00 .00 Total Hospitalization of Indigents 150,436.00 Director of Public Works - 1601 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 175,484.00 450.00 .00 600.00 1,000.00 9,000.00 4,600.00 Total Director of Public Works 191,134.00 (1) Compact Sedan, air conditioning, automatic transmission equipped with two-way radio Utility Line Facilities - 1605 Personal Services Other Charges and Services Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 705,815.00 6,000.00 .00 500.00 70,000.00 277,000.00 92,500.00 Total Utility Line Facilities 1,151,815.00 482 (1) Rubber tired loader with 2 yd. all purpose bucket (2) One 2-ton platform dump crew cab with 3,000 watts power unit and crew cab chassis (3) Case 580 Backhoe - loader with 4 in 1 bucket closed cab and extended boom hoe Street Maintenance - 1658 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 968,768.00 3,600.00 36,050.00 600.00 536,000.00 238,585.00 488,604.00 Total Street Maintenance $ 2,272,207.00 (1) 1 - Crew Cab Dump Truck, 2 Ton Rating (2) 1 - 3/4 Ton Pick-up Truck with eight foot bed and plumber style tool boxes on sides (3) 1 - Pole Trailer (4) 1 - Motor Grader, 125 HP Min. CAT Type 120G or equivalent with accessories to be detailed when specifications are written (5) 1 - Hot Mix Machine, 4 Ton Capacity (6) 1 - Portable Asphalt Hot Box (7) 1 - Paint Machine, Special MB Type 310 or equivalent (8) 3 - Tailgate Stone Spreaders (9) 1 - Protecto Flash arrows, Advance Warner (or equivalent) (10) Service Center Fuel System (11) 10 - Replacement Vehicular Two-way radios (12) Emergency replacement of traffic signals and fire alarm equipment from underground conduit or cable to Traffic Signal Controllers, etc. (13) Safety Equipment (Barricades, traffic cones, warning lights and con- struction signs, etc.) (14) Traffic Signal - Fire Alarm appurtenances (15) 2 - Portable Ventilating Blowers, 115 VAC, 600 CFM Capacity, complete with 8" x 15' Flexible duct and carrier. MOPECO EB-115-A or similar (16) 1 - Heater for Portable ventilating blower, 55,000 BTU Burner, MOPECO Model EBH-1 (17) 1 - Automatic Section Type Combustible Gas Detector, MOPECO Model GD 305 or similar (18) Dispatch Center, Communications Console Public Works Complex (2 positions) (19) 1 - Antenna, Coaxial Cable and Labor to install same (20) Traffic Signal Cables, line hdw. etc. (21) Fire Alarm Cables, line hdw. and other appurtenances . (22) 1 - Fire Alarm Transmitter (B & B Engineering) (23) 2 -Portable traffic counters for use with road tubes programmed for 5 to 60 minute print and reset operation, complete with case battery and ready for use. (24) Dale Avenue and 19th Street, S. E. - Installation of underground portion of future traffic signal (25) 4 - Master Fire Alarm Boxes and appUrtenanCes fOr Fairview, Roundhill, Lincoln Terrace and Westside Elementary Schools. (26) Fire Alarm Relocation - Va. 24-115 Project (Cable, Poles, Conduit, Boxes, Line Hdw., etc.) (27) 4 - Fire Alarm Boxes and Appurtenant devices (28) 1 - Bench Grinder, 7", ll0VAC, with accessories. (29) Six Fire Alarm Boxes and appurtenances (30) 6 - Fire Alarm Boxes with red light on top and necessary conduit, cable, wire, etc. necessary to install (31) Fire Alarm Box and Alarm Circuits, Central Office Equipment and Cable - Annexation (32) Traffic Signal Installation - Brandon Avenue and Aerial Way Drive, S. W. (33) Traffic Signal Installation - Hershberger Road and Grandview (34) 4 - Vehicular two-way radios (35) 4 - Vehicular two-way radios (36) 2 - Motorcycle radios (37) 2 - Vehicular two-way radios (38) 4 - Portable two-way radios (39) 1 - Vehicular two-waY radio (40) 1 - Portable two-way radio (41) 6 - Vehicular chargers for portable radios (42) Four single unit portable radio chargers (43) 1 - Vehicular two-way radio (44) 1 - Vehicular two-way radio (45) 1 - Vehicular two-way radio (46) 5 - Vehicular two-way radios (47) 3 - Vehicular Mobile 2-way radios (48) 1 - Vehicular two-way radio (49) 1 - Vehicular two-way radio (50) 3 - Vehicle two-way radios 483 Building Maintenance - 1664 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 881,093.00 43,200.00 195,350.00 800.00 531,545.00 130,000.00 13,375.00 Total Building Maintenance $ 1,795,363.00 (1) One compact, 4-door sedan with mobile two-way radio (2) One 8-passenger window van with mobile two-waY radio (3) One 35 lb. industrial automatic washer-extractor equal to Huevsch model WE 35P (4) 1%" Heavy Duty Rotary Hammer complete with steel carrying case and assortment of chisels and bits Ground Maintenance - 1666 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 793,011.00 1,000.00 400.00 800.00 32,000.00 51,600.00 31,038.00 Total Ground Maintenance 909,849.00 (1) One Ton Cab and chassis - crew cab, V8 engine, automatic transmission and flat bed dump body (2) One 1/2 Ton Pickup Truck - V8 engine, automatic transmission, air conditioning and power steering (3) One Reel type gang mower - 3 gang, with hydraulic lift and carrier wheels (4) One leaf machine - 3/4" impeller, 78 hp. Ford Industrial engine (5) 20 Lawn mowers, push type, high wheel, 22" cut, 5 hp motor (6) 2 - 8" Bench Grinders @ $129.00 = $258.00 1 - 7" Heavy Duty Disc Sander 90.00 3 - 3/8" Electric Drills @ 65.00 = 195.00 1 - 10" Table Saw 340.00 3 - 7%" Portable Saws @ 85.00 = 255.00 (7) All controls and fiberglass bucket for presently owned model 75 Radocy Crane Motorized Vehicle Ma±ntenance - 1671 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 442,284.00 88,000.00 .00 500.00 305,000.00 16,000.00 7,720.00 Total Motorized Vehicle Maintenance 859,504.00 (1) Adjustable Gantry with Trolly and Electric Hoist (2) Four (4) Automotive Mechanics Tool Sets, complete with 2-drawer chest; 3-drawer roll away cabinet and mechanics creepers (3) 17" Variable speed, floor model, drill press and accessories (4) One Standard Pedestal Model Grinder, 7" with accessories (5) One Standard bench model grinder, 7" with accessories Snow Removal - 1675 Personal Services Other Services and Charges Travel and Education Materials and Supplies Capital Outlay 37,000.00 5,000.00 300.00 26,700.00 9,400.00 Total Snow Removal 78,400.00 (1) Two (2) Heavy duty hydraulic controlled chemical spreaders Street Li~htin~ - 1690 Utilities and Communications Maintenance Capital Outlay 400,000.00 1,750.00 .00 Total Street Lighting 401,750.00 484 Technical and Administrative Planning - 1701 Personal Services Other Services and Charges Utilities and Communications Travel and Education Materials and Supplies Capital Outlay 40,625.00 410.00 400.00 600.00 14,000.00 .00 Total Technical and Administrative Planning $ 56,035.00 Materials Control - 1711 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 141,196.00. 4,460.00 2,713.20 925.00 1,000.00 6,500.00 35,627.00 Total Materials Control 192,421.20 (1) One new automatic time stamp, Rapid Print to print Date, Time and Department (2) One new fork lift, battery operated for internal use, with safety grid top and battery charger; extension to 155" weight and lift capacity 2500 lbs. (3) Steel, commercial shelving for new warehouse system (4) One new paging receiver, with charger, 140-170 MHz, 100% Solid State, portable Personnel and Training - 1714 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 28,771.00 47,440.00 1,500.00 1,100.00 250.00 2,000.00 150.00 Total Personnel and Training 81,211.00 (1) One locking, four-drawer, legal size filing cabinet Management Information Services - 1725 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Capital Outlay 159,140.00 197,303.00 2,736.00 2,000.00 1,758.50 12,773.00 1,500.00 Total Management Information Services 377,210.50 (1) 100 reels magnetic computer tape Engineering~and Building Inspection - 1748 Personal Services Other-Services and Charges Utilities and Communications Travel and Education Maintenance Allowances Materials and Supplies Capital Outlay 451,726.00 40,000.00 6,000.00 750.00 1,475.00 1,140.00 12,000.00 7,300.00 Total Engineering and Building Inspection 520,391.00 (1) One (1) file cabinet (2) 3 file drawers for the Vault - 42" x 52" (3) 8 passenger window van 485' City Planning Department - 1783 Personal Services Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Transfers to Other Funds Capital Outlay 115,556.00 25,317.00 2,000.00 1,500.00 225.00 6,000.00 .00 180.00 Total City Planning Department (1) 2 metal stand, swivel back chairs, fabric seat Ng~-Departmental - 1810 Employee Benefits Fringe Benefits .00 3,097,306.00 Total Non-Departmental Contributions and Subsidies - 1832 Humanitarian and Social Program Bus Company Subsidy Other Agencies 467,200.00 550,000.00 122,150.00 Total Contributions and Subsidies Miscellaneous - 1850 Court Cost Personal Injuries State Payment Lieu of U.C. Tax Damages to Property Taxes and Assessments Refunded Miscellaneous Refunds Fines Refunded Annexation Medical Examiners Fee Lunacy Commissions 1976 Annex Revenue Loss Payment Interest On Temporary Loans 600.00 2,500.00 2,550.00 1,200.00 35,000.00 125,000.00 1,000.00 5,000.00 ii,OUO.uu 9,500.00 1,912,751.00 200,000.00 .Total Miscellaneous Transfers - 1855 Transfers to Other Funds 6,763,552.15 Total Transfers Contingencies - 1888 Contingencies -403,913.37 Total Contingencies Roanoke City School System - 1900 Administration Instruction Attendance Services Health Services Pupil Transportation Operation of School Plants Maintenance of Plant and Equipment Fixed Charges Food Services Continuing Education Capital Outlay Council Approved Reduction 555,622.00 14,687,159.00 112,018.00 .00 400,921.00 2,200,164.00 1,129,780.00 1,243,183.00 1,678,125.00 258,015.00 96,460.00 .00 Total Roanoke City School System Distributions and Clearings - Personal Services Utilities and Communications Materials and Supplies Welfare Clearing Account Balance Sheet Clearings .00 .00 .00 .00 .00 Total Distributions and Clearings Total $ 150,778.00 3,097,306.00 1,139,350.00 2,306,101.00 6,763,552.15 -403,913.37 22,361,447.00 .O0 68,588,868.85 486 TOTAL ANTICIPATED REVENUE: TOTAL ANTICIPATED EXPENDITURES: $68,588,868.85 $68,588,868.85 BE IT FURTHER ORDAINED that all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof. BE IT FURTHER ORDAINED that the appropriations made and contained in the Budget Ordinances for the fiscal year 1976-77 of the Council of the City of Salem, Virginia, and the Board of SupervisOrs of Roanoke County, Virginia, for the costs of the expenses of the Courts of the Twentieth Judicial Circuit of Virginia, be and the same are hereby approved, in accordance with the provi- sions of paragraph 6 of Resolution No. 19123, adopted by the Council of the City of Roanoke on April 6, 1970. BE IT FURTHER ORDAINED that the Director of Finance be, and he is hereby authorized and directed to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another. BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 1976-77 Appropriation Ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force on and after July 1, 1976. APPROVED ATTEST: City Clerk ' Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1976. No. 23038. AN ORDINANCE making appropriations from the Water Fund for the City of Roanoke for the fiscal year beginning July 1, 1976, and ending June 30, 1977; and declaring the existence of an emergency. WHEREAS, it is necessary for the usual daily operation of the Municipal Government that this Ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all money that shall be paid into the City Treasury for the Water Fund in the fiscal year beginning July 1, 1976, and ending June 30, 1977, shall constitute a Water Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: 487 WATER FUND - OPERATING EXPENSE General Operating - 2005 Personal Services Fringe Benefits Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Interfund Services Data Processing Damages to Property Miscellaneous Refunds Payment in Lieu of Taxes 24,822.00 60,000.00 43,250.00 7,000.00 2,100.00 2,000.00 3,100.00 606,500.00 21,000.00 3,000.00 13,000.00 1,000,000.00 Total Water - General Operating $ 1,785,772.00 (1) Repair by replacement the formica counter tops in the laboratory of Carvins Cove Filter Plant (2) Upgrade office at Falling Creek Filter Plant, extend office area over chemical room so personnel lockers can be moved adjacent to office (3) Replace 50-year old wooden stave alum solution tank with a new 750 gallon wooden stave alum tank (Furnish and assemble inside plant) (4) Install chlorination system in valve house of Carvins Cove Dam. Requires chlorine feeder, 50 GPM water pump at 50 foot head, using 150 lb. chlorine cylinders (5) Install storm windows on 19 windows and one door on north and east sides of Carvins Cove Filter Plant (6) Reroof valve house on Carvins Cove Dam (7) Install five foot high chain link safety fence on both sides of top of Carvins Cove Dam from east end out to valve house (8) Install security type detention screens on Delray Pumping Station (9) Paint Delray Booster Pump Station (10) Paint frame house at 2017 Lake Street, S. E., above Crystal Spring Pumping Station (11) Paint steel beams, ceilings and window frames inside filter rooms, offices and laboratory in Carvins Cove Filter Plant. Includes corrosion control on exposed reinforcing rods in pre-stressed concrete ceiling panels (12) Paint masonary walls, ceilings and floors in filter pipe gallery (13) Paint exterior wood trim on Crystal Spring Pumping Station Water Pumping Station & Tanks - Personal Services Utilities and Communications Maintenance Materials and Supplies 60,248.00 115,000.00 42,000.00 1,050.00 Total Water Pumping Station & Tanks 218,298.00 Water Purification - 2015 Personal Services Other Services and Charges Utilities and Communications Maintenance Materials and Supplies 169,226.00 30,000.00 16,000.00 30,000.00 90,000.00 Total Water Purification 335,226.00 Total Water - Operating Expense 2,339,296.00 (1) Prepare design and working drawings for upgrading Carvins Cove Filter Plant and intake line Depreciation Expense Depreciation 250,000.00 Total Depreciation Expense 250,000.00 Non-Operating Expense - Interest Interest Expense 149,113.00 Total Interest Expense 149,113.00 Total Non-Operating Expense - Interest 149,113.00 488: Capital Outlay From Revenue - 2401 Capital Outlay S W Trunk Line (Phase 4) New Services HYD Lines UnidentifiedPlant Replacement 12 Line Rt. 11 to Rt. 419 Annex Rt. 460 Pump Station Annex 20 Line Rt. 460 to Rt. 653 74,106.00 175,000.00 310,000.00 100,000.00 150,000.00 .00 100,000.00 Total Capital Outlay From Revenue $ 909,106.00 (1) One (1) Typewriter, electric, dual 10 and 12 pitch, interchangeable ball elements, self-contained erase feature. IBM Selectric or equal. (2) One (1) four-wheel drive vehicle, Cherokee type jeep, with trailer hitch, trailer light connections and electric hydraulic lift on front for use with existing Myers six-foot snow blade. Cargo area large enough to haul 150 lb. chlorine cylinders. (3) One (1) four-door sedan, power steering, power brakes, air-conditioned (4) Two (2) Aqua-Vac Model #400-01, or equivalent, with a 10-gallon stainless steel tank, heavy duty Vac-Cart, 12' flexible hose, extension wands, floor brush, crevice tool and round brush (5) One (1) Toledo 68 Electric Power Drive Valve Operator, with ½ H.P. motor, or equivalent (6) Lawn Mower, small, push type, for Carvins Cove Filter Plant (7) One (1) Set hand tools and wrenches, Sears Craftsman 112 piece set, or equal (8) One (1) 14 - 15 cu. ft. refrigerator, frost free, standard ice tray compartment (without freezer compartment) (9) One (1) pH Meter, electrode type, capable of making fluoride determinations. "Hach" or equal (10) Chain Saw, gasoline motor driven, medium size, 1.8 to 2.0 C.I.D. engine (112 Air Compressor, 1½ to 2 K.P., 2 stage, 120 - 150 p.s.i, range,.220 - 440 V, 3 ph, 5 - 7 c.f.m. (12) Furnish and install 3 MGD high pressure booster pump, 12" intake and discharge lines and 12" meter in Crystal Spring Pumping Station (13) Replace 12" meter on high pressure discharge line at Crystal Spring Pumping Station (14) Replace 24" and 48" influent meters at Carvins Cove Filter Plant (15) Replace freight hoist with a freight elevator at Carvins Cove Filter Plant (16) Material and street restoration involved in installing the last segment of a southwest water trunk line, including labor (17) New services, hydrants, water lines, tanks and/or pumping stations (18) Estimate cost of plant which will have to be replaced during the year which cannot be individually identified. (19) Install 12" water line from Route 11 (Stratford Park) to Route 419 (approximately 8,780 feet via Deyerle Road, Cravens Creek Road, Crestmoor Drive, Keagy Road, Medmont Circle, Lonsdale Drive to Route 419) (20) Install 20" water line from proposed pumping station Route 460 to Route 653, approximately 3,960 feet Capital Outlay From Bond Funds - Catawba Creek Diversion Tunnel Crystal Spring Improvements Carvins Cove Lane Carvins Cove Filter Plant Addition .00 .00 .00 .00 Total Capital Outlay Prom Bond Funds Total Capital Outlay .0O 909,106.00 Reserves - For Debt Retirement Debt Service Principal 293,000.00 Total Reserves - For Debt Retirement 293,000.00 Total Reserves 293,000.00 Distributions and Clearings Personal Services Balance Sheet Clearings .00 .00 Total Distributions and Clearings .00 Total Water Fund 3,940,515.00 489 TOTAL ANTICIPATED REVENUE: TOTAL ANTICIPATED EXPENDITURES: $3,940,515.00 $3,940,515.00 BE IT FURTHER ORDAINED that all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof. BE IT FURTHER ORDAINED that the Director of Finance be, and he is hereby authorized and directed to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another. BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 1976-77 Water Fund Appropriation Ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force on and after July 1, 1976. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1976. No. 23039. AN ORDINANCE making appropriations from the Sewage Treatment Fund for the City of Roanoke for the fiscal year beginning July 1, 1976, and ending June 30, 1977; and declaring the existence of an emergency. WHEREAS, it is necessary for the usual daily operation of the Municipal Government that this Ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all money that shall be paid into the City Treasury for the Sewage Treatment Fund in the fiscal year beginning July 1, 1976, and ending June 30, 1977, shall consti- tute a Sewage Treatment Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: SEWAGE TREATMENT FUND - OPERATING EXPENSE General O~eratin~ Personal Services Fringe Benefits Other Services and Charges Utilities and Communications Travel and Education Maintenance Allowances Materials and Supplies Interfund Services Data Processing Miscellaneous Refunds Payment in Lieu of Taxes 398,828.00 88,652.62 15,146.00 786,472.00 4,000.00 25,000.00 900.00 881,622.14 314,000.00 14,000.00 20,000.00 52,000.00 Total General Operating $ 2,600,620.76 Total Sewage Treatment Fund - Operating Expense 2,600,620.76 490 Depreciation Depreciation - Depreciation Expense $ 240,000.00 Total Depreciation Expense Total Depreciation Non-Operatin~ Expense - Interest Interest Expense 356,651.25 Total Non-Operating Expense - Interest Capital Outlay From Revenue - 2401 Capital Outlay 365,748.00 Total Capital Outlay From Revenue 240,000.00 240,000.00 356,651.25 365,748.00 (1) Replace 4 single steel doors in upper aerator control room. These to match new one in the new section of the main plant. (2) Lateral Repair and Replacement (3) Replace double doors in old comminutor room. (4) Auxiliary Emergency Generator capable of producing 250 K.W.'s , using present engine H2475G. (5) Replacement of items that cannot be identified .00 .00 .00 .00 .00 .00 .00 Capital Outlay From Bond Funds Total Capital Outlay From Bond Funds Lick Run Improvements Williamson Road Interceptor Trout Run Interceptor Campbell Avenue Interceptor Compton Road Interceptor Plant Imp. Digestor Plant Expansion Total Capital Outlay Reserves - For Debt Retirement Debt Service Principal 46Q,0QQ.0Q Total Reserves - For Debt Retirement Reserves - For Replacement Capital Outlay .00 Total Reserves - For Replacement Total Reserves Distributions and Clearings .00 .00 Total Distributions and Clearings Total Sewage Treatment Fund Personal Services Balance Sheet Clearings TOTAL ANTICIPATED REVENUE: 365,748.00 460,000.00 .00 460,000.00 .00 4,023,020.01 TOTAL ANTICIPATED EXPENDITURES: $4,023,020.01 $4,023,020.01 BE IT FURTHER ORDAINED that all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof. BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 1976-77 Sewage Treatment Fund Appropriation Ordinance. 491 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force on and after July 1, 1976. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OP THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1976. No. 23040. AN ORDINANCE making appropriations from the Civic Center Fund of the City of Roanoke for the fiscal year beginning July 1, 1976, and ending June 30, 1977; and declaring the existence of an emergency. WHEREAS, it is necessary for the usual daily operation of the Municipal Government that this Ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all money that shall be paid into the City Treasury for the Civic Center Fund in the fi~ca~ year beginning July 1, 1976, and ending June 30, 1977, shall constitute a Civic Center Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: CIVIC CENTER FUND - OPERATING EXPENSE General Operatin~ Personal Services Fringe Benefits Other Services and Charges Utilities and Communications Travel and Education Maintenance Allowances Materials and Supplies Interfund Services Miscellaneous Refunds $ 198,318.00 45,550.00 67,000.00 248,200.00 2,500.00 16,000.00 1,980.00 20,000.00 334,400.00 3,000.00 Total General Operating $ 936,948.00 Promotional Expenses Personal Services Other Services and Charges Utilities and Communications Materials and Supplies Interfund Services Transfer to Other Funds 35,000.00 92,371.50 500.00 2,500.00 .00 .00 Total Promotional Expenses 130,371.50 Total Civic Center Fund - Operating Expenses 1,067,319.50 Depreciation Depreciation - Depreciation Expense Total Depreciation Expense .00 .00 Total Depreciation .00 '492 Capital Outlay From Revenue - 24Q1 Capital Outlay $ 28,400.00 Total Capital Outlay From Revenue $ 28,400.00 Total Capital Outlay 28,400.00 (1) Forklift with 2,500 pound capacity with 115" lift (Battery operated with charger ~- (2) 5 - Chair dollies - to be built by Public Works Department (3) Materials to build 5 table dollies- to be built by Public Works Department (4) One Thomsen ice edger and line cutter (5) 12 Sheets Plexi-glass (6) 100 Panels - 8' long x 72" wide - Fiberglass (gold) back drapes (7) 24 Ellipsodol lamps, 4 bases and pipe, 24 quarts Halage bulbs, 24 gel frames, 2 Klig lights and one black legs for stage (8) Rubber Runners - 600 ft. (9) 50 tables - 30 inches wide, 8 feet long with folding legs, Krueger - Staingard hardboard (10) 300 Sheets Homosote DistributionS and Clearings Personal Services Balance Sheet Clearings .00 .00 Total Distributions and Clearings .00 Total Civic Center Fund 1,095,719.50 TOTAL ANTICIPATED REVENUE: $1,095,719.50 TOTAL ANTICIPATED EXPENDITURES: $1,095,719.50 BE IT FURTHER ORDAINED that all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof. BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 1976-77 Civic Center Fund Appropriation Ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force on and after July 1, 1976. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1976. No. 23041. AN ORDINANCE making appropriations from the Municipal Airport Fund of the City of Roanoke for the fiscal year beginning July 1, 1976, and ending June 30, 1977; and declaring the existence of an emergency. WHEREAS, it is necessary for the usual daily operation of the Municipal Government that this Ordinance take effect upon the date hereinafter set forth. 493 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all money that shall be paid into the City Treasury for the Municipal Airport Fund in the fiscal year beginning July 1, 1976, and ending June 30, 1977, shall con- stitute a Municipal Airport Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: AIRPORT FUND - OPERATING EXPENSE General Operatin~ Personal Services Fringe Benefits Other Services and Charges Utilities and Communications Travel and Education Maintenance Materials and Supplies Interfund Services Data Processing Payment in Lieu of Taxes 88,010.00 23,830.00 30,000.00 112,140.00 1,500.00 25,000.00 9,500.00 422,500.00 .00 .00 Total General Operating $ 712,480.00 Fuel Concession Personal Services Fringe Benefits Other Services and Charges Utilities and Communications Materials and Supplies 15,934.50 1,593.45 2,500.00 450.00 121,420.00 Total Fuel Concession 141,897.95 Total Airport Fund - Operating Expense 854,377.95 Depreciation - Depreciation Expense Depreciation 125,160.00 Total Depreciation Expense 125,160.00 Total Depreciation 125,160.00 Non-Operatin~ Expense - Interest Interest Expense 64,060.00 Total Non-Operating Expense - Interest 64,060.00 Capital Outlay From Revenue - 2401 Capital Outlay 382,730.00 Total Capital Outlay From Revenue 382,730.00 (1) Twenty-four (24) banquet type folding chairs with fabric covered seat and back as manufactured by Clarin Seating Company, Model No. 3417 NL or equal (2) One four wheel drive, automatic transmission, short W.B. (not to exceed 93.5") equipped with 6 cylinder engine (min. 258 cubic inch), rear lock differential (3) 2 each pocket "Beepers" complete with chargers; Beepers to be coordinated through Public Works or Control (4) Overlay T/W 33, from its intersection with R/W 23, South to the intersection of T/W 27, with Bituminous Concrete asphalt as per FAA specifications (5) Replace various sections of underground wiring and ground cable for runway and taxiway lighting system (6) Replace medium intensity runway lighting for R/W 5-23 with high intensity. This will require new fixtures, wiring and grounding, along with new regulator and panel control in Tower (7) Replace various sections of 9" concrete parking ramp at Gates #10 & 11, concrete broken and upheaving. Will also require proper sub base material. Some areas could be patched with proper patching material. (8) Crash Rescue Vehicle 494 Capital Outlay From Bond Funds Terminal Building Addition Improvements to Runway Airport Lighting Land for Runway Extension Overlay Runway 5 .00 .00 .00 .00 .00 Total Capital Outlay From Bond Funds $ .00 Total Capital Outlay 382,730.00 Reserves - For Debt Retirement Debt Service Principal 84,268.00 Total Reserves - For Debt Retirement 84,268.00 Total Reserves 84,268.00 Distributions and Clearings Personal Services Balance Sheet Clearings .00 .00 Total Distributions and Clearings .00 Total Airport Fund 1,510,595.95 TOTAL ANTICIPATED REVENUE: TOTAL ANTICIPATED EXPENDITURES: $1,510,595.95 $1,510,595.95 BE IT FURTHER ORDAINED that all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof. BE IT FURTHER ORDAINED that th~s Ordinance shall be known and cited as the 1976-77 Municipal Airport Fund Appropriation Ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force on and after July 1, 1976. APPROVED ATTEST: City Clerk Mayor