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21666-7/15/74 - 22147-3/31/75
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21666. AN ORDINANCE to amend and reordain Section #17000, "Schools - T.A.P. Tutorial/Alternative Education Project," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #17000, "Schools - T.A.P. Tutorial/Alternative Education Project," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - T.A.P. TUTORIAL/ALTERNATIVE EDUCATION PROJECT #17000 T. A. P. Tutorial/Alternative Education Project ................................ $17,520.00 *100% of actual expenditures to be reimbursed by P. L. 92-318, Title VII funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21667. AN ORDINANCE to amend and reordain Section #35000, "Schools - Health Careers Program," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Governmen~ . 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 ~35000, "Schools - Health Careers Program," of the 1974-75 ~ppropriat: Ordinance, be, and the same is hereby, amended and reordained to read'as f~tlows, in part: )n 2 SCHOOLS - HEALTH CAREERS PROGRAM #35000 Supplies and Materials ................... $1,700.00 Travel ................................... 85.00 Operations ............................... 150.00 *100% of actual expenditures to be reimbursed by Commonwealth of Virginia funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21668. AN ORDINANCE to amend and reordain Section #37000, "Schools - Title III - Criterion Reading Program," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #37000, "Schools - Title III - Criterion Reading Program," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordaine( to read as follows, in part: SCHOOLS - TITLE III - CRITERION READING PROGRAM #37000 Personal Services ...................... $85,043.00 Supplies and Services .................. 15,605.00 Furniture and Equipment ................ 6,197.00 Travel ................................. 3,460.00 Fixed Charges .......................... 5,282.00 *100% to be reimbursed by E.S.E.A., Title III funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21669. AN ORDINANCE to amend and reordain Section #38000, "Schools - Vocational Education for the Disadvantaged," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #38000, "Schools - Vocational Education for the Disadvantaged," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - VOCATIONAL EDUCATION FOR THE DISADVANTAGED #38000 Vocational Education for the Disadvantaged ......................... $4,458.00 *100% to be reimbursed by Commonwealth of Virginia funds under the Vocational Education Act DE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21670. AN ORDINANCE to amend and reordain Section #39000, "Schools - Vocational Education for the Handicapped," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #39000, "Schools - Vocational Education for the Handicapped," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - VOCATIONAL EDUCATION FOR THE HANDICAPPED %39000 Vocational Education for the Handicapped ................................ $22,912.00 *100% to be reimbursed by Commonwealth of Virginia funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21671. AN ORDINANCE to amend and reordain Section %40000, "Schools - Special Cooperative Program for Former Dropouts and Potential Dropouts," of the 1974- 75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 %40000, "Schools - Special Cooperative Program for Former Dropouts and Potential Dropouts," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - SPECIAL COOPERATIVE PROGRAM FOR FORMER DROPOUTS AND POTENTIAL DROPOUTS %40000 Personal Services .................... $39,948.00 Supplies ............................. 1,050.00 Equipment ............................ 500.00 Travel ............................... 1,000.00 Operations ........................... 250.00 Fixed Charges ........................ 3,994.00 *100% of actual expenditures to be re- imbursed by the Commonwealth of Virginia BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21672. AN ORDINANCE to amend and reordain Section #41000, "Schools'- Student Job Placement Program," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #41000, "Schools - Student Job Placement Program," of the 1974- 75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - STUDENT JOB PLACEMENT PROGRAM #41000 Student Job Placement Program ........... $18,378.00 *100% of actual expenditures to be reimbursed by Commonwealth of Virginia funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21673. AN ORDINANCE to amend and reordain Section #42000, "Schools - D.I.A.L. - Summer Programs," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #42000, "Schools - D.I.A.L. - Summer Programs," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - D.I.A.L. - SUMMER PROGRAMS #42000 D.I.A.L. - Summer Programs .............. $5,124.50 *$4,483.50 to be reimbursed by Commonwealth of Virginia funds and 10% local matching funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21674. A RESOLUTION providing for the appointment of five persons, any three of whom may act, as viewers in connection with the application of Terminal Warehouse Corporation, and R. D. and Virginia F. Echols, husband and wife, to permanently vacate, discontinue and close that portion of Shenandoah Valley Avenue, N. E., which is adjacent to Lots 4, 5, 6, and 7 of Block 13, map of Laurel Terrace, and being respectively Official Tax Numbers part of 3121302, 3121303, and part of 3121304 on the easterly side of said avenue adjacent to Lots 1, 2, 3, and 4 of Block 9, map of Laurel Terrace, and being respectively Official Tax Numbers 3120901, and 3120902. Shenandoah Valley Avenue and the aforesaid lots are shown on the map of Laurel Terrace, dated May 10, 1926, and recorded in the Clerk's Office of the Circuit Court of Roanoke County on the 22nd day of May, 1926, on Plat Book 1, pages 358-359. The portion of said street here sought to be closed is 100 feet in length and is the only remaining portion thereof lying south of Kanter Road which is now open. WHEREAS, it appears from the application of Terminal Warehouse Corpora- tion and R. D. and Virginia F. Echols, husband and wife, that they did duly and legally post notice of the intended application at the courthouse of the Circuit Court of the City of Roanoke, Virginia, and at two public places in the City of Roanoke, Virginia, and that more than ten days have elapsed since the posting of said notice, and that they have made an application for the appointment of viewers to view such portion of Shenandoah Valley Avenue, and report in writing, as required by law. THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke, Virginia, that William P. Wallace, J. Tate McBroom, Dewey H. Marshall, Harry Whiteside, Jr., and Dale Poe, any three of whom may act, be, and they are hereby appointed as viewers to view the above described portion of Shenandoah Valley Avenue sought to be vacated, and report in writing, as required by Section 15.1-364, Code of Virginia as amended, whether, in their opinion, any, and if any, what, inconvenience would result from discontinuing the same. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21675. AN ORDINANCE to appropriate to the City of Roanoke's 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 Grant Program Account be amended to read as follows, in part: PUBLIC EMPLOYMENT PROGRAM #972 Summer Program for Economically Disadvantaged Youth (1) .................. $279,882.00 (1) Net increase ................ $113,682.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21676. A RESOLUTION concurring in the City Manager's recommendation of participation in the Summer Program for Economically Disadvantaged Youth; authorizing formal application to be made for grant of $279,882.00 in Federal funds to provide for said program and, in so applying, to extend certain assurance~ on behalf of the City; and, upon grant of such funds, to execute a requisite agreement accepting said funds on behalf of the City; and repealing Resolution No. 21564, heretofore adopted on June 3, 1974, to the extent of its inconsistency herewith. WHEREAS, the City Manager has advised the Council that the City may be eligible for allocation of $279,882.00 in Federal funds with which to operate a Summer Program for Economically Disadvantaged Youth, said funds to be allocated by the Manpower Administration of the United States Departme~t of Labor, it having been anticipated that said program would commence on June 12, 1974, and operate for a three-month period under a purchase of services contract proposed to be entered into between the City and Total Action Against Poverty in Roanoke Valley; and WHEREAS, the City Manager has further advised the Council of his notification given to the Associate Regional Director for Manpower of the City's desire to participate in said program and to file a preapplication for Federal assistance for said Summer Program. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Body concurs in the City Manager's notification given to the Associate Regional Director for Manpower of the City's desire to participat. in a Summer Program for Economically Disadvantaged Youth and to file a preapplicat for Federal Assistance to defray the cost of said program. 2. That the City Manager be and he is hereby authorized and directed to make written application on behalf of the City of Roanoke to the Manpower Administration of the United States Department of Labor for a grant of Federal funds in the sum of $279,882.00 to defray the costs of providing said Summer Program, the same to have commenced on or about June 12, 1974; and, in making said application, the City Manager is hereby authorized and empowered to make all necessary and proper certifications and assurances required of applicants for grant of such Federal funds and approved by the City Attorney; and 3. That upon grant of said Federal funds to the City, the City Manager be and he is hereby authorized and directed to enter into a purchase of services of agreement with Total Action Against Poverty in Roanoke Valley to provide for the operation of said program. on ATTEST: 4. That Resolution No. 21564, heretofore adopted by the Council on June 3, 1974, be and is REPEALED to the extent of any inconsistency herewith. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21677. AN ORDINANCE to amend and reordain Section #537, "Public Assistance," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #537, "Public Assistance," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE #537 Refunds & Rebates (1) .................... $2,032.00 (1) Net increase $2,032.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21678. AN ORDINANCE to amend and reordain certain sections of the 1974- 75 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. 10 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1974-75 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: 530 540 547 549 345 783 C.A.M.P.S. (1) ........................ $ 27,112.25 R.A.D.A.C.C. (2) ...................... 13,455.16 Courtroom Memory System (s) (3) ....................... 6,244.00 Offender Aid and Restoration (4) ...................... 5,057.00 High Incidence Target (5) ............. 147,761.78 D HUD C.P.A. (701) Grant (6) ............................ 12,627.15 Grant Refund Account (7) .............. 29,500.00 (1) Net increase (2) Net ~ncrease (3) Net increase (4) Net increase (5) Net increase (6) Net ~ncrease (7) Net lncrease $27,112.25 13,455.16 6,244.00 5,057.00 147,761.78 12,627.15 29,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21679. AN ORDINANCE to amend and reordain Section #527, "Juvenile Home," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE HOME #527 Local Cash Match (1) ......................... $1,368.52 (1) Net increase $1,368.52 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21680. AN ORDINANCE to appropriate to the City of Roanoke's 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 Grant Program Account be amended to read as follows, in part: HUMAN SERVICES - OUTREACH DETENTION #927 Salaries and Wages ........................ $62,097.27 Utilities and Communications .............. 500.00 Travel Expense and Education .............. 2,100.00 Automobile Allowance ...................... 10,000.00 Supplies and Materials .................... 12,880.00 TRAINING JUVENILE AND DOMESTIC COURT PERSONNEL #928 Salaries and Wages ........................ $87,508.00 Utilities and Communications .............. 1,755.00 Automobile Allowance ...................... 5,000.00 Supplies and Materials .................... 500.00 Office Furniture and Equipment ............ 300.00 R.A.D.A.C.C. - GRANT NO. 74A-2390 #941 Salaries and Wages ........................ $30,420.00 Fringe Benefits ........................... Utilities ................................. Contractual Services ...................... Communications ............................ Travel Expense ............................ Insurance ................................. Rent ...................................... Maintenance Buildings, Property and Equipment ................................ Supplies and Materials .................... 3,650.00 795.00 2,100.00 1,200.00 3,550.00 50.00 2,140.00 1,500.00 1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21681. AN ORDINANCE to amend and reordain Section #714, "Personnel and Training," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #714, "Personnel and Training," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PERSONNEL AND TRAINING %714 Travel Expense and Education (1) ............................ $2,049.00 (1) Net increase $699.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21682. A RESOLUTION permitting the City Manager to temporarily close an easterl~ portion of 1st Street, S. W., north from its intersection with Church Avenue, S. W., and a northerly portion of Church Avenue, S. W., east of its intersection with 1st Street, S. W., in order to facilitate the construction of the United Virginia Bank building, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that, notwithstandir the provisions of Sec. 2101 of the Southern Standard Building Code, heretofore codified in Title XV, as Chapter 1.1 of the Code of the City of Roanoke, 1956, as amended, the City Manager be and is hereby authorized to temporarily close to pedestrian and vehicular traffic for a period not exceeding forty-five (45) days from the date hereof, the easterly 28 feet of the public right-of- way constituting 1st Street, S. W., from the northeast corner of the intersection of 1st Street, S. W., and Church Avenue, S. W., in a northerly direction, approximately 100 feet to the southerly line of a 10-foot wide alley; and to temporarily close to vehicular traffic, for a period not exceeding forty- five (45) days from the date hereof, the northerly 29.5 feet of the publ!,¢~ right-of-way constituting Church Avenue, S. W., from a point on the southeast corner of Official No. 1011821, in a westerly direction approximately 1.80 feet, in order to facilitate construction of the United Virginia Bank building, such permission to be granted upon the condition that such construction will in all respects conform to all other requirements of law, and upon the further condition that the general contractor furnish evidence to said City Manager of public liability and property damage insurance in amounts deemed satisfactory by the City Manager and City Attorney, the City of Roanoke to be named as an additional, insured on all such policies of insurance. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21683. AN ORDINANCE amending Ordinance No. 21604 by authorizing the City Manager and the City Clerk to enter into written contract on behalf of the City of Roanoke with Powers Fence Company of Roanoke, Inc., for provision of additional security boundary fencing at the Roanoke Municipal Airport; and providing for an emergency. WHEREAS, Ordinance No. 21604, adopted June 17, 1974, accepted the bid of Powers Fence Company of Roanoke, Inc., to provide improvements at the Roanoke Municipal Airport hereinafter referred to, and authorized the City Purchasing Agent, upon approval by the Federal Aviation Administration of a certain grant application for ADAP-8-51-0045-03-74, to issue a purchase order for said fencing; and WHEREAS, the approval of Federal Aviation Administration havin~ been received by the City, it is considered more proper that the City's contractua arrangements with the aforesaid contractor be entered in the form of a constructiol contract, rather than by purchase order issued by the City Purchasing Agent; and WHEREAS, for the usual daily operation of the municipal government and its Roanoke Municipal Airport, an emergency is deemed to exist so that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, the bid of Powers Fence Company of Roanoke, Inc., to provide and install in full accordance with the City's specifications made therefor and with said bidder's proposal, security boundary fencing at Roanoke Municipal Airport for the net cost of $42,240.00, to be paid by the City, having been accepted by the Council by Ordinance No. 21604 adopted June 17, 1974, the City Manager and the City Clerk be and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, a requisite contract with the aforesaid successful bidder, the same to incorporate the terms and conditions of Ordinance No. 21604, 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 appropriated by the Council for the purpose. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21684. AN ORDINANCE amending Ordinance No. 21605 by authorizing the City Manager and the City Clerk to enter into written contract on behalf of the City of Roanoke with Cross Electric Company, Inc., for provision of additional ramp lighting at the Roanoke Municipal Airport; and providing for an emergency. WHEREAS, Ordinance No. 21605, adopted June 17, 1974, accepted the bid of Cross Electric Company, Inc., to provide improvements at the Roanoke Municipal Airport hereinafter referred to, and authorized the City Purchasing Agent, upon approval by the Federal Aviation Administration of a certain grant application for ADAP-8-51-0045-03-74, to issue a purchase order for said additional ramp lighting; and WHEREAS, the approval of Federal Aviation Administration having been received by the City, it is considered more proper that the City's contractual arrangements with the aforesaid contractor be entered in the form of a constructior contract, rather than by purchase order issued by the City Purchasing Agent; and WHEREAS, for the usual daily operation of the municipal government and its Roanoke Municipal Airport, an emergency is deemed to exist so that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, the bid of Cross Electric Company, Inc., to provide and install in full accordance with the City's specifications made therefor and with said bidder's proposal, additional ramp lighting at Roanoke Municipal Airport for the net ATTEST: cost of $27,770.00, tO be paid by the City, having been accepted by the Council by Ordinance No. 21605, adopted June 17, 1974, the City Manager and the City Clerk be and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, a requisite contract with the aforesaid successful bidder, the same to incorporate the terms and conditions of Ordinance No. 21605, 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 appropriated by the Council for the purpose. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21685. A RESOLUTION providing for the City's purchase of the five shares of capital stock of Greater Roanoke Transit Company. WHEREAS, Greater Roanoke Transit Company having been issued a certificat( of incorporation as a public service corporation for the purpose of providing mass transportation services and is, by its articles of incorporation, authorized to issue an aggregate of five shares of common stock, to have a par value of $1.00 per share but without profit accruing to any stockholders by dividend; and WHEREAS, it is the sense of this Council that the City of Roanoke offer to purchase and acquire all aforesaid five shares of capital stock of said Company, at a price equal to par value of said shares, and the Council has appropriated funds sufficient for said purpose. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized and directed to offer to the Board of Directors of Greater Roanoke Transit Company to purchase for and on behalf of the City of Roanoke, when the same shall have been duly authorized to be issued, the five shares of common capital stock, authorized to be issued by said Company, and to pay therefor the sum of $1.00 per share for said stock; and that, upon acceptance of said offer the Director of Finance be and is hereby authorized and directed to issue and deliver to said Company the City's check in the sum of $5.00, in payment of the aforesaid purchase price. ATTE S T: ~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21686. AN ORDINANCE amending and reordaining Sec. 4 of Chapter 1, Title XVII, of the Code of the City of Roanoke, 1956, as amended, relating to work performed in streets, generally, by requiring evidence of insurance of those performing certain such work; and providing for an emergency. WHEREAS, for the immediate preservation of public peace and safety, an emergency is deemed to exist so that this ordinance be in force and effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 4. Work in streets generally, of Chapter 1. Public Streets In General, Title XVII. Streets, Sidewalks and Sewers, of the Code of the City of Roanoke, 1956, as amended, and said section is hereby amended and reordained to read and provide as follows: Sec. 4. Work in streets ~enerall~. (a) When permission is granted any railroad, gas, telegraph, telephone or other company, or individual, to build railways, erect poles, lay pipes, or do any other work in the streets necessary to the conduct of its or his business, said work shall be done in such a manner and according to such rules and regulations as may be herein provided, or as the council may from time to time prescribe. In no case shall such work be done in such a manner as to unduly ob- struct the streets or to endanger persons or property on the same. It shall be the duty of the city manager to cause the abatement of any nuisance arising by a violation of this section, at the expense of the person causing or permitting the same, and such person shall be fined fifty dollars for each day said nuisance shall continue, after being notified by the city manager to abate the same. 1.7 (b) When building, construction or demolition operations on private property are authorized under this code to be permitted, in whole or in part, from or upon portions of public streets, alleys or other public ways, whether or not the same be temporarily Closed or partially closed in order to allow of such operations, and such operations involve or require the use of ma- chinery or equipment such as, but not limited to, elevators, cranes, derricks and similar equipment operated from positions in or over such streets, sidewalks, alleys or other public areas or from positions so as to extend or to extend loads over public streets, sidewalks, alleys or other public areas or over properties not a part of the property or site upon which such construction or demolition operations are being performed, no such permission shall be granted by the city manager or other official of the city and no such operations shall be performed or be permitted to continue until the person, firm or corporation directly responsible for performance of the same shall have filed with the commissioner of buildings, in addition to such other security or insurance as may be required by any other provision of this code, written evidence of standard form public liability insurance issued by some company licensed to transact in- surance business in the State of Virginia, insuring such person, firm or corporation against liability for personal injury or death for not less than $100,000.00 for any one person and for not less than $500,000.00 for any one accident or occurrence and for not less than $100,000.00 for property damage occurring as a result of such aforesaid operations, with the City of Roanoke to be named as an additional insured in every such policy of insurance. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21687. A RESOLUTION reaffirming the intention of the City of Roanoke to enter into the Roanoke Valley Regional Landfill Agreement with other local governmental subdivisions, and extending to said other governmental subdivisions certain assurances of understanding pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that the authority heretofore granted the Mayor and the City Clerk, respectively, to enter into the Roanoke Valley Regional Landfill Agreement as set forth in Ordinance No. 20758, is reaffirmed and continued. 18 BE IT FURTHER RESOLVED that the City of Roanoke, upon execution of the Roanoke Valley Regional Landfill Agreement and the establishment of the Roanoke Valley Regional Solid Waste Disposal Board, will offer for use to said Board as a regional landfill, that certain 261.25 acre tract of land located in the southeast section of Roanoke County, upon the terms and conditions set forth in the Roanoke Valley Regional Landfill Agreement. BE IT FURTHER RESOLVED that the City of Roanoke, considering the suitability of the aforesaid 261.25 acre tract of land as a landfill particularly suited by location to the needs of the City of Roanoke, and to areas and governmen~ subdivisions in the easterly portion of the region to be served, recognizes that said site may not be equally suitable for the needs of other governmental entities signatory to the Roanoke Valley Regional Landfill Agreement, and does, therefore, assure all other governmental entities joining in the Roanoke Valley Regional Landfill Agreement that the City of Roanoke will remain receptive to the use of other sites and locations within the territorial limits of the parties signatory to the Roanoke Valley Regional Landfill Agreement, in addition to the aforesaid 261.25 acre tract, for use as regional sanitary landfills. BE IT FINALLY RESOLVED that the City Clerk be and she hereby is directed to forthwith transmit attested copies of this resolution to the governing bodies of the City of Salem, the County of Roanoke and the Town of Vinton. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21688. A RESOLUTION approving the City Manager's issuance of Change Order No. 1, in connection with the City's contract for the construction of chlorination facilities at the City's Carvins Cove Filter Plant. WHEREAS, the City Manager, in report to the Council dated July 8, 1974, has recommended that the Council approve the issuance of a change order to the City's agreement with Brock and Davis Company, Incorporated, Waynesboro, Virginia, to provide for the removal of an existing window between the existing and new chlorination room and to have that opening bricked-up, the estimated cost of the removal of the existing window, lintels and brick changes being $600.00; and WHEREAS, the Council is of opinion that the change proposed is desirable and accordingly, concurs in said proposal. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on behalf of the City, Change Order No. 1, to the City's contract with Brock and Davis Company, Incorporated, Waynesboro, Virginia, for the construction of chlorination facilities at the City's Carvins Cove Filter Plant, and to provide for the removal of the existing window, lintels and brick changes at an increase in the contract price of $600.00, and to be accomplist within the original time of completion. APPROVED ATTEST: ~/~_~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21689. AN ORDINANCE to amend and reordain Section #896, "Transportation," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSPORTATION # 896 Fees for Professional and Special Services (1) ...................... $6,793.82 (1) Net increase $6,793.82 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor 19 20 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21690. AN ORDINANCE to amend and reordain Section #347, "Fire Department," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 Department," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FIRE DEPARTMENT #347 Salaries and Wages (1) .................... $1,738,922.00 (1) Net decrease $576,342.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1974. No. 21691. AN ORDINANCE to amend and reordain certain sections of the 1974- 75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: REVENUE SHARING TRUST (1) FIRE DEPARTMENT #347 Salaries & Wages (2) (1) Net decrease (2) Net increase -0- ..................... $2,315,264.00 $576,342.00 $576,342.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of July, 1974. No. 21692. AN ORDINANCE to appropriate to the City of Roanoke's 1974-75 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 1974-75 Grant Program Account be amended to read as follows, in part: GRANT NO. 74-A2454, LAW INTERNS, CIRCUIT COURT AND COMMONWEALTH ' S ATTORNEY Law Interns .......................... $5,100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of July, 1974. No. 21693. 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. 1 22 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-A2454 for implementation and continuati~ 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. 74-A2454 be accepted upon such special conditions aforesaid, in which recommendati, 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- A2454 for Federal funds in the amount of $4,845.00 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 $5,100.00; 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: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of July, 1974. No. 21694. AN ORDINANCE to amend and reordain a certain section of the 1974- 75 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 a certain section of the 1974-75 General Fund Appropriation Ordinance, be, a~ the same is hereby, amended and reordained to read as follows, in part: 929 Commonwealth's Attorney - Investigator (1) ...... $10,397.76 (1) Net increase $10,397.76 ~n BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of July, 1974. No. 21695. AN ORDINANCE to amend and reordain Section #896, "Transportation," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSPORTATION #896 Contractual Services (1) .................. $252,000.00 (1) Net increase $36,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of July, 1974. No. 21696. AN ORDINANCE conditionally amending paragraphs (1) and (15) of the contract dated August 1, 1951, between the City of Roanoke and Roanoke Railway & Electric Company and Safety Motor Transit Corporation, relating to public bus transportation, so as to provide for payment by the City to Roanoke City Lines, Inc., of certain sums for the month of July, 1974, and thereafter until such contract be further amended or terminated as herein provided; and providing for an emergency. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that certain contract dated August 1, 1951, between the City of Roanoke and Roanoke Railway & Electric Company and Safety Motor Transit Corporation be, and the same hereby is, amended so as to read and provide as follows: (1) The City of Roanoke shall pay to Roanoke City Lines, Inc., successor in interest to the com- panies, the sum of $24,000.00 for the period commencing July 1, 1974, and ending July 31, 1974, except that such period may be extended as provided in paragraph (15) as amended. (15) This contract together with all privileges, rights, duties and obligations under it and with the City's obligation herein undertaken to pay to Roanoke City Lines, Inc., the sum of $24,000.00 per month for each full calendar month during which said corporation provides the bus transportation service provided for herein shall continue and be extended on and after July 31, 1974, from month to month until the same be terminated at the end of any calendar month upon one (1) month's prior written notice of either party given to the other party of such termination; and provided, further that notwithstanding the provisions contained in this paragraph this contract shall terminate on the 31st day of December, 1974. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect upon its passage, provided, however, that the amendments hereinabove authorized to be made to said contract shall not become fully effective until an attested copy of this ordinance, in duplicate, shall have been endorsed by Roanoke City Lines, Inc., successor in interest to Roanoke Railway & Electric Company and Safety Motor Transit Corporation, by said Company's duly authorized representative, as evidence of said company's agreement to its adoption and the amendments of the aforesaid contract to the extent provided for herein. APPROVED Deputy City Clerk Mayor This ordinance is hereby endorsed by Roanoke City Lines, Inc., successor in interest to Roanoke Railway & Electric Company and Safety Motor Transit Corporation as evidence of said company's acceptance and approval thereof. Dated: Signed: ROANOKE CITY LINES, INC., successor in interest to Safety Motor Transit Corporation and Roanoke Railway & Electric Company By President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of July, 1974. No. 21697. ATTEST: A RESOLUTION relating to the City's acquisition of certain real estate needed to be acquired for the operation of public bus transportation faciliites. WHEREAS, agreeable to authority given by the City Council, an organizati< is being formed to provide and operate public mass transportation services in the City and adjacent areas of the Roanoke Valley, to be in part accomplished by acquiring certain existing buses and equipment and facilities of Roanoke City Lines, Inc., and of other existing transportation companies; and WHEREAS, upon such acquisition, certain lands, buildings and other improvements will be needed for the purpose of servicing, maintaining and storing the aforesaid buses and equipment. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized and directed to enter into negotiations with Roanoke City Lines, Inc., for the purpose of acquiring for the City of Roanoke, by purchase from said company, or from the lawful owners of the property, all of the real estate and the buildings and improve- ments located thereon which are situate in the southeast section of the City and are presently used for the maintenance, servicing and storage of the buses and public transportation facilities of said Roanoke City Lines, Inc., and to obtain from said owner or owners an offer of the terms upon which said real estate and improvements may be purchased by the City. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of July, 1974. No. 21698. A RESOLUTION relating to participation in consolidation agreement and referendum with the Town of Vinton; and directing the City's counsel to proceed with the trial of certain pending annexation cases. WHEREAS, by letter dated July 18, 1974, the Honorable G. W. Nicks, Mayor of the Town of Vinton, transmitted a copy of Resolution No. 547 of the Town Council of the Town of Vinton, which resolution and communication request that the City of Roanoke appoint two members to a committee to discuss and investigate the possibility of a consolidation agreement and subsequent referendum of certain local governing bodies in the Roanoke Valley; and WHEREAS, there are pending in the Circuit Court of the County of Roanoke certain annexation cases involving the territory of Roanoke County, all of which have been consolidated for hearing and trial in said Court and this Council is of opinion that said cases would be best resolved by said Court. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the aforesaid Resolution No. 547 of the Town Council of the Town of Vinton and the communication of July 18, 1974, aforesaid, be and the same are hereby received and filed. BE IT FURTHER RESOLVED that the City's counsel be directed to proceed to expeditious conclusion the trial of those several annexation cases pending in the Circuit Court of the County of Roanoke. BE IT FURTHER RESOLVED that the City Clerk do transmit attested copies of this resolution to the Honorable G. W. Nicks, Mayor of the Town of Vinton, and to appropriate representatives of other involved governing bodies in the Roanoke Valley, and to the City's annexation counsel. ATTEST APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of July, 1974. No. 21701. AN ORDINANCE authorizing the construction of sanitary sewer mains and laterals to serve certain properties in the Fairland Lakes and Glenavon sections of the City, one-half of the total cost of which is proposed to be assessed upon the abutting landowners when the cost shall have been ascertained and the other proceedings held as provided by law; creating a committee to ascerta~ the cost of such improvements and to apportion and assess such cost equally between the City and abutting landowners who may be served by said sewer, and before whom said landowners may appear with reference to such apportionment or assessments; providing for notice to abutting landowners of the hearing or hearings before said committee; and providing for an emergency. WHEREAS, a public hearing having been held before the Council on July 29, 1974, as provided 'and in accordance with the provisions of Article 2, Chapter 7, Title 15.1, of the Code of Virginia, 1950, on the question of construct~ the public sanitary sewer improvements hereinafter described, the cost of which is proposed to be apportioned and assessed equally between the City and the landowners abutting said improvements and to be served thereby, no such assessment, however, to be made in excess of the peculiar benefits resulting therefrom to such abutting landowners; and WHEREAS, at the conclusion of the aforesaid public hearing it is the opinion of the Council that the proposed sewer improvement should be ordered, the Council deeming the same to be of general benefit to all of the properties abutting thereon which may be served thereby; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the construction of a public sanitary sewer line and laterals to serve certain properties in the Fairland Lakes and Glenavon sections of the City, the cost of which improvements, when the same shall have been ascertained, shall be apportioned or assessed equally between the City and the landowners served thereby, be, and said pubic improvement project is hereby authorized and, when the plans therefor have been finalized, the City Manager is authorized and directed to advertise for bids for the construction thereof. 2. That Sam H. McGhee, Assistant City Manager, Cabell J. Fearn, Director of Technical and Administrative Planning, Charles H. Gutshall, City Engineer, A. N. Gibson, Director of Finance, and Richard B. Turpin, Director of Public Works, are hereby appointed and shall constitute a committee to which ng is hereby referred the matter of the aforesaid public improvement, the cost of which, when the same shall have been ascertained by said committee, is to be properly apportioned and assessed equally between the City and the abutting landowners served thereby, as provided by law. 3. That the City Manager cause plans and specifications to be prepared for the aforesaid improvement and estimates to be made of the total cost thereof and, thereafter, to cause advertisement to be published for bids for the making of said improvements. 4. That the aforesaid committee shall, after conducting a hearing or hearings as provided by law, ascertain and report to the Council the proper apportionment and proposed assessment of the total cost of such improvement between the City and the landowners abutting on and served by said improvement; said committee, prior to such hearing or hearings, to notify said abutting landowners when and where they may appear before said committee to show cause, if any, they or any one of them can, against such apportionment or assessment, such notice to be given by one or more of the methods provided in the aforesaid statute, as to which method said committee may decide and direct. 5. Upon completion of such hearing or hearings, the said committee shall make a written report of its findings and recommendations to this Council. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of July, 1974. No. 21702. AN ORDINANCE to amend and reordain certain sections of the 1974- 75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: ¸29 SCHOOLS - SECOND STEP - TITLE I, P.L. 89-10 WINTER 1973 #16000 Second Step - Title I, P.L. 89-10 Winter 1973 ............................. $ 53,754.12 SCHOOLS - SPECIAL PURPOSE GRANT, TITLE II 1973-74 #19000 Special Purpose Grant .................... $ 11,991.61 SCHOOLS - TITLE I, SUMMER 1974, P.L. 89-10 #34000 Summer 1974, P.L. 89-10 .................. $154,431.02 SCHOOLS - TITLE VII, E.S.A.A., P.L. 92-318 1973-74 #21000 E.S.A.A .................................. $ 51,074.96 SCHOOLS - STUDENT JOB PLACEMENT 1973-74 #22000 Student Job Placement .................... $ 5,118.92 SCHOOLS - EMERGENCY SCHOOL AID ACT, P.L. 92-318 1973-74 #36000 Emergency School Aid Act ................. $316,098.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of July, 1974. No. 21703. AN ORDINANCE authorizing the proper City officials to accept from Double T Corporation, and cause to be recorded, a deed donating a forty (40) foot wide easement to the City for water line extension purposes over certain real estate belonging to said corporation, in Roanoke County for the nominal consideration of Ten Dollars ($10.00); and providing for an emergency. WHEREAS, Double T Corporation, and others, have offered to donate to the City a 40-foot wide easement for water line extension purposes over a portion of real estate located north of Hershberger Road in the County of Roanoke, and has delivered to the City a proper deed of easement in the premises; 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. 30 ATTEST: 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 water line extension purposes over a 40- foot wide strip of land belonging to Double T Corporation, said easement to extend northeasterly from the north line of Hershberger Road approximately 720 feet, the location of said easement being shown on a plat made by Raymond C. Weeks, Certified Land Surveyor, dated June 14, 1974. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of July, 1974. No. 21704. AN ORDINANCE to amend and reordain Section #550, "Municipal Airport Fund," of the 1974-75 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 #550, "Municipal Airport Fund," of the 1974-75 Municipal Airport Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL AIRPORT FUND #550 Terminal Building Addition (1) ........................ $6,359.51 (1) Net increase $6,359.51 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Deputy City Clerk Mayor 31 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of July, 1974. No. 21705. AN ORDINANCE authorizing the issuance of Change Order No. 3. to the City's contract with Watts and Breakell, Inc., authorized by Ordinance No. 20659, for certain alterations and additions to the Terminal Building at Roanoke Municipal Airport, upon certain terms and conditions, by providing for reduction of the amount of retainage to be held by the City under the terms of the contract until its full completion; and providing for an emergency. WHEREAS, the City Manager, in report to the Council dated July 29, 1974, has recommended that the Council approve the issuance of a change order to the City's construction contract with Watts and Breakell, Inc., dated January 17, 1973, so as, by modification of certain of the terms of said contract to provide for a reduction of the amount of the contract price which is provided to be held by the City out of payments otherwise due said contractor until full performance of the contract, advising the Council that the major portion of the work required to be done under the contract by said contractor has been performed and that a large portion of the work is now under beneficial use and occupancy by the City; and WHEREAS, the Council is advised that the contractor is willing and desirous of the issuance of said change order; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on behalf of the City, Change Order No. 3. to the City's contract dated January 17, 1973, with Watts and Breakell, Inc., for certain alterations and additions to the Terminal Building at Roanoke Municipal Airport, said change order to provide for reduction from ten percent, (10%), to percent ( %), the amount of the payments heretofore or hereafter to become due said contractor out of the contract price to be retained by the City, until said contract shall have been fully performed by the contractor and the work shall have been accepted by the City; such change order to be upon form approved by the City Attorney. BE IT FURTHER ORDAINED that an emergency exists, and that this ordinance be in full force and effect upon its passage. APPROVED ATTEST Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of July, 1974. No. 21707. 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 drug abuse prevention, treatment and control 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 Preven- tion an application for the continuation of 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-A2390 for the continuation of a drug abuse prevention, treatment and control program subject to the acceptance, execu- tion and filing by the City of the "Special Conditions for Action Grant Awards"; said Grant totaling $46,405.00 with $41,765.00 from DJCP Block funds, $2,320.00 from DJCP General fund appropriation, and $2,320.00 from RADACC local funds; and WHEREAS, the City Manager recommends to the Council that Grant No. 74-A2390 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. 74-A2390 to be used to aid and implement a drug abuse prevention, treatment and control program in the City; and 2. That the said City Manager be and he is further authorized and directed to enter into an agreement, approved as to form by the City Attorney, with the Roanoke Area Drug Abuse Control Council to perform the services necessary to implement the grant project and to provide all records required, necessary and pertinent to enable the City to make such assurances, representations and agree- ments to conditions as are required of recipients of grants of such Federal funds and to further require a fidelity bond in favor of the said City in the premises; and 3. That the City Manager or his successor in office is further directed to furnish such additional information as may be required by the Division of Jus- tice and Crime Prevention in connection with the City's aforesaid acceptance of said grant or with such project. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of July, 1974. No. 21708. AN ORDINANCE establishing a central absentee voter election district in the Courthouse building in the City of Roanoke; amending Chapter 2. Precincts a] voting places, of Title IV. Elections of the Code of the City of Roanoke, 1956, as amended, by the addition of a new section to be numbered Sec. 69. providing for establishment of a central absentee voter election district in the Courthouse Building in the City; and providing for certain notifications to be given; and providing for an emergency. WHEREAS, the Electoral Board for the City of Roanoke has recommended to the Council implementation of provisions contained in §24.1-233.1 of the Code of Virginia as amended by Chapter 428 of the 1974 Acts of Assembly, permittin of the establishment of a central absentee voter election district in the courthouse or other public building of each city, town or county; and WHEREAS, the Electoral Board recommending to the Council that immediate action be taken so as to permit the use of the new central absentee voter election district for the General Election to be held in the City November 5, 1974, the Council, for the usual daily operation of the municipal government, deems an emergency 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 a central absentee voter election district be and is established in the Courthouse 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 §24.1-233.1 of the Code of Virginia as amended by Chapter 428 of the 1974 Acts of Assembly of Virginia. .d BE IT FURTHER ORDAINED that Chapter 2. Precincts and voting, places, of Title IV. Elections 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. 69. Central absentee voter election district, to read and provide as follows: Sec. 69. Central absentee voter election district. Pursuant to provisions of ~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 elec- tions 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 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 inm~ediately 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; and 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. BE IT FINALLY ORDAINED that an emergency exists and that this ordinance be in force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of July, 1974. No. 21709. AN ORDINANCE amending Ordinance No. 21398, adopted March 4, 1974, providing for the City's acquisition of certain property wanted and needed as part of the site for a publicly owned off-street parking facility, in the City of Roanoke, by authorizing payment of the sum of $96,000.00 as a purchase price therefor; and providing for an emergency. WHEREAS, Ordinance No. 21398 authorized the City Manager to seek to attempt to acquire for the City as a site for the publicly owned off-street parking facility the property hereinafter described and, in so doing, to offer on behalf of the City a purchase price of $89,700.00; and WHEREAS, the City Attorney, reporting to the Council under date of July 29, 1974, the City Manager concurring, has advised the Council that the aforesaid offer is unacceptable to the property owners who, however, have stated a willingness to sell and convey said property for a cash consideration of $96,000.00, which proposal said City Attorney and City Manager advise is not considered by them to be excessive, and to have their recommendation for acceptance; and WHEREAS, a sum sufficient to pay the purchase price hereinafter provided has been or is being appropriated by the Council for the purpose; and it is deemed necessary by the Council, 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 of Roanoke wants and needs to acquire as part of the site for the publicly owned off-street parking facility the fee simple, unencumbered title to the following parcel of land situate in the City of Roanoke, viz: Lot 16, Block 12, S.W.1, Official Survey, bearing Official No. 1011613, according to the Tax Appraisal Maps of the City of Roanoke, and said City Manager is hereby authorized and directed to offer on behalf of the City to George B. Lawson, Jr., Katherine Lawson, and Julia Lawson Goodridge, the owners of said land, a consideration of $96,000.00, cash, for conveyance to the City of the fee simple, unencumbered title to said land, or to pay said sum into the Court wherein certain condemnation proceedings for the acquisition of said land are presently pending. BE IT FURTHER ORDAINED that upon acceptance of such offer, upon delivery to the City of a good and sufficient deed of conveyance, approved as to form by the City Attorney, the Director of Finance is hereby directed to issue and deliver to the party certified by the City Attorney to be owner of said land the City's check in the sum hereinabove set out, in payment of the aforesaid consideration. BE IT FURTHER ORDAINED, that Ordinance No. 21398, adopted March 4, 1974, be amended to the extent hereinabove provided; and, further, that an emergency exists and that this ordinance shall be in force and effect upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF T~E CITY OF ROANOKE, VIRGINIA, The 29th day of July, 1974. No. 21710. AN ORDINANCE to amend and reordain Section #108, "Treasurer," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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, "Treasurer," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TREASURER #108 Salaries and Wages (1) ..................... $133,324.00 (1) Net decrease $2,980.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of July, 1974. No. 21711. AN ORDINANCE to appropriate to the City of Roanoke's 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. ¸37 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's Grant Program Account be amended to read as follows, in part: PUBLIC EMPLOYMENT PROGRAM #972 Summer Program for Economically Disadvantaged Youth (1) ..................... $279,800.00 (1) Net increase $166,120.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 1974. No. 21699. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet Numbers 406 and 404, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property fronting in the 1700 Block of Hamilton Terrace, S. E., and the 1600, 1700 and 1800 Blocks of Belleview Avenue, S. E., designated on Sheets 406 and 404 of the Tax Appraisal Map of the City of Roanoke, Virginia, as Parcel Num- bers 4060201, 4040831, 4040830, 4040829, 4040828, 4040827, 4040826 and 4040833, excluding that portion located above the northerly extended property line of Lot 1428, Hamilton Terrace Map, rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 29th day of July, 1974, 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 Sheets 406 and 404 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property fronting in the 1700 Block of Hamilton~Terrace, S. E., and the 1600, 1700 and 1800 Blocks of Belleview Avenue, S. E., designated on Sheets 406 and 404 of the Tax Appraisal Map of the City of Roanoke, Virginia, as Parcel Numbers 4060201, 4040831, 4040830, 4040829, 4040828, 4040827, 4040826 and 4040833, excluding that portion located above the northerly extended property line of Lot 1428, Hamilton Terrace Map, be, and is hereby, changed from RD, Duplex Residential District, to C-2, General Commercial District, and that Sheets 406 and 404 of the aforesaid map be changed in this respect. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 1974. No. 21700. AN ORDINANCE permanently vacating, discontinuing and closing that certain! alley approximately ten feet in width and 294 feet long, extending parallel to McDowell Avenue, N. E., in an easterly direction from Seventh Street, N. E., to its intersection with the right of way line of the property of the Norfolk and Western Railway Company in the City of Roanoke, Virginia. WHEREAS, Exxon Corporation has heretofore filed its application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close that certain alley, approxi- mately ten feet in width and 294 feet long, extending parallel to McDowell Avenue, N. E., in an easterly direction from Seventh Street, N. E., to its intersection with the right of way line of the property of the Norfolk and Western Railway Company, more particularly described hereinafter; and WHEREAS, Exxon Corporation did on May 8, 1974, 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 elapsed since 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. 21528, dated May 20, 1974, to view said alley and to report in writing whether or not in their opinion any inconvenience would result from formally vacating, discontinuing and closing said alley; and WHEREAS, it appears from the written report of the viewers dated June 10, 1974, and filed with the City Clerk on June 12, 1974, that no inconvenience would result either to any individual or to the public from vacating, discontinu- ing and closing permanently said alley; and WHEREAS, Council at its meeting on May 20, 1974, referred said applica- tion to the City Planning Commission, which Commission by its report filed with the City Clerk on June 10, 1974, recommended that said alley be permanently vacated, discontinued and closed; and WHEREAS, a public hearing was held on said application for the Council at its regular meeting on July 29, 1974, after due and timely notice thereof by publication in The Roanoke World-News, at which hearing all parties and interested citizens were afforded an opportunity to be heard on said application; and WHEREAS, from all the foregoing, the Council considers that no inconven- ience would result to any individual or to the public from permanently vacating, discontinuing and closing said alley, as applied for by Exxon Corporation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the alley approximately ten feet in width and 294 feet long, extending parallel to McDowell Avenue, N. E., in an easterly direction from Seventh Street, N. E., to its intersection with the right of way line of the pro- perty of the Norfolk and Western Railway Company, which is more particularly des- cribed as follows: 39 40 BEGINNING at a point on the easterly side of Seventh Street, N. E., said point being along the easterly side of Seventh Street, N. E., S. 6© 40' E. 115.0 feet, more or less, from the intersection of the easterly side of Seventh Street, N. E., with the southerly side of McDowell Avenue, N. E.; thence with the southerly line of Lots 1 through 11, inclusive, Section 2, according to the map of the Exchange Building and Investment Company property which is recorded in the Clerk's Office of the Circuit Court of the City of Roanoke in Deed Book 82, Page 418 (Tax No. 3030201) in an easterly direction 294.36 feet, more or less, to a point on the westerly right of way line of the Norfolk and Western Railway Company; thence in a southwesterly direction with said right of way line ten feet, more or less, to a point, said point being the northeasterly corner of a parcel owned by Exxon Corporation acquired by deed dated January 28, 1893, of record in the aforesaid Clerk's Office in Deed Book 82, Page 416 (Tax No. 3030212); thence, with the northerly line of the aforesaid Exxon Corporation property in a westerly direction 291.08 feet, more or less, to a point on the easterly side of Seventh Street, N. E.; thence with the easterly side of Seventh Street, N. E., N. 6© 40' W. 10 feet, more or less, to the place of BEGINNING. be, and it hereby is, permanently vacated, discontinued and closed as a public alley; and that all right and interest of the City of Roanoke and the public in and to the same be, and it hereby is, released insofar as the City of Roanoke, Virginia, is empowered so to do, reserving, however, unto the City of Roanoke an easement for any sewer, lines or water mains and other public utilities that may now be located across said alley, together with the right of ingress and egress for the maintenance of said lines, mains or utilities. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "Permanently Vacated" on said alley on all maps and plats on file in his office on which said alley is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke 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 said alley 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 any party in interest who may request as grantee. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 1974. No. '21706. AN ORDINANCE authorizing the exchange of certain real property located in Roanoke County to the north of Hollins Road, N. E., between the City of Roanoke and Waddell Brothers Co., Inc.; authorizing the proper City officials to execute and deliver to Waddell Brothers Co., Inc., for and on behalf of the City, a proper deed to a parcel of land containing 458 square feet, in consideration of a general warranty deed, executed by Waddell Brothers Co., Inc., conveying to the City of Roanoke a parcel of land containing 702 square feet. WHEREAS, by letter dated April 1, 1974, Waddell Brothers Co., Inc., expressed a desire to grant and convey to the City certain real property here~aftel described in exchange for certain property owned by the City; and WHEREAS, the City has need for certain of the property now owned by Waddell Brothers Co., Inc., for a roadway to other property owned by the City of Ro.anoke, and the values of the properties proposed for exchange are considered to be substantially equal. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that upon execution and delivery to the City Attorney by Waddell Brothers Co., Inc., of a general warranty deed, in form to be approved by the City Attorney, conveying unto the City of Roanoke unencumbered fee simple title to the following property, situate in Roanoke County, Virginia, viz: Parcel A BEGINNING at an old iron on the north- western most corner of property now or formerly belonging to Waddell Brothers Co., Inc., bearing Official Tax No. 3140801; thence, along the north line of the Waddell Brothers' property, S. 57© 15' E., crossing an old city survey line at 6.33 feet, in all a total distance of 19.80 feet to a point; thence, with a new line through the Waddell Brothers' prOperty, S. 13© 02' W., 75.42 feet to an old iron; thence, along the former westerly line of the Waddell Brothers' property, surveyed by T. P. Parker, N. 0© 15' E., 84.20 feet to the PLACE OF BEGINNING, and containing 702 square feet, more or less, and shown in detail on Plan No. 5434, pre- pared in the Office of the City Engineer, Roanoke, Virginia, under date of May 3, 1974, a copy of which is attached to and made a part of this deed. that the Mayor and the City Clerk be, and they are hereby authorized, directed and empowered, for and on behalf of the City, to execute, seal and attest, respectively, and make available for delivery a deed prepared by the City Attorney conveying to the said Waddell Brothers Co., Inc., the following described property, situate in Roanoke County, viz: Parcel B BEGINNING at an old iron situate on the northwestern most corner of property now or formerly belonging to Waddell Brothers Co., Inc., bearing Official Tax No. 3140801; thence, S. 57© 15' E., crossing an old city survey line 6.33 feet, in all, a total distance of 19.80 feet to the actual PLACE OF BEGINNING; thence, with two new lines through property belong- ing to the City of Roanoke; thence, follow- ing three courses and distances: N. 13© 02' E., 6.08 feet to an iron; thence, S. 55© 39' E., 112.53 feet to an iron; thence, S. 46© 15' W., 2.65 feet to an old iron on the northeast corner of pro- perty now~or formerly belonging to Waddell Brothers Co., Inc.; thence, along the common line of property belonging to the City of Roanoke and Waddell Brothers Co., Inc.; N. 57° 15' W., 109.83 feet to the actual PLACE OF BEGINNING, and containing 458 square feet, more or less, and being shown in detail on Plan No. 5434, prepared in the Office of the City Engineer, Roanoke, Virginia, under date of May 3, 1974, a copy of which is attached to and made a part of this deed. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 1974. No. 21712. AN ORDINANCE to amend and reordain Section #43, "Schools," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #43, "Schools," of the 1974-75 Appropriation Ordinance be amended and reordained to read and provide as follows: SCHOOLS #43 Fees for Professional and Special Services .... $20,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 1974. No. 21713. AN ORDINANCE to appropriate to the City of Roanoke's 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 Grant Program Account be amended to read as follows, in part: GRANT #73-A2432, Roanoke City Juvenile and Domestic Relations District Court Courtroom Memory System ............... $ 5,700.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 1974. No. 21714. 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 Courtroom Memory System for the Juvenile and Domestic Relations District Court 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. 73-A2432 for providing a Courtroom Memory System 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"; said Grant totaling $6,000.00 with $5,400.00 from DJCP Block funds, $300.00 from DJCP General fund appropriation, and $300.00 from local funds; and WHEREAS, the City Manager recommends to the Council that Grant No. 73-A2432 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. 73- A2432 to be used to implement a Courtroom Memory System for the Juvenile and Domestic Relations District Court 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: ~~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 1974. No. 21715. AN ORDINANCE to appropriate to the City of Roanoke's 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 Roanoks's Grant Program Account be amended to read as follows, in part: GRANT #74-A2373, Police Training Program Police Training Program .................... $36,594.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance ATTEST: Deputy City Clerk Mayor APPROVED shall be in effect from its passage. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 1974. No. 21716. 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. 74-A2373 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 $38,500.00 with $34,668.00 from DJCP Block funds, $1,926.00 from DJCP General fund appropriati and $1,926.00 from local funds; and WHEREAS, the City Manager recommends to the Council that Grant No. 74-A2373 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. 74- A2373 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: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 1974. No. 21717. AN ORDINANCE authorizing the City Manager to enter into a Cooperative Agreement between the City and the United States Geological Survey to maintain an investigation of certain water resources and for the operation of gauging stations thereon for the period from July 1, 1974 to June 30, 1975, and thereafter, from year to year, subject to availability of appropriations; and providing for an emergency. WHEREAS, the preceding annual written agreement between the City and the United States Department of the Interior, Geological Survey, pursuant to which the parties have heretofore maintained and operated certain stream gauging stations has expired and the parties desire to enter into a new agreement, and to provide authority for entering into similar annual agreement hereafter so long as the Council annually appropriates funds to defray the cost to the City thereunder; and WHEREAS, funds have been appropriated by the Council sufficient for the purpose herein provided; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to enter into a new Cooperative Agreement with the Geological Survey, United States Department of the Interior, for the investigation of the water resources of Catawba, Tinker and Back Creeks for the period from July 1, 1974, to June 30, 1975, and annually thereafter, at an annual cost of $3,000.00 to each said party, so long as this Council appropriates the requisite sum to defray the City's contribution to said Cooperative Agreement in its annual Appropriation Ordinances; said annual agreements to be substantially upon the provisions contained in Form 9-1366 (Jan. 70) of said Department and on 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: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 1974. No. 21719. AN ORDINANCE authorizing the execution of a written agreement with the Commonwealth of Virginia, State Water Control Board providing for the installation of a flood alert monument to indicate flood levels, on an abutment of the Walnut Avenue, S. E. Bridge across Roanoke River; and providing for an emergency. WHEREAS, the Council is advised of the necessity to construct flood alert monuments at strategic places along Roanoke River so as to measure the stages of the flow of said river and, under flood conditions, to give warning of the possible flooding from said river; and the State Water Control Board, an agency of the Commonwealth, has proposed the construction of a flood alert monument at the location hereinafter provided; and WHEREAS, for the immediate preservation of the public health and safety 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 City Manager be and he is hereby authorized and empowered to enter into written agreement with the Commonwealth of Virginia, State Water Control Board, providing for said Board's construction and maintenance of a flood alert monument consisting of a 6-inch aluminum pole approximately 17 feet in height and with necessary braces therefor, to be attached to a northeast portion of the Walnut Avenue, S. E. Bridge abutment over Roanoke River, and on the easterly side thereof, the same to be within the right-of-way of said street and to be as is generally indicated on Plan No. 5439 prepared in the Office of the City Engineer under date of July 17, 1974, the said agreement to continue in force until terminated by either party at any time upon 60 days' written notice to the other, otherwise to be upon form approved by the City Attorney. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance be in force and effect upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 1974. No. 21720. AN ORDINANCE authorizing the issuance of Change Order No. 4 to the City's contract with Watts and Breakell, Inc., authorized by Ordinance No. 20659, for certain alterations and additions to the Terminal .Building at Roanoke Municipal Airport, by providing for certain additional miscellaneous work to be performed under the contract, but without change of the working time provided in the contract; and providing for an emergency. WHEREAS, the City Manager, in report to the Council dated July 29, 1974, has recommended that the Council approve the issuance of a change order to the City's construction contract with Watts and Breakell, Inc., dated January 17, 1973, so as, by modification of the contract, to provide for certain additional items of work to be performed by the contractor on work in progress at the Terminal Building at Roanoke Municipal Airport under said contract, advising that plans for the same have been prepared and that the City's contractor has agreed upon the value of all such additional work, and advising, further, that no additional time will be required to complete the same; and WHEREAS, the Council is of opinion that the changes proposed in such work are desirable for the reasons reported by the City Manager and, accordingly, concurs in said proposal and has appropriated a sum sufficient to defray the additional costs incurred by the change order herein authorized by the Council; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. 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. 4 to the City's contract dated January 17, 1973, with Watts and Breakell, Inc., for certain alterations, additions and deletions of the work to the Terminal Building at Roanoke Municipal Airport, said change order to provide for the following additional items: Miscellaneous alterations and additions as set forth in "Data for Change Order No. 4", dated July 22, 1974, from Sherertz, Franklin and Shaffner, Architects, Engineers and Planners Total Additonal Cost .............. $6,359.51 Original Contract Price Change Order No. 1 - Add $250,163.00 Change Order No. 2 - Add $ 13,744.16 Change Order No. 3 - (Reduction of Retainage) Change Order No. 4 - Add $ 6,359.51 $1,061,000.00 $ 270,266.67 ATTEST: New Total Contract Price $1,331,266.67 BE IT FURTHER ORDAINED that the City Manager and the Council's Airport Advisory Commission be and are requested to consider and make recommendation to the Council on the advisability of providing suitable flagpoles at or near entrances to the remodeled Terminal Building. BE IT FINALLY O~AINED that an emergency exists, and this ordinance be in full force and effect upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROanOKE, VIRGINIA, The 5th day of August, 1974. No. 21721. A RESOLUTION combining the Legislative Advisory Committee and the Committee to Study Proposed City Charter Changes heretofore established by the Council of the City of Roanoke; and amending Resolution No. 20693 to the extent of its inconsistency herewith. WHEREAS, the Council is of opinion that the Legislative Advisory Committee and the Committee to Study Proposed City Charter Changes should be combined into a single committee as recommended by Councilman William S. Hubard by report dated July 22, 1974. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council concurs, generally, with the report of Councilman William S. Hubard made July 22, 1974, and that the Legislative Advisory Committee and the Committee to Study Proposed City Charter Changes be and are hereby combined; that said committee shall hereafter be known as the "Legislative and Charter Advisory Committee"; and that said Committee shall be initially constituted in accordance with and as recommended in the aforesaid report of Councilman William S. Hubard of July 22, 1974, a copy of which is on file in the Office of the City Clerk. ATTEST APPROVED Deputy City Clerk Mayor 49 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1974. No. 21718. AN ORDINANCE authorizing and providing for execution of a supplemental ag to the City's lease agreement dated August 26, 1969, with the United States Government, Federal Aviation Administration, providing for the leasing of additiona space in Building 91 at Roanoke Municipal Airport, in Roanoke County. WHEREAS, by Ordinance No. 18778, adopted July 7, 1969, the Council authorized the execution of a lease of approximately 174 square feet of space at the Roanoke Municipal Airport to the Federal Aviation Administration, and by Ordinance No. 20360, adopted July 10, 1972, authorized the execution of a supplemental agreement with said Agency, having the effect of adding to the premises leased and demised to that Agency under the aforesaid lease agreement on additional area containing approximately 145 square feet of space in said building, so that the entire of the premises demised under the lease consisted of Rooms 209 and 108 in said building and amounted to approximately 319 square feet of floor space; and WHEREAS, the Federal Aviation Administration has requested that the City lease to it by another supplemental agreement to be made to said lease as heretofore amended approximately 198 square feet of additional space in Building 91 at said airport, upon the terms and conditions hereinafter provided, which request the City Manager has recommended and in which the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of the United States Government, Federal Aviation Administration, to lease approximately 198 additional square feet of space, known as Room 122 in Building 91 at the Roanoke Municipal Airport, at the rate of $3.45 per square foot per annum be, and the same is hereby ACCEPTED; and the City Manager is hereby authorized and directed to execute, on behalf of the City, a second supplemental agreement to the basic lease agreement dated August 26, 1969, to become Supplement No. 2 to Lease No. DOT-FA70EA-5261, said supplemental agreement to amend said lease as heretofore supplemented in the following respects and in these, only, viz: 1. Effective as of July 1, 1974, Paragraphs 1, 3 and 9, of said lease are deleted and the following substituted therefore: ~eement The Lessor hereby leases to the Government the following described premises: Approximately 517 square feet of floor space located in Airport Building No. 1, Roanoke Municipal Airport, Roanoke, Virginia, des- cribed as follows: Room 209 containing approximately 174 square feet of floor space to be used as the Federal Aviation Administration's FSS Ready & Training Room. Room No. 108, containing approximately 145 square feet of floor space, to be used for the Federal Aviation Administration's Assistant Sector Manager's office. Room 122, containing approximately 198 square feet of floor space to be used as an office for additional personnel (two engineers and one technician-in-depth) assigned to the Federal Aviation Administration's Sector Manager's Office. e The Government shall pay the Lessor annual rent of $1,562.28 at the rate of $130.19 per month in arrears. ~ This lease may, at the option of the Govern- ment, be renewed from year to year at an annual rental of $1,562.28 and otherwise upon the terms and conditions herein speci- fied. The Government's option shall be deemed exercised and the lease renewed each year for one year unless the Government gives 30 days notice that it will not exercise its option, before this lease or any renewal thereof expires; PROVIDED, That no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of June, 19797 AN~ ~ROVIgE9 FURTHER, that adequate appropriations are available from year to year for the payment of rentals. BE IT FURTHER ORDAINED that all other terms and conditions of Lease No. DOT-FA70EA-5261 are hereby ratified and, except as hereinabove amended, shall be and remain the same. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1974. No. 21722. AN ORDINANCE authorizing and directing the Mayor of the City of Roanoke and the City Clerk, for and on behalf of the City of Roanoke, Virginia, to enter into and execute an Agreement with the City of Roanoke Redevelopment and Housing Authority carrying into effect the Redevelopment Plan for the City of Roanoke designated "Gainsboro Neighborhood Development Program, Program No. VA. A-6, for Year 1972-1973", and providing for an emergency. 51 WHEREAS, by Resolution No. 20491 adopted by the Council of the City of Roanoke on October 9, 1972, the Council of the City of Roanoke authorized and directed that an Agreement by and between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke be executed; and WHEREAS, by Resolution No. 20453 adopted by the Council of the City of Roanoke on September 11, 1972, the Council of the City of Roanoke approved a Redevelopment Plan prepared by the City of Roanoke Redevelopment and Housing Authority for the area in the northwest section of the City of Roanoke and desig- nated as the "Gainsboro Neighborhood Development Program, Program No. VA. A-6, for Year 1972-1973"; and WHEREAS, the Council of the City of Roanoke is desirous of assisting and cooperating with said Authority in carrying said Plan into effect and accord- ingly is willing to rescind the Agreement of October 9, 1972, and enter into a new Agreement with said Authority for that purpose; and WHEREAS, such an amended Agreement has been prepared and is hereafter set forth; 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. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1) That the Agreement dated October 9, 1972, by and between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke be and said Agreement is, hereby, rescinded. 2) That in order to carry into effect the Redevelopment Plan prepared by the City of Roanoke Redevelopment and Housing Authority, designated "Gainsboro Neighborhood Development Program, Program No. VA. A-6, for Year 1972-1973", this Council doth hereby approve an Agreement between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke in the following words and form; that is to say: AMENDED AGREEMENT THIS AMENDED AGREEMENT, entered into this 12th day of August, 1974, by and between the City of Roanoke Redevelopment and Housing Authority, a duly organ- ized and existing body politic of the Commonwealth of Virginia, (herein called the "Authority"), and the City of Roanoke, a municipal corporation of the Commonwealth of Virginia, (herein call the "City"), WITNESSETH THAT: WHEREAS by Resolution adopted on September 11, 1972, the Council of the City approved a Redevelopment Plan adopted by the Authority, designated "Gainsboro Neighborhood Development Program, Program No. VA. A-6, for Year 1972- 1973"; and WHEREAS said Plan contemplates the acquisition by the Authority of land within the Program area as shown on the "Land Use Plan" attached thereto as Exhibit No. 1, the clearance of the improvements thereon and the sale and reuse of portions thereof for Residential, Commercial, Light Industrial, Institutional and Public purposes, which uses have been determined by the City to be in accord- ance with certain definite local objectives as to appropriate land uses, all as set forth in said Plan; and WHEREAS in order for the Authority to effectuate said Plan, the assist- ance of both the Federal Government and the City is required on an annual basis: namely, of the Federal Government by lending funds needed to defray the gross cost of the Program, and upon completion of each Program action year and repayment of such loan, by contributing two-thirds of the net cost of the Program; and of the City, by making certain local grants-in-aid (as specified in Title I of the Housing Act of 1949, as amended), as hereinafter provided, in a total amount equal to one-third of the net Program cost incurred during the Program action year; and WHEREAS the Authority has applied to the Federal Government for finan- cial assistance under said Title I, and it now devolves upon the City to take certain actions and to provide certain grants-in-aid which are estimated by the Authority to be required in the total amount of $1,445,926.00 to satisfy the City's one-third share obligation the City desires to have applied $948,161.00 of its non-cash grants-in-aid and credits. NOW THEREFORE, in consideration of the benefits to accrue to the City and its citizens from the Program, and of the mutual covenants hereinafter set forth, the Authority and the City agree as follows with respect to the 1972-1973 Program action year: A. Cash Grants-in-Aid The City agrees to pay the Authority the sum of $487,981.00 in cash by December 1, 1974. B. Non-Cash Grants-in-Aid In arriving at the sum of $487,981.00 the following credits have been allowed against the City's obligations of $1,445,926.00: 1. Credit for Donation of Land The City agrees to transfer to the Authority certain land in the Program area in fee simple, free and clear of all encumbrances, without cost to the Authority and within a reasonable time after request thereof by the Authority in order to facilitate carrying out the Plan and shall be credited with the fair market value presently estimated to be $10,450.00. Said land is identified as Parcels No. 1-1; 1-4; 2-1; 3-9; 8-22; 9-1; 10-11; 10-21; 12-25; 12-70; 12-72; and 16-73, shown on the "Property Map" and attached hereto as Exhibit 4A. 2. Credit for Removal of Water Meters by Cit~ The Authority agrees to give the City a non-cash grant-in-aid credit in the amount of $2,125.00 for re- moval of water meters within the Program area. C. Tax Credit The Authority agrees to give the City a credit against its cash grant-in-aid obligation in the amount of $9,784.00 in lieu of paying City real estate taxes on property it acquires during the 1972-1973 Program action year pursuant to this Plan. This credit was considered in eliminating the City's one-third share obligation. D. Street Vacation Should it become necessary during the 1972-1973 Program action year, the City, upon request of the Authority, will, insofar as it can lawfully do so, vacate any streets, roads, alleys or other public ways necessary to be vacated in furtherance of the Plan within the Program area as shown on the "Land Use Map." The City further agrees to vacate said Public ways at no cost or expense to the Authority, other than fees charged by the Attorneys of the Authority, fees to viewers, and the cost of advertising, and to cooperate with the Authority by taking such other lawful actions as may be necessary in the undertaking and carrying out the Program. E. Obligation Free of Interest The sums payable hereunder by either of the Parties hereto to the other shall not bear interest before the respective dates specified for payment. F. Adjustment of One-Third Share After all cash and non-cash grants-in-aid are made and/or provided for by the City under this Agreement, if the Authority determines that the sum of all such grants-in-aid are less than 55 one-third of the total actual net Program cost for the 1972- 1973 Program action year, the City shall pay the Authority the difference in cash, provided, however, that if the Authority determines that the grants-in-aid exceed the City's share of one-third of the total actual net Program cost for the 1972- 1973 Program action year, by operation of law or otherwise, the Authority shall apply the excess as credit against the City's obligations in the next Program action year, or by consent of both parties hereto, this Cooperation Agreement may be amended. IN WITNESS WHEREOF, the City, pursuant to the Authority granted by Ordinance No. 21722, adopted August 12, 1974, and the Authority, pursuant to Resolution of its Commissioners adopted the 8th day of August, 1974, have respectively caused this Amended Agreement to be duly executed as of the day and year first above written. CITY OF ROANOKE BY: Mayor ATTEST: CITY CLERK CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY ATTEST: BY: e SECRETARY That the Mayor of the City of Roanoke is hereby directed to execute said agreement and the City Clerk is also di- rected to affix the Seal of the City thereto and attest same, for and on behalf of the City of Roanoke. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance be in force and effect upon its passage. APPROVED ATTES T: ~ -.~., Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1974. No. 21723. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements Fund," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropria- tion Ordinance, be, and the same is hereby, amended and reordaine~ to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Kimball Off-Site Drainage (1) ............... $ -0- Kimball Redevelopment (2) ................... $ 48,213.00 Gainsboro Redevelopment (3) ................. $101,787.00 (1) Net decrease $150,000.00 (2) Net increase $ 48,213.00 (3) Net increase $101,787.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1974. No. 21724. AN ORDINANCE to amend and reordain certain sections of the Sewage Treatment Fund 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the Sewage Treatment Fund 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE #450 Chemical Treatment of Effluent (1) .......... $ -0- Kimball Redevelopment (2) ................... $111,428.00 Lick Run Improvements (3) ................... $ -0- Downtown East Redevelopment (4) ............. $ 28,700.00 Gainsboro Redevelopment (5) ................. $127,316.00 (1) Net decrease (2) Net increase (3) Net decrease (4) Net increase (5) Net increase ........ $111,428.00 ....... $111,428.00 $ 28,700.00 $ 28,700.00 $127,316.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1974. No. 21725. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements Fund," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Gainsboro Redevelopment (1) ..................... $206,299.00 Mill Mountain Improvements (2) .................. $ -0- Mackey Industrial Access Road (3) ............... $ -0- Kimball Interchange (4) ......................... $ -0- Hunton Drainage Project (5) ..................... $ -0- Central Business District (6) ................... $ -0- Elm Avenue Traffic Signals (7) .................. $ -0- S. W. Storm Drain (8) ........................... $ -0- Traffic Signals, Walnut & Franklin (9) .......... $ -0- Traffic Signals, Brandon & Colonial (10) ........ $ -0- (1) Net increase (2) Net decrease (3) Net decrease (4) Net decrease (5) Net decrease (6) Net decrease .... (7) Net decrease (8) Net decrease (9) Net decrease (10) Net decrease $206,299.00 --$23,659.10 --$ 63,802.39 $ 75,000.00 $ 19,950.00 ............... $ 4,300.00 .......... $ 11,457.82 ......... $ 6,108.06 ......... $ 1,711.74 ........... $ 309.89 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1974. No. 21726. AN ORDINANCE to amend and reordain certain sections of the Water Department 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the Water Department 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE #450 Virginia Avenue Pumping Station (1) .............. $60,000.00 Kimball Redevelopment (2) ........................ $14,035.00 Downtown East Redevelopment (3) .................. $68,825.00 Gainsboro Redevelopment (4) ...................... $52,579.00 (1) Net decrease (2) Net increase (3) Net increase (4) Net increase $60,000.00 $14,035.00 $68,825.00 $52,579.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1974. No. 21727. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements Fund," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriatic Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ATTEST: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Downtown East Redevelopment (1) .............. $468,906.11 (1) Net increase $22,195.30 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1974. No. 21728. AN ORDINANCE to appropriate to the City of Roanoke's 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 Grant Program Account be amended to read as follows, in part: NON-SUPPORT RESEARCH PROJECT #965 Salaries and Wages (1) ......................... $12,046.00 Automobile Allowance (2) ............ ~.. ......... $ 700.00 Contractual Services (3) ....................... $ 1,904.00 (1) 'Net increase (2) Net increase (3) Net increase $12,046.00 $ 700.00 $ 1,904.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1974. No. 21729. AN ORDINANCE to amend and reordain Section #122, "Commonwealth's Attorney of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 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) ........ $2,056.02 (1) Net increase $256.02 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1974. No. 21730. AN ORDINANCE to amend and reordain Section #537, "Public Assistance," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #537, "Public Assistance," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE #537 Aged Auxiliary Grant (1) ................. $268,225.00 Disabled Auxiliary Grant (2) ............. 234,945.00 Blind Auxiliary Grant (3) ................ 14,947.00 A B Purchased Services (4) ............... 12,000.00 General Relief (5) ....................... 420,000.00 (1) Net increase (2) Net increase (3) Net decrease (4) Net increase (5) Net increase- $96,377.00 81,781.00 1,477.00 7,800.00 30,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall De in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1974. No. 21732. AN ORDINANCE to amend and reordain Section #550, "Sewage Treatment Capital Improvements Fund," of the 1974-75 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, "Sewage Treatment Capital Improvements Fund," of the 1974-75 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT CAPITAL IMPROVEMENTS FUND 9550 Sewage Treatment Plant Expansion - 832 ............................ $2,254,000.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1974. No. 21733. AN ORDINANCE to amend and reordain Section %891, "Non - Departmental," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. T~EREFORE, BE IT ORDAINED by the Council of the City of _{oano~e that Section %891, "Non- Departmental," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON - DEPARTMENTAL # 891 O.A.R. of Roanoke, Incorporated .......... $1,800.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1974. No. 21734. AN ORDINANCE amending Ordinance No. 21398, adopted March 4, 1974, providing for the City's acquisition of certain property wanted and needed as part of the site for a publicly owned off-street parking facility in the City of Roanoke, by authorizing payment of the sum of $245,000.00 as a compromise purchase price therefor; and providing for an emergency. WHEREAS, Ordinance No. 21398 authorized the City Manager to seek to attempt to acquire for the City as a site for the publicly owned off-street parking facility the property hereinafter described and, in so doing, to offer on behalf of the City a purchase price of $230,650.00; and WHEREAS, the City Attorney and the City Manager, reporting to the Council under date of August 12, 1974, have advised the Council that, being at first unable to acquire said property by purchase from its owners and condemnation proceedings to acquire the same having been instituted, said owners have, in compromise, stated a willingness to sell and convey the fee simple, unencumbered title to said property for a cash consideration of $245,000.00, which proposal said City Attorney and City Manager advise is not considered by them to be excessive, and to have their recommendation for acceptance; and WHEREAS, a sum sufficient to pay the purchase price hereinafter provided has been or is being appropriated by the Council for the purpose; and it is deemed necessary by the Council, 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 proper city officials be and are hereby authorized and empowered to cause to be paid as full and complete consideration for the fee simple, unencumbered title to the property known as Lot 14, Block 12, S.W.1, Official Survey, bearing Official No. 1011611, according to the Tax Appraisal Maps of the City of Roanoke, the sum of $245,000.00 cash, said sum to be paid into the Court wherein the condemnation proceedings for the acquisition of said land are presently pending or to the owners of said land upon delivery of good and sufficient deed of conveyance to the City, as shall be determined by the City Attorney, provided possession of said property be delivered by said owners on or before the 31st day of August, 1974; and the Director of Finance is hereby directed to issue and deliver to the City Attorney, to be used in effecting the aforesaid acquisiton, the City's check or checks in payment of the aforesaid consideration, made payable as directed by said City Attorney. BE IT FURTHER ORDAINED, that Ordinance No. 21389, adopted March 4, 1974, be amended to the extent hereinabove provided; and, further, that an emergency exists and this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: ~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21731. AN ORDINANCE accepting the proposal of General American Transportation Corporation to continue to lease to the city six (6) rubber lined rail tank cars for use at the City's Sewage Treatment Plant upon certain terms and conditions; and authorizing the City's sublease of said tank cars to Wheeling-Pittsburgh Steel Corporation. WHEREAS, the City Manager, in report to the Council made August 12, 1974, has recommended that the City renew for a period of two (2) additional years commencing December 1, 1974, its lease made under date of October 22, 1973, with General American Transportation Corporation for the use of six of its rail tank cars for the purpose of transporting waste acid from various points to the City's Sewage Treatment Plant, advising the Council that said Company is willing to renewal of said lease at the rental rate heretofore agreed upon, namely, $212.50 per car per month during the additional term of the lease; recommending, further, that upon such agreement being entered into, the City sublease said tank cars to Wheeling-Pittsburgh Steel Corporation as has heretofore been done pursuant to the provisions of Resolution No. 21249; in both of which recommendations the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of General American Transportation Corporation, 380 Madison Avenue, New York, New York, for the leasing to the City of six (6) rubber lined rail tank cars having 10,000 gallon capacity, and each to be suitable for transporting waste muriatic acid to the City's Sewage Treatment Plant for a period of two (2) years, and at a monthly rental of $212.50 per car, in full accordance with the City's plans and specifications made therefor be accepted; and that the City Manager and the City Clerk are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, a requisite contract with the aforesaid company, the same to incorporate the terms and conditions of this ordinance, and the City's plans and specifications made for said equipment; said contract to be upon such form as is approved by the City Attorney. 2. That the City Manager be and he is hereby authorized to enter into written agreement with Wheeling-Pittsburgh Steel Corporation, upon form approved by the City Attorney, providing for the City's sublease to Wheeling-Pittsburgh Steel Corporation of the six (6) aforesaid rail tank cars leased by the City from General American Transportation Corporation when and if such tank cars shall have arrived at Wheeling-Pittsburgh Steel Corporation's Yorkville and/or Stueben- 65 ville, Ohio, plant and until each such car be delivered by said sublessee to a common carrier at a point for transportation in accordance with the City's shipping instructions, said sublease to provide for a consideration of $1.00 payable by the sublessee to the City, and to contain such other provisions and stipulations as are approved by the City Manager and the City Attorney. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21735. AN ORDINANCE to amend and reordain Section ~889, "Transfers to Capital Improvements Fund," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriatio~ Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Vocational Technical Center (1) ........... $918,000.00 Fallon Park Elementary School (2) ......... $315,000.00 (1) Net decrease ............... $315,000.00 (2) Net increase ........ $315,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21736. AN ORDINANCE to amend and reordain Section ~889, "Transfers to Capital Improvements Fund," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriati¢ Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND 9889 Vocational Technical Center (1) ......... $603,000.00 Oakland Elementary School (2) ........... $ 25,000.00 (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. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21737. AN ORDINANCE to amend and reordain Section #2200, "Schools - Craftsman- in-Residence Program," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #2200, "Schools - Craftsman-in-Residence Program," of the 1974-75 Appropri Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: .tion ATTEST: SCHOOLS - CRAFTSMAN-IN-RESIDENCE PROGRAM #2200 Schools - Craftsman-in-Residence Program ...$6,100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21738. AN ORDINANCE to amend and reordain Section #20000, "Schools - Work Incentive Program, Virginia Employment Commission," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Govern~n~ 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 #20000, "Schools - Work Incentive Program, Virginia Employment Commission," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - WORK INCENTIVE PROGRAM, VIRGINIA EMPLOYMENT COMMISSION #20000 Schools - Work Incentive Program, Virginia Employment Commission .................... $9,196.28 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21739. AN ORDINANCE to amend and reordain Section 944000, "Schools - Work Experience and Career Exploration Program - Addison Junior High School," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 944000, "Schools - Work Experience and Career Exploration Program - Addison Junior High School," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and. reordained to read as follows, in part: SCHOOLS - WORK EXPERIENCE AND CAREER EXPLORATION PROGRAM - ADDISON JUNIOR HIGH SCHOOL 944000 Schools - Work Experience and Career Exploration Program- Addison Junior High School ...... $14,962.40 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21740. AN ORDINANCE to appropriate to the City of Roanoke's 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 Grant Program Account be amended to read as follows, in part: GRANT 973-A2292, BETHANY HALL Bethany Hall ........................ $34,654.00 ATTEST: BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21741. 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 continue the operation of a halfway house for alcoholic women in the City. WHEREAS, pursuant to prior authority of ~nis 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. 73-A2292 to continue the operation of a halfway house for alcoholic women program subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and WHEREAS, the City Manager recommends to the Council that Grant No. 73-A2292, 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. 73-A2292 for Federal funds in the amount of $32,921.00 through said Division, to be used, along with certain other local funds and in-kind contributions, to continue the operation of a halfway house for alcoholic women program in the City. ¸7O ATTEST: 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 Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21742. AN ORDINANCE to amend and reordain Section #345, "Police Department," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT #345 Highway Safety Equipment ................ $12,475.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE S T:~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21743. AN ORDINANCE authorizing and directing acceptance of certain Federal highway safety grants offered to the City upon the terms and conditions contained in said offers; and providing for an emergency. WHEREAS, the City Manager has reported to the Council the award to the City of the two Federal highway safety grants hereinafter described, the total cost of the projects to be implemented thereunder amounting to $12,475.00, of which $6,238.00, cash, would be required to be expended from local funds which have been or are being appropriated for the purpose; and WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist in order that this ordinance be in 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 execute, in writing, acceptance of the following described Federal highway safety grants: (a) For Project No. AL75-128-003-101, for a camera, TV monitor, accessories and maintenance, at a total project cost of $5,115.00 of which the City's share in the cost would amount to $2,558.00 and the Federal share would amount to $2,557.00. (b) For Project No. PT75-128-014-101, for a vehicle, battery charger, measuring wheel, two walkie-talkies and two-way radio, at a total project cost of $7,360.00 of which the City's share in the cost would amount to $3,680.00 and the Federal share would amount to $3,680.00; and in such acceptance, to agree and commit the City to the provisions and conditions upon which said grants are offered, all upon form approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency exists and this ordinance shall be in effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21744. AN ORDINANCE to amend and reordain Section #345, "Police Department," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT #345 Salaries and Wages (1) ............... $2,278,921.00 (1) Net increase ............ $1,054.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21745. AN ORDINANCE authorizing and directing the City Manager to negotiate for and enter into a certain option agreement upon certain terms and conditions; and providing for an emergency. WHEREAS, by report dated August 12, 1974, the City Manager recommended to the Council that he be authorized to negotiate and enter into a certain option agreement on a certain 80-acre tract of land located in Roanoke County, Virginia, for a period of six months at a sum not to exceed $1500.00, in which recommendation this Council concurs; and WHEREAS, funds sufficient to pay the aforesaid option price have been or are simultaneously herewith being appropriated; and WHEREAS, for the usual daily operation of the municipal government and for the health and safety of the residents thereof, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to negotiate and enter into a six-month option agreement with Salem West Corporation whereby the City of Roanoke is granted an option on a certain 80-acre tract of land situate, lying and being in Roanoke County, Virginia, more particularly described as follows: BEING the property conveyed to Salem West Corporation by H. L. Ferguson and Mary E. Ferguson, his wife, by deed dated the 27th day of April, 1970, of record in Deed Book 894, page 444, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and situate on the westerly side of the Norfolk and Western Railway right of way and the southwesterly side of Mount Hope Branch, less and except a certain 75-acre parcel conveyed to the James E. Long Construction Company, Inc., of record in Deed Book 990, page 250, in the Clerk's Office, aforesaid, and containing 80 acres, more or less. ATTEST: BE IT FURTHER ORDAINED that the Director of Finance be and he hereby is, upon the execution of the aforesaid option agreement on form approved by the City Attorney, directed to pay to Salem West Corporation the sum of $1500.00. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21746. A RESOLUTION expressing the intention of Council to relinquish or assign a certain option agreement upon certain terms and conditions. WHEREAS, the City Manager has heretofore been authorized to enter into negotiations to obtain an option on a certain 80-acre parcel of land owned by Salem West Corporation and situate in the County of Roanoke, the same to be used as a west county sanitary regional landfill; and WHEREAS, the County of Roanoke has obtained an option on an adjacent 75-acre tract of land; and WHEREAS, the City Manager, by report dated August 19, 1974, has recommended to the Council that, upon assurance from the County of Roanoke by appropriate resolution that the Roanoke Valley Solid Waste Disposal Board shall be authorized and permitted to operate a west county regional sanitary landfill on the 75-acre tract and the said adjacent 80-acre tract, the City of Roanoke should relinquish or assign any right it might have on said 80-acre tract. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City doth assure the County of Roanoke that it shall release or assign any rights or options it may have in relation to that certain 80-acre tract of land belonging to Salem West Corporation, situate in the County of Roanoke, in favor of County of Roanoke upon receipt of a duly adopted resolution of the Board of Supervisors of Roanoke County stating that the Roanoke Valley Solid Waste Disposal Board shall be authorized and permitted to operate a west county regional sanitary landfill upon the said 80-acre tract of land above-mentioned, along with a certain 75-acre tract adjacent thereto. BE IT FURTHER RESOLVED that the City Clerk be and she hereby is directed to transmit an attested copy of this resolution to the Board of Super- visors of Roanoke County. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21747. AN ORDINANCE amending Ordinance No. 21544, providing for the City's engagement of certain professional consultant services upon certain terms and conditions; and providing for an emergency. WHEREAS, the services of the consultants hereinafter referred to were heretofore engaged on authority of Ordinance No. 21544 for purposes in connection with pending annexation litigation to which the City is a party, said ordinance providing the method by which compensation would be paid and providing, also, that the aggregate of all such charges not exceed $10,000.00 unless upon prior approval of the Council; and WHEREAS, the City Attorney has advised the Council that the extended work involvement occasioned upon said consultants and anticipated to be required in concluding retrial of said litigation makes it necessary to increase the aggregate amount specified in said former ordinance and that funds sufficient to pay such additional costs have 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 Ordinance No. 21544, providing for the employment of the services of Morton Hoffman and Company, Incorporated, to provide certain economical and planning services and to assist in the preparation of pertinent information to support the City's proposals made in pending annexation proceedings be and is hereby amended so as to provide that the aggregate amount of charges made to the City by said consultants in providing the services set out in said ordinance not exceed the total amount of $15,000.00, unless upon prior approval of the City Council. BE IT FURTHER ORDAINED that the City Manager be, and he is hereby authorized and empowered to evidence the City's agreement to the aforesaid amend- ment by signature in writing, on behalf of the City, of such form of amendatory agreement with said consultants as is approved as to form 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: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21748. ATTEST: AN ORDINANCE authorizing and providing for continuance of employment of special legal counsel for the City in certain legal matters; and providing for an emergency. WHEREAS, the City Attorney has recommended that he be expressly authorize to renew the engagement of the special legal counsel hereinafter named for the City for the purpose of retrial of annexation proceedings pending in the Circuit Court of RoanoKe County, on the basis of compensation herein provided and for legal services rendered subsequent to remand of said case for retrial, and an appropriation of funds sufficient to pay for such costs have been made by the Council for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the firm of Mays, Valentine, Davenport & Moore, Attorneys at Law, is authorized to be associated and engaged by the City Attorney for the City, to advise and represent the City in matters relating to retrial of the annexation proceedings pending in the Circuit Court of Roanoke County, said attorneys to be reimbursed for their services to the City in accordance with written proposal made to the City Attorney proposing compensation at the rate of $70.00 per hour for senior members, of $55.00 per hour for intermediate partners and of $25.00 or $30.00 per hour for associates, depending upon experience and their assignment, the aggregate of all such charges not to exceed the total of $40,000.00, except upon approval of the City Council. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21749. AN ORDINANCE authorizing and providing for the employment of legal counsel for the City in certain legal matters; and providing for an emergency. WHEREAS, on retrial of certain annexation proceedings brought in part by parties petitioning to be annexed to the City of Roanoke and the appellate court having observed that the interests of said petitioners and those of the City are similar and not in conflict, the City Attorney has recommended that he be authorized to retain the services of the attorney for said petitioners during such retrial; and an appropriation of funds sufficient to pay for the cost of the legal services hereinafter authorized to be employed have been made by the Council for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Attorney be and he is hereby authorized to associate and engage the legal services of Lawrence C. Musgrove, Attorney at Law, as special legal counsel for the City and certain parties petitioning to have their territory annexed to the City in certain annexation proceedings pending in the Circuit Court of Roanoke County, said attorney to be reimbursed for his services to the City in accordance with written proposal made to the City Attorney and providing for compensation at the rate of $37.50 per hour for time actually spent in connectic with retrial of the aforesaid proceedings, but not to exceed the sum of $3,750.00 except upon approval of the City Council. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21750. AN ORDINANCE authorizing and providing for continuance of employment of special legal counsel for the City in certain legal matters; and providing for an emergency. WHEREAS, the City Attorney has recommended that he be expressly authorize~ to renew the engagement of the special legal counsel hereinafter named for the City for the purpose of retrial of annexation proceedings pending in the Circuit Court of Roanoke County, on the basis of compensation herein provided and for legal services rendered subsequent to remand of said case for retrial, and an appropriation of funds sufficient to pay for such costs have been made by the Council for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that William L. Martin, Attorney at Law, is authorized to be associated and engaged by the City Attorney for the City, to advise and represent the City in matters relating to retrial of the annexation proceedings pending in the Circuit Court of Roanoke County, said attorney to be reimbursed for his services to the City in accordance with written proposal made to the City Attorney proposing compensatio] at the rate of $300.00 per day for full days in court by said attorney and at $35.00 per hour for actual time spent on the employment outside of court, the aggregate of all such charges not to exceed the total of $15,000.00 except upon approval of the City Council. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21751. A RESOLUTION providing for a moving expense payment to a certain tenant displaced by reason of the acquisition of property for construction of a public parking garage, upon certain terms and conditions. WHEREAS, the Cit~y of Roanoke has inaugurated a program leading to construction of a public parking garage which requires the acquisition of various occupied properties; by reason of which certain owners and/or tenants of the properties to be acquired have been or will be displaced; and WHEREAS, the general law of the Commonwealth of Virginia, requires local governments to pay to displaced owners and/or tenants of properties acquired by said local governments, certain sums for moving expenses; and WHEREAS, there has been appropriated a sum sufficient for the payment of a certain moving expense claim now known to exist, of a certain tenant of property acquired for the purpose aforesaid. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the moving expense payment, as hereinafter set out, is hereby authorized to be made to the tenant hereinafter mentioned as displaced by reason of the acquisiti~ of properties for the construction of a public parking garage as r~quired by law. BE IT FURTHER RESOLVED that such payment is to be paid by the Director of Finance upon certification by the City Attorney that said tenant has joined in a properly executed deed releasing and relinquishing all of its leasehold interest and related claims arising out of the City's acquisition of property of which the hereinafter named corporation is tenant. BE IT FURTHER RESOLVED that there is expressly authorized to be paid the moving expense claim of Flora Realty Company, Incorporated, in an amount not to exceed $7,842.00, upon the conditions aforesaid. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21752. AN ORDINANCE to amend and reordain the Capital Improvements Fund 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 Capital Improvements Fund 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Hunter Viaduct Widening (1) .................... $110,000.00 (1) Net increase $110,000.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk i~layor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21753. AN ORDINANCE to amend and reordain certain sections of the Capital Improvements Fund 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the Capital Improvements Fund 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Route 460 (1) ................................ $292,044.00 Northwest Library (2) ........................ $100,000.00 Remodel City Home (3) ........................ $150,000.00 Walkway on Lick Run Channel (4) .............. $ 10,000.00 Wells Avenue and 2nd Street, N. E. Intersection Improvements (5) ............... $ 7,044.00 Re-light Shaffers Crossing (6) ............... $ 25,000.00 80 (1) Net decrease (2) Net increase (3) Net increase (4) Net increase (5) Net increase (6) Net increase $292,044.00 $100,000.00 $150,000.00 $ 10,000.00 -$ 7,044.00 $ 25,000.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1974. No. 21754. AN ORDINANCE to appropriate to the City of Roanoke's 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 Grant Program Account be amended to read as follows, in part: ATTEST: GRANT #74-A2373, Police Training Program Police Training Program ....................... $1,926.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED Deputy City Clerk Mayor 81 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1974. No. 21760. ATTEST: AN ORDINANCE to amend and reordain Section #115, "Juvenile Probation House," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Governi~ent 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 #115, "Juvenile Probation House," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE PROBATION HOUSE #115 *Petty Cash ............................. $25.00 *100% reimbursed by the Commonwealth of Virginia BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1974. No. 21761. AN ORDINANCE expressing the City's consent to the assignment of a certain Agreement from National Planning, Inc., to Conrad Associates-Division of Conrad Building Systems, Inc., upon certain terms and conditions; and providing for an emergency. WHEREAS, by Agreement dated April 9, 1974, the City engaged the services of National Planning, Inc., for management of the project of the construction of a public off-street parking facility in the City, upon certain terms and conditions more particularly set out in said Agreement; and WHEREAS, the City is in receipt of a written assignment between National Planning, Inc., as party of the first part, and Conrad Associates-Division of Conrad Building Systems, Inc., as party of the second part, whereby the first party has assigned, transferred and set over to the party of the second part, all of the rights, interests and obligations encumbent upon it pursuant to the afore- said Agreement dated April 9, 1974, between the City and National Planning, Inc.; and WHEREAS, pursuant to Article 12 of the aforesaid Agreement, National Planning, Inc., has requested the City's consent to the assignment of its rights, interests and obligations to Conrad Associates-Division of Conrad Building Systems, Inc., upon the terms hereinafter set forth, and the City Manager has recommended the granting of such consent, in which recommendation Cohncil 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 assignment, expressed by certain written assignment between National Planning, Inc., to Conrad Associates-Division of Conrad Building Systems, Inc., of all of those rights, obligations and interests incumbent upon National Planning, Inc., in that certain Agreement heretofore made and entered into under date of April 9, 1974, between the City of Roanoke and National Planning, Inc., pursuant to Article 12 of said Agreement, such assignment to be upon form approved by the City Attorney and to contain provisions as follows: 1. Owner and National represent and agree that the time for performance by National under the terms of the Agreement has not commenced. 2. National hereby assigns all of its right, title and interests in and under the Agreement to Conrad. 3. Conrad hereby accepts the assignment of the Agreement from National and agrees to perform the duties and accepts the rights and responsibilities of National thereunder, and agrees to hold National harmless from all liability under the Agreement. 4. Owner hereby consents to the assignment on the terms herein, and releases National from all liability under the Agreement. 5. In consideration of the Owner's consent to the within assignment, National agrees with the Owner and with Conrad to counsel with and provide certain limited services to the Owner and to Conrad during performance by Conrad under the terms of the Agreement. A copy of the agreement between National and Conrad for such counseling and services during performance by Conrad under the terms of the Agreement with the Owner is attached as Exhibit "B" hereto. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1974. No. 21762. AN ORDINANCE to amend and reordain Chapter 1.1, "Building Code", of Title XV, "Construction, Alteration and Use of Land, Buildings and Other Structurel of the Code of the City of Roanoke, 1956, as amended; providing for the codifica- tion of certain of the provisions hereinafter adopted into the Code of the City of Roanoke, 1956, as amended, as Chapter 1.2 of Title XV of said Code; adopting by reference, pursuant to the provisions of sections 36-96 through 36-107 of the 1950 Code of Virginia, as amended, that certain Building Code known as the Uniform Statewide Building Code of Virginia adopted from the model code of Building Officials and Code Administrators International, Inc., (BOCA), being particularly The BOCA Basic Buildinq Code/1970 with Accumulative Supplement 1973, BOCA Basic Mechanical Code/1971, BOCA Basic Plumbinq Code 1970 with Accumula tire S~plement 1973, One and Two Family Dwelling Code, 1971 Edition, National Electric Code 1971 and excerpts for One-and-Two Family Dwellings, and The 1974 Acc lative Supplement to Virginia Uniform Statewide Building Code, save and except such portions as are deleted, modified or amended, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures including administration, permits and penalties; providing for the establishment of fire districts and for the continuation of the City's fire limits; providing for the severability of the provisions of this ordinance; providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, section 36-98 of the 1950 Code of Virginia, as amended, directe, and empowered the State Board of Housing to adopt and promulgate a uniform statewi. building code to supersede the building codes and regulations of the counties, municipalities and State agencies; and WHEREAS, the State Board of Housing adopted the Building Officials and Code Administrators International, Inc. (BOCA) Code, with amendments, as mu- a Statewide Uniform Building Code for the Commonwealth of Virginia to become effective September 1, 1973; and WHEREAS, the State Board of Housing granted to the City of Roanoke a one-year extension to September 1, 1974, to continue its current building codes and local amendments; and WHEREAS, this Council, deeming it proper that the City's Building Code be in conformity with that code adopted and promulgated by the State Board of Housing, is of the opinion that the Uniform Statewide Building Code of Virginia, as hereinafter amended, should be adopted by the Council of the City of Roanoke as the official Building Code of said City. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance be in force and effect from and after the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 1.1, "Building 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, and said chapter is hereby amended, in toto, and reordained as Chapter 1.2 of said title and code, effective September 1, 1974, to read and provide and to be codified as follows: Sec. 1. Uniform Statewide Building Code of Virginia. The provisions, requirements and regulations contained in that certain 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 Administra- tors 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/1970 with Accumulative Supplement 1973; BOCA Basic Mechanical Code/1971; BOCA Basic Plumbing Code 1970 with Accumulative Supplement 1973; One and Two Family Dwelling Code, 1971 Edition; National Electric Code 1971 and excerpts for One-and- Two Family Dwellings; and the 1974 Accumulative Supple- ment to Virginia Uniform Statewide Building Code, save and except such portions as are hereinafter deleted, modified or amended, 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. Sec. 2. Same-Amendments. The Uniform Statewide Building Code of Virginia be, and the same is hereby amended and reordained in the following respects: Section 107.0. Department of Building Inspection is hereby amended and reordained to read and provide as follows: 107.0 Department of Building Inspection. 107.1 Building Official. The department of building inspection of the City of Roanoke, as heretofore created, is continued and the building commissioner in charge thereof for the purposes of the enforcement of this code shall be known as the building official. Section 114.0. Permits is hereby amended by the addition of a new subsection numbered 114.10, to read and provide as follows: 114.10. Contractors license and bond required. (a) It shall be the duty of every contractor or builder, who shall make contracts for the erection or construction or repair of buildings for which a permit is required, and every contractor or builder making such contracts and subletting the same, or any part thereof, to pay a license tax as provided in the general license ordinance, and to register his name in a book provided for that purpose, with the building commissioner, giving full name, residence and place of business, and, in case of removal from one place to another to have made corresponding change in said register accordingly; and it shall be the further duty of every such person to give good and sufficient bond with surety, in the sum of one thousand dollars ($1,000.00), on form approved by the city attorney, conditioned to conform to the building regulations, the regulations of this section, and other ordinances or laws of the applicable governing body in reference to buildings. (b) Building operations on streets or alleys or which encroach as permitted or required by this chapter can only be done by an owner or contractor who shall post bond with the building commissioner in the amount of five thousand dollars ($5,000.00), with a surety approved by the building commissioner and on form approved by the city attorney to protect the city against damages to persons or property, both public and private, incidental to the construction operations or encroachments. Encroachments on streets or alleys are permitted only to the extent specifically approved by the building commissioner and for a definite period of time. Section 118.0. Fees is hereby amended by the deletion of subsections 118.2, 118.3 and 118.4 and by the addition of new subsections numbered 118.8 and 118.9, to read and provide as follows: 118.8. Schedule of permit fees. The fee for issuance of a permit for new con- struction, alteration, 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 $20,000.00, the fee shall be $4.00 per thousand or fraction thereof. 2. For a valuation over $20,000.00 up to and including $100,000.00, the fee shall be $80.00 for the first $20,000.00 plus $3.00 for each additional thousand or fraction thereof. 3. For a valuation over $100,000.00 up to and including $500,000.00, the fee shall be $320.00 for the first one hundred thousand plus $2.00 for each additional thousand or fraction thereof. 4. For a valuation over $500,000.00 up to and including $1,000,000.00, the fee shall be $1,120.00 for the first five hundred thousand plus $1.00 for each additional thousand or fraction thereof. 5. For a valuation over $1,000,000.00, the fee shall be $1,620.00 for the first one million plus 50 cents for each additional thousand or fraction thereof. 118.19 Final cost report. EVery applicant shall make a report of final cost and certify to its correctness as soon after completion of the work as possible, but in no case later than ninety days after the completion of the work. Should the fee based on the final cost exceed the permit fees previously paid on this work, then this difference in fees shall be paid and a supplemental permit issued. Section 301.0. Fire District Subdivision is hereby amended and reordained to read and provide as follows: Section 301.0. Fire Districts Established. 301.1. Fire District No. 1 of the city shall be the area of the city within the Fire Limits heretofore established and described in section 13 of chapter 1, Title XV, of the Code of the City of Roanoke, 1956, as amended, and which shall, for all other purposes, continue to be known as the Fire Limits, viz: BEGINNING at the intersection of the centerlines of Jefferson Street and Walnut Avenue (and with the centerlines of the following streets, avenues, alleys, routes and other lines as defined); thence west on Walnut Avenue to First Street, S. W.; thence north on First Street, S. W., to Mountain Avenue, S. W.; thence west on Mountain Avenue to Fourth Street, S. W.; thence north on Fourth Street to Day Avenue, S. W.: thence west on Day Avenue to Sixth Street, S. W.; thence north on Sixth Street to Marshall Avenue, S. W.; thence west on Marshall Avenue to Seventh Street, S. W.; thence north on Seventh Street to Norfolk Avenue, S. W.; thence west on Norfolk Avenue to Ninth Street, S. W.; thence north on Ninth Street, S. W., to the Norfolk and Western Railway, crossing the railway in a straight line to the south end of Ninth Street, N. W., and continuing north on Ninth Street, N. W., to Centre Avenue, N. W.,; thence east on Centre Avenue to Sixth Street, N. W.; thence north on Sixth Street to Loudon Avenue, N. W.,; thence east on Loudon Avenue to Third Street, N. W.; thence north on Third Street to Wells Avenue, N. W.; thence east on Wells Avenue to Second Street, N. W.; thence north on Second Street to Gilmer Avenue, N. W., thence east on Gilmer Avenue to Fourth Street, N. E.; thence south on Fourth Street, a straight line crossing the Norfolk and Western Railway to Campbell Avenue, S. E.; thence west on Campbell Avenue to Interstate Route 581; thence south on Interstate Route 581 to Tazewell Avenue, S. E.; thence east on Tazewell Avenue to Fourth Street, S. E.; thence south on Fourth Street to Three and One-Half Street, S. E., thence south on Three and One-Half Street to Albemarle Avenue, S. E.; thence east on Albemarle Avenue to Fourth Street, S. E.; thence south on Fourth Street to the northerly right-of-way line of the Norfolk and Western Railway, this line being the former Virginian Rail- way; thence southwest with said northerly right-of-way line to South Jefferson Street; thence north on Jefferson Street to Walnut Avenue, the place of BEGINNING. 87 301.2. Fire District No. 2 of the city is hereby established as all properties not falling within Fire District No. 1 which are zoned as follows, under the provisions of Chapter 4.1 of Title XV, of the Code of the City of Roanoke, 1956, as amended: C-i, Office and Institutional District, if closely built upon; C-2, General Commercial District, if closely built upon; C-3, Central Business District; or C-4, Central Business District Expansion Area. Any zone district which is designated as being in Fire District No. 2 shall be extended on all sides a distance of 100 feet, except said extension shall not extend into any residential zone district or into Fire District No. 1. Section 312.0. Permissible street projections is hereby amended by the addition of a new subsection numbered 312.11, to read and provide as follows: 312.11 Cornices of Show Windows. Cornices of show windows shall project not more than eighteen (18) inches. Sec. 3. Floodproofing. Where a building or other structure is located within a floodplain as defined by section 33.1 of Chapter 4.1, Title XV, of this Code, such structure shall be designed or constructed to resist or overcome anticipated flood conditions referred to in subsection 2 of said section. Such structure shall be designed and constructed so as: a. To be elevated or designed so as to assure protection from both hydrostatic and hydrodynamic loading from anticipated flood levelsl b. To be safeguarded from both collapse and flotation. c. To provide for adequate protection of all heating and mechanical equipment of structures subject to flood damage. d. To provide protection of electrical instal- lation of structures subject to flood damage as required in applicable electrical codes. e. To provide adequate sewerage and water system protection of structures subject to flood damage, as required in applicable plumbing codes. Ail existing structures which are scheduled to undergo major improvements, additions, repairs and/or rehabilitation, the cost of which shall exceed thirty percent of the tax appraised value thereof, shall, to the maximum extent practicable, provide floodproofing protection as required in this section. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect from and after September 1, 1974. ATTEST: APPROVED Deputy City Clerk Mayor ¸88 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1974. No. 21763. AN ORDINANCE to amend and reordain Sec. 13. Same-Inspection fees of Chapter 2. Electrical Code, of Title XV, Constructionf Alteration and Use of Land, Buildinqs and Other Structures, of the Code of the City of Roanoke, 1956, as amended, by amending the fee schedule and adding a reinspection fee; and providing for an emergency. WHEREAS, for the usual daily operation of the municipal government and for the immediate preservation of the public property and safety, 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. 13. Same-Inspection fees, 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 and the same is hereby amended and reordained to read and provide as follows: SCHEDULE OF PERMIT FEES Amount of Contract or Estimated Cost Fees .00 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 100.00 ............................ $4.00 200.00 ............................. 6.00 300.00 ............................. 9.00 500.00 ............................. 14.00 1,000.00 ............................. 20.00 2,000.00 ............................. 25.00 3,000.00 ............................. 30.00 4,000.00 ............................. 35.00 5,000.00 ............................. 40.00 In excess of five thousand dollars the fee shall be forty dollars plus two dollars for each additional one thousand dollars or fraction thereof, but in no event exceeding five hundred dollars fee. For each reinspec~ion the fee shall be three 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 electrical inspector. Should the fee based on the final cost exceed the permit fee previously paid on such work, the difference in such fees shall be forthwith paid by the permittee to the department of buildings and a supplemental permit shall be issued by the electrical inspector. ATTEST: BE IT FURTHER ORDAINED that an emergency existing this ordi- nance shall be in force and effect immediately Upon its passage. APPROVED Deputy City clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE to amend and reordain Chapter 3.1, "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, providing for the codifica- tion of certain of the provisions hereinafter adopted into the Code of the City of Roanoke, 1956, as amended, as Chapter 3.2 of Title XV of said Code; adopting by reference, pursuant to the provisions of Sections 36-96 through 36-107 of the 1950 Code of Virginia, as amended, that certain Plumbing Code known as the BOCA Basic Plumbing Code and the BOCA Basic Plumbing Code Accumulative Supplement 1973, save and except such portions as are deleted, modified, or amended, for the purpose of establishing certain regulations, requirements and standards for the installation of any plumbing installed within the corporate limits of the City; providing for the severability of the provisions of this ordinance; providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, the BOCA Basic Plumbing Code is part of the Uniform Statewide Building Code adopted and promulgated by the State Board of Housing to supersede the building codes and regulations of the counties, municipalities and State agencies; and WHEREAS, this Council, deeming it proper that the City's Plumbing Code be in conformity with that code adopted and promulgated by the State Board of Housing, is of the opinion that the BOCA Basic Plumbing Code and the BOCA Basic Plumbing Code Accumulative Supplement 1973, as part of the Uniform Statewide Building Code of Virginia, as hereinafter amended, should be adopted by the Council of the City of Roanoke as the official Plumbing Code of said City. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance be in force and effect from and after the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chaper 3.1, "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 and said chapter is hereby amended, in toto, and reordained as Chapter 3.2 of said title and code, effective September 1, 1974, to read and provide as to be codified as follows: Sec. 1. BOCA Basic Plumbing Code 1970 with Accu- mulative Supplement 1973 - Adoption. 90 The provisions, requirements and regulations con- tained in that certain plumbing code entitled, known and designated as the BOCA Basic Plumbing Code and the BOCA Basic Plumbing Code with Accumulative Supplement 1973, 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 direc- ting 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 and herein ordained, be, and the same are hereby adopted by the city and are incorporated 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 appurtenances thereto, and/or when connected to a water or sewerage system, to the main- tenance of all of the aforesaid and to the person or persons installing 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. Sec. 2. Same - Amendments. The BOCA Basic Plumbing Code 1970 with Accumulative Supplement 1973, herein adopted, be, and the same is hereby amended and reordained in the following respects: Section. P-107.0. Unlawful Acts is hereby amended by the addition of a new subsection numbered P-107.1 to read and provide as follows: P-107.1. Illegal work--Revocation of certificates of qualification. Any person, firm or corporation engaged in the plumbing business whose work does not conform to the rules and regulations hereinafter set out, or whose workmanship or materials are of inferior quality shall on notice from the plumbing inspector make necessary changes or corrections at once so as to conform to this code. If such changes or corrections be not made within ten (10) days from such notice, the plumbing inspector shall report in writing such fact to the building commissioner, with or without recommendation that the certificate of qualification of such person or party~be revoked, and shall issue no additional permits to such person or party until such changes or correc- tions have been made or such recommendation acted upon by the building commissioner. Upon receipt of such report from the plumbing inspector, the building commissioner shall give to the person or party named in the report and to whom a certificate of qualification has been issued not less than five (5) days' notice in writing of a time and place at which a hearing on said report shall be held before said building commissioner, together with a statement of the grounds upon which it is proposed to revoke such certificate or qualification. At such hearing, the person or party so notified shall be afforded full opportunity to present reasons or grounds in opposition to revocation of such certificate of qualification. If, upon such hearing, the building commissioner shall determine that the work done or the workmanship or materials supplied for such work by such person or party does not conform to the minimum regula- tions and requirements set out in the code, he may suspend for a period of not more than sixty (60) days or may revoke the certificate of qualification thereto- fore issued such person or party, with right to any such person or party to apply within ten (10) days after decision by the building commissioner to any court of record in the city to review the action of said building commissioner. Section P-113.0. Fees is hereby amended by the addition of a new subsection numbered P-113.1 to read and provide as follows: P-113.1 Schedule of Permit Fees. (a) Permit fees: Sewer connection ........................ $75.00 Septic tanks ............................ 5.00 Each plumbing fixture or floor drain: First 25 fixtures or floor drains .... $1.50 each Next 25 fixtures or floor drains ..... 1.00 each All over 50 fixtures or floor drains. .75 each Each house sewer ....................... 5.00 each Each water heater ...................... 1.50 each Each gas piping system of 1 to 4 outlets .............................. 1.00 each outlet Each gas outlet over 4 .................. 50 each outlet (b) Water connection fees: Water connection fees shall be such as are from time to time fixed and prescribed by the city council, to be paid to the city's water department. Section P-114.0. Inspection and tests is hereby amended by the addition of new subsections numbered P- 114.1 and P-114.2, to read and provide as follows: P-114.1. Plumbing Inspector. To provide for the enforcement of this code the office of plumbing inspector as heretofore established as a section of the department of buildings is hereby continued; and the person~appointed as plumbing inspec- tor shall be the administrative authority referred to in this plumbing code. P-114.2. Inspectors; appointment. (a) The appointment of the plumbing inspector and any assistants shall be made by the building commissioner with the approval of the city manager. (b) The plumbing inspector and all assistant plumbing inspectors shall be qualified plumbers. The plumbing inspector shall have not less than ten (10) years experience as a plumbing inspector and/or master plumber. Assistant plumbing inspectors shall have not less than five (5) years experience, either as a journey- man or master plumber. P-117.0. Violations and Penalties is hereby amended by the addition of a new subsection numbered P-117.1. to read and provide as follows: P-117.1. Penalties for Violations. Any person, firm or corporation or agent who shall violate a provision of this code or fail to comply therewith or with any of the provisions thereof, or violate a detailed statement or plans submitted and approved thereunder, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed or continued, and upon conviction in a court of competent jurisdiction for any such violation such person shall be punished by a fine of not less than ten dollars ($10.00), nor more than one hundred dollars ($100.00), or imprisonment for a term of not more than six (6) months, or by both such fine and imprisonment. Article 1. Administration and Enforcement is hereby amended by the addition of a new section number P-118.0 to read and provide as follows: Section P-118.0. Qualification of plumbers. (a) Whoever desires to enter the plumbing business or offers plumbing services in the City of Roanoke shall have passed an examination given by the department of buildings or have had issued to him a certificate of qualification and such certificate of qualification has not expired by limitation. (b) Any person who is required by this code to possess a plumber's certificate of qualification shall make application therefor to the department of buildings. (c) The fees charged each applicant for examina- tion shall be as follows: Master Plumber examination ......... $30.00 Journeyman plumber examination ..... 15.00 Apprentice plumber examination ..... 2.00 Renewal of certificate of qualification ...................... 1.00 (d) Every plumber's certificate of qualification shall be issued for one year. Each such certificate shall be renewed from year to year without re-examina- tion unless said certificate has been revoked as pro- vided in subsection P-107.1 of this chapter. Section P-401.0. Performance requirements, is hereby amended by the addition of a new subsection numbered P- 401.4 to read and provide as follows: P-401.4. Materials and fittings of water distribution pipes. In all new construction using water distribution pipes after the effective date of this chapter and in the subsequent repair or replacement of any of the same, galvanized ferrous pipe or fittings shall not be used. BE IT FURTHER ORDAINED that an emergency existing, this ordinance shall be in force and effect from and after September 1, 1974. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1974. No. 21765. A RESOLUTION confirming Tuesday, September 3, 1974, as the date of a regular weekly meeting of the Council of the City of Roanoke. WHEREAS, September 1, 1974, fixed by the Charter as a date for a meeting of the City Council, falls this year on a Sunday and the following day, September 2, 1974, is Labor Day and a legal holiday; and ATTEST: WHEREAS, the three (3) persons elected as members of the City Council for terms commencing on September 1, 1974, at the election held May 7, 1974, are incumbent members of the Council, Noel C. Taylor having been elected vice mayor by virtue of having received the largest number of votes cast in said election, and each of said persons has heretofore and since his said election qualified for his new term of office and position on the Council by subscribing to his oath of office for said new term which will commence on September 1, 1974; and WHEREAS, by virtue of the foregoing, no meeting needs be held by the Council until the regularly scheduled meeting set to be held at two o'clock, p.m., on Tuesday, September 3, 1974. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the regular meeting of the Council scheduled and provided to be held on September 3, 1974, at two o'clock, p.m., be, and is hereby confirmed as the next regular meeting of the City Council for the week of September 1, 1974, said meeting to be held in the Council Chambers on the fourth floor of the Municipal Building. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1974. No. 21766. AN ORDINANCE authorizing the City's execution of a written license agreement with Norfolk and Western Railway Company providing a right to the City to construct, maintain and operate an underground 16-inch water pipe line under and across said Company's property at its Mile Post R-9 + 2272.1 feet, near Ogden Road, S. W., as an extension of the City's water distribution sys~em, upon certain terms and conditions; and providing for an emergency. WHEREAS, in the extension and betterment of its public water distribu- tion system, the City needs to construct and maintain a certain 16-inch water main or carrier pipe line under and across the land and the railroad tracks of Norfolk and Western Railway Company at the location hereinafter described, and said Companl has offered to grant to the City the right so to do, for a lump sum consideration of $1.00, cash, plus $12.00 each for each pipe location sign needed to be erected on said Company's right-of-way, and 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 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 (rev. 9-66) of said Company, granting to the City for a lump sum consideration of $1.00, cash, the right to construct, maintain, repair, renew, operate, use and remove, a certain 16-inch carrier water pipe line under and across the land and under the right-of-way and tracks of said Company at its Mile Post R-9 + 2272.1, near Ogden Road, S. W., as shown on part of Plan V-7-VA104, dated July 5, 1974, which said agreement shall provide, inter alia, that the City will pay the entire expense of placing said pipe line under said land and tracks, and will keep said line in good repair; will pay $12.00 per sign for each sign erected showing the location and depth of said pipe line; and will, if the construction of said pipe line be done by a contractor other than the City, cause railroad protective liability insurance to be provided said Company; 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. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1974. No. 21767. A RESOLUTION directed to the officials and residents of the Village of Roanoke, Illinois, on the occasion of that Village's Centennial Celebration. WHEREAS, this Body is advised of the celebration to be held in the Village of Roanoke, Illinois, over the Labor Day, 1974, weekend on the occasion of that Village's one hundredth anniversary as an organized community of the State of Illinois and has been advised, in general, of the interesting program of attractions and events which has been scheduled for its residents during the period of celebration; and WHEREAS, this city, sharing with that Illinois community the name ROANOKE and, judged by its seal, mountains, shares, further, the distinction of having this year operated one hundred years as an organized coK~unity of the State of Virginia, its predecessor in name, the Town of Big Lick, having been incorporated by Act of the General Assembly of Virginia approved February 28, 1874, and takes honor and pride, as do the residents of that Illinois community in heritage of that name and in the quality of the citizenry which composes each said community. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that this Body, acting through its members for the Residents of the City of Roanoke, hereby sincerely extends to Officials and Residents of the Village of Roanoke, in the State of Illinois, CONGRATULATIONS and sincere BEST WISHES for many years of prosperity and success as individuals and members of that organized community in the illustrious State of Illinois; and that the Mayor of this City transmit a copy of this Resolution to the Mayor of said Village of Roanoke. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1974. No. 21768. AN ORDINANCE to amend and reordain Section #537, "Public Assistance," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #537, "Public Assistance," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE #537 Aid to Dependent Children - Foster Care (1) .............................. $272,041.09 (1) Net increase ........ $2,041.09 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: APPROVED 95 Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1974. No. 21769. AN ORDINANCE to amend and reordain Section #898, "Contingencies," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CONTINGENCIES # 898 Contingency Reserve (1) ....................... $101,359.00 (1) Net decrease $110,000.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~0~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1974. No. 21770. AN ORDINANCE to amend and reordain Section #832, "Other Health Agencies, of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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, "Other Health Agencies," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: OTHER HEALTH AGENCIES #832 427 - Roanoke Valley League for Planned Parenthood ........................ $8,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1974. No. 21771. A RESOLUTION fixing the date of a Special Meeting of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that a Special Meeting of the Council of the City of Roanoke be held on the 28th day of August, 1974, at 1:00 o'clock, P. M. in the Exhibit Hall at the Roanoke Civic Center, at 710 ~Williamson Road, N. E., in said City for the purpose of receiving and opening such bids as may be made and offered to the City and others for award of a franchise to operate a Cable Antenna Television (CATV) System in said City, as provided for in Resolution No. 20601 of the Count %dopted June 17, 1974, and for such other matters incidental thereto ~ before the Council. ~__ APPROVED '~ then brought ATTEST: Deputy City Clerk IN THE COUNCIl The 3rd day AN ORDINANCE p and portions of streets, avenues boundary of or bordering the southeast section of the City of described. WHEREAS, the City of Roanoke heretofore filed a petition with the Council of ertain str~ within the A R-42 in the ~inafter more fully Housing Authority has .ity of Roanoke, Virginia, in accordance with law, requesting said Council to permanently vacate, discontinue and close certain streets, avenues and alleys or portions of same located within the boundary of or bordering the Downtown East Urban Renewal Project VA R-42, of the filing of which said petition due notice was given to the public as required by law; and WHEREAS, in accordance with the prayer of said petition, viewers were appointed by the Council on the 1st day of July, 1974, to view the property and to report in writing whether in their opinion any inconvenience would result ets from permanently vacating, discontinuing and closing said streets, avenues and alleys or portions of same; and WHEREAS, it appears from the written report of said viewers filed with the City Clerk on the 6th day of August, 1974, that no inconvenience would result either to any individual or to the public from permanently vacating, discontinu- ing and closing the streets, avenues and alleys hereinafter described subject to the proviso that with respect to the portion of Luck Avenue, S. E. commencing at a point 200 feet east of the easterly line of Jefferson Street and extending easterly to the intersection of Luck Avenue, S. E. with the westerly line of First Street, S. E., and with respect to that portion of First Street, S. E. extending from the northerly line of Tazewell Avenue, S. E. to the southerly line of Church Avenue, S. E., the effective date of the ordinance of City Council vacating the same be postponed until completion by the City of Roanoke Redevelop- ment and Housing Authority of a certain new alley to extend from Luck Avenue, S. E. immediately east of the No. 1 Fire Station in a northerly direction to intersection with Church Avenue, S. E., and dedication of same to public use; and WHEREAS, Council at its meeting on the 1st day of July, 1974, referred the petition to the CitY Planning Commission, which Commission by its report dated July 25, 1974 and filed with Council recommended that the petition to vacate, discontinue and close the streets, avenues and alleys be approved, it being understood that the ordinance would not be effective as to the portion of Luck Avenue, S. E. and First Street, S. E. hereinabove referred to until said new alley has been completed and dedicated connecting Luck Avenue, S. E. with Church Avenue, S. E. as' hereinabove set forth; and WHEREAS, a public hearing was held on the question before the Council at its regular meeting on August 26, 1974, after due and timely notice thereof published in The World News, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, from all of the foregoing, the Council considers that no inconven ience will result to any individual or to the public from permanently vacating, 'discontinuing and closing the streets, avenues and alleys and portions thereof within and bordering upon the Downtown East Urban Renewal Project VA R-42, as applied for by the petitioner, and on the effective dates as hereinafter pre- scribed and set forth, and that said streets, avenues and alleys and portions thereof should be permanently closed as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all of the following described streets, avenues, alleys and portions thereof located within the boundary of or bordering upon the Downtown East Urban Renewal Project VA R-42 of the City of Roanoke Redevelopment and Housing Authority, located in the southeast section of the City of Roanoke, be and they are hereby permanently vacated, discontinued and closed; and that all right, title and interest of the public in and to the same be, and it is hereby released insofar as the Council of the City of Roanoke is empowered so to do, the City of Roanoke hereby express- ly reserving an easement in said streets, avenues, alleys and portions of streets and avenues for the maintenance, operation, repair and replacement of any existing water line, or other municipal installation or public utility now located in said streets, avenues, alleys and portions of streets and avenues, such easement or easements to terminate upon the later abandonment of use or permanent removal from the streets, avenues, alleys and portions of streets and avenues of any such municipal installation or utility by the owner thereof: 1. Ail of that certain 10 foot wide alley extending from the easterly line of First Street, S. E. at a point approximately 125 feet southerly from the southerly line of Church Avenue, S. E., thence eastwardly to the intersection of said alley with the westerly line of Second Street, S. E. at a point approx- imately 100 feet southerly from the southerly side of Church Avenue, S. E. 2. That certain 15 foot wide alley from its intersection with the easterly line of First Street, S. E. at a point approximately 130 feet northerly from the northerly line of Bullitt Avenue, S. E., thence eastwardly for a distance of approximately 134.65 feet to the intersection of said alley with the right-of-way of the Norfolk & Western Railway Company. 3. Ail of that certain alley, approximately 20 feet in width, from its intersection with the southerly line of Tazewell Avenue, S. E., at a point approximately 150 feet easterly from the east line of Jefferson Street, thence southerly along the line of the former Elks Club property and the Elmwood Diner property for a distance of approximately 143 feet, thence in an easterly direction for a distance of approximately 420 feet to the inter- section of said alley with the westerly line of First Street, S. E. at a point approximately 150 feet northerly from the north line of Bullitt Avenue, S. E. 4. Ail of a certain 15 foot wide alley from its point of inter- section with the westerly line of First Street, S. E. at a point approximately 145 feet southerly from the southerly line of Tazewell Avenue, S. E., thence parallel with Tazewell Avenue in a southwesterly direction for a distance of approximately 180 feet, thence bending to the south for a distance of approximately 100 feet to the intersection of said alley with the northerly line of the alley described in Item No. 3 preceding. BE IT FURTHER ORDAINED by the Council of the City of Roanoke that the fol- lowing portions of Luck Avenue, S. E. and First Street, S. E., located within the boundary of the Downtown East Urban Renewal Project VA R-42 of the City of Roanoke Redevelopment and Housing Authority, be permanently vacated, discontinued and closed effective on such date as said City of Roanoke Redevelopment and Housing Authority completes the construction of and dedication to public use of a certain new street or alley, 25 feet in width, to extend from Luck Avenue, S. E. immediately east of the No. 1 Fire Station in a northerly direction to intersect with Church Avenue, S. E., the effective date of all of which shall be established by recordation of a plat of dedication of said new street or alley, approved for recordation by the City Engineer and City Planning Agent; and upon said effective date all right, title and interest of the public in and to the same shall there- upon be released insofar as the Council of the City of Roanoke is empowered so to do, the City of Roanoke hereby expressly reserving, after such effective date of closing, an easement in said streets, avenues, alleys and portions of streets and avenues for the maintenance, operation, repair and replacement of any existing water line, or other municipal installation or public utility now located in said streets, avenues, alleys and portions of streets and avenues, such easement or easements to terminate upon the later abandonment of use or permanent removal from the streets, avenues, alleys and portions of streets and avenues of any such municipal installation or utility by the owner thereof: 5. That portion of Luck Avenue, S. E. commencing at a point 200 feet east of the easterly line of Jefferson Street and extending easterly to the intersection of Luck Avenue with the westerly line of First Street, S. E. 6. That portion of First Street, S. E. extending from the northerly line of Tazewell Avenue, S. E. to the southerly line of Church Avenue, S. E. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, direct ed to mark "permanently vacated" on all of the alleys above described as Items 1, 2, 3 and 4 on all maps and plats on file in his office on which said alleys are shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread; and upon this Ordinance becoming effective as to that portion of Luck Avenue, S. E. and First Street, S. E. described as Items 5 and 6 hereinabove, the City Engineer be, and he hereby is, directed to thereupon mark "permanently vacated" on said streets on all maps and plats on file in his office on which said streets are shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein'this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk of said Court may make proper notation on all maps and plats recorded in his office upon which are shown said streets, avenues and alleys hereby vacated, 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 City of Roanoke as grantor and in the name of any party in in- terest who may request it as grantee. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21756. AN ORDINANCE to amend the Title ×V, Chapter 4.1, Section 2 of the Code of the City of Roanoke, 1956, as amended, and Sheet No. 310, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have the property located in the 2800 Block of Edison Street, N. W., and being the easterly 207.8 feet of the northwesterly part of original Lot 3, Section 1, Liberty Land Company and shown on Map recorded in the Circuit Court for the City of Roanoke, Virginia, in Deed Book 824, Page 154, Official Tax Number 3100920, rezoned from RD, Duplex Residential District, to RG-2, General Residential District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described landbe rezoned from RD, Duplex Residential District, to RG-1, General Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, Dy 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 August, 1974, 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. 310, of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the 2800 block of Edison Street, N. W., described as being the easterly 207.8 feet of the northwesterly part of original Lot 3, Section 1, Liberty Land Company and shown on Map recorded in the Circuit Court for the City of Roanoke, Virginia, in Deed Book 824, Page 154, Official Tax Number 3100920, and further described as follows: BEGINNING at a point which is located 187.8 feet N. 52 degrees 41' E. from a point on the east side of Williamson Road (60 feet wide), said point being on the dividing line between Lots 2 and 3, Section 1, Map of Liberty Land Company; thence, with the dividing line between Lots 2 and 3, N. 52 degrees 41' E. 207.8 feet to a point on the new westerly line of Edison Street (25 feet from center line); thence, with the new westerly line of Edison Street S. 37 degrees 25' W. 130 feet to the place of BEGINNING; and being the easterly portion of the northwesterly part of original Lot 3, Section 1, 102 Liberty Land Company and shown on map recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Deed Book 824, Page 154; and BEING the easterly portion of that land conveyed to James M. Brandon by Commerce Security Corporation by Deed dated August 24, 1973, and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, in Deed Book 1335, at page 363. designated on Sheet 310 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 3100920, be, and is hereby, changed from RD, Duplex Residential District, to RG-1, General Residential District, and that Sheet No. 310 of the ~aforesaid map be changed in this respect. APPROVED ATTEST: Deputy City Clerk Mayor IN.THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21757. 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. 401, 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 Lots 26, 27 and 28, Block No. 3, Map of Woodland Park, situated on the northeast corner of Tazewell Avenue and Interstate Route No. 581, and further identified as Roanoke City Official Tax Nos. 4011518, 4011517 and 4011516, rezoned from RG-2, General Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RG-2, General Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be pub- lished 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 August, 1974, 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 ATTEST: 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. 401 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on northeast corner of Tazewell Avenue and Interstate Route No. 581, described as Lots 26, 27 and 28, Block No. 3, Map of Woodland Park, designated on Sheet 401 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 4011518, 4011517 and 4011516, be, and is hereby, changed from RG-2, General Residential District, to C-2, General Commercial District, and that Sheet No. 401 of the aforesaid map be changed in this respect. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21758. 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. 142, 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 Lots 34, 35, 36, and 37 according to the Map of Section No. 1, Mountain View Terrace Addition prepared by Wm. Bradford, dated August, 1921, and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Deed Book 456, page 367, and being Official Tax Nos. 1421646, 1421647, 1421648, and 1421649, rezoned from RD, Duplex Residential District, to LM, Light Manu- facturing 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 publish- ed 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 I03 WHEREAS, the hearing as provided for in said notice was held on the 26th day of August, 1974, 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. 142 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on Rolfe Street, S. W., described as Lots 34, 35, 36, and 37, according to the Map of Section No. 1, Mountain View Terrace Addition designated on Sheet 142 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 1421646, 1421647, 1421648, and 1421649, be, and is hereby, changed from RD, Duplex Residential District, to LM, Light Manufacturing District, and that Sheet No. 142 of the aforesaid map be changed in this respect. APPROVED ATTEST: Deputy City Clerk ~{ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21759. AN ORDINANCE amending and reordaining Sec. 44. Zoning Administrator, of Chapter 4.1, Zoning, of Title XV, Construction, Alteration and Use of Land, Buildin~ and Other Structures, of the Code of the City of Roanoke, 1956, as amended by providing that the Zoning Administrator shall be appointed by the City Manager. WHEREAS, written notice of the amendment to the City's Zoning Ordinance required to be published by Sec. 71, Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, has been published as required and for the time provided by said section; and WHEREAS, the public hearing as provided for in said notice was held on the 26th day of August, 1974, at 7:30 o'clock, 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 on the question of amending Sec. 44, of said chapter and title of said Code, as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 44. Zoning Administrator, of Chapter 4.1, Zoning, of Title XV, 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. 44. Zoning Administrator. This chapter shall be administered and enforced by a zoning administrator, who shall be appointed by the City Manager. Assistants to the zoning administrator may be assigned or designated by the city manager and such duly appointed assistants are authorized to act in behalf of the administrator in the adminis- tration and enforcement of this chapter. The zoning administrator, hereinafter termed administrator, shall have all necessary authority to administer and enforce this chapter, including the ordering in writing of the remedying of any condition found in violation of the chapter. The zoning administrator may report any noncompliance with this chapter to the city attorney with the request for appropriate action at law to insure or obtain compliance with this chapter. APPROVED ATTEST: Deputy City Clerk ~.~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21772. A RESOLUTION recognizing the HONORABLE NOEL C. TAYLOR to be a member of the City Council and Vice-Mayor of the City of Roanoke. WHEREAS, Noel C. Taylor received the largest number of votes of any candidate running for Council in the regular Councilmanic election held on the first Tuesday of May, 1974, and was, thus, and as provided by Section 4 of the Charter of the City of Roanoke, elected vice-mayor of the City for a term which commenced on September 1, 1974, he having subsequently qualified for the office by subscribing to the oath of office provided by law. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable Noel C. Taylor be, and he is hereby recognized to be a duly elected member of the Council of said City for a term commencing on the 1st day of September 1974, and continuing for a period of three years and ten months and until his successor shall have been elected and qualified, and to be the duly elected Vice- Mayor of said City for a term commencing September 1, 1974, and continuing for a period of one year and ten months and until his successor shall have been elected and qualified. ATTEST: APPROVED ,.,105 106 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21773. A RESOLUTION relating to the HONORABLE DAVID K. LISK, a former Vice- Mayor of the City of Roanoke. WHEREAS, DAVID K. LISK, a Member of the City Council since September 1, 1966, on August 31, 1974, completed a two-year term as Vice-Mayor of the City of Roanoke, during which time he has given to the Council and his community his unceasing efforts in furthering the best interests of the City and local government throughout the Commonwealth, he having participated actively and effectiv. in activities of the Virginia Municipal League and the United States Congress of Mayors and other organized groups of governmental officials. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth commend the HONORABLE DAVID K. LISK for his energetic and devoted service to the City as Vice-Mayor of the City from September 1, 1972, through August 31, 1974; and this Council extends to him its appreciation, and that of the citizens of the City, for the exemplary manner in which he has fulfilled the duties of the office of Vice-Mayor, and this Body looks forward to serving with him as a Member of the Council for the unexpired portion of his present term of office. BE IT FURTHER RESOLVED that the City Clerk do transmit to Mr. Lisk an attested copy of this resolution on behalf of the Council. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21774. AN ORDINANCE to amend and reordain Section #45000, "Schools - Adult Basic Education," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #45000, "Schools - Adult Basic Education," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - ADULT BASIC EDUCATION #45000 Personal Services ......................... $18,949.00 Instructional Materials ................... 400.00 Administrative Travel ..................... 200.00 Fixed Charges ............................. 1,125.00 *$18,174.00 to be reimbursed by federal funds and $2,500.00 in local matching funds to be transferred from the 1974-75 general operating School Board budget BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21775. AN ORDINANCE to amend and reordain Section #46000, "Schools - D.I.A.L.," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #46000, "Schools - D.I.A.L.," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - D.I.A.L. #46000 Personal Services .......................... $24,196.00 Instructional Materials .................... 1,831.18 Administrative Travel ...................... 200.00 *$23,018.18 to be reimbursed by federal funds and $3,209.00 in local matching funds to be transferred from the 1974-75 general operating School Board budget BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 107 1"08 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21776. AN ORDINANCE to amend and reordain Section #537, "Public Assistance," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #537, "Public Assistance," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part:' PUBLIC ASSISTANCE #537 Refunds and Rebates (1) ................. $2,622.00 (1) Net increase $590.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21777. AN ORDINANCE to amend and reordain Section #537, "Public Assistance," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #537, "Public Assistance," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE #537 Aid to Dependent Children (1) ............. $5,230,142.00 Aid to Dependent Children - Foster Care (2) .......................... 395,000.00 (1) Net decrease $125,000.00 (2) Net increase $125,000.00 BE IT FURTHER ORDAINED that, an emergency existing,, this Ordinance shall be in effect from its passage. ATTEST: ~~~__ APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21778. AN ORDINANCE 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 1974-1975; and providing for an emergency. WHEREAS, the City Manager has advised the Council by report dated SeptembE 3, 1974, that the State Department of Welfare and Institutions has established certain new rates for the treatment by hospitals of indigent and medically indigent patients, to be effective July 1, 1974, and thereafter during the City's Fiscal Year 1974-1975, and contracts have been prepared on Standard Form SLH to be entered into between the City and each hospital hereinafter named establishing and fixing the rates to be effective with each said hospital as hereinafter set out for services so rendered after said date; and WHEREAS, funds have been appropriated by the Council in amounts deemed sufficient to pay the costs estimated to be incurred by the City under each said contract and, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance be effective upon its passage and retroactive in its effect to July 1, 1974. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to agree and enter into contract with each of the hospitals hereinafte] mentioned, on Standard Form of Contract SLH, 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 medically indigent patients at the following daily rates, commencing as of July 1, 1974, viz: 1974-1975 Rates Burrell Memorial Community Hospital Gill Memorial Medical College of Virginia Roanoke Memorial Hospital Shenandoah Hospital University of Virginia Roanoke Memorial Rehabilitation Center Lewis-Gale Hospital $ 72.53 $ 62.89 $ 72.53 $ 91.28 $ 71.60 $ 64.38 $ 91.28 $ 42.84 $ 72.53 BE IT FURTHER ORDAINED that each aforesaid contract provide, further, for the City's payment for out-patient and/or emergency room service for its indigent or medically indigent patients at the all-inclusive rate of $8.00 per visit. 110 BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be effective upon its passage and shall be retroactive in its effect to July 1, 1974. ATTEST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21779. AN ORDINANCE authorizing and providing for the City's acquisition of three parcels of land on West Side Boulevard, N. W., for public street purposes; and providing for an emergency. WHEREAS, to provide for the improvement of West Side Boulevard, Clarence C. and Sally W. Kerr have agreed to convey to the City for the consideration of One Hundred Dollars ($100.00), cash, a 980 square-foot parcel of land and Melvin T. and Florence L. Robertson have agreed to convey to the City a 20 square-foot parcel of land and a 480 square-foot parcel of land for the consideration of One Hundred Dollars ($100.00), cash, all three parcels being hereinafter described; and WHEREAS, the City Manager having recommended that the proposed convey- ances be accepted by the City, 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 hereby accept the offer of Clarence C. and Sally W. Kerr to grant and convey to the City, in fee simple, for the consideration of One Hundred Dollars ($100.00), cash, that certain parcel of land containing approximately 980 square feet, being located on the northwest corner of a parcel of land owned by Clarence C. and Sally W. Kerr, shown in detail on Plan No. 5403-A, dated August 1, 1973, on file in the office of the City Engineer, and that said City doth hereby accept the offer of Melvin T. and Florence L. Robertson to grant and convey to the City, in fee simple, for the consideration of One Hundred Dollars ($100.00), cash, a certain parcel of land containing approximately 480 square feet, being the southwest corner of Lot 6 of the Bayse Map, and a certain parcel of land containing approximately 20 square feet, being the northeast corner of Lot 6 of the Bayse Map, both parcels being shown in detail on Plan No. 5403-B, dated August 1, 1973, on file in the office of the City Engineer; and the City Attorney is hereby directed to prepare and to tender to said owners for execution and delivery back to the City proper deeds of conveyance in the premises; and, thereafter and upon execution and acknowledgment of said deeds, the Director of Finance is hereby authorized and directed to issue and deliver to the City Attorney the City's checks, drawn as directed by the City Attorney, in payment of the aforesaid purchase prices, and said deeds shall be offered for recordation in the local Clerk's Office. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21780. A RESOLUTION concurring in the sale and conveyance by the Commonwealth of Virginia, Department of Highways, of the residue of a parcel of land it has heretofore acquired in the City for purposes of the Southwest Expressway, but requesting that a portion of said residue be set aside and conveyed or dedicated to the City for public street purposes of said City. BE IT RESOLVED by the Council of the City of Roanoke that the City of Roanoke concurs with the proposal of the Commonwealth of Virginia, Department of Highways, that said Commonwealth of Virginia, Department of Highways, sell and convey to a private owner the northeasterly residue of a certain 1.09 acre parcel of land acquired by said Commonwealth from J. Meade Harris and Marliene R. Harris, situate at the southwest corner of the intersection of Albemarle Avenue, S. W., and 3rd Street, S. E., the major portion of which parcel has been devoted to the right-of-way of the new Southwest Expressway, however, and in so doing the Commonwealth of Virginia, Department of Highways, is respectfully requested to reserve from said residue and convey or dedicate to the City of Roanoke sufficient of its residue property at the intersection of the south line of 3rd Street to provide a new rounded street corner between said two street lines, to be designed and laid off on a radius of 35 feet. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Department of Highways through appropriate channels and that 1ll 1'12 there be attached thereto a sketch or plan made by the City Engineer depicting the street corner rounding herein requested to be provided. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21781. A RESOLUTION temporarily changing the place of the regular meetings of the Council of the City of Roanoke. WHEREAS, the daily use of the Council Chambers and other areas on the fourth floor of the Municipal Building has been set aside for the conduct of business of certain of the Courts, commencing on the 10th day of September, 1974, and it is uncertain at this time how long such use will be needed by the Courts. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the regular meetings of the Council provided to be held on Monday of each week shall, as for the meeting to be held on Monday, September 16, 1974, at 2:00 o'clock p.m., and for each regular meeting thereafter until otherwise provided by resolution of the Council, be held in Room 157-159 on the first floor of the Municipal Building at 215 Church Avenue, S.W., in the City. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21782. AN ORDINANCE to appropriate to the City of Roanoke's 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. 1-1:3 ATTEST: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's Grant Program Account be amended to read as follows, in part: PUBLIC EMPLOYMENT PROGRAM #972 Summer Program for Economically Disadvantaged Youth (1) ................... $319,802.00 (1) Net increase .................. $40,000.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21783. AN ORDINANCE to amend and reordain the 1974-75 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 1974-75 Grant Program Account be amended and reordained to read as follows, in part: TRAINING OF JUVENILE & DOMESTIC RELATIONS COURT PERSONNEL Utilities and Communications (1) ................. $1,800.00 Supplies and Materials (2) .................. 400.00 Office Furniture and Equipm~ i~) .... -0- (1) Net increase $ 45.00 (2) Net decrease 100.00 (3) Net decrease 300.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor 114 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21784. AN ORDINANCE to amend and reenact Sec. 4. Si~nin~ and countersi~nin~ check Chapter 2. Accounts, Warrants and Interest, of Title V. Finance, of the Code of the City of Roanoke, 1956, as amended; and providing for an emergency. WHEREAS, for the usual daily operation of the municipal government and in order that the provisions heretofore made by Ordinance No. 21625 respecting payment of water billings and certain other charges at certain designated banks be placed into early effect, an emergency is deemed to exist so that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 4 of Chapter 2, Title V, of the Code of the City of Roanoke, 1956, as amended, relating to checks drawn on the City's bank accounts, be and said section is amended and reordained to read and provide as follows: Sec. 4. Signin9 and countersignin9 checks. All checks drawn on the city's bank accounts shall be signed by the city treasurer and countersigned by the director of finance; provided, however, that in the absence of the director of finance the assistant director of finance may sign in his stead; and provided, further, that funds representing collections of the City's water billings and utility taxes thereon and sewage treatment charges collected by authorized banks pursuant to section 12 of this chapter and deposited directly by said banks into checking accounts at such banks in the name of "City of Roanoke - Water Utility Collections Fund" shall be transferred from said checking accounts to the city treasurer by checks drawn on said special checking accounts made payable to the city treasurer and signed by the director of finance or his designee in writing to said banks. BE IT FURTHER ORDAINED that an emergency exists, and that this ordinance shall take effect upon its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21785. AN ORDINANCE to amend and reordain Section #101, "Council," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COUNCIL #101 Advertising (1) ........................... $5,600.00 (1) Net increase ....... $600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21787. A RESOLUTION proposing contribution by the other Roanoke Valley government to the Roanoke Valley League for Planned Parenthood, Incorporated, to enable the League to continue its various service programs in the Roanoke Valley area. WHEREAS, in response to a request from the Roanoke Valley League for Planned Parenthood, Incorporated, for financial assistance to continue operation, the Council of the City of Roanoke, on August 19, 1974, appropriated an $8,000.00 grant to the League; and WHEREAS, the service programs of the Roanoke Valley League for Planned Parenthood, Incorporated, benefit and serve all residents in the Roanoke Valley and not just the residents of the City of Roanoke, making it appropriate for all the Roanoke Valley governments to provide financial assistance for the continuation of these programs. 115 116 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it be and is hereby proposed by this Council to the Board of Supervisors of Roanoke, the Council of the City of Salem, and the Council of the Town of Vinton, that their respective political subdivisions may be willing and agreeable to make an appropriate contribution to the Roanoke Valley League for Planned Parenthood Incorporated, to enable the League to continue its programs in the Roanoke Valley area. BE IT FURTHER RESOLVED that the City Clerk do transmit attested copies of this resolution to the Clerk of each aforesaid political subdivision. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21788. A RESOLUTION addressed to PRESIDENT GERALD R. FORD. WHEREAS, the People of the Nation have been involved in recent months in one of the greatest tests of their Constitutional processes, which have, again, been made to prevail; and growing out of the travail and as provided by the Constitution the HONORABLE GERALD R. FORD, former Vice-President, has assumed firm hold on the Helm of the Ship of State, as PRESIDENT OF THE UNITED STATES OF AMERICA; and WHEREAS, this Body senses in this locality and throughout the Nation a feeling of assurance on the part of the People that the Ship of State is in firm hands, and that in this critical period of history the People and their local governing bodies will remain equally firm behind their new President. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body hereby assures to PRESIDENT GERALD R. FORD, its belief in his integrity, strength and ability to lead the Nation during its present difficult period, and that, as its President, he will have the prayerful support of this Council, as a unit of local government, in all matters considered to be for the best interests of the Nation and its People. BE IT FURTHER RESOLVED that the residents of this and all other communiti, and places in the Nation are called upon, individually, to remain united in their support of Government under the Constitution and duly enacted laws; and to give to PRESIDENT FORD the benefit of their prayers for his strength, ability and sound judgment to properly lead the Nation during the period of his Presidency; and ll 7 BE IT FINALLY RESOLVED that a copy of this resolution be appropriately transmitted to PRESIDENT FORD, and that it be given publicity within the City. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21789. A RESOLUTION approving the City's payment of $4,515.23 additional cost of certain emergency repairs made in the City's Courthouse Building as provided by Resolution No. 21586; and authorizing the City Manager's issuance of a change order to the contract heretofore entered into for said repairs. WHEREAS, the City Manager in report made to the Council dated August 19, 1974, has advised the Council that hidden deficiencies and lack of time precluded exact ascertainment of all work needed to be done in order to provide space in the Courthouse Building for implementation of the Food Stamp Program on July 1, 1974, and that costs of completing the work has exceeded by $4,515.23 the $31,248.00 maximum cost set out by the Council in Resolution No. 21586 and in the contract executed by the City Manager and so approved by the Council; and the City Manager has requested the Council's concurrence therein. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized and empowered to issue a change order to the contract entered into with Hodges Lumber Corporation under date of May 25, 1974, so as to change the total obligation of the City to said contracto~ under said contract, and especially pursuant to paragraphs (3), (4) and (5) thereof, from $31,248.00 to $35,763.23, so as to enable the City's payment of $4,515.23 as the cost of additional work done by said contractor in making alterations, modifications and repairs to the City's Courthouse Building to provide adequate and secure quarters within which to implement and conduct the City's Food Stamp Program. ATTEST APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1974. No. 21790. A RESOLUTION accepting the donation from MR. C. E. NORRIS, a resident of the City, of a flag pole to be used at the recently enlarged Terminal Building at Roanoke Municipal (Woodrum) Airport. WHEREAS, the Council has been advised that, there being no flag poles provided at-the recently remodeled and enlarged Terminal Building at Roanoke Municipal (Woodrum) Airport, Mr. C. E. Norris, a resident and businessman of the City, has offered to donate to the City and have installed a 33-foot aluminum flag pole; which offer this Body wishes to gratefully accept on behalf of the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council accepts for the City the offer of Mr. C. E. Norris to donate and have installed at an appropriate place adjacent to the Airport Terminal Building, a 33-foot aluminum flag pole of such design and specifications as are approved by the City's architects on the job; and that the installation of said flag pole be at such location near said building as is determined between said architects and the Council's Airport Advisory Commission. BE IT FURTHER RESOLVED that the City Manager be and he is hereby directed to transmit to MR. C. E. NORRIS an attested copy of this resolution, and to express to him this Council's acceptance of and appreciation for his aforesaid donation. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of September, 1974. No. 21786. AN ORDINANCE accepting the proposal of J & S Parking Company, Incorporated to operate a public off-street parking facility on certain propery owned by the City, on a month-to-month basis and upon certain other express terms and conditions. WHEREAS, at the meeting of the Council held on August 26, 1974, and after due and proper public advertisement made therefor, two (2) sealed bids or proposals for operation under a lease from the City of Roanoke the parking facility at 314 Campbell Avenue, S. W., were received, opened and read before the Council, whereupon all said bids were referred to a committe composed of the City Manager and the Director of Finance for the purpose of tabulating and studying said bids and making recommendation thereon to the Council; and WHEREAS, the aforesaid committee has tabulated and studied all said bids and reported in writing to the Council at it meeting held on September 3, 1974, that the bid or proposal of J & S Parking Company, Incorporated, has been determined to constitute the best bid submitted to the City pursuant to its advertised invitation, that said bid meets the City's specifications for bids required of all bidders and should be accepted; and that the other bid should, accordingly, be rejected; and WHEREAS, upon the Council's receipt of the aforesaid committee report, representatives of all bidders and all other interested parties were afforded an opportunity to be heard further on the matter before the Council, whereupon, and at the conclusion of which further hearing, the Council is of opinion to concur with the report of the aforesaid committee. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the written proposal of J & S Parking Company, Incorporated, made to the City under date of August 26, 1974, for operating an off-street parking lot at 314 Campbell Avenue, S. W., under lease from the City of Roanoke, terminable at the end of any month, said lessee to pay to the City for the rights and privileges herein granted, 52.5% of its monthly gross receipts, be and said proposal is hereby ACCEPTED; and 2. 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 J & S Parking Company, Incorporated, leasing to said corporation for use for the sole purpose of vehicular parking, those certain lots located on the southerly side of Campbell Avenue, S. W., known and described as Lots 13, 14, 15, 16, 17, 18, 19, 20 and 21, according to the W. W. Coe Map, and bearing Official Tax Nos. 1011311, 1011312 and 1011313, 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 the lease shall be from month-to-month commencing as of October 1, 1974, terminable by either party at the end of any such month by 30-day written notice given to the other party prior to the date of such termination; (b) That there shall be paid to the City as rental for said premises the sum of 52.5% of lessee's gross receipts from operations conducted on said lot, payment of rental to be made monthly no later than the 10th day of each month for rent accruing for previous month; the lessee to keep such books and 120 accounts of records of receipts from parking.operations and the same to be made available for inspection or audit by the Director of Finance of the City upon request at any reasonable time; (c) 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; (d) That the lease shall not be assignable by the lessee nor shall the premises be sublet, in whole or in part, other than to individuals for the purpose of parking privately-owned passenger vehicles, without the prior written consent of the City; (e) 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 (f) 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 or the City Attorney. BE IT FURTHER ORDAINED that the other proposal made to the City in response to its aforesaid invitation to bid be, and said other proposal is hereby REJECTED, the City Clerk to so notify said bidder and to express to it the City's appreciation for said bid. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of September, 1974. No. 21791. A RESOLUTION relating to permanent vacation, discontinuance and closing of a portion of a certain street and an alley within the boundary of the Gainsboro Neighborhood Development Program, Project VA A-6, of the City of Roanoke Redevelop- ment and Housing Authority as hereafter more fully described, appointing viewers in the premises, and referring the proposed closing to the City Planning Commis- sion. 12:1, WHEREAS, the City of Roanoke Redevelopment and Housing Authority, the owner of the lands surrounding or abutting upon the hereinafter described street and alley, has duly posted notice, as required by law, as shown by the Affidavit of Roanoke City Deputy Sheriff Leslie L. Keffer, more than ten (10) days prior to this date at the Courthouse of the Circuit Court of the City of Roanoke and at two public places in the City of Roanoke, that it is petitioning that the follow- ing described street and alley be permanently closed, vacated and discontinued, and has requested that the same be referred to the Planning Commission of the City of Roanoke for its recommendation, and that viewers to view said street and alley be appointed, and do report in writing whether, in their opinion, any, and if any, what inconvenience would result from discontinuing the same. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that whether or not the following portion of a street and an alley should be permanently closed, vacated and discontinued be referred to the Planning Commission of the City of Roanoke for its report to this Council in writing its recommendations in regard thereto, and that pursuant to the provisions of Section 15.1-364 of the Code of Virginia of 1950, as amended, Messrs. J. Tate McBroom, Dewey H. Marshall, Harry Whiteside, Jr., Dale Poe and R. R. Quick are hereby appointed viewers to view the following described portion of a street and an alley, and to report in writing whether, in their opinion, any, and if any, what inconvenience would result from discontinuing the same, said street and alley being described as follows: 1. That portion of Madison Avenue, N. W. from its inter- section with the easterly boundary of Fifth Street, N. W. extending easterly for a distance of 550 feet to a line being an extension of the easterly boundary of the lot known as No. 2021348 of the Tax Appraisal Map of the City of Roanoke. 2. That certain alley located equi-distant between and paralleling McDowell Avenue, N. W. and Madison Avenue, N. W. from the intersection of said alley with the easterly line of Fifth Street, N. W. extending easterly for a distance of approximately 840 feet to the present easterly terminus of said alley. Both of the foregoing descriptions being according to Tax Appraisal Map 202 of record in the City Engineer's Office of the City of Roanoke. APPROVED Deputy City Clerk Mayor ATTEST: i22 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of September, 1974. No. 21792. AN ORDINANCE to amend and reordain Section #480, "Libraries," of the 1974-I 75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIBRARIES # 480 Contractual Services (1) ..................... $5,305.00 (1) Net increase ....... $1,085.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall' be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of September, 1974. No. 21793. A RESOLUTION concurring in the County of Roanoke's temporary use of certain premises owned by the City of Roanoke during the trial of pending annexation proceedings, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke, the City Manager so recommending, that the County of Roanoke, be permitted to temporarily occupy and use the premises at #117 Church Avenue, S. W., known as Lot 15, Block 12, Official Survey, S.W.1, Official Tax No. 1011612, owned by the City of Roanoke for an office and conference purposes, rent free, during trial of pending annexatiol proceedings in the City, with understanding that, the City having recently acquired said premises for the purposes of constructing thereon at an early date a public off-street parking garage and the building being presently scheduled for demolition beginning October 1, 1974, that said County will occupy said premises only so long as the same are not needed to be removed for the aforesaid purpose. I2.3 BE IT FURTHER RESOLVED that the City Manager transmit an attested copy of this resolution to the Chairman of the Board of Supervisors for Roanoke County, and arrange for all of the aforesaid. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of September, 1974. No. 21794. AN ORDINANCE to amend and reordain the 1974-75 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 1974-75 Grant Program Account be amended and reordained to read as follows, in part: JUVENILE & DOMESTIC RELATIONS COURT MEMORY SYSTEM #930 Courtroom Memory System (1) ............. $6,000.00 (1) Net increase $300.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of September, 1974. No. 21795. AN ORDINANCE to amend and reordain Section #175, "Board of Equalization of Real Estate Assessments," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 124 THEREFORE, BE IT O~AINED by the Council of the City of Roanoke that Section #175, "Board of Equalization of Real Estate Assessments," of the 1974- 75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: BOARD OF EQU~IZATION OF ~AL ESTATE ASSESS~NTS #175 Salaries and Wages (1) ...................... $6,200.00 (1) Net increase $800.00 BE IT FURTHER O~AINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of September, 1974. No. 21796, A RESOLUTION relating to a proposal for the City's disposition and the subsequent use of the City Market Building property. WHEREAS, in report made to the Council dated September 9, 1974, the Chairman of the Council's Real Estate Committee has advised the Council of a pro- posal made to the Committee by Southwest Virginia Community Development Fund that the City agree to sell and convey to a corporation to be created by the Develop- ment Fund the City Market Building property for a price to be agreed upon but estimated to amount to approximately $250,000.00, which would be spent by the City in improvements around the Market Building, the purchaser to assume existing leases outstanding on said property and, after making extensive renoVations and improvements to said building, to operate therein a food arcade; and WHEREAS, said Chairman has reported that the revenues anticipated to be gained by the City from such use of the property would be advantageous, and that use of said building as a food arcade and related purposes and improvement of the public areas around the Market Building by expenditure of the purchase money would all tend to develop the better use of the Market area and would lend to the current plans for the Downtown East Redevelopment Project; and has suggest- ed that the Council authorize said Committee to continue its negotiations and discussions with the parties making the aforesaid proposals. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body concurs, generally, with the concept of the converted use of the City Market Building property reported by the Chairman of the Real Estate Committee as aforesaid, and authorizes said Committee to continue its discussions and negotiations with representatives of Southwest Virginia Community Development Fund towards arriving at an agreement upon which the matters reported upon may be accomplished. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of September, 1974. No. 21797. AN ORDINANCE authorizing the City's purchase from G. L. Whitlow of a privs water system located in the northwest section of the City, upon certain terms and conditions; and providing for an emergency. WHEREAS, the Council's Water Resources Committee, negotiating with Mr. G. L. Whitlow for the purchase of his private water system serving approximately 40 residents in the northwest section of the City, has recommended to the Council in report made under date of September 9, 1974, that the City purchase said water system upon the terms and conditions hereinafter provided, in which recommendation the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that an emergency is deemed to exist so that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be and are hereby authorized and empowered to purchase for the City from Mr. G. L. Whitlow his private water system located in the northwest section of the City and consisting of certain wells and well lots, water distribution lines, meters, valves and related equipment, easements and all other rights and property used in the conduct of the private water system, together with all contracts and agreements with its approximate 40 customers and, 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 to make payment of the following cash consideration: 125 --e (a) By check made payable jointly to G. L. Whitlow and the City Treasurer as full settlement with the City for certain unpaid water utility taxes, penalties and interest for the period 1967-1969, the sum of $515.35, plus interest at 8% per annum from March 1, 1970, on $485.91 thereof; and (b) By check made payable to G. L. Whitlow, the sum of $250.00; the aforesaid payments to be made from Water Fund Account 450-766, New Services, Hydrants and Water Lines; and as further consideration to the said G. L. Whitlow the waiver and cancellation of the City's claim against said owner of the sum of $288.54, for work performed by the City on said private water system and all sums which might be due and owing to the City by the said G. L. Whitlow for uncollected or unpaid sewage treatment charges imposed on customers of said private water system. BE IT FURTHER ORDAINED that the City Manager be and he is hereby authorized and directed, following acquisition of said private water system by the City, to cause to be constructed and installed approximately 600 feet of new 6-inch water line and 40 new services with meters, capable of serving the customers of the aforesaid private water system, the cost of which improvements shall be paid from Water Fund Account 450-779, Plant Replacement Estimate; and to notify each of the customers of said private water system of the City's purchase of the same and of the improvements thereto herein directed to be made. BE IT FINALLY ORDAINED that an emergency existing this ordinance be in force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of September, 1974. No, 21799. AN ORDINANCE authorizing the purchase from Roy H. Park Broadcasting of Roanoke, Inc., of certain lots fronting 100 feet on the north side of Church Avenue, S. W., in the City of Roanoke, Virginia, being shown on the Tax Appraisal Maps of the City as Official No. 1101328, and being Lots 42, 43, 44 and 45 as shown on the W. W. Coe Map, upon certain terms and provisions; providing for payment of the purchase price thereof upon delivery of a deed to the City and for recordation of such deed; and providing for an emergency. 127 WHEREAS, the City Manager has reported to the Council that, in negotiations conducted with representatives of Roy H. Park Broadcasting of Roanoke, Inc., owner of the property herein described, for acquiring said property as part of the site for new jail facilities, said owner has agreed to sell and convey the same to the City for a consideration of $200,000.00, cash, in payment of the value of the property and all damage claimed by the owner by reason of the acquisition and with provision that possession be delivered to the City sixty (60) days subsequent to this date, and has recommended that the Council approve all of the aforesaid; and WHEREAS, funds sufficient to pay the purchase price herein provided have been appropriated by the Council for the purpose and, for the usual daily operation of the municipal government an emergency is declared to exist, in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he hereby is autlhorized to notify authorized represent~- tives of Roy H. Park Broadcasting of Roanoke, Inc., that the City of Roanoke ~ will purchase those certain lots on the north side of Church Avenue, S. W., in the City of Roanoke, Virginia, and being shown on the Tax Appraisal Maps of the City as Official No. 1011328, and being Lots 42, 43, 44 and 45 as shown on the W. W. Coe Map, pursuant to the City's offer heretofore made to the said owner and its written acceptance of said offer given to the City Manager under date of August 26, 1974, for a purchase price of $200,000.00, cash, the transaction to be closed and possession to be delivered to the City at from sixty (60) to seventy (70) days from the passage of this ordinance; and the City Manager is hereby authorized and empowered to enter into written contract of sale with said owner with respect to all the aforesaid upon form prepared and approved by the City Attorney. BE IT FURTHER ORDAINED that, upon certification by the City Attorney of good title to said land and upon delivery to the City of good and sufficient deed of conveyance, approved by the City Attorney and made with General Warranty of Title and Modern English Covenants, the Director of Finance be and is hereby authorized and directed to issue and deliver to the City Attorney for delivery to said Roy H. Park Broadcasting of Roanoke, Inc., or its attorney, the City's check or checks in the aggregate sum of $200,000.00, in payment of the agreed purchase price of said land; thereafter said deed to be recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor $2:'8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of September, 1974. No. 21800. A RESOLUTION concurring in certain renovations to be made by Piedmont Aviation, Inc., in the spaces occupied by said airline in the Airport Terminal Building, upon certain terms and conditions. WHEREAS, the Council's Airport Advisory Committee has advised the Council of the desire of Piedmont Aviation, Inc., occupant of certain space in the Airport Terminal Building under lease dated April 1, 1972, to make certain renovations and changes in said space as the same are shown on a set of plans and specifications prepared for said airline by Sheretz, Franklin and Shaffner, Architects, dated August 15, 1974, except for certain minor revisions in said plans which may be required by the City, and has recommended that the Council concur in the same, upon the understanding hereinafter set out. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body approves and concurs in the request of Piedmont Aviation, Inc., to be authorized to effect those certain renovations of the 3,081 square feet of space occupied by said airline on the main floor of the Airport Terminal Building under its lease from the City dated April 1, 1972, as such renovations are shown on the plans and specifications hereinabove mentioned but with such minor changes or revisions thereof as may be required by the City Manager; it to be understood that all terms and provisions of the aforesaid lease remain valid and binding between the parties, that the renovations shall be completed as soon as practicable by said airline but no later than March 31, 1975, and that all equipment, material and supplies shown and referenced on the aforesaid plans and specifications as being necessary for such renovative work shall, upon such use, become the property of the City and subject to the terms of the aforesaid lease agreement. APPROVED ATTEST: Deputy City Clerk Mayor 129 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of September, 1974. No. 21801. AN ORDINANCE to amend and reordain Section #550, "Airport," of the 1974-75 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 #550, "Airport," of the 1974-75 Municipal Airport Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ATTEST: AIRPORT #550 Terminal Building Addition (1) ................ $675.00 (1) Net increase ...... $675.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1974. No. 21798. AN ORDINANCE amending part B. of Sec. 2. Discriminatory Housing Practice~ of Chapter 8, Fair Housing, of Title XV, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new paragraph providing that nothing in the City's Fair Housing Ordinance shall be construed to bar any person from refusing, on the basis of age, sex, or marital status, to sell, rent, or advertise any multi-unit dwelling which is planned for and occupied exclusively by specific age groups or by indigent, or medically or mentally incapacitated person; and providing for the effective date of this ordinance. WHEREAS, upon reference of the matter by the Council, the Fair Housing Board has recommended to the Council that Ordinance No. 21458, the Fair Housing Ordinance, be amended in the manner hereinafter set forth, in which recommendation the Council concurs. THEREFORE, BE I~ ORDAINED by the Council of the City of Roanoke that part B. of Sec. 2, Discriminatory Housing Practices, of Chapter 8. Fair Housing, of Title XV, of the Code of the City of Roanoke, 1956, as amended, be and said paragraph is hereby amended by the addition thereto of a new subparagraph, to be numbered 7, said subparagraph to read and provide as follows: 7. Nothing in this chapter shall be con- strued to bar any person from refusing, on the basis of age, sex, or marital status, to sell, rent, or advertise any multi- unit dwelling which is planned for and exclusively occupied by persons of speci- fic age groups, or by indigent persons, or by persons medically or mentally incapacitated. BE IT FURTHER ORDAINED that this ordinance be in full force and effect on and after October 1, 1974. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1974. No. 21802. AN ORDINANCE to amend and reordain Section 947000, "Schools - Title I, E.S.E.A., P. L. 89-10," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 947000, "Schools - Title I, E.S.E.A., P. L. 89-10," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - TITLE I, E.S.E.A., P. L. 89-10 947000 *Personal Services ...................... $97,636.00 *Supplies and Special Services .......... 21,933.00 *Travel ................................. 1,200.00 *Fixed Charges .......................... 10,000.00 *100% of actual expenditures to be reimbursed by Title I, E.S.E.A., P. L. 89-10 funds 13I BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1974. No. 21803. AN ORDINANCE waiving certain provisions contained in Rule 6, of Sec. 5, Chapter 1, of Title XII, of the Code of the City of Roanoke, 1956, as amended, so as to permit the provision of public water service to certain lots in the Riverdale Heights section of the city through private easements, upon certain terms and conditions; and providing for an emergency. WHEREAS, Fekas Homes, Inc., having heretofore acquired the real property upon which the old Riverdale Elementary School was situated, and subsequently subdivided the same and constructed thereon private residential structures, has through its attorney, by letter dated September 10, 1974, requested that the Council waive the provisions contained in Rule 6, of Sec. 5, Chapter 1, Title XII, of the Code of the City of Roanoke, 1956, as amended, in order that Lots 7 through 13, inclusive, according to Plat of Riverdale Heights, be able to be afforded and provided public water service through private easements running to the mutual benefit of the prospective purchasers of said lots; and WHEREAS, the City Manager has recommended that this request be granted upon the conditions hereinafter set forth; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance be in effect upon its passage. THEREFORE BE IT ORDAINED by the Council of the City of Roanoke that those provisions contained in Rule 6, Sec. 5, Chapter 1, of Title XII, of the Code of the City of Roanoke, 1956, as amended, requiring service connections, including the tapping of mains, pipe to the curb line, suitable meter boxes, meters, and outlet connections, set at the curb line, and installed from the main and at right angles to it, along the customer's frontage on which a main passes, be and said provisions are hereby waived in favor of Fekas Homes, Inc., as to Lots 7 through 13, inclusive, according to the Plat of Riverdale Heights, in order that public water service be supplied to said lots through private easements, upon the express condition that Fekas Homes, Inc., reserve appropriate easements running to the benefit of the subsequent lot owners, their heirs, $32 successors and assigns, of each of the aforesaid Lots 7 through 13, inclusive, of the Plat of Riverdale Heights, for the construction, operation, maintenance and repair of necessary water lines and the construction on each lot of appropriate booster pumping stations to become the property of and maintained by the owners of said lots, all such water service installations to be, otherwise, in full accordance with all other rules and regulations of the City's Water Department. BE IT FURTHER ORDAINED that the City Clerk do transmit an attested copy of this ordinance to the Clerk of the Circuit Court of the City of Roanoke and that the same be recorded in the current deed books in the latter's office, indexed in the name of Fekas Homes, Inc., as Grantor. BE IT FINALLY ORDAINED that an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1974. No. 21804. AN ORDINANCE to amend and reordain the 1974-75 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 1974-75 Grant Program Account be amended and reordained to read as follows, in part: Child Abuse Documentary (1) ................ $13,370.00 (1) Net increase $1,980.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1974. No. 21805. AN ORDINANCE to amend and reordain Section #714, "Personnel and Training," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #714, "Personnel and Training," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PERSONNEL AND TRAINING #714 Travel Expense and Education (1) ....... $2,072.55 (1) Net increase .... $23.55 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1974. No. 21806. A RESOLUTION offering to make available to the Board of Trustees of The Science Museum of Virginia a tract of land containing approximately 59 acres on the west side of Yellow Mountain Road, in the City of Roanoke and Roanoke County, for establishment of a State Science Museum facility. WHEREAS, the City Manager has advised the Council that the Site Selectioi Committee of the Science Museum of Virginia has expressed keen interest in acquiril a tract of land containing approximately 59 acres, owned by the City and situate partly in the City of Roanoke and partly in Roanoke County, on the west side of Yellow Mountain Road, and south of the Mill Mountain Spur Road, for the construe thereon of a science museum to serve western Virginia, and has recommended that the Council offer to make said tract of land available to the Science Museum of Virginia for the aforesaid purpose, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council doth hereby offer to make available to The Science Museum of Virginia tion I34 that certain 59 acre tract of land situate west of Yellow Mountain Road and south of the Mill Mountain Spur Road and presently designated for public park purposes for the construction thereon of a science museum, and doth strongly urge the Site Selection Committee of the Science Museum of Virginia to give full considera- tion to this most appropriate location for a State Science Museum. BE IT FURTHER RESOLVED that the City Manager cause attested copies of thi~ resolution to be immediately delivered to the members of the Site Selection Committee of The Science Museum of Virginia, together with a plat or sketch of said site showing, generally, its size and location. ATTEST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1974. No. 21807. Ai~ ORDINANCE amending and reordaining Sec. 38.1, Antique, food, or rummage shows and sales sponsored by nonprofit organizations, of Chapter 8. License Tax Code, of Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, by certain paralleling the applicable State law regarding the taxation of persons or organizations conducting in certain shows and sales; and providing for an emergency. WHEREAS, Sec. 38.1 of Chapter 8, Title VI, of the Code of the City of Roanoke, 1956, as amended, presently provides that a local charitable, religious fraternal, patriotic, civic or other nonprofit organization may sponsor an antique, food or rummage show and sale upon the issuance of a license therefore, and upon the payment of a tax of $20.00, which section, the Council is advised, was formerly in substantial accordance with similar provisions of the 1950 Code of Virginia; and WHEREAS, the Council is advised that recent sessions of the General Assembly of Virginia have substantially amended the State statute pertaining to such shows and sales and, in order to achieve uniformity in the licensing of shows and sales conducted within the City under State statute and local ordinanc the Council desires to amend the City's license tax code in the manner hereinafter set forth; 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 Section 38.1. Antique, food or rummage shows and sales sponsored by nonprofit organizations, of Chapter 8. License Tax Code, of Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained so as to read and provide as follows: Sec. 38.1. Shows and sales. Any person or organization may sponsor a show and sale in the City of Roanoke on the taking out of a license under this sec- tion. A tax of thirty dollars is hereby imposed on each antique show and sale, and a tax of two hundred dollars is hereby im- posed on all other shows and sales, the pay- ment of which tax shall permit such shows and sales for not exceeding one year from the date the same is begun. A license issued under this section shall be in lieu of an itinerant vendor's or.peddler's license which would be otherwise required of any seller who participates in such show and sale under the sponsorship of such person or organization. The tax imposed hereby shall not apply to any auction or other sale, if the only sales thereunder are made directly by a nonprofit organization. Notwithstanding any other provision in this chapter or title, the license issued hereunder shall not be prorated nor issued on a quarterly basis. BE IT FINALLY ORDAINED that an emergency existing, this ordinance shall be in force upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1974. No. 21808. A RESOLUTION authorizing the engagement of George B. Buck, Consulting Actuaries, Inc., to study certain aspects of recently enacted Federal pension legislation. BE IT RESOLVED by the Council of the City of Roanoke that the Council's Transportation Committee be and is hereby authorized to engage~the services of George B. Buck, Consulting Actuaries, Inc., to make study, report and recommend~ :ion 135 regarding the current and potential liability of Roanoke City Lines, Inc., to its present pensioners, to those employees who will retire at the anticipated date of acquisition by the City or Greater Roanoke Transit Company, of the company and to those persons in the Lines' employee who will have five years of service at the time of acquisition, and, additionally, to determine what might be the City's and/or Greater Roanoke Transit Company's potential liability in the matter, and any other relevant matters deemed pertinent in light of recently enacted Federal pension legislation. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1974. No. 21809. A RESOLUTION extending the City's invitation to the Virginia Municipal League to hold its 73rd Annual Convention for 1978 in the City of Roanoke. WHEREAS, the convention of the Virginia Municipal League annually offers the opportunity for the largest number of those local officials directly concerned with the government of cities, towns and urban counties to attend, participate in and contribute to matters related to important concerns of local government; and WHEREAS, the City of Roanoke offers fine and complete convention facilities comparable with any in the Commonwealth, and this Council desires that said League hold its annual convention for the year 1978 in the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth hereby extend its invitation to the Virginia Municipal League to hold its 73rd Annual Convention in the City of Roanoke. BE IT FURTHER RESOLVED that the City Clerk do transmit attested copies of this resolution to the Virginia Municipal League and to the Chairman of its Time and Place Committee. ATTEST: APPROVED Deputy City Clerk Mayor 1:3'7' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of September, 1974. No. 21810. AN ORDINANCE to amend and reordain Section 9539, "Nursing Home," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 9539, "Nursing Home," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NURSING HOME 9539 Contractual Services (1) (1) Net increase ................ $20,050.00 $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 23rd day of September, 1974. No. 21811. AN ORDINANCE to amend and reordain Section 9530, "C.A.M.P.S.," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 9530, "C.A.M.P.S.," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: C.A.M.P.S. 9530 Salaries and Wages (1) Utilities and Communications (2) .................. Contractual Services (3) .......................... Travel Expense and Education (4) .................. Maintenance of Buildings, Property and Equipment (5) ................................. Supplies and Materials i~i ..... ............................ $17,100.00 1,029.00 410.71 3,932.00 784.00 58.00 (1) Net decrease (2) Net decrease-- (3) Net increase-- (4) Net decrease (5) Net increase-- (6) Net decrease -$ .32 88.34 402.04 - 313.73 .55 - .20 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of September, 1974'. No. 21812. A RESOLUTION naming the City of Roanoke's representative and an alternate to the Policy Board of the Roanoke Consortium in accordance with the terms of an Agreement for Planning and Operation of Manpower Services under the Comprehens Employment and Training Act of 1973, dated July 1, 1974, as amended. BE IT RESOLVED by the Council of the City of Roanoke that, pursuant to Article II (a) of that certain Agreement for Planning and Operation of Manpower Services under the Comprehensive Employment and Training Act of 1973, dated July 1, 1974, as amended, between the Cities of Roanoke, Salem, Clifton Forge and Covington and the Counties of Botetourt, Craig and Alleghany, this Council doth name and designate as the City of Roanoke's representative and alternate to the Policy Board referred to in said agreement, the City Manager of the City of Roanoke and the Director of Technical and Administrative Planning of the City of Roanoke, respectively. BE IT FURTHER RESOLVED that the City Manager do forthwith cause copies of this resolution to be transmitted to the United States Department of Labor through the appropriate channels. APPROVED ATTEST: City Clerk Mayor Eve 139 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of September, 1974. No. 21813. AN ORDINANCE to amend and reordain Section 9345, "Police," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 9345, "Police," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE 9345 Salaries and Wages (1) ................ $2,279,807.00 (1) Net increase. --$886.00 BE IT FURTHER ORDAINED that, an emergency existing, 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 September, 1974. No. 21814. AN ORDINANCE authorizing the proper City officials to accept from Billy H. Branch, and others, and cause to be recorded, a deed donating a fifty (50) foot wide easement to the City for water line extension purposes over certain real estate belonging to said persons, in Roanoke County for the nominal considerat of Ten Dollars ($10.00); and providing for an emergency. 'WHEREAS, Billy H. Branch, and others, have offered to donate to the City a 50-foot wide easement for water line extension purposes over a portion of real estate located north of Thirlane Road (Va. Secondary Route No. 626) in the County of Roanoke, and have delivered to the City a proper deed of easement in the premises; 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. .on 140 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 water line extension purposes over a 50-foot wide strip : of land belonging to Billy H. Branch, and others, said easement to extend northeasterly from the north line of Thirlane Road (Va. Secondary Route No. 626) 320 feet, the location of said easement being shown on a plat made by Buford T. Lumsden & Associates, Certified Land Surveyors, dated March 25, 1974. 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 23rd day of September, 1974. No. 21815. A RESOLUTION rejecting all bids received for furnishing and delivering three (3) new leaf loading machines to the City, and directing that the matter be readvertised for bids. WHEREAS, on September 12, 1974, after due and proper advertisement had been made therefor, four (4) bids for furnishing and delivering three (3) new leaf loading machines to the City were received in the office of the City's Purchasing Agent and opened and read before three members of a committee appointed for the purpose, which bids were, thereafter tabulated and studied by said committe which has made written report and recommendation to the Council, in which recommend~ tion the City Manager concurs, after which the Council, upon mature consideration, concluded that all such bids should be rejected. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the four (4) bids received on September 12, 1974, for furnishing and delivering three (3) new leaf loading machines to the City be and the same are hereby REJECTED the City Clerk to so notify said bidders and to express the City's appreciation of said bids. BE IT FURTHER RESOLVED that the City Manager do proceed to readvertise the matter for bids. APPROVED ATTEST: ~L~_- City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of September, 1974. No. 21816. A RESOLUTION relating to the Honorable VIRGINIA L. SHAW, former City Clerk of the City of Roanoke. WHEREAS, the Honorable Virginia L. Shaw has tendered to the Council her resignation as City Clerk of the City of Roanoke effective September 15, 1974; and WHEREAS, joining the City as a stenographer in 1935, she has faithfully and honorably served as City Clerk of the City of Roanoke since February 6, 1962, performing all matters of her office in a diligent and competent manner; and WHEREAS, as City Clerk, she strove to increase the efficiency of the office of which she was in charge and faithfully served and cooperated with the elected members of the Roanoke City Council, the government personnel of the City of Roanoke and all residents of the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council formally recognizes the contributions made to the City of Roanoke by the Honorable VIRGINIA L. SHAW while serving as City Clerk of the City of Roanoke, and does hereby extend to said former City Clerk this Council's appreciation for those contributions. BE IT FURTHER RESOLVED that an attested copy hereof be transmitted by the Office of the City Clerk to the Honorable VIRGINIA L. SHAW. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of September, 1974. No. 21817. A RESOLUTION relating to the Honorable LEWIS GREGORY LEFTWICH, former Commissioner of Buildings of the City of Roanoke. WHEREAS, LEWIS GREGORY LEFTWICH has recently tendered to the City his notice of retirement as Commissioner of Buildings of the City of Roanoke; and WHEREAS, this native of Roanoke, who, after serving his nation in the United States Navy and Federal Housing Administration, joined the City of Roanoke as a Building Inspector in 1954, and thereafter was named Commissioner of Buildings in 1956, in which position Mr. Leftwich has, as theretofore, exhibited outstanding ability and a sense of personal devotion to his duties and has served the City and its citizens with distinction, both in his official duties and in many civic matters. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth publicly commend the Honorable LEWIS GREGORY LEFTWHICH for his years of service as Commissioner of Buildings, as a member of the City's Fair Housing Board, and in his varied activities in the Building Officials Congress of America and the Southern Standard Building Code Congress; and this Council extends to him its warmest sense of appreciation and that of the citizens of the City, for the exemplary service he has rendered the City and its said citizens. BE IT FURTHER RESOLVED that the City Clerk do transmit to Mr. Leftwich an attested copy of this resolution on behalf of the Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of September, 1974. No. 21818. A RESOLUTION accepting the donation of a Bicentennial Flag from the four ~Chapters in the City of Roanoke of the Daughters of the American Revolution. WHEREAS, the City of Roanoke and the Roanoke Valley, by reason of having initiated a schedule of events to commemorate 200 years of American independ~ have been designated a Bicentennial Community by the American Revolution Bicentenni~ Administration, and by such designation have been authorized to display the official Bicentennial Flag; and WHEREAS, the General James Breckinridge Chapter, the Colonel William Preston Chapter, the Nancy Christian Fleming Chapter and the Margaret Lynn Lewis Chapter of the Daughters of the American Revolution have obtained and presented to the CoUncil a Bicentennial Flag intended to be flown on the Courthouse building in the City of Roanoke; and this body wishes to gratefully accept this Bicentennial Flag on behalf of the City. nce, 1 143 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council accepts for the City the donation of an official Bicentennial Flag, generously provided by the members of the aforesaid Roanoke City Chapters of the Daughters of the American Revolution and doth direct that the City Manager do cause said flag to be flown from the flagstaff of the Courthouse building on appropriate occasions in commemoration of 200 years of American independence. BE IT FURTHER RESOLVED that the Deputy City Clerk do transmit an attested copy of this resolution to Mesdames John R. Cooper, J. H. Johnson, Arthur S. Talmadge, and R. C. Churchill, Regents of the abovenamed Chapters of the Daughters of the American Revolution. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of September, 1974. No. 21819. AN ORDINANCE to appropriate to the City of Roanoke's 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 Grant Program Account be amended to read as follows, in part: GRANT #74-A2373, Police Training Program Local Cash Match ........................... $1,926.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 144 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of September, 1974. No. 21820. A RESOLUTION addressed to the State Corporation Commission relative to Appalachian Power Company's application for authority to impose a surcharge of 44.7% on its basic rates charged customers for electric service. WHEREAS, the City of Roanoke has been notified of Appalachian Power Company's application made to the State Corporation Commission in Case No. 19434 for emergency authority to apply to its basic rates charged customers in Virginia for electric power a surcharge equal to 44.7% of its present basic rates, excluding that portion of its customers' bills attributable to its fuel adjustment clause and prior to application of local utility taxes, asking that the proposed surcharge be allowed to become effective for electric service supplied on and after October 1, 1974, and basing its application on contention that a decline in its present rate of return is jeopardizing the construction program required for the electric power needs of the public; and WHEREAS, while this Council is fully cognizant of the increasing demands for supply of electric power and energy and of the increasing costs faced by public service corporations charged with the duty of producing and distributing the same, nevertheless, it views with great concern a proposal which, without opportunity for full investigation by the Commission and other agencies and groups charged with protecting the interests of the general public and without due and regular public hearing or hearings conducted before said Commission, would authorize imposition on the public of a 44.7% increase in its cost for use of electric power and energy. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body, looking to the best interests of the residents, business and industrial interests of said City of Roanoke who depend upon Appalachian Power Company for supply of their needs for electric power under rates regulated by the State Corporation Commission, does hereby respectfully petition and urge upon the Chairman and Members of the State Corporation Commission to proceed most cautiously and with extreme regard for the interests of the general public as well as those of the public utility, with studied consideration to the impact which a 44.7% surcharge, even though temporary and with provision for refund should the increase not be later made permanent, would have upon the numerous customers of the public utility whose incomes are meager or insufficient and already jeopardized by spiraling inflation, and in permitting, even on a temporary basis, an increase of the magnitude proposed in the applicant's rates charged its customers in Virginia for electric power and service. t45 BE IT FURTHER RESOLVED that attested copies of this resolution be immediately transmitted to the Honorable William C. Young, Clerk of the State Corporation Commission, with request that it be brought to the attention of the Chairman and Members of said Commission; and that the proper city officials be authorized to appear at the hearing before the Commission set for October 7, 1974, in furtherance of the matters herein set out. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21825. AN ORDINANCE to amend and reordain Section #47000, "Schools - Urban Rural Carryover," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #47000, "Schools - Urban Rural Carryover," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained, to read as follows, in part: SCHOOLS - URBAN RURAL CARRYOVER #47000 Urban Rural Carryover .................. $29,375.00 *100% of actual expenditures to be reimbursed by Title I, P. L. 89-10 funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance ATTEST: City Clerk Mayor shall be in effect from its passage. APPROVED 146 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21826. AN ORDINANCE to amend and reordain Section #480, "Libraries," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIBRARIES #480 Contractual Services (1) ...................... $ 5,655.00 Supplies and Materials (2) .................... 180,209.00 Other Equipment (3) ........................... 8,620.00 Vehicular Equipment (4) ....................... 15,770.00 (1) Net increase (2) Net increase (3) Net increase (4) Net increase $ 350.00 10,209.00 1,200.00 15,770.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21827. AN ORDINANCE to amend and reordain Section #475, "Parks and Recreation," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PARKS AND RECREATION #475 Supplies and Materials (1) ................ $30,031.00 (1) Net increase $1,031.00 BE IT FURTHER O~AINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21828. AN ORDINANCE to appropriate to the City of Roanoke's 1974-75 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 1974-75 Grant Program Account be amended to read as follows, in part: GRANT #74-A2490, IBM ~MORY TYPEWRITER FOR THE OFFICE OF THE COMMONWEALTH'S ATTORNEY IBM Memory Typewriter .................. $1,980.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21829. 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 allow the Commonwealth's Attorney's Office to rent an IBM Memory typewriter for one year. 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 1,4,8 WHEREAS, the Division of Justice and Crime Prevention has awarded funds to the City pursuant to Grant No. 74-A2490 to allow the Commonwealth's Attorney's Office to rent an IBM Memory typewriter for one year, 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-A2490 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. 74-A2490 for Federal funds in the amount of $1,881.00 through said Division, to be'used, along with certain other local funds, to allow the Commonwealth's Attorney's Office to rent an IBM Memory typewriter for one year, estimated to cost approximately $1,980.00; 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 30th day of September, 1974. No. 21830. AN ORDINANCE to amend and reordain Section #116, "Circuit Court," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 149 CIRCUIT COURT #116 Office Furniture and Equipment (1) ....... $2,220.00 Local Cash Match (2) ..................... 120.00 (1) Net decrease .... $120.00 (2) Net increase ..... $120.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21831. AN ORDINANCE to amend and reordain the 1974-75 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 1974-75 Grant Program Account be amended and reordained to read as follows, in part: GRANT - COURT EQUIPMENT FOR CIRCUIT COURT Court Equipment (1) (2) .................... $2,400.00 (1) Net increase. $2,400.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21832. A RESOLUTION authorizing the acceptance, execution, and filing of the necessary waiver with the Supreme Court of Virginia for an action grant of Federal funds administered by the Supreme Court of Virginia to purchase dictapho] equipment for the Circuit Court of the City of Roanoke. WHEREAS, pursuant to prior authority of this Council, there has been filed on behalf of the City with the Supreme Court of Virginia an application for an action grant award of Federal funds under the Law Enforcement Assistance Act and administered by the Supreme Court of Virginia; and WHEREAS, the Supreme Court of Virginia has awarded Federal funds under the Law Enforcement Assistance Act to the City pursuant to Grant No. 74- A2603 to purchase dictaphone equipment for the Circuit Court of the City of Roanoke, subject to the acceptance, execution and filing by the City of the waiver provided by the Supreme Court of Virginia; and WHEREAS, the City Manager recommends to the Council that Federal funds administered by the Supreme Court of Virginia under Grant No. 74-A2603 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 waiver provided by the Supreme Court of Virginia with the office of the Executive Secretary of the Supreme Court of Virginia for Federal funds under Grant No. 74-A2603 in the amount of $2,280.00 through said office, to be used, along with certain other local funds, to purchase dictapho equipment for the Circuit Court of the City of Roanoke, estimated to cost approxima ly $2,400.00; 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 Supreme Court of Virginia in connection with the City's aforesaid acceptance of said grant or with said project. ATTEST: APPROVED City Clerk Mayor Le Le e- 151 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21833. AN ORDINANCE authorizing the City's purchase from Roy R. Thurman and Thelma N. Thurman, husband and wife, Cove Road Water Company, Incorporated, and Covehaven Court Water Company, Incorporated, of private water systems located adjacent to Cove Road in Roanoke County, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager, the Council's Water Resources Committee concurring, after negotiating with Roy R. Thurman and Thelma N. Thurman, husband and wife, owners of three private water systems serving certain residents adjacent to Cove Road in Roanoke County, has recommended to the Council in report dated September 30, 1974, that the City purchase said water systems upon the terms and conditions hereinafter provided, in which recommendation the Council concurs; and WHEREAS, it is necessary, for the usual daily operation of the municipal government, that an emergency is deemed to exist so that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be and are hereby authorized and empowered to purchase from Roy R. Thurman and Thelma N. Thurman, husband and wife, owners of that certain unincorporated private water system serving Rockland Court, and owners of all of the stock of Cove Road Water Company, Incorporated, and Covehaven Water Company, Incorporated, those three certain private water systems located adjacent to Cove Road in Roanoke County and consisting of certain wells and well lots, water distribution lines, meters, valves, and related equipment, easements and all other rights and property used in the conduct of the private water systems, upon delivery to the City of good and sufficient deeds of conveyance or bills 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 to make payment for the same of the cash consideration of $23,340.08, to be made from Water Fund Account 450-766, New Services, Hydrants and Water Lines, such conveyance and transfer to be subject to provision that title to certain identified pumping equipment contained in present well houses will revert back to Roy R. Thurman and Thelma N. Thurman when the City ceases to use said wells as sources of water or, in no event, later than two calendar years from the date of closing of said transaction. BE IT FURTHER ORDAINED that the City Manager be and he is hereby authoriz and directed, following acquisition of said private water systems by the City to expend the estimated sum of $15,000.00 in extending the City's present system, ~d ,.152 making connections to the aforesaid water systems, changing meter registers from gallons to cubic feet and other general improvements, the cost of which improvements shall be paid from Water Fund Account 450-779, Plant Replacement Estimate, and to notify each of the customers of the said private water systems of the City's purchase of the same and of the improvements thereto herein directed to be made. 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 30th day of September, 1974. No. 21835. AN ORDINANCE accepting a certain proposal for furnishing channel type steel sign posts to the City, and authorizing the issuance of a purchase order therefor; rejecting certain other bids; and providing for an emergency. WHEREAS, on September 20, 1974, 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 Purchasing Agent 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, recommending acceptance of a certain proposal as hereinafter provided; and the Council, considering all of the same, has deter- mined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said new equipment and should be accepted, funds sufficient to pay for the purchase price of said materials 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 Municipal Street Sign Company, Long Island, New York, for the supply to the City, f.o.b. Roanoke, of: 153 800 Posts 2.4 lb. per ft. x 11 ft. $ 5,064.00 500 Posts 3.0 lb. per ft. x 12 ft. $ 4,140.00 50 Posts 3.0 lb. per ft. x 13 ft. $ 448.00 50 Posts 3.0 lb. per ft. x 14 ft. $ 483.00 Total $10,135.00 be, and said bid is hereby ACCEPTED; and the City's Purchasing Agent 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 proposal, the City's specifications made for the supply of said material, and the provisions of this ordinance. 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 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 full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21836. AN ORDINANCE providing for the City's purchase of new two-way radios and battery chargers for use by the City, upon certain terms and conditions; and providing for an emergency. WHEREAS, on the 20th day of September, 1974, and after due and proper advertisement had been made therefor, one bid made to the City for the supply of new two-way radios and battery chargers needed for the use of the City was opened and read before the City's bid committee, then consisting of the City Purchasing Agent, the Director of Utilities and Operations and the Director of Public Works, whereafter said bid was tabulated and studied by said committee and transmitted to the Council by report and recommendation of said committee dated September 30, 1974; and WHEREAS, the bid made to the City by Motorola, Incorporated, hereinafter accepted, is shown by the written report and tabulation of said committee, con- curred in by the City Manager, to be the only bid made to the City for the supply 154 of said two-way radios and battery chargers, said bid appearing to meet all of the City's specifications and requirements made of interested bidders; and, funds sufficient to pay for the purchase price of said new two-way radios and battery chargers having been appropriated by the Council for the purpose, the Council concurs in the committee's recommendation that the aforesaid bid be accepted; and WHEREAS, for the usual daily operation of the municipal government and of the department concerned, 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 bid of Motorola, Incorporated, to furnish and deliver 53 new two-way solid state mobile radios, 10 new two-way solid state portable radios, 1 new 12-unit multiple battery charger for portable radios, 3 new single-unit battery chargers for portable radios, 50 new receive and transmit crystals for use in mobile radios, meeting all of the City's advertised specifications and requirements, for a net price of $49,193.00, cash, plus the transfer and delivery to said bidder of 25 old two-way radios offered as trade-ins on said purchase be, and said bid is hereby ACCEPTED; and the City Purchasing Agent be, and he is hereby authorized and directed to issue to Motorola, Incorporated, for and on behalf of the City, requisite purchase orders for the aforesaid new two-way radios, battery chargers and receive and transmit crystals, incorporating in said purchase orders the City's specifications and requirements made of all bidders, the terms of the proposal hereinabove accepted and the provisions of this ordinance, and, upon delivery of said new two-way radios, battery chargers and receive and transmit crystals to the City and acceptance thereof by the City Manager, the Director of Finance shall pay for the same out of funds appropriated for the purpose. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in effect upon its passage. ATTEST: APPROVED City Clerk Mayor t55 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21837. A RESOLUTION rejecting the only bid received for furnishing and deliverin one new rubber tired motor grader to the City, and directing that the matter be readvertised for bids. WHEREAS, on September 11, 1974, after due and proper advertisement had been made therefor, one (1) bid for furnishing and delivering one new rubber tired motor grader to the City was received in the office of the City's Purchasing Agent and opened and read before three members of a committee appointed for the purpose, which bid was, thereafter tabulated and studied by said committee which has made written report and recommendation to the Council, in which recommend the City Manager concurs, after which the Council, upon mature consideration, concluded that the bid should be rejected. THEREFORE BE IT RESOLVED by the Council of the ~City of Roanoke that the bid received on September 11, 1974, for furnishing and delivering one new rubber tired motor grader to the City be and the same is hereby REJECTED; the City Clerk to so notify said bidder and to express the City's appreciation for said bid. · BE IT FURTHER RESOLVED that the City ~anager do proceed to readvertise the matter for bids. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21838. A RESOLUTION authorizing a majority of the members of the Council of the City of Roanoke to act on behalf of the City of Roanoke as the sole stockho] of the Greater Roanoke Transit Company and to provide for the parliamentary procedure to be used by those Council members acting as the stockholder at any Greater Roanoke Transit Company stockholder meeting. WHEREAS, the members of the Council of the City of Roanoke are elected representatives of the City of Roanoke which is the sole stockholder of the Greater Roanoke Transit Company; and tion ~er 'I'56 WHEREAS, it is necessary to establish a procedure whereby the Council may act on behalf of the City of Roanoke as the sole stockholder at Greater Roanoke Transit Company stockholder meetings and in any other matters where the action of that stockholder may be required or in order. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a majority of the members of this body, including the Mayor, may act on behalf of the City of Roanoke as the sole stockholder of the Greater Roanoke Transit Company at any duly authorized stockholder meetings of said company or in any other matter where the action of that stockholder may be required or be in order and that, as a matter of parliamentary procedure at any stockholder meeting, the members of the Council may individually make and second motions, make nomination and otherwise bring matters to vote on stockholder business. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21839. AN ORDINANCE to amend and reordain Section #113, "Municipal Auditor," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #113, "Municipal Auditor," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL AUDITOR #113 Salaries and Wages (1) .................. $69,168.00 (1) Net increase $14,134.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 157 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21840. AN ORDINANCE to amend Ordinance No. 21632, providing a System of Pay Rates and Ranges for the employees of the City of Roanoke, by amending Schedule 2 of said System of Pay Rates by changing the Range of the position of Auditor, Code No. 1111, from Range 23 to Range 26; providing the effective date of the change herein ordered; 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 the date hereinaf set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 21632, adopted June 24, 1974, providing a System of Pay Rates and Ranges for the employees of the City, be amended by changing the Range number of the position of Auditor, Code No. 1111, from Range 23 to Range 26, as follows, viz: Code Classification Range 1111 Auditor 26 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect from and after October 1, 1974. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21841. AN ORDINANCE to amend and reordain Section ~550, "Airport Capital Improvements Fund," of the 1974-75 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 #550, "Airport Capital Improvements Fund," of the 1974-75 Airport Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: :er AIRPORT CAPITAL IMPROVEMENTS FUND ~550 911 - Flag Poles (1) .................... $1,500.00 (1) Net increase. $1,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21842. AN ORDINANCE to amend and reordain Section #550, "Airport Capital Improvements Fund," of the 1974-75 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 #550, "Airport Capital Improvements Fund," of the 1974-75 Airport Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT CAPITAL IMPROVEMENTS FUND 9550 910 - Airport Lighting (1) .............. $9,680.00 (1) Net increase $9,680.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 159 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21843. AN ORDINANCE accepting the proposal of Marsteller Corporation, for sealing and color coating the Shrine Hill Tennis Courts in the City of Roanoke; authorizing the proper City officials to execute the requisite contract; and providing for an emergency. WHEREAS, at the Council meeting held on June 10, 1974, and after due and proper advertisment had been made therefor, one (1) bid was received by the City for sealing and color coating the Shrine Hill Tennis Courts, which said bid was opened and read before the Council and thereafter referred to a committee for study and recommendation; and WHEREAS, said committee has recommended in writing to the Council the acceptance of the bid hereinafter mentioned, it being the best and only bid received by the City, and meeting all of the City's specifications and requirements for said work, and funds sufficient to pay for the same have been or are being appropriated; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That the proposal of Marsteller Corporation for sealing and color coating the Shrine Hill Tennis Courts, as described in the City's plans and specification therefor, for a lump sum of $9,897.00, 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 said 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 appropriated by the Council for the purpose. 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 30th day of September, 1974. No. 21844. AN ORDINANCE to amend and reordain Section 9476, "Stadium and Athletic Field," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 9476, "Stadium and Athletic Field," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: STADIUM AND ATHLETIC FIELD 9476 Advertising and Promotion of Events (1) ........................ $20,000.00 (1) Net increase $15,000.00' BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21845. AN ORDINANCE authorizing the City Manager to enter into agreement with Cave Spring Jaycees, Inc., relative to the promotion of the Star City Classic Virginia Collegiate All-Star Football Game, upon certain terms and conditio~ and providing for an emergency. WHEREAS, representatives of Cave Spring Jaycees, Inc., have proposed to promote and sponsor an athletic event to be held November 30, 1974, in Victory Stadium, to be known as the Star City Classic Virginia Collegiate All-Star Football Game, the major portion of the proceeds of which are proposed to be donated to Mental Health Services of Roanoke Valley to further increase and improve its service to its clients, and have requested that the Council appropriate and advance to said Cave Spring Jaycees, Inc., the sum of $20,000.00 for the purpose of advance advertising and promotional costs; the City to be reimbursed for such advance out of the proceeds from such event; and the City Manager has recommended that the Council concur in said request; and s; WHEREAS, the City Manager has recommended that the Council appropriate sums sufficient to accomplish the promotion of said event and that he be authorized to enter into contract on behalf of the City to provide for reimbursement of the funds advanced to the City by the Cave Spring Jaycees, Inc., out of the gross receipts of ticket sales to said event. 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 the City Manager be and he is hereby authorized to enter into agreement, on behalf of the City, such agreement to authorize the City to advance to said organization funds not to exceed $20,000.00 to cover advertising and promotional costs in furtherance of an athletic event to be held November 30, 1974, and known as the Star City Classic Virginia Collegiate All-Star Football Game, and which agreement would obligate said Cave Spring Jaycees, Inc., to reimburse the City for all such sums so expended out of gross receipts from the proceeds of ticket sales or other sources of revenue from said event, said agreement to be, otherwise upon such form as is approved by the City Attorney and to contain such other terms and provisions as are deemed appropriated by the City Manager. BE IT FURTHER ORDAINED that an emergency exists and this ordinance shall be in effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21846. AN ORDINANCE amending and reordaining paragraph (a) General provisions, of Sec. 15. Exemption of certain taxes on property of certain elderly 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 tax credits on realty owned by certain elderly persons; 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, the Council's Revenue Study Commission has recommended that the Council make adjustments in the monetary eligibility requirements for certain elderly persons claiming tax relief on realty, in which recommendation the Council concurs; and the Council deems it advisable and proper that the provisions of this ordinance take effect on January 1, 1975. 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.~ 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: (a) General provisions. The commissioner of revenue shall, upon application made and within limits as herein- after provided, order exemption of tax on real property owned and occupied as the sole dwell- ing house of a person or persons not less than sixty-five years of age, upon the terms and conditions hereinafter set out. To be eligible for such exemption, the total combined income during the immediately preceding calendar year from all sources of the owners and relatives of the owners living in the dwelling 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 combined financial worth of such persons, including equitable interests, as of the thirty-first day of December of the immediately preceding calendar year, excluding the value of the dwelling 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 commissioner of revenue an affidavit setting forth an identifi- cation of the taxable real estate, the names of the persons occupying such .real estate, that the total combined income of the owners and relatives living in the dwelling on such property for the preceding calendar year did not exceed ten thousand dollars, provided that the first four thousand dollars of income of each relative, other than spouse, of the owner, or owners, who is living in the dwelling shall not be included in such total, and that the total combined net worth of such owners and relatives as of the thirty-first day of December of the immediately preceding calendar year did not exceed thirty- five thousand dollars. Such affidavit shall be filed not later than the fifteenth day of January of each year. Any false statement made in connection with the filing of an application under this section shall constitute a misdemeanor, 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 quali- fications 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 commissioner of revenue in connec- tion with any application for such exemption shall be deemed to be confidential and shall not be revealed other than in the official administration of this section. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect on and after the first day of January, 1975. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21847. AN ORDINANCE authorizing the employment of architectural services to prepare and provide plans, specifications, contract documents and other professional services in and about the construction of a new Northwest Branch Library facility for the City, upon certain terms and provisions; and providing for an emergency. WHEREAS, the Council desires to proceed immediately in providing a site for and constructing a new Northwest Branch Library facility for the City, such improvement having been approved by the City's electorate at the special election held May 2, 1967; and WHEREAS, the City Manager, in report made to the Council, has recommended that the City engage the services of Thompson and Payne, Architects and Engineers, of Roanoke, Virginia, to provide the architectural and other related professional services necessary and desirable in and about the location and construction of said new branch library, in which recommendation the Council is willing to concur, upon the terms and provisions contained herein; 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. 16,4 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed to enter into contract, on behalf of the City, with Thompson and Payne, Architects and Engineers, upon standard form of agreement designated AIA Document B141, January 1974 Edition, as such form is modified and approved by the City Attorney consistent herewith, employing the services of said architects to prepare and provide the City adequate plans, drawings and specifications, necessary contract documents and general construction supervision, together with assistance and advice in site studies and selection if called for, in order to provide for the construction of a new Northwest Branch Library facility for the City, upon the site heretofore selected by the Council, said architects to be compensated upon the following basis, namely; (a) For the architects' basic services as described in the contract, a sum equal to 6 per cent (6.0%) of the construction costs of said branch library, as construction cost is defined in Article 3 of the contract; (b) For the architects' additional services as described in the said contract, compensation at the fixed rate of $15.00 per hour for the time of the two principal architects; compensation for their employees' time computed at a multiple of 2 1/2 (2.5) times the employees' direct personnel expense as defined in said contract; and compensation for additional services for profes- sional consultants authorized to be engaged for the work at a multiple of one and fifteen-hundredths (1.15) times the amount billed to the architects for such services; and (c) For the architects' reimbursable expenses, those items and the amounts set out in Article 5 of the contract, as said article has been modified; all aforesaid costs to be paid by the City out of funds authorized to be raised at the special election held in the City on May 2, 1967, and the aforesaid contract to include, inter alia, the following provisions: (1) That the architect will provide planning studies and site evaluation studies of the site as may be required by the City; will furnish to the City, upon completion of the work, a set of reproducible "as built" drawings and a bound set of all shop drawings and catalog cuts approved for the contractor; that the architects will be responsible only for negligent errors and omissions in said plans; that Paragraphs 1.3.15, 11.1, 11.2 and 11.3, as contained in the printed form of contract be deleted; and that Paragraphs 5.1.1, 5.1.3 and Article 13 in said form of contract be modified as approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: ~Ou~3~_~ City Clerk Mayor 165 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1974. No. 21848. AN ORDINANCE to amend Ordinance No. 21632, providing a System of Pay Rates and Ranges for the employees of the City of Roanoke, by adding to Schedule 2 of said System of Pay Rates and Ranges a new code position for City Clerk, and providing the range applicable to said new position; repealing the provisions of Ordinance No. 21631 inconsistent herewith; providing for the effective date of this ordinance; 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 the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 21632, adopted June 24, 1974, providing a System of Pay Rates and Ranges for the employees of the City, be amended by the addition to Schedule 2 of said System of Pay Rates and Ranges a new code position of City Clerk, as follows, viz: Code 1266 Classification Range City Clerk 25 BE IT FURTHER ORDAINED that the provisions of Ordinance No. 21631 inconsistent herewith are REPEALED to the extent of such inconsistency. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in effect upon and after October 1, 1974. APPROVED ATTEST: City Clerk Mayor 166 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1974. No. 21821. 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. 248, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have the following property, to-wit: BEGINNING at a concrete monument on the northeast corner of Hershberger Road and a road erroneously called Kirkland Drive and sometimes called Glenroy Street, thence with the northeasterly side of said street, S. 46 deg. 06' 10" E. 454.70 feet to a con- crete monument, thence with a curve to the left having a radius of 17.0 feet, 26.69 feet to an iron pin, subtended by a chord which bears N. 88 deg. 55' 32" E. a distance of 24.03 feet, thence continuing with the line of said street, N. 43 deg. 57' 15" E. 79.35 feet to an iron pin on the southwesterly line of Lot No. 8, Glen Avon Subd, said subdivision recorded in Map Book No. 1, page 116, in the Clerk's Office of Roanoke City, thence with the southwesterly line of the aforesaid subdivision, N. 46 deg. 02' 45" W. 469.02 feet to an iron pin on the southwesterly side of Hershberger, thence with the southwesterly side of Hershberger Road, S. 45 deg. 31' 50" W. 96.82 feet to the point of BEGINNING, and containing 1.043 acres, being Official Tax 92480149 rezoned from RS-3, Single-Family Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RS-3, Single-Family Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 30th day of September, 1974, 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 provid- ed, 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. 248, of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on Hershberger Road, and more particularly described as follows, BEGINNING at a concrete monument on the northeast corner of Hershberger Road and a road erroneously called Kirkland Drive and sometimes called Glenroy Street, thence with the northeasterly side of said street, S. 46 deg. 06' 10" E. 454.70 feet to a con- crete monument, thence with a curve to the left having a radius of 17.0 feet, 26.69 feet to an iron pin, subtended by a chord which bears N. 88 deg. 55' 32" E. a distance of 24.03 feet, thence continuing with the line of said street, N. 43 deg. 57' 15" E. 79.35 feet to an iron pin on the southwesterly line of Lot No. 8, Glen Avon Subd, said subdivision recorded in Map Book No. 1, page 116, in the Clerk's Office of Roanoke City, thence with the southwesterly line of the aforesaid subdivision, N. 46 deg. 02' 45" W. 469.02 feet to an iron pin on the southwesterly side of Hershberger, thence with the southwesterly side of Hershberger Road, S. 45 deg. 31' 50" W. 96.82 feet to the point of BEGINNING, and containing 1.043 acres, being Official Tax 92480149 designated on Sheet 248 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 2480149, be, and is hereby, changed from RS-3, Single-Family Residential District, to C-2, General Commercial District, and that Sheet No. 248 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 October, 1974. No. 21822. AN ORDINANCE permanently vacating and closing that portion of the 2000 block of Shenandoah Valley Avenue, N. E., 100 feet in length, adjacent to Lots 4, 5, 6 and 7, Block 13, and Lots 1, 2, 3 and 4, Block 9 of the Map of Laurel Terrace, lying south of Kanter Road. WHEREAS, Terminal Warehouse Corporation and R. D. Echols and Virginia F. Echols, husband and wife, on the 15th day of July, 1974, made application in writing to the Council of the City of Roanoke, Virginia, requesting said Council to permanently vacate, discontinue and close said portion of said Avenue, after posting notice of the intended application at the Courthouse of the Circuit Court for the City of Roanoke, Virginia, and two other public places in said City more than ten (10) days prior to July 15, 1974, as required by law; and WHEREAS, as requested in said application, said Council did on July 15, 1974, appoint five viewers to view such street (Avenue) and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same; and WHEREAS, it appears from the report of said viewers filed with the City Clerk on the 6th day of September, 1974, that no inconvenience would result from discontinuing the same; and WHEREAS, Council at its meeting July 15, 1974, referred said applica- tion to the City Planning Commission, which Commission, after due notice to the public, held a public meeting on the 21st day of August, 1974, and by a report dated August 22, 1974, duly filed with Council, recommended that the application to vacate, discontinue and close said portion of said Avenue be approved; and WHEREAS, a public hearing was held before Council at its meeting on the 30th day of September, 1974, after due and timely notice thereof was published in the World News, a newpaper published in the City of Roanoke, Virginia, at which meeting all parties in interest and citizens were afforded an opportunity to be heard; and WHEREAS, from all of the foregoing, Council considers and finds that no inconvenience to the public or to any individual will result from permanently vacating and closing the said 100 feet of Shenandoah Valley Avenue, N. E., as applied for, and that said avenue should be permanently closed as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that all of the 100 foot portion of Shenandoah Valley Avenue, N. E., lying south of Kanter Road, more particularly hereinafter described be, and it is hereby, vacated, discontinued and closed, and that all right, title and interest of the public in and to the same be, and it is hereby, released and terminated insofar as the Council of the City of Roanoke is empowered so to do, the City of Roanoke hereby expressly reserving an easement in said portion of said avenue 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 abandon- ment of use or permanent removal therefrom of any such municipal or utility installation by the owner thereof. The said 100 foot'portion of Shenandoah Valley Avenue vacated, dis- continued and closed is particularly described as follows: BEGINNING at the point of~intersection of the southerly line of Kanter Road and the westerly line of Shenandoah Valley Avenue; thence N. 82 deg. 49' E. 40 feet crossing said Avenue to the easterly line of said Avenue which is also the westerly boundary line of the property of Terminal Warehouse Corporation; thence with the said line of said Avenue and said property of Terminal Warehouse Corporation S. 7 deg. 11' E. 100 feet to a point on the same; thence S. 82 deg. 49' W. crossing said Avenue, and with the line of that portion of said Avenue vacated and closed by Ordinance of said Council adopted December 19, 1960, No. 14267, 40 feet to the westerly line of said Avenue which is also the easterly line of the property of R. D. and Virginia F. Echols, thence with said Avenue and property line N. 11 deg. 7' W. 100 feet to the place of BEGINNING, being shown on the Map of Laurel Terrace, dated May 10, 1926, recorded in the~Clerk's Office of the Circuit Court of Roanoke County, Virginia, May 22, 1926, spread in Plat Book 1, at pages 358 and 359. 169 BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby, directed to mark "permanently vacated" on all maps on file in his office on which said portion of said Avenue is shown referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court for the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk may make proper notation on any map or maps recorded in his office whereon said portion of said Avenue is shown and said Clerk is requested to record a copy in a Deed Book in his office, indexing the same the City of Roanoke as Grantor and Terminal Warehouse Corporation, Virginia F. Echols and R. D. Echols as Grantees. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1974. No. 21823. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 277, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located in the 1400 block of Peters Creek Road, N. W., described as parts of Lots 4 and 5, and parcels containing .075 acre and .035 acre according to the Peters Creek Map, Official Tax Nos. 2770108, 2770109, 2770110 and 2770111, rezoned from C-l, Office and Institutional District to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from C-l, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and 170 WHEREAS, the hearing as provided for in said notice was held on the 30th day of September, 1974, 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. 277, of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on Peters Creek Road, described as parts of Lots 4 and 5, and Parcels containing .075 acre and .035 acre, according to the Peters Creek Map, designated on Sheet No. 277 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2770108, 2770109, 2770110, and 2770111, be, and is hereby changed from C-l, Office and Institutional District to C-2, General Commercial District, and that Sheet No. 277 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 October, 1974. No. 21824. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 277, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that property located in the 1400 block of Peters Creek Road, N. W., described as Lots 1 and 2, Official tax numbers 2770106 and 2770107, Peters Creek Map, rezoned from C-l, Office and Institutional District, to C-2, General Commercia District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from C-l, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, in relation to Zoning, have been published and posted as required and for the time provided by said section; and t7t WHEREAS, the hearing as provided for in said notice was held on the 30th day of September, 1974, 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. 277, of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on the 1400 block of Peters Creek Road, N. W., described as Lots 1 and 2, designated on Sheet 277 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2770106 and 2770107, be, and is hereby, changed from C-l, Office and Institutional District, to C-2, General Commercial District, and that Sheet No. 277 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 October, 1974. No. 21834. AN ORDINANCE authorizing and directing the proper City Officials to execute and deliver a 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 Patrick Henry High School addition, now under construction, 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 an indenture to the Appalachian Power Company, conveying unto said company a right-of-way and easement, with the right, privilege and authority to said corporation, its successors and assigns, to construct, erect, operate and maintain an underground line or lines for the purpose of transmitting electric power, said right-of-way being situate in the City of Roanoke on the southerly side of Persinger Lane, S. W., known as the Patrick Henry High School site, the location of said underground electric power line being shown colored in red on print of Appalachian Power Company's Drawing No. R-893, dated March 20, 1974, and entitled, "Proposed Underground Service to Patrick Henry High School", a copy of which is on file in the Office of the City Clerk, for the nominal consideration of $1.00 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 7th day of October, 1974. No. 21849. A RESOLUTION confirming the appointment of Mrs. Judith M. St. Clair as Deputy City Clerk. WHEREAS, the City Clerk did, on October 1, 1974, in conformity with Section 24 of the Roanoke City Charter of 1952, appoint Mrs. Judith M. St. Clair as the Deputy City Clerk of the City of Roanoke, to be effective as of the 1st day of October, 1974, in which appointment this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the appointment on October 1, 1974, by the City Clerk of Mrs. Judith M. St. Clair as the Deputy City Clerk of the City of Roanoke, to be effective as of October 1, 1974, be, and said appointment is hereby approved, ratified and confirmed. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1974. No. 21850. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements Fund," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 1 73 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #889, "Transfers to Capital Improvements Fund," of the 1974-75 Appropriatio Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Mill Mountain Zoo Capital Improvements (1) ...$1,982.50 Mill Mountain Zoo Contribution Account (2) ................................. 1,982.50 (1) Net decrease ......... $1,982.50 (2) Net increase 1,982.50 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1974. No. 21851. AN ORDINANCE to amend and reordain Section #664, "Buildings Maintenance," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: BUILDINGS MAINTENANCE #664 Supplies and Materials (1) ................ $112,690.00 Operational and Construction Equipment (2) ............................ 8,170.00 (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. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1974. No. 21852. AN ORDINANCE to amend and reordain the 1974-75 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 1974-75 Grant Program Account of the City of Roanoke be amended as follows, in part: GRANTS - COMPREHENSIVE EMPLOYMENT AND TRAINING ACT C.E.T.A. (1) ............................ $1,041,000.00 (1) Net increase $1,041,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1974. No. 21853. AN ORDINANCE authorizing the City Manager to enter into contracts on behalf of the Roanoke Manpower Consortium with certain local agencies to accompl screening, counseling, training and job placement in accordance with the Comprehens~ Employment and Training Act of 1973, as amended; and providing for an emergency. WHEREAS, the City Manager has advised the Council that the Policy Board of the Roanoke Manpower Consortium has designated the City of Roanoke as the fiscal agent for said consortium and that the United States Department of Labor has funded said Consortium for the fiscal year 1974-1975 for the accomplisl of certain programs heretofore proposed to and approved by said Department of Labor, and has recommended that he be authorized to enter into appropriate contract with certain local agencies for the accomplishment of certain manpower programs, in which recommendation Council concurs; and .sh ~ent WHEREAS, for the usual daily operation of the municipal government an emergency is hereby 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 Byron E. Haner, City Manager of the City of Roanoke, and the City of Roanoke's representative on the Policy Board of the Roanoke Manpower Consortium, be and he is hereby authorized to enter into, on behalf of said Roanoke Manpower Consortiu] contracts with Total Action Against Poverty in the Roanoke Valley, Opportunities Industrialization Center and the Virginia Employment Commission to accomplish the manpower objectives of screening, counseling, training and job placement, such contracts to be upon form first approved by the City Attorney. 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 7th day of October, 1974. No. 21854. AN ORDINANCE to amend and reordain the 1974-75 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 1974-75 Grant Program Account of the City of Roanoke be amended as follows, in part: GRANTS - NO. 74-A2314, LAW ENFORCEMENT ACTION GRANT (OUTREACH DETENTION) Outreach Detention (1) (1) Net increase BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ............... $2,165.00 $2,165.00 APPROVED City Clerk Mayor 175 1'76 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1974. No. 21855. 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 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. 74-A2314 to provide for juvenile outreach detention services in the Fifth Planning District, subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and WHEREAS, the City Manager recommends to the Council that Grant No. 74-A2314 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. 74-A2314 for Federal funds in the amount of $26,002.00 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 177 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1974. No. 21856. 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 allow the Juvenile and Domestic Relations General District Court of the City of Roanoke to continue its intake services program. 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-A2488 to allow the Juvenile and Domestic Relations General District Court to continue its intake services program, subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and WHEREAS, the City Manager recommends to the Council that Grant No. 74-A2488 be accepted upon such special conditions aforesaid, in which recommendatioi 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-A2488 for Federal funds in the amount of $23,595.00 through said Division, to be used, along with certain other local funds, to allow the Juvenile and Domestic Relations General District Court to continue its intake services program; 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 October, 1974. No. 21857. AN ORDINANCE to amend and reordain Section #119, "Juvenile and Domestic Relations District Court," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #119, "Juvenile and Domestic Relations District Court," of the 1974- 75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT #119 Contractual Services (1) ............... $14,850.00 Other Equipment (2) (1) Net decrease (2) Net increase (3) Net increase (3) ................ $150.00 150.00 760.00 910.00 BE IT FURTHER ORDAINED that, an emergency existing, 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 October, 1974. No. 21858. A RESOLUTION authorizing the acceptance, execution, and filing of the necessary waiver with the Supreme Court of Virginia for an action grant of Federal funds administered by the Supreme Court of Virginia to purchase dictating equipment for the Juvenile and Domestic Relations District Court of the City of Roanoke. WHEREAS, pursuant to prior authority of this Council, there has been filed on behalf of the City with the Supreme Court of Virginia an application for an action grant award of Federal funds under the Law Enforcement Assistance Act and administered by the Supreme Court of Virginia; and WHEREAS, the Supreme Court of Virginia has awarded Federal funds under the Law Enforcement Assistance Act to the City pursuant to Grant No. 74- A2603 to purchase dictating equipment for the Juvenile and Domestic Relations District Court of the City of Roanoke, subject to the acceptance, execution and filing by the City of the waiver provided by the Supreme Court of Virginia; and WHEREAS, the City Manager recommends to the Council that Federal funds administered by the Supreme Court of Virginia under Grant No. 73-A2603 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 waiver provided by the Supreme Court of Virginia with the office of the Executive Secretary of the Supreme Court of Virginia for Federal funds under Grant No. 74-A2603 in the amount of $760.00 through said office, to be used, along with certain other local funds, to purchase dictatin¢ equipment for the Juvenile and Domestic Relations District Court of the City of Roanoke, estimated to cost approximately $950.00; 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 Supreme Court of Virginia in connection with the City's aforesaid acceptance of said grant or with said project. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1974. No. 21859. AN ORDINANCE amending and reordaining Sec. 15. Terminal Building Rates, of Chapter 5. Airport, Title VIII. Public Buildings and Property, of the Code of the City of Roanoke, 1956, as amended, by establishing a charge for the use of certain new passenger departure rooms and adjacent space at the City's Airport Terminal Building, effective October 15, 1974; directing recovery of compensation for certain prior use of said space, providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, by written report to the Council made October 7, 1974, by its Airport Advisory Committee the Council has been advised that, although certain new airline passenger departure rooms and adjoining spaces set aside for use by scheduled air carriers and their passengers using the facilities of the Terminal Building at Roanoke Municipal Airport, Woodrum Field have been completed 179 180 and were devoted to substantial use and occupancy for those purposes by certain airlines and their passengers on or about July 1, 1974, nevertheless, said Committe. has been unable to reach agreement with said airlines as to the charge which should be paid to the City for such use; and the Committee has recommended that the Council establish by ordinance the rates and charges for said use as hereinafte provided, it to be understood that the City will supply, at the City's expense, necessary utilities, custodial services and maintenance of and for said new spaces; and WHEREAS, for the usual daily operation of the Municipal Airport Departmen' a department of the City, an emergency is declared to exist and that this ordinance should take effect at the time hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 15, Chapter 5, of Title VIII, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained to provide as follows: Sec. 15. Terminal building rates. Main floor, lobby area: (a) Floor space bounded by wall - $500.00 per year - per business, plus $6.00 per square foot per year for floor space in excess of 83 sq. ft. (b) Open floor space, not bounded by wall - $500.00 per year per business, plus $12.00 per sq. ft. per year for floor space in excess of 42 sq. ft. Main floor - $3.00 per sq. ft. per year. Enclosed passenger departure rooms and adjoining air- line storage and ramp personnel rooms - $6.45 per square foot per annum of floor space areas, to be billed to and paid monthly by the airline or airlines using said space, which charges, if joint use be made by more than one airline, may be apportioned between joint users by agreement between joint users with written notice thereof to the Airport Manager. Second floor - $2.50 per sq. ft. per year. Basement - $1.00 per sq. ft. per year. BE IT FURTHER ORDAINED that, the City Manager be and he is hereby authorized and directed to take appropriate action to recover for the City from the scheduled airline or airlines who have from on or about July 1, 1974, enjoyed use and occupancy of the aforesaid new passenger departure rooms and adjacent spaces reasonable compensation for such use, the amount recovered to take into consideration the City's amortized cost of providing said new facilities and the cost of utilities, custodial services and maintenance incurred by the City in connection with said new spaces. BE IT FINALLY ORDAINED that, an emergency exists and that this ordinance shall be in full force and effect on and after October 15, 1974. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1974. No. 21860. AN ORDINANCE accepting a bid and awarding a contract for the construction of the Mill Mountain Wildflower Garden and J. B. Fishburn Memorial, upon certain terms and conditions; rejecting that certain other bid made therefor; and providing for an emergency. WHEREAS, at the meeting of the Council held on September 16, 1974, and after due and proper public advertisement had been made therefor, two (2) bids made to the City for constructing the Mill Mountain Wildflower Garden and J. B. Fishburn Memorial were opened and read before the Council, whereupon 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 October 7, 1974, 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 all the City's specifications for said work, and should be accepted; and WHEREAS, funds have been appropriated by the Council sufficient to pay the cost of the contract hereinafter authorized to be entered into and, for the usual daily operation of the municipal government, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. That the bid of Southwest Construction Company, Incorporated, of Roanoke, Virginia, for furnishing all tools, labor, machinery and materials necessary to construct a wildflower garden on Mill Mountain and the J. B. Fishburn Memorial at the intersection of the Mill Mountain Spur and the J. B. Fishburn Parkway, in full accordance with the City's specifications made for said work, for the sum of $26,704.85, based upon unit prices, be and said bid is hereby ACCEPTED; and 182 2. That the other bid made to the City for the aforesaid work be, and the said other bid is hereby REJECTED; the City Clerk to so notify said other bidder and to express the City's appreciation for said bid; and 3. That the City Manager and the City Clerk be, and they are hereby authorized and directed to enter into a written contract on behalf of the City with the aforesaid successful bidder for the construction of the garden and memorial mentioned and described above, said contract to have incorporated therein the City's requirements and specifications made therefor, the bidder's proposal made to the City, and the provisions of this ordinance; and upon satisfact performance of 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 payment to appropriations heretofore made by the City for said work. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1974. No. 21862. AN ORDINANCE to amend and reordain Section #101, "Council," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COUNCIL #101 Contractual Services (1) ............ $18,763.00 (1) Net increase ........... $2,718.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor ,ry 183 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1974. No. 21863. AN ORDINANCE to amend and reordain Section #830, "Other Health Agencies," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 %830, "Other Health Agencies," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: OTHER HEALTH AGENCIES %830 Roanoke Neighborhood Alliance (1) ..... $171,820.00 (1) Net increase ............. $19,230.00 BE IT FURTHER ORDAINED that, an emergency existing, 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 October, 1974. No. 21864. AN ORDINANCE amending and reordaining Ordinance No. 20686 heretofore adopted January 29, 1974, which approved a new schedule of rates and charges for use of the facilities at the Roanoke Civic Center, by adding to the said schedule of rates and charges provision for certain utility connection fees for persons desiring to park trailers and camper vehicles on the parking lot at the said Civic Center; providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, the Roanoke Civic Center and Stadium Advisory Commission has recommended that the schedule of rates and charges for the Roanoke Civic Center be expanded by establishing certain utility connection fees for persons desiring to park trailers and camper vehicles at the Roanoke Civic Center, in which recommendation the Council concurs; and an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon the date hereinafter set forth. 184 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 20686 heretofore adopted on January 29, 1973, be and said ordinance is hereby amended and reordained by the addition therein to the schedule of rates and charges for use of the Roanoke Civic Center facilities, at the end of the schedule set out in said Ordinance No. 20686, the following provision imposing certain trailer and camper utility connection charges, to read and provide as follows, viz: Trailer-camper utility connection charges. Ail persons desiring to utilize facilities for trailers or campers in the parking lot at the Roanoke Civic Center shall pay an initial connec- tion charge of $7.50 per unit, which charge shall entitle the subscriber to utility services for 72 hours; persons desiring such utility services in excess of 72 hours shall pay $2.50 for each additional 24-hour period, or portion thereof. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall be in force and effect from and after November 15, 1974. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1974. No. 21861. AN ORDINANCE accepting the proposal of J & S Parking Company, Incorporate to operate a public off-street parking facility on certain property owned by the City, on a month-to-month basis and upon certain other express terms and conditions. WHEREAS, at the meeting of the Council held on September 30, 1974, and after due and proper public advertisement made therefor, one (1) sealed bid or proposal for operation under a lease from the City of Roanoke of the parking facility at 323 Church Avenue, S. W., was received, opened and read before the Council, whereupon said bid was referred to a committee for the purpose of tabulating and studying said bid and making recommendation thereon to the Council; and WHEREAS, the aforesaid committee has tabulated and studied said bid and reported in writing to the Council at its meeting held on October 7, 1974, that the bid or proposal of J & S Parking Company, Incorporated, has been deter- 185 mined to constitute the best and only bid submitted to the City pursuant to its advertised invitation, that said bid meets the City's specifications for bids required of all bidders and should be accepted, in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the written proposal of J & S Parking Company, Incorporated, made to the City for operating an off-street parking lot at 323 Church Avenue, S. W., under lease from the City of Roanoke, terminable at the end of any month, said lessee to pay to the City for the rights and privileges herein granted, 41% of its monthly gross receipts, be and said proposal is hereby ACCEPTED; and 2. 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 J & S Parking Company, Incorporated, leasing to said corporation for use for the sole purpose of vehicular parking, those certain lots located on the northerly side of Church Avenue, S. W., known and described as Lots 46, 47, 48, 49, 50, 51 and part of 52, according to the W. W. Coe Map, and bearing Official Tax Nos. 1011323, 1011324, 1011325 and 1011326, 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 the lease shall be from month-to-month commencing as of November 1, 1974, terminable by either party at the end of any such month by 30-day written notice given to the other party prior to the date of such termination; (b) That there shall be paid to the City as rental for said premises the sum of 41% of lessee's gross receipts from operations conducted on said lot, payment of rental to be made monthly no later than the 10th day of each month for rent accruing for previous month; the lessee to keep such books and accounts of records of receipts from parking operations and the same to be made available for inspection or audit by the Director of Finance of the City upon request at any reasonable time; (c) 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; (d) That the lease shall not be assignable by the lessee nor shall the premises be sublet, in whole or in part, other than to individuals for the purpose of parking privately-owned passenger vehicles, without the prior written consent of the City; (e) 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 (f) 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 or the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1974. No. 21865. AN ORDINANCE to amend and reordain Section ~748, "Engineering and Building Inspection," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 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) .................. $46,300.00 (1) Net increase- $6,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance ATTEST: City Clerk Mayor APPROVED shall be in effect from its passage. '18'7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1974. No. 21866. AN ORDINANCE to amend and reordain Section #345, "Police," of the 1974-75 Appropriation Ordinance, and proViding for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE #345 Vehicular Equipment (1) ................... $34,885.00 (1) Net increase --$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 14th day of October, 1974. No. 21867. A RESOLUTION providing for the permanent display of certain gifts and objects received by the City from the City of Wonju, Republic of South Korea, its Sister City, in certain locations in the auditorium at the Roanoke Civic Center. WHEREAS, the Council's Wonju Sister City Committee and Civic Center and Stadium Advisory Commission have recommended that the Council authorize and provide for the permanent display of certain objects and gifts heretofore received by the City from the City of Wonju, its Sister City, including a mural indicating "Ten Life Symbols of Korea" and numerous other small gifts and objects of art originat- ing in said Sister City; in which recommendations the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the area at the top of the first landing in the front entrance foyer of the audi- torium at the Roanoke Civic Center and the area between the stairs at the main entrance foyer on the first floor of said auditorium are hereby designated and set aside as places for the display of gifts, objects of art and other items 188 received by the City from the City of Wonju, Republic of South Korea, Roanoke's Sister City; the mural, "Ten Life Symbols of Korea", to be placed at the top of said first landing and small gifts and objects, in display cases, and flags and other larger objects to be placed in the area between the stairs at said main entrance foyer, all of which displays may be changed and rearranged from time to time upon the joint action of the aforesaid committees or their duly authorized representatives. BE IT FURTHER RESOLVED that copies hereof be transmitted by the City Clerk to the Chairman of each aforesaid committee, and that an attested coPy hereof be transmitted, for the purpose of advisory information, to the Honorable Chung Kee-Hoon, Mayor of the City of Wonju, Republic of South Korea. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1974. No. 21868. AN ORDINANCE to amend and reordain Section #530, "C.A.M.P.S.," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #530, "C.A.M.P.S.," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: C.A.M.P.S. #530 Salaries and Wages (1) ....................... $10,758.00 Utilities and Communications (2) ............. Contractual Services (3) ..................... Travel Expense and Education (4) ............. Maintenance of Buildings, Property and Equipment (5) ............................... Supplies and Materials (6) ................... Office Furniture and Equipment (7) ........... 529.00 3,753.00 4,144.71 -0- 2,000.00 2,129.00 (1) Net decrease (2) Net decrease (3) Net increase (4) Net increase (5) Net decrease (6) Net increase- (7) Net increase $6,342.00 500.00 3,342.29 212.71 784.00 1,942.00 2,129.00 BE IT FURTHER ORDAINED that, an emergency existing, 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 October, 1974. No. 21869, AN ORDINANCE to amend and reordain Section #347, "Fire Department," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 Department," of the 1974-75 Appropriation Ordinance, be, ann the same is hereby, amended and reordained to read as follows, in part: FIRE DEPARTMENT #347 Salaries and Wages (1) ..................... $1,726,383.00 (1) Net decrease $583,881.00 BE IT FURTHER oRDAINED that, an emergency existing, this Ordinance shall be in effect from its Passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1974. No. 21870. AN ORDINANCE to amend and reordain certain sections of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 189 190 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: REVENUE SHARING TRUST (1) -0- FIRE DEPARTMENT 9347 Salaries and Wages (2) .................... $2,310,264-00 (1) Net decrease $583,881.00 (2) Net increase $583,881.00 BE IT FURTHER ORDAINED that, an emergency existing, 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 October, 1974. No. 21871. AN ORDINANCE to amend and reordain Section #48000, "Schools - Plane- tarium," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #48000, "Schools - Planetarium," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - PLANETARIUM #48000 Contributions (1) ........................ $5,265.00 (1) Net increase .... $5,265.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 191 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1974. No. 21872. A RESOLUTION approving a neighborhood development program, an annual increment thereof and the filing of an application for financial assistance for the Gainsboro Neighborhood Development Program, Program No. VA. A-6. WHEREAS, under Title I of the Housing Act of 1949, as amended, the Secretary of Housing and Urban Development is authorized to extend financial assistance to local public agencies in the elimination and prevention of the spread of slums and urban blight through undertakings and activities carried out under a Neighborhood Development Program; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority has prepared and submitted a proposed Neighborhood Development Program and annual incre ment thereof covering the urban renewal areas described in Schedule A attached thereto, and said proposed program and annual increment having been duly reviewed and considered by the Council. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Gainsboro Neighborhood Development Program, 'Program No. VA. A-6, and annual increment thereof be and are hereby approved; and the City Clerk is hereby directed to file a copy of said program and annual increment with the minutes of this meeting. 2. That the Council is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal activities with Federal financial assistance under aforesaid Title I, including those relating to the relocation of site occupants, the provision of local grants-in-aid, and the prohibition of dis- crimination because of race, color, creed, sex, religion or national origin. 3. That the financial assistance available under said Title I is needed to enable the City of Roanoke Redevelopment and Housing Authority to finance the undertakings and activities proposed in said program and annual increment. 4. That the City of Roanoke Redevelopment and Housing Authority is authorized to file an application for financial assistance to carry out the Neighborhood Development Program and the annual increment thereof. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1974. No. 21873. AN ORDINANCE to amend and reordain Section #125, "Clerk of the Circuit Co' of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 the Circuit Court," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CLERK OF THE CIRCUIT COURT #125 Advertising (1) .......................... $106.26 (1) Net increase $106.26 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1974. No. 21874. AN ORDINANCE authorizing and providing for the City's acquisition of two adjacent lots of land on the easterly line of 12th Street, S. W., for public recreational purposes; and providing for an emergency. WHEREAS, the land hereinafter described is wanted and needed by the City for the purpose of providing recreational facilities for the citizens of the southwest section of the City, and for other public purposes, and the landowner has offered and agreed to sell and convey said land to the City upon the terms hereinafter provided; and WHEREAS, for the usual daily operation of the municipal government, and to hasten the provision of needed recreational facilities in the area, an emergency is deemed to exist in order that this ordinance take effect upon its passage, funds sufficient to pay for the cost of the land acquisition have been or are being contemporaneously appropriated by the Council for the purpose. .rt," THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the written offer of James Crouch, Jr., made to the City to sell and convey to the City certain of his real estate located on the easterly line of 12th Street, S. W., shown as Lot 4, and the northerly 40 feet of Lot 5, Block 27, on the Map of J. W. Webb, said lots bearing Official Tax Numbers 1211402 and 1211403, respectively, according to the City's Appraisal Maps, for the cash sum of $2,000.00 and $1,600.00, respectively, be, and said offer is hereby ACCEPTED. BE IT FURTHER ORDAINED that, upon delivery to the City of a good and sufficient deed of conveyance, granting and conveying to the City the fee simple title to the aforesaid land, free and clear of all encumbrances and containing general warranty and modern English covenants of title, such deed to be, otherwise, upon such form as is approved by the City Attorney, the proper City officials shall be, and are hereby authorized to issue and deliver to such person or persons as are certified by the City Attorney to be entitled to payment of the purchase price, or to their duly authorized attorney, the City's check or checks in payment of the $3,600.00 purchase price hereinabove provided, less any amount due to be paid by said grantor as taxes or in satisfaction of any lien upon such sale. 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 October, 1974. No. 21875. AN ORDINANCE amending Ordinance No. 21544, providing for the City's engagement of certain professional consultant services upon certain terms and con- ditions; and providing for an emergency. WHEREAS, the services of the consultants hereinafter referred to were heretofore engaged on authority of Ordinance No. 21544 for purposes in connection with pending annexation litigation to which the City is a party, said ordinance providing the method and amount by which compensation would be paid; and 193 WHEREAS, the City Attorney has advised the Council that new matters introduced into the trial of the annexation proceedings and the extended work involvement required of such Consultants occasioned thereby and anticipated to be required make it necessary to increase the aggregate amount specified in said former ordinance, and funds sufficient to pay such additional costs have 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 Ordinance No. 21544, providing for the employment of the services of Morton Hoffman and Company, Incorporated, to provide certain additional economical and planning services and to assist in the preparation and presentment of pertinent data and testimony with reference to certain specified areas of Roanoke County involved in the City's pending annexation proceedings, all such additional ser- vices being estimated to cost not more than $7,250.00, be and is hereby amended so as to provide that the aggregate amount of charges made to the City by said consultants in providing the services set out in said ordinance and in amendments thereto not exceed the total amount of $22,500.00, unless upon prior approval of the City Council. BE IT FURTHER ORDAINED that the City Manager be, and he is hereby autho- rized and empowered to evidence the City's agreement to the aforesaid amendment by signature in writing, on behalf of the City, of such form of amendatory agree- ment with said consultants as is approved as to form 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 21st day of October, 1974. No. 21876. A RESOLUTION authorizing the negotiation of short-term loans for the purpose of paying current expenses or debts of the City. WHEREAS, this Council is advised and has determined that the City will need to negotiate and secure short-term loans of money for the purpose of paying current expenses and debts of the City; and WHEREAS, the amount of short-term loans to the City hereinafter authorize~ to be negotiated would aggregate less than twenty-five per centum of the revenue from all sources collected by the City in the preceding fiscal year. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, as authorized by Sec. 49 of the Roanoke Charter of 1952, as amended, the Director of Finance be, and he is hereby authorized to negotiate and secure for the City short-term loans of money to the City, from time to time, during the current fiscal year expiring June 30, 1975, in such amounts as are necessary to pay current expenses and debts of the City, the total amount of all such short- term loans to the City hereafter made, outstanding at any one time, not to exceed the aggregate sum of $10,000,000.00, and to use such of the proceeds of such loans as may be necessary to pay current expenses and debts of the City. Each of the several loans that may be made pursuant to the authorization herein contained shall be evidenced by negotiable promissory notes of the City bearing interest from the date of such loan at a negotiated rate of interest, not greater than eight per cent, (8%), per annum, payable on the date of maturity of each respective note, which said interest shall be payable from the General Fund or the Sewage Treatment Fund, each note to become due at such time after date as the City's Director of Finance shall determine, not to exceed, however, one year after the respective dates of such notes, the City to reserve the right to anticipate the payment of the principal of any such note or any part thereof at any date prior to the maturity thereof, with interest thereon accrued to the date of such payment, and each such note to be in the form prescribed by the City Attorney, executed by the City of Roanoke, by its Mayor, (the Mayor of the City of Roanoke being hereby fully authorized to execute said notes for and on behalf of the City of Roanoke), and the notes evidencing each of the several loans that may be made pursuant to the authorization herein contained to be payable in lawful money of the United States of America to a bank doing business in the City of Roanoke, or order, and to be signed for identification purposes, only, by the City's Director of Finance; and the aforesaid Director of Finance is further authorized and directed to pay all such notes and the interest thereon on the date that the same become due with money drawn from the General Fund or Sewage Treatment Fund of the City of Roanoke. APPROVED ATTEST: City Clerk Mayor 1'95 196 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1974. No. 21877. AN ORDINANCE to amend and re°rdain Section 9891, "Non - Departmental," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #891, "Non - Departmental," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON - DEPARTMENTAL #891 253 - Emergency Aid and Services (1) ...... $20,000.00 (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 21st day of October, 1974. No. 21878. AN ORDINANCE authorizing the employment of architectural and engineering services to provide program development services and, when specifically authorized to prepare and provide plans, specifications, contract documents and other professional services in and about the construction of new jail and courts facilities for the City, upon certain terms and provisions; and providing for an emergency. WHEREAS, the City having recently acquired properties upon which to construct new jail and courts facilities, the Council desires to proceed immediately in developing a program for constructing the same, certain monies for provision of new jail facilities having heretofore been appropriated by the Council; and WHEREAS, the City Manager, in report made to the Council, has recommended that the City engage the services of Hayes, Seay, Mattern and Mattern, Architects, Engineers and Planners, of Roanoke, Virginia, to assist in developing a program for the construction of new jail and courts facilities for the City, and, when specifically authorized by the Council, to prepare and provide architectural and other related professional services necessary and desirable in and about the location and construction of said new jail and courts facilities, in which recommendation the Council is willing to concur, upon the terms and provisions contained herein; 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 that the City Manager be, and he is hereby authorized and directed to enter into contract, on behalf of the City, with Hayes, Seay, Mattern and Mattern, Architects, Engineers and Planners, of Roanoke, Virginia, upon standard form of agreement designated AIA Document B141, January 1974 Edition, as such form is modified and approved by the City Attorney consistent herewith, employing the services of said architects to provide program development services for the construction of new jail and courts facilities for the City upon the site heretofore selected by the Council, said architects to be compensated for said program development services on the basis of 2.2 times pay-roll costs, the total cost for said program development services not to exceed the sum of $25,000.00 without further authorization of Council, upon the express condition that said architects consult and, from time to time, meet with the members of the Council sitting as a Committee of the Whole during the program development phase of the construction of said new jail and courts facilities; said contract to provide, further, for the employme of the services of said architects, when thereafter specifically authorized by the Council, to prepare and provide the City adequate plans, drawings and specifications, necessary contract documents and general construction supervision in order to provide for the construction of said new jail and courts facilities, said architects to be compensated for those services upon the following basis, namely: (a) For the architects' basic services as described in the contract, a sum equal to 6.04 per cent (6.04%) of the construction costs of said new jail and courts facility, as construction costs in defined in Article 3 of the contract; (b) For the architects' additional services as described in the said contract, compensation at the fixed rate of $50.00 per hour for the time of the four principal architects; compensation for their employees' time computed at a multiple of 2.2 times the employees' direct personnel expense as defined in said contract; and compensation for additional services for professional consultants authorized to be engaged for the work at a multiple of 1.1 times the amount billed to the architects for such services; and .t I97 1'9'8 (c) For the architects' reimbursable expenses, those items and the amounts set out in Article 5 of the contract, as said article has been modified; all aforesaid costs to be paid by the City out of funds heretofore appropriated for the purpose. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1974. No. 21879. A RESOLUTION endorsing the Northwest Jaycees' "A Clean Halloween" project, which project will involve the operation of a haunted house for young people from October 25, 1974, through October 31, 1974, in the Roanoke Salem Plaza, and calling on the citizens of Roanoke Valley to support said project. WHEREAS, any project which causes the area's youth to celebrate HalloweeJ in a healthy, law-abiding manner is a worthy endeavor and will decrease the vandalism rate which sometimes accompanies the celebration of Halloween; and WHEREAS, the Northwest Jaycees have embarked upon such a project whereby free tickets to the haunted house which they will operate will be distribu~ to underprivileged children and proceeds from the endeavor will go to local Parent Teacher Associations in the Roanoke Valley. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body does hereby endorse and give its full backing to the Northwest Jaycees' "A Clean Halloween" project, and calls on the citizens of Roanoke Valley for their full support of the project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1974. No. 21880. A RESOLUTION providing for the place of the regular meetings of the Council of the City of Roanoke. WHEREAS, the need for the temporary use of the Council Chambers and certain other areas on the fourth floor of the Municipal Building recognized in Resolution No. 21871 has, for the time being, been satisfied, so that the City Council may resume normal use of said Council Chambers and other areas designed for the use of the City Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, until otherwise provided, the regular meeting of the Council set to be held on Monday, October 28, 1974, at 7:30 o'clock, p.m., and the regular meetings of the Council set to be held thereafter in accordance with the schedule provided for said meetings, shall be held in the Council Chambers on the fourth floor of the Municipal Building at 215 Church Avenue, S. W., in the City. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of October, 1974. No. 21881. AN ORDINANCE to amend certain sections of the 1974-75 Capital Improve- ments Fund, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1974-75 Capital Improvements Fund, be, and the same are hereby, amended and reordained to read as follows, in part: TRANSFERS WITHIN CAPITAL IMPROVEMENTS FUND CIP 72-3 Jefferson Field House (1) ........................... $ .00 CIP 71-105 Addison (2) ................ 00 CIP 117 Wasena (3) .................... 00 CIP 68 Fishburn Park (4) ............. 2,049.99 (1) Net decrease (2) Net decrease (3) Net decrease (4) Net increase ..... $ 719.00 434.24 896.65 2,049.99 199 200 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of October, 1974. No. 21882. AN ORDINANCE to amend and reordain Section #2000, "Schools - Poet- in-the-Schools Program," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 - Poet-in-the-Schools Program," of the 1974-75 Appropriatio Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - POET-IN-THE-SCHOOLS PROGRAM #2000 Poet-in-the-Schools Program (1) (2) ..................... $3,000.00 (1) Net increase. $3,000.00 (2) $1,500.00 to be reimbursed by the Virginia Commission of Arts and Humanities and $1,500.00 to be transferred from within the 1974- 75 School Board operating budget BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance APPROVED City Clerk Mayor ATTEST: shall be in effect from its passage. 201 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of October, 1974. No. 21883. AN ORDINANCE authorizing the employment of certain professional services to prepare and provide mechanical and electrical plans, specifications and other professional services in and about the renovation, remodeling, additions and changes in and to the City's Coyner Springs Nursing Home, upon certain terms and provisions; and providing for an emergency. WHEREAS, the Council desires to proceed immediately in certain work involving the remodeling, additions to and changes in the City's Nursing Home at Coyner Springs, in Botetourt County, the general plans of which have been prepared in the office of the City Engineer under date of October 8, 1974; and WHEREAS, the City Manager, in report made to the Council, has recommended that the City engage the services of Smithey & Boynton, Architects and Engineers, of Roanoke, Virginia, to prepare and provide construction documents, including drawings and specifications and other related services and work, for mechanical and electrical work necessary and desirable in and about the renovation and im- provement of said facility, in which recommendation the Council is willing to concur, upon the terms and provisions contained herein; 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 that the City Manager be, and he is hereby authorized and directed to enter into contract, on behalf of the City, with Smithey & Boynton, Architects and Engineers, upon form of agreement approved by the City Attorney consistent herewith, employing the services of said architects and engineers to prepare and provide the City adequate plans, drawings and specifications, necessary contract documents and limited construction supervision in and about the mechanical and electrical work necessary for the renovation, remodeling, additions to and changes of the City's Nursing Home facility at Coyner Springs, said architects and engineers to be compensated upon the following basis, namely: (a) For the architects' and engineers' basic and additional services as described in the said contract, compensation at the fixed rate of $20.00 per hour for the time of the ten (10) principals of said firm and compensation for their employees' time computed at a multiple of 2 1/2 (2.5) times the employees' direct personnel expense as defined in said contract but all of which shall not exceed $20,000.00; and compensation for reimbursable expenses as the same shall be defined in the contract, all aforesaid costs to be paid by the City out of funds heretofore appropriated for the purpose; and the aforesaid contract to 20.2 include, inter alia, provision that said architects and engineers will furnish to the City, upon completion of the work, a set of reproducible "as built" drawings and a bound set of all shop drawings and catalog cuts approved for the contractor and that they will be responsible only for negligent errors and omissions in the plans and specifications prepared and furnished by them for the work. 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 28th day of October, 1974. No. 21884. AN ORDINANCE to amend and reordain Section #440, "Civic Center Fund - Administrative Expenses," of the 1974-75 Civic Center Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 9440, "Civic Center Fund - Administrative Expenses," of the 1974-75 Civic Center Fund Appropriation Ordinance, be, and the same is hereby, amended and reor- dained to read as follows, in part: CIVIC CENTER FUND - ADMINISTRATIVE EXPENSES 9440 Salaries & Wages (1) & (2) (1) Net decrease (2) Net increase .................... $188,422.00 $-0- $-0- Note: Delete one Laborer II, Grade 10 Add one Building Maintenanceman, Grade 15 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 28th day of October, 1974. No. 21885. A RESOLUTION amending and readopting Resolution No. 21876, authorizing the negotiation of short-term loans for the purpose of paying current expenses or debts of the City, including those incurred in the improvement and enlargement of the City's sewage treatment plant facilities. WHEREAS, this Council is advised and has determined that the City will need to negotiate and secure short-term loans of money for the purpose of paying current expenses and debts of the City, including those incurred in the improvement and enlargement of the City's sewage treatment plant the costs of which are partially funded with Federal and State monies; and WHEREAS, the amount of short-term loans to the City hereinafter authorize, to be negotiated would aggregate less than twenty-five per centum of the revenue from all sources collected by the City in the preceding fiscal year. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Resolution No. 21876, adopted by the Council on October 21, 1974, be and is hereby amended; and that, as authorized by Sec. 49 of the Roanoke Charter of 1952, as amended, the Director of Finance be, and he is hereby authorized to negotiate and secure for the City short-term loans of money to the City, from time to time, during the current fiscal year expiring June 30, 1975, in such amounts as are necessary to pay current expenses and debts of the City, including those incurred in the improvement and enlargement of the City's sewage treatment plant facilities, the total amount of all such short-term loans to the City hereafter made, outstandi] at any one time, not to exceed the aggregate sum of $10,000,000.00, and to use such of the proceeds of such loans as may be necessary to pay current expenses and debts of the City. Each of the several loans that may be made pursuant to the authorization herein contained shall be evidenced by negotiable promissory notes of the City bearing interest from the date of such loan at a negotiated rate of interest, not greater than eight per cent, (8%), per annum, payable on the date of maturity of each respective note, which said interest shall be payable from the General Fund or the Sewage Treatment Fund, for whichever purpose such loans was made, each note to become due at such time after date as the City's Director of Finance shall determine, not to exceed, however, one year after the respective dates of such notes, the City to reserve the right to anticipat the payment of the principal of any such note or any part thereof at any date prior to the maturity thereof, with interest thereon accrued to the date of such payment, and each such note to be in the form prescribed by the City Attorney, executed by the City of Roanoke, by its Mayor, (the Mayor of the City of Roanoke being hereby fully authorized to execute said notes for and on behalf of the City of Roanoke), and the notes evidencing each of the several loans that may 2,04 be made pursuant to the authorization herein contained to be payable in lawful money of the United States of America to a bank doing business in the City of Roanoke, or order, and to be signed for identification purposes, only, by the City's Director of Finance; and the aforesaid Director of Finance is further authorized and directed to pay all such notes and the interest thereon on the date that the same become due with money drawn from the General Fund or Sewage Treatment Fund of the City of Roanoke, whichever shall be the Fund for which the loan was made. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of October, 1974. No. 21886. AN ORDINANCE to amend and reordain Sec. 10. Same - Examination and re- newal fees, 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, by amending the fee schedule; and providing for an emergency. WHEREAS, for the usual daily operation of the municipal government and for the immediate preservation of the public property and safety, 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. 10. Same - Examination and renewal fees, of Chapter 2. Electrical Code, of Title XV. Construction, Alteration and Use of Land, Buildings and Other Struct~ of the Code of the City of Roanoke, 1956, as amended, be and the same is hereby amended and reordained to read and provide as follows: The fees charged each applicant for examination shall be as follows: Electrical contractors' examination ........ $30.00 Electricians' examination .................. $15.00 Renewal of certificate of qualification ......................... $ 1.00 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 'es, 20,5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of October, 1974. No. 21887. AN ORDINANCE amending and reordaining Sec. 1. Designation, and Sec. 4. Records and reports of auditor, of Chapter 3. Public Depositories, Title V. Finance, of the Code of the City of Roanoke, 1956, as amended, relating to banks designated as depositories for public monies of the City of Roanoke subject to withdrawal on checks and to records and reports of daily balances of current funds on checking deposits required to be kept and made by the city auditor; and providing for an emergency. WHEREAS, for the usual daily operation of the municipal government and of the City's Department of Finance an emergency is declared to exist so that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 1. Designation and Sec. 4. Records and reports of auditor, of Chapter 3. Public Depositories, Title V. Finance, of the Code of the City of Roanoke be and said sections are hereby amended and reordained to read and provide as follows viz: Sec. 1. Designation of public depositories. The following named banks, when such banks shall have qualified under the Virginia Security for Public Deposits Act of 1973, are hereby designated as deposi- tories for all public monies of the city which may be subject to current withdrawal on check, and all such revenues of the city shall be currently deposited in the depositories hereinafter designated at the rate of per cent shown opposite the banks indicated com- pared to the total of all current checking funds so deposited: The First National Exchange Bank of Virginia .......................... 38% to 56% The Colonial-American National Bank of Roanoke .............................. 18% to 26% Mountain Trust Bank ................... 10% to 20% Bank of Virginia-Roanoke Valley ....... 4% to 8% United Virginia Bank/Security National 2% to 6% First Virginia Bank of Roanoke Valley. 2% to 4% New Bank of Roanoke ................... 2% to 4% or as closely approximate thereto as practical. The above-named banks are hereby also designated as depositories for any part of or all city funds. This section shall not apply to time deposits. Sec. 4. Records and reports of director of finance. The director of finance shall keep a record of daily balances of all current checking funds deposited in accordance with provisions of this chapter, and shall report to the council quarterly on or as near after the first day of each January, April, July and October as may be practical, the percentage ratio of average daily ..206 balances of the total funds currently on deposit with the respective depositories for the previous quarterly period; such quarterly report to show separately the amount of and depository for any other city funds on interest bearing time deposit, showing name of such depository, period for which deposited and rate of interest received upon total amount of such time deposits in the respective depositories. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of October, 1974. No. 21888. A RESOLUTION appointing two (2) directors of the Ind~.~strial 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, expires on October 20, 1974; 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 Robert W. Woody and W. Bolling Izard, be and are reappointed directors on the board of directors of the Industrial Development Authority of the City of Roanoke, Virginia, for terms of four (4) years, each, commencing on October 20, 1974, and expiring October 20, 1978, to fill vacancies created by the expiration of the term of office of said members on said board occurring on October 20, 1974. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1974. No. 21889. AN ORDINANCE to amend and reordain certain sections of the 1974-75 Appro Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTINGENCIES #898 Contingency Reserve (1) ................ $166,160.00 TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Widening of Second Street, S. E., at Campbell Avenue (2) ......... 45,199.00 (1) Net decrease --$45,199.00 (2) Net increase --$45,199.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1974. No. 21890. AN ORDINANCE providing for the City's acquisition of certain property wanted and needed for the widening and improvement of 2nd Street, S. E., in conjunction with the realignment of said street south of Campbell Avenue, S. E.; authorizing payment of the sum of $45,199.00 as a purchase price therefor; and providing for an emergency. WHEREAS, the City Manager reporting to the Council under date of Novembe 4, 1974, has advised the Council that it is necessary to acquire from Virginia Holding Corporation the approximate 8,232 square foot parcel of land hereinafter described in order to accomplish the widening and realignment of 2nd Street, S. E., south of Campbell Avenue, S. E., and that its fair market value having been established, by recent appraisal, to be $45,199.00, its owner has stated a willingness to sell and convey said property to the City for the aforesaid cash consideration, which proposal has the recommendation of the City Manager; and 207 riation 208 WHEREAS, a sum sufficient to pay the purchase price hereinafter provided has been or is being appropriated by the Council for the purpose; and it is deemed necessary by the Council, 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 of Roanoke wants and needs to acquire for the widening and realignment of a portion of 2nd Street, S. E., the fee simple, unencumbered title to that certain strip or parcel of land situate in the City of Roanoke, lying along the present east line of 2nd Street, S. E, south of its intersection with Campbell Avenue, S. E, the northerly portion of which parcel abuts the present south line of Campbell Avenue, S. E., presently held under lease by Firestone Stores Division of Firestone Tire & Rubber Company, from Virginia Holding Corpora- tion, as said parcel of land is shown colored in red on a certain sketch accompanyi] the said City Manager's report and being a portion of Lot 4013802 as shown on the Tax Appraisal Map of the City, and said City Manager is hereby authorized and directed to offer on behalf of the City to Virginia Holding Corporation, owner of said land, a consideration of $49,199.00, cash, for conveyance to the City of the fee simple, unencumbered title to said land. BE IT FURTHER ORDAINED, that upon acceptance of such offer by execution of a contract of sale, approved as to form by the City Attorney and/or, thereafter, upon delivery to the City of a good and sufficient deed of conveyance, approved as to form by the City Attorney, the Director of Finance is hereby directed to issue and deliver to the party certified by the City Attorney to be owner of said land the City's check in the sum hereinabove set out, in payment of the aforesaid consideration. 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 g 209 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1974. No. 21891. AN ORDINANCE to amend and reordain Section #115, "Juvenile Probation House," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #115, "Juvenile Probation House," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE PROBATION HOUSE #115 Supplies and Materials (1) .............. $10,750.00 (1) Net increase ............ $2,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1974. No. 21892. AN ORDINANCE to amend and reordain the 1974-75 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 1974-75 Grant Program Account be amended and reordained to read as follows, in part: GRANT #74-A2609 - TRAINING, COMMONWEALTH' S ATTORNEY Training, Commonwealth' s Attorney (1) .................. $256.00 (1) Net increase ---$256.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 210 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1974. No. 21893. AN ORDINANCE to amend and reordain Section #122, "Commonwealth's Attorney of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH ' S ATTORNEY ~ 122 Local Cash Match for Law Enforcement Action Grant No. 74-A2609 (1) ............ $13.00 (1) Net increase $13.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1974. No. 21894. AN ORDINANCE authorizing the City's execution of a written license agreement with Norfolk and Western Railway Company providing a right to the City to construct, maintain and operate an underground 21-inch sanitary sewer carrier pipe line under and across said Company's property, in connection with the City'.s Murray Run Sanitary Sewer Project, on the west side of Roanoke River, upon certain terms and conditions; and providing for an emergency. WHEREAS, in order to provide a sewer line in connection with the City's Murray Run Sanitary Sewer Project, the City needs to construct and maintain the 21-inch sanitary sewer carrier pipe line 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, for a nominal lump sum consideration of $1.00, upon the City's acceptance and agreement to the terms of the written license agreement hereinafter mentioned; and 211 WHEREAS, for the usual daily operation of the municipal government an emergency is 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 (rev. 9-66) of said Company, granting to the City for the nominal lump sum consideration of $1.00, the right to construct maintain, repair, renew, operate, use and remove, a certain 21-inch sanitary sewer carrier pipe line under and across the land and under the tracks of said Company, as shown on Plan V-10-VA-6BB, dated September 5, 1974, which said agreemen~ shall provide, inter alia, that the City will pay the entire expense of placing said pipe line under said land and tracks, and will keep said line in good repair; and that the City will agree to indemnify and save said Company harmless against loss or damage arising out of the City's exercise of the privileges under said agreement; said agreement to be upon such form, otherwise, as is approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1974. No. 21896. A RESOLUTION relating to preliminary plans for highway project No. U000-128-112, PE-101, prepared and submitted to the City by the Virginia Department of Highways and Transportation. WHEREAS, this Council is advised by the City Manager that the Virginia Department of Highways and Transportation, acting at the request of the Council that said Department initiate and program a project for the reconstruction of 10th Street, N. W., from Gilmer Avenue, N. W., to Williamson Road, N. W., has submitted to the City certain preliminary plans for the aforesaid project, which plans have been reviewed by the City Engineer and the City Manager; and WHEREAS, in reporting the matter to the Council the City Manager has suggested that said Department be requested to consider certain additions 212 to and changes in-the preliminary plans as now developed, which proposals have, in turn, been considered by the Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body, being appreciative of the action of the Virginia Department of Highways and Transportation in the development and submission to the City of preliminary plans for highway project No. U000-128-112, PE-101, does hereby respectfully request said Department to seriously consider and to advise the City of Roanoke as to the following, viz: (1) Inclusion in plans of the aforesaid project the construction of a traffic interchange at the intersection of 10th Street, N. W. and Interstate Route 581, and inclusion of the construction of a bicycle trail from Gilmer Avenue to Williamson Road, N. W.; (2) Development of alternate preliminary plans and cost estimates for realigning 10th Street, N. W., as shown on the first preliminary plans, so as to not affect the local historical landmark known as the old Moorman home situate on the east side of 10th Street, N. W., north of Moorman Road. BE IT FURTHER RESOLVED that the Virginia Department of Highways and Transportation is requested to prepare preliminary plans and cost estimates on the foregoing items, the same to be available at the time scheduled by said Department for a public hearing on the proposed location and design of said project. BE IT FINALLY RESOLVED that attested copies hereof be transmitted to the Virginia Department of Highways and Transportation, through appropriate channels. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1974. No. 21897. AN ORDINANCE authorizing the City's execution of a written license agreement with Norfolk and Western Railway Company providing a right to the City to construct, maintain and operate an underground 36-inch storm water drain under and across said Company's property, as an extension of said drain from Whitmore Avenue, S. E.; and providing for an emergency. WHEREAS, in order to provide proper storm water drainage from Whitmore Avenue, S. E., and from other adjacent areas of the City west of the railroad right-of-way of Norfolk and Western Railway Company, the City needs to construct and maintain the 36-inch storm water drain 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, for a nominal lump sum consideration of $1.00, 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 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 (rev. 9-66) of said Company, granting to the City for the nominal lump sum consideration of $1.00, the right to construct, maintain, repair, renew, operate, use and remove, a certain 36- inch carrier pipe line (storm water drain) under and across the land and under the tracks of said Company, as shown on Plan V-10-VA.2B, dated August 21, 1974, which said agreement shall provide, inter alia, that the City will pay the entire expense of placing said pipe line under said land and tracks, and will keep said line in good repair; and that the City will agree to indemnify and save said Company harmless against loss or damage arising out of the City's exercise of the privileges under said agreement; said agreement to be upon such form, otherwise, as is approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor 213 2' 4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1974. No. 21898. A RESOLUTION authorizing agreements to be entered into with other polit- ical subdivisions relating to said others' use of the Roanoke Juvenile Detention Home, in Botetourt County. WHEREAS, the Juvenile Detention Study Committee in report made to the Council dated November 4, 1974, has recommended that the City offer to enter into agreement with other local governing bodies relating to said others' use of the City's Roanoke Juvenile Detention Home facilities at Coyner Springs, in Botetourt County, and has exhibited to the Council a form of agreement proposed to be enter- ed into with any such other interested party wherein the City would agree to accept~ detain and board juveniles brought from said other jurisdictions to the Roanoke Juvenile Detention Home, provided space permits and detention orders are in proper form, and such other jurisdictions would pay to the City certain costs as herein- after provided, such arrangements, however, to be terminable by either party on ten days written notice given to the other. WHEREAS, the Council concurs in the aforesaid proposal and desires that the same be extended to said other jurisdictions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized and directed to extend to the proper authorities of the counties of Alleghany, Bath and Craig and to the cities of Clifton Forge and Covington, the City's offer to enter into written agreement with said other jurisdictions upon that certain form of contract presented to the Coun- cil with the Committee's report to the Council made November 4, 1974, wherein it would be agreed, inter alia, that the City would accept, detain and board at the Roanoke Juvenile Detention Home at Coyner Springs, in Botetourt County, provided sPace thereat is available, juveniles brought from such other jurisdictions on proper and legal detention order and said jurisdictions would agree to pay to the City for each day each such child is detained an amount equal to that set by the State Department of Welfare and Institutions for detention and board of State wards at said Home, which amount is currently $7.17 per day per child, but said amount to be adjusted and changed on the first day of January of each and every year hereafter during the time such agreements remain in effect to the amount set by said Department for the detention of State wards at said Home for that year, all such agreements to be terminable by either party upon ten days written notice to the other. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1974. No. 21900. A RESOLUTION requesting the General Assembly of Virginia at its 1975 Session to consider legislation extending certain tax exemption entitlements to totally and permanently disabled persons, as well as to certain persons over the age of sixty-five years. WHEREAS, the City Council has been approached by certain individuals and groups towards the adoption of local ordinances which would permit of the exemption from local taxation of real estate owned and occupied by persons who are totally and permanently disabled and under the age of sixty-five years, which proposals have heretofore been referred to its Tax Study Committee for consideration and report back to the Council, which report was made in writing to the Council at its meeting held on October 28, 1974; and WHEREAS, the Council considering all of the aforesaid and being advised that existing general law permits only the exemption, or partial exemption of local real estate taxes on lands owned and occupied by persons sixty-five years of age or older whose incomes and net worth are within certain of the lower limits, is of opinion that serious consideration should be given to the enactment of similar provisions for exemption or partial exemption from payment of local taxes on real estate owned and occupied by persons who are totally and permanently disabled and whose income and whose net worth may entitle such persons to special consideration in matters of taxation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body respectfully requests the General Assembly of Virginia at its 1975 Session to give serious consideration to the enactment of general legislation which would provide for the exemption or partial exemption from taxation of real property owned and occupied by persons who are totally and permanently disabled and whose income and net worth would entitle such persons to total or partial relief from such taxation. BE IT FURTHER RESOLVED that attested copies of this resolution be transmitted by the City Clerk to Senator William B. Hopkins, Delegate Ray L. Garland and Delegate A. Victor Thomas, representatives from the City of Roanoke to the General Assembly of Virginia. APPROVED ATTEST: City Clerk Mayor 215 216 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of November, 1974. No. 21895. AN ORDINANCE accepting the amended proposal of J & S Parking Company, Incorporated, to operate a public off-street parking facility on certain property owned by the City, on a month-to-month basis and upon certain other express terms and conditions. WHEREAS, by Ordinance No. 21861, adopted October 14, 1974, the Council accepted the bid or proposal of J & S Parking Company, Incorporated, for operation under a lease from the City of Roanoke of a parking facility at 323 Church Avenue, S. W., in the City; and WHEREAS, by report dated November 4, 1974, the City Manager has advised the Council that the aforesaid bidder has submitted an amended proposal for operation of said parking facility whereby said facility would be operated as a metered lot without an attendant and offering to increase from 41% of gross receipts to 52 1/2% of gross receipts the monthly rental to be paid to the City, which said amended proposal the City Manager recommends to the Council, in which recommendation Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the amended proposal of J & S Parking Company, Incorporated, made to the City for operating an off-street parking lot at 323 Church Avenue, S. W., under lease from the City of Roanoke, terminable at the end of any month, said lessee to pay to the City for the rights and privileges herein granted, 52 1/2% of its monthly gross receipts, be and said proposal is hereby ACCEPTED; and 2. 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 J & S Parking Company, Incorporated, leasing to said corporation for use for the sole purpose of metered vehicular parking, those certain lots located on the northerly side of Church Avenue, S. W., known and described as Lots 46, 47, 48, 49, 50, 51 and part of 52, according to the W. W. Coe Map, and bearing Official Tax Nos. 1011323, 1011324, 1011325 and 1011326, 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 the lease shall be from month-to-month commencing as of November 1, 1974, terminable by either party at the end of any such month by 30-day written notice given to the other party prior to the date of such termination; (b) That there shall be paid to the City as rental for said premises the sum of 52 1/2% of lessee's gross receipts from operations conducted on said lot, payment of rental to be made monthly no later than the 10th day of each month for rent accruing for previous month; the lessee to keep such books and accounts of records of receipts from parking operations and the same to be made available for inspection or audit by the Director of Finance of the City upon request at any reasonable time; (c) 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; (d) That the lease shall not be assignable by the lesseee nor shall the premises be sublet, in whole or in part, other than to individuals for the purpose of parking privately-owned passenger vehicles, without the prior written consent of the City; (e) 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 (f) 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 or the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of November, 1974. No. 21899. AN ORDINANCE granting revocable, non-transferable permission to Robert J. Rice to pursue the home occupation of operating a television repair service upon premises located at 1602 llth Street, N. E., known as Lots 23 and 24, Block 8, Map of Fairmont, Official Tax No. 3061023, upon certain terms and conditions. WHEREAS, Robert J. Rice, owner of the property or premises hereinafter described, has requested that he be permitted to pursue a certain home occupation in the nature of operating a television repair service 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 owner's proposal and is willing to permit the pursuit of such home occu- pation 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 Robert J. Rice, owner of the premises located at 1602 llth Street, N. E., known as Lots 23 and 24, Block 8, Map of Fairmont, Official Tax No. 3061023, to temporarily pursue and carry out the home occupation defined as a television repair service upon the above-described premises, such pursuit to be governed strictly by each of the provisions of Subsection 17, Home occupation, of Sec. 79.1, Interpretation of certain terms and words, of Article XVI, Chapter 4.1, of Title XV, related to Zoning, of the Code of the City of Roanoke, 1956, as amended, and particularly in accordance with Paragraph (h) of said Subsection 17, which reads as follows, viz: (h) Provided, however, that the term home occupation may include activities in the nature of repair of television receivers and repair of fractional horsepower motors, provided that such activities: (1) Are limited to basements or garages, (2) Involve no employees, (3) Are limited to normal daylight ho'drs, (4) Involve no advertising signs on or off the premises, (5) Involve no wholesale or retail sales from or upon the premises, and provided, further, that permission for carrying on any such activities shall be granted solely at the pleasure of the Council, any such permission being in the nature of a temporary revocable permit; and nothing contained in this section shall be con- strued to establish in any such permittee a right in his premises to carry on any such activity as a non- conforming use under this chapter; the permit herein granted to be non-transferable and revocable at the will of the City Council, it to be agreed by said permittee as evidenced by his execution of an attested copy of this ordinance, that said permittee expressly consents hereto and agrees, in consideration of the permit herein temporarily granted, that neither he nor his heirs, successors or assigns shall, by the pursuit of the activity herein authorized, establish a right in his premises to carry on such activity as a non-conforming use under the City's aforesaid zoning 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. 2.19 APPROVED ATTEST: City Clerk ACCEPTED and EXECUTED by the undersigned this , 1974. Mayor day of Robert J. Rice (SEAL) STATE OF VIRGINIA CITY OF ROANOKE To-wit: I, , a Notary Public in and for the City of Roanoke, in the State of Virginia, do hereby certify that Robert J. Rice, whose names is signed to the foregoing ordinance bearing date the day of , 1974, has personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1974. My Commission expires: Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of November, 1974. No. 21901. AN ORDINANCE to amend and reordain certain sections of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: PERSONNEL AND TRAINING #714 Salaries and Wages (1) .............. $62,523.00 MANAGEMENT INFORMATION SERVICES #725 Contractual Services (2) ............ 3,302.00 (1) Net increase $6,115.00 (2) Net increase 800.00 220 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 llth day of November, 1974. No. 21902. AN ORDINANCE to amend and reordain Section 990, "Sewage Treatment Fund," of the 1974-75 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. ~EFOR~, BE IT ORDAINED by the Council of the City of Roanoke that Section 990, "Sewage Treatment Fund," of the 1974-75 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND 990 Temporary Loans (1) ..................... $5,000,000.00 Interest on Temporary Loan (2) .......... 96,000.00 (1) Net increase $5,000,000.00 (2) Net increase 96,000.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor 2.2:1. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of November, 1974. No. 21903. A RESOLUTION rejecting all bids received for improvements to Loudon Park, Kennedy Park and Washington Park, and directing that the matter be readver- tised for bids. WHEREAS, after due and proper advertisement had been made therefor, bids were publicly opened and read before the Council at its regular meeting, Monday, November 4, 1974, for improvements to Loudon Park, Kennedy Park and Washington Park, which bids were thereafter referred to, tabulated and reported by a committee appointed for the purpose, to the Council, after which the Council, upon mature consideration, concluded that all bids should be rejected. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that all bids heretofore received by the City on November 1, 1974, opened and read before the Council on November 4, 1974, be and the same are hereby REJECTED; the City Clerk to so notify said bidders and to express the City's appreciation of each said bid. BE IT FURTHER RESOLVED that the City Manager do proceed to readvertise for bids for said matter. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of November, 1974. No. 21904. 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 additional training for the Commonwealth's Attorney. 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-A2609 to provide additional training 2:22 for the Commonwealth's Attorney, 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-A2609 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. 74-A2609 for Federal funds in the amount of $243.00 through said Division, to be used, along with certain other local funds, to provide additional training for the Commonwealth's Attorney, estimated to cost approximately $256.00; 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 18th day of November, 1974. No. 21905. AN ORDINANCE granting revocable, non-transferable authority to First Church of Christ, Scientist to maintain certain directional signs in the right-of-way at the intersection of Colonial Avenue and Overland Road, S. W., and in the right-of-way at the intersection of Brambleton Avenue and Overland Road, S. W., upon certain terms and conditions. WHEREAS, First Church of Christ, Scientist, located at 1155 Overland Road, S. W., has requested through the City Manager that it be permitted to erect and maintain a certain directional sign in the right-of-way at the intersecti. of Colonial Avenue and Overland Road, S. W., and a certain directional sign in the right-of-way at the intersection of Brambleton Avenue and Overland Road, S. W., for better identification of the location of said church; and upon considera of the request and pursuant to the authority vested in local governing bodies by Chapter 10, Title 15.1 of the 1950 Code of Virginia, as amended, this Council .n .ion is agreeable to said church's proposal and is willing to permit the erection and maintenance of said signs on said street right-of-ways 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 First Church of Christ, Scientist to erect and to temporarily maintain a painted metal directional sign, bearing the words "First Church of Christ, Scientist" and displaying an appropriate directional arrow, on metal posts or standards, within the street right-of-way at the intersect. of Colonial Avenue and Overland Road, S. W., and to erect and temporarily maintain a painted metal directional sign bearing the words "First Church of Christ, Scientist" and displaying an appropriate directional arrow on metal posts or standards within the street right-of-way at the intersection of Brambleton Avenue and Overland Road, S. W., each such sign to be approved as to materials and design by the City Manager, who shall designate the locations at which each such sign shall be erected, each such sign to be properly and safely maintaine, at the expense of said church, in accordance with requirements of the City Manager and with such of the City's regulations and requirements as may be applicable thereto; the maintenance of the aforesaid signs to be subject to the limitations contained in ~15.1-376 of the 1950 Code of Virginia, as amended, and the permit herein granted to be non-transferable and revocable at the will of the City Council or the City Manager, it to be agreed by said church, as evidenced by its execution of an attested copy of this ordinance, that said church consents hereto and agrees to indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to persons or property that may in any manner arise by reason of the existence of either such sign; and that, upon notice of revocation of the within permit, mailed or otherwise delivered to said permittee, said permittee shall forthwith remove each such sign from said street right-of-ways at no cost whatsoever to the City or, in lieu of such notice, the City shall have the continuing right to remove either or both said signs at any time, in the sole discretion of the City or said City Manager. 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 church or its duly authorized contractor or representative, approved as aforesaid by the City Manager, permitting the aforesaid erection, and until an attested copy of this ordinance shall have been duly signed, sealed and attested on behalf of First Church of Christ, Scientist and shall have been filed in the Office of the City Clerk. APPROVED ATTEST: City Clerk Mayor .on 223 - 224 day of ACCEPTED and EXECUTED by the undersigned this , 1974: FIRST CHURCH OF CHRIST, SCIENTIST ATTEST: By (Title) (Title) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 1974. No. 21906. AN ORDINANCE to amend and reordain Section #49000, "Schools - ESAA Special Arts Project," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #49000, "Schools - ESAA Special Arts Project," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - ESAA SPECIAL ARTS PROJECT #49000 *ESAA Special Arts Project (1) ......... $43,100.00 (1) Net increase $43,100.00 *100% of actual expenditures to be reim- bursed by the Emergency School Aid Act, Special Arts Project funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 225 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 1974. No. 21907. AN ORDINANCE authorizing the issuance of Change Order No. 1 to the City's contract with Frye Building Company, authorized by Ordinance No. 21410, for furnishing and constructing a prefabricated steel structural system, wall system, roof system and related accessories for the City's Public Works Service Center, upon certain terms and conditions; adding eighty-two (82) additional calendar days to the working time provided in the aforesaid contract; and providing for an emer- gency. WHEREAS, the City Manager, in report to the Council dated November 18, 1974, has recommended that the Council approve the issuance of a change order to the City's construction contract with Frye Building Company, dated March 18, 1974, so as, by alteration and modification of said contract to provide for certain alterations as set out in detail in said Manager's report of November 18, 1974, advising that plans for the same have been prepared and that the City's contractor has agreed upon the value of all such alterations and modifications and the time required to complete the same; and ~I~REAS, the Council is of opinion that the changes proposed in such work are desirable for the reasons reported by the City Manager and, accordingly, concurs in said proposal, and has appropriated a sum sufficient to defray the addi- tional 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. 1 to the City's contract dated March 18, 1974, with Frye Building Company, for furnishing and constructing a prefabricated steel structural system, wall system, roof system and related accessories for the City's Public Works Service Center, said change order to provide for the following: Original Contract Price: Elimination of 11-1/2" deep wall girt replaced by wood stud walls on second floor office area; vision lights in exterior doors; extension of canopy over full length of dock; and providing needed roof openings in various wings of structure; Change Order No. 1 - Add: New Total Contract Price: $367,000.00 Extension of time for completion - 82 additional calendar days. $ 15,666.00 $382,666.00 226 BE IT FURTHER 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 18th day of November, 1974. No. 21908. A RESOLUTION authorizing the City Manager to enter into an agreement on behalf of the City of Roanoke, with the Commonwealth of Virginia, Division of Personnel whereby the City will receive a grant from the United States Civil Service Commissioner, which grant is administered by the Commonwealth of Virginia through its Division of State Planning and Community Affairs and Division of Personnel. WHEREAS, pursuant to prior authority of the Council, there has been filed on behalf of the City with the State Division of State Planning and Commun- ity Affairs for an award of Federal funds pursuant to the Intergovernmental Personnel Act; and WHEREAS, the Commonwealth of Virginia has awarded funds to the City pursuant to the Personnel Records Computerization Project to provide the City's Personnel Department with the employment of a skilled programmer and necessary computer time for the purpose of computerizing personnel records data; and WHEREAS, the City Manager has recommended to the Council that this grant for personnel records computerization be accepted upon the execution of the aforesaid agreement, 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 execute the necessary agreement with the Commonwealth of Virginia, Department of Personnel for a Personnel Records Computerization Grant for Federal funds in the amount of $6,915.00 to be used for the purpose of computerizing personnel records data; and 2. That the City Manager, or his successor in office, is further directed to furnish such additional information as may be reauired by the appro- priate office of the Commonwealth of Virginia 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 18th day of November, 1974. No. 21909. AN ORDINANCE authorizing and providing for the City's acquisition of a parcel of land on the northerly line of Richmond Avenue, S. W., for public recreational purposes; and providing for an emergency. WHEREAS, the land hereinafter described is wanted and needed by the City for the purpose of providing recreational facilities for the citizens of the southwest section of the City, and for other public purposes, and the landowner has offered and agreed to sell and convey said land to the City upon the terms hereinafter provided; and WHEREAS, for the usual daily operation of the municipal government, and to hasten the provision of needed recreational facilities in the area, an emergency is deemed to exist in order that this ordinance take effect upon its passage, funds sufficient to pay for the cost of the land acquisition have been or are being contemporaneously appropriated by the Council for the purpose. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the written offer of Mrs. Zennie C. Moore, made to the City to sell and convey to the City certain of her real estate located on the northerly line of Richmond Avenue, S. W., shown as a portion of Lot 5, Block 27, on the Map of J. W. Webb, said lot bearing Official Tax Number 1211410, according to the City's Appraisal Maps, for the cash sum of $1,600.00, be, and said offer is hereby ACCEPTED. BE IT FURTHER ORDAINED that, upon delivery to the City of a good and sufficient deed of conveyance, granting and conveying to the City the fee simple title to the aforesaid land, free and clear of all encumbrances and containing general warranty and modern English covenants of title, such deed to be, otherwise, upon such form as is approved by the City Attorney, the proper City officials shall be, and are hereby authorized to issue and deliver to such person or persons as are certified by the City Attorney to be entitled to payment of the purchase price, or to their duly authorized attorney, the City's check or checks in payment of the $1,600.00 purchase price hereinabove provided, less any amount due to be paid by said grantor as taxes or in satisfaction of any lien upon such sale. 22 7 228 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 18th day of November, 1974. No. 21910. AN ORDINANCE directing and providing for the acquisition of a certain parcel of land in fee simple needed by the City for open space purposes; fixing the consideration to be offered to be paid by the City for said parcel of land; providing for the City's acquisition of said land by condemnation; authorizing the City Attorney to institute condemnation proceedings; and providing for an emergenc~'. WHEREAS, in order to provide for certain open space needs in the City, the parcel of land hereinafter more particularly described, is wanted and needed by the City for open space purposes in the City, said property being needed to be acquired in fee simple;' and WHEREAS, the City and the landowner, James E. Long Construction Co., Inc. have heretofore agreed upon the purchase price of said parcel of land, and the City has tendered the said agreed price of $4,900.00 to the said landowner, the said landowner having refused to deliver a deed conveying the said property to the City; and funds sufficient for the payment of the purchase price have been appropriated by the Council for the purpose; and WHEREAS, it is necessary that the City immediately acquire the hereinaf- ter described property for open space purposes in 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 as follows: 1. That the said City of Roanoke wants and needs for open space pur- poses in the City, and the proper City officials be, and are hereby authorized to acquire by condemnation, for said City from the owner, James E. Long Construc- tion Co., Inc., the parcel of land hereinafter described and for the price set out opposite said parcel, the fee simple title to the following parcel of land situate in the City of Roanoke, Virginia, and being more particularly described as follows: BEGINNING at the northwest corner of Lot 13, Block 11, Section 3, as shown on the Map of Mill Mountain Estates, of record in Map Book 1, page 207, in the Clerk's Office of the Circuit Court of the City of Roanoke, (formerly the Hustings Court of the City of Roanoke), thence, N. 73 deg. 30' 40" W., 374.21 feet to the ACTUAL POINT OF BEGINNING of said tract and, thence, with the following nine courses and distances, to-wit: N. 73 deg. 30' 40" W., 235.5 feet to a point; thence, N. 29 deg. 31' 05" E., 956.80 feet to a point; thence, N. 84 deg. 59" E., 628.80 feet to a point; thence, S. 50 deg. 45' E., 678.84 feet to a point; thence, S. 9 deg. 19' 40" W., 246.0 feet to a point; thence, N. 66 deg. 16' 09" W., 360.05 feet to a point; thence, S. 89 deg. 38' 21" W., 663.83 feet to a point; and thence, S. 15 deg. 28' 36" W., 886.52 feet to the ACTUAL PLACE OF BEGINNING, and containing 7.00 acres, more or less, as the same is shown on a certain plat of survey made for James E. Long Construction Co., Inc., by T. P. Parker & Son, Engineers and Surveyors, dated February 15, 1973. Purchase price: $4,900.00 2. That, the City Attorney is hereby authorized and directed to institute in a court of competent jurisdiction in the City condemnation pro- ceedings to acquire for the City the fee simple title to such land as is herein- above set out and described and as the City is unable to acquire by purchase; and 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 18th day of November, 1974. No. 21912. AN ORDINANCE amending and reordaining Sec. 15. Terminal Buildin~ Rates, of Chapter 5. Airport, Title VIII. Public Buildings and Property, of the Code of the City of Roanoke, 1956, as amended, by establishing a schedule of charges for the use of the airport conference room and VIP lounge at the City's Airport Terminal Building; and providing for an emergency. WHEREAS, the City Manager has, by report dated October 14, 1974, recommen~ that a schedule of rates and charges be established for certain persons desiring to utilize the airport conference room and VIP lounge for other than airport related business, in which recommendation the Council concurs; and WHEREAS, for the usual daily operation of the Municipal Airport Departmen' a department of the City, an emergency is declared to exist and that this ordinance should take effect at the time hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 15, Chapter 5, of Title VIII, of the Code of the City of Roanoke, 1956, 229 ~d 230 as amended, be and said section is hereby amended and reordained to provide as follows: Sec. 15. Terminal building rates. I. Main floor, lobby area: (a) Floor space bounded by wall - $500.00 per year - per business, plus $6.00 per square foot per year for floor space in excess of 83 sq. ft. (b) Open floor space, not bounded by wall - $500.00 per year per business, plus $12.00 per sq. ft. per year for floor space in excess of 42 sq. ft. II. Main floor - $3.00 per sq. ft. per year. III. Enclosed passenger departure rooms and adjoining airline storage and ramp personnel rooms - $6.45 per sq. ft. per annum of floor space areas, to be billed to and paid monthly by the airline or airlines using said space, which charges, if joint use be made by more than one airline, may be apportioned between joint users by agree- ment between joint users with written notice thereof to the Airport Manager. IV. Second floor - $2.50 per sq. ft. per year. V. Basement - $1.00 per sq. ft. per year. VI. VIP lounge - conference room: Those persons or businesses not conducting fixed base operations at the airport and/or not using the following rooms for official airport business, shall pay the following charges for the use of the VIP lounge and/or conference room at the Roanoke Municipal Airport, Woodrum Field: (a) VIP Lounge: first four (4) hours - $8.00 Ail over four (4) hours $4.00 per hr. Maximum per 24 hour period $20.00 (b) Conference Room: first four (4) hours All over four (4) hours Maximum per 24 hour period -$10.00 $5.00 per hr. $3o.00 (c) For use of the VIP Lounge and/or Conference Room requiring catering a meal from the Airport Restaurant for 15 or more persons: First 4 hours Over 4 hours - VIP Lounge Conference Room No Charge - $3.00 per hr. - $4.00 per hr. BE IT FINALLY ORDAINED that, an emergency exists and that this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: ~ · ~' 0 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 1974. No. 21914. A RESOLUTION concurring in a certain temporary connection to be made to the sewer interceptor line in Franklin Road, under certain express terms and conditions. WHEREAS, American Valley Inns, Inc., desires to temporarily connect certain new motel property located on Franklin Road, S.W., (U.S. Route 220), outside the corporate limits of the City, to the sewer interceptor line located in Franklin Road although if the Ore Branch interceptor sewer line proposed to be constructed by Roanoke County or its agency, Roanoke County Public Service Authority, were at this time constructed said new motel property would be more properly connected to said Ore Branch interceptor, the existing sewer interceptor in Franklin Road being close to the point of overloading; and WHEREAS, this body has been assured that provision has been made by the County of Roanoke to provide for the construction of said Ore Branch intercepto] and that the same will, in fact, be constructed, and said applicant has assured that upon the construction of said new interceptor any temporary connection of said property to the Franklin Road interceptor will be relocated and connected to said Ore Branch line at no expense to the City and that the other terms and conditions of this resolution will be complied with and met by said applicant; and WHEREAS, the City's Water Resources Committee considering all of the aforesaid has recommended to the Council that the approval herein contained be given by this Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council would approve temporary connection of the new motel facilities of American Valley Inns, Inc., located on Franklin Road, S. W., (U.S. Route 220), outside the corporate limits of the City, to the existing sanitary sewer interceptor in Franklin Road adjacent to said property provided and upon condition of the following, viz: 1. That the aforesaid connection be temporary in nature and that at such time as the proposed Ore Branch sewer interceptor line is constructed and ready for use the aforesaid temporary connection will be terminated and said property will be connected to said Ore Branch interceptor at the sole expense of American Valley Inns, Inc., and at no expense to the City; 2. That a holding tank be constructed by said applicant and so equipped to assure that sewage from the aforesaid property be released into the Franklin Road interceptor only during non-peak hours of load on said Franklin Road intercept and so as not at any time to overload said interceptor; and r 231 232 3. That the temporary connection to the Franklin Road interceptor have the prior approval of the State Health Department and the State Water Control Board. BE IT FURTHER RESOLVED that the within resolution shall not be effective until American Valley Inns, Inc., shall have executed a copy of this resolution, in duplicate, signifying its agreement to comply with the terms hereof, one copy of which will be recorded in the appropriate Clerk's Office and the other to be filed with the City Clerk. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 1974. No. 21915. A RESOLUTION initiating and providing for the permanent closing, vacatin9 discontinuing and abandonment of a certain portion of Sycamore Avenue, N. W., extending in a westerly direction from a point 100 feet west of the northwest corner of its intersection with Courtland Road, N. W., to the easterly right- of-way of Interstate Route No. 581; appointing viewers to view said stree~ and providing for a public hearing on the said proposal. WHEREAS, it has come to the attention of the Council through recommendati~ of the Planning Commission that a portion of Sycamore Avenue, N. W., hereinafter described, now unused, is no longer needed or desirable for use as a public street or thoroughfare and should be permanently vacated, closed, discontinued and abandoned; and WHEREAS, it is this Council's desire to initiate on its own motion and pursuant to Sec. 15.1-364 of the 1950 Code of Virginia, as amended, proceedings to permanently vacate, close, discontinue and abandon said portion of said street 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, the following: That certain portion of Sycamore Avenue, N. W., approxi- mately 40 feet in width, extending in a westerly direction from a point 100 feet west of the northwest corner of its intersection with Courtland Road, N. W., to the easterly right-of-way of Interstate Route No. 581, as is now shown on Sheet 308 of the Tax Appraisal Maps of the City of Roanoke to be located. BE IT FURTHER RESOLVED that pursuant to the provisions of the law for such cases made and provided, Messrs. William P. Wallace, J. Tate McBroom, Dewey H. Marshall, Harry Whiteside, Jr., and Dale Poe, any three or more of whom may act, are hereby appointed viewers in accordance with the aforesaid statute, to view said 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 of vacating said street be held before the Council at its regular meeting on the 30th day of December, 1974, at 7:30 o'clock p.m., or as soon thereafter as the same may be heard, and that 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 25th day of November, 1974. No. 21911. AN ORDINANCE amending and reordaining Secs. 6, 7, 11, 12, 13, 14, 15 and 17 of Chapter 5. Airport, Title VIII, of the Code of the City of Roanoke, 1956, as amended, fixing certain rates, charges and fees for the general use of Roanoke Municipal Airport, Woodrum Field, by fixed based operators, for its use for passenger service, for hangar and miscellaneous building rental, for ground charges, for use of the Terminal Building and for use of interoffice communications facilities, and fixing January 1, 1975, as the effective date of this ordinance. WHEREAS, after consideration by administrative offices or officials of the City and by the Council's Airport Advisory Committee and after opportunity given to affected users of the City's Municipal Airport facilities to make comment upon certain revisions proposed in the schedule of general rates and charges made by the City for use of said Airport facilities, the Airport Advisory Committee has recommended to the Council in report dated November 18, 1974, the revised schedule of rates, charges and fees hereinafter set out; and WHEREAS, the Council, considering all of the aforesaid, concurs in the recommendation of said Committee, considering, further, that such changes should be made effective on and after January 1, 1975. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Secs. 6, 7, 11, 12, 13, 14, 15 and 17 of Chapter 5. Airport, Title VIII, 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. 6. Fee for use of field generally by fixed base operators. Ail fixed base operators or agents therefor of aviation businesses and airport businesses or who publicly advertise a business or service as being made available at the airport shall, in addition to other applicable fees, pay a yearly privilege charge of two hundred dollars ($200.00) for each business, agency or enter- prise, which shall not be prorated and which shall be paid on or before the first day of July of each year; provided, however, that any such operator commencing business on or after January first of any year shall pay one hundred dollars ($100.00) for the privilege of operating through June thirtieth of such year. The fore- going may be superseded by special agreements approved by the City Council. Sec. 7. Fee for use of field for passenger service by fixed base operators. Ail owners or operators of fixed base aircraft using the airport commercially involving passenger use shall pay a charge of four dollars ($4.00~ per occupant place, including pilots in such aircraft, per month. The foregoing may be superseded by special agreements approved by the City Council. 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 #12 ............................ $30.00 per month (b) Individual hangar offices in Buildings #11 and #12 .................... $15.00 per month (c) Quonset hangar Buildings #13, 14, 15 and 16 ............ $0.045 per sq. ft. per month or $125.00 per mo. complete (d) Hangar Buildings #17, 18, 19 and 20 ............ $0.075 per sq. ft. per month or $250.00 per mo. complete (e) Office in hangar Building #18 .... $50.00 per month (f) Hangar Building #2 ..... $0.06 per sq. ft. per mo. or $300.00 per mo. complete (g) Hangar Building #3 ..... $0.06 per sq. ft. per mo. or $330.00 per mo. complete (h) Cargo Building, Building #7, w/docking use .................... $0.70 per sq. ft. per mo. (i) Building #5, w/utilities...$0.06 per sq. ft. per mo. or $200.00 per mo. complete 23 5 The foregoing may be superseded by special agreements approved by City Council. Sec. 12. Ground rental for small buildings. Per square foot ......................... $0.05 Minimum ................................ $15.00 per month The foregoing may be superseded by special agreements approved by the City Council. Sec. 13. Overnight hangar storage. Single engine aircraft under 2,000 lbs. gross..$3.00 Single engine aircraft 2,000 - 3,000 lbs gross .......................................... $5.00 Twin engine aircraft under 5,000 lbs. gross .... $7.50 Sec. 14. Monthly parking charges. Owners or operators of aircraft based or parked on the Municipal Airport, and not covered by Section 5 through 11 or by Section 13 of this chapter, shall pay the following monthly parking charges: 0 to 5,000 lbs. gross registered weight (on grass) ............................ $10.00 per month 0 to 5,000 lbs. gross registered weight (on concrete) .......................... $15.00 per month 5,000 to 20,000 lbs. gross registered weight ................................. $20.00 per month 20,000 to 50,000 lbs. gross registered weight ................................. $30.00 per month 50,000 lbs., up, gross registered weight ................................. $50.00 per month Sec. 15. Terminal building rates, including standard utilities and ~anitorial services. I. Main floor, lobby area: (a) Floor space bounded by wall - $500.00 per year per business, plus $7.50 per square foot per year for floor space in excess of 64 square feet. (b) Open floor space, not bounded by wall - $500.00 per year per business, plus $12.00 per square foot per year for floor space in excess of 42 square feet. II. Main floor - $7.00 per square foot per year III. Enclosed passenger departure rooms and adjoining airline storage and ramp personnel rooms - $6.45 per square foot per annum of floor space areas, to be billed to and paid monthly by the airline or airlines using said space, which charges, if joint use be made by more than one airline, may be apportioned between joint users by agreement between joint users with written notice thereof to the Airport Manager. IV. Second Floor - $6.00 per square foot per year V. Basement - $2.00 per square foot per year VI. VIP lounge - conference room: Those persons or businesses not conducting fixed base operations at the airport and/or not using the following rooms for official airport business, shall pay the following charges for the use of the VIP lounge and/or conference room at the Roanoke Municipal Airport, Woodrum Field. 23.6 (a) (b) VIP Lounge: first four (4) hours - $8.00 Ail over four (4) hours $4.00 per hr. Maximum per 24 hour period $20.00 Conference Room: first four (4) hours Ail over four (4) hours Maximum per 24 hour period - $10.00 $5.00 per hr. $30.0o (c) For use of the VIP Lounge and/or Conference Room requiring catering a meal from the Airport Restaurant for'15 or more persons: First 4 hours Over 4 hours - VIP Lounge Conference Room No Charge - $3.00 per hr. - $4.00 per hr. The foregoing may be superseded by special agreements approved by the City Council. Sec. 17. Fee for use of interoffice communications. Each person, firm or corporation using the interoffice communication facilities now or hereafter installed in said Terminal Building, shall pay the sum of seven dollars and fifty cents ($7.50) per month for each inter-communication unit required by such person, firm or corporation to be connected to said system, such units to be installed and maintained by said city and to remain the property of said city. BE IT FURTHER ORDAINED that the provisions of this ordinance shall be in full force and effect on and after January 1, 1975. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1974. No. 21913. AN ORDINANCE authorizing and directing the proper City Officials to execute a five-year agreement between the City and American Locker Company, Incorpo permitting the Locker Company to render automatic parcel checking locker service to patrons using Roanoke Municipal Airport, Woodrum Field. WHEREAS, the City Manager has determined that it is expedient for the City to enter into a new agreement with American Locker Company, Incorporated, in order that said company may install new lockers in the Roanoke Municipal Airport Woodrum Field, with the City to realize an appropriate percentage of the revenue from those lockers to be installed and those lockers already in use in the Airport. ated, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be, and they are hereby, authorized and directed, respectively, to execute and attest, for and on behalf of the City of Roanoke, a five-year agreement, bearing date the 7th day of November, 1974, with the American Locker Company, Incorporated, permitting the said Locker Company to render requisite automatic parcel checking locker service to patrons using said airport, upon such terms as may be approved by the City Manager, including, however, provisions that the following percentages of all coins deposited in such lockers shall belong to and be kept by the City, viz.: Where Gross Monthly Receipts Are: Percentage to be Retained Monthly By Party of Second Part Under $100. $ 100. up to $ 199.99 $ 200. up to $ 399.99 $ 400. up to $ 699.99 $ 700. up to $ 999.99 $1000. up to $1199.99 $1200. up to $1399.99 $1400. up to $1599.99 $1600. up to $1799.99 $1800. up to $1999.99 $2000. up to $2199.99 $2200. up to $2399.99 $2400. and Over 40% 5O% 55% 56% 57% 58% 59% 60% 61% 62% 63% 64% 65% ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1974. No. 21916. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Fulton- White Truck Company, Incorporated to permanently vacate, discontinue and close a portion of First Street, S. E., extending in a northerly direction approximately 167.51 feet from its intersection with Albemarle Avenue and a certain alley way approximately 10 feet in width extending in a southerly direction 234.29 feet from Highland Avenue (both the street and alley way parallel Jefferson Street), which street and alley way are more specifically described below. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of Fulton-White Truck Company, Incorporated, that said petitioner did on November 11, 1974, duly and legally publish as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of its applica- 237 238 tion to the Council of the City of Roanoke, Virginia, to close the hereinafter described street and alley, the publication of which was had by posting a copy of the notice on the front door of the courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance), and at 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 Sheriff of the City of Roanoke appended to the application addressed to the Council requesting that the hereinafter described street and alley be permanently vacated, discontin- ued 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 the aforesaid street and alley; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinafter described street and alley 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, Virgin- ia, that Messrs. George W. Overby, R. R. Quick, C. F. Kefauver, Harold W. Harris, Jr., and Lester K. Stover, Jr., any three of whom may act, be, and they hereby are, appointed as viewers to view the following described street and alley and report in writing, pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing the same, namely: PARCEL I (Portion of First Street to be Vacated) BEGINNING at a point on the~northerly line of Albemarle Avenue, said point being S. 89 deg. 00' 30" E. 322.49 feet along the northerly line of Albemarle Avenue from its intersection with the easterly line of Jefferson Street; thence along the easterly line of Lot 10, Block 10, according to the Official Survey S.E. 3, N. 6 deg. 38' 07" E. 167.50 feet to a point; thence leaving said line of Lot 10, S. 89 deg. 00' 30" E. 50.24 feet to a point; thence S. 6 deg. 38' 08" W. 167.51 feet to a point on the northerly line of Albemarle Avenue; thence with the northerly line of Albemarle Avenue N. 88 deg. 59' 27" W. 50.24 feet to the PLACE OF BEGINNING, as more particularly shown on plat dated November 6, 1974, prepared by Buford T. Lumsden & Associates, C.L.S., showing the portion of First Street to be vacated, which is attached hereto and made a part hereof. PARCEL II (Ten Foot Alley Way to be Vacated) BEGINNING at a point on the southerly line of Highland Avenue, S. E., said point being S. 89 deg. 13' 56" E. 113.97 feet along the southerly line of Highland Avenue from its intersection with the easterly line of Jefferson Street; thence with the easterly lines of Lots 1, 2, 3 and 4, Block 10, according to the Official Survey S.E. 3, S. 6 deg. 31' 11" W. 234.29 feet to the center line of an alley way which was vacated by Ordinance No. 17048 (June 13, 1966); 239' ATTEST: thence with the center line of said vacated alley S. 89 deg. 00' 30" E. 10.04 feet to a point; thence along the westerly line of Lot 7, Block 10, according to the aforesaid survey, N. 6 deg. 31' 11" E. 234.33 feet to a point on the southerly line of Highland Avenue; thence with the southerly line of Highland Avenue N. 89 deg. 13' 56" W. 10.04 feet to the PLACE OF BEGINNING; also as more particularly shown on plat dated November 6, 1974, prepared by Buford T. Lumsden & Associates, C.L.S., showing the ten foot alley way to be vacated, which is attached hereto and made a part hereof. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1974. No. 21917. AN ORDINANCE to amend and reordain Section #891, "Non-Departmental," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #891, "Non-Departmental," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL # 891 Annexation (1) .................... $ 117,000.00 (1) Net increase $17,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 24O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1974. No. 21918. AN ORDINANCE accepting a certain proposal of David Dick & Associates, Engineers & Surveyors, to make boundary surveys of those areas proposed to be annexed to the City of Roanoke, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager has reported to the Council under date of November 25, 1974, that the Annexation Court, in its opinion handed down November 15, 1974, required that the City cause to be made boundary surveys of those areas proposed to be annexed to the City, and has further advised the Council that David Dick & Associates, Engineers & Surveyors, have submitted a written proposal for the performance of said survey work, and that funds sufficient to pay for the same have been or are being appropriated for the purpose 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 proposal of David Dick & Associates, Engineers & Surveyors, made under date of November 20, 1974, a copy of which is on file in the office of the City Clerk, for furnishing all necessary personnel, materials and labor for accomplishing boundary surveys of those areas proposed to be annexed to the City of Roanoke at a cost not to exceed the sum of $17,000.00, cash, be and said proposal is hereby ACCEPTED. BE IT FURTHER ORDAINED that the City Manager be, and is hereby authorized and empowered to evidence the City's agreement to the aforesaid engagement by acceptance in writing, on behalf of~ the City, the aforesaid written proposal, upon the form thereof being 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1974. No. 21919. AN ORDINANCE to amend and reordain Section #480, "Libraries," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIBRARIES #480 Supplies and Materials (1) ....... $187,041.00 (1) Net increase ......... $6,832.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1974. No. 21920. A RESOLUTION relating to employment of legal counsel to represent a member of the City's Police Department in certain pending litigation. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and is hereby authorized to employ, at a cost not to exceed the sum of $100.00, legal counsel to represent Sgt. R. W. Helm in certain pending legal proceedings involving said officer's performance of his duties as a member of the City's Police Department, the same to be charged to Department Code 345, Police Department, Object Code 210, Contractual Services. APPROVED ATTEST: City Clerk Mayor 241 242 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1974. No. 21922. AN ORDINANCE to amend and reordain subsection (3) Ordinary disability retirement allowance - Generally, of Sec. 7. Benefits, of Chapter 1. General Provisions, of Title III, Pensions and Retirement, of the Code of the City of Roanoke, 1956, as amended, so as to provide a supplemental benefit to certain City employees retiring from City service due to respiratory disease; providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, the Council has recommended adoption of a certain amendment hereinafter set forth, in order that a certain supplemental benefit in said Employees' Retirement System be provided for certain employees retiring due to respiratory disease; and 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 subsection (3) Ordinary disability retirement allowance - Generally, of Sec. 7. Benefits, of Chapter 1. General Provisions, of Title III, Pensions and Retiremen 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: (3) Ordinary disability retirement allowance - Generally. Upon the application of a member in service or of the head of his department, any member who has had five or more years of creditable service may be retired by the board on an ordinary disability retirement allowance not less than thirty nor more than ninety days next folloWing the execution and filing of such application; provided, that the medical board, after a medical examination of such member, shall certify that he is mentally or physically totally incapacitated for the further performance of duty, that such incapacity is likely to be permanent, and that such member should be retired; provided, however, that any member who, as the result of a physical examination by a qualified physician conducted during the period from July 1, 1973 through December 31, 1973, was found to be totally disabled due to respiratory disease, may receive, in addition to an ordinary disability retirement allowance, a supplemental benefit which, together with any other retirement allowance, would equal the amount which the member would have received had he been retired by the board on an accidental disability retirement allowance. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect retroactive to January 1, 1974. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1974. No. 21923. AN ORDINANCE conditionally authorizing the City's acquisition of certain land in the southeast section of the City used in connection with a public bus transportation system; concurring in the acquisition by Greater Roanoke Transit Company of certain physical assets of Roanoke City Lines, Inc, upon certain terms and conditions, the same to be used for a public bus transportation system; and providing for an emergency. WHEREAS, in report dated November 18, 1974, made to the Council by the City Manager who, in addition, is the President of Greater Roanoke Transit Company, an agency of the City, the Council is advised that negotiations conducted with Roanoke City Lines, Inc., have resulted in offer being made by said Company to sell and convey to the City for a consideration of $275,000.00, cash, the real estate hereinafter described which is used by said Company in conjunction with its operation of its public bus transportation system in the City and to sell and transfer to said Greater Roanoke Transit Company all of its physical assets, including its fleet of buses, service and other vehicles, shop tools and equipment, materials and supplies and other personal property set out in a certain Inventory and Appraisal thereof made by Wilbur Smith and Associates, for the sum of $494,336.00; Roanoke City Lines, Inc., to be responsible for pension and Medicare Part B obligations and payments under its present pension plan to all its former employees who have retired and to those employees eligible to retire at the close of business on December 31, 1974, all of which aforesaid offer is contingent upon approval of Greater Roanoke Transit Company's pending application for grant of Federal funds under the Urban Mass Transportation Act; and has recommended that the City Council concur in all of the aforesaid; and WHEREAS, funds sufficient for the City's purchase of the aforesaid real estate have been appropriated by the Council for the purpose and funds have been or will be appropriated by the Council to Greater Roanoke Transit Company sufficient to pay for said Company's acquisition of the aforesaid physical assets of Roanoke City Lines, Inc., it being expressly provided and understood that the expenditure of all such funds is and shall be contingent upon approval by the United States Department of Transportation of the grant of Federal funds to Greater Roanoke Transit Company for its purposes as aforesaid; and WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist and this ordinance should take effect upon its passage. 243 244 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be and are hereby authorized to enter into agreement on behalf of the City with Roanoke City Lines, Inc., to purchase and acquire from Roanoke City Lines, Inc., or the official owner of the land hereinafter described, for a consideration of $275,000.00, cash, upon delivery of a good and sufficient deed of conveyance thereto, the following lots or parcels of land situate in the southeast section of the City of Roanoke and shown on the Tax Appraisal Maps of the City of Roanoke to be the following: Official Nos. 4110601, 4110602, 4110603, 4110604, 4110605, 4110801, 4110802, 4110803 4110608, 4110609, 4110610, 4110611, 4110701, 4110711, 4110712, 4110713, 4111406, 4111407 and 4111408. BE IT FURTHER ORDAINED that this Body doth approve and concur in the acquisition by Greater Roanoke Transit Company, an agency of the City, from Roanoke City Lines, Inc., for a purchase price of $494,336.00, all of the physical assets of Roanoke City Lines, Inc., set out and described in the written Inventory and Appraisal of Roanoke City Lines, Inc., made by Wilbur Smith and Associates and in the eight (8) tables incorporated therein, Roanoke City Lines, to be respons~ and make provision for payment of pension and Medicare Part B payments under its present pension plan to all its former employees who have retired thereunder and to all its employees eligible to retire at the close of business on December 31, 1974. BE IT FURTHER ORDAINED that the authorizations contained herein are expressly conditioned upon approval by the United States Department of Transportati( of the application heretofore made by Greater Roanoke Transit Company for grant of Federal funds under the Urban Mass Transportation Act to assist in providing a public mass transportation system for the City of Roanoke and its environs, and that no expenditure of the funds herein referred to shall be made until receipt be had by Greater Roanoke Transit Company of such approval and notification thereof be given to this Council. BE IT FINALLY ORDAINED that an emergency exists and this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor ble IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1974. No. 21924. A RESOLUTION generally approving an award by Greater Roanoke Transit Company of a contract for management services to be provided said Company. WHEREAS, by report made to the Council dated October 28, 1974, by the President of Greater Roanoke Transit Company, and by report of the City Manager dated November 18, 1974, the Council is advised that said Company, upon review of certain bids in writing solicited by the Company for providing management services for the bus transportation facilities intended to be acquired and operated by said Company, and its Board of Directors favors the bid hereinafter mentioned and has requested that this Council concur in said Company's entering into a two-year contract with said bidder for such management services, including certain services proposed to be rendered prior to the time at which said Company will have acquired title to the transportation facilities, all of which the Council has maturely considered. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body doth concur, generally, in the award by Greater Roanoke Transit Company to ATE ~anagenent and Service Co., Inc., of a contract to provide certain services to said Company prior to said Company's acquisition of its proposed bus transportatJ facilities and, subsequent to such acquisition and contingent thereupon, to provide certain management services over a two-year period and as generally set out in the aforesaid reports and for the two (2) annual fees set out therein, it being understood that the cost of all such pre-takeover services are included in the fee to be paid for the first year's management services and that said contract, other than those provisions related to pre-takeover services to be supplied Greater Roanoke Transit Company be conducted upon (a) formal approval of Greater Roanoke Transit Company's application for grant of financial assistance under the Urban Mass Transportation Act of 1964, now pending, and (b) acquisition by Greater Roanoke Transit Company of necessary bus transportation facilities. BE IT FURTHER RESOLVED that attested copies hereof be delivered by the City Clerk to the President of the Greater Roanoke Transit Company. ATTEST: APPROVED City Clerk Mayor )n 245 246 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1974. No. 21925. AN ORDINANCE to amend and reordain Section 1 of Chapter 7, of Title XVII of the Code of the City of Roanoke, 1956, as amended, and providing for an emergency. WHEREAS, for the immediate preservation of the public health and safety, an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 1, of Chapter 7, of Title XVII 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. 1. Ail premises to be connected. The owner of each and every occupied tene- ment abutting in any manner upon any street or alley through which runs a public sewer shall be required to connect his premises with such sewer in accordance with the provisions of this chapter; and any person who shall fail to make such connection, after sixty days' notice from the building commissioner, shall be fined not less than one dollar for each day the connection is not made; provided, however, and not with- standing any other provision of this Code, whenever the connection herein above required is the result of a bona fide health hazard and the abutting owner is able to establish financial inability to pay legally imposed charges incident to such connection, then and in such event the City Manager or his duly authorized representative may provide for the necessary work and labor to accomplish such connection and authorize the payment of such charges in monthly installments for a period not to exceed five years from the date such charges initially accrue, with interest at the legal rate; such deferred payments to be evidenced by a note and secured by a deed of trust to be recorded without expense to the City in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1974. No. 21926. A RESOLUTION concerning the United States Navy's new vessel, ROANOKE (AOR-7), to be launched 7 December 1974. WHEREAS, the ROANOKE (AOR-7), a WICHITA-Class fleet replenishment oiler under construction for the United States Navy in the shipbuilding yards of National Steel and Shipbuilding Company at San Diego and named for the City of Roanoke and the Roanoke River, is scheduled for launching on 7 December 1974 and the Mayor and Members of the Council of the City of Roanoke are invited and expect to be present for the occasion; and WHEREAS, this new vessel, the fourth in line of ships of the Navy to bear the name ROANOKE, in service will be employed to provide rapid replenishment of fuel, ammunition, provisions and fleet freight to other vessels in task forces of the Navy, and this Body and the citizens of the City are justly proud that the Navy will continue to have in its organization a unit bearing the name of this City and of Roanoke River which flows through it, and wish the Navy's authoritl and the ship's complement of personnel to know that the personal interest and pride of this community will follow the new ship in her career in the United States Navy. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Mayor Roy L. Webber and Members of the Council of the City of Roanoke attending the launching of the new ROANOKE (AOR-7) at San Diego on 7 December 1974 be and they are hereby authorized to express to representatives of the Secretary of the Navy then present and to representatives of the shipbuilder the pride which the City of Roanoke and its citizens have and will continue to have in that new vessel of the United States Navy, and to assure them that the interest of this community will follow the ship through her later commissioning into and service with the Fleet of the United States. BE IT FURTHER RESOLVED that said City officials be and are authorized to deliver copies of this resolution to the representatives referred to above, present at the launching, and that a copy of the same be transmitted to the Secretary of the Navy, with suggestion that it be made a part of the official records of said new ship. ATTEST: APPROVED City Clerk Mayor :'2,,47 2:4.8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1974. No. 21927. AN ORDINANCE to amend and reordain Section #891, "Non-Departmental," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #891, "Non-Departmental," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL 9891 Annexation ............................... $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 25th day of November, 1974. No. 21928. AN ORDINANCE to amend and reordain Section #123, "Sheriff," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #123, "Sheriff," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SHERIFF #123 Maintenance of Buildings, Property and Equipment (1) ....................... $900.00 (1) Net increase ..... $650.00 BE IT FURTHER O~AINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1974. No. 21929. A RESOLUTION inviting the Virginia High School Coaches Association to continue to hold its annual clinic and all-star football and basketball games in the Roanoke Valley and offering to provide Victory Stadium as the site for the 1975 Virginia High School All-Star Football Game, free of charge. WHEREAS, it has come to the attention of the Council of the City of Roanoke that the bid of another locality has been received by the Virginia High School Coaches Association to move said association's annual clinic and all-star football and basketball games to another location within the Commonwealth; and WHEREAS, the Council of the City of Roanoke deems it beneficial to the Roanoke Valley and the City that said clinic and all-star games continue to be held in the Roanoke Valley. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that the City of Roanoke does hereby extend to the Virginia High School Coaches Association an invitation to continue to hold said association's clinic and all-star football and basketball games in the Roanoke Valley and does offer the City's Victory Stadium as the site for the 1975 High School All-Star Football Game to be held on/or about August 1, 1975, free of charge to the Virginia High School Coaches ASSociation. BE IT FURTHER RESOLVED that the City Clerk forthwith transmit attested copies of this resolution to the appropriate representatives of the Virginia High School Coaches Association. APPROVED ATTEST: City Clerk Mayor 249 250 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1974. No. 21921. AN ORDINANCE accepting the amended proposal of J & S Parking Company, Incorporated, to operate a public off-street parking facility on certain property owned by the City, on a month-to-month basis and upon certain other express terms and conditions. WHEREAS, by Ordinance No. 21861, adopted October 14, 1974, the Council accepted the bid or proposal of J & S. Parking Company, Incorporated, for operation under a lease from the City of Roanoke of a parking facility at 323 Church Avenue, S. W., in the City, said bidder having submitted his proposal for the similar operation on adjacent property to be purchased by the City at a later date; and WHEREAS, by report dated November 4, 1974, the City Manager has advised the Council that the aforesaid bidder has submitted an amended proposal for the operation of both said parking facilities whereby said facilities would be operated as metered lots without an attendant and offering to increase from 41% of gross receipts to 52 1/2% of gross receipts the monthly rental to be paid to the City, which said amended proposal the City Manager recommends to the Council, in which recommendation Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the amended proposal of J & S Parking Company, Incorporated, made to the City for operating an off-street parking lot on Church Avenue, S. W., under lease from the City of Roanoke, terminable at the end of any month, said lessee to pay to the City for the rights and privileges herein granted, 52 1/2% of its monthly gross receipts, be and said proposal is hereby ACCEPTED; and 2. 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 J & S Parking Company, Incorporated, leasing to said corporation for use for the sole purpose of metered vehicular parking, those certain lots located on the northerly side of Church Avenue, S. W., known and described as Lots 42, 43, 44 and 45, according to the W. W. Coe Map, and bearing Official Tax No. 1011328, 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 the lease shall be from month-to-month commencing as of December 1, 1974, terminable by either party at the end of any such month by 30-day written notice given to the other party prior to the date of such termination; (b) That there shall be paid to the City as rental for said premises the sum of 52 1/2% of lessee's gross receipts from operations conducted on said lot, payment of rental to be made monthly no later than the 10th day of each month for rent accruing for previous month; the lessee to keep such books and accounts of records of receipts from parking operations and the same to be made available for inspection or audit by the Director of Finance of the City upon request at any reasonable time; (c) 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; (d) That the lease shall not be assignable by the lessee nor shall the premises be sublet, in whole or in part, other than to individuals for the purpose of parking privately-owned passenger vehicles, without the prior written consent of the City; (e) 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 da~L~age 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 (f) 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 or the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1974. No. 21931. AN ORDINANCE to amend and reordain certain sections of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: 25-.,1. 25,2 SCHOOLS - PROJECT SECOND STEP #16000 Personal Services (1) ................ $ 9,627.47 Supplies (2) ......................... 7,896.61 New Equipment (3) .................... 165.00 Travel (4) ........................... 1,089.00 Fixed Charges (5) .................... 625.79 SCHOOLS - SUMMER TITLE P. L. 89-10 #34000 Personal Services (6) ................ $27,152.32 Supplies (7) ......................... 4,825.02 Travel (8) ........................... 2,565.81 Food Services (9) .................... 6,004.98 SCHOOLS - E.S.E.A. TITLE I #47000 Personal Services (10) ............... $59,952.00 (1) Net decrease (2) Net decrease (3) Net decrease (4) Net decrease (5) Net decrease (6) Net decrease (7) Net decrease (8) Net decrease (9) Net decrease (10) Net increase $ 9,627.47 7,896.61 165.00 1,089.00 625.79 27,152.32 4,825.02 2,565.81 6,004.98 59,952.00 BE IT FURTHER ORDAINED that, an emergency existing 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 December, 1974. No. 21932. AN ORDINANCE to amend and reordain Section #658, "Street Maintenance," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: STREET MAINTENANCE ~658 Other Equipment (1) ................ $202,239.00 (1) Net increase $3,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1974. No. 21933. AN ORDINANCE to amend and reordain Section #122, "Commonwealth's Attorney of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY ~122 Local Cash Match ........................ $255.00 (L.E.A.A. Grant No. 74-A2454) Local Cash Match ........................ 99.00 (L.E.A.A. Grant No. 74-A2490) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1974. No. 21934. AN ORDINANCE to appropriate to the City of Roanoke's 1974-75 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. 253' 25:4' THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke's Grant Program Account be amended to read as follows, in part: GRANT #74-A2625, Probation Officer Training 980 Probation Officer Training .............. $55,303,00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1974. No. 21935. AN ORDINANCE to amend and reordain Section #119, "Juvenile and Domestic Relations District Court," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #119, "Juvenile and Domestic Relations District Court," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT #119 Local Cash Match ........................ $2,766.00 (Probation Officer Training) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 255 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1974. No. 21936. A RESOLUTION authorizing the acceptance, execution and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds for continuation of a juvenile probation officer training 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. 74-A2625 for continuation of a juvenile probation officer training program subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and WHEREAS, the City Manager recommends to the Council that Grant No. 74-A2625 be accepted upon such 'special conditions aforesaid, in which reco~endati¢ the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the. City of Roanoke as follows: 1. That Byron E. Haner, City Manager, be and he is hereby authorized to accept, execute and file the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for Action Grant No. 74-A2625 for Federal funds in the amount of $52,537.00 through said Division, to be used, along with certain local funds, to aid in continuation of a juvenile probation officer training program in the City, estimated to cost approximately $55,303.00; 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 City Clerk Mayor 25:6' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1974. No. 21937. AN ORDINANCE to appropriate to the City of Roanoke's 1974-75 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 Grant Program Account be amended to read as follows, in part: GRANT #74-A2697, Offender Aid and Restoration 981 O. A. R ............................. $33,373.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1974. No. 21938. A RESOLUTION authorizing the acceptance, execution and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds for implementation of a rehabilitation of jail inmates and ex-inmates 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. 74-A2697 for implementation of a rehabili- tation of jail inmates and ex-inmates program subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and WHEREAS, the City Manager recommends to the Council that Grant No. 74-A2697 be accepted upon such special conditions aforesaid, in which recommenda- tion the Council concurs. 25'7 follows: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as 1. That Byron E. Haner, City Manager, be and he is hereby authorized to accept, execute and file the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for Action Grant No. 74-A2697 for Federal funds in the amount of $30,035.00 through said Division, to be used, along with certain other local funds, and in-kind contributions, to aid in implementation of a rehabilitation of jail inmates and ex-inmates program in the City, estimated to cost approximately $33,373.00; 2. That the said City Manager be and he is further authorized and directed to enter into an agreement, approved as to form by the City Attorney, with the Offender Aid and Restoration, OAR of Virginia, Inc., to perform the necessary services to implement the grant project and to provide all records required, necessary and pertinent to enable the City to make such assurances, representations and agreements to conditions as are required of recipients of grants of such Federal funds, and to further require a fidelity bond in favor of the said City in the premises; and 3. That the City ~anager or kis successor in office is further authorized and directed to furnish such additional information as may be required by the Division of Justice and Crime Prevention in connection with the City's aforesaid acceptance of said grant or with said project. ATTEST: ~~/ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1974. No. 21939. AN ORDINANCE to amend and reordain Section #537, "Public Assistance," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #537, "Public Assistance," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE #537 Aid to Dependent Children (1) ......... $5,180,142.00 Emergency Assistance to Needy Families With Children (2) ............ 58,000.00 25-8 (1) Net decrease (2) Net increase $50,000.00 $50,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1974. No. 21940. AN ORDINANCE to amend and reordain Section #891, "Non - Departmental," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #891, "Non - Departmental," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON - DEPARTMENTAL ~891 Roanoke Valley Trouble Center, Incorporated (TRUST) (1) ..................... $7,100.00 (1) Net increase $7,100.00 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 9th day of December, 1974. No. 21941. AN ORDINANCE to amend and reordain Section #440, "Civic Center Fund - Administrative Expenses," and Section #445, "Civic Center Fund - Promotional Expenses," of the 1974-75 Civic Center Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #440, "Civic Center Fund - Administrative Expenses," and Section #445, "Civic Center Fund - Promotional Expenses," of the 1974-75 Civic Center Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CIVIC CENTER FUND - ADMINISTRATIVE EXPENSES #440 Salaries and Wages (1) ................... $194,422.00 CIVIC CENTER FUND - PROMOTIONAL EXPENSES #445 Salaries and Wages (1) Net decrease (2) Net increase (2) ................... $4,000.00 $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 9th day of December, 1974. No. 21942. AN ORDINANCE to amend and reordain Section #550, "Sewage Treatment Capital Improvements Fund," of the 1974-75 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, "Sewage Treatment Capital Improvements Fund," of the 1974-75 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 5.9 SEWAGE TREATMENT CAPITAL IMPROVEMENTS FUND #550 Plant Expansion (1) .................... $15,616.43 (1) Net increase $15,616.43 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1974. No. 21943. AN ORDINANCE repealing Resolution No. 21421 authorizing issuance of Chang Order No. 1 in connection with the City's Contract "C" and "D" for construction of certain improvements at the City's Sewage Treatment Plant; approving and autho- rizing the City Manager's issuance of Change Order No. 2 providing for certain additions, omissions and substitutions of work and materials provided for in said original contract, and fixing the value thereof; and providing for an emergency. WHEREAS, the City Council heretofore by Resolution No. 21421, approved the City Manager's issuance of a change order, identified as Change Order No. 1, to the City's "C" and "D" dated June 29, 1973, made between the City and Pizzagalli Corporation for certain improvements at the City's Sewage Treatment Plant, so as to provide for construction of a slurry trench wall to confine what was then thought to be bad soil to be encountered in connection with construction of a retention basin under said contract but which, in fact, was later found not to be necessary; and WHEREAS, the City Manager, reporting on the aforesaid to the Council under date of December 9, 1974, advises the Council, that the aforesaid conditions made the execution and issuance of the abovedescribed Change Order No. 1 unnecessar and that it was not, in fact, issued and executed, but that certain other changes, omissions and substitutions of work and materials have since been advisable and recommended by the City's consulting engineers to be effected and the value of the same have been agreed to by the City's contractor, as said items are hereinafter set forth in this ordinance, 18 separate items of which are summarized and containe in Change Order No. 2 as hereinafter referred to; and WHEREAS, there has been heretofore appropriated by the Council a sum sufficient to pay the net additional cost of the aforesaid 18 items of work and 261 materials summarized on said Change Order No. 2, and the Council is advised that no change in time for completion of the contract work will result from the issuance of Change Order No. 2 pursuant to this ordinance. 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 Resolution No. 21421 adopted March 18, 1974, approving issuance of Change Order No. 1 to the City's Contract "C" and "D" dated June 29, 1973, with Pizzagalli Corporation, now The Pizzagalli Construction Company, Inc., be, and said resolution is hereby REPEALED. 2. That the City Manager be and he is hereby authorized and empowered to issue, for and on behalf of the City, as Change Order No. 2 to the City's Contract "C" and "D", dated June 29, 1973, with Pizzagalli Corporation, now The Pizzagalli Construction Company, Inc., (no Change Order No. 1 having ever been issued), said Change Order No. 2 to provide for the following changes, additions, omissions and substitutions of work and materials in connection with the Work to be done under the aforesaid contract, no change in contract time for completion of the Work to result from issuance of said Change Order: 1. Se e The three raw sewage pumping units were purchased as 24" x 24" pumps which require changing the size of the suction valve from 30" to 24" diameter, furnishing a 42" x 24" increaser in place of the 42" x 30" and 30" x 24" reducing bend in place of the 30" x 30" bend shown on the contract drawing. Total $ Cost of removing 85,000 cubic yards of sludge in- stead of the estimated 74,000 cubic yards in the specification. Total $ Omit the propane facilities and 18,000 gallons of propane specified and shown in Contract C and extend the natural gas piping to each of the engines in place of the propane. Credit $17,000.00 Substitute crushed stone in place of bank run gravel around the corrugated metal pipe under drains under the 30 MG basin. Total $ 1,063.16 Construct two additional weep holes in the grit basin foundation. Total $ 296.65 Emergency work in connection with building up the earth dike and adding rip-rap at the sludge storage site to avoid surface run-off into the river, as requested by the Virginia Department of Health. Total $ 1,241.55 Construction of roads and work associated with providing assistance to Geotechnics, Inc. for soil borings in the 30 MG basin. Total $14,909.00 Protection of formwork and steel for 30 MG basin during period soil borings were being taken. Total $ 395.84 Moving spiral welded pipe and cast iron pipe away from Contract E construction area. Total $ 262 10. Construct 700 ft. of 30" concrete pipe at the south end of the sludge storage area to avoid flooding of adjacent land and control surface run-off. Total $44,583.38 11. Modification to the grit truck necessary to meet a certified gross vehicle weight of 35,000 lbs. Total $ 663.96 12. Furnish and install 12 - 4 ~ pressure relief valves in the bottom slab of the 22 MG basin as recommended in the Soils Consultant Report. Total $ 1,595.62 13. Furnish and install a 72" x 24" tee and 48" x 42" reducer for piping modifications and to accommodate pipe connections for Contract "E". Total $ 2,418.24 14. Rock omitted from Roadway along the river. Credit $ 4,886.80 15. 7.7 acres of sludge disposal area not graded. Credit $47,376.00 16. Furnishing and installing 6 - 8" Dresser couplings. Total $ 402.46 17. Expenses incurred by the contractor in connection with the slurry trench wall project. Total $17,309.37 18. Cost of cement purchased for slurry trench wall project. Total Original contract amount $3,894,000.00 Contract amount adjusted for previous change orders. None Net amount of this change order (add). $15,616.43 Contract amount after this change order. $3,909,616.43; and, 3. That nothing herein contained nor shall said Change Order affect the provisions contained in the aforesaid contract controlling the time of commence- ment and the time of completion of the Work to be performed under said contract. BE IT FURTHER ORDAINED that an emergency exists, and this ordinance shall 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 December, 1974. No. 21944. A RESOLUTION approving in general the establishment of a deferred com- pensation plan under Chapter 461 of the 1974 Acts of Assembly for employees of the City of Roanoke; and designating the Board of Trustees of the Employees' Retirement System of said City as a board to formulate and, later, administer said plan. WHEREAS, Chapter 461 of the 1974 Acts of Assembly provides enabling legislation for establishment of a deferred compensation plan for the benefit of public employees, such plan, however, to have the approval of the Deferred Compensa- tion Commission and to be adopted and established by a local governing body before becoming effective. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Body hereby approves, in general, the establishment of a deferred compensation plan for employees of said City of Roanoke pursuant to the provisions of Chapter 461 of the 1974 Acts of Assei~%bly; and doth hereby designate and authorize the Board of Trustees of the Employees' Retirement System of said City as a board to formulate a deferred compensation plan under the provisions of the aforesaid Act, to have the approval of the Deferred Compensation Commission and, thereafter, to be adopted and established by this Council as a deferred compensation plan for employees of the City of the City of Roanoke. BE IT FURTHER RESOLVED that attested copies hereof be transmitted by the City Clerk to the Chairman of the aforesaid Board of Trustees. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1974. No. 21945. A RESOLUTION signifying willingness of the City of Roanoke to lease to the United States of America approximately 9.6 acres of land at the Roanoke Municipal Airport, Woodrum Field, for use as a Naval and Marine Corps Reserve Center, upon certain terms and conditions. 263 264 WHEREAS, the Council has been advised of the Government's desire to acquire by lease from the City certain land at the City's Municipal Airport on which to erect a new Naval and Marine Corps Reserve Center and, upon constructioz of such new facility, to terminate its current leases from the City of the two properties on Reserve Avenue, S. W., in the City of Roanoke, upon which are located the present Naval Reserve Training Center and Marine Corps Reserve Training Center; and WHEREAS, the Council's Real Estate Committee and its Airport Advisory Commission, to each of which the proposal was heretofore referred for study and recommendation to the Council, have advised the Council that the proposed site on the City's Municipal Airport property be leased by the City to the Government for a term of thirty, (30), years at a rental consideration of $1.00 for said term but with understanding that all construction and development on said site be at the sole expense of the Government and that all such plans be subject to the approval of the City and the Federal Aviation Administration; in which recommendation this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City of Roanoke hereby signifies its willingness and intent to make available to the United States of America for use as a site upon which to construct and operate a Naval and Marine Corps Reserve Center that certain parcel of land comprising a portion of the City's Roanoke Municipal Airport, Woodrum Field property, situate on the southerly side of old State Secondary Route 117, now in Roanoke County, Virginia, in the northeasterly corner of the aforesaid airport property, such lease to be made for a term of thirty, (30), years and for a nominal rental of $1.00 for the entire of said term, it to be agreed that all improvements made to the aforesaid premises shall be at the sole expense of the United States and that the plans therefor have the prior written approval of the City of Roanoke, by its City Manager, and of the Federal Aviation Administra~ and, further to agree to a termination of the City's current leases to the Governmez of its Naval Reserve and Marine Corps Training Center facilities on Reserve Avenue, S. W., in the City, at such time as the proposed new Center on said 9.6 acre parcel of land be ready for use and occupancy by the Government. BE IT FURTHER RESOLVED that the City Manager and the City Attorney be and are hereby authorized to consult and negotiate with representatives of the Department of the Navy as to the form and other terms of the aforesaid new lease, reporting the results of the negotiations back to the Council. BE IT FINALLY RESOLVED that an attested copy of this resolution be transmitted by the City Clerk to Captain Charles D. Fox, III, USNR, Deputy for Southwest Virginia, Baltimore Area, Naval Reserve Readiness Command. ATTEST: APPROVED City Clerk Mayor ion; t 265 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1974. No. 21949. A RESOLUTION signifying intent to make available for public street purposes approximately 200 square feet of land on the southwest corner of the intersection of Dale Avenue, S. E., and 14th Street, S. E., to provide right- of-way for Highway Project 0024-128-103, RW-201, upon certain terms 'and provisions. WHEREAS, the Council is advised of the Virginia Department of Highways and Transportation's request and recommendation that the 200 square foot area of land situate in the northeast corner of the City's Jamison Elementary School property on Dale Avenue S. E., at 14th Street, S. E., be made available as a part of the right-of-way for Highway Project 0024-128-103, RW-201, being advised that an appraisal of the value of said land and damages resulting from loss of an existing fence, concrete wall, asphalt paving and landscaping amounts to the sum of $540.00; and WHEREAS, the City is willing to make the aforesaid land available for purposes ~aboveStated.. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby signify the willingness of the City of Roanoke to make available, by deed or by map of dedication duly recorded, as a part of the right- of-way for Highway Project 0024-128-103, RW-201, to be used for public street purposes, that certain 200 square foot parcel of land situate at the northeast corner of the City's Jamison Elementary School property at the southwest corner of the intersection of Dale Avenue and 14th Street, S. W., as said parcel of land is shown on Sheet 13 of the plans for Route 24, State Highway Project 0024- 128-103, RW-201, the City to be reimbursed the sum of $540.00 for the value of said parcel of land and the damages resulting from its severance from the residue of said school property. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted by the City Manager through appropriate channels to the Virginia Department of Highways and Transportation. APPROVED ATTEST: City Clerk Mayor 266 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21930. AN ORDINANCE permanently vacating, discontinuing and'closing a portion of a certain street and an alley within the boundary of the Gainsboro Neighbor- hood Development Program VA A-6 in the northwest section of the City of Roanoke, Virginia, as are hereinafter more fully described. WHEREAS, the City of Roanoke Redevelopment and Housing Authority has heretofore filed a petition with the Council of the City of Roanoke, Virginia, in accordance with law, requesting said Council to permanently vacate, discontinue and close a portion of a certain street and an alley located within the boundary of the Gainsboro Neighborhood'Development Program VA A-6, of the filing of which said petition due notice was given to the public as required by law; and WHEREAS, in accordance with the prayer of said petition, viewers were appointed by Resolution of the Council on the 9th day of September, 1974 to view the property and to report in writing whether in their opinion any incon- venience would result from permanently vacating, discontinuing and closing said portion of said street and said alley; and WHEREAS, it appears from the written report of said viewers filed with the City Clerk on the 24th day of September, 1974, that no inconvenience would result either to any individual or to the public from permanently vacating, dis- continuing and closing said portion of said street and said alley; and WHEREAS, Council by Resolution adopted at its meeting on the 9th day of September, 1974 referred the petition to the City Planning Commission, which Commission by its report dated November 7, 1974, and filed with Council recommend- ed that the petition to vacate, discontinue and close the portion of a certain street and an alley hereinafter more fully described be approved; and WHEREAS, a public hearing was held on the question before the Council at its regular meeting on December 9, 1974, after due and timely notice thereof published in The World-News, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the question; 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 portion of the street and the alley within the Gainsboro Neighborhood Development Program VA A-6, as applied for by the petitioner, and that said portion of said street and said alley should be perma- nently closed as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following described portion of a street and an alley located within the boundary of the Gainsboro Neighborhood Development Program VA A-6 of the City of Roanoke Redevelopment and Housing Authority, located in the northwest section of the City of Roanoke, be and they are hereby permanently vacated, discontinued and closed; and that all right, title and interest of the public in and to the same be, and it is hereby released insofar as the Council of the City of Roanoke is empower- ed so to do, the City of Roanoke hereby expressly reserving an easement in said portion of said street and said alley for the maintenance, operation, repair and replacement of any existing water line, or other municipal installation or public utility now located in said portion of said street and said alley, such easement or easements to terminate upon the later abandonment of use or permanent removal from the street and alley of any such municipal installation or utility by the owner thereof: 1. That portion of Madison Avenue, N.W., from its inter- section with the easterly boundary of Fifth Street, N.W. extending easterly for a distance of 550 feet to a line being an extension of the easterly boundary of the lot known as No. 2021348 of the Tax Appraisal Map of the City of Roanoke. 2. That certain alley located equi-distant between and paralleling McDowell Avenue, N.W. and Madison Avenue, N.W. from the intersection of said alley with the easterly line of Fifth Street, N.W. extending easterly for a distance of approximately 849 feet to the present easterly terminus of said alley. Both of the foregoing descriptions being according to Tax Appraisal Map 202 of record in the City Engineer's Office of the City of Roanoke. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on the above described portion of said street and said alley on all maps and plats on file in his office on which said portion of said street and said alley are shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk of said Court may make proper notation on all maps and plats recorded in his office upon which are shown said portion of said street and said alley hereby vacated, 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 City of Roanoke as grantor and in the name of any party in interest who may request it as grantee. ATTEST: APPROVED City Clerk Mayor 267 268 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21946. AN ORDINANCE authorizing Roanoke Valley Bicentennial Committee, Inc., to place and maintain a movable structure to serve as a "Visitors' Information Center" during the period of the American Revolution Bicentennial celebration on the City's Roanoke Civic Center property, upon certain terms and conditions. WHEREAS, the Council is advised that the Roanoke Bicentennial Commission, now enlarged and incorporated into the Roanoke Valley Bicentennial Committee, Inc., desires to establish at several places within the Roanoke Valley area facilities at which and during the period of celebrating the two hundred years of American Independence residents and visitors to the Roanoke Valley area may go and obtain information regarding the programs planned within the area, the places of historic interest to be visited and to otherwise share in and benefit by taking part in-the American Revolution Bicentennial celebration; and WHEREAS, it has been recommended that one of such information centers be located on the Roanoke Civic Center property, in which proposal the Roanoke Civic Center and Stadium Advisory Commission has concurred and in which the Council now concurs, but upon the terms and provisions hereinafter contained. THEREFORE, BE ORDAINED by the Council of the City of Roanoke that permission be and is hereby granted Roanoke Valley Bicentennial Committee, Inc., to locate on the Roanoke Civic Center property, at such place adjacent to the electric entrance sign on the parking lot on said property a movable building or structure to be known and used as a "Visitors' Information Center" in conjunction with the activities of the Roanoke Valley Bicentennial Committee, Inc., during the period of celebration of the Bicentennial of the American Revolution pro¥ided, however, that the detailed plans and specifications for the aforesaid structure and its manner of placement upon the property be first approved by the Roanoke Civic Center and Stadium Advisory Commission and that written understand regarding the period of use of said space and of said corporatic .undertaking to the City in connection therewith, including adequate liability insurance coverage, all to be approved as to their terms by the City Manager, be entered into between said corporation and the City, upon form approved by the City Attorney. ATTEST: APPROVED City Clerk Mayor 's 269 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21947. AN ORDINANCE to amend Title XIX, Transportation, of the Code of the City of Roanoke, 1956, as amended, by adding thereto a new chapter to be numbered Chapter 4, providing for and reg.ulating the manner of ambulance service within the City of Roanoke; defining certain words and phrases employed in the ordinance; and providing for the effective date of this ordinance. WHEREAS, the Roanoke Valley Regional Health Services Planning Council, Incorporated, has advised the Council that the public health and safety would be better protected by regulating the manner of provision of ambulance service in the City, as hereinafter provided, in which recommendation the Council, after hearin~ the parties affected and maturely considerin~ the ~ro~osal, concurs. THEREFORE, BE IT ORDAINED by 'the Council of the City of Roanoke that Title XIX, Transportation, of the Code of the City of Roanoke, 1956, as amended, be, and said Title of said Code is hereby amended by the addition thereto, in the aforesaid title, of the following new chapter, to be numbered Chapter 4. Ambulance Service, to read and provide as follows: CHAPTER 4. AMBULANCE SERVICE Sec. 1. Definitions: For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed in this section except when the context clearly indicates a different meaning: Ambulance - the term "ambulance" shall mean any privately or publicly owned vehicle, other than one owned and operated by a volunteer, organized non-profit life saving, first aid, or rescue organization, that is specially designed or con- structed, or modified and equipped, and is intended to be used for and is maintained or operated for the transportation upon the streets or highways in the City of Roanoke of persons who are sick, in- jured, wounded, or otherwise incapacitated or helpless. Be Attendant - the term "attendant" shall mean an individual other than a member of a volunteer, organized nOn-profit life saving, first aid or rescue organization who is certified by the Virginia State Health Department as having met the requirements for ambulance attendants and is responsible for the care of the patient whether or not the attendant also serves as driver. Ce Attendant-driver - the term "attendant-driver" shall mean an individual other than a member of a volunteer, organized non-profit life saving, first aid, or rescue organization, who is certified as an attendant and licensed as a driver. 2 70 De Eo He Driver - the term "driver" shall mean an individual who drives an ambulance, other than one owned and operated by a volunteer, non-profit life saving, first aid or rescue organization, and who is responsible for the operation thereof. Approved - the 'term "approved" shall mean approved by the State Health Department. Patient - the term "patient" shall mean an individual who is sick, injured, wounded, or otherwise incapaci- tated or helpless. Certificate - the term "certificate" shall mean a certificate of public conveniences'and necessity issued by the Council of the City of Roanoke licensing the operation of an ambulance or ambu- lances. Council - the term "Council" shall mean the City Council of the City of Roanoke. Person - the term "person" shall mean any individual, firm, partnership association, corporation, company group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than the United States. Jo Department - the term "department" shall mean the State Department of Health. Establishment - the term "establishment" shall mean the administrative authority, owner-lessee, of the ambulance operation. Sec. 2. ' 'Certificat~e ~of ~P:ubliic Convenience~ a~d~ Nec~:Ssi.t~.. No person shall operate or cause to be operated an ambu- lance within the City of Roanoke without first having applied for and obtained a certificate of public convenience and neces- sity from the 'Council of the City of Roanoke; authOrizing such~ operation within all or any designated part of the City of Roanoke. Sec. 3. Application for Certificate. Ail persons applying to the Council of the City of Roanoke for a certificate for the operation of one or more ambulances shall file with the City Clerk of the City of Roanoke a sworn application on forms provided by the City Clerk stating as follows: The name and address of the applicant, and in the event that the aPplicant be a corporation, a certified copy of the articles of incorporation. be The number of vehicles actually owned and the number of vehicles actually operated by such applicant on the date of such application, or the number of vehicles to be owned and to be operated by such applicant in the event of the granting of this certificate. If the applicant owns and/or operates ambulance vehicles in areas or locations beyond the City of Roanoke or proposes to own and/or operate ambulance vehicles in areas or locations beyond the limits of the City of Roanoke, then the applicant shall advise in detail as to the assignment of all such vehicles owned or proposed to be owned as to geographical areas of service. The make, type, year of manufacture, serial number for each ambulance owned or operated, or, if known, proposed to be owned or operated by the applicant for a certificate'of public convenience and necessity. de The area to be served by the applicant, the types of service to be offered, and schedule of proposed rates and fees. Se A current financial statement and statement of the business experience of the applicant. 271 fe Evidence of a public liability insurance policy written by an insurance company licensed and autho- rized to do business in this state, providing for the payment of any final judgment up to the sum of $100,000.00 for injury to or death of any one person, and up to the sum of $300,000.00 for injury to or death of more than one person in any accident, and for the payment of any final judgment up to the sum of $50,000.00 for damage to property, that may be rendered against the insured applicant for injury, death or damage caused by or arising out of the operation of any vehicle owned or operated by such applicant, such insurance policy to be subject to the approval of the City Manager, and such policy of insurance to contain a clause obligating the company issuing the same to give twenty (20) days' notice in writing to the City Manager before cancellation thereof. ge And such other information as the Council of the City of Roanoke may in its discretion require. he That notice of such application has been or shall be given to all other persons holding a certificate hereunder within five days from the filing of such application with the City Clerk. Sec. 4. Hearing on application. Upon receipt of an application or a certificate, the City Council shall fix a time and place for hearing the applicant and may refer the application to the City Manager for consideration and recommendation. No certificate shall be granted unless the Council~ shall find, after appropriate investigation and hearing, that the public convenience and necessity require the proposed almbulance service. In determining whether the public convenience and necessity require the operation of an ambulance or ambulances for which application for a certificate is made, the Council shall consider: 1.) the statements made in the application; 2.) the adequacy of existing ambulance service; 3.) the financial responsiblity, experience and character of the applicant; 4.) the public need for additional service; 5.) the ability of existing holders of a certificate to provide any necessary additional service; 6.) recommendation of the City Manager; and any other factors pertinent to such determination. The City Council shall have the final authority in the granting or denial of a certificate of public convenience and necessity for ambulance services, and may use such authority to limit the number of ambulances and ambulance owners and/or operators which are deemed necessary to provide emergency medical services and transportation of patients in its jurisdiction. Sec. 5. Issuance of Certificate. Upon finding that the public convenience and necessity require the proposed ambulance service, the Council shall grant to the applicant a certificate upon the terms and conditions prescribed by this chapter, provided: ae The applicant shall have complied with all the provisions of this chapter. The applicant shall state in writing that the ambulance or ambulances proposed to be operated under said certificate shall be in full compliance with rules, regulations and procedures of the Virginia State Department of Health (Sections 32-310.1 to 32-310.8 of the 1950 Code of Virginia, as the same may be from time to time amended) and shall be approved by the Department for operation in the State of Virginia. Prior to the commencement of operation of any ambu- lance or ambulances under a granted certifi- cate, the applicant or certificate holder shall give evidence to the City of the above compliance and approval and shall maintain such compliance and approval during the term of the operation of any ambulance vehicle under a granted certificate. 272 Ce There are no unsatisfied judgments of record against the applicant. Sec. 6. Term of Certificate. Any certificate of public convenience and necessity shall be suspended or revoked by City Council after a hearing held upon thirty (30) days' written notice to any certificate holder, mailed to the last known address of such certificate holder, for the failure to comply with any provision of Title 32, Chapter 16.1 of the Code of Virginia, as amended, or for the failure to comply with any provision of this Chapter.~ If upon such hearing, the Council shall find that the certificate holder has corrected any deficiencies and has brought himself into compliance with the provisions of this chapter, the certificate shall not be suspended or revoked. No certificate granted may be sold, assigned or transferred nor in any way vest in any person other than the appli- cant to whom the certificate is granted any rights or privileges under said certificate. Sec. 7. Existing Ambulances. Upon the submission of an application for public convenience and necessity as provided in. Section 3 of this chapter, every owner operating a licensed ambulance or ambulances in the City of Roanoke who provided ambulance services within the City of Roanoke, on June 4, 1970, and who has continued to provide such services up to and inc--~ding the effec- tive date of this ordinance, and who shall submit evidence satisfactory to the City Council of such continuing services shall be entitled to a 'certifi- cate of public convenience and neCessitY pursuant - to the pr.ovisions of this chapter for tkat portiDn ~ of the City so'continuously served, provided 'that all other requirements of this chapter have been met. Sec. 8. Exemptions. No certificate of public convenience and necessity shall be required for an ambulance, or for the driver, attendant, or attendant-driver of an ambulance which: 1.) is rendering assistance to licensed ambulances in the City of Roanoke in the case of a major catastrophe or emergency with which the licensed ambulances of the City are insufficient or unable to cope; 2.) is operated from a location or headquarters outside the City and is engaged in the transportation of a patient from a point beyond the limits of the City to a location within the City or is engaged in the transportation of a patient through the City or is engaged in the transportation of a patient from a location within the City to a location outside of the City but no owner, operator or ambulance performing services as set forth in this section shall routinely or with regularity transport patients from within the City to other locations within the City unless such owner or operator shall hold a valid certificate of public convenience and necessity issued under the pro- visions of this ordinance. Sec. 9. Violations. a. It shall be a misdemeanor for any person to: 1.) Obtain or receive ambulance services without intending at the time of obtaining or receiving such services to pay, if financially able, the necessary charges. A determination that the recipient of such services has failed to pay for the services rendered for a period of ninety (90) days after request for payment, and that the recipient is financially able to do so, shall raise a presumption that the recipient of the services did not intend to pay for the services at the time they were received or obtained; or 273 2.) Knowingly and willfully summon an ambulance or report that an ambulance is needed when such person knows that the services of an ambulance are not needed. be Any violation of the provisions of this chapter shall be a misdemeanor subject to a fine not exceeding five hundred dollars or imprisonment not exceeding thirty (30) days, or both such fine and imprisonment. BE IT FURTHER ORDAINED that the provisions of this Ordinance shall be in force and effect from and after the 1st day of January, 1975. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21950. AN ORDINANCE to amend and reordain Section #47000, "Schools - Title I - ESEA P. L. 89-10," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #47000, "Schools - Title I - ESEA P. L. 89-10," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - TITLE I - ESEA P. L. 89-10 #47000 Personal Services (1) ................. $116,283.00 Fixed Charges (2) ..................... 10,000.00 (1) Net increase $116,283.00 (2) Net increase 10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 274 IN THE COUNCIL OF .THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21951. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements Fund," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Multi Purpose Room - Fishburn Park Elementary School (1) ..... $50,000.00 (1) Net increase $50,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall' be' 'in effect from' its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21952. A RESOLUTION authorizing a shortening of the working hours of certain City employees on December 24th and December 31st, 1974. WHEREAS, Christmas Day 1974, and New Year's Day 1975, falling mid- week, the City Manager has recommended to the Council that he be authorized to arrange, on the day before each said Holiday, for a shortening of the working hours of employees in the City's offices and departments which are not engaged in performing essential functions of the City, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the Council-appointive officers of the City be, and are hereby authorized to permit such of the City's personnel who are not then engaged in performing necessary and essential services for the City to end their normal workday for the City on Tuesday, December 24, 1974, and on Tuesday, December 31, 1974, at 1:00 o'clock, p.m., on each said day, rather than at 5:00 o'clock, p.m., provided, however, there be no disruption or cessation of the performance of any essential or necessary public services required to be rendered or performed by the City. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21953. A RESOLUTION authorizing the City Attorney to represent members of the City's Police Department in certain civil proceedings brought against said police officers, upon the said police officers' request for such representatiol WHEREAS, it has been reported to the Council that a civil action for compensatory and punitive damages has been brought against Officers H. L. Beer, R. D. Shields, A. H. Dudley, R. W. Helm, and James L. Viar, members of the City's Police Department, in connection with a pending civil action for compensatory and punitive damages brought against said police officers by one Joe Lynwood Grissom, plaintiff, in the United States District Court for the Western District of Virginia. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21954. AN ORDINANCE to amend and reordain Section #671, "Motorized Vehicle Maintenance," of the 1974-75 Appropriation Ordinance, and providing for an emergen- cy. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 275 276 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #671, "Motorized Vehicle Maintenance," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MOTORIZED VEHICLE MAINTENANCE #671 Maintenance of Buildings, Property and Equipment (1) .................. $255,500.00 Insurance (2) ....................... 44,960.00 (1) Net decrease (2) Net increase $4,500.00 4,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE,. VIRGINIA, The 16th day of December, 1974. No. 21955. 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 become effective January 1, 1975, 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 December 16, 1974, recommendE the advisability of 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 performan shows and exhibitions at the Roanoke Civic Center, and with said report has transmitted to the Council a form of agreement which would accomplish said purpose, 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 the date hereinafter set forth. 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 24, 1973, to the Council, with Local No. 55, International Alliance of Theatrical Stage Employees es, 277 and Moving Picture Machine Operators, but with provision for general increase in the hourly rates noted therein 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 on and after January 1, 1975. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21956. AN ORDINANCE accepting a certain bid and awarding a certain contract for demolition of certain buildings on City owned property located on Church Avenue, S. W., upon certain terms and conditions; rejecting other bids therefor; and providing for an emergency. WHEREAS, on December 2, 1974, after due and proper advertisement had been made therefor, four (4) bids for demolishing certain buildings on City owned property located on Church Avenue, S. W., were received in the office of the City's Purchasing Agent 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 recommendation to the Council, in which recommendation the City Manager concurs, 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 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 James E. Ferguson of Salem, Virginia, to demolish three (3) certain buildings on City owned property located respectively at 115, 117-119-121 and 123-125 Church Avenue, S. W., in full accordance with the City's plans and specifications made therefor and .with said bidder's proposal, for a total price of $6,040.00, cash, for all said work, be and said bid is hereby ACCEPTED; and 278 2. That the other bids made to the City for the aforesaid demolition of said buildings 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 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 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 16th day of December, 1974. No. 21957. AN ORDINANCE to amend and reordain Section #664, "Buildings Maintenance," of the 1974-75 Appropriation Ordinance, and, providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: BUILDINGS MAINTENANCE #664 Upgrade one Trades Helper position, Grade 10, to Custodial Foreman, Grade 15; Downgrade one Trades Helper II position, Grade 10, to Custodian II, Grade 8 (1) (2) .................... $855,550.00 (1) Net increase $ .00 (2) Net decrease .00 279 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21958. A RESOLUTION stating the intention of the Council of the City of Roanoke to develop and maintain a system of user charges for waste treatment services and a system of industrial cost recovery charges applicable to industrial waste dischargers; and establishing a schedule for adoption and implementation of both such systems. WHEREAS, the City's Water Resources Committee has reported to the Council under date of December 16, 1974, that, in order to have certain pending wastewater facility construction grant applications processed by the Environmental Protection Agency, namely, grant applications for the Murray Run Interceptor (C-510473-01) the Trout Run Interceptor (C-510493-01), and the Downtown Roanoke - Norfolk Avenue Interceptor (C-510510-01) projects, and to forestall said Agency's withholding of funds heretofore committed for wastewater treatment facility projects in the City's service area there must be developed and maintained a system or systems of user charges for waste treatment services and a system of industrial cost recovery charges applicable to industrial waste dischargers, and there be established a schedule for adoption and implemention of both such systems; and has recommended to the Council that it assure the Environmental Protection Agency of its intention to develop and promulgate such systems of charges, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That there shall be developed, promulgated and maintained a system or systems of user charges to assure that each recipient of waste treatment services within the City's service area pay its proportionate share of the costs of operation and maintenance (including replacement as defined in 40 CFR 35.905- 17) of all waste treatment services provided by the City in conformance with 40 CFR 35.935-13; and 2,80 2. That there shall be developed, promulgated and maintained an industri cost recovery system which shall require all present and future industrial users to pay that portion of the grant amount allocable to the treatment of wastes from such users in conformance with 40 CFR 35.928; and 3. That the schedule for development, adoption .and implementation of both such systems shall be: Submission of draft to EPA for prelim- inary review and comment within ten (10) days following the date of adoption of this resolution. be Submission of draft to appropriate gover- nmental entities within thirty (30) days following City's receipt of EPA's comments on draft. Ce Adoption of systems by appropriate govern- mental entities within one hundred twenty (120) days following submission of draft to said entities, said entities being the City of Roanoke, City of Salem, County of Roanoke, and the Town of Vinton. de Submission of adopted systems to EPA for review and approval within ten (10) days after adoption of systems. BE I~ FURTHER RESOLVED that the City Clerk shall fortkwith duly attest copies of this resolUtion for transmittal through ithe 'City Manager' to the 'Regional Administrator, Region 3, Environmental Protection Agency, to the State Water Control Board, and to each abovenamed other local governmental entity, to each of which copies shall be attached a copy of the proposed system of charges to be submitted to the Environmental Protection Agency pursuant to paragraph 3.a., hereinabove. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21959. A RESOLUTION strongly urging the City of Roanoke's delegation to the General Assembly of Virginia not to introduce and, if the same be introduced, thereafter to oppose legislation which would limit the City's levy of local utility consumer taxes. WHEREAS, this Council is advised of the intended introduction to the General Assembly of Virginia of proposed legislation which would limit the levy of local utility taxes to the initial fifteen dollar per month charge of all residential utility bills; and 28.1, WHEREAS, the City of Roanoke now levies and imposes, pursuant to charter power and long existing general law, a tax on local consumers of certain utility services, the revenues from said tax being sorely needed by the City to defray the cost of services to its citizens, which revenue might not be replaced should the General Assembly of Virginia impair its present power to impose such tax; and this Council vigorously opposes legislation which would preclude, or further limit its authority to continue the levying of such tax, but at no higher rate than as at present. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Senator William B. Hopkins, and Delegates A. Victor Thomas and Ray L. Garland, the City's delegation to the 1975 General Assembly of Virginia, and all other members of the General Assembly are hereby respectfully petitioned and strongly urged not to introduce and, if same be introduced, to obtain defeat of any legislation by said General Assembly which would act to place further limitation, other than that presently contained in Sec. 58-617.2 of the 1950 Code of Virginia, as amended, upon the City of Roanoke or upon other municipalities of the Commonwealth in similar position, in the levy of local utility consumer taxes. BE IT FURTHER RESOLVED that the City Clerk transmit attested copies hereof to each member of the City of Roanoke's delegation to the 1975 General Assembly. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21960. A RESOLUTION strongly urging the Senators and Members of the House of Representatives of the Congress of the United States to fully support reenactmen of General Revenue Sharing legislation in the Congress. WHEREAS, this Council is cognizant of certain efforts to discontinue or limit the sharing of Federal revenues with the States and local governments upon the expiration of present legislation; and WHEREAS, this Council believes in and relies upon the principle of General Revenue Sharing and the continuation or extension of the same at, at least the current levels, a large portion of the funds which have been made available to the City of Roanoke from that source having been used toward the 282 provision of needed social services, for human resources, and to offset loss of revenues made necessary by tax relief for the elderly, all of which needs would be jeopardized by a cessation or curtailment of General Revenue Sharing. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body most strongly endorses, in principle, the extension and continuation of General Revenue Sharing so as to provide a means for the continuation of the supplement to dwindling revenue sources of local governments, and doth strongly urge the Senators and Members of the House of Representatives of the Congress of the United States to support reenactment of General Revenue Sharing legislation. BE IT FURTHER RESOLVED that attested copies hereof be transmitted by the City Clerk to all members of the Virginia delegation to the Congress of the United States and to the National League of Cities and the United States Conference of Mayors. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21961. A RESOLUTION urging, again, the City's representatives in the General Assembly of Virginia to support legislation by which the Commonwealth would most strongly regulate and police, if not prohibit outright, the operation of certain massage parlors and massage practices. WHEREAS, the City of Roanoke and other urban centers throughout the Commonwealth, have undergone the growth of numerous establishments operated as "massage parlors", wherein there are ostensibly practiced forms of physical therapy closely akin to certain of the forms of treatment currently licensed and regulated as one of the healing arts by the State Board of Medical Examiners, but the unrestricted and unregulated operation of which has or may have an adverse effect upon the health, safety and welfare of the citizens of this city and upon those of other localities throughout the State, as gauged by reported conduct of unhealthful and immoral activities in such establishments; and WHEREAS, several localities in this State and throughout the nation have attempted to prohibit or restrict the operation of such establishments, but the prohibitory and regulatory ordinances have almost universally been challen¢ in the Courts, and the legal status of such ordinances is at present unsettled; and ~d 283 WHEREAS, this Council is of opinion that the business of operating massage parlors and the qualifications and health of the employees of such establist and of persons allegedly offering massage services should best be regulated by the State, if not prohibited outright. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth again urgently call upon the City's representatives in the General Assembly of Virginia to introduce and support at the 1975 Session of the General Assembly passage of legislation which would prohibit outright the operation of "massage parlors" and certain practices or, if permitted, subject the owners, operators and employees of such establishments to adequate police, health and licensing regulations sufficient to ensure that such businesses or practices will not in the future operate to the detriment of the health, safety, general welfare or morals of the citizens of the Commonwealth. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit attested copies of this resolution to the City's representatives in the General Assembly of Virginia, to which shall be attached copies of Resolution No. 21386. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21962. A RESOLUTION inviting representatives of the City of Roanoke in the 1975 General Assembly of Virginia to meet with members of the City Council for discussion of legislative matters. WHEREAS, the Council deems it to be mutually advantageous that it meet and be able to discuss with the City's representatives to the 1975 Session of the General Assembly of Virginia matters of general legislation which may or should come before that Statewide body. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Senator William B. Hopkins and Delegates Ray L. Garland and A. Victor Thomas, representatives from the City of Roanoke in the 1975 Session of the General Assembly of Virginia, be and are hereby invited to meet with the Mayor and the Members of this city council on December 30, 1974, at six o'clock, p.m., in the Council's executive chambers for an informal discussion of and exchange of ideas on various items of legislation which will or may come before said General Assembly at its 1975 Session. ments 284 BE IT FURTHER RESOLVED that the City Clerk forthwith transmit attested copies of this resolution to the abovenamed senator and delegates to the 1975 Session of the General Assembly of Virginia. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21963. AN ORDINANCE to amend and reordain Section #891, "Non-Departmental," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #891, "Non-Departmental," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPART_NIENTAL # 891 League of Older Americans (1) ....... $22,500.00 (1) Net increase $22,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21964. AN ORDINANCE to amend and reordain Section #891, "Non-Departmental," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 285 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #891, "Non-Departmental," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL #891 Senior Citizens Advisory Council (1) .... $15,000.00 (1) Net increase $15,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21965. AN ORDINANCE to amend and reordain Section #891, "Non-Departmental," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #891, "Non-Departmental," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL #891 Virginia Tech Extension Service (1) ....................... $15,500.00 (1) Net increase $15,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor 286 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21966. AN ORDINANCE to amend and reordain Section #891, "Non-Departmental," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #891, "Non-Departmental," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL #891 Opportunities Industrialization Center (1) ........................... $4,256.00 (1) Net increase $4,256.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21967. AN ORDINANCE to amend and reordain Section #891, "Non-Departmental," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #891, "Non-Departmental," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL # 891 Total Action Against Poverty (1) ...... $2,488.00 (1) Net increase $2,488.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 287 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21968. AN ORDINANCE accepting a bid and awarding a contract for painting the lobby and stage floor in the Auditorium of the Roanoke Civic Center upon certain terms and conditions; and providing for an emergency. WHEREAS, on December 9, 1974, and after due and proper advertisement had been made therefor, four (4) bids for painting the lobby and stage floor in the Auditorium of the Roanoke Civic Center were opened and read before the City Council and referred to 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, recommending award of the contract as here- inafter 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 required painting and that funds sufficient to pay for the purchase price of said painting 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 Hesse & Hurt, Inc., to paint the lobby and stage floor in the Auditorium of the Roanoke Civic Center, which proposal is for the cost to the City of $4,573.00, cash, be and said proposal is hereby ACCEPTED; and that the City's Purchasing Agent be, and he is hereby authorized and directed to issue the requisite purchase order of the City for the abovementioned painting, said purchase order to be made and filed in accordance with the City's specifications made therefor. BE IT FURTHER ORDAINED that all other bids made to the City for the aforesaid painting 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 apprecia- tion for each said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: ~~ City Clerk Mayor 28:8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21969. A RESOLUTION authorizing the Water Department to install a water connection to serve the residence of Thompson W. Goodwin. WHEREAS, Thompson W. Goodwin has requested that his residence, being a central portion'of Tax Appraisal No. 4100106, containing 1.50 acres and being situate southwest of Cornwallis Avenue and east of Lockridge Road, S. W., in the City of Roanoke, be connected with the City's public water supply system; and WHEREAS, the Water Department cannot install the requisite water connecti< to serve said property and comply with RULE 6 of said department because the aforesaid residential lot does not front on a public way in which an existing main is presently located, but is proposed to be connected therewith for water service purposes by a 15-foot wide private easement approximately 500 feet in length; and WHEREAS, the Water Department could supply the requested water service by a standard installation through a meter on Lockridge Road, S. W.; and WHEREAS, Council is of the opinion that the provisions of the aforesaid RULE 6 should be waived in this instance. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the proper officials of the City's Water Department be, and they are hereby, authorized to install one water meter and connection in the east side of Lockridge Road, S. W., to serve only the 1.50 acre residential tract as the same is shown on plat initialed "Survey of Property Being Conveyed To Thompson W. Goodwin & Wife by Crystal Spring Land Co." drawn under date of November 29, 1974, by David Dick & Associates, Engineers and Surveyors, being a central portion of Official No. 4100106, provided that the said Thompson W. Goodwin pays the standard service connection and meter charges and installs and maintains, at his entire expense, and in a manner approved by the Water Department, a pressure reducing and regulating valve and the requisite water service line from the aforesaid meter through the above-mentioned private easement and into the aforesaid residenti lot. ATTEST: APPROVED City Clerk Mayor n 289 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21970. A RESOLUTION expressing the willingness of the Council of the City of Roanoke to make available to other adjoining and adjacent political subdivisions jail facilities to be constructed in the City of Roanoke. WHEREAS, the City of Roanoke, the City of Salem, Roanoke County, Craig County and the Town of Vinton, have long recognized, in the Roanoke Valley area, the need of all said political subdivisions for new and improved jail facilities; and WHEREAS, the Council of the City of Roanoke, by Ordinance No. 21166, adopted October 15, 1973, directed that the City acquire a specific site in the City of Roanoke, located on Campbell Avenue and on Church Avenue, S. W., and adjoining other property of the City, which together, is thought sufficient in size and from standpoint of location for joint-use jail facilities; and WHEREAS, the City is desirous of offering the use of the facilities to be constructed on said aforementioned property of the City to the aforesaid other adjoining or adjacent political subdivisions, on a per diem charge basis, providing such use be desired by all or any such political subdivisions, and they, or any of them, so advise the City of their desire by February 1, 1975. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council, intending to construct new jail facilities on the site directed to be acquired by Ordinance No. 21166 and on adjoining public property, doth hereby express its willingness and doth offer to make the jail facilities to be constructed on said site available, after construction, to the City of Salem, the Town of Vinton, the County of Roanoke and the County of Craig upon a per diem charge basis, providing the same be desired by the aforesaid parties, or any of them, and they so advise the Council of the City of Roanoke by February 1, 1975. BE IT FURTHER RESOLVED that the City Clerk be and she is hereby directed to forthwith forward attested copies of this resolution to the respective Clerk's of the governing bodies of the abovenamed political subdivisions. ATTEST: APPROVED City Clerk Mayor 290 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21971. A RESOLUTION expressing the willingness of the Council of the City of Roanoke to join with other adjoining and adjacent political subdivisions in the construction of a new courthouse to be constructed in the City of Roanoke. WHEREAS, the City of Roanoke, the City of Salem, and Roanoke County have long recognized, in the Roanoke Valley the need of said political subdivisions for new and improved courthouse facilites; and WHEREAS, the Council of the City of Roanoke, has determined to construct a new courthouse facility on a site in the City of Roanoke, on property of the City, adjacent or adjoining its municipal complex, which is thought sufficient in size and from standpoint of location for joint-use courthouse facilities; and WHEREAS, the City is desirous of joining with said other political subdivisions in the construction of said courthouse facilities on said aforemention, property of the City, provided such joint-use courthouse be desired by both or either such political subdivisions, and they, or either of them, so advise the City of their desire by February 1, 1975. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council, intending to construct new courthouse facilities on the aforesaid site now owned by the City, doth hereby express its willingness and doth offer to join with the City of Salem and the County of Roanoke in the construction of new joint-use courthouse facilities in the City of Roanoke, providing the same be acceptable to the aforesaid parties, or either of them, and they so advise the Council of the City of Roanoke by February 1, 1975. BE IT FURTHER RESOLVED that the City Clerk be and she is hereby directed to forthwith forward attested copies of this resolution to the respective Clerk's of the governing bodies of the abovenamed political subdivisions. ATTEST: APPROVED d City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21972. AN ORDINANCE to amend and reordain Section #658, "Street Maintenance," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: STREET MAINTENANCE #658 Other Equipment (1) ..................... $198,739.00 (1) Net decrease ................ $3,500.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1974. No. 21973. AN ORDINANCE to amend and reordain Section #550, "Sewage Treatment Capital Improvements Fund," of the 1974-75 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, "Sewage Treatment Capital Improvements Fund," of the 1974-75 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT CAPITAL IMPROVEMENTS FUND #550 Sewage Treatment Plant Expansion (1) ........ $23,205,663.93 (1) Net decrease $137,488.00 29.2 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 16th day of December, 1974. No. 21974. AN ORDINANCE to amend Ordinance No. 21632, providing a System of Pay Rates and Ranges for the employees of the City of Roanoke, by amending Schedule 2 of said System of Pay Rates by adding the position of Deputy-Transportation and Treatment, Code No. 7022, Range 15; providing the effective date of the change herein ordered; 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 the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 21632, adopted June 24, 1974, providing a System of Pay Rates and Ranges for the employees of the City, be amended by adding the new position as follows, viz: Code 7022 Classification Range Deputy-Transportation 15 and Treatment BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect from and after December 16, 1974. APPROVED ATTEST: City Clerk Mayor 293 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1974. No. 21948. AN ORDINANCE to amend and reordain Section #896, "Transportation," of the 1974-75 Appropriation Ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #896, "Transportation," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ATTEST: TRANSPORTATION # 896 Contractual Services (1) .............. $302,000.00 (1) Net increase ............. $50,000.00 APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1974. No. 21975. AN ORDINANCE to amend and reordain Section #1000, "Schools - Administra- tion,'' and Section #7000, "Schools - Maintenance of Plant and Equipment," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #1000, "Schools - Administration," and Section #7000, "Schools - Maintenance of Plant and Equipment," of the 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - ADMINISTRATION #1000 Clerical Personnel (1) ................. $ 2,712.00 SCHOOLS - MAINTENANCE OF PLANT AND EQUIPMENT #7000 Replacement of Vehicular Equipment (2) . $ 2,712.00 (1) Net decrease $ 2,712.00 (2) Net increase $ 2,712.00 '294 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 December, 1974. No. 21976. AN ORDINANCE to amend and reordain Section #1000, "Schools - Administra- tion,'' and Section #12000, "Schools - Improvements and Betterments," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 91000, "Schools - Administration," and Section 912000, "Schools - Improvements and Betterments," of the 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - ADMINISTRATION ~1000 Clerical Personnel (1) ............. $ 7,000.00 SCHOOLS - IMPROVEMENTS AND BETTERMENTS 912000 Operational Equipment (2) .......... $ 7,000.00 (1) Net decrease $7,000.00 (2) Net increase $7,000.00 BE IT FURTHER ORDAINED that an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Mayor 295 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1974. No. 21977. AN ORDINANCE to amend and reordain Section #320, "Water - General Expense," of the 1974-75 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 9320, "Water - General Expense," of the 1974-75 Water Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER - GENERAL EXPENSE 9320 Public Works Services (1) ........ ~.. $ 538,500.00 Overtime (2) ........................ 6,500.00 (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: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1974. No. 21978. AN ORDINANCE to amend and reordain Section #90, "Sewage Treatment Fund," of the 1974-75 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 990, "Sewage Treatment Fund," of the 1974-75 Sewage Treatment Fund Appro- priation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND 990 Public Works Services (1) ........... $ 200,500.00 Overtime (2) ........................ 7,500.00 (1) Net decrease $ 7,500.00 (2) Net increase 7,500.00 296 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 December, 1974. No. 21979. AN ORDINANCE to amend and reordain Section #340, "Municipal Airport Fund," of the 1974-75 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 1974-75 Airport Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL AIRPORT FUND #340 Public Works Services (1) ........... $ 257,000.00 Overtime (2) ........................ 4,000.00 (1) Net decrease $ 4,000.00 (2) Net increase 4,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance ATTEST: City Clerk Mayor APPROVED shall be in effect from its passage. 297 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1974. No. 21980. A RESOLUTION relating to Congressional appropriation of funds for grants to localities under Section 701 of the Housing Act of 1954, as amended. WHEREAS, the Fifth Planning District Commission of Virginia has annually received grants~ from the United States Department of Housing and Urban Development under Section 701 of the Housing Act of 1954, as amended, for the purpose of promoting effective planning throughout the District; and WHEREAS, such Section 701 grant revenue constitutes a significant portion of the funds available to the Commission for planning in a variety of important subjects; and WHEREAS, Congress has appropriated for use in the next fiscal year $100 million nationally for the Section 701 program; and WHEREAS, the President of the United States is reported to have determine that only one half of that sum shall actually be expended; and WHEREAS, the Congress has power to override such determination by the President and authorize that the full amount appropriated shall be spent. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, it being the opinion of this Body that it is in the national interest to promote adequate planning for the future, that such interest would be hampered by any reduction in Section 701 expenditures appropriated by the Congress for the next fiscal year, that the President's proposed reduction in spending would be reflected in a reduction of the Fifth Planning District Commission's Section 701 grant, and that such reduction would be injurious to said Commission's efforts to promote sound planning for its member jurisdictions, this Council urges the President of the United States to reconsider his actions in regard to the Section 701 program. BE IT FURTHER RESOLVED, that in the event the President of the United States does not reconsider such actions, this Body urges the Congress of the United States to override the President's determination and restore the full funding appropriated for the Section 701 program. BE IT FINALLY RESOLVED that an attested copy of this resolution be transmitted by the City Clerk to President Gerald R. Ford, to the State's Senators and to the representatives of this area to the Congress of the United States. APPROVED ATTEST: ~~ City Clerk Mayor 298' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1974. No. 21981. AN ORDINANCE to amend and reordain Section #450, "Sewage Treatment Fund- Replacement Reserve," of t.he 1974-75 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 #450, "Sewage Treatment Fund - Replacement Reserve," of the 1974-75 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND - REPLACEMENT RESERVE #450 Replacement, Unidentified Item (1) ...... $10,000.00 L - 3711 Engine (2) ..................... 10,000.00 (1) Net decrease $10,000.00 (2) Net increase. 10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1974. No. 21982. AN ORDINANCE accepting a proposal for furnishing to the City one new dual ignition natural gas engine for use at the City's Sewage Treatment Plant; and providing for an emergency. WHEREAS, on December 18, 1974, and after due and proper advertisement had been made therefor, a certain bid for the supply to the City of the engine hereinafter mentioned was opened in the office of the City's Purchasing Agent 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 recommenda 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 acceptance of the bid; and the Council, considering all of the same, has determined that the bid hereinafter :ion 299 accepted is the lowest, best and only bid made to the City for the supply of said engine, and that funds sufficient to pay for the purchase price of said engine have been or are being contemporaneously appropriated; and WHEREAS, for the usual daily operation of the City's Sewage Treatment Plant, 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 offer of North American Engines Company, Incorporated, Clinton, Iowa, to supply to the City one new L-3711 dual ignition natural gas engine for a total price of $36,740.00, cash, including sixteen hours installation and start-up service, be and said offer is hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal, and the terms and provisions of this ordinance; the cost of said engine to be paid for out of funds heretofore or contemporaneously appropriated for the purpose; and upon acceptance by the City of the aforesaid engine, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment to said bidder, of the aforesaid price, not to exceed the sum hereinabove set out. 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 23rd day of December, 1974. No. 21983. AN ORDINANCE to amend and reordain certain sections of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1974-75 Appropriation Ordinance, be, and the.same are hereby, amended and reordained to read as follows, in part: 30.0 POLICE DEPARTMENT #345 Vehicular Equipment (1) .............. $ 41,275.30 EMERGENCY SERVICES #351 Supplies and Materials (2) ........... $ 13,195.39 MOTORIZED VEHICLE MAINTENANCE #671 Vehicular Equipment (3) .............. $999,295.85 ENGINEERING AND BUILDING INSPECTION #748 Contractual Services (4) ............. $ 45,635.65 MOTORIZED VEHICLE MAINTENANCE #671 Vehicular Equipment (5) .............. $999,960.20 (1) Net increase (2) Net decrease (3) Net increase (4) Net decrease (5) Net increase $ 6,390.30 804.61 804.61 664.35 664.35 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1974. No. 21984. AN ORDINANCE to amend and reordain the City of Roanoke's 1974-75 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 1974-75 Grant Program Account be amended to read as follows, in part: Highway Safety Grant No. PT75-128-014-101 (1)...$52.70 (1) Net increase ........ $52.70 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor 301 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1974. No. 21985. AN ORDINANCE providing for the purchase of various vehicular equipment for use by various departments of the City, upon certain terms and conditions; accepting certain bids made to the City for furnishing and delivering said vehicu- lar equipment, rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, on December 13, 1974, 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 Purchasing Agent and publicly opened in the City Council Executive Chamber 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 here- inafter provided; and the Council, considering all of .the same, has determined that the bids hereinafter accepted are the best bids meeting all of the City's specifications made for such vehicular equipment, made to the City for the supply of said equipment, and that funds sufficient to pay for the purchase price of the aforesaid equipment have 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. follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as That the bid of Fulton Motor Co., Inc., to furnish and deliver to the City as follows: ITEM NO. QUANTITY OF AUTOMOBILES AND DESCRIPTION 10 - Police automobiles (6 to be "unmarked" and 4 to be "marked" police patrol automobiles) PURCHASE PRICE $ 43,463.00 That the bid of American Motors Corporation of Roanoke, Inc., to furnish and deliver to the City as follows: ITEM NO. QUANTITY OF AUTOMOBILES AND DESCRIPTION 1 - Automobile, 225 C.I.D. Minimum, six-cylinder intermediate class, with factory installed air con- ditioner PURCHASE PRICE $ 3,904.61; and, 302 3 - Compact automobiles, with factory installed air con- ditioners $ 9,664.35 That the bid of Antrim Motors, Inc., to furnish and deliver to the City as follows: ITEM NO. QUANTITY OF AUTOMOBILES AND DESCRIPTION PURCHASE PRICE 2 - New van-type trucks, 3/4 ton class, with minimum 302 C.I.D. engine, V-8 $ 8,375.26 That the bid of Truck Body Corporation, to furnish and deliver to the City the following: ITEM NO. 5 QUANTITY OF AUTOMOBILES AND DESCRIPTION 1 - 1974 Demonstrator unit, cab and chassis with a Paddy Wagon mounted as a complete unit. PURCHASE PRICE $ 7,764.39 That the bid of Shaffer Equipment & Supply Co., Inc., to furnish and deliver to the City as follows: QUANTITY OF AUTOMOBILES AND DESCRIPTION 4 .- New snow plows complete with all accessory con- trols, etc., (no widening/ leveling wings) ITEM NO. 6 REJECTED. PURCHASE PRICE $ 6,435.60 That the bids received for three (3) new leaf loading machines be That all of the above amounts to be paid in cash, said vehicles and equipment to be delivered to the City, f.o.b. Roanoke, Virginia, all to be in accordance with the City's specifications therefor or as modified in the Committee' report dated December 23, 1974, and in said bidder's proposals, be, and said bids are hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorize 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 or contemporaneously being appropriated for the purpose. BE IT FURTHER ORDAINED that upon delivery to the City of all of the afore said equipment and upon the City's acceptance of the same, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment to 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 suppl 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. 303 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 23rd day of December, 1974. No. 21986. A RESOLUTION providing for a moving expense payment to a certain tenant displaced by reason of the acquisition of property for construction of a public parking garage, upon certain terms and conditions. WHEREAS, the City of Roanoke has inaugurated a program leading to construction of a public parking garage which requires the acquisition of various occupied properties; by reason of which certain owners and tenants of the properties have been displaced; and WHEREAS, the general law of the Commonwealth of Virginia, requires local government to pay to displaced owners and/or tenants of properties acquired by said local governments, certain sums for moving expenses; and WHEREAS, there has been appropriated a sum sufficient for the payment of a certain moving expense claim now known to exist, of a certain tenant of property acquired for the purpose aforesaid. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the moving expense payment, as hereinafter set out, is hereby authorized to be made to the tenant hereinafter mentioned as displaced by reason of the acquisitio of properties for the construction of a public parking garage as required by law. BE IT FURTHER RESOLVED that there is expressly authorized to be paid the moving expense claim of Roanoke Gas Company, in an amount not to exceed $12,389.24, upon the conditions aforesaid. APPROVED ATTEST: City Clerk Mayor 304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1974. No. 21987. AN ORDINANCE authorizing and providing for the acceptance of a deed of conveyance of certain land, offered to be conveyed to the City for the location of No. 1 Fire Station, upon certain terms and conditions; and providing for an emergency. WHEREAS, for the usual daily operation of the municipal government, an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be and they are hereby authorized and directed to accept on behalf of the City, a deed conveying the fee simple title to that certain parcel of land containing 2460.91 square feet located on the west line of old Second Street, S. E., and shown in detail on plat entitled "Plat Showing Property Located in Downtown East Renewal Project VA R-42 to be Conveyed to the City of Roanoke, Virginia, by the City of Roanoke Redevelopment and Housing Authority", prepared under date of November 27, 1974, by Hayes, Seay, Mattern & Mattern, Architects - Engineers - Planners, a copy of which is on file in the Office of the City Clerk, for a nominal consideration of $5.00, cash, such deed to contain the grantor's Special Warranty of title, and the usual restrictions reservations and conditions applicable to conveyances made by a Redevelopment and Housing Authority. 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 23rd day of December, 1974. No. 21988. A RESOLUTION authorizing and directing the City Attorney to secure owner's title insurance insuring certain land and improvements for a public parking facility in the City. WHEREAS, the City has acquired certain land within the downtown area of the City upon which to construct a public parking facility at a total estimated 305 project cost of $6,000,000.00, and the Council deems it advisable to insure the title to the land and permanent improvements both during construction and thereafter; and WHEREAS, funds sufficient to pay the premium cost of $10,550.00 has heretofore been appropriated by the Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Attorney be, and he is hereby, authorized and directed to secure owner's title insurance at a premium cost not to exceed the sum of $10,550.00 without further authorization from Council, on certain land and public parking facility improvements to be constructed thereon at an estimated total cost of $6,000,000.00, both during construction and thereafter. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1974. No. 21989. A RESOLUTION addressed to The State Corporation Commission relative to the Chesapeake and Potomac Telephone Company of Virginia's application for an increase in local coin rates and for establishment of charges for calls to Directory Assistance Service. WHEREAS, the City of Roanoke has been notified of The Chesapeake and Potomac Telephone Company of Virginia's application made to the State Corporation Commission in Case No. 19452 for an increase in local coin rates and for establishm~ of charges for calls to Directory Assistance Service, basing its application on the contention that the costs of providing coin telephone service have increased substantially and that there is need to control expenses for Directory Assistance Service; and WHEREAS, while Council is fully cognizant of the increasing costs of providing coin telephone service and the expenses generated from the misuse of the Directory Assistance Service, it views with great concern a proposal which would increase the financial burden borne by the general public for a service that the public depends upon for the conduct of its daily affairs understan¢ as it does, that application for similar rate increases has in recent days been denied by the Commission. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body, looking to the best interests of the residents and commercial nt ing, 306 concerns of the City of Roanoke who depend upon The Chesapeake and Potomac Telephone Company of Virginia for their communication needs under rates regulated by the State Corporation Commission, hereby respectfully petitions and urges upon the Chairman and Members of the State Corporation Commission to proceed most cautiously and with extreme regard for the interests of the general public as well as those of the public utility, with studied consideration to the impact which an increase in local coin rates and the establishment of charges for calls to Directory Assistance Service would have upon the numerous customers of the public utility who depend upon those services and whose incomes are meager or insufficient and already jeopardized by spiraling inflation. BE IT FURTHER RESOLVED that attested copies of this resolution be transmitted to the Honorable William C. Young, Clerk of the State Corporation Commission, with request that it be brought to the attention of the Chairman and Members of said commission; that similar copy hereof be transmitted to the applicant; and that the proper City officials be authorized to appear at the hearing before the Commission set for December 30, 1974, in furtherance of the matters herein set out. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1974. No. 21990. AN ORDINANCE to amend and reordain Section #832, "Other Health Agencies," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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, "Other Health Agencies," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: OTHER HEALTH AGENCIES $832 TAP - Alcohol Outreach Program (1) .... $19,005.00 (1) Net increase $19,005.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 3 07 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1974. No. 21991. AN ORDINANCE to amend and reordain Section #832, "Other Health Agencies," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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, "Other Health Agencies," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: OTHER HEALTH AGENCIES #832 Contingencies (1) ................. $15,000.00 (1) Net increase $15,000.00 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 23rd day of December, 1974. No. 21993. AN ORDINANCE to amend and reordain Section #125, "Clerk of Circuit Court," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CLERK OF CIRCUIT COURT #125 Maintenance of Buildings, Property and Equipment (1) ........................ $2,871.00 (1) Net increase ................. $861.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor 30,8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1974. No. 21994. A RESOLUTION signifying intent to make available for public street and public storm drain purposes four parcels of land on Jefferson Street, S. W., to be used in and about the construction of the new Jefferson Street Bridge, Highway Project U000-128-106, PE-101, RW-201, C-501. WHEREAS, the Council is advised of the Virginia Department of Highways and Transportation's request that four certain parcels of land situate on Jefferson Street, S. W., being one parcel to the north o~ the Roanoke'River in the easterly portion of Maher Field and three parcels to the south of the Roanoke River in land held in connection with operation of the City of Roanoke Water Department, be made available as and for a part of the right-of-way for Highway Project U000-128-106, PE-101, RW-201, C-501, and storm drain facilities connected therewith and WHEREAS, upon the City Manager's recommendation, the City is willing to make the aforesaid land available for the purposes abovestated inasmuch as the same will continue to be held and utilized by the City of Roanoke for those purposes. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby signify the willingness of the City of Roanoke to make available, by deed or by map of dedication sufficient for the purpose and duly recorded, as a part of the right-of-way for Highway Project U000-128-106, PE- 101, RW-201, C-501, to be used for public street and storm drain purposes, those four parcels of land on Jefferson Street, S. W., as shown on Sheets 4, 5 and 6 of the plans for State Highway Project U000-128-106, PE-101, RW-201, C-501, with the provision that the parcels will continue to be held and utilized by the City of Roanoke for the aforesaid public purposes. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted by the City Manager through appropriate channels to the Virginia Department of Highways and Transportation. ATTEST: APPROVED City Clerk Mayor 3.09 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of December, 1974. No. 21995. AN ORDINANCE to amend Title XXIII, Misdemeanors and Offenses, of the Code of the City of Roanoke, 1956, as amended, by adding to Chapter 6, Miscellaneous Offenses, a new section to be numbered Sec. 25. Ticket sales - Scalping, making it unlawful to sell tickets to athletic and other entertainment events at a price higher than the price printed on such tickets, providing penalties for the violation of the provisions of this ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XXIII, Misdemeanors and Offenses, of Chapter 6. Miscellaneous Offenses, of the Code of the City of Roanoke, 1956, as amended, be and the same is hereby amended by adding to said title and chapter a new section numbered Sec. 25., Ticket sales - Scalping, to read and provide as follows: Sec. 25. Ticket sales - Scalping. It shall be unlawful for any person, firm or corporation to sell or offer for sale any ticket of admission to any baseLail, basketball, football game or other athletic contest and/or concert or performance held in a municipally-owned facility when such sale is for a price in excess of the sale price written or printed on such ticket or tickets. Any person, firm or corporation violating any pro- visions of this section shall be guilty of a misde- meanor and upon conviction thereof, shall be punish- able by a fine not to exceed five hundred dollars ($500), or imprisonment for not more than six months, or both such fine and imprisonment, and each such sale shall constitute a separate offense. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of December, 1974. No. 22002. AN ORDINANCE amending and reordaining Sec. 3. Rental charges for use of market building, of Chapter 2, Title IX, Public Markets, of the Code of the City of Roanoke, 1956, as amended; providing for an emergency; and providing for the effective date of this ordinance. WHEREAS, the City Manager has recommended establishment of daily rental rates for stalls and curbside markets, and the Council concurs in such recommendatio] and ,310 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 Sec. 3. Rental charges for use of market building, of Chapter 2, Title IX, Public Ma kets, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained to read and provide as follows: Sec. 3. Rental charges for use of market building. Rental charges for the use of stalls and storerooms in the city market building, and the charges for street space, segre- gated for producers be and the same are hereby fixed as follows: (a) Inside market stalls: Nos. 1 through 10 Nos. 11 through 20 $120.00 per month, each $100.00 per month, each or, Nos. 1 through 20 $10.00 per day, each (b) Outside Stalls: Nos. 21, 22 Nos. 23 through 30 and 32, 34, 36, and 38 No. 31 Nos. 33, 35, 37 Nos. 39, 40 $180.00 per month, each $85.00 per month, each $30.00 per month $80.00 per month, each $150.~00 .per month, each . or, Nos. 21 through 40 $10.00 per day, each (c) Curbage fees: Local producers $ 1.50 per day, or $15.0( per month for eac~ space assigned Out-of-state producers $ 3.00 per day for vehi- cles less than two tons, $ 5.00 per day for vehi- cles two tons or more Hucksters and/or peddlers $ 1.00 per day. BE IT FURTHER ORDAINED that an emergency existing that this ordinance be in effect upon and after the first day of January, 1975. ATTEST: APPROVED City Clerk Mayor 311 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of December, 1974. No. 22003. 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 December 13, 1974, 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 opened in the office of the City's Purchasir Agent by three members of a committee appointed for the purpose, and thereafter was tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending award of the contract as hereinaf~ provided; and the Council, considering all of the same, has determined that the 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 the Baltimore Paint and Chemical Corporation to furnish and deliver traffic paint to the City, which proposal is for the cost to the City of $17,825.50, cash, and the proposal of Potters Industries, Incorporated, to furnish and deliver reflective glass beads to the City for the purchase price of $3,043.20, cash, be and said proposals are hereby ACCEPTED; and that the City's Purchasing Agent be, and he is hereby authorized and directed to issue the requisite purchase orders of the abovementioned traffic paint and beads, said purchase orders to be made and filed in accordance with the City's specificati~ made therefor. 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 g er ~ns 3,12 IN THE COUNCIL OF THE CITy OF ROANOKE, VIRGINIA, The 30th day of December, 1974. No. 22004. A RESOLUTION proposing that the General Assembly of Virginia, at its 1975 Session, consider amendment of the Constitution of Virginia so as to authorize exemption entitlements to totally and permanently disabled persons, as well as to certain persons over the age of sixty-five years, and to enact legislation by which the Commonwealth would assume the costs of providing such tax relief. WHEREAS, the City Council has been approached by certain individuals and groups towards the adoption of local ordinances which would permit of the exemption from local taxation of real estate owned and occupied by persons who are totally and permanently disabled and under the age of sixty-five years, which proposals have heretofore been referred to its Tax Study Committee for consideration and report back to the Council, which report was made in writing to the Council at its meeting held on October 28, 1974; and WHEREAS, the Council considering all of the aforesaid and being advised that the Constitution of Virginia and existing~ general law permits only the exemption, or partial exemption of local real estate taxes on lands owned and occupied by persons sixty-five years of age or older whose incomes and net worth are within certain of the lower limits, is of opinion that serious consideration should be given to amendment of the Constitution of Virginia so as to authorize the enactment of similar provisions for exemption or partial exemption from payment of local taxes on real estate owned and occupied by persons who are totally and permanently disabled and whose income and whose net worth may entitle such persons to special consideration in matters of taxation, and that the cost of providing all such tax relief be assumed by the Commonwealth of Virginia. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body respectfully proposes that the General Assembly of Virginia, at its 1975 Session, consider amendment of the Constitution of Virginia so as to authorize legislation to provide for the exemption or partial exemption from taxation on real property owned and occupied by persons who are totally and permanently disabled and whose income and net worth would entitle such persons to total or partial relief from such taxation, and, further, to enact general legislation which would relieve localities of the burden of the cost of such tax relief, to be assumed by the Commonwealth of Virginia. BE IT FURTHER RESOLVED that attested copies of this resolution be transmitted by the City Clerk to Senator William B. Hopkins, Delgate Ray L. Garland and Delegate A. Victor Thomas, representatives from the City of Roanoke to the General Assembly of Virginia. APPROVED ATTEST: ~~3~ City Clerk Mayor 313 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of December, 1974. No. 22005. AN ORDINANCE authorizing employment of the services of a qualified real estate appraiser to appraise the value of certain properties needed to be acquired for the right-of-way of the Murray Run Sanitary Sewer Line Project, upon certain terms and provisions; and providing for an emergency. WHEREAS, plans for a new sanitary sewer trunk relief line to serve residents and commercial establishments within the Murray Run Watershed, within and without the corporate limits of the city, have been prepared and approved and it is now necessary that the City acquire the right-of-way and related easement: necessary for the proper construction of said sewer line; and WHEREAS, the City Manager has reported to the Council the proposal of Earl G. Robertson, MAI, SRPA, a qualified real estate appraiser, to appraise the value of sewer easements through fifty-five parcels of land needed for said Project, to commence the appraisals within ten (10) days of authorization and to make written report thereon to the City within 30 days from commencement of such appraisals; and the City Manager has recommended that said proposal be accepted; and WHEREAS, construction of the needed sanitary sewer trunk relief line cannot be commenced until all such easements have been acquired, and it is, therefore, necessary, in order that such construction be commenced, that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed to enter into written agreement on behalf of the City with Earl G. Robertson, MAI, SRPA, providing for an appraisal and preparation and delivery to the City of appraisal reports on those easements needed for the Murray Run Sanitary Sewer Line Project as shown on the plats of Plan No. 5412 in the Office of the City Engineer indicatin~ the fair market value to be offered to be paid by the City for each of the easement in land as are necessary for said project and shown on the plans of the same, the City to pay for the aforesaid appraisals and written reports an aggregate sum of $2,750.00, apportioned to the several parcels as is set out in the written proposal of said appraiser, the project to be commenced within 10 days from the passage of this ordinance and to be accomplished within 30 days from date of commencement. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: ~~ City Clerk ~ayor 314 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of December, 1974. No. 22006. A RESOLUTION signifying the City's desire and willingness to participate with the Virginia Department of Highways and Transportation and the Roanoke Hospital Association (Roanoke Memorial Hospitals) in the construction of a 5- ton light vehicular bridge with a pedestrian walkway over the Roanoke River in connection with the construction of the new Jefferson Street Bridge, Highway Project U000-128-106, PE-101, RW-201, C-501, with the City and said Association to pay all costs thereof over 85% of the cost of construction of the pedestrian walkway, total cost of the smaller project to be borne by the City and Roanoke Hospital Association in proportionate shares, to be evidenced by written agreement between said parties. WHEREAS, Roanoke Hospital Association, owning and operating Roanoke Memorial Hospitals, has registered opposition to a new Jefferson Street bridge unless a small, controlled, vehicular bridge was. constructed for use by the hospital; and WHEREAS, said Association has agreed to contribute toward the constructior costs of a 5-ton light vehicular bridge with a pedestrian walkway across the Roanoke River, with it to be responsible for all costs over and above the costs for proposed pedestrian bridge at such site and, later, for all maintenance costs of the structure in that proportion of its contribution toward the cost of construction; and WHEREAS, the Virginia Department of Highways and Transportation has proposed as an estimate for a 5-ton light vehicular bridge with a pedestrian walkway a total cost of $116,771.00 with the State's estimated contribution being $42,037.56, thereof, or 85% of the cost of construction of a pedestrian bridge at the same site; and WHEREAS, the City is willing to contribute the estimated cost of what would be the City's obligation for the proposed pedestrian bridge at the same site, said cost estimated at $7,402.20 and being 15% of the cost of the pedestrian bridge; and WHEREAS, the sharing by the City and said Association of that part of the cost of the 5-ton light vehicular bridge not funded by the State will be set out and formally agreed upon by proper written instrument executed by the parties. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth signify to the Virginia Department of Highways and Transportatioi said City's willingness to participate with said Department in the construction of a 5-ton light vehicular bridge with pedestrian walkway across the Roanoke 3:!_5 River in connection with the construction of the new Jefferson Street Bridge, Highway Project U000-128-106, PE-101, RW-201, C-501 the State's portion of the total cost of which is estimated to amount to $42,037.56 and the City's portion of which is estimated to amount to $74,733.44, of which latter amount $67,423.00, based on said estimates, will be contributed by Roanoke Hospital Association. BE IT FURTHER RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed to enter into written agreement on behalf of the City with Roanoke Hospital Association on the matter of the sharing by the City and said Association of the costs of the construction and maintenance of the 5-ton bridge, upon which form of agreement as is approved by the City Attorney. BE IT FINALLY RESOLVED that the City Clerk forthwith transmit attested copies of this resolution to the appropriate officials of the Virginia Department of Highways and Transportation and to Roanoke Hospital Association. A P P R O V E D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of December, 1974. No. 22007. A RESOLUTION relating to the City's reimbursement of certain promotional expenses by the Cave Spring Jaycees, Inc., in connection with the Star City Virginia Collegiate All-Star Football Game. BE IT RESOLVED by the Council of the City of Roanoke that this Council doth concur in the request of Cave Spring Jaycees, Inc., that of the $20,000.00 heretofore advanced to said organization to cover advertising and promotional costs in furtherance of the Star City Virginia Collegiate All-Star Football Game, $10,000.00 be reimbursed in accordance with the provisions of the agreement dated October 7, 1974, heretofore entered into between said organization and the City, and that the remaining $10,000.00 be paid to the City no later than June 30, 1975. BE IT FURTHER RESOLVED that the City Clerk do transmit attested copies of this resolution to officers of said Cave Spring Jaycees, Inc. APPROVED ATTEST: City Clerk Mayor 316 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 1975. No. 21996. AN ORDINANCE permanently vacating and closing a portion of Rolfe Street, S. W., and certain alleys and segments of alleys adjacent to Lots 34 through 48 inclusive according to the Map of Section 1, Mountain View Terrace Addition. WHEREAS, Raymond J. Fox, on the 8th day of July, 1974, made application in writing to the Council of the City of Roanoke, Virginia, requesting said Council to permanently vacate, discontinue and close a portion of Rolfe Street, S.W., and alleys and segments of alleys, after posting notice of the intended application at the Courthouse of the Circuit Court for the City of Roanoke, Virginia, and two other public places in said City more than ten (10) days prior to July 8, 1974, as required by law; and WHEREAS, as requested in said application, said Council did on July 8, 1974, appoint five viewers to view said portion of Rolfe Street, S. W., and alleys and segments of alleys and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same; and Wh~S, it appears from ~he report of said viewers da~ed A'~gust ~, 1974, and filed with the City Clerk, that no inconvenience would result from discontinuing the same; and WHEREAS, Council at its meeting July 8, 1974, referred said application to the City Planning Commission, which Commission, after due notice to the public, held a public meeting on the 21st day of August, 1974, and by a report dated December 5, 1974, duly filed with Council, recommended that the application to vacate, discontinue and close said portion of Rolfe Street, S. W., and alleys and segments of alleys be approved; and WHEREAS, a public hearing was held before Council at its meeting on the 30th day of December, 1974, after due and timely notice thereof was published in the World News, a newspaper published in the City of Roanoke, Virginia, at which meeting all parties in interest and citizens were afforded an opportunity to be heard; and WHEREAS, from all of the foregoing, Council considers and finds that no inconvenience to the public or to any individual will result from permanently vacating and closing the said portion of Rolfe Street, S. W., and the said alleys and segments of alleys, as applied for, and that said portion of Rolfe Street, S. W., and said alleys and segments of alleys should be permanently closed as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virgin- ia, that a portion of Rolfe Street, S. W., and alleys and segments of alleys more particularly hereinafter described be, and they are hereby, vacated, discontinued 317 and closed, and that all right, title and interest of the public in and to the same be, and it is hereby, released and terminated insofar as the Council of the City of Roanoke is empowered so to do, the City of Roanoke hereby expressly reserving an easement in that segment of an unnamed 25 foot alley adjacent to the northern line of Lot 34, Section 1, Mountain View Terrace Addition for the mainte- nance, operation, repair, and replacement of an existing 8-inch water main. The said portion of Rolfe Street, S. W., and alleys and segments of alleys vacated, discontinued and closed are shown on the Map of Section 1, Mountain View Terrace and are more particularly described as follows: BEGINNING at the easternmost corner of Lot 38, Sec. 1, Map of Mountain View Terrace Addition; thence S. 21 deg. 16' W. 95 feet to a point, being the southernmost corner of Lot 41, thence N. 63 deg. 44' W. 286.08 feet more or less, to a point, being the westernmost corner of Lot 48; thence S. 21 deg. 16' W. 30 feet more or less to an angle point on the northerly line of Lot 15, said point being situate N. 63 deg. 44' W. 25.09 feet from the easternmost corner of Lot 15, thence with the northern lines of Lots 15, 16, 17, 18, 19, 20, and 21 S. 63 deg. 44' E. 334.17 feet, more or less, to an angle point in the westerly line of Lot 22; thence with the westerly lines of Lots 22, 37, 36, 35 and 34 N. 21 deg. 16' E. 130 feet, more or less, to the northwest corner of Lot 34, thence N. 68 deg. 44' W. 40 feet crossing Rolfe Street to the place of BEGINNING; and BEING all that portion of Rolfe Street lying to the south of an imaginary line extending between the northwest corner of Lot 34 and the easternmost corner of Lot 38, as shown on the Map of Sec. 1, Mountain View Terrace Addition. A 10 foot alley adjacent to and running the length of the eastern line of Lot 42, Sec. 1, Map of Mountain View Terrace Addition. A segment of a 20 foot alley extending from the northwest corner of Lot 48, Sec. 1, Map of Mountain View Terrace Addition S. 68 deg. 44' E. approximately 275 feet with the northern lines of Lots 48, 47, 46, 45, 44, 43, 42 and 38, Sec. 1, Map of Mountain View Terrace Addition to the alley's intersection with the western line of Rolfe Street. A 10 foot alley adjacent to and running 100 feet with the eastern lines of Lots 34 through 37, Sec. 1, Mountain View Terrace Addition. A segment of an unnamed 25 foot alley adjacent to the northern line of Lot 34, Sec. 1, Mountain View Terrace Addition extending from the intersection of said alley with the eastern line of Rolfe Street S. 68 deg. 44' E. 100 feet, more or less, to the intersection of said roadway with the eastern line of a 10 foot alley. BEING a portion of Rolfe Street and alleys and segments of alleys shown on the Map of Section 1, Mountain View Terrace Addition. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby, directed to mark "permanently vacated" on all maps on file in his office on which said portion of Rolfe Street, S. W. and alleys and segments of alleys are shown referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. 31'8 BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court for the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk may make proper notation on any map or maps recorded in his office whereon said portion of Rolfe Street, S. W., and alleys and segments of alleys are shown and said Clerk is requested to record a copy in a Deed Book in his office. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 1975. No. 21997. AN ORDINANCE permanently vacating, discontinuing, and closing a certain portion of Sycamore Avenue, N. E., approximately 40 feet in width, extending in a westerly direction from a point 100 feet west of the northwest corner of its intersection with Courtland Road, N. W., to the easterly right-of-way of Interstate Route No. 581, said street being shown on Sheet 308 of the City's Tax Appraisal Map. WHEREAS, the Council has heretofore, upon the recommendation of the Planning Commission, by its own motion proposed the permanent closing, vacating, and discontinuing of the street hereinafter described and did, by Resolution No. 21915, appoint viewers to view said street and to report to the Council as provided by law; and WHEREAS, Messrs. Dewey H. Marshall, Harry W. Whiteside, and J. Tate McBroom, 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 December 9, 1974, 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 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 30th day of December, 1974, 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 '319 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: That certain portion of Sycamore Avenue, N. E., partly 40 feet in width and partly 50 feet in width, extending westerly from a line across Sycamore Avenue 100 feet west of the northwest corner of its intersection with Court- land Road, N. E., to the easterly right- of-way of Interstate Route No. 581, and being that 672.64 foot portion of Sycamore Avenue, N. E., lying between the easterly right-of-way line of Interstate Route No. 581 and a line across Sycamore Avenue drawn as an extension of the line between Old Lots 16 and 17, Block "L", Map of Williamson Groves Addition, 100 feet southwest of the northwest corner of the intersection of Courtland Road, N. E., and Sycamor~ Avenue, N. E., as said avenue is shown on Sheet 308 of the Tax Appraisal Maps of the City of Roanoke. 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 empowered so to do, 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, referring to the book and page of resolutions and ordinances of the Council of the City of Roanoke wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk forthwith deliver to the Clerk of the Circuit Court of the City of Roanoke an attested copy of this ordinanc~ in order that the same be recorded in said lastmentioned Clerk's Office and be spread in the current deed book therein, proper notice to be made on all maps and plats recorded in said Clerk's Office upon which are shown that portion of Sycamore Avenue, N. E., hereinabove permanently vacated, discontinued and closed. ,320 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 $25.00 to each of the following named viewers who have acted in this matter in payment for their services, viz: Dewey H. Marshall, Harry W. Whiteside, and J. Tate McBroom; the Council, further does hereby 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 6th day of January, 1975. No. 21998. AN ORDINANCE authorizing and providing for execution of a supplemental agreement, identified as Supplement No. 2. to the City's lease agreement dated August 26, 1969, with the United States Government, Federal Aviation Administration~ Contract No. DOT FA69EA-5189, providing for the leasing of space in the Terminal Building at Roanoke Municipal Airport, in Roanoke County. WHEREAS, by Ordinance No. 18778, adopted July 7, 1969, the Council authorized the execution of a lease of certain floor space in the Terminal Building at the Roanoke Municipal Airport, Woodrum Field, to the Federal Aviation Administration, the floor space being therein described as on the 4th, 3rd and 2nd and basement floors of said building, approximately 1518 square feet of such space being on the 2nd floor thereof; and thereafter by Ordinance No. 21374, authorized execution of Supplement No. 1 to the aforesaid lease agreement; and WHEREAS, as the result of planned and negotiated changes, the Federal Aviation Administration has requested that the City consent, by a new supplemental agreement to be made to said lease, to an addition to floor space in said building heretofore occupied by said Administration under the provisions of the aforesaid lease so that the 3,995 square feet of space occupied by the Administration under said lease together with the 2980 square feet of floor space in the Flight Service Building occupied by the Administration under Contract No. DOT-FA70EA- 5186 provides to the Administration the 6975 square feet of rent free building space required to be made available by the City to the Administration under its grant agreement for Federal Airport Project No. 9-44-012-6111; all other of the terms and provisions of said lease to remain in effect; and WHEREAS, the City Manager has recommended that the Council consent to the aforesaid request. 321 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, on behalf of the City, a supplemental agreement made as Supplement No. 2 to Contract DOT- FA69EA-5189 dated August 26, 1969, between the City of Roanoke and the United States of America, Federal Aviation Administration, said supplemental agreement to amend said lease in the following respects and in these, only, viz: Effective October 1, 1974, Paragraph 1 of said lease is deleted and Supplement No. 1 thereto is cancelled and there is inserted in lieu thereof the following Paragraph 1: 1. The Lessor hereby leases to the Government the following described premises: Approximately 3,995 square feet of floor space located in the Terminal Building, Roanoke Municipal (Woodrum) Airport, Roanoke, Virginia as follows: Nomenclature Room No. Floor ATCT Cab CAB ATCT Equipment Room 34 ATCT Recorder Room 31 Rest Room 33 Hallway 30 Engine Generator Room B5 TRACON Room 22 Radar Equipment ~oo~ 20A TELCO Room B8 Hallway Rest Room 29-29A Chief, ATCT Office 26 ATCT Storage 28 Portion of New Radar Room 208-S Square feet 4th 256 3rd 373 3rd 298 3rd 32 3rd 59 Basement 124 2nd 318 2nd 1240 Basement 172 Basement 330 2nd 67 2nd 316 2nd 65 2nd 345 to be used for the Federal Aviation Administration's Airport Traffic Control Tower and associated office, equipment and storage space; all other terms and conditions of Lease No. DOT-FA69EA-5189 are hereby ratified and, except as hereinabove authorized to be amended, to remain in full force and effect. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 1975. No. 21999. AN ORDINANCE authorizing the City's execution of a certain agreement, being Amendment No. 1 to Contract No. DOT-FA69EA-5253, with Department of Transport Federal Aviation Administration, for furnishing to the Federal Aviation Administra- tion certain services in spaces in the Terminal Building at Roanoke Municipal Airport, Woodrum Field. ~tion, 322 WHEREAS, the United States of America and its agency, Federal Aviation Administration, together with the City of Roanoke desire to amend the agreement hereinafter referred to pursuant to which the City provides heat, janitorial service, water and sanitary facilities and air conditioning for certain spaces in certain buildings and locations at the Roanoke Municiapl Airport now leased by the City to the Government, for which the Government would pay the City the monthly sums hereinafter provided, retroactive to October 1, 1974; and the Government has tendered to the City a proposed amendment to said contract drawn on U. S. Standard Form 30, July 1966, General Services Administration, copies of which proposed agreement are on file in the office of the City Clerk; and WHEREAS, the City Manager has recommended that the amendment to said service contract be authorized to be executed on behalf of the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows, viz: 1. That the City Manager be, and he is hereby authorized and directed to execute, for and on behalf of the City, a certain written agreement between the City and the Department of Transportation, Federal Aviation Administration, drawn on U. S. 'Standard Form 30, July 1966, General Services Administration, as Amendment No. 1 to Contract DOT-FA69EA-5253, pursuant to which it would be agreed between the parties that effective October 1, 1974, Contract No. DOT- FA69EA-5253 be amended as follows, viz: a. Paragraph 1 - Monthly rate is changed from $675.61 to $795.67. b.Paragraph entitled "TERM" - Annual rate is changed from $8,107.32 to $9,548.05. c. Paragraph entitled "DESCRIPTION OF PREMISES" is changed to read as follows: DESCRIPTION OF PREMISES: The following premises are covered by this contract: Approximately 3995 square feet of floor space in the Terminal Building, Roanoke Municipal Airport, Roanoke Virginia, as follows: Nomenclature Room No. Floor ATCT Cab CAB ATCT Equipment Room 34 ATCT Recorder Room 31 Rest Room 33 Hallway 30 Engine Generator Room B5 TRACON Room 22 Radar Equipment Room 20A TELCO Room B8 Hallway Rest Room 29-29A Chief, ATCT Office 26 ATCT Storage 28 Portion of New Radar Room 208-S Square Feet 4th 256 3rd 373 3rd 298 3rd 32 3rd 59 Basement 124 2nd 318 2nd 1240 Basement 172 2nd 330 2nd 67 2nd 316 2nd 65 2nd 645. ATTEST: APPROVED 323 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 1975. No. 22000. AN ORDINANCE authorizing and providing for execution of a lease agreement between the City of Roanoke and the United States Government, Federal Aviation Administration as Lease No. DOT-FA75EA-7857, providing for the leasing of approximat 959 square feet of floor space in the Terminal Building at Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions. WHEREAS, the Federal Aviation Administration has requested that the City lease to said Administration certain floor space on the 2nd floor of the Terminal Building at Roanoke Municipal Airport, Woodrum Field, as said areas and the terms and provisions upon which the same would be leased are hereinafter set out; and WHEREAS, the City Manager has recommended that the Council consent to the aforesaid request. 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, on behalf of the City, a lease agreement made as Lease No. DOT-FA75EA-7857, on Standard Form 2, U. S. Government Lease for Real Property, leasing to the United States of America for the Federal Aviation Administration's occupancy and use Rooms 208-S, 24 and 27 on the second floor of the Terminal Building at Roanoke Municipal Airport, Woodrum Field, containing 959 square feet, more or less, for a term commencing October 1, 1974, through June 30, 1975, with option to the Government to renew from year to year thereafter but no longer than June 30, 1979, at an annual rental of $5,754.00 throughout the term of said lease, payable at the rate of $479.50 per month at the end of each month thereof and upon the following additional terms and provisions, viz: (a) That the Government may terminate the lease at any time on 30 day's notice in writing to the City; (b) That the City will furnish to the Government, as part of the rental consideration, heat, air conditioning, electricity, water and janitorial service and will provide, inStall and maintain venetian blinds at all exterior windows and will record, retape and replace the same as required; (c) That the City will accomplish interior painting and redecorating not less than once every 5 years of Government occupancy of the premises; and (d) That the government shall have the right to make alterations of the leased premises and to attach fixtures, additions, signs, etc., thereon 324 which shall be and remain the property of the Government and may be removed prior to termination of the lease. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 1975. No. 22001. AN ORDINANCE providing for the lease by the City of approximately 31,583 square feet of the ground floor space in the east portion of Victory Stadium to Opportunities Industrialization Center, Incorporated, upon certain terms, conditions and provisions. WHEREAS, pursuant to the terms and provisions of Ordinance No. 17313 and Resolution No. 19645 heretofore adopted, the Council authorized the lease by the City of approximately 20,000 square feet of ground floor space in the east portion of Victory Stadium to Total .Action Against Poverty in Roanoke Valley and Opportunities Industrialization Center for use in certain educational and job training programs conducted by the abovenamed corporate agencies, upon certain terms, conditions and provisions, more particularly set out and contained in a written lease drawn under date of January 1, 1971, the term of which said lease, as extended by Resolution No. 19645, aforesaid, will expire on December 31, 1974; and officials of that organization have advised the Council through the City Manager that they wish to continue utilization of the property together with 11,583 square feet of additional floor space under a new lease for a term of five years, commencing January 1, 1975, and the City Manager has recommended that a new lease for a term of five, (5), years of the premises desired to be occupied by said tenant be authorized by the Council, payment of rent to be waived by the City asits contribution towards payment of the cost of conducting the Lessee's economic opportunity programs in the City and in the Roanoke Valley area; in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, upon concurrence of Virginia Holding Corporation, et als, the City's donors of its Maher Field property, said City do lease unto Opportunities Industrializatic Center, Incorporated, to be used for the purposes of said agency as is to be provided in the lease agreement between said parties, approximately 31,583 square feet of the ground floor space in the east portion of Victory Stadium, in the City of Roanoke, including certain space above the lower floor for the operation 325 of heating and cooling equipment and as all such space is shown on Plan No. 5019, Sheet A-l, entitled "Headquarters and Vocational School for Opportunities Industrialization Center, Victory Stadium", dated November 21, 1966, a copy of which is on file in the office of the City Clerk, such lease to run for a term of five (5) years from the 1st day of January, 1975, unless sooner terminated under the provisions of said lease, and without payment of actual rent, (the rental value of said property to be considered and treated as a contribution of the City toward the payment of the cost of conducting the economic opportunity programs carried on by said agency in the City of Roanoke and the Roanoke Valley area), said lease to contain, amongst its other provisions, terms and conditions providing, in effect, the following: (a) That no alterations, remodeling, additions or major repair of the premises shall be made or undertaken by the Lessee unless any such alterations, additions, remodeling, repair and renovation of said premises or other property of the City shall have the prior written approval of the City Manager or his authorized designee on the plans and specifications of the same, any construction thereof to be under the general supervision of the City, and any contracts let and performance bonds taken for the purposes of such construction to be so drawn as to fully protect the City's interests as the owner of said premises; and, further, that all such improvements made to the premises by the Lessee during the terms of said lease shall, upon any termination of said lease be the sole property of the City; (b) That said lease agreement recognize the City's principal use of Victory Stadium and make adequate provision for coordinating the use, under said lease, of a part thereof with such other, principal uses of said public facility, said Lessee to have the responsibility of so using the leased premises as not to unduly or unreasonably conflict with other uses and authorized users of said Victory Stadium; (c) That said Lessee will provide all necessary and sufficient custodial and janitorial services for all spaces and areas occupied or used by said Lessee or its invitees, and will provide, at said Lessee's expense, all utility services deemed necessary by said Lessee for the use of said premises, (electricity used by said Lessee to be supplied through meters of the City and the City to be promptly paid therefor, and said Lessee to maintain for such purposes in the leased premises an electrical distribution and service system of sufficient capacity and for ample protection and overload balance so that Lessee's use of electric power will not cause interruption of any of the other uses of Victory Stadium by the City or by other authorized users of said Stadium); (d) That off-street vehicular parking in connection with the Lessee's use of the leased premises shall be confined and restricted to the general parking 326 area immediately west of the admission gates at the rear of the west portion of Victory Stadium and such use may be curtailed or temporarily or permanently prohibited by the City at such times as the same would, in the Council's or the City Manager's opinion, conflict with any of the principal uses of Victory Stadium and the Athletic Field including use of any such outside areas for public street purposes; and (e) That said lease shall not be assigned or transferred nor shall any portion of the leased premises be sublet by said Lessee without the Council's express consent; and that upon any termination of the Economic Activity Program planned to be conducted by the Lessee in the leased premises, said lease shall thereupon automatically be terminated, and the City shall be entitled to retake full possession of said premises and of the permanent improvements placed thereon by the Lessee, but all personal property, equipment and supplies not attached to Victory Stadium may be removed by the owners thereof within thirty,(30), days after such termination, provided, however, that said Economic Activity Program shall not be deemed to be terminated by the cessation, withdrawal or corporate termination of OppOrtunities Industrialization Center, Incorporated, so long as the same or similar activities are carried forward on said premises by any successor non-profit agency or corporation. BE IT FURTHER ORDAINED that the City Manager be and he is hereby au%horiz and directed to execute in triplicate the aforesaid lease on behalf of the City after the same shall have been executed by the abovenamed Lessee and the form thereof shall have been approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 1975. No. 22008. AN ORDINANCE to amend and reordain Section #539, "Nursing Home," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NURSING HOME #539 Salaries and Wages (1) ............... $266,995.00 Contractual Services (2) ............. $ 23,800.00 (1) Net decrease ---$3,750.00 (2) Net increase ............ $3,750.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 1975. No. 22009. A RESOLUTION authorizing the engagement of the services of a consultant Nursing Home Administrator on an interim basis on ana after January i0, i~75, upon certain terms and provisions. WHEREAS, the City Manager having advised the Council of the retirement of Miss Bernice F. Jones as the City's Director of Human Services, effective January 10, 1975, and, reporting the necessity that a full-time licensed administra- be in charge of the operation of the City's Nursing Home has recommended that the said Miss Bernice F. Jones be retained as a consultant Nursing Home Administrat4 on an interim basis following her retirement and until such time as a permanent administrator can be employed; and WHEREAS, funds sufficient for payment of the services herein authorized to be retained have been appropriated by the Council for the purpose. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and is authorized to retain the services of Miss Bernice F. Jones as consultant Nursing Home Administrator on an interim basis from and after January 10, 1975, she to be compensated on a per diem basis at the rate of $1250.00 per month during the time of such services. APPROVED ATTEST: City Clerk Mayor or r 327.' 32.8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 1975. No. 22010. AN ORDINANCE to amend and reordain certain sections of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTINGENCIES #898 Contingency Fund (1) ...................... $54,160.00 COUNCIL #101 Travel Expense and Education (2) .......... $21,000.00 (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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 1975. No. 22011. AN ORDINANCE to amend and reordain Section #345, "Police," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE #345 Court Attendance (1) ................. $28,700.00 (1) Net increase --$13,200.00 329 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 1975. No. 22013. A RESOLUTION initiating, on the Council of the City of Roanoke's own motion, the proposed change in the zoning district classification of certain property owned by the City, and setting the matter for public hearing. WHEREAS, in connection with the City's use and development of its Public Works Service Center, and land adjacent thereto, the City Engineer and the Planning Department of the City of Roanoke have recommended that the land ~ore partic'ularly and hereinafter described, be rezoned from IDM - Industrial Development District, to LM - Light Manufacturing District, and the Council desires to initiate such proposed change in district zoning classification pursuant to Section 67, of Chapter 4.1, of Title XV of the Code of the City of Roanoke, 1956, as amended, and to set the matter for public hearing. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth hereby initiate, on its own motion, the proposed change in the zoning district regulations so as to reclassify, from IDM - Industrial Development District, to LM - Light Manufacturing District, that certain parcel of land situate in and owned by the City of Roanoke, bounded on the west by Interstate Route No. 581, on the north by the centerline of a portion of Sycamore Avenue, N. E., on the east by property now or formally owned or under lease to Sears Roebuck and Com- pany, and on the south by portions of the north lines of Block 9, according to the Map of Lincoln Court and Block R, according to the Map of Williamson Groves, said parcel of land bearing Official Tax Nos. 3070316, 3070301 through 3070315, inclusive. BE IT FURTHER RESOLVED that this matter be set for public hearing at the meeting of Council to be held January 27, 1975, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers, Fourth Floor, in the Municipal Building. APPROVED ATTEST: City Clerk Mayor 330 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 1975. No. 22014. A RESOLUTION expressing appreciation to the Mayor of the City of Wonju, Republic of Korea, for recent gifts to the City of Roanoke. WHEREAS, there was presented to the Council of the City of Roanoke at its meeting held on December 30, 1974, two gifts of the Honorable Chung-Kee-Hoon, Mayor of the City of Wonju, Korea, made to the City of Roanoke, said gifts con- sisting of a mother-of-pearl inlaid lacquer ware and carved stone statue of Buddha; and WHEREAS, this Council appreciates the good will shown by the gifts as an expression of the continuing spirit of fellowship between the inhabitants of the Cities of Wonju and Roanoke, and intends to preserve these gifts in a manner whereby they may be viewed and enjoyed by the residents of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City accepts the valued gifts of the Honorable Chung-Kee-Hoon, Mayor of the City of Wonju, Korea, of a mother-of'pearl inlaid lacquer ware and a carved stone statue of Buddha; and does hereby formally extend to Mayor Chung and the residents of the City of Wonju this Council's expression of appreciation and gratitude for the handsome gifts made to this city. BE IT FURTHER RESOLVED that this Council request Mayor Chung to personal- ly express to Inkan Moo Wha Jae its thanks and admiration for the fine and detailed craftsmanship which he displayed in making the beautiful lacquer ware gift. BE IT FURTHER RESOLVED that the City Clerk do transmit by airmail to the Honorable Chung-Kee-Hoon attested copies of this resolution. APPROVED ATTEST: City Clerk Mayor 331 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of January, 1975. No. 21992. AN ORDINANCE to amend and reordain Section #896, "Transportation," of the 1974-75 Appropriation Ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #896, "Transportation," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSPORTATION # 896 Fees for Professional and Special Services (1) .......................... $3,000.00 A P P R OV.E D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, V~RG~NIA, The 13th day of January, 1975. No. 22012. AN ORDINANCE granting a certificate of public convenience and necessity to United Ambulance Service, Inc., for the operation of an ambulance service, pursuant to provisions of Chapter 4, Title XIX, of the Code of the City of Roanoke, 1956, as amended. WHEREAS, pursuant to provisions of Chapter 4, Title XIX, of the Code of the City of Roanoke, 1956, as amended, United Ambulance Service, Inc., has made application for a certificate of public convenience and necessity to operate an ambulance service in the City of Roanoke, and has supplied the City Clerk with a sworn application containing the requisite information pursuant to the provi- sions of such chapter; and WHEREAS, United Ambulance Service, Inc., has submitted evidence satis- factory to the City Manager and the City Council that it provided ambulance service and has continued to provide such service up to and including January 1, 1974, and is entitled to a certificate of public convenience and necessity pur- suant to Section 7, Chapter 4, Title XIX of the Code of the City of Roanoke, 1956, as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that a certificate of public convenience and necessity be and is hereby granted to United Ambulance Service, Inc., authorizing the aforesaid applicant to operate an h 332 ambulance service in the City at the places and in the manner set out in the application for said certificate, such operation to be in full accordance and compliance with the provisions of Chapter 4, Title XIX, of the Code of the City of Roanoke, 1956, as amended, relating to the operation of ambulance services, and with all other applicable laws and ordinances of the State and this City. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of January, 1975. No. 22015. A RESOLUTION urging continued support and funding by the Governor and by the General Assembly of the Science Museum of Virginia's program to provide a State Science Museum for the WeStern Division of the State. WHEREAS, through close cooperation of State and local authorities and interested citizens and with $25,000 in State funds and $55,000 provided from non-State sources in the Roanoke Valley area, and with commitment of the City of Roanoke to donate at no cost to the State an acceptable site for establishm~ of a State Science Museum for the Western Division of the State, a minimum staffing for the Western Division has been provided and planning for a Natural Science facility on said site has been undertaken, which planning will be completed through the preliminary drawings stage in 1975; and WHEREAS, this Council considers that local effort and funds have fully supported the State's program to establish a State Science Museum facility for the Western Division of the State and that it is of prime importance that employmen~ of staff personnel for the Western Division facility be continued and that continui~ of the planning and preparation of construction drawings for the facility should not be interrupted. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Governor of Virginia and the Members of the 1975 General Assembly of Virginia are hereby most strongly petitioned and urged to allow uninterrupted continuance of the program of the State Science Museum of Virginia to provide a facility for the Western Division of the State, and to provide for that purpose, by appropril for Fiscal 1975-1976, not less than $39,882 of operating funds and $91,536 of capital funds for the Western Division facility of the State Science Museum. nt tion 333 BE IT FURTHER RESOLVED that attested copies of this resolution be transmitted by the City Clerk to Governor Mills E. Godwin, to the presiding officers of the Senate and of the House of Delegates, and to each of the City of Roanoke's and of the City of Salem's and the County of Roanoke's representatives in the General Assembly. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of January, 1975. No. 22016. AN ORDINANCE reestablishing a central absentee voter election district in the Courthouse Building in tke City of Roanoke, as provided in Sec. 69, Ckapter 2, Precincts and voting places, of Title IV. Elections of the Code of the City of Roanoke, and providing for certain notification to be given; and providing for an emergency. WHEREAS, the Electoral Board for the City of Roanoke has recommended that the Council again implement provisions contained in ~24.1-233.1 of the Code of Virginia, as amended by Chaper 428 of the 1974 Acts of Assembly, permitting of the annual establishment of a certain absentee voter election district in the court-house 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 Courthouse 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 ~24.1-233.1 of the Code of Virginia as amended by Chapter 428 of the 1974 Acts of Assembly of Virginia, and as heretofore been provided by Sec. 69. Central Absentee Voter Election Distric~ Chapter 2. Precincts and voting 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 authoriz~ and directed to provide to the Electoral Board on the first floor of the Courthouse d 334 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 ROA~NOKE, VIRGINIA, The 13th day of Jan'~ary, 1975. No. 22018. AN ORDINANCE to amend and reordain Section #891, "Non - Departmental," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #891, "Non - Departmental," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON - DEPARTMENTAL # 891 Refund Accounts Miscellaneous (1) ....... $60,990.59 (1) Net increase $990.59 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 13th day of January, 1975. No. 22019. AN ORDINANCE to amend and reordain Section #537, "Public Assistance," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #537, "Public Assistance," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE #537 Refunds and Rebates (1) ............... $3,168.00 (1) Net increase .............. $546.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of January, 1975. No. 22020. A RESOLUTION initiating the permanent closing and vacating of certain airspace above a portion of the southerly four feet eight inches of an alley extending in a westerly direction from Second Street, S. W., between Church Avenue, S. W. in Block 12 as shown on Sheet No. 1 S.W. Section of the Official Survey and Map of the City of Roanoke, to another alley running in a north-south direction through said Block; appointing viewers to view said alley, and referring the proposal to the City Planning Commission for consideration and recommendation; and providing for a public hearing on said proposal. WHEREAS, space requirements and plans designed for the City's new public parking garage to be constructed on a site already acquired therefor by the City indicate the necessity that the proposed new structure be cantilevered so as to extend four feet eight inches over the property line and into the airspace over a portion of the southerly half of the alley hereinafter described, 336 and the Council is advised of the desirability of vacating and closing to the general public the airspace over said alley which is to be occupied by said new structure. 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 and vacate as a public alley, in the City of Roanoke, the following: The airspace starting at and extending above fourteen feet six inches over the existing surface of that southerly four feet eight inch portion of the public alley running in an east- west direction through Block 12 as shown on Sheet No. 1. S.W. Section of the Official Sur- vey and Map of the City of Roanoke and extending from a line in said alley seventeen feet four inches westerly from and parallel to the west line of 1st Street, S. W., in a westerly direction above said alley two hundred fifty-four feet, as said portion of said alley is shown on "Plot Plan Showing Projection of Parking Garage over Alley and Encroachment of Foundations into Streets and Alleys" prepared by Frantz & Chappelear, Architects, dated January 10, 1975. BE IT FURTHER RESOLVED that pursuant to the provisions of law for such cases made and provided, Messrs. Dewey H. Marshall, ~arry Whiteside, Jr., ~. Dale Poe, R. R. Quick and C. F. Kefauver, any three of more of whom may act, are hereby appointed viewers in accordance with the aforesaid statute, to view said alley and report in writing to this Council whether, in their opinion any, and if any, what inconvenience would result from permanently closing and vacating the abovedescribed airspace over the same; and BE IT FURTHER RESOLVED that the within proposal be referred to the City Planning Commission for consideration and report back to the Council at or before the public hearing on the proposal herein scheduled. BE IT FINALLY RESOLVED that a public hearing on the question of vacating the airspace over said alley be held before the Council at its regular meeting on the 10th day of February, 1975, at 2:00 o'clock p.m., or as soon thereafter as the same may be heard, and that 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. ATTEST: APPROVED City Clerk , Mayor '337 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of January, 1975. No. 22022. AN ORDINANCE accepting the proposal of Thor, Incorporated, for the replacement of the retaining wall in the Lick Run Channel on Norfolk Avenue, S. E., and certain related work; authorizing the proper City officials to execute the requisite contract; rejecting certain other bids made to the City; and providin¢ for an emergency. WHEREAS, at the meeting of Council held on December 16, 1974, and after due and proper advertisement had been made therefor, bids for replacement of a retaining wall approximately 125 feet in length in the Lick Run Channel on Norfolk Avenue, S. E., and certain related work 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 recon%mendation on said bids, from which it appears to the Council that the proposal of Thor, Incorporated, represents the lowest and best bid made to the City for the perfor~.ance 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 Thor, Incorporated, for the replacement of a retaining wall approximately 125 feet in length in the Lick Run Channel on Norfolk Avenue, S. E., and certain related work as described in the City's plans and specifications for said work and in said bidder's proposal for a lump sum of $12,499.00, cash, upon satisfactory completion of said work, be and said proposal is hereby ACCEPTED; and (2) That the City Manager and the City Clerk be and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with 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 appropriated by the Council for the purpose; and 338 (3) That the other ten, (10), bids made to the City for performing said work be REJECTED, the City Clerk to so notify said other bidders and to express the City's appreciation of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of January, 1975. No. 22023. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements Fund," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WhErEAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriatior Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND 9889 Washington Park (1) .................... $ -0- Garden City Toilet (2) ................. $ 68.44 .Staunton Avenue Toilet (3) ............. $ -0- Breckinridge Avenue Toilet (4) ......... $ -0- Parks Impact Grant (5) ................. $283,661.56 (1) Net decrease ..... (2) Net decrease (3) Net decrease (4) Net decrease (5) Net increase ....... $ 68.00 $1,300.00 $1,078.92 $1,325.64 $3,772.56 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 339 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of January, 1975. No. 22024. AN ORDINANCE accepting the bid of Thomas Brothers, Incorporated, for the construction of certain improvements to Loudon Park, Kennedy Park and Washingtor 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 December 16, 1974, and after due and proper advertisement had been made therefor, six (6) bids for the construction of certain improvements to Loudon Park, Kennedy Park and Washingtor 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 Thomas Brotkers, Incorporated, after electing to deduct Alternate 1 and Alternate 2 as proposed in the City's specifications, represents the lowest and best bid meeting all specifications made to the City for the performance of said work under the alternates recommended to be deducted by the committee, which alternates provide respectively for eliminating lighting for a basketball court in Loudon Park and eliminating construction of a bathhouse complete with concrete foundation, fencing and plumbing in Washington Park, 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, after deducting Alternate 1 and Alternate 2 of Thomas Brothers, Incorporated, to construct certain improvements to Loudon Park, Kennedy Park and Washington Park, as described in the City's plans and specifications and in said bidder's proposal for a lump sum of $269,575.06, cash, upon satisfactory completion of said work, be and said proposal is hereby ACCEPTED, subject to approval of the Economic Development Administration; 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 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 340 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 13th day of January, 1975. No. 22026. A RESOLUTION relating to Miss Bernice F. Jones, former Director of Human Services of the City of Roanoke. WHEREAS, Miss Bernice F. Jones, completing her thirty-seventh year as an employee and official of the Department of Public Welfare of the City of Roanoke has recently tendered to the City her notice of'retirement as the Director of Human Services of said City, having in those years, served, successivel, as Social Worker, Casework Supervisor, Acting Superintendent and Superintendent, Acting Director and Director of Public Welfare and, most recently, Director of Human Services of said City; and WHEREAS, during her tenure as Director of Human Services, as thereto,ore, this native of Roanoke has exhibited outstanding ability and sense of personal devotion to the cause of public assistance in the city, developing, with the City, State and Federal Governments, innumerable new programs for the betterment of less fortunate persons; and WHEREAS, in matters of joint interest with this Council, Miss Jones has conscientiously and harmoniously, but with strong sense of dedication and devotion, represented and espoused the cause of public assistance in the city. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth publicly commend Miss Bernice F. Jones for her years of service in the City Administration of which, upon her recent retirement, she was the Director of Human Services; and this coUncil extends to her its warmest sense of appreciation, and that of the citizens of the city, for the exemplary service she has rendered the City and its said citizens. 3'41 BE IT FURTHER ~SOLVED that the City Clerk to transmit to Miss Jones an attested copy of this resolution on behalf of the Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of January, 1975. No. 22027. AN ORDINANCE to amend and reordain Section #347, "Fire Department," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 Department," of the 1974-75 Appropriation Ordinance, De, and the same is hereby, amend, e~ an~. reordained to read as follows, in part: FIRE DEPARTMENT #347 Salaries and Wages (1) ...................... $2,310,264.00 (1) Net decrease $583,881.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of January, 1975. No. 22028. AN ORDINANCE to amend and reordain certain sections of the 1974- 75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 342 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Certain sections of the 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: REVENUE SHARING TRUST (1) -0- FIRE DEPARTMENT #347 Salaries and Wages (2) .................... $2,894,145.00 (1) Net decrease $583,881.00 (2) Net increase $583,881.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Tke 13tk day of January, 1975. No. 22029. A RESOLUTION initiating and providing for the permanent closing, vacating, discontinuing and abandonment of a certain portion of present Second Street, S. E., extending in a northerly direction from the northerly line of Tazewell Avenue, S. E., and situate adjacent to the westerly line of Official No. 4013802, hereinafter described; referring the matter to the Planning Commission of the City of Roanoke for study, report and recommendation; and appointing viewers to view said street. WHEREAS, it has come to the attention of the Council through the City Engineer that a portion of present Second Street, S. E., hereinafter described, will in the near future no longer be needed for use as a public street or thoroughfare, Second Street, S. E., being in the process of being relocated in connection with the Downtown East Urban Renewal Project, and that, accordingly, a portion of present Second Street, S. E., should be permanently vacated, closed, discontinued and abandoned; and WHEREAS, it is this Council's desire to initiate on its own motion and pursuant to Sec. 15.1-364 of the 1950 Code of Virginia, as amended, proceedings to permanently vacate, discontinue and abandon said portion of said street 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, the following: 343 That certain portion of Second Street, S. E., approximately 60 feet in width, more particularly described as follows, to-wit: BEGINNING at a point on the present west line of Second Street, S. E., said point being N. 2 deg. 08' 02" E. 36.49 feet from the intersection of said present west line of Second Street, S. E., and the north line of Tazewell Avenue, S. E.; thence, with the said west line of Second Street, S. E., N. 2 deg. 08' 02" E. 130.87 feet to a point; thence, with a line crossing said Second Street, S. E., N. 22 deg. 26' 53" E. 172.83 feet to a point on the present east line of Second Street, S. E.; thence, with said east line of Second Street, S. E., S. 2 deg. 08' 01" W. 279.07 feet to a point on the present northeast corner of Tazewell Avenue and Second Street, S. E.; thence, with a line crossing present Second Street, S. E., S. 73 deg. 49' 38" W. 40.84 feet to a point; thence, along a curved line to the right, having a radius of 40.00 feet, an arc length of 21.51 feet to the point of BEGINNING and containing 12,300 square feet,more or less, and shown in detail on that certain sketch entitled "Map Showing a Portion of Second Street, S. E., to be Closed", prepared by and on file in the Office of the City Engineer. BE IT FURTHER RESOLVED that pursuant to the provisions of the law for such cases made and provided, Messrs. James L. Trinkle, Harold W. Harris, Jr., Lester K. Stover, Jr., William P. Wallace, and J. Tate McBroom, 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. BE IT FINALLY RESOLVED that the matter be and is hereby referred to the Planning Commission of the City of Roanoke for study, report and recommendation to the Council. ATTEST: APPROVED City Clerk Mayor 3'44 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1975. No. 22017. AN ORDINANCE amending Sec. 23, of Chapter 7. Sewers and Sewage Disposal, Title XVII, Streets, Sidewalks and Sewers, of the Code of the City of Roanoke, 1956, as amended, prohibiting bulk discharge of sewage wastes from septic tank cleaning trucks or similar vehicles except at designated locations at the sewage treatment plant; providing certain charges to be paid upon such bulk delivery of such materials; and providing for certain penalties. WHEREAS, the City Manager by written report to the Council dated January 13, 1975, has recommended that change be made in the charge levied for the bulk delivery of the loads of septic tank cleaning trucks and similar vehicles into the Sewage Treatment Plant, which charge is recommended to be as hereinafter provided, in order to reasonably defray the cost to the City of providing such service, in which report and recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 23 of Chapter 7. Sewers and Sewage Disposal, Title XVII', Streets.r, Sidewalks and Sewers , of the Code of the City of Roanoke, 1956, as amended, be amended to read and provide as follows: Sec. 23. Sewage from septic tank cleaning trucks and similar vehicles; charges; penalties.. (a) No owner or operator of a septic tank clean- ing truck or other similar vehicle shall discharge the contents thereof into the City's sanitary sewer system at any location, public or private, other than at the location or locations at the City's Sewage Treatment Plant approved by said plant manager. The manager of the sewage treatment plant, or any person designated by him, shall inspect each truck load to be discharged into said system and shall have the right to reject any such truck load which, in his opinion, contains any materials which could have an adverse effect on the operation of the sewage treatment plant. Said manager shall cause a list of such objectionable materials to be posted and made available to any inter- ested person; however, he shall have the right to reject truck loads containing other materials if, in his opinion, such materials could have an adverse effect on the operation of the sewage treatment plant. (b) The owner or operator of every septic tank cleaning truck or similar vehicle delivering the contents thereof at the City's Sewage Treatment Plant for treatment shall pay to the City for such service a charge equal to fifty cents per each one hundred gallons, or fraction thereof, in each such load, payable upon such delivery; provided, however, that persons and firms regularly engaged in such business and making regular delivery of such loads may, upon application and upon establishment to the satisfaction of the manager of the Sewage Treatment Plant of record of good credit and prompt payment of obligations, make payment of all such charges upon. monthly basis within ten days after mailing by said manager of bill for ATTEST: City Clerk (c) charges incurred during each preceding month; otherwise, no such vehicle whose load shall have been accepted for treatment shall be permitted to leave the premises of the Sewage Treatment Plant until such charge shall have been paid. Any person violating the provisions of para- graph (a) of this section shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. APPROVED MayOr IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1975. No. 22021. AN ORDINANCE permitting the construction of certain underground footings for the new public parking garage building to be erected on the north side of Church Avenue, S. W., between 1st and 2nd Streets and the two alleys in said block to encroach not more than 5.0 feet over the property lines on all four sides of the building site and into the abutting streets and alleys, upon certain terms and conditions. WHEREAS, the Council is advised that in order to excavate and install .proper exterior foundations for the City's new public parking garage it is proposed to construct certain underground footings which would extend beyond the property line on the four sides of the structure; and WHEREAS, the Council is advised that the City Manager and the City Attorney, conferring with the Building Commissioner and with the City's architects, have recommended that the proposal be approved upon the conditions hereinafter contained; and WHEREAS, pursuant to the authority vested in local governing bodies by SS15.1-376 of the 1950 Code of Virginia, as amended, this Council is agreeable to the proposal and is willing to permit the aforesaid encroachments over the public streets' and alleys' rights-of-way herein described, 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 given to permit the construction and maintenance as underground encroachments into the public rights-of-way of 1st Street, S. W., Church Avenue, S. W., and the two (2) public alleys shown to be within Block 12 as shown on Sheet No. 1 Southwest Section of the Official Survey and Map of the City of Roanoke, reinforced concrete footings as shown on a certain "Plot 3'45 346 Plan Showing Projection of Parking Garage over Alley and Encroachment of Foundation~ into Streets and Alleys" prepared under date of January 10, 1975, by Frantz & Chappelear, Architects, a copy of which said plan is on file in the office of the City Clerk, the top of no footings to be less than four, (4), feet below pavement grade level at the property lines and no such footing to encroach more than 5.0 feet beyond the property line of the site of said new structure and into the abutting street or alley, as the case may be, under a building permit issued therefor by the Building Commissioner of the City of Roanoke in accordance with such of the City's building regulations and requirements as are applicable thereto. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until such time as, upon application by the City Manager, a written permit shall have been issued by the City's Building Commissione~ for the construction of the encroachments herein authorized to be made. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1975. No. 22025. AN ORDINANCE granting to Roanoke Valley Cablevision, Inc., the right, for the term and upon the conditions herein stated, to use the streets, alleys and public ways to erect, construct, operate and maintain a community antenna television (hereinafter called cable television or CATV) system and to construct, install and maintain poles, wires, conduits, and appurtenances necessary to the sale and distribution of CATV services' in and along the streets, alleys and other public ways in the City of Roanoke, Virginia; establishing conditions controlling the exercise of said franchise and the sale and distribution of CATV services; and regulating the manner of using the streets, alleys and public ways. WHEREAS, a proposed ordinance entitled "AN ORDINANCE granting to , the right, for the term and upon the conditions herein stated, to use the streets, alleys and public ways to erect, construct, operate and maintain a community antenna television (hereinafter called cable television or CATV) system and to construct, install and maintain poles, wires, conduits, and appurtenances necessary to the sale and distribution of CATV services in and along the streets, alleys and other public ways in the City of Roanoke, Virginia; establishing conditions controlling the exercise of said franchise and the sale and distribution of CATV services; and regulating the manner of using the streets, alleys and public ways." was ordered to be advertised by the Council of the City of Roanoke, its term having been duly approved by the Mayor of said City; and WHEREAS, the ordinance proposing to grant the franchise was published once a week for four successive weeks in The Roanoke World-News, a newspaper published in the City of Roanoke and having general circulation in said City of Roanoke, which said advertisement invited bids for the franchise proposed to be granted in said ordinance, said bids to be in writing and delivered upon the day and hour named in said advertisement to the presiding officer of the Council, in open session; and WHEREAS, at the session of said Council to receive said bids, the presiding officer caused to be read aloud the three (3), and only three bids received for award of the franchise and, thereafter, made inquiry if any further bids were to be offered; and WHEREAS, there being no further bids offered, the presiding officer thereupon declared the bidding closed; and WHEREAS,'the said proposed ordinance and said bids were referred by the Council to a committee which, later, and after public hearing held with all said bidders, reported in writing in favor of accepting the bid of Roanoke Valley Cablevision, Inc., and adopting said ordinance, with insertion therein of the name of the accepted bidder, that bid being the best bid made for the franchise. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: Section 1. Definitions. As used herein, the following words and phrases shall have the following meanings, unless a contrary intent appears from the context of the provision wherein used: a. b. Virginia. c. d. "City" or "the city" means the City of Roanoke, Virginia. "Council" or "the Council" means the Council of the City of Roanoke, "Grantee" or "the grantee" means Roanoke Valley Cablevision, Inc. "Street" or "the streets" means the streets, alleys, avenues, highwa and/or other public ways owned by or subject to the control of the City of Roanoke. e. "In the streets" shall be construed and understood to include "under, along or over the streets", when the physical situation so applies. f. The term "service" is used in this ordinance in its broadest and most inclusive sense and includes not only the uses and benefits afforded subscribe but also any product or commodity furnished by the Grantee and equipment, appa- ratus, appliances and facilities devoted to the purposes in which the Grantee is engaged and to the use and accomodation of the public. S, 347 348 g. "Director of Public Works" means the Director of Public Works of the City of Roanoke or such other officer or official of the city government, or other person, charged by the city charter or city council with responsibility and authority over the maintenance of public streets and public property in the city, regardless of the title then assigned such person. h. "Community antenna television (or cable television or CATV) system" shall mean any facility which is operated to perform for hire, either in whole or in part, the service of receiving, amplifying, modifying or originating televisi radio or other electrical signals for the purpose of transmitting or distributing such signals by wire, cable or other means to subscribing members of the public, except that such definition shall not include (1) any system which serves fewer than fifty subscribers, or (2) any system which serves only the residents of one or more contiguous apartment dwellings under common ownership, control or management, and commercial establishments located on the premises of such dwellings as such system is defined by the FCC. i. "Federal Communications Commission" or "FCC" shall mean that agency of the Federal government which has jurisdiction over the regulation of CATV systems. j. "Gross Subscriber ~evenues" shall mean the Grantee's annua~ gross revenues derived from cable television operations in the City or as this term may subsequently be defined by the FCC. k. "Subscriber" shall mean any person or entity receiving for any purpose the cable television service of the Grantee herein. 1. "Application" shall mean the proposal and application of the Grantee for the rights granted hereunder filed with the City. m. "Basic Service" shall mean the simultaneous delivery by the company to television receivers (or any other suitable type of audio-video communication receivers), of all subscribers and to all locations in the City, of all signals of over-the-air television broadcasts required to be carried on the Roanoke cable television system by the FCC; the Company Channel(s); the Government Channell except those which may be designated for special purposes by the Council or its authorized representative; the Educational Channel(s); the Public Access Channel(s) those Leased Channels for which the lessee intends distribution of his programming to all subscribers; and any additional services at the option of the Company; however, pay or subscription television as defined by the FCC, shall not be conside part of the basic service. n. "Government Access Channel" shall mean the channel or channels which shall be maintained for use by the City of Roanoke and other Roanoke Valley government agencies, as may be defined from time to time by the Council. o. "Educational Channel" shall mean the channel or channels which are exclusively allocated for the carriage of educational programs under the direction of the Roanoke Valley Cable Television Committee of Education Interests. ~ed p. "Public Access Channel" shall mean the channel or channels which are exclusively allocated for dedicated, non-commercial, and non-discriminatory use by the public on a first-come, first-served basis. q. "Lease Channel" shall mean the channel or channels which are reserved for carriage of program material provided by persons who lease channel time and if necessary, studio facilities and/or equipment from the Grantee for the presentat~ of programs. r. "Street Mile" shall mean one linear mile measured over consecutive streets within the city limits. s. "Housing Unit" shall mean any house or apartment which is occupied or intended for occupancy as permanent living quarters. t. "Roanoke Valley" or "Valley" shall mean the total area within the corporate limits of the City of Roanoke, Roanoke County, and the Town of Vinton. u. "Roanoke Valley Cable Television Committee of Education Interests" or "CEI" shall mean that committee which is responsible for the review of programmi time allocations and other aspects of the operation of the educational channel(s) as defined under Section 26. Section 2. Grant of Autkority. Subject to the provisions, conditions and restrictions set forth in this ordinance or herein referre~ to, there is hereby granted to Roanoke Valley Cablevision, Inc., Grantee, for a period of fifteen (15) years, commencing upon such date as the Grantee shall have obtained from the Federal Communications Commission a license or permit to construct and operate a CATV system in the City, provided such license or permit be obtained by the Grantee within twenty- four (24) months next following the final passage of this ordinance, the right to use the streets of the City to operate and maintain a CATV system within the limits of the City and, for these purposes, to construct, erect, maintain and use, its poles, towers, wires, conduits, cables, subways and appliances, including necessary manholes, in, under, across, over and along the streets within the corporate limits of the City as said corporate limits now exist or may hereafter be extended or altered. Upon the expiration of the term for which this franchise is granted, the City may renew the franchise for an additional fifteen year term provided that the Grantee shall be deemed by the City Council to have rendered satisfactory service under this franchise and provided, further, that the City Council has complied with the provisions of Article 2. Chapter 9, Title 15.1 of the 1950 Code of Virginia, as amended, and shall find; after due advertisement and public hearing affording all persons an opportunity to be heard on the matter, that such renewal would be in the public interest. Upon the expiration of the term for which this franchise is granted, or upon expiration of any renewal or extension of the original term hereof, or upon termination for cause as provided for herein, the Grantee shall, at its on .g, 349 35 0 own expense, remove all wires, cables, amplifiers, towers, poles and other parts of its CATV system from all streets, public and private ways within the City and, should the Grantee refuse or fail to fully comply with this provision, the City shall have the right to have such CATV system or parts thereof removed at a cost to be borne by the Grantee and the City shall not be liable to the Grantee for any damages resulting therefrom. Section 3. Territorial Area Involved. The franchise relates to the present territorial limits of the City and to any area henceforth added to the territorial limits of the City during the term of this franchise. Section 4. Construction and System Extension. Within thirty (30) days of the effective date of the ordinance granting this franchise, the Grantee shall diligently commence all efforts to obtain all necesary certificates, licenses, permits and agreements which are required to construct and operate a CATV system in the City. Within ninety (90) days of receipt of such certificates, licenses, permits and agreements, the Grantee shall commence construction of the CATV system. Thereafter, construction shall proceed at such rate so as to make service available at tke earliest possible time to all members of the public desirin~ s~c~ services. a. The Grantee shall construct and make operational the CATV system in accordance with the following schedule, as submitted by the Grantee in his bid for award of a franchise and which is made part of this franchise. 1. Within twelve (12) months following commencement of construction the Grantee shall have constructed and made operational within the City, a CATV system of at least 94 street miles in length, such system to make service available to at least 10,050 housing units. 2. Within twenty-four (24) months following commencement of constru the Grantee shall have constructed and made operational within the City, a CATV system of at least 205 street miles in length, such system to make service available to at least 21,775 housing units. 3. Within thirty-six (36) months following commencement of constru the Grantee shall have completed all construction of its CATV system within the City and shall have made the system fully operational over at least 316 street miles in length and available to at least 33,500 housing units within the City. For each day of delay of this construction schedule the Grantee shall be obligated to the City in liquidated damages in the amount of $250.00 per day. However, the Grantee shall not be responsible for any failure to meet all or any part of the construction schedule deadlines under this agreement due to federal, state, or municipal action, statute, ordinance, or regulation, strike or other labor trouble, act of God, riot or other civil disturbance, inability to secure materials or supplies, or, without limiting the foregoing, by any other Ition, :tion, cause, contingency, or circumstance not subject to its control which prevents or hinders the construction of the CATV system described herein. If construction is delayed or prevented by any of the circumstances set forth hereinabove, the Grantee shall be absolved from liability upon a sufficient showing of the same. Upon a finding by the City after an appropriate public proceeding affording due process of law, that the Grantee is more than six calendar months behind constructi¢ schedule due to causes or circumstances which are within the Grantee's control, the City shall be entitled to revoke the franchise. The Grantee shall notify the City in writing not less than fifteen (15) days prior to commencement of construction of the date upon which construction will commence. Thereafter, the Grantee shall file tri-monthly reports with the Council, within thirty (30) days after the end of each three months period followin, commencement of construction, informing the Council of the Grantee's construction progress in the City. Such reports shall state the number of miles of system which have been constructed and made operational in the City during the preceding quarter, the total number of subscribers connected to the system at the end of said preceding quarter, the number of miles to be constructed and made operation during the current quarter and any delays which the Grantee is aware of which could prevent the completion of the system within the allotted period. b. System extension: Thereafter, the Grantee shall extend the CATV system and make service available to all new dwelling units within the city limits within six (6) months of the date on which such dwelling units may become occupied; provided however, that the Grantee may seek relief of the City Council from this requirement upon a showing that a specific extension would not be economically or technically feasible. Section 5. Service Standards and Capacity. The Grantee agrees to provide and maintain, at all times, its entire plant, system and equipment, including customer equipment, in such condition that it will furnish, safe, adequate, efficient and continuous CATV service to and for the citizens of and customers in the City. The Grantee shall ensure that the CATV system as constructed meets or exceeds those standards described within Subpart K of Part 76 of the FCC's Rules and Regulations including those sections pertaining to performance tests, technical standards, measurements, and interference. Any modification or amendment of such rules as may take place from time to time and during the duration of this ordinance shall be incorporated herein by reference. The system, as installed, shall: a. Be capable of transmitting at least twenty (20) channels, passing the entire VHF and FM spectrum, and it shall have the further capability of con- verting UHF for distribution to subscribers. 351 35-2 FCC Rules. b. Be capable of transmitting Class I channels as defined by the c. Be capable of passing standard color TV signals without the introductJ of material degradation of color fidelity and intelligence. d. Be capable of transmitting Class II channels (as defined by the FCC), with the same quality as Class I channels. e. Provide for experimentation with respect to Class IV channels (as defined by the FCC), and shall implement such new services as may be deemed technically and economically feasible at the earliest possible time. Except as may be otherwise provided for herein, the cable television system electronic equipment, studios and the construction of the cable television distribution system shall conform in all respects with the standards and specificat: set forth in the application of the Grantee for the rights granted under this ordinance, said application being on file with the City. Section 6. Interconnection. a. In accepting this franchise, the Grantee acknowledges and accepts the requirement wherein the Grantee will fully interconnect the CATV system constru~ and operated within the City with the syste~n to be constructed and operated in Roanoke County and the Town of Vinton. Such interconnection is to be achievea so as to provide identical service to all subscribers, irrespective of their location within the City, County or Town, under identical terms and conditions and charges, unless such requirement is specifically waived by the respective governing bodies of the City, County and Town. However, it is understood that programs which would be of interest only to the residents of one of the communities need not be distributed to the other communities. b. It is further agreed that the Grantee's system shall be capable of interconnection with other CATV systems throughout the Commonwealth of Virginia for the purpose of developing a statewide general educational telecommunications network or networks; provided, however, that the Grantee shall not be required to pay the cost of interconnecting its CATV system for this purpose, with systems in other political subdivisions. Section 7. Construction Standards. The City may require that construction plans be approved in advance by the Director of Public Works. In addition, all construction shall meet or exceed the minimum standards set forth in the following paragraphs: a. All electrical wiring shall comply with the electrical safety code in effect from time to time in the City of Roanoke. b. All towers shall be constructed to comply with the Electronic Industries Association RS-222-A and the Federal Aviation Administration's (hereinaf~ FAA) Regulations 14 C.F.R.77.1. All towers shall be lighted and marked according to FAA Regulations 47 C.F.R.77.1. In addition, antennas shall be able to withstand without encountering physical damage, wind and ice loading equivalent to that specified in RS-222-A. on )ns :ed c. Ail working conditions, practices and equipment shall comply with those standards set forth by the Occupational Safety and Health'Administration and with all city construction ordinances. d. All underground plant which is required to pass in or under paved portions of public rights-of-way including, but not limited to, easements, alleys, sidewalks, and streets, shall be housed in conduit of not less than two (2) inches in diameter. All underground cable installed in conduits or ducts shall be of the polyethylene jacketed type or an equivalent direct burial type. Conduit is not required for house drops; a direct burial type of house drop cable shall be used in these applications. e. All electronic equipment, cable plant, and cable connections and splices shall be protected from damage, degradation or outages caused by corrosion or normal weather conditions and shall be readily accessible for repairs or inspectJ Section 8. Use of Streets. a. General Control and Location of Lines and Conduit. The Grantee, in any opening it shall make in the streets in the City, shall be subject to the provisions of this franchise and to all applicable ordinances and regulations. In constructing its CATV system, the Grantee shall utilize existing poles, conduits, and other wireholding facilities to the extent possible, and shall not construct or install any additional poles, conduits or other wireholding facilities without first obtaining written permission to do so from the Director of Public Works. All poles erected by the Grantee shall be neat and symmetrical and shall be so located as to in no way interfere with the safety or convenience of persons traveling on or over the streets and public places. The City reserves the right by resolution of the City Council or otherwise through proper representat~ of the City to further or specifically designate the locations of any poles, towers, lines, cable or conduit, with reference to other municipal facilities such as sewer and water mains, signal poles and lines, drainage facilities, and other services, or to other facilities such as gas lines, public electric utilities and railway message, signal or power lines in such a manner as to promote the public safety and to protect public property. Failure by the City to so designate shall not relieve the Grantee of responsibility in matters of public safety as hereinbefore specified. The Grantee shall construct and locate poles, lines and conduit so as not to interfere with the construction, location and maintenance of sewer or water service lines or mains. Any designation of location required or authorized herein shall be accomplished by the City so as not to unnecessarily delay the Grantee in any of its operations. The City may restrict the location of service lines, appurtenances or facilities of the Grantee from parkways or parkway drives wherein such would conflict with appearance standards or may require~ as an alternate thereto, the construction wholly or in part of underground conduit, appurtenances or facilities. DR. 'es 353 354 b. Restricted Overhead Area. Within that section or area of the City designated as the City's Fire Limits Zone No. 1 and bounded as set out in Sec. 13, Chapter 1, Title XV of the Code of the City of Roanoke, 1956, as from time to time hereafter amended, all of the Grantee's cable lines and cable facilities shall be constructed and maintained underground, provided, however, that where poles and overhead lines and cables exist in the aforesaid section or areas at the time of the award of this franchise, Grantee shall be allowed to construct and maintain overhead facilities in such areas but, provided further, should any or all of such existing overhead facilities in said Fire Limits be relocated, replaced or reconstructed underground, Grantee's facilities will also be so relocat Furthermore, the City expressly reserves the right and authority, in the reasonable exercise of its police power at any future date, to order and require the Grantee, at the Grantee's expense, to remove from the streets, alleys, highways, or other public places of the said City, or any part thereof, its poles, wires, cables and other appurtenances, and to place such wires, cables, and other appurtenances underground in safe and suitable conduits. c. Disturbance of Streets - Restoration. 1. Written permits, in any or all cases, shall be obtained by the Grantee from the Director of Public Works of the City before and whenever it becomes necessary for the Grantee to excavate in the streets of the City in order to install, construct, extend or repair any of the CATV lines, poles, towers or conduit or services therein or thereon. Such permits shall be applicable to any or all types of excavations, in the public streets, ways and places of the City. Such permits, further, shall state the particular part or point of the streets where said construction or excavation is to be made and the length of time in which such permit shall authorize such work to be done. Exception to requirement for prior permit shall be permitted in cases of emergencies involvin. public safety, however, application for such permit shall be made by Grantee as soon as reasonably possible following such opening or excavation. 2. Immediately after poles, towers, conduits, cables, lines or manholes are installed or repaired by the Grantee, the incidental trenches or excavations shall be refilled by the Grantee in a manner acceptable to the Director of Public Works. Pavement, sidewalks, curbs, gutters or other portions of streets or public places destroyed, disturbed or damaged by such work shall be promptly restored and replaced with like materials to their former condition by the Grantee at its own expense; however, where it is necessary, and if permitted, in order to achieve former condition, the Grantee may or shall use material whose type, specifi or quantities exceed or are different than those used in the original construction or installation and the Grantee at its own expense shall provide such different materials. Where a cut or disturbance is made in a section of sidewalk paving, rather than replacing only the area actually cut, the Grantee shall replace the ations full width of the existing walk and the full length of the section or sections cut, a section being defined as that area marked by expansion joints or scoring. The Grantee shall maintain, repair and keep in good condition, for a period of one year following such disturbance, all portions of streets disturbed by it or its agents, provided such maintenance and repair shall be made necessary because of defective workmanship or materials supplied by Grantee. The Grantee shall, in any street, promptly remove or correct any obstruction or defect therein which may have been caused by the Grantee or its agents in the installation, operation or maintenance of the Grantee's facilities. Any such obstruction or defect which is not promptly removed, repaired or corrected by the Grantee after proper notice so to do, given by the City to said Grantee, may be removed or corrected by the City, and the costs thereof shall be charged against the Grantee and may be enforced as a lien upon any of its properties or assets. Expense of damage, relocation or replacement to city utility lines, sanitary sewers, storm sewers, and storm drains, where such expense results from construction or maintenance of the Grantee's lines or facilities, shall be borne by the Grantee, and any expense incurred in connection therewith by the City shall be reimbursed by the Grantae. 3. The Grantee shall not open, disturb or obstruct, at any one time, any more of such public streets than may, in the opinion of the Director of Public Works of the City, be reasonably necessary to enable it to proceed with advantage in laying or repairing its lines or conduit; nor shall the Grantee permit any such street, sidewalk or public place, so opened, disturbed or obstructe~ for a longer period of time than shall, in the opinion of the Director of Public Works, or other proper official of the City, be reasonably necessary. In all cases where any street or public place shall be excavated, disturbed or obstructed by the Grantee, the Grantee shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs, barricades, signals and other devices necessary or proper to adequately give notice, protection and warning to the public of the existence of all actual conditions present. 4. Whenever the City shall construct, widen, reconstruct, realign, pave or repave any street, bridge, viaduct, or public place, or shall change the grade or line of any street or public place or shall construct or reconstruct any conduit, water main, sewer or water connection, or other municipal works or utility, it shall be the duty of the Grantee, when so requested by the City, to promptly and with concerted cooperation with the City and with any affected public utility or public service company, change its lines, conduits, services and other property in the streets or public places, and/or areas adjacent thereto, at its own expense so as to conform to the new widening, location, alignment or grade of such street or public place and so as not to interfere with any such conduits, water main, sewer or water connection or other municipal works or utility ,3'5'5 356 as constructed or reconstructed. Upon written notice by the City of its intended work, above specified, Grantee shall within a reasonable period of time accomplish its obligation in accordance with and to conform to the plans of the City for such construction, reconstruction or improvements. However, the Grantee shall not be required by the City to relocate CATV lines, whether above or below the ground elevation, when the street or public ground in which they are located is vacated for the convenience of abutting property owners and not as an incident to a public improvement. In the City's construction or reconstruction of public streets, bridges, viaducts and other municipal facilities, such costs to the City as are directly attributable to provisions made at Grantee's request for Grantee's facilities in or on such streets, bridges, viaducts or other facility shall be reimbursed to the City by Grantee upon demand and verification thereof by the City. 5. Written permits shall be obtained by the Grantee from the Director of Public Works of the City before and whenever it becomes necessary for the Grantee to install, construct, extend or repair any CATV lines, poles, towers, or conduits or services on, over or under any bridges or viaducts which are a part of the street system of the City; provided, however, that exception to the requirement of.prior permit shall be permitted in cases of emergencies involving public safety, however, application for such permit shall be made by Grantee as soon as reasonably possible following such work. All provisions of this ordinance shall be applicable to said installation, construction, extension or repair, on, over or under any such bridge or viaduct provided that the factors of appearance and achievement and maintenance of structural design requirements of the bridge or viaduct shall .be assured. d. Tree trimming. The Grantee shall have the right to remove, trim, cut and keep clear of its poles, wires, cables and other appurtenances, the trees in and along the City streets, but, in the exercise of such right, the Grantee shall not cut or otherwise damage said trees to any greater extent than is reasonably necessary for the erection, installation and maintenance of its CATV system. However, the Grantee shall not remove, trim or cut said trees without first obtaini written permission of the City so to do, given by its Director of Public Works; and provided further that such right shall not extend to any trees on private property throughout the City. Section 9. Service to Subscribers. The Grantee's CATV system shall provide programming to subscribers as set out in its proposal upon which this franchise is awarded and which said proposal is incorporated herein by reference, such service to include at least the following: ~g ae channel 15. b. c. d. e. f. g. h. i. Local commercial channels 7, 10, 13 and 27 and educational Two distant independent stations. Twenty-four hour news channel. Twenty-four hour weather channel. FM service, including all local FM stations. A public access channel. A local educational channel. A local government access channel. Such additional channels as may now or subsequently be permitted and authorized under the rules and regulations of the FCC. Based upon findings of public need, which findings shall be predicated upon usage of either the government, public, or educational channel(s) for a period of 80 percent of the weekdays for 80 percent of any consecutive three- hour period for six weeks, the Grantee shall, within a period not to exceed six months, make additional channel(s) available for use which the public need has demonstrated. The charges for such use shall be the minimum consistent with the rules and regulations of the FCC. Section 10. Rates and Charges. a. Subscriber Services The grantee shall supply adequate and efficient CATV service to customers within the City at reasonable rates; such rates shall not discriminate against any subscriber or potential subscriber nor shall the Grantee grant any special rate or discount to any subscriber or potential subscriber except as may be provided for herein or as may subsequently be authorized by the Council. It is recognized that, under the statutes of the Commonwealth of Virginia, the City is vested with legal authority to establish fees and rates to be charged by the Grantee to its customers. It is also recognized by the Grantee that matters involving service and rate charges and changes thereto are local in their application and effect and that the City, through its City Council, shall be acting within the area of its authority and municipal responsibilities in making inquiries, expressing interest, or adopting position in matters of service and of rate charges, or changes of the Grantee. The initial rates to be charged customers by the Grantee shall not exceed: 358 BASIC SERVICE A. Residential Rates: Installation Charges First set Each additional set Monthly Charges First set Each additional set Each set-top converter * Miscellaneous Charges Reconnect Move to location with existing outlet Move connection within home Home Antenna/CATV System Switch $15.00 $ 7.50 $ 6.00 $ 1.25 $ 1.oo $10.00 $10.00 $10.00 If installed at time of CATV connection - at cost of labor and materials If installed at later date - at cost of labor and materials B. Commercial Rates: (more than 4 units at one location) $10.00 Installation Char~es Using existing master TV system First set $15.00 Each additional set $ 7.50 Where no existing master TV system by negotiation with building owner Monthly Char~es Individual billing for each unit: First set per unit Each additional set per unit Each set-top converter * Composite billing for all units: First set per unit Each additional set per unit Each set-top converter * Miscellaneous Char~es Reconnect (per unit) Move connection within unit · If required by system design of Grantee $ 6.00 $ 1.25 $ 1.O0 $ 4.50 $ 1.00 $ 1.00 $10.00 $10.00 The maximum rates stated above shall not be exceeded unless such changes are authorized as hereinafter provided, after a public hearing at which the Grantee and any interested parties may be heard. All rates and charges described herein (or as may subsequently be approved as provided for above), shall be uniform with respect to subscribers in the City of Roanoke, Roanoke County and the Town of Vinton and no subscriber shall be made to pay any different rate and no such rate shall be changed unless and until the same shall have been approved by the governing bodies of said city, county and town, unless otherwise provided for herein or approved by the Council. b. Educational Services The Grantee shall provide, without charge for installation or monthly service, one service drop to each individual public or private school, college or educational facility in the City which may at any time be designated by the City for such service. Section 11. Reports Maps and Plats. The Grantee shall file annually with the director of finance or with such other official of the City as may be charged with the control and keeping of such accounts and financial records of the City, a report in writing, verified by affidavit of an official of the Grantee, which s~,a~i contain and reflect an audit and financial statement pertaining to the business operations of the Grantee in the City for the immediately preceding business year. The Grantee's books and systems of accounts showing a breakdown of the gross revenues derived by the Grantee from its CATV service in the City, in the County of Roanoke and in the Town of Vinton shall be made available at all reasonable times for inspectior and verification by a duly authorized officer or agent of the City. The Grantee shall, upon written and reasonable request at any time from the City Manager or other official designated by the City Manager, make available or furnish to the City Manager or other designated official maps, plats or plans, or copies thereof, showing the location but not necessarily the use of any or all of its poles, conduits, lines, cables and other structures located in, under and along the streets and public places of the City. Section 12. A~.quisition by City. Upon the expiration of this franchise and unless the same be renewed or extended, the City of Roanoke shall have the right and option to acquire the plant and, as well, the property of the Grantee located in the streets, alleys, and public ways and places of said City, used for CATV purposes, at a fair and reasonable price therefor. In determining the value of the property which may be acquired by said City, the said Grantee shall not be entitled to any payment whatsoever by reason of the value of this franchise. The fair value of the property which may be acquired by said City shall be ascertained and determined as follows: Not earlier than eighteen (18) months prior to the expiration of this franchise but not less than one (1) year prior to the expiration of this franchise, the City may notify the Grantee of its intention to exercise its right and option to acquire Grantee's plant and property as provided for herein. If, within sixty (60) days following such notification, the Grantee and the City are able to agree upon the purchase price, then the plant and property of the Grantee shall be transferred to the City upon payment of the agreed upon purchase price. If, however, the Grantee and the City are unable, within said sixty (60) days to agree upon a purchase price, then the amount to be paid by the City for such plant and property shall be determined by an Arbitration Panel which shall consist of three (3) members. One such member shall be named by the City and one shall be named by the Grantee. The third member shall be named by the City and Grantee appointees, acting jointly. If they fail to agree as to the third member, either or both members shall apply to the American Arbitration Association, who shall name the third member. Whereupon, said Arbitration Panel shall ascertain and determine at the joint expense of the Grantee and the City, the fair value of such of the property of said Grantee as the City has a right to purchase hereunder. The City and the Grantee shall each be entitled to produce evidence and be represented by counsel. The finding and judgment of said Arbitration Panel as to such value shall be conclusive and binding upon the City and the Grantee. Unless the City shall, within ninety (90) days from the determination of such value by said Arbitration Panel, tender payment to said Grantee for said property in accordance with the fair valuation thereof as so determined, then the City's rights to acquire the Grantee's said plant and property, or any part thereof, by reason of the provisions in this section of this franchise, shall be forever extinguished and barred. Section 13. City Use of Grantee Facilities. a. When so required by the City, Grantee shall provide suitable space equivalent to one (1) crossarm on each pole erected and equivalent to one (1) duct in each of the conduits constructed, free of charge and for the purpose of carrying wires of the City's telegraph, telephone, alarm signal or radio system, provided the said wires are placed and maintained in such a manner as may be reasonably prescribed by the Grantee, and in no case used to carry electric light or high-tension currents. Whenever it becomes necessary for the Grantee to move the City's said wires for the Grantee's own purposes, such removal shall be at the cost of the Grantee and under supervision of the Director of Public Works, and such wires shall be promptly replaced by the Grantee at its expense. b. In case of any emergency or public disaster, the Grantee shall, upon request of the City, make available its facilities to the City for emergency use at no cost to the City. The Grantee further agrees to make available to the City during the period of the emergency and without cost to the City such personnel as may be required to operate the facilities whereby the Mayor or other authorized representative of the City may communicate with the citizens of the City. Section 14. Payments to the City. The Grantee shall pay to the City (subject to the approval of the FCC) five (5) percent of the Grantee's gross subscriber revenues from its cable television service and operations in the City, provided, however, that should the FCC fail to approve a fee equal to five (5) percent, the rate shall be equal to three (3) percent. Such payment is to be accompanied by an audited statement showing the Grantee's revenues from services provided in the City, in Roanoke County and in the Town of Vinton. Such payments shall be in lieu of any license, occupation, privilege or excise tax based upon gross receipts of the Grantee. However, nothing in this ordinance shall be construed to prevent the City, hereafter and from time to time, from levying any lawful tax on the real or tangible personal property of the Grantee in the City, nor from requiring payment of an annual license, business or privilege tax not in excess of one hundred dollars ($100). The aforesaid payments~shall be payable and made to the City quarterly not later than thirty (30) days after the expiration date of the quarter for which payments are due. If Grantee fails or refuses to make such reports or payments, the City may maintain an action against the Grantee to recover the same and all expenses of collecting same, including reasonable attorney's fees. Section 15. Safety Methods and Equipment. The Grantee shall at all times employ a high standard of care and shall install and maintain in use approved methods and devices for preventing failures or accidents which are likely to cause damages, injuries or nuisances to the public. Section 16. New Developments. Should, within the term of this franchise, developments in the field of transmission of CATV services offer to the Grantee the opportunity to more effectively, efficiently or economically serve its customers through use of methods, materials or procedures not prescribed or embraced by the terms of this franchise, then the Grantee may petition the City Council for review of this franchise in line with such developments. Section 17. Liability. a. Damage Claims. The Grantee binds itself by the acceptance of this ordinance to indemnify and hold the City of Roanoke free and harmless from all liability on account of injury or damage to persons or properties, growing out of the construction, maintenance or operation of any of the Grantee's work, herein authorized, or due to the neglect of said Grantee, or of any of its officers agents or employees, or the failure of the Grantee to comply with any requirement 361 362 herein contained or with any ordinance relating to the use of the streets of the City; and said Grantee hereby agrees that, in the event any action or other proceeding shall be brought against said City, either independently or jointly with said Grantee or others on account thereof, the said Grantee, upon notice given to it by the City, will defend the City in any such action or other proceedin¢ at the cost of the said Grantee; and in the event of final judgment being awarded against the City, solely or jointly with said Grantee or others, then the Grantee will pay said judgment with all interest and costs, and will hold the city harmless therefrom. The Grantee shall, prior to the commencement of construction of the system~ file with the City Clerk and at all times thereafter maintain in full force and effect for the term of this franchise, at Grantee's sole expense, a policy of general comprehensive liability insurance written by a company authoriz~ to do business in the Commonwealth of Virginia, in a form satisfactory to the city Attorney, which may be in the form of a certificate of such insurance policy, insuring the Grantee, its officers, agents and employees against liability for personal injury, death and property damage occasioned by the construction or operations of the Grantee under this franchise, in the minimum a~unts off $ 500,000 for p~rsonai injury to any one person; $ 1,000,000 for personal injury in any one occurrence; and $ 250,000 for property damage. The City shall have the right at any time or times to require that the aforesaid policy of insurance be so written or endorsed as to name said City as an additional insured thereunder. b. Performance Bond. Before proceeding to act under this franchise and within thirty (30) days following passage of the ordinance granting said franchise, Grantee shall execute a bond, in the penalty of Fifty Thousand Dollars ($50,000.00) with good and sufficient surety, made payable to the City of Roanoke, conditioned upon the compliance by the Grantee with the terms, provisions and conditions of this ordinance and of the franchise herein granted and upon Grantee's construction of and putting into operation and maintaining in good order the plant provided for in this franchise when and as authorized so to do by higher licensing or regulatory authorities for the furnishing of efficient CATV services in the City at reasonable rates; the penalty of said bond not, however, to be deemed or construed to limit the amount of any recovery by the City from the Grantee of any actual loss or damage otherwise recoverable by the provisions of this ordinance. Section 18. Restoration of Impaired Service. In the event of any interruption or impairment of service by reason of force, nature, act of God, strike, breakdown, accident or other happening beyond the control of the Grantee, the Grantee shall use every reasonable effort 363 and prompt diligence to restore such service with as little interruption as possible and, in all events, within a reasonable time, and such interruption or failure for said reasons shall not constitute a breach of this franchise. Section 19. Maintenance and Customer Service. The Grantee shall maintain a business office and service facilities within the Roanoke Valley. All subscribers shall be informed of the telephone numbers and location(s) of such offices and facilities so as to make possible the filing of inquiries and service complaints as easily as possible. A listed full-time telephone service number shall be maintained. The Grantee shall employ sufficient persons to provide prompt response to all inquiries and complaints. Subscriber service complaints shall be satisfied within twenty-four (24) hours after receipt, except in the event of disaster or other emergency conditions. The Grantee shall maintain records of all service complaints and make such records available to the City's City Manager within forty-eight (48) hours of the City Manager's written request for same. Such records shall include the name and address of the subscriber, the date and time at which the complaint was received, the nature of the complaint, the resolution of the complaint and the date of such resolution. In the event that a service complaint shall not have been resolved within five (5) working days following the Grantee's receipt of same, the Grantee shall file a notice of such complaint with the City Manager indicating the name and address of the Complainant, the date and time at which the complaint was received, the nature of the complaint and the reason for the failure to resolve the complaint. Section 20. City's Re~.ulatory Program. Consistent with the rules and regulations of the FCC, the City herein establishes its regulatory program to oversee the construction and service proposal: of the Grantee and the provisions of this ordinance. The City's regulatory program shall be under the direction of the City Manager or such other individual or agencies as the Council may deem appropriate or necessary. The regulatory program shall include, but shall not be limited to, such matters as: a. Review of Grantee's efforts to obtain all certificates, permits and agreements as provided for herein. b. Approval of the Grantee's proposed construction as provided for herein. c. Review of Grantee's annual reports as filed with the FCC and as required herein. d. Monitoring Grantee's service to determine compliance with this ordinance. '364 e. ReSolution of subscriber or potential subscriber complaints which cannot be resolved between the Grantee and the customer. Upon receipt of notice of such complaint as provided for herein, the City Manager shall have ten (10) working days to resolve the complaint. If he is unable to do so, or if his proposed solution is unsatisfactory to the Grantee and/or the customer, the City Manager shall bring the issue to the attention of the Council at the next scheduled Council meeting. At a time and place to be set by the Council, the City Manager, the Grantee and the complainant shall be given an opportunity to be heard by the Council on the matter, and said Council's decision shall be binding upon all parties, subject to the parties' rights to judicial appeal or relief. Grantee, upon receipt of notice of such decision, shall promptly take such action as is necessary to provide efficient service to its subscribers, and to maintain and operate the system as required herein. In the event the Grantee fails unreasonably or without adequate justification for a period of fifteen (15) working days immediately following receipt of such decision to remedy such complaint or to provide efficient service to its subscribers or to maintain and operate the system as required kerein, the City Council may, after thirty (30) days written notice given to the Grantee and after a public hearing thereon, revoke the rights and privileges granted by this franchise ordinance to the Grantee. f. Special engineering tests to verify the reliability or quality of service. Such tests may be required by the Council when, in the Council's judgment, there is evidence to suggest that Grantee's service is not meeting the requirements of this ordinance. Said tests and analysis shall be supervised by a registered professional engineer, not on the permanent staff of the Grantee, and selected jointly by the City and the Grantee. The aforesaid engineer shall sign all records of special tests and forward to the City such records with a report interpreting the results of the test and recommending actions to be taken by the City. The Grantee shall bear all costs relating to such special engineering tests. Section 21. Approval of Transfer. The Grantee shall not at any time sell or transfer its rights and privileges under this franchise or its cable television system located in the City to any other person, firm or corporation, or surrender management control without written approval of the City Council. Such transfer shall not be approved until the assignee shall have agreed in writing with the City to become responsible for the full performance of all the conditions, liabilities, covenants and obligatio contained in this franchise and until it shall have been established to the reasonable satisfaction of the City Council that the proposed transferee possesses Ls 36.5 the financial and technical ability and experience sufficient to perform the duties, obligations and responsibilities imposed upon the Grantee in this franchise; provided, however, that such approval by the City shall not be unreasonably withheld. The word "control" as used herein includes actual working control in whatever manner exercised. Nothing in this Section shall be deemed to prohibit a mortgage or pledge of the franchise or of the system or any part thereof solely for financing purposes, provided the written consent of the City to any such mortgage or public pledge be first obtained; nor shall this Section be deemed to prohibit the sale of the Grantee's stock, made in compliance with applicable laws, provided, however, that any sale or other disposition of controlling interest in stock shall be held subject to prior approval of the City as provided in the preceding paragraph of this Section. Upon any judicial sale of all or a substantial part of the system; or upon notification of the termination of any lease covering all or a substan- tial part of the system, the Grantee shall immediately notify the City of such fact, and such notification shall be treated as a notification that a change in control of the Company has taken place, and the provisions of this Section governing the consent of the City to such change in control of the Company, shall apply upon the happening of such event. Section 22. Revocation. The City shall have the right at any time, upon notice to the Grantee, to revoke any and all rights granted hereunder, for just cause or failure to comply with the terms of this ordinance. Such notice shall be in writing and shall be given to the Grantee at its principal office in Roanoke Valley by certified or registered mail. The City shall have the right to cancel this franchise one hundred and twenty (120) days after the appointment of a receiver or trustee of the Grantee, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred and twenty (120) days, or unless: 1. Within one hundred and twenty (120) days after his appointment, such receiver or trustee shall have fully complied with all the provisions of this ordinance and remedied all defaults there under; or, 2. Such receiver or trustee, within said one hundred twenty (120) days shall have executed an agreement, duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this ordinance. 366 Section 23. Non-Exclusive Franchise. The rights herein granted the Grantee to construct, maintain or operate its CATV System in the City, or to perform any other act or exercise any other privilege granted or provided for in this franchise shall not be construed as exclusive or as preventing the City from granting to any other person, firm or corporation the same or similar franchise rights and privileges, to be exercised in and upon its streets and such of the same and parts thereof as the City may deem best or choose to allow, permit, give or grant. Section 24. Lien of City. All debts, penalties, or forfeitures accruing to the City under the terms of this ordinance shall constitute a lien upon the property and franchise of the said Grantee within the City, subject, however, to then existing prior liens. Section 25. Severability. This franchise shall be liberally construed so as to effectuate the purpose thereof. The provisions of this franchise shall be severable and if any phrase, clause, sentence or provision hereof be declared by any court of competent jurisdiction to be contrary to the Constitution of this State or of the United States, of if application thereof be~hetd by any such court to be invalid, the validity of the remainder of this franchise and the applicability thereof between the parties shall not be effected thereby. If any provision of this franchise is in conflict with any lawful rule of the Federal Communications Commission or of the State Corporation Commissior of Virginia or of the Virginia Public Telecommunications Council, now in effect, or of any other duly constituted body or commission legally authorized to prescribe rules governing the conduct of the Grantee within the City, so that the Grantee cannot reasonably comply with both the provisions of this ordinance and the rule of such commission or body, then the Grantee shall comply with such specific rule instead of the conflicting specific and individual provision of this ordinance but the Grantee shall comply with each and all of the provisions of this franchise where such can be done without violating valid statutes or rules of the said commission or body. Section 26. Virginia Public Telecommunications Council. The Grantee shall comply with all requirements of the Virginia Public Telecommunications Council (referred to as Telecommunications Council or VPTC), particularly those requirements established in the Master State Plan for Public Telecommunications as adopted, and amended from time to time, by the Telecommunicat Council. ~ns 3,67. (a) Committee of Education Interests (1) In accordance with the requirements of the Virginia Master State Plan for Public Telecommunications, there is hereby created and established a committee to be known as the Roanoke Valley Cable Television Committee of Education Interests (CEI). (2) The purpose of the committee shall be to review the programming, time allocations and other aspects of the operation of the education access channel required by Sec. 76.251(a) (5) of the FCC regulations and to report any findings and recommendations to City Council and the grantee on a regular basis. The committee shall have no power of censorship over such channel, provided, however, that the Committee shall adopt such procedures as to insure that the use of the channel(s) is not dominated by one or more educational institutions. (3) The CEI shall consist of nine, (9), members, one of whom shall be an official of the Public Telecommunications entity responsible for the Roanoke Valley. One other representative shall be drawn from each of the following~ Roanoke City Public School System Roanoke County Public School System Virginia State ~epartment of Community Colleges Virginia State Council for Higher Education A Roanoke Valley Nonsectarian Private School Roanoke County, at large City of Roanoke, at large Town of Vinton, at large Three of the members, as determined by lot among the appointees, shall serve an initial term of one year. Otherwise, the term of service shall be two years. "At large" members shall be appointed by the governin body of their respective jurisdictions; all other appointments and all other vacancies shall be filled by agreement among the City, County and Town, vacancies to be filled for the unexpired portion of a term. The committee shall elect one of its members as chairman. The names of all appointees shall be submitted by the Secretary of the committee to the Telecommunications Council for review. (4) All members of the committee shall be entitled to vote and the decisions of the committee shall be determined by a majority vote of the members present. A quorum of the members present is required before the committee may take official action. Any member may designate an authorized representative to participate in all respects as a member of the committee in his place. All meetings of the committee shall be open to the public. Notice of any meeting shall be given to the Telecommunications Council and to the general public at least ten (10) days prior to such meeting. 3'6,8 (b) The Grantee's system shall provide for a "Commonwealth Access Channel" which will be made available for lease by the Virginia Public Telecommuni- cations Council at the prevailing hourly rate on a strict basis of actual transmiss~ use. (1) This "Commonwealth Access Channel" shall be receivable throughout the CATV system and shall not require converters at subscriber' receivers unless the converters are invariably provided as a part of the CATV service to the general public. (2) Scheduled use of the "Commonwealth Access Channel" by the Virginia Public Telecommunications Council may be intermittent or continuous. Where the VPTC's scheduled use is intermittent, the CATV system may make other (leased or free) usage of the channel provided the VPTC may order up its use for Commonwealth-related programs on 24-hour notice. Section 27. General Ordinances.of the City. The rights and privileges herein granted are expressly subject to the conditions, limitations and provisions contained in the general ordinances of the City in force relative to the use of streets or public places of said City, in so far as they may be applicable to the rights and privileges herein granted, and to any and all ordinances which may be hereafter passed by the City applicable thereto in the exercise of the police power or any other power vested in said City for the regulation of persons, firms or corporations using the streets of the City; and the City expressly reserves the right to pass all such reasonable ordinances for the regulation of the use of the streets and public ways and places, and for the exercise of the rights and privileges herein granted. Section 28. Prohibition of Discriminatory or Preferential Practices. Except as herein provided, the Grantee shall not, in its rates, charges, service facilities, promotional campaigns, rules, regulations, or in any other respect, make or grant preference or advantages to any subscriber, or other user or potential user of its system, nor subject any person to any prejudice or disadvantage. Section 29. Miscellaneous Provisions. a. The Grantee shall have no recourse against the City or its officials for any loss, cost, expenses, or damage arising out of any provisions or requiremen of this ordinance or its enforcements. b. The Grantee shall not repair, maintain, sell or recommend any television or radio receiver or equipment nor recommend to its subscribers radio and television repairmen. Any repair work done to subscriber sets shall be performed by repairmen other than persons, directly or indirectly, employed by the Grantee. The Grantee is prohibited from inducing subscribers to remove their presently installed television antennas. ~n :s 369 c. Copies of all petitions, applications and communications submitted by the Grantee to the Federal Communications Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting cable television operations authorized pursuant to this ordinance, shall also be submitted simultaneously to the City Clerk. d. Every direction, notice, or order to be given or served upon the Grantee shall be sent to its principal office in Roanoke Valley. Every notice to be given or served upon the City shall be delivered, or sent by certified or registered mail, addressed to the City Clerk, Municipal Building, Roanoke, Virginia. The delivery or mailing of such notice, direction, or order shall be equivalent to direct personal notice, direction or order, and shall be deemed to have been given at the time of delivery. The Grantee shall notify the City Clerk of the address or any change thereof of its office located in the City. e. It is understood that should the Federal Communications Commission modify, change or alter any of its mandatory provisions as to franchise stan- dards, such modifications, changes or alterations shall be incorporated into any permit issued hereunder within one year of adoption by said Commission of the modification, change or alteration, or the time of permit renewal, whichever comes first. f. The right is hereby reserved to the Council to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its police power, provided that such regulations, by ordinance or otherwise, shall be reasonable. Section 30. Effective Date. This ordinance shall be in force and effect from and after thirty (30) days from the date of its passage, provided that within such time it shall have been accepted in the manner herein provided; and provided, further that within said time there shall have been granted by the respective governing bodies of the County of Roanoke and of the Town of Vinton to the withinnamed Grantee franchises to construct, install and maintain a community antenna television system within said other jurisdictions in accordance with the Grantee's bids made therefor and opened and read on August 28, 1974. Term of Franchise Approved: LR~VL. Webber, Mayor ATTEST: City Clerk 370 ACCEPTANCE The undersigned, Roanoke Valley Cablevision, Inc., hereby accepts the grant and each and all of the provisions, conditions and limitations of this ordinance of the City of Roanoke, adopted by the Council of the City of Roanoke as Ordinance No. 22025, on the 20th day of January, 1975, and hereby covenants and agrees that it will perform and discharge each and all of the duties and obligations imposed upon it as Grantee in and under said ordinance, and that it will be bound by each and all of the terms, conditions and provisions therein contained. IN WITNESS WHEREOF the said Roanoke Valley Cablevision, Inc., has caused this written acceptance to be executed in its name by its President or Vice-President, thereunto duly authorized, and its corporate seal to be hereunto affixed and attested by its Secretary, thereunto duly authorized, on this day of , 19 : ATTEST: ROANOKE VALLEY CABLEVISION, INC., Secretary President CERTIFICATE I, Mary F. Parker, City Clerk of the City of Roanoke, Virginia, hereby certify that the above and foregoing is a true, accurate and complete copy of the ordinance granting a franchise to Roanoke Valley Cablevision, Inc., duly enacted by said Council on the 20th day of January, 1975, by a recorded affirmative vote of a majority of all the members elected thereto; and of the acceptance of the franchise by said grantee; and I further certify that the requirements of the laws of the State of Virginia, regulating the grant of franchises, et cetera by cities and towns, and the requirements of the Charter of the City of Roanoke, were duly complied with. IN TESTIMONY WHEREOF, I have hereunto set my hand as City Clerk of ATTEST: City Clerk the said City of Roanoke, this 371. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1975. No. 22030. AN ORDINANCE to amend and reordain Section #2138, "Schools - In-Service Training," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #2138, "Schools - In-Service Training," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - IN-SERVICE TRAINING #2138 In-Service Training (1) ................. $9,750.00 (1) Net increase .............. $9,750.00 100% of actual expenditures to be reim- bursed by the Commonwealth of Virginia BE IT FURTHER ORDAINED that, an ~ergency existing, this Ordinance shall be in effect from its passage. A ? P R 0 V E D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1975. No. 22031. AN ORDINANCE to amend and reordain Section #6000, "Schools - Operation of School Plant," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #6000, "Schools - Operation of School Plant," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 3'7;2 SCHOOLS - OPERATION OF SCHOOL PLANT #6000 Fuel (1) ............................ $280,000.00 (1) Net increase $280,000.00 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 20th day of January, 1975. No. 22032. AN ORDINANCE to amend and reordain Section #16000, "Schools - Second Step," and Section #47000, "Schools - Title I, Carry-Over, P.L. 89- 10," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #16000, "Schools - Second Step," and Section #47000, "Schools - Title I, Carry-Over, P.L. 89-10," of the 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - SECOND STEP #16000 Personal Services (1) .................. $3,133.00 SCHOOLS - TITLE I, CARRY-OVER, P.L. 89-10 #47000 Title I, Carry-Over (2) ................ $3,133.00 (1) Net decrease $3,133.00 (2) Net increase .......... '---$3,133.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 373 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1975. No. 22033. AN ORDINANCE to amend and reordain Section #47125, "Schools - Title I, E.S.E.A., P.L. 89-10," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #47125, "Schools - Title I, E.S.E.A., P.L. 89-10," of the 1974- 75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - TITLE I, E.S.E.A., P.L. 89-10 #47125 Title I, E.S.E.A., P.L. 89-10 (1) ...... $7,098.00 (1) Net increase .............. $7,098.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A P P R 0 V E D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1975. No. 22034. AN ORDINANCE to amend and reordain Section #50205, "Schools - Special Purpose Grant, Title II," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #50205, "Schools - Special Purpose Grant, Title II," of the 1974- 75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - SPECIAL PURPOSE GRANT, TITLE II #50205 Special Purpose Grant (1) ............ $1,000.00 (1) Net increase ............ $1,000.00 100% of actual expenditures to be reimbursed by Title II funds 374 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1975. No. 22035. AN ORDINANCE to amend and reordain certain sections of the 1974- 75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CITY ATTORNEY #104 Utilities and Communicatlons (1) ...... $ 1,600.00 FINANCE - COLLECTOR'S OFFICE #109 Utilities and Communications (2) ...... $ 3,500.00 MUNICIPAL AUDITOR #113 Utilitles and Communicat±ons (3) ...... $ 800.00 CIRCUIT COURT #116 Utilities and Communications (4) ...... $ 1,595.00 SAFETY AND SECURITY #300 Utilities and Communications (5) ...... $ 1,150.00 FIRE #347 Utilities and Communications (6) ...... $ 33,400.00 CIVIC ENRICHMENT #400 Utilities and Communications (7) ...... $ 1,100.00 ARMORY #450 Utilities and Communications (8) ...... $ 10,500.00 PARKS AND RECREATION #475 Utilities and Communications (9) ...... $ 47,400.00 STADIUM AND ATHLETIC FIELD #476 Utilities and Communications (10) ..... $ 24,000.00 LIBRARIES #480 Utilities and Commun~cat±ons (11) ..... $ 21,650.00 375 CAMPS #530 Utilities and Communications STREET MAINTENANCE #658 Utilities and Communications BUILDINGS MAINTENANCE #664 Utilities and Communications MOTORIZED VEHICLE MAINTENANCE #671 Utilities and Communicat±ons MATERIALS CONTROL #711 (12) ..... $ 1,729.00 (13) (14) (15) Utilities and Communicatmons (16) PERSONNEL AND TRAINING #714 ..... $ 25,875.00 ..... $122,000.00 ..... $ 15,000.00 ..... $ 2,813.20 Utilities and Communications (17) ..... $ ENGINEERING AND BUILDING INSPECTION #748 Utilities and Communications (18) ..... $ (1) (2) (3) (4) (5) (6) (7) (8) (9) $ 200.00 $ 1,800.00 $ 2o0.00 $ 400.00 $ 4o0.0o $11,000.00 -$ 500.00 $ 3,000.00 $21,000.00 $11,000.00 $ 6,000.00 Net lncrease Net increase Net increase Net lncrease Net ~ncrease Net increase Net ~ncrease Net ~ncrease Net ~ncrease 700.00 $ 3,000.00 $10,000.00 $ 5,000.00 .... $ 1,000.00 $ 6o0.00 .... $ 2,500.00 (10) Net lncrease (11) Net ~ncrease (12) Net ~ncrease ............. $ (13) Net increase (14) Net ~ncrease (15) Net ~ncrease (16) Net ~ncrease (17) Net ~ncrease (18) Net increase 1,500.00 6,250.00 City Clerk Mayor APPROVED ATTEST: shall be in effect from its passage. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance 376 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1975. No. 22036. AN ORDINANCE to amend and reordain Section #440, "Civic Center Fund - Administrative Expenses," of the 1974-75 Civic Center Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #440, "Civic Center Fund - Administrative Expenses," of the 1974- 75 Civic Center Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER FUND - ADMINISTRATIVE EXPENSES #440 Utilities and Communications (1) ...... $214,525.35 (1) Net increase .... $90,000.00 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 20th day of January, 1975. No. 22037. AN ORDINANCE to amend and reordain Section #90, "Sewage Treatment Fund," of the 1974-75 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 #90, "Sewage Treatment Fund," of the 1974-75 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND #90 Utilities and Communications (1) ...... $145,452.00 (1) Net increase $45,000.00 377 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 20th day of January, 1975. No. 22038. AN ORDINANCE to amend and reordain Section #260, "Water - Pumping Stations and Tanks," of the 1974-75 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. ~HEREFO~E, BE I~ ORDAINED by the Co'~',~i'~ of the City of Roanoke that Section #260, "Water - Pumping Stations and Tanks," of the 1974-75 Water Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER - PUMPING STATIONS AND TANKS ~260 Utilities and Communications (1) ..... $83,500.00 (1) Net increase $30,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1975. No. 22039. AN ORDINANCE to amend and reordain Section #280, "Water - Purification," of the 1974-75 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 378 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #280, "Water - Purification," of the 1974-75 Water Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER - PURIFICATION #280 Utilities and Communications (1) ..... $11,334.85 (1) 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 20th day of January, 1975. ~o. 22040. AN ORDINANCE to amend and reordain Section #340, "Municipal Airport Fund," of the 1974'75 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 1974-75 Airport Fund AppropriatJ Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL AIRPORT FUND #340 Utilities and Communications (1) ........ $86,180.66 (1) Net increase $40,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor on IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1975. No. 22041. AN ORDINANCE to amend and reordain Section #538, "Food Stamp Authorizatioz of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #538, "Food Stamp Authorization," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FOOD STAMP AUTHORIZATION #538 Salaries and Wages (1) Supplies and Materials (1) Net decrease (2) Net increase ............ $62,442.50 (2) ........ 8,500.00 $5,000.00 $5,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1975. No. 22042. AN ORDINANCE to amend and reordain Section #658, "Street Maintenance," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: STREET MAINTENANCE #658 Salaries and Wages (1) ................ .$869,362.00 Overtime (2) ........................... 23,000.00 (1) Net decrease $3,000.00 (2) Net increase $3,000.00 379 38O BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1975. No. 22043. AN ORDINANCE accepting a proposal for furnishing and delivering three (3) front end loaders, cabs and related equipment for city-owned tractors, upon certain terms and conditions by accepting a certain bid made therefor; and providin¢ for an emergency. WHEREAS, on January 15, 1975, and after due and proper advertisement had been made therefor, one ~ bid for tke ~ale to tke City of t~le equipment hereinafter mentioned was opened and read in the office of the City's Purchasing Agent by three members of a committee appointed for the purposes, and thereafter was tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager concurring in the Committee's report, has transmitted the same to the Council, recommending acceptance of the bid hereinafter mentioned; and the Council considering all of the same, has determined that the bid hereinafter accepted is the best and only 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; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Mountcastle Ford Tractor Sales, Inc., made to the City to furnish and deliver to the City three (3) front end loaders, cabs and related equipment for city-owned tractors, for a purchase price not to exceed the sum of $10,715.00, cash, be and said bid is hereby ACCEPTED; and 2. That the City's Purchasing Agent be, and is hereby authorized and directed to issue the requisite purchase order to the aforesaid bidder in accordance with the aforesaid proposal, the City's specifications made for the supply of said equipment, and the provisions of this ordinance. 381 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 20th day of January, 1975. No. 22044. AN ORDINANCE relating to the release of certain restrictions and conditiol applicable to a small portion of the City's Maher Field property needed to be utilized for public street purposes; authorizing the Mayor and the City Clerk to execute a deed of partial release on behalf of the City; and providing for an emergency. WHEREAS, cOnstruction of the proposed new Jefferson Street Bridge over Roanoke River and the trackline of Norfolk and Western Railway Company requires the utilization for public street purposes of a small strip of land in the City's 30.15-acre Maher Field property abutting the present west line of Jefferson Street, all of which Maher Field property is subject to certain express conditions and covenants on the part of the City contained in the deed of Virginia Holding Corporation to the City dated March 15, 1941, by which deed Virginia Holding Corporation then donated said land to the City for use for stadium, armory, park and recreational purposes only; and WHEREAS, the Council is advised that the City's donors are agreeable and willing to make release of the aforesaid restrictions and covenants insofar as the same affect the City's title to the strip of land needed to be added to the right-of-way of Jefferson Street, it to be understood and agreed that the aforesaid conditions and covenants as they affect the residue portion of the City's Maher Field property remain in full force and effect and to reattach and become binding upon the released portion of said property upon any abandonment by the City and use of such small portion for public street purposes; and WHEREAS, for the usual daily operation of the municipal government an emergency exists, and this ordinance ~hould become effective upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be and are hereby authorized to execute and to seal and attest, respectively, a certain deed of partial release drawn under date of January 20, 1975, to be entered into and executed by Virginia Holding 382 Corporation, Norfolk and Western Railway Company and the City of Roanoke releasing from the conditions and covenants contained in that certain deed of March 15, 1941, from Virginia Holding Corporation to the City of Roanoke, recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Deed Book 664, page 54, those conditions and covenants which would restrict use by the City of Roanoke for public street purposes of that portion of the 30.15-acre tract of land, known as Maher Field, conveyed by said deed which is shown in red on Norfolk and Western Railway Company's Plan No. 17772-A, prepared under date of October 14, 1940, revised November 22, 1974; the conditions and covenants contained in said deed of March 15, 1941, as they affect the residue portion of the 30.15-acre tract thereby conveyed other than that shown in red on the aforesaid plan to remain in full force and effect and reattach to and become binding upon such small portion upon an abandonment by the City of its use of such small portion for public street purposes; said instrument to be, otherwise, upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance be in force and effect upon its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1975. No. 22045. A RESOLUTION amending Resolution No. 22020 adopted January 13, 1975, initiating the permanent closing and vacating of certain airspace above a portion of the southerly four feet eight inches of an alley extending in a westerly direction from 1st Street, S. W., between Church Avenue, S. W. in Block 12 as shown on Sheet No. 1 S.W. Section of the Official Survey and Map of the City of Roanoke, to another alley running in a north-south direction through said Block; appointing viewers to view said alley, and referring the proposal to the City Planning Commission for consideration and recommendation; and providing for a public hearing on said proposal. WHEREAS, it has been called to the Council's attention that the title of Resolution No. 22020 adopted January 13, 1975, initiating the permanent closing and vacating of certain airspace above a portion of the southerly four feet eight inches of an alley extending in a westerly direction from 1st Street, S. W., between Church Avenue, S. W., and Kirk Avenue, S. W., in Block 12, as shown on Sheet No. 1 S.W. Section of the Official Survey and Map of the City of Roanoke to another alley running in a north-south direction through said 383 Block, erroneously referred to said alley as extending westerly from Second Street, S. W.; and the Council desires to correct the aforesaid error of description 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 and vacate as public airspace over a certain public alley, in the City of Roanoke, the following: The airspace starting at and extending above fourteen feet six inches over the existing surface of that southerly four feet eight inch portion of the public alley running in an east- west direction through Block 12 as shown on Sheet No. 1. S.W. Section of the Official Sur- vey and Map of the City of Roanoke and extending from a line in said alley seventeen feet four inches westerly from and parallel to the west line of 1st Street, S. W., in a westerly direction above said alley two hundred fifty-four feet, as said portion of said alley is shown on "Plot Plan Showing Projection of Parking Garage over Alley and Encroachment of Foundations into Streets and Alleys" prepared by Frantz & Chappelear, Architects, dated January 10, 1975. BE IT FURTHER RESOLVED that pursuant to the provisions of law for such cases made and provided, Messrs. Dewey H. Marshall, Harry Whiteside, Jr., M. Dale Poe, R. R. Quick and C. F. Kefauver, any three or more of whom may act, are hereby appointed viewers in accordance with the aforesaid statute, to view said alley and report in writing to this Council whether, in their opinion any, and if any, what inconvenience would result from permanently closing and vacating the abovedescribed airspace over the same; and BE IT FURTHER RESOLVED that the within proposal be referred to the City Planning Commission for consideration and report back to the Council at or before the public hearing on the proposal herein scheduled. BE IT FINALLY RESOLVED that a public hearing on the question of vacating the airspace over said alley be held before the Council at its regular meeting on the 10th day of February, 1975, at 2:00 o'clock p.m., or as soon thereafter as the same may be heard, and that 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. ATTEST: APPROVED City Clerk Mayor 384 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1975. No. 22046. AN ORDINANCE accepting the bid of Thor, Inc., for the construction of a fire training tower on Bennington Avenue, S. E., in the City of Roanoke, Virginia; 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 December 16, 1974, and after due and proper advertisement had been made therefor, twelve (12) bids for the construction of a fire training tower on Bennington Avenue, S. E., 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 Thor, Inc., represents the lowest and best bid made to the City for the performance of said work and should be accepted; and that said other bids should be rejected; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That the bid of Thor, Inc., for the construction of a fire training tower on Bennington Avenue, S. E., as described in the City's plans and specificati~ and in said bidder's proposal for a lump sum of $78,900.00, 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 of Roanoke to execute and to seal and attest, respectively, the requisite contract with the successful bidder, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal, and the City's plans'and 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. ~ns 38:5 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 1975. No. 22049. AN ORDINANCE to amend and reordain certain sections of the 1974-75 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by tke Council of the City of Roanoke that certain sections of the 1974-75 Water Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: WATER - GENERAL EXPENSE #320 Overtime (1) ................................ -0- (1) Net decrease .......... $6,500.00 WATER - PURIFICATION #280 Overtime (2) ................................ $8,100.00 (2) Net increase .................. $6,500.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor 386 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of January, 1975. No. 22047. AN ORDINANCE to amend and reordain Section #896, "Transportation," of the 1974-75 Appropriation Ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #896, "Transportation," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSPORTATION #896 Contractual Services (1) ................. $294,793.82 (1) Net increase ......... $36,000.00 APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of January, 1975. No. 22048. AN ORDINANCE conditionally amending paragraphs (1) and (15) of the contract dated August 1, 1951, between the City of Roanoke and Roanoke Railway & Electric Company and Safety Motor Transit Corporation, relating to public bus transportation, so as to provide for payment by the City to Roanoke City Lines, Inc., of certain sums for the month of January, 1975, and thereafter until such contract be further amended or terminated as herein provided. WHEREAS, funds have been appropriated by the Council sufficient to defray the payments hereinafter authorized to be made. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that certain contract dated August 1, 1951, between the City of Roanoke and Roanoke Railway & Electric Company and Safety Motor Transit Corporation be, and the same hereby is amended so as to read and provide as follows: (1) The City of Roanoke shall pay to Roanoke City Lines, Inc., successor in interest to the com- panies, the sum of $30,000.00 for the period commencing January 1, 1975, and ending January 31, 1975, except that such period may be extended as provided in paragraph (15) as amended. 38 7 (15) This contract together with all privileges, rights, duties and obligations under it and with the City's obligation herein undertaken to pay to Roanoke City Lines, Inc., the sum of $30,000.00 per month for each full calendar month during which said corporation provides the bus transportation service provided for herein shall continue and be extended on and after February 1, 1975, until February 28, 1975, and thereafter, from month to month until the same be terminated at the end of any calendar month upon one (1) month's prior written notice of either party given to the other party of such termination; and provided, further that notwithstanding the provisions contained in this paragraph this contract shall terminate on the 31st day of July, 1975. BE IT FURTHER ORDAINED that the amendments hereinabove authorized to be made to said contract shall not become fully effective until an attested copy of this ordinance, in duplicate, shall have been endorsed by Roanoke City Lines, Inc., successor in interest to Roanoke Railway & Electric Company and Safety Motor Transit Corporation, by said Company's duly authorized representative, as evidence of said company's agreement to its adoption and the amendments of the aforesaid contract to the extent provided for herein. ATTEST: APPROVED City Clerk Mayor This ordinance is hereby endorsed by Roanoke City Lines, Inc., successor in interest to Roanoke Railway & Electric Company and Safety Motor Transit Corporation as evidence of said company's acceptance and approval thereof. Dated: January 31 ,1975 . Signed: ROANOKE CITY LINES, INC., successor in interest to Safety Motor Transit Corporation and Roanoke Railway & Electric Company By $/J. Wistar Stowe President 3 8'8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of January, 1975. No. 22052. A RESOLUTION endorsing the application by the Southwest Virginia Com- munity Development Fund to the Economic Development Administration for Federal funds for the development of fifteen (15) acres of land in the City of Roanoke located within the Gainsboro Neighborhood Development area, adjacent to Interstate 581 and bordered on the west by Peach Road and on the north by Orange Avenue, as an industrial complex site. WHEREAS, the proposed industrial complex site will contribute to the stabilization of the City's metropolitan industrial base and is easily accessible to east-west bound traffic and north-south bound traffic; and WHEREAS, the Roanoke Redevelopment and Housing Authority has endorsed the proposed site as contributing towards the improvement of the area's potential for economic growth. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body does hereby endorse the application by the Southwest Virginia Community Development Fund to the Economic Development Administration for a $1,443,680.00 grant of Federal funds for the development of fifteen (15) acres of land in the City of Roanoke located within the Gainsboro Neighborhood Development area, adjacent to Interstate 381 and bordered on the west by Peach Road and on the north by Orange Avenue, as an industrial complex site. BE IT FURTHER RESOLVED that attested copies of this resolution be transmitted by the City Clerk to the Economic Development Administration and the Southwest Virginia Community Development Fund. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of January, 1975. No. 22053. A RESOLUTION seeking designation and inclusion of the City of Roanoke as a part of the area known as the Appalachia Region. WHEREAS. the City Manager has advised the Council that special Federal economic redevelopment assistance is available to localities designated and included in the Appalachia Region, such assistance being channeled through the Appalachian Regional Commission, for the purpose of providing vocational education 389 facilities, acquisition and partial development costs for industrial parks, industrial access roads, sewer and water projects, as well as recreation and conservation programs and has further advised that a great majority of local civic organizations have recommended that the City of Roanoke seek designation and inclusion as a portion of the Appalachia Region, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable Mills E. Godwin, Governor of the Commonwealth of Virginia, be and he is hereby respectfully requested to seek designation and inclusion, through appropriate channels in the Congress of the United States, of the City of Roanoke in that area known as the Appalachia Region. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit attested copies of this Resolution to the Members of the Virginia delegation in the Congress of the United States and to the Governor of Virginia's Office for Special Programs. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of January, 1975. No. 22054. A RESOLUTION accepting and expressing appreciation for a recent bequest to the City. WHEREAS, throughout his life the late WILEY N. JACKSON exhibited ad- mirable generosity and concern for the City of Roanoke and its citizens as is evidenced by his provision of Wiley Drive and the Wiley Drive Fountain, both of which have been of great benefit and enjoyment to the citizens of and visitors to the City; and WHEREAS, the Council is advised that the will of Mr. Jackson contained the following bequest, which exhibits the further generosity of the donor, viz: "To the City of Roanoke, Virginia, to be used in such a manner as may be determined by Roanoke City Council for improvements to Wiley Drive and to Wiley Drive Fountain the sum of Twenty-Five Thousand Dollars ($25,000.00)." THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council is most pleased to accept, on behalf of the citizens of the City, the generous bequest of $25,000.00 provided for in the will of the late WILEY N. JACKSON and doth express deep gratitude for the same and doth direct that said sum be appropriately placed as a short-term investment. 390 BE IT FURTHER RESOLVED that the City Clerk transmit attested copy of this resolution to Mr. David H. Burrows, co-executor of the estate of WILEY N. JACKSON. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of January, 1975. No. 22057. A RESOLUTION endorsing the Federal Revenue Sharing legislation and requesting the Virginia delegation to the Congress of the United States to support the continuation of the Federal Revenue Sharing Act. WHEREAS, this Council, believing in the principle of General Revenue Sharing, has utilized those funds which it has received pursuant to the Federal Revenue Sharing Act in a competent manner; and WHEREAS, there are several programs in the City of Roanoke providing for social services, human resources and tax relief for the elderly, which pro- grams are dependent upon the funding provided through General Revenue Sharing. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body strongly endorses the Federal Revenue Sharing legislation as a means of supporting the aforementioned programs, which programs would be jeopardized by a cessation or curtailment of revenue sharing funds, and doth strongly urge the Virginia delegation to the Congress of the United States to support the continua- tion of the Federal Revenue Sharing Act. BE IT FURTHER RESOLVED, that attested copies hereof be transmitted by the City Clerk to all members of the Virginia delegation to the Congress of the United States and to the Legislative Committee of the Virginia Municipal League. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of January, 1975. No. 22058. A RESOLUTION endorsing the Unified Human Services Transportation Sys- tem's project RADAR (Roanoke Agencies Dial-A-Ride) as a demonstration project for the integration of transportation services for the Roanoke Valley human service agencies under the auspices of Senate Bill 517. WHEREAS, Senate Bill 517 gives the Governor of Virginia the authority to authorize certain cities and counties in this commonwealth, not to exceed five, to develop and implement a pilot program for the delivery of human services under present laws, and to administer such an integrated program; and WHEREAS, the Roanoke Valley Council of Community Services, in close cooperation with the Fifth Planning District Commission, Total Action Against Poverty, and twenty-one other human service agencies in the Roanoke Valley, have jointly developed a plan for an integrated project, the Unified Human Services Transportation System; said project proposing to integrate or combine, the existing resources and services of the agencies now providing or needing trans- portation services, into one efficient system called RADAR (Roanoke Agencies Dial-A-Ride); and WHEREAS, the major purpose of this system is to provide a more efficient and less costly transportation service to the clients of the Roanoke Valley human service agencies, primarily the elderly, handicapped, poor or any other clients who otherwise require the provision of specialized transportation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body does hereby endorse and give its full backing to the Unified Human Services Transportation System's Project RADAR (Roanoke Agencies Dial-A-Ride) as a demonstration project for the integration of transportation services for the Roanoke Valley human service agencies under the auspices of Senate Bill 517. BE IT FURTHER RESOLVED that an attested copy of this resolution be transmitted by the City Clerk to the Executive Director of the Roanoke Valley Council of Community Services, Inc. APPROVED ATTEST: City Clerk Mayor 3.92 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of January, 1975. No. 22059. A RESOLUTION providing for modification of the City's written lease agreement with American Freedom Train Foundation, dated May 28, 1974, relative to Nickel Plate Locomotive 763. WHEREAS, for reasons stated in the City Manager's report made January 20, 1975, the Council is agreeable that modification of certain of the terms and provisions of the City's lease agreement with American Freedom Train Foundation dated May 28, 1974, be made as hereinafter set forth. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to enter into written agreement with American Freedom Train Foundation so as to modify certain of the terms and provisions of the City's written lease agreement with said Foundation, heretofo~ entered into under date of May 28, 1974, in the following respects, and no other: 1. To provide for the return of Nickel Plate Locomotive 763 by A~erican Freedom Train Foundation to its site in the Roanoke Transportation Museum or to such other location intermediate between Roanoke and Elizabeth Port, New Jersey, as may be expressly designated and agreed upon by the City Manager in writing, all to be done without cost to the City and prior to April 15, 1975, and said locomotive to be delivered back to the possession of the City in as good or better condition as upon its removal by the Foundation from the Roanoke Transportation Museum; thereafter the Foundation's obligation to the City for payment of rental and for provisions of insurance and indemnification as provided in the lease agreement dated May 28, 1974, to terminate. 2. To revise the provisions of Section 8 of the aforesaid agreement dated May 28, 1974, so as to commit American Freedom Train Foundation to arrange for and provide a 6-day stop and display of the American Freedom Train in Roanoke in 1976, rather than a 3-day stop heretofore provided in said Section; and so as to provide that during said 6-day display of the American Freedom Train in Roanoke a reasonable admission charge may be made by the Foundation to persons visiting the Train on display; e 393 otherwise, the amended agreement to be upon such form as is approved by the City Attorney. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of January, 1975. No. 22060. A RESOLUTION authorizing payment for certain additional services rendered by consultants of the City relative to the City's award of a cable antenna televisi¢ system franchise. WHEREAS, the City Manager has reported to the Council that Foster Associates, Incorporated, and Atlantic Research Corporation, engaged by the City to perform certain services for the City, the County of Roanoke and the Town of Vinton relative to award of proposed franchises by the latter three parties, have incurred certain expenses exceeding those expressly set out in the employment agreement, and has recommended to the Council that it approve the same for payment to the consultants as is hereinafter set forth. WHEREAS, funds have been appropriated out of which the payments hereinaft( set forth may be made. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That said Council authorizes and approves payment to Foster Associate~ Incorporated, of the additional sum of $1,826.70 for certain additional services rendered by said firm in the Phase II A work provided to be done in said agreement and; further, approves payment to said firm of the additional sum of $1,382.72 for costs of attendance at public hearings and meetings under Section 10 of the aforesaid agreement. 2. That the Council, further, authorizes and approves payment to Atlantic Research Corporation of the additional sum of $3,313.72 for its expenses incurred in attendance at public hearings and meetings pursuant to the provisions of Section 10 of the aforesaid agreement. A P P R 0 V E D ATTEST: City Clerk Mayor 394 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of January, 1975. No. 22061. AN ORDINANCE to amend and reordain Section #725, "Management Informa- tion Services," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MANAGEMENT INFORMATION SERVICES #725 Salaries and Wages ................... $144,388.00 1 Clerk Stenographer I (1) 1 Clerk Stenographer III (2) (1) Net decrease ............... 0 ........... -0- (2) Net increase ........................... -0- ~ I'£ FURTHE~ ORDAiNeD that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of January, 1975. No. 22062. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements Fund," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriatio] Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 99380 - Replacement of Lick Run Wall (1) ........................ $19,100.00 74104 - Construction of Fire Training Tower (2) ....................... $19,100.00 (1) Net decrease $19,100.00 (2) Net increase $19,100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 1975. No. 22050. AN ORDINANCE to amend Title XV, Ckapter 4.1, Section 2, of Tke Code of the City of Roanoke, 1956, as amended, and Sheet No. 306, Sectional 1966 Zone ~ap, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that property located at 1722 llth Street, N. E., in the City of Roanoke, Virginia, and more fully described as: BEGINNING at the northwest corner of Cherokee Street and Indiana Avenue S. 89 deg. W. 120 feet to a point; thence, N. 1 deg. W. 125 feet to an alley; thence, along same N. 89 deg. E. 120 feet to Cherokee Street, thence, along same S. 1 deg. E. 125 feet to the place of BEGINNING, and known as Lots 22, 23, and 24, Block 42, Linwood Addition to the City of Roanoke, Virginia; Official Tax Number 3020812, 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 pub- lished 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 27th day of January, 1975, at 7:30 P.M., before the Council of the City of Roa- noke, at which hearing all parties in interest and citizens were given an oppor- tunity 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. 306, of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on 1722 llth Street, N. E., described as Lots 22, 23, and 24, Block 42, Linwood Addition to the City of Roanoke, Virginia, designated on Sheet 306 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 3060812, be, and is hereby, changed from RD, Duplex Residential District, to LM, Light Manufacturing District, and that Skeet No. 306 of the aforesaid map be changed in this respect. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 1975. No. 22051. 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. 307, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that certain parcel of land situate in and owned by the City of Roanoke, bounded on the west by Interstate Route No. 581, on the north by the centerline of a portion of Sycamore Avenue, N. E., on the east by property now or formally owned or under lease to Sears Roebuck and Company, and on the south by portions of the north lines of Block 9, according to the Map of Lincoln Court and Block R, according to the Map of Williamson Groves, said parcel of land bearing Official Tax Nos. 3070316, 3070301 through 3070315, inclusive, rezoned from IDM-Industrial Development District, to LM-Light Manufacturing District; and WHEREAS, the City Planning Commission has recommended that the hereinafte~ described land be rezoned from IDM-Industrial Development 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 397 WHEREAS, the hearing as provided for in said notice was held on the 25th day of January, 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 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. 307, of the Section 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property situate in and owned by the City of Roanoke, bounded on the west by Interstate Route No. 581, on the north by the centerline of a portion of Sycamore Avenue, N. E., on the east by property now or formally owned or under lease to Sears Roebuck and Company, and on the south by portions of the north lines of Block 9, according to the Map of Lincoln Court and Block R, accordin4 to the Map of Williamson Groves, said parcel of land bearing Official Tax Nos. 3070316, 3070301 through 3070315, inclusive, designated on Sheet No. 307, of the Sectional 1966 Zone Map, City of Roanoke, be, and is hereby, changed from IDM-Industrial Development District, to ~-Lig~t ~anu~acturing District, and that Sheet No. 307 of the aforesaid map be ckanged in tl~is respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 1975. No. 22055. AN ORDINANCE reaffirming the City's established policy and order with respect to telephone and telegraph wires and wires and cables carrying electricity now or hereafter to be installed in the public streets, avenues, alleys, ways and public places in the Gainsboro Neighborhood Development Project in the City; and recognizing that the question of payment of the difference in cost of installin underground rather than overhead utilities in said area is unsettled and remains to be resolved. WHEREAS, it was ordered and required by the City of Roanoke, by Ordinance No. 20385, adopted by the Council of said City on July 24, 1972, that all telephone and telegraph wires and all wires and cables carrying electricity, now or hereafter installed in the public streets, avenues, alleys, ways and public places in 3 9'8 the Kimball Urban Renewal Project in the City be placed by the public service corporations owning and operating the same underground unless expressly authorized by said Council; and WHEREAS, the Council, for the reasons stated in Ordinance No. 20385 deems it necessary, proper and reasonable, as an exercise of its police power, to order similar requirement with respect to lines, wires and other facilities of public service corporations proposed and necessary to be installed in the Gainsboro Neighborhood Development Project now under development; and WHEREAS, the public utilities here involved, have indicated a willingness to proceed with underground construction of their facilities in the Gainsboro Neighborhood Development Project in the City in order that the ultimate utilization of the project not be delayed, providing that such commencement of construction not be construed as a waiver of either utility to make claim for and, if so advised, to bring suit for the difference in cost between the overhead and the underground installations when the same have been completed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, in order to provide public streets, alleys, ways and other public places in the Gainsboro Neighborhood Development Project area that are safe, convenient and attractive, to relieve congestion on all suck streets, avenues, alleys, ways and places, to provide greater safety, and to provide for the general welfare of the City and its inhabitants, all telephone and telegraph wires and all wires and cables carrying electricity, now or hereafter installed in the public streets, avenues, alleys, ways and public places in that area of the City of Roanoke known and described as the Gainsboro Neighborhood Development Project shall, unless hereafter expressly otherwise authorized by the Council, be properly and safely placed underground by the public service corporations owning and & operating the same, the Council reserving the right to prescribe general rules and regulations for the construction and use of such facilities, and of full exercise of the police power of the City. BE IT FURTHER ORDAINED by the Council of the City of Roanoke that said body, being advised of the willingness of Appalachian Power Company and The Chesapeake and Potomac Telephone Company of Virginia to proceed with installati¢ of underground electric and telephone facilities in the Gainsboro Neighborhood Development Project in the City, recognizes that the issue of ultimate financial responsibility for the difference in cost between installation of underground electrical and telephone facilities has not been conceded by Appalachian Power Company nor by The Chesapeake and Potomac Telephone Company of Virginia, respective owners of the aforesaid facilities, and that the question may be determined following completion of such installation, by legal proceedings, if necessary; and that said Council recognizes that the aforesaid companies have not waived any right nor shall they be estopped by proceeding with construction of said facilities to recover such difference in cost, once the project has been completed. 399 BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy hereof to each abovenamed company and to the City of Roanoke Redevelopment and Housing Authority. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 1975. No. 22056. AN ORDINANCE accepting the bid of Piedmont Aviation, Inc., for the construction and operation of fixed base operation facilities at Roanoke Municipal Airport (Woodrum Field) under a certain lease of the same from the City; and authorizing the execution of an Agreement of Lease of certain airport premises to Piedmont Aviation, Inc., upon certain terms and provisions. WHEREAS, at the meeting of the Council held on September 9, 1974, and after due and proper advertisement had been made therefor, one (1) bid for the construction and operation of fixed base operation facilities at Roanoke Municipal Airport (Woodrum Field) under a certain lease of the same from the City was opened and read before the Council and was thereafter referred to a committee for the purpose of tabulation and study and for report thereon to the Council; and WHEREAS, said committee has reported to the Council, under date of January 27, 1975, its tabulation of said bid, from which it appears that the bid of Piedmont Aviation, Inc., as modified by letter dated January 21, 1975, is the highest, best and only bid received by the City for the construction and operation of the aforesaid fixed base operation; and the aforesaid committee has recommended that the bid of said corporation be accepted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Piedmont Aviation, Inc., made to the City under date of September 9, 1974, as modified by letter dated January 21, 1975, for the right to construct and operate a fixed base operation at Roanoke Municipal Airport (Woodrum Field) for a period of twenty-five (25) years, and to pay to the City therefor the rates, rents and fees set out in said proposal, as modified aforesaid, be and said bid is hereby ACCEPTED; and the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to enter into an Agreement of Lease with the said bidder providing for said bidder's construction and operation of the aforesaid fixed base operation for a period of twenty-five (25) years, said lease to contain all 400 of the City's requirements made of the bidders for said fixed base operation as set out in the Bidding Criteria furnished said bidders, said lease to be, other- wise, upon such form as is prepared and approved by the City Attorney. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 1975. No. 22063. AN ORDINANCE to amend and reordain Section #7000, "Schools - Maintenance of Plant and Equipment," and Section ~12000, "Schools - Improvements and Betterment~ of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #7000, "Schools - Maintenance of Plant and Equipment," and Section ~12000, "Schools - Improvements and Betterments," of the 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - MAINTENANCE OF PLANT AND EQUIPMENT #7000 Maintenance of Plant and Equipment (1) ...................... $13,400.00 SCHOOLS - IMPROVEMENTS AND BETTERMENTS #12000 Improvements and Betterments (2) .... $13,400.00 (1) Net decrease $13,400.00 (2) Net increase ........... $13,400.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor 40t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 1975. No. 22064. A RESOLUTION concurring in the sale by the Virginia Department of Highways and Transportation of the residue of two properties acquired in connection with assembling the right-of-way of Highway Project No. U000-128-102, RW-201, (Route 24) . WHEREAS, the City Manager has transmitted to the Council in report dated February 3, 1975, a request of the Department of Highways and Transportation that the City concur in the Commonwealth's sale of the residue portions of Parcel 056 and Parcel 058, as shown on the plans of Highway Project U000-128-102, RW- 201, (Route 24), such residues containing, together, approximately 26,332 square feet of land and adjoining each other, and having been acquired altogether with funds of the Commonwealth and not charged as a cost of the project in which the City would be required to participate. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth hereby concur in proposal made hy the Com~onwealtk of Virginia Department of Highways that the Commonwealth sell to any party willing to pay a consideration approved by the Commonwealth, to be paid to the Commonwealth, the residue portions of Parcel 056 and Parcel 058, as shown on the plans of Highway Project No. U000-128-102, RW-201, (Route 24), such residues containing, together, approximately 26,332 square feet of land; and the City Manager is directed to transmit attested copies hereof to the Department of Highways and Transportation through appropriate channels. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 1975. No. 22065. A RESOLUTION rejecting all bids received by the City for the City's Public Works Service Center finishing contract, as advertised; and directing that revision be made in the plans and specifications and that advertisement for new bids thereon be published. 402 WHEREAS, in answer to advertisement published therefor four (4) bids for the City's Public Works Service Center finishing contract were opened and read at the Council meeting held December 16, 1974, all of which said bids were referred to a committee for consideration and report back to the Council; and WHEREAS, the Committee has reported to the Council under date of February 3rd, that a close study of all such bids and of the advantage to the City by selection of alternate proposals made by said bidders results in the conclusion that all bids so made, including that of the apparent low bidder, far exceed the monies appropriated by the Council for the project; and that all bids should be rejected and revisions made in the plans and specifications developed for the project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the four (4) bids of contractors made to the City for the City's Public Works Service Center finishing contract which were opened and read before the Council on December 16, 1974, be, and the same are hereby REJECTED, the City having reserved the right in its advertisement for said bids to reject any and all of the same; and that the City Manager promptly cause to be made appropriate changes and deletions in the plans and specifications keretofore prepared by the City for the project so as to reduce the total cost of the same and, thereafter to advertise for bids for the finishing contract as thus developed. BE IT FURTHER RESOLVED that the City Clerk notify the four (4) bidders who responded to the City's invitation to make bids for the aforesaid contract but whose bids were herein rejected, and to express to each said bidder the City's appreciation for having made such bids. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 1975. No. 22066. A RESOLUTION requesting the Virginia Department of Corrections, Division of Probation and Parole Services, to reconsider location of a certain rehabilitatiol center facility. WHEREAS, this Council is advised that the Virginia Department of Correcti( Division of Probation and Parole Services, has recently applied for and been issued by the City's Department of Buildings a certificate of occupancy providing 4O3 for use of the premises at 2501 Williamson Road, N. E., in the City, being a former motel, as a State-operated rehabilitation center whereat certain persons on parole or onprobation or after having been released from penal facilities would be housed and would participate in programs of readjustment and training for useful activities; and WHEREAS, this Body has been petitioned by numerous residents of the area to intervene on their behalf with State authorities and to request that such facility not be located in the Williamson Road area of the City, they pointing out to the Council deleterious effects which such a facility might be expected to inflict on neighboring residential and business properties; and WHEREAS, this Council, while realizing that such proposed use of the property in question may be permitted under the general zoning regulations of the City of Roanoke, nevertheless, considers the proposed location ill-advised due, primarily, to the small size of the property upon which such center would be located, to its close proximity to and undoubted effect upon surrounding residential properties and business establishments and to the congregation in one small facility of numbers of former violators of the criminal laws, albeit now paroled, on probation or with penalties duly served; and cannot but understand the protests raised by the citizens of the Williamson Road area against the State's proposed use of the premises at 2501 Williamson Road, N. E. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth hereby most earnestly request the Virginia Department of Correcti~ Division of Probation and Parole Services, to reconsider and to abandon its proposal to occupy and use 2501 Williamson Road, N. E., in the City of Roanoke, as a location for its rehabilitation center for persons involved in commission of offenses against the State's penal laws, and to give some assurance to the members of the public and to this Body that it will seek to obtain a location elsewhere in the City at which its needed program for rehabilitation of such persons may be conducted and accomplished, but without the attendant damage, annoyance and potential danger to such great numbers of surrounding occupied residential and business properties and their occupants. BE IT FURTHER RESOLVED that the City Clerk do transmit to the Honorable Mills E. Godwin, Jr., Governor of Virginia, and to the aforesaid Department attested copies of this resolution with which shall be transmitted copies of the citizens' petitions addressed to this Council, abovementioned; and that similar copies of all of the aforesaid be likewise transmitted to the City's representatives in the General Assembly of Virginia, now in Session. ATTEST: APPROVED ns, City Clerk Mayor 4O4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 1975. No. 22068. A RESOLUTION approving a report of the City of Roanoke Highway Safety Commission; and providing for the transmittal of a copy of such report to the Governor of Virginia, through the State Highway Safety Division. WHEREAS, at the Council meeting held January 27, 1975, the City of Roanoke Highway Safety Commission made written report dated January 17, 1975, of said Commission's activities during the calendar year i974. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby generally concur in the report dated January 17, 1975, of the City of Roanoke Highway Safety Commission made to the Council at its meeting held January 27, 1975, a copy of which said report is on file in the Office of the City Clerk and to which reference is hereby made. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit to the Governor of Virginia, through the State Highway Safety Division, an attested copy of this resolution and an attested copy of the aforesaid report dated January 17, 1975. ATTEST APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 1975. No. 22069. A RESOLUTION expressing the Council's strong and earnest opposition to the deletion of certain funds from House Bill No. 1100, as introduced, appro- priating public revenues for the next two years, now under consideration by the General Assembly of Virginia. WHEREAS, the Council is advised that the Senate Committee on Finance and the House Committee on Appropriations of the 1975 General Assembly of Virginia are considering the deletion of certain funds proposed under Item 814 of House Bill No. 1100 which, if appropriated, would provide needed aid to localities for the construction of water quality control facilities for political subdivisions in the Commonwealth, required by the Federal Water Pollution Control Act; and the City having heretofore been ordered by the State Water Control Board to make certain improvements to the Trout Run, Downtown and Murray Run sewer inter- ceptors, has grants pending before said Board for certain funds which, should said appropriation bill be reduced, will increase the cost of said ordered projects to the City by approximately $156,000.00; and WHEREAS, the Council is further advised that the said committees are also considering amendment of Item 594 of said appropriation bill so as to require that, during the second'year of the biennium, local school boards pay the entire employer's share of Social Security payments for all professional employees in excess of 48 per one thousand pupils in average daily membership, the Council being further advised that such an imposition of SociaI Security costs upon localities which provide educational opportunities to their students in excess of those mandated by State Standards of Quality would be unwarranted and discriminat THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this council doth express strong and earnest opposition to any reduction or deletion of House Bill No. 1100 and especially Items 594 and 814 thereof which would in any manner reduce, eliminate or in any manner jeopardize State aid to localities for the construction of water quality control facilities in political subdivisions in Virginia, or which would penalize those school divisions in the Commonwealtk which provide professional e_mployee~ in excess of the minimum state standard of 48 professional employees per one thousand pupils in average daily membership by the imposition of added Social Security costs for said professi( employees. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit attested copies of this resolution to Governor Mills E. Godwin, to the Chairmen of the Senate Committee on Finance and the House Committee on Appropriations, and to the City's representatives in the 1975 General Assembly of Virginia. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 1975. No. 22070. AN ORDINANCE to amend and reordain Section #530, "C.A.M.P.S.," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 9ry. hal 405 406 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #530, "C.A.M.P.S.," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: C.A.M.P.S. 9530 Utilities and Communications (1) ............ $529.00 (1) Net decrease ...... $700.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of February, 1975. NO. 22067. AN ORDINANCE granting revocable, non-transferable permission to Elwin J. Marshall to pursue the home occupation of operating a fractional horsepower motor repair service upon premises located at 2238 Kimball Avenue, N. E., known as Lots 5 and 6, Block 6, Map of Laurel Terrace, Official Tax No. 3120603, upon certain terms and conditions. WHEREAS, Elwin J. Marshall, owner of the property or premises hereinafter described, has requested that he be permitted to pursue a certain home occupation in the nature of operating a fractional horsepower motor repair service 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 owner's proposal and is willing to permit the pursuit of such home occupation upon the terms and conditions herein con- tained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be, and is hereby granted Elwin J. Marshall, owner of the premises located at 2238 Kimball Avenue, N. E., known as Lots 5 and 6, Block 6, Map of Laurel Terrace, Official Tax No. 3120603, to temporarily pursue and carry out the home occupation defined as fractional horsepower motor repair service upon the above-described premises, such pursuit to be governed strictly by each of the provisions of Subsection 17, Home occupation, of Sec. 79.1, Interpretat of certain terms and words, of Article XVI, Chapter 4.1, of Title XV, related on 4O7 to Zoning, of the Code of the City of Roanoke, 1956, as amended, and particularly in accordance with Paragraph (h) of said Subsection 17, which reads as follows, viz: (h) Provided, however, that the term home occupation may include activities in the nature of repair of television receivers and repair of fractional horsepower motors, provided that such activities: (1) Are limited to basements or garages, (2) Involve no employees, (3) Are limited to normal daylight hours, (4) Involve no advertising signs on or off the premises, (5) Involve no wholesale or retail sales from or upon the premises, and provided, further, that permission for carrying on any such activities shall be granted solely at the pleasure of the Council, any such permission being in the nature of a temporary revocable permit; and nothing contained in this section shall be con- strued to establish in any such permittee a right in his premises to carry on any such activity as a nonconforming use under this chapter; 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 tkis o~dinance, that said permittee expressly consents hereto and agrees, in consideration of the permit herein temporarily granted, that neither he nor his heirs, successors or assigns shall, by the pursuit of the activity herein authorized, establish a right in his premises to carry on such activity as a non-conforming use under the City's aforesaid zoning 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. ATTEST: APPROVED City Clerk Mayor of ACCEPTED and EXECUTED by the undersigned this , 1975. Elwin J. Marshall day (SEAL) 408 STATE OF VIRGINIA ~ To-wit: CITY OF ROANOKE Ii for the City of Roanoke, State of Virginia, do hereby certify that Elwin J. Marshall, whose name as such is signed to the foregoing ordinance bearing date the day of 1975, has personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of · a Notary Public in and , 1975. My Commission expires: Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of February, 1975. No. 22071. AN ORDINANCE to amend and reordain Section #126, "Jail," of the 1974- 75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JAIL ~126 Supplies and Materials (1) ............... $92,800.00 (1) Net increase $100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor 409 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of February, 1975. No. 22072. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Frye Building Company to permanently vacate, discontinue, and close a 160 foot, more or less, portion of the alleyway, approximately 10 feet in width, extending parallel to Broadway Avenue and New Street through Block 12 according to the map of the Crystal Spring Land Company from Stephenson Avenue to McClanahan Avenue, which alley is more specifically described below. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of Frye Building Company, that said petitioner did on January 30, 1975, 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 alley, the publica- tion 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 pro- vided 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 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 considere~ said application to permanently vacate, discontinue, and close the hereinafter described portion of the aforesaid alley; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinafter described street and alley herein sought to be permanently vacated, discontinued, and closed, and report in writing, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that Messrs. R. Lee Mastin, Fred DeFelice, L. Elwood Norris, George W. Overby and Edward H. Brewer, Jr., any three of whom may act, be, and they hereby are, appoint- ed as viewers to view the following described alley and report in writing, pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing, and closing the same, namely: 410 ATTEST: BEING that portion of the alleyway, approximately 10 feet in width, extending through Block 12 according to the Crystal Spring Land Company map between Stephenson Avenue and McClanahan Avenue, which is bounded on the north by the southerly lines of Lots 61, 62, 63, and 64 of the aforesaid block and on the south by the northerly lines of Lots 24, 25, 26, and 27, of the aforesaid block (also iden- tified as Official Tax Nos. 1050244, 1050243, 1050242 and 1050241, respectively), said portion of the alleyway being 160 feet in length, more or less. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of February, 1975. No. 22073. AN ORDINANCE to amend and reordain Section %889, "Transfers to Capital Improvements Fund," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriatior Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND %889 Mill Mountain Zoo Contribution Account ............................... $1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance ATTEST: City Clerk Mayor APPROVED shall be in effect from its passage. 411 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of February, 1975. No. 22074. AN ORDINANCE to amend and reordain the City of Roanoke's 1974-75 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 Grant Program Account, be, and the same is hereby amended and reordained to read as follows, in part: GRANT NO. 982 - COMPREHENSIVE EMPLOYMENT AND TRAINING ACT C.E.T.A ............................. $93,575.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of February, 1975. No. 22075. AN ORDINANCE to amend and reordain Section #664, "Buildings Maintenance," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: BUILDINGS MAINTENANCE #664 Salaries and Wages (1) .................... $853,050.00 Operational and Construction Equipment (2) ............................ 10,670.00 (1) Net decrease ---$2,500.00 (2) Net increase ---$2,500.00 412 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of February, 1975. No. 22076. A RESOLUTION promulgating and adopting a procedure for establishing applicant eligibility and accountability for public funds appropriated by the City Council to non-governmental agencies, institutions and organizations on recommendation of Council's Human Resources Committee. WHEREAS, the Council on October 21, 1974, determined that certain public funds derived from Federal Revenue Sharing should be appropriated and devoted to pro~L~oting the social s~rvic~ asp~c'c ~'~ ~he n'uman resources of the City; and WHEREAS, it is the opinion of the Council that a procedure should be promulgated and adopted relating to applicant eligibility and accountability for such funds to insure that the same standards and practices are made applicable in determining each applicant's eligibility and accountability for such public funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that upon initiation of request for appropriation of public funds of the City there shall be filed with the Human Resources Committee by each applicant for a grant under the City's Human Resources Program as established by the City Council on October 21, 1974, an application in writing upon form approved by the City Attorney, which said application shall contain facts and information sufficient to establish the applicant's qualifications and eligibility, pursuant to law, for such grant, and shall contain, also, the applicant's written consent and agreement, should such grant'be subsequently approved, to establish and maintain such records and accounting practices and to make such written report of the use of such funds as may be directed by the City's Director of Finance, and to make all such records and accounts available at all reasonable times for inspection and examination by the Municipal Auditor. APPROVED ATTEST: City Clerk Mayor 413 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of February, 1975. No. 22077. A RESOLUTION authorizing the acceptance of six (6) utility bodies for one-half ton trucks and a $180.00 rebate for the non-conformity of the six (6) utility bodies with the specifications of the purchase order used to purchase said bodies. WHEREAS, by Ordinance No. 21604, the City authorized the purchase of six (6) utility bodies for one-half ton pickup trucks from Southwestern Truck Equipment Company; and WHEREAS, Southwestern Truck Equipment Company has delivered to the City six (6) utility bodies, which do not conform to the specifications of the purchase order, because the storage compartment of the six (6) utility bodies had to be modified to comply with Federal safety regulations; and WHEREAS, the City Manager has, by report dated February 3, 1975, recommended to this Council that said utility bodies be accepted with a $180.00 rebate to the City from Soutkwestern Truck Equipment Company. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be authorized to accept six (6) utility bodies for one-half ton pickup trucks and a $180.00 rebate from Southwestern Truck Equipment Company and that the purchase order used to purchase said bodies be amended to reflect the rebate. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of February, 1975. No. 22078. AN ORDINANCE to amend and reordain certain sections of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: 414 PERSONNEL AND TRAINING ~714 Salaries and Wages (1) ..................... $56,408.00 Grant Account (3) .......................... 6,915.00 MANAGEMENT INFORMATION SERVICES #725 Contractual Services (2) ................... 2,502.00 (1) Net decrease $6,115.00 (2) Net decrease 800.00 (3) Net increase 6,915.00 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 18th day of February, 1975. NO. 22079. AN ORDINANCE to amend and reordain the City of Roanoke's 1974-75 Grant Program Account, and providing for an emergency. WHEREAS, for the usual daily operation of tke Municipal Government 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 Grant Program Account, be, and the sa/~e is hereby, amended and reordained to read as follows, in part: GRANT 974-A2625, JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT PERSONNEL #980 (1) .................................... $.00 (1) Net decrease $55,303.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of February, 1975. No. 22080. AN ORDINANCE to amend and reordain the City of Roanoke's 1974-75 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 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: GRANT #74-A2625, JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT PERSONNEL #928 (1) ............................. $88,971.00 (1) Net increase $5,737.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of February, 1975. No. 22081. AN ORDINANCE accepting the proposal of Cason Enterprises for the con- struction of concrete curb, gutter and sidewalk at various locations in the City of Roanoke; authorizing the proper City officials to execute the requisite con- tract; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, at the meeting of Council held on February 3, 1975, and after due and proper advertisement had been made therefor, six (6) proposals for both Division I and Division II, for furnishing all tools, machines, labor and materials for the construction of concrete curb, gutter and sidewalk at various locations throughout 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 all said proposals, from which it appears to the Council that the proposal of Cason Enterprises for both Division I and Division II 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That the proposal of Cason Enterprises based on unit prices, for the construction of concrete curb, gutter and sidewalk at various locations, as described in the City's plans and specifications, for a lump sum of $57,265.00, cash, being $20,660.00 for Division I and $36,605.00 for Division II, upon satis- factory 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 tke City, to execute and to seal and attest, respectively, the requisite contract with the aforesaid Cason Enter- prises, the same to incorporate the terms and conditions.~of this ordinance, said bidder's proposal for both Division I and Division II, 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 appropriated by the Council for the purpose, the total amount to be paid under this contract, however, not to exceed the sum of $57,265.00; and (3) That the other bids made to the City for performing said work be REJECTED; the City Clerk to so notify said other 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of February, 1975. No. 22082. AN ORDINANCE to amend and reordain Section #832, "Other Health Agencies," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of tke City of Roanoke that Section #832, "Other Health Agencies," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: OTHER HEALTH AGENCIES #832 Legal Aid Society ......................... $7,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of February, 1975. No. 22083. AN ORDINANCE to amend and reordain Section #832, "Other Health Agencies," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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, "Other Health Agencies," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: OTHER HEALTH AGENCIES #832 The Free Clinic of Roanoke Valley, Incorporated ........................... $15,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED 417 City Clerk Mayor 418 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of February, 1975. No. 22084. AN ORDINANCE to amend and reordain Section #832, "Other Health Agencies," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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, "Other Health Agencies," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: OTHER HEALTH AGENCIES #832 WBRA-TV ............................. $1,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of February, 1975. No. 22085. AN ORDINANCE to amend and reordain Section #832, "Other Health Agencies," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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, "Other Health Agencies," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: OTHER HEALTH AGENCIES #832 TAP Coordinate Youth Services ............... $750.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of February, 1975. No. 22086. A RESOLUTION expressing the Council's strong and earnest opposition to the adoption of House Bill No. 921, relating to construction and operation of water supply facilities by local governing bodies, now under consideration by the General Assembly of Virginia. WHEREAS, the Council is advised that the House Committee on Counties, Cities and Towns of the 1975 General Assembly of Virginia is considering the adoption of House Bill No. 921 which, if adopted, would require, prior to the future development, construction and operation of a public water facility or supply by one political subdivision within the jurisdiction of another such political subdivision, that the developing governing body obtain the prior con- sent of the second political subdivision; and WHEREAS, the impoundment, diversion and development of waters are now controlled by the U. S. Army Corps of Engineers, the Federal Environmental Pollu- tion Agency, the State Health Department, the State Water Control Board, and to some extent, the State Corporation Commission, and the City, currently providin9' water service to portions of Roanoke, Bedford and Botetourt Counties as well as the Town of Vinton, opposes the unwarranted burdens toward the development of future water sources implicit in House Bill No. 921. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth express strong and earnest opposition to the adoption of House Bill No. 921 which would have most deleterious effects by requiring localities to obtain the permission of other political subdivisions prior to developing a source of water supply in other political subdivision. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit attested copies of this resolution to the Chairman of the House Committee on Counties, Cities and Towns, and to the City's representatives in the 1975 General Assembly of Virginia, and to the Virginia Municipal League. APPROVED ATTEST: City Clerk Mayor 419 ,420 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of February, 1975. No. 22089. AN ORDINANCE to amend and reordain Section 9539, "Nursing Home," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 9539, "Nursing Home," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NURSING HOME 9539 Supplies and Materials (1) .......... $62,000.00 (1) Net increase ...... $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 February, 1975. No. 22090. AN ORDINANCE providing for the acquisition from Roanoke City Lines, Inc., certain land and improvements thereon situate south of Campbell Avenue, S. E., in the East Side Addition; providing for the execution of a contract of sale with the owner thereof; directing the purchase of such property upon certain terms and conditions; and providing for an emergency. WHEREAS, it has been reported to the Council that Roanoke City Lines, Inc., offering to sell to Greater Roanoke Transit Company its local bus transportat system but not its real estate, has offered to sell and convey to the City for a consideration of $275,000.00, cash, certain of its real estate herein- after described, located to the south of Campbell Avenue, S. E., in the East Side Addition, with useable buildings thereon; and WHEREAS, the Council considering said proposal, the report and recommenda of the City Manager, and considering, also, that the price offered for said .on :ion property is fair and reasonable and supported by appraisal made for the City of the value of all said properties, is of the opinion that the offer of sale made to the City should be accepted on the terms hereinafter set forth; and WHEREAS, funds sufficient to pay the aforesaid purchase price have been appropriated by the Council for such 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 said City doth hereby ACCEPT, subject to the terms and conditions hereinafter set forth, the offer of Roanoke City Lines, Inc., to sell and convey to the City in consideration of the sum of $275,000.00, cash, to be paid on delivery of the deed at time of closing as hereinafter provided, the following described lots or parcels of land, together with the improvements thereon, and certain rights and interest in certain former alleys, now vacated and closed, situate in the City of Roanoke and described generally, as follows, to-wit: Ail of Lots 1, 2, 3, 4, 5, 6, 7, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Section 13, as shown on the ~ap of East Side Addition, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Dee~ Book 209, at page 213. II. Ail right, title and interest of Roanoke City Lines, Inc., as abutting owner, in and to the alley running east and west through the afore- said Block 13, and which was vacated and closed pursuant to Ordinance No. 15748, of the Roanoke City Council, adopted on May 11, 1964, of record in Deed Book 1157, at page 215. III. Ail of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, Section 12, according to the Map of East Side Addition, recorded as aforesaid. IV. Ail of Lots 16, 17 and 18, Section 6, according to the Map of East Side Addition, recorded as aforesaid. Ve Ail right, title and interest of Roanoke City Lines, Inc., as abutting owner, in and to a portion of the alley adjoining said Lots 16, 17 and 18, running east and west through the afore- said Block 6, East Side Addition, which was vacated and closed pursuant to Ordinance No. 16944 of the Roanoke City Council, adopted on April 11, 1966, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Deed Book 1198, at page 26. VI. Ail of Lots 16, 17 and 18, Block 14, according to the Map of East Side Land Company, being Official Nos. 4110801, 4110802 and 4110803; '422 the City's purchase of all said property to be expressly subject to and conditioned upon formal approval in all respects by the Urban Mass Transportation Administratiol and the United States Department of Labor of the acquisition by Greater Roanoke Transit Company of the assets and business of Roanoke City Lines, Inc., and upon approval by said Urban Mass Transportation Administration of Greater Roanoke Transit Company's pending application to said Administration for grant of certain Federal funds to purchase said system, and subject, further, to acceptance by Greater Roanoke Transit Company of Federal grant made pursuant thereto, said conveyance to be made by good and sufficient deed of bargain and sale with General Warranty and English covenants of title except as to so much of said property as may have formerly been occupied by public alleys which have heretofore been vacated and closed and as to which said former alleys such deed of conveyance shall be with Special Warranty of title, all of which such conveyance shall be subject to such valid and existing easements, reservations and restrictions as have been heretofore imposed by recorded deed or plat upon such properties, said deed, otherwise, to be upon form approved by the City Attorney; the aforesaid transaction to be closed on such date that the sale of the personal property and assets of Roanoke City. Line~, Inc., to Greater Roanoke Transit Company is finally closed, with real estate taxes to be prorated as of date of closing, at which time possession of the property shall be delivered to the City and until which time all risk of loss of said property shall be upon the seller. BE IT FURTHER ORDAINED that the City Manager be, and he is hereby authorized and directed forthwith to execute, for and on behalf of the City, a written contract of sale drawn to be entered into between Roanoke City Lines, Inc., as Seller, and the City of Roanoke, as Purchaser, embodying the aforesaid terms of purchase of said property, the form of which contract of sale shall be approved as to form and contract by the City Attorney; and upon the closing of said sale, the Director of Finance be and he is hereby authorized and directed to issue and deliver the City's check or checks in payment of the purchase price of $275,000.00, aforesaid, made payable to such proper party or parties as is directed by said City Attorney. BE IT FINALLY ORDAINED that an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of February, 1975. No. 22091. AN ORDINANCE providing for the City's acquisition of all right to light and air over a portion of a certain public alley located between Church Avenue, S. W., and Kirk Avenue, S. W., west of First Street, S. W., abutting property of the City of Roanoke and needed for the City's public parking garage, upon certain terms and conditions; authorizing payment to be made of a claim for damages caused by such use; and providing for an emergency. WHEREAS, certain airspace over a public alley hereinafter mentioned is needed for construction of the City's public parking garage on Church Avenue, S. W., west of 1st Street, S. W., and Shenandoah Building Associates, owner of certain property abutting said alley claims an easement for light and air over the whole of said alley, but has now offered to agree to a satisfaction and settlement of said claim and to a release of all further claims to damage to said property resulting from the City's aforesaid use, and to a conveyance of the right, title and interest to said purported easement for light and air in the southerly 4 foot 8 inch part of sai~ a~iey to the City upon the ~erms and conditions hereinafter set out; and WHEREAS, the Code of the City of Roanoke, 1956, as amended, and applicab] fire code place no responsibility on existing structures for improvements, additions or repairs to meet such code requirements as a result of new constructior on adjacent property; and WHEREAS, as a result of the construction of the said parking garage the aforesaid alley as a way of access shall remain open except for temporary closure from time to time during the period of construction of said parking garage; and WHEREAS, the City Manager has reported to the Council that such settlemer appears to be fair and equitable, considering the release by said owner of any and all claims and damages which it may have by reason of the City's use of airspace over said public alley; and WHEREAS, funds sufficient to defray the aforesaid payment of $18,000.00 involved in such settlement have been or are contemporaneously herewith 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. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he hereby is authorized to enter into and execute a written agreement, approved as to form by the City Attorney, with Shenandoah Building Associates, which said agreement shall contain provision, among others, as follows: t 423 424 (a) That the City pay to the said owner the sum of $18,000.00 in satisfaction of and for release of damages claimed by the owner resulting from the use of airspace over the aforesaid alley more particularly described as follows: The airspace starting at and extending above fourteen feet six inches over the existing surface of that southerly four foot eight inch portion of the public alley running in an east-west direction through Block 12, as shown on Sheet No. 1.S.W., Section of the Official Survey and Map of the City of Roanoke, and extending from a line in said alley seventeen feet four inches westerly from and parallel to the west line of 1st Street, S. W., in a westerly direction above said alley two hundred fifty-four feet, as said portion of said alley is shown on "Plot Plan Showing Projection of Parking Garage over Alley and Encroachment of Foundations into Streets and Alleys" prepared by Frantz & Chappelear, Architects, dated January 10, 1975. (b) That the City enter into agreement with said owner, that said owner shall at all reasonable times hereafter and so long as its existing Shenandoah Building shall occupy the property identified as Official No. 1011610 on the City of Roanoke Tax Appraisal Map, have a right of access through the City's said parking garage to the third story roof of the owner's Shenandoah Building abutting said alley for the purpose of necessary maintenance, repair and replacement of said roof and of the equipment ~nd ~achinery ~ocated thereon. (c) That the City shall design and provide at the northeast corner of said parking garage building for the benefit of the owner of said Shenandoah Building means for future connection of a foot bridge or pedestrian passageway over said alley and connecting said Shenandoah Building to said parking garage, the construction, connection and maintenance of any such future footbridge to be at the sole expense of said Shenandoah Building and in full accordance with law and ordinances of the City applicable thereto, including payment of such charge or charges as are made in general by the City for overhead connections to said parking garage. BE IT FURTHER ORDAINED that, upon execution by the owners of said Shenandoah Building property of the aforesaid agreement, in form to be admitted to record in the deed books and as approved by the City Attorney, the Director of Finance shall be and is authorized to issue and deliver to the parties certifie by the City Attorney as being entitled thereto, the City's check in the sum of $18,000.00, as consideration for the aforesaid release and agreement. BE IT FINALLY ORDAINED that, an emergency existing, 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 February, 1975. No. 22092. A RESOLUTION gratefully accepting for the City an offer of anonymous citizens to provide a combination shelter and rest room facility for the City's Crystal Spring Tennis Court grounds; directing that the City provide water, sewer and electric facilities for said new improvements; authorizing written agreement to be entered into between the City and the contractor proposed to construct said new facilities; and expressing to the anonymous donors the City's appreciation of their gift to the citizens of the City of Roanoke. WHEREAS, in report made to the City Council by the City Manager under date of February 24, 1975, the Council has been advised of the offer of certain anonymous citizens of the City to provide to the City and its citizens using the Crystal Spring Tennis Courts the facilities of an adequate shelter and rest rooms, to be constructed on the knoll on the City's property between said tennis courts and Jefferson Street, asking, only, that the City arrange for water, sewer and electric extensions and connections to tha new improvements offered to be donated; and WHEREAS, the City Manager has exhibited to the Council architectural plans offered for construction details of the proposed new facilities, and has advised the Council that the value of the improvements offered to be donated is substantial, and is estimated to amount to approximately $13,500.00, and that water, sewer and electric service lines are adjacent to the location proposed for the new shelter and rest rooms and may be readily extended to said new facili- ties; and said City Manager has recommended that the donation be accepted, and that the Council authorize the City's extension of the aforesaid utilities so as to adequately serve said new improvements, in all of which this Council is most willing to concur. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City of Roanoke most gratefully accepts the offer of certain of its citizens who choose to remain anonymous to provide and have constructed without cost to the City or the public a combination shelter and rest room facility for the City's Crystal Spring Tennis Court recreational area, the same to be located on the knoll between said tennis courts and Jefferson Street, to the west, and to be constructed in accordance with certain plans thereof prepared by Vosbeck, Vosbeck, Kendrick & Redinger, architects and engineers, dated February 2, 1975, and exhibited to the Council with the aforesaid report of the City Manager; and does hereby authorize the City Manager to enter into written contract with such licensed builder or contractor as is offered or recommended by the aforesaid donors to construct said improvements providing for the construction of said new facilities in accordance with the abovementioned plans, but without cost to the City for the aforesaid improvements. 425 426 BE IT FURTHER RESOLVED that, in coordination with the construction of the aforesaid shelter and rest rooms, the City Manager cause water, sewer and necessary electric utilities to be extended and provided to said new improvemen~ the cost of such extensions to be borne by the City; and BE IT FINALLY RESOLVED that the City Manager be and is authorized and directed to notify the donors hereinabove referred to of the City's acceptance of their most generous gift to the public, and convey to said donors this Body's sincere appreciation of the spirit of their action and of the value of their aforesaid donation to the other citizens of the City and, particularly, to those of the City's citizens who use and enjoy the Crystal Spring Tennis Courts recrea- tional facilities. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of February, 1975. No. 22093. A RESOLUTION providing for the sale, execution, form and details, advertisement of sale, delivery and tax levy to pay $10,000,000 of bonds of the City of Roanoke, authorized at an election held on the 7th day of November, 1972, to provide funds to defray the cost to the City of needed permanent public improvements, to-wit: for its public schools and for certain other permanent public improvements including additions, betterments, extensions and improvements of and to its municipal airport, its public buildings including its municipal courthouse building, libraries and fire stations, its systems of storm sewers, storm drains and sanitary sewers, its public streets, highways and bridges, a local bus transportation system to operate on regular schedules, and its parks and other recreational purposes. WHEREAS, the qualified voters of the City of Roanoke, on the 7th day of November, 1972, approved an ordinance (No. 20480) for the issuance of $10,000,0 of bonds of the City of Roanoke for the purpose of providing funds to defray the cost of needed permanent public improvements, to-wit: for its public schools and for certain other permanent public improvements including additions, betterment extensions and improvements of and to its municipal airport, its public buildings including its municipal courthouse building, libraries and fire stations, its systems of storm sewers, storm drains and sanitary sewers, its public streets, highways and bridges, a local bus transportation system to operate on regular schedules, and its parks and other recreational purposes; and WHEREAS, none of the said $10,000,000 authorized bonds have heretofore been sold by the City and the Council deems it advisable and to the best interest of the City to now make provision for the sale of $10,000,000 of said bonds; and WHEREAS, the form of the bonds and coupons hereinafter provided for has been approved by the City Attorney in a separate writing filed and preserved with the records of the Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That all $10,000,000 of the bonds authorized at the election held on the 7th day of November, 1972, to defray the cost to the City of needed permanen public improvements, to-wit: for its public schools and for certain other permanen public improvements including additions, betterments, extensions and improvements of and to its municipal airport, its public buildings including its municipal courthouse building, libraries and fire stations, its systems of storm sewers, storm drains and sanitary sewers, its public streets, highways and bridges, a local bus transportation system to operate on regular schedules, and its parks and other recreational purposes, be and said $10,000,000 of said bonds are to be offered for sale to the best bidder to the City, on the llth day of March, 1975, at 12:00 o'clock, noon, Eastern Daylight Time, and the bidders shall be required to name the rate or rates of interest to be borne by the bonds, expressed in multiples of one-eighth or of one-twentieth of one per centum per annum. Bidders shall not be restricted as to the number of rates which may be named but the difference between the highest and the lowest interest rates specified shall not exceed two per cent. All bonds maturing on the same date must bear interest at the same single rate from their date to the date of maturity thereof. 2. That the proper officers of the City are hereby authorized and directed to execute, for and on behalf of and in the name of the City of Roanoke, coupon bonds in the aggregate aforesaid amount of $10,000,000. Said bonds shall be in the denomination of $5,000, each, shall be dated April 15, 1975, shall be payable to Bearer in lawful money of the United States serially in numerical order $500,000 bonds on April 15 in each of the years 1976 to 1995, inclusive, without option of prior redemption. Said bonds shall be numbered from 1 to 2,000, inclusive, and shall bear interest at a rate or rates to be determined by the City Council, payable on April 15 and October 15 in each year commencing October 15, 1975, 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 427 428 coupons attached to 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. Said bonds and coupons shall be payable at the principal office of the Bankers Trust Company, in New York, New York, or at the option of the holder, at the principal office of The First National Exchange Bank of Virginia, in Roanoke, Virginia. 3. That the Director of Finance be, and he is hereby directed to cause said bonds to be printed which, with the coupons attached thereto, shall be in substantially the following form, to-wit: UNITED STATES OF AMERICA STATE OF VIRGINIA NUMBER NUMBER $5,000 $5,000 CITY OF ROANOKE Public Improvement Bond Series "A-5" KNOW ALL MEN BY THESE PRESENTS, that the CITY OF ROANOKE, a municipal corporation created and organized under the laws of the State of Virginia, for value received, acknowledges itself indebted and promises to pay to the Bearer hereof, the sum of FIVE THOUSAND DOLLARS ($5,000), payable in lawful money of the United States of America, on the day of , 19m, at the principal office of the Bankers Trust Company, in New York, New York, or at the holder's option, at the principal office of The First National Exchange Bank of Virginia, in Roanoke Virginia, with interest at the rate of per centum ( %) per annum, payable semiannua: on the 15th day of April and the 15th day of October of each year said bonds shall be outstanding upon the surrender of the respective coupons attached hereto as they severally become due. This bond, which is one of an issue of 2,000 bonds of similar date and denomination, numbered from 1 to 2,000, inclusive, and payable in numerical order $500,000 bonds on April 15th of each of the years 1976 to 1995, inclusive, without option of prior redemption, is issued for the purpose of providing funds to defray the cost to the City of Roanoke of needed public improvements, to- wit: for its public schools and for certain other permanent public improvements including additions, betterments, extensions and improvements of and to its municipal airport, its public buildings including its municipal courthouse buildinc libraries and fire stations, its systems of storm sewers, storm drains and sanitar ly sewers, its public streets, highways and bridges, a local bus transportation system to operate on regular schedules, and its parks and other recreational purposes, in pursuance of an ordinance of the Council of the City of Roanoke, Virginia, adopted on the 28th day of September, 1972, and ratified by a majority of the qualified voters of said City voting at an election duly and legally called, held and conducted on the 7th day of November, 1972, and under and in pursuance of the Constitution and statutes of the State of Virginia, including, among others, an Act of the General Assembly of Virginia, approved on the 7th day of March, 1952, entitled "An Act to provide a new charter for the City of Roanoke; and to repeal Chapter 473 of the Acts of Assembly of 1924, approved March 22, 1924, which provided a new charter for said city, and all amendments thereof", as amended; and this bond shall be exempt from all municipal taxation of said City. 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 State of Virginia, and the charter and ordinances and resolutions of the City of Roanoke authorizing the same; and that all acts, conditions and things required to exist, happen and be performed precedent to and in the 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 limitati of indebtedness, and that an ad valorem tax shall be levied on all the taxable property of the City of Roanoke sufficient to pay this bond and the interest thereon as the same become due and payable. IN TESTIMONY WHEREOF, the said CITY OF ROANOKE has authorized and caused this bond to be signed in its name and on its behalf by the facsimile signature of its Mayor and a facsimile of the said City's corporate seal to be made to appear hereon, attested by the facsimile signature of its City Clerk, and to be authenticated by the manual signature of the City Treasurer, and the coupons hereto attached to be signed in its name and on its behalf by the facsimile signature of the City Treasurer, and this bond to be dated the 15th day of April, 1975. ATTEST: City of Roanoke Seal CITY OF ROANOKE, By City Clerk Mayor City Treasurer (FORM OF COUPON) NO. $ On the day of , 19__, the CITY OF ROANOKE, Virginia, will pay to the Bearer at the principal office of the Bankers Trust Company, in New York, New York, or at the holder's option, at the principal office of The First National Exchange Bank of Virginia, in Roanoke, Virginia, DOLLARS ($ ), being the semiannual interest then due on its Public Improvement Bond, dated the 15th day of April, 1975. SERIES "A-5" CITY OF ROANOKE, By City Treasurer NO. 4. 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 ten (10) 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 shall be prescribed by the Director of Finance. 5. On the filing information of the printed bonds space shall be provided for the insertion of CUSIP identification numbers. Should the purchaser 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 connect~ 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 extending 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 on 431 shall attach to the City or any officer or agent thereof, including any paying agent for the bonds, by reason of such numbers or any use 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. 6. Said bonds shall be delivered on April 15, 1975, or as soon thereafte~ as the bonds may be prepared; and accrued interest shall be paid the City from the date of said bonds to date of delivery of the same; and the net proceeds from such sale shall be used to defray the cost to the City of permanent public improvements for its public schools and for additions, betterments, extensions and improvements of and to its municipal airport, its public buildings including its municipal courthouse building, libraries and fire stations, its systems of storm sewers, storm drains and sanitary sewers, its public streets, highways and bridges, a local bus transportation system to operate on regular schedules, and its parks and other recreational purposes, and for no other purpose. 7. 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. 8. 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 24th day of February, 1975. No. 22094. A RESOLUTION providing for the sale, execution, form and details, advertisement of sale, delivery and tax levy to pay $5,000,000 of bonds of the City of Roanoke, authorized at an election held on the 2nd day of November, 1971, to provide funds to defray the cost to the City of needed public improvements to-wit: additions, betterments and extensions of and to the City's sewage treatmen plant and of its sanitary sewer system, including the acquisition of land, easements, rights-of-way and other rights in property related thereto. :43r2 WHEREAS, the qualified voters of the City of Roanoke on the 2nd day of November, 1971, approved an ordinance (No. 19898) for the issuance of $5,000,000 of bonds of the City of Roanoke for the purpose of providing funds to defray the cost to the City of needed public improvements, to-wit: additions, betterments and extensions'of and to its sewage treatment plant and of its sanitary sewer system, including the acquisition of land, easements, rights-of-way and other rights in property related thereto, in accordance with §10. (a) (2) of Article VII of the Constitution of Virginia and with Section 47 of the Roanoke Charter of 1952, as amended; and WHEREAS, no part of the aforesaid $5,000,000 authorized bonds has heretofore been sold by the City and the Council deems it advisable and to the best interest of the City to now make provision for the sale of all of said $5,000,000 bonds; and WHEREAS, the funds to be derived by the City from the sale of said bonds being for a revenue-producing undertaking of the City, the Council desires to covenant as authorized by law and provided herein and in Ordinance No. 19898 aforesaid; and WHEREAS, the form of this resolution and of the bond~ and coupons hereinafter provided for has been approved by the City Attorney in a separate ~ritin~ filed and preserve~ with the records of the Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the $5,000,000 of bonds provided for in Ordinance No. 19898 of the Council and authorized at an election held on the 2nd day of November, 1971, in accordance with §10. (a) (2) of Article VII of the Constitution of Virginia and with Section 47 of the Roanoke Charter of 1952, as amended, to defray the cost to the City of needed public improvements, to-wit: additions, betterments and extensions of and to the City's sewage treatment plant and of its sanitary sewer system, including the acquisition of land, easements, rights-of-way and other rights in property related thereto, be and said $5,000,000 of said bonds are to be offered for sale to the best bidder to the City, on the llth day of March, 1975, at 12:00 o'clock, noon, Eastern Daylight Time, and the bidders shall be required to state the rate or rates of interest to be borne by the bonds, expressed in multiples of one-eighth or of one-twentieth of one per centum (1%) per annum. Bidders shall not be restricted as to the number of rates which may be named but the difference between the highest and the lowest interest rates specified shall not exceed two per cent. All bonds maturing on the same date must bear interest at the same single rate from their date to the date of maturity thereof. 2. That the proper officers of the City are hereby authorized and directed to execute, ~or and on behalf of and in the name of the City of Roanoke, coupon bonds in the aggregate aforesaid amount of $5,000,000, and the full faith and credit of the City of Roanoke is and shall be pledged to the payment of the principal and interest of said bonds. Said bonds shall be in the denomination of $5,000 each, shall be dated April 15, 1975, shall be payable to Bearer in lawful money of the United States serially in numerical order $250,000 bonds on April 15 in each of the years 1976 to 1995, inclusive, without option of prior redemption. Said bonds shall be numbered from 1 to 1,000, inclusive, and shall bear interest at a rate or rates to be determined by the City Council, payable on April 15 and October 15 in each year commencing October 15, 1975, 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 coupons attached to 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. Said bonds and coupons shall be payable at the principal office of the Bankers · ru~t ~o~any, in New York, ~w York, or at the option of the Lolder, at the principal office of The First National Exchange Bank of Virginia, in Roanoke, Virginia. 3. That the Council of the City of Roanoke covenants that, during the entire life of the said issue, all revenues derived from the City's operation and ownership of its sewage treatment system will be segregated and kept segregated from other City funds, and that the rates or other charges to users for the service and facilities furnished by or for the use of or in conjunction with such undertaking shall be fixed and maintained at a level that will produce sufficient revenue to pay the cost of operation and administration of said City's sewage treatment system, the cost of insurance against loss by injury to persons or property, and the interest on and the principal of the bonds as they respectively become due and payable and to provide such reserves as may be required for such purposes, and that said revenues will be applied to the extent necessary to meet the payment of the principal of and interest on said bonds as the same become due; so as, under the requirements of ~10. (a) (2) of Article VII of the Constitution of Virginia, to prevent said bonds from being included in determining the limitation of the power of the City to incur indebtedness. 4. That the Director of Finance be, and he is hereby directed to cause said bonds to be printed which, with the coupons attached thereto, shall be in substantially the following form, to-wit: 433 :43 4 NUMBER UNITED STATES OF AMERICA STATE OF VIRGINIA NUMBER $5,000 $5,000 CITY OF ROANOKE Sewage Treatment System Bond Series "ST-3" KNOW ALL MEN BY THESE PRESENTS, that the CITY OF ROANOKE, a municipal corporation created and organized under the laws of the State of Virginia, for value received, acknowledges itself indebted and promises to pay to the Bearer hereof, the sum of FIVE THOUSAND DOLLARS ($5,000), payable in lawful money of the United States of America, on the day of , 19 , at the principal office of the Bankers Trust Company, in New York, New York, or at the holder's option, at the principal office of The First National Exchange Bank of Virginia, in Roanoke, Virginia, with interest at the rate of per centum ( %) per annum, payable semiannual ly on the 15th day of April and the 15th day of October of each year said bonds shall be outstanding upon the surrender of the respective coupons attached hereto as they severally become due. This bond, which is one of an issue of 1,000 bonds of similar date and denomination, numbered from 1 to 1,000, inclusive, and payable in numerical order $250,000 bonds on April 15th of each of the years 1976 to 1995, inclusive, without option of prior redemption, is issued for the purpose of providing funds to defray the cost to the City of Roanoke of needed public improvements, to-wit: additions, betterments and extensions of and to the City's sewage treatment plant and of its sanitary sewer system, including the acquisition of land, easements, rights-of-way and other rights in property related thereto, in pursuance of an ordinance of the Council of the City of Roanoke, Virginia, adopted on the 4th day of October, 1971, (No. 19898), and ratified by a majority of the qualified voters of said City voting at an election duly and legally called, held and conducted on the 2nd day of November, 1971, and under and in pursuance of the Constitution and statutes of the State of Virginia, including, among others, an Act of the General Assembly of Virginia, approved on the 7th day of March, 1952, entitled "An Act to provide a new charter for the City of Roanoke; and to repeal Chapter 473 of the Acts of Assembly of 1924, approved March 22, 1924, which provided a new charter for said city, and all amendments thereof", as amended; and this bond shall be exempt from all municipal taxation of said City. The full faith and credit of the City of Roanoke are hereby irrevocably pledged for the payment of the principal of and interest on this bond. The principal and interest hereof shall be payable from ad valorem taxes on all the property in the City of Roanoke subject to taxation by the City without limitation of rate or amount if the revenues of the sewage treatment plant and sanitary sewer system of the City are or will be insufficient for that purpose; and the City of Roanoke covenants that, during the entire life of the said issue, all revenues derived from the City's operation and ownership of its sewage treatment system will be segregated and kept segregated from other City funds, and that the rates or other charges to users for the service and facilities furnished by or for the use of or in conjunction with such undertaking shall be fixed and maintained at a level that will produce sufficient revenue to pay the cost of operation and administration of said sewage treatment system, the cost of insurance against loss by injury to persons or property, and the interest on and the principal of bonds issued therefor as they respectively become due and payable and to provide reserves for such purposes, and that said revenues will be applied to the extent necessary to meet the payment of the principal of and interest on all bonds issued on account of the undertaking as the same become due; so as, under the requirements of ~i0. (a) (Z) of ~rsicle VII of the Constitution of Virginia, to prevent said bonds from being included in determining the limitation of the power of the City to incur indebtedness. 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 State of Virginia, and the charter and ordinances and resolutions of the City of Roanoke authorizing the same; and that all acts, conditions and things required to exist, happen and be performed precedent to and in the 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 said CITY OF ROANOKE has authorized and caused this bond to be signed in its name and on its behalf by the facsimile signature of its Mayor and a facsimile of the said City's corporate seal to be made to appear hereon, attested by the facsimile signature of its City Clerk, and to be authenticated by the manual signature of the City Treasurer, and the coupons hereto attached to be signed in its name and on its behalf by the facsimile signature of the City Treasurer, and this bond to be dated the 15th day of April, 1975. 435 436 ATTEST: City Clerk City of Roanoke Seal CITY OF ROANOKE, By Mayor City Treasurer (FORM OF COUPON) NO. $ On the day of , 19 , the CITY OF ROANOKE, Virginia, will pay to the Bearer at the principal office of the Bankers Trust Company, in New York, New York, or at the holder's option, at the principal office of The First National Exchange Bank of Virginia, in Roanoke, Virginia, DOLLARS ($ ), being the semiannual interest then due on its Sewage Treatment System Bond, dated the 15tk day of April, 1975. SERIES "ST-3" CITY OF ROANOKE, By No. City Treasurer 4. 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 ten (10) 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 advertisemer shall be prescribed by the Director of Finance. 5. On the filing information of the printed bonds space shall be provided for the insertion of CUSIP identification numbers. Should the purchaser 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 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 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 extending 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 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. 6. Said bonds shall be delivered on April 15, 1975, or as soon thereafte as the bonds may be prepared; and accrued interest shall be paid the City from the date of said bonds to date of delivery of the same; and the net proceeds from such sale shall be used to defray the cost to the City of additions, bettermen and extensions of and to the City's sewage treatment plant and of its sanitary sewer system, including the acquisition of land, easements, rights-of-way and other rig~xts in property related thereto, and for no other purpose. 7. The full faith and credit of the City of Roanoke is hereby irrevocabl pledged to the payment of the principal of and interest on said bonds, and the principal of and interest on said bonds shall be payable from ad valorem taxes on all the property in the City of Roanoke subject to taxation by said City without limitation of rate or amount if the revenues of the aforesaid sewage treatment plant and sanitary sewer system of the City are or will be insufficient for that purpose. 8. 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 437 ~S 438 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of February, 1975. No. 22095. AN ORDINANCE providing for the execution of a certain Paying Agency Agreement between the City of Roanoke, as principal, and The First National Exchange Bank of Virginia and Bankers Trust Company, of New York, New York, as fiscal agents of the City, relating to the City's payment of the bonds authorize by Ordinance Nos. 19898 and 20480, and of the interest coupons maturing on said bonds; and providing for the periodical destruction of the aforesaid bonds and interest coupons and certification of the facts of such payment and destruction in the manner and form provided in ~15.1-184.1 of the 1950 Code of Virginia, as amended; and providing for an emergency. WHEREAS, there are to be advertised for sale the City's bonds authorized by Ordinance Nos. 19898 and 20480, bids for the purchase of which are intended to be considered by the Council at a Special Meeting to be held on March 11, 1975, which bonds, if sold, will be issued under date of April 15, 1975; 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 Bankers Trust Company, in New York City, or, at the option of the holder, at the principal office of The First National Exchange Bank of Virginia, in Roanoke, 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 §15.1-184.1 of the 1950 Code of Virginia, as amended, with The First National Exchange Bank of Virginia providing for said bank's periodical destruction of the bonds and coupons paid by each aforesaid bank as paying agents of 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 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 The First National Exchange Bank of Virginia, and Bankers Trust Company, of New York, New York, designating each aforesaid bank as a paying agent of the City for the purpose of payment of the City's bonds and interest coupons attached thereto authorized by Ordinance Nos. 19898 and 20480, and providing, further, for the periodical destruction of the aforesaid bonds and interest coupons by The First National Exchange Bank of Virginia and certification of the facts of such payment and destruction in the form provided in §15.1-184.1 of the 1950 Code of Virginia, as amended, which said agreement shall be substantially in the following words and figures, viz: 439 "PAYING AGENCY AGREEMENT This Agreement made this day of February, 1975, between the City of Roanoke, Virginia, party of the first part, and The First National Exchange Bank of Virginia, with its principal office located in the City of Roanoke, Virginia, party of the second part, W I TN E S S E TH: Whereas, the party of the first part contemplates the issuance of the bonds authorized by Ordinance Nos. 19898 and 20480 and more particularly described in Resolution Nos. 22093 and 22094, of its City Council to which resolutions reference is hereby made for more complete description of the amounts of 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 Roanoke, Virginia, and the principal office of Bankers Trust Company, in New York, New York, as alternate places of payment of the principal of and interest on the aforesaid bonds, and further desires to make the party of the second part and said Bankers Trust Company co-paying agents of tke City for the payment of aaid 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 Bankers Trust Company: 1. That the party of the second part shall maintain on deposit with Bankers Trust Company in its account with said bank funds sufficient to meet such of said obligations as may be presented for payment to said Bankers Trust Company; and 2. Upon the presentation and surrender of any of said obligations at maturity to the Bankers Trust Company 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. The party of the first part shall always maintain on deposit in its accounts with the party of the second part sufficient monies to meet the payment of the principal of and interest on its said obligations payable at the offices of the aforesaid co-paying agents; and 440 2. 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 first part shall, immediately upon receiving notice from the party of the second part, reimburse it for all bonds and coupons paid directly by it or charged to its account with Bankers Trust Company. 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 Bankers Trust Company, periodicall' destroy the bonds and coupons by burning or complete mutilation and make certifica~ thereof in triplicate to the City's Director of Finance in the form prescribed in ~15.1-184.1 of the 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 full compensation to the co-paying agents and to each of them for their services as fiscal agents of the City hereunder the following: $1.10 per $5,000 of bonds paid on behalf of the City; $.10 (ten cents) per interest coupon paid on behalf of the City; and $.10 (ten cents) per $5,000 bond and $.05 (five cents) per interest coupon for each such bond and interest coupon periodically destroyed by the party of the second part in accordance with the provisions of the next pre- ceding paragraph hereof; and the party of the second part shall pay to Bankers Trust Company its fee for services as co-paying agent in accordance with said Bank's commitment to said party of the second part. This agreement shall take effect immediately. This agreement shall not prevent the party of the second part or Bankers Trust Company 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 triplicate the day and year first above written. ATTEST: CITY OF ROANOKE: City Clerk ATTEST: By: Mayor THE FIRST NATIONAL EXCHANGE BANK OF VIRGINIA, By: ion 44.1 APPROVED AND AGREED: BANKERS TRUST COMPANY, By: BE IT FURTHER ORDAINED that an emergency exists and that this ordinance be in force and effect upon its passage. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of February, 1975. No. 22096. A RESOLUTION providing for a Special Meeting of the Council to be held on Tuesday, March 11, 1975, at 12:00 o'clock, Noon, Eastern Daylight ~ime. 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 Time, on Tuesday, March 11, 1975. 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 Time, on Tuesday, March 11, 1975, in the Council Chambers in the Municipal Building, for the purpose of receiving, opening and considering bids made to the City for the purchase of $10,000,000 Public Improvement Bonds of the City of Roanoke authorized by Resolution No. 20480; and for the purchase of $5,000,000 Sewage Treatment System Bonds of said City authorized by Resolution No. 19898; and for the purpose of taking such action in the premises as the Council may then be advised. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of February, 1975. No. 22097. AN ORDINANCE to amend and reordain Section #889, "Transfers Within the Capital Improvements Fund," of the 1974-75 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 Within the Capital Improvements Fund," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL IMPROVEMENTS FUND #889 Southwest Storm Drain (1) ................. $ -0- Springhill Storm Drain (2) ................ $ -0- Lee Property (3) .......................... $28,184.00 (1) Net decrease ................. $24,888.66 (2) Net decrease ................. $ 3,295.34 (3) Net increase ...... $28,184.00 BE IT FURTHER ORDAINED tkat, an e~ergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of February, 1975. No. 22098. AN ORDINANCE authorizing the City's purchase of a 10-foot wide strip or parcel of land in the City, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City needs the property hereinafter described and the owner is agreeable to sell same for a purchase price of $28,184.00, cash, which is recommended by the City Manager to be accepted; and WHEREAS, for the usual daily operation of the municipal government, it is necessary that this ordinance take effect immediately upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be and they are hereby authorized and directed, acting for and on behalf of the City, to accept the offer of Anita Durham Lee to sell 443 and convey to the City a 10-foot wide strip or parcel of land, being a southerly part of Official No. 1011603 on the Tax Appraisal Map of the City, being more particularly described as follows: BEGINNING at the northeasterly corner of Church Avenue and 2nd Street, S.W.; thence, with the easterly line of Second Street, S.W., N. 8 deg. 00' 29" W., 10.13 feet to a point; thence, with a new line through the property of Anita Durham Lee, said new line being 10 feet from and parallel to the northerly line of Church Avenue, S. W., S. 88 deg. 45' 17" E., 108.43 feet to an alley; thence, with said alley 10.13 feet to Church Avenue, S. W.; thence, with Church Avenue, S.W., N. 88 deg. 45' 17" W., 108.43 feet to the PLACE OF BEGINNING and containing 1084 square feet, more or less, for a consideration of $28,184.00, cash, and upon delivery to the City of a good and sufficient deed of conveyance, drawn and approved as to form and sufficiency by the City Attorney, and upon certification of the title thereto by said Attorney, the Director of Finance be, and he is hereby authorized and directed to make payment to said owner or to such persons as are certified by the City Attorney to be entitled to such payment or portions thereof, the cash consideration aforesaid. ~ IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of February, 1975. No. 22099. AN ORDINANCE accepting a proposal for the establishment of a credit card system at the Roanoke Civic Center upon certain terms and conditions by accepting a certain bid made to the City therefor; rejecting other bids made to the City; authorizing the execution of the appropriate agreement relative to the establishment of the credit card system; and providing for an emergency. WHEREAS, at a meeting of the Council held on February 10, 1975, and after due and proper public advertisement had been made therefor, certain bids for the establishment of a credit card system hereinafter described were opened and read before the Council, whereupon, all 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 4'4:4 WHEREAS, said committee has reported to the Council in writing its tabulation and recommendations on said bids, from which it appears to the Council that the proposal hereinafter accepted represents the lowest and best bid meeting all the requirements of the City for the aforesaid credit card system and should be accepted; 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 that the bid of First National Exchange Bank of Virginia to furnish the Bank- Americard credit card system with training, installation, and service to be provided by BankAmericard representatives and with a 1.75 percent merchant dis- count rate to be charged to the City, and said bid is hereby ACCEPTED; and the City Manager be, and he is hereby authorized to enter into the appropriate agreement, upon form approved by the City Attorney, between the City and the First National Exchange Bank of Virginia, which agreement will include, but will not be limited to, provisions for the 1.75 percent discount rate; the checking by the Civic Center employees on the validity and currency of credit cards; the indei~ification by the City for any claim relating to any sales draft pur- chase~ by the First National Exchange Bank interposed by way of defense, dispute, offset or counterclaim; the right of said Bank in the case of any inaccuracies to charge or credit the City's account, without notice, for any deficiencies or overages; and the right of either party to terminate the agreement at any time upon written notice. BE IT FURTHER ORDAINED that the other bids made to the City for the establishment of a credit card system at the Roanoke Civic Center, and said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bid. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor 445 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of March, 1975. No. 22087. AN ORDINANCE permanently vacating, discontinuing and closing a portion of First Street, S. E., extending in a northerly direction approximately 167.51 feet from its intersection with Albemarle Avenue and a certain alleyway approxi- mately 10 feet in width extending in a southerly direction 234.29 feet from Highland Avenue (both the street and alleyway parallel Jefferson Street), in the City of Roanoke, Virginia. WHEREAS, Fulton-White Truck Company, Incorporated, has heretofore filed its application to the Council of the City of Roanoke, Virginia, in accord- ance with law, requesting the Council to pe~anently vacate, discontinue and close a portion of First Street, S. E., extending in a northerly direction approxi- mately 167.51 feet from its intersection with Albemarle Avenue and a certain alleyway approximately 10 feet in width extending in a southerly direction 234.29 feet from Highland Avenue (both the street and alleyway parallel Jefferson Street), more particularly hereinafter deacribed; and Wh~AS, Fu~on-wnite ~ruck Company, Incorporated, did on November 15, 1974, 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 Sergeant 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. 21916, dated November 25, 1974, to view said street and alleyway and to report in writing whether or not in their opinion any inconvenience would result from fore, ally vacating, discontinuing and closing said portion of the street and alleyway; and WHEREAS, it appearing from the written report of the viewers dated December 27, 1974, and filed with the City Clerk on December 31, 1974, that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing permanently said street and alley portions; and WHEREAS, Council at its meeting on Noven%ber 25, 1974, referred said application to the City Planning Commission, which commission by its report filed with the City Clerk on January 16, 1975, recon%mended that said street and alley portions be permanently vacated, discontinued and closed; and -446 WHEREAS, a public hearing was held on said application before the Council at its regular meeting on February 24, 1975, 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 applica- tion; 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 street and alley portions, as applied for by Fulton-White Truck Company, Incorporated. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the portion of First Street, S. E., extending in a northerly direction approximately 167.51 feet from its intersection with Albemarle Avenue and a certain alleyway approximately 10 feet in width extending in a southerly direction 234.29 feet from Highland Avenue (both the street and alleyway parallel Jefferson Street), which are more particularly described as follows: PARCEL I (Portion of First Street to be Vacated) BEGINNING at a point on the northerly line of Albemarle Avenue, said point being ~. 89 deg. QG' 3Q" E. 322.49 feet along the northerly line 'of Albemarle Avenue from its intersection with the easterly line of Jefferson Street; thence along the easterly line of Lot 10, Block 10, according to the official Survey $.E. 3, N. 6 deg. 38' 07" E. 167.50 feet to a point; thence leaving sa~d line of Lot 10, S. 89 deg. 0Q' 30" E. 50.24 feet to a point; thence S. 6 deg. 38' 08" W. 167.51 feet to a point on the northerly line of Albemarle Avenue; thence with the northerly line of Albemarle Avenue N. 88 deg. 59' 27" W. 50.24 feet to the PLACE OF BEGIN- NING, as more particularly shown on plat dated November 6, 1974, prepared by Buford T. Lumsden & Associates, C.L.S., showing the portion of First Street to be vacated. PARCEL II (Ten Foot Alleyway to be Vacated) BEGINNING at a point on the southerly line of Highland Avenue, S. E., said point being S. 89 deg. 13' 56" E. 113.97 feet along the southerly line of Highland Avenue from its intersection with the easterly line of Jefferson Street; thence with the easterly lines of Lots 1, 2, 3, and 4, Block 10, according to the Official Survey S.E. 3, S. 6 deg. 31' 11" W. 234.29 feet to the center line of an alley- way which was vacated by Ordinance No. 17048 (June 13, 1966); thence with the center line of said vacated alley S. 89 deg. 00' 30" E. 10.04 feet to a point; thence along the westerly line of Lot 7, Block 10, according to the aforesaid survey N. 6 deg. 31' 11" E. 234.33 feet to a point on the southerly line of Highland Avenue; thence with the southerly line of Highland Avenue, N. 89 deg. 13' 56" W. 10.04 feet to the PLACE OF BEGINNING; also as shown on plat dated November 6, 1974, prepared by Buford T. Lumsden & Associates, C.L.S., showing the ten foot alleyway to be vacated. be, and they hereby are, permanently vacated, discontinued and closed as a public street and 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 empowered so to do, reserving, however, unto the City of Roanoke an easement for any sewer lines or water mains and other public utilities that may now be located across said street and alley portions; together with the right of ingress and egress for the maintenance of such lines, mains or utilities. 44 7 BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on said street and alley portions on all maps and plats on file in his office on which said street and alley portions are shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance 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 indexing the same in the name of the City of Roanoke, Virginia, as Grantor and in the name of any party in interest who may request as Grantee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of March, 1975. No. 22088. 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. 264, 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 4.45 acre parcel of land located at the intersection of Salem Turnpike and Westwood Boulevard, N. W., Official Tax No. 2640304, rezoned from RS-3, Single-Family Residential District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RS-3, Single-Family 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 4'48 WHEREAS, the hearing as provided for in said notice was held on the 24th day of February, 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. 264 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located at the intersection of Salem Turnpike and Westwood Boulevard, N. W., described as 4.45 acre parcel, designated on Sheet 264 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 2640304, be, and is hereby, changed from RS-3, Single-Family Residential District, to LM, Light Manufacturing District, and that Sheet No. 264 of the aforesaid map be changed in this respect. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of March, 1975. No. 22101. AN ORDINANCE to amend and reordain the City of Roanoke's 1974- 75 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 Grant Program Account, be, and the same is hereby, amended and reordained to read as follows, in part: GRANT #74-A2625, Juvenile and Domestic Relations District Court Personnel #928 (1) .......................... $77,497.00 (1) Net decrease $11,474.00 4.49 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of March, 1975. No. 22102. AN ORDINANCE to amend and reordain the City of Roanoke's 1974-75 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 Grant Program Account, be, and the same is hereDy, amended and reordained to read as follows, in part: GRANT NO. 982 - COMPREHENSIVE EMPLOYMENT AND TRAINING ACT C.E.T.A ............................. $200,716.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE S T: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of March, 1975. No. 22103. A RESOLUTION authorizing the filing of an application with the United States Department of Housing and Urban Development for a grant of Federal funds to permit of implementing and carrying out a Community Development Block Grant Program. WHEREAS, under the terms of the Housing and Community Development Act of 1974, Public Law 93-383, the Congress of the United States has authorized 450 the making of grants to public bodies to aid in financing identified community development needs, both as to short-term and long-term objectives; and WHEREAS, the City of Roanoke needs Federal assistance to finance certain short-term and long-term programs having housing needs, neighborhood improvements, economic development and management and control of community development programs as their objectives, and said City desires to make 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 grant of $2,629,000 of Federal funds under Public Law 93-383 to aid in financing a community development block grant program as exhibited to the Council on Federal Form OMB No. 63- R1471, prepared for the purposes of such application; and, in making such applicati¢ said City Manager is hereby authorized and directed to make and execute on behalf of the City all understandings and assurances contained in the aforesaid application and attachments thereto; and said City Manager is hereby designated representative of tke City of Roanoke to act in connection with said application, and is directed to provide such additional information as may be required. ATTEST: APPROVED City Clerk Mayor CERTIFICATE I, the undersigned Mary F. Parker, being the dul~ qualified and acting City Clerk of the City of Roanoke, Virginia, do hereby certify that the attached resolution is a true and correct copy of Resolution No. ~Z/~3 , of the Council of the City of Roanoke, authorizing the filing of application with the United States Department of Housing and Urban Develop- ment for grant of certain Federal funds, which said resolution was regularly adopted at a legally convened meeting of the Council of the City of Roanoke, duly held on the ~Ah. day of ~ ~k_ , 1975; and I do further certify that such resolution has been fully recorded in the journal of the proceedings and records of the said Council maintained in my office .of City Clerk. day of In Witness Whereof, I have hereunto set my hand this 5 ~ ~~ ~' Clerk n, 451 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of March, 1975. No. 22104. AN ORDINANCE to amend and reordain Section #477, "Civic Center," of the 1974-75 Civic Center Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #477, "Civic Center," of the 1974-75 Civic Center Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER #477 City of Roanoke Supplement (1) ...... $451,700.00 (1) Net increase ......... $219,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of March, 1975. No. 22105. AN ORDINANCE to amend and reordain Section #440, "Civic Center," of the 1974-75 Civic Center Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #440, "Civic Center," of the 1974-75 Civic Center Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER #440 Contractual Services (1) ......... $17,700.00 (1) Net increase ........ $11,500.00 45,2 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of March, 1975. No. 22106. AN ORDINANCE providing certain modifications of certain provisions of Ordinance No. 22090, providing for the City's purchase from Roanoke City Lines, Inc., of certain land and improvements situate in the City of Roanoke; and providing for an emergency. WHEREAS, in authorizing the City's purchase of certain land and improveme from Roanoke City Lines, Inc., for a consideration of $275,000, Ordinance No. 22090 provided that, the purchase obligation becoming operative, payment therefor be made by the City upon delivery to it of the deed of conveyance and on such date as the sale of the personal property and assets of Roanoke City Lines, Inc., to Greater Roanoke Transit Company is finally closed, at which such time possession of the land and improvements would be delivered to the City of Roanoke; and WHEREAS, the City desires to have possession of all such land and improvements at the same time that Greater Roanoke Transit Company shall take over possession and commence use and operation of the buses and other physical assets, but not the land, of Roanoke City Lines, Inc.; and this Council deems it necessary to modify those provisions in Ordinance No. 22090 which relate to payment of the consideration for said land and as to the time at which possessio thereof will be delivered to the City; and WHEREAS, the purchase agreement referred to in Ordinance No. 22090 has not yet been entered into between the parties; and WHEREAS, for the usual daily operation of the municipal government, this ordinance should take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the provisions contained in Ordinance No. 22090, providing for the City's purchase from Roanoke City Lines, Inc., of certain land and improvements and relating, expressly, to the time and manner in which the $275,000 purchase price be paid and to the time at which possession of the property shall be delivered to the City, be modified so as to provide that the City of Roanoke shall pay to Roanoke Its 453 City Lines, Inc., on the day that Greater Roanoke Transit Company shall take over possession of and commence to operate the buses and public bus transportation system of Roanoke City Lines, Inc., twenty per cent, (20%), of the $275,000 consideration to be paid for the purchase of said land and improvements, being $55,000, cash, and shall at that time acquire full right of possession, use and occupancy of all of the same and that, thereafter and on the day that Greater Roanoke Transit Company shall make final closing with Roanoke City Lines, Inc., and shall fully pay for the buses and other physical assets and business which it shall have acquired from said other company, the City, upon delivery to it of the deed of conveyance described in Ordinance No. 22090, shall pay to Roanoke City Lines, Inc., the remaining eighty per cent, (80%), of said purchase price, namely, the sum of $220,000, cash; all other terms and provisions of Ordinance No. 22090 to remain as provided therein. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance be effective upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of March, 1975. No. 22108. A RESOLUTION temporarily changing the place of the regular meetings of the Council of the City of Roanoke. WHEREAS, the daily use of the Council Chambers and other areas on the fourth floor of the Municipal Building has been set aside for the conduct of business of certain of the Courts, commencing on the 17th day of March, 1975, and it is uncertain at this time how long such use will be needed by the Courts. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the regular meetings of the Council provided to be held on Monday of each week shall, as for the meeting to be held on Monday, March 17, 1975, at 2:00 o'clock p.m., and for each regular meeting thereafter until otherwise provided by resolution of the Council, be held in Room 157-159 on the first floor of the Municipal Building at 215 Church Avenue, S. W., in the City. ATTEST: APPROVED City Clerk Mayor 454 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of March, 1975. No. 22109. AN ORDINANCE to amend and reordain Section #90, "Sewage Treatment Fund," of the 1974-75 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 #90, "Sewage Treatment Fund," of the 1974-75 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND #90 Temporary Loans (1) .................... $5,000,000.00 Interest on Temporary Loan (2) ......... 62,000.00 (1) Net increase $5,000,000.00 (2) Net increase 62,000.00 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 3rd day of March, 1975. No. 22110. AN ORDINANCE authorizing the engagement of the services of a consultant to make study, report and recommendations on the overall management and operation of the Roanoke Civic Center, upon certain terms and conditions; and providing for an emergency. WHEREAS, the Roanoke Civic Center and Stadium Advisory Commission has proposed, the City Manager concurring, that the services of the consultant hereinafter named be engaged by the City for the purpose of studying the present policies and systems of managing and operating the Roanoke Civic Center and to make report thereon and recommendations to the Council; and WHEREAS, funds sufficient to pay the cost of such services have been appropriated and are available for the purpose; and 455 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 to engage in writing the services of Mr. Robert H. Kent, of Sarasota, Florida, as consultant to the City, to study and analyze all phases of the current policies and systems of management and operation of the Roanoke Civic Center, within such scope and in such detail as may be specified by the City Manager in the agreement to be entered into, and to make written report thereon to the Council with such specific recommendations by the consultant of such management and operational changes as would promote the better and more economical use of said facility by the City; the consultant to be compensated the sum of $10,000.00, cash, plus actual costs of travel, housing, subsistence and related out-of-pocket expenses, all of which shall not exceed the sum of $1,500.00, payments to the consultant to be made by the City upon receipt of billings therefor approved by the City Manager. 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 10th day of March, 1975. No. 22100. AN ORDINANCE permanently vacating, discontinuing and closing certain airspace over an alley, being the southerly four feet eight inch portion thereof, beginning fourteen feet six inches above the present ground level and extending in a westerly direction 254 feet from a point seventeen feet four inches west of the west line of 1st Street, S. W., in the City of Roanoke, Virginia, as shown on Sheet No. 1. S.W. Section of the Official Survey and Map of Roanoke, Virginia, on file in the Office of the City Engineer. WHEREAS, the Council has heretofore, by its own motion proposed the permanent closing, vacating, and discontinuing of the airspace hereinafter described and did, by Resolution No. 22045, appoint viewers to view said air- space and to report to the Council as provided by law; and 456 WHEREAS, Messrs. Harry W. Whiteside, Jr., Dewey H. Marshall and M. Dale Poe, 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 airspace and have reported to the Council in writing under date of February 27, 1975, that in their opinion such incon- venience as would result, either to any individual or to the public, from per- manently vacating, closing and discontinuing said airspace over said alley is not irreparable and such damage as would result could be recompensed by the payment of money; and the City Planning Commission has recommended to the Council in writing that said airspace be permanently vacated, closed and dis- continued; and WHEREAS, at a public hearing on the question of the closing of said street, held at the Council meeting on the 3rd day of March, 1975, at 2:00 p.m., in the Council Chambers, after due and timely notice of such public hearing pub- lished 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 such inconvenience as would result, either to any individual or to the public, from permanently vacating, closing and discontinuing that portion of the airspace described in the aforesaid resolution and in said Report of Viewers and hereinafter described, is not irreparable and any damage which would result can and will be recompensed by the payment of money by the City, and that the same should be permanently vacated, closed, and discontinued, 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 the airspace over that alley situate in the City of Roanoke, to-wit: The airspace starting at and extending above fourteen feet six inches over the existing surface of that southerly four foot eight inch portion of the public alley running in an east- west direction through Block 12 as shown on Sheet No. 1, S.W. Section of the Official Survey and Map of the City of Roanoke and extending from a line in said alley seventeen feet four inches westerly from and parallel to the west line of 1st Street, S. W., in a westerly direction above said alley two hundred fifty-four feet, as said portion of said alley is shown on "Plot Plan Showing Projection of Parking Garage over Alley and Encroachment of Foundations into Streets and Alleys" prepared by Frantz & Chappelear, Architects, dated January 10, 1975, be, and is hereby permanently VACATED, DISCONTINUED and CLOSED, and that all right, title and interest of the public in general in and to such airspace over said alley as public airspace of the city, is hereby terminated and released in- sofar as this Council is empowered so to do. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to mark "permanently vacated, discontinued and closed" that portion of 457 said airspace over said alley herein vacated on all maps and plats in his office, referring to the book and page of resolutions and ordinances of the Council of the City of Roanoke wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk forthwith deliver to the Clerk of the Circuit Court of the City of Roanoke an attested copy of this ordinance in order that the same be recorded in said lastmentioned Clerk's Office and be 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 that portion of the airspace over said alley 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 $50.00 to each of the following named viewers who have acted in this matter in payment for their services, viz: Harry W. Whiteside, Jr., Dewey H. Marshall and M. Dale Poe; the Council, further, does hereby 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 10th day of March, 1975. No. 22107. AN ORDINANCE authorizing the City's lease of certain land and improve- ments thereon, when acquired by the City, to Greater Roanoke Transit Company, upon certain terms and conditions. WHEREAS, the Council has heretofore authorized the City's acquisition from Roanoke City Lines, Inc., of certain land and improvements thereon situate south of Campbell Avenue, S. E., in the East Side Addition of the City, all of which land and improvements are used and employed by Roanoke City Lines, Inc., in the operation of its local bus transportation system in the City and surrounding areas, which said bus transportation system is, but not said land, intended to be acquired by Greater Roanoke Transit Company simultaneously with the City's taking possession of the aforesaid land and improvements; and 458 WHEREAS, Greater Roanoke Transit Company desires to occupy and use said land and improvements for conduct and operation of its urban mass transportatio~ system under the terms of a lease to be entered into with the City. 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, at such time as the City of Roanoke shall have acquired possession from Roanoke City Lines, Inc., of the real estate and improvements set out and described in Ordinance No. 22090, as amended, 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 tke City ~anage~, 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 apace ia available to the lessee for its use in the provision of mass transportation services in the Roanoke urban area. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of March, 1975. No. 22111. AN ORDINANCE to amend and reordain Section #889, "Transfers to Capital Improvements Fund," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 School Buses (1) ..................... $394,166.16 Vocational Technical Center (2) ...... $183,833.84 (1) Net increase ............. $394,166.16 (2) Net decrease $394,166.16 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of March, 1975. No. 22112. AN ORDIN~qCE to amend and reordain Section #664, "Buildings Maintenance," of ~ne '~974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: BUILDINGS MAINTENANCE #664 Maintenance of Buildings, Property and Equipment (1) ................. $672,735.00 (1) 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 10th day of March, 1975. No. 22113. A RESOLUTION authorizing certain payments to be made to Greater Roanoke Transit Company out of funds heretofore appropriated by the Council for urban mass transit purposes. WHEREAS, funds for capital expenditures have heretofore been appropriated by the Council for the purpose of a local bus transportation system to Capital Account 99392 and other funds for operation costs attendant upon such purpose have been appropriated to Account 896, for Transportation, and there are unexpended funds in each said account sufficient to make payment of the sums hereinafter specified; and WHEREAS, the City has caused to be created and organized, and owns the Greater Roanoke Transit Company, which intends to purchase and acquire a local bus transportation system and to commence operation thereof on or about March 23, 1975; and WHEREAS, this resolution is incidental to and carrie~ out the purpose of the ordinance or ordinances making the aforesaid appropriations. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Director of Finance be and is hereby authorized and directed to pay to Greater Roanoke Transit Company, as and when requested by or needed for the purposes of said company, the following sums, viz: (a) $98,866.00, to be paid from the City's Capital Account 99392 - Local Bus Transit System, to be used by Greater Roanoke Transit Company as part payment to Roanoke City Lines, Inc., for purchase of a bus transportation system; and (b) $35,000.00, from the City's account 896 - Transportation, to be used by said Greater Roanoke Transit Company for certain operating expenses attendant upon said company's operation of said bus transportation system following acquisition thereof. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of March, 1975. No. 22114. A RESOLUTION approving a schedule of fares to be charged passengers using the urban mass transportation system proposed to be operated in the City by Greater Roanoke Transit Company. WHEREAS, Greater Roanoke Transit Company, organized and incorporated by the City of Roanoke as an agency to provide urban mass transportation facilities and services within the City and surrounding areas in the Roanoke Valley, intends to take over and commence its operation of urban mass transportation on or about the 23rd day of March, 1975, and has proposed the schedule of fares hereinafter set out, requesting that the Council approve the same, to be effective upon the date of the acquisition of a transit system by said Company. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth hereby approve the following schedule of fares to be charged and collected from passengers using the urban mass transportation system of Greater Roanoke Transit Company upon and after t~e date of tke acquisition of such transit system by said Company, viz: Base Fare 10-ride ticket Weekly pass School fare Transfer Zone charges on Hollins College-Cloverdale and Salem-Glenvar Routes Fare $ .30 2.50 4.50 2/.35 Free .10 BE IT FURTHER RESOLVED that a one-half base fare for the elderly (aged 65 or more) during non-peak hours of operation shall become effective on the aforesaid date of acquisition or as soon thereafter as practicable to said Company; and that a one-half base fare for the handicapped be implemented by said Company as soon as practicable to said Company following the date of acquisition of said transit system. BE IT FURTHER RESOLVED that an attested copy of this resolution be transmitted by the City Clerk to the President of Greater Roanoke Transit Company. APPROVED ATTEST: City Clerk Mayor 462 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of March, 1975. No. 22115. AN ORDINANCE providing certain further modifications of provisions contained in Ordinance No. 22090, providing for the City's purchase from Roanoke City Lines, Inc., of certain land and improvements situate in the City of Roanoke; and providing for an emergency. WHEREAS, Ordinance No. 22090 authorized the City's purchase of certain real property from Roanoke City Lines, Inc., and provided, amongst other things, for payment therefor in lump sum but with possession to be later delivered to the City, and Ordinance No. 22106, modifying Ordinance No. 22090, made provision for partial payment of the consideration for said property and for possession thereof to be delivered to the City at the time of the first such payment; and WHEREAS, further modifications of certain of the express provisions of Ordinance No. 22090 have been recommended to the Council, in which recommendatior~ the Council concurs; and WHEREAS, for tke usual daily operation of tke municipal, government, this ordinance should take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the provisions contained in Ordinance No. 22090, providing for the City's purchase from Roanoke City Lines, Inc., of certain land and improvements, be further modified so as to provide that current taxes on said property be prorated between the parties and that the City shall assume full risk of loss of improvements on said properties as of the day that right of possession, use and occupancy of all said properties shall be delivered to the City. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall be effective upon its passage. APPROVED ATTEST: City Clerk Mayor 463 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of March, 1975. No. 22116. birthday. A RESOLUTION addressed to ISADOR (STEVE) BRODY on kis eighty-sixth WHEREAS, the Twelfth day of this month will mark the eighty-sixth birthday of ISADOR (STEVE) BRODY, a long-time resident of tkis City who, coming to this Country in 1906 and shortly thereafter acquiring citizenship, served with great personal pride in the American Expeditionary Forces abroad in World War I and, thereafter, has for all of his lifetime displayed the highest sense of patriotism and good citizenship, inculcating in many others a keener sense of the values of liberty under law and generously contributing to good causes from his own modest resources the most of his own funds and property; and WHEREAS, because of his many unostentatious acts and examples of patrioti~ good citizenship and love of humanity, he has heretofore been recognized and singled out by his Synagogue, by the Veterans Administration, by kis own military organizations, by youth and civic organizationa of tke City, and by the City wherein he resides, and this Council desires to again, on the occasion of his eighty-sixth birthday, recognize him as a valued citizen of this City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body, on its own behalf and on behalf of the citizens of the City of Roanoke, extends to STEVE BRODY, on the occasion of his eighty-sixth birthday, its acknowled( of his good acts and deeds done for his Country, this City and his fellow citizens and, offers to him its sincere wishes for a HAPPY BIRTHDAY on March 12, 1975, and on the anniversaries of that date to follow. BE IT FURTHER RESOLVED that an attested copy of this resolution be delivered to MR. BRODY, on his aforesaid birthday. APPROVED ATTEST: City Clerk Mayor nent 464 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of March, 1975. No. 22119. A RESOLUTION to sell to First National Exchange Bank and Associates $10,000,000 of Public Improvement Bonds, Series "A-5", of the City of Roanoke, Virginia, at the bid submitted; rejecting all other bids therefor; directing that the check accompanying the successful bid be deposited by the City Trea- surer and credit therefor be allowed on the purchase price of said bonds; and directing that the certified or cashier's check of all other bidders be forthwith returned. WHEREAS, by Resolution No. 22093, adopted by the Council of the City of Roanoke on the 24th day of February, 1975, the City Clerk was directed to advertise for bids for the sale of $10,000,000 of bonds authorized by the qualified voters of the City of Roanoke at an election held on the 7th day of November, 1972, to provide funds to defray the cost of needed permanent public improvements, to-wit: for its public schools and for certain other permanent public improve~ent~ including addition~, betterments, extensions and improvements of and to its municipal airport, its public buildings including its municipal courthouse building, libraries and fire stations, its systems of storm sewers, storm drains and sanitary sewers, its public streets, highways and bridges, a local bus transportation system to operate on regular schedules, and its parks and other recreational purposes, it being further provided by Resolution No. 22093 that said bids should be opened at twelve o'clock, Noon, Eastern Daylight Time, on the llth day of March, 1975, before the City Council; and WHEREAS, by Resolution No. 22096, adopted by the Council of the City of Roanoke on the 24th day of February, 1975, a special meeting of the Council of the City of Roanoke was provided to be held at twelve o'clock, Noon, Eastern Daylight Time, on TUesday, March 11, 1975, in the Council Chambers in the Municipal Building, for the purpose of receiving, opening and considering bids made to the City for the purchase of the $10,000,000 bonds, aforesaid, and for the purpose of taking such action in the premises as the Council might then be advised; and WHEREAS, due and proper advertisement of the City's offering for sale of the $10,000,000 bonds, aforesaid, described as City of Roanoke $10,000,000 Public Improvement Bonds, Series "A-5", has been made by the City Clerk, in manner and form and for the time prescribed in Resolution No. 22093, aforesaid; and WHEREAS, in accordance with the provisions of the City's advertisement that proposals would be received for the purchase of the whole, but not any part, of the aforesaid $10,000,000 Public Improvement Bonds, Series "A-5", five (5) bids were received as follows: BIDDER First National Exchange Bank and Associates Morgan Guaranty Trust Company of New York & Associates First National City Bank and Associates Chemical Bank, The Philadelphia National Bank, Goldman, Sachs & Company Halsey, Stuart & Co., Inc. (Affiliate of Bache & Co., Incorporated) and Associates AGGREGATE BID $10,003,496.00 10,000,655.00 10,000,000.00 10,000,095.00 10,002,500.00 COUPON EFFECTIVE RATE OR INTEREST RATES MATURITIES PREMIUM RATE 6.50% 1976-1984 6.40% 1985 5.60% 1986 5.70% 1987 5.80% 1988 5.90% 1989 6.00% 1990-1991 6.10% 1992 6.20% 1993 4.50% 1994-1995 6.50% 1976-1985 6.40% 1986 5.70% 1987 5.90% 1988 6.00% 1989 6.1Q% 1990 6.20% 1991 6.25% 1992 6.30% 1993 4.50% 1994-1995 6.50% 1976-1986 5.90% 1987-1988 6.00% 1989 6.10% 1990 6.20% 1991 6.25% 1992-1993 4.50% 1994-1995 6.25% 1976 6.50% 1977-1986 5.90% 1987-1988 6.00% 1989 6.10% 1990 6.20% 1991 6.25% 1992 6.30% 1993 4.50% 1994-1995 6.50% 1976-1986 6.10% 1987 5.80% 1988 6.00% 1989 6.10% 1990 6.20% 1991 6.25% 1992 6.30% 1993 4.50% 1994-1995 $3,496.00 5.8124% 655.00 5.9177% -0- 5.9307% 95.00 5.9337% 2,500.00 5.9378% and; 466 WHEREAS, the bid of First National Exchange Bank and Associates of $10,003,496.00, for $10,000,000 of City of Roanoke Public Improvement Bonds, Series "A-5", aforesaid, to bear interest coupons at the rate of 6.50% per annum on $4,500,000 of bonds maturing in the years 1976 to 1984, inclusive, 6.40% per annum on $500,000 of bonds maturing in the year 1985, 5.60% per annum on $500,000 of bonds maturing in the year 1986, 5.70% per annum on $500,000 of bonds maturing in the year 1987, 5.80% per annum on $500,000 of bonds maturing in the year 1988, 5.90% per annum on $500,000 of bonds maturing in the year 1989, 6.00% per annum on $1,000,000 of bonds maturing in the years 1990 to 1991, inclusive, 6.10% per annum on $500,000 of bonds maturing in the year 1992, 6.20% per annum on $500,000 of bonds maturing in the year 1993, and 4.50% per annum on $1,000,000 of bonds maturing in the years 1994 and 1995, inclusive, plus accrued interest to the City of Roanoke to date of delivery, is the best bid in the interest of the City of Roanoke, and in conformity with the printed notice of sale and official proposal form issued prior to such sale. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the bid of First National Exchange Bank and Associates of $10,003,496.00, for $10,000,000 public improvement bonds, to bear interest coupons at the rate of 6.50% per annum on $4,500,000 of bonds maturing in the years 1976 to 1984, inclusiv, 6.40% per annum on $500,000 of bonds maturing in the year 1985, 5.60% per annum on $500,000 of bonds maturing in the year 1986, 5.70% per annum on $500,000 of bonds maturing in the year 1987, 5.80% per annum on $500,000 of bonds maturing in the year 1988, 5.90% per annum on $500,000 of bonds maturing in the year 1989, 6.00% per annum on $1,000,000 of bonds maturing in the years 1990 to 1991, inclusive,~ 6.10% per annum on $500,000 of bonds maturing in the year 1992, 6.20% per annum on $500,000 of bonds maturing in the year 1993, and 4.50% per annum on $1,000,000 of bonds maturing in the years 1994 and 1995, inclusive, plus accrued interest to the City of Roanoke to the date of delivery, be, and the same is hereby ACCEPTED, and said bonds shall bear interest at the rates speci- fied by said bidder; and upon payment of the sum of money bid by First National Exchange Bank and Associates for said bonds, more accurately identified as $10,000,000 Public Improvement Bonds, Series "A-5", of the City of Roanoke, Virginia, dated April 15, 1975, the said bonds shall be delivered to the said bidder. BE IT FURTHER RESOLVED that all bids except the bid of First National Exchange Bank and Associates be, and they are hereby REJECTED. BE IT FURTHER RESOLVED that the $200,000 cashier's check accompanying the successful bid, in conformity with the printed notice and proposal for the sale of said bonds, be deposited by the City Treasurer and credit therefor be 467 allowed on the purchase price of the said bonds, and that the certified or cashier's check of all other bidders be forthwith returned. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of March, 1975. No. 22120. A RESOLUTION to sell to First National Exchange Bank and Associates $5,000,000 of Sewage Treatment System Bonds, Series "ST-3", of the City of Roanoke, Virginia, at the bid submitted; rejecting all other bids therefor; directing that the check accompanying the successful bid be deposited by the City Treasurer and credit therefor be allowed on the purckase price of said bonds; and directing that the certified or cashier's check of all other bidders be forthwith returned. WHEREAS, by Resolution No. 22094, adopted by the Council of the City of Roanoke on the 24th day of February, 1975, the City Clerk was directed to advertise for bids for the sale of $5,000,000 of bonds authorized by the qualified voters of the City of Roanoke at an election held on the 2nd day of November, 1971, to provide funds to defray the cost to the City of needed public improvements to-wit: additions, betterments and extensions of and to its sewage treatment plant and of its sanitary sewer system, including the acquisition of land, easements, rights-of-way and other rights in property related thereto, they being the bonds theretofore provided by Ordinance NO. 19898 of the Council to be sold and issued, it being further provided by Resolution No. 22094 that said bids should be opened at twelve o'clock, Noon, Eastern Daylight Time, on the llth day of March, 1975, before the City Council; and WHEREAS, by Resolution No. 22096, adopted by the Council of the City of Roanoke on the 24th day of February, 1975, a special meeting of the Council of the City of Roanoke was provided to be held at twelve o'clock, Noon, Eastern Daylight Time, on Tuesday, March 11, 1975, in the Council Chambers in the Municipal Building, for the purpose of receiving, opening and considering bids made to the City for the purchase of the $5,000,000 bonds, aforesaid, and for the purpose of taking such action in the premises as the Council might then be advised; and 468 WHEREAS, due and proper advertisement of the City's offering for sale of the $5,000,000 bonds, aforesaid, described as City of Roanoke $5,000,000 Sewage Treatment System Bonds, Series "ST-3", has been made by the City Clerk, in manner and form and for the time prescribed in Resolution No. 22094, aforesaid; and WHEREAS, in accordance with the provisions of the City's advertisement that proposals would be received for the purchase O~ tke ~b_ole, but not any part, of the aforesaid $5,000,000 Sewage Treatment System Bonds, Series "ST- 3'', five (5) bids were received as follows: COUPON RATE OR BIDDER AGGREGATE BID RATES MATURITIES PREMIUM EFFECTIVE INTEREST RATE First National Exchange Bank and Associates Morgan Guaranty Trust Company of New York & Associates First National City Bank and Associates Chemical Bank, The Philadelphia National Bank, Goldman, Sachs & Company Halsey, Stuart & Co., Inc. (Affiliate of Bache & Co., Incorporated) and Associates $5,001,748.00 5,000,328.00 5,000,000.00 5,000,047.50 5,001,250.00 6.50% 1976-1984 6.40% 1985 5.60% 1986 5.70% 1987 5.80% 1988 5.90% 1989 6.00% 1990-1991 6.10% 1992 6.2Q% 1993 4.50% 1994-1995 6.50% 1976-1985 6.40% 1986 5.70% 1987 5.90% 1988 6.00% 1989 6.10% 1990 6.20% 1991 6.25% 1992 6.30% 1993 4.50% 1994-1995 6.50% 1976-1986 5.90% 1987-1988 6.00% 1989 6.10% 1990 6.20% 1991 6.25% 1992-1993 4.50% 1994-1995 6.25% 1976 6.50% 1977-1986 5.90% 1987-1988 6.00% 1989 6.10% 1990 6.20% 1991 6.25% 1992 6.30% 1993 4.50% 1994-1995 6.50% 1976-1986 6.10% 1987 5.80% 1988 6.00% 1989 6.10% 1990 6.20% 1991 6.25% 1992 6.30% 1993 4.50% 1994-1995 $1,748.00 328.00 -0- 47.50 1,250.00 5.8124% 5.9177% 5.9307% 5.9337% 5.9378% and; 469 WHEREAS, the bid of First National Exchange Bank and Associates of $5,001,748.00, for $5,000,000 of City of Roanoke Sewage Treatment System Bonds, Series "ST-3", aforesaid, to bear interest coupons at the rate of 6.50% per annum on $2,250,00 of bonds maturing in the years 1976 to 1984, inclusive, 6.40% per annum on $250,000 of bonds maturing in the year 1985, 5.60% per annum on $250,000 of bonds maturing in the year 1986, 5.70% per annum on $250,000 of bonds maturing in the year 1987, 5.80% per annum on $250,000 of bonds maturing in the year 1988, 5.90% per annum on $250,000 of bonds maturing in the year 1989, 6.00% per annum on $500,000 of bonds maturing in the years 1990 and 1991, inclusive, 6.10% per annum on $250,000 of bonds maturing in the year 1992, 6.20% per annum on $250,000 of bonds maturing in the year 1993, and 4.50 % per annum on $500,000 of bonds maturing in the years 1994 and 1995, inclusive, plus accrued interest to the City of Roanoke to date of delivery, is the best bid in the interest of the City of Roanoke, and in conformity with the printed notice of sale and official proposal form issued prior to such sale. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the bid of First National Exchange Bank and Associates of $5,001,748.00, for $5,00.0,000 Sewage Treatment Sy~te~ ~ond~, Series "ST-3", to hear interest coupons at the rate of 6.50% per annum on $2,250,000 of bonds maturing in the years 1976 to 1984, inclusive, 6.40% per annum on $250,000 of bonds maturing in the ~ear 1985, 5.60% per annum on $250,000 of bonds maturing in the year 1986, 5.70% per annum on $250,000 of bonds maturing in the year 1987, 5.80% per annum on $250,000 of bonds maturing in the year 1988, 5.90% per annum on $250,000 of bonds maturing in the year 1989, 6.00% per annum on $500,000 of bonds maturing in the years 1990 and 1991, inclusive, 6.10% per annum on $250,000 of bonds maturing in the year 1992, 6.20% per annum on $250,000 of bonds maturing in the year 1993, and 4.50% per annum on $500,000 of bonds maturing in the years 1994 and 1995, inclusive, plus accrued interest to the City of Roanoke to the date of delivery, be, and the same is hereby ACCEPTED, and said bonds shall bear interest at the rates specified by said bidder; and upon payment of the sum of money bid by First National Exchange Bank and Associates for said bonds, more accurately identified as $5,000,000 Sewage Treatment System Bonds, Series "ST-3", of the City of Roanoke, Virginia, dated April 15, 1975, the said bonds shall be delivered to the said bidder. BE IT FURTHER RESOLVED that all bids except the bid of First National Exchange Bank and Associates be, and they are hereby REJECTED. BE IT FURTHER RESOLVED that the $100,000 cashier's check accompanying the successful bid, in conformity with the printed notice and proposal for the sale of said bonds, be deposited by the City Treasurer and 470 credit therefor be allowed on the purchase price of the said bonds, and that the certified or cashier's check of all other bidders be forthwith returned. ATTEST: APPROVED City Clerk /Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 1975. No. 22117. AN ORDINANCE to amend and reordain Section #896, "Transportation," of the 1974-75 Appropriation Ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 9896, "Transportation," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, a~ended and ~eordained to read as follows, in part: TRANSPORTATION # 896 Contractual Services (1) ................ $330,793.82 (1) Net increase $36,000.00 APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 1975. No. 22118. AN ORDINANCE amending and reordaining Sec. 2. of Ckapter 3, Title V. Finance, of the Code of the City of Roanoke, 1956, as amended, relating to investment of funds of the City in excess of immediate requirements, so as to authorize deposit or investment of certain such funds in certain savings and loan institutions in the City. WHEREAS, recent federal legislation granted 100% insurance of public funds in amounts up to $100,000.00 deposited in savings and loan associations insured by the Federal Savings and Loan Insurance Corporation; and WHEREAS, sS2.1-329, of the 1950 Code of Virginia, as amended, permits deposit of public monies in insured savings and loan associations, provided such deposits do not exceed the amount insured by the Federal Savings and Loan Insurance Corporation and are not made for any one period in excess of one year; and WHEREAS, a joint report of the Director of Finance and the City Attorney advises amendment of the Code of the City of Roanoke, so as to permit deposits of city funds in insured savings and loan associations which are approved as proper depositories of public monies pursuant to sS2.1-329 of the 1950 Code of Virginia, as amended; and 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, 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, viz: Sec. 2. InvestJ~ent of funds in excess of immediate requirements. Whenever the Director of Finance skall determine and report to the coaLmittee kereinafter provided for that there is on kand 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, in bonds of the City of Roanoke or in interest- bearing certificates of deposits in any of the banks designated as depositories in section 1 of this chapter, or in any one or more of the aforesaid investments. Further, such funds and cash resources may be deposited in interest-bearing savings accounts or invested in interest-bearing certificates of savings and loan associations whose principal offices are located in the City of Roanoke, provided that such associations, whether under State supervision or organized under the laws of the United States and under Federal supervision, are fully qualified as a State depository pursuant to sS2.1-179 of the Code of Virginia, as amended, and are insured by the Federal Savings and Loan Insurance Corporation. Such deposits or investments shall not be made for any one period in excess of one year and shall not exceed one-hundred thousand dollars ($100,000.00), in the aggregate, in any one association. 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, which committee shall have the power and authority to order and direct the investment and rein- vestment 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 sale of such of the securities so purchased, the surrender of such certificates of deposit so taken or the withdrawal of such savings deposits so made, at such time or times as the director of finance may determine such investments necessary to be liquidated to meet the needs of the city. All securities so purchased, all certificates of deposits so taken and all savings deposits so made shall be under the custody of the city treasurer, under the control of the city investment committee, and the securities so purchased, at the discretion of said committee, may be held by the bank through which said securities were purchased, and the treasurer is hereby authorized to accept such bank's receipt for any securities purchased through it, which said receipt the city treasurer is directed to hold in lieu of such securities. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 1975. No. 22121. AN ORDINANCE to amend and reordain Section #929, "ConLmonwealth's Attorney's Investigator," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #929, "Commonwealth's Attorney's Investigator," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY'S INVESTIGATOR #929 Salaries and Wages ...................... $3,000.00 To be reimbursed upon receipt of Action Grant #74-A2851 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 473 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 1975. No. 22122. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of RevCar Fasteners, Inc., to permanently vacate, discontinue and close a portion of an alleyway extending in a southerly direction from Albemarle Avenue to its inter- section with the right-of-way line of the Southwest Expressway (U. S. 581 extended), which alley is more specifically described below. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of RevCar Fasteners, Inc., that said petitioner did on March 6, 1975, 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 alley, the publication of which was had by posting a copy of the notice on the front door of the courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance], and at 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 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 portion of the aforesaid alley; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinafter described street and alley 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. Harold W. Harris, Jr., Lester K. Stover, Jr., William P. Wallace, J. Tate McBroom and Dewey H. Marshall, any three of whom may act, be, and they hereby are, appointed as viewers to view the following described alley and report in writing, pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing the same, namely: 474 ATTEST: BEING that portion of the alleyway bounded as follows: On the west by the easterly lines of Lots 1, 2 (Tax No. 4030202), 3 (Tax No. 4030221), Section 3, according to the Map of Jefferson Land Company; on the south generally by the right-of-way line of the property of the Commonwealth of Virginia (Southwest Expressway - U.S. 581 extended); on the east generally by the westerly and southwesterly line of Lot 9 and the southerly line of Lot 8, Section 5 (Tax No. 4030213), according to the Map of Jefferson Land Company; and on the north by the southerly line of Albemarle Avenue; said portion of the alleyway being marked in red on the attached plat, which is a reproduction of the northwesterly portion of Sheet No. 403 of the Appraisal Map of the City of Roanoke, said plat being made a part hereof. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 1975. No. 22123. AN ORD~CE tO a~end an~ reordain ~ection %538, "Food Stam~ Authorizatio of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 %538, "Food Stamp Authorization," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FOOD STAMP AUTHORIZATION %538 Contractual Services ...................... $16,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor I, II 475 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 1975. No. 22124. AN ORDINANCE authorizing and providing for the acceptance of a deed of dedication of certain land, offered to the City for the widening of 14th Street, S. E., upon certain terms and conditions; and providing for an emergency. WHEREAS, for the usual daily operation of the municipal government, an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be and they are hereby authorized and directed to accept on behalf of the City a deed dedicating for public street purposes that certain parcel of land, being the westerly portion of that property known as Block 1, of the W. P. Waid Estate, being shown in detail on Plan No. 5323, prepared under date of April 14, 1972, by the City Engineer, and being on file in the City Engineer' s Office. 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 March, 1975. No. 22125. AN ORDINANCE to amend Ordinance No. 21611 amending Sec. 5. Rules and Regulations, of Chapter 1, Title XII of the Code of the City of Roanoke, 1956, as amended, by the addition thereto of a new rule, to be numbered Rule 7.1, relating to availability charges to be paid by certain consumers of the City's public water system by amending subparagraph B thereof; and providing for an emergency. WHEREAS, the Water Resources Committee recommended that the Council establish a schedule of availability charges for certain consumers in that portion of the City's public water system extending from Crystal Spring generally along Jefferson Street, Avenham Avenue, Route 419, Ogden Road, Colonial Avenue, Manassas Drive and Westmoreland Street to Route 221 in the vicinity of Grants 476 Plaza Shopping Center, all as set out in detail in the report of said Water Resources Committee made to the Council under date of June 3, 1974, in which recommendation Council concurred and referred said report to the office of the City Attorney for preparation of the appropriate measure; and WHEREAS, Ordinance No. 21611, prepared pursuant to such reference and adopted June 17, 1974, failed to contain availability fees for 3/4-inch, 1-inch, 1 1/2-inch and 2-inch connections, respectively, even though fees to be charged for such connections had been previously approved by Council; and WHEREAS, the Council is further advised that for the proper and efficient daily operation of the Water Department, provision should be made by the Council that this ordinance take effect upon its passage, so that the system of charges herein established be effective immediately; and WHEREAS, for all of the aforesaid the Council deems an emergency to exist as hereinabove set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 5. Rules and Regulations, of Chapter 1, Title XII of the Code of the City of Roanoke, 1956, as amended, be, and said section is hereby amended by an addition to subparagraph B., Availability Fee, of Rule 7.1, to read and provide as follows: Rule 7.1. B. Availability Fee: Connection Size Availability Fee Equal to But Not Less Than 3/4 -inch 1 -inch 1 1/2-inch 2 -inch 3 -znch 4 -inch 6 -znch 8 -znch 10 -znch 12 -znch $1.00 per linear foot 1.25 per linear foot 1.50 per linear foot 2.00 per lznear foot 2.50 per linear foot 3.00 per lznear foot 3.50 per linear foot 4.00 per linear foot 4.50 per linear foot 5.00 per linear foot 90.00 120.00 315.00 450.00 750.00 1,000.00 2,000.00 3,000.00 4,000.00 5,000.00 (1) Unit cost per linear foot refers to the linear feet of frontage of the property to be served along the street in which the water line is installed. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor 477 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 1975. No. 22126. A RESOLUTION authorizing and directing that the City's Third Street Building which houses the Juvenile and Domestic Relations District Court, the Police Department and the Public Assistance Department's Service Workers to be officially designated as the "Municipal Building - Third Street Annex", that the building be signed in that manner, and that signs identifying the departments in the building be provided. WHEREAS, the City Manager, by a report dated March 10, 1975, has recommended to the Council that the City's Third Street Building be officially designated as the "Municipal Building - Third Street Annex", that the building be signed in that manner, and that signs identifying the entrance to the departments in the aforesaid building be provided. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City's Third Street Building, which houses the Juvenile and Domestic Relations District Court, the Police Department and the ~ublic A~i~tance Department's Service Workers be officially designated as tke "Municipal Building - Third Street Annex". BE IT FURTHER RESOLVED that the building be signed in that manner and that signs identifying the entrances to the departments in the aforesaid building be provided. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1975. No. 22127. AN ORDINANCE to amend and reordain Section #102, "City Clerk," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 478 CITY CLERK 9102 Supplies and Materials (1) ......... · ........ $14,500.00 (1) Net increase $5,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1975. No. 22128. AN ORDINANCE to amend and reordain Section 912000, "Schools - New Equipment Improve~ents and Betterments," of the 1974-75 Appropriation Ordinance and providing for an e~ergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #12000, "Schools - New Equipment Improvements and Betterments," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - NEW EQUIPMENT IMPROVEMENTS AND BETTERMENTS ~12000 New Equipment Improvements and Betterments ....................... $2,325.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 479 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1975. No. 22129. AN ORDINANCE to amend and reordain Section #47000, "Schools - Title I, P.L. 89-10," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 #47000, "Schools - Title I, P.L. 89-10," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - TITLE I, P.L. 89-10 #47000 Personal Services .................... $276,290.00 Supplies ............................. 7,067.00 Travel ............................... 1,600.00 Fixed Charges ........................ 32,049.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1975. No. 22130. AN ORDINANCE to amend and reordain Section #550, "Sewage Treatment Capital Improvements Fund," of the 1974-75 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, "Sewage Treatment Capital Improvements Fund," of the 1974-75 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 48O SEWAGE TREATMENT CAPITAL IMPROVEMENTS FUND #550 Sewage Treatment Plant Expansion ....................... $67,725.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1975. No. 22131. A RESOLUTION approving the City Manager's issuance of Change Order No. 1, in connection with the City's Contract for the construction of a 35 million gallon tertiary treatment plant addition at the City's Sewage Treatment Plant, subject to approval by the Virginia State Water Control Board and the Environmen- tal Protection Agency of the United States Government. WHEREAS, the City Manager, in report to the Council dated March 24, 1975, has recommended that the Council approve the issuance of a change order to the City's contract with J. W. Bateson Company, Inc., and Centex Corporation, a joint venture d/b/a, J. W. Bateson Company, for construction of a 35 million gallon tertiary treatment plant addition at the City's Sewage Treatment Plant, so as to provide for payment for rock excavation over and above the contract allowance at the unit price bid, subject to approval of the Virginia State Water Control Board and the Environmental Protection Agency of the United States; and WHEREAS, the Council is of opinion that the change proposed is desirable and, accordingly, concurs in said proposal. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, upon receipt of approval of the Virginia State Water Control Board and the Environmen- tal Protection Agency, for and on behalf of the City, Change Order No. 1, to the City's contract with J. W. Bateson Company, Inc., and Centex Corporation, a joint venture d/b/a, J. W. Bateson Company, for construction of a 35 million gallon tertiary treatment plant addition at the City's Sewage Treatment Plant, said change order to provide for amendment of the City's contract with the afore- said company by providing for payment for 9,000 cubic yards of rock excavation over and above the contract allowance of 20,000 cubic yards at the unit price of 481 $7.00 per cubic yard bid by said contractor, such change order not to increase the basic contract price by more than the sum of $63,000.00 to a total gross contract sum not to exceed $21,902,000.00. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1975. No. 22132. AN ORDINANCE authorizing issuance of Change Order NO. 1 to the City's contract with Southwest Construction, Inc., authorized by Ordinance No. 21644, for remodeling a portion of the west stands at Victory Stadium, providing for certain additional necessary work in relation thereto and providing the cost to be paid therefor; and providing for an emergency. WHEREAS, the City Manager, in report to the Council dated ~arcn 24, 1975, has informed the Council that in the course of remodeling a portion of the west stands at Victory Stadium under the contract authorized by Ordinance No. 21644 to be let therefor, it has been discovered that certain of the existing walls in the area of construction required additional concrete footings to support the same and that, considering the emergency of the situation, and in order to prevent settlement of the walls, the additional work was ordered to be done and has been completed at an additional cost of $878.38; and WHEREAS, said City Manager has requested that such work be approved by the Council and that a change order to the aforesaid contract be authorized to be issued therefor, advising the Council that there are funds available in Account 664-255, Maintenance of City Property, sufficient to pay such additional costs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on behalf of the City, Change Order No. 1 to the City's contract dated July 11, 1974, with Southwest Construction, Inc., so as to provide for the pouring and installation of certain concrete footings under certain of the existing walls of the west stands at Victory Stadium, as additional work to be performed under the aforesaid contract, the cost to the City of all such additional work 482 authorized by said change order to be the sum of $878.38, and to be paid for out of funds in Account 664-255, Maintenance of City Property, heretofore appro- priated by the Council. 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 24th day of March, 1975. No. 22133. A RESOLUTION authorizing the City Manager to apply, on behalf of the City of Roanoke, to the appropriate agency of the Federal government to obtain for tke City of Roanoke approximately 38.676 acres of surplus land owned by the Federal government, which parcel is a portion of the Veteran's Administration reservation in Salem, Virginia. WHEREAS, notice has been received from the Federal Government that the above.~e~t~o~ed p&~.¢~]. OZ. Land has been determined to be surplus Federally owned property, which property is available for disposal at no cost to public agencies pursuant to the provisions of the Federal Property and Administrative Services Act of 1949; and WHEREAS, the aforementioned parcel of land is within the area designated by the Annexation Court as land to be annexed from the County of Roanoke to the City of Roanoke; and WHEREAS, the City's Parks and Recreation Department and Planning Departmel have developed a proposed plan to utilize the abovementioned parcel of land for parks and recreational purposes; and WHEREAS, this Council has, on January 27, 1975, by motion, concurred in the City Manager's applying for transfer of title to the abovementioned property to the City of Roanoke; and WHEREAS, in report dated March 24, 1975, the City Manager has advised the Council that there is a requirement contained in the provisions of the Federal Property and Administrative Services Act of 1949, that this governing body must officially authorize the filing of an application by a municipality for the acquisition of surplus property owned by the Federal government and that designatio] be made of an appropriate City official to represent the City in matters relating to such application. t 483 THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that Byron E. Haner, City Manager of the City of Roanoke be and he is hereby directed, for and on behalf of the City of Roanoke, to apply to the appropriate agency of the Federal government to obtain title to approximately 38.676 acres of land owned by the Federal government, which parcel of land is a portion of the Veteran's Administration reservation, in Salem, Virginia, and, said City Manager is hereby authorized and designated as the appropriate City official to represent the City in matters relating to the aforesaid application. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1975. No. 22134. A RESOLUTION concurring in the City Manager's proceeding to advertise for bids for the demolition of the Melrose Elementary Sckool Building. WHEREAS, by Resolution No. 21116, adopted August 27, 1973, the Council of the City of Roanoke accepted the possession and control of the Melrose Elementar School building and grounds from the School Board of the City of Roanoke; and WHEREAS, this Council on March 4, 1974, concurred in the recommendation by the City Manager that the demolition of the Melrose Elementary School building be delayed to permit a citizen's group to attempt to raise funds to renovate said building so that it might be used as a community cultural center; and WHEREAS, the City Manager in a report dated March 24, 1975, has advised the Council that to date no citizen's group has been successful in raising the necessary funds for renovation, that City funds are continuing to be expended to maintain the Melrose Elementary School building and requests the concurrence of the Council in his proceeding to advertise for bids for the demolition of said building, in which request the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body concurs in the City Manager's proceeding to advertise for bids for the demolition of the Melrose Elementary School building situate at 1519 Melrose Avenue, N. W., in the City of Roanoke. APPROVED ATTEST: City Clerk Mayor '484 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1975. No. 22135. A RESOLUTION providing for the place of the regular meetings of the Council of the City of Roanoke. WHEREAS, the temporary use of the Council Chambers and certain other areas on the fourth floor of the Municipal Building are reported to be no longer needed by the Annexation Court recently in Session and the City Council may resume normal use of said Council Chambers and other areas designed for the use of the City Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, until otherwise provided, the regular meeting of the Council set to be held on Monday, March 31, 1975, at 7:30 o'clock, p.m., and the regular meetings of the Council set to be held thereafter in accordance with the schedule provided for said meetings, shall be held in the Council Chambers on the fourth floor of the Municipal Building at 215 Church Avenue, S. W., in the City. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1975. No. 22136. 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 March 10, 1975, 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 485 sufficient funds have been appropriated to provide for payment of work hereinafter authorized to be done, which represents a reduction in the scope of the work, the work to be paid for on the basis of the unit prices proposed by said joint bidders; 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 Depart- ment of Highway's specifications and as described in the City's plans and speci- fications for an estimated reduced sum of $175,000.00, based on unit prices and estimated quantities, be and said proposal is hereby ACCEPTED, the extent of work to be performed by said bidders and the costs to be incurred by the City, however, not to exceed the total sum of $175,000.00, unless and until further appropriation for the purpose of said contract be made by the Council. 2. That the City Manager and the City Clerk, be and they are hereby authorized and directed, for and on behalf of the City to execute and to seal and attest, respectively, the requisite contract with the aforesaid Virginia Asphalt Paving Company, Inc., and Adams Construction Company, the same to incorporate 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 such 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 486 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1975. No. 22137. AN ORDINANCE providing for the cleaning, testing and grouting of various sanitary sewer lines in the City by award of a contract therefor to Underground T/V Inspection, Inc., rejecting all other bids and certain other bids made by the aforesaid contractor; and providing for an emergency. WHEREAS, at the meeting of the Council held on March 17, 1975, and after due and proper advertisement had been made therefor, five (5) bids theretofor~ filed in the office of the City Clerk for furnishing all labor and materials for the cleaning, testing and grouting of various sanitary sewer lines in the City were opened and read before the Council, whereupon said bids were referred to a committee for study, report and recommendation to the Council; and WHEREAS, said committee has reported to the Council under date of March 24, 1975, that the bid of Underground T/V Inspection, Inc., submitted for Division No. 1 of the work, made on unit prices on estimated quantities of work set out in the City's plans and specifications, amounts to a total estimate cost to the City of $224,090.00, and meets the City's requirements and specificatio] referred to in its advertisement and appears to be the lowest and best bid made to the City for the performance of the said work, and should, along with said contractor's unit prices made for Division No. 3 of the work, be accepted; and that all other bids should be rejected; and WHEREAS, funds sufficient to pay for the cost to the City of said work have been or are being appropriated by the Council for the purpose and the Council declares an emergency to exist in the daily operation of the municipal government 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 Underground T/V Inspection, Inc., to furnish all necessary tools, labor and materials necessary for the cleaning, testing and grouting of various sanitary sewer lines in the City, in accordance with the City's plans and specifica prepared as for Division No. 1 of the work and at the unit prices set out and contained in Division NO. 1 and Division No. 3 of said contractor's bid or proposal based upon the estimated quantities of work set out in the City's specifications and in said committee's report, be, and said bid is hereby ACCEPTED; and the City Manager is authorized and directed to enter into contract, on behalf of the City with the aforesaid contractor for the performance of said work, said contract to have incorporated therein the City's plans and specifications, the aforesaid proposal, the aforesaid committee's report and the provisions of this ordinance and to be, otherwise, upon such form as is approved by the City Attorney; the cost to the City of all such work not to exceed the total sum of $224,090.00; s :ions 487 and when and as said work shall have been satisfactorily completed and accepted by the City, payment therefor shall be made out of funds appropriated by the Council for the purpose. BE IT FURTHER ORDAINED that the proposal made by the within named contractor on Division No. 2 and Division No. 4 of said work together with the proposal of all other bidders for performing said work be, and said other proposals are hereby REJECTED; and the City Clerk shall so notify each said other bidder and shall express to each the City's appreciation for the submission of said bids. 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 31st day of March, 1975. No. 22139. A RESOLUTION expressing willingness to establish with other local political subdivisions a Roanoke Valley Jail Advisory Board. WHEREAS, this Council has heretofore indicated this City's willingness to so design and construct the proposed new jail facilities to be constructed on the north side of Church Avenue S. W., between Tkird and Fourth Streets, S. W., as to be able to fully accommodate similar needs of other governmental jurisdictions in the Roanoke Valley who may be desirous of using the same; and it has been proposed to this Council that, other jurisdictions being desirous of using said facility, it would be mutually advantageous and desirable that an advisory board might be established to assist and advise the City as hereinafter provided, in which proposal this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, should other governmental jurisdictions in the Roanoke Valley desire that the City so design and construct its proposed new jail facilities as to accommodate similar needs of said other jurisdictions and make timely offer to enter into agreement with the City respecting such use, this Body will provide for the establishment of a Roanoke Valley Jail Advisory Board, to include representatives from all of the jurisdictions making use of said facilities, whose duties it shall be to advise the City on matters of the extent and design of the facilities 488 and to advise and cooperate with the City and the Sheriff of the City of Roanoke on matters relating to the programs to be conducted in and the operation of the aforesaid new jail. BE IT FURTHER RESOLVED that certified copies of this resolution be transmitted by the City Clerk to the presiding officer of the governing bodies of the County of Roanoke, the City of Salem, the Town of Vinton and the County of Craig. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of Marck, 1975. No. 22140. A RESOLUTION authorizing termination of the City's contract for demolitio of certain buildings, for delay in the performance thereof by the City's contractor and authorizing the City Manager to enter into a new contract for completion of the demolition of said buildings. WHEREAS, the City Manager has reported to the Council that the City's contractor, employed to raze and remove the buildings on the premises known as Nos. 115 through 125 Church Avenue, S. W., so that the new public parking garage may be built thereon, has substantially failed to prosecute the work in workmanlike manner and has without good cause failed to provide the necessary labor and equipment to complete the work within the time provided in the contract and expressly agreed upon by said contractor, time of completion having been made of essence of the contract as entered into; and WHEREAS, the delay of the contractor in prosecuting and completing said work is seriously hindering and damaging the City in its efforts to commence construction of the new public parking facility on said premises and, in turn, is delaying the City's engineers and architects in obtaining necessary information from the site from which said buildings were to have been removed; and WHEREAS, the Council concurs with the City Manager that the delay in removal from the property of the aforesaid buildings and of the materials and debris resulting from their demolition cannot be further tolerated, and that other arrangements may need be made for completion of said work. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, unless all of the work provided to be done under the contract documents entered into under date of December 19, 1974, between James E. Ferguson, contractor, and the City of Roanoke providing for the razing and removal of the buildings located at Nos. 115 through 125 Church Avenue, S. W., in the City, be fully performed and completed in accordance with said contract documents by midnight on April 7, 1975, the City Manager be and is authorized to declare the aforesaid contractor in default in performance of said contract and to order the removal of said contractor's equipment and machinery from the site of the work; and thereafter and as for an emergency and within the limits of the unexpended funds heretofore appropriated for the purpose of the removal of said buildings, to engage the services of another contractor to complete the work heretofore provided to be done under the aforesaid contract dated December 19, 1974. BE IT FURTHER RESOLVED that the City Manager do cause a certified copy of this resolution to be immediately delivered to the within named contractor and to the agent for said contractor's surety on his performance and payment bonds. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of March, 1975. No. 22141. A RESOLUTION authorizing the City Manager to file on behalf of the City of Roanoke a request with the Virginia Department of Highways and Transportati, for transit capital assistance funds in the amount of $340,548.00, made available by the Commonwealth of Virginia under the provisions of Item 329.1 of the Appro- priations Act of 1974. WHEREAS, the General Assembly of the Commonwealth of Virginia did set aside financial aid to localities for the capital costs of mass transportation under Item 329.1 of the Appropriations Act of 1974; and WHEREAS, the Greater Roanoke Transit Company, a non-profit corporate agency of the City of Roanoke was offered a capital assistance grant by the Urban Mass Transportation Administration of the United States Department of Transportation on March 19, 1975, and did accept said 9rant on March 21, 1975; and n 489 49O WHEREAS, the City of Roanoke has agreed to furnisk to the Greater Roanoke Transit Company sufficient funds to provide the local assistance necessary to obtain said capital assistance grant; and WHEREAS, it is the intent of the City of Roanoke to utilize all funds available to it under the 1974 Appropriations Act in accordance with the provisions of said Act; and WHEREAS, records of the receipts and expenditures of funds available under said Act shall be kept by the City of Roanoke and may be subject to audit by the Virginia Department of Highways and Transportation and the State Auditor of Municipal Accounts. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Byron E. Haner, City Manager of the City of Roanoke, be and is authorized to execute and file on behalf of said City said City's request to the Virginia Department of Highways and Transportation for transit capital assistance funds in the amount of $340,548.00 made available to the City by the Commonwealth of Virginia under Item 329.1 of the Appropriations Act of 1974; and said City Manager is further authorized and empowered tO provide said Department with such documentation and information as may be necessary o~ required in connection with said request and to extend and make on behalf of the City of Roanoke ass~ranc~ that such funds will be utilized by the City in accordance with the provisions of the aforesaid Act and that records of the receipt and expenditure of all said funds will be kept and maintained by the City, to be subject to audit by said Department and by the State Auditor of Municipal Accounts. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of March, 1975. No. 22142. AN ORDINANCE to amend and reordain Sec. 6. Rates and Charges, Chapter 1. Water Department, Title XII., Water., of the Code of the City of Roanoke, 1956, as amended, by the addition of a new Part F to said Sec. 6., relating to allowable charges for permitted nonexclusive use of fire hydrants on the City's public water system; and providing for an emergency. WHEREAS, the Council's Water Resources Committee and the City Manager have reported that it is occasionally practical that contractors and other persons be permitted to utilize water from fire hydrants on an infrequent nonexclusive basis and the City's present schedule of charges does not include a charge to be made for use of hydrants for purposes other than fire prevention, training or supervision, and said Committee and thc City Manager recommend that a schedule of charges for such nonexclusive use be established; and WHEREAS, for the proper and efficient daily operation of the City's Water Department, an emergency is deemed to exist in order that this ordinance take effect immediately upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that Sec. 6., Rates and Charges., Chapter 1., Water Department., Title XII., Water., of the Code of the City of Roanoke, 1956~ as amended, fixing minimum monthly charges for water service certified for nonexclusive use for other than fire protection, be, and said Sec. 6., is hereby amended by the addition of a new Part F., Infrequent, nonexclusive hydrant use for other than fire suppression purposes, to read and provide as follows: Part F. Infrequent, nonexclusive hydrant u~e for other than fire suppression ~ur~oses: Minimum monthly charge if usage is reported ................ $10.00/hydrant Charge per 1,000 gallons used ...... 1.00 Minimum monthly charge if usage is not reported ............. 25.00/hydrant Minimum deposit in advance ....... 50.00/hydrant User shall pay for any damage to hydrant caused by his usage. User shall obtain, and adhere to conditions imposed by, permit issued by Manager, Water Department. Minimum monthly charge shall not be prorated. Above fees shall be doubled for water used outside the corporate limits. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor 4,92 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of March, 1975. No. 22143. A RESOLUTION permitting the Roanoke Aviation Memorial Committee to erect and maintain a memorial plate honoring early Roanoke Valley aviators at the Roanoke Municipal Airport, Woodrum Field, at a location to be approved by the Airport Manager. WHEREAS, the Roanoke Aviation Memorial Committee wishes to erect a memorial plate at the Roanoke Municipal Airport, Woodrum Field, to honor nine early aviators, now deceased, who contributed to the development of aviation in the Roanoke Valley; and WHEREAS, the Airport Advisory Commission, by report dated March 31, 1975, has recommended to this Council that such a memorial plate, similar in design and finish as the existing dedication plaques, at the s°le expense of the Roanoke Aviation Memorial Committee, be installed at the Roanoke Municipal Airport, Woodrum Field, at a location to be approved by the Airport Manager; and WHEREAS, this Council, concurring in the recommendation of the Airport Advisory Commission, considers it right and proper that such a memorial plate be erected. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Roanoke Aviation Memorial Committee be permitted to erect and maintain a memorial plate honoring early Roanoke Valley aviators at the Roanoke Municipal Airport, Woodrum Field, at a location to be approved by the Airport Manager. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of March, 1975. No. 22144. AN ORDINANCE to amend and reordain Section #889, "Transfers Within Capital Improvements Fund," of the 1974-75 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 Within Capital Improvements Fund," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS WITHIN CAPITAL IMPROVEMENTS FUND #889 62116 - Civic Center (1) ................ $ 5,950.29 73113 - Traffic Signals Walnut Avenue and Franklin Road (2) ........... 962.01 74117 - Public Works Center (3) ......... 519.25 99310 - Municipal Building (4) .......... 29,828.78 75108 - Remodel City Nursing Home (5) ........................ 37,26Q. 33 (i) ~e~ Uecrease $ 5,950.29 (2) Net decrease ........... $ 962.01 (3) Net decrease .... $ 519.25 (4) Net decrease ........... $29,828.78 (5) Net increase ...... $37,260.33 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of March, 1975. No. 22145. AN ORDINANCE accepting a certain bid and awarding a certain contract for remodeling the Roanoke City Nursing Home at Coyner Springs in Botetourt County, 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 March 17, 1975, and after due and proper public advertisement had been made therefor, nine (9) bids made to the City for the remodeling of the Roanoke City Nursing Home at ¥q¥ Coyner Springs in Botetourt County, Virginia, 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 31, 1975, its tabulation and report of said bids, from which it appears that the bid hereinafter accepted, while in excess of funds heretofore appropriated:i for the purpose, represents the best and lowest bid made to the City meeting the City's specifications for said construction, and should be accepted. WHEREAS, funds are being contemporaneously 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 bid of Hodges Lumber Company to remodel the Roanoke City Nursing Home at Coyner Springs in Botetourt County, Virginia, in full accordance with the City's plans and specifications made therefor and with said bidder's proposal, for a total price of $174,500.00, cash, for all said work, be, and said bid is hereby ACCEPTED. 2. That the other bids made to the City for the aforesaid 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 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 improvements 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 bidder's proposal made to the City, and the provisions of this ordinance; and upon satisfactory completion of all said work accepted by the City as meeting all said specifications, the Director of Finance shall be, and is hereby authorized to make payment to said contractor in accordance with the provisions of this ordinance and said contract, charging said payments to the appropriations heretofore or hereafter made by the city for said improvement~. 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 495 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of March, 1975. No. 22147. A RESOLUTION authorizing the City Attorney to execute on behalf of the City of Roanoke all certifications of assurances contained on HUD form 7015.12 (12-74), to be contained as a part of said City's application for Federal Community Development Block Grants under Title I of the Housing and Community Development Act of 1974. WHEREAS, the City of Roanoke's application for grant of Federal funds to permit of implementing and carrying out a Community Development Block Grant program, authorized to be made and filed by Resolution No. 22103, has been prepared and is ready for transmittal to the Department of Housing and Urban Development and it is necessary that there accompany said application a certificati~ to be made and signed by the City Attorney, containing certain assurances and commitments to be binding upon the City of Roanoke and its officers, officials and employees concerned in the City's acceptance and use of said Federal funds, all of which are contained and set out on U. S. Department of ~ousing and Urban Development assurances form HUD 7015.12 (12-74), a copy of wnicn assurance form has been exhibited to the Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that James N. Kincanon, City Attorney, be and is hereby authorized and empowered, for and on behalf of the City of Roanoke, and as said City's legal counsel, to make and execute the legal certification contained on U. S. Department of Housing and Urban Development's Form HUD-7015.12 (12-74), to be attached to and made a part of said City's application to the aforesaid Department for a grant of Federal funds under the provisions of the Housing and Community Development Act of 1974, authorized to be applied for by Resolution No. 22103 of the Council, heretofore adopted on March 3, 1975. APPROVED ATTEST: City Clerk Mayor )n