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HomeMy WebLinkAbout21213-11/19/73 - 21665-7/8/74IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1973. No. 21213. AN ORDINANCE providing for the dedication of certain land for public street purposes out of Lots 14 and 15, Block 1, as shown on the J. E. Long Map, and provid- ing for the consolidation of the residues of each said lot into a single new lot, under provisions of the City's Land Subdivision Ordinance. WHEREAS, the City of Roanoke, owning the fee simple title to Lots 14 and 15 Block 1, as shown on the J. E. Long Map, being Official Nos. 4390317 ag 4390316, respectively, as shown on the Tax Appraisal Map of the City, has heretofore utilized the easterly 15 feet of each said lot for widening and improvement of Garden City Boulevard, S. E., upon which street said lots abut; and WHEREAS, the Council's Real Estate Committee has recommended to the Council that the following proceedings be authorized and directed to be taken pursuant to the provisions and regulations contained in the City's Land Subdivision Ordinance, as has also been recommended by the City Engineer and the Planning Department; 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 proper City officials be and they are hereby authorized and directed to accomplish, by recordation of a new plat of resubdivision under the provisions of the City's Land Subdivision Ordinance, said plat to be signed on behalf of the City, as owner, by the City Manager, upon its approval by the City Attorney and by other agents and officials whose approval is required under said ordinance, the dedication of approxi- mately 6,588 square feet of land out of Lots 14 and 15, Block 1, according to the J. E. Long Map, Official Nos. 4390317 and 4390316, respectively, so as to provide for a 60-foot wide right-of-way for Garden City Boulevard, S. E., and for a 50-foot wide right-of-way for Danforth Avenue, S. E., as the aforesaid lots abut those streets, and to provide for the consolidation of the residues of each aforesaid lot into a sin qle new lot; all as indicated and shown on revised Plan No. 5380, prepared in the Office of the City Engineer. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: Deputy City Clerk APPROVED Ma yor ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1973. No. 21214. AN ORDINANCE authorizing the disposition of a certain strip of land formerl{ comprising a portion of Montvale Road, S. W., vacated and closed by Ordinance No. 20975, upon certain terms, conditions and provisions. WHEREAS, in written report made to the Council under date of November 5, 1973, the Council's Real Estate Committee has recommended to the Council that the City dispose of a certain surplus strip of land on the northwest side of Montvale Road, S. W., which said strip of land extends in a southwesterly direction approx- imately 222 feet from Spring Road, S. W., and which said strip of land reverted to the City of Roanoke upon the permanent vacating and closing of a certain former stree pursuant to Ordinance No. 20975 of the City Council, adopted July 2, 1973, if the terms and conditions hereinafter set out be met upon such disposition of said land; and WHEREAS, the Council, considering the proposal and the recommendations made by the City Engineer and the Planning Department in the matter, concurs with the recommendation of its Real Estate Committee. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, upon conveyance or dedication to the City of Roanoke of the title to a 5-foot wide strip of land abutting the present southwest line of Spring Road, S. W., and extending in a southeasterly direction from the southwesterly line of Lot 3-A as shown on the Simms g Ingram Map to the centerline of the former street permanently vacated, aban- doned and closed by Ordinance No. 20975 of the City Council, and upon provision being made by the City, by official plat to be recorded in the Clerk's Office of the Circui Court of the City of Roanoke for rounding the southwesterly corner of the present intersection of Spring Road, S. W., and Montvale Road, S. W., on a 25-foot radius, the Mayor and the City Clerk shall be and they are hereby authorized to execute and to seal and attest, respectively, the City's deed of quitclaim and release conveying to James L. Weddle, the owner of Lot 3-B as shown on said Simms g Ingram Map and, by reverter of title, the owner of half of the former street right-of-way abutting said lot, closed by Ordinance No. 20975, aforesaid, all right, title and interest of the City in and to the southwesterly half of the right-of-way of said former street, as the same abuts the property of the aforesaid landowner; and the City's deed of quit- claim and release conveying to Daniel N. Monaco, the owner of Lot 3-C as shown on said Simms & Ingram Map, and by reverter of title, the owner of half of the former street right-of-way abutting said lot, closed by the aforesaid ordinance, all right, title and interest of the City in and to the southwesterly half of the right of way of said former street, as the same abuts the property of the lastmentioned landowner; all of the aforesaid lots and strips or parcels of land to be thereafter owned and held by each respective landowner as a single lot or parcel of land and not to be alienated or conveyed separately by either said landowner; the City's aforesaid deeds of quitclaim and release to be upon such form as is approved by the City Attorney. APPROVED ATTEST: /~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lqth day of November, 1973. No. 21218. AN ORDINANCE to amend and reordain Section =5000, "Schools - Pupil Trans- portation,'' of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. ~ THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =5000, "Schools- Pupil Transportation," of the 1973-74 Appropriation Ordinance be, and the same is hereby, amended and reordained t,o read as follows, in part: SCHOOLS- PUPIL TRANSPORTATION ~t5000 Maintenance. of Equipment (1) .................. $7,357.53 (1) Net increase ---$2,059.60 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 19th day of November, 1973. No. 21219. AN ORDINANCE to amend and reordain Section ~22000, "Schools - P.L. 89-10, Title I," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =22000, "Schools - P.L. 89-10, Title I," of the 1973-74 Appropriation Ordinanc~ be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS- P.L. 89-10, TITLE I ~22000 Personal Services ............................. $20,015.05 Health Services ............................... 593.95 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 November, 1973. No. 21220. A RESOLUTION authorizing and providing for the City's appointment of viewer to view a portion of Colonial Avenue, S. W., described as follows, to-wit: BEGINNING at a point on the northerly side of Colonial Avenue, S.'W., property location, being also the center of the old location of Colonial Avenue, being also corner to property of Annie C. Donahue, formerly L. K. Bullock; thence along the northerly side of present location of Colonial Avenue, with the arc of a circle to the left, whose chord is N. 73o 55' E. 22.54 feet, an arc distance of 22.54 feet to a point; thence with the easterly side of the old location of Colonial Avenue, 15 feet east from the centerline of same, N. 32° 00' E. 106.1 feet to a point; thence with the arc of a circle to the right whos~ .radius is 192.91 feet, whose chord is N. 54o 14' 10" E. 146.00 feet, an arc distance of 149.73 feet to a point; thence still along old Colonial Avenue, 15 feet from the centerline thereof, N. 76o 28' 20" E. 131.52 feet to a point on the westerly side of Hartland Road, S. W.; thence with the westerly side of Hartland Road, N. 39o 06' W. 33.25 feet to a point; thence parallel to and 15 feet from the centerline of old location of Colonial Avenue, S. 76o 28' 20" W. 117.16 feet to a point; thence with the arc of a circle to the left whose radius is 222.91 feet, whose chord, is S. 88o 08' 25" W. 90.16 feet, an arc distance of 90.79 feet to a point on the line of Annie C. Donahue property, formerly L. K. Bullock property; thence with a curved line to the left whose chord is S. 42° 34' 05" W. 81.76 feet, an arc distance of 82.23 feet to a point; thence S. 32o 00' W. 158.4 feet to a point on the northerly side of Colonial Avenue, S. W.; thence with the same with a curved line to the left whose chord is N. 72o 18' E. 22.45 feet, an arc distance of 22.45 feet to the place of BEGINNING. WHEREAS, A. T. Loyd has petitioned the City Council for the City of Roanoke to discontinue and vacate certain portion of abandoned Colonial Avenue, S. W. herein- above described; and WHEREAS, A. T. Loyd has requested three viewers be appointed to view the hereinabove described portion of Colonial Avenue, S. W. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Roanoke, that C. F. Kefauver, R. Lee Mastin, Fred DeFelice, L. Elwood Norris and George W. Overby any three of whom may act, are hereby appointed to view the hereinabove des- cribed portion of abandoned Colonial Avenue, S. W., and report in writing whether in their opinion any and if any, what, inconvenience would result from discontinuing and vacating the same. A P P.R 0 V E D ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1973. No. 21221. AN ORDINANCE to amend and reordain Section =37, "Public Assistance," of the 1973-74 Appropriation Ordinance, and providinq for an emerqency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emer§ency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =37, "Public Assistance," of the 1973-74 Appropriation Ordinance, be., and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE ~37 Refunds and Rebates (1) ........................ $3,541.90 (1) Net increase $2,681.00 BE IT FURTHER ORDAINED that, an emerqency existinq, this Ordinance shall be in effect from its passaqe. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1973. No. 21222. A RESOLUTION, authorizin9 and agreein9 that charges made to the Town of Vinton for certain sewage transmission and treatment services as provided for by Ordinance No. 20529 be treated and applied as offsets against the $135,000 contin§en credit to said Town as approved by Ordinance No. 20185. BE IT RESOLVED by the Council of the City of Roanoke that, the Town of Vinton so requestin9 and the City Mana§er so recommendin§, this Council authorizes and agrees that the monthly charges made and to be made by the City of Roanoke to the Town of Vinton for the City's transmission and treatment of certain excess waste of said Town, under and pursuant to the interim a§reement authorized to be entered into between the parties by Ordinance No. 20529, be treated and applied by the City as offsets or charges against the $135,000 contingent credit to the Town of Vinton agreed upon and provided to be allowed by Ordinance No. 20185; said $135,000 credit to be reduced by the a99regate amount of all such monthly offsets. BE IT FURTHER RESOLVED that the City Clerk transmit to the Council of the Town of Vinton, through the Town Clerk, an attested copy of this resolution. ATTEST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1973. No. 21223. AN ORDINANCE to amend and reordain Section ~90, "Sewage Treatment Fund," of the 1973-74 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 Sectio~ =90, "Sewage Treatment Fund," of the 1973-74 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT'FUND =90 Fees for Professional and Special Services (1) ........................ $30,250.00 (1) Net increase $24,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1973. No. 21224. AN ORDINANCE approving and authorizing the employment of Van Note-Harvey Associates to collect and analyze composite samples of waste water from certain in- dustries to determine which industries will need to pretreat their wastes, upon cer- tain terms and provisions; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council that there needs to be collected and analyzed composite samples of waste water from certain industries by qualified engineering consultants to determine which said industries will need to pretreat their wastes and funds sufficient to pay for the cost of the services herein authorized to be employed have been or are being appropriated by the Council; 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. 7 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manaqer be, and he is hereby authorized and empowered to enqaqe for the City, by written agreement to be entered into, on form approved by the City Attorney, the services of Van Note-Harvey Associates to collect and analyze composite samples of waste water from certain industries to determine which industries will need to pre- treat their waste and to make report thereon to the City Manager, in writinq, within the time and in the manner and form approved by the City Manaqer, said Consultinq Enqineers to be compensated for all such services satisfactorily performed; provided however, that the total compensation to be paid for all such services and costs shall not exceed the sum of $24,000.00, without prior authorization of the Council. BE IT FURTHER ORDAINED that, an emerqency existing, this ordinance be in force and effect upon its passaqe. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1973. No. 21225. A RESOLUTION ratifyin§ and approvinq the payment of reqular salary to Officer William L. Bowlin9, a member of the Police Department injured in line of duty, and authorizin9 and directin9 that he be paid his reqular salary for an addi- tional period of sixty (60) days beqinninq November 21, 1973. WHEREAS, William L. Bowlinq, a member of the Poli. ce-Department, was injure in line of duty on May 27, 1972, and as a result of this injury has since been un- able to perform his reqular duties and may be unable to perform said duties for, at least, an additional period of (60) days; and WHEREAS, the City Mana§er has recommended approval of the payment of regu- lar salary to said officer for the sixty-day period endinq November 21, 1973, and that Officer Bowlinq be paid his reqular salary for an additional sixty-day period, in which recommendation this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that pay- ment of reqular salary to Officer William L. Bowlinq, a member of the Police Depart- ment who is unable to perform his reqular duties by reason of personal injury re- ceived in line of duty, for the sixty-day period endinq November 21, 1973, be and is hereby ratified and confirmed, and further, that said officer be paid his re9ular 8 salary for an additional period of sixty (60) days beginning November 21, 1973, or such portions thereof as his disability continues. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1973. No. 21226. AN ORDINANCE authorizing the execution of an agreement with S. H. Heironi- mus Company, Incorporated, relative to the sale of tickets for events at the Roanoke Civic Center, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager has advised the Council that, for the convenience of the public and to aid in the promotion of ticket sales for events to be presented at the Roanoke Civic Center, it is desirable to continue to provide for several appro- priate locations within the area where tickets to such events might be purchased, other than at the Roanoke Civic Center box office, and has recommended that the City continue to contract with S. H. Heironimus Company, Incorporated, for such sales, upon the terms hereinafter set out, in which recommendation the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government, that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager is authorized to execute, on behalf of the City, the requisite non-exclu' sive agreement with S. H. Heironimus Company, .Incorporated, to provide necessary personnel and suitable facilities in said Company's several retail stores in the area for the selling of tickets to the general public for events at the Roanoke Civic Center for a consideration of 3% of the gross amount of ticket sales made in such lo- cations, said agreement to be upon such form as is approved by the City Attorney and to provide, inter alia, for the following: 1. The term of said agreement shall be for a period of five years commenc- ing the 26th day of February, 1973, terminable at the end of any one year period by either party upon the giving of sixty (60) days prior written notice of such inten- tion to terminate. 2. S. H. Heironimus Company, Incorporated shall post a $20,000.00 bond for the purpose of indemnifying the City of Roanoke in the handling of such ticket sales. 3. S. H. Heironimus Company, Incorporated shall be responsible for picking up tickets for each event at the Roanoke Civic Center and returning the unsold ticket and the monies collected to authorized Civic Center personnel only at the conclusion of the sale of tickets for each event. 4. The time of sales shall be during all regular business hours at the several retail stores in the area of said company. 5. S. H. Heironimus Company, Incorporated shall place the ticket booths at suitable locations within the stores. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect upon its passage. A TTE ST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1973. No. 21227. AN ORDINANCE authorizing and directing the City's acquisition of the fee simple title to a certain tract of land which was authorized to be purchased by Ordinance No. 21155, wanted and needed for public purposes in connection with the new Service Center facility; and providing for an emergency. WHEREAS, the property hereinafter described, being wanted and needed by the City for purposes of the City's new Service Center facility, was authorized, by Ordinance No. 21155, to be purchased by the City upon terms and conditions and for the price set out in said ordinance; and WHEREAS, the fee simple title to the land being held in undivided interes by numerous persons, some of whom are infants and thus unable to enter into agree- ment, and others being non-residents of the Commonwealth of Virginia, and that ther, may be parties other than the record owners who may assert some interest in the needed to be acquired, and that acquisition of the land by purchase agreement with all such persons is not now possible; and WHEREAS, during the course of construction and development of the City's Service Center facility the City may need to enter and go upon such land for the purpose of providing said project, prior to which it would be necessary that the City have acquired a right of entry on the hereinafter described property for the purpose of constructing and developing said Service Center facility; 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 City of Roanoke wants and needs for public purposes, for the construction and operation of its new Service Center facility, the fee simple title to the following described land and, being unable to acquire the same by purchase because of incapacity of one or more of the owners thereof, who are infants and be- cause of the present assertion of interest in said land by parties other than its record owners, the City Attorney is hereby authorized and directed to institute in a court of competent jurisdiction in the City condemnation proceedings to acquire for the City the fee simple title in and to the following: Ail that certain tract or parcel of land, situate in the City of Roanoke, containing 15.368 acres, more or less, situate on the south line of Sycamore Avenue, N. E., designated on the Appraisal Maps of the City of Roanoke as Official No. 3070316. 2. That, if hereafter, and because of the construction and development of the aforesaid public project, the City's need to enter and go upon the land for the purpose of providing said project becomes evident to the City Manager, the City Attor. ney is hereby authorized and empowered to make motion on behalf of the City for entry of an order pursuant to the provisions of sS25-46.8 of the 1950 Code of Virginia, as amended, granting to the City an immediate right of entry for the purpose of commen- cing its construction of said project; and the City Auditor, upon request of said City Attorney shall be, and he is hereby authorized and directed to draw and to make payment into such court wherein said condemnation proceedings may be pending, the sum of $360,000.00 heretofore appropriated, and being the estimated fair market value of all said land sought to be acquired in such condemnation proceeding. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance 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 November, 1973. No. 21229. A RESOLUTION, addressed to the State Board of Welfare and Institutions of the Commonwealth of Virginia, endorsing the need for expansion of the City's Juvenile Detention Home facilities so as to provide at least 36 beds for juvenile detainees, and committing the City to certain assurances in connection therewith. WHEREAS, acting upon requests made by the City and other governmental subdi visions within the Fifth Planning District, the State Board of Welfare and Institu- tions is to consider at its next meeting the desire of all said localities that said Board approve and afford the State's participation in an enlargement of the Juvenile Detention Home facilities at Coyner Springs, from its present 21-bed capacity to at least a 36-bed capacity, so as to more adequately serve the needs of the City and of those other localities in the Fifth Planning District which, with the City, share or desire to share the use of the facilities for their juveniles under detention; and WHEREAS, all studies made of the matter have indicated to this Council the urgent need for prompt enlargement of the facility and this Council is convinced of the justification of so doing and in State participation in the cost thereof. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body respectfully urges the Department of Welfare and Institutions of the Commonweal of Virginia to give early approval and full state participation in and to the City of Roanoke's desire and willingness to enlarge its Juvenile Detention Home facilitie at Coyner Springs so as to provide at least a 36-bed capacity; and this body assures said Department of the City of Roanoke's desire and willingness to continue to share and to make said facilities available to those other local governmental subdivisions with whom the City is now under agreement to provide such facilities and to other governmental units in and adjacent to the Fifth Planning District which may or here- after desire to make use of the same. BE IT FURTHER RESOLVED that Councilman Noel C. Taylor, a member of this body and Chairman of the Juvenile Detention Committee of the Fifth Planning District is requested and fully authorized to present the within resolution to the Chairman and members of the State Board of Welfare and Institutions, in meeting, and to urge said Board's early approval of the City's proposal herein and heretofore made. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1973. No. 21230. A RESOLUTION addressed to the Board of Supervisors of the County of Bedfor, relative to the City's supplying surplus water to residents of an area in said County. WHEREAS, this Council, having received request by the Board of Supervisors of the County of Bedford that the City of Roanoke supply water to the residents of said County in the Parkway Estates Subdivision of said County, which matter has been considered by this Council's Water Resources Committee; and WHEREAS, said Committee, studying the matter, has reported to the Council that there is sufficient surplus of such water to serve the area abovementioned and said Committee has recommended that the City agree with the owners of said area to supply and sell said water in accordance with the provisions set out and prescribed in Rule 38 of the City's Rules and Regulations for the operation of its Water Depart- ment; in which recommendation this Council now concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, upon proper application being made to the City's Water Department pursuant to the provisio of Rule 38 of the Rules and Regulations for the operation of said department and upon compliance by such applicant with all applicable terms and provisions of said Rule, and upon provision by the applicant or applicants to the City of a site for a future water storage reservoir, agreeable to the City Manager, the City of Roanoke will sup- ply and sell to the persons residing or located in the Parkway Estates Subdivision in the County of Bedford potable surplus water from its regular water supply now and hereafter owned and operated by said City. BE IT FURTHER RESOLVED that the City Manager cause to be sent to the Hoard of Supervisors of the County of Bedford an attested copy of this resolution to which shall be attached a copy of Rule 38, abovementioned. A TTE ST: ~.~1_~ Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1973. No. 21231. AN ORDINANCE acceptinq the proposal of J. W. Bateson Company, Inc., g Cente Corporation, a Joint Venture DBA J. W. Bateson Company, of Dallas, Texas, for con- struction of a 14 MGD Secondary Plant Addition, Nitrification Facilities, Digesters, Thickeners and a 35 MGD Tertiary Treatment Plant at the City's Sewage Treatment Plant under Contract "E", in accordance with the City's plans and specifications therefor, upon certain terms and conditions, and co. nditionally awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such con- struction upon receipt of approval thereof by State and Federal agencies; and provid- ing for an emergency. WHEREAS, upon due and proper advertisement therefor, certain bids were received by the City for the construction hereinafter authorized and, upon opening before the Council at a Special Meeting thereof held on November 7, 1973, were read and referred to a committee for tabulation, as a result of which the proposal of J. W. Bateson Company, Inc. & Centex Corporation, a Joint Venture DBA J. W. Bateson Company, to perform all of the work provided for in Contract "E" as offered to all bidders was determined to represent the lowest and best bid made to the City for all such work, said proposal being for the lump sum of $21,839,000.00; and WHEREAS, there has heretofore been appropriated for the purpose a sum suf- ficient for the payment of the contract price hereinafter provided; and WHEREAS, for the usual daily operation of the municipal government, an eme gency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, as fol- lows: 1. That the proposal of J. W. Bateson Company, Inc., ~ Centex Corporatior a Joint Venture DBA J. W. Bateson Company, of Dallas, Texas, dated November 7, lq73 made to the City for the construction of a 14 MGD Secondary Plant Addition, Nitrifi- cation Facilities, Digesters, Thickeners and a 35 MGD Tertiary Treatment Plant at the City's Sewage Treatment Plant, using dual media in the filters, in accordance with the City's plans and specifications therefor, under contract offered to bidders as Contract "E" for such treatment plant additions and as provided in the contract documents offered said bidders, for a lump sum of $21,839,000.00, which proposal is on file in the office of the City Clerk, be, upon the City's receipt of the formal approvals set out in paragraph 2., infra, ACCEPTED; the cost whereof shall be paid out of funds which have been or are being appropriated by the Council for said im- provements; 2. That, upon the City's receipt of approval by all requisite State and Federal agencies of the aforesaid proposal and of the City's award of a contract thereon, the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute the requisite written contract with J. W. Bateson Company, Inc., ~ Centex Corporation, a Joint Venture DBA J. W. Bateson Company, based on its lump sum bid aforesaid, the terms of which contract shall be as set out in said proposal and in the contract documents whereon said bid was made; and 3. That the bid deposits of all other bidders to the City for' the award of the aforesaid contract be held by the City, in accordance with instructions given such bidders, for a period of sixty-one (01) days followin9 the date of the bid opening or until execution of contract documents by the low bidder hereinabove named, whichever shall first occur. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage; and that copies hereof be transmitted by the City Manager to the State Water Control Board and to the Environmental Pro- tection Agency. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1973. No. 21232. AN ORDINANCE providing for furnishing and installing carpet for use in the Juvenile and Domestic Relations Courtrooms in the Third Street Building by accepting a certain proposal made to the City for the supply of same; upon certain terms and conditions; rejecting other bids made to the City; directing that the City Manager readvertise for bids for furnishing and installing custom furnishings and movable furniture for said courtrooms; and providing for an emergency. WHEREAS, at the meeting of the Council held on October 29, 1973, and after proper advertisement had been made therefor, certain bids for furnishing and installi custom furnishings, carpet and movable furniture for use in the Juvenile and Domestic Relations Courtrooms in the Third Street Building, 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 tabula- tion of said bids and has further reported that the carpet hereinafter authorized to be purchased is the least expensive of such furnishings which meets or exceeds all of the City's specifications made and required for such equipment, but that the other bids for furnishing the movable furniture and custom furnishings should be rejected a: readvertised for bids; and sufficient funds have been appropriated to provide for pay. ment of the carpet hereinafter authorized to be purchased; 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 passag, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bi. of Camps Carpets to furnish, deliver and install carpet for use in the Juvenile and Domestic Relations Courtrooms in the Third Street Building, all such carpet meeting o exceeding the City's specifications made for same, for a total net purchase price of $2,679.50, cash, be, and said proposal is hereby ACCEPTED; and the City Purchasing Agent is hereby authorized and directed to enter into the requisite contract or pur- chase order with the successful bidder for the aforesaid carpet, said contract or purchase order to be approved as to form by the City Attorney and to have incorporate. therein the City's aforesaid specifications, said bidder's proposal, guarantees and warranties, and the provisions of this ordinance; and upon delivery and installation to the City and said City's acceptance of said carpet, the proper City officials shal be, and are hereby authorized to make payment to said supplier the above net purchase price, not to exceed the sum hereinabove enumerated. BE IT FURTHER ORDAINED that the other bid made to the City for the supply and delivery of other similar carpet, as well as the single bid received for supplyin movable furniture be, and said bids are hereby REJECTED; and the City Clerk shall so notify said other bidder and, in so doing, express the City's appreciation of said bid. BE IT FURTHER ORDAINED that the City Manager do readvertise for bids the matter of supplying custom furnishings and movable furniture for said courtrooms, the latter readvertisement to allow prospective bidders to specify their times for delivery. 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 l~th day of November, 1973. No. 21233. AN ORDINANCE to amend and reordain "Transfers Within Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that "Transfers Within Capital Improvements Fund," of the 1973-74 Appropriation Ordinanc be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS WITHIN CAPITAL IMPROVEMENTS FUND Vocational Technical Center CIP-69 (1) .......... $ 990,000.00 Service Center 99-315 (2) ....................... $1,825,970.55 (1) Net decrease ....... $360,000.00 (2) Net increase $360,000.00 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 November, 1973. No. 21228. AN ORDINANCE authorizing the execution of a Cooperative Agreement between the City of Roanoke and the Commonwealth of Virginia, Department of Conservation and Economic Development, Division of Parks, providing for the use by the general public of a portion of the Appalachian National Scenic Trail as a pedestrian path, upon cer- tain terms and provisions. WHEREAS, the Real Estate Committee has advised the Council that the Common- wealth of Virginia, through its Department of Conservation and Economic Development, Division of Parks, desires to assure preservation of the Appalachian National Scenic Trail for public use and enjoyment in the matter of providing a route for such trail, a portion of which will meander through property owned by the City, and has recommend- ed that the City enter into a Cooperative Agreement with the Commonwealth in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized to execute and to seal and attest, respectively, for and on behalf of the City, a Cooperative Agreement with the Commonwealth of Virginia, Department of Conservation and Economic Development, Divi- sion of Parks, so as to allow the general public the right to use as a pedestrian path a certain 200-foot strip or right of way, measured 100 feet on each side of the centerline of the established Appalachian Trail, for approximately 31,000 feet in length, as the trail meanders in and out of certain property belonging to the City, for a term of ten (10) years, such Cooperative Agreement to be upon such reasonable terms, protective of the City's interest, as the City Manager may determine, to be substantially in the same form as the Cooperative Agreement transmitted with the Real Estate Committee's report to the Council of November 12, 1973, and to be otherwise upon form approved by the City Attorney. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of November, 1973. No. 21238. A RESOLUTION restating the interest of the City of Roanoke in acquiring the present Federal Building, in Roanoke, when its use is no longer needed by the Postal Service and the Government, and requesting certain assistance and consideration in the matter. WHEREAS, this body, as early as in June, 1959, upon being advised that the Government was considering the building of new facilities in the City to replace tho presently contained in its Post Office and Federal Courthouse Building on Church Avenue between 2nd and 3rd Streets, S. W., officially expressed the interest of the City in acquiring said older Federal Building should its use by the Government be discontinued; and WHEREAS, this body, later, in February, 1971, again stated the interest of the City in acquiring said property, so that it might be used for public purposes of the City, addressing its stated desire to the City's Representatives in the 92nd Congress and to the Postmaster General; and WHEREAS, this body is now informed that the facilities of the Postal Ser- vice formerly housed in said older building are now being moved to the new Post Office Building in the Kimball Urban Renewal Area and that the courtrooms and other Government offices in said'older building will be moved into the Government's new Richard H. Poff Federal Building on Franklin Road, now under construction, and the completion of which is expected in 1975; and WHEREAS, this Council desires to renew its request that said property be made available for acquisition by the City when its present use by the Government is discontinued. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Con- gressman M. Caldwell Butler and E. T. Klassen, Postmaster General, be and they are hereby advised of the City of Roanoke's interest and desire to acquire for public purposes of the City the property in the City bounded by Church Avenue, Luck Avenue and 2nd and 3rd Streets, S. W., when its use by the Postal Service, by the United States District Court for the Western District of Virginia and other Government agen. cies and offices has been discontinued. BE IT FURTHER RESOLVED that attested copies of this Resolution, to which shall be attached copies of Resolution Nos. 13769 and 19545, heretofore adopted, be transmitted by the City clerk to the Honorable M. Caldwell Butler and to the Honorab E. T. Klassen. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of November, 1973. No. 21239. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Im- provements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emer- gency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio =89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND =89 Traffic Signals CIP 28 .................... $24,360.00 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 26th day of November, 1973. No. 21240. A RESOLUTION authorizing the filing of an application with the Economic Development Administration, United States Department of Commerce, United States of America, for a grant under the terms of Public Law 89-136, as amended. WHEREAS, under the terms of Public Law 89-136, as amended, the United State of America has authorized the making of grants to public bodies and private or public nonprofit organizations or associations to aid in financing the development of speci- fic projects. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that t'. City Manager is hereby authorized to execute and file an application on behalf of the City of Roanoke with the Economic Development Administration, United States Departmen of Commerce, for a grant to aid in financing the development of Loudon Park, John F. Kennedy Park and Washington Park in the Northwest section of Roanoke, Virginia. BE IT FURTHER RESOLVED that Byron E. Haner, City Manager of the City of Roanoke, is hereby authorized and directed to furnish such information as the Economi Development Administration, United States Department of Commerce, may reasonably request in connection with the application which is herein authorized to be filed. ATTEST: Deputy City Clerk APPROVED Mayor CERTIFICATE The undersiqned duly qualified and actin9 of the City of Roanoke, Virqinia, does hereby certify: That the attached resolution is a true and correct copy of the resolution, authorizinq the filin9 of application with the Economic Development Administration, United States Department of Commerce, as reqularly adopted at a leqally convened meetinq of the Council of the City of Roanoke, duly held on the day of , 1973; and further that such resolution has been fully recorded in the journal of proceed- in§s and records in my office. In Witness Whereof, I have hereunto set my hand this day of , 1973. City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of November, 1973. No. 21241. AN ORDINANCE to amend and reordain Section ~10, "City Auditor," of the 1973-74 Appropriation Ordinance, and providinq for an emerqency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emerqency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~10, "City Auditor," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY AUDITOR =10 Personal Services (1) ................... $236,053.50 (1) Net increase $5,040.00 2O BE IT FURTHER ORDAINED that, an emerqency existinq, this Ordinance shall be in effect from its passaqe. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF T~E CITY OF ROANOKE, VIRGINIA, The 26th day of November, 1973 No. 21242. A RESOLUTION providin9 for public notice of meetinqs of all Boards, Autho- rities, Commissions and Committees established by the Council of the City of Roanoke; and repealinq Resolution No. 21039. WHEREAS, the Council is of opinion that public notice should be 9iven of those meetinqs of all Boards, Authorities, Commissions and Committees established by the Council, and that those meetinqs should be public meetinqs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Sec. VII, Meetinas, of the "Statement of Policy on Appointment by Roanoke City Council to Boards, Authorities, Commissions and Committees", heretofore adopted on January 29, 1973, by the Council by Resolution No. 20693, be and is hereby amended to read and provide as follows: VII. Meetinas. All boards, authorities, commissions and commit- tees which are established by the Council shall hold public meetinqs, and shall qive at least twelve hours public notice of all reqular or spe- cial meetin§s. Written notice of the time and place of such meetinqs posted in the City Clerk's office in the City of Roanoke, and furnished to representatives of the news media theretofore havinq indicated a desire to receive such notifi- cation, shall constitute such public notice; pro- vided, however, that inaccuracy or inadequacy of such notice shall not in any manner affect the validity of any proceedinqs had or taken by any such board, authority, commission or committee. BE IT FURTHER RESOLVED that Resolution No. 21039 be and is hereby REPEALED. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of November, 1973. No. 21243. AN ORDINANCE to amend and reordain Sec. 3. Library Board - Composition: appointment: comDensatipB, of Chapter 2. Public Libraries, Title VIII of the Code of the City of Roanoke, 1956, as amended, providing for the appointment of additiona members to Said board by other jurisdictions contracting with the City for library service; and providin9 for an emergency. WHEREAS, the City Manager has recommended that the City of Roanoke contrac with Craig County for the provision of library services to the residents of said county, and sS42.1-34 of the 1950 Code of Virginia, as amended, requires that any governing body contracting with another political subdivision for the provision of library service shall have the power to appoint at least one member to the library board contracting to provide such service; and WHEREAS, for the usual daily operation of the municipal government, an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that Sec. 3. Library Board - Composition: appointment: compens~ioll, of Chapter 2. Public Libraries, Title VIII, of the Code of the City of Roanoke, 1956, as amended, be, and said section is hereby amended and reordained to read and provide as follows: Sec. 3. Library Board- Composition; appointment; compensation. There shall be a library board consistin§ of ten persons one of whom shall be the superintendent of public schools, and the remaining nine members shall be chosen by the council from the citizens at large. The total membership of the board shall be increased by one member for each political subdivision which has entered into contract with the City for the provision in such political subdivision of library services, such member to be a resident of such other political sub- division so contractin9. No member of the library board shall receive compensation as such. BE IT FURTHER ORDAINED that, an emergency existin9, 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 November, 1973. No. 21244. A RESOLUTION expressin9 the Council's willinqness to consider participation in a new facility for off-street parkinq and storaqe of vehicles by the public in the Downtown East urban renewal area. WHEREAS, the Council of the City of Roanoke has, for some time, recoqnized the need for and importance of additional parkinq and storaqe facilities for vehicles in the central business district of the City of Roanoke and, by Resolution No. 20206, adopted April I0, 1972, did concur in a site selection for a new public facility and commit the City to construct or to assure the construction of one such facility in the downtown area of the City, in a manner provided by law; and WHEREAS, the Council recoqnizes the potential need for off-street parkin9 facilities in the development of the Downtown East urban renewal area. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council of the City of Roanoke hereby expresses its willin§ness to consider, should the need arise, participation in a new facility for off-street parkin9 and storaqe of vehicles by the public in the Downtown East urban renewal area. BE IT FURTHER RESOLVED that the City Clerk do deliver attested copies of this resolution to any interested person or citizen requestinq the same. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1973. No. 21234. AN ORDINANCE vacatin9, discontinuinq and closin9 that unused portion of Walton Street, N. E., 40 feet in width and extendin9 112 feet South from the Southerl side of Wallace Avenue, N. E. This portion of Walton Street, N. E. lies between Lot 60, Block 12, Lilly View Map, and Lot 62A, Block 12, Jackson Park. WHEREAS, Robert A. Wingfield, Jr. and Martha W. Winqfield, husband and wife, and Thomas H. Beasley, Jr. have heretofore filed their petition before Council in accordance with sS15.1-364 of the Code of Virginia of 1950 requestinq Council to permanently vacate, discontinue and close the above described portion of said streets and WHEREAS, in accordance with the prayer of said petition, viewers were appointed by Council on the 1st day of October, 1973, to view the property and repor' in writing whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing said portion of said streets; and WHEREAS, it appears from the duly verified report of three of said viewers filed with the City Clerk on the 6th day of November, 1973, that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing said portion of said streets; and WHEREAS, it further appears that petitioners agree to bear all expense of this proceeding; and WHEREAS, it further appears from a communication filed with the Clerk of the Council on the 18th day of October, 1973, that the City Planning Commission recommends the granting of the prayer of the petition; and WHEREAS, on the 26th day of November, 1973, a public hearing to consider the closing of said portion of said streets herein requested was held before City Council and no objection was heard from any citizen to the request for closing. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the following portion of said streets: That unused portion of Walton Street, N.E., 40 feet in width and extending 112 feet South from the Southerly side of Wallace Avenue, N.E.; this portion of Walton Street, N.E. lies between Lot 60, Block 12, Lilly View Map, and Lot 62A, Block 12, Jackson Park, in the City of Roanoke, Virginia, be, and they hereby are, permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke and the public therein is hereby released insofar as the Council is so empowered to do, reserving, however, unto the City of Roanoke an easement for any sewer lines or water mains that may now be located across said property, together with the right of ingress and egress for the maintenance of such lines and mains. BE IT FURTHER ORDAINED that the Clerk of this Council do forthwith certify to the Clerk of the Circuit Court for the City of Roanoke, Virginia, a copy of this Ordinance for recordation in the deed books of his office and a like copy to the City Engineer so that he may show on all maps in his office the closing of said portion of said streets. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1973. No. 21235. ORDINANCE permanently vacating, discontinuing and closing that certain un- opened portion of 17th Street, S. W., which extends in a northerly direction from its intersection with Campbell Avenue, S. W., approximately 150 feet, more or less, said street being 50 feet wide, more or less. WHEREAS, John A. Hall & Co., Inc., and Saunders & Johnson, Inc. have hereto- fore filed their petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the remaining portion of the above-described street for a distance of 150 feet, more or less, the filing of which petition due notice was given to the public as re- quired by law; and WHEREAS, in accordance with prayers of said petition, viewers were appointe, by the Council on the lOth day of September, 1973, to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said portion of said street; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk that no inconvenience, would result to any individual or to the public from permanently vacating, discoatinuing and closing said portion of said street; and WHEREAS, Council at its meeting on September 10, 1973, referred the petitio to the City Planning Commission, which Commission in its report before Council on October 8, 1973, recommended that the request to close 150 feet, more or less of 17th Street be granted; and WHEREAS, a public hearing was held on the question before Council at its meeting on the 26th day of November, 1973, at 7:30 p.m., after due and timely notice thereof published in the Roanoke World News, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, from all of the foregoing, Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinu- ing and closing that certain unopened portion of 17th Street, S. W., extending in a northerly direction from Campbell Avenue, S. W., as recommended by the Planning Com- mission, and that accordingly said street should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that unopened portion of 17th Street, S. W., extending approximately 150 feet in a northerly direction from its intersection with Campbell Avenue, S. W., which is more particularly described as follows: BEGINNING at a point on the northerly line of Campbell Avenue, approximately 400 feet from its intersection with Sixteenth Street, said beginning point also being the southwesterly corner of Lot 16, Block lcd, according to the Map of Westend Land Company, (Tax Number 1320508); thence in a northerly direction with the westerly boundary of said lot approximately 150 feet to a point, said point being the northwesterly corner of said lot; thence in a westerly direc, tion approximately 50 feet to a point, said point bein9 the northeasterly corner of Lot 9, Block 20, accordin9 to the Map of Westend Land Company (Tax Number 1320416); thence in a southerly direction with the east- erly boundary of said lot approximatel'y 150 feet to a point on the northerly line of Campbell Avenue, said point being the southeasterly corner of said lot; thence with the northerly line o£ Campbell Avenue in an easterly direction approximately 50 feet to the PLACE OF BEGINNING. BE, and it hereby is, permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke, Virginia, and of the public and to the same be, and it hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, the City of Roanoke, Virginia, reserving unto itself, however, a perpetual easement for sewer lines, drains, water lines and other public utilities which may now be located in and over the aforesaid street. BE IT FURTHER ordained that the City Engineer be, and he hereby is, direct- ed to mark "Permanently Vacated" on the portion of 17th Street, S. W., above-describ- ed on all maps and plats on file in his office on which the said street is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ordained that the Clerk of the City deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, a certified copy of this Ordi- nance in order that the Clerk of said Court may make proper notation on all maps or plats recorded in his office upon which are shown the said street, now as provide~ by law, and that if requested by any party in interest, he may record the same in thi deed book in his office indexing the same in the name of the City of Roanoke, Virgin~ ia, 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 10th day of December, 1973. No. 21236. AN ORDINANCE permanently vacating, discontinuing, and closing a certain portion of Underhill Avenue, S. E., 40 feet in width, extending from the easterly line of Bennington Street, S. E., to the west line of Kindred Street, S. E., and all of that certain 12-foot wide alley extending through Block 4, of the Map of Eastover Place between Bennington and Kindred Streets, S. E., aforesaid, said street and alley bein9 shown on Sheet 433 of the City's Tax Appraisal Map, the title to which said portion of said street and alley shall revert to the abuttin9 owners; and autho. rizing the payment of viewers in connection with said street closin9. WHEREAS, the Council has heretofore on its own motion proposed the permanent closing, vacating, and discontinuing of the street and alley hereinafter described and did, by Resolution No. 21201, appoint viewers to view said street and alley and to report to the Council as provided by law; and did further refer to the City Plan- ning Commission the Council's proposal to permanently close, vacate, and discontinue said street and alley; and WHEREAS, Messrs. Edward H. Brewer, Harold W. Harris, Jr., and Lester K. Stover, 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 alley and have reported to the Council in writing under date of November 23, 1973, 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 said alley; and the City Planning Com- mission, upon consideration of the Council's proposal, has recommended to the Council in writing that said street and alley be permanently vacated, closed and discontinued and WHEREAS, at a public hearing on the question of the closing of said street and alley, held at the Council meeting on the 26th day of November, 1973, at 7:30 p.m in the Council Chambers, after due and timely notice of such public hearing published in a local newspaper, no person appeared in opposition to the closing of the same as hereinafter provided; and WHEREAS, the Council is, itself, of opinion that no inconvenience would result, either to any individual or to the public, from permanently vacating, closing and discontinuing that portion of the street and alley described in the aforesaid Resolution and in said Report of Viewers and hereinafter described, and that the same should be permanently vacated, closed, and discontinued as a public street and public alley, the fee simple title to which will revert to the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following described portion of that street and alley situate in the City of Roanoke, to-wit: (a) That certain portion of Underhill Avenue, S. E., (40 feet in width), extending from the easterly line of Bennington Street, S. E., in an easterly direction approximately 960 feet to the west line of Kindred Street, S. E.; and (b) All that certain 12-foot wide alley extending through Block 4, Map of Eastover Place, from the easterly line of Bennington Street, S. E., to the west line of Kindred Street, S. E., aforesaid; as said street and alley are further shown on Sheet No. 433 of the City's Tax Appraisal Map. be, and are hereby permanently VACATED, DISCONTINUED and CLOSED as a public street and public alley, and that all right, title and interest of the public in general in and to such portion of said street and alley, as 'a public street, thoroughfare and alley of the City, is hereby terminated and released insofar as this Council is em- powered so to do, the City of Roanoke in its corporate capacity reserving unto it- self, however, the fee simple title in and to all of the land in the portion of said former street and alley hereby vacated, closed and discontinued. BE IT FURTHER ORDAINED that the City Enqineer be, and he is hereby directe to mark "permanently vacated, discontinued and closed" that portion of said former street and alley herein vacated on all maps and plats in his office, referrin9 to the book and pa§e of resolutions and ordinances of the Council of the City of Roa- noke 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 Underhill Ave- nue, S.E., and 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 Virqinia, as amended, doth hereby authorize and direct the City's payment of $25.00 to each of the followinq named viewers who have acted in this matter in payment for their services, viz: Edward H. Brewer, Harold W. Harris, Jr. and Lester K. Stover; the Council, further, does hereby express its appreciation to the aforesaid viewers for their services in this regard. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1973. No. 21237. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of th City of Roanoke, 1956, as amended, and Sheet No. 24P, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoninq. WHEREAS, application has been made to the Council of the City of Roanoke to have property located near the intersection of Cove Road and Hershberqer Road, N. W., described as the northeasterly portion of Official Number 2480147, and all of Official Numbers 2480117, 2480141, 2480148 and 2480111, all of which contain 16 acres, more or less, in the City of Roanoke, Virqinia, rezoned from RS-3, Sinqle- Family Residential District, to RG-1, General Residential District; and WHEREAS, the City Planninq Commission has recommended that the hereinafte described land not be zoned from RS-3, Sinqle-Family Residential District, to RG-1, General Residential District; and WHEREAS, the written notice and the posted sign required to be published an~ 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 November, 1973, 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. THEREFOIIE, 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 Roa- noke, be amended in the following particular and no other, viz.: Property located near the intersection of Cove Road and Hershberger Road, N. W., in the City of Roanoke, Virginia containing 16 acres, more or less designated on Sheet 248 of the Sectional 1966 Zone Map, City of Roanoke, as a northeasterly portion of Official No. 2480147 and all of Official Tax Nos. 2480117, 2480141, 2489148 and 2480111, be, and is hereby, changed from RS-3, Single-Family Residential District, to RG-1, General Residential District, and that Sheet No. 248 of the afore- said map be changed in this respect. APPROVED ATTE ST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1973. No. 21245. AN ORDINANCE to amend and reordain Section ~37, "Public Assistance," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~37, "Public Assistance," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE ~37 Aid to the Blind (1) ................... $25,135.00 (1) Net increase- $1,250.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1973. No. 21246. AN ORDINANCE to amend and reordain Section =45, "Police," of the 1973-74 Appropriation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =45, "Police," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE ~45 Personal Services (1) ................... $1,995,043.00 (1) Net increase .... $540.00 BE IT FURTHER ORDAINED that, an emergency existin9, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1973. No. 21247. AN ORDINANCE to amend and reordain Section ~t548, "Child Abuse Documentary, of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 3O THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectiofi ~548, "Child Abuse Documentary," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CHILD ABUSE DOCUMENTARY ~548 Child Abuse Documentary .......................... $11,390.00 BE IT FURTHER ORDAINED that, an emerqency existing, this Ordinance shall be in effect from its passaqe. ATTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1973. No. 21248. A RESOLUTION authorizin9 and approving the City's participation in a pro- ject for televising a 30-minute film documentary on child abuse in the Commonwealth of Virginia, within the Roanoke Valley, by acting as receiving agency for funds to be used in the project. WHEREAS, by Resolution No. 20941, adopted June 11, 1973, the Council autho- rized the filing by the City of an application with the State Department of Planning and Community Affairs for Urban Assistance Incentive Funds in the amount of $2,348.00 for the purpose of financing the televising of a 30-minute film documentary on child abuse in the Commonwealth of Virginia, by the Blue Ridge ETV Association (WBRA-TV), which said grant has been approved; and WHEREAS, the Virginia Department of Welfare and Institutions has agreed to provide $8,952.00 to be used along with the aforesaid grant and in-kind contribution providing that the City of Roanoke act as receiving and disbursing agent for the funds and appropriate the total amount of $11,390.00 for the aforesaid purpose, which amount will be reimbursed to the City from the aforesaid grant and Department of Welfare and Institutions funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby authorize the City Manager or his duly authorized representative, for and on behalf of the City of Roanoke, to act as the receiving and disbursing agent for funds to be provided Blue Ridge ETV Association (WBRA-TV) for the purpose of televising a 30-minute film documentary concerning child abuse in the Commonwealth of Virginia, within the Roanoke Valley. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1973. No. 21249. A RESOLUTION authorizin9 that the City sublease to Wheelinq-Pittsburqh Steel Corporation certain rail tank cars leased by the City from General American Transportation Corporation pursuant to the provisions of Ordinance No. 21175, adopte October 22, 1973. WHEREAS, the City Manaqer has recommended to the Council that he be autho- rized to sublease, on behalf of the City, to Wheelinq-Pittsburqh Steel Corporation six (6) Class DOT 103-BW tank cars heretofore leased by the City from General Ameri- can Transportation Corporation for the City's use in transportinq pickle liquor from plants of Wheelin§-Pittsburqh Steel Corporation to the City's Sewage Treatment Plant the Council beinq advised that such arranqement is advisable in order to avoid pay- ment of demurraqe on said cars while at the plants of Wheelinq-Pittsburqh Steel Corporation and, further that the City's sublease of said cars for the purpose aforesaid is expressly permitted under the terms of the City's lease with General American Transportation Corporation; and WHEREAS, the authority hereinafter contained is deemed by the Council to be incidental to and for carryin9 out the purposes of Ordinance No. 21175, afore- said. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Mana§er be and he is hereby authorized to enter into written a§reement with Wheelinq-Pittsbur§h Steel Corporation, upon form approved by the City Attorney, pro- vidin9 for the City's sublease to Wheelinq-Pittsburqh Steel Corporation of the six (6) rail tank cars leased by the City from General American Transportation Corpora- tion under lease a§reement dated October 22, 1973, when and if such tank cars shall have arrived at Wheelinq-Pittsburqh Steel Corporation's Yorkville and/or Stueben- ville, Ohio, plant and until each such car be delivered by said sublessee to a com- mon carrier at a point for transportation in accordance with the City's shippin9 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 Mana§er and the City Attorney. APPROVED ATTEST: Deputy City Clerk ~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1973. No. 21250. AN ORDINANCE providing for the City's acquisition of certain properties wanted and needed as a site for a publicly owned downtown parking facility in the City of Roanoke, and providing for an emergency. WHEREAS, because of the need for a publicly owned downtown parking facility in the City, it is necessary that the parcels of land hereinafter described be ac- quired by the City in fee simple; and WHEREAS, the City Manager, has had appraisals made of the value of the pro- perties needed to be acquired by the City for the aforesaid purpose, which said appra sals set the fair market value of said land; and WHEREAS, a sum sufficient to pay the purchase prices 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 a site for a publicly owned downtown parking facility in the City of Roanoke, the fee simple unencumbered title to the following parcels of land situate in the City of Roanoke, viz: (1) Lot 14, Block 12, S.W.1, Official Survey, bearing Official No. 1011611 according to the Tax Appraisal Map of said City; and the City Manager is hereby authorized and directed to offer on behalf of the City to the Trustees, Mountain Dale Lodge, I.O.O.F., the owners of said land, a consideration of $220,000.00, cash, for said owner's conveyance to the City of the fee simple unencumbered title to said par- cel of land. (2) Lot 15, Block 12, S.W.1, Official Survey, bearing Official No. 1011612 according to the Tax Appraisal Map of said City; and the City Manager is hereby autho. rized and directed to offer on behalf of the City to Charles H. Burton, the owner of said land, a consideration of $147,000.00, cash, for said owner's conveyance to the City of the fee simple unencumbered title to said parcel of land. (3) Lot 16, Block 12, S.W.1, Official Survey, bearing Official No. 1011613 according to the Tax Appraisal Map of said City; and the City Manager is hereby autho. rized 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 $88,000.00, cash, for said owners' conveyance to the City of the fee simple unencum- bered title to said parcel of land. 33 (4) Lots 17, 18, and 19, Block 12, S.W.I, Official Survey, bearin9 Offi- cial Nos. 1011614 and 1011615, accordin§ to the Tax Appraisal Map of said City; and the City Mans§er is hereby authorized and directed to offer on behalf of the City to Mountain Trust Bank, executor under the will of Frank Edwin Page, deceased, the owner of said lands, a consideration of $545,000.00, cash, for said owner's convey- ance to the City of the fee simple unencumbered title to said parcels of land. BE IT FURTHER ORDAINED that upon acceptance of such offers by execution of option agreements or contracts of sale and thereafter upon delivery to the City of good and sufficient deeds of conveyance, approved as to form by the City Attorney the City Auditor is hereby directed to issue and deliver to said owners the City's check in sums not to exceed the amounts hereinabove set out in payment of the con- siderations, aforesaid. BE IT FURTHER ORDAINED, that an emergency existin9 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 lOth day of December, 1973. No. 21251. AN ORDINANCE providin9 for the City's acquisition of certain property wanted and needed as part of the site for relocation of Fire Station No. 1, in the City of Roanoke, and providin9 for an emergency. WHEREAS, the City needs to obtain a site upon which to relocate Fire Sta- tion No. 1, and the City Manager has advised the Council that the 21,344 square foot parcel of land hereinafter authorized to be acquired would be suitable and would, upon the later relocation of a portion of 2nd Street, S. E., provide a site in exces of 0.86 acre for said fire station; and WHEREAS, the City Manager has had appraisal made of the value of the afore. said property which has indicated the fair market value of said land to be $85,000.00; 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 relocation of Fire Station No. 1, the fee simple, unencumbered title to the followin§ parcel of land situate in the City of Roanoke, viz: Ail that certain lot or parcel of land bounded on the west of the present east line of 2nd Street, S. E., on the south by Tazewell Avenue, S. E., on the east by Norfolk and Western Railway Company's Winston-Salem right-of-way line and on the north by land occupied by Firestone Stores Division of Firestone Tire G Rubber Com- pany, containing 21,344 square feet, more or less; and said City Manager is hereby authorized and directed to offer on behalf of the City to the Norfolk G Western Rail- way Company, the owner of said land, a consideration of $85,000.00, cash, for said owner's 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 City Auditor is hereby directed to issue and deliver to sai owner 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. ATTEST: Deputy City Clerk APPROVED Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1973. No. 21252. AN ORDINANCE to amend and reordain Section =550, "Airport Capital Improve- ments Program," of the 1973-74 Airport Appropriat-ion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio =550, "Airport Capital Improvements Program," of the 1973-74 Airport Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT CAPITAL IMPROVEMENTS PROGRAM ~550 Extension to Runway 5L/23R .................. $106,595.10 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE,' VIRGINIA, The 10th day of December, 1973. No. 21253. AN ORDINANCE to amend and reordain Section =550, "Airport Capital Improve- ments Fund," of the 1973-74 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 Sec- tion ~t550, "Airport Capital Improvements Fund," of the 1973-74 Airport Fund Appropr ation Ordinance, be, and the same is hereby, amended and reordained to read as fol- lows, in part: AIRPORT CAPITAL IMPROVEMENTS FUND ~550 Improvements to Runway 33 (I) ................ $ - 0- Improvements to Runway 15 (2) ................ $ - 0- Land Acquisition (3) ......................... $203,702.36 (1) Net decrease $ 28,902.36 (2) Net decrease $ 75,000.00 (3) Net increase $103,902.36 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 10th day of December, 1973. No. 21254. AN ORDINANCE amending and reordaining Ordinance No. 21207, limiting the speed at which vehicles owned by or operated upon the business of the City may be operated until further order of the Council, providing for the enforcement of the provisions of this ordinance; and providing for an emergency. WHEREAS, the Council of the City of Roanoke on the 12th day of November, 1973, at the behest of the President and in order to conserve and reduce the quantity of fuel used by motor vehicles, adopted Ordinance No. 21207, limitinq to a speed of 50 miles per hour the speed at which, with certain exceptions, motor vehicles owned by or operated on the official business of the City may be operated; and WHEREAS, more recently, the Governor of Virqinia, by Executive Order, has reduced to 55 miles per hour the speed at which any motor vehicle on any hiqhway in the Commonwealth may be operated; and this Council considers that the speed limit set in Ordinance No. 21207, aforesaid, should be adjusted to the state-wide speed limit ordered by the Governor; and WHEREAS, for the immediate preservation of the public health 'and safety, it is deemed by this Council that the provisions of this ordinance shall take effect upon its passaqe. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordi- nance No. 21207, heretofore adopted on the 12th day of November, 1973, be and said ordinance is hereby amended and reordained to provide as follows: 1. No motor vehicle owned by the City of Roanoke or operated upon the official business of the City of Roanoke by an officer, official or employee of said City shall be operated at a speed in excess of 55 miles per hour upon the public streets or hiqhways within or without the City of Roanoke, except in cases of emer- qency, it beinq expressly provided that such speed limitation shall not apply to fire and police vehicles or to vehicles operated by members of the City's Fire and Police Departments when such vehicles are beinq then used to combat fire or threatened or reported fire, or in the actual enforcement or attempted enforcement of the criminal laws and ordinances of the CommonWealth and of this City; and 2. That administrative actiOn be taken by the City Manaqer to apply and enforce the provisions of this ordinance as to all officials and employees of this City operatin9 motor vehicles owned by the City or operated upon official business of the City and to prevent other than essential and necessary use of the vehicles of the City. BE IT FURTHER ORDAINED that, an emergency existing, the provisions of this ordinance shall be in effect upon its passage and shall continue until the provisions hereof are modified, extended or repealed by the City Council. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1973. No. 21255. AN ORDINANCE authorizing the City's execution of a contract with the Coun- ty of Craig, providing for the City's furnishing of certain bookmobile library ser- vice to said County upon certain terms and conditions; and providing for an emergen- cy. WHEREAS, the City of Roanoke is desirous of entering into a contract with the County of Craig to supply to said County certain bookmobile library service here. inafter described, and said County is understood to be willing and desirable to con- tract and to pay for such service as is hereinafter provided; and WHEREAS, in order to make timely application for State Library funds to acquire a bookmobile necessary for the performance of such library service to the County of Craig and for the usual daily operation of the municipal government, 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, upon due and proper execution by the County of Craig of the agreement hereinafter set out and upon approval of the form thereof by the City Attorney, the Mayor and the City Clerk shall be and are hereby authorized and directed to execute on behalf of the City of Roanoke and to seal and attest, respectively, a certain written agree. merit drawn to be executed by said City and said County relating to certain bookmobil library service to be furnished and supplied by said City to said County, the terms and conditions whereof are to be substantially as follows: 1. That the City will provide bookmobile public library service to the County of Craig pursuant to the agreement at such stops in Craig County as may be mutually agreed upon by the Roanoke Library Board and the Board of Supervisors of Craig County, or their duly authorized representatives. 2. That all Craig County residents shall be entitled to the issuance of free library cards and, when issued, may borrow library materials from the bookmobil, from the Roanoke Public Library and from any branch thereof, subject to the same rules and regulations that apply to the residents of the City of Roanoke. 3. That the County will pay to the City each fiscal year commencing as of July 1, 1974, for the library service agreed to be provided, the sum of $1,500.00, which said payment may be made in quarterly installments made in the months of July, October, January and April. 4. Both parties to the contract will work to develop and increase the public library services offered to the residents of the City and of said County. 38 5. The library services agreed to be provided by the City to the County and its residents shall be commenced on the 1st day of July, 1974, or at such time prior or subsequent thereto as a bookmobile shall have been acquired by the City of Roanoke with funds provided by grant from the State Library Board; thereafter the contract shall continue from year to year commencing on July 1st of each year until terminated by either party upon one year's written notice to the other, except that the contract may be terminated sooner if both parties agree to such action. 6. No changes shall be made in the contract except in writing duly autho- rized by the governing bodies of the pa,rties thereto. 7. As provided by sS42.1-37 of the 1950 Code of ¥irginia, as amended, the governin9 body of Craig County shall be entitled, during the term of the agreement, to have and it shall appoint one member to the Roanoke Public Library Board, which said initial member shall be appointed for a term of three years commencing on July 1, 1974; thereafter, and every third year, one member to said Board shall be appointe by said governing body for a three-year term of office. Any vacancy occurring in suc office during a term of office shall be filled for the unexpired portion of such term by similar appointment by said governing body; and said governing body will noti' fy in writing the Council of the City of Roanoke of each aforesaid appointment. BE IT FURTHER ORDAINED that an attested copy of this ordinance be transmit- ted by the City Clerk to the Chairman of the Board of Supervisors of the County of Craig. BE IT FINALLY ORDAINED that, an emerqency 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 lOth day of December, 1973. No. 21256. AN ORDINANCE amending Sec. 3. Membershio, of Chapter 1. 6~ner~l Provisions, Title III, Pensions and Retirement, of the Code of the City of Roanoke, 1956, as amended, by amending and reordaining subsection numbered (6), providing for certain additional membership in the Employees' Retirement System of the City; and providing for an emergency. WHEREAS, the Board of Trustees of the Employees' Retirement System of the City of Roanoke has recommended amendment to Sec. 3. Chapter 1, Title III of the Code of the City of Roanoke, 1956, as amended, as hereinafter provided, said section makin provision for additional membership in the Employees' Retirement System 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 sub- section numbered (6) of Sec. 3. ~, of Chapter l, General Provisions, Title III. Pensions and Retirement, of the Code of the City of Roanoke, I956, as amended, be and said subsection is hereby amended to read and provide as follows: (6) Any policeman or fireman in active service as of July I, 1973, who would otherwise be entitled upon retirement to a pension under Chapter 2 of this title may elect in writing to the board at any time prior to such retirement to become a member of this system and, in lieu of any benefits under Chapter 2, shall there- after be entitled to the benefits of this system. Such election shall be irrevocable and expressly waive further right to benefits in or any contributions made under Chapter 2, aforesaid. All pensions payable on or after July 1, 1973, under Chapter 2 of this title to persons not members of this system shall be paid from the funds of this system. BE IT FURTHER 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 10th day of December, 1973. No. 21257. A RESOLUTION establishing the Mondays of December 24 and December 31, 1973, as legal holidays for the current year only. WHEREAS, Christmas Day and New Year's Day, 1973, both fall on consecutive Tuesdays and, accordingly, if the preceding Mondays are made legal holidays, many of the employees of the City would be afforded holidays from their normal duties not presently provided for, and'those other regular employees of the City whose duties necessarily require them to work on that day would, by appropriate arrangement of their respective department heads, be similarly allowed, on some other days, sixteen (16) hours time off as equivalent holidays. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, for the calendar year 1973 only, Monday, December 24, 1973 and Monday, December 31, 1973 Christmas Eve and New Year's Eve, respectively, shall be observed as legal holidays for all departments and offices of the Roanoke municipal government, except as may be otherwise provided by law, and except as to such members of the police, fire and other departments of the City who are, by the nature of their duties, required to 4O work on those days and, for such other regular employees, the City Manager shall arrange through respective department heads that each such other employee shall receive sixteen (16) hours equivalent time off. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1973. No. 21258. A RESOLUTION changing the dates of two regular weekly meetings of the Coun- cil of the City of Roanoke. WHEREAS, in order to facilitate the celebration of the Christmas season by the citizens and employees of the City, the Council desires to reschedule the regular meetings of the Council provided to be held on December 24th and December 31st, 1973. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the regular meetings of the Council provided to be held on December 24, I973 at 2:00 o'clock, P.M., and on December 31, 1973, at 7:30 o'clock, P.M., be and said meetings are hereby changed so that the weekly meetings of the City Council for the weeks of December 23, 1973, and December 30, 1973, be held, instead, on the 26th day of Decem- ber, 1973 at 2:00 o'clock, P.M., and on the 2nd day of January, 1974, at 7:30 o'clock P.M., respectively, in the Council Chambers on the fourth floor of the Municipal Building. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, lq73. No. 21259. A RESOLUTION authorizing the filing of the City of Roanoke's application with the Division of Justice and Crime Prevention for an action grant of Federal funds for implementation of a High Incident Target Program - Phase II, to test and determine if the Police Department, utilizing a specifically trained and equipped burglary unit in conjunction with computer applied analytical techniques can have a direct impact on reducing burglaries by 15% within the City. lOWS: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fol- 1. That Byron E. Haner, City Manager and/or Sam H. McGhee, III, Assistant City Manager, be and each is hereby authorized to execute and file an application on behalf of the City of Roanoke with the Division of Justice and Crime Prevention for an action grant of Federal funds in the amount of $262,635.77 through said Divi- sion, to be used, along with certain other local funds, to aid in implementation in the City of a High Incident Target Program- Phase II, estimated to cost approxi- mately $323,244.00, to test and determine if the Police Department, utilizing a specifically trained and equipped burglary unit in conjunction with computer applied analytical techniques, can have a direct impact on reducing burglaries by 15% within the City of Roanoke. 2. That the abovementioned City Manager and/or assistant City Manager be and each are further authorized to execute and file with such application such assurances, representations and agreement to conditions as are required of appli- cants for grant of Federal funds in the premises; and 3. That the City Manager and/or Assistant City Manager and their succes- sors in office are 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 application or with said project. APPROVED ATTEST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1973. No. 21260. A RESOLUTION expressing the City's gratitude to the Department of the Nay for the donation of the Ship's Bell from the cruiser USS ROANOKE. WHEREAS, the Department of the Navy has generously offered to donate to the City of Roanoke the Ship's Bell from the cruiser USS ROANOKE, which has hereto- fore been decommissioned, for display at an appropriate place in the City; and WHEREAS, this Council, being of opinion that the Ship's Bell from said vessel constitutes a most valuable and historic addition to the City's present col- lection of items relatin9 to Roanoke's past, desires to express its gratitude to th, Department of the Navy for the donation thereof. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council doth hereby, for itself and on behalf of the citizens of the City, express deep gratitude to the Department of the Navy for the donation to the City, for appro priate display in the City, the Ship's Bell from the cruiser USS ROANOKE. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit attested copies of this resolution to the Office of the Chief of Naval Operations, Department of the Navy, to LCDR George Scheufele, Commanding Officer, Naval Reserve Center, and to Captain Charles D. Fox, III, Commanding Officer, NRSAND. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 1973. No. 21261. AN ORDINANCE repealing Ordinance No. 20890, heretofore adopted by the Coun- cil on May 21, 1973, which ordinance fixed and imposed a use and service charge upon certain enplaning passengers utilizing facilities at Roanoke Municipal (Woodrum) Air- port; and providing for an emergency. WHEREAS, subsequent to May 21, 1973, by Act of the United States Congress, localities were precluded from imposing use charges or taxes on enplaning passengers utilizing the premises at local airports; 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 Ordi- nance No. 20890, heretofore adopted by the Council on May 21, 1973, which ordinance, inter alia, fixed and imposed a use and service charge upon certain enplaning passen- gers utilizing facilities at Roanoke Municipal (Woodrum) Airport, be and said ordinance is, hereby REPEALED. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect from its passage. A P P R 0 V E 0 ATTEST: Deputy City Clerk ~Iayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 1973. No 21262. District. RESOLUTION relating to the creation of a Roanoke Valley Transportation WHEREAS, the Council recognizes the great need for improved public transi facilities and services for the safety, comfort and convenience of the citizens of the Roanoke Valley, and believes that the accomplishment of such improved facilitie will have the ancillary benefit of helping to achieve the orderly growth and develo' ment of the Roanoke metropolitan area; and WHEREAS, the provisions of Chapter 32 of Title 15.1 of the 1950 Code of Virginia, as amended, permit of and encourage the creation of regional transporta- tion systems, and the Council is of opinion that creation of such a transportation district, with the joint participation of all valley governments, would offer the best means of affectin9 efficient public transit for all inhabitants of the Roanoke Valley. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council, intending to provide improved public transit facilities and services for the maximum use and benefit of the citizens of the City and the area, doth hereby propose that there be created, at the earliest practical date, the Roanoke Valley Transportation District, to be participated in by Roanoke County, the City of Salem the Town of Vinton and the City of Roanoke, in accordance with the provisions of Sec. 15.1-1342, et seq. of the 1950 Code of Virginia, as amended, and doth request that the governing bodies of the aforesaid political subdivisions so advise this Council of said bodies' desire to participate in such district by January 17th, 1974. 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 governin9 bodies of the abovenamed political subdivisions. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1973. No. 21263. AN ORDINANCE naming certain new streets in the northwest and southeast quadrants of the City of Roanoke in coordination with the City's unified street name system. WHEREAS, in providing better access to certain industrial locations in the northwest and southeast quadrants of the City, the City has recently constructed and opened certain new public streets and the City Planning Commission in reports made to the Council dated December 6, 1973, has recommended that said new streets be assigned the names hereinafter prescribed, each of said new stree.ts being, in fact, an extension or continuation of another existing dedicated or undedicated street. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That that certain new street in the northwest quadrant of the City, shown on Sheet 213 of the Tax Appraisal Map as an extension of Court Street, N. W., in a northerly direction from Andrews Road to Rockland Avenue, be named Court Street, N. W. 2. That that certain new street in the northwest quadrant of the' City, shown on Sheet 213 of the aforesaid map as an extension of Rockland Avenue, N. W., in a westerly direction from Court Street, N. W., for' a distance of approximately 845 feet, be named Rockland Avenue, N. W. 3. That that certain new street in the northwest quadrant of the City, shown on Sheet 213 of the aforesaid map as Andrews Road, N. W., in a' westerly direc- tion from lOth Street, N. W., for a distance of approximately 1070 feet be named Andrews Road. 4. That that certain new street in the southeast quadrant of the City shown on Sheet 417 of the aforesaid map as an extension of River Avenue, S. E., in a westerly direction from Ninth Street, S. E., for a distance of approximately 265 feet be named River Avenue, S. E. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to cause the above street names to be appropriately noted on all maps and plats lodged in his care; that the City Manager be, and he is hereby authorized to cause the placement of appropriate street name signs on said new street; and that the City Clerk transmit to the Postmaster at Roanoke six (6) attested copies of this ordinance in order that said Postmaster be apprised of the aforesaid street names. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1973. No. 21264. A RESOLUTION requesting the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. WHEREAS, at a regular meeting of the Council held on December 26, 1973, at 2:00 o'clock P.M., in the Council Chambers in the Municipal Building, after due and proper publication of the notice of public hearing provided for in sS15.1-835 of the 1950 Code of Virginia, as amended, which said notice contained, inter alia, an informative summary of each of the proposed amendments to the Roanoke Charter of 1952 hereinafter referred to, a public hearing with respect to said proposed amend- ments was held before said City Council, at which all citizens so desirin9 were afforded opportunity to be heard to determine if the citizens of the City desire that the City request the General Assembly to amend its existing Charter in the fort and manner hereinafter referred to and as provided in the aforesaid notice; and WHEREAS, upon conclusion of said public hearing and upon consideration of each proposed amendment to said Charter, the Council is of opinion that the General Assembly should be requested to amend said City's Charter in the respects hereinaft~ provided. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the General Assembly of Vir§inia be and is hereby requested at its 1974 Session to amen, the Roanoke Charter of 1952, as presently amended, in the following respects, viz: (a) Amend and reenact sections 1, 7, 8, 9, 18, 23, 27 and 29 of said Charter to read and provide as follows: Sec. 1. The City and its boundaries. The inhabitants of the territory comprised within the present limits of the City of Roanoke, as hereinafter described, or as the same may be hereafter altered and as provided by law, shall continue to be a body politic and corporate, to be known and designated as the City of Roanoke, and as such shall have and may exercise all powers which are now, or hereafter may be, conferred upon, or delegated to, cities under the Constitution and laws of the Commonwealth of Virginia, as fully and completely as though said powers were specifically enumerated herein, and no enumeration of particular powers by this Charter shall be held to be exclusive; and the said City of Roanoke as such shall have perpetual succession, may sue and be sued, contract and be contracted with, and may have a corporate seal which it may alter, renew, or amend at its pleasure. The present boundaries of the said City shall be as described in Chapter 216, Acts of Assembly, 1952, as enlarged by Orders of the Circuit Court of Roanoke County, Virginia, as follows: (a) Order of Annexation entered September 14, 1964, recorded in Deed Book 984, Page 539, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1166, Page 161, in the Clerk's Office of the Circuit Cour't of the City of Roanoke, Virginia, (formerly Hustings Court); and (b) Order of Annexation entered September 30, 1966, recorded in Deed Book 984, Page 549, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1207, Page 618, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, (formerly Hustings Court); and r (c) Order of Annexation entered May 16, 1967, recorded in Deed Book 827, Page 492, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1220, Page 291, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, (formerly Hustings Court). Sec. 7. Limitations of the oowers of the council. Neither the mayor, the council, nor any of its members, shall dictate, urge or suggest the appointment of any person to office or employment by the city manager, or in any manner interfere with the city manager, or prevent him from exercising his own judgment in the appointment of officers or employees in the administrative service; pro- vided, however, that the City manager's appointments of directors of directorates, but not of department heads, shall be subject to confirmation by a majority of the members of the council. Except for the purpose of inquiry, the mayor, the council and its members shall deal with the administrative service solely through the city manager, and neither the mayor, the council, nor any member thereof, shall give. orders to any of the subordinates of the city manager either publicly or privately. Sec. 8. Officers elective by the council: rules. The Council shall elect a city manager, a city clerk, a director of finance, a municipal auditor, and a city attorney. Unless herein otherwise specifically provided, the council shall also appoint the members of such boards and commissions as are hereafter provided for. All elections by the council shall be viva voce and the vote recorded in the journal of the council. The Council may determine its own rules of procedure; may punish its members for misconduct and may compel the attendance of members in such manner and under such penalties as may be prescribed by ordinance. It shall keep a journal of its proceedings. A majority of all of the members of the council shall constitute a quorum to do business, but a smaller number may adjourn from time to time. Upon a vacancy occurring in any such office the council shall elect a person to fill the unexpired portion of any term created by such vacancy; or, in the council's discretion, it may elect a person as m acting city manager, city clerk, director of finance, municipal auditor, or city attorney to hold such office for such lesser term and for such compensation as the council shall then determine; and any person so elected shall have, during the term for which he was elected, all of the authority and shall be charged with all of the duties and responsibilities of the office for which he was elected. Sec. 9. Elections bY council. During the month of September, nineteen hundred and seventy-four and during the month of September of every second year thereafter, the council shall elect a city clerk, a director of finance, a municipal auditor, and a city attorney, each of whom shall serve for a term of two years from the first day of October next following the date of his election and until his successor shall have been elected and qualified. Prior to the first day of September nineteen hundred and seventy-four the Council may elect a director of finance and a municipal auditor whose terms shall expire on the last day of September nineteen hundred and seventy-four or at such time thereafter as their successors shall have been elected and qualified. No officer elected by the council pursuant to sections 8, 9 or 21.1 of this Charter shall be more than sixty-five years of age at the time of such election; and any such officer attaining the age of sixty-five years during any term of office for which he was elected shall be deemed to have vacated such office upon his sixty-fifth birthday. Sec. 18. Election of other officers. The attorney for the commonwealth, commissioner of revenue, city treasurer and city sheriff elected at the general election held in November of 1973 shall hold office until their respective terms expire; thereafter, there shall be elected by the qualified voters of said city, on the Tuesday after the first Monday in November, nineteen hundred seventy-seven and quadrennially thereafter, the following officers; one attorney for the commonwealth, one commissioner of revenue, one city treasurer, and one city sheriff, who shall hold their offices for the term of four years from the first day of January ensuing their election and until their successors are duly elected and qualified. The clerk of the Hustings Court of the City of Roanoke elected at the general election held in November of 1969, shall hereafter be and be known as the clerk of the Circuit Court of the City of Roanoke, and he shall hold office until the term prescribed for such clerks by the General Assembly of Virginia shall expire; thereafter, there shall be elected by the qualified voters of said city on the Tuesday after the first Monday in November, nineteen hundred seventy-nine, and every eight years thereafter, one clerk of the Circuit Court of the City of Roanoke, who shall be clerk of all courts of record in this city, whose term shall begin and end as is now or may hereafter be prescribed by the General Assembly of Virginia. Sec. 23. Creation of deDartments and directorates of deDart~nent$; department heads and directors: deputies and assistant~, The Council may by ordinance provide for administrative departments, and when such departments are created may define the functions which such departments are to administer, may provide for the appointment of heads for such departments, and define their duties and responsibilities; and, further, the council may provide for the city manager's administration of the various departments under directorates, the heads of which shall be known as directors. In addition, the council may by ordinance provide for the appointment of one or more assistants or deputies in the offices of the city attorney, the director of finance, the municipal auditor and the city clerk and may define their duties and responsibilities. Such assistants or deputies, when acting in such official capacity, shall possess all of the power and authority and shall be subject to all of the duties and responsibilities given to or imposed upon their respective superiors under this Charter. Sec. 27. General district court o.f the City Of R08noke. There shall be a general district court of the City of Roanoke, which shall be governed and shall have all of the powers, authority and jurisdiction conferred by the general district court laws of the common- wealth upon such courts; and wherever in this charter or in the ordinances and resolutions of the council the municipal court of the city is given jurisdiction or otherwise referred to the same shall be taken to mean the general district court of the city, unless a contrary intent or construction clearly appears or is inapplicable, or would be invalid. Sec. 29. Juvenile and domestic relations district court - q¢llO~ally. There shall be a juvenile and domestic relations district court of the City of Roanoke, which shall be 9overned and have all of the powers, authority and jurisdiction conferred by the juvenile and domestic re- lations district court laws of the commonwealth upon such courts; and wherever in this charter or in the ordinances and resolutions of the council the juvenile and domestic relations court of the city is given jurisdiction or otherwise referred to the same shall be taken to mean the juvenile and domestic relations district court of the city, unless a contrary intent or construction clearly appears or is inapplicable, or would be invalid. (b) Amend said Charter by addition of three new sections, to read and provide as follows: Sec. 2.1. Differences in Rate of Taxation- Taxing Districts. Pursuant to Article X, sS1, of the Constitution of Virginia, (1971) the council may, from time to time, provide for differences in the rate of taxation to be imposed .upon real estate by the city within all or parts of areas added to its territorial limits. Such differences in the rate of taxation shall bear a reasonable relationship to differences between nonrevenue producing 9overnmental services giving land urban character which are furnished in one or several areas in contrast to the services furnished in other areas of the city. In so doing, the council may, from time to time establish such taxing districts as may be necessary to reasonably differentiate between those areas added to the territorial limits of the city receiving contrasting services as hereinabove provided, and having once established such taxing districts the council may, from time to time thereafter alter, amend or abolish the same as the character or extent of such services are changed. Sec. 25.1. Director of finance. The director of finance shall be elected by the council at the time, in the manner, and for the term provided by section 9 of this charter; provided, however, that the term of the first director of finance elected hereunder, if elected prior to the first day of September 1974, shall expire on the last day of September, 1974, or at such time thereafter as his successor shall have been elected and qualified. (a) The director of finance shall have charge and shall maintain con- trol of the keepin9 of all accounts and financial records of the City of Roanoke, in accordance with generally accepted principles of accounting, wherein shall be stated, amon9 other things, the appropriations for the year for each dis- tinct object and branch of expenditures, and also the receipts from each and every source of revenue, so far as it c. an be ascertained. All such accounts and financial records shall be public records, and shall be subject to the examination of the city manager and members of the city council, or other person or persons required by order of the city manager or ordinance of the council to make such examination. (b) The director of finance shall be charged with and shall exercise a general fiscal supervision over all officers, departments, offices, agencies and employees of the city charged in any manner with the assessment, receipt, collec- tion, or disbursement of the city revenues, and with the collection and return of such revenues into the city treasury; and he shall prescribe such system and regulation as is necessary for the proper reporting and accounting for all City revenue and receipts. (c) The director of finance shall have the power to and shall examine and audit all accounts, claims and demands for or against the city; and, unless otherwise provided by law or by this charter, no money shall be drawn from the treasury or be paid by the city to any person unless the balance due and payable by the city be first settled and adjusted by the said director of finance; and for the purpose of ascertaining the true state of any balance or balances so due, he shall have and is hereby clothed with full power and authority to ad- minister an oath or oaths to any claimant or any other person or persons, whom he may think proper to examine as to any fact, matter or thing concerning the correctness of any account, claim or demand presented and the person so sworn shall, if he swears falsely, be guilty of perjury, and be subject to the punish- ment prescribed by law. (d) The director of finance shall draw a warrant on the treasury for such money as is determined by him to be due and payable to any person, stating the particular fund or appropriation to which the same is chargeable and the person to whom payable; and no money shall be drawn from the treasury except on the warrant of the director of finance as aforesaid, countersigned by the city manager. The director of finance is forbidden to issue his warrant for the payment of any money in excess of the appropriation on account of which such money is drawn. (e) It shall be the duty of the director of finance to charge all officers in receipt of revenues or moneys of the city with the whole amount, from time to time, of such receipts. He shall also require of all officers in receipt of city moneys that they submit reports thereof, with vouchers and receipts of payment therefor into the city treasury, daily, weekly or monthly, or at such times as may be otherwise provided by ordinance of the council; and if any such officer shall neglect to make adjustment of his accounts, when required, as aforesaid, and to pay over such moneys as received, it shall then be the duty of said director of finance to issue notice in writing, directed to such officer and his surety or sureties, requiring him or them within ten days to make settlement of his said accounts with the director of finance, and to pay over the balance of moneys found to be due and in his hands belonging to said city, according to the books of:said director of finance; and in case of the refusal or neglect of such office to adjust his said accounts or to pay over such balance into the treasury of the city, as required, it shall be the duty of the director of finance to make report of the delinquency of such officer to the council, the city manager, the municipal auditor and the city attorney. For good cause appearing, the city attorney shall at once take action to have such officer suspended from office, and shall proceed forthwith to institute the necessary proceedings for the removal of such officer from office, and shall institute suit in the name of the city against such officer and his surety or sureties to recover the balance of moneys so found by the director of finance to be due and in his hands belonging to said city. (f) The director of finance shall prepare an annual statement, promptly after the end of each fiscal year, giving full and detailed statement of all the receipts and expenditures during the year, which statement he shall forthwith file with the city manager and he shall lay the same before the next meeting of the council. When required by the council, such annual statement shall be certified by independ- ent certified public accountants. (g) It shall be the duty of the director of finance, each and every month, to prepare a monthly statement, giving a full and detailed account of all moneys received, from what sources and on what account received, and of all moneys ordered to be paid or drawn by warrant by him, and on what account the same have been paid; and he shall deliver said statement to the city manager, and shall lay the same before the council at its next meeting. (h) No contract, agreement or other obligation involving the expenditure of money shall be entered into nor shall any ordinance of the council or order of any officer of the city authorizing the city's obligation for expenditure of money be effective until and unless the director of finance shall have certified in writing that the money required for such contract, agreement, obligation or expenditure is in the city treasury to the credit of the fund from which it is to be drawn, and not appropriated for any other purpose, which certification may be endorsed on or recited in such ordinance, endorsed upon the contract, agreement or other instrument creating such obligation or upon such order, or may be contained in separate certification filed and preserved in the office of the city clerk; provided, however, that require- ment of such certification shall not be applicable to the city's execution or issuance of bonds or notes under sections 47, 48 and 49 of this charter. The sum so certified shall not thereafter be considered unencumbered until the city is discharge from the contract, agreement or obligation. (i) For the purpose of the certification required in subsection (h), supra, all moneys actually in the treasury to the credit of the fund from which they are to be drawn and all moneys applicable to the payment of the obligation or appropriation involved that are anticipated to come into the treasury before the maturity of such contract, agreement or obligation from taxes, assessments, license fees or from sales of property or of services, products, or by-products of any city undertaking and all moneys to be derived from lawfully authorized bonds or from other sources, shall be deemed in the treasury to the credit of the appropriate fund and subject to such certification. (j) Unless otherwise provided in this charter, the director of finance shall have all of the duties, responsibilities, powers and authority heretofore imposed upo or lodged in the city auditor by this charter or by the ordinances and resolutions of the council heretofore or hereafter adopted prior to the council's election of a director of finance. Sec. 25.2. Municipal auditor. The municipal auditor shall be elected by the council at the time, in the manner and for the term provided by section 9 of this Charter; provided, however, that the term of the municipal auditor first elected hereunder, if elected prior to the first day of September 1974, shall expire on the last day of September 1974, or at such time thereafter as his successor shall have been elected and qualified. (a) The municipal auditor shall have such qualifications as the council shall from time to time establish. (b) It shall be his duty to.examine and audit all accounts, books and records of the city that reflect transactions involving financial activities of the city, including those for which the city has a responsibility as an agent, custodian or trustee, said audit to be made in a timely manner or as prescribed by ordinance. (c) It shall be his duty to work closely with the Director of Finance in pro- mulgation of systems and procedures employed in the accounting for revenue received and expenditures made by the city. (d) When so directed by the Council, it shall be his duty to see to implementa- tion of and to supervise all systems recommended to be established by independent public accountants making audits for city functions. (e) It shall be his duty to report to the Council within sixty days after the close of the fiscal year a summary of the activities of his office during the pre- ceding fiscal year. It shall be his duty to report to council in writing within sixty days after the completion of an examination of any department, agency or activ- ity of the city, a summary of all findings resulting from his examination. A copy of each audit report shall be submitted to the council, the city manager and to the department, agency or office audited. (f) It shall be his duty to report immediately in writing to the city manager and to the council any unauthorized, illegal or irregular act or practice he dis- covers ~ffecting or involving public funds or the financial affairs of the city. (g) In the performance of his aforesaid duties, he shall have access at any and all times to all books, records and accounts of each department, office, officer employee or agency of the city subject to examination or audit by him. (h) Subject to the provisions of chapter 9 of this Charter, he shall have powe' to appoint such assistants and employees as the council shall authorize and appropri~ ate funds to provide for. (i) The municipal auditor shall .devote his full time and effort to post-audit examinations and reporting and shall receive only such compensation as may be fixed for the position by ordinance of the council. He shall not serve in any capacity on any administrative board, commission, district, or agency of the city, county, or the State nor shall he have a material direct or indirect financial or other economi or personal interest in the transactions of any officer, department, board, commis- sion, district, or other organization for which he is responsible to audit or cause to be audited. He shall not be directly responsible for the collection of any money belonging to the Commonwealth of Virginia, the City of Roanoke, or other political subdivisions of the State or the city, nor shall he be directly responsi- ble for the handlin9 or custody of state or local public funds. Neither he nor any member of his staff shall engage in or be associated with any partisan political activity or hold any other public office. He shall neither conduct nor supervise an audit or post-audit of any office, department, program or activity of the city of Roanoke for which he was responsible or in which he may have participated or been employed during any preceding two years The council shall provide otherwise for any necessary audit or post-audit of any such office, department, program and activity falling within the proscription of thi provision. The council shall assign to him no administrative or other duties, except such as may be incidental to the objectives and functions of post-auditing or such as do not act to impair the independence of his audits. (c) Repeal Sec. 25. City Auditor, of said Charter, relating to a city auditor, effective upon qualification of the first director of finance elected here- under; an informative summary of each of the aforesaid proposed amendments having been published in full in the notice of public hearing heretofore mentioned. (See page 49~ for last paragraph.) 5O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1973. No. 21265. AN ORDINANCE to amend and reordain Section ~64, "Maintenance of City Pro- perty,'' of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio ~64, "Maintenance of City Property," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MAINTENANCE OF CITY PROPERTY =64 Maintenance of Buildings and Property (1) ............................. $353,780.00 (1) Net increase $500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1973. No. 21266. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Im- provements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emer- gency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio =89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~89 Mill Mountain Zoo ............................. $5,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor BE IT FURTHER RESOLVED that the City Clerk do forthwith and as provided in sS15.1-834 of the 1950 Code of Virginia, as amended, transmit to the members of the General Assembly of Virginia representing the City of Roanoke at the 1974 Ses- sion of said General Assembly two copies of a bill to amend the City's existing Charter in the respects hereinabove set out, for introduction as a bill in said General Assembly, to be enacted as an emergency measure. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1973. No. 21267. AN ORDINANCE to amend and reordain Section =69, "Sanitation," of the 1973- 74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the ~lunicipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~69, "Sanitation," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SANITATION ~69 Personal Services (1) ................... $1,184,928.50 Overtime (2) ............................ 45,000.00 (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: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1973. No. 2126B. AN ORDINANCE to amend and reordain Section 5, of Chapter 21, of the Code of the City of Roanoke, as amended, in relation to bonds of public depositories; and providing for an emer§ency. WHEREAS, the Virginia Security for Public Deposits Act of 1973, to become effective January 1, 1974, establishes a single body of law applicable to the pledg~ of security as collateral for public funds on deposit in banking institutions, re- quiring such collateral to be deposited with the State Treasurer or, with approval of the Treasury Board, with the Federal Reserve Bank of Richmond; and WHEREAS, in order to harmonize with the aforesaid Act the ordinances of the City with respect to requirements for the pledge of security as collateral for deposit of moneys of the City in the banks designated in Section 1 of this chapter, an emergency is deemed to exist, so that this ordinance become effective at the time hereinafter indicated. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion 5, of Chapter 21, of the Code of the City of Roanoke, as amended, be amended and reordained to read as follows: 52 Sec. 5. Bon~ of Depository. No moneys, either current or time deposit funds, shall be deposited in any of the banks named in section 1 of this chapter until such de- pository shall have qualified under the Virginia Security for Public Deposits Act of 1973, as a depository authorized to accept, receive, hold or retain public deposits of the city which are secured pursuant to said Act. BE IT FURTHER ORDAINED that an emergency exists and this ordinance shall be in force and effect on and after January 1, 1974. APPROVED ATTEST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1973. No. 21269. AN ORDINANCE to amend and reordain Sec. 1., Designation, of Chapter 3., Public Depositories, of Title V, Finance, of the Code of the City of Roanoke, 1956, as amended, designating certain banks as depositories for all public monies of the City which may be subject to current withdrawal on check; and providing for an emer- gency. WHEREAS, the Virginia Security for Public Deposits Act, enacted by the 1973 Session of the General Assembly of Virginia to take effect January 1, 1974, provides a means whereby the public monies and funds of the City in banks and banking institu- tions may be secured, and provides procedure whereby full payment may be.recovered by the City for funds subject to loss by reason of default or insolvency of any deposi- tory qualified under said Act; and WHEREAS, in order to provide for the usual daily operation of the municipal government, the Council deems an emergency to exist such as to require that this ordinance take effect at the time hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 1 Designation, 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 reor- dained, to read and provided as follows: Sec. 1. Dg~iqnatio~ Such of the following named banks as are qualified under the Virginia Security for Public Deposits Act of 1973 to accept or retain public deposits of monies of the Commonwealth and of the cities, counties, towns and political subdivision therein, are hereby designated as depositories 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 same at the rate of per cent shown opposite the banks indi- cated, to the total of all current checking funds so deposited: The First National Exchange Bank of Virginia ..... 40% to 60% The Colonial-American National Bank of Roanoke ...................................... 20% to 30% Mountain Trust Bank .............................. 10% to 20?/0 Bank of Virginia-Roanoke Valley .................. 4% to ~% United Virginia Bank/Security National ........... 2% to 6% or as closely approximate thereto as may be 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. BE IT FURTHER ORDAINED that an emergency exists and this ordinance shal be in force and effect on and after January 1, 1974. APPROVED ATTEST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of December, 1973. VIRGINIA, No. 21270. AN ORDINANCE to amend and reordain Section =91, "Non Departmental," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~91, "Non Departmental," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON DEPARTMENTAL =91 Personal Injuries (1) .'.'..'...' .................. $3,800 O0 (1) Net increase--- $3,000.00 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 December, I973. No. 21271. AN ORDINANCE to amend and reordain Section =93, "Temporary Loans," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal. Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~93, "Temporary Loans," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TEMPORARY LOANS =93 Repayment of Temporary Loans (1) .............. $1,000,000.00 (1) Net increase ---$1,000,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1973. No. 21272. AN ORDINANCE amending Sec. 1. of Chapter 3. Sidewalk Construction, of Title XVII, Streets. Sidewalks and Sewers, of the Code of the City of Roanoke, 1956, as amended, by permitting the use of materials other than concrete in the construction of certain sidewalks in the City, and the installation therein of suitable snow and ice melting equipment and recessed lighting, upon approval by the City Manager; and providing for an emergency. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 1 Construction hy nronertv owners, of Chapter 3. Sidewalk Construction, of Title XVII, Streets. Sidewalks and Sewers, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: Sec. 1. Construction bv property owners. Upon any street where the grade line. has been established by proper authority, property owners abutting thereon may, upon application to the director of public works, be permitted to construct at their own expense, sidewalks, according to stand- ard specifications prepared by the director of public works, the width of all sidewalks in all cases to be determined by the director. 55 Not withstanding any other provision in this chapter to the contrary, upon proper application, the City Manager may authorize the installation of public sidewalks within that area of the city desig- nated on the "Official 1966 Zonin9 Map, City of Roanoke, Virginia", dated August 29, 1966, as amended, as C-3, Central Business District, to be constructed of suit- able materials other than concrete or according to standard specifications prepared by the Director of Public Works, provided, however, that any such construction shall be first approved by the City Engineer as to the texture of the wearing surface, type of material, thickness, and load bearing capa- city, and provided, further, that the cost of such construction shall be borne entirely by the abutting property owner who shall agree to maintain and replace such sidewalk, when necessitated by construc- tion or relocation of public utility or otherwise, and when directed by the City Manager, at no cost to the City, and such property owner shall, further, prior to commencin9 any such construction, post the appropriate bond required in Sec. 2. of this chapter. Further, the City Manager may, upon proper applica- tion made therefore, approve the installation of snow and ice melting coils and equipment, and recessed lighting fixtures, within the sidewalk areas described in this paragraph, supra; provided, however, that any such installation shall be first approved by the City Engineer, shall be at the sole cost of the abutting owner who shall agree in writing to maintain such installation at no cost to the City, and which owner shall, prior to commencing construction of any such installation, post the bond required in Sec. 2 of this chapter. BE IT FURTHER ORDAINED that an emergency existing, this ordinance shall be in effect upon its passage. APPROVED ATTE ST: ~~ Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1973. No. 21273. AN ORDINANCE amending Subsection 2202.3 of Sec. 2, Chapter 1.1, 1967 Build. lng Code, Title XV, of the Code of the City of Roanoke, 1956, as amended, by permit- ting the encroachment of structural footi~ s of certain buildings under the public street rights-of-way, upon certain terms and conditions; and providing for an emer- gency. WHEREAS, for the immediate preservation of the public health, safety and property, for the further economic development of the City, and for the usual daily operation of the municipal government, an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. 56 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 2 Southern Standard Building Code - Amendments, of Chapter 1.1, lC~67 Buildina Code, of Title XV, Construction. Alteration and Use of Land. Buildings and Other Structures, of the Code of the City of Roanoke, 1956, as amended, be amended and reordai ned by the addition of a new paragraph (c), said new paragraph (c) to read and provide as follows': (c) Except as may be otherwise expressly authorized by the council, structural support of the building shall not project beyond the lot line except that the footings of the street walls or their supports locat- ed at least eight feet below grade may project not more than twelve inches beyond the street line into the right-of-way. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1973. No. 21274. A RESOLUTION prescribing the amount of the bond of the Treasurer of the Cit of Roanoke and approving the surety thereon. WHEREAS, Johnny H. Johnson has heretofore been elected Treasurer of the City of Roanoke for a term commencing on the first day of January, 1974, and ending on the thirty-first day of December, 1977, and has requested the Council to fix the amount of his official bond and to approve the surety offered thereon. WHEREAS, The Travelers Indemnity Company, a corporate bonding company has offered to become the surety on such bond as is prescribed for said Treasurer by the Council pursuant to the provisions of section 37 of the City Charter. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, befor entering upon his duties as Treasurer of the City of Roanoke for the term commencing on the first day of January, 1974, and ending on the thirty-first day of December, 1977, the said City Treasurer-elect, Johnny H. Johnson, shall properly make, execute and lodge with the City Clerk, a bond approved as to form and execution by the City Attorney, payable to the City of Roanoke and executed by the said Johnny H. Johnson and by the surety hereinafter approved, in the sum of $200,000.00, conditioned upon said City Treasurer faithfully discharging his official duties in relation to the revenue of the City and such other official duties as may be imposed upon him by the City Charter and by the ordinances of the Council of said City. BE IT FURTHER RESOLVED that the said Council doth hereby approve The Travel- ers Indemnity Company, a corporate bonding company, of Hartford, Connecticut, and authorized to transact business as a surety in the Commonwealth of Virginia, as the surety of the aforesaid bond of said City Treasurer. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1973. No. 21275. AN ORDINANCE to amend and reordain Section ~8, "Treasurer," of the 1~73-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =8, "Treasurer," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TREASURER =8 Insurance (1) .................................... $4,770.00 (1) Net increase $3,404.00 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 26th day of December, 1973. No. 21276. A RESOLUTION urging support, by the City's representatives in the General Assembly of Virginia, of legislation which would amend sS46.1-169.1 of the 1950 Code of Virginia, as amended, so as to allow certain buses used for the transportation of pupils to and from schools in the City of Roanoke to be used for other municipal pur. poses. ATTEST: WHEREAS, sS46.1-169.1 of the 1950 Code of Virginia, as amended, presently makes unlawful the operation upon the highways of the Commonwealth of motor vehicles having a seating capacity of more than fifteen persons and being yellow in color un- less such motor vehicles be used for the transportation of school children; and WHEREAS, the Council of the City of Roanoke, being presently involved in the transporting of school children and anticipating the acquisition and operation of a system for public transportation in the near future, deems it appropriate to con- sider the possible dual use of certain of the motor vehicles necessary for both such purposes; and WHEREAS, the School Board of the City of Roanoke, having considered the matter, has formally requested this Council to urge the City's representatives in the General Assembly of Virginia to introduce and support legislation that would permit of the use of yellow school buses for other municipal transportation, when not in use by said School Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that each member of the City's delegation to the General Assembly of Virginia be, and is hereby urged to support legislation which would implement amendment of sS46.1-169.1 of the 1950 Code of Virginia, as amended, so as to make lawful in the City of Roanoke, util- ization of certain motor vehicles having a seating capacity of more than fifteen per- sons and being yellow in color, designed and commonly used for the transportation of school children, for other municipal uses. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit attested copies of this resolution to Senator William B. Hopkins and to Delegates Ray L. Gar- land and A. Victor Thomas, in Roanoke, and to Honorable Earl J. Shiflet, Secretary of Education of the Commonwealth of Virginia. APPROVED Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1973. No. 21277. AN ORDINANCE authorizing the issuance of Change Order No. 2 to the City's contract with John A. Hall g Company, Inc., authorized by Ordinance No. 20403, for th reconstruction of the loop roadway in front of the terminal building at the Roanoke Municipal Airport; upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager, in report to the Council dated December 10, 1973 has recommended that the Council approve the issuance of a change order to the City's construction contract with John A. Hall g Company, Inc., dated August 2, 1972, so as, by alteration and modification of said contract to provide for paving the employees parking lot consisting of 7,245 square yards of finished paved parking area at Roa- noke Municipal Airport, 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 modifi- cations and that additional time is not required to complete the same; and WHEREAS, the Council is of opinion that the change proposed in such work is necessary for the reasons reported by the City Manager and, accordingly, concurs in said proposal, and has heretofore 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 be- half of the City, Change Order No. 2 to the City's contract dated August 2, 1972, with John A. Hall & Company, Inc., for certain alterations and additions at Roanoke Municipal Airport, said change order to provide for the following: Paving of the Airport Employee Parking Lot. Original Contract Price - $14~,696.~5 Contract Price as amended by Change Order No. 1 $154,696.(5 Remove and replace (50) parking blocks Add Lay (200) tons additional crusher run stone on existing base area Add Shape and compact base area of 7,245 square yards Add Prime base area with RC-250 at .4 Ga. per square yard = 2,8q8 Gals. Add Cover base area with ~68 or ~78 stone chips (20 lbs) = 72.45 tons Add Apply wearing surface of S-5 plant mix at 165 lbs. per square yard = 598 tons Add NEW CONTRACT PRICE Extension of time for completion - None. 300.00 492.00 1,449.00 869.40 724.5O 8,850.40 $167,582.25 Deputy City Clerk Mayor APPROVED ATTEST: BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. 6O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1974. No. 21282. A RESOLUTION requesting the General Assembly of Virginia to enact a certain other amendment to the Roanoke Charter of 1952, as amended. WHEREAS, at a regular meeting of the Council held on January 2, 1974, at 7:30 o'clock P.M., in the Council Chambers in the Municipal Building, after due and proper publication of the notice of public hearing provided for in sS15.1-835 of the 1950 Code of Virginia, as amended, which said notice contained, inter alia, the text of the proposed amendment to the Roanoke Charter of 1952 hereinafter referred to, a public hearing with respect to said proposed amendment was held before said City Coun cil, at which all citizens so desiring were afforded opportunity to be heard to deter mine if the citizens of the City desire that the City request the General Assembly to amend its existing Charter in the form and manner hereinafter referred to and as pro- vided in the aforesaid notice, certain other proposed amendments to said Charter havi been approved at the meeting of the Council held on December 26, 1973; and WHEREAS, upon conclusion of said public hearing and upon consideration of the proposed amendment to said Charter, the Council is of opinion that the General Assembly should be requested to amend said City's Charter in the additional respect hereinafter provided. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the General Assembly of Virginia be and is hereby requested at its 1974 Session to amend the Roanoke Charter of 1952, as presently amended, in those respects approved at the meeting of the Council held December 26, 1973, and, also, to amend and reenact Sec. 4 .Temoorarv Loans,, of said Charter, to read and provide as follows: Sec. 49. Temoorarv loans. The council shall have the power to negotiate and secure short term loans for the purpose of paying current expenses, debts or contractual obligations of the city. Such loans shall be evidenced by bonds or notes bearing interest, payable in not more than one year from the date of issue. The aggregate of such short term bonds and notes outstanding at any one time shall not exceed the revenue for such fiscal year nor shall it exceed an amount equal to twenty-five per centum of the revenue from all sources collected by the City in the preceding fiscal year. the text of the aforesaid proposed amendment having been published in full in the notice of public hearing heretofore mentioned. BE IT FURTHER RESOLVED that the City Clerk do forthwith and as provided in sS15.1-834 of the 1950 Code of Virginia, as amended, transmit to the members of the General Assembly of Virginia representing the City of Roanoke at the 1974 Session of said General Assembly two copies of a bill to amend the City's existing Charter in th respects heretofore and hereinabove set out, for introduction as a bill in said Gener Assembly, to be enacted as an emergency measure. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1974. No. 21283. A RESOLUTION requesting support of the members of the 1974 General Assembl of Virginia towards enactment of certain items of legislation. WHEREAS, this Council has considered certain items of legislation deemed necessary to be enacted by the 1974 Session of the General Assembly of Virginia, some of which would be of general benefit to all the localities of the State and others of which are of immediate importance to the City of Roanoke and other of the area's local 9overnmental units, and has considered, also, proposals of other legis- lation which the Council has concluded not to favor. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the representatives from the City of Roanoke be and they are hereby requested and urged to introduce into and support at the 1974 Session of the General Assembly of Virginia legislation which would accomplish the following purposes, namely: (a)Legislation authorizing an additional 1% local option sales and use tax. (b)Legislation providing for State assumption of the balance of funding for local welfare programs. (c) Legislation amending Virginia Code sS53-133.1 so as to provide, inter alia, for reimbursement by the State to any city or county, or combination thereof, of one-half the cost of construction or enlargement of any jail or detention or correctional facility, upon a basis approved by the State Board and the construction of which has been approved by the Governor, such reimbursement not to exceed the sum of one hundred thousand dollars for each city or county participating in such construction or enlargement thereof for any one such jail or other facility. (d) Legislation authorizing use of State funds for providing or improving access roads to public sanitary landfill sites. (e) Legislation that would establish a'more equitable formula for distribution of State educational funds, giving less weight to tax values and to average daily membership in the public schools. (f) Legislation that would provide for full funding of special education in the public schools, including programs for physically and mentally handicapped children. (g) Legislation which more clearly defines the areas of specific local responsibility for community colleges and for the public schools; and (h) Legislation making kindergarten education of children compulsory. BE IT FURTHER RESOLVED that this Council does not favor legislation which would authorize salaries to be paid to members of local boards, commissions, autho- rities and committees appointed by this Council, as compensation for their membership and service upon such bodies. BE IT FURTHER RESOLVED that the City Attorney be and is directed to assist, at the request of any of such representatives, in the drafting and preparation of necessary bills to accomplish any of the aforesaid purposes; and, further, that an attested copy of this resolution be transmitted by the City Clerk to Senator William B. Hopkins and to Delegates Ray L. Garland and A. Victor Thomas, and to the Roanoke City School Board. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1974. No. 21284. AN ORDINANCE to amend and reordain Section ~450, "Water," of the 1973-74 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 Sec- tion =450, "Water," of the 1973-74 Water Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER ~450 Chlorination equipment ........................ $65,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1974. No. 21285. AN ORDINANCE acceptinq the proposal of Brock 5 Davis Company, Incorporated for the construction of certain chlorination facilities at the City's Carvins Cove Filter Plant, under Contract "P"; authorizin9 the proper City officials to execute a requisite contract therefor; rejectin9 certain other bids made to the City; and providinq for an emergency. WHEREAS, at the meetinq of Council held on December 10, 1973, and after due and proper advertisement had been made therefor, three bids for furnishinq all tools, machines, labor and materials for the construction of certain new chlorinatio facilities at the Carvins Cove Filter Plant, under Contract "P", 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 recom. mendation thereon to the Council; and WHEREAS, the committee has reported to the Council in writin9 its tabula- tion and recommendation on said bids, from which it appears to the Council that the proposal of Brock G Davis Company, Incorporated, represents the lowest and best bid made to the City for the performance of the work, and should be accepted; and that the other bids should be rejected; and WHEREAS, funds sufficient to pay the cost of such work have been appropri- ated by the Council and are available for such purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal 9overnment and of its water department that this ordinance take effect upon its passaqe. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- lOWS: (1) That the proposal of Brock G Davis Company, Incorporated, for the construction of certain new chlorination facilities at the City's Carvins Cove Fil- ter Plant, under Contract "P", as described in the City's plans and specifications and in said bidder's proposal for a lump sum of $105,000.00, cash, upon satisfactory completion of said work and at the unit prices bid by said contractor for added or deleted quantities thereof, which said work is to be fully performed within 270 calendar days from the date of commencement thereof, be and said proposal is hereby ACCEPTED; and (2) That the City Manaqer and the City Clerk be and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite written contract with the successful bidder, the same to incorporate the terms and conditions of this ordinance, said bidder's pro- posal, 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, the cost of the work, when completed, to be paid out of funds heretofore appropriated by the Council for the purpose; and G4 (3) That the two other 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 their said bids. 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 2nd day of January, 1974. No. 21286. AN ORDINANCE authorizing the issuance of Change Order No. 1 to the City's contract with Vosbeck Vosbeck Kendrick Redinqer, Architects and Engineers, authorized by Ordinance No. 20863, for providing plans and specifications for equipment to be used in the Public Works Service Center; upon certain terms and conditions; and pro- viding for an emergency. WHEREAS, the City Manager, in report to the Council dated December 26, 1973 has recommended that the Council approve the issuance of a change order to the City's contract with Vosbeck Vosbeck Kendrick Redinger, Architects and Engineers, dated July 16, 1973, so as, by alteration and modification of said contract, to provide plans and specifications for equipment to be used in the Public Works Service Center; and WHEREAS, the Council is of opinion that the change proposed in such work is necessary for the reasons reported by the City Manager and, accordingly, concurs in said proposal, and has heretofore appropriated a sum sufficient to defray the additio: al 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 be- half of the City, Change Order No. 1 to the City's contract dated July 16, 1973, with Vosbeck Vosbeck Kendrick Redinger, Architects and Engineers, for providing plans and specifications for equipment to be used in the Public Works Service Center, said Architects and Engineers to be paid monthly upon invoice approved by the City Manager at the rate of 2.5 times direct payroll costs plus expenses, the amount to be paid hereunder not to exceed, however, the total sum of $8,500.00. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1974. No. 21287. A RESOLUTION urging support by the City's representatives in the General Assembly for construction of facilities at Virginia Western Community College. BE IT RESOLVED by the Council of the City of Roanoke that said Council doth urge the City's representatives in the General Assembly to lend their support to the request of Virginia Western Community College for the inclusion in the budget for the Virginia Department of Community Colleges of funds for the construction of an occupa- tional-technical building and an administrative, faculty office and student study area facility. BE IT FURTHER RESOLVED that this Council urges the governing bodies of all localities utilizing the facilities of Virginia Western Come, unity College to adopt similar resolutions in support of the construction of the above facilities. BE IT FINALLY RESOLVED that the City Clerk do transmit certified copies of this resolution to the City's representatives in the General Assembly of Virginia and to the Clerks of all area governing bodies. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1974. No. 21288. A RESOLUTION granting temporary revocable, non-transferable permission to W. Ray Reynolds to operate a gift shop for the sale of handicrafts manufactured upon premises located at 3739 Roundhill Avenue, N. W., known as Lot 55, Map of Roundhill Terrace, Official Tax No. 2080142, upon certain terms and conditions. WHEREAS, W. Ray Reynolds, occupant of the property or premises hereinafter described, has requested that.he be permitted to operate a gift shop for the sale of handicrafts manufactured on the hereinafter described prealises, and upon consideratio of the request, this Council is agreeable to said occupant's proposal and is willin9 to permit the temporary operation upon the terms and conditions herein contained. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that per- mission be, and is hereby granted W. Ray Reynolds, occupant of the premises located at 3739 Roundhill Avenue, N. W., known as Lot 55, Map of Roundhill Terrace, Official Tax No. 2080142, to temporarily pursue and operate a gift shop for the sale of handi- crafts manufactured by said occupant and members of his family upon the premises abovedescribed, 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 exe- cution of an attested copy of this resolution, 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 nonconforming use under the City's zoning regulations, and that, upon notice of revo- cation of the within permit, mailed to said permittee or posted on the aforesaid pre- mises, said permittee shall, within (30) days from the date of mailing or posting of such notice, cease said pursuit or calling on such premises. 'BE IT FURTHER RESOLVED that the provisions of this resolution shall not be- come fully effective until such time as an attested copy of this resolution shall hay been duly signed, sealed, attested and acknowledged by said permittee, and filed in the office of the City Clerk. ATTEST: Deputy City Clerk APPROVED Mayor 1974. ACCEPTED and EXECUTED by the undersigned this day of STATE OF VIRGINIA CITY OF ROANOKE To-wit: W. Ray Reynolds (SEA I, , a Notary Public in and for the City of Roanoke, in the State of Virginia, do hereby certify that W. Ray Reynolds, whose name is signed to the foregoing resolution 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 2nd day of January, 1974. No. 21289. A RESOLUTION rejecting the only bid received for painting the Wasena Bridge and directing that the matter be readvertised for bids. WHEREAS, on November 12, 1973, and after due and proper advertisement had been made therefor, one (1) bid was received and opened by the Council for painting ,) the Wasena Bridge, which bid was, 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 said bid should be rejected. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the only bid heretofore received by the City on November 12, 1973, for painting the Wasena Bridge be and the same is hereby REJECTED; the City Clerk to so notify said bidder and to express the City's appreciation of said bid. BE IT FURTHER RESOLVED that the City Manager do proceed to readvertise for bids for said matter. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1974. No. 21278. 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. 333, 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 1 and 2, Block 13, Map of Jackson Park, Official Tax No. 3330314 rezone from RD, Duplex Residential District, to RG-1, General Residential District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be 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, 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 2nd day of January, 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 rezoninq; 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. 333 of the Sectional 1966 Zone Map, City of Roa- noke, be amended in the following particular and no other, viz.: Property located on 2000 block of Wallace Avenue, N. E., described as Lots 1 and 2, Block 13, Map of Jackson Park, Official Tax No. 3330314, designated on Sheet 333 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 333031, be, and is hereby, changed from RD, Duplex Residential District, to RG-1, General Residential District, and that Sheet No. 333 of the aforesaid map be changed in this respect. ATTEST: Deputy City Clerk A P P R 0 V E 0 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1974. No. 21279. ORDINANCE permanently vacating, discontinuing and closing those certain unopened portions of Twentieth Street, S. W., and Nineteenth Street, S. W., both extending in a southerly direction from Chapman Avenue, S. W. and an unopened twelve foot alley extending in a westerly direction from the aforesaid portion of Nineteenth Street, S. W., said streets being approximately 50 feet in width and said alley being approximately 12 feet in width, all more particularly described hereinafter. WHEREAS, Alton Lowe, Incorporated and Kennard-Pace Co,, Inc. have heretofor~ filed their petition before the Council of the City of Roanoke, Virginia, in accord- ance with law, requesting the Council to permanently vacate, discontinue and close the aforesaid portions of two streets and an alley, the filing of which petition due notice was given to the public as required by law; and WHEREAS, in accordance with the prayers of said petition, viewers were appointed by the Council on the 5th day of November, 1973, to view the property and to report in writing whether in their opinion any inconvenience would result in per- manently vacating, discontinuing and closing the aforesaid street portions and alley- way; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk that no inconvenience would result to any individual or to the public from permanently vacating, discontinuing and closing said street portions and alleyway; an WHEREAS, Council at its meeting on November 5, 1973, referred the petition to the City Planning Commission, which Commission in its report before Council on December 10, 1973, recommended that the request to close those unopened portions of Twentieth Street, S. W. and Nineteenth Street, S. W., both extending in a southerly direction from Chapman Avenue, S. W. and an unopened twelve foot alley extending in a westerly direction from the aforesaid portion of Nineteenth Street be granted; and WHEREAS, a public hearing was held on the question before Council at its meeting on the 2nd day of January, 1973, at 7:30 p.m., after due and timely notice thereof published in the Roanoke World News, at which hearing all parties and interes ed citizens were afforded an opportunity to be heard on the question; and WHEREAS, from all of the foregoing, Council considers that no inconvenience would result to any individual or to the public from permanently vacating, discon- tinuing and closing the hereinafter described street portions and alleyway, as recommended by the Planning Commission, and that accordingly said streets and alley- way should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that those unopened portions of Twentieth Street, S. W., and Nineteenth Street, S. W., both extending in a southerly direction from Chapman Avenue, S. W., and an unopened twelve foot alley extending in a westerly direction from aforesaid portion of Nine- teenth Street, all of which are more particularly described as follows: PARCEL I BEING that portion of Twentieth Street, S. W., as shown on City Appraisal Map ~132 extending in a southerly direction from Chapman Avenue, S. W., to its intersection with the Norfolk and Western (formerly l/irginian) Railway Company right of way, said street being bounded on the west (86.03 feet, more or less) by the northerly portion of Lot 1, Block 48, of River View and West End Land Company Map and on the east (108.20 feet, more or less) by the northerly portion of Lot 8, Block 36, of the River View and West End Land Company Map, said street being 50 feet wide, more or less. PARCEL II BEING that portion of Nineteenth Street, S. W., as shown on City Appraisal gap ~132 extending in a southerly direction from Chapman Avenue, S. W., to its intersection with the Nor- folk and Western (formerly Virginian) Railway Company right of way, said street being bounded on the west (285.6 feet, more or less) by the northerly portion of Lot 9, and ail of Lot 1, Block 36, of River View and West End Land Company Map and on the east (312 feet, more or less) by Lots 8 and 16, Block 26, of River View and West End Land Company Map, said street being 50 feet wide, more or less. PARCEL II I BEING all of that alley as shown on City Appraisal Map ~132 extending in a westerly direction through Block 36 of the River View'and West End Land Company Map from that portion of Nineteenth Street as described in Parcel II, to its inter- section with the right of way line of the Norfolk and Western Railway (formerly Virginian) Company, said alley being bounded on the north (300 feet, more 'or less) by Lots 1, 2, 3, 4, 5, 6 and a portion of the northerly part of Lot 7, Block 36, of River View and West End Land Company Map and on the south (275 feet, more or less) by the northerly portion of Lots 9, 10, 11, 12, 13 and 14, all in Block 36, of the River View and West End Land Company Map, said alley being twelve feet wide, more or less. BE, and they hereby are, permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke, Virginia, and of the pub- lie and to the same be, and it hereby is, released insofar as the Council of the Cit of Roanoke is empowered so to do, the City of Roanoke, Virginia, reserving unto it- self, however, a perpetual easement for sewer lines, drains, water lines and other public utilities which may' now be located in and over the 'aforesaid streets and alleyway. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, direct d to mark "Permanently Vacated" on the above-described portions of Nineteenth and Twentieth Streets and alleyway on ali maps and plats on file in his office on which the said streets and alleyway are shown, referring to the book and page of Ordinance and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. 7O 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 Ordinanc in order that the Clerk of said Court may make proper notation on all maps or plats recorded in his office upon which are shown the said streets and alleyway, now as pro vided by law, and that if requested by any party in interest, he may record the same in the deed book in his office indexing the same in the name of the City of Roanoke, Virginia, as grantor and in the name of any party in interest who may request as grantee. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, lC~74. No. 21280. AN ORDINANCE permanently vacating, discontinuing and closing that certain alley extending from the southerly side of Mountain Avenue, S. E., to the northerly side of Highland Avenue, S. E., located between First Street and Third Street, S. E., and running parallel thereto. WHEREAS, Community Hospital of Roanoke Valley and Carnett Investments here- tofore made application to the City of Roanoke, Virginia, that the alley hereinafter described be permanently vacated, discontinued and closed, after having first posted a notice of the intended application as provided by law; and WHEREAS, the Council of the City of Roanoke, Virginia, on the 2qth day of October, lq73, adopted Resolution No. 21187 appointing Messrs. R. Lee Mastin, William G. Mangus, Jr., and J. Wysor Smith, Jr., all three of whom to act, as viewers to view the aforesaid alley and report in writing, pursuant to the provisions of Section 15.1. 364 of the Code of Virginia of 1950, as amended to date, whether in their opinion any and if any, what inconvenience would resuli from discontinuing the same; and WHEREAS, the three said viewers did visit and view the aforesaid alley and the adjacent neighborhoods and did report in writing that in their opinion no incon- venience would result either to any individual or to the public from vacatin9, discon, tinuing and closing said alley; and WHEREAS, this matter has been referred to the Plannin9 Commission of the City of Roanoke, Virginia, which said Commission has approved the permanent vacating, discontinuing and closing of said alley; and WHEREAS, a public hearing on the aforesaid application to permanently vacat discontinue and close said alley was held, after a notice thereof was duly advertised in The Roanoke World-News on December 14, 1973, advising the public of the said publi! hearing before this Council on Wednesday, January 2, 1974, at 7:30 p.m., on said day, at which meeting there was expressed no objection or opposition to vacating, discon- tinuing and closing said alley; and 71 WHEREAS, in the opinion of this Council, no inconvenience to the public or any owner will result if said alley be vacated, discontinued and closed for the purposes set forth in the aforesaid application. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia that that certain alley located in the City of Roanoke, Virginia, shown on Sheet No 402 of the Tax Appraisal Map of the City of Roanoke, Virginia, and more particularl described as follows, to wit: That certain alley extendin9 from the Southerly side of Mountain Avenue, S. E., to the northerly side of Highland Avenue, S. E., located between First Street and Third Street, S. E., and running parallel thereto for the entire length and width of said alley be and the same is hereby permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke, Virginia, and the public in and t the same be and they are hereby released insofar as the Council is empowered so to do, the City of Roanoke reserving unto itself, however, a perpetual easement for sewer lines, drains, water lines and other public utilities which may now be locate in the aforesaid alley. BE IT FURTHER ORDAINED that the City Engineer be and he is hereby directe to mark "Permanently Vacated, Discontinued and Closed" said alley on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, Virginia, on which said alley is shown, referring thereon to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordi- nance shall be spread; and the City Clerk is directed to transmit an attested copy hereof to the Clerk of the Circuit Court of the City of Roanoke, Virginia, for recordation in said Clerk's Office. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1974. No. 212~1. AN ORDINANCE permanently vacating, discontinuing and closing certain alleys and portions of alleys within the boundary of or bordering the Gainsboro Neighborhood 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 certain alleys or portions of same located within the boundary of or borderin 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 appoi: ed by the Council on the 12th day of November, 1973 to view the property and to repor in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said alleys or portions of same; and WHEREAS, it appears from the written report of said viewers filed with the City Clerk on the 2~th day of November, 1973, that no inconvenience would result eith to any individual or to the public from permanently vacating, discontinuing and closi said alleys or portions of same; and WHEREAS, Council at its. meeting on the 12th day of November, lC73 referred the petition to the City Planning Commission, which Commissioner by its report dated December 6, I973, and filed with Council recommended that the petition to vacate, dis. continue and close the alleys and portions thereof hereinafter more fully described be approved; and WHEREAS, a public hearing was held on the question before the Council at its regular meeting on January 2, 1974, after due and timely notice thereof published in the World News, at which hearing all parties in interest and citizens were afforde 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, dis- continuing and closing the alleys and portions thereof within and bordering upon the Gainsboro Neighborhood Development Program VA A-6, as applied for by the petitioner, and that said 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 alleys and portions of alleys located within the boundary of or bordering upon 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 empowered so to do, the CitY of Roanoke hereby expressly reserving an easement in said alleys and portions thereof for the maintenance, operation, repair and replacement of any existing water line, or other municipal installation or public utility now located in said alleys and portions thereof, such easement or easements to terminate upon the later abandonment of use or permanent removal from the alleys and portions of alleys of any such municipal installation or utility by the owner thereof: 1. That certain unopened paper alley extending from the north line of ~IcDowell Avenue at a point approximately 150 feet west of Peach Road, running in a northerly direction between Lots 2 and 3, Section 7, North Side Addition, for a distance of approximately 100.5 feet to intersect with the southerly line of another alley running in an east-west direction. 73 2. All that certain alley extending from the southerly line of McDowell Avenue at a point approximately 300 feet west of Peach Road, runnin9 in a southerly direction between Lots 5 and 6, Section 5, North Side Addition Map, for a distance of approximately 100 feet to intersect with the northerly line of a certain alley running in an east-west direction. 3. That portion of a certain alley running in an east-west direction equi-distant between and parallel to McDowell Avenue, N. W. and Madison Avenue, N. W., extending from a point approximately 220 feet west of Peach Road, said point bein9 the lot line between Lots 3 and 4, Section 5, North Side extended, thence running in a westerly direction a distance of approxi- mately 460 feet to a point being the property line between Lots 12 and 13, Section 5, North Side Addition, extended. 4. That certain alley extending from the easterly line of 5th Street, N. W. at a point approximately 63.5 feet south of Madison Avenue, N. W. and q'l.5 feet north of Rutherford Avenue, N. W., thence running in an easterly direction a distance of approximately 1225 feet to a point approximately 337 feet west of Gainsboro Road, and bein9 the property line between Lots 8 and q, Section 3 of North Side extended. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, direct. ed to mark "permanently vacated" on all the above described alleys or portions there. of 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. 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 Ordi- nance 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 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 interest who may request it as grantee. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1974. No. 21290. AN ORDINANCE to amend and reordain Section =98, "Contingencies," and Sec- tion ~63, "Municipal Building," of the 1973-74 Appropriation Ordinance, and providin for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio ~98, "Contingencies," and Section ~63, "Municipal Building, of the 1973-74 Appropria, tion Ordinance, be, and the same are hereby, amended and reordained to read as fol- lows, in part: CONTINGENCIES ~98 Contingency Reserve (1) $91,791.66 MUNICIPAL BUILDING ~63 Rentals (2) ................................... $ 8,208.34 (1) Net decrease $8,208.34 (2) Net increase 8,208.34 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 7th day of January, 1974. No. 21291. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Im- provements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emer- gency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio~ ~89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND =89 Parking Garage (1) ......................... $1,286.71 (1) Net increase ...... $1,286.71 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma yo r 75 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1974. No. 21292. AN ORDINANCE to amend and reordain Section ~440, "Civic Center Fund - Ad- ministrative Expenses," of the 1973-74 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 Sec- tion ~440, "Civic Center Fund - Administrative Expenses," of the 1973-74 Civic Cente Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER FUND - ADMINISTRATIVE EXPENSES =440 Personal Services (I) .................... $281,712.50 (1) Net increase ---$7,818.00 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 7th day of January, 1974. No. 21293. A RESOLUTION authorizing the City Manager to cause a Project Application to be prepared and, thereafter, execute and submit the same to the Federal Aviation Administration for approval, consisting of a certain purchase of a crash-rescue vehicle proposed to be used at Roanoke Municipal Airport, (Woodrum Airport), and expressing this Council's willingness to provide funds to pay a certain portion of the cost of such purchase during the current calendar year. WHEREAS, report has been made and concurred in by the City Manager, recom- mending that a crash-rescue vehicle be purchased for use at Roanoke Municipal Airporl and advising that 82% reimbursement from the Federal Aviation Administration may be available to defray the cost of said vehicle and it is now desired that formal appli cation be made to the Federal Aviation Administration for the initiation of an Air- port Project as hereinafter described. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows 1. That the City Manager be, and he is hereby authorized and directed to cause a Project Application to be prepared and, thereafter, to execute and submit the same to the Federal Aviation Administration for approval, embodying the purchase of a crash-rescue vehicle, Ansul 480 Magnum, with radio accessories, costing approximately $50,000.00, for use at the Roanoke Municipal Airport. 2. That this Council doth hereby signify said City's willingness to provid, funds, during the current calendar year, in the amount of approximately $10,666.00 with which to pay the City's share of the estimated costs of the above project, pro- vided the Project Application herein authorized to be made be first approved by the aforesaid Federal Aviation Administration. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1974. No. 21294. AN ORDINANCE to amend and reordai n Section =45, "Police," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio: =45, "Police," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE =45 Vehicular Equipment - Replacement (1) ....... $62,145.50 (1) Net increase ..... $245.50 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 7th day of January, 1974. No. 21295. AN ORDINANCE providing for furnishing the City five (5) Cushman Police Special Model 40474-898404 Police Vehicles, by accepting a certain proposal made therefor; and providing for an emergency. WHEREAS, on December 27, 1973, and after due and proper advertisement had been made therefor, one (I) bid for the sale to the City of five (5) Cushman Police Special Model 40474-898404 Police Vehicles, 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 recommendation to the C~ ncil through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has trans. mitred the same to the Council, recommending award of the contract as hereinafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest, best and only bid fully meeting the City's specifications therefor, made to the City for the supply of said equipment and that funds sufficient to pay for the purchase price of said equipment have been appropri- ated; 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 Haight Engineering Company, Incorporated, to furnish and deliver to the City five (5) Cushman Police Special Model 40474-898404 Police Vehicles for a gross price of $12,215.00 to be paid by the City to said Haight Engineering Company, Incor porated, upon delivery of the vehicles f.o.b., Roanoke, in full accordance with the City's specifications and requirements made therefor and with said bidder's written proposal made to the City, be, and said proposal is hereby ACCEPTED; and the City Purchasing Agent be, and he is hereby authorized and directed, for and on behalf of the City, to issue appropriate purchase order to said company in accordance herewith and subject to the abovementioned specifications and requirements. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED Deputy City Clerk Mayor 78 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1974. No. 21296. AN ORDINANCE amending and reordaining Ordinance No. 21268 relating to secur- ity required of public depositories; and providing for an emergency. WHEREAS, Ordinance No. 21268, adopted December 26, 1973, intending to amend and reordain Section 5, of Chapter 3, Title .V, of the Code of the City of Roanoke, 1956, as amended, relating to the security required of public depositories wherein moneys of the City are deposited, through clerical error incorrectly referred to the same as Section 5 of Chapter 21 of the Code of said City, and the Council desires to correct this misreference; and WHEREAS, in the opinion of the Council, there is immediate necessity that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordi- nance No. 21268, adopted December 26, 1973, and Section 5 of Chapter 3, Title V of th Code of the City of Roanoke, 1956, as amended, be and the same are hereby amended and reordained, 'to read and provide as follows: Sec. 5. Security for public deDosi~. No moneys, either current or time deposit funds, shall be deposited in any of the banks named in section 1 of this chapter until such depository shall have qualified under the Virginia Security for Public Deposits Act of 1973, as a depository authorized to accept, receive, hold or retain public deposits of the city which are secured pursuant to said Act. BE IT FURTHER ORDAINED that an emergency exists and this ordinance shall be in force and effect on and after January 1, 1974. ATTEST Deputy City Clerk A P P R 0 V E 0 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1974. No. 21297. AN ORDINANCE providing for the purchase and acquisition of central office fire alarm equipment and four (4) six-circuit recorders, upon certain terms and con- ditions; and providing for an emergency. WHEREAS, at the Council's meeting held December 10, 1973, and after proper advertisement had been made therefor, certain bids for the supply of the equipment hereinafter authorized to be purchased were opened and read before the Council, where. upon all said bids were referred to a committee to be tabulated and studied, with re- port thereon to be made back to Council; and WHEREAS, said committee has reported in writing to the Council under date of January 7, 1974, that the bids hereinafter accepted, are the lowest and best bids in each category, meeting the City's specification made therefor, and should be accepted; and WHEREAS, funds sufficient to provide for the payment of the purchase prices of the equipment hereinafter authorized to be purchased have been or are being con- temporaneously appropriated for the purpose, and it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its pas- sage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the bid of B 5 B Electromatic Corporation, of Norwood, Louisiana, to provide central office fire alarm equipment for a total price of $12,205.00; and 2. That the bid of Harrington Signal Company of Moline, Illinois, to pro- vide four (4) six-circuit recorders for a total net price of $5,200.00, be and each of said proposals are hereby ACCEPTED; and the City's Purchasing Agent is hereby authorized and directed to issue to the successful bidders the City's purchase order for the aforesaid new equipment, incorporating into said purchase orders the City's aforesaid specifications, said bidders' proposals, guarantees and warranties, and th provisions of this ordinance; and upon delivery to the City and the City's acceptanc of said new equipment, the proper City officials shall be, and are hereby authorized and directed to make requisite payment to said successful bidders of the aforesaid purchase prices, not to exceed the sums hereinabove set out. BE IT FURTHER ORDAINED that all other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby REJECTED; the City Clerk to so notify all said other bidders and to express to each the City's apprecia- tion for each said bid. 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 7th day of January, 1974. No. 21298. AN ORDINANCE to amend and reordain Section =19, "Juvenile and Domestic Re- lations Court," of the 1973-74 Appropriation Ordinance, and providing for an emerqen WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 8O THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio ~19, "Juvenile and Domestic Relations Court," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE AND DOMESTIC RELATIONS COURT ~19 Office Furniture and Equipment - New (1) .................................... $41,755.00 (1) Net increase $8,000.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1974. No. 21299. AN ORDINANCE providing for the purchase and acquisition of custom furnishin, and movable furniture for use in the Courtroom of the Third Street Building, upon certain terms and conditions; and providing for an emergency. WHEREAS, at the Council's meeting held December 10, 1973, and after proper advertisement had been made therefor, certain bids for the supply of the equipment hereinafter authorized to be purchased were opened and read before the Council, where- upon all said bids were referred to a committee to be tabulated and studied, with report thereon to be made back to Council; and WHEREAS, a single bid for certain equipment hereinafter authorized to be purchased had theretofore been received on November 2, 1973; and WHEREAS, said committee has reported in writing to the Council under date of January 7, 1974, that the bids hereinafter accepted, are the lowest and best bids in each category, meeting the City's specifications made therefor, and should be accepted; and WHEREAS, funds sufficient to provide for the payment of the purchase prices of the equipment hereinafter authorized to be purchased have been or are being contem poraneously appropriated for the purpose, and it is Inecessary for the usual daily operation of the municipal government that this ordinance take effect upon its passag THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:i 1. That the bid of Hodges Lumber Company, of Roanoke, Virginia, to providel custom furnishings for the Courtroom of the Third Street Building for a total price of $32,938.00; and 2. That the bid of Caldwell-Sites Company, of Roanoke, Virginia, to provide movable furniture for the Courtroom of the Third Street Building at a total net price of $4,377.88 be, and each of said proposals are hereby ACCEPTED; and the City's Pur- chasing Agent is hereby authorized and directed to issue to the successful bidders the City's purchase orders for the aforesaid new equipment, incorporating into said purchase orders the City's aforesaid specifications, said bidders' proposals, guaran- tees and warranties, and the provisions of this ordinance; and upon delivery to the city and the City's acceptance of said new equipment, the proper City officials shall be, and are hereby authorized and directed to ~ake requisite payment to said success~ ful bidders of the aforesaid purchase prices, not to exceed the sums hereinabove set out. BE IT FURTHER ORDAINED that all other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby REJECTED; the City Clerk to so notify all said other bidders and to express to each the City's apprecia- tion for each said bid. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1~74. No. 21300. AN ORDINANCE to amend and reordain Section ~1, "Council," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~tl, "Council," of the 1973-74 Appropriation Ordinance, be, and the same is here-' by, amended and reordained to read as follows, in part: COUNC IL = 1 Travel Expense (1) ......................... $7,000.00 (1) Net increase $3,000.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall ' be in effect from its passage. A TTE ST: APPROVED Deputy City Clerk Mayor 82 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1974. No. 21301. AN ORDINANCE authorizinq the employment of certain professional consultant services to undertake a housin§ study for the City of Roanoke in connection with the City's Overall Proqram Desiqn, 1973-1974 to 1976-1977, dated June 1973, upon certain terms and conditions; and providinq for an emerqency. WHEREAS, in order that the City may know and understand the dimensions of housin9 need and demand in the City and its vicinity and properly allocate City re- sources to achieve such needs and proqram requirements, the housinq study hereinafter authorized to be undertaken is needed and required as an inte§ral part of carryinq out the City's comprehensive planninq assistance 9rant, section 701 of the United States Department of Housinq and Urban Development, as amended, and the City's Overal Proqram Desiqn, 1973-1974 to 1976-1977, dated June 1973; and WHEREAS, funds sufficient to pay the cost of the services herein authorized to be employed have been appropriated and are available for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal qovernment that this ordinance take effect upon its passaqe. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of Morton Hoffman and Company, Inc., made to the City under date of December 17, 1973, to study and make report on the demand and need for housinq in the City of Roanoke and its vicinity and to investiqate and recommend alternative implementation strateqies for the City in meetinq and supplyinq such needs, for a lump sum cost of $26,900.00, to be payable in monthly increments as such work proqresses, and the stud' to be performed over a six-month period commencinq in January, 1974, be and said pro- posal is hereby ACCEPTED. BE IT FURTHER ORDAINED that the City Manaqer be and is hereby authorized and directed, for and on behalf of the City, to enter into written aqreement, upon form approved by the City Attorney, with the firm of Morton Hoffman and Company, Inc. to perform those professional services described in said firm's proposal made to the City under date of December 17, 1973. BE IT FURTHER ORDAINED that, an emerqency existin9, this ordinance shall be in effect from its passaqe. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1974. No. 21302. AN ORDINANCE to amend and reordain Section ~83, "Planning Commission," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =83, "Planning Commission," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PLANNING COMMISSION ~83 Housing Study (1) ........................... $26,900.00 (1) Net increase $26,900.00 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 7th day of January, 1974. No. 21303. A RESOLUTION indicating general approval of certain plans for the location and design of the intersection of State Route 118 and Williamson Road in the City of Roanoke,. as developed and presented by the Virginia Department of Highways for Route 118, Project 0118-128-101, C-501, at a certain public hearing to be held thereon. WHEREAS, there have been presented to the Council plans prepared by the Commonwealth of Virginia, Department of Highways, for the proposed location and de- sign of the intersection of State Route 118 and Williamson Road in the City, herein- after referred to by location and by project number, said plans showing, among other things, proposed connections and interchanges with existing roads and streets, which said plans of proposed location and desi§n have been studied and recommended by the City Manager and by the City's Plannin9 Department, and recommended to the Council who is advised that a public hearing has been scheduled and advertised to be held on said plans on January 23, 1974; and WHEREAS, this Council desires to indicate general approval of said plans, and to advise said Department of Highways of its approval thereof. 84 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby generally approves and concurs in the plans developed by the Virginia Department of Highways for the location and design of the intersection of State Route 118 and Williamson Road in the City of Roanoke, as shown on the plans of State High- way Project 0118-128-101, C-501, to be presented at the public hearing advertised to be held thereon by said Department on January 23, 1974, a copy of which said plans is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that attested copies of this resolution be furnished the City Manager, who shall transmit the same through appropriate channels to the Commonwealth of Vir§inia, Department of Highways, and present the same at the time of the aforesaid public hearing. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of January, 1974. No. 21304. AN ORDINANCE to amend and reordain Section =9000, "Schools - Food Services, of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio ggo00, "Schools - Food Services," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS- FOOD SERVICES =9000 Replacement of Equipment (1) .................. $6,009.78 (1) Net increase $3,737.78 *100% of actual expenditures to be reimbursed by federal funds 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 I4th day of January, 1974. No. 21305. AN ORDINANCE to amend and reordain Section ~37, "Public Assistance," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~37, "Public Assistance," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE ~37 Old Age Assistance (1) .................... $233,361.00 Aid to Permanently and Totally Disabled (2) ..................... 372,776.00 Aged Auxiliary r;n;;'i~ ;i ]]i 50,000.00 Disabled Auxiliary Grants i .''''~].1... '50,000.00 Blind Auxiliary Grants (6) ................ 5,000.00 (1) Net decrease- (2) Net decrease- (3) Net decrease (4) Net increase (5) Net increase (6) Net increase- $24,516.00 22,224.00 784.05 50,000.00 50,000.00 5,000.00 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 14th day of January, 1974. No. 21306. AN ORDINANCE to amend and reordain Section ~45, "Police," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~45, "Police," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE ~45 Personal Services (1) .................... $1,918,402.00 High Incidence Target Program (2) (3) ......................... 323,244.00 6 (1) Net decrease- (2) Net increase (3) Net increase- $60,608.00 262,636.00 60,608.00 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 14th day of January, 1974. NO. 213o7'. "Re AN ORDINANCE to amend and reordaih section ~75, creation, Parks and Re- ereational Areas," of the 1973-7~1 Appropriation Ordinance, and providing for an emer- gency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio ~75, "Recreation, Parks and Recreational AreaS," of the 1973-74 Appropriation Ordinan be, and the same is hereby, amended and reordained to read as follows, in part: RECREATION, PARKS AND RECREATIONAL AREAS Other Equipment - New (1) ........................... $33,850.30 (1) Net increase $590.30 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 14th day of January, 1974. No. 21308. AN ORDINANCE to amend and reordain Section ~:47, "Fire Department," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is de,cia.red ~t.o e.xist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~47, "Fire Department," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FIRE DEPARTMENT Personal Services (1) ....................... $1,509,916.50 (1) Net decrease .................. $576,341.00 BE IT FURTHER ORDAINED that, an emerqency existinq, this Ordinance shall be in effect from its passaqe. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of January, 1974. No. 21309. AN ORDINANCE to amend and reordain certain sections of the 1973-74 Appro- priation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emerqency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1973-74 Appropriation Ordinance, be, and the same are here- by, amended and reordained to read as follows, in part: REVENUE SHARING TRUST (1) -O- FIRE DEPARTMENT ~47 Personal Services (2) .................... $2,086,257.50 (1) Net decrease $576,341.00 (2) Net increase $576,341.00 BE IT FURTHER ORDAINED that, an emerqency existinq, this Ordinance shall be in effect from its passaqe. ATTEST: APPROVED Deputy City Clerk Mayor 88 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of January, 1974. No. 213 10. AN ORDINANCE to amend and reordain Section =550, "Sewage Treatment Capital Improvements Fund," of the 1973-74 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 1973-74 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- 832 ....................... $21,839,000.00 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 21st day of JanuarY, 1974. No. 21311. AN ORDINANCE to amend and're°rdain Section ~37, "Public Assistance," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectiol ~37, "Public Assistance, of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE =37 WIN (1) ............................... $ 70,000.00 Day Care- Not WIN (2) ..................... 290,000.00 (1) Net decrease $65,000.00 (2) Net increase 65,000.00 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 21st day of January, 1974. No. 21312. AN ORDINANCE to amend and reordain Section ~51, "Life Saving Crews," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~51, "Life Saving Crews," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIFE SAVING CREWS ~51 Operating Supplies and Materials (1) .............................. $9,000.00 (1) Net increase --$3,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED ~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of January, 1974. No. 21313. AN ORDINANCE authorizing the City Manager to execute, on behalf of the City, Amendment No. 1 to a certain grant heretofore made by the United States of America to the City for project No. C-510442 for construction of certain sewage treatment facilities, said amendment having the effect of increasing the amount of said grant by the sum of $7,129,800.O0; and providing for an emergency. WHEREAS, the City Manager has reported that the United States Environmenta Protection Agency has increased the Federal grant of funds by the amount of $7,129,800.00 on Contract E for project C-510442, which would make Federal participa4 tion in said project a total sum of $18,601,050.00, and has recommended that Grant Amendment No. 1 to said project be authorized to be executed on behalf 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 City Manager be and he is hereby authorized to execute, for and on behalf of the City Amendment No. 1 to Grant No. C-510442 01, fr'om the United States of America by the United States Environmental Protection Agency to the City, which amendment would in- crease the obligation of the United States Government to the City of Roanoke by the sum of $7,129,800.00, said Amendment No. 1 being dated January 8, 1974, and being upo EPA Form 5700-21 (Revised February-1973). BE IT FURTHER ORDAINED that the City Clerk do forthwith transmit an attest- ed copy of this ordinance to the Director, Office of Grants Coordination, U. S. En- vironmental Protection Agency, Region III, 6th and Walnut Streets, Philadelphia, Pennsylvania, 19106. BE IT FINALLY 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 21st day of January, 1974. No. 21314. AN ORDINANCE authorizing the execut'ion of an agreement providing for the operation of a sanitary landfill by the City of Roanoke on property owned by FWC Corporation in the Town of Vinton, upon certain terms and conditions; and providing for an emergency. WHEREAS, the hereinafter named owner of a certain 154.5 acre tract of' land situate in the Town of ¥inton is willing to lease approximately 29.5 acres of said land to the City of Roanoke and the Town of Vinton for use as a sanitary landfill for said two communities, the landfill to be operated by the City of Roanoke upon the general terms and conditions hereinafter set out; and WHEREAS, the City Manager has recommended that the City of Roanoke agree to operate the sanitary landfill on' the abovementioned land for the joint benefit of the City of Roanoke and the Town 'of Vinton and, in so doing, to agree that the land- owner have the express right to deliver and deposit at the landfill, without cost, construction refuse and debris originating from its own properties and projects with- in the limits of the Town of Vinton, the City of Roanoke and the County of Roanoke, in which recommendatio~ the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed to execute, on behalf of th, City of Roanoke, a certain written lease agreement drawn to be executed, also, by thel Town of ¥inton and by FWC Corporation, landowner, said agreement to provide amongst its other provisions the following: 1. That FWC Corporation lease to the City of Roanoke and to the Town of ¥inton, jointly, approximately 29.5 acres of that certain 154.5 acre tract of land owned by said corporation and situate in the Town of ¥inton, for use as a sanitary landfill, said lease to be for an original term of six months but to be automaticallF extended or renewed from month to month thereafter until the slope and grade of such :i land is satisfactory with the' landowner or until said lease be earlier terminated by thirty day written notice given by any party to the other two parties; 2. That the landowner have the right to deliver and deposit construction refuse and debris from its own properties and projects, without cost, as hereinabove~ referred to; 3. That the City operate said landfill at its own expense for the joint benefit of said City and the Town of ¥inton, the City to pay to the landowner $1.00 for each truck load of refuse brought to the landfill by trucks owned by the City or by trucks carrying refuse from any area within the corporate limits of the City, the City to have the right to refuse to accept on said landfill area refuse claimed to have originated within the City but not transported thereto by vehicles owned and operated by the City; the Town of ¥inton and its residents to be permitted to delive without cost, at said site any refuse collected by said Town or by residents of said Town excluding, however, commercial types of collection of refuse originating outsid said Town, but including refuse collected by vehicles operated by the County of Rea- noke under present arrangement with said Town; 4. That said agreement contain provision for permit, methods of operation access, payment of rental, indemnification, site preparation, and other matters as s out in that certain proposed form of lease submitted to the Council.with the report of the City Manager dated January 21, 1974, or as required by said City Manager and approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. A P P R OYE D ATTEST: Deputy City Clerk Mayor 92 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of January, 1974. No. 21315. A RESOLUTION confirming the City Manager's appointment of Carl C. Holt as Chief of the Fire Department, effective January 25, 1974. BE IT RESOLVED by the Council of the City of Roanoke that the said Council doth hereby confirm the City Manager's appointment of Carl C. Holt as Chief of the Fire Department and head of the City's Fire Department, effective January 25, 1974, as said appointment was heretofore reported to the Council by the City Manager at the Council's meeting held January 21, 1974. ATTE ST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of January, 1974. No. 21316. A RESOLUTION confirming the City Manager's appointment of Bernice F. Jones as Director of Human Services, in the administrative service of the City of Roanoke~. WHEREAS, the City Manager's intent to make the appointment hereinafter con- firmed was contained in report made to the Council on July 9, 1973, and was, in fact, approved by the Council by revision made to the City's Pay Plan set out in Ordinance No. 21032, although formal confirmation of said appointment seems not to have hereto- fore been given. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fOllows: That the said Council doth hereby confirm the City Manager's appointment of Miss Bernice F. Jones as Director of Human Services, effective July 16, 1973, in the administrative service of the City of Roanoke, as said appointment was reported to the Council by the City Manager at the Council meeting held on July 9, 1973. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of January, 1974. No. 21317. A RESOLUTION rejectin9 the only bid received for construction of a wild- flower 9arden on Mill Mountain, and ~directin9 that the matter be readvertised for bids as a phased project. WHEREAS, on January 7, 1974, and after due and proper advertisement had been made therefor, one (1) bid was received and opened by the Council for construc- tion of a wildflower garden on Mill Mountain, which bid was, 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 said bid should be rejected. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the only bid heretofore received by the City on January 7, 1974, for construction of a wildflower garden on Mill Mountain be and the same is hereby REJECTED; the City Clerk to so notify said bidder and to express the City's appreciation of said bid BE IT FURTHER RESOLVED that the City Manager do proceed to readvertise for bids for said matter on a phased project basis, such bids to be received as soon as phased project plans can be formulated and due advertisement made. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of January, 1974. No. 21318. A RESOLUTION authorizing appointment by the Mayor of a Housing Task Force Committee. WHEREAS, the Council has heretofore accepted the proposal of Morton Hoff- man and Company, Incorporated, Urban and Economic Consultants, for conducting a housing study for the City of Roanoke; and the City Manager has advised the Council that a Housing Task Force Committee, to serve in a general advisory capacity to the housing study consultant and the City's Planning Department, would be advantageous in furthering said study. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Mayor be and he is hereby authorized to appoint a special Housing Task Force Commit- tee to be composed of seven (7) citizens of the community, such committee to serve in a general advisory capacity to the City's housing study consultant and to the City's Planning Department, through the completion of said housing study, such com- mittee to further attempt to provide said consultant and department with information regarding housin§ supplies, demands and needs within the City as well as constructio costs, land costs and financing, and such other matters as might aid in expediting completion of said housing study. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of January, 1974. No. 21319. A RESOLUTION rejecting all bids received for furnishing and constructing a prefabricated framing system for the City's Public Works Service Center; and direct- ing that the project be readvertised for new bids. WHEREAS, on October 22, 1973, and after due and proper advertisement had been made therefor, four (4) bids were received and opened by the Council for furnish- ing and constructing a prefabricated framing system for the City's Public Works Ser- vice Center, which bids were, upon reference by the Council, tabulated and studied by a committee appointed by the Council for the purpose; and WHEREAS, the Committee, reporting to the Council, has advised the Council that the City, in inviting bids, notified all bidders of its general specifications and requirements, only, and that the City, in considering proposals made by bidders, would accept that proposal of a structure deemed best to suit the purposes and re- quirements of the City but not, necessarily, the proposal of the lowest bidder; and that, in the opinion of the Committee the roof structure proposed by the apparent low bidder does not meet or amount to nor equal specifications set by the City for the roof of said new building and should be rejected; and that the proposal of the next highest bidder, meeting all said specifications, should be accepted, and that all other said bids be rejected; and WHEREAS, the Council considering all of the aforesaid and considering pre- sentations made by certain of said bidders is of opinion that all such bids received by the City should be rejected and that the City's specifications, on new advertise- ment for bids, should be revised so as to allow for more latitude in the submittal of bids. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the four (4) bids heretofore received by the City on October 22, 1973, for furnishing and constructing a prefabricated framing system for the City's Public Works Service Cen- ter be, and the same are hereby REJECTED; the City Clerk to so notify each said bid- der and to express the City's appreciation for said bids. BE IT FURTHER RESOLVED that the City Manager do proceed, upon revision of the plans and specifications in greater conformity with the views expressed by mem- bers of the Council at the meetings held on the aforesaid matter, to readvertise for bids for said project, such bids to be received on the earliest practicable date. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1974. No. 21321. AN ORDINANCE to amend and reordain Section ~12000, "Schools - Improvements and Betterments," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the ~unicipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =12000, "Schools - Improvements and Betterments," of the 1973-74 Appropriati. Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - IMPROVE~ENTS AND BETTERMENTS =12000 Improvements and Betterments ............... $9,899.35 BE IT FURTHEt~ ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: City Clerk Deputy APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1974. No. 21322. AN ORDINANCE to amend and reordain Section ~21000, "Schools- Manpower Development and Training Act," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. ~n THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio~ =21000, "Schools - Manpower Development and Training Act," of the 1973-74 Appropriatic Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - MANPOWER DEVELOPMENT AND TRAINING ACT ~21000 Personal Services ..................... $1,083.00 Supplies . . 1,183.00 Equipment . ............. 307.00 Operations .............. 366.00 BE IT FURTHER ORDAINE9 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 28th day of January, 1974. No. 21323. AN ORDINANCE to amend and reordain Section ~25000, "Schools - Special Pur- pose Grant," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for' the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared 'to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio ~25000, "Schools - Special Purpose Grant," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS- SPECIAL PURPOSE GRANT ~25000 Special Purpose Grant ................... $1,000.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTE ST: APPROVED Deputy City Clerk Mayor 9'7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1974. No. 21324. A RESOLUTION providin9 for the appointment of three viewers in connection with the application of Roanoke Hospital Association to permanently vacate, discon- tinue and close that certain portion of old Hamilton Terrace, S. E., extendin9 from the present relocated southerly side of Hamilton Terrace, S. E., in a southerly direction to its intersection with the present northerly side of Belleview Avenue, S. E. WHEREAS, it appearin9 to the Council of the City of Roanoke, Virqinia, upon the application of Roanoke Hospital Association that; said applicant did duly and legally post as required by Section 15.1-364 of the Code of Virginia, as amended a notice of its application to the Council of the City of Roanoke, Virginia, to vacate, discontinue and close that certain street located in the City of Roanoke, Virginia, shown on Sheet No. 406 of the Tax Appraisal Map of the City of Roanoke, Virginia, more particularly described as follows, to wit: That certain portion of old Hamilton Terrace, S. E., extendin9 from the present relocated southerly side of Hamilton Terrace, S. E., in a southerly direction to its intersection with the present northerly side of Belleview Avenue, S. E. and that a copy of said notice was posted on the front door of the Courthouse of the Circuit Court for the City of Roanoke, Virginia, (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance) and at 311 Randolph or Second Street, S. E., as provided by law, all of which is verified by an affidavit .appended to the appli- cation addressed to the Council requestin§ that the aforesaid street be permanently vacated, discontinued and closed; and WHEREAS, it appearin9 to the Council that more than ten days have elapsed since the postin9 of said proper legal notice and the Council havin9 considered said application to permanently vacate, discontinue and close the aforesaid street; and WHEREAS, the applicant has requested that three viewers be appointed to view the above described street herein sought to be permanently vacated, discontin- ued and closed and report in writin§ as required by Sec. 15.1-364 of the Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that Messrs. R. Lee Mastin, Fred De Felice and L. Elwood Norris be and they are hereby appointed as viewers to view the aforesaid street and report in writin9 pur- suant to the provisions of Sec. 15.1-364 of the Code of Virginia, as amended, wheth in their opinion any, and, if any, what inconvenience would result from discontinu- in§ the same. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1974. No. 21325. A RESOLUTION providing for the appointment of five persons, any three of whom may act, as viewers in connection with the application of Charlie E. Bane and Phoebe J. Bane, husband and wife, to permanently vacate, discontinue and close a cer- tain unopened and unused alley approximately 12 feet in width and running in a west- erly direction 235 feet, more or less, from the west side of Yeager Avenue, N. E., and lying between the south boundary of Lots 13, 14, 15, 16 and 17, Block 9, Map No. 2, East Gate Addition, and being respectively Official Tax Numbers 3341113, 3341114, 3341115, 3341116 and 3341117, and the north boundary of Lots 7, 8, 9, 10, 11 and 12, Block 9, Map No. 2, East Gate Addition, and being respectively Official Tax Numbers 3341107,, 3341108, 3341109, 3341110, 3341111 and 3341112, as shown on the Official Appraisal Map of the City of Roanoke, Virginia. WHEREAS, it appears from the application of Charlie E. Bane and Phoebe J. Bane, 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 applica- tion for the appointment of viewers to view such alley and report in writing, as requirect by law. THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke, Virginia, that Dewey H. Marshall, J. Tare McBroom, M. Dale Poe, William P. Wallace and Harry W. Whiteside, Jr., any three of whom may act, be and they are hereby appointed as viewers to view the above described alley 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 28th day of January, 1974. No. 21326. A RESOLUTION confirming the City Manager's appointment of John A. Newson as Manager of the Department of Parks and Recreation, in the administrative service of the City of Roanoke. WHEREAS, the Cit'y Manager's appointment hereinafter confirmed was contain- ed in report made this day to the Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows That the said Council doth hereby confirm the City Manager's appointment of John A. Newson as Director of the Department of Parks and Recreation, in the administrative service of the City of Roanoke, effective January 25, 1974, as said appointment was reported to the Council by the City Manager at the Council meeting held on January 28, 1974. ATTEST Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1974. No. 21327. AN ORDINANCE to amend and reordain Section ;t450, "Sewage Treatment Capital Outlay from Revenue," of 'the 1973-74 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 Sec- tion ~*450, "Sewage Treatment Capital Outlay from Revenue," of the 1973-74 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and re- ordained to read as follows, in part: SEWAGE TREATMENT CAPITAL OUTLAY FROM REVENUE =450 Land Acquisition .............................. $10,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor lO0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1974. No. 21328. AN ORDINANCE exercising the right to purchase Lots 5 and lB, Block 5, East- over Place Map in the City of Roanoke, Virginia, adjacent to existing property of the City of Roanoke in the Southeast portion of the City, upon certain terms and provi- sions; providing for notice of the City's exercise of said purchase option; provid- ing 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. WHEREAS, the City of Roanoke, on November 13, 1973, entered into a purchase option agreement with the owner of certain land situate in Block 5 of Eastover Place Subdivision in the City of Roanoke, Virginia, whereby the City was granted the option to purchase said land upon certain terms and provisions hereinafter set forth; and WHEREAS, the City of Roanoke deems it necessary to purchase said land for possible future enlargement of public facilities, and funds sufficient for the pay- ment of the purchase price has heretofore been or are herewith being appropriated by the Council; and WHEREAS, the Real Estate Committee through the City Manager has recommended the purchase of the property hereinafter described, in which recommendation the Council concurs. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City's right to purchase that certain tract or parcel of land situate in Block 5 of Eastover Place Subdivision in the City of Roanoke, Virginia, lying in the Southeast portion of the City and known as Lots 5 and 18, Block 5, Eastover Place Map of record in Deed Book 307, page 107, in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia, and bearing City Tax Appraisal Map Official Nos. 4330705 and 4330718, from Rochelle W. Hayes and Nancy L. Hayes, husband and wife, pursuant to written purchase option agreement dated the 13th day of November, 1973, made by the City with said Parties, be and is hereby exercised, and the City Clerk be and is here. by directed to notify, forthwith, said owner, of the City's aforesaid election, by mailing to it, by certified mail, an attested copy of this ordinance. 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, prepared and approved by the City Attorney and made with General Warranty of Title and Modern English Covenants, the City Auditor be and is hereby authorized and directed to issue and deliver to the City Attorney for delivery to said owner the City's check, payable as follows, viz: To Rochelle W. Hayes and Nancy L. Hayes, husband and wife - $10,600.00, iOi 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1974. No. 21329. AN ORDINANCE to amend and reordain Section ~96, "Transportation," of the 1973-74 Appropriation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Secti. ~96, "Transportation," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSPORTATION ~96 Fees for Professional and Special Services (1) ........................ $88,900.00 (1) Net increase $7,900.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passaqe. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1974. No. 21330. AN ORDINANCE conditionally amending paragraphs (1) and (15) of the contrac 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 months of January and February, 1974; and providing for an emergency. n 102 WHEREAS, it is necessary for the usual and daily operations 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 Rail- way & 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 companies, the sum of $14,000.00 for the period commencing January 1, 1974, and ending January 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, except the duty of the companies or their successors or assigns, to pay to the City any monies due it, shall terminate at midnight, January 31, 1974, provided, however, that the Council hereby commits the City of Roanoke to pay to Roanoke City Lines, Inc., the further sum of $14,000.00 for and following said corporation's operation of the aforesaid bus transportation service for the full , month of February, 1974, together with any such additional amount for the month of February which may be agreed upon by said corporation and by the City, acting by ordinance of its City Council. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect upon its passage, provided, however, that the amendments hereinabove autho- rized 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 Deputy City Clerk Mayor This ordinance is hereby endorsed by Roanoke City Lines, Inc., successor in interest to Roanoke Railway 5 Electric Company and Safety Motor Transit Corporation as evidenc 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 and Electric Compan By President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1974. No. 21331. AN ORDINANCE to amend and reordain Section =45, "Police," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~45, "Police," of the 1973-74 Appropriation Ordinance, be, and the same is here- by, amended and reordained to read as follows, in part: POLICE =45 Overtime (1) .. I ............ $30 000 O0 (1) Net increase $10,000.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1974. No. 21332. AN ORDINANCE to amend and reordain Section =45, "Police," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~45, "Police," of the 1973-74 Appropriation Ordinance, be, and the same is here- by, amended and reordained to read as follows, in part: POLICE ~45 Vehicular Equipment - Replacement (1) ..................... $62,270.50 (1) Net increase $125.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 104 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1974. No. 21333. AN ORDINANCE to amend and reordain Section =45, "Police," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~45, "Police," of the 1973-74 Appropriation Ordinance, be, and the same is hereb amended and reordained to read as follows, in part: POLICE ~45 Vehicular Equipment: .......... Replacement (1) ............................ $91,888.74 (1) Net increase ...... $29,618.24 BE IT FURTHER ORDAINED that, an emergency existinq 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 28th day of January, 1974. No. 21334. AN ORDINANCE to amend and reordain Section ~290, "Water - Distribution and Transmission," and Section ~330, "Water - Terminal Leave," of the 1973-74 Water Fund Appropriation Ordinance, and providing for an emerqency. 'WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio ~290, "Water - Distribution and Transmission," and Section ~330, "Water - Terminal Leave," of the 1973-74 Water Fund Appropriation Ordinance, be, and the same are hereb amended and reordained to read as follows, i.n. part: WATER - DISTRIBUTION AND TRANSMISSION ~290 Personal Services (1) .................... $396,019.00 WATER- TERMINAL LEAVE ~330 Terminal Leave (2) ....................... 7,500.00 (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 Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1974. No. 21335. AN ORDINANCE to amend and reordain Section =91, "Non - Departmental," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~,91, "Non - Departmental," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON- DEPARTMENTAL ~91 Refund Accounts (1) ................. $78,000.00 (1) Net increase $3,000.00 Increase change fund for City Treasurer from $4,00o.00 to $7,00o.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 28th day of January, 1974. No. 21336. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. !©6 THEREFORE, BE IT ORDAINED by the Cou, ncil of the City of Roanoke that Sectio~ ~89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ;;89 Northwest Fire Station ..................... $247,209.00 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 ROA'NOKE, VIRGINIA, The 28th day of January, 1974. No. 21337. A RESOLUTION authorizing and directing the City Manager to execute and file with the Federal Aviation Administration requisite application for Fe'deral Aid under the Federal Airport Act to assist the City in accomplishing certain necessary improve' merits for development of the City"s ~sanoke 'Muni'cipal (Woodrum) Airport, to-wit: construction of a fire and rescue building and reconstruction of the easterly portion of the south ramp at said Airport; and, in so doing, to make certain assurances to the United States. WHEREAS, a committee of the Council and the City Manager have recommended to the Council that authority be given to initiate on behalf of the City, as an air- port development project, a request for Federal Aid to assist the City in the making of certain necessary improvements to Roanoke Municipal (Woodrum) Airport as herein- after described, the total costs of which are estimated to amount to the sum of $477,209.53, of which it is anticipated $168,914.89 would be paid by the City and $308,294.64 would be paid by the Federal government; and WHEREAS, upon consideration of the matter, Council concurs in the aforesaid recommendations, made in writing to the Council under date of January 28, 1974. 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 forthwith cause to be prepared and, thereafter, to execute and file with the Federal Aviation Administra- tion, on behalf of the City, requisite requests for Federal Aid under the Federal Airport Act to assist the City in providing for the following necessary improvements for development of the City's Roanoke Municipal (Woodrum) Airport, namely: Reconstruction of the easterly portion of the south ramp at said airport; and Construction of a fire and rescue building at said airport Estimated total cost $477,209.53 Proposed Federal share- $308,294.64 Proposed City share - $168,914.89 ATTEST: and, in making such application, to assure the Federal Aviation Administration of the City's ability and intent to provide its aforesaid share of the total estimated cost of the above-described improvements and, further, to make all of the assurances to the United States required to be made in the premises by the Federal Airport Act and as contained in the formal Project Application. APPROVED Deputy City Clerk ~Ia yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1974. No. 21338. AN ORDINANCE awarding a contract for painting and related minor repair work of the interior and exterior of a certain 2,000,000 gallon steel storage stand- pipe known as the Carroll Avenue Tank; and providing for an emergency. WHEREAS, the Council is advised that after due and proper advertisement therefor, three (3) bids for the painting and related minor repair work of the in- terior and exterior of the City's 2,000,000 gallon steel storage standpipe were opened and read on January 14, 1974, in the office of the City's Purchasing Agent, which bids were thereafter examined and tabulated by the committee receivin9 the same, and report thereof was made to the City Manager; and WHEREAS, a committee has reported to the Council that after study of the same, it appears that the proposal of Virginia Tank and Steel Service Company, Incor- porated, represents the lowest and best bid made to the City for the work needed to be done, and has recommended that said bid be accepted; and WHEREAS, there has been appropriated by the Council a sum sufficient to pay the cost of the contract hereinafter authorized to be entered into, and for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Virginia Tank and Steel Service Company, Incorporated, of Bluefield, Virginia for furnishing all labor, tools, equipment and materials necessary for painting the interior and exterior of the City's 2,000,000 gallon steel storage standpipe known as the Carroll Avenue Tank for a lump sum of $22,548.13, plus $.65 per rivet head replaced, $5.50 per linear foot of welding, and $.35 per pit repaired by welding, found necessary in the course of said work and ordered performed by the City, as set out in the aforesaid City Manager's report be, and said bid is hereby ACCEPTED; and that the City Manager be, and he is hereby authorized and directed, for and on behal of the City, to execute a requisite contract with the aforesaid bidder in accordance with the terms and conditions of this ordinance, said bidder's proposal and the City's specifications made for said work, said contract to be upon such form as is approved by the City Attorney, and the cost to be paid out of funds heretofore appro- priated by the Council for the purpose. BE IT FURTHER ORDAINED that the other two (2) bids received by the City for the performance of the aforesaid work be, and are hereby REJECTED; the City Clerk to so notify said other bidders, and.to express to each the City's appreciation of receipt of their respective bids. 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 28th day of January, 1974. No. 21339. A RESOLUTION urging support by the City's representatives in the General Assembly for amendment to the Virginia Area Development Act of 1968, as amended, to provide for minimum annual grants from the Commonwealth to the several Planning Dis- trict Commissions of $50,000.00. BE IT RESOLVED by the Council of the City of Roanoke that said Council doth urge the City's representatives in the General Assembly to lend their support to the request of the Fifth Planning District Commission for an amendment.to the funding formula in the Virginia Area Development Act of 1968, as amended, so as to provide fo minimum annual grants of $50,000.00 from the Division of State Planning and Community Affairs of the Commonwealth of Virginia to the several Planning District Commissions throughout the State. BE IT FURTHER RESOLVED that this Council urges the governing bodies of all localities within the Fifth Planning District Commission to adopt similar resolutions in support of the above request. BE IT FINALLY RESOLVED that the City Clerk do transmit certified copies of this resolution to the City's representatives in the General Assembly of Virginia and to the Clerks of all area governing bodies. ATTEST: A P P R O,V E D Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1974. No. 21341. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~89 Jefferson Street Overpass ................. $2,500.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall '.I be in effect from its passage. ATTEST Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2Bth day of January, 1974. No. 21342. A RESOLUTION relating to the HONORABLE STANFORD L. FELLERS, Chief Judge of the Circuit Court of the City of Roanoke and of the Twenty-third Judicial Circui of Virginia. WHEREAS, the Honorable Stanford L. Fellers has made it known that he will retire from fulltime service on the Bench on February 1, 1974, he having been first appointed by the Governor as Judge of the Court of Law and Chancery of the City of Roanoke on December 14, 1944, for an unexpired term and having thereafter been elected by the General Assembly of Virginia for three successive eight-year terms of office, and having, upon transition of said Court into the circuit court system, on July 1, 1973, become the Chief Judge of the Twenty-third Judicial Circuit and of the Circuit Court of the City of Roanoke; and WHEREAS, Judge Fellers, a native and lifelong resident of the Roanoke community and an able and respected practitioner at the Bar at the time of his appointment to the Bench, has so conducted his Court that he has at all times held the respect of those whose cases have been brought before him and the respect and admiration of the members of the practicing Bar, earning, by the soundness of his decisions, recognition as a most able chancellor and a judge amongst jurists. 110 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body conqratulates the HONORABLE STANFORD L. FELLERS upon his outstandin9 service to this community and to the State as a former judge of the Court of Law and Chancery of the City of Roanoke and now a Judge of the Circuit Court of the City of Roanoke; and extends to him its sincere wishes for a Ion§ and happy period followin9 his re- tirement from full-time service as a jurist on February 1, 1974. BE IT FURTHER RESOLVED that the Honorable Roy L. Webber is hereby requested to personally deliver to JUDGE STANFORD L. FELLERS an attested copy of this resolutio~ ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF.THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 1974. No. 21320. AN ORDINANCE permanently vacating, abandonin9 and diseontinuin9 that certai former portion of Colonial Avenue, S. W., now unused, pursuant to the provisions of Section 15.1-364 of the Code of Virginia, of 1950, as amended, which unused street extends in a westerly and southerly direction from its intersection with Hartland Road, S. W., to its terminus at the present location of Colonial Avenue, S. W., said unused street bein9 30 feet wide, more or less; and authorizin9 and providin9 for the City's release and conveyance of certain right, title and interest in the vacated portion of Colonial Avenue, S. W., now unused. WHEREAS, A. T. Loyd has heretofore filed an application before the Council of the City of Roanoke requestin9 the Council to permanently discontinue, and vacate that certain former portion of Colonial Avenue, S. W., now unused, and more fully described in said petition and in this ordinance; and WHEREAS, notices of the intended application were duly posted accordin9 to law at three (3) public places in the City of Roanoke ten (10) days prior to Council's consideration of said application; and WHEREAS, in accordance with the prayer contained in said application, Reso- lution No. 21220 was adopted by the City Council on the 19th day of November, 1973, pursuant to which viewers were appointed to view the said property and to .report in writin9 what inconvenience, if any, would result from permanently vacatin9 and dis- continuin9 that certain former portion of Colonial Avenue, S. W., now unused, herein- after described; and further the said City Council referred the issues raised by the said application to the Plannin9 Commission of the City of Roanoke for the Commission study of said request and a report thereof; and ! ! i WHEREAS, it appears from the report in writing by the viewers filed with the City Clerk, and dated the 4th day of December, I973, together with the Affidavit of said viewers, of even date therewith, that no inconvenience would result, either to any individual or to the public, from permanently vacating, and discontinuing that certain former portion of Colonial Avenue, S W., now unused; to which report ° no exceptions have been filed: and WHEREAS, the City Planning Commission, by letter directed to the Mayor of the City of Roanoke, and the members of City CouneiI dated the 19th day of December, 1973, has recommended to the City Council that the request contained in the appliea- tion aforesaid be granted; and WHEREAS, after newspaper publication as by statute provided, a public hearin9 was held before Council on the 28th day of January, 1974, at which hearing all interested parties and citizens were afforded an opportunity to be heard on the question of the proposed street closing; and WHEREAS, upon consideration of the matter, the Council is of the opinion that no inconvenience will result to any owner or to the public from permanently vacatin9 and discontinuing that certain former portion of Colonial Avenue, S. W., now unused, hereinafter described. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the certain former portion of Colonial Avenue, S. W., now unused, from its intersection with Hartland Road, S. W., to its terminus at the present location of Colonial Ave- hue, S. W., said unused street being 30 feet wide, more or less, which is more par- ticularly described as follows: BEGINNING at a point on the northerly side of Colonial Avenue, S. W. property location, being also the center of the old location of Colonial Avenue, being also corner to property of Annie C. Donahue, formerly L. K. Bullock; thence along the northerly side of present location of Colonial Avenue, with the arc of a circle to the left, whose chord is N. 73° 55' E. 22.54 feet, an arc distance of 22.54 feet to a point; thence with the easterly side of the old location of Colonial Avenue, 15 feet east from the centerline of same, N. 32° 00' E. 106.1 feet to a point; thence with the arc of a circle to the right whose radius is 192.91 feet, whose chord is N. 54° 14' 10" E. 146.00 feet, an arc distance of 149.73 feet to a point; thence still along old Colonial Avenue, 15 feet from the centerline thereof, N. 76° 28' 20" E. 131.52 feet to a point on the westerly side of Hartland Road, S. W.; thence with the westerly side of Hartland Road, N. 39° 06' W. 33.25 feet to a point; thence parallel to and 15 feet from the centerline of old location of Colonial Avenue, S. 76° 28' 20" W. 117.16 feet to a point; thence with the arc of a circle to the left whose radius is 222.91 feet, whose chord is S. 88° 08' 25" W. 90.16 feet, an arc distance of 90.79 feet to a point on the line of Annie C. Donahue property formerly L. K. Bullock property; thence with a curved line to the left whose chord is S. 420 34' 05" W. 81.76 feet, an arc distance of 82.23 feet to a point; thence S. 320 00' W. 158.4 feet to a point on the northerly side of Colonial Avenue, S. W.; thence with the same with a curved line to the left whose chord is N. 72° 18' E. 22.45 feet, an arc distance of 22.45 feet to the place of BEGINNING, as shown on map entitled "Survey for A. T. Loyd, showing location of Old Colonial Avenue bein9 Yacated," made by T. P. Parker and Son, Engineers and Surveyors, dated September 20, 1973. .I...12 h BE, and it hereby is, permanently vacated, discontinued and closed and thatli all right, title and interest of the public to the same be, and it hereby is, release insofar as the Council of the City of Roanoke is empowered so to do, the City of Roa- noke reserving unto itself, however, a perpetual easement for that certain sanitary sewer line or main now located in a portion of said former street, together with the perpetual right to operate, maintain, repair, relay or replace the same, BE IT FURTHER ORDAINED that the Mayor and the City Clerk be and they are hereby authorized and directed for and on behalf of the City of Roanoke to execute, seal and attest, respectively, deeds releasing, quitclaiming and conveying to A. T. Loyd and Annie C. Donahue as their interest may appear, any right, title or interest of the City to that certain former portion of Colonial Avenue, S. W., now unused, as shown on plat entitled "Survey for A. T. Loyd, showing location of Old Colonial Ave- nue, being Vacated," prepared by T. P. Parker 5 Son, Engineers and Surveyors, dated September 20, 1973, said map to be subsequently recorded with the deeds hereinabove referred to. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directe to mark "Permanently Vacated" on that certain former portion of Colonial Avenue, S.W.]i now unused, above described on all maps and plats on file in his office on which the said street is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the City deliver to the Clerk of the Circuit Court for the City of Roanoke, Virginia, a certified copy of this OrdinanCe in order that the Clerk of said Court may make proper notations on all maps or plats recorded in his office upon which are shown the said street, now as provided by law, and that if requested by any party in interest, he may record the same in the deed book in his office indexing the same in the name of the City of Roanoke, Virginia, as grantor and in the name of any party in interest who may request as grantee, all recordings to be at the expense of the party so requesting same. BE IT FURTHER ordained that the Clerk of the City of Roanoke deliver to the Clerk of the Circuit Court for the City of Roanoke, Virginia, the executed deeds hereinabove referred to, so that if requested, any party in interest may record the deeds, all recordings to be at the expense of the party so requesting same. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 1974. No. 21340. ATTEST: AN ORDINANCE dedicatin9 Lot 10, Block 7, accordin9 to the Map of Grandin Court, for public street purposes; and namin9 same a portion of Lofton Road, S. W. WHEREAS, the City heretofore acquired Lot 10, Block 7, accordin9 to the Map of Grandin Court and has since improved said lot by constructinq thereon a publi street from the northeast line of Guilford Avenue, S. W., to the southeast line of an existin9 alley; and WHEREAS, the City Plannin9 Commission, after study of same, has recommende that said new street be named Lofton Road, S. W., the same constitutin9 an extension thereof. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Lot 10, Block 7, accordin9 to .the Map of Grandin Court, heretofore acquired by the City from Lottie F. Stewart, unmarried, by deed dated April 24, 1970, of record in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Deed Book 1274, at page 60, said lot lyin9 on the northeast line of Guilford Avenue, S. W., and to the southwest of an existin9 alley, be and the same is hereby dedicated for public street purposes. BE IT FURTHER ORDAINED that said new street be hereafter known as an ex- tension of Lofton Road, S. W. BE IT FINALLY ORDAINED that the City En§ineer be, and he is hereby directe to cause the above street name to be appropriately noted on all maps and plats lodge in his care; that the City Manager be and he is hereby authorized to cause the place ment of appropriate street name signs on said new street; that the City Clerk trans- mit to the Post Master at Roanoke an attested copy of this ordinance; and that a copy of this ordinance be admitted to record in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. APPROVED Deputy City Clerk Mayor 1!.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 1974. No. 21343. AN ORDINANCE to amend and reordain Section ~549,. "Offender Aid and Restora- tion,'' of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio: =549, "Offender Aid and Restoration," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: OFFENDER AID AND RESTORATION =549 Offender Aid and Restoration ............ $20,228.00 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 4th day of February, 1974. No. 21344. A RESOLUTION authorizing the acceptance, execution and filing of the "Spe- cial Conditions for Action Grant Awards" with the Division of Justice and Crime Pre- vention 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 appli cations 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-A2022 for implementation of a rehabilitation of iai inmates and ex-inmates program subject to 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-A2022 be accepted upon such special conditions aforesaid, in which recommendation 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. 73-A2022 for Federal funds in the amount of $20,228.00 through said Division, to be used, alon9 with cer- tain other local funds and in-kind contributions, to aid in implementation of a re- habilitation of jail inmates and ex-inmates program in the City, estimated to cost approximately $21,680.00; 2. That the said City Manager be and he is further authorized and directe¢ 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 services neces- sary to implement the 9rant 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 9rants of such Federal funds, and to further require a fidelity bond in favor of the said City in the premises; and 3. That the City Manager or his successor in office is further authorized and directed to furnish such additional information as may be required by the Divisi of Justice and Crime Prevention in connection with the City's aforesaid acceptance of said 9rant or with said project. APPROVED ATTE ST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 1974. No. 21345. AN ORDINANCE to amend and reordain Section ;;20, "General District Court," and Section ~547, "Courtroom Memory System," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ;;20, "General District Court," and Section ;;547, "Courtroom Memory System," of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reor- dained to read as follows, in part: GENERAL DISTRICT COURT ;;20 Printing and Office Supplies (1) .......... $7,200.00 COURTROOM MEMORY SYSTEM ;;547 Courtroom Memory System (2) (3) ........... 6,000.00 i t6 (I) Net decrease (2) Net increase ............. (3) Net increase- $ 300.00 300,00 5,7O0.00 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 4th day of February, 1974. No. 21346. A RESOLUTION authorizing the acceptance, execution and filing of the "Speci Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds to provide Courtroom Memory Systems for the Gen- eral District Court 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 appli cations 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-A2044 to provide Courtroom Memory Systems for the General District Court subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and WHEREAS, the City Manager recommends to the Council that Grant No. 73-A2044 be accepted upon such special conditions aforesaid, in which recommendation the Coun- cil 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-A2044 for Federal funds in the amount of $5,700.00 through said Division, to be used, along with cer- tain other local funds and in-kind contributions, to aid in providing Courtroom Mem- ory Systems for the General District Court in the City, estimated to cost approximate. ly $6,000.00; and 2. That the City Manager or his successor in office is further directed to furnish such additional information as may be required by the Division of Justice and Crime Prevention in connection with the City's aforesaid acceptance of said gran or with said project. A TTE ST: ~/'~~ APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 1974. No. 21347. ATTEST: AN ORDINANCE repealing Sec. 17. Metal conduits or raceways, of Chapter 2. Electrical Code, of Title XV. Construction. Alteration and Use of Land. Buildi~q~ and Other Structure~, of the Code of the City of Roanoke, 1950, as amended; and pro- viding for an emergency. WHEREAS, the City Manager has advised the Council that the Roanoke Divisio: Virginia Section, of the Nation of Electrical Contractors has requested the repeal of Sec. 17 of Chapter 2, Title XV, of the City Code, which requires generally the use of approved metal conduit or raceways for all electric light, heat or power wire in or on buildings in the City, and has advised that this matter is sufficiently governed by the National Electrical Code, which has been heretofore adopted by the City and which will be applicable exclusively throughout the State as of September 1, 1974, and has recommended that said Section 17 be repealed, in which recommendati the Council concurs; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 17. Metal conduit~ or ]Ta~eway$, of Chapter 2. Electrical C0~i~, of Title XV. Construc tion. Alteration and Use of Land. Buildings and Other Struct~lreS, of the Code of the City of Roanoke, 1956, as amended, be, and said Sec. 17 is hereby repealed. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED Deputy City Clerk Mayor l! 8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of Eebruary, 1974. No. 21348. A RESOLUTION accepting from the Department of the Navy an indefinite loan to the City of the Ship's Bell and a Builder's Plaque from the cruiser USS ROANOKE (CL 145); and repealing Resolution No. 21260, adopted December 10, 1973. WHEREAS, the Department of the Navy has generously offered to lend, inde- finitel, y, to the City of Roanoke the Ship's Bell and a Builder's Plaque from the cruiser USS ROANOKE which, upon its christening, was named for the City of Roanoke but which vessel, after performing meritorius service in the fleet of the United States Navy, has subsequently been decommissioned, intending that those items be maintained by the City and appropriately displayed; and WHEREAS, this Council, being of opinion that the aforesaid items from USS ROANOKE constitute a valuable and historic addition to the City's present collection of items relating to this City's past history, is desirous of accepting loan of the same, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council doth hereby, for itself and on behalf of the citizens of the City, accept from the Department of the Navy indefinite loan of the Ship's Bell and of a Builder's Plaque from the cruiser USS ROANOKE (CL 145), being Navy Department Curator Accession items numbered 72-204-A and 71-233-A, respectively, to be maintained in good physical condition and displayed with dignity in the City; and.does express deep gratitude to the Department of the Navy for its loan of said items to the City. BE IT FURTHER RESOLVED that the City Manager be and is authorized to execut. on behalf of the City a receipt for the City's custody of said items, agreeing to all of the aforesaid and to annually report to the Curator for the Navy on the condition and location of the items; and to transmit attested copies of this resolution to the Naval Historical Center, at the Washington Navy Yard, to LCDR George Scheufele, Com- manding Officer, Naval Reserve Center, Roanoke, and to Captain Charles D. Fox, III, Commanding Officer, NRSAND. BE IT FINALLY RESOLVED that Resolution No. 21260, adopted by this Council on the lOth day of December, 1973, be and is hereby REPEALED. ATTEST: A P P R 0 V E~D Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 1974. No. 21349. A RESOLUTION acknowledging delivery of a certain option agreement made with the City of Roanoke for the purchase of certain land in the City needed as the site for a new jail. WHEREAS, the City, pursuant to the provisions of Ordinance No. 21166, has entered into negotiations with several landowners, one of which is the Colonial-Am- erican National Bank, Trustee, for the purchase of certain land in the City for a site on which to construct a jail; and WHEREAS, said owner, to who has been offered the sum of $100,000.00, has executed an option dated January 17, 1974, in favor of the City of Roanoke, 9ranting the City the right to purchase four lots and part of another lot for the sum of $110,000.00 within 120 days from and after January 17, 1974, which offer Council desires to take under consideration. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it hereby acknowledges delivery of that certain purchase option agreement dated Januar 17, 1974, by the Colonial-American National Bank, Trustee, under the will of E. A. Thurman, deceased, to the City of Roanoke for the purchase of certain land more particularly described in said agreement, which offer is taken under consideration by the Council; and does direct the City Attorney to cause said option agreement to be recorded in the Clerk's Office of the Circuit Court of the City of Roanoke. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 1974. No. 21350. A RESOLUTION rejecting all bids received for furnishing and delivering microfilming equipment for the Police Department, and directing that the matter be readvertised for bids. WHEREAS, on December 19, 1973, and after due and proper advertisement had been made therefor, two (2) bids were received and opened by a committee appointed by the Council for the purpose, such bids being for the furnishing and delivering oi microfilming equipment for the Police Department, which bids were, thereafter, tab- ulated and reported by said committee to the Council, after which the Council, upon mature consideration, concluded that all such bids should be rejected. 120 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that all bids heretofore received by the City on December 19, 1973, for the furnishinq and de- liverinq of microfilminq equipment for the Police Department, be and the same are hereby REJECTED; the City Clerk to so notify all said bidders and to express to each the City's appreciation of said bids. BE IT FURTHER RESOLVED that the City Manaqer do proceed to readvertise for bids for said equipment in accordance with his report made to the Council under date of January 30, 1974. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 1974. No. 21351. AN ORDINANCE to amend and reordain Section ~58, "Street Construction and Repair," of the 1973-74 Appropriation Ordinance, and providin9 for an emeroency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Seetio ~58, "Street Construction and Repair," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: STREET CONSTRUCTION AND REPAIR =58 Operational and Construction Equipment- New (1) .......................... $712.00 (1) Net increase $712.00 BE IT FURTHER ORDAINED that, an emergency existin9 this Ordinance shall be in effect from its passage. ATTEST: A P P R 0 V'E D Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 1974. No. 21352. AN ORDINANCE accepting a proposal for furnishing and delivering one new track-type tractor, one new track-type loader, and one new rubber-tired loader, upon certain terms and conditions by accepting a certain bid made to the City there- for; and providing for an emergency. WHEREAS, on January 16, 1974, and after due and proper advertisement had been made therefor, one (1) bid for the sale to the City of the equipment hereinafte 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 recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the Committee's report, has trans. mitted the same to the Council, recommending award of the contract as hereinafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the best and only bid fully meeting the City's specification therefor, made to the City for the supply of said equipment and that funds sufficien to pay for the purchase price of said equipment have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the bid of Carter Machinery Company, Inc., made to the City offering to furnish and deliver to the City, on a guaranteed maximum total cost basis one (1) new Caterpillar D-6C track-type tractor, fully meeting all of the City specifications and requirements made therefor, for a purchase price of $48,628.00, cash, with a written guarantee to the City that the repair cost of said tractor over a period of five years or 7,500 hours, whichever occurs first, shall not exceed the sum of $15,500.00, and with a further written guarantee that said bidder will later, at the end of a five-year period offer to the City a repurchase price of $19,153.00 for said tractor, be, and said bid is hereby ACCEPTED; and 2. That the bid of Carter Machinery Company, Inc., made to the City, offering to furnish and deliver to the City, on a guaranteed maximum total cost basis one (1) new Caterpillar 941B track-type loader, fully meeting all of the City' specifications and requirements made therefor, for a purchase price of $26,415.00, cash, with a written guarantee that the repair cost of said track-type loader over a period of five years or 7,500 h'ours, whichever occurs first, shall not exceed the sum of $11,200.00, and with a further written guarantee that said bidder will later, at the end of a five-year period offer to the City a repurchase price of $10,400.00 for said crawler loader, be, and said bid is hereby ACCEPTED; and !22 3. That the bid of Carter Machinery Company, Inc., made to the City offering to furnish and deliver to the City, on a guaranteed maximum total cost basis one (1) Caterpillar 920 rubber-tired loader, fully meeting all of the City's specifications and requirements made therefor, for a purchase'price of $25,239.00, cash, with a written guarantee that the repair cost of said rubber-tired loader over a period of five years or 7,500 hours, whichever occurs first, shall not exceed the sum of $7,500.00, and with a further written guarantee that said bidder will later, at the end of a five-year period offer to the City a repurchase price of $10,000.00 for said rubber-tired loader, be, and said bid is hereby ACCEPTED; and 4. The City Manager be, and he is hereby authorized and directed to enter into a requisite written contract to be approved by the City Attorney and to contain all the requirements, specifications and provisions made of said bidder for the suppll of the aforesaid equipment, said bidder's proposal and the terms and provisions of this ordinance; and upon delivery to the City of all of the aforesaid new equipment and written guarantees and upon said City's acceptance of the same, the City Auditor shall be, and he is hereby authorized and directed to make requisite payment to said bidder of the purchase prices, aforesaid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall 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 llth day of February, 1974. No. 21353. AN ORDINANCE to amend and reordain Section ~26, "Jail," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio ~26, "Jail," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JAIL ~26 Food Supplies (1) .............................. $66,000.00 (1) Net increase ....... $18,000.00 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 llth day of February, 1974. No. 21354. A RESOLUTION authorizing and directing application to be made to the Vir- ginia State Water Control Board and the Federal Water Pollution Control Administra- tion for a grant to the City under the Federal Water Pollution Control Act for aid to design and construct replacement Sanitary Sewer Interceptors along Trout Run and Norfolk Avenue to Downtown Roanoke, and thence to Tinker Creek, State Water Control Board Project Nos. C-51049303 and C-51050502. WHEREAS, the City, in order to comply with Federal and State water quality standards and to provide improved sanitary sewerage facilities, desires to design and construct replacement Sanitary Sewer Interceptors along Trout Run and Norfolk Avenue to Downtown Roanoke, and thence to Tinker Creek, the total cost of which projects is presently estimated to amount to approximately $1,500,000.00; and WHEREAS, the City needing, in addition to the local funds available for the aforesaid purpose, other funds or grants in aid which may be used for purposes of water pollution control, is advised that application may be made for grant of State and Federal funds to assist in accomplishing such needed improvements; and WHEREAS, this C,ouncil, considering the aforesaid sewerage facilities to be essential to the needs of the City, desires to obtain such financial aid as may be available to the City in order that said improvements may be constructed and placed in operation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Byron E. Haner, City Manager, be, and he is hereby authorized and directed to make applica~ tion on behalf of the City to the State Water Control Board and the Federal Water Pollution Control Administration for grants to the City of $1,275,000.00 of State and Federal funds to aid the City in the design and construction of replacement Sanitary Sewer Interceptors along Trout Run and Norfolk Avenue to Downtown Roanoke, and thence to Tinker Creek, and, in so doing, said City Manager is authorized to execute in the name of the City of Roanoke requisite application forms a.nd to make the assurance that the City will pay the remaining cost of the project so approved and will provide, after completion of the aforesaid project, proper and efficient operation and maintenance of said Sanitary Sewer Interceptors; and to execute, fur- ther, the compliance report for Title 6 of the Civil Rights Act of 1964, on Form FWPCA-T128 (8-67) and the assurance of compliance with respect to Title 6 of the Civil Rights Act of 1964 as it applies to the grant from the Environmental Protectio Agency on DI Form 1350. ATTE ST: APPROVED Deputy City Clerk Mayor 124 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of February, 1974. No. 21355. A RESOLUTION authorizing and concurring in the development of programs of outreach detention and of regional transportation by the Roanoke Juvenile Detention Home; authorizing and concurring in the filing of an application for a Law Enforce- ment Administrative Assistance Grant for said programs; and inviting neighboring politi- cal subdivisions to join the city in supporting and financing said. programs. WHEREAS, by report dated February 11, 1974, detailing the estimated cost of an outreach detention program and a regional transportation program, the City Manager has recommended to the Council that such programs be developed as additional services provided by the Roanoke Juvenile Detention Home; that he be authorized to file an application for a Law Enforcement Administration Assistance Grant to partiall~ fund both programs; and that the counties of Alleghany, Bath, Botetourt, Craig and Roanoke, and the cities of Clifton Forge, Covington and Salem be invited to support said programs and to indicate their willingness to enter into negotiations with the City for the purpose of reaching agreements to provide for payment by said other political subdivisions of a per diem cost of said programs, in which recommendations the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager and other proper officials of the City be and they are hereby authorized and directed to develop a program of outreach detention an, a program of regional transportation as additional services to be provided by the Roanoke Juvenile Detention Home; 2. That the City Manager be and he hereby is authorized and directed to file with the Division of Justice and Crime Prevention an application for a grant of funds from said Division pursuant to the Law Enforcement Assistance Act to partially defray the cost of said programs; 3. That the City Manager and other proper officials of the City be and they are hereby authorized and directed to invite the counties of Alleghany, Bath, Botetourt, Craig and Roanoke, and the cities of Clifton Forge, Covington and Salem to support said programs and to further enter into negotiations with said political subdivisions to formulate contracts, approved as to form by the City Attorney, .pro- viding for said other political subdivisions to share in the cost of such programs on a per diem basis; and 4. That the City Clerk be and she is hereby directed to transmit attested copies of this resolution to the governing bodies of each of the political subdivisio ~s hereinabove mentioned. APPROVED ATTE ST:~/~5~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of February, 1974. No. 21356. ATTEST: AN ORDINANCE providing for the dedication of certain land for public stree purposes out of Lot 20, Block 10, as shown on the Map of East Gate Addition to the City of Roanoke, Official No. 3341219, under provisions of the City's Land Subdivi- sion Ordinance; and providing for an emergency. WHEREAS, the City of Roanoke, owning the fee simple title to a lot of land situate on the northwest corner of the intersection of Varnell Avenue, N. E., and 20th Street, N. E., as hereinafter more particularly described, has heretofore utilized the northeasterly 5 feet and the southeasterly 5 feet of said lot for widen. ing and improving said street intersection and the streets upon which said lot abuts; and WHEREAS, the City Manager has recommended to the Council that the followin. proceedings be authorized and directed to be taken pursuant to the provisions and regulations contained in the City's Land Subdivision Ordinance, as has also been recommended by the City Engineer and the Planning Department; 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 proper City officials be and they are hereby authorized and directed to accomplish the City's dedication of approximately 1273 square feet of land out of Lot 20, Block 10, according to the Map of the East Gate Addition to the City of Roanoke, Official No. 3441219, so as to provide for a 50-foot wide right-of-way for Varnell Avenue, N. E., and for a 50-foot wide right-of-way for 20th Street, N. E., as the aforesaid lot abuts those streets, and for a rounding of the northwest corner of said street intersection, all as indicated and shown on Plan No. 5385 dated April 3, 1973, revised January 29, 1974, prepared in the Office of the City Engineer, by recordatio of a new plat of subdivision under the provisions of the City's Land Subdivision Ordinance, said plat or certificate of dedication to be signed on behalf of the City as owner, by the City Manager, and sealed and attested by the City Clerk, upon its approval by the City Attorney and by other agents and officials whose approval is required under said ordinance. BE IT FURTHER ORDAINED that an emergency,exists and 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 llth day of February, 1974. No. 21357. AN ORDINANCE providing for furnishing the City twenty-four (24) new 1974 model automobiles for use by the Police Department, by accepting a certain proposal made therefor; and providing for an emergency. WHEREAS, on January 16, 1974, and after due and proper advertisement had been made therefor, five (5) bids for the sale to the City of twenty-four (24) new 1974 model police automobiles 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 recommendation to the Council; and WHEREAS, the City Manager, concurring in the committee's report, has trans- mitted the same to the Council, recommending award of the contract as hereinafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said equipment and that funds sufficient to pay for the purchase price of said equip- ment have been or are being contemporaneously appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of Antrim Motors, Inc., to furnish and deliver to the City twenty-.four (24) new 1974 model Dodge Coronet Police automobiles for a gross price of $86,418.24, to be paid by the City to said Antrim Motors, Inc., upon delivery of the vehicles f.o.b. Roanoke, in accordance with the City's specifications and requirements made therefor and with said bidder's written proposal, as qualified, and made to the City, be, and said proposal is hereby ACCEPTED; and the City Purchasing Agent be, and he is hereby authorized and directed, for and on behalf of the City, to issue appropriate purchase orders to said bidder in accordance herewith. BE IT FURTHER ORDAINED that the other bids made to the City for the supply of said vehicles be and are hereby REJECTED, the City Clerk to so notify each said other bidder and to express to each the City's appreciation for said bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED Deputy City Clerk Mayor 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of February, 1974. No. 21358. A RESOLUTION rejecting all bids received for furnishing one utility-type vehicle for use by the Police Department's K-9 Program; and directing that the matter be readvertised for new bids. WHEREAS, on January 16, 1974, and after due and proper advertisement had been made therefor, three (3) bids for the sale to the City of one utility-type vehicle for use in the Police Department's K-9 Program were opened in the office of the City's Purchasin§ Agent by three members of a committee appointed for the pur- pose, and thereafter was tabulated and studied by the committee which has made writ- ten report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, failing to concur in the committee's report, has recommended to the Council that all bids be rejected, for the reasons stated in said City Manager's report dated February 11, 1974, and that the committee review the specifications for said vehicle, and thereafter cause the matter to be readver- tised, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the three (3) bids heretofore received by the City on January 16, 1974, for furnishing one utility-type vehicle for use in the Police Department's K-9 Program be, and the same are hereby REJECTED; the City Clerk to so notify each said bidder and to expres the City's appreciation for said bids. BE IT FURTHER RESOLVED that the City Manager do proceed, upon review and possible revision of the plans and specifications, to readvertise for bids for said vehicle, such bids to be received on the earliest practicable date. APPROVED ATTEST Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of February, 1974. No. 21359. A RESOLUTION approving the location and design of certain improvements to the intersection of State Route 118 and Williamson Road, in the City, proposed as State Highway Project 0118-128-101, C-501. 128 WHEREAS, a public hearing was conducted on January 23, 1974, in the City by a representative of the Commonwealth of Virginia, Department of Highways, after due and proper notice, for the purpose of considering the proposed location and design of the intersection of State Route 118 and Williamson Road, in the City, at which hearinc maps, drawings and other pertinent information were made available for public inspec- tion and Relocation Assistance Programs and tentative schedules for right-of-way acquisition and construction were discussed and presented; and all persons and partie in attendance were afforded full opportunity to participate in said public hearing, representatives of the City being present and participating in said hearing; and WHEREAS, this Council, considering all such matters, is of opinion to give the approval hereinafter contained. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth approve the location and design of the improvements proposed to be made to the intersection of State Route 118 and Williamson Road, in the City of Roanoke, as the location and design of said street intersection are shown on the plans prepare( by the Virginia Department of Highways as State Highway Project 0118-128-101, C-501. BE IT FURTHER RESOLVED that the City Manager do promptly transmit attested copies of this resolution to the State Highway C'ommission of Virginia, through offici channels of the Virginia Department of Highways. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of February, 1974. No. 21360. AN ORDINANCE fixing the amounts of monthly rentals to be paid to the City by the tenants of certain stalls at the City Market Building; and providing for an emergency. WHEREAS, by Ordinance No. 19757, adopted July 6, 1971, the City Manager was authorized to and did thereafter negotiate and execute leases with certain indi- vidual month-to-month tenants of certain sta'lls in the City Market Building for terms not exceeding two years, which leases contained provision for optional renewal for an additional term of two years at the expiration of the original term by the tenants, provided that the monthly rentals during such extended term be fixed and approved by the Council; and WHEREAS, the City Manager has advised the Council that the hereinafter- named tenants have indicated their desire to continue to occupy the stalls for extend¢ terms of two years, effective December 1, 1973, upon the same monthly rentals as in the former leases, and has recommended that the Council concur in the continuance of said former rental rates, in which recommendation the Council concurs; and d 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 this Council doth hereby fix and approve the following monthly rentals to be paid to the City for use of the following stalls at the City Market Building, by the following tenants thereof, such rates to be effective retroactive to December 1, 1973, and to remain in effect through November 30, 1975, being the extended terms of certain leases heretofore negotiated and executed by the City and said tenants, viz.: Tenant Russell O. Hannabass t/a Mason and Hannabass Clarence E. Hundley, Sr. F. P. Murray, Incorporated Stall Nog, Total Monthly Rental 6, 8 and 10 $360.00 4 $120.00 1, 3 and 5 $360.00 ATTEST: 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 llth day of February, 1974. No. 21361. A RESOLUTION approving the location and design for the new Jefferson Street Bridge over the Norfolk and Western Railway Company tracks and Roanoke River, in the City, State Highway Project No. U000-128-106, PE-101, RW-201, C-501, B-606, Federal Project T-5501(8)' with certain additional recommendations regarding changes in the project to better accomodate pedestrian traffic. WHEREAS, a public hearing was conducted on December 12, 1973, in the City by representatives of the Commonwealth of Virginia, Department of Highways, after due and proper notice, for the purpose of considering the proposed location and design for the new Jefferson Street Bridge over the Norfolk and Western Railway Com- pany tracks and Roanoke River, in the City, State Highway Project U000-128-106, PE-iO1, RW-201, C-501, B-606, Federal Project T-5501(8), at which hearing maps, drawings and other pertinent information were made available for public inspection and Relocation Assistance Programs and tentative schedules for right-of-way acquisi- tion and construction were discussed and presented; and all persons and parties in attendance were afforded full opportunity to participate in said public hearing, representative of the City being present and participating in said hearing; and WHEREAS, at said public hearing considerable comment was made concerning the proposed construction of a sidewalk on both sides of said proposed new bridge, a pedestrian study theretofore made supporting the fact that there exists a consider- able amount of pedestrian traffic between Roanoke Memorial Hospital and its Family Service Clinic; and WHEREAS, subsequent evaluations of pedestrian traffic in this area were made following which a joint meeting was held with representatives of the Virginia Department of Highways, the Federal Highway Administration and the City which result- ed in recommended approval of the design and location of said project as hereinafter recommended to be modified; and WHEREAS, this Council, considering all such matters, is of opinion to give the approval hereinafter contained. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth approve the location and design of the improvements proposed to be made for the South Jefferson Street Bridge over the Norfolk and Western Railway Company tracks and Roanoke River, in the City of Roanoke, as the location and design of said bridge and approaches are shown on the plans prepared by the Virginia Department of Highways as State Highway Project No. U000-128-106, PE-iO1, RW-201, C-501, B-606, Federal Project T-5501(8), with the following recommended modifications to said plans heretofore prepared by the Virginia Department of Highways, viz.: (1) That the new bridge structure and approaches be designed for the exclusive use of vehicular traffic over the railroad tracks and river; (2) That a separate pedestrian bridge be constructed over Roanoke River, at the same approximate location as the existing bridge over said river, at Project cost to be participated in 85 per cent State and Federal governments and 15 per cent by the City; with those utility companies which desire to attach their facilities to the pedestrian structure to share in the design and construction costs in proportion to the requirements of their facilities as compared to the requirements of a pedestrian bridge only; and (3) That said pedestrian bridge be designed to extend over Wiley Drive as it is proposed to be relocated, if feasible. BE IT FURTHER RESOLVED that the City Manager do promptly transmit attested copies of this resolution to the State Highway Commission of Virginia, through offi- cial channels of the Virginia Department of Highways, and to appropriate representa- tives of the Federal Highway Administration. APPROVED ATTE ST: ~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of February, 1974. No. 21362. AN ORDINANCE amending and reordainin9 Sec. 20. Proration, of Article I, Chapter 8, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended making provision for the proration of certain license taxes imposed in said Chapter and the circumstances under and the time within which proration may be made; and providing for an emergency. WHEREAS, a committee appointed by the Council to consider certain changes suggested by the Council in the provfsions contained in the License Tax Code of the City of Roanoke, 1956, as amended, as relate to proration and refund of certain license taxes imposed upon certain businesses, trades and occupations which, subse- quent to the issuance of such licenses discontinue the business so licensed, has made its report to the Council under date of February 11, 1974, in the recommenda- tions of which committee the Council concurs; and WHEREAS, for the usual daily operation of the municipal government, an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 20, of Article I, Chapter 8, Title VI. Taxation, of the Code of the City of Roanoke 1956, as amended, be and said section is hereby amended and reordained to read and provide as follows: Sec. 20. Proration. Unless otherwise expressly provided in this chapter, all licenses shall be deemed to be issued for the current tax year, that is, from January first through December thirty-first, next following, and no license tax imposed by this chapter or by any subsequent amendment hereto, shall, upon issuance, be subject to proration for any portion of a license year unless it be herein provided to the contrary or unless such proration be required of localities by the general law. When, subsequent to the issuance of any license imposed by this chapter, the tax on which is measured by gross receipts, purchases, sales or any other basis set out and provided for in section 10 of this chapter, the business, trade, profession, pursuit, vocation or calling so licensed is permanently, for any reason, discontinued and ceases, upon surrender of the license so issued and upon timely written application made therefor the amount of the license tax assessed on such licenses shall be apportioned and prorated by the Commissioner on an annual basis as of the date upon which such business permanently ceased or discontinued, and that part of the license tax apportioned to the part of the year following such discontinuance or cessation shall be abated and, if theretofore paid.to the City, shall be refunded to the licensee or other party entitled thereto, provided: (1) That the licensee, his authorized agent or representative, shall have surrendered to the Commissioner the business license theretofore issued and applicable to the location, business, trade, occupation, profession, pursuit or calling so discontinued; 132 (2) That written application by or on behalf of the licensee be made to the Commissioner no later than the thirty-first day of January of the year next following the tax year for which any such license was issued, on forms prescribed by the City Auditor; (3) That the licensee, his authorized agent or representative affirms, under oath, that the business, trade, occupation, profession, pursuit or calling shall not be prosecuted again during the then current tax year in any manner whatsoever, whether as a new business or as an outgrowth or continuation of such business under a new name or as a result of corporate, partnership or other type of reorganization at the same location, or at a new location; and (4) No refund or any part of a license tax previously assessed shall be made under this section if, upon such proration, less than $10.00 of such license tax would be subject to abatement. Proration of license taxes as provided in this section shall be computed by the Commissioner according to the ratio~which the number of months, or parts thereof, such business, trade, occupation, profession, or calling was not prosecuted during the current tax year bears to twelve months. Nothing contained in this section shall be deemed to amend, modify or repeal any provision contained in Ordinance No. 14293 regulating and requiring special license for the privilege of conducting "Fire and Altered Good Sales" and "Going Out of Business Sales" as defined in said ordinance. The provisions of this section providing for the proration, abatement and refund of certain license taxes assessed under the provisions of this chapter shall nOt apply to any license tax assessed for any license tax year prior to Jan- uary 1, 1973. 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 llth day of February, 1974. No. 21363. A RESOLUTION rejecting a bid received for the grading to cover the box culvert in Washington Park and raising the existing manholes at the same location, and directing that the project be readvertised for new bids. WHEREAS, and after due and proper advertisement had been made therefor, one (1) bid for the grading to cover the box culvert in Washington Park and raising the existing manholes at the same location was opened and read before the Council at its meeting held on January 28, 1974, which bid was thereafter referred to a committee 133 appointed for the purpose to be studied with report thereon made back to the Counci and, said committee has made written report and recommendation to the Council, advisin9 that the bid far exceeds the estimate and available funds for this project and should be rejected, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the bid heretofore received by the City on January 28, I974, for grading to cover the box culvert in Washington Park and raising the existing manholes at the same loca- tion, be and the same is hereby REJECTED; the City Clerk to so notify the bidder and to express the City's appreciation of said bid. BE IT FURTHER RESOLVED that the City Manager be and is hereby directed to readvertise the project for bids at a later date. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of February, 1974. No. 21364. AN ORDINANCE accepting the proposal of H. ~ S. Construction Company for the construction 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; and providing for an emergency. WHEREAS, at the meeting of the Council held on January 28, 1974, and afte due and proper advertisement had been made therefor, one bid, the bid hereinafter accepted, for furnishing all tools, machines, labor and materials for the construc- tion of concrete curb, gutter and sidewalk at various locations throughout the City was opened and read before the Council, whereupon said bid was referred to a commit. tee appointed by the Council to study the same and to make report and recommendatio thereon to the Council; and WHEREAS, said committee has reported to the Council in writing its tabula. tion and recommendation on said bid, from which it appears to the Council that the proposal of H. ~ S. Construction Company represents the best and only bid made to the City for the performance of said work, and should be accepted in the amounts hereinafter set out; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows (1) That the proposal of H. g S. Construction Company based on unit prices, said bidder having agreed to an increase in quantities of work and material 134 ' ATTEST: to be furnished under the hereinafter described contract, for the installation of concrete curb, gutter and sidewalk at various locations, as described in the City's plans and specifications, for a lump sum of $24,800.00, cash, upon satisfactory com- pletion of said work, be, and said proposal is hereby ACCEPTED; (2) That the proposal of H. g S. Construction Company based on unit prices said bidder having agreed to an increase in quantities of work.and materials to be furnished under the hereinafter described contract, for the replacement of concrete curb, gutter and sidewalks at various locations, as described in the City's plans and specifications, for a lump sum of $49,600.00, cash, upon satisfactory completion of said work, be and said proposal is hereby ACCEPTED; and (3) That the City Manager and the City Clerk be, and they are hereby autho rized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with the aforesaid H. g S. Construction Company, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for said work; said contract to be upon such form as is approved by the City Attorney, and the cost of the work, when completed, to be paid 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 $74,400.00. 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 llth day of February, 1974. No. 21365. AN ORDINANCE acceptinq the proposal of Frye Building Company for certain improvements at the Falling Creek Filter Plant; authorizing the proper City official to execute the requisite contract; and providing for an emergency. WHEREAS, on January 21, 1974, and after due and proper advertisement had been made therefor, three (3) bids for the improvements hereinafter mentioned were opened before the Council and referred to a committee to be tabulated and studied with report thereon to be made to the Council. WHEREAS, said Committee has reported to the Council, under date of February 11, 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 that funds suffi- cient to pay for the same have been appropriated for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows (1) That the proposal of Frye Building Company for certain improvements, namely, guniting and covering the finish water reservoir at the Falling Creek Filter Plant, as described in the City's Plans and specifications made therefor, for a lump sum of $19,371.00, cash, upon satisfactory completion of said work, be, and sai, proposal is hereby ACCEPTED; and (2) That the City Manager and the City Clerk be, and they are hereby auth,- rized and directed, for and on behalf of the City, to execute and to seal and attest respectively, the requisite contract with the said Frye Buildin9 Company, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specification made for said work; said contract to be upon such form as is approved by the City Attorney, and the cost of the work when com- pleted 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: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of February, 1974. No. 21366. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND Box Culvert to Enclose Trout Run ............................... $9,553.11 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor 136 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of February, 1974. No. 21367. AN ORDINANCE providing for the construction of a single 4-foot by 13-foot box culvert to enclose Trout Run near Moorman Road and Ninth Street, N. W., upon certain terms and conditions, by accepting a certain bid made to the City; rejecting certain other bids; and providing for an emergency. WHEREAS, at the meeting of the Council held on January 21, 1974, certain bids made to the City, after due and proper advertisement therefor, for the construct of a single 4-foot by 13-foot box culvert to enclose Trout Run near Moorman Road and Ninth Street, N. W., were opened and read before the Council and, thereafter, were referred to a committee to be studied and tabulated; and WHEREAS, the aforesaid committee, in report made to the Council dated Feb- ruary 11, 1974, has advised that the bid made by J. P. Turner and Brothers, Inc., is the lowest and best bid received for the performance of said work, and should be accepted, in which recommendation the Council concurs; and WHEREAS, there has been or is contemporaneously being appropriated a sum sufficient to pay the estimated cost of the aforesaid improvement and, for the immed- iate preservation of the public safety and for the usual daily operation of the muni- cipal government, an emergency is hereby declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of J. P. Turner and Brothers, Inc., for furnishing all necessary tools, labor and materials for constructing a single 4-foot by 13-foot box culvert to enclose Trout Run near Moorman Road and Ninth Street, N. W., in full accordance with the City's plans and specifications made therefor, for a sum not to exceed $29,495.70, cash, based upon unit prices, be and said proposal is hereby ACCEPTED; and the City Manager be, and is hereby authorized and directed to enter into contract on behalf of the City with the aforesaid bidder providing for the construction of said improve- ment, such contract to incorporate the terms of said bidder's proposal, the City's plans and specifications for said work and the terms of this ordinance, such contract to be upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that the other bids made to the City for the perform- ance of the aforesaid work be, and said bids are hereby REJECTED, the City Clerk to so notify each other bidder and to express to each said bidder the City's appreciatio] for the interest displayed in making such bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: Deputy City Clerk A P P' R 0 V'E' D' ~ Mayor on IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of February, 1974. No. 21368. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~89 Springhill Drive, N. W., Storm Drain ............................... $13,126.58 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of February, 1974. No. 21369. AN ORDINANCE accepting a bid and awarding a contract for the construction of the Springhill Drive storm drain, from Cove Road, N. W., to Fairland Lake, upon certain terms and conditions; rejecting certain other bids made therefor; and pro- viding for an emergency. WHEREAS, at the meeting of the Council held on January 21, 1974, and after due and proper public advertisement had been made therefor, three (3) bids made to the City for constructing the Springhill Drive storm drain from Cove Road, N. W., to Fairland Lake 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 Februar 11, 1974, its tabulation and report of said bids, from which it appears that the bid hereinafter accepted represents the best bid made to the City, meeting all the City's specifications for said work, and should be accepted; and !38 WHEREAS, funds have been or are being appropriated by the Council sufficien to pay the cost of the contract hereinafter authorized to be entered into and, for th 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 Woods Plumbing and Heating, Incorporated, for furnish- ing all tools, labor, machinery and materials necessary to construct the Springhill Drive storm drain from Cove Road, N. W., to Fairland Lake in full accordance with Proposal I of the City's specifications made for said work, and with said bidder's proposal, for the sum of $23,352.00, be, and said bid is hereby ACCEPTED; and 2. That the other bids made to the City for the aforesaid work be, and the said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation for said bids; and 3. That the City Manager and the City Clerk be, and they are hereby autho- rized and directed to enter into a written contract on behalf of the City with the aforesaid successful bidder for the construction of the storm drain 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 satisfactory performance of said work accepted by the City as meeting all said specifications, the City Auditor shall be, and is hereby authorized to make payment to said contractor in accordance with the provision of this ordinance and said contract, charging said payment to appropriations hereto- fore or contemporaneously made by the City for said work. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 1974. No. 21370. A RESOLUTION relating to the HONORABLE ROY R. POLLARD, SR. WHEREAS, the members of this Council have learned, with sorrow, of the passing, on February 12, 1974, of Roy R. Pollard, Sr., a former member of this Body and a long-time resident of the City of Roanoke; and WHEREAS, el. ected for two consecutive terms of office as a member of the City Council, he served in that capacity as a dedicated public official, exemplifying in his actions on .the Council attributes of competence, fairness and loyalty to the best interests of the City and its inhabitants and gaining, by his calmness, dependa- bility and consistency of purpose, a stature of high respect not only in the City of his residence but throughout the State; and ATTEST: WHEREAS, amongst the numerous public improvements which, in some measure, bear lasting memorial to his efforts in acquiring are the City's airport, its civic center, its educational television facilities and numerous of its major streets and highways, to the planning for each of which and numerous other capital improvements he gave unstintingly of his time and ability; and WHEREAS, this Council desires to take special note of his passing and to pay respect to the memory of this former resident and Councilman. THEREFORE, BE IT RESOLVED by the members of the Council of the City of Roanoke that they do, by this measure, record their deep regret at the passing of thc late HONORABLE ROY R. POLLARD, SR., a former member of this Council; and they e~tend to Mrs. Virginia Rolley Pollard, his widow, and to their sons, the sympathy of this Body and that of the other residents of the City of Roanoke whom he long and faith- fully served. BE IT FURTHER RESOLVED that an attested copy of this resolution be trans- mitted to Mrs. Pollard by the City Clerk. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 1974. No. 21371. AN ORDINANCE to amend and reordain Section ~22000, "Schools- Second Step P. L. 89-10, Title I," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to ezist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =22000, "Schools - Second Step P. L. 89-10, Title I," of the 1973-74 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follow~ in part: SCHOOLS - SECOND STEP P. L. 89-10, TITLE I SECTION ~22000 Personal Services ................... $21,200.00 Supplies ............................ 33,250.00 Fixed Charges ....................... 2,400.00 Community Services .................. 500.00 Capital Outlay ...................... 6,000.00 BE IT FURTHER ORDAINED that, an emergency e~istin9 this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 140 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lqth day of February, 1974. No. 21372. AN ORDINANCE to amend and reordain Section ~90, "Sewage Treatment Fund," of the 1973-74 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 Sectio ~90, "Sewage Treatment Fund," of the 1973-74 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND ~90 Maintenance of Machinery and Equipment (1) ......................... $38,500.00 (1) Net increase ---$12,500.00 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 lqth day of February, 1974. No. 21373. AN ORDINANCE to amend and reordain Section ~7, "Assessment of Real Estate," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio ;*7, "Assessment of Real Estate," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ASSESSMENT OF REAL ESTATE' =7 ' ' ' Printing and Office SuPplieS ('1) ' '. .......... $3,400.00 (1) Net increase ....... -$1,600.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor '!41 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 1974. No. 21376. AN ORDINANCE to amend and reordain Sec. 4. Same--Duties generally, of Chapter 9. Civic Center Department, of Title VIII. Public Buildings and Property, of the Code of the City of Roanoke, 1956, as amended; and providing for an emergenc~ WHEREAS, the City Auditor has advised the Council that, for the proper administration and operation of the Civic Center Department, the following amendment to Sec. 4. Same--Duties generally, of Chapter 9, Title VIII, of the City Code is necessary, in which recommendation the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 4. Same--Duties qeaerally, of Chapter 9. Civic Center Department, of Title VIII. Public Buildings amd Property, of the Code of the City of Roanoke, 1956, as amended, be, and said section is hereby amended and reordained so as to read and provide as follows: Sec. 4. Same--Duties generally; refund procedore. The director shall be responsible for the operation and administration of all of the functions of the Roanoke civic center, consistin9 of the auditorium, coliseum and exhibit hall and their related facilities, under the supervision of the City Manager. The director shall be responsible for the collection of all rents, fees, charges, receipts, revenues and other funds accruing to the city from the operation of the Roanoke civic center, and for report thereof to the city treasurer and to the city auditor; and the director shall be responsible for payment thereof directly to the city treasurer or, if and as he may be directed in writing by tile city auditor, he shall deposit the same to the credit of the city in a bank where public funds of the city are authorized to be deposited, forthwith making report thereof to the city treasurer and to the city auditor; and no such funds deposited in any such bank shall be withdrawn except by check of the city treasurer, countersigned by the city auditor. Notwithstanding anything in the preceding sentence to the contrary, whenever it may appear, in the judgment of the city manager or the civic center direc- tor, to be necessary and in the best interests of the city, for the protection of public property from probable imminent danger, immediate cash refunds from advance ticket sales receipts in the city's hands may be made to the holders thereof, upon certification of the facts making such immediate refund necessary being made by the director to the city manager and upon said city manager's concurrence therein. Follow- in9 such concurrence, all such refunds shall be accom- plished by withdrawal of funds on hand or on deposit estimated to be needed therefor, by warrant, signed by the city manager and city auditor, drawn payable to the order of the civic center director and his desig- nated assistant, both of whom shall be under bond with corporate surety which in all instances must be equal to or in excess of the face amount of any such warrant. In the event of any such refund, the civic center director shall make adequate provision for the protec- tion of cash funds from the time of their withdrawal until their disbursement or return to the city treasury or deposit in a bank, and he shall make full and adequate report and accounting of the use of such funds and of tickets refunded, as may be prescribed by the city auditor. i42 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 1974. No. 21374. AN ORDINANCE authorizing and providing for execution of a supplemental agre merit 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 autho- rized the execution of a lease of certain floor space in the Terminal Building at the Roanoke Municipal Airport to the Federal Aviation Administration, the floor space being therein described as on the 4th, 3rd, 2nd and basement floors of said building, approximately 1518 square feet of such space being on the 2nd floor thereof; and WHEREAS, as the result of planned and negotiated changes, the Federal Avia- tion Administration has requested that the City consent, by supplemental agreement made to said lease, to a revision of certain of the floor space on the 2nd floor of said building now occupied by said Administration under the provisions of the afore- said lease, 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the request of the Federal Aviation Administration for the substitution of certain other space on the 2nd floor of the Terminal Building at the Roanoke Municipal Airport for a portion of what is described in Contract No. DOT-FA69EA-5189, dated August 26, 1969, as approximately 1518 square feet of space on said floor be and is hereby grant and the City Manager is hereby authorized and directed to execute, on behalf of the City, a supplemental agreement made as Supplement No. 1 to Contract DOT-FA69EA-5189, to that certain lease agreement dated August 26, 1969, between the parties, said supplement agreement to amend said lease in the following respects and in these, only viz: !.4 3 (a) To delete from the floor space described as on the 2nd floor of the Terminal Building the following: Room No. 24 containing 263 sq. ft. Room No. 26 containing 325 sq. ft. Room No. 28 containing 75 sq. ft. 663 sq. ft. (b) To add to the floor space described as on the 2nd floor of the said Terminal Building the following: Room 212 containing 239 sq. ft. Room 213 containing 89 sq. ft. Room 214 containing 110 sq. ft. Room 215 containing 240 sq. ft. 678 sq. ft.; all other terms and conditions of Contract No. DOT-FA69EA-5189 are hereby ratified and, except as hereinabove authorized to be amended, shall remain in full force and effect. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 1974. No. 21375. AN ORDINANCE authorizing the City Manager to execute a license agreement between the City and the Federal Aviation Administration (Contract No. DOT-FA75EA- 7583) authorizing said Federal Aviation Administration to install, operate and main. tain, at its entire expense, an approach light lane and necessary control facilities for Runway 15-33 at Roanoke Municipal Airport (Woodrum Field) upon certain terms and conditions. WHEREAS, John V. Peterson, Contracting Officer of the Eastern Region of the Federal Aviation Administration, Department of Transportation, has requested tha the City grant to the United States of America, through the aforesaid administration license to continue its use of certain land at the south end of Runway 15-33 at the Municipal Airport for maintenance and operation of an approach light lane, as hereto- fore authorized pursuant to Ordinance No. 15717 of the Council, upon the terms and provisions hereinafter set out or referred to, which request is recommended by the City Manager and in which this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the City Manager be, and he is hereby, authorized and directed to execute a license agreement for and on behalf of the City of Roanoke with the United States of America, through its Federal Aviation Administration (Contract No. DOT- FA75EA-7583) authorizing said Federal Aviation Administration to install, maintain and operate, at its entire expense and without payment of rent, an approach light lane and necessary control facilities, at the south end of Runway 15-33 at Roanoke ~Iunicipal Airport (Woodrum Field) for a period of one (1) year commencing July 1, 1974, and thereafter, at the option of the Government, from year to year, said option to be deemed exercised and the license renewed each year unless the Government gives notice that it will not exercise its said option; provided, however, that no renewal shall extend the period of occupancy beyond June 30, 1989, and provided, further that either party may cancel said license upon six (6) months notice in writing to the other party; and 2. That after the City Manager has executed the license, the City Clerk is hereby authorized and directed to execute the certificate of authorization con- stituting a part of said license, and to affix thereto the City's corporate seal. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 1974. No. 21377. AN ORDINANCE designating and fixing the name Ordway Drive, N. W., to a certain new street in the northwest quadrant of the City. WHEREAS, the City Planning Commission has reported to the Council under date of February 7, 1974, that a section of street running parallel to Kirkland Drive N. W., and joining Glenroy Street, N. W., should logically be named Ordway Drive, N. W., in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that certain new street located in the northwest quadrant of the City, beginning on the southeast line of Hershberger Road, N. W., and extending in a southeasterly direction approximately 455 feet, be and is hereby designated and named Ordway Drive, N. W. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to cause the above street name to be appropriately noted on all maps and plats lodged in his care; that the City Manager be, and he is hereby authorized to cause the placement of appropriate street name signs on said new street; and that the City Clerk transmit to the Postmaster at Roanoke six (6) attested copies of this ordinance in order that said Postmaster be apprised of the aforesaid street name. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 1974. No. 21378. AN ORDINANCE desiqnatin9 and fixin9 the name Marr Street, N. W., to a certain new street in the northwest quadrant of the City. WHEREAS, the City Planninq Commission has reported to the Council under date of February 7, 1974, a section of street runninq adjacent to the Grandview Apartments, opposite present Marr Street, N. W., should loqically be named Mart Street, N. W., in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that certain new street located in the northwest quadrant of the City, beqinnin9 at the southwest line of Grandview Avenue, N. W., and extendinq in a southwesterly directio: approximately 794 feet, be and is hereby desiqnated and named Marr Street, N. W. BE IT FURTHER ORDAINED that the City Enqineer be, and he is hereby directe. to cause the above street name to be appropriately noted on all maps and plats lodqe, in his care; that the City Manaqer be, and he is hereby authorized to cause the placement of appropriate street name siqns on said new street; and that the City Clerk transmit to the Postmaster at Roanoke six (6) attested copies of this ordinanc, in order that said Postmaster be apprised of the aforesaid street name. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 197zl. No. 21382. AN ORDINANCE to amend and reordain Section ~t69, "Sanitation," of the 1973- 74 Appropriation Ordinance, and providin§ for an emerqency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emerqency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =69, "Sanitation," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SANITATION ~r69 Rentals (1) ............................ $16,000.00 (1) Net increase- $14,000.00 !.46 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 25th day of February, 1974. No. 21383. AN ORDINANCE authorizing the resale of a certain Caterpillar DSH track-type tractor to Carter Machinery Company, Inc., and for the rental of said vehicle back from said company until a suitable replacement can be purchased, upon certain terms and conditions; and providing for an emergency. WHEREAS, by Ordinance No. 18563, the Council authorized the City's purchase on a guaranteed maximum total cost basis, of a certain new Caterpillar DSH track-type tractor upon the terms and conditions stated in said ordinance and contained in an agreement dated March 7, 1969, between Carter Machinery Company, Inc., and the City of Roanoke; and WHEREAS, said company did offer, agree and guarantee to repurchase said vehicle from the City, at the end of a five-year period, for a minimum repurchase price of $31,328.00; and WHEREAS, the City Manager has advised that it would be in the best interes of the City to exercise the City's option contained in said agreement to resell said vehicle to said company for said repurchase price, and the company havin9 so offered, by letter of February 15, 1974, for the City to rent said vehicle on a month-to-month basis, until the City is able to obtain a suitable replacement, in which recommendati the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City doth hereby exercise its option set out in paragraph 2 of that certain agreement entered into on March 7, 1969, between Carter Machinery Com- pany, Inc., and the City, to resell to said company a certain Caterpillar DSH track- type tractor for the sum of $31,328.00, and the City Manager is authorized to deliver title to said vehicle to Carter Machinery Company, Inc. 2. The City Manager is hereby authorized to lease said vehicle back from Carter Machinery Company, Inc., upon a month-to-month basis, for a monthly rental of $3,500.00 per month in accordance with proposal No. 3. made by Carter Machinery Company, Inc., to the City under date of February 15, 1974, which said proposal is hereby ACCEPTED. 3. That the City Manager is authorized and directed to advertise for bids for a similar type vehicle at the earliest practicable time. 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 25th day of February, 1974. No. 21384. AN ORDINANCE authorizing the purchase of a 50-foot lot on Church Avenue, S. W., in the City of Roanoke, Virginia, being shown on the Tax Appraisal Maps of the City as Official No. 1101326, 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. WHEREAS, George T. Ellis has offered to sell to the City of Roanoke a certain 50-foot lot situate on Church Avenue, S. W., in the City of Roanoke, Virgin- ia, being shown on the Tax Appraisal ~Iaps of the City as Official No. 1101326, upon certain terms and provisions hereinafter set forth; and WHEREAS, the City of Roanoke deems it necessary to purchase said land for enlargement of public facilities, and funds sufficient for the payment of the pur- chase price has heretofore been or are herewith being appropriated by the Council; and WHEREAS, the Real Estate Committee through the City Manager has recommend- ed the purchase of the property hereinafter described, in which recommendation the Council concurs. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he hereby is authorized to purchase that certain 50-foot lot on Church Avenue, S. W., in the City of Roanoke, Virginia, and being shown on the Tax Appraisal Maps of the City as Official No. 1101326, containing 8,025 square feet, more or less, from George T. Ellis in his own right and as Trustee for Jane Ellis under the Will of Mabelle C. Ellis, deceased, pursuant to a verbal offer made to the City by said party, for a purchase price of $59,385.00. 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 City Auditor be and is hereby authorized and directed to issue and deliver to the City Attorney for delivery to said owner the City's check payable as follows, viz: To George T. Ellis in his own right - $59,385.00 and as Trustee for Jane Ellis under the Will of Mabelle C. Ellis, deceased 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. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 1974. No. 21386. A RESOLUTION urging the City's representatives in the General Assembly of Virginia to support legislation by which the Commonwealth would most strongly regulat and police, if not prohibit outright, the operation of certain massage parlors. WHEREAS, the City of Roanoke, as in a number of urban centers throughout the Commonwealth, has recently experienced the growth of a sizeable number of estab- lishments 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 con- duct 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 pro- hibitory and regulatory ordinances have almost universally been challenged in the Courts, and the legal status of such ordinances is at present unsettled; and WHEREAS, this Council is of opinion that the business of operating massage parlors and the qualifications and health of the employees of such establishments 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 urgently call upon the City's representatives in the General Assembly of Virginia to initiate at the earliest practicable time and thereafter diligently seek the passage of legislation which would prohibit outright the operation of "massage parlors" or, if permitted, subject the owners, operators and employees of such establishments to adequate police, health and licensin9 regulations sufficient to ensure that such businesses would 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. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 1974. No. 21387. A RESOLUTION urging the State Senator and the Members of the House of Delegates representin9 the City of Roanoke in the General Assembly of Virginia to use their best efforts to defeat all pending anti-annexation legislation and particu- larly House Bill No. 552. WHEREAS, there have been introduced before the General Assembly several bills seekin9 to amend the general laws of the State so as to substantially curtail, or even make impossible, the ability of cities to enlarge their corporate boundaries and WHEREAS, this Council is strongly opposed to the passage of such legisla- tion, in view of the past demonstrated necessity and expediency for cities to 9row and expand to meet the needs of urbanizing population centers in the Commonwealth. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the State Senator and the Members of the House of Delegates representing the City of Roanoke in the General Assembly of Virginia, be, and they are hereby most strongly urged to use all diligence and effort to bring about the defeat of all legislation introduced in the General Assembly seekin9 to curtail the ability of cities to expan, their boundaries and particularly House Bill No. 552. _50 BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit attested copies of this resolution to Senator William B. Hopkins, to Delegate A. Victor Thomas and to Delegate Ray L. Garland, in Richmond, Virginia. ATTEST: Deputy City Clerk APPROVED Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 1974. No. 21388. A RESOLUTION expressing the interest of the City of Roanoke in participat- ing in planning for an area-wide water quality management program under Section 208 (a) of the Federal Water Pollution Control Act Amendments of 1972. WHEREAS, the Roanoke Valley area, having been identified as one which, as a result of urban-industrial concentration and other factors has substantial water control problems and, thus, upon an area-wide approach in planning for and implement- ing corrective action, may be eligible for assistance under the provisions of the aforesaid statute; and WHEREAS, the Council's Water Resources Committee, meeting with representa- tives of the State Water Control Board and the Fifth Planning District Commission for a briefing on the major aspects of the provisions of Section 208 (a) of the Federal Water Pollution Control Act Amendments of 1972, has made report thereon to the Counci THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the said City of Roanoke does hereby indicate and formally express its interest in parti- cipating with other affected governmental units and agencies in the Roanoke Valley area in developing, under the provisions of Section 208 (a) of the. Federal Water Pollution Control Act Amendments of 1972, a plan for an area-wide water quality management program for the Roanoke Valley area. BE IT FURTHER RESOLVED that the Council's Water Resources Committee, or its Chairman, be and are hereby authorized to deliver or otherwise transmit to such other public agencies or bodies as may be deemed appropriate attested copies of this resolu tion. ATTEST: ~-~ APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 1974. No. 21389. A RESOLUTION requesting the City's delegation to the 1974 General Assembly of Virginia to give strong support to certain items of pending legislation relating to the public welfare laws of the State of Virginia. WHEREAS, the Council is advised that there is pending in the General Assem- bly of Virginia, as House Bill No. 24, legislation which, by amendment of Title 63~1 of the Code of Virginia, would provide authority for subsidy payments to adoptive parents and other persons on behalf of certain children placed for adoption by a local board of welfare or by a child placing agency which, if permitted, would pro- vide the means for early adoption of many children needy of adoptive parents but who, because of special physical, mental or emotional condition, etc., are denied the benefits of legal adoption and are required, on the contrary, to be kept under foster care; and would, at the same time, doubtless reduce to the public costs of continuing foster care for such children; and WHEREAS, the Council is further advised that there is also pending in the General Assembly legislation which, by elimination or repeal of Item 374.1 of Chapter 464 of the 1973 Acts of Assembly, the Appropriation Act of 1973, would permit of the State participating with local 9overnments in the charge back of payments or over- payments made in programs of public assistance to individuals ineligible therefor under State and/or Federal statutes and regulations, when such improper payments or overpayments are made otherwise than as a result of the local agency not having used reasonable diligence in determining eligibility for such payments; and WHEREAS, this Council considers both of the aforesaid proposals of amenda- tory legislation to be sound, proper and needed for the better administration by localities of the welfare laws of the Commonwealth. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the members of this Body concur wholeheartedly in the intent of the items of legislation hereinabove referred to, now pending in the General Assembly of Virginia; and that the members of the City of Roanoke's delegation to said General Assembly, namely: Senator William B. Hopkins, Delegate Ray L. Garland and Delegate A. Victor Thomas, be and each such member is hereby respectfully and most seriously requested to sup- port and aid in the passage of each aforesaid bill. BE IT FURTHER RESOLVED that the City Clerk be and is directed to promptly transmit copies of the within resolution to the abovenamed members of the City's delegation to the General Assembly. APPROVED ATTEST: Deputy City Clerk Mayor 152 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1974. No. 21379. AN ORDINANCE enacted pursuant to the provisions of Section 15.1-364 of the Code of Virginia (1950) as amended to date providing for vacating, discontinuing and closing that portion of an alley 15-feet wide lying paral- lel to S. Jefferson Street running northerly from the northerly line of Whitmore Avenue at the southwesterly corner of Lot 11 and extending behind Lots 11, 10, 9, 8, 7 and 6, Section 5, of the Pleasant Valley Land Co. Map, in the City of Roanoke, Virginia. WHEREAS, a petition has been filed with the Council of the City of Roanoke purSuant to the provisions of Section 15.1-364 of the Code of Virginia (1950) as amended to date, wherein it is asked that that portion of an alley 15-feet wide lying Parallel to S. Jefferson Street'running northerly from the northerly line of Whitmore Avenue at the southwesterly corner of Lot 11 and extending behind Lots 11, 10, 9, 8, 7 and 6, Section 5, of the Pleasant Valley Land Co. Map, in the City of Roanoke, Virginia, be vacated, discontinued and closed; and, WHEREAS, due legal notice was posted as required by Section 15.1-364 of the Code of Virginia (1950) as amended to date, and in conformity with the law in such cases made and provided, the Land proprietors affected thereby along that portion of said alley have been notified; and, WHEREAS, by Resolution No. 20476 adopted on the 5th day of September, 1972, the Council of the City of Roanoke, Virginia, appointed viewers to report whether or not in'their opinion any, and if any what, inconvenience would result from permanently vacating said portion of said alley; and, WHEREAS, the viewers appointed reported, in writing, that after having been duly sworn, they viewed the said alley and the neighboring properties and are unanimously of the opinion that no inconvenience would result either to the public or to any person, firm or corporation from permanently vacating, discontinuin. and closing said portion of said alley; and, WHEREAS, the petition was by the Council referred to the City Planning Commission for its report and recommendation and the City Planning Commission recommended that said portion of said alley be vacated; and, WHEREAS, the Council of the City of Roanoke caused a public hearing to be held on the question after publication of due notice thereof; and, WHEREAS, this Council, after considering the evidence submitted, is of the opinion that vacating that portion of an alley 15 feet wide lying parallel to S. Jefferson Street running northerly from the northerly line of Whitmore Avenue at the southwesterly corner of Lot 11 and extending behind Lots 11, 10, 9, 8, 7 and 6, Section 5, of the Pleasant Valley Land Co. Map, in the City of Roanoke, Virginia, will not abridge or destroy any of the rights and privileges of any person, firm or corporation and that no inconvenience would result to anyone therefrom, and is further of the opinion that the request of said petition should be granted, the Council being advised that there are no water or sewer lines or other municipal installations or public utility lines or installations presently existing in said portion of said alley. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that portion of an alley 15-feet wide lying parallel to S. Jefferson Street running northerly from the northerly line of Whitmore Avenue at the southwesterly corner of Lot 11 and extending behind Lots 11, 10, 9, 8, 7 and 6, Section 5, of the Pleasant Valley Land Co. Map, in the City of Roanoke, Virginia, be permanently vacated, discontinued and closed as provided by Section 15.1-364 of the Code of Virginia (1950) as amended to date, and in accordance with the law in such cases made and provided. BE IT FURTHER ORDAINED by the Council of the City of Roanoke that a certified copy of this Ordinance be delivered by the City Clerk to the Clerk of the Circuit Court of the City of Roanoke, Virginia, to the City Engineer of the City of Roanoke, Virginia, that the City Engineer of Roanoke, Virginia, make appropriate notation of the vacation herein approved on the Official Map of the City of Roanoke, and to Plunkett & Logan, Counsel for Petitioners. ATTEST: Deputy City Clerk A P P R 0 V R D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1974. No. 21380. 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. 162, 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 on the south side of Brandon Avenue, S. W., east of 2754 Brandon Avenue, S. W., and west of the Rosalind Hills Baptist Church, Official Tax No. 1620109, rezoned from RG1, General Residential District, to C1, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RG-1, general Residential District, to C-l, Office and Institutional District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 25th day of February, 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 provide( 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. 162 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: ProPerty located on the south side of Brandon Avenue, S. W., east of 2754 Brandon Avenue, S. W., and west of the Rosalind Hills Baptist Church, Official Tax No. 1620109, be rezoned from RG-1, General Residential District, to C-l, Office and Institutional District, and that Sheet No. 162 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 4th day of March, 1974. No. 21381. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 127, Sectional 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 6, 7 and 8, Block 1, of the Colonial Heights Addition to the City of Roanoke, Virginia, Official Tax No. 1271006, 1271007 and 1271008, 2302 Colonial Avenue, S. W., rezoned from RD, Duplex Residential District, to C-l, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that the hereinaft described land be rezoned from RD, Duplex Residential District, to C-l, Office and Institutional District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 25th day of February, 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. 127 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located at 2302 Colonial Avenue, S. W., being Lots 6, 7 and 8, Block 1, of the Colonial Heights Addition to the City of Roanoke, Virginia, Official Tax No. 1271006, 1271007 and 1271008, designated on Sheet 127 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 1271006, 1271007, and 1271008, be, and is hereby, changed from RD, Duplex Residential District, to C-l, Office and Institutional District, and that Sheet No. 127 of the aforesaid map be changed in this respect. ATTEST: Deputy City Clerk APPROVED ~.layor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of ~{arch, 1974. No. 21385. AN ORDINANCE authorizing the City Manager to execute a new license agreement between tke City and the Federal Aviation Administration (Contract No. DOT-FA75EA-7630) authorizing said Administration to install, operate and maintain, at its entire expense, a runway end identification light system and control facilities for Runway 23 at Roanoke Municipal Airport (Woodrum Field), upon certain terms and conditions. WHEREAS, John V. Peterson, Contracting Officer of the Eastern Region of the Federal Aviation Administration, Department of Transportation, has requested that the City grant to the United States of America, through the aforesaid administration, license to continue its use of certain land on each side of Runway 23 at the Municipal Airport for installation, maintenance and operation of a runway end identification light system, as heretofore authorized pursuant to Ordinance No. 15718 of the Council, upon the terms and provisions hereinafter set out or referred to, which request is recommended by the City Manager and in which this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager be, and he is hereby, authorized and directed to execute a license agreement for and on behalf of the City of Roanoke with the United States of America, through its Federal Aviation Administration on Contract No. DOT-FA75EA-7630, authorizing said Federal Aviation Administration to install, maintain and operate, at its entire expense and without payment of rent, a runway end identification light system and necessary control facilities on both sides of Runway 23 at Roanoke Municipal Airport (Woodrum Field) for a period of one (1) year commencing July 1, 1974, and thereafter, at the option of the Government, from year to year, said option to be deemed exercised and the license renewed each year unless the Government gives notice that it will not exercise its said option; provided, however, that no renewal shall extend the period of occupancy beyond June 30, 1979, and provided, further that either party may cancel said license upon six (6) months notice in writing to the other party; and 2. That after the City Manager has executed the license, the City Clerk is hereby authorized and directed to execute the certificate of authorization constituting a part of said license, and to affix thereto the City's corporate seal. ATTEST: Deputy City Clerk APPROVED ~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1974. No. 21390. AN ORDINANCE to amend and reordain Section #22000, "Schools -P. L. 89-10, Title I," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #22000, "Schools - P. L. 89-10, Title I," of the 1973-74 Appropriation Ordinance, be and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - P. L. 89-10, Title I Section #22000 Personal Services ...................... $79,821.89 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1974. No. 21391. AN ORDINANCE amending and reordaining Sec. 49. Voting place in South Roano Precinct No. 3, Chapter 2. Precincts and Voting Places, of Title IV. Elections, of the Code of the City of Roanoke, 1956, as amended, so as to change the location of the voting place in South Roanoke Precinct No. 3; and providing for an emergency. WHEREAS, the Electoral Board has recommended that the voting place in South Roanoke Prscinct No. 3 be. changed as. ker.einafter 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 Sec. 49. Voting place in South Roanoke Precinct No. 3, Chapter 2. Precincts and Voti Places, of Title IV. Elections, 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. 49. Votinq place in South Roanoke Precinct No. 3. The voting place in South Roanoke Precinct No. 3, shall be, and the same is established at No. 2711 on the west side of Franklin Road, S. W., between Broadway _Avenue, S. W., and the point at which 28th Street, S. W., would, if extended, intersect Franklin Road, S. W. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall take effect upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor ke IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1974. No. 21392. AN ORDINANCE to amend and reordain Section #96, "Transportation," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #96, "Transportation," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSPORTATION #96 Fees for Professional and Special Services (1) ................. $102,900.00 (1) Net increase --- $14,000.00 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 4th day of March, 1974. No. 21393. 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 March, 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 $14,000.00 for the period commencing March 1, 1974, and ending March 31, 197.4,,. except that .suck 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 $14,000.00 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 March 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 30th day of June, 1974. BE IT FURTHER ORDAINED that, an emergency existing, this ordi- nance 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 Comapny 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: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF RO~LNOKE, VIRGINIA, The 4th day of March, 1974. No. 21394. AN ORDINANCE accepting the proposal of Thor, Incorporated for constructior of the Northwest Firehouse and Rescue Building at the Roanoke Municipal Airport; 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 January ~7, 1974, and after due and proper advertisement had been made therefor, five (5) bids for furnishing all labor, materials and equipment for the construction of the Northwest Firehouse and Rescue Building at the Roanoke Municipal Airport, were opened and read before the Council, whereupon all said bids were referred to a committee appointed by the Council to tabulate and study the same and to make report and recommendation thereon to the Council; and WHEREAS, said committee has reported to the Council in writing its tabulation and recommendation on all said bids, from which it appears to the Council that the proposal of Thor, Incorporated, represents the lowest and best bid fully meeting the City's specifications made therefor to the City for the performance of said work, and should be accepted; that said other bids should be rejected; and WHEREAS, the City Manager, having heretofore made application on behalf of the City to the Federal Aviation Administration for a grant of funds to aid in the construction of the aforesaid airport improvement, has reportedly received notification of said Administration's approval of Federal financial participation in said project; and WHEREAS, funds sufficient to pay for the cost of the aforesaid improvement~ have been appropriated for the purpose by the Council; 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 written proposal of Thor, Incorporated made to the City for furnishing all labor, materials, equipment and to perform all work for constructz of the Northwest Firehouse and Rescue Building at Roanoke Municipal (Woodrum) Airport, for the sum of $406,000.00, cash, based upon unit prices, in strict accordance with and as described in the City's plans and specifications and other documents, upon satisfactory completion of said work, be, and said proposal is hereby ACCEPTED; (2) That the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with the aforesaid 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 (3) That the other bids made to the City for performing said work be REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: DR Deputy City Clerk~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1974. No. 21395. AN ORDINANCE accepting the proposal of H. & S. Construction Company for reconstruction of the easterly portion of the South Ramp at the Roanoke Municipal Airport; 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 January 7, 1974, and after due and proper advertisement had been made therefor, four (4) bids for furnishing all labor, materials and equipment for the reconstruction of the easterly portion of the South Ramp at the Roanoke Municipal Airport, were opened and read before the Council, whereupon all said bids were referred to a committee appointed by the Council to tabulate and study the same and to make report and recommendation thereon to the Council; and WHEREAS, said committee has reported to the Council in writing its tabulation and recommendation on all said bids, from which it appears to the Council that the proposal of H. & S. Construction Company, represents the lowest and best bid fully meeting the City's specifications made therefor to the City for the performance of said work, and should be accepted; that said other bids should be rejected; and !~EREAS, the City Manager, having heretofore made application on behalf of the City to the Federal Aviation Administration for a grant of funds to aid in the construction of the aforesaid airport improvement, has reportedly received notification of said Administration's approval of Federal financial participation in said project; and WHEREAS, funds sufficient to pay for the cost of the aforesaid improvemen~ have been appropriated for the purpose by the Council; 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 written proposal of H. & S. Construction Company made to the City for furnishing all labor, materials, equipment and to perform all work for the reconstruction of the easterly portion of the South Ramp at Roanoke Municipal (Woodrum) Airport, for the sum of $29,917.75, cash, based upon unit prices, in strict accordance with and as described in the City's Plans and specific~ and other documents, upon satisfactory completion of said work, be, and said proposal is hereby ACCEPTED; '.ions (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 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 (3) That the other bids made to the City for performing said work be REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,. The 4th day of March, 1974. No. 21396. A RESOLUTION authorizing the City Manager to request reimbursement from the Virginia Department of Highways for its share in the cost of an "Urban Mass Transit Technical Study". WHEREAS, pursuant to Ordinance No. 21111, adopted by the Council on August 27, 1973, the City Manager entered into an agreement, on behalf of the City, with the Virginia Department of Highways, providing for the financial participation by the parties thereto in the funding of an Urban Mass Transit Technical Study, to be performed by Wilbur Smith and Associates, consulting engineers; and WHEREAS, the said consulting engineers have completed their study, have furnished sufficient copies thereof to the City and the Virginia Department of High- ways, the same has been reviewed by said City, said Virginia Department of Highways, as well as representatives of other Valley governments and interested groups and individuals, all of which has been reported to the Council by the City Manager, with the recommendation that, said consulting engineers having adequately and satisfacto- rily fulfilled their contractual obligations regarding said study, and having been paid therefore, that the City make application to said Virginia Department of High- ways for reimbursement of its share of the cost of said study, in which recommenda- tion the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth hereby inform the Virginia Department of Highways that it has received and reviewed the Final Urban Mass Transit Technical Study heretofore conducted by Wilbur Smith and Associates, Consulting Engineers; that said Final Study satisfies the requirements of the Urban Mass Transportation Administration by providing the information needed for local transportation planning; and that said Consulting Engineers have fulfilled their obligations under the agreement contemplated by Ordinance No. 21111, aforesaid; and that said Consulting Engineers have been paid in full for their services by the City. BE IT FURTHER RESOLVED that the City Manager be and is hereby directed to make formal application to the Virginia Department of Highways for its share in the total cost of said study, heretofore agreed upon. BE IT FINALLY RESOLVED that the City Clerk do transmit a copy of this resolution to the Virginia Department of Highways through appropriate channels. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1974. No. 21397. A RESOLUTION arranging and establishing a voluntary plan for coordination of hours of operation of ratail gasoline service stations in the City of Roanoke, under authority of Executive Order No. Two, issued by the Governor of Virginia on February 18, 1974. WHEREAS, because of the problems and uncertainty and inconvenience resulting to the public as a result of the present scarcity of the supply of gasoline available for purchase and sale by individual gasoline retailers in the City, this Council deems it necessary to establish and arrange the hours of operation of individual gasoline retailers, to be adhered to on a voluntary basis, all of which has been authorized by provisions of Executive Order No. Two issued by the Governor of Virginia, February 18, 1974. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council, pursuant to the authority contained in paragraph VI of Executive Order No. Two, issued by the Governor of Virginia on February 18, 1974, doth hereby arrange and establish a plan for voluntary implementation by all operators of retail gasoline service stations in the City of Roanoke, in order to coordinate the hours of operation and sale of gasoline of such stations as follows, viz: Retail gasoline service stations shall open for sale of gasoline on Monday through Friday, each week, at~7~30 A,M.. a~ 4:30 P.M., and following each such daily opening shall sell one-half of the daily allotment of gasoline made such service station. On Saturday, each week, said service stations shall open at 8:00 A.M. for sale of said sta- tion's daily allotment of gasoline. A daily allotment of gasoline is defined to mean one day's allocation of the monthly allot- ment of gasoline made each such service station. BE IT FURTHER RESOLVED that all such operators are hereby strongly urged to comply with this arrangement, and to use their best efforts to apportion their monthly fuel allocations so as to have gasoline available for retail sales at each of the aforesaid opening hours; and the City Manager is authorized, for and on behalf of the City of Roanoke, to consummate an agreement with the gasoline retailers as a body, or on an individual basis regarding the hours of operation of the service~stations of the City of Roanoke area and to disseminate the informatio to the public through the use of the news media. BE IT FINALLY ORDAINED that the City Clerk do forthwith transmit copies of this resolution to the Roanoke Valley Chapter of_the Virginia Gasoline Retailers Association, to the Clerks of the Governing Bodies of other valley jurisdictions, and to Mr. Edward H. Isbell, Case Resolution Officer, in Richmond, Virginia. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1974. No. 21398. AN ORDINANCE directing and providing for the acquisition of certain parcels of land in fee simple needed by the City as a site for a publicly owned off-street parking facility in the City; fixing the consideration to be offered to be paid by the City for said parcels of land and the other terms and provisions of such acqui- sition; providing for the City's acquisition of said land by condemnation, under certain circumstances; and providing for an emergency. WHEREAS, pursuant to sS2 (12.1) of the Charter of the City of Roanoke and in order to provide a site for a publicly owned off-street parking facility in the City, in order to relieve congestion of traffic in and on the streets of the City and to promote the safety and general welfare of the residents of the City, the parcels of land hereinafter described, are wanted and needed by the City for the purposes of the constructing and providing thereon a public parking garage for motor vehicles, said properties being needed to be acquired in fee simple for the proper construction of said facility; and ! 35 WHEREAS, and as authorized by the Council, the City Manager has been in negotiation with the owners of the properties above referred to, seeking to reach agreement as to the terms and purchase prices upon which said properties might be acquired by the City; and WHEREAS, the City has caused additional and current appraisals to be made of the fair market value of the hereinafter described properties, on the basis of which the valuations hereinafter set out with respect to each of said properties are considered by the Council to be fair and reasonable and to reflect their fair market values; and funds sufficient for the payment of the purchase prices herein- after authorized to be paid have been appropriated by the Council for the purpose; and WHEREAS, it is necessary for the immediate preservation of the public safety and for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the said City of Roanoke, wants and needs a site for constructior of a p~ic owned offstreet parking facility, namely, a public parking or storage garage; and the proper City officials be, and are hereby authorized to acquire for said City for such purpose, from the owner or owners of the parcels of land hereinafter described and for the prices set out opposite each said parcel, the fee simple title, in and to the following described parcels of land situate in the City of Roanoke, Virginia, on the north side of Church Avenue, S. W., said parcels of land being described as follows, viz: Parcel 1. Lot 14, Block 12, S.W.1, Official Survey, bearing Official No. 1011611, according to the Tax Appraisal Map of said City - Parcel 2. Lot 15, Block 12, S.W.1, Official Survey, bearing Official No. 1011612, according to the Tax Appraisal Map of said City - Parcel 3. Lot 16, Block 12, S.W.1, Official Survey, bearing Official No. 1011613, according to the Tax Appraisal Map of said City - Parcel 4. Lots 17, 18 and 19, Block 12, S.W.1, Official Survey, bearing Official Nos. 1011614 and 1011615, according to the Tax Appraisal Map of said City - $230,650.00, cash $158,500.00, cash $ 89,700.00, cash $570,750.00, cash 2. That the City Manager be, and he is hereby authorized and directed to make, on behalf of the City, written offer to the owner or owners of each parcel of land set out and described in the preceding paragraph to purchase for the City in fee simple and free from all encumbrances the properties next hereinabove described, offering and co~itting the City to pay, the cash purchase price set out opposite each abovedescribed parcel; and upon acceptance of such offer and upon delivery to the City of a good and sufficient deed of conveyance, approved as to form and sufficiency by the City Attorney and upon certification of the title thereto, the City Auditor be, and he is hereby authorized and directed to make payment to the owner or owners accepting said offer the consideration hereinabove set out with respect to each aforesaid parcel of land, such payment to be made to such persons as are certified by the City Attorney to be entitled to the same; and 3. That, should the City be unable, within thirty (30) days from the adoption of this ordinance, to reach agreement with the respective owner or owners of each aforesaid parcel of land hereinabove set out for the City's purchase of the same for the consideration herein provided, the City Attorney is hereby authorized.and directed to institute, in a court of competent jurisdiction in the City, condemnation proceedings to acquire for the City the fee simple title to such land. as is hereinabove set out and described and as the City is unable to acquire by purchase as hereinabove provided. BE IT FURTHER 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 4th day of March, 1974. No. 21399. AN ORDINANCE to amend and reordain Section #90, "Sewage Treatment Fund," of the 1973-74 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 1973-74 Sewage Treatment Fund Appropria~ Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ion SEWAGE TREATMENT FUND #90 Temporary Loans (1) .......................... $ 2,000,000.00 Interest on Temporary Loan (2) ............... 30,000.00 (1) Net i~cre~e ............. $2,000,000.00 (2) Net increase 30,000.00 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 4th day of March, 1974. No. 21400. AN ORDINANCE awarding a contract for painting the Wasena Bridge, upon certain terms and conditions; accepting a certain bid made to the City for performin said work; and providing for an emergency. WHEREAS, at the meeting of Council held on February 11, 1974, and after due and proper advertisement had been made therefor, three (3) bids for furnishing all tools, machines, labor and materials, except paint, for painting the Wasena Bridge were opened and read before the Council w~ereupon said bids were referred to a committee appointed by the Council to 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 recommendation on said bids, from which it appears to the Council that the proposal hereinafter accepted represents the lowest and best bid made to the City for the performance of said work, and should be accepted; and WHEREAS, there has been or is being appropriated by the Council a sum sufficient to pay the cost of the contract hereinafter authorized to be entered into; and for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That the bid of Burgess Brothers Painting Contractors Inc., to furnish all tools, machines, labor and materials, except paint, for painting the Wasena Bridge, as described in the City's plans and specifications, for alum sum of $23,767.00, cash, upon satisfactory completion of said work, be and said bid is hereby accepted; and 168 (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 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 o rla'~d work when completed, to be paid out of funds heretofore or presently being appr p by the Council for the purpose. (3) That the other bids made to the City for the aforesaid work be and the said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation for said bids; and BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 1974. No. 21401. A RESOLUTION authorizing the employment of one (1) additional Lieutenant, (Code 7013) and one (1) additional Police Sergeant (Code 7010) for the Police Department, effective March 1, 1974. WHEREAS, the City Manager has recommended to the Council that the employment of one (1) additional Lieutenant (Code 7013) and one (1) additional Police Sergeant (Code 7010) for the Police Department, effective March 1, 1974, to aid in implementation of the HIT II AntiBurglary Program, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth concur in the City Manager.'s recommendation to employ in the service of the Police Department one (1) additional Lieutenant, (Code 7013) and one (1) additional Police Sergeant (Code 7010), to be compensated as provided for said positions under the City's System of Pay Rates and Ranges, and that he be authorized to employ said additional personnel on or after March 1, 1974. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of March, 1974. No. 21402. AN ORDINANCE to amend and reordain Section #450, "Water," of the 1973-74 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 #450, "Water," of the 1973-74 Water Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER #450 New Services, Lines and Hydrants (1) ..................... $192,000.00 (1) Net increase--S90,000.00 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 llth day of March, 1974. No. 21403. AN ORDINANCE to amend and reordain Section #37, "Public Assistance," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #37, "Public Assistance," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE #37 Personal Services (1) ............. $969,893.50 Office Furniture and Equipment - New (2) .............. 8,552.50 (1) Net increase --- $6,740.00 (2) Net increase --- 3,725.00 80% to be reimbursed by State Department of Welfare and Institutions BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: Deputy APPROVED City Clerk Mayor .70 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of March, 1974. No. 21404. AN ORDINANCE to amend and reordain Section #550, "Airport Capital Improvem~ Program," of the 1973-74 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 Program," of the 1973-74 Airport Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT.CAPITAL IMPROVEMENTS PROGRAM #550 Airport Terminal Building (1) .......... $5,925.00 (1) Net increase--S5,925.00 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor ~nts IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of March, 1974. No. 21405. AN ORDINANCE to amend and reordain Section #89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~89 Parks Impact Project .................... $203,000.00 171 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 llth day of March, 1974. No. 21406. AN ORDINANCE to amend and reordain "Transfers Within Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that "Transfers Within Capital Improvements Fund," of the 1973-74 Appropriation Ordinance be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS WITHIN CAPITAL IMPROVEMENTS FUND Parks Impact Fund (1) ................. $280,000.00 Loudon School Project (2) ............. -0- seeding Washington Park (3) . .......... -0- Kennedy Park (4) ...................... -0- Washington Park (5) ................... 11,524.93 (1) Net increase ............. $77,000.00 (2) Net decrease 5,005.00 (3) Net decrease 20,000.00 (4) Net decrease -- 13,519.93 (5) Net decrease 38,475.07 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor 172 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of March, 1974. No. 21407. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions" and the "Standard Terms and Conditions" with the Economic Development Administration, United States Department of Commerce, United States of America, for a grant of Federal funds under Public Law 89-136, to aid in financin¢ the development of Loudon Park, John F. Kennedy Park and Washington Park in the northwest section of Roanoke, Virginia. WHEREAS, pursuant to prior authority of this Council, there has been filed on behalf of the City with the Economic Development Administration, United States Department of Commerce, United States of America, application for a grant of Federal funds pursuant to Public Law 89-136; and WHEREAS, the said Economic Development Administration has awarded funds to the City pursuant to Project No. 01-11-01186 to aid in financing the development of Loudon Park, John F. Kennedy Park and Washington Park in the northwest section of the City subject to the acceptance, execution and filing by the City of the "Special Conditions" and the "Standard Terms and Conditions" appended to said grant award; and ~A~, the City Manager reCommends 'to ~he 'council that the offer dated February 26, 1974, numbered Project No. 01-11-01186 be accepted upon such special conditions and standard terms and conditions aforesaid, in which recommendatl 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" and the "Standard Terms and Conditions" as well as the grant acceptance with the Economic Development Administration, United States Department of Commerce, United States of America, for Project No. 01-11-01186, for Federal funds in the amount of $203,000.00 through said Administration, to be used, along with certain other local funds, to finance the development of Loudon Park, John F. Kennedy Park and Washington Park in the northwest section of Roanoke, Virginia, estimated to cost approximately $280,000.00; and 2. That the City Manager or his successor in office is further directed to furnish such additional information as may be required by the Economic on Development Administration in connection with the City's aforesaid acce' of said grant or with said project. APPROVED ATTEST: Deputy City Clerk Mayor )tance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of March, 1974. No. 21409. A RESOLUTION requesting designation of the area of the Fifth Planning District as a "208" Area, for areawide waste treatment planning, supporting designation of the Fifth Planning District Commission as the planning agency for said Area; and indicating a present intent to join the other general purpose units of local government in the Roanoke Valley Area to develop a plan or plans which, if implemented. , would result in a coordinated waste treatment management system for the Area. WHEREAS,' pursuant to Section 208 of the Federal Water Pollution Control Act Amendments of 1972, P.L. 92-500 (hereinafter called "the Act"), the Administrat~ of the United States Environmental Protection Agency has by regulation published guidelines for the identification of those areas which, as a result of urban- industrial concentrations or other factors, have substantial water quality control problems (40 CFR Part 126); and WHEREAS, this Council is advised that the Roanoke Valley area (hereinafte~ called "the Area") satisfies the criteria contained in the Act and guidelines and designation of the area pursuant to Section 208 and those guidelines is desirable; and WHEREAS, Section 126.10 of the guidelines requires, among other things, that the affected general purpose units of local government within the problem area show their intent, through formally adopted resolutions, to join together in the planning process to develop and implement a plan which will result in a coordinated waste treatment management sytem for the area; and WHEREAS, such planning process and waste treatment management system is a necessary and significant measure to control present point and non-point sources of water pollution and to guide and regulate future development and growth in the area which may affect water quality, in order to prevent, abate and solve existing and potential substantial water quality control problems; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City of Roanoke, recognizing that the Roanoke Valley area has substantial water quality control problems, supports and requests designation of the area of the Fifth Planning District as a "208" Area, for areawide waste treatment planning, pursuant to Section 208 and aforesaid EPA guidelines; and intends, upon designation of said Planning District as a "208" Area and provision of Environm Protection Agency grant funds for the planning process and agreement by the City as to the actual composition, powers and work scope of the planning agency with respect to any program developed, to join with other affected general purpose units of local government within the boundaries of the area to develop a plan or plans which, if implemented, will result in a coordinated waste treatment management system or systems for the area. BE IT FURTHER RESOLVED that, inasmuch as the Fifth Planning District Commission is a single representative organization with elected officials or their designees from local governments and is capable of developing effective areawide waste treatment management plans for the Area, the City of Roanoke supportsl the deSignation of said organization as the planning agency for the Area. BE IT FURTHER RESOLVED that attested copies hereof be transmitted by the City Clerk to the Fifth Planning District Commission, to each of the political subdivisions in said Fifth Planning District, to the Virginia State Water Control Board and to the Administrator of the Environmental Protection Agency. APPROVED ATTEST Deputy City Clerk Mayor ~ntal IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of March, 1974. No. 21410. AN ORDINANCE accepting the proposal of Frye Building Company for furnishir and constructing for the City 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 and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such construction, rejecting all other proposals made to the City for the work; and proViding for an emergency. WHEREAS, upon due and proper advertisement therefor, two (2) bids were received by the City for the construction hereinafter authorized and, upon opening before the Council at a regular meeting thereof held on February 25, 1974, were read and referred to a committee for tabulation, study and recommend~ tion as a result of which the proposal of Frye Building Company to perform all of the work provided for in the City's specifications, was determined to represent the lowest and best bid made to the City fully meeting all of the City's specifications for all such work; and WHEREAS, there has heretofore been or is being appropriated for the purpose a sum sufficient for the payment of the contract price hereinafter provided; and ! 75 WHEREAS, for the usual daily operation of the municipal government, an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That that proposal of Frye Building Company, dated February 25, 1974, made to the City for furnishing and constructing a prefabricated steel structural system, wall system, roof system and related accessories, for the City's Public Works Service Center, as per Bid Item No. 1, for a price not to exceed $367,000.00, plus necessary excavation for rock at $30.00 per cubic yard, based upon unit prices, the total cost of which shall be accomplished by appropriate change order, all to be in full accordance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which proposal is on file in the office of the City Clerk, be, and is ACCEPTED; the cost whereof shall be paid out of funds which have been appropriated by the Council for said improvements, the total cost to the City hereunder, not to exceed the sum of $367,000.00, without prior authorization of the Council; and 2. ~nat the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute the requisite written contract with said Frye Building Company, based on its proposal aforesaid, the terms of which said contract shall be as set out in said proposal and in the contract documents whereon said bid was made. BE IT FURTHER ORDAINED that the other bid made to the City for furnishing and constructing said building be, and said other bid is hereby REJECTED; the City Clerk to so notify said other bidder and to express the City's appreciation for said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. ATTEST APPROVED Deputy City Clerk Mayor 176 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of March, 1974. No. 21411. A RESOLUTION recommending and urging the initiation by the Department of Highways of a project to improve Vinton Mill Road from Orange Avenue in the City of Roanoke to Pollard Street in the Town of Vinton, setting out the need therefor; and committing the City to pay its proportionate part of the cost of such project. WHEREAS, there exists a need to improve Vinton Mill Road from Orange Pollard Street in the Town of Vinton, as demonstrat~ Avenue in the City of Roanoke to by actual traffic count which establishes vehicular traffic in excess of 1985 traffic flow on Vinton Mill Road, and for the purpose of better facilitati~ projected the flow of vehicular traffic in the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby directed to request the Department of Highways of the Commonwealth of Virginia to initiate and program a project for the design, right-of-way acquisition and construction, reconstruction and/or improvement of Vinton Mill Road from Orange Avenue in the City of Roanoke to Pollard Street in the Town of Vinton, such to be accomplished by project in which the State would bear 85% and the City would bear 15% of the total cost of such portion of the project as is within the corporate limits of the City of Roa- noke. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby authoriz to execute, on behalf of the City, all requisite applications to the Virginia Department of Highways, for the accomplishment of the aforesaid portion of said project within the City and, further to extend the City's assurance that said City will, upon the ordering of such project, commit itself to pay 15% of the total cost of that portion of the project as is accomplished within the City out of funds provided in the City's Capital Improvements Project Account for such purpos, s. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of March, 1974. No. 21412. AN ORDINANCE to amend and reordain Section #89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #89 Melrose School Improvements .............. $10,000.00 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 llth day of March, 1974. No. 21413. A RESOLUTION concurring in the recommendation that the City of Roanoke extend observance of the American Bicentennial through June, 1982. WHEREAS, it has been called to the Council's attention by the Roanoke Bicentennial Commission that the 100th Anniversary of the granting of a Charter to the town of Roanoke will occur on February 3, 1982 and that the 100th Anniversar' of the junction of the Shenandoah Valley Railroad with the Norfolk & Western Railway in Roanoke thereafter will occur on June 18, 1982, following; whereas the program being arranged by the Roanoke Bicentennial Commission for observance of the American Bicentennial would culminate and come to conclusion on October 19, 1981, the 200th Anniversary of the British surrender at Yorktown; and said Commission has recommended that the Council concur in its extension of programmed local activities through the month of June, 1982. 178 THEREFORE, BE IT RESOLVED by the Co~cil of the City of Roanoke that this Body concurs in the proposal of the Roanoke Bicentennial Commission to extend through June, 1982, its program of observance of the 200th ~niversary of American Independence, so as to incorporate in its program observance of the 100th ~niversar' of the granting of a Charter to the town of Roanoke and the 100th Anniversary of the j~ction of the two within named railroads in Roanoke. BE IT FURTHER RESOLVED that the City Clerk transmit attested copies hereof to the Roanoke Bicentennial Commission. APPROVED ATTEST: ~Ot~3~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 1974. No. 21408. AN ORDINANCE providing for the operation of the miniature train at the Children's Zoo, on Mill Mountain, by the Roanoke Jaycees, Inc., for a period not exceeding five years, upon certain terms and conditions; and postponing transfer to the City of title to said train and equipment. WHEREAS, the Roanoke Jaycees, Inc., operator of the miniature train at the City's Children's Zoo under agreement with the City expiring November 14, 1973, has proposed entering into a new agreement for such operation, and has requested that the City agree to postpone said Club's obligation under the expiring agreement to transfer to the City title to the train and its equipment, in order that title remain unchanged during any extended term of such operation; and WHEREAS, the City Manager has recommended that the proposal be accepted upon the terms hereinafter provided, in which proposal the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized and empowered for and on behalf of the City, to enter into written agreement with Roanoke Jaycees, Inc., upon form prepared and approved by the City Attorney, providing for the operation by Roanoke Jaycees, Inc., of the miniature train at the Children's Zoo on Mill Mountain for an additional period not to exceed five (5) years, said agreement to incorporate the provisions of the City's most recent written agreement, now expired, with said club, contained in Ordinance No. 15462, to provide that said club pay to the City for the rights and privileges therein granted one half (1/2) of the income derived by said club from its operation of said train after deduction of all reasonable and necessary expenses, including depreciation at 10% per annum, on said train and equipment, approved by the City Manager, and to provide that title to the train, track, tunnel and all accessories used in connection therewith be assigned and transferred to the City by said club, free of encumbrances, upon the termination of the aforesaid period. BE IT FURTHER ORDAINED that the City of Roanoke hereby agrees that the provisions contained in the agreement entered into between the parties as set out in Ordinance No. 13416 and Ordinance No. 15462, providing for transfer to the City by said club of the title to the aforesaid miniature train and its equipment be and is postponed for the period of time during which Roanoke Jaycees, Inc., is the operator thereof as next hereinabove provided. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 1974. No. 21414. A RESOLUTION establishing a procedure for scheduling and conducting public hearings before the Council of the City of Roanoke, and providing for Councilmanic discretion in the scheduling thereof upon certain conditions. WHEREAS, the Council deems it necessary for the convenience of the public to provide and establish a procedure for the scheduling and conducting of public hearings before the Council; and WHEREAS, the Council recognizes that there may be circumstances under which the procedure established hereby may work an undue hardship upon citizens of the city. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Clerk be and hereby is directed to place all matters coming before the Council, which require a public hearing, on the agenda of the regular meeting of Council scheduled for the last Monday of each month. BE IT FURTHER RESOLVED that the Council of the City of Roanoke may in its sole discretion change, to an earlier date, the time for scheduling public hearings in zoning matters when: (a) There has been no opposition or objection to the rezoning made at the public hearing before the Planning Commission; and 180 (b) ATTEST: The Planning Commission has unanimously recom- mended that the rezoning be granted. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 1974. No. 21415. AN ORDINANCE to amend and reordain "Schools - Title I, P. L. 89-10," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that "Schools - Title I, P. L. 89-10," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - TITLE I, P. L. 89-10 22-102 Instruction .................. $19,341.25 86-205 In-Service Education ......... 3,500.00 94-505 Pupil Transportation ......... 1,537.75 100% of expenditures to be reimbursed by Title I, P. L. 89-10 funds. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE S T: ~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 1974. No. 21416. AN ORDINANCE to amend and reordain Section #26000, "Schools - Work Incentive Program - Virginia Employment Commission," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #26000, "Schools - Work Incentive Program - Virginia Employment Commission," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - WORK INCENTIVE PROGRAM - VIRGINIA EMPLOYMENT COMMISSION #26000 Personal Services ................. $11,382.50 Fixed Charges ..................... 1,095.25 100% of expenditures to be reimbursed by the Roanoke WIN Program 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 18th day of March, 1974. No. 21417. AN ORDINANCE to amend and reordain Section #25000, "Schools - Library Books and Audio-Visual Materials," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #25000, "Schools - Library Books and Audio-Visual Materials," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - LIBRARY BOOKS AND AUDIO-VISUAL MATERIALS #25000 Library Books and Audio-Visual Materials ............................. $4,505.00 100% of expenditures to be reimbursed by Title II, P. L. 89-10 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 18th day of March, 1974. No. 21418. AN ORDINANCE to amend and reordain Section #12,531/64, "Schools - Improvement Betterments," of the 1973-74 Appropriation Ordinance, and providing for an ~ency. WHEREAS, for the usual daily operation of the Municipal Government the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 2,531/64, "Schools - Improvements and Betterments," of the 1973-74 Appropriation part: , be, and the same is hereby, amended and reordained to read as follows, SCHOOLS - IMPROVEMENTS AND BETTERMENTS #12,531/64 Improvements and Betterments ............ $10,003.87 100% of the $10,003.87 to be reimbursed by the federal government BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall in effect from its passage. ~TEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 1974. No. 21419. AN ORDINANCE to amend and reordain Section #39, "City Home," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 939, "City Home," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY HOME 939 Utilities (1) ......................... $9,000.00 (1) Net increase $3,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 1974. No. 21420. AN ORDINANCE to amend and reordain Section #37, "Public Assistance," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #37, "Public Assistance," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE #37 General Relief (1) ...................... $255,313.00 (1) Net increase--S60,000.00 Represents funding for the months of April, May and June, 1974 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 18th day of March, 1974. No. 21421. 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 30 million gallon retention basin at the City's Sewage Treatment Plant, subject to approval by the Virginia State Water Control Board and the Environmental Protection Agency of the United States Government. 18 4 11 WHEREAS, the City Manager, in report to the Council dated March 18, 1974, has recommended that the Council approve the issuance of a change order to the City's contract with The Pizzagalli Construction Company, Inc., for construction of a 30 million gallon retention basin at the City's Sewage Treatment Plant, so as to provide for construction of a slurry trench wall to confine bad soil at said retention basin, 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 Environmental Protection Agency, for and on behalf of the City, Change Order No. 1, to the City's contract with The Pizzagalli Construction Company, Inc., for construction of a 30 million gallon retention basin at the City's Sewage Treatment Plant, said change order to provide for amendment of the City's contract with the aforesaid company by providing for construction of a slurry trench wall to confine bad soil at said retention basin, such change order not to increase the Dasic contract price by more than the sum of $137,488.00. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 1974. No. 21422. A RESOLUTION rejecting the only bid received for furnishing a new track- type tractor for use in the City's landfill operations. WHEREAS, on March 13, 1974, and after due and proper advertisement had been made therefor, one (1) bid for the furnishing of a new track-type tractor for use in the City's landfill operations was received and opened in the office of the City's Purchasing Agent by 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 through the City Manager after which the Council, upon mature consideration, concluded that said bid should be rejected. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the only bid heretofore received by the City on March 13, 1974, for furnishing a new track-type tractor for use in the City's landfill operations, be and the same is hereby REJECTED; the City Clerk to so notify said bidder and to express the City's appreciation of said bid. BE IT FURTHER RESOLVED that the City Manger is authorized and directed to cause this matter to be readvertised. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 1974. No. 21423. AN ORDINANCE authorizing the City of Roanoke's execution of an agreement by and between the City of Roanoke and other governmental subdivisions of the Fifth Planning District, in Virginia, relating to Planning and Operation of Manpower Services under the Comprehensive Employment and Training Act of 1973; and providing for an emergency. WHEREAS, assistance in the form of Federal and/or State grants or contracts are now and in the future will be available in order to finance, under the Comprehensive Employment and Training Act of 1973, in whole or in part, programs and projects towards alleviation of conditions of unemployment and underemployment in designated areas of the Commonwealth of Virginia represented by said governmental subdivisions, and it is proposed that those parties agree upon the designation of a Prime Sponsor to plan, administer and contract for the accomplishment of such programs and project; and WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist, and that this ordinance should 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 they are hereby authorized and directed to execute, and to seal and attest, respectively, that certain written agreement made to be entered into as of the 1st day of July, 1974, by and between the City of Roanoke, and the cities of Salem, Clifton Forge and Covington and the counties of Alleghany, Botetourt, Craig and Roanoke, entitled "Agreement for Planning and Operation of Manpower Services under the Comprehensive Employment and Training Act of 1973", a copy of which, transmitted with the written report made to the Council under date of March 18, 1974, is on file in the office of the City Clerk, and which would provide that said parties, exercising jointly the powers conferred upon them by the Constitution and statutes of the Commonwealth mutually agree upon the following, inter alia,: i_86 (a) That all grants received and/or contracts entered into by one or more of said parties in the premises be received or entered into by the Prime Sponsor designated in said Agreement, on behalf of any one or more of the parties to said Agreement; (b) That the City of Roanoke be designated as the Prime Sponsor under said Agreement, to have the power and authority and to accept and have the obligation and responsibility in the planning, administration and accomplishment of such programs and projects as are undertaken on behalf of each, any or all of the parties thereto under said Agreement and the provisions of said Act; (c) That a Policy Board be established, composed of representatives of each of the parties to the Agreement; and that a Technical Advisory Committee be provided for, consisting of client sector and other members, to be selected by the Policy Board; (d) That the agreement may be amended from time to time by agreement of the parties; that, by similar agreement, other public agencies of the Commonwealth may become parties to the agreement; and that any party shall have right to withdraw from the agreement upon 120 days written notice given to the Policy Board; and 1, 1974. (e) That the provisions of the agreement become effective as of July BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall be effective upon its passage. ATTEST: APPROVED Deputy City Clerk Mayor, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 1974. No. 21424. A RESOLUTION endorsing and encouraging the designation by the Virginia Historic Landmarks Commission of a certain antebellum structure in the City known as "Buena Vista", as a Virginia Historic Landmark. WHEREAS, the Council has been advised that a certain antebellum structure situate in Jackson Park in the southeast section of the City known as "Buena Vista", and being an excellent example of Greek Revival architecture, should be registered as a Virginia Historic Landmark pursuant to the authority vested in the Virginia Historic Landmarks Commission Act of 1966, so as to assure the preservation of said structure. !87 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council endorses and encourages the designation of said "Buena Vista" as a Virginia Historic Landmark pursuant to the Virginia Historic Landmarks Commis- sion Act of 1966; and said Council hereby authorizes the City Manager to make appropriate communication of the Council's desires to said Commission, with accompi supportive data. ATTEST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 1974. No. 21425. A RESOLUTION relating to the proposed relocation of a portion of Virginia State Route 118 necessitated by the future extension of Runway 23 at Roanoke Municipal (Woodrum) Airport. WHEREAS, by Resolution No. 21217, adopted on November 12, 1973, the Council approved the City's extension of Runway 23 at its Municipal Airport for a full 900 additional feet in an easterly direction, in general in accordance with plans therefor as shown on the City's Airport Master Plan, and authorized preliminary actions to be taken to implement said project; and WHEREAS, in order to extend said Runway, it will be necessary to relocate to the east a portion of Virginia State Route 118, in accordance with preliminary studies heretofore presented to representatives of the Virginia Department of Highways by the City Administration. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth request the State Highway Commission of Virginia to give its general approval to the relocation of a portion of Virginia State Route 118 in an easterly direction, so as to accommodate the City's extension of Runway 23 by 900 feet, such relocation to be entirely at the cost of the City and Federal Aviation Administration, the final plans and specifications for which will be duly submitted to the Virginia Department of Highways for review and approval. BE IT FURTHER RESOLVED that the City Manager do transmit attested copies of this resolution to the State Highway Commission of Virginia, through official channels of the Virginia Department of Highways. ATTEST: APPROVED ~nying Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1974. No. 21429. AN ORDINANCE to amend and reordain Section #37, "Public Assistance," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #37, "Public Assistance," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE #37 Refunds and Rebates (1) ............... $7,066.40 (1) Net increase --- $3,524.50 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 25th day of March, 1974. No. 21430. AN ORDINANCE to amend and reordain Section 989, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 989, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #89 Reconstruction of south ramp at Roanoke Municipal (Wood- rum) Airport .......................... $10,138.40 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1974. No. 21431. AN ORDINANCE to amend and reordain Section #440, "Civic Center Fund - Administrative Expenses," of the 1973-74 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 1973-74 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 Refunds and Rebates (1) ................. $5,500.00 (1) Net increase --- $5,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1974. No. 21432. AN ORDINANCE amending Ordinance No. 21251, adopted December 10, 1973, providing for the City's acquisition of certain property wanted and needed as part of the site for relocation of Fire Station No. 1, in the City of Roanoke, by authorizing payment of the sum of $105,000.00 as a purchase price therefor; and providing, for an emergency. WHEREAS, Ordinance No. 21251 authorized the CitY Manager to seek to attempt to acquire for the City as a site for the City's new Fire Station No. 1 the property hereinafter described and, in so doing, to offer on behalf of the City a purchase price of $85,000.00, and WHEREAS, the City Manager reporting to the Council under date of March 25, 1974, has advised the Council that the aforesaid offer is unacceptable to the property owner who, however, has stated a willingness to sell and convey said property for a cash consideration of $105,000.00, which proposal said City Manager advises is not considered by him to be excessive, and to have his recommendation for acceptance; and ;!91 192 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 relocation of Fire Station No. 1, the fee simple, unencumbered title to the following parcel of land situate in the City of Roanoke, viz: All that certain lot or parcel of land bounded on the west of the present east line of 2nd Street, S. E., on the south by Tazewell Avenue, S. E., on the east by Norfolk and Western Railway Company's Winston-Salem right-of- way line and on the north by land occupied by Firestone Stores Division of Firestone Tire & Rubber Company, containing 21,344 square feet, more or less, and consisting of the southerly 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 the Norfolk & Western Railway Company or to Virginia Holding Corporation, whichever be the owner of said land, a consideratio] of $105,000.00, 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, '1 upon delivery to the City of a good and sufficient deed of conveyance, approved as to form by the City Attorney, the City Auditor is hereby directed to issue an~ ~eliver 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. 21251, adopted December 10, 1973, 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 APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1974. No. 21433. A RESOLUTION authorizing payment of an additional sum of $1,935.17 to ROy F. Weston, Inc., for services rendered pursuant to a certain contract with the City. WHEREAS, the City Manager has advised the Council that the environmental scientists and engineers hereinafter mentioned, under contract with the City to conduct an industrial wastewater survey and prepare the form of an industrial wastewater ordinance for the City, all pursuant to the provisions of Ordinance No. 20589, have found it necessary to hold conferences and consultations with representatives of the City after making their preliminary report, but prior to filing of their final report, claimed to have been unforeseen and unbudgeted by the consultants and concededly unforeseen by the City upon entering into the aforesaid contract, costs to the consultants of their additional time and work amounting to $1,935.17; and WHEREAS, the City Manager has recommended that the Council authorize and direct payment to the aforesaid consultants of the cost overrun abovementioned, the same to be paid out of funds available in the Sewage Treatment Plant Expansion Fund, Account 550832. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council approves the City's payment to Roy F. Weston, Inc., Environmental Scientists and Engineers, of the additional sum of $1,935.17 in full payment of the costs to said consultants of required but unforeseen conferences and consultations had between them and representatives of the City in connection with the industrial wastewater survey and preparation of the industrial wastewater ordinance, made pursuant to the provisions of Ordinance No. 20589; and further that the aforesaid sum be paid from funds appropriated to the Sewage Treatment Plant Expansion Fund, Account 550-832. APPROVED ATTEST: ~~ Deputy City Clerk Mayor 194 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1974. No. 21434. A RESOLUTION authorizing the City Manager to execute, on behalf of the City, Amendment No. 02 to a certain grant heretofore made By the United States of America to the City for Project No. C-510442-01 for construction of certain sewage treatment facilities, said amendment having the effect of changing the scope of the project by deletion therefrom of Contract "F" and by establishment of a revised payment schedule. WHEREAS, the City Manager has reported receipt by the City from the Environmental Protection Agency of a proposed amendment being Amendment No. 02, of the Grant Agreement between said parties for project C-510442-01, the specifics of which amendment are hereinafter set out; and said City Manager has recommended that authority for the City's execution of proposed Amendment No. 02 be given by the Council, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to execute, for and on behalf of the City, Amendment No. 02 to Grant Agreement No. C-510442-01, from the United States of America by the United States Environmental Protection Agency to the City, which amendment would effect the following changes in the existing Grant Agreement, viz~ 1. Change the scope of the Project by deletion of Contract "F"; and 2. Revise the payment schedule of the Grant to be as follows: Payment No. Date Payment 1. 2/1/74 $ 975,800 2. 4/1/74 411,300 3. 7/1/74 1,407,900 4. 10/1/74 2,912,700 5. 1/1/75 4,202,600 6. 4/1/75 4,202,600 7. 7/1/75 1,314,000 8. 10/1/75 1,314,000 9. 1/1/76 1,860,150 Cumulative Amount (Not to be exceeded) $ 975,800 1,387,100 2,795,000 5,707,700 9,910,300 14,112,900 15,426,900 16,740,900 18,601,050; said Amendment No. 02 being upon EPA Form 5700-21 (Revised 2-73). BE IT FURTHER ORDAINED that attested copies of this resolution together with Amendment No. 02, aforesaid, executed as authorized herein, be transmitted by the City Manager to the Director, Office of Grants Coordination, U. S. Environmen Protection Agency, Region III, 6th and Walnut Streets, Philadelphia, Pennsylvania, 19106. ATTEST: DePuty City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1974. No. 21436. AN ORDINANCE to amend and reordain Section ~45, "Police Department," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #45, "Police Department," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT #45 Vehicular Equipment - Replacement (1) .................... $92,098.74 (1) Net increase --- $210.00 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 25th day of March, 1974. No. 21437. AN ORDINANCE providing for furnishing the City certain new 1974 model vehicles for use by the Police Department, by accepting certain proposals made therefor; rejecting certain other proposals; and providing for an emergency. I_96 WHEREAS, on March 13, 1974, and after due and proper advertisement had been made therefor, certain bids for the sale to the City of certain new 1974 model vehicles 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 recommendation to the Council; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending acceptance of the proposals as hereinafter provided; and the Council, considering all of the same, has determined that the bids hereinafter accepted are the lowest and best bids made to the City for the supply of said equipment and that funds sufficient to pay for the purchase prices of said equipment have been or are being contemporaneously 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 proposal of Magic City Motors Corporation to furnish and deliver to the City six (6) new 1974 model Ford Torino intermediate size four-door unmarked police vehicles for use by said Police Department in the HIT program for a gross purchase price of $21,375.60, and to furnish and deliver to the City one (1) new 1974 model Ford E200 Econoline van-type 3/4-ton truck for a purchase price of $4,199.00, to be paid by the City to said Magic City Motors Corporation upon delivery of the vehicles, f.o.b., Roanoke, in accordance with the City's specifications and requirements made therefore, and with said bidder's written proposals be and said proposals are hereby ACCEPTED; and the City's Purchasing Agent be and is hereby authorized and directed, for and on behalf of the City, to issue appropriate purchase orders to said bidder in accordanc~ herewith. 2. That the proposal of International Harvester Company to furnish and deliver to the City one (1) new 1974 model International Scout II two-wheel drive utility type vehicle for use by the Police Department as a K-9 wagon for a purchase price of $3,881.07, to be paid by the City to said International Harvester Company upon delivery of the vehicle, f.o.b., Roanoke, in accordance with the City's specifications and requirements made therefore and with said bidders proposal, be and said proposal is hereby ACCEPTED; and the City's Purchasing Agent be and he is hereby authorized and directed, for and on behalf of the City, to issue appropriate purchase order to said bidder in accordance herewith. 3. That the proposal of Antrim Motors, Inc., being the one and only proposal received, for furnishing one (1) 3/4-ton four-door van type truck for a purchase price of $4,296.04, which proposal contains exception to the City's specifications, be and said proposal is hereby REJECTED, and the City Manager is hereby directed to cause said matter to be readvertised. BE IT FURTHER ORDAINED that the other bids made to the City for the supply of said vehicles be and are hereby REJECTED; and that the City Clerk is to so notify said other bidders and to express the City's appreciation for said bids. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1974. No. 21438. A RESOLUTION adopting and approving the execution of a Grant Agreement between the City of Roanoke and the United States of America, Federal Aviation Administration, providing for Federal aid in the development of the Roanoke Municipal Airport, as Project No. 8-51-0045-02, Contract No. FA-EA-1277. WHEREAS, the Federal Aviation Administration, acting for the United States of America, has approved a Project and tendered to the City of Roanoke a Grant Offer under which the United States offers to pay 75% of 85% of the cost of the construction'of the Fire and Rescue Building and 75% of all allowable remaining costs of a project for development of the City's Roanoke Municipal Airport, as hereinafter set out, subject to the terms and conditions, including special conditions, embodied in the Grant Agreement hereinafter referred to and incorporated herein by reference; and WHEREAS, the offer made by the United States is agreeable to the City and must be accepted in the manner provided in the terms thereof and in accordance with the regulations incorporated therein by reference. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That said City of Roanoke does ratify and affirm the Project Applicat2 of the City dated January 29, 1974, made to the United States of America, Federal Aviation Administration, and incorporated into the Grant Agreement next hereinafter referred to and, further, does hereby ACCEPT that certain Grant Offer made to the City by the United States of America, acting through the Federal Aviation Administration, for the purpose of obtaining Federal aid in the development of Roanoke Municipal Airport as set forth in a certain Grant Agreement, bearing date of 8 March, 1974, for Project No. 8-51-0045-02, Contract No. FA-EA-1277, for a grant of Federal funds to the City of Roanoke for a Project consisting of construction of a Fire and Rescue Building and reconstruction of the easterly )n !, 98 portion of the south ramp at said municipal airport, equal to 75% of 85% of the cost of construction of the Fire and Rescue Building and 75% of all allowable remaining cost of said Project, the maximum obligation of the United States payable under said Grant Offer to be $308,295.00; the aforesaid Grant Agreement, a copy of which is on file in the office of the City Clerk, being hereby incorporat'e~ into this resolution by reference and an unsigned copy thereof being attached hereto and made a part hereof, as fully as if set out in extenso; 2. That the City of Roanoke shall enter into a Grant Agreement with the United States for the purpose of obtaining Federal aid in the development of the City's Roanoke Municipal Airport by executing the Acceptance of a Grant Offer; and 3. That Byron E. Haner, City Manager, is hereby authorized and directed to execute said Grant Agreement, in five (5) copies, on behalf of the City, and that Mary F. Parker, Deputy City Clerk, is hereby authorized and directed to impress thereon the official seal of the City of Roanoke and to attest said execution; and 4. That the Grant Offer referred to above is incorporated herein by reference and a copy thereof be hereunto attached. Attest: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1974. No. 21439. AN ORDINANCE authorizing employment of Peat, Marwick, Mitchell & Co. to perform annual audits of the City's finances for each of the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, upon certain terms and conditions; and providing for an emergency. WHEREAS, the Council's Audit Committee, after inviting proposals from certain local firms of certified public accountants, has recommended that the services of Peat, Marwick Mitchell & Co. be engaged under contract, for the purpose hereinafter provided, and has submitted to the Council a written proposal of that firm dated March 20, 1974, made to the Chairman of the Audit Committee as an addendum to its earlier proposal made March 14, 1974, setting out the services proposed to be rendered and the compensation to be received therefor, a copy of which is on file in the office of the City Clerk; and the Council considering the Committee report, concurs in the recommendation made therein; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and is hereby authorized and directed for and on behalf of the City, to enter into written agreement, upon form approved by the City Attorney, with Peat, Marwick, Mitchell & Co., Certified Public Accountants, engaging the services of said firm to annually audit the financial records and accounts of the City for each of the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, the scope of said firm's examinations and of its reports to be made thereof to be as set out in its proposal made to the Chairman of the City's Audit Committee dated March 14, 1974; said firm to be paid by the City for its aforesaid annual services, on monthly billings made to the City, an annual fee based upon the time expended by the accountants on the engagemen charged at the standard hourly rate for the individuals involved in the audit, such annual fees, however, not to exceed the following, without the prior approval of the City Council, viz: a. For the year ending June 30, 1974 - $32,500 b. The lesser of $35,750 or $32,500 adjusted, either up or down, according to the change in the annual average of the Bureau of Labor Statistics Consumer Price Index, U. S. City Average, for the City's fiscal year ending June 30, 1975. c. The lesser of $39,325 or $32,500 adjusted, either up or down, according to the change in the annual average of the Bureau of Labor Statistics Consumer Price Index, U. S. City Average, for the City's fiscal year ending June 30, 1976; the Consumer Price Index, U. S. City Average, for the twelve (12) months ending June 30, 1974, (1967 = 0) to be taken as the base for the purpose of measuring any change in the annual fees to be paid by the City hereunder for the fiscal years ending June 30, 1975, and June 30, 1976; provided, however, should the accountants find the records of the City not being properly maintained on a reasonably current basis or become aware of any major defalcations or should said accountants fail to receive necessary assistance of City employees in preparin analyses of accounts for their use and in performing routine tasks under their direction, said accountants will so report to the Audit Committee of the Council and will proceed with the work only when authorized by the Council. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance ATTEST: shall be in force and effect upon its passage. APPROVED Deputy City Clerk Mayor 2O0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1974. No. 21440. AN ORDINANCE providing for the purchase of a traffic signal controller for installation at the intersection of Franklin Road, Brandon Avenue and McClanahan Avenue, S. W., upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said equipment; rejecting other bids made to the City; and providing for an emergency. WHEREAS, on February 11, 1974, and after due and proper advertisement had been made therefor, three bids for the supply to the City of the traffic control equipment hereinafter mentioned were opened before the Council and publicly read and referred to a committee to be tabulated and studied; which committee has made written report thereon with recommendation to the Council; and WHEREAS, the Council, considering the same, has determined that the bid hereinafter accepted is the lowest and best bid meeting the specifications required by the City for the supply of said equipment, and that funds sufficient to pay for the purchase price of said equipment have been or are being appropriated, and that the'other 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 Traffic Engineers Supply Corporation, made to the City, offering to furnish and deliver to the City, within 180 calendar days from order, a traffic signal controller for use at the intersection of Franklin Road, Brandon Avenue and McClanahan Avenue, S. W., fully meeting all said City's specifications and requirements made therefor, for a total purchase price of $9,295.00, be, and said bid is hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and directed to issue the requisite purchase order therefOr, incorporatin into said purchase order the City's aforesaid specifications, the terms of said bidder's proposal, and the terms and provisions of this ordinance; the cost of said equipment, when delivered and accepted by the City, to be paid out of funds heretofore appropriated for the purpose; and upon delivery to the City of the aforesaid equipment and upon the City's acceptance of the same, the City Auditor shall be, and he is hereby authorized and directed to make requisite payment to said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out. BE IT FURTHER ORDAINED that the other two (2) 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 them 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: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of March, 1974. No. 21441. AN ORDINANCE to amend Ordinance No. 20989, providing for 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 upgrading the range and pay steps applicable to the position of "Buyer"; 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 its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 20989, adopted June 25, 1973, providing a System of Pay Rates and Ranges for the employees of the City, be amended by the uDqradin~ of the following code position, range and pay steps, viz: Work Range Steps in Monthly Amounts 'Code 'Classification Week No. 1 2 3 4 5 6 1136 Buyer 40 24 $882 $925 $972 $1020 $1071 $1123 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor 2 u i 2.02 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1974. No. 21428. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 308, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have 134 Thurston Avenue, N. E., being Lots 31 and 32, Block C, Map of Williamson Groves, Official Tax Number 3080920, rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 25th day of March, 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. 308 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the north side of Thurston Avenue, N. E., described as Lots 31 and 32, Block C, Map of Williamson Groves, designated on Sheet 308 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 3080920, be, and is hereby, changed from RD, Duplex Residential District, to C-2, General Commercial District, and that Sheet No. 308 of the aforesaid map be changed in this respect. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1974. No. 21435. AN ORDINANCE authorizing and providing for the grant of an easement to Appalachian Power Company to construct, operate and maintain an overhead electric line or lines over property of the City in Roanoke County at its water Filter Plant, upon certain terms and conditions. WHEREAS, Appalachian Power Company has requested the grant of the easement hereinafter provided in order to transmit electric power to the City's Filter Plant in Roanoke County and to other adjacent properties and establishments; and the Council's Real Estate Committee and the City Manager have recommended that the same be granted upon the terms and conditions hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and each of them are hereby authorized and empowered to execute and to seal and attest, respectively, a deed of easement drawn upon such form as is approved by the City Attorney, pursuant to which the City of Roanoke will grant and convey, for a consideration of $1.00, cash, to Appalachian Power Company, its successors and assigns, an easement of right- of-way with the right, privilege and authority in said grantee to construct, erect, repair and maintain an overhead electric line or lines, upon, over, through or across certain land of the City situate in Roanoke County, on the north side of Virginia Secondary Route 601, the right-of-way and the location of the centerline of said power line being described as follows: BEGINNING at a point (iron pin) on the northeasterly property line of the City of Roanoke property known as the Carvin Cove Filter Plant property, and being a mutual corner between the City of Roanoke property and the property of Major Motor Inns, Inc., thence S. 74© 15' W, 215 feet; thence S. 70© - 0' W, 1235 feet; thence S 25© - 30' W, 240 feet to the edge of 'the City of Roanoke property and the right-of-way line of a public road right-of-way (Frontage Road); thence, not a part of the right-of-way granted hereunder but being the centerline of the electric power line described on the map herein referred to below; S. 25° - 30' W, 92 feet; thence S. 84© W, 304 feet to a point that again enters the City of Roanoke property and also begins again the right-of-way to be granted hereunder; thence S. 84© W, 294 feet to the City of Roanoke property line. Also, beginning at an iron pin, and highway monument on Virginia Secondary Route 815, being also a mutual corner of the property of the City of Roanoke and Major Motor Inns, Inc.; thence N. 0© 51' - 48" W, 372 feet along the mutual property line with Major Motor Inns, Inc., thence, leaving the Major Motor Inns, Inc. property but continuing on the same bearing of N. 0© 51' - 48" W for a distance of 208 feet to a common point with the right-of-way described above. The width of said right-of-way to vary from zero to forty feet (0 - 40 ft.) but generally being forty (40) feet in width when the entire right- of-way is on the City of Roanoke property and fifteen to twenty feet (15 - 20 ft.) when the right-of-way is along a mutual property line with an adjoining land owner; and being specifically as shown and outlined in red on "Appalachian Power Company's Drawing No. R-868, dated January 24, 1974". 204 with the right to install, maintain and renew poles with crossarms, guys and fixtures; to cut, trim or control interfering trees; and with others incidental to the maintenance of said lines and right-of-way, approved by the City Attorney; it to be expressly provided that the City reserves the right to require the grantee at any time hereafter to change and relocate the whole or any portion of the abovedescribed right-of-way off or to some other part of the land of the City should such removal or relocation, in the sole discretion of the Council, become necessary or desirable in the City's use of said land for purposes of the City; it to be provided, also, that the grantee agree, by its acceptance of the grant, to indemnify and save harmless the City from any and all loss or damage, accident or injury to persons or property by reason of the negligent construction, operation or maintenance of its fixtures on the aforesaid right-of-way. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1974. No. 21444. AN ORDINANCE to amend and reordain Section #25000, "Schools - Library Books and Audio-Visual Materials," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the CounCil of the City of Roanoke that Section #25000, "Schools - Library Books and Audio-Visual Materials," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - LIBRARY BOOKS AND AUDIO-VISUAL MATERIALS #25000 Library Books and Audio-Visual Materials (1) ....................... $24,811.00 (1) Net increase --- $24,811.00 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 1st day of April, 1974. No. 21445. AN ORDINANCE to amend and reordain Section #90, "Sewage Treatment Fund," of the 1973-74 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 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND #90 Data Processing (1) ..................... $11,000.00 (1) Net increase $4,000.00 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 1st day of April, 1974. No. 21446. A RESOLUTION indicating general approval of certain plans for the location and design of the 24th Street, N. W., project in the City of Roanoke, as developed by the Virginia Department of Highways as Project U-000-128-105, C-501, and to be presented at a certain public hearing to be held thereon. WHEREAS, there have been presented to the Council plans prepared by the Commonwealth of Virginia, Department of Highways, for the proposed location and design of 24th Street, N. W., from Shaffer's Crossing to Melrose Avenue; of Melrose Avenue, N. W., from 24th Street to Crescent Street; of Loudon Avenue, N. W., from relocated 22nd Street to 24th Street; and relocated 22nd Street, N. W., from Loudon Avenue to Lynchburg-Salem Turnpike, hereinafter referred to by location and by project number, said plans showing, among other things, connections with existing roads and streets, which said plans of proposed location and design have been studied and recommended by the City Manager and by the City's Planning Department, and recommended to the Council, which is advised that a public hearing has been scheduled and advertised to be held on said plans on April 23, 1974; and 206 WHEREAS, this Council desires to indicate general approval of said plans, and to advise said Department of Highways of its approval thereof. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby generally approves and concurs in the plans developed by the Virginia Department of Highways for the location and design of the portion of 24th Street, N. W.,from Shaffer's Crossing to Melrose Avenue; of Melrose Avenue, N. W., from 24th Street to Crescent Street; of Loudon Avenue, N. W., from relocated 22nd Street to 24th Street; and relocated 22nd Street, N. W., from Loudon Avenue to Lynchburg-Salem Turnpike, all in the City of Roanoke, as shown on the plans of State Highway Project U-000-128-105, C- 501, to be presented at the public hearing advertised to be held thereon by said Department on April 23, 1974, at 7:00 o'clock, p.m., in the Forest Park School Auditorium, a copy of which said plans is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that attested copies of this resolution be furnished the City Manager, who shall transmit the same through appropriate channels to the Commonwealth of Virginia, Department of Highways, and present the same at the time of the aforesaid public hearing. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1974. No. 21448. AN ORDINANCE awarding a contract for furnishing and delivering certain microfilming equipment for the City's Police Department; accepting a bid made therefor, and rejecting other bids; and providing for an emergency. WHEREAS, on February 27, 1974, and after due and proper advertisement had been made therefor, three (3) bids for furnishing and delivering certain microfilming equipment for the City's Police Department 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 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 a certain proposal as hereinafter provided, and the Council, considering all of the same, has determine that the bid hereinafter accepted, while not the lowest bid, is the best bid 2u7 meeting all of the City's specifications for said equipment made to the City for the supply of said equipment, and that funds sufficient to pay for the cost of said products 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 3M Business Products, Inc., to furnish and deliver certain microfilm equipment to the City for its Police Department, which said proposal is for the cost to the City of $10,293.00, 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 requisite purchase order to the aforesaid bidder for the supply to the City's said department of the abovementioned equipment, said purchase order to be made and filled in accordance with the provisions herein contained and as set out in said bidder's proposal, and such equipment to be furnished in full accordance with the City's specifications made therefor. BE IT FURTHER ORDAINED that the 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: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1974. No. 21449. AN ORDINANCE to amend and reordain paragraph (b) of Sec. 2. Removal of noxious weeds and refuse; notice, of Chapter 16. Noxious Weeds, of Title XIII. Health, of the Code of the City of Roanoke, 1956, as amended; and providing for an emergency. WHEREAS, the Commissioner of Health has advised the Council that the enforcement of the Noxious Weed Ordinance of the City would be better implemented by providing for the additional manner of effecting notice to affected property owners by certified mail, in which recommendation the Council concurs; and .ng 208 WHEREAS, for the immediate protection and preservation of the public health, safety and welfare, 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 paragraph (b) of Sec. 2. Removal of noxious weeds and refuse; notice, of Chapter 16. Noxious Weeds, of Title XIII. Health, of the Code of the City of Roanoke, 1956, as amended, be, and said paragraph (b) is hereby amended and reordained so as to read and provide as follows: (b) The notice provided for in paragraph (a) supra, shall be deemed to have been properly served upon the person or party owning or in possession, charge or control of such lands if a copy thereof be delivered to him in person by the commissioner or an authorized representative of the commissioner; or if a copy thereof be sent by certified or registered mail, addressed to such person at his last known address; or if a copy thereof be posted in a conspicuous place on the property affected by the notice; or if he be served with such notice by any other method authorized or required under the laws of the Commonwealth of Virginia. Proof of the method and manner of service effected shall be preserved by the commissioner. 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 1st day of April, 1974. No. 21450. AN ORDINANCE authorizing the purchase of a parcel of land containing approximately three (3) acres, fronting 216 feet, more or less, on the north line of the Lynchburg-Salem Turnpike, in the City of Roanoke, Virginia, being shown on the Tax Appraisal Maps of the City as a portion of Official No. 2420203, 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. WHEREAS, Mrs. Natalie R. Foster and Mrs. Mary R. Waynick had offered to sell to the City of Roanoke a certain parcel of land containing approximately three (3) acres, fronting 216 feet, more or less, on the north line of the Lynchburg Salem Turnpike, in the City of Roanoke, Virginia, being shown on the Tax Appraisal Maps of the City as a portion of Official No. 2420203, upon certain terms and provisions hereinafter set forth; and WHEREAS, the City of Roanoke deems it necessary to purchase said land for public library purposes, and funds sufficient for the payment of the purchase price have heretofore been or are herewith being appropriated 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 hereby is authorized to purchase that certain parcel of land containing three (3) acres, fronting 216 feet, more or less, on the north line of the Lynchburg-Salem Turnpike, in the City of Roanoke, Virginia, and being shown on the Tax Appraisal Maps of the City as a portion of Official No. 2420203, a more complete description to be incorporated in the deed of conveyanc thereto, from Mrs. Natalie R. Foster and Mrs. Mary R. Waynick, pursuant to an offer made to the City by said parties, for a purchase price of $18,750.00. 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 City Auditor be and is hereby authorized and directed to issue and deliver to the City Attorney for delivery to the above- named persons, or to those persons revealed by title examination to be entitled thereto, the City's check, in the sum of $18,750.00, 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1974. No. 21451. A RESOLUTION approving inclusion of the estimated cost for construc- tion of an Overhead Pedestrian Mall connecting Jefferson Street between Norfolk and Shenandoah Avenues in the budget application of the City of Roanoke Redevelopmer and Housing Authority for the Neighborhood Development Program - Project A- 6 - Gainsboro Area. 2!0 d t A a t WHEREAS, the City having heretofore approved a feasibility study to ~termine the estimated cost of the facility hereinafter mentioned, proposed be undertaken as a part of the Neighborhood Development Program - Project -6 - Gainsboro Area by the City of Roanoke Redevelopment and Housing Authority %d said study having been made and reported to the Council. WHEREAS, said Authority has proposed that its budget application for %e aforesaid project be made to include the estimated construction costs of ~id Overhead Pedestrian Mall. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that id Council approves incorporation by the City of Roanoke Redevelopment and using Authority of the sum of $986,982.00 in the said Authority's budget application t~ the Department of Housing and Urban Development for the Neighborhood Development :ogram - Project A-6 - Gainsboro Area, such additional amount being for the lrpose of constructing an overhead pedestrian mall spanning the railroad track Jefferson Street between Norfolk Avenue and Shenandoah Avenue, and consisting A the following estimated items: Cost of structure Architectural-Engineering-Inspection (8.8%) Test Borings Estimated Contingency (15%) $793,200.00 69,802.00 5,000.00 118,980.00 TOTAL $986,982.00 BE IT FURTHER RESOLVED that attested copies of this Resolution be ansmitted by the City Clerk to the Executive Director of the aforesaid Authority. PTEST: ~ APPROVED )eputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1974. No. 21452. AN ORDINANCE to amend and reordain Section #96, "Transportation," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 996, "Transportation," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSPORTATION 996 Fees for Professional and Special Services (1) ................... $116,900.00 (1) Net increase --$14,000.00 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 1st day of April, 1974. No. 21453. AN ORDINANCE to amend and reordain Section 9550, "Sewage Treatment Capital Improvements Fund," of the 197974 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 9550, "Sewage Treatment Capital Improvements Fund," of the 1973-74 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 Plant Expansion ........................... $67,738.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor 2!2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1974. No. 21442. AN ORDINANCE amending and reordaining Sec. 32. Building setback lines and siqn provisions for major arterial highways~ exception; setback of signs from Inter- stgte Highways, of Chapter 4.1, Zoning, of Title XV, Construction, Alteration and Us of Land, Buildings and Other Structures, of the Code of the City of Roanoke, 1956, as amended, by prohibiting the construction, erection, addition to or structural alteration of buildings within or adjacent to the right-of-way of any major arterial highway shown on the Roanoke Valley Area Thoroughfare Plan (for 1985), dated 1969, as amended, or from any preliminary or final highway plans developed and approved by the Virginia Department of Highways; and making provision for building setback lines ascertainable from said plans to be controlling in case of conflict with building setback lines previously established by the Council. WHEREAS, the City Planning Commission has recommended the amendment of Sec. 32. Building setback lines and sign provisions for major arterial highways, exception; setback of signs from Interstate Highways, of Chapter 4.1, Zoning, of Title XV, Construction~ Alteration and Use of Land~ Buildings and Other Structure of the Code of the City of Roanoke, 1956, as amended, as hereinafter provided; and WHEREAS, written notice 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 25th day of March, 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. 32, 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. 32. Building setback lines and sign provisions for major arterial highways, exception; setback of signs from Interstate Highways, 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. 32. Building setback lines from major arterial Highways; exception; setback of signs from Interstate Highways. (a) No building or structure shall be erected contructed, reconstructed, moved, added to or structurally altered within or adjacent to the right-of-way of'any major arterial highway, where such right-of-way location can be deter- mined by scale or can reasonably be determined by the city engineer from the Roanoke Valley Area Thoroughfare Plan (for 1985) dated 1969, as amended, or from any preliminary or final highway plans from time to time developed and approved by the Virginia Department of Highways, unless such building or structure shall be set back at least 25 feet from the highway rights-of-way shown on said plans; and when any building setback line or lines shown on said plan or plans and established herein conflict with any setback line or lines previously established by the Council, the provisions of the building setback lines herein established shall be controlling; pro- vided, however, that the Board of Zoning Appeals, after application by a landowner and after public notice and hearing, with written notice thereof given to the City Manager by said Board, may modify or waive the foregoing limitations and restrictions if such Board be satisfied that application of such limitations and restrictions to a particular property as applied to that property would be unreasonable and would have the effect of com- pletely depriving the landowner of the benefi- cial use of that property by precluding all practical uses thereof; and provided, further, that the foregoing limitations and restrictions shall not preclude the erection, construction, reconstruction and maintenance of sign structures which identify the owner of the premises whereon they are located, or describe or identify said owner's operation or product, nor shall such limi- tations and restrictions be applied to properties in C-3 and C-4 Districts. (b) Notwithstanding other provisions of this chapter, no outdoor advertising sign or structure making provision for outdoor displays or display space on a lease or rental basis shall be built or located within six hundred sixty (660) feet of the nearest edge of the right-of-way of Inter- state Spur 581 or of the Southwest Expressway (Route 220) except that this prohibition shall not apply in C-2, C-3, C-4, LM and HM Districts, provided that signs in these districts conform to other requirements of this chapter; nor shall any sign be erected or maintained in the city not conforming to or complying with applicable pro- visions or regulations contained in Chapter 7, Title 33 of the 1950 Code of Virginia, as amended. On-premise signs identifying the operation, pro- duct or owner will be allowed for any property, subject to the district requirements. APPROVED ATTEST: Deputy City Clerk Mayor 2!4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1974. No. 21443. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 266, Sectional 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 Parcel (1) Being the southern portion of the 4.29 acre tract located at 3527 Melrose Avenue, N. W., fronting approximately 266 feet on Melrose Avenue and extending in a northerly direction approximately 440 feet, being the southern portion of Lot 3 of the Van De Vyver Map and part of Roanoke City Official Tax No. 2660104; Parcel (2) Being the southwesterly portion of the 3.71 acre tract located at 3437 Melrose Avenue, N. W., fronting approximately 110 feet on Melrose Avenue and extending in a northerly direction approximately 440 feet, being the southwesterly portion of Lot 2 of the Van De Vyver Map and part of Roanoke City Official Tax No. 2660106, rezoned from C-l, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from C-l, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 1st day of April, 1974, at 2 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. 266 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on Melrose Avenue and described as follows: Parcel (1) Being the southern portion of the 4.29 acre tract located at 3527 Melrose Avenue, N. W., fronting approximately 266 feet on Melrose Avenue and extending in a northerly direction approximately 440 feet, being the southern portion of Lot 3 of the Van De Vyver Map; Parcel (2) Being the southwesterly portion of the 3.71 acre tract located at 3437 Melrose Avenue, N. W., fronting approximately 110 feet on Melrose Avenue and extending in a northerly direction approximately 440 feet, being the southwesterly portion of Lot 2 of the Van De Vyver Map; designated on Sheet 266 of the Sectional 1966 Zone Map, City of Roanoke, as '21 5 part of Official Tax Nos. 26601'04 'and 2660106, be, and is hereby, changed from C-1,.Office and Institutional District, to C-2, General Commercial District, and that Sheet No. 266 of the aforesaid map be changed in this respect. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1974. No. 21447. AN ORDINANCE accepting bids for certain concession privileges to be exercised at the Mill Mountain Zoo; directing the execution of a requisite contract therefor; and rejecting all other bids made for the award of said privileges. WHEREAS, on March 21, 1974, and after due and proper advertisement had been made therefor one bid for certain concession privileges to be exercised at the Mill Mountain Zoo 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 recommendation to the Council through the City Manager; and WHEREAS, the City Manager concurs in the committee's report and has directed the same to Council recommending award of the concession privileges as hereinafter provided; and the Council considering all the same, has determined that the bid hereinafter accepted is the highest, best and only bid meeting the City's specifications made for the award of such privileges, and should be accepted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following bid or proposal for the following specified concession privileges, as said bid and proposal was opened and read before the committee at its meeting on March 21, 1974, and are now on file in the Office of the City Clerk, be, and it is hereby ACCEPTED, viz: BIDDER Robert A. Lewis CONCESSION LOCATION Food Concessions at Children's Zoo AMOUNT PAYABLE TO CITY 20% of gross sales and the City Manager be, and is hereby authorized and directed, for and on behalf of the City, to execute the requisite contract with the aforesaid bidder, such contract to be made upon such form as is approved by the City Attorney. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1974. No. 21454. A RESOLUTION modifying certain of the requirements of liability insurance contained in Ordinance No. 16016 adopted September 14, 1964, granting permit to Plantation Pipe Line Company to construct, maintain and operate a certain petroleum products pipeline at certain locations in the City. WHEREAS, Ordinance No. 16016 granted permission to Plantation Pipe Line Company to construct, maintain and operate an 8 5/8 inch steel petroleum products pipeline at certain locations in the City upon condition, amongst others and as contained in Paragraph 7. of said ordinance, that the Licensee insure its liability in connection with the construction, reconstruction, repairing, maintenance, operation, use, existence or removal of the pipeline providing indemnities of not less than $100,000 for bodily injuries for any one person in any one occurrence and of not less than $300,000 for all bodily injuries occuring from any one occurrence, and $50,000 for property damage; Paragraph 7. of said ordinance setting out certain other provisions and conditions to be met or complied with by said Licensee with respect to the insurance so required to be maintained; and WHEREAS, for cause appearing good to the City Manager said Licensee has requested that it be permitted to be considered to be self-insured to the extent of the first $100,000 of its potential general public liability by reason of its operations under said ordinance and that the terms conditions and requirement~ of Paragraph 7. of Ordinance No. 16016, aforesaid, be modified so as to permit said Licensee to operate self-insured against its potential general liability for personal injury and property damage to the extent of the first $100,000 of such liability but to require insurance of said licensee under standard contract of insurance issued by some insurance company or organization for said Licensee's potential public liability in excess of $100,000; and WHEREAS, this Council deems it proper to modify the insurance provisions and requirements of Paragraph 7. of Ordinance No. 16016, aforesaid, to the extent of permitting said Licensee to operate self-insured thereunder to the extent of its first $100,000 of public liability, all other terms, conditions and requirements of said Paragraph and of said ordinance to remain in full force and effect. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the provisions of Paragraph 7. contained in Ordinance No. 16016 adopted by the Council on September 14, 1964, be modified to provide as follows: 7. The Licensee will insure its liability in connection with the construction, reconstruction, repair, maintenance, operation, use, existence or removal of the pipeline providing indemnities of not less than $100,000 for bodily injuries to any one person in any one occurrence and of not less than $300,000 for all bodily injuries resulting from any one occurrence, and ~0~ 000 for property damage. Such insurance shall also extend to provide coverage of the Licensee's liability under this ordinance and against the acts of any of the Licensee's contractors and their subcontractors. Such insurance shall be kept in full force and effect by the Licensee during the construction, reconstruC- tion, repair, maintenance, operation, use, existence and removal of the pipeline. The City shall be name~ as an additional insured under the insurance contract. The Licensee will provide the City with a certificate of such insurance which shall contain a statement that the insurance is provided to enable the Licensee to perform its obligation under Paragraph 7 of this ordinance, and that it will not lapse or otherwise expire prior to sixty days' written notice thereof given by the Licensee's insurance carrier to the City Manager of the City, anything in the insurance contract to the contrary notwithstanding. Unless hereafter required by ordinance or resolution of the City Council, the Licensee may operate hereunder self-insured for the first $100,000 liability for bodily injuries to any one person in any one occurrence and for the first $100,000 of its liability for all bodily injuries resulting from any one occurrence and for $100,000 liability for property damage, provided said Licensee maintain in full force and effect, by policy or policies of insurance issued by some insurance company or organization authorized to conduct business as an insurance company, insuring said Licensee's comprehensive general liability in excess of $100,000 but not exceeding $1,000,000, such policy or policies of excess comprehensive general liability insurance to provide coverage of the Licensee's contractors and their subcontractors; to provide that the City of Roanoke be an additional insured under the insurance contract; to provide that such insurance is provided to enable the Licensee to perform its obligation under Paragraph 7 of this ordinance and that such insuran6e will not lapse or otherwise expire prior to 60 days' written notice thereof given by the Licensee's insurance carrier to the City Manager of the City of Roanoke, anything in the insurance contract to the contrary notwi%hstanding. BE IT FURTHER RESOLVED that the provisions of this resolution shall not become effective until such time as Plantation Pipe Line Company shall have executed an attested copy of this resolution and shall have filed the same, together with a proper certificate of excess insurance made in form to comply with the provisions hereof, with the City Clerk. BE IT FURTHER RESOLVED that, should such executed copy of this resolution and such certificate of excess insurance not be filed in the office of the City Clerk within 30 days of the adoption of this resolution, this resolution shall stand repealed and be of no force or effect. APPROVED ATTEST: Deputy ~~~_~ City Clerk Mayor ACCEPTED and AGREED to: ATTEST: PLANTATION PIPE LINE COMPANY By Secretary (Title) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1974. No. 21455. AN ORDINANCE to amend and reordain Section #550, "Sewage Treatment Capital Improvements Fund," of the 1973-74 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 1973-74 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 Plant Expansion (1) ...................... $2,500.00 (1) Net increase $2,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1974. No. 21456. AN ORDINANCE exercising the right to purchase Lots 1 and 2, Block 5, Eastover Place Map, in the City of Roanoke, Virginia, adjacent to the existing City of Roanoke Sewage Treatment Plant property, and needed for unscheduled future plant expansion, upon certain terms and provisions; providing for notice of the City's exercise of said purchase option; providing for payment of the purchase price thereof upon delivery of a deed to the City and for recordation of such deeds; and providing for an emergency. WHEREAS, the City of Roanoke, on March 31, 1974, was granted an option by the owners of Lots 1 and 2, Block 5, Eastover Place Map, to purchase said lots upon certain terms and provisions hereinafter set forth; and WHEREAS, the City of Roanoke, in order to provide for unscheduled future expansion of its Sewage Treatment Plant, deems it necessary to purchase said lots, and funds sufficient for the payment of the purchase price has heretofore been appropriated by the Council; and WHEREAS, the City Manager has recommended the purchase of the property hereinafter described, in which recommendation the Council concurs. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City's right to purchase those two certain Lots situate in the City.of Roanoke, Virginia, and being Lots 1 and 2, Block 5, Eastover Place Map and designated on the Tax Appraisal Maps of the City of Roanoke as Official Nos. 4330701 and 4330702, from Warren B. Austin and Dorothy L. Austin, husband and wife, pursuant to written purchase option agreement dated the 31st day of March, 1974, granted to the City by said parties, be and is hereby exercised, and the City Clerk be and is hereby directed to notify, forthwith, said owners, of the City's aforesaid election, by mailing to them, by certified mail, an attested copy of this ordinance. BE IT FURTHER ORDAINED that, upon certification by the City Attorney of good title to said lots and upon delivery to the City of good and sufficient deed of conveyance, prepared and approved by the City Attorney and made with General Warranty of Title and Modern English Covenants, the City Auditor be and is hereby authorized and directed to issue and deliver to the City Attorney for delivery to said owners the City's check, payable as follows, viz: To Warren B. Austin and Dorothy L. Austin - $2,500.00 220 ATTEST: in payment of the agreed purchase price of said lots; 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 Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1974. No. 21457. AN ORDINANCE accepting a proposal for furnishing and delivering one new track-type tractor, upon certain terms and conditions by accepting a certain bid made to the City therefor; and providing for an emergency. WHEREAS, on April 2, 1974, and after due and proper advertisement had been made therefor, one (1) bid for the sale to the City of the equipment 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 ~y the committee which has made written report and recommendat~ to the Council through the City Manager; and WHEREAS, the City Manager concurring in the Committee's report, has transmitted the same to the Council, recommending award of the contract as hereinafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the best 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 Carter Machinery Company, Inc., made to the City offering to furnish and deliver to the City, on a guaranteed maximum total cost basis one (1) new D8H track-type tractor, for a purchase price of $93,021.00, cash, with a written guarantee to the City that the repair cost of said tractor over a period of five years or 6,500 hours, whichever occurs first, shall not exceed the sum of $3i,883.00, and with a further written guarantee that said bidder will later, at the end of a five-year period offer to the City a repurchase price of $36,000.00 for said tractor, be, and said bid is hereby ACCEPTED: and )n 2. The City Manager be, and he is hereby authorized and directed to enter into a requisite written contract to be approved by the City Attorney and to contain requirements, specifications and provisions made of said bidder for the supply of the aforesaid equipment, said bidder's proposal and the terms and provisions of this ordinance; and upon delivery to the City of all of the aforesaid new equipment and written guarantees and upon said City's acceptance of the same, the City Auditor shall be, and he is hereby authorized and directed to make requisite payment to said bidder of the purchase prices; aforesaid. 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 8th day of April, 1974. No. 21459. AN ORDINANCE to 'amend and reordain section #89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of:the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #89, "Transfers to Capital Improvements Fun~," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and ~eordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #89 Off Street Parking Facility (1) ...................... (1) Net increase--S115,000.00 BE IT FURTHER ORDAINED that, an emergency shall be in effect from its passage. ATTEST: APPROVED ..... $115,000.00 existing, this Ordinance Deputy City Clerk Mayor 222 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1974. No. 21460. AN ORDINANCE authorizing the engagement of the services under separate written agreements, of a project manager and of architects to manage the constructioni: of and to prepare and provide plans, specifications, contract documents and other professional services, respectively, in and about the construction of the City's public off-street parking garage facility, upon certain terms and provisions; and providing for an emergency. WHEREAS, the Council has authorized and directed the City's acquisition of certain properties situate on the north side of Church Avenue, S. W., between 1st Street and 2nd Street, S. W., for the purpose of providing for the City necessary off-street parking facilities, namely, a public parking garage and, for the purpose of constructing said facility, it is deemed necessary to engage the services of a professional project manager and of professional architects to assist and advise the City in and about the construction of said facility; 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 written agreement, on behalf of the City, with National Planning, Inc., upon such form as is approved by the City Attorney consistent herewith, engaging the services of National Planning, Inc., as the City's project manager in and about the City's construction of its new public parking garage to be located on the north side of Church Avenue, S. W., between 1st Street and 2nd Street, S. W., said firm to counsel and assist the City in directions to the architects in preparation of plans and contract documents, in the receipt and review of construction bids, and in managing, coordinating and expediting the project during all its phases and, as project manager for the City, acting for the City under the latter's contract with the architect, but as an.independent contractor acting on the City's behalf, said project manager to be compensated on the following basis, namely: For its basic services rendered the City as project manager under said agreement the sum of .............................. $45,576.00, together with such reimbursable and additional expense and direct personnel expense as is actually incurred by National Planning, Inc.., as the same are defined in said agreement and as may hereafter be authorized and approved by the City prior to incurring the same. Payments made by the City to National shall become due and be made on the following basis: a. Payments for basic services shall be made monthly in proportion to services performed, so as to increase compensation for basic services up to the following per- centages of completion of each phase of the work: Construction Documents Phase ....................... 75% Receipt of Bids for Completion of Negotiations...80% Construction Phase .......... 100% b. Payments for additional expense and direct personnel expense incurred in connection with addi- tional services, and for reimbursable expenses shall be made monthly upon presentation of National's detailed invoice. c. No deduction shall be made from National's compensation or any reimbursement or expense item due National on account of penalty, liquidated damages, or other sums withheld from payments to contractors or materialmen or architect-engineer. d. If any work designated or specified by the City during any phase of services is abandoned or suspended in whole or in part, National is to be paid for its basic and any additional services actually performed on account of its prior receipt of written notice from the City of such abandonment or suspension, plus any reimbursable expenses paid by National sub- ject to reimbursement under this agreement. e. Records of National's additional expenses and reimbursable expense pertaining to the project shall be by and on a generally recognized accounting basis and shall be made available to the City or its authorized repre- sentative at mutually convenient times. BE IT FURTHER ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby further authorized and directed to enter into written agreement, on behalf of the City, with Randolph Frantz and John Chappelear, Jr., Architects, upon such form as is approved by the City Attorney consistent herewith, engaging the services of said architects to prepare and provide to the City complete plans, drawings and specifications for the parking portion of the project, and planning and design for the ground floor space but not the subdivision of such ground floor space nor for the special lighting or mechanical work in said area, and for the other services to be set out in said agreement, said architects to be compensated upon the following basis, namely: For their basic services rendered the City as architects under said agreement the sum of ................................ $115,000.00, together with such reimbursable and additional expense and direct personnel expense as is actually incurred by said architects, as the same are defined in said agreement and as may hereafter be authorized and approved by the City prior to incurring the same. Payments made by the City to said architects shall be- come due and be made at the times and in the proportions and under the conditions herein- above provided for payments made to the project manager for said project. BE IT FURTHER ORDAINED that, an emergency existing, 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 8th day of April, 1974. No. 21461. AN ORDINANCE expressing the City's consent to the assignment of a certain lease and concession agreement from W. L. Hagood, Sr., and W. L. Hagood, Jr., to American Motor Inns, Incorporated; and providng for an emergency. WHEREAS, by lease and concession agreement dated December 28, 1971, the City did demise and let to W. L. Hagood, Sr., and W. L. Hagood, Jr., certain described spaces at the City's Airport Terminal Building at Roanoke Municipal Airport in Roanoke County, Virginia, for use as a public restaurant and retail gift shop upon certain terms and conditions more particularly set out in said lease and concession agreement; and WHEREAS, the City is in receipt of a written assignment of lease made under date of March 22, 1974, between W. L. Hagood, Sr., W. L. Hagood, Jr., Airport Restaurant of Roanoke, Inc., as parties of the first part, and American Motor Inns, Incorporated, as party of the second part, whereby the first parties have assigned, transferred and set over to the party of the second part, all of the rights, interests and obligations encumbent upon them pursuant to the aforesaid lease and concession agreement dated December 28, 1971, between the City and Messrs. W. L. Hagood, Sr., and W. L. Hagood, Jr.; and WHEREAS, pursuant to paragraph II of the aforesaid lease and concession agreement, the lessees have requested the City's consent to the assignment of their rights, interests and obligations to American Motor Inns, Incorporated, and the Council's Airport Advisory Commission has recommended the granting of such consent, in which recommendation Council concurs; and WHEREAS, for the continued and uninterrupted operation of the City's Municipal Airport, 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 and executed assignment of lease dated March 22, 1974, between W. L. Hagood, Sr., W. L. Hagood, Jr.,.Airport Restaurant of Roanoke, Inc., to American Motor Inns, Incorporated, of all of those rights, obligations and interests incumbent upon the lessees in that certain lease and concession agreement heretofore made and entered into under date of December 28, 1971, between the City of Roanoke, lessor, and Messrs. W. L. Hagood, Sr., and W. L. Hagood, Jr., as lessees, pursuant to paragraph II of said lease and concession agreement. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1974. No. 21462. AN ORDINANCE to amend and reordain certain sections of "Transfers Within Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of "Transfers Within Capital Improvements Fund," of the 1973- 74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: TRANSFERS WITHIN CAPITAL IMPROVEMENTS FUND Washington Park Improve- ments (1) .............................. $11,442.39 Washington Park Box Culvert (2) ........ Porterfield Sto~'~i~'i~i ~~ ~ 17,256.90 .... 2,384.42 Appalachian Power Company Industrial Access Road (4) ............. 526.01 Southwest Storm Drain (5) ............... 31,890.28 Grading to Cover Washington Park Box Culvert (6) ................... 63,500.00 (1) Net decrease --- $11,442.39 (2) Net decrease --- 17,256.90 (3) Net decrease --- 2,384.42 (4) Net decrease --- 526.01 (5) Net decrease --- 31,890.28 (6) Net increase --- 63,500.00 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 8th day of April, 1974. No. 21463. AN ORDINANCE accepting a bid and awarding a contract for the grading work to fill over and cover the Washington Park box culvert, upon certain terms and conditions; rejecting certain other bids made therefor; and providing for an emergency. WHEREAS, at the meeting of the Council held on March 18, 1974, and after due and proper public advertisement had been made therefor, six (6) bids made to the City for grading work to fill over and cover the Washington Park box culvert 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~ an~ WHEREAS, said committee has reported to the Council, under date of April 8, 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 or are being appropriated by the Council sufficient to pay the cost of the contract hereinafter authorized to be entered into and, for the usual daily operation of the municipal government, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Charlie Overstreet, Incorporated, for furnishing all tools, labor, machinery and materials necessary to fill over and cover a box culvert designated as the Washington Park box culvert, in full accordance with the City's specifications made for said work, for the sum of $62,860.00, be, and said bid is hereby ACCEPTED; and 2. That the other bids made to the City for the aforesaid work be, and the said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation for 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 grading, fill and cover work 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 satisfactory performance of said work accepted by the City as meeting all said specifications, the City Auditor shall be, and is hereby authorized to make payment to said contractor in accordance with the provisions of this ordinance and said contract, charging said payment to appropriations made by the City for said work. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 1974. No. 21458. AN ORDINANCE amending and reordaining in its entirety Ordinance No. 20725, heretofore adopted by the Council on March 5, 1973, by prohibiting discrimination in certain matters relating to housing on the basis of age, sex and marital status, in addition to race, color, religion and national origin; and providing for the effective date of this ordinance. WHEREAS, the Fair Housing Board has heretofore recommended that the Council expand those prohibited discriminatory provisions of the City's Fair Housing Ordinance to hereafter preclude discrimination based upon age, sex and marital status in addition to discrimination currently prohibited based upon race, color, religion, or national origin, in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 20725, heretofore adopted on March 5, 1973, be and said ordinance is hereby amended and reordained in its entirety and that Chapter 8. Fair Housing, of Title XV, of the Code of the City of Roanoke, 1956, as amended, be and said chapter is hereby amended so as to read and provide as follows: 228 CHAPTER 8. Fair Housing. Sec. 1. Definitions. For the purpose of this chapter the following words and combinations of words shall have the meanings ascribed thereto, namely: A. "Person" - includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, .receivers, and fiduciaries. B. "Lending institution" - means any bank, insurance company, savings and loan association or any other person regularly engaged in the business of lending money or guaranteeing loans. C. "Housing" - means any building, structure, or facility, or portion thereof, located in the City of Roanoke that is used or occupied or is intended, arranged, or designed to be used or occupied as the home, residence, or sleeping place of one or more individuals, groups or families, and any vacant land located in the City of Roanoke offered for sale or lease for the purpose of constructing or locating such building, structure, or facility, and includes any interest in housing as so defined, fee simple, leasehold or other. D. "Personal residence" - means a building or structure containing living quarters occupied or intended to be occupied by no more than four individuals, four groups, or four families living independently of each other, and used by the owner thereof as a bona fide residence for himself and any member of his family forming his household. E. "Real Estate Broker" - means a person doing business in the City of Roanoke who is the holder of a real estate broker's license issued pursuant to Article 3 or Article 5 of Chapter 18 of Title 54 of the Code of Virginia. F. "Real Estate Salesman" - means a person doing business in the City of Roanoke who is the holder of a real estate salesman's license issue~ pursuant to Article 3 or Article 5 of Chapter 18 of Title 54 of the Code of Virginia. G. "Person in the business of building, developing, selling, renting or leasing housing" - means any person who, within the preceding twelve (12) months, has participated as principal or real estate broker, real estate salesman or rental agent in three (3) or more transactions involving the sale, lease or rental of any housing. H. "Age" - for the purposes of this chapter, the term age shall mean and refer to any person who has attained the age of eighteen (18) years. Sec. 2. Discriminatory Housing Practices. A. It shall be contrary to the public policy and the intent of this chapter: for any person solely on account of the race, color, religion, national origin, age, sex or marital status of any other person: (a) to refuse to sell, lease, sublease, rent, assign, or transfer to such other person any housing; or (b) to refuse to transact business with such other person for the sale, lease, sublease, rental, assignment or other transfer of any housing; or (c) to knowingly represent to such other person that housing is not available for inspection, sale, lease, sublease, rental, assignment or other transfer; when in fact such housing is so available, and a bona fide offer shall have been made therefor by such other person; or (d) to knowingly represent to such other person that housing is available for inspection, sale, lease, sublease, rental, assignment or other transfer at rates or on terms or conditions different from those at which or on which it is in fact available to the generality of persons; or Se (e) to discriminate in respect to the provision of services, facilities, or other amenities connected with such other person's ownership, lease, sublease, rental, possession or occupancy of housing; or (f) to interfere with, interrupt or terminate such other person's ownership, lease, sublease, rental, possession or occupancy of housing or other enjoyment of any interest therein; or (g) to deny to such other person access to, partici- pation in or other benefit of any multiple-listing service or other service or facility related to the business of selling or renting housing; or for any person solely on account of the race, color, religion, national origin, age, sex or marital status of any other person: (a) to include in the terms or conditions of any sale, lease, sublease, rental, assignment or other transfer of housing any condition or pro- vision that purports to forbid or discourages or attempts to discourage the ownership, leasing, possession, occupancy or use of such housing by persons; or (b) to print or publish or cause to be printed or published any notice, statement or advertise- ment, to announce a policy, to use any form of application or to make a record or inquiry in connection with the sale, lease, sublease, rental, assignment or other transfer of housing that indicates any preference, limitation or other discrimination based on race, color, religion, national origin, age, sex or marital status or an intention to engage in any such preference, limitation or other discrimination; or (c) to coerce, or attempt to coerce, any person to do any act declared to be a discriminatory housing practice, or to engage in economic reprisal or otherwise retaliate, or to coerce or attempt to coerce another person to engage in economic reprisal or otherwise retaliate against any person who has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hearing under this ordinance; or for any lending institution solely on account of the race, color, religion, national origin, age, sex or marital status of any person, to discriminate in lending money, guaranteeing loans, accepting mortgages or otherwise making available money for the purchase, acquisition, construction, alteration, repair or maintenance of any housing or to discriminate in the fixing of the rates, terms or conditions of any such financing or in the extension of service in connection therewith; or for any person knowingly and for monetary gain, to induce or attempt to induce another person to transfer an interest in real property, or to discourage another person from purchasing real property, by representations regarding the existing or potential proximity of real property owned, used, or occupied by persons of any particular race, color, religion, national origin, age, sex or marital status; or for any person to solicit or attempt to solicit the listing of dwellings for sale or lease, by door to door solicitation, in person or by telephone, or by mass distribution of circulars, for the purpose of changing the racial compo- sition of the neighborhood. B. Nothing contained in this chapter shall: bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes which is operated, supervised or controlled by or in connection with a religious organization, from limiting admission to or giving preference to persons of the same religion or denomination with regard to occupancy, leasing, sale or purchase of housing, or from making such selection as is calculated by such organization to promote the religious principles for which it is estab- lished or maintained; or apply to the rental or leasing of a room or rooms in a personal residence; or e prohibit a private club not in fact open to the public which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose from limiting the rental or occupancy of such lodgings to its members or from giving preferences to its members. e Nothing in this chapter shall be construed to bar any person from refusing to sell, rent or advertise any dwelling which is planned exclusively for, and occupied exclusively by, individuals of one sex, to any individual of the opposite sex on the basis of sex. Nor shall anything in this chapter be construed to bar any person from selling, renting or advertis- ing any dwelling which is planned exclusively for, and occupied exclusively by, unmarried individuals to unmarried individuals only. Nothing in this chapter shall be construed to bar any person from refusing to sell or rent any dwell- ing to unmarried individuals cohabiting contrary to law. Nothing in this chapter shall be construed to deny to any person any right or privilege guaranteed by the Constitution of the United States or by the Constitution of Virginia. Sec. 3. Other Requirements and Prohibitions. Every real estate broker and every other person in the business of developing, selling, renting, or leasing housing, including every person who operates a multi-unit residential building containing more than two units, except a personal residence as defined herein, shall post in a conspicuous location in that portion of his housing business normally used by him for nego- tiating the sale, rental or leasing of housing, a notice that contains the following language, printed in black on a light-colored background, in not less than fourteen-point type: It is contrary to public policy and to the intent of the Fair Housing Ordinance of the City of Roanoke, Virginia, for any person to: 1. deny housing accomodations to any person because of race, color, religion, national origin, age, sex or marital status; or 2. discriminate against any person because of race, color, religion, national origin, age, sex or marital status with respect to the terms, con- ditions or privileges of housing accOmmodatiOns or in the furnishing of facilities or services in connection therewith. No real estate broker, real estate salesman or other person in the business of building, develop- ing, selling, renting, or leasing housing shall: 1. solicit the sale, lease, sublease, rental, assignment or other transfer of housing or dis- courage the purchase, lease, sublease, rental, assignment or other transfer of housing by repre- sentations regarding the existing or potential proximity of real property owned, used or occupied by a person or persons of any particular race, color, religion, national origin, age, sex or marital status; or 2. knowingly offer for sale or lease by sign or any other device representing that housing is available for inspection, sale, lease, sublease, rental, assignment or other transfer when in fact it is not so available, and such fact is known by such broker, salesman or other person. Ce Any person adversely affected by use'of a discrim- inatory practice prohibited under this ordinance may institute an action for injunction and liqui- dated damages against the person responsible for such discriminatory practice in a court of record having equity jurisdiction in the city. If the court finds that the defendant was responsible for such a practice and that the complainant was adversely affected thereby, it shall enjoin the defendant from use of such practice and, in its discretion, award the complainant not more than two hundred fifty dollars liquidated damages. Sec. 4. Fair Housing Board. There is hereby created in the City of Roanoke a Fair Housing Board, hereinafter referred to as the Board, which shall consist of seven members, all of whom shall reside in the City of Roanoke. The members shall be appointed by the City Council and shall serve without compensation. Of the members first appointed, two shall be appointed for terms of three years, two shall be appointed for terms of two years and three shall be appointed for a term of one year, all such terms commencing as of the first day of April, 1973. Thereafter, members shall be appointed for terms of three years each. Any member may be removed by the Council upon good cause appearing to the Council. Any vacancy shall be filled by the City Council for the unexpired portion of a term. Absence from five consecutive meetings by any member shall vacate such member's position on the Board. There shall be an administrator of the Board, not a member of the Board, who shall be appointed by the City Manager. He shall serve as secretary of the Board and shall be responsible for keeping the records of the Board's proceedings. The position of the administrator shall be included in the Pay and Classification Plan of the City of Roanoke and subject to the provisions of the City's personnel ordinances and regulations. The administra- tor may be a person otherwise employed by the City and the duties of the administration of this chapter may be assigned in addition to other duties. The City Council may authorize the employment of such additional personnel as are deemed warranted to secure effective enforcement of this chapter. Sec. 5. Conduct of Board. At the first meeting of the Board following annual appointments thereto, the Board shall elect a chairman and a vice-chairman from its membership and establish such procedures of organization and conduct as it may deem necessary. The Board shall meet not less than quarter- annually and upon call of the chairman or of any three members of the Board. All meetings of the Board shall be with due written notice to each member. Any final decision of the Board shall be with the concurring vote of four of the members. The Board shall render as of the first day of January of each year, and thereafter quarterly during each year, to the City Council a full written report of its activities under the provisions of this chapter, and any recommendations of the Board concerning measures to be taken to further the purposes of this chapter. A. The procedure of the administrator of the Board in the case of the filing of a complaint shall be as follows: A complaint alleging the commission of a discrimi- natory housing practice, in writing and sworn to or affirmed, may be filed with the administrator by the complainant. Such a complaint shall state the name and address of the complainant and of the person or persons against whom complaint is made and shall also state the alleged facts surrounding the alleged commission of a discriminatory housing practice, the date the dis- criminatory housing practice was allegedly committed, and such other information as the Board by regulation may require. Upon receipt of such complaint the administrator shall furnish a copy of the same to the person or persons who allegedly committed or are about to commit the alleged discriminatory housing practice and to the chairman of the Board. For the protection of the privacy of the individuals involved, in personal matters, every complaint shall be held in confidence by the Board, its administrator and employees unless and until the complainant and the person complained against consent to its being made public or until a hearing such as is described in Paragraphs 5 and 6 of this section, is begun. No complaint shall be filed more than thirty (30) days after the date of the alleged discriminatory housing practice. Upon the filing of a complaint as set forth in Section 5. A. 1., and notice thereof to the person against whom such complaint be made, the administrator of the Board shall make such investigation as he deems appropriate to ascertain the facts. If the administrator of the Board shall determine that there are reasonable grounds to believe a violation has occurred and is susceptible of conciliation, (such determination to be made within fifteen days of the filing of the complaint) he shall attempt to conciliate the matter by methods of conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal and nothing said or done during such initial conferences shall be made public by the Board or its members or any of its staff unless all parties thereto agree in writing. The terms of conciliation agreed to by the parties may be reduced to writing and incorporated into a consent agreement signed by the parties, which agreement is for conciliation purposes only and does not constitute an admission by any party that the ordinance has been violated. Consent agreements shall be signed on behalf of the Board by the chairman or the vice-chairman. It shall be a prima facie violation of'this ordinance to violate or fail to adhere to any provision contained in a consent agreement. A failure by the Board to enforce a violation of any provision of a consent agreement shall not constitute a waiver of any right of any party to such agreement. If the administrator determines that the complaint lacks reasonable grounds upon which to base a violation of this chapter, he shall give written notice of such determination to the complainant, the person complained against and the Board. The notice shall also state that the complaint will stand dismissed unless within twenty (20) days after mailing of such notice the complainant files with the Board in writing a request for a hearing by the Board. Upon filing of request for such hearing, the administrator shall immediately mail copy of such request to the person complained against, together with notice of the time and place fixed by the Board for such hearing; thereafter, and at such time, the Board shall afford the parties an opportunity to appear before the Board in person or by counsel. Upon such hearing the Board may in its discretion dismiss such complaint or determine that there are reasonable grounds to belieVe the alleged violation of this chapter has occurred. If the administrator or the Board has determined that there are reasonable grounds to believe the alleged violation of this chapter has occurred and the administrator (i) fails to conciliate a complaint after the parties have, in good faith, attempted such conciliation, or (ii) fails to effect an informal conciliation agreement or a formal consent agreement or (iii) determines that the complaint is not susceptible of con- ciliation, he shall notify the chairman of the Board immediately and in all cases, shall give such notice within thirty (30) days after the filing of the complaint; provided that such period may be extended not more than thirty (30) additional days by the Board for good cause appearing to the Board. Upon receiving such notice the chairman of the Board shall promptly thereafter schedule a public hearing to determine whether a violation of this chapter has been committed. The Board shall give written notice to the respondent and the complainant containing a statement of charges and of the time and place of hearing. The respondent or his counsel may file such statements with the Board prior to the hearing date as he deems necessary in support of his position. The hearing shall be open to the public, unless for the protection of the privacy of the individuals involved, in personal matters, the respondent requests in writing a private hearing, in which case the hearing shall be private. The hearing shall be held within twenty (20) days after mailing of the statement of charges and notice of hearing. The notices so issued shall be signed by two members of the Board and sent by certified mail. The interested parties may, at their option, appear before the Board in person or by duly authorized representatives and may be represented by an attorney. The parties may testify and present evidence, and the right to cross-examine witnesses shall be preserved, and, for these purposes the Board may invite such additonal persons to appear as the ends of justice may require. All testimony and evidence shall be given under oath or by affirmation. The Board shall not be bound by strict rules of evidence prevailing in courts of law but shall adhere to rules of equity. The Board shall keep a full record of the hearing, which record shall, unless such hearing be private, be public and open to inspection by any person, and upon request by any principal party to the proceedings, the Board shall furnish such party a copy of the hearing record at the cost of the party so requesting. e If, at the conclusion of the hearing, the Board shall determine that the respondent has committed or is committing the dis- criminatory housing practice or practices charged, the Board shall state its findings and conclusions and shall issue and cause to be mailed by certified mail to the respondent a copy of such decision which shall contain warning to cease and desist from such discriminatory practice or practices and to take such affirmative action as may be indicated to effect the purposes of this ordinance, including, if the Board so determines, reporting on the manner of his compliance. If upon all the evidence at the hearing the Board shall find the respondent has not engaged in the discriminatory housing practice or practices charged, the Board shall state its findings and conclusions and shall dismiss the complaint. Notice of such action shall be given to the complainant and to the respondent by certified mail. In a case in which the Board proceeds on its own initiative, without receiving a formal complaint, the procedure followed shall be that prescribed in Section 7, following. No investi- gation shall be undertaken by the Board on its o,~ initiative if more than sixty days have elapsed since the occurence of the discriminatory housing practice that the Board has reason to believe occurred. In a case in which there is no complainant, the administrator of the Board shall be responsible for develop- ing the evidentiary record before the Board. Sec. 6. Powers of the Board. In making the investigations, pursuing conciliation and persuasion and conducting hearings, all as described in the foregoing Section 5, the Board shall have authority to hear testimony under oath, to make findings of fact and issue decisions and warnings in accordance with the provisions of this chapter, and to make and adopt and publish such rules of procedure as may be necessary or proper for carrying out its functions under the provisions of this chapter. Sec. 7. Interlocutory Relief. If, at any time after a complaint has been filed, or institution of an investigation on the Board's own initiative, the Board believes that appropriate civil action to abate or prevent any discriminatory housing practice, to preserve the status quo or to prevent irreparable harm appears advisable, the Board may, after consultation with the Commonwealth's Attorney or his authorized designee, certify the matter to the Commonwealth's Attorney to bring any action necessary to abate or prevent such practice, preserve such status quo or to prevent such irreparable harm, including but not limited to temporary restraining orders and preliminary injunctions. Sec. 8. Judicial Review. A. Any party aggrieved by a written decision of the Board made after hearing held pursuant to Section 5 of this chapter may present to a court of record of the City of Roanoke a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality and making party defendant thereto the opposing party or parties in proceedings before the Board. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board. 234 B. Upon presentation of such petition, the court may allow a writ of certiorari directed to the Board to review such decision of the Board and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended bY the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and to the opposing party and on due cause shown, grant a restraining order. C. The Board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified by the chairman or the administrator. D. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceeding upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. E. Costs shall not be allowed against the Board, unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. Sec. 9. Enforcement by the Court. If the respondent refuses or fails to comply with any decision or warning of the Board, the Board shall refer the matter to the Commonwealth's Attorney, who shall bring an action against such respondent in a court of competent jurisdiction to enforce compliance with such decision. Any person who shall be found by the Board to have violated the intent of this ordinance or the public policy stated herein relating to discriminatory housing practices shall be subject to injunctive or other appropriate action or proceeding, and any court of competent jurisdiction may issue restraining orders, temporary or permanent injunctions, or such form of relief as the court deems appropriate, and may award damages as provided in subsection C. of Section 3, hereof. Sec. 10. Other Remedies. Nothing herein contained shall prevent any person from exercising any right or seeking any remedy to which he might otherwise be lawfully entitled, or from filing any complaint with any other public agency. Sec. 11. Notice. Ail notices required under the provisions of this ordinance to be given by certified mail shall be addressed to the person to whom such notice is intended at the last known address of such person or to the attorney of such person, should such attorney have formally appeared before the Board on behalf of such person. Sec. 12. Time Limitation. Any complaint filed under the provisions of this ordinance shall stand dismissed unless the Board has within ninety (90) days of the date of the filing of complaint of the alleged discriminatory housing practice served upon the respondent a decision pursuant to the provisions of Section 5.A.7., hereof. Sec. 13. Severability. The provisions of this ordinance are severable, and if any provision, sentence, clause, section or part thereof is held illegal, invalid, or unconstitutional or inapplicable to any person or circum- stance, such illegality, invalidity, unconstitutionality or inappli- cability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of the ordinance, or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included therein, and if the person or circumstance to which the ordinance or any part thereof is inapplicable had been specifically exempted therefrom. Sec. 14. Effective Date. The provisions of this ordinance shall become effective on the first day of May, 1974. ATTEST: Deputy City Clerk A~P PRO VE D Mayor IN.THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 1974. No. 21464. AN ORDINANCE concurring in the award of a contract by the Commonwealth of Virginia, Department of Highways, for the replacement of the bridge and approaches on Shenandoah Avenue, N. W., at the west corporate limits of the City; providing for the execution of an agreement with the Virginia Department of Highways relative to the maintenance of Highway Project 0742- 080-161, C-501; 162, B639; 4000 - 128-103, C-501, and signifying the City's intent to participate in the payment of a certain portion of the costs of said project; and providing for an emergency. WHEREAS, with the City's concurrence, the Department of Highways has formulated plans and received a contractor's bid of $89,819.00 which the sum of $13,472.85 would represent the City's portion of the cost of a certain highway project on Shenandoah Avenue, N. W., at the City's west corporate limits, for the payment of which funds were provided in the City's 1972 bond issue; and WHEREAS, the Commonwealth of Virginia, Department of Highways, has requested that the City enter into agreement with said Department agreeing upon the maintenance, signing and regulation of parking on said highway and agreeing upon the proportion of the total cost of the highway construction which the City shall pay; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth concur in the award of a contract by the Commonwealth of Virginia Department of Highways, to Vecellio and Associates, Inc., of Salem, Virginia, for replacement of the bridge and approaches on Shenandoah Avenue, N. W., at the west corporate limits of the City, as Highway Project 0742-080-161, C-501; 162, B-639; 4000 - 128-103, C-501, for the estimated total cost of $89,819.00, of which sum the City's proportionate share would be $13,472.85, as would be set out in the agreement hereinafter authorized to be entered into. 236 BE IT FURTHER ORDAINED that the City Manager and the City Clerk, or their duly appointed and authorized assistants or deputies, be, and they are hereby authorized to execute, seal and attest, respectively, on behalf of the City, with the aforesaid Commonwealth of Virginia, Department of Highways an agreement relating to the maintenance, signing and regulation of parking on the aforesaid highway, upon form approved by the City Attorney, and containing the City's agreement to participate in payment of the actual cost of said improvemen in accordance with the tabulations and proportions therein set out, namely, 15% it being understood that the costs therein shown are estimated and that the percentages will be applied to the actual costs of said improvements. BE IT FINALLY ORDAINED that an emergency exists and 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 15th day of April, 1974. No. 21465. A RESOLUTION requesting the State Highway commissioner to acquire all necessary rights-of-way for the new Jefferson Street Bridge over the Norfolk and Western Railway Company tracks and Roanoke River, as Highway Project No. U000-128-106, PE-101, RW-201, C-501, B-606, Federal Project T-5501(8), within the corporate limits of the City; and guaranteeing to reimburse the State Highway Department for fifteen percent (15%) of all costs incurred in acquisition of the right-of-way of said project, and for 100% of the cost of acquiring certain residue properties referred to in Resolution No. 21072. WHEREAS, ~33.1-89 of the 1950 Code of Virginia, as amended, authorizes the State Highway Commissioner to acquire rights-of-way for the construction, reconstruction, alteration, maintenance and repair of public highways within municipalities on projects which are constructed with State or Federal participatio] if requested by the municipality involved; and WHEREAS, the City, the Commonwealth and the Bureau of Public Roads having agreed upon a project to provide a new Jefferson Street Birdge over the'Norfolk and Western Railway tracks and the Roanoke River, the city desires that the State Highway Commissioner acquire all of the necessary new right- of-way therefor, having heretofore, by Resolution No. 21072, requested said Highway Commissioner to acquire certain additional properties for the City for other needed public street purposes of the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council hereby requests the State Highway Commissioner to acquire for the City all necessary rights-of-way for the new Jefferson Street Bridge over the Norfolk and Western Railway tracks and Roanoke River, Project U000-128- 106, PE-101, RW-201, C501, B606, Federal Project T-5501(8), within the corporate limits of said City; and said City guarantees to reimburse the Commonwealth of Virginia, Department of Highways, for fifteen percent (15%) of all costs incurred in the acquisition of the necessary rights-of-way for said project and for 100% of the cost of acquiring the residue properties referred to and described in Resolution No. 21072 of the Council, adopted August 6, 1973; it being understood that such acquisitions will be handled by the Commissioner under established policies and procedures and that his dec~ionin all instances shall be final. BE IT FURTHER RESOLVED that the City Manager be and he hereby is directed to transmit an attested copy of this resolution to the State Highway Commissioner, through appropriate channels. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 1974. No. 21466. A RESOLUTION concurring in the final Concept Report of the Roanoke Central Area Traffic Signal System made by Wilbur Smith and Associates, dated December 1973, and the City Manager's written supplement thereto dated April, 1974. WHEREAS, the Concept Report of the Roanoke Central Area Traffic Signal System dated December 1973, made by Wilbur Smith and Associates, under contract with the Virginia Department of Highways, was presented to the Council on March 4, 1974, said report outlining a proposed traffic signal system for the central area of the City and the intersections to be signalized, along.with recommended physical changes to certain roadways; and WHEREAS, the system and the physical changes recommended in said report have been considered by the Cit'y Manager who, at the meeting of the Council held April 15, 1974, has reported thereon and has filed with his written report a supplement to said Concept Report, dated April 1974, and summarizing those improvements recommended to be incorporated into the final plans and specifications for the traffic signal system improvements. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council approves and concurs with the written Concept Report of the Roanoke Central Area Traffic Signal System made by Wilbur Smith and Associates, dated December, 1973, together with the supplement to said Concept Report dated April 1974, and presented by the City Manager to the Council at its meeting held April 15, 1974. 238 BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized and directed to transmit to the Virginia Department of Highways, through appropriate channels, attested copies of this resolution together with copies of the Concept Report and the supplement thereto, referred to hereinabove. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 1974. No. 21467. AN ORDINANCE to amend and reordain Section #58, "Street Construction and Repair," and Section #59, "Street Signs and Markings," of the 1973-74 Appropria~ Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 958, "Street Construction and Repair," and Section 959, "Street Signs and Markings," of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: STREET CONSTRUCTION AND REPAIR 958 Supplies and Materials - Construction (1) ..................... $86,500.00 STREET SIGNS AND MARKINGS 959 Operating Supplies and Materials (2) ........................ 50,800.00 (1) Net decrease --- $3,500.00 (2) Net increase --- 3,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~ De~puty~ City Clerk Mayor [on IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 1974. No. 21468. AN ORDINANCE'awarding a contract for furnishing and delivering Traffic Paint to the City; accepting a bid made therefor~ and providing for an emergency. WHEREAS, on March 21, 1974, and after due and proper advertisement had been made therefor, one bid for furnishing and delivering traffic paint to the City 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 recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending award of the contract as hereinafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest, best and only bid made to the City for the supply of said paint and that funds sufficient to pay for the purchase price of said paint have been appropriated; and ~HEREAS, 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 William Armstrong Paint COmpany, East Point, Georgia, to furnish and deliver traffic paint to the City, which proposal is for the cost to the City of $10,287.60, 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 to the City of the abovementioned traffic paint, said purchase order to be made and filled in accordance with the City's specifications made therefor. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. ATTEST: Deputy APPROVED City Clerk Mayor 2zi. O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 1974. No. 21469. AN ORDINANCE providing for the City's lease from The State Board For Community Colleges of a certain parcel of land situate on Colonial Avenue, S. W., to be used as a site for the City's new Southwest Fire Station and which may be used for certain other purposes incidental thereto, upon certain terms and conditions; and providing for an emergency. WHEREAS, a site being required on which to construct the new Southwest Fire Station facility, officials of Virginia Western Community College and of The State Board For Community Colleges are understood to be willing to lease to the City, for a term of ninety-nine (99) years, the 2.184 acre parcel of land located on the south side of Colonial Avenue, S. W., hereinafter described upon the general terms and conditions hereinafter set out; and WHEREAS, the Council Considering the location of said site to be in all respects suitable as one for a fire station to provide fire protection for the southwest section of the City, desires to accept the generous offer made to the City by the aforesaid Community College authorities; and WHEREAS, for the usual daily operation of the municipal Government an emergency is deemed to exist and that this ordinance should take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor be and he is hereby authorized and empowered, for and on behalf of the City of Roanoke, to execute a written lease agreement by and between said City and The State Board For Community Colleges, upon form approved by the City Attorney, leasing for the City from said Board for a term of ninety-nine (99) years commencing as of such date as may be set out in said lease and for a rental of Ten Dollars ($10.00) for the original 99-year term of said lease, that certain 2.184 acre lot or parcel of land situate on the south side of Colonial Avenue, S. W., and being the easterly portion of Official No. 1380201, as said 2.184 acre parcel is shown on Plan No. 5426, dated April 3, 1974, in the Office of the City Engineer, said lease to contain, inter alia, the following provisions: (a) That the City covenant to erect on the premises a fire station, the plans of which would require prior approval of The State Board For Community Colleges~and of the Governor, but which might incorporate space to be used for purposes such as civil defense, first aid and rescue and civic activities. (b) That the City keep the improvements insured against fire or other casualty with the State Board named as a co-insured on the policy of insurance. (c) That all costs of construction of the fire station and all costs of utilities, etc., be borne by the City. (d) That the lease be subject to termination by the State Board should the City default in its performance of any covenant to be undertaken therein and not have cured such default or commenced upon curing the same within sixty days after notice given of such default; should the City vacate or desert the property for a period of one year; or should the City assign the lease or sublet the premises other than in accordance with the terms of the lease. BE IT FURTHER ORDAINED that, upon execution of said lease by the Mayor, the City Clerk or Deputy City .Clerk be and are hereby authorized to affix thereto the City's corporate seal, and to attest the same; thereafter, both such officials shall duly acknowledge their signatures thereto. BE IT FINALLY ORDAINED 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 15th day of April, 1974. No. 21470. AN ORDINANCE prescribing the duties and responsibilities of the Director of Finance to be appointed pursuant to the provisions of Sec. 25.1. Director of Fin of the Roanoke City Charter, as amended; providing that the Director of Finance perform the duties of the Municipal Auditor provided for in Sec. 25.2 of said Charter until such time as a Municipal Auditor shall have been elected by the Council and shall have qualified; and providing for an emergency. WHEREAS, and the Council desiring to implement certain of the provisions contained in amendments of the Roanoke City Charter enacted by the 1974 General Assembly of Virginia and now in effect; 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Director of Finance elected by the Council pursuant to the provisions of Sec. 9. Elections by Council, when held, terms, et cetera, of the Roanoke Charter of 1952, as amended by the 1974 General Assembly of Virginia, shall, upon qualifica for such office, be charged with all of the duties and responsibilities and shall have all of the powers and authority imposed upon or delegated to the director of finance in Sec. 25.1. Director of Finance of the Roanoke Charter of 1952, amended as aforesaid. nce, -~ion 242 BE IT FURTHER ORDAINED that, until such time as the Council shall have elected a Municipal Auditor pursuant to the other provisions of Sec. 9 of the aforesaid Charter, as amended, the Director of Finance be and is hereby charged, additionally, with all of the duties and responsibilities and shall have all of the powers and authority imposed upon or delegated to the Municipal Auditor in Sec. 25.2. Municipal Auditor of the Roanoke Charter of 1952, amended as aforesaid. 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 15th day of April, 1974. No. 21471. A RESOLUTION rejecting the only bid received for the construction of the Kimball Avenue Storm Drain', and directing that alternate locations for the installation of this storm drain be evaluated, and that thereafter the matter be readvertised for bids. WHEREAS, on April 1, 1974, and after due and proper advertisement had been made therefor, one bid was received and opened by a committee appointed by the Council for the purpose, such bid being for the construction of the Kimball Avenue Storm Drain, which bid was, thereafter, tabulated and reported by said committee to the Council, after which the Council, upon mature consideration concluded that such bid should be rejected. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the only bid heretofore received by the City on April 1, 1974, for the construction of the Kimball Avenue Storm Drain, be and the same is hereby REJECTED; the City Clerk to so notify said bidder and to express the City's appreciation of said bid. BE IT FURTHER RESOLVED that the City Manager do proceed to evaluate alternate locations for the installation of this storm drain and thereafter to readvertise the matter for bids in accordance with his report made to the Council under date of April 15, 1974. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 1974. No. 21472. AN ORDINANCE providing for renewal of the employment of certain professio] engineering services necessary in pending annexation matters, upon certain terms and provisions; and providing for an emergency. WHEREAS, the Council is advised by the City Manager and the City Attorney that it is necessary to renew the engagement of professional engineering services in order to properly prepare and try certain annexation proceedings to which the City is a party; and WHEREAS, for the usual daily operation, of the City an emergency is deemed to exist, and that this ordinance should take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized and empowered, for and on behalf of the City, to enter into written agreement with ~ayes, Seay, Mattern and Mattern, Architects, Engineers and Planners, upon form approved by the City Attorney, employing said firm to advise and represent the City in technical and engineering matters relating to the annexation of territory by the City upon the following basis of compensation, viz: 1. (a) A basic fee equal to the actual payroll expenses for the personnel of the Engineer engaged in the work times a factor of 2.50; payroll expenses to include the cost of salaries and of mandatory and customary benefits. (b) For contractual services by others furnished through the Engineer on behalf of the City the fee shall be the actual contract cost plus ten (10) percent. (c) Miscellaneous reimbursements for expenses incurred by the Engineer in providing the services shall be made as follows: (1) Transportation Expenses - $0.14 per mile for automobile or actual commercial carrier fares if commercial carrier is used. (2) Subsistence, on authorized travel, Printing and Reproduction and Long Distance Telephone expenses at actual cost; .al 2'44 the obligation of the City under said agreement not to exceed $50,000 without approval of the Council expressed by ordinance; and said agreement to be terminable by either party on thirty day's written notice to the other party. BE IT FURTHER ORDAINED that an emergency exists, and that this ordinance shall take effect upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 1974. No. 21473. A RESOLUTION expressing the City's honor in the assignment of the name of ROANOKE to a new vessel of the United States Navy. WHEREAS, the Mayor has been informed by the Acting Secretary of the Navy that the name of ROANOKE has been assigned to the Navy's replenishment oiler AOR-7 in honor of the City of Roanoke and Roanoke River, and that that vessel, after its construction, launching and commissioning, will serve in the active fleet under the name of USS ROANOKE (AOR-7); and WHEREAS, said new vessel will be fourth in line in the United States Navy to have had the name ROANOKE, which fact this Body regards as high honor for the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body acknowledges with pride, on behalf of the citizens of the City, the honor and distinction given the City of Roanoke by the United States Navy in assigning the name ROANOKE to its new replenishment oiler AOR-7, to be later known as USS ROANOKE (AOR-7). BE IT FURTHER RESOLVED that the Mayor be and is requested to transmit to the Honorable J. William Middendorf II, Acting Secretary of the Navy, an attested copy of this resolution. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 1974. No. 21474. A RESOLUTION initiating and providing for the permanent closing, vacating, discontinuing and abandonment of those certain portions of Memphis Street, S. E., containing respectively 0.034 acres more or less and 0.049 acres more or less; appointing viewers to view said street; 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 due to the pending improvement of Memphis Street, S. E., near its intersection with Buena Vista Boulevard, S. E., those portions of Memphis Street, S. E., containing respectively 0.034 acres more or less and 0.049 acres more or less, are no longer needed nor desirable for use as a public thoroughfare, and should be permanently vacated, closed, discontin~ ed 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 portions of said street right-of-way 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 portions of Memphis Street, S. E.: PARCEL #1 BEGINNING at the existing northwest corner of Memphis Street and Buena Vista Boulevard, S. E., a corner to Lot 5, Block 3, Revised Map of B. A. Circle; thence, along the west side of Buena Vista Boulevard extending into Memphis Street, S. 2© 46' 15" W., 16.98 feet to a point; thence, with a curved line to the right, having a radius of 25.00 feet, a chord bearing and dis- tance of S. 53© 14' 30" W., 38.56 feet and an arc distance of 44.04 feet to a point; thence, with another curved line to the right, having a radius of 125.00 feet, a chord bearing and distance of N. 67© 22' 50" W., 38.70 feet and an arc distance of 38.86 feet to a point on the existing north line of Memphis Street, S. E.; thence, with same, N. 69© 33' E., 71.97 feet to the point of Beginning, containing 0.034 acres and being a portion of Memphis Street, S. E., to be vacated. ~n PARCEL #2 BEGINNING at a point on the westerly side of Memphis Street, S. E., said point being S. 20© 27' E., 23.00 feet from the original corner between Lots 18 and 19, Block 1, Revised Map of B. A. Circle; thence, leaving said Beginning point and with a curved line to the left, having a radius of 175.00 feet, a chord bearing and distance of S. 43© 43' E., 138.25 feet and an arc distance of 142.12 feet to a point on the southerly side of Memphis Street, S. E.; thence, with the original line of Memphis Street, S. 69© 33' W., 54.61 feet and N. 20© 27' W., 127.00 feet to the point of Beginning, containing 0.049 acres and being a portion of Memphis Street, S. E., to be vacated. BE IT FURTHER RESOLVED that pursuant to the provision of the law for such cases made and provided, Messrs. Lester K. Stover, Jr., George W. Overby, Edward H. Brewer, Jr., James L. Trinkle, and Harold W. Harris, Jr., any three or more of whom may act, are hereby appointed viewers in accordance with the aforesaid statute, to view said street and report in writing to this Council whether in their opinion any, and if any, what inconvenience would result from permanently abandoning, closing, discontinuing and vacating the same; and BE IT FINALLY RESOLVED that a public hearing on the question be held before the Council at its regular meeting on the 29tn day of April, 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: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 1974. No. 21475. AN ORDINANCE to amend and reordain Section #89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ATTEST: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #89 Off Street Parking Facility (1) ......... $45,576.00 (1) Net Increase --- $45,576.00 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 22nd day of April, 1974. No. 21476. AN ORDINANCE to amend and reordain Section #75, "Parks and Recreation," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #75, "Parks and Recreation," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PARKS AND RECREATION #75 Personal Services ............... $552,217.50 Seasonal Help (1) ............... 27,900.00 (1) Net increase --- $10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance APPROVED ATTEST: Deputy City Clerk Mayor shall be in effect from its passage. 248 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of April, 1974. No. 21477. ATTEST: AN ORDINANCE to amend and reordain Section #80, "Libraries," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 980, "Libraries," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIBRARIES 980 Vehicular Equipment - New (1) ................................. $18,274.00 (1) Net increase --- $18,274.00 100% reimbursable 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 22nd day of April, 1974. No. 21478. A RESOLUTION accepting a Federal grant made to the City of Roanoke by the United States of America, through the State Library Board, for Public Library purposes; and authorizing the City Manager to execute a requisite Grant Acceptance Agreement as evidence of the City's acceptance thereof. WHEREAS, approval has been given by the State Library Board and by requisite Federal authorities of the City's application heretofore made for a grant of Federal funds to provide a bookmobile for the City's Public Library System, to serve said City of Roanoke and the County of Craig; and the City Manager has recommended that he be authorized to execute an agreement accepting said grant. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City of Roanoke does hereby accept the Grant Offer made to the City by the United States of America, acting through the State Library Board, of $18,274.00 of Federal funds to provide bookmobile services to the City's Public Library System, to serve the City of Roanoke and the County of Craig; and that the City Manager be and he is hereby authorized to execute a requisite agreement accepting the same and agreeing, on behalf of the City to such provisions necessary to be contained in said agreement as are first approved by the City Attorney. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of April, 1974. No. 21479. AN ORDINANCE to amend and reordain Section #290, "Water - Distribution and Transmission," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #290, "Water - Distribution and Transmission," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER - DISTRIBUTION AND TRANSMISSION #290 Personal Services (1) ..................... $364,019.00 Operating Supplies and Materials (2) ............................ 25,000.00 (1) Net increase $5,000.00 (2) Net decrease --- 5,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor ?5O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of April, 1974. No. 21480. 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 Main Fire Station 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 Main Fire Station 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 on April 22, 1974, has recommended that the City engage the services of Wells, Meagher & McManama, Architects, 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 fire station, 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 Wells, Meagher & McManama, Architects, upon standard form of agreement designated AIA Document B131, April 1970 Edition, as such form is modified and approved by the City Attorney consistent herewith, employing the services of said architects to prepare and provide to the City adequate plans, drawings and specifications, necessary contract documents and general construction supervision, together with assistance and advice in site studies and selection, in order to provide for the construction of a new Main Fire Station for the City, upon a site to be 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 fire station, 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 $25.00 per hour for the time of the three 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 of professiona2 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 ~mn,~e~ ~ n~ ~ At~nl~ 5 ~{ ~he ~ontract. as said article has been modified; 25i ATTEST: 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 architects will provide planning studies, site evaluations and comparative studies of prospective sites 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 responsbile only for negligent errors and omissions in said plans; that Paragraphs 1.3.3, 1.3.7, 1.3.15, 1.3.17, 11.1, 11.2 and 11.3, as contained in the printed form of contract be deleted; and that Paragraphs 5.1.1, 5.1.2, 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 Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of April, 1974. No. 21482. AN ORDINANCE authorizing employment of certain professional consulting services for securing of a grant from the Urban Mass Transit Administration to be used by the City in connection with acquiring a public mass transit system for the City, not to exceed $8,000.00; and providing for an emergency. WHEREAS, the Council's Transportation Committee has recommended to the Council that the services of William B. Hurd, a professional transportation consultant, be engaged by the City, by written contract, for the purposes of assisting the City in securing a grant from the Urban Mass Transit Administration to be used by the City in connection with acquiring a public mass transit system for the City, at a cost of $250.00 per day plus out of pocket expenses, for such services, but not to exceed the total sum of $8,000.00 without further authorization of Council; and the Council, considering said Committee's report, concurs in the recommendations made therein; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. 252 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of William B. Hurd, professional transportation consultant, made to the City to assist in securing a grant from the Urban Mass Transit Administration to be used by the City in connection with acquiring a public mass transit system for the City at a cost of $250.00 per day plus out of pocket expenses, to be paid on monthly billings, but not to exceed the sum of $8,000.00, cash, without further authorization of Council, be and said proposal is, hereby, ACCEPTED. BE IT FURTHER ORDAINED that the City Manager is hereby authorized and directed, for and on behalf of the City, to enter into written agreement, upon form approved by the City Attorney, with William .B. Hurd, to perform those professional services hereinabove described. 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 April, 1974. No. 21483. AN ORDINANCE to amend and reordain Section #96, "Transportation," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #96, "Transportation," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSPORTATION #96 Fees for Professional and Special Services (1) .................. $124,900.00 (1) Net increase --- $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 22nd day of April, 1974. No. 21485. AN ORDINANCE to amend and reordain Section #81, "Total Action Against Poverty," and Section #89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #81, "Total Action Against Poverty," and Section #89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: TOTAL ACTION AGAINST POVERTY #81 City's Contribution to the Operation of T.A.P. (1) .......................... $91,714.00 TRANSFERS TO CAPITAL IMPROVEMENTS FUND #89 Acquisition of Land on llth and 12th Streets, S. W., for Park and Recrea- tional Purposes (2) .................... 90,000.00 (1) Net decrease --- $90,000.00 (2) Net increase --- 90,000.00 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 22nd day of April, 1974. No. 21486. A RESOLUTION relating to the City's acquisition of certain lands wanted and needed by the City for park and recreational purposes in the southwest section of the City. WHEREAS, the Council's Community Relations Committee has recommended to the Council that the City needs and should acquire the lands hereinafter described for park and recreational purposes in the southwest section of the City; in all of which the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 254 1. That the City of Roanoke needs, wants and should acquire for park and recreational purposes in the southwest portion of the City, the following described property, namely: (a) All of the lots contained in the block lying between llth Street and 12th Street, S. W., and fronting on Jackson Avenue, S. W., in the southwest section of the City of Roanoke. BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized and directed to negotiate with each and every owner of the several lots or parcels of land comprising the hereinabove described property in an effort to acquire the same, in fee simple, for the City, offering to obtain for the City valid purchase options or proposed contracts of sale from said owners to the City based upon purchase prices or considerations considered, in each case, fair and reasonable, and, in so doing, to cause necessary appraisals to be made of those of said properties deemed necessary to be appraised; and that the City Attorney be and is hereby directed to provide in all such instances the necessary and appropriate legal services in and about the preparation of purchase option agreements, contracts of sale and other legal documents, papers and services necessary in the premises; all of which shall be reported back to the Council for subsequent approval and confirmation as to the terms of all such acquisitions. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of April, 1974. No. 21487. AN ORDINANCE to amend and reordain "Transfers Within Capital Improve- ments Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that "Transfers Within Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 255 TRANSFERS WITHIN CAPITAL IMPROVEMENTS FUND Vocational Technical Center CIP-69 (1) ............ $918,000.00 Purchase School Buses (2) ......................... $ 72,000.00 (1) Net decrease (2) Net increase $72,000.00 $72,000.00 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 29th day of April, 1974. No. 21481. AN ORDINANCE authorizing the execution of a lease between the City of Roanoke and The First National Exchange Bank of Virginia for certain space in the Terminal Building at the Roanoke Municipal Airport, upon certain terms and conditions. WHEREAS by Resolution No. 20763, adopted by the Council on March 19, 1973, the Council approved, generally, a proposal for the leasing of certain space in the new Terminal Building at Roanoke Municipal (Woodrum) Airport to be utilized as an airport branch bank and did direct the proper City officials to confer and negotiate with said bank the terms and provisions of a written lease of approximately 325 square feet of space in said new terminal building and thereafter to make report to the Council; and WHEREAS, the City Manager has, by report dated April 22, 1974, transmitte such negotiated lease, a copy of which is on file in the office of the City Clerk, to the Council with the recommendation that the same be approved, in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be and they are hereby authorized to execute and attest, respectively, for and on behalf of the City, a lease between the City and The First National Exchange Bank of Virginia, drawn on form prepared and approved by the City Attorney, pursuant to which the City will lease to said bank approximately 325 square feet of space in the new Terminal Building at Roanoke Municipal (Woodrum) Airport, for use as an airport branch bank, for a term of ten (10) years, commencing on the first day that the lessee commences its banking operations in the leased premises or thirty (30) days after the receipt of written notification that the premises are ready for occupancy, 256 at a minimum annual rental of $3,642.00 payable in equal monthly installments, with the right, at the option of the lessee, to renew said lease for an extended term of ten (10) years, said lease to be considered so renewed unless upon ninety (90) days' notice from the lessee that it will not be so renewed; and if so renewed, the rental to be adjusted on the first day of the extended term and again, at the commencement of the sixth year of the extended term on the basis of fifty percent (50%) of any percentage change in the Consumer Price Index, using December 1974 as a base index for any such change. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1974. No. 21484. AN ORDINANCE authorizing and providing for the City's sale and conveyance to the Trustees of the Garden City Baptist Church of certain lots or parcels of land known as Official Nos. 4390425, 4390426, 4390427, 4390428, 4390429 and 4390430, as shown on the Tax Appraisal Map of the City of Roanoke and of portions of land in former portions of Moffett Avenue, S. E., David Street, S. E., and in a former alley, abutting said lots, each of which was heretofore vacated and closed by Ordinance No. 20560, upon certain terms and conditions. WHEREAS, the Trustees of the Garden City Baptist Church, through their attorney, have offered to the City to purchase and acquire from the City for said church congregation those certain lots or parcels of land, formerly abutting on David Street, S. E., now closed, and also, portions of former David Street, S. E., Moffett Avenue, S. E., and a certain alley abutting the rear of said lots, in the City of Roanoke, for the sum of $2,500.00, cash; and the Council's Real Estate Committee has recommended to the Council that the sale of said lots and abutting portions of said former streets and alley be approved and ordered on the terms and provisions herein provided, in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of the Trustees of the Garden City Baptist Church to purchase and acquire from the City those certain lots or parcels of land situate in the City of Roanoke, known and described as Official Nos. 4390425, 4390426, 4390427, 4390428, 4390429 and 4390430, as shown on the Tax Appraisal Map of the City of Roanoke, together with the City's right and interest in one-half (1/2) of the land in the former right-of-way for Moffett Avenue, S. E., David Street, S. E., and a certain alley at the rear of said lots, as said former streets and alley are shown to abut said lots or certain of them, for a consideration of $2,500.00, cash, to be paid to the City upon delivery of the City's deed of conveyance hereinafter authorized to be made and executed, and with the 1974 Real Estate Taxes to be prorated and assessed on said lots from the date of conveyance, be, and said offer is hereby ACCEPTED; and BE IT FURTHER ORDAINED that, upon payment to the City of the sum of $2,500.00, cash, as aforesaid, the Mayor be, and he is hereby authorized, empowered and directed to execute, for and on behalf of the City, the City's deed of conveyance to the aforesaid lot or parcel of land, drawn upon such form as is prepared and approved by the City Attorney, granting and conveying with Special Warranty of title, to the Trustees of the Garden City Baptist Church, title to the abovedescribed land; and that the City Clerk be, and is hereby authorized and directed to affix to the aforesaid deed of conveyance the City's seal, and to attest the same, the signatures of the Mayor and the City Clerk to be acknowledged by each of them as provided by law; thereafter said deed to be delivered to the City's said grantees. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1974. No. 21492. AN ORDINANCE to amend and reordain certain sections of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as ~ollows, in part: CONTINGENCIES #98 Contingency Reserve (1) .................. $ 73,289.86 JUVENILE AND DOMESTIC RELATIONS COURT 919 Communications (2) ....................... 5,228.80 POLICE 945 Communications (3) ....................... 15,780.50 TRAFFIC ENGINEERING AND COMMUNICATIONS 957 Communications (4) ....................... 12,185.00 Other Equipment - New (5) ................ 47,318.00 258 MUNICIPAL BUILDING 963 Rentals (6) .............................. 18,145.84 MAINTENANCE OF CITY PROPERTY #64 Maintenance of Buildings and Property (7) ........................ 357,775.00 (1) Net decrease --- $18,501.80 (2) Net increase --- (3) Net increase --- (4) Net increase --- (5) Net increase --- (6) Net increase --- (7) Net increase --- 728.80 680.50 4,335.00 5,450.00 3,312.50 3,995.00 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 April, 1974. No. 21493. AN ORDINANCE to amend and reordain Section %2, "City Clerk," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section %2, "City Clerk," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY CLERK %2 Printing and Office Supplies (1) ........................... $9,400.00 (1) Net increase --- $900.00 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 April, 1974. No. 21494. AN ORDINANCE to amend and reordain Section #96, "Transportation," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 996, "Transportation," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSPORTATION #96 Fees for Professional and Special Services (1) ................... $138,900.00 (1) Net increase ....... $14,000.00 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 29th day of April, 1974. No. 21495. 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 May, 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: 2.60 (1) The City of Roanoke shall pay to Roanoke City Lines, Inc., successor in interest to the com- panies, the sum of $18,000.00 for the period commencing May 1, 1974, and ending May 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 $18,000.00 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 May 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 30th day of September, 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. ATTEST: Deputy City Clerk APPROVED 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 29th day of April, 1974. No. 21496. AN ORDINANCE exercising an option to purchase certain land situate on the north side of Church Avenue, S. W., and for proper notification of such exercise to the owner thereof; directing the acquisition of such property, upon certain terms and conditions; and providing for an emergency. WHEREAS, by its Resolution No. 21349, the Council of the City of Roanoke directed to be recorded in the local Clerk's Office a certain written purchase option agreement, dated January 17, 1974, tendered to the City by the Colonial-American National Bank, Trustee, under the will of E. A. Thurman, deceased, granting to the City the right and option, until May 16, 1974, to purchase and acquire from said optionor certain land situate in the City of Roanoke, generally known and described as all of Lots 48, 49, 50, 51 and part of Lot 52, according to the W. W. Coe Map, located on the north side of Church Avenue, S. W.; and WHEREAS, the lands abovedescribed are wanted and needed by the City for public purposes in connection with the City's new jail facility to be construct~ and the Council is of opinion that the aforesaid purchase option agreement should be exercised, and that said property should be acquired upon the terms and conditions hereinafter set forth; and WHEREAS, funds sufficient for the hereinafter authorized acquisition have been appropriated for the purpose, and for the usual daily operation of the municipal government, and to provide for the orderly development and use of the City's entire Municipal Complex, 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 as follows: (a) That the written offer of the Colonial-American National Bank, Trustee, under the will of E. A. Thurman, deceased, and heretofore recorded in the local Clerk of Courts' Office, to grant and convey to the City of Roanoke that certain land situate in said City, generally known and described as all of Lots 48, 49, 50, 51 and part of Lot 52, according to the W. W. Coe Map, located on the north side of Church Avenue, S. W., bearing Official Tax Nos. 1011323, 1011324 and 1011325, for the sum of $110,000.00, cash, be, and said offer is hereby ACCEPTED, and the City Clerk be and is hereby directed to notify, forthwith, said owner, of the City's aforesaid election, by mailing to it, by certified mail, an attested copy of this ordinance; and 262 (b) That the City Attorney proceed to prepare the necessary instrument of conveyance, and that, upon delivery to the City of a good and sufficient deed of conveyance granting and conveying to the City the land more particularly described in the aforesaid purchase option agreement, such deed to contain special warranty of title, and such conveyance to be made free of all encumbrances, the City Auditor be, and is hereby authorized and directed to issue the City's check in payment of the purchase price of $110,000.00, aforesaid, made payable to such person or persons as are certified by the City Attorney to be entitled thereto. 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 April, 1974. No. 21497. 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 23rd day of April, 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 April 29, 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, concurred in by the City Manager, to be the only bid made to the City for the supply 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 17 new two-way solid state mobile radios, Motorola T43RTN-1190K and T43BBA-1300K, 14 new two-way solid state portable radios, Motorola H23FFN-1130N and 2 new battery chargers for the portable radios, meeting all of the City's advertised specifications and requirements, for a net price of $22,316.00, cash, plus the transfer and delivery to said bidder of 14 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 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 and battery chargers, 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 and battery chargers 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 Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1974. No. 21498. AN ORDINANCE providing for the purchase of one new library bookmobile with new 1974 model chassis, and a new mobile two-way radio, upon certain terms and conditions; accepting a certain bid and certain offer made to the City for furnishing and delivering said equipment; rejecting other bids made to the City; and providing for an emergency. WHEREAS, on April 22, 1974, and after due and proper advertisement had been made therefor, three (3) bids for the supply to the City of the library bookmobile 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 recommendation to the Council through the City Manager; and 264 WHEREAs, none of the bidders bid on or offered to supply the required mobile two-way radio for said library bookmobile, but Motorola, Incorporated, has offered to provide same, which offer the committee's written report and recommendation recommends be accepted; and WHEREAS, the City Manager, concurring in the committee's report has transmitted the same to the Council, recommending award of the contracts as hereinafter provided; and the Council, considering all of the same, has determined that the bid and offer hereinafter accepted are the lowest and best bid and offer 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, 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 Vacation Trailer Sales, made to the City, offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, one new library bookmobile with a new 1974 Dodge RM300 chassis, for a total net purchase price of $14,790.00, cash, be and said bid, subject to approval of the Library Board of the State of Virginia, is hereby ACCEPTED; and 2. That the offer of Motorola, Incorporated, to furnish and deliver to the City, f.o.b., Roanoke, one (1) Motorola Micor, Model T73RTN-1100K mobile two-way radio for the aforementioned library bookmobile at a net purchase price of $980.00, cash, be and said offer, subject to the approval of the Library Board of the State of Virginia, is hereby ACCEPTED; and 3. That the City's Purchasing Agent be, and he is hereby authorized and directed, upon receipt of the aforesaid approval from the Library Board of the State of Virginia, to issue the requisite purchase orders therefor, incorporating into said orders the City's specifications, the terms of the proposals of both Vacation Trailer Sales and Motorola, Incorporated, and the terms and provisions of this ordinance; the cost of said vehicle and radio, when delivered, to be paid for out of funds heretofore or contemporaneously being appropriated for the purpose; and upon delivery to the City of the aforesaid vehicle and radio and upon the City's acceptance of same, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment to said Vacation Trailer Sales and Motorola, Incorporated, resPectively, of the aforesaid purchase prices, not to exceed the sums hereinabove set out. BE IT FURTHER ORDAINED that the other bids made to the City for the supply of the aforesaid vehicle 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 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 April, 1974. No. 21500. AN ORDINANCE authorizing the City's purchase of Official No. 1011612, being Parcel No. 2 as set out in Ordinance No. 21398, upon certain terms and conditions; and providing for an emergency. WHEREAS, Ordinance No. 21398 adopted March 4, 1974, authorized the City's acquisition of the property hereinafter described for a purchase price of $158,500.00, cash, and subsequent thereto and as a result of negotiations had with the property owner an offer in writing has been made by said owner to sell and convey the property to the City for the sum of $159,000.00, cash, which is recommended by the City Manager and the City Attorney 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 written offer of Anita D. Lee dated April 23, 1974, to sell and convey to the City Lot 15, Block 2, SW 1, as shown on the Map of the Official Survey and being Official No. 1011612 on the Tax Appraisal Map of the City, for a consideration of $159,000.00, 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. ATTEST: 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 29th day of April, 1974. No. 21501. AN ORDINANCE to amend and reordain Section #89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the council of the City of Roanoke that Section #89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: Capital Outlay from' Bond Funds (1) ........ $5,000,000.00 (1) CIP 95 Parking Garage 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 April, 1974. No. 21502. AN ORDINANCE accepting the proposal of Adams Construction Company for performing certain miscellaneous, small area hard surface street and sidewalk restoration; authorizing the proper City officials to execute the requisite contract; rejecting all other bids; and providing for an emergency. WHEREAS, at the meeting of Council held on April 22, 1974, and after due and proper advertisement had been made therefor, three (3) bids for performing street and sidewalk restoration occasioned by the normal daily operations of the City's Utility Lines Maintenance Department were received and were opened and read before the Council, whereupon all said bids were referred to a committee for tabulation and study and for recommendation to be made thereto to the Council; and WHEREAS, said Committee has reported to the Council in writing its tabulation of bids, from which and upon said committee's report it appears that the bid of Adams Construction Company, in the sum of $127,277.00, based on estimated quantities, is the lowest and best bid received by the City for the performance of said work; and WHEREAS, sums sufficient to pay for the cost of the contract hereinafter authorized have been appropriated by the Council for the purpose; and for the usual daily operation of the Utility Lines Maintenance Department, a department of the municipal government, an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of Adams Construction Company for performing miscellaneous, small area improved hard surface street and sidewalk restoratio~ occasioned by the normal daily operation of ~the Utility Lines Maintenance Departmen' , in full accordance with the City's plans and specifications, and during the period of time mentioned in said specifications, at the unit prices and for not more than the estimated sum of $127,277.00, which proposal is on file in the office of the City Clerk, be, and said proposal is hereby ACCEPTED; and 2. That the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and attest, respectively, a requisite contract with the aforesaid bidder, incorporating therein the aforesaid specifications, said bidder's proposal and the provisions of this ordinance, the form of which said contract shall be approved by the City Attorney; and 3. That the proposals of the other bidders for the performance of said work be, and the same are hereby REJECTED; and the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor 268 IN THE COUNCIL OF THE'CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1974. No. 21504. AN ORDINANCE to amend and reordain Section #89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #89 Mill Mountain Zoo ......................... $130.00 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 April, 1974. No. 21505. A RESOLUTION relating to MARSHALL L. HARRIS, retiring Manager of the Roanoke Municipal Airport. WHEREAS, it has been called to the attention of this Council that Marshall L. Harris will retire on the 3rd day of May, 1974, from the active service of the City and from the position of Manager of the Roanoke Municipal Airport; and WHEREAS, having been appointed to that position in January 1945, as its manager and, later, as an ex-officio member of the Council's Airport Advisory Commission, he has been closely associated with and to a large degree responsible for development of the Airport during the period of his managership, seeing its runways extended, its Terminal facilities first provided and now undergoing enlargements, its commercial activities vastly increased and its passenger use growing from approximately one hundred per month to its present one thousand per day useage; and WHEREAS, his lifelong interests in aviation, his abilities acquired as an airport manager and his unswerving desire to see the Roanoke Municipal Airport developed and used to its highest potential have gained for him recognition in his chosen fields of endeavor. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body, recognizing the able and loyal services that MARSHALL L. HARRIS has rendered the City and its citizens and those multitudes of persons arriving and departing the City at its Municipal Airport, extends to him on the occasion of his retirement on May 3, 1974, as Manager of the Roanoke Municipal Airport this gesture of thanks and appreciation for a job well done; and wishes for him in his retirement and in his continued private activities in aviation good health and the greatest of success and enjoyment in that field of activity with which he has so long been associated. BE IT FURTHER RESOLVED that a copy of this resolution be sealed and attested, and that it be appropriately delivered to Marshall L. Harris upon occasion of his actual retirement from the service of the City. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1974. No. 21506. A RESOLUTION stating the need for and urging reinstatement of rail passenger service between Norfolk, Virginia and Cincinnati, Ohio, by way of Roanoke. WHEREAS, this Body is gratified to be advised that the Subcommittee on Transportation of the Senate Appropriations Committee, in Congress, has approved a proposal made by the Subcommittee Chairman, Senator Robert C. Byrd, that rail passenger service be reinstated from Norfolk to Cincinnati over the route for many years operated by the Norfolk and Western Railway Company, the loss of which service in May 1971, has left the City of Roanoke and other communiti~ in Virginia on the route of Norfolk and Western's main line through the State, without rail passenger service and has similarly left Bluefield, Welch, Fort Gay, Williamson and Kenova, in West Virginia, without rail passenger service, depriving all said communities in both states of ready access to the business and vacation area of Norfolk and to the business area and commercial area of Cincinnati and Chicago; and 27O WHEREAS, this Council heretofore, upon the formation of the National Railroad Passenger Corporation and the inception of its Amtrak intercity rail passenger system, strongly plead that rail passenger service between Norfolk and Cincinnati over Norfolk and Western's track lines not be discontinued, urging that that route would serve many more passengers, would be accessible to a greater percentage of the State's population and would better meet the needs of public convenience and necessity than would the more northerly route between the two aforesaid cities and that Roanoke being the metropolitan center of the western portion of Virginia, would supply invaluable sources of business to the overall intercity rail system now operated by the National Railroad Passenger Corporation; and WHEREAS, this Council readily supports the current request of the Honorable Robert C. Byrd and urges that the Senate Appropriations Committee and, later, the United States Senate accede to Senator Byrd's proposal by appropriat~ funds to provide for the reinstatement of the needed passenger transportation service to the aforesaid communities. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Senate Appropriations Committee and the United States Senate be, and are hereby respectfully urged to appropriate to the National Railroad Passenger Corporation's 1975 Budget funds sufficient to provide by the Amtrak system rail passenger service between Norfolk and Cincinnati on the Norfolk and Western's route from Norfolk to Cincinnati; and that the Members of the Congress from Virginia be and each of them is requested to exert his best efforts in accomplishing reinstatement of such service. BE IT FURTHER RESOLVED that attested copies of this resolution be transmitted to Senator Harry F. Byrd, Jr., Senator William L. Scott, Senator Robert C. Byrd and to Congressman M. Caldwell Butler, and that there be attached to copies of this resolution an attested copy of Resolution No. 19583, adopted by the Council on March 15, 1971. ATTEST: APPROVED Deputy City Clerk Mayor ~g o7i IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1974. No. 21488. AN ORDINANCE abandoning, vacating, discontinuing and closing a certain unopened and unused alley approximately 12 feet in width and running in a westerly direction 235 feet, more or less, from the west side of Yeager Avenue, N. E., and lying between the south boundry of Lots 13, 14, 15, 16 and 17, Block 9, Map No. 2, East Gate Addition, and being respectivelY Official Tax Numbers 3341113, 3341114, 3341115, 3341116 and 3341117, and the north boundry of Lots 7, 8, 9, 10, 11 and 12, Block 9, Map No. 2, East Gate Addition, and being respectiw ly Official Tax Numbers 3341107, 3341108, 3341109, 3341110, 3341111 and 3341112, as shown on the Official Appraisal Map of the City of Roanoke, Virginia. WHEREAS, Charlie E. Bane and Phoebe J. Bane, husband and wife, have heretofore filed their petition before Council in accordance with Section 15.1- 364 of the Code of Virginia of 1950 requesting COuncil to permanently abandon, vacate, discontinue and close the above described alley; and WHEREAS, in accordance with the prayer of said petition, viewers were appointed by Council on the 28th day of January, 1974, to view the property and report in writing whether or not in their opinion any, and if any, what inconvenience would result from permanently abandoning, vacating, discontinuing and closing said alley; and WHEREAS, it appears from the duly verified report of three of said viewers filed with the City Clerk on the 22nd day of February, 1974, that no inconvenience would result either to any individual or to the public from permanent2 abandoning, vacating, discontinuing and closing said alley; and WHEREAS, it further appears that petitioners agree to bear all expense of this proceeding; and WHEREAS, it further appears from a communication filed with the Clerk of the Council on the 7th day of March, 1974, that the City Planning Commission recommends the granting of the prayer of the petition but subject to an eight (8) inch sewer line extending through this twelve (12) foot alley; and WHEREAS, on the 29th day of April, 1974, a public hearing to consider the closing of said alley herein requested was held before City Council and no objection was heard from any citizen to the request for closing. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that the following described alley: 272 BEING a certain unopened and unused alley approximately 12 feet in width and running in a westerly direction 235 feet, more or less, from the west side of Yeager Avenue, N. E., and lying between the south boundary of Lots 13, 14, 15, 16 and 17, Block 9, Map No. 2, East Gate Addition, and being respectively Official Tax Numbers 3341113, 3341114, 3341115, 3341116 and 3341117, and the north boundary of Lots 7, 8, 9, 10, 11 and 12, Block 9, Map No. 2, East Gate Addition, and being respectively Official Tax Numbers 3341107, 3341108, 3341109, 3341110, 3341111 and 3341112, as shown on the Official Appraisal Map of the City of Roanoke, Virginia, be, and hereby is, permanently abandoned, vacated, discontinued and closed and that all right, title and interest of the City of Roanoke and the public therein is hereby released insofar as the Council is so empowered to do, reserving, however, unto the City of Roanoke an easement for any sewer lines or water mains that may now or hereafter be located across said property, together with the right of ingress and egress for the maintenance of such lines and mains. BE IT FURTHER ORDAINED that the Clerk of this Council do forthwith certify to the Clerk of the Circuit Court for the City of Roanoke, Virginia, a copy of this ordinance for recordation in the deed books of his office and a like copy to the City Engineer so that he may show on all maps in his office the closing of said alley. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1974. No. 21489. AN ORDINANCE permanently vacating, discontinuing and closing that certain portion of old Hamilton Terrace, S. E., extending from the present relocated southerly side of Hamilton Terrace, S. E., in a southerly direction to its intersection with the present northerly side of Belleview Avenue, S. E. WHEREAS, Roanoke Hospital Association heretofore made application to the City of Roanoke, virginia, that the street hereinafter described be permanently vacated, discontinued and closed, after having first posted a notice of the intended application as provided by law; and WHEREAS, the Council of the City of Roanoke, Virginia, on the 28th day of January, 1974, adopted Resolution No. 21324, appointing Messrs. R. Lee Mastin, Fred De Felice and L. Elwood Norris, all three of whom to act as viewers to view the aforesaid street and report in writing pursuant to the provisions of Section 15.1-34 of the Code of Virginia of 1950, as amended to date, whether in their opinion any, and if any, what inconvenience would result from discontinuin¢ the same; and P73 WHEREAS, the three said viewers did visit and view the aforesaid street and the adjacent neighborhoods and did report in writing that in their opinion no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing said street; WHEREAS, this matter has been referred to the Planning Commission of the City of Roanoke, Virginia, which said Commission has approved the permanent vacating, discontinuing and closing of said street; and WHEREAS, a public hearing on the aforesaid application to permanently vacate, discontinue and close said street was held, after a notice thereof was duly advertised in The Roanoke World-News on April 12, 1974, advising the public of the said public hearing before this Council on Monday, April 29, 1974, at 7:30 p.m., on said day, at which meeting there was expressed no objection or opposition to vacating, discontinuing and closing said street; and WHEREAS, in the opinion of this Council, no inconvenience to the public or any owner will result if said street be vacated, discontinued and closed for the purposes set forth in the aforesaid application; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain street located in the City of Roanoke, Virginia, shown on Sheet No. 406 of the Tax Appraisal Map of the City of Roanoke, Virginia, and more particularly described as follows, to wit: That certain portion of old Hamilton Terrace, S. E., extending from the present relocated southerly side of Hamilton Terrace, S. E., in a southerly direction to its intersection with the present northerly side of Belleview Avenue, S. E. be and the same is hereby permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke, Virginia, and the public in and to the same be and they are hereby released insofar as the Council is empowered so to do, the City of Roanoke reserving unto itself, however, a perpetual easement for sewer lines, drains, water lines and other public utilities which may now be located in the aforesaid street. BE IT FURTHER ORDAINED that the City Engineer be and he is hereby directed to mark "Permanently Vacated, Discontinued and Closed" said street on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, Virginia, on which said street is shown, referring thereon to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread; and the City Clerk is directed to transmit an attested copy hereof to the Clerk of the Circuit Court of the City of Roanoke, Virginia, for recordation in said Clerk's Office. ATTEST APPROVED Deputy City Clerk Mayor 274 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1974. No. 21490. AN ORDINANCE providing for the dedication by deed of certain land for public street purposes adjacent to Roanoke Memorial Hospital shown as double cross-hatched on a sketch showing portions of Hamilton Terrace, S. E., and Bellview S. E., to be closed, relocated and dedicated for public street purposes, prepared in the Office of the City Engineer under date of April 8, 1974, being portions of Official Nos. 4060101 and 4060201; under provisions of the City's Land Subdivision Ordinance. WHEREAS, by Ordinance No. 21054, heretofore adopted by the Council on August 6, 1973, the Council authorized the donation by conveyance to Roanoke Memorial Hospital Association of a certain parcel of land containing approximately 1.35 acres, lying to the west of and adjacent to Bellview Avenue, S. E., and east of Hamilton Terrace, S. E., for the construction thereon of a parking facility, upon certain terms and conditions; and WHEREAS, said Association has thereafter petitioned the Council to vacate, discontinue and close that certain portion of old Hamilton Terrace, S. E., extending from the present relocated southerly side of Hamilton Terrace, S. E., in a southerly direction to its intersection with the present northerly line of Bellview Avenue, S. E., and the City Planning Commission, having considered the matter, has recommended the vacation, closing and discontinuance of such portion of said street, which action, the Council is advised, will necessitate the dedication for public street purposes, of certain adjacent lands out of Official Nos. 4060101 and 4060201, so as to maintain a proper and functional system of the streets and intersections for vehicular traffic in and around said Roanoke Memorial Hospital. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and City Clerk be and they are hereby authorized and empowered to seal and attest, respectively, a deed of dedication, approved as to form by the City Attorney, which would accomplish the City's dedication of approximately 4,600 square feet of land out of Official No. 4060201, and of approximately 15,000 square feet of land out of Official No. 4060101, adjacent to Roanoke Memorial Hospital shown as double cross-hatched on a sketch showing portions of Hamilton Terrace, S. E., and Bellview Avenue, S. E., to be closed, relocated and dedicated for public street purposes, prepared in the Office of the City Engineer under date of April 8, 1974, so as to provide for a proper and functional system of a relocated portion of Hamilton Terrace, S. E., as the same intersects Bellview Avenue, S. E., and as said Bellview Avenue, S. E., intersects South Jefferson Street, all as indicated and shown on the aforesaid sketch prepared in the Office of the City Engineer, and portions of which are shown on a map entitled "Plat showing survey - property of City of Roanoke to be conveyed 275 to Roanoke Hospital Association situate between Hamilton Terrace and Bellview Avenue, Roanoke, Virginia", prepared under date of August 30, 1973, by David Dick, Certified Land Surveyor, copies of both of which are on file in the Office of the City Engineer. BE IT FURTHER ORDAINED that such deed, with copy of the aforesaid sketch of the City Engineer attached thereto, be admitted to record in the local Clerk's Office. (For copy of the aforesaid sketch, see original ordinance, which is on file in the City Clerk's Office.) ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1974. No. 21491. AN ORDINANCE permanentlY vacating, discontinuing, and closing certain portions of Memphis Street, S. E., containing 0.034 acres, more or less, and 0.049 acres, more or less, the title to which said portions of said street shall revert to the abutting owner or owners; and authorizing the payment of viewers in connection with said street closing. WHEREAS, the Council has heretofore on its own motion proposed the permanent closing, vacating, and discontinuing of the portions of Memphis Street hereinafter described and did, by Resolution No. 21474, appoint viewers to view said street and to report to the Council as provided by law; and on recommenda~ of the City Planning Commission to the Council to permanently close, vacate, and discontinue said street and alley; and WHEREAS, Messrs. Edward H. Brewer, Jr., Lester K. Stover, Jr., and Harold W. Harris, Jr., three of the viewers heretofore appointed as aforesaid, after making oath that they would faithfully and impartially discharge their duties as viewers, have taken a view of said portions of said street and have reported to the Council in writing under date of April 29, 1974, that in their opinion no inconvenience would result, either to any individual or to the public, from permanently vacating, closing and discontinuing said portions of said street; and the City Planning Commission has recommended to the Council in writing that said portions of said street be permanently vacated, closed, and discontinued; and ion 6 WHEREAS, at a public hearing on the question of the closing of said street, held at the Council meeting on the 29th day of April, 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 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 the portions 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 abutting owner or owners. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following described portions of Memphis Street situate in the City of Roanoke, to-wit: (a) BEGINNING at the existing northwest corner of Memphis Street and Buena Vista Boulevard, S. E., a corner to Lot 5, Block 3, Revised Map of B. A. Circle; thence, along the west side of Buena Vista Boulevard extending into Memphis Street, S. 2© 46' 15'! W. 16.98 feet to a point; thence, with a curved line to the right, having a radius of 25.00 feet, a chord bearing and distance of S. 53© 14' 30" W., 38.56 feet and an arc distance of 44.04 feet to a point; thence, with another curved line to the right, having a radius of 125.00 feet, a chord bearing and distance of N. 67© 22' 50" W., 38.70 feet and an arc distance of 38.86 feet to a point on the existing north line of Memphis Street, S. E.; thence, with same, N. 69© 33' E., 71.97 feet to the point of Beginning, containing 0.034 acres and being a portion of Memphis Street, S. E. (b) BEGINNING at a point on the westerly side of Memphis Street, S. E., said point being S. 20o 27' E., 23.00 feet from the original corner between Lots 18 and 19, Block 1, Revised Map of B. A. Circle; thence, leaving said Beginning point and with a curved line to the left, having a radius of 175.00 feet, a chord bearing and distance of S. 43© 43' E., 138.25 feet and an arc distance of 142.12 feet to a point on the southerly side of Memphis Street S. E.; thence, with the original line of Memphis Street, S. 69© 33' W. 54.61 feet and N. 20© 27' W., 127.00 feet to the point of Beginning, containing 0.049 acres and being a portion of Memphis Street, S. E. be, and are 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 portions of said street, as a public street, thoroughfare and alley of the City, is hereby terminated and released insofar as this Council is empowered so to do. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to mark "permanently vacated, discontinued, and closed" those portions 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 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 those portions of Memphis Street, S. E., hereinabove permanently vacated, discontinu~ ed 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 $25.00 to each of the following named viewers who have acted in this matter in payment for their services, viz: Edward H. Brewer, Jr., Lester K. Stover, Jr., and Harold W. Harris, Jr., the Council, further, does hereby express its appreciation to the aforesaid viewers for their services in this regard. ATTEST APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1974. No. 21499. AN ORDINANCE authorizing the City's leasing of Nickel Plate Locomotive No. 763 to American Freedom Train Foundation, upon certain terms and conditions; and authorizing an agreement to be entered into between the City of Roanoke and American Freedom Train Foundation relative to a display of the American Freedom Train in the City of Roanoke during the observance of the American Revolution Bicentennial. WHEREAS, the American Freedom Train Foundation, proposing and arranging for the operation of a steam-powered train depicting a pageant of America to be operated across the Country in the years 1975 and 1976, in observance of the bicentennial of the American Revolution, has made request to the City through the Council's Transportation Museum Committee to lease from the City for a period of three years the Nickel Plate steam locomotive No. 763, donated to the City of Roanoke by Norfolk and Western Railway Company and kept on display at the City's Transportation Museum, which proposals have come to the Council with the recommendation of its Transportation Committee; and WHEREAS, further proposal has been made to the City, through its Mayor, that the City enter into agreement with the American Freedom Train Foundation insuring a display of the American Freedom Train in the City on the occasion of its 1975-1976 visit to the 48 states to which its itinerary is projected; and WHEREAS, the Roanoke Bicentennial Commission has recommended to the Council the great advantages to be derived by the City and the locality in a display of the American Freedom Train in the City on the occasion of its cross-country operation and, especially, should said train be pulled by the Nickel Plate steam locomotive leased to said Foundation from the City's Transportatic Museum; and WHEREAS, the Council considering the aforesaid proposals desires to authorize and provide for each of the same upon the terms and provisions hereinafter contained. THEREFORE, BE. IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager be and he is hereby authorized and empowered, for and on behalf of the City of Roanoke, to enter into a lease agreement with the American Freedom Train Foundation leasing to said Foundation the City's Nickel Plate steam locomotive No. 763, such lease agreement to be upon form prepared and approved by the City Attorney, but including, inter alia, the following express provisions: a. That the term of the lease shall be for three (3) years Commencing on the 1st day of June 1974, and expiring on May 30, 1977; b. That the Foundation pay to the City as rental for the locomotive the sum of $500.00 per year, payable, annually, in advance; c. That the Foundation arrange and pay for the cost of removing the locomotive from the Transportation Museum and of restoring it to good operating condition, and agree to return the same to the City at the end of the term of the lease in running condition, reasonable wear and tear alone excepted. d. That, prior to removing said locomotive, the Foundation deliver to the City Manager, the following: 1) An insurance policy issued by an insurance company authorized to do business in the Commonwealth of Virginia, naming the City of Roanoke as the sole insured and insuring the City against loss of or damage to said locomotive from any cause during the term of the aforesaid lease to a limit of not less than $100,000.00. 2) An all-cause public liability and property damage insurance policy written by some insurance company authorized to do business in the Commonwealth of Virginia with limits of not less than $2,000,000.00, insuring said Foundation, its employees, officials and persons operating said locomotive against liability resulting from operation of the same, the City of Roanoke to be named as an additional insured on said policy. e. That the leased locomotive not be removed nor operated outside the 48 contiguous states of the Union during the term of the lease. f. That the locomotive carry at all times an appropriate plaque recognizing its ownership by the City of Roanoke and being an article from its Roanoke Transportation Museum. g. That the 1975-1976 itinerary of the American Freedom Train include a stop and display of said train in the City of Roanoke for a period of not less than three (3) days, and that the display of said train in the City be free to the public, without charge for admission, except that a charge may be made for excursion trips which may be arranged for said locomotive during the display of said train in Roanoke. h. That the lease of the locomotive to the Foundation be non-assignable and non-transferrable by said Foundation; and 2. That the City Manager be and he is hereby authorized and empowered, upon effecting the agreement with American Freedom Train Foundation, hereinabove provided, to enter into further contract with said Foundation, on behalf of the City, upon form approved by the City Attorney, pursuant to which it be agreed and undertaken between said parties that, upon the occasion of the operation of the American Freedom Train crosscountry during the years 1975-1976, upon its visit to each of the 48 contiguous states that at least one stop of the train be arranged to be made in the City of Roanoke for the purpose of free public display of the train for a period.of not less than three (3) days, in consideration of which the City of Roanoke shall agree and commit itself to said Foundation to do or provide the following, namely: a. Assign from the full-time administrative service of the City or from the membership of the Roanoke Bicentennial Commission a designated officer or person to act as liaison between the City and American Freedom Train Foundation in arrangements and dealings concerning the stop of the American Freedom Train in the City. b. Provide or cause to be provided those things necessary to properly ready for the arrival and display, the site chosen or agreed upon for display of the same which, depending upon the location selected, may include: 1) parking lot improvement; 2) installation of temporary lighting; 3) rough grading if a field be used for a parking lot and other purposes incidental to such display; and 280 4) provide satisfactory hotel or motel accomodations, but not food, for not exceeding sixty-twO (62) full-time freedom train staff members during the 3-day visit. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1974. No. 21503. AN ORDINANCE authorizing and providing for the lease by the City of the former Harrison Elementary School site to Total Action Against Poverty in Roanoke Valley; upon certain terms and conditions. WHEREAS, by request dated April 10, 1974, the Total Action Against Poverty in Roanoke Valley has requested that the City lease to Total Action Against Poverty in Roanoke Valley the former Harrison Elementary School site to be used as a Day Care Center upon the terms hereinafter provided, in which request Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to enter into written lease agreement on behalf of the City with Total Action Against Poverty in Roanoke Valley, leasing to said organization certain areas in the former Harrison Elementary School building to be used for a Day Care Center, including the kitchen, rest rooms and playgrounds, between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, for a term of one year commencing on May 1, 1974, the fair rental value of said premises to be waived by the City as a charitable donation, the City reserving the right to use the building at all other times during the term of such lease; such lease to contain such other reasonable terms and provisions as may be required by the City Manager and to be, otherwise, upon such form as is approved by the City Attorney. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1974. No. 21507. AN ORDINANCE to amend and reordain Section #27000, "Schools - Emergency School Aid Act," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #27000, "Schools - Emergency School Aid Act," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ATTEST: SCHOOLS - EMERGENCY SCHOOL AID ACT #27000 Personal Services ....................... $276,930.00 Supplies and Services ................... 7,140.00 Travel .................................. 300.00 Fixed Charges ........................... 31,728.00 100% of expenditures to be reimbursed by P.L. 92-318 funds. 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 6th day of May, 1974. No. 21508. AN ORDINANCE to amend and reordain Section #2, "Clerk," of the 1973- 74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #2, "Clerk," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 282 CLERK #2 Printing and Office Supplies (1) ......................... $11,037.32 (1) Net increase --- $1,637.32 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 6th day of May, 1974. No. 21509. AN ORDINANCE to amend and reordain Section #550, "Sewage Treatment Capital Improvements Fund," of the 1973-74 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 1973-74 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 Plant Expansion ........................ $8,400.00 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 6th day of May, 1974. No. 21510. AN ORDINANCE exercising the right to purchase Lot 6, Block 5, Eastover Place Map in the City of Roanoke, Virginia, adjacent to existing property of the City of Roanoke in the Southeast portion of the City, upon certain terms and provisions; providing for notice of the City's exercise of said purchase option; 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. WHEREAS, the City of RoanOke, on April 29, 1974, was granted a purchase option agreement by the owners of certain land situate in Block 5 of Eastover Place Subdivision in the City of Roanoke, Virginia, whereby the City was granted the option to purchase said land upon certain terms and provisions hereinafter set forth; and WHEREAS, the City of Roanoke deems it necessary to purchase said land for possible future enlargement of public facilities, and funds sufficient for the payment of the purchase price has heretofore been or are herewith being appropriated by the Council; and WHEREAS, the City Manager has recommended the purchase of the property hereinafter described, in which recommendation the Council concurs. ~- WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City's right to purchase that certain tract or parcel of land situate in Block 5 of Eastover Place Subdivision in the City of Roanoke, Virginia, lying in the Southeast portion of the City and known as Lot 6, Block 5, Eastover Place Map, of record in Deed Book 307, page 107, in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia, and bearing Official No. 4330706, according to the Tax Appraisal Maps of the City of Roanoke, from Raymond P. Harris and Marion R. Harris, husband and wife, pursuant to written purchase option agreement dated the 29th day of April, 1974, granted to the City by said parties, be and is hereby exercised, and the City Clerk be and is hereby directed to notify, forthwith, said owners, of the City's aforesaid election, by mailing to them, by certified mail, an attested copy of this ordinance. 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, prepared and 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 owners the City's check, payable as follows, viz: To Raymond P. Harris and Marion R. Harris, husband and wife $8,400.00, 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 284 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1974. No. 21511. A RESOLUTION initiating and providing for the permanent closing, vacating, discontinuing and abandonment of a certain unused 15-foot wide alley extending from 1st Street, S. E., to 3rd Street, S. E., across the Norfolk and Western Railway Company's right-of-way, through Blocks 5 and 6 according to the Map of Park Land & Improvement Company; appointing viewers to view said alley and providing for a public hearing on the said proposal. WHEREAS, it has come to the attention of the Council through recommen- dation of the Planning Commission that the former alley hereinafter described, now unused, is no longer needed or desirable for use as a public alley or thoroughfa~ and should be permanently vacated, closed, discontinued and abandoned; and WHEREAS, it is this Council's desire to initiate on its own motion and purusuant to Sec. 14.1-364 of the 1950 Code of Virginia, as amended, proceedings to permanently vacate, close, discontinue and abandon said alley as the same is more particularly hereinafter described. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the said Council proposes, on its own motion and pursuant to the provisions of Sec. 15.1-364 of the 1950 Code of Virginia, as amended, to permanently close, vacate, discontinue and abandon as a public alley, in the City of Roanoke, the following: That certain 15-foot wide alley located south of Tazewell Avenue, S. E., and extending in a west-east direction from 1st Street, S. E., to 3rd Street, S. E., through Blocks 5 and 6 of the Map of Park Land & Improvement Company and across the Norfolk and Western Railway Company's Winston-Salem Division right-of-way, as said alley is now shown on Sheet 401 of the Tax Appraisal Map of the' City of Roanoke to be located. BE IT FURTHER RESOLVED that pursuant to the provision of the law for such cases made and provided, Messrs. R. R. Quick, C. E. Kefauver, R. Lee Mastin, Fred De Felice and L. Elwood Norris, any three or more or whom may act, are hereby appointed viewers in accordance with the aforesaid statute, to view said alley and report in writing to this Council whether, in their opinion any, and if any, what inconvenience would result from permanently abandoning closing, discontinuing and vacating the same; and BE IT FINALLY RESOLVED that a public hearing on the question of vacating said alley be held before the Council at its regular meeting on the 28th day of May, 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: e Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1974. No. 21512. 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 April 22, 1974, and after due and proper advertisement had been made therefor, three (3) bids for the resurfacing of streets at various locations throughout the City were opened and read before the Council, whereupon all said bids were referred to a committee to be tabulated and studied, with report thereon to be made back to the Council; and WHEREAS, said committee has reported in writing to the Council its tabulation of all said bids and has further reported that the joint bid of Virginia Asphalt Paving Company, Inc., and Adams Construction Company is the lowest and best bid made to the City for the resurfacing of the streets and that sufficient funds have been appropriated to provide for payment of work hereinafter authorized to be done, 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 Departmen~ of Highway's specifications and as described in the City's plans and specifications' 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 incorpora~.e 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. 286 BE IT FURTHER ORDAINED that, an emergency existing, 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 6th day of May, 1974. No. 21513. A RESOLUTION expressing appreciation to the members of the Committee appointed to study the functions and responsibilities of the City Council and the offices of the City Clerk and the City Attorney. WHEREAS, attendant upon a study made for the Council of the management and administrative organization of the City government, the Council appointed a Committee of citizens to study the operations of City Council and the offices of the City Attorney and the City Clerk, inviting submission of recommendations by said Committee with respect to each of the same; and WHEREAS, following numerous meetings of the Committee and committee meetings and discussions with officials of the offices abovenamed, the Committee has filed written report to the Council into which has been incorporated certain recommendations made for the consideration of the Council, thereafter meeting with the Council for informal discussion of the matters reported upon; and WHEREAS, the Council is cognizant of the time and efforts which the members of said Committee have devoted to their assignment and wishes to formally recognize its appreciation of the same. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body hereby expresses its appreciation to Messrs. Willis M. Anderson, Chairman, and E. Griffith Dodson, Jr., James A. Ford, Nicholas F. Taubman and Robert W. Woody, Members, constituting the Committee appointed August 13, 1973, to study the operations of the City Council and the offices of the City Attorney and the City Clerk, for the aforesaid Committee's prompt and thorough discharge of the duties assigned it and for the report and recommendations of said Committee to the Council. BE IT FURTHER RESOLVED that the duties of the aforesaid Committee having been completed, the Committee is discharged, and the City Clerk is directed to transmit to the Chairman and to each Member of said Committee an attested copy of this Resolution. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1974. No. 21514. AN ORDINANCE to amend and reordain certain sections of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTINGENCIES #98 Contingency Reserve (1) ................... $51,796.66 JUVENILE & DOMESTIC RELATIONS DISTRICT COURT #19 Personal Services (2) .................... $214,974.50 (1) Net decrease ...... $38,000.00 (2) Net increase ............... $38,000.00 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 6th day of May, 1974. No. 21515. AN ORDINANCE to amend and reordain Section #96, "Transportation," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 298 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #96, "Transportation," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSPORTATION #96 Fees for Professional and Special Services (1) ....................... $166,900.00 (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 6th day of May, 1974. No. 21516. AN ORDINANCE accepting a proposal of Thompson & Litton, Inc., Engineers, Architects and Planners, to prepare an Addendum ~1 to the Master Plan for the Roanoke Valley Regional Sanitary Landfill dated September, 1973, upon certain terms and provisions; and providing for an emergency. WHEREAS, following the filing by the City with the State Department of Health of application for issuance of a permit to operate a regional solid waste disposal system and following hearings held on the proposal before the State Water Control Board, it has been indicated that certain conditions and additional requirements will need to be incorporated into the Master Plan for the Roanoke Valley Regional Landfill heretofore prepared by Thompson & Litton, Inc., dated September, 1973, and thereafter approved by the City of Roanoke; and said firm, by written proposal made to the City through its Director of Utilities and Operations dated April 26, 1974, has offered to prepare an addendum to the aforesaid master plan so as to incorporate therein the changes and additional conditions and requirements which the City is advised are necessary to be made or added to the aforesaid Master Plan as heretofore adopted by the City; and WHEREAS, the Council's Landfill Committee and the City Manager have recommended to the Council that the aforesaid proposal of Thompson & Litton, Inc., be accepted by the City upon the terms therein set out; and WHEREAS, for the usual daily operation of the City and for the immediate preservation of the public health and safety an emergency is declared to exist, so that this ordinance should take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the written proposal made to the City of Roanoke through its Director of Utilities and Operations by Thompson & Litton, Inc., under date of April 26, 1974, offering to prepare Addendum #1 to the Master Plan for the Roanoke Valley Regional Sanitary Landfill dated September, 1973, incorporating into said Master Plan the changes, additions, modifications and requirements indicated by the State Department of Health and by the State Water Control Board to be necessary to be made to said master plan, at a cost to the City based upon the time involved in the work of preparation of said addendum but not to exceed a total sum of $500.00, be and said proposal is hereby ACCEPTED, it to be understood and agreed that the aforesaid consideration does not include compensation to said firm for any travel or attendance at any meetings outside said firm's office, but that any such necessary travel or attendance at other meetings would require additional compensation by the City. BE IT FURTHER ORDAINED that the City Manager be and is hereby authorizedl and empowered to accept said firm's written proposal, dated April 26, 1974, on behalf of the City, upon the form thereof being first approved by the City Attorney. BE IT FINALLY ORDAINED that, an emergency exists ~nd that this ordinancei take effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 1974. No. 21517. AN ORDINANCE to amend and reordain Section ~8, "Treasurer," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #8, "Treasurer," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TREASURER #8 Personal Services ......................... $94,088.25 *Extra Help ............................... 4,927.50 *$4,552.50 transferred from Personal Services to Extra Help subject to approval of the Compensation Board. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~o~-~ APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 1974. No. 21518. AN ORDINANCE to amend and reordain Section #45, "Police," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #45, "Police," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE #45 Training of Law Enforcement Personnel (1) ............... $ 4,800.00 Other Equipment - New (2) ................ 16,174.00 (1) Net decrease --- $5,200.00 (2) Net increase --- 5,200.00 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 13th day of May, 1974. No. 21519. AN ORDINANCE to amend and reordain Section #340, "Municipal Airport Fund," of the 1973-74 Municipal Airport Fund Appropriation Ordinance, and providil for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1973-74 Municipal Airport Fund g Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL AIRPORT FUND #340 Utilities (1) ......................... $28,100.00 (1) Net increase --- $9,500.00 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 13th day of May, 1974. No. 21520. AN ORDINANCE to amend and reordain Section #10, "Director of Finance," and Section 911, "Purchasing Agent," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #10, "Director of Finance," and Section ~11, "Purchasing Agent," of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: DIRECTOR OF FINANCE #10 Da~a Processing (1) ................... $129,313.00 PURCHASING AGENT 911 Office Furniture and Equipment - Replacement (2) ....................... 9,357.00 (1) Net decrease --- $4,339.00 (2) Net increase 4,339.00 BE IT FURTHER ORDAINED that, an emergency e~isting, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 292 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 1974. No. 21521. A RESOLUTION approving the location and design of the 24th Street, N. W., project, in the City, proposed as State Highway Project U000-128-105, C-501. WHEREAS, a public hearing was conducted on April 23, 1974, in the City by a representative of the Commonwealth of Virginia, Department of Highways, and after due and proper notice, for the purpose of considering the proposed location and design of the 24th Street, N. W., project, in the City, at which hearing maps, drawings and other pertinent information were made available for public inspection and Relocation Assistance Programs and tenative schedules for right-of-way acquisition and construction were discussed and presented; and all persons and parties in attendance were afforded full opportunity to participate in said public hearing, representatives of the City being present and participating in said hearing; and WHEREAS, this Council, considering all such matters, is of opinion to give the approval hereinafter contained. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth approve the location and design of the improvements proposed to be made for the 24th Street, N. W., project, in the City proposed as State Highway Project U000-128-105, C-501. BE IT FURTHER RESOLVED that the City Manager do promptly transmit attested copies of this resolution to the State Highway Commission of Virginia, through official channels of the Virginia Department of Highways. ATTE S T: ~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 1974. No. 21522. A RESOLUTION authorizing the filing of an application by the City for a grant of Urban Assistance Incentive Funds for funding a project for establishi informational services, community involvement, and a vocational-recreation program in the City; and indicating the City's willingness to serve as the receiving agency for such funds. Lg 293 ATTEST: WHEREAS, the Council is advised of recommendation of the City Manager and his staff of the need for establishing informational services, community involvement, and a vocational-recreation program, the purposes of which are to provide increased recreational opportunities and greater involvement of citizens in the recreation programs in the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council does hereby authorize the City Manager to execute on behalf of the City of Roanoke and to file application with the Division of State Planning and Community Affairs for grant of Urban Assistance Incentive Funds in the sum of $25,000.00, to fund and defray the costs of a project for establishing informational services, community involvement, and a vocational-recreation program in the City; and said Council does hereby indicate the City's willingness to serve as the receiving and administering agency for such funds; and, upon award of such grant, the City Manager is authorized and directed to enter into agreement with said Division relative to the administration and use of said funds, upon such form of agreement as is approved by the City Attorney. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 1974. No. 21523. AN ORDINANCE directing and providing for motion to be made for ordering of right-of-entry on certain parcels of land needed by the City as a site for a publicly owned off-street parking facility in the City and involved in pending condemnation proceedings instituted by the City; authorizing payment into Court of the sums offered to be paid by the City for said properties; and providing for an emergency. WHEREAS, pursuant to provisions of Ordinance No. 21398, condemnation proceedings have been instituted on behalf of the City to acquire the properties hereinafter described in order to provide a site for a publicly owned off-street parking facility in the City, and the Council has been advised that, in order to obtain soil and subsurface information necessary for the design and structure of the facility and in order to coordinate the removal of buildings and structures from the properties comprising said site and for awarding a contract for constructio of the new facility, the City needs the immediate right-of-entry on said properties for the purpose of obtaining such physical information and needs full rights of entry on and of possession of said properties by the 1st day of September, 1974, so as to proceed with construction of the aforesaid new public facility; and 294 WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Attorney is hereby authorized and empowered to make motion on behalf of the City in pending condemnation proceedings brought in the Circuit Court of the City of Roanoke for entry of an order pursuant to the provisions of ~25-46.8 of the 1950 Code of Virginia, as amended, granting to the City an immediate right-of-entry on certain properties in the City identified as Lots No. 1011611 and 1011613 as shown on the Tax Appraisal Map of the City of Roanoke for the purpose of conducting surveys, soil tests and test borings on said properties and granting full right of entry and of possession no later than September 1, 1974, for the purpose of commencing its construction of said public parking garage; and the Director of Finance, upon request of said City Attorney shall be, and is hereby authorized and directed to draw and make payment into the court wherein said condemnation proceedings are pending the sums set out in Ordinance No. 21398 to be offered to be paid for said properties, as for Parcels 1 and 2 in said ordinance, the lands sought to be acquired in such condemnation proceeding. BE IT FURTHER 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 13th day of May, 1974. No. 21524. AN ORDINANCE to amend and reordain Section #77, "Civic Center," of the 1973-74 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 #77, "Civic Center," of the 1973-74 Civic Center Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER #77 City Operating Supplement (1) ................. $381,882.00 (1) Net increase ....... $130,882.00 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 13th day of May, 1974. No. 21525. A RESOLUTION concurring in proposal that the members of the Council's Roanoke Bicentennial Commission participate in formation of the Roanoke Valley Bicentennial Commission, Inc., a non-stock, non-profit corporation. WHEREAS, the members of the Council's Roanoke Bicentennial Commission have recommended to the .Co~ncil that the formation of a non-stock, non-profit corporation under the laws of the Commonwealth of Virginia, its members to be representative of the governments and citizenry of all of the Roanoke Valley communities, would provide a means of coordinating the efforts of those'~in the Roanoke Valley area. in a suitable observance of the Nation's. 200th ~Anniversary of Independence, proposing, however, that the local Commission remain in existence for effecting its preSent purposes and any other assignments from the Council; in which proposals this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the members of the Council's Roanoke Bicentennial Commission be and are hereby authorized to participate with individuals representing other Roanoke Valley governments and communities in organizing and chartering a non-stock, non-profit corporation, to be named the Roanoke Valley Bicentennial Commission, Inc., whose general purpose shall be coordinating efforts in the Roanoke Valley area in observance of the American Revolution Bicentennial and of the Nation's 200th year of ~ndependence. BE IT FURTHER RESOLVED that a certified copy of this resolution be transmitted by the City Clerk to William B. Poff, Chairman of the Roanok~ ~Bicentenn Commission. ATTEST: Deputy APPROVED City Clerk Mayor _al 296 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 1974. No. 21526. AN ORDINANCE providing for the cleaning, testing and grouting of various sanitary sewer lines in the City by the award of a contract therefor to Underground T/V Inspection, Inc., rejecting all other bids; and providing for an emergency. WHEREAS, at the meeting of the Council held on April 22, 1974, and after due and proper advertisement had been made therefore, four (4) bids 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 recommendatio~ to the Council; and WHEREAS, said committee has reported to the Council that the bid of Underground T/V Inspection, Inc., made on unit prices on estimated quantities of work set out in the City's plans and specifications, amounts to a total estimated cost to the City of $199,055.00, and meets the City's requirements and specifications 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 be accepted; and that the 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 specificat prepared therefor and on the unit prices set out and contained in Divisions I and III 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 said committee's report and the provisions of this ordinance and to be, otherwise, on such form as is approved by the City Attorney; the cost of the work not to exceed the total sum to the City of $199,055.00, and said work when satisfactoril completed and accepted by the City, to be paid for out of funds appropriated by the Council for the purpose. ons BE IT FURTHER ORDAINED that the proposals of the 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: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 1974. No. 21527. A RESOLUTION agreeing to the termination of a certain lease at the Roanoke Municipal Airport, and accepting certain improvements constructed on the leased premises by the tenants under a former lease. BE IT RESOLVED by the Council of the City of Roanoke that the City accepts written notice of the United States of America to terminate, on May 25, 1974, a certain lease dated November 14, 1973, being Lease No. DACA31-5- 73-461. BE IT FURTHER RESOLVED that the City hereby accepts ownership of a certain quonset hut and interior furnishings constructed upon the leased premises under a former lease, and does hereby release and discharge the United States of America of and from any and all requirements of removing said improvements from said premises; and that the City Manager is authorized to execute any necessary instrument required by the tenant in the premises, upon form first approved by the City Attorney. ATTEST: APPROVED Deputy City Clerk Mayor · pa8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1974. No. 21528. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Exxon Corporation to permanently vacate, discontinue and close that certain unopened alley, approximately 10 feet wide and 294 feet long extending parallel with McDowell Avenue, N. E., in an easterly direction from Seventh Street, N. E., to its intersection with the right of way line of the Norfolk and Western Railway Company, which alley is more specifically described below. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of Exxon Corporation that said petitioner did on May 8, 1974, 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 hereinafte] described alley be permanently vacated, discontinued and closed; and WHEREAS, it appearing to the Council that more than ten days have elapsed since the application 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 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. William P. Wallace, J. Tate McBroom, Dewey H. Marshall, Harry Whiteside, Jr. and Dale Poe, 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: 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 inter- section 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 10 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. 6© 40' W. 10 feet, more or less, to the place of BEGINNING. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of Hay, 1974. No. 21529. AN ORDINANCE to amend and reordain certain sections of the 1973- 74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: ASSESSMENT OF REAL ESTATE #7 Vehicular Equipment - Replacement (1) ........................ $ .00 FIRE #47 Vehicular Equipment - Replacement (2) ........................ $ .00 Other Equipment - Replacement (3) ........................ $ 5,305.00 ENGINEERING #55 Vehicular Equipment - Replacement (4) ........................ $ .00 TRAFFIC ENGINEERING AND COMMUNICATIONS #57 Vehicular Equipment - Replacement (5) ........................ $ .00 STREET CONSTRUCTION AND REPAIR #58 Vehicular Equipment - Replacement (6) ........................ $ .00 STREET SIGNS AND MARKINGS 959 Vehicular Equipment - Replacement (7) ........................ $ .00 SNOW AND ICE REMOVAL #62 Operational an~. Con-a~truction ~quipm~ - (8) ........................ $ .00 MAINTENANCE OF CITY PROPERTY %64 Vehicular Equipment - Replacement (9) ........................ $ 400.00 SEWER CONSTRUCTION AND MAINTENANCE #67 Vehicular Equipment - New (10) ............................... $ .00 SANITATION 969 Vehicular Equipment - Replacement (11) ....................... $ 11,500.00 Vehicular Equipment - New (12) ............................... $ .00 PARKS AND RECREATION 975 Vehicular Equipment - Replacement (13) ....................... $ Other Equipment - New (14) .............. $ · 00 2,775.30 STADIUM AND ATHLETIC FIELD 976 Other Equipment - New (15) ............. $ 485.00 LIBRARIES 980 Other Equipment - Replacement (16) ...... $ 400.00 GARAGE 971 Other Equipment - Replacement (17) ..... $564,030.00 (1) Net decrease --- $ 2,735.00 (2) Net decrease --- $ 3,800.00 (3) Net decrease --- $ 170.00 (4) Net decrease --- $ 3,400.00 (5) Net decrease --- $ 4,000.00 (6) Net decrease --- $ 46,600.00 (7) Net decrease --- $ 5,000.00 (8) Net decrease --- $ 5,600.00 (9) Net decrease --- $ 6,000.00 (10) Net decrease --- $133,500.00 (11) Net decrease --- $239,000.00 (12) Net decrease --- $ 22,000.00 (13) Net decrease --- $ 19,000.00 (14) Net decrease --- $ 31,075.00 (15) Net decrease --- $ 575.00 (16) Net decrease --- $ 3,575.00 (17) Net increase --- $526,030.00 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 20th day of May, 1974. No. 21530. AN ORDINANCE to amend and reordain Section ~450, "Municipal Airport Fund," of the 1973-74 Municipal Airport Fund Appropriation Ordinance and Section #71, "Garage," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Municipal Airport Fund," of the 1973-74 Municipal Airport Fund Appropriation Ordinance and Section #71, "Garage," of the 1973-74 Appropriatio~ Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: MUNICIPAL AIRPORT FUND 9450 Capital Outlay from Revenue (1) ....... $57,120.00 GARAGE #71 Other Equipment - Replacement (2) ..................... $573,645.00 (1) Net decrease --- $9,615.00 (2) Net increase --- 9,615.00 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 20th day of May, 1974. No. 21531. AN ORDINANCE to amend and reordain Section #450, "Civic Center Fund - Capital Outlay From Revenue," of the 1973-74 Civic Center Fund Appropriation Ordinance and Section #71, "Garage," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 3O2 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #450, "Civic Center Fund - Capital Outlay From Revenue," of the 1973-74 Civic Center Fund Appropriation Ordinance and Section #71, "Garage," of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CIVIC CENTER FUND - CAPITAL OUTLAY FROM REVENUE 9450 Capital Outlay From Revenue (1) .......................... $22,390.00 GARAGE #71 Other Equipment - Replacement (2) ..................... $577,645.00 (1) Net decrease --- $4,000.00 (2) Net increase --- 4,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1974. No. 21532. AN ORDINANCE to amend and reordain Section #450, "Water," of the 1973-74 Water Fund Appropriation Ordinance and Section #71, "Garage," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #450, "Water," of the 1973-74 Water Fund Appropriation Ordinance and Section #71, "Garage," of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: WATER #450 Capital Outlay from Revenue (1) ........ $227,650.00 GARAGE 971 Other Equipment - Replacement (2) ....................... $581,795.00 (1) Net decrease --- $4,150.00 (2) Net increase --- 4,150.00 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 20th day of May, 1974. No. 21533. AN ORDINANCE to amend and reordain Section #500, "Water - Replacement Reserve," of the 1973-74 Water Fund Appropriation Ordinance and Section #71, "Garage," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #500, "Water - Replacement Reserve," of the 1973-74 Water Fund Appropriation Ordinance and Section #71, "Garage," of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: WATER - REPLACEMENT RESERVE #500 Replacement Reserve (1) ............... $391,638.00 GARAGE #71 Other Equipment - Replacement (2) ....................... $610,370.00 (1) Net decrease --- $28,575.00 (2) Net increase 28,575.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST APPROVED Deputy City Clerk Mayor 304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1974. No. 21534. AN ORDINANCE to amend and reordain Section #90, "Sewage Treatment Fund," of the 1973-74 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 1973-74 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND #90 Operating Supplies and Materials (1) ..................... $235,000.00 Extra Help (2) ..................... 8,462.80 Utilities (3) ...................... 110,000.00 (1) Net decrease --- $15,000.00 (2) Net decrease --- 5,000.00 (3) Net increase --- 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 20th day of May, 1974. No. 21535. AN ORDINANCE to amend and reordain Section #98, "Contingencies," and Section %64, "Maintenance of City Property," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section %98, "Contingencies," and Section #64, "Maintenance of City Property," of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTINGENCIES #98 Contingency Reserve (1) MAINTENANCE OF CITY PROPERTY #64 Maintenance of Buildings and Property (2) .................. (1) Net decrease $6,700.00 (2) Net increase 6,700.00 .............. $28,589.86 $364,475.00 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 20th day of May, 1974. No. 21536. AN ORDINANCE to amend and reordain Section #75, "Parks and Recreation," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #75, "Parks and Recreation," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PARKS AND RECREATION #75 Personal Services (1) ................... $551,117.50 Food, Medical and Housekeeping Supplies (2) ........................... 10,100.00 (1) Net decrease --- $1,100.00 (2) Net increase --- 1,100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 3O8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1974. No. 21537. A RESOLUTION recommending and urging the initiation by the Department of Highways of a project to improve Vinton Mill Road from Orange Avenue in the City of Roanoke to Pollard Street in the Town of Vinton, setting out the need therefor; committing the City to pay its proportionate part of the cost of such project, or 100% of all costs incurred by the Commonwealth should the City desire, later, to abandon the project; requesting the State Highway Commissioner to acquire all necessary rights-of-way for said project; and repealing Resolution No. 21411 adopted by the Council on March 11, 1974. WHEREAS, there exists a need to improve Vinton Mill Road from Orange Avenue in the City of Roanoke to Pollard Street in the Town of Vinton, as demonstrated by actual traffic count which establishes vehicular traffic in excess of 1985 projected traffic flow on Vinton Mill Road, and for the purpose of better facilitating the flow of vehicular traffic in the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby directed to request the Department of Highways of the Commonwealth of Virginia to initiate and program a project for the design, right-of-way acquisition and construction, reconstruction and/or improvement of Vinton Mill Road from Orange Avenue in the City of Roanoke to Pollard Street in the Town of Vinton, such to be accomplished by project in which the State would bear 85% and the City would bear 15% of the total cost of such portion of the project as is within the corporate limits of the City of Roanoke. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby authorized to execute, on behalf of the City, all requisite applications to the~Virginia Department of Highways, for the accomplishment of the aforesaid portion of said project within the City and, further to extend the City's assurance that said City will, upon the ordering of such project, commit itself to pay 15% of the total cost of that portion of the project as is accomplished within the City out of funds provided in the City's Capital Improvements Project Account for such purposes, it to be agreed and understood that, should the Department of Highways undertake the initiation and programming of the aforesaid project and incur expense or cost therefor and should the City later desire to abandon or indefinitely postpone construction of said project, the City of Roanoke will, in either event, reimburse the Commonwealth of Virginia, Department of Highways, 100% of all costs incurred by said Department in and about initiating or programming said project pursuant to the request contained herein. BE IT FURTHER RESOLVED that this Council hereby requests the State Highway Commissioner, pursuant to the provisions of §33.1-89 of the 1950 Code of Virginia, as amended, to acquire for the City all necessary rights-of-way for the aforesaid project and, pursuant to said statute, to thereafter convey the title so acquired to the City; and the City of Roanoke guarantees to reimburse the Commonwealth of Virginia, Department of Highways, for fifteen (15%) of all costs incurred in the acquisition of the necessary rights-of-way for said project, it being understood that such acquisitions will be handled by the Commissioner under established policies and procedures and that his decision in all instances shall be final. BE IT FURTHER RESOLVED that the City Manager be and he is hereby directed to transmit an attested copy of this resolution to the State Highway Commissioner, through appropriate channels. BE IT FINALLY RESOLVED that Resolution No. 21411 of the Council of the City of Roanoke, adopted on the llth day of March, 1974, be and said resolution is hereby REPEALED. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1974. No. 21538. AN ORDINANCE concurring in the award of a contract by the Commonwealth of Virginia, Department of Highways, for the replacement of the bridge and approaches on Lynchburg-Salem Turnpike, N. W., over Peters Creek, at the west corporate limits of the City; providing for the execution of an agreement with the Virginia Department of Highways relative to the maintenance of Route 1431, Highway Project 1431-080-152, C-501; B-635; U000-128-111, C-501, and signifying the City's intent to participate in the payment of a certain portion of the costs of said project; and providing for an emergency. WHEREAS, with the City's concurrence, the Department of Highways has formulated plans and received contractors' bids for construction of a certain highway project on Lynchburg-Turnpike, N. W., at the City's west corporate limits, for the payment of the City's proportionate part of which and of the cost of necessary right-of-way acquisition and of preliminary engineering funds were provided in the City's 1972 bond issue; and WHEREAS, the Commonwealth of Virginia, Department of Highways, has requested that the City enter into agreement with said Department agreeing 308 upon the maintenance, signing and regulation of parking on said highway and agreeing upon the proportion of the total cost of the highway construction which the City shall pay; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth concur in the award of a contract by the Commonwealth of Virginia Department of Highways, to Robertson Construction Company, Inc., of Salem, Virginia, for replacement of the bridge and approaches on Lynchburg-Salem Turnpike, N. W., at the west corporate limits of the City, being Route 1431 and Highway Project 1431-080-152, C-501, B-635; U000-128-111, C-501, of the estimated cost of $118,026.00, of which the City's proportionate share would be fifteen percent (15%) as would be set out in the agreement hereinafter authorized to be entered into. BE IT FURTHER ORDAINED that the City Manager and the City Clerk, or their duly appointed and authorized assistants or deputies, be, and they are hereby authorized to execute, seal and attest, respectively, on behalf of the City, with the aforesaid Commonwealth of Virginia, Department of Highways an agreement relating to the maintenance, signing and regulation of parking on the aforesaid highway, upon form approved by the City Attorney, and containing the City's agreement to participate in the cost of said project by payment of fifteen percent (15%) of the actual cost of said improvements, including preliminary engineering right-of-way acquis±tion., ~ad an-d br:~ge ~n~%r.uction and the cost of State Forces, the total estimated cost of all of which is $118,026. of which the City's 15% share is estimated to amount to $17,703.90, it to be understood that the aforesaid costs are estimated and that the aforesaid percentage will be applied to the actual costs of said improvements. BE IT FINALLY ORDAINED 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 20th day of May, 1974. No. 21539. ATTEST: A RESOLUTION authorizing the City Manager to execute, on behalf of the City, Amendment No. 2 to a certain grant heretofore made by the United States of America to the City for project No. C-510370-01 for construction of certain sewage treatment facilities, said amendment having the effect of decreasing the amount of said grant by the sum of $716,200.00. WHEREAS, the City Manager has reported that the United States Environmental Protection Agency has decreased the Federal grant of funds by the amount of $716,200.00 on Contracts A thru D for project C-510370-01, which would make Federal participation in said project a total sum of $4,329,300.00, and has recommended that Grant Amendment No. 2 to said project be authorized to be executed on behalf of the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to execute, for and on behalf of the City, Amendment No. 2, to Grant No. C-510370-01, from the United States of America by the United States Environmental Protection Agency to the City, which amendment would decrease the obligation of the United States Government to the City of Roanoke by the sum of $716,200.00, said Amendment No. 2 being dated May 3, 1974, and being upon EPA Form 5700-21 (Revised February-1973). BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit an attested copy of this Resolution to the Director, Office of Grants Coordination, U. S. Environmental Protection Agency, Region III, 6th and Walnut Streets, Philadelphia, Pennsylvania, 19106. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1974. No. 21541. AN ORDINANCE authorizing and providing for the City's acceptance of a strip of land containing approximately 907.02 square feet on the southerly line of Church Avenue, S. W., for public street purposes; upon certain terms and conditions; and providing for an emergency. 3J O WHEREAS, to provide for the widening and improvement of Church Avenue, S. W., to a uniform width of 50 feet, the owners of the land hereinafter mentioned have offered and agreed to donate and convey to the City the 907.02 square foot parcel of land hereinafter described, for public street purposes for the nominal consideration of $1.00, plus the City's installation, at its sole expense, of an 8-foot wide sidewalk, curb, gutter, two (2) 30-foot entrances or crossovers and one (1) 20-foot entrance or crossover to serve said owner's property; and WHEREAS, the City Manager having recommended that the proposed conveyance 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 the City doth hereby accept the offer of John M. Oakey & Son, Inc., to grant and convey to the City, in fee simple, for the nominal consideration of One Dollar ($1.00) cash, plus the City's installation at its sole expense, of an 8-foot wide sidewalk, curb, gutter, two (2) 30-foot entrances or crossovers and one (1) 20-foot entrance or crossover, on the southerly side of Church Avenue, S. W., to serve the remainder of the grantor's property, that certain 907.02 square foot strip of land, being 6 feet in depth and approximately 151.20 feet in length, being the northernmost 6 feet of Lots 11 and 13, Block 3, according to the Official Survey Sheet S.W.8, shown in detail on Plan No. 5430, prepared and on file in the Office of the City Engineer under date of April 8, 1974. BE IT FURTHER ORDAINED that upon delivery and recordation of a deed in the premises, approved as to form by the City Attorney that the City Manager is hereby authorized and directed to cause concrete curb, gutter, sidewalk and the three entrances or crossovers abovementioned, constructed in accordance with the City's standard specifications, to be constructed contiguous to the new property line of the aforesaid John M. Oakey & Son, Inc., at the entire expense of the City, the location and specifications of such entrances or crossovers to be subject to the approval of the City Engineer and to any and all provisions of Section 3, Chapter 2, Title XVII, of the City Code of the City of Roanoke, 1956, as amended. BE IT FINALLY 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 20th day of May, 1974. No. 21542. AN ORDINANCE to amend and reordain Section #10, "Director of Finance," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #10, "Director of Finance," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: DIRECTOR OF FINANCE #10 Education (1) ........................... $2,500.00 (1) Net increase .................. $500.00 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 28th day of May, 1974. No. 21540. AN ORDINANCE authorizing the execution of a contract to provide for the City certain forest management services, upon certain terms and conditions. WHEREAS, the City Manager has recommended that the City make provision for certain forest management services in connection with timberlands owned by the City and hereinafter described, such management services and the method of compensation therefor being set out in the form of contract hereinafter contained; and the Council considering the proposal and being advised that York Forestry & Land Co., Inc., is willing and able to render such services on the terms and provisions hereinafter set out. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be and are hereby authorized to enter 3'_12 into written agreement, for and on behalf of the City of Roanoke with York Forest & Land Co., Inc., providing for certain forest management services to be performed for the City, such contract to be in the following words and figures, viz: FOREST MANAGEMENT CONTRACT THIS CONTRACT, made and executed in duplicate this 1st day of April, 1974, between the CITY OF ROANOKE, a municipal corpora- tion of the Commonwealth of Virginia, hereinafter called "City", and YORK FORESTRY & LAND CO., INC., a corporation duly organized and existing under the laws of the Commonwealth of Virginia with its principal office in Roanoke, Virginia, hereinafter called "Forester" . WI TNE S S E TH That whereas the City is the owner of three (3) tracts of timberland located in Roanoke County, Bedford County and Botetourt County, Virginia, totaling approximately thirteen thousand seven hundred and seventy one (13,771) acres, more particularly described as follows: Tract 1 - Brushy Mountain - Carvins Cove Area - 6,212 acres Tract 2 - Tinker Mountain - Carvins Cove Area - 4,759 acres Tract 3 - Falling Creek & Beaver Dam Watershed - 2,800 acres and whereas Forester is a corporation organized for the purpose of rendering professional services in connection with forest and timberlands, and Whereas Forester employs and controls the services of profes- sionally trained foresters, and Whereas the City desires to avail itself of these services. NOW, THEREFORE, the parties undertake the following: 1. That the Forester will be available for consultation con- cerning the hereinabove mentioned timberlands at reasonable times; to inspect said timberlands at least twice each year; to report to the City on growing conditions, improvement measures that may be undertaken, timber that may be ready for sale, any trespass on or damage to said timber (with recommendations as to steps that should be taken), and to act as the City's representative in matters herein set forth pertaining to said timberland. 2. Forester further undertakes to prepare and offer for sale in accordance with the City's wishes any blocks of timber on the abovedescribed timberlands, including publicizing such sales, recommending protective clauses to be included in the sales contract, supervising adherence by purchasers to the terms of the sales contract. In general, timber sales will be prepared in the following manner: a. Delineate the Sale Area on Map. b. Cruise the timber to estimate the volume. c. Prepare a prospectus, bid form, and map to send to all prospective purchasers. d. Prepare timber sale contract. e. Advertise the timber in local papers asking for sealed bids. f. Set up a show date to shOw all prospective purchasers. g. All materials prepared fOr circulation and the contract would be approved by the City of Roanoke prior to mailing. h. Inspect the timber sale periodically to insure compliance of the contract. 3. Where selective cutting is to be done on any of the afore- mentioned timberland the Forester shall select and mark the individual trees that are to be cut and in addition thereto is to perform all the services described in paragraph 2 above. 4. Forester further agrees to arrange for and supervise any timber stand improvement work on said timberlands that the City may wish to have done such as ground preparation, planting, burning, poisoning of hardwoods, thinnings, construction of improvements, and boundary surveys. Forester shall perform such work only upon written authorization by the proper representative~ of the City. 5. The City agrees to pay Forester 15% of the gross receipts from the sale of forest products from the hereinabove described timberland as compensation for the serviCes described in paragraph 2 above. 6. The City further agrees to pay Forester 20% of the gross receipts from the sale during the life of this contract in return for services described in paragraph 3 above. 7. The City further agrees to pay Forester an amount agreed upon by both parties for those services rendered and described in paragraph 4 above. 8. The City shall make the final decision as to when any sale shall be made; what properties and/or products shall be sold, the sale price, terms of payment, and in addition thereto shall have the final decision as to what, if any, forestry improvements shall be undertaken and when such improvements shall commence. The City further agrees to follow, as a guide only, the forest management plan as prepared by Forester and submitted to the City for approval. Payments to be made by the City to Forester by virtue of the sale of forest products shall be made to Forester within fifteen (15) days of the receipt by the City of the gross sale price derived from the sale. Payments to be made to Forester as set forth in paragraph 7 shall be made by the City to Forester within thirty (30) days following presentation of Forester's statement for services and expenses incurred. Payments received for services described in paragraphs 2 and 3 shall also be considered payment for services performed as described in paragraph 1. The City and Forester anticipate that costs for forestry services performed under this contract shall be paid for from timber sale receipts. The City and Forester agree that the primary objective of this contract is to provide for the Roanoke area an abundant supply of clean, fresh water by prudent forest management practices. This contract shall remain in force for five (5) years from the date hereof, but may be terminated by either party notifying the other in writing more than thirty (30) days prior to the first day of April of any given year, of their desire to terminate said contract, in which event this contract shall terminate on the last day of March of the ending year. IN WITNESS WHEREOF, the City has hereunto set its hand and seal, and Forester has caused its corporate name to be signed by its President, attested by its Secretary, and its corporate seal to be affixed all on the day and year first above written. CITY OF ROANOKE ATTEST: City Manager City Clerk YORK FORESTRY & LAND CO., INC. ATTEST: President ATTEST: APPROVED Deputy City Clerk Mayor 3!_ 4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of May, 1974. No. 21544. AN ORDINANCE providing for the City's engagement of certain professional consultant services upon certain terms and conditions; and providing for an emergency. WHEREAS, it has been recommended to the Council by the City Manager and the City Attorney that the services of the consultants hereinafter referred to be engaged for purposes in connection with pending annexation litigation to which the City is a party and, the Council concurring, 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 authorization be and is hereby granted by the Council that 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 engaged by the City by acceptance of said firm's written proposal made under date of May 13, 1974, to the City of Roanoke, a copy of which is on file in the office of the City Clerk; said consultants to be compensated on monthly billings to be made to the City on their customary per diem hourly rate plus actual direct personnel expense for travel, subsistance and related direct expense, and with the sum of $500.00 plus actual expense incurred for court attendance and testimony, all of the aforesaid, however, not to exceed the total amount of $10,000.00 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 engagement by accepting 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 upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of May, 1974. No. 21545. AN ORDINANCE to amend and reordain Section #37, "Public Assistance," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #37, "Public Assistance," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE #37 Aid to Dependent Children (1) ....................... $3,994,110.00 Aid to Dependent Children - Foster Care (2) .................... 12,500.00 (1) Net decrease --- $7,500.00 (2) Net increase --- 7,500.00 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 28th day of May, 1974. No. 21546. AN ORDINANCE to amend and reordain Section #37, "Public Assistance," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #37, "Public Assistance," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE #37 WIN - Other Services (1) ................ $ 7,500.00 Day Care - Not WIN (2) .................. 297,500.00 (1) Net decrease --- $7,500.00 (2) Net increase --- $7,500.00 3!6 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 28th day of May, 1974. No. 21547. ATTEST: AN ORDINANCE to amend and reordain Section #22, "Commonwealth's Attorney," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #22, "Commonwealth's Attorney," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY #22 Education (1) ........................... $1,833.00 (1) Net increase --- $332.00 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 28th day of May, 1974. No. 21548. 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 of the City. WHEREAS, pursuant to prior authority of this Council, there have been filed on behalf of the City with the Division of Justice and Crime Prevention several applications for action grant awards of Federal funds pursuant to the Law Enforcement Assistance Act; and WHEREAS, the Division of Justice and Crime Prevention has awarded funds to the City pursuant to Grant No. 73-A2194 to provide additional training for the Commonwealth's Attorney of 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. 73-A2194 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-A2194 for Federal funds in the amount of $315.00 through said Division, to be used, along with certain other local funds to provide additional training for the Commonwealth's Attorney of the City, estimated to cost approximately $332.00; 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 28th day of May, 1974. No. 21549. AN ORDINANCE to amend and reordain Section #75, "Parks and Recreation," of the 1973-74 Appropriation Ordinance and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #75, "Parks and Recreation," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PARKS AND RECREATION #75 Personal Services ..................... $552,217.50 *Play Leaders ......................... 61,147.00 *Increase Play Leaders account by $4,300.00 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 28th day of May, 1974. No. 21550. A RESOLUTION amending paragraphs C. and M. of the City's OVERTIME REGULATIONS heretofore adopted by the City Council on November 27, 1967, by Resolution No. 17865, providing for payment of overtime pay in one-half hour units, and for payment of time and one-half to City policemen for attendance or duty in court and at funeral services, when such duties are performed during other than regular duty hours. BE IT RESOLVED by the Council of the City of Roanoke that paragraphs C. and M. of the City's OVERTIME REGULATIONS heretofore adopted by the City Council on November 27, 1967, by Resolution No. 17865, be and said paragraphs C. and M. are hereby amended so as to read and provide as follows: C. Ail overtime pay will be calculated and paid at the rate of 1-1/2 times the employee's hourly rate as determined by the Pay Plan of the City. On legal holidays of the City the overtime of 1-1/2 times the employee's hourly rate will be in addition to authorized holiday pay. Overtime will be compensated on the basis of one-half hour units. M. Overtime for police department personnel will be calculated and paid in accordance with these regulations except that police officers in court duty or attendance or in funeral services, when such court duty, attendance or funeral service shall fall outside regular duty hours shall be paid at the rate of 1-1/2 times the police officers' hourly rate as determined by the Pay Plan of the City. Overtime service under this paragraph shall be subject to the approval by the Superintendent of Police. BE IT FURTHER RESOLVED that the City Clerk do transmit attested copies of this resolution to the judges and clerks of all courts in the City and that the Council doth respectfully urge that all said courts make reasonable effort to expedite the trial of cases involving officers subject to the above overtime regulations. 3'I 9 BE IT FURTHER RESOLVED that the aforesaid amendments to the City's OVERTIME REGULATIONS be placed in effect retroactive to May 1, 1974. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of May, 1974. No. 21551. A RESOLUTION adopting an Amended Program of Utilization and an Amended Schedule of Development for the City's John F. Kennedy Park, subject to concurrence in said amendments by the United States Bureau of Outdoor Recreation. WHEREAS, the City of Roanoke heretofore acquired from the United States of America a parcel of land situate in the City containing 7.83 acres, more or less, by deed of quitclaim made the 28th day of May, 1965, which said land was conveyed to the City as and for a public park and public recreation area for the use and benefit of the public and which, together with certain adjacent land acquired by the City has been dedicated and is known as the John F. Kennedy Park of the City of Roanoke; and WHEREAS, upon the City's acquisition of the aforesaid 7.83 acre parcel of land and as a condition upon which the conveyance thereof to the City was made by the Government, the City covenanted and agreed that said property would be forever used and maintained as a public park and public recreation area in accordance with the proposals contained in the City's application for transfer of surplus Federal property for park and recreational use dated June 24, 1964, and entitled "Application for Public Park 'Public Recreation Area" but which was agreed might be amended from time to time at the request of either party, with the written concurrence of the other, such amendments to be added to and become a part of the original program of utilization of said land; and WHEREAS, by reason of subsequent changes occurring in the use of certain public schools and in neighborhood requirements and desires and by reason of the present need for a passive recreational facility in that area of the City, it has been recommended that the program of utililization and the schedule of development contained in and made a part of the City's application for transfer of surplus Federal property for park and recreational use dated June 24, 1964, aforesaid, be amended and revised; and 32O WHEREAS, this body, considering said recommendation, approves each aforesaid amendment, subject to concurrence in such approval by the United States Bureau of Outdoor Recreation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, subject to concurrence herein by the United States Bureau of Outdoor Recreation, this Council approves and adopts as amendments to be added to and made a part of the original program of utilization of that certain 7.83 acre parcel of land granted and conveyed to the City of Roanoke by the United States of America by deed dated May 28, 1965, that certain Amended Program of Utilization - 1974 and that certain Amended Schedule of Development - 1974, filed as Exhibit A and Exhibit B, respectively, with the City Manager's report to the Council dated May 28, 1974, which said Amended Program of Utilization - 1974 and Amended Schedule of Development -1974 are incorporated herein by reference. BE IT FURTHER RESOLVED that the City Manager do transmit to the United States Bureau of Outdoor Recreation, Southeast Regional Office, an attested copy of this resolution to which shall be attached a certified copy of the amendments incorporated herein by reference; and that the City Manager request the Bureau of Outdoor Recreation to concur in writing with each aforesaid amendment. APPROVED AT TE S T: p~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of May, 1974. No. 21552. AN ORDINANCE to amend and reordain Section #550, "Municipal Airport Fund," of the 1973-74 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 1973-74 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 (1) ....................... $9,916.88 (1) Net increase --- $9,916.88 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 28th day of May, 1974. No. 21553. AN ORDINANCE providing for the purchase and installation of certain furniture and furnishings for use in the Airport Terminal Building, upon certain terms and conditions; and providing for an emergency. WHEREAS, on May 15, 1974, and after proper advertisement had been made therefor, certain bids for the supply of the equipment hereinafter authorized to be purchased were opened and read in the office of the City's Purchasing Agent before a committee appointed for the purpose by the Council, said bids to be tabulated and studied, with report thereon to be made back to Council; and WHEREAS, said committee has reported in writing to the Council under date of May 28, 1974, that the bids hereinafter accepted, are the lowest or best bids meeting the City's specifications made therefor, and should be accepted; and WHEREAS, funds sufficient to provide for the payment of the purchase price of the equipment hereinafter authorized to be purchased have been or are being contemporaneously appropriated for the purpose, and it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Caldwell Sites Company to furnish and deliver certain items of furniture and furnishings for the Airport Terminal Building, all of which meets or exceeds the City's specifications made therefore, for a total lump sum price of $4,971.29, cash; and 2. That the bid of Everett Waddey Company to furnish and deliver certain items of furniture and furnishings for the Airport Terminal Building, all of which meets or exceeds the City's specifications made therefore, for a total lump sum price of $4,857.55, cash; and 3. That the bid of Clyde Rudd and Associates to furnish and deliver certain items of furniture and furnishings for the Airport Terminal Building, ATTEST: all of which meets or exceeds the City's specifications made therefore, for a total lump sum price of $532.00, cash; and 4. That the bid of Harris Office Furniture Company to furnish and deliver certain items of furniture and furnishings for the Airport Terminal Building, all of which meets or exceeds the City's specifications made therefore, for a total lump sum price of $4,556.04, cash, be and each of said proposals, as recommended in the aforesaid committee report of May 28, 1974, are hereby ACCEPTED; and the City's Purchasing Agent is hereby authorized and directed to issue to the successful bidders the City's purchase orders for the aforesaid new equipment, incorporating into said purchase orders the City's aforesaid specifications, said bidders' proposals, guarantees and warranties, and the provisions of this ordinance; and upon delivery to the City and the City's acceptance of said new equipment, the proper City officials shall be, and are hereby authorized and directed to make requisite payment to said successful bidders of the aforesaid purchase prices, not to exceed the sums hereinabove set out. BE IT FURTHER ORDAINED that the 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 the City's appreciatio~ for said bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of May, 1974. No. 21554. AN ORDINANCE providing for the purchase and installation of carpeting and vinyl wall covering for use in the Roanoke civic Center, upon certain terms and conditions; and providing for an emergency. WHEREAS, on April 23, 1974, and after proper advertisement had been made therefor, certain bids for the supply of the equipment hereinafter authorized to be purchased were opened and read in the office of the City's Purchasing Agent before a committee theretofore appointed by the Council for the purpose, to tabulate and study said bids, with report thereon to be made back to Council; and WHEREAS, said committee has reported in writing to the Council under date of May 28, 1974, that the bids hereinafter accepted are either the best or only bids in each category meeting the City's specification made therefor, and should be accepted; and WHEREAS, funds sufficient to provide for the payment of the purchase prices of the equipment hereinafter authorized to be purchased have been appropriated for the purpose, and it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Hundley Painting and Decorating Company, of Roanoke, Virginia, to provide and install vinyl wall covering at the Civic Center Exhibit Hall for a total price of $1,664.00; and 2. That the bid of Carpet Systems, Incorporated of Richmond, Virginia, to furnish and install carpeting for the Civic Center Exhibit Hall for a total net price of $17,082.50, be, and each of said proposals is hereby ACCEPTED; and the City's Purchasing Agent is hereby authorized and directed to issue to the successful bidders the City's purchase orders for the aforesaid new equipment, incorporating into said purchase orders the City's aforesaid specificatiolLs, said bidders' proposals, guarantees and warranties, and the provisions of this ordinance; and upon delivery to the City and the City's acceptance of said new equipment, the proper City officials shall be, and are hereby authorized and directed to make requisite payment to said successful bidders of the aforesaid purchase prices, not to exceed the sums hereinabove set out. BE IT FURTHER ORDAINED that all other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby REJECTED; the City Clerk to so notify all said other bidders and to express to each the City's appreciation for each said bid. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor 324 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of May, 1974. No. 21555. AN ORDINANCE to amend and reordain Section #450, "Municipal Airport Fund," of the 1973-74 Municipal Airport Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #450, "Municipal Airport Fund," of the 1973-74 Municipal Airport Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL AIRPORT FUND #450 Air Cargo Building (1) ................... $118,678.00 (1) Net increase --- $118,678.00 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 28th day of May, 1974. No. 21556. AN ORDINANCE accepting the proposal of Hodges Lumber Corporation for the construction of a certain addition to the Air Cargo Building with certain additional paved parking and ramp area at the Roanoke Municipal Airport; authorizin¢ the proper City officials to execute the requisite contract; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, at the meeting of Council held on May 20, 1974, and after due and proper advertisement had been made therefor, four (4) bids for furnishing all tools, machines, labor and materials for the construction of a 100-foot addition to the existing Air Cargo Building with certain additional paved parking and ramp area at the Roanoke Municipal Airport, along with related air, water and electric utility line installations, were opened and read before the Council, whereupon all said bids were referred to a committee appointed by the Council to tabulate and study the same and to make report and recommendation thereon to the Council; and WHEREAS, said committee has reported to the Council in writing its tabulation and recommendation on all said bids, from which it appears to the Council that the proposal of Hodges Lumber Corporation represents the lowest and best bid made to the City for the performance of said work, and should be accepted; that said other bids should be rejected; and WHEREAS, funds sufficient to pay for the cost of the aforesaid improve- ments have been or are being appropriated for the purpose by the Council; 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 written proposal of Hodges Lumber Corporation made to the City for the construction of a 100-foot extension of the existing Air Cargo Building with certain additional paved parking and ramp area at Roanoke Municipal Airport and, also, related air, water and electric utility line in- stallations, all as described in the City's plans and specifications, for a lump sum of $118,678.00, 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 aforesaid Hodges Lumber Corporation, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for said work; said contract to be upon 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; and (3) That the other bids made to the City for performing said work be REJECTED, the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: APPROVED Deputy City Clerk Mayor 326 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of May, 1974. No. 21557. AN ORDINANCE to amend and reordain subsections (4) Ordinary disability re- tirement allowance-Benefits, and (6) Accidental disability retirement allowance- Benefits, 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 increase the benefits to City employees retiring from City service due to ordinary or accidental disability; providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, the Board of Trustees of the Employees' Retirement System of the City of Roanoke has recommended adoption of certain amendments hereinafter set forth, prepared by George B. Buck, Consulting Actuaries, Inc., in order that certain benefits in said Employees' Retirement System be increased, in which recommendation the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that subsections (4) Ordinary disability retirement allowance-Benefits, and (6) Accidental disability retirement allowance-Benefits, 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, be and said subsections are hereby amended and reordained to read and provide as follows: (4) Same-Benefits. The ordinary disability retirement allowance shall be computed as a service retirement allowance on the basis of the member's average final compensation and creditable service at the time of his retirement; provided that if the member has not attained his minimum service retirement age and the retirement allowance computed as herein provided is less than twenty-five per cent of the member's average final compensation, the pension shall be increased to the lesser of said twenty-five per cent or the amount that would have been payable to the member as a service retirement allowance on retirement at his minimum service retirement age if he continued in service until such age without change in his average final compensation. (6) Same-Benefits. The accidental disability retirement allowance shall be equal to the service retirement allowance if the member has attained the age of sixty-five; otherwise, it shall consist of a pension equal to sixty-six and two-thirds per cent of his average final compensation. 3 P 7 ATTEST: BE IT FURTHER O~AINED that, an emergency existing, this ordinance shall be in effect retroactive to January 1, 1974. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1974. No. 21543. AN ORDINANCE permanently vacating, discontinuing, and closing that certain 15-foot wide alley located south of Tazewell Avenue, S. E., and extending in a west-east direction from First Street, S. E., to Third Street, S. E., through Blocks 5 and 6 of the Map of Park Land and Improvement Company and across the Norfolk and Western Railway Company's Winston-Salem Division right- of-way, said alley being shown on Sheet 401 of the City's Tax Appraisal Map, the title to which said portion of said alley shall revert to the abutting owners; and authorizing the pay~..ent of viewers in connection with said alley closing. WHEREAS, the Council has heretofore on its own motion proposed the permanent closing, vacating, and discontinuing of the alley hereinafter described and did, by Resolution No. 21511, appoint viewers to view said alley and to report to the Council as provided by law; and did further refer to the City Planning Commission the Council's proposal to permanently close, vacate, and discontinue said alley; and WHEREAS, Messrs. R. Lee Mastin, Fred DeFelice and L. Elwood Norris, 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 alley and have reported to the Council in writing under date of May 16, 1974, that in their opinion no inconvenience would result, either to any individual or to the public, from permanently vacating, closing and discontinuing said alley; and the City Planning Commission, upon consideration of the Council's proposal, has recommended to the Council in writing that said alley be permanently vacated, closed, and discontinued; and WHEREAS, at a public hearing on the question of the closing of said alley, held at the Council meeting on the 28th day of May, 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 328 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 said alley described in the aforesaid Resolution and in said Report of Viewers and hereinafter described, and that the same should be permanently vacated, closed, and discontinued as a public alley, the fee simple title to which will revert to the abutting owners. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following described alley situate in the City of Roanoke, to-wit: That certain 15-foot wide alley located south of Tazewell Avenue, S. E., and ex- tending in a west-east direction from First Street, S. E., to Third Street, S. E., through Blocks 5 and 6 of the Map of Park Land & Improvement Company and across the Norfolk and Western Railway Company's Winston-Salem Division right- of-way, as said alley is now shown on Sheet 401 of the Tax Appraisal Maps of the City of Roanoke to be located, be, and is hereby permanently VACATED, DISCONTINUED and CLOSED as a public alley, and that all right, title and interest of the public in general in and to said alley, as a public alley of the City, is hereby terminated and released insofar as this Council is empowered so to do, the City of Roanoke in its corporate capacity reserving unto itself an easement for any water, sewer, or other public utility line or lines, if any, now existing therein, and the right of ingress and egress for the maintenance and repair thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to mark "permanently vacated, discontinued, and closed" that 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 last mentioned Clerk's Office and be spread in the current deed book therein, proper notice to be made on alI maps and plats recorded in said Clerk's Office upon which are shown 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 $25.00 to each of the following named viewers who have acted in this matter in payment for their services, viz: R. Lee Mastin $25.00 Fred DeFelice $25.00 L. Elwood Norris $25.00 the Council, further, does hereby express its appreciation to the aforesaid viewers for their services in this regard. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1974. No. 21558. AN ORDINANCE rearranging and establishing boundaries of the City's voting precincts and designating the polling places in each of the same, by amending Title IV, Elections, of the Code of the City of Roanoke, 1956, as amended, so as to repeal Chapter 2., Precincts and Voting Places, in its entirety, and enact in the place thereof a new chapter, numbered Chapter 2.1., Precincts and Voting Places; and providing for the effective date of this ordinance. WHEREAS, the Electoral Board of the City of Roanoke, after extensive study and based upon the results of such study, has recommended to the City Council that the voting precincts of the City be reduced in number from thirty- seven (37) to thirty (30) and consolidated into new precincts in order to more nearly equalize the number of voters in each of the several precincts, to conduct subsequent elections in a more efficient and economic manner, and to provide more convenient access to polling places for the electorate exercising the franchise; and WHEREAS, it being the policy of the City Council to seek to ascertain the views of the citizens of the City in matters effecting their right to the voting franchise, on May 28, 1974, at a regularly scheduled meeting of the City Council and pursuant to due notice, a public hearing was held on the proposed new precincts and voting places to be established by this ordinance, at which hearing all citizens wishing to be heard were afforded full opportunity to be heard and to express their views on the proposed new voting precinct boundaries and polling places therein; and WHEREAS, significant shifts of the population within certain of the voting precincts, the boundaries of which were generally established in 1949, have made disproportionate the number of voters in certain of those precincts whereas, the advent and popular acceptance of the use of voting machines in all said precincts has made the process of voting more convenient, more accurate and less time consuming for the individual elector, as well as for the officials of election, permitting of the accommodation of a larger number of individual voters at any one voting place in the course of each election; and 330 WHEREAS, all elections to local, State and Federal offices held in the City have for many years and are still conducted on an at-large basis, thereby giving to each vote cast equal weight to every other vote in every such election; by the establishment of new and different voting precinct boundaries;i and ~' '! WHEREAS, in consideration of all of which and in order to secure and promote the general welfare of the citizens of the City and to better and more conveniently enable said citizens to exercise their right to vote, the City Council concurs in the recommendations of the Electoral Board and deems it both necessary and expedient to provide for a rearrangement of the voting precincts and voting places in the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title IV, Elections, of the Code of the City of Roanoke, 1956, as amended, be and it is hereby amended by repealing Chapter 2., Precincts and Voting Places, and enacting in the place thereof a new chapter to be numbered Chapter 2.1., Precincts and Voting Places, to read and provide as follows: Sec. 1. Establishment of election districts and voting precincts. The territory embraced within the corporate limits of the city shall be, and is, divided into election districts, and voting precincts shall be establish- ed in each of said districts, as set out in the following sections. Sec. 2. Highland Precinct No. 1. Beginning at the intersection of Third Street, S. W., and the Norfolk and Western Railway right- of-way; thence, with the center of Third Street, S. W., to Franklin Road; thence, with the center of Franklin Road to Marshall Avenue, S. W.; thence, with the center of Marshall Avenue, S. W., to Tenth Street, S. W.; thence, with the center of Tenth Street, S. W., to the Roanoke River; thence, up Roanoke River as it meanders to the west corporate line; thence, with the Norfolk and Western Railway southern right-of-way line to the beginning. Sec. 3. Voting place in Highland Precinct No. 1. The voting place in Highland Precinct No. 1 shall be, and the same is established at the West End Elementary School, which is located on the east side of Tenth Street, S. W., between Campbell Avenue, S. W., and Marshall Avenue, S. W. Sec. 4. Highland Precinct No. 2. Beginning at the intersection of Franklin Road, S. W., and Marshall Avenue, S. W.; thence, with the center of Franklin Road, S. W., to Elm Avenue, S. W.; thence, with the center of Elm Avenue, S. W., to Third Street, S. E.; thence, with the center of Third Street, S. E., to Albemarle Avenue, S. E.; thence, with the center of Albemarle Avenue, west to the center of Third Street, S. W.; thence, with the center of Third Street, south to the center of Albemarle Avenue, S. W.; thence, with the center of Albemarle Avenue, west to Franklin Road; thence, with the center of Franklin Road to Maple Avenue, S. W.; thence, still with the center of Franklin Road to Roanoke River; thence, up Roanoke River as it meanders to Tenth Street, S. W., extended; thence, with the center of Tenth Street, S. W., to Marshall Avenue, S. W.; thence, with the center of Marshall Avenue, S. W., to the beginning. 33! Sec. 5. The voting place in Highland Precinct No. 2. The voting place in Highland Precinct No. 2 shall be, and the same is, established at the Highland Park Elementary School located on the east side of Fifth Street, S. W., between Albemarle Avenue, S. W., and Walnut Avenue, S. W. Sec. 6. Jefferson Precinct No. 1. Beginning at the intersection of Tenth Street, S. E., and the Norfolk~and Western Railway right- of-way; thence, with the center of Tenth Street, S. E., to Tazewell Avenue, S. E.; thence, with the Center of Tazewell Avenue, S. E., west to Tenth Street, S. E.; thence, with the center of Tenth Street, S. E., to Bullitt Avenue; thence, with the center of Bullitt Avenue to Eleventh Street, S. E.; thence, with the center of Eleventh Street, S. E., to Highland Avenue, S. E., thence, with the center of Highland Avenue, S. E., to Seventh Street, S. E.; thence, with the center of Seventh Street, S. E., to Albemarle Avenue, S. E.; thence, with the center of Albemarle Avenue, S. E., to Third Street, S. E.; thence, with the center of Third Street, S. E., to Elm Avenue, S. E.; thence, with the center of Elm Avenue, S. E., to Franklin Road, S. W.; thence, with the center of Franklin Road, S. W., to Third Street, S. W.; thence, with the center of Third Street, S. W., to the Norfolk and Western Railway right-of-way; thence, east with the Norfolk and Western right-of-way to the beginning. Sec. 7. Voting place in Jefferson Precinct No. 1. The voting place in Jefferson Precinct No. 1 shall be, and the same is established at the Belmont Elementary School on the north side of Dale Avenue, S. E., between Seventh Street, S. E., and Eighth Street, S. E. Sec. 8. Jefferson Precinct No. 2. Beginning at the intersection of the Norfolk and Western Railway right-of-way and Tenth Street, S. E.;~ thence, with the Norfolk and Western Railway right-of-way to Tinker Creek, the east corporation line; thence, down Tinker Creek as it meanders to the north right-of-way line of the Norfolk and Western Railway, the old south corporation line; thence, with the Norfolk and Western Railway right- of-way line to Tayloe Avenue, S. E.; thence, with the center of Tayloe Avenue, S. E., to Eleventh Street, S. E.; thence, with the center of Eleventh Street, S. E., to Bullitt Avenue, S. E., thence, with the center of Bullitt Avenue, S. E., to Tenth Street, S. E.; thence, with the center of Tenth Street, S. E., to Tazewell Avenue, S. E.; thence, east with the center of Tazewell Avenue, S. E., to Tenth Street, S. E.; thence, with the center of Tenth Street, S. E., to the beginning. Sec. 9. Voting place in Jefferson Precinct No. 2. The voting place in Jefferson Precinct No. 2 shall be, and the same is established at the Jamison Avenue Elementary School which is located on the south side of Jamison Avenue between Thirteenth Street and Fourteenth Street, S. E. Sec. 10. Jefferson Precinct No. 3. Beginning at the intersection of Third Street, S. E., and Albemarle Avenue, S. E.; thence, with the center of Albemarle Avenue, S. E., to Seventh Street, S. E.; thence, with the center of Seventh Street, S. E.; to Highland Avenue, S. E.; thence, with the center of Highland Avenue, S. E., to Eleventh Street, S. E.; thence, with the center of Eleventh Street, S. E., to Tayloe Avenue, S. E.; 332 thence, with the center of Tayloe Avenue, S. E., to the Norfolk and Western Railway right-of-way; thence, with the Norfolk and Western Railway right- of-way, the old south corporation line, to a point; thence, leaving the Norfolk and Western Railway right-of-way line and with the old corporation line to Roanoke River; thence, up Roanoke River as it meanders to the center line of the Walnut Avenue Bridge; thence, with the center line of the Walnut Avenue Bridge to Third Street, S. E.; thence, with the center of Third Street, S. E., to the beginning. Sec. 11. Voting place in Jefferson Precinct No. 3. The voting place in Jefferson Precinct No. 3 shall be, and the same is established at the Buena Vista Recreation Center, located in Jackson Park, in said precinct. Sec. 12. Jefferson Precinct No. 4. Beginning at the intersection of Albemarle Avenue, S. E., and Third Street, S. E.; thence, with the center of Third Street, S. E., to the center line of the Walnut Avenue Bridge; thence, with the center line of the Walnut Avenue Bridge to Roanoke River; thence, down Roanoke River as it meanders to the old east corporation line; thence, with the old east corporation line to the line of the former incline railway up Mill Mountain, extended; thence, with same to South Jefferson Street; thence, with the center of South Jefferson Street to Roanoke River; thence, up Roanoke River to the Norfolk and Western Railway's southern right-of-way line; thence, with the Norfolk and Western Railway's southern right-of-way line to Rosalind Avenue, S. W.; thence, with the center of Rosalind Avenue, S. W., to Twenty-fifth Street, S. W. ; thence, with the center of Twenty-fifth Street, S. W., to Stephenson Avenue, S. W.; thence, with the center of Stephenson Avenue, S. W., to Broadway Avenue, S. W.; thence, with the center of Broadway Avenue, S. W., crossing Franklin Road, and still with the center of Broadway Avenue,. S. W., to the Norfolk and Western Railway right- of-way line; thence, with the Norfolk and Western Railway right-of-way line north to Franklin Road, S. W.; thence, with the center of Franklin Road, S. W., to Albemarle Avenue, S. W.; thence, with the center of Albemarle Avenue, S. W., to Third Street, S. W.; thence, with the center of Third Street, S. W., to Albemarle Avenue, S. W.; thence, with the center of Albemarle Avenue, S. W., to the beginning. Sec. 13. Voting place in Jefferson Precinct No. 4. The voting place in Jefferson Precinct No. 4 shall be, and the same is established at the National Guard Armory Building on the south side of Reserve Avenue, S. W., between Jefferson Street and Franklin Road, S. W. Sec. 14. Tinker Precinct. Beginning at a point on the Norfolk and Western Railway right-of-way (Shenandoah Valley Division) where it crosses Tinker Creek; thence, with said Norfolk and Western Railway right-of-way south to its intersection with the Norfolk and Western Railway right-of-way (Norfolk Division); thence, with said Norfolk and Western Railway right-of-way east to Tinker Creek; thence, with Tinker Creek north to the new city line on said Creek; thence, following the new City line to the place of beginning. 3 3 3 Sec. 15. Voting place in Tinker Precinct. The voting place in Tinker Precinct shall be, and the same is, established at the Thrasher Park Recrea- tion Center located on the westerly side of Vinton Mill Road, N. E. Sec. 16. Williamson Road Precinct No. 1. Beginning at a point on the Norfolk and Western Railway right-of-way (Shenandoah Valley Division) at Read Road, N. E., and Hollins Road, N. E.; thence, south with said railway right-of-way to Indiana Avenue, N. E.; thence, west with the center of Indiana Avenue, N. E., to a point in the old cor- porate line; thence, with same to Pocahontas Avenue, N. E.; thence, west with the center of Pocahontas Avenue, N. E., to Williamson Road; thence, northwest with the center of Williamson Road to the intersection of Huntington Boulevard, N. E.; thence, northeast with the center of Huntington Boulevard, N. E., to Read Road, N. E.; thence, with the center of Read Road, N. E., to the Norfolk and Western Rail- way right-of-way, the place of beginning. Sec. 17. Voting place in Williamson Road Precinct No. 1. The voting place in Williamson Road Precinct No. 1 shall be, and the same is, established at the Oakland School. Sec. 18. Williamson Road Precinct No. 2. Beginning at a point on the Norfolk and Western Railway right-of-way (Shenandoah Division) where it crosses Tinker Creek; thence, south with said railway right- of-way to Read Road, N. E.; thence, with the center of Read Road, N. E., to the intersection of Huntington Boulevard, N. E.; thence, west and southwest with the center of Huntington Boulevard, N. E., to Williamson Road; thence, northwest with the center of Williamson Road to Preston Avenue, N. W.; thence, east with the center of Preston Avenue, N. W., to Winsloe Avenue, N. W.; thence, north with the center of Winsloe Avenue to Frontier Road, N. W.; thence, east with the center of Frontier Road to Oliver Road, N. E.; thence, north with the center of Oliver Road, N. E., extended to Carvins Creek at the City limits; thence, with the City limits and Carvins Creek to where it meets Tinker Creek; thence, south with Tinker Creek to the place of beginning. Sec. 19. Voting place in Williamson Road Precinct No. 2. The voting place in Williamson Road Precinct No. 2 shall be, and the same is, established at Preston Park Recreation Center. Sec. 20. Williamson Road Precinct No. 3. Beginning at a point on Williamson Road at the southeast corner of the Lukens property; thence, in a westerly di- rection with the south line of the Lukens property to an alley which runs along the south side of said property; thence, with said alley in a westerly direction to an alley which runs north and south between Dunbar and Lukens Street; thence, with said alley in a northerly direction to Liberty Road; thence, with the center of Liberty Road in a southwesterly direction to a point east of Page Avenue, N. W.; thence, in a northwesterly direction through unplatted land to Page Avenue, N. W.; thence, south to a point on Lick Run; thence, with Lick Run, as it meanders, to Tenth Street, N. W., and Syracuse Avenue, N. W.; thence, in a northeasterly direction along the center of Tenth Street, N. W., to Williamson Road, N. W.; thence, south with the center of Williamson Road, N. W., to the southeastern corner of the Lukens property, the place of beginning. 334 Sec. 21. Voting place in Williamson Road Pre- cinct No. 3. The voting place in Williamson Road Precinct No. 3 shall be, and the same is, established at Fire Station No. 10. Sec. 22. Williamson Road Precinct No. 4. Beginning at the intersection of Tenth Street, N. W., and Lick Run; thence, along Lick Run to the northwest corner of the Watts Farm; thence, with the lines of the present Watts Farm to a point in Avalon Avenue, N. W., thence, with the center of Avalon Avenue, N. W., to the rear lot line of Lot 1, Block H, Round Hill Terrace Subdivision; thence, with said line in a southeasterly direction crossing Broad Street, N. W., to the rear corner of Lot 1, Block G, Round Hill Terrace Subdivision; said corner being in line of Clarendon Avenue, N. W., extended; thence, east with this line and the center of Clarendon Avenue, to Williamson Road; thence, south with the center of Williamson Road to Tenth Street, N. W.; thence, southwest with the center of Tenth Street, N. W., to Lick Run, the place of beginning. Sec. 23. Voting place in Williamson Road Precinct No. 4. The voting place in Williamson Road Precinct No. 4 shall be, and the same is, established at the Round Hill Elementary School located at 2020 Oakland Boule- vard, N. W. Sec. 24. Williamson Road Precinct No. 5. Beginning at the northwest corner of the Watts Farm and Lick Run; thence, with the lines of the present Watts Farm to a point in Avalon Avenue, N. W.; thence, with the center of Avalon Avenue N. W.; to the rear lot line of Lot 1, Block H, Round Hill Terrace Subdivision; thence, with said line in a southeasterly direction crossing Broad Street, N. W., to the rear corner of Lot 1, Block G, Round Hill Terrace Sub- division, said corner being in line of Clarendon Avenue, N. W., extended; thence, east with this line and the center of Clarendon Avenue to Williamson Road; thence, northwest with the center of Williamson Road to Hershberger Road, N. W.; thence, west on Hershberger Road (Virginia Route 9101) to Lick Run; thence, southeast on Lick Run to the northwest corner of the Watts Farm, the place of beginning. Sec. 25. Voting place in Williamson Road Precinct No. 5. The voting place in Williamson Road Precinct No. 5 shall be, and the same is, established in Huff Lane Elementary School located west of Huff Lane, N. W. Sec. 26. Williamson Road Precinct No. 6. Beginning on Preston Avenue, N. W., at Williamson Road; thence, northwest with the center of Williamson Road to Hershberger Road, N. W., where Route 9118 intersects; thence, north along Virginia Route 9118 to the new city limits; thence, east with the new city limits to Florist Road, N. W.; thence, south with Florist Road, N. W., to Hershberger Road, N. W.; thence, east with Hershberger Road, to Carvin's Creek; thence, along Carvin's Creek to where it meets Oliver Road, N. E., extended; thence,~ south with the center of Oliver Road, N. E., to the intersection of Frontier Road, N. E.; thence, west with the center of Frontier Road to the intersection of Winsloe Drive, N. W.; thence, with the center of Winsloe Drive, N. W., south to the intersection of Preston Avenue, N. W.; thence, west with the center of Preston Avenue, N. W., to the intersection of Williamson Road, the place of beginning. Sec. 27. Voting place in Williamson Road Precinct No. 6. The voting place in Williamson Road Precinct No. 6 shall be, and the same is, established at the Preston Park School. Sec. 28. Lincoln Terrace Precinct. Beginning at the intersection of Second Street, N. W., and the Norfolk and Western Railway right- of-way; thence, with the Norfolk and Western Railway right-of-way following the north line of the Railway property and in a northeasterly direction following the Shenandoah Valley Division of said Railway to Indiana Avenue, N. E.; thence, with Indiana Avenue, N. E., to the old corporation line; thence, with the old corporation line to Pocahontas Avenue, N. E.; thence, west with the center of Pocahontas Avenue, N. E., to Williamson Road and the southern line of the Lukens property; thence, along the line of the Lukens property to an alley which runs along the south end of said property; thence, with said alley in a westerly direction to an alley which runs north and south between Dunbar and Lukens Streets; thence, with said alley in a northerly direction to Liberty Road; thence, with the center of Liberty Road in a southwesterly direction to a point east of Page Avenue, N. W.; thence, in a northwesterly direction through unplatted land to a point on Page Avenue; thence, in a southerly direction, passing through the east end of Page Avenue to a point on Lick Run; thence, in a northwesterly direction on Lick Run as it meanders to Twelfth Street, N. W.; thence, south with the center of Twelfth Street, N. W., to the intersection of Twelfth Street, N. W., and Orange Avenue, N. W.; thence, east with the center of Orange Avenue, N. W., to the intersection of Orange Avenue, N. W., and Fifth Street, N. W.; thence, south with the center of Fifth Street, N. W., to Harrison Avenue, N. W.; thence, east with the center of Harrison Avenue, N. W., to Third Street, N. W.; thence, south with the center of Third Street, N. W., to Centre Avenue, N. W.; thence following the center line of Centre Avenue, N. W., east to second Street, N. W., and the Norfolk and Western Railway right-of-way and the place of beginning. Sec. 29. Voting place in Lincoln Terrace Precinct. The voting place in Lincoln Terrace Precinct shall be, and the same is established at the Lincoln Terrace Elementary School. Sec. 30. Melrose Precinct. Beginning at the intersection of the Norfolk and Western Railway right-of-way and Second Street, N. W.; thence, with the Norfolk and Western Railway right-of- way to Twenty-second Street, N. W.; thence, with the center of Twenty-second Street, N. W., to Moorman Road, N. W.; thence, with the center of Moorman Road, N. W., east to Twenty-second Street, N. W.; thence, with the center of Twenty-second Street, N. W., to Orange Avenue, N. W.; thence, with the center of Orange Avenue, N. W., to the intersection of Fifth Street, N. W.; thence, south with the center of Fifth Street, N. W., to Harrison Avenue, N. W.; thence, east with the center of Harrison Avenue, N. W., to Third Street, N. W.; thence, south with the center of Third Street, N. W., to Centre Avenue, N. W.; thence, east with the center of Centre Avenue, N. W., to Second Street, N. W., and the Norfolk and Western Railway right-of-way and the place of beginning. Sec. 31. Voting place in Melrose Precinct. The voting place in Melrose Precinct shall be, and the same is, established at the No. 5 Fire Station located on the east side of Twelfth Street, N. W., between Centre Avenue, N. W., and Loudon Avenue, N. W. 336 Sec. 32. Eureka Park Precinct. Beginning at a point at the intersection of Orange Avenue and Twelfth Street, N. W.; thence, with the center of Orange Avenue in a westerly direction to Twenty-second Street, N. W., thence, with the center of Twenty-second Street, N. W., to Cove Road; thence, with the center of Cove Road in a northerly direction to the southeast corner of Fairland Subdivision; thence, in an easterly direction with the south line of said subdivision to the Huff line; thence, in a northerly direction on a line between said Fairland Subdivi- sion and Huff line to Lick Run; thence, with Lick Run in a southeasterly direction to its intersection with Twelfth Street, N. W.; thence, with the center of Twelfth Street, N. W., in a southerly direction to Orange Avenue, N. W., and the place of beginning. Sec. 33. Voting place in Eureka Park Precinct. The voting place in Eureka Park Precinct shall be, and the same is, established at the Northwest Elementary School, located on the north side of Carroll Avenue, N. W., between Nineteenth Street, N. W., and Twentieth Street, N. W. Sec. 34. Villa Heights Precinct. Beginning at the intersection of Shenandoah Avenue, N. W., and Twenty-second Street, N. W.; thence, in a northerly direction with the center of Twenty-second Street, N. W., to Moorman Road, N. W., thence, east with the center of Moorman Road, N. W., to Twenty- second Street, N. W.; thence, north with the center of Twenty-second Street, N. W., to Cove Road, N. W.; thence, with the center of Cove Road, N. W., to the southeast corner of Fairland Subdivision; thence, in an easterly direction with the south line of said subdivision to the Huff line; thence, in a northerly direction between Fairland ~ub~ivision and Huff line to Lick Run; thence, in a northwesterly direction with Lick Run to Hershberger Road; thence, with Hershberger Road in a westerly direction to Cove Road; thence, with the center of Cove Road in an easterly direction to Guildhall Avenue; thence, with the center of Guildhall Avenue, in a southwesterly direction to Forest Park Boulevard; thence, with the center of Forest Park Boulevard in a southeasterly direction to Melrose Avenue; thence, with the center of Melrose Avenue to Runnymeade Branch; thence, along Runnymeade Branch as it meanders to Twenty-fourth Street, N. W.; thence, south with the center of Twenty-fourth Street, N. W., to the Norfolk and Western Railway property; thence, along the Norfolk and Western Railway line in an easterly direction to Twenty-second Street, N. W.; thence, in a northerly direction on the line with Twenty-second Street, N. W., to Shenandoah Avenue, N. W., the place of beginning. Sec. 35. Voting place in Villa Heights Precinct. The voting place in Villa Heights shall be, and the same is, established at Fire Station No. 9. Sec. 36. Washington Heights Precinct. Beginning at the intersection of Forest Park Boule- vard, N. W., and Melrose Avenue, N. W.; thence, with the center of Melrose Avenue, N. W., in a north- westerly direction to Peters Creek; thence, in a southerly direction with Peters Creek and the city line to Norfolk and Western Railway property to Twenty-fourth Street, N. W.; thence, north with the center of Twenty-fourth Street, N. W., to Runny- meade Branch; thence, along Runnymeade Branch as it meanders to Melrose Avenue, N. W., to the intersection of Forest Park Boulevard and Melrose Avenue, the place of beginning. Sec. 37. Voting place in Washington Heights Precinct. The voting place in Washington Heights Precinct shall be, and the same is, established at the Forest Park School. Sec. 38. Westside Precinct. Beginning at the intersection of Cove and Hershberger Roads, N. W.; thence, with Hershberger Road and the city line in a westerly direction to Peters Creek; thence, in a southerly direction with Peters Creek and the city line to Melrose Avenue, N. W; thence, with the center of Melrose Avenue, N. W., in an east- erly direction to Forest Park Boulevard, N. W.; thence, in a northwesterly direction with the center of Forest Park Boulevard to Guildhall Avenue, N. W.; thence, in a northeasterly direction with the center of Guildhall Avenue, N. W., to Cove Road; thence, in a northwesterly direction with the center of Cove Road, N. W., to the intersection of Hershberger Road, the place of beginning. Sec. 39. Voting place in Westside Precinct. The voting place in Westside Precinct shall be, and the same is, established at the Westside Elementary School. Sec. 40. Raleigh Court Precinct No. 1. Beginning at the intersection of Memorial Avenue, S. W., and Roanoke River; thence, up Roanoke River, as it meanders to the west corporate line; thence, continuing up Roanoke River on the west bank thereof to a point west of Memorial Avenue; thence, east with the center of Memorial Avenue, S. W., to the inter- section of Winborne Avenue, S. W.; thence, with the center of Winborne Avenue, S. W., to the northern property line of Evergreen Cemetery; thence, with same property line of Evergreen Cemetery to the east line of the Roanoke Apartments property line; thence, with same northerly to the Roanoke River; thence, up Roanoke River as it meanders to Memorial Avenue, S. W., the place of beginning. Sec. 41. Voting place in Raleigh Court Precinct No. 1. The voting place in Raleigh Court Precinct No. 1 shall be, and the same is, established at the Virginia Heights School, located on the east side of Amherst Street between Denniston Avenue and Memorial Avenue, S. W. Sec. 42. Raleigh Court Precinct No. 2. Beginning at the intersection of Carter Road, S. W., and Yorker Drive, S. W.; thence, with the center of Yorker Drive westerly to York Road; thence, with the center of York Road northerly to Avenel Avenue; thence, westerly with the center of Avenel Avenue extended to the corporate line; thence following the corporate line in a northerly direction to Memorial Avenue; thence, easterly with the center of Memorial Avenue to Dudding Street; thence, southerly with the center of Dudding Street to the intersection of Sherwood Avenue and Carter Road; thence, southerly with the center of Carter Road to Yorker Drive, the place of beginning. Sec. 43. Voting place in Raleigh Court Precinct No. 2. The voting place in Raleigh Court Precinct No. 2 shall be, and the same is, established at Woodrow Wilson School. 3:38 Sec. 44. Raleigh Court Precinct No. 3. Beginning at the intersection of Grandin Road and Avenel Avenue, S. W.; thence, in a northwesterly direction with the center of Avenel Avenue, S. W., to Carter Road, S. W.; thence, north with the center of Carter Road, S. W., to Dudding Street, S. W.; thence, with the center of Dudding Street, S. W., to the intersection of Memorial Avenue, S. W.; thence, with the center of Memorial Avenue, S. W., to the intersection of Winborne Avenue, S. W.; thence, with the center of Winborne Avenue, S. W., to the intersection of Windsor Avenue, S. W.; thence, with the center of Windsor Avenue, S. W., in a westerly direction to the intersection of Greenwood Road, S. W.; thence, with the center of Greenwood Road, S. W., to the inter- section of Brandon Avenue, S. W.; thence, with the center of Brandon Avenue, S. W., to the intersection of Blenheim Road, S. W.; thence, with the center of Blenheim Road, S. W., southerly to Avenel Avenue, S. W., extended; thence, westerly on Avenel Avenue, S. W., extended to Grandin Road, S. W., the place of beginning. Sec. 45. Voting place in Raleigh Court Precinct No. 3. The voting place in Raleigh Court Precinct No. 3 shall be, and the same is, established at Patrick Henry High School. Sec. 46. Raleigh Court Precinct No. 4. Beginning at the intersection of Grandin Road and Avenel Avenue, S. W.; thence, easterly with the center of Avenel Avenue extended to Blenheim Road; thence, southerly with the center of Blenheim Road extended to the southwesterly property line of Shrine Hill Park; thence, with said property line, in a northwesterly direction to Montvale Road; thence, southwesterly with the center of Montvale Road, S. W., to the corporate line; thence, northerly with the corporate line to Avenel Avenue extended; thence, easterly with the center of Avenel Avenue to York Road, S. W.; thence, southerly with the center of York Road, S. W., to Yorker Drive, S. W.; thence, easterly with the center of Yorker Drive, S. W., to Carter Road; thence, northerly with the center of Carter Road to Avenel Avenue; thence, easterly with the center of Avenel Avenue to Grandin Road, the place of beginning. Sec. 47. Voting place in Raleigh Court Precinct No. 4. The voting place in Raleigh Court Precinct No. 4 shall be, and the same is, established at Raleigh Court Elementary School. Sec. 48. Raleigh Court Precinct No. 5. Beginning at the intersection of Brandon Avenue and Brighton Road, S. W.; thence, westerly with the center of Brandon Avenue to Murray Run; thence, up Murray Run as it meanders to Brambleton Avenue; thence, westerly with the center of Brambleton Avenue to the southwesterly property line of Shenan- doah Life Insurance Company; thence, northwesterly with said southwesterly property line of Shenandoah Life Insurance Company and Shrine Hill Park to Blenheim Road extended; thence, northerly with the center of Blenheim Road to Brandon Avenue; thence, westerly with the center of Brandon Avenue to Greenwood Road; thence, northerly with the center of Greenwood Road to Windsor Avenue; thence, easterly with the center of Windsor Avenue to Winborne Street; thence, north with the center of Winborne Street to the north line of Evergreen Cemetery; thence, easterly with the north line of Evergreen Cemetery to the east line of Evergreen Cemetery; thence, southerly with said east line of Evergreen Cemetery to Brighton Road; thence, south with the center of Brighton Road to Brandon Avenue, the place of beginning. Sec. 49. Voting place in Raleigh Court Precinct No. 5. The voting place in Raleigh Court Precinct No. 5 shall be, and the same is, established at Wasena School. Sec. 50. Wasena Precinct. Beginning at the intersection of Brandon Avenue and Brighton Road, S. W.; thence, with the center of Brighton Road in a northerly direction to the southeast corner of the Evergreen Cemetery property; thence, with the east line of said cemetery property and the east line of Roanoke Apartments property, extended, to Roanoke River; thence, down Roanoke River, as it meanders to the mouth of Murray Run; thence, up Murray Run to Brandon Avenue, Si W.; thence, west with the center of Brandon Avenue, S. W., to Brighton Road, S. W., the place of beginning. Sec. 51. Voting place in Wasena Precinct. The voting place in Wasena Precinct shall be, and the same is, established at the Entrance Building of the Transportation Museum located on the south side of Wiley Drive, in the east end of Wasena Park, east of the Wasena Bridge and north of Winchester Avenue, S. W., the main approach to said voting place being by way of Winona Avenue, S. W., east off of Main Street, S. W. Sec. 52. Fishburn Park Precinct. Beginning at the intersection of the Norfolk and Western RailwaY, Winston-Salem Division, right-of-way an~ Roanoke River, thence, up Roanoke River as it meanders to the mouth of Murray Run; thence, up Murray Run to Brandon Avenue, S. W.; thence, west with the center of Brandon Avenue, S. W., to a point of intersection with Murray Run east of Mount Vernon Road, S. W.; thence, south with Murray Run as it meanders to the north line of Bent Mountain Road; thence, with the north line of the Bent Mountain Road in a southwesterly direction to a point where the west line of Jefferson Hills Golf Course meets the Bent Mountain Road; thence, in a southwesterly direction with the west line of such golf course, being a portion of the corporate limits of the city, to the west line of Ogden Road; thence, continuing along the corporate limits, in a southerly and south- easterly direction to the point where the corporate limits intersect with the right-of-way of the Norfolk and Western Railway Company, Winston-Salem Division; thence, along such right-of-way in a northeasterly direction to the place of beginning. Sec. 53. Voting place in Fishburn Park Precinct. The voting place in Fishburn Park Precinct shall be, and the same is established at the James Madison Junior High School located on the south side of Overland Road, S. W., between Colonial Avenue and Brambleton Avenue, S. W. Sec. 54. Grandin Court Precinct. Beginning at the intersection of Brambleton Avenue, S. W., and U. S. Route ~221 and Murray Run; thence, southwest with the center of Brambleton Avenue, S. W., to Montgomery Avenue, S. W.; thence northwest along the boundary of the Shenandoah Life Insurance Company property and the Shrine Hill property to Montvale Road, S. W.; thence, in a southwesterly direction with the center of Montvale Road, S. W., to the corporate line; thence, with the corporate line 340 to a point where the Bent Mountain Road is inter- sected by the west line of Jefferson Hills Golf Course; thence, leaving the corporate line, in a northerly direction along the Bent Mountain Road to a point where Murray Run crosses Bent Mountain Road; thence, down Murray Run as it meanders to U. S. Route #221 at the intersection of Brambleton Avenue, S. W., and Murray Run, the place of beginning. Sec. 55. voting place in Grandin Court Precinct. The voting place in Grandin Court Precinct shall be, and the same is, established at the Grandin Court School. Sec. 56. South Roanoke Precinct No. 1. Beginning at the intersection of South Jefferson Street and Roanoke River; thence, south with the center of South Jefferson Street to a point; thence, east with the line of the former incline Railway up Mill Mountain, extended, to the Old East Corporate lines; thence, with the Old East Corporate line to a point on the north line of the Blue Ridge Parkway Land; thence, west with the same line 210 feet to a point; thence, southeasterly with a line to the intersection of Yellow Mountain Road and Route 672; thence, with the center of Route 672 to the present corporation line, said corporation line being 200 feet parallel to Yellow Mountain Road; thence, north with the corporate line as it meanders to Fern Park; thence, still with the corporate line west to a point at the end of Roy Drive; thence, leaving said corporate line in a northwesterly direction and 250 feet west and parallel to Peakwood Drive, S. W.; thence, with said 250-foot parallel line west of Peakwood Drive, S. W., as Peakwood Drive, S. W., intersects with Somerset Avenue, S. W.; thence, with the center of Somerset Avenue, S. W., in a northerly direction to its end; thence, with a line'in a northerly direction with the lines of Prospect Hills subdivision to Cassell Lane, S. W.; thence, with the center of Cassell Lane, S. W., easterly to Rosalind Avenue, S. W.; thence, north with the center of Rosalind Avenue, S. W., to the Norfolk and Western Railway, Winston- Salem Division right-of-way; thence, with the same to Roanoke River and thence with Roanoke River to the intersection with South Jefferson Street, the place of beginning. Sec. 57. Voting place in South Roanoke Precinct No. 1. The voting place in South Roanoke Precinct No. 1 shall be, and the same is, established at Fire Station No. 8. Sec. 58. South Roanoke Precinct No. 2. Beginning at the intersection of Rosalind Avenue, S. W., and Twenty-fifth Street, S. W.; thence, with the center of Twenty-fifth Street, S. W., to the intersection of Stephenson Avenue, S. W.; thence with the center of Stephenson Avenue, S. W., to the intersection of Broadway, S. W.; thence, with Broadway, S. W., westerly as it crosses Franklin Road to the Norfolk and Western Railway Company's Winston-Salem Division right-of-way; thence, southwesterly with the Norfolk and Western Railway Company Winston- Salem Division right-of-way to the south corporate limit line; thence, with the corporate line southeast crossing Ore Branch to U. S. Highway Route #220 (Franklin Road, S. W.) at its intersection with Avenham Avenue, S. W.; thence, with the east side of U. S. Highway Route ~220 (Franklin Road, S. W.) to the south boundary lines of Section No. 2 and Section No. 3 of the Edgehill Estates Subdivision; then in an easterly direction with said line, also being the south corporate line, to a point on the corporate line at the end of Roy Drive; thence, leaving said corporate line in a northwesterly direction and 250 feet west and parallel to Peakwood Drive, S. W.; thence, with said 250-foot parallel line west of Peakwood Drive, S. W., as Peakwood Drive, S. W., intersects with Somerset Avenue, S. W.; thence, with the center of Somerset Avenue, S. W., in a northerly direction to its end; thence, with a line in a northerly direction with the lines of Prospect Hills subdivision to Cassell Lane, S. W.; thence, with the center of Cassell Lane, S. W., easterly to Rosalind Avenue, S. W., thence, north with the center of Rosalind Avenue, S. W., to the place of beginning. Sec. 59. Voting place in South Roanoke Precinct No. 2. TSe voting place in South Roanoke Precinct No. 2 shall be, and the same is, established at the Crystal Spring School, located on the east side of Carolina Avenue between 26th and 27th Streets, S. W. Sec. 60. Riverdale Precinct. Beginning at a point on Roanoke River near the Roanoke Industrial Center where the old city line crosses said river; thence, with the old city line in a southerly direction over Mill Mountain to a point on the north line of the Blue Ridge Parkway Land; thence, west with same line 210 feet to a point; thence, southeasterlY with a line to the intersection of Yellow Mountain Road and Route 672; thence, with the center of Route 672 to the pre- sent corporation line, said corporation line being 200 feet parallel to Yellow Mountain Road; thence, in an easterly direction with the present city line to a point on Roanoke River near the mouth of Tinker Creek; thence, up Roanoke River to the place of beginning. Sec. 61. Voting place in Riverdale Precinct. The voting place in Riverdale Precinct shall be, and the same is, established at Fire Station No. 11, at the corner of Benni~gton Street, S. E., and Mount Pleasant Boulevard, S. E. Sec. 62. Substitute Voting Places. Should the voting place established by any pre- ceding section of this chapter be not available for any election, it shall be the duty of the electoral board to establish in the election district so affected a substitute voting place, as near to the one replaced as may be practical, such substitute voting place to be discontinued as such whenever the original voting place may be again available for elections. Sec. 63. Effective Date. The provisions of this ordinance shall become effective on the first day of September, 1975, absent disapproval of the same by the Department of Justice of the United States within sixty (60) days after submission of this ordinance to said Department of Justice. BE IT FURTHER ORDAINED that the City Attorney be, and he is hereby, directed to forthwith transmit attested copies of this ordinance to the Department of Justice of the United States, Washington, D. C., by Certified mail with return receipt requested. A P P R OV E D ~ ATTEST: ~ Deputy City Clerk Mayor 342 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1974. No. 21559. A RESOLUTION providing for the appointment of five viewers, any three of whom may act, in connection with the application or petition of Lee A. Johnson and Helen W. Johnson to vacate, discontinue, and close the alleys in Block 4 of the Map of Weaver Heights Corporation, known as Grandin Court, between Lofton Road, Livingston Road, Guilford Avenue, and Barham Road, in the City of Roanoke, Virginia, as provided by Section 15.1-364 of the Code of Virginia (1950) as amended to date. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon said petition that said petitioners did duly and legally publish, as required by Section 15.1-364 of the Code of Virginia (1950) as amended, a notice of application to this Council to vacate said alley, the publication of which was had by duly posting copies of said notice in the manner provided by law, all of which is verified by an affidavit appended to the petition addressed to the Council of the City of Roanoke requesting that the same be vacated; and, WHEREAS, it further appearing to the Council that more than ten days have elapsed since the publication of the hereinabove described notice of application, and the Council having considered the petition of the applicants to vacate aforesaid alley as provided by Section 15.1-364 of the Code of Virginia (1950) as amended; and, WHEREAS, the petitioners have requested that not less than three, nor more than five qualified persons, be appointed to view the above described portion of alleys sought to be vacated, discontinued and closed, and report, in writing, as required by Section 15.1-364 of the Code of Virginia (1950) as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. George W. Overby, Edward H. Brewer, Jr., James L. Trinkle, Harold W. Harris, Jr., and Lester K. Stover, Jr., any three of whom may act, be, and they are hereby appointed as viewers to view the above described alley in Block 4 of the Map of Weaver Heights Corporation, known as Grandin Court, sought to be vacated and to report, in writing, as required by Section 15.1- 364 of the Code of Virginia (1950) as amended, whether or not, in their opinion, any, and, if any, what inconvenience would result from vacating, discontinuing and closing said alley lying between Lofton Road, Livingston Road, Guilford Avenue, and Barham Road. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1974. No. 21560. 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 Shenandoah Valley Avenue, N. E.; and providing for an emergency. WHEREAS, in order to provide proper storm water drainage from Shenandoah Valley Avenue, N. 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-7-VA/1, dated February 27, 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. ATTEST: APPROVED Deputy City Clerk Mayor 344 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1974. No. 21561. AN ORDINANCE providing for the purchase and delivery of certain storage tanks for use at the Public Works Service Center by accepting the proposal of Roanoke Belting and Rubber Company, Inc., upon certain terms and conditions; and providing for an emergencY. WHEREAS, on May 15, 1974, after due and proper advertisement had been made therefor, six (6) bids for the supply of the storage tanks hereinafter authorized to be purchased were opened and read in the office of the City Purchasing Agent before the committee appointed by Council for the purpose of receiving and opening such bids; and WHEREAS, said committee has reported in writing to the Council under date of May 28, 1974, that the bid hereinafter accepted is the lowest and best bid made to the City as the result of such advertisement, and should be accepted; and WHEREAS, funds sufficient for the payment of the purchase price of the storage tanks authorized to be purchased have been appropriated for the purpose and it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Roanoke Belting and Rubber Company, Inc., to furnish, sell and deliver to the City three (3) 2,000-gallon storage tanks and five (5) 20,000-gallon storage tanks, in full compliance with the City's specifications made therefor, for use at the Public Works Service Center for the sum of $24,895.00, cash, be and said proposal is hereby ACCEPTED; and the City's Purchasing Agent is hereby authorized and directed to issue to the successful bidder the City's purchase order for the aforesaid storage tanks, incorporating into said purchase order the City's aforesaid specifications, said bidder's proposal and any guarantees and warranties, and the provisions of this ordinance; and upon delivery to the City and the City's acceptance of said storage tanks, the proper City officials shall be and are hereby authorized and directed to make requisite payment to said successful bidder for the aforesaid purchase price, not to exceed the sum hereinabove set out. 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 3rd day of June, 1974. No. 21562. AN ORDINANCE to amend and reordain Section #4, "City Attorney," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #4, "City Attorney," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY ATTORNEY 94 Personal Services (1) .................... $85,470.00 Printing and Office Supplies (2) ............................ 1,900.00 (1) Net decrease --- $500.00 (2) Net increase --- 500.00 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 3rd day of June, 1974. No. 21563. A RESOLUTION authorizing that application be made for a grant of Federal funds under Title 4-A of the 1967 Amendments to the Social Security Act for the purpose of providing Planned Parenthood information to recipients of public assistance; upon award of said grant, to execute acceptance thereof on behalf of the City and, upon receipt of certain matching funds, to enter into a certain purchase of services agreement. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized and directed to make application and all assurances and certifications necessary and appropriate for a grant of Federal Funds in the amount of $18,000.00, under Title 4-A of the 1967 Amendments to the Social Security Act to provide Planned Parenthood information to all applicants and recipients of aid to dependent children, said services to be provided under a purchase of services agreement proposed to be entered into between the City and the Roanoke Valley League of Planned Parenthood, the Roanoke Valley Council of Community Services, Inc., to provide $2,000.00 in local matching funds for the aforesaid program. BE IT FURTHER RESOLVED that, upon grant to the City of the aforesaid Federal funds, for the purpose aforesaid, the City Manager be and he is hereby authorized to execute an acceptance of the same upon form approved by the City Attorney and, thereafter, upon the City's receipt from Roanoke Valley Council of Community Services, Inc., of $2,000.00 in matching funds, to enter into a written purchase of services agreement with Roanoke Valley League of Planned Parenthood to provide the services set out in that certain written proposal heretofore made by said League to the City. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1974. No. 21564. 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 $166,200.00 in Federal · If,.f.~' l funds to provide for said program and, in so applying, to extend certain'assurances on behalf of the City; and, upon grant of such funds, to execute a requisite agreement accepting said funds on behalf of the City. WHEREAS, the City Manager has advised the Council that the City may be eligible for allocation of $166,200.00 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 Department of Labor, it being anticipated that said program will 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 participateI in a Summer Program for Economically Disadvantaged Youth and to file a preapplicatic~ 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 $166,200.00 to defray the costs of providing said Summer Program, the same to commence 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. APPROVED ATTEST Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1974. No. 21565. A RESOLUTION concurring in the City Manager's recommendation that the City continue or expand activities in the Neighborhood Development Program with additional Title I Urban Renewal Funds to be made available during Fiscal Year 1974. WHEREAS, the City Manager having advised the Council of announcement by Federal officials that additional funds will be made available during Fiscal Year 1974 for Neighborhood Development Programs and other Title I Urban Renewal needs; and having further advised the Council of the necessity that the Department of Housing and Urban Development be immediately advised in writing of the desire of the individual localities to participate in the distribution of said funds in order to continue or to expand the aforesaid activities, and of his intention so to advise said Department. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body, considering the aforesaid, concurs in the recommendation that the City express its desire to the Department of Housing and Urban Development to continue or to expand activities in the Neighborhood Development Program and other Title I Urban Renewal needs provided that additional Federal funds be made available during Fiscal Year 1974 for the aforesaid programs. BE IT FURTHER RESOLVED that the City Manager be and he is hereby authoriz, to transmit to the aforesaid Department attested copies of this resolution. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1974. No. 21566. A RESOLUTION authorizing the City Manager to cause a Project Application to be prepared for ADAP Project 8-51-0045-03-74 and, thereafter, execute and submit the same to the Federal Aviation Administration for approval, consisting of Contract I, Divisions I and II and Contract II, Division I for work and/or equipment for use at Roanoke Municipal Airport, (Woodrum Airport), and expressing this Council's willingness to provide funds to pay a certain portion of the cost of such purchases during the current fiscal year. WHEREAS, report has been made and concurred in by the City Manager, recommending that certain Airport boundary and security fencing and additional ramp lighting be installed at Roanoke Municipal Airport and advising that 75% reimbursement from the Federal Aviation Administration may be available to defray the cost of such fencing and lighting and that a crash-rescue vehicle be purchased for use at Roanoke Municipal Airport and advising that 82% reimbursemel from the Federal Aviation Administration may be available to defray the cost of said vehicle and it is now desired that formal application be made to the Federal Aviation Administration for the initiation of an Airport Project as hereinafter described. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: d t (1) That the City Manager be, and he is hereby authorized and directed to cause a Project Application to be prepared and, thereafter, to execute and submit the same to the Federal Aviation Administration for approval, embodying the purchase of and installation of certain airport boundary security fencing and additional ramp lighting at the Roanoke Municipal Airport costing approximately $59,398.00, and the purchase of a crash-rescue vehicle, Ansul 480 Magnum, with radio accessories, costing approximately $50,000.00, for use at the Roanoke Municipal Airport. 2. That this Council doth hereby signify the City's willingness to provide funds, during the current fiscal year, in the amount of approximately $34,000.00 with which to pay the City's share of the estimated costs of the above project, provided the Project Application herein authorized to be made be first approved by the aforesaid Federal Aviation Administration. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1974. No. 21567. AN ORDINANCE to amend and reordain Section #2000, "Schools - Instruction of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #2000, "Schools - Instruction," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - INSTRUCTION #2000 In-Service Training for Teachers (1) ..................... $11,748.25 (1) Net increase --- $11,748.25 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor 350 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1974. No. 21568. AN ORDINANCE to amend and reordain Section #13000, "Schools - Unclassifi. of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #13000, "Schools - Unclassified," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - UNCLASSIFIED #13000 Visual Literacy Grant (1) ............ $6,000.00 (1) Net increase --- $6,000.00 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 10th day of June, 1974. No. 21569. AN ORDINANCE to amend and reordain Section #13000, "Schools - Unclassifi, of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #13000, "Schools - Unclassified," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - UNCLASSIFIED #13000 Poet-in-the-Schools Grant (1) ........... $1,000.00 (1) Net increase --- $1,000.00 df [! 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 10th day of June, 1974. No. 21570. AN ORDINANCE to amend and reordain Section %22000, "Schools - P. L. 89-10, Title I," and Section %28000, "Schools - Title I, Summer Program," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section %22000, "Schools - P. L. 89-10, Title I," and Section %28000, "Schools - Title I, Summer Program," of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - P. L. 89-10, TITLE 1%22000 P. L. 89-10, Title I (1) .......... $171,306.22 SCHOOLS - TITLE I, SUMMER PROGRAM %28000 Title I, Summer Program (2) ....... 171,306.22 (1) Net decrease --- $171,306.22 (2) Net increase 171,306.22 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 352 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1974. No. 21571. AN ORDINANCE to amend and reordain Section #28000, "Schools - Summer Program, 1974," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 928000, "Schools - Summer Program, 1974," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - SUMMER PROGRAM, 1974 928000 Summer Program, 1974 (1) ............ $7,097.78 (1) Net increase --- $7,097.78 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 10th day of June, 1974. No. 21572. AN ORDINANCE to amend and reordain Section 989, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 989, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND #89 CIP-67 Hurt Park Addition (1) ............ $50,000.00 CIP-74-112 Patrick Henry Addition (2) ............................ 12,000.00 CIP-68 Fishburn Park Addition (3) ............................ 15,367.00 (1) Net increase --- $50,000.00 (2) Net increase --- 12,000.00 (3) Net increase --- 15,367.00 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 10th day of June, 1974. No. 21573. AN ORDINANCE to amend and reordain Section #37, "Public Assistance," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #37, "Public Assistance," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ATTEST: PUBLIC ASSISTANCE #37 Aid to Dependent Children (1) ......... $3,986,510.00 Aid to Dependent Children - Foster Care (2) ...................... 220,705.00 (1) Net decrease $7,600.00 (2) Net increase --- 7,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Deputy City Clerk Mayor 354 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1974. No. 21574. AN ORDINANCE to amend and reordain Section #29, "Commonwealth's Attorney Investigator," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #29, "Commonwealth's Attorney Investigator," of the 1973-74 Appropriat: Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY INVESTIGATOR #29 Fees for Professional and Special Services (1) ................... $14,875.00 (1) Net increase --- $14,875.00 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 10th day of June, 1974. No. 21575. 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 employment of an investigator on the staff of the Commonwealth's Attorney of the City. WHEREAS, pursuant to prior authority of this Council, there have been filed on behalf of the City with the Division of Justice and Crime Prevention several applications for action grant awards of Federal funds pursuant to the Law Enforcement Assistance Act; and WHEREAS, the Division of Justice and Crime Prevention has awarded funds to the City pursuant to Grant No. 73-A2211 to continue employment of an investigator on the staff of the Commonwealth's Attorney of the City, subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and on WHEREAS, the City Manager recommends to the Council that Grant No. 73-A2211 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- A2211 for Federal funds in the amount of $13,115.00 through said Division, to be used, along with certain other local funds, to continue employment of an investigator on the staff of the Commonwealth's Attorney of the City, estimated to cost approximately $14,875.00; 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: Deputy City clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1974. No. 21576. AN ORDINANCE to amend and reordain Section #440, "Civic Center Fund - Administrative Expenses," of the 1973-74 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 1973- 74 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 9440 Personal Services (1) .................... $275,212.50 Maintenance of Machinery and Equipment (2) ........................... 26,300.00 (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: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1974. No. 21577. AN ORDINANCE to amend and reordain certain sections of the 1973- 74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CONTINGENCIES #98 Contingency Reserve (1) ................... $ 9,189.86 TRAFFIC ENGINEERING AND COMMUNICATIONS 957 Personal Services (2) * .................... 372,529.50 STREET CONSTRUCTION AND REPAIR 958 Personal Services (3)* .................... 528,315.50 MAINTENANCE OF CITY PROPERTY 964 Personal Services (4)* .................... 314,977.00 GARAGE 971 Personal Services (5)* .................... Utilities (6) ...... 350,454.50 10,500.00 10,200.00 (1) Net decrease (2) Net increase *Overtime (3) Net increase *Overtime (4) Net increase *Overtime (5) Net increase *Overtime (6) Net increase (7) Net increase $17,000.00 3,200.00 8,000.00 5,500.00 $19,400.00 7,000.00 1,700.00 3,000.00 1,500.00 3,500.00 2,700.00 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 10th day of June, 1974. No. 21578. AN ORDINANCE to amend and reordain Section #19, "Juvenile and Domestic Relations District Court," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #19, "Juvenile and Domestic Relations District Court," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT 919 Fees for Professional and Special Services (1) ................... $24,228.00 (1) Net increase $5,628.00 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 10th day of June, 1974. No. 21579. 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 delinquency prevention 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. 72-A1502, as amended May 10, 1974, for continuation of a juvenile delinquency prevention program subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and 358 WHEREAS, the City Manager recommends to the Council that Grant No. 72-A1502, as amended May 10, 1974, 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. 72- A1502, as amended May 10, 1974, for Federal funds in the amount of $47,656.00, through said Division, to be used, along with certain other State funds, to aid in continuation of a juvenile delinquency prevention program in the City, estimated to cost approximately $82,226.00; 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 10th day of June, 1974. No. 21580. AN ORDINANCE authorizing the City Manager, on behalf of the City of Roanoke, to enter into a joint agreement with the Junior League of Roanoke Valley and the Roanoke Valley Tennis Association to employ a supervisor for a summer tennis program in the City upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager has reported to Council that the Junior League of Roanoke Valley and the Roanoke Valley Tennis Association in conjunc- tion with the City Directorate of Civic Enrichment have proposed that an adult summer tennis program be conducted in the City and in order to properly super- vise said program, it is necessary to employ a qualified supervisor at a total sum of $3,000.00, of which sum the City will pay $900.00 in three equal monthly installments of $300.00 each, on the first day of the months of July, August and September, in which proposal the City Manager concurs; and WHEREAS, funds sufficient to pay the City's portion of the costs of employment of the said supervisor have heretofore 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 City Manager be, and he hereby is authorized to enter into a joint written agreement between the City of Roanoke, the Junior League of Roanoke Valley, the Roanoke Valley Tennis Association and Mr. Robert Maggard, upon form approved by the City Attorney, whereby the City of Roanoke, the Junior League of Roanoke Valley and the Roanoke Valley Tennis Association would temporarily employ the said Robert Maggard as supervisor of an adult summer tennis program in the City of Roanoke's Recreation Department upon the terms and conditions to be more fully set out in said agreement. Upon execution of said agreement between the aforesaid parties and upon the proper performance of the duties undertaken to be performed by the said Robert Maggard, the Director of Finance is hereby authorized and directed to issue the City's draft in payment of the City's portion of the amount agreed upon to be paid for the services of the said Robert Maggard in the premises in three equal monthly installments of $300.00 each, on the first day of the months of July, August and September, respectively. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect from its passage. APPROVED ATTE S T: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1974. No. 21581. AN ORDINANCE amending and reordaining subsection (b) of Section 5, Chapter 13, Title II, of the Code of the City of Roanoke, 1956, as amended, relating to the responsibilities and duties of the Personnel Board; providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council that, pursuant to State law, provision for increased appellate review responsibilities by the Personnel Board of the City of Roanoke would make for more orderly and efficient administration of the several departments comprising the city government, in which recommendation the Council concurs; and 360 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 (b) of Section 5, Chapter 13, Title II, of the Code of the City of Roanoke, 1956, as amended, be and said subsection is hereby amended and reordained to read and provide as follows: (b) To hear and render final decisions on appeals from any action pertaining to classifi- cation, reclassification and allocation of posi- tions and from any disciplinary action suspending for more than thirty days, reducing in rank or pay or removing any officer or employee in the classified service, as hereinafter provided, and to hear appeals from any action pertaining to the dismissal or removal of any officer or employee in the classified service, and to report its findings thereon only to the City Manager for final disposition. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect from and after July 1, 1974. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1974. No. 21582. A RESOLUTION concurring in a Grievance Procedure promulgated by the City's Personnel Board. WHEREAS, the City Manager has advised the Council that certain amendments to the 1950 Code of Virginia have necessitated modifications to the City's Grievance Procedure, which amendments have been studied and incorporated by the City's Personnel Board into a new Grievance Procedure, a copy of which is on file in the office of the City Clerk and which was transmitted to the Council by memorandum of the City Manager dated June 10, 1974, in which recommendat~ the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth concur generally in the amended Grievance Procedure heretofore promulgated by the City's Personnel Board and intended to comply with recent amendments to the 1950 Code of Virginia, such Grievance Procedure having been recommended by the City Manager and transmitted to the Council by memorandum under date of June 10, 1974. ATTEST: APPROVED Deputy City Clerk Mayor .on IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1974. No. 21583. AN ORDINANCE relating to the sale at public auction of certain surplus tangible personal property owned by the City but not needed for any public purpose or use; authorizing the employment of the services of an auctioneer for the aforesaid purpose; directing that such sales made at auction be absolute and not subject to confirmation of price by later action of the Council; and providing for an emergency. WHEREAS, a committee composed of Messrs. Bueford B. Thompson, Richard B. Turpin and K. B. Kiser, in report made to the Council dated June 10, 1974, has recommended that the City engage the services of the auctioneer hereinafter named to promote and conduct the sale at public auction of the certain surplus tangible personal property of the City, more particularly set out and described in said report, which report has been recommended in writing by the City Manager under the same date, and in all of which recommendations the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows, viz: 1. That the City Manager be and he is hereby authorized and empowered to engage the services of Hylton Howell Real Estate & Auction Company to promote and conduct the auction sale of certain surplus tangible personal property of the City, consisting of certain automobiles, trucks, tractors, construction equipment, office furniture and equipment such as desks, typewriters, adding machines and other surplus items; said auctioneer to be compensated by the City in a sum equal to six per cent (6%) of the gross cash amount received by the City at said auction sale for said properties, such employment to be, generally, upon the terms and provisions outlined in the written proposal of said auctioneer made to the aforesaid committee; and 2. That the aforesaid committee be authorized and empowered to fix the date and place of the aforesaid auction sale and to make such other arrangements and provisions as are incidental thereto and deemed by the committee to be necessary; 3. That all sales made at the aforesaid auction shall be final, and not subject to confirmation of price by the City Council; and 362 4. That, upon effecting sale of the surplus items herein authorized to be sold, or any of them, and upon certification in writing of such facts to the Director of Finance and payment to the City of the high bids made at said auction sale, the City Purchasing Agent shall be, and he is hereby expressly authorized and empowered to sign, seal and attest, respectively, such bills of sale, certificates of title or other documentary transfers of title to the successful bidders at said auction sale as are necessary or requisite and approved as to form by the City Attorney. BE IT FURTHER ORDAINED that an emergency exists, and that this ordinance shall be in effect upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1974. No. 21584. A RESOLUTION agreeing to certain amendments to an agreement entered into between the City of Roanoke and other governmental subdivisions of the Fifth Planning District, in Virginia, relating to Planning and Operation of Manpower Services under the Comprehensive Training and Employment Act of 1973. WHEREAS, it has been recommended to the Council by the City Manager in report made at the meeting held June 3, 1974, that certain changes be made in the contract drawn to be entered into between the City of Roanoke the cities of Salem, Clifton Forge and Covington and the counties of Alleghany, Botetourt, Craig and Roanoke, entitled "Agreement for Planning and Operation of Manpower Services under the Comprehensive Employment and Training Act of 1973", which said agreement was heretofore, by Ordinance No. 21423, authorized to be executed on behalf of the City of Roanoke, and by the terms of which agreement the City of Roanoke was therein designated as the "Prime Sponsor" to plan, administer and contract for the accomplishment of the programs and projects to be performed and carried out as a result of said agreement; the changes now recommended consisting of the deletions, additions and substitutions of certain provisions of said agreement as are hereinafter expressly set out or referred to; and WHEREAS, the Council, considering the matter, concurs in the recommendati¢ made by the City Manager. ~ns THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Body hereby agrees that the written agreement drawn to be entered into between the City of Roanoke and the cities of Salem, Clifton Forge and Covington and the counties of Alleghany, Botetourt, Craig and Roanoke, under date of July 1, 1974, entitled "Agreement for Planning and Operation of Manpower Services under the Comprehensive Employment and Training Act of 1973", be changed in the following respects, and no other, viz: (1) That paragraph (b) of section I of said agreement be amended and revised so as to read and provide as follows: "(b) That there is hereby established a Policy Board, which shall be the Prime Sponsor under this agreement, and that the Prime Sponsor created hereby shall have the power, in the planning, administration and accomplishment of such programs and projects, on behalf of each and all of the parties hereto:" (2) That paragraph (xiii) and paragraph (xiv) under paragraph (b) of section I of said agreement be deleted; and (3) That there be added to section I of said agreement, under paragraph (b) thereof, the following new provision: "(xiii) The public agencies signatory to this contract to the extent consistent with state or local law, do certify, hereby, acceptance of the responsibility for the operation of the program (i.e., each member of the consortium, rather than any administrative arm, has ultimate responsibility for the program's operation and success);" BE IT FURTHER RESOLVED that the City Manager do cause attested copies of this resolution to be appropriately transmitted to the governing body of each of the other parties signatory to the aforesaid Agreement. ATTEST: /~ APPROVED Deputy City Clerk Mayor 36_4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1974. No. 21585. A RESOLUTION concurring in certain recommendations of the City's Airport Advisory Commission relative to the need for a Fixed Base Operator at the Roanoke Municipal (Woodrum) Airport; and directing the City Manager to advertise for bids for same. WHEREAS, the City's Airport Advisory Commission has advised the Council that a critical need exists for a Fixed Base Operator at the Roanoke Municipal (Woodrum) Airport which would make the facility more adaptable to its intended use and would increase utilization thereof, and has recommended that the matter be advertised for bids, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth concur in the conclusion of the Airport Advisory Commission that provision need be made for a Fixed Base Operator at the Roanoke Municipal (Woodrum) Airport, as set out in detail in written report of the said Commission dated June 3, 1974, and is immediately necessary for the full utilization of said facility. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to forthwith advertise for bids for the said Fixed Base Operator as set forth in said report to the Council made under date of June 3, 1974. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1974. No. 21586. A RESOLUTION approving certain emergency action of the City Manager, taken to provide space and facilities for implementation of the Food Stamp Program on July 1, 1974. WHEREAS, the City Manager has reported in writing to the Council on May 28, 1974, pursuant to the provisions of Sec. 41 of 'the Roanoke Charter, the immediate necessity to provide adequate and secure quarters and space in order that the City be able to implement the Food Stamp Program commencing on July 1, 1974, and, in so doing, to have available adequate and secure quarters and space with which to distribute and sell food stamps, and that there being 3 5 no such quarters owned by the City immediately available and said emergency requiring immediate action, he has taken certain actions and entered into certain agreements hereinafter mentioned providing for the employment of the necessary labor and purchase of the necessary materials and supplies to modify and repair certain spaces in the Courthouse Building so as to make them available for such use, without previously advertising or receiving bids therefor; and WHEREAS, the Council has this day appropriated funds sufficient to pay for the estimated cost of the improvements so ordered or contracted for by the City Manager in order to modify and repair the aforesaid space, to-wit, the sum of $31,248.00. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby approve, ratify and confirm the steps taken by the City Manager in the emergency requiring immediate action in order to provide space and facilities for implementation of the Food Stamp Program on July 1, 1974, as set out and contained in the report and estimate of costs made by the City Manager to the Council May 28, 1974; and said Council doth hereby expressly approve the execution by the City Manager on behalf of the City of a contract with Hodges Lumber Corporation, contractor, providing for said contractor's furnishing all of the necessary work, labor, equipment and machinery and materials to immediately make necessary modifications and repairs to certain groundfloor and other spaces in the City's Courthouse Building, said contractor to be compensated therefor by the City on the basis of actual cost to the contractor for labor, materials, supplies and equipment plus percent, (10%), for overhead and ten percent (10%) of the sum thereof for profit, as set out in the estimate submitted to the Council, the aggregate sum of all of such compensation, however, not to exceed $31,248.00 without prior approval of the Council. BE IT FURTHER RESOLVED that, as provided by Charter, separate accounts be kept of all such foregoing work and expenditures, and that later report be made back to the Council. ATTEST: APPROVED Deputy City Clerk Mayor 366 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1974. No. 21587. AN ORDINANCE to amend and reordain Section #3000, "Schools - Attendance ill Services," and Section #7000, "Schools - Maintenance of Plant and Equipment," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 93000, "Schools - Attendance Services," and Section #7000, "Schools - Maintenance of Plant and Equipment," of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - ATTENDANCE SERVICES #3000 Attendance Services (1) ................. $15,000.00 SCHOOLS - MAINTENANCE OF PLANT AND EQUIPMENT 97000 Maintenance of Plant and Equipment (2) ........................... 15,000.00 (1) Net decrease --- $15,000.00 (2) Net increase --- 15,000.00 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 10th day of June, 1974. No. 21588. AN ORDINANCE to amend and reordain Section #8000, "Schools - Fixed Charges," and Section #11000, "Schools - Special Instruction," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 98000, "Schools - Fixed Charges," and Section #11000, "Schools - Special Instruction," of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - FIXED CHARGES #8000 Fixed Charges (1) ..................... $20,000.00 SCHOOLS - SPECIAL INSTRUCTION #11000 Special Instruction (2) ............... 20,000.00 (1) Net decrease --- $20,000.00 (2) Net increase --- 20,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1974. No. 21589. A RESOLUTION relating to a Metropolitan/Regional Water Quality Management Plan developed by the Fifth Planning District Commission for the Roanoke Valley and other hydrological planning units of said Planning District, and approving, generally, the concept of sai~ plan. WHEREAS, acting under provisions of the Virginia Area Development Act of 1968 and designations made by the Governor of Virginia, the Department of Housing and Urban Development, the Appalachian Regional Commission and by the State Water Control Board, the Fifth Planning District Commission by joint effort of local input has developed, prepared and transmitted to the governing bodies of the governmental subdivisions represented on said Commission a Metropolitan/ Regional Water Quality Management Plan, intended as a coordinated plan and program to assure the minimum pollution of air, water and lands within said Planning District; and WHEREAS, said plan, having been considered by the Council's Water Resources Committee, was set for public hearing before the Council at its meeting held on May 28, 1974, after due and proper notice of said hearing, published in a local newspaper of general circulation in the City, at which hearing all citizens and persons appearing were afforded opportunity to be heard and at which hearing representatives of the Fifth Planning District Commission were present and discussed and explained said plan; and WHEREAS, of the various institutional arrangements suggested for implementation of water quality management in the Roanoke Valley area, this Council favors most that of multi-jurisdictional service contracts, such as 368 now in effect in the Roanoke Valley area, the City of Roanoke owning and operating as a regional facility the major waste treatment plant in said area under long-term contracts with the City of Salem, the Town of Vinton and the Counties of Roanoke and Botetourt, to receive and treat wastewater from those areas. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth approve, in general, the concept of that certain plan entitled "Metropolitan/Regional Water Quality Management Plan" dated December 1973, developed and prepared by the Fifth Planning District Commission, made to attain at maximum cost effectiveness certain immediate and long-range objectives towards improving and maintaining established water quality standards in the Roanoke Valley and other hydrological planning units in the Fifth Planning District of Virginia, said plan to be subject to continuing review and modification; the City of Roanoke reaffirming its willingness and ability to continue to provide wastewater treatment services to those governmental subdivisions with whom it is now under contractual agreement. BE IT FURTHER RESOLVED that attested copies of this resolution be transmitted by the City Clerk to the Chairman of the Fifth Planning District Commission and to the governing body of each of the other governmental subdivisions represented on said Commission. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1974. No. 21590. AN ORDINANCE to amend and reordain Section 97442, "Schools - Maintenance of Plant and Equipment," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 97442, "Schools - Maintenance of Plant and Equipment," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - MAINTENANCE OF PLANT AND EQUIPMENT 97442 Maintenance of Plant and Equipment (1) ...................... $8,913.82 (1) Net increase --- $8,913.82 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 17th day of June, 1974. No. 21591. ATTEST: AN ORDINANCE to amend and reordain Section #12531/64, "Schools - Improvements and Betterments," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #12531/64, "Schools - Improvements and Betterments," of the 1973- 74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - IMPROVEMENTS AND BETTERMENTS #12531/64 Improvements and Betterments (1) ......... $38,894.48 (1) Net increase --- $38,894.48 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 17th day of June, 1974. No. 21592. AN ORDINANCE authorizing the proper City officials to execute a contract, on behalf of the City, between the City of Roanoke, the County of Roanoke, and/or the Roanoke County Public Service Authority, relating to a certain new sanitary sewer trunk relief line to serve properties of residents and commercial establishments within the Murray Run Watershed, within and without the corporate limits of the City, upon certain terms and conditions; and providing for an emergency. 37O WHEREAS, the City of Roanoke, the County of Roanoke and/or Roanoke County Public Service Authority have heretofore entered into a comprehensive agreement, dated March 17, 1972, which agreement encompasses, among other matters, the methods and means of transporting and treating wastes originated within defined areas of the County, the rates of payment therefor, and in Sec. VIII, for an equitable and functional basis of the construction and expansion of sewerage facilities made necessary by changing demographic patterns within the City and County; and WHEREAS, the City has in operation within its corporate limits a certain sanitary sewer trunk or collector line servicing, generally, properties located within the Murray Run Watershed in the City and extending, generally, from Ogden Road, running generally along Murray Run to a point northeast of Brandon Avenue, S. W., in the City, which is designed to be and is reasonably sufficient to serve the City's present needs, but not those of areas outside said City, and the County desires to cooperatively construct a parallel line to serve areas of the County which do not now have sanitary sewer; and WHEREAS, it is proposed, within the availability of local funds, and contingent upon the assurance of certain State and Federal grants-in-aid, to construct a certain new sanitary sewer trunk relief line from a point in the County on Murray Run, north of Overdale Road, south of Ogden Road, running generally along Murray Run, to a point northeast of Brandon Avenue, S. W., in the City, to connect to the City's existing 48-inch Roanoke River interceptor sewer line, to serve many of the residents and commercial establishments within the Murray Run Watershed, within and without the corporate limits of the City under the provisions contained in the Agreement heretofore entered into between the parties dated March 17, 1972, aforesaid, and upon the terms and conditions set forth in a certain form of contract on file in the office of the City Clerk of which was recommended to be entered into by the Council's Water Resources Committee and by the City Manager and in which recommendations the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and City Clerk be and are hereby authorized to execute, seal and attest, respectively, on behalf of the City that certain written contract relating to the construction of a new sanitary sewer trunk relief line in the Murray Run Watershed, copies of which proposed contract were transmitted to the Council by report of the City Manager dated June 17, 1974, on file in the Office of the City Clerk, such contract to be first approved as to form by the City Attorney. BE IT FURTHER ORDAINED that, following execution of said contract by all of the parties thereto, the City Manager is authorized to make application to the Virginia State Water Control Board and the Federal Water Pollution Control Administration for a grant to the City under the Federal Water Pollution Control Act for aid in the construction of said sewer trunk relief line, and in so doing, is authorized to execute the name of the City of Roanoke to requisite application forms and to make the assurances provided for therein. BE IT FINALLY 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 17th.~day of June, 1974. No. 21593. A RESOLUTION requesting the State Highway Commissioner to acquire the necessary rights-of-way for Project U000-128-105, RW-201, for 24th Street, from Shaffers Crossing to ~elrose Avenue; and for Project 0118-128-101, RW- 201, for the improvement of the intersection of Airport Road, Hershberger Road and Williamson Road, within the corporate limits of the City; and guaranteeing to reimburse the State Highway Department for fifteen per cent (15%) of all costs incurred in such acquisition. WHEREAS, Section 33.1-89 of the 1950 Code of Virginia, as amended, authorizes the State Highway Commissioner to acquire rights-of-way for the construction, alteration, maintenance and repair of public highways within municipalities on projects which are constructed with State or Federal participatior and WHEREAS, the aforesaid statute further provides that the State Highway Commissioner may exercise such authority only upon receipt of official request from the city or town involved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council hereby requests the State Highway Commissioner to acquire the necessary rights-of-way for Project U000-128-105, RW-201, for 24th Street, from Shaffers Crossing to Melrose Avenue; and for Project 0118-128-101, RW- 201, for the improvement of the intersection of Airport Road, Hershberger Road and Williamson Road, within the corporate limits of the City, and to convey the title to such rights-of-way to the City of Roanoke upon completion of the project; and said City guarantees to reimburse the State Highway Department 372 ATTEST: for fifteen per cent (15%) of all costs incurred in the acquisition of such rights-of-way, it being understood that such acquisitions will be handled by the Commissioner under established policies and procedures and his decision in all instances shall be final and that, upon completion of said project, the Commissioner will convey to the City the title to all such new highway rights,of-way acquired for said projects situate in the City of Roanoke. BE IT FURTHER RESOLVED that the City Manager be, and is hereby directed to transmit attested copies hereof to the State Highway Department through official channels of said Department. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1974. No. 21594. AN ORDINANCE to amend and reordain Section #37, "Public Assistance," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #37, "Public Assistance," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE #37 Aid to Dependent Children - Foster Care (1) ........................ $214,124.69 (1) Net increase $1,019.69 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance APPROVED ATTEST: Deputy City Clerk Mayor shall be in effect from its passage. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1974. No. 21595. AN ORDINANCE to amend and reordain Section #89, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 989, "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND 989 Court House Annex (1) ........................... $8,802.76 Loudon School Project (2) ....................... -0- Seeding Washington Park (3) (1) Net increase (2) Net increase (3) Net increase ...... $1,957.87 ..... $ 80.02 $ 100.30 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 17th day of June, 1974. No. 21596. AN ORDINANCE to amend and reordain Section 9340, "Municipal Airport Fund," of the 1973-74 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 9340, "Municipal Airport Fund," of the 1973-74 Municipal Airport Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL AIRPORT FUND 9340 Terminal Leave (1) ........................... $2,445.65 (1) Net increase $1,245.65 374 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: -J- .... Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1974. No. 21597. AN ORDINANCE to amend and reordain certain sections of the 1973- 74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CITY MANAGER #3 Communications (1) ........................ $ 2,200.00 (1) Net increase $ 300.00 COMMISSIONER OF REVENUE #6 Office Furniture & Equipment - Repl. (1) ..$ 1,150.31 (1) Net increase ..... $ .31 JUVENILR PROBATION HOUSE #15 Food, Medical & Housekeeping Supplies (1) .$ 7,930.00 Motor Fuel & Lubricants (2) ............... $ -0- (1) Net increase $ 780.00 (2) Net increase ................. $ 70.00 CIRCUIT COURT #16 Printing & Office Supplies (1) ............ $ 1,205.00 (1) Net increase .......... $ 230.00 JAIL #26 Food Supplies (1) ......................... $ 71,100.00 (1) Net increase $ 5,100.00 JUVENILE DETENTION HOME #27 Utilities (1) ............................. $ 4,025.00 Food, Medical & Housekeeping Supplies (2) .$ 22,700.00 (1) Net increase $ 625.00 (2) Net increase $ 1,700.00 DIRECTOR OF Communications (1) (1) Net increase POLICE DEPARTMENT #45 Fees for Professional SAFETY AND SECURITY #44 .e.eeeee.eeee.eeeeeee®e.$ $ 40.00 & Special Services (1) ............................. $ Motor Fuel & Lubricants (2) 195.00 13,000.00 ............... $ 33,800.00 (1) Net increase $ 1,000.00 (2) Net increase $ 8,600.00 PUBLIC WORKS #56 Communications (1) ........................ $ Maintenance of Machinery & Equipment (2) ..$ Motor Fuel & Lubricants (3) ............... $ (1) Net increase $ 2,750.00 (2) Net increase ................. $ 100.00 (3) Net increase ................. $ 140.00 TRAFFIC ENGINEERING & COMMUNICATIONS #57 Motor Fuel & Lubricants (1) ............... $ (1) Net increase ................. $ 275.00 STREET CONSTRUCTION & REPAIR #58 Utilities (1) ............................. $ Maintenance of Machinery & Equipment (2) ..$ (1) Net increase ................. $ (2) Net increase ........ $ MAINTENANCE OF CITY PROPERTY 964 650.00 15.00 Utilities (1) ............................. $ Printing & Office Supplies (2) ............ $ Food, Medical & Housekeeping Supplies (3) .$ Motor Fuel & Lubricants (4) ............... $ (1) Net increase ................. $ 320.00 (2) Net increase ................. $ 210.00 (3) Net increase ........ $ 50.00 (4) Net increase ................. $ 425.00 MARKET 966 Communications (1) ........................ $ Printing & Office Supplies (2) ............ $ (1) Net increase ................. $ (2) Net increase ............ $ GARAGE 971 125.00 50.00 Communications (1) ........................ $ (1) Net increase .-$ 275.00 PARKS AND RECREATION 975 Utilities (1) ............................. $ Communications (2) ........................ $ Advertising (3) ........................... $ Maintenance of Buildings & Property (4) ...$ Motor Fuel & Lubricants (5) ............... $ (1) Net increase (2) Net increase (3) Net increase (4) Net increase (5) Net increase --$ 3,850.00 $ 1,200.00 ......... $ 40.00 --$ 2,700.00 ...... $ 1,600.00 3,350.00 150.00 290.00 1,775.00 1,950.00 515.00 420.00 960.00 300.00 2,025.00 400.00 550.00 1,215.00 27,250.00 4,200.00 540.00 14,350.00 3,400.00 ,: 76 PLANNING COMMISSION #83 Printing & Office Supplies (1) ............ $ 4,050.00 (1) Net increase $ 50.00 NON DEPARTMENTAL #91 Refund Taxes (1) .......................... $ 51,000.00 Refund Accounts (2) ....................... $133,000.00 (1) Net increase. $24,000.00 (2) Net increase ................. $55,000.00 TERMINAL LEAVE #97 Terminal Leave (1) ........................ $ 47,000.00 (1) Net increase ...... $12,000.00 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 17th day of June, 1974. No. 21598. AN ORDINANCE to amend and reordain certain sections of the Water Department 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of 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 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: WATER DISTRIBUTION & TRANSMISSION #290 Utilities (1) ............................. $4,300.00 (1) Net increase TERMINAL LEAVE #330 Terminal Leave (1) (1) Net increase MISCELLANEOUS #340 Miscellaneous (1) (1) Net increase $ 300.00 ........................ $8,100.00 $ 600.00 ......................... $8,300.00 $1,300.00 377 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 17th day of June, 1974. No. 21599. AN ORDINANCE to amend and reordain certain sections of the Civic Center 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the Civic Center 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: ADMINISTRATIVE EXPENSES #440 Overtime (1) ............................. $32,892.19 Medical Insurance Payment (2) ............ $ 1,044.42 Refunds & Rebates (1) Net increase (2) Net increase- (3) Net increase- OPERATING EXPENSES 9445 (3) .................... $ 7,136.99 ....... $20,892.19 ......... $ 44.42 ....... $ 636.99 Settle Payments to Presentors (1) ........ $826,533.70 (1) Net increase ................ $16,833.70 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 378 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1974. No. 21600. AN ORDINANCE to amend and reordain Section #10, "Director of Finance," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #10, "Director of Finance," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ATTEST: DIRECTOR OF FINANCE #10 Dues, Memberships and Subscriptions (1) ............ $ 850.00 Printing and Office Supplies (2) ................... 18,900.00 (1) Net increase ............ $ 350.00 (2) Net increase 1,000.00 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 17th day of June, 1974. No. 21601. A RESOLUTION directing advertisement for bids for award of a franchise to use the streets and other public places of the City of Roanoke for a system of community antenna television (hereinafter called cable television or CATV), wires, conduits, cables and fixtures, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Clerk do cause to be advertised once a week for four successive weeks in the "Roanoke World News", a newspaper having general circulation in the City of Roanoke, the proposed ordinance hereinafter set out 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 CATV system and to construct, install and maintain poles, cables, wires, conduits, and appurtenances necessary to the sale and distribution of CATV service 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", the term of which proposed franchise has been approved by the Mayor, said advertisement to invite bids for the franchise proposed to be granted in said proposed ordinance, which bids are to be in writing and delivered to the presiding officer of the Council of the City of Roanoke in open session of said City Council at the meeting thereof to be held in the Exhibit Hall at the Roanoke Civic Center, at 710 Williamson Road, N. E., in the City of Roanoke, Virginia, on the 28th day of August 1974, at 1:00 o'clock, p.m., local time, the right to reject any and all bids and to award the franchise to the single bidder whose bid is deemed to best effect and serve the interest of the public to be reserved in said advertisement, and said proposed ordinance to be in the following form, 'words and figures, to-wit: 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. 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. "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 d. "Street" or "the streets" means the streets, alleys, avenues, highways 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 subscribers, but also any product or commodity furnished by the Grantee and equipment, apparatus, appliances and facilities devoted to the purposes in which the Grantee is engaged and to the use and accomo- dation of the public. 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, modi- fying or originating television, 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 Revenues" shall mean the Grantee's annual 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 communi- cation 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 Channel(s) 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 considered 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. p. "Public Access Channel" shall mean the channel or channels which are exclusively allocated for dedicated, non-commercial, and non-discrimi- natory 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 presentation 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 Val].ey" 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 programming, time allocations and other aspects of the operation of the educational channel(s) as defined under Section 26. Section 2. Grant of Authority. Subject to the provisions, conditions and restrictions set forth in this ordinance or herein referred to, there is hereby granted to , 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, 382 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 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 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 neCeSsary certificates, licenses, permits and agreements which are required to construct and operate a CATV system in the City. Within ninety (90) days of receipt of such certificates, licenses, permits and agreements, the Grantee shall commence construction of the CATV system. Thereafter, construction shall proceed at such rate so as to make service available at the earliest possible time to all members of the public desiring such 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 construc- tion, the Grantee shall have constructed and made operational within the City, a CATV system of at least street miles in length, such system to make service available to at least housing units. 2. Within twenty-four (24) months following commencement of construction, the Grantee shall have constructed and made operational within the City, a CATV system of at least to make service available to at least 3. Within thirty-six street miles in length, such system housing units. (36) months following commencement of construction, the Grantee shall have constructed and made operational within the City, a CATV system of at least street miles in length, such system to make service available to at least housing units. 4. Within forty-eight (48) months following commencement of construction, the Grantee shall have completed construction and shall have made the system fully operational so as to make service available to every housing unit 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 cause, contingency, or circumstance not subject to its control which prevents or hinders the construction of the CATV system described herein. If construction is delayed or prevented by any of the circumstances set forth hereinabove, the Grantee shall be absolved from liability upon a sufficient showing of the same. Upon a finding by the City after an appropriate public proceeding affording due process of law, that the Grantee is more than six calendar months behind construction schedule due to causes or circumstances which are within the Grantee's control, the City shall be entitled to revoke the franchise. The Grantee shall notify the City in writing not less than fifteen (15) days prior to commencement of construction of the date upon which construction will commence. Thereafter, the Grantee shall file tri-monthly reports with the Council, within thirty (30) days after the end of each three months period following commencement of constrUction, informing the Council of the Grantee's construction progress in the City. Such reports shall state the number of miles of system which have been constructed and made operational in the City during the preceding quarter, the total number of subscribers connected to the system at the end of said preceding quarter, the number of miles to be constructed and made operational during the current quarter and any delays which the Grantee is aware of which could prevent the completion of the system within the allotted period. '384 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 converting UHF for distribution to subscribers. Be capable of transmitting Class I channels as defined by the FCC be Rules. c. Be capable of passing standard color TV signals without the introduction 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 specificatJ 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 constructed and operated within the City with the system to be constructed ,ns and operated in Roanoke County and the Town of Vinton. Such interconnection is to be achieved so as to provide identical service to all subscribers, irrespecti~ 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 telecommunic. tions 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 (hereinafter 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. c. All 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 inspection. 386 ' 'l! 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 regulation: 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 representatives 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 herein- before 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. 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 relocated. 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 emergencie: involving 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 a~d 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, specifications 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 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 388 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 constructior 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 Grantee. 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 obstructed 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, 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 obtaining 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: Se channel 15. b. c. d. e. f. g. h. 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. 390 i. 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 responsibil, ities 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: 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 If installed at time of CATV connection If installed at later date 3 91 B. Commercial Rates: (more than 4 units at one location) Installation Charges Using existing master TV system First set Each additional set Where no existing master TV system by negotiation with building owner Monthly Charges 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 Charges Reconnect (per unit) Move connection within unit · If required by system design of Grantee 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 city auditor 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 shall contain and reflect an audit and financial statement pertaining to the business operations of 392 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 inspection 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. Acquisition 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 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 proceeding, 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 authorized 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 amounts of: $ 500,000 for personal 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 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 398 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 Regulatory Program. Consistent with the rules and regulations of the FCC, the City herein establishes its regulatory program to oversee the construction and service proposals 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. 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 herein, 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 obligations contained in this franchise and until it shall have been established to the reasonable satisfaction, of the City Council that the proposed transferee possesses 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 398 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. 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. Severabilit~. 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 held 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 Commission 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. (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 Department 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 governing 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. (b) The Grantee's system shall provide for a "Commonwealth Access Channel" which will be made available for lease by the Virginia Public Telecommunications Council at the prevailing hourly rate on a strict basis of actual transmission use. (1) This "Commonwealth Access Channel" shall be receivable throughout the CATV system and shall not require converters at subscriber's 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. 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 standards, 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 it~ police power, provided that such regulations, by ordinance or otherwise, shall be reasonable. 4O, 2 Section 30. Advertisement for Bids. This ordinance shall be published once a week for four successive weeks in a newspaper of general circulation in the City. There shall be advertised therewith an offer for bids on the part of any party interested, which advertisemenl shall fix the date on which bids shall be presented. All bids for franchises, rights and privileges hereby granted shall be submitted in writing as required by law, and shall include proposals to serve the City of Roanoke, Roanoke County and the Town of Vinton through a single Roanoke Valley system. Each bidder shall file with his bid a certified check in the sum of $1,450.00 made payable to the City of Roanoke, Virginia, which shall be kept and used by the City to defray the costs associated with this proceeding, including the costs for advertising, consultants and any other direct costs. It is understood that in the event that the sum of all filing or bid fees received by the City is less than the total costs incurred by the City, as aforesaid, such difference shall be Paid by the Grantee upon acceptance of the franchise as provided in SeCtion 32.. SeCtion 31. 'Ef:f~C:tive' 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. SeCtion 32. 'Acceptance. The undersigned, .... , 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. , on the day of , 19 , 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 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 : By ATTEST: Term of Franchise Approved: ADOPTED APPROVED Teste: Approved: City Clerk Mayor I, , 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 , duly enacted by said Council on the day of , 19 , by a recorded affirmative vote of a majority of all the members elected thereto; and I further certify that the requirements of the laws of the State of Virginia, regulating the grant of franchise, et cetera by cities and towns, and the requirements of the Charter of the City of Roanoke, were duly complied with. IN TESTIMONY WHEREOF, I have hereunto set my hand as City Clerk of the said City of Roanoke, this , A.D. 19 : ATTEST: day of APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1974. No. 21602. A RESOLUTION approving a certain Roanoke Valley Regional Landfill Report and Plans, as amended, agreeing to change the proposed method of operation of said landfill should said proposed method of operation later be determined to have a deleterious effect upon surface or ground water; and agreeing to impose certain conditions upon any subsequent operator of said landfill. WHEREAS, in September, 1973, pursuant to authority of this Council, Thompson and Litton, Engineers, prepared and submitted a Roanoke Valley Regional Landfill Report and Plans for operation of a sanitary landfill on a regional basis on land owned by the City situate in Roanoke County near Dundee, Virginia; and WHEREAS, pursuant to direction of the State Health Department said report and plans was amended by Addendum 91, dated May 17, 1974, prepared by Thompson and Litton, Engineers; and WHEREAS, the City's Landfill Committee, along with administrative officials of the City, has reviewed said report and plans as amended by Addendum 91 and recommends its approval by this Council along with certain assurances by the City to the State Health Department. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, as follows: 1. That the Roanoke Valley Regional Landfill Report and Plans, dated September, 1973, as amended by Addendum 91, dated May 17, 1974, prepared by Thompson and Litton, Engineers, be and it hereby is approved; and 2. That the City does hereby agree and assure the State Department of Health, that in the event the proposed method of operation of said landfill is later determined to have a deleterious effect upon surface or ground water in the vicinity of the landfill, an alternate method of operation will be planned and developed to forestall further degrading of such surface and ground water; and 3. That the City does hereby agree and assure the State Department of Health that in the event the operation of said landfill is assigned to another party, provision will be made and assurances will be required for such other party's operation of said landfill in full accordance with the aforesaid Report and Plans dated September 1973, as amended by Addendum 91, dated May 17, 1974, and the condition set out in paragraph (2) above will be included as a condition of any such assignment. BE IT FURTHER RESOLVED that the City Clerk be and she hereby is directed to forthwith forward an attested copy of this resolution to the Commonwealth of Virginia, Department of Health, Richmond, Virginia. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1974. No. 21603. AN ORDINANCE authorizing the purchase of one new crash-rescue vehicle, upon certain terms and provisions, by accepting the bid made to the City by Southeastern Safety Appliances, Inc.; and providing for an emergency. WHEREAS, on June 11, 1974, and after due and proper advertisement had been made therefor, one (1) bid for the supply to the City of a new crash- rescue vehicle with radio accessories 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 recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending award of the contract as hereinaf provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the only bid meeting all specifications made for such equipment, made to the City for the supply of said vehicle, and that funds sufficient to pay for the purchase price of said machine have been appropriat, 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 take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Southeastern Safety Appliances, Inc., to sell and deliver to the City, in full accordance with the City's specifications made therefor and with said bidder's proposal, one new crash-rescue vehicle, Ansul 480 Magnum, with radio accessories, for the net price of $45,666.00, to be paid by the City, delivered f.o.b., Roanoke, Virginia, within 90 days from issuance of purchase order, as set out in the specifications, be, and is hereby ACCEPTED; and the City's Purchasing Agent is hereby authorized and directed, for and on behalf of the City, to issue the requisite purchase order for said equipment, however, the same not to be issued until the City Manager has filed with the Federal Aviation Administration a grant application for ADAP Project No. 8- 51-0045-03-74 for reimbursement of 82% of the cost of said equipment including administration, a total sum of $41,000.00, and such application has been approved by the Federal Aviation Administration, the same to be paid for upon acceptance by the City out of funds appropriated for the purpose. er d 406 BE IT FINALLY 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 17th day of June, 1974. No. 21604. AN ORDINANCE authorizing the purchase and installation of additional security boundary fencing at the Roanoke Municipal (Woodrum) Airport, upon certain terms and provisions, by accepting the bid made to the City by Powers Fence Company of Roanoke, Inc.; and providing for an emergency. WHEREAS, on June 10, 1974, and after due and proper advertisement had been made therefor, one (1) bid for the supply and installation of additional airport security boundary fencing was opened before Council and was referred to 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 hereinafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the only bid meeting all specificatJ made for such fencing, made to the City for the supply and installation of said fencing, and that funds sufficient to pay for the purchase and installation of said fencing have been appropriated 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 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 sell and install, in full accordance with the City's specifications made therefor and with said bidder's proposal, security boundary fencing at Roanoke Municipal (Woodrum) Airport, for the net price of $42,240.00, to be paid by the City, all as set out in the specifications, be, and is hereby ACCEPTED; and the City's Purchasing Agent is hereby authorized and directed, for and on behalf of the City, to issue the requisite purchase order for said fencing, however, the same not ons 4 to be issued until the City Manager has filed with the Federal Aviation Administra- tion a grant application for ADAP Project No. 8-51-0045-03-74 for reimburse- ment of 75% of the cost of said fencing including administration, a total sum of $32,805.00, and such application has been approved by the Federal Aviation Administration, the same to be paid for upon acceptance by the City out of funds appropriated for the purpose. BE IT FINALLY 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 17th day of June, 1974. No. 21605. AN ORDINANCE authorizing the purchase and installation of additional ramp lighting at Roanoke Municipal (Woodrum) Airport, upon certain terms and provisions, by accepting the bid made to the City by Cross Electric Company, Inc., rejecting certain other bids; and providing for an emergency. WHEREAS, on June 10, 1974, and after due and proper advertisement had been made therefore, three (3) bids for the supply and installation of additional airport ramp lighting were opened before the Council and were referred to a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending award of the contract as hereinafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid meeting all specifications made for such lighting, made to the City for the supply and installation of said lighting, and that funds sufficient to pay for the purchase and installation of said lighting have been appropriated 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 take effect upon its passage. 4O8 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Cross Electric Company, Inc., to sell and install in full accordance with the City's specifications made therefor and with said bidder's proposal, additional ramp lighting at Roanoke Municipal (Woodrum) Airport, for the net price of $27,770.00, to be paid by the City, all as set out in the specifications, be, and is hereby ACCEPTED; and the City's Purchasing Agent is hereby authorized and directed, for and on behalf of the City, to issue the requisite purchase order for said lighting, however, the same not to be issued until the City Manager has filed with the Federal Aviation AdministratJ a grant application for ADAP Project No. 8-51-0045-03-74 for reimbursement of 75% of the cost of said lighting including administration, a total sum of $21,955.00, and such application has been approved by the Federal Aviation Administration, the same to be paid for upon acceptance by the City out of funds appropriated for the purpose. BE IT FURTHER ORDAINED that the other bids received by the City for furnishing such lighting be, and said other bids are hereby REJECTED, the City Clerk to so notify said other bidders and to express to them the City's appreciation for said bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1974. No. 21606. AN ORDINANCE to amend and reordain Section #450, "Municipal Airport Fund," of the 1973-74 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 9450, "Municipal Airport Fund," of the 1973-74 Municipal Airport Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: on MUNICIPAL AIRPORT FUND 9450 Crash Rescue Vehicle (1) ................. $96,676.00 (1) Net increase --- $96,676.00 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 17th day of June, 1974. No. 21607. AN ORDINANCE to amend and reordain Section 9340, "Municipal Airport Fund," and Section 9501, "Municipal Airport Fund," of the 1973-74 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 9340, "Municipal Airport Fund," and Section 9501, "Municipal Airport Fund," of the 1973-74 Municipal Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: MUNICIPAL AIRPORT FUND 9340 Maintenance of Buildings and Property (1) ........................ $84,592.50 MUNICIPAL AIRPORT FUND 9501 Repairs on West Ramp (2) ................. 31,877.50 (1) Net decrease --- $6,877.50 (2) Net increase 6,877.50 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance ATTEST: Deputy City Clerk Mayor APPROVED shall be in effect from its passage. 4 .0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1974. No. 21608. AN ORDINANCE accepting the proposal of H & S Construction Company for repairing the concrete apron in front of the Terminal Building at the Roanoke Municipal Airport upon certain terms and conditions; authorizing certain City officials to execute the requisite contract; and providing for an emergency. WHEREAS, at the meeting of Council held on June 10, 1974, and after due and proper advertisement had been made therefor, a single bid for furnishing all tools, machines, labor and materials for repairing the concrete apron in front of the Terminal Building at the Roanoke Municipal Airport was opened and read before the Council, whereupon said bid was 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 bid, it being the proposal hereinafter accepted and it being the best and only bid made to the City for the performance of said work; and has recommended that it be accepted; and WHEREAS, funds sufficient to pay for the cost of the aforesaid improve- ment have been appropriated for the purpose by the Council; 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 written proposal of H & S Construction Company, made to the City for repairing the concrete apron in front of the Terminal Building at Roanoke Municipal Airport, as described in the City's plans and specifications, and based upon the unit prices contained in said proposal and estimated to cost a sum amounting to $31,877.50, cash, be, and said proposal is hereby ACCEPTED; and the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, 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 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. 4 tl 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 17th day of June, 1974. No. 21609. A RESOLUTION relating to voluntary disclosure of real estate holdings by members of the City Council. WHEREAS, knowledgeable of the requirement under the Virginia Conflict of Interests Act that public officers make disclosure of material financial interests as defined by said Act, suggestion has been made by a member of the Council that the Council recommend to its members the making of further disclosure as to real estate in the City which they may own or in which they may have interests, and the Council, considering the proposal, is willing to concur therewith. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council recommends that its members, in addition to making disclosure of such material financial interests as ought and are required to be made by the Virginia Conflict of Interests Act, conform with the intent of certain legislation enacted but not approved during the 1974 General Assembly of Virginia, and file annually with the City Clerk disclosure of all real estate holdings in the City as well as holdings in any corporation, partnership or any other business association whose primary purpose is to own or develop real estate in the City. APPROVED ATTEST: Deputy City Clerk Mayor 4; 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1974. No. 21610. A RESOLUTION relating to the late THOMAS HOWARD BOYER. WHEREAS, the Council learned with regret of the passing, on June 6, 1974, of Thomas Howard Boyer, a long-time resident of the City and for many years active in the business and public affairs of this community; and WHEREAS, appointed to the Electoral Board of the City of Roanoke in 1935, he served continuously and throughout numerous reappointments to said Board until February 28, 1970, for many years being the Chairman of said Board; and WHEREAS, highly knowledgeable in matters involving real estate and its value, he was among the first persons appointed by the Court of Law and Chancery of the City of Roanoke and confirmed by the Council of said City as a member of the City's Permanent Board of Real Estate Assessors; and WHEREAS, this Council deems it appropriate that this Body take recognitio] of the public services rendered to the community by Mr. Boyer in his long and productive life. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council, recognizing all of the aforesaid, extends to Mrs. Lillian Gunn Boyer, widow of the late Thomas Howard Boyer, its sympathy and that of the many friends of the decedent, upon the occasion of the recent death of the aforesaid citizen; and does direct the City Clerk to transmit to Mrs. Boyer an attested copy of this resolution. APPROVED ATTEST: Deputy ~~-___ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1974. No. 21611. AN ORDINANCE to amend 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; and providing for an emergency. WHEREAS, the Water Resources Committee has 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 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 concurs; 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 the addition thereto of a new rule, to be numbered Rule 7.1, to read and provide as follows: Rule 7.1. In addition to the fees set forth in Rule 7 for connection fees, the following availability fees set forth in subparagraph (B), following, for service connections and connections for water line extensions shall apply to all of those sections of the water line described in subparagraph (A), following, unless the water line at the point of connection has been installed by a developer or applicant under a water line extension agreement: A. Water Line Description: 1. That 16-inch water line extending from the intersection of Franklin Road (U. S. Route 220) and Penarth Road generally along U. S. Route 419 to the intersection of U. S. Route 419 and Ogden Road. 2. That 16-inch water line extending from the intersection of U. S. Route 419 and Ogden Road along Ogden Road to the intersection of Ogden Road and Colonial Avenue, excepting however that section of the 16-inch water line that parallels that section of 2-inch water line in and adjacent to Ogden Road, said 2-inch water line being that purchased by the City from Valley Water Company. 3. That 8-inch water line extending from the intersection of the common boundary line between Lots 7 and 8 of Block 1, of the Map of Ogden Hills with Colonial Avenue along Colonial Avenue to the intersection of Colon- ial Avenue and Ogden Road, excluding however any portion of the water line used to serve that property that could have been served by water lines purchased by the City from Valley Water Company. 4!4 4. That 16-inch water line extending from the intersection of Ogden Road and Colonial Avenue along Colonial Avenue to the intersection of Colonial Avenue and Georgetown Park. 5. Any other segment of a water trunk line extend- ing from Crystal Spring Pumping Station to Grants Plaza Shopping Center that is construed by the Manager of the Water Department to apply under that certain report submitted to City Council on January 3, 1974, by the Chairman of the City's Water Resources Committee. 6. The water lines described in subparagraphs (A.1) through (A.4) preceding are generally those shown on plan dated June 3, 1974, and prepared by Kit B. Kiser as water line for NEW AREA, said Plan being on file in the Office of the City Clerk. B. Availability Fee: Availability Fee But Not Connection Size Equal to (1) Less Than 3-inch $2.50 per linear $ 750.00 foot 4-inch 3.00 per linear 1,000.00 foot 6-inch 3.50 per linear 2,000.00 foot 8-inch 4.00 per linear 3,000.00 foot 10-inch 4.50 per linear 4,000.00 foot 12-inch 5.00 per linear 5,000.00 foot (i) 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. The above availability fees shall remain in effect, unless earlier amended or revoked by ordinance of the City Council, through June 20, 1984. BE IT FURTHER 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 17th day of June, 1974. No. 21612. A RESOLUTION expressing the Council's willingness to reconsider the request of Total Action Against Poverty in Roanoke Valley to participate in said agency's funding for the fiscal year 1974-1975, should the Congress of the United States fail to provide funds for said organization. BE IT RESOLVED by the Council of the City of Roanoke that, representatives of Total Action Against Poverty in Roanoke Valley having heretofore requested that the Council appropriate a sum said to represent the City of Roanoke's anticipated proportionate share of the funding of said organization's activities for the fiscal year 1974-1975 as budgeted by said organization, and the Council having considered but deferred action on the request, said Council doth hereby express its willingness to reconsider the request of said organization for the appropriation of funds deemed appropriate by the Council, should the Congress of the United States fail to provide necessary funding for the implementation of said organization's activities for the fiscal year 1974-1975. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1974. No. 21613. A RESOLUTION authorizing compromise settlement of all claims made by Nello L. Teer Company in connection with the construction of the Roanoke Civic Center. BE IT RESOLVED by the Council of the City of Roanoke that, the City Attorney and the City Manager having advised the Council that it would be in the best interests of the City to compromise and settle all claims presently pending in litigation between the Nello L. Teer Company and the City relative to the construction of the Roanoke Civic Center, the Council doth hereby approve payment to said Company of the sum of $213,500.00, representing full and complete compromise settlement of any and all claims of said Company and of any and all subcontractors of same arising out of the construction of the Roanoke Civic Center. ATTEST: Deputy City Clerk APPROVED Mayor 4'!6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1974. No. 21614. AN ORDINANCE to amend and reordain Section #72, "Public Employment Program of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #72, "Public Employment Program," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC EMPLOYMENT PROGRAM %72 Summer Program for Economically Disadvantaged Youth ................... $166,200.00 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 24th day of June, 1974. No. 21615. AN ORDINANCE to amend and reordain Section %530, "C.A.M.P.S.," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: C.A.M.P.S. %530 Personal Services (1) Extra Help (2) .............................. Communications (3) .......................... Travel Expense (4) .......................... Dues, Memberships & Subscriptions (5) ....... Maintenance of Building & Property (6) ...... Maintenance of Machinery & Equipment (7) .... Printing & Office Supplies (8) .............. Education (9) ............................... ....................... $42,140.00 --0-- 1,529.02 2,399.54 525.00 650.00 1,045.67 1,546.86 2,975.00 (1) Net increase (2) Net decrease (3) Net increase (4) Net increase (5) Net increase (6) Net decrease (7) Net increase (8) Net increase (9) Net increase ............ $14,252.00 12,112.00 529.02 999.54 225.00 350.00 745.67 346.86 2,975.00 7 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 24th day of June, 1974. No. 21616. A RESOLUTION adopting and approving the execution of a Grant Agreement between the City of Roanoke and the United States of America, Federal Aviation Administration, providing for Federal aid in the development of the Roanoke Municipal Airport, as Project No. 8-51-0045-04; Contract No. FA-EA-1320. WHEREAS, the Federal Aviation Administration, acting for the United States of America, has approved a Project and tendered to the City of Roanoke a Grant Offer under which the United States offers to pay 82% of the cost of the quick dash truck and 75% of all other costs of a project for development of the City's Roanoke Municipal Airport, as hereinafter set out, subject to the terms and conditions, including assurances, embodied in the Grant Agreement hereinafter referred to and incorporated herein by reference; and WHEREAS, the offer made by the United States is agreeable to the City and must be accepted in the manner provided in the terms thereof and in accordance with the regulations incorporated therein by reference. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That said City of Roanoke does ratify and affirm the Project Application of the City dated June 10, 1974, made to the United States of America, Federal Aviation Administration, and incorporated into the Grant Agreement next hereinafter referred to and, further, does hereby ACCEPT that certain Grant Offer made to the City by the United States of America, acting through the Federal Aviation Administration, for the purpose of obtaining Federal aid in the development of Roanoke Municipal Airport as set forth in a certain Grant Agreement, bearing date of June 17, 1974, for Project No. 8-51-0045-04, Contract No. FA-EA-1320, for a grant of Federal funds to the City of Roanoke for a Project consisting of installation of perimeter fencing (10,560 L.F.); security fencing (1980 L.F.) and apron lighting; and purchase of quick dash vehicle, equal to 82% of the cost of the quick dash truck and 75% of all other costs of said Project, the maximum obligation of the United States payable under said Grant 4!8 ATTEST: Offer to be $101,954.00; the aforesaid Grant Agreement, a copy of which is on file in the office of the City Clerk, being hereby incorporated into this resolution by reference and an unsigned copy thereof being attached hereto and made a part hereof, as fully as if set out in extenso; 2. That the City of Roanoke shall enter into a Grant Agreement with the United States for the purpose of obtaining Federal aid in the development of the City's Roanoke M~icipal Airport by executing the Acceptance of the aforesaid Grant Offer; and 3. That Byron E. Haner, City Manager, is hereby authorized and directed to execute said Grant Agreement, in five (5) copies, on behalf of the City of Roanoke and that Virginia L. Shaw, City Clerk, is hereby authorized and directed to impress thereon the official seal of the City of Roanoke and to attest said execution; and 4. That the Grant Offer referred to above is incorporated herein by reference and a copy thereof be here~to attached. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1974. No. 21617. A RESOLUTION relating to Chesapeake & Ohio Railway Company's Class H-8 Steam Locomotive No. 1604 on loan Go the City as an exhibit in the Roanoke Transportation Center and Railroad Museum. WHEREAS, Chesapeake & Ohio Railway Company loaned to the City on March 1, 1969, for an indefinite period its Class H-8 steam locomotive No. 1604 for purposes of exhibition of the same along with other items of historical interest provided by other railroad companies in The Roanoke Transportation and Railroad Museum in the City's Wasena Park, it being expressly agreed and understood, among other things, that title to the locomotive would remain in Chesapeake & Ohio Railway Company and that the City would, on written request, surrender the locomotive to said Company, meanwhile maintaining the locomotive in good order and repair and assuming liability arising from its possession thereof; and WHEREAS, while no formal request for the return of the locomotive to its owner has been received by the City, nevertheless, the Council is advised that inquiry has been made to its Transportation Center and Railroad Museum Committee as to the City's desire to retain the locomotive as an exhibit in said Musuem; and WHEREAS, pointing out that the City has complied in all respects with its agreement made with Chesapeake & Ohio Railway Company in obtaining loan of said locomotive, that C & O Locomotive No. 1604, being one of seven steam locomotives in its Railroad Museum, the others having been acquired from other railroad companies, is the largest single exhibit in the Museum and has been accorded a most prominent location therein and has been maintained in such condition as to bring credit to Chesapeake and Ohio Railway Company; and WHEREAS, while not operating its trains directly through the City of Roanoke, Chesapeake & Ohio Railway Company is recognized as an important railroad within the State of Virginia and in days past has operated No. 1604 and similar locomotives within the State as did other railroad companies whose steam locomotives are also on exhibit at the Railroad Museum, thereby making the City's exhibit of Chesapeake & Ohio's Locomotive No. 1604 a matter of real historical value to this area and to the State; and WHEREAS, public attendance at said Museum is steadily increasing, over 7000 persons having visited the Museum since its current opening on May 30th, last past, as compared to the total attendance of approximately 12,000 persons during the entire 1973 season and, with the announced plans of the American Freedom Train pulled by steam locomotives as a project keyed to celebratioi of the American Bicentennial of Independence, public interest in steam locomotives and increased attendance at the Railroad Museum is expected to occur, and this body would hope that its exhibition of steam locomotives at said Museum not be depleted. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it does hereby express to the Chesapeake & Ohio Railway Company its appreciation for being allowed to exhibit C & O Locomotive No. 1604 at its Roanoke Transportatio] and Railroad Museum and, while recognizing the right of said Company to require surrender of possession of said locomotive at any time, does earnestly request that the same be allowed to remain on exhibition along with those of other railway companies represented at the Museum so long as the terms of the written loan agreement made March 1, 1969, between said Company and the City are kept and performed by the City. BE IT FURTHER RESOLVED that the Chairman of the Council's Transportation Center and Railroad Museum Committee be authorized to transmit attested copies of this resolution to officials of Chesapeake and Ohio Railway Company cognizant of the aforesaid matters, and to further assure said Company and its officials of the Council's desire in connection herewith. ATTEST: APPROVED Deputy City Clerk Mayor 420 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1974. No. 21618. AN ORDINANCE repealing Chapter 8, Title II, of the Code of the City of Roanoke, 1956, as amended, relating to the City Auditor; and providing for an emergency. WHEREAS, Chapter 149 of the Acts of Assembly of 1974, approved March 28, 1974, provided, among other things, for the repeal of Sec. 25. City Auditor of the Roanoke Charter of 1952, as amended, the effective date of the repeal of said section to be such time as the Council shall have elected a Director of Finance as provided for in Sections 9 and 25.1 of said Act and he shall have qualified; and WHEREAS, the Council has elected a Director of Finance as provided in the aforesaid Act and the person so elected has duly qualified for the position to Which 'he 'was elected. 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 8,' The City Auditor, of Title II, Administration, of the Code of the City of Roanoke, 1956, as amended, be, and said Chapter is hereby REPEALED. BE IT FURTHER ORDAINED that an emergency exists, and that this ordinance shall take effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1974. No. 21619. AN ORDINANCE amending Title II, Administration, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new Chapter to be numbered and entitled Chapter 8.1, Director of Finance, relating to the office of and the duties of the Director of Finance; and providing for an emergency. WHEREAS, Chapter 149 of the Acts of Assembly of 1974, amending the Charter of.the City of Roanoke, made provision for the Council's election of a Director of Finance and set out the duties and responsibilities of that office; 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title II, Administration, of the Code of the City of Roanoke, 1956, as amended, be and said Title is hereby amended by the addition of a new chapter, to be numbered and entitled Chapter 8.1, The Director of Finance, to read and provide as follows: CHAPTER 8.1 ATTEST: The Director of Finance. Sec. 1. Election and term of office. As provided in sections 8 and 9 of the Charter, the council shall elect a director of finance, for a term of two years from the first day of October in the year of such election. Sec. 2. Duties in general. The duties of the director of finance shall be defined and set out in sections 25.1 and 56 of the Charter and such other duties as may be provided by the council. Sec. 3. Compensation. The director of finance shall receive such compensation for the performance of his duties as the council shall from time to time fix and determine. Sec. 4. Assistants and clerical help. The director of finance is authorized and empowered to appoint two assistant directors of finance and may appoint such clerical help as may be authorized by the council, and the compensation of such assistant directors of finance and clerical help shall be such as the council may from time to time fix and determine. Any of the duties of the director of finance may be performed by the assistant directors of finance. BE IT FURTHER ORDAINED that, an emergency exists and that,this ordinance be in force and effect upon its passage. APPROVED Deputy City Clerk Mayor 422 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1974. No. 21620. AN ORDINANCE amending Title II, Administration, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new chapter to be numbered and entitled Chapter 8.2, Municipal Auditor, relating to the office of and the duties of the Municipal Auditor; providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, Chapter 149 of the Acts of Assembly of 1974, amending the Charter of the City of Roanoke, made provision for the Council's election of a Municipal Auditor and set out the duties and responsibilities of that office; 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title II, Administration, of the Code of the City of Roanoke, 1956, as amended, be and said Title is hereby amended by the addition of a new chapter, to be numbered and entitled Chapter 8.2, The Municipal Auditor, to read and provide as follows: CHAPTER 8.2 The Municipal Auditor. Sec. 1. Election and term of office. As provided in sections 8 and 9 of the Charter, the council shall elect a munici- pal auditor, for a term of two years from the first day of October in the year of such election. Sec. 2. Duties in general. The duties of the municipal auditor shall be as defined and set out in section 25.2 of the Charter. Sec. 3. Compensation. The municipal auditor shall receive such compensation for the performance of his duties as the council shall from time to time fix and determine. Sec. 4. Assistant and clerical help. The municipal auditor is authorized and empowered to appoint (a) one or more assistant municipal auditors and (b) such clerical help, as may be authorized by. council, and the compensation of such assistant municipal auditors and clerical help shall be such as the council may from time to time fix and determine. Any of the duties of the municipal auditor may be performed by an assistant municipal auditor. BE IT FURTHER ORDAINED that an emergency exists and this ordinance shall be in force and effect on and after July 1, 1974. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1974. No. 21621. AN ORDINANCE to amend and reordain Section #2000, "Schools-Instruction," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section #2000, "Schools - Instruction," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - INSTRUCTION #2000 Personal Services (1) ..................... $11,146,275.06 (1) Net increase ................ $580,000.00 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 24th day of June, 1974. No. 21622. A RESOLUTION appointing two members of the Local Board of Virginia Western Community College for four-year terms of office on said Board, commencing July 1, 1974. BE IT RESOLVED by the Council of the City of Roanoke that Henry E. Thomas and Paul R. Thomson, residents of the region served by Virginia Western Community College and representative of the commercial, industrial 424 and professional interests and activities of such region, be and are hereby appointed members of the Local Board of Virginia Western Community College for four-year terms of office, commencing July 1, 1974. BE IT FURTHER RESOLVED by this Council that the City Clerk transmit to each above-named appointee, to the President of Virginia Western Community College, and to the State Board for Community Colleges an attested copy of this resolution. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1974. No. 21623. AN ORDINANCE authorizing the issuance of Change Order No. 4. to the City's contract dated January 3, 1973, with Martin Brothers Contractors, Inc., for certain alterations to the City's 3rd Street, S. W., Building, by providing for reduction of the amount of retainage held by the City under the terms of the contract until its full completion; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council, on good reason stated in his report made June 17, 1974, that a Change Order be authorized to be issued by the City, to become a part of the City's contract dated January 3, 1973, with Martin Brothers Contractors, Inc., for certain alterations to the City's 3rd Street, S. W., Building, which change would reduce to the lump sum of $10,000.00 the amount to be held by the City under the terms of said contract out of sums otherwise due said contractor until the work to be done under the contract shall have been fully performed, the sum presently being retained by the City amounting to approximately $78,895.00 and the contract work having been substantially completed; and WHEREAS, the City's contractor is reported willing to the issuance of such 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 is hereby authorized and directed to execute and issue Change Order No. 4. to the City's contract dated January 3, 1973, with Martin Brothers Contractors, Inc., providing for certain alterations ATTEST: to the City's 3rd Street, S. W. Building, which said Change Order shall provide for reduction to the lump sum of $10,000.00 the sum to be retained by the City out of payments otherwise due said contractor under the contract, said sum to be retained and held by the City until all work to be performed under the contract shall have been completed and the same shall have been fully accepted by the City. 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 24th day of June, 1974. No. 21624. AN ORDINANCE authorizing the Director of Finance to transfer from certain Funds of the City to the City's Sewage Treatment Fund certain monies, which shall later be reimbursed by the Sewage Treatment Fund to the Fund from which such monies are so transferred; and providing for an emergency. WHEREAS, the Director of Finance in report made to the Council dated June 17, 1974, has requested authority to make certain temporary transfers of funds as between certain separate accounts or funds of the City, so as to avoid the necessity of short-term borrowing to meet current appropriated obligations of one fund while sufficient sums are available in another fund; 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Director of Finance be and he is hereby authorized and empowered when and at such times as, in his discretion, adequate funds are on hand in the City's General Fund or Capital Fund to meet the current obligations of said Funds, to make temporary transfer of such excess monies on hand in said General Fund or Capital Fund to the City's Sewage Treatment Fund as may be necessary or required to pay and discharge current obligations against said Sewage Treatment Fund, all such sums to be, by similar transfer, refunded to the City's General Fund or Capital Fund out of subsequent revenues to the said Sewage Treatment Fund. 4'26 BE IT FURTHER ORDAINED that an emergency exists and 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 24th day of June, 1974. No. 21625. AN ORDINANCE amending Chapter 2. Accounts, Warrants and Interest, of Title V. Finance, of the Code of the City of Roanoke, 1956, as amended, by addition of a new section making provision for payment at local banks of the City's periodic charges for water, sewage treatment and disposal and for utility taxes on water; and providing for an emergency. WHEREAS, in order better to meet the convenience of customers of the City's Water Department and to conform the City's procedures for collection of its charges made for sale of water, for sewage treatment and disposal services and for collection of the utility service tax imposed on the sale of water to the City's regular water customers, it is deemed proper and advisable that provision be made whereby all such charges made by the City may, at the election of the regular customers of the Water Department and as is the case with regular customers of electric, gas and telephone utility companies, be paid at local banks agreeable to the collection thereof pursuant to arrangements made with the City; and WHEREAS, for the usual daily operation of the municipal goverment an emergency is deemed to exist and this ordinance should take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 2. Accounts, Warrants and Interest, of Title V. Finance, of the Code of the City of Roanoke, 1956, as amended, be and said chapter is amended by the addition of a new section, to be numbered Sec. 12, to read and provide as follows: Sec. 12. Payment of certain charges for water, sewage treatment and disposal and of certain utility service taxes at local banks. 477 Regular customers of the water department may pay the periodic charges made and billed said customers by the City for water, pursuant to Parts A, B, C and D of section 6, Title XII. Water, for sewage treatment and disposal service, under section 14, Chapter 7, Title XVII, Sewers and Sewage, and for taxes imposed on water charges, under section 2, Chapter 3, Title VI. Taxation, of this Code at either the Office of the City Collector or at such local bank or banks which, being authorized depositories of City funds, have entered into written agreement with the City to perform such collection services for the City; and the Director of Finance is hereby authorized and empowered, on behalf of the City, to enter into written agreement with any such local bank as, in his discretion, is willing and capable of performing such services, such agreement or agreements to be upon form approved by the City Attorney but to provide inter alia, that, in accepting such payment from water customers, no less than the whole amount shown due on any billing made by the City to such customer shall be accepted by such bank; that at the end of each business day such bank will total all collections made during the day and will deposit the total of all such collections less not more than five cents, ($.05), per each whole bill so collected or such lesser amount as may have been agreed upon, which deduction shall be retained by such bank as its charge for the service of making such collections, in a draft account at said bank in the name of the City of Roanoke and shall, on the same day or on the business day next following, transmit to the City Collector a list or statement itemizing the colleCtions so made, a deposit slip evidencing the total amount of such daily deposit made to the credit of the City, and that portion or stub of each individual water customer's bill or statement on the basis of which such collection was made, which deposits from such banks shall be reported daily to the City Treasurer and the Director of Finance by the City Collector upon such form of report as shall be prescribed by the Director of Finance who shall, from time to time but not less than monthly by drafts drawn upon said deposits make proper distribution of the sums so collected and deposited between the Water Fund, the Sewage Treatment Fund and the General Fund, charging each said fund with its proportionate part of the collection fee retained by said bank out of the customers' payments so received. BE IT FURTHER ORDAINED that an emergency exists and this ordinance shall be in force and effect on and after the 1st day of July, 1974. ATTEST: APPROVED Deputy City Clerk Mayor 428 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1974. No. 21626. AN ORDINANCE making appropriations from the General Fund of the City of Roanoke for the fiscal year beginning July 1, 1974, and ending June 30, 1975; and declaring the existence of an emergency. WHEREAS, it is necessary for the usual daily operation of the Municipal Government that this Ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all money that shall be paid into the City Treasury for the General Fund in the fiscal year beginning July 1, 1974, and ending June 30, 1975, shall constitute a General Fund and that as much of the same as may be necessary be, and the'same is hereby appropriated to the following uses and purposes, to-wit: Council - 101 Salaries and Wages Utilities and Communications Contractual Services (1) Contingency Reserve Travel Expense and Education (3) Advertising (2) Supplies and Materials 36,600.00 480.00 16,045.00 300.00 19,000.00 5,000.00 2,200.00 Total Council (1) Chamber of Commerce Va. Municipal League State Chamber of Commerce National League of Cities U. S. Conference of Mayors National Municipal League Sister City Committee Mayors Committee on the Handicapped Shenandoah Valley Bicentennial Committee (2) Information Report to Citizens (3) Va. Municipal League Convention Expense $ 2,250.00 4,885.00 300.00 500.00 750.00 60.00 1,000.00 300.00 1,000.00 5,000.00 15,000.00 City Clerk - 102 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Advertising Maintenance of Buildings, Property and Equipment Supplies and Materials Office Furniture and Equipment 47,545.00 800.00 70.00 25.00 3,500.00 900.00 9,500.00 485.00 Total City Clerk (1) One legal size metal file cabinet, gray, No. 5402 L, Ail Steel Equipment Company (2) One Remington Rand Kardex Cabinet, 1964C 79,625.00 62,825.00 City Manager - 103 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Advertising Maintenance of Buildings, Property & Equipment Automobile Allowance Supplies and Materials City Manager's Special Fund Office Furniture and Equipment 96,083.00 1,990.00 1,100.00 1,650.00 250.00 425.00 2,592.00 2,750.00 700.00 6,140.00 Total City Manager $ 113,680.00 (1) Telephone attachment to "Thought Tank" to allow recording of telephoned dictation during other than normal duty hours. (2) 2 each - Desk (3) Office Furniture City Attorney - 104 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Maintenance of Buildings, Property and Equipment Supplies and Materials Office Furniture and Equipment 97,652.00 1,400.00 3,000.00 1,075.00 654.00 2,515.00 339.00 Total City Attorney 106,635.00 (1) (2) (3) 1 - Legal-size file cabinet - 4-drawer 1 - secretarial chair - swivel - no arms, cushioned seat 2 - wooden swivel chairs w/ arms Department of Finance - 105 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Data Processing Maintenance of Buildings, Property & Equipment Automobile Allowance Supplies and Materials Office Furniture and Equipment Other Equipment 174,220.50 2,200.00 550.00 2,350.00 925.00 220.00 14,500.00 3,010.00 1,800.00 Total Department of Finance 199,775.50 (1) (2) (3) (4) (5) (6) (7) (8) (9) 1 Desk Chair Two (2) Secretarial Chairs Four (4) side arm chairs One (1) Office Table One (1) 2-shelf print-out storage rack Two (2) Legal filing cabinets One (1) Electronic Calculator 1 Desk 1 Chair (10) Six (6) sections of office dividers (11) Three (3) sections of shelving Commissioner of Revenue - 106 Salaries and Wages (1) (2) Utilities and Communications (2) Contractual Services (2) Travel Expense and Education (4) Advertising (2) Insurance (2) Data Processing (2) Maintenance of Buildings, Property & Equipment (2) Automobile Allowance Supplies and Materials (3) Office Furniture and Equipment (3) 165,852.00 2,300.00 1,114.00 550.00 800.00 10.00 11,000.00 1,675.00 2,380.00 15,500.00 860.00 Total Commissioner of Revenue 202,041.00 430 (1) Salary request at i00% (2) 50% reimbursed by Commonwealth of Va. (3) 33 1/3% reimbursed by Commonwealth of Va. subject to approval of State Compensation Board (4) Full amount paid by City of Roanoke (5) Four (4) steno chairs (6) One (1) Electric Adding Machine (7) One (1) EleCtric Typewriter Assessment of Real Estate - 107 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Maintenance of Buildings, Property & Equipment Automobile. Allowance Supplies and Materials Office Furniture and Equipment Vehicular Equipment 102,612.00 1,050.00 1,150.00 1,500.00 600.00 7,200.00 3,400.00 420.00 Total Assessment of Real Estate $ 117,932.00 (1) 6 - Regan Portable Calculators for each appraiser to have 1 unit in the field to enable him to do field calculations and extentions of appraisals. Will save approximately 1% hours per day. City Treasurer - 108 Salaries and Wages (1) (2) Utilities and Communications (2) Travel Expense and Education (4) Advertising (2) Insurance (2) Data Processing (2) Maintenance of Buildings, Property & Equipment (2) Supplies and Materials (2) Office Furniture and Equipment (3) 136,304.00 2,000.00 500:00 1,000.00 750.00 2,500.00 3,000.00 18,400.00 850.00 Total City Treasurer 165,304.00 (1) Salary request at 100% (2) 50% reimbursed by Commonwealth of Va. (3) 33 1/3% reimbursed by Commonwealth of Va. subject to approval of State Compensation Board (4) Full amount paid by City of Roanoke (5) Manual typewriter (6) Filing cabinet (7) Office Chairs (4) Finance - Collector's Office - 109 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Insurance Maintenance of Buildings, Property & Equipment Automobile Allowance Supplies and Materials Food Stamp Operation Expense (1) Office Furniture and Equipment Vehicular Equipment Other Equipment 204,914.00 1,700.00 6,050.00 1,300.00 200.00 2,700.00 580.00 29,200.00 2,000.00 1,500.00 4,500.00 8,600.00 Total Finance - Collector's Office 263,244.00 (1) (2) (3) (4) (5) (6) (7) (8) (9) $25,000 reimbursed by the Department of Welfare and Institutions 10 Chairs 1 Chair 1 Desk Replace ONE Jeep 2 Metal Detectors (Meter Box Locators) Replace one small Ditch Pump 1 Safe One Cash Register Municipal Auditor - 113 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Maintenance of Buildings, Property & Equipment Automobile Allowance Supplies and Materials Office Furniture and Equipment Total Municipal Auditor 55,034.00 600.00 150.00 750.00 300.00 200.00 1,050.00 395.00 58,479.00 (1) 1 Chair (2) 1 Desk Juvenile Probation House - 115 Salaries and Wages (1) Utilities and Communications (2) Contractual Services (2) Travel Expense and Education (2) Insurance (2) Automobile Allowance (2) Supplies and Materials (2) Office Furniture and Equipment (2) Other Equipment 52,119.50 1,500.00 2,080.00 400.00 75~00 1,400.00 8,750.00 710.00 Total Juvenile Probation House 67,034.50 (1) 67% reimbursed by Commonwealth of Va. (2) 100% reimbursed by Commonwealth of Va. (3) One typewriter (electric) (4) One heavy duty steel storage cabinet Circuit Court - 116 Salaries and .Wages Utilities and Communications Contractual Services Maintenance of Buildings, Property & Equipment Supplies and Materials Office Furniture and Equipment Other Equipment Total Circuit Court 108,936.00 1,195.00 20,150.00 250.00 975.00 2,340.00 133,846.00 (1) (2) (3) (4) (5) 1 Highback Chair for Judge's bench in Room 319 Two (2) secretary's chairs 2 Tab file cabinets - 6 drawer, with lock, legal size 2 Transcribing machines to correspond with dictating equipment 4 Dictating machines Juvenile & Domestic Relations Court - 119 Salaries and Wages (1) Utilities and Communications Contractual Services Travel Expense and Education (1) Data Processing Maintenance of Buildings, Property & Equipment Automobile Allowance (1) Supplies and Materials Office Furniture and Equipment 255,879.50 9,000.00 15,000.00 750.00 7,500.00 1,500.00 12,000.00 6,500.00 11,036.00 Total Juvenile & Domestic Relations Court 319,165.50 (1) (2) 50% reimbursed by Commonwealth of Va. IBM Typewriter Correcting Selectric - 15.5" long Dual Pitch Model No. 895, (3) (4) (5) (6) (7) (8) (9) (10) 15 Chairs (11) One Cash Register Model 5 (342-3) Willow Green with four elements Twelve (12) two drawer legal size files 50 permanent seats for waiting area One electric typewriter - 15" carriage Two (2) belt-type recorders One (1) Belt-type transcriber One (1) secretarial desk and chair Seven (7) Executive style chairs National Cash Register Model ' II 432 General District Court - 120 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Maintenance of Buildings, Property & Equipment Supplies and Materials Office Furniture and Equipment 193,365.20 2,700.00 1,200.00 300.00 1,200.00 7,500.00 2,171.00 Total General District Court $ 208,436.20 (1) (2) (3) (4) Carpet in three Judges' offices 1 - used walnut, wood grain two-drawer legal metal file cabinet with lock 1 - IBM Correcting Selectric typewriter Model 895 1 - Model 411 - Remington Adding Machine Commonwealth's Attorney - 122 Salaries and Wages (1) Utilities and Communications (2) Contractual Services Travel Expense and Education (3) Maintenance of Buildings, Property & Equipment (2) Supplies and Materials (2) Office Furniture and Equipment (2) 120,882.00 2,100.00 348.00 1,800.00 300.00 995.00 535.00 Total Commonwealth's Attorney 126,960.00 (1) (2) (3) (4) Salary request at 100% 50% reimbursed by Commonwealth of Va. Full amount paid by City One portable office copy machine - Xerox Model 660 (This can be obtained only on annual rental basis) Sheriff - 123 Salaries and Wages (1) ~tilities and Communications Contractual Services Travel Expense and Education Insurance Maintenance of Buildings, Property & Equipment Automobile Allowance Supplies and Materials Office Furniture and Equipment Total Sheriff 213,678.00 2,000.00 52.00 180.00 250.00 13,200.00 1,312.00 600.00 231,272.00 (1) (2) (3) (4) 2/3 reimbursed by Commonwealth of Va. Salary request at 100% 1 Manual Typewriter 1 Adding Machine 2 used desks and 2 chairs Regional Intake Office - 124 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Automobile Allowance Supplies and Materials 44,572.00 1,150.00 500.00 2,400.00 800.00 Total Regional Intake Office (1) 49,422.00 (1) 100% reimbursed by Federal and State grants Clerk of Circuit Court - 125 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Insurance Maintenance of Buildings, Property & Equipment Supplies and Materials Office Furniture and Equipment 177,990.50 1,600.00 9,020.00 250.00 2,010.00 27,662.00 2,386.00 Total Clerk of Circuit Court (1) One Stenographer Chair (2) One Office Chair (3) Two File Cabinets Jail - 126 Salaries and Wages Utilities and Communications Contractual Services Maintenance of Buildings, Property & Equipment Supplies and Materials Office Furniture and Equipment Other Equipment 255,190.00 3,000.00 12,000.00 525.00 92,700.00 Total Jail Reimbursed by Commonwealth of Va. on basis of cost per prisoner day Board of Equalization of Real Estate Assessments - 175 Contractual Services 5,000.00 Advertising 400.'00 Total Board of Equalization of Real Estate Assessments Board of Zoning Appeals - 184 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Advertising Maintenance of Buildings, Property & Equipment Supplies and Materials 7,400.00 200.00 70.00 200.00 500.00 50.00 325.00 Total Board of Zoning Appeals Electoral Board - 185 Salaries and Wages (1) Utilities and Communications Contractual Services Travel Expense and Education Advertising Insurance Maintenance of Buildings, Property & Equipment Automobile Allowance Supplies and Materials Office Furniture and Equipment 39,948.00 1,400.00 34,100.60 150.00 200.00 1,200.00 1,200.00 180.00 7,000.00 Total Electoral Board (1) State will be billed for partial reimbursement Utilities and Operations - 200 Salaries and Wages Contractual Services Travel Expense and Education Supplies and Materials Office Furniture and Equipment Operational Equipment 31,128.00 1,000.00 900.00 500.00 $ 220,918.50 363,415.00 5,400.00 8,745.00 85,378.60 Total Utilities and Operations 33,528.00 434 Market - 266 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Maintenance of Buildings, Property & Equipment Automobile Allowance Supplies and Materials Office Furniture and Equipment Other Equipment Administrative Expense 19,000.00 50.00 250.00 150.00 1,500.00 7,200.00 Total Market $ 28,150.00 Refuse Collection - 269 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Maintenance of Buildings, Property & Equipment Supplies and Materials Supplies and Materials - Construction Office Furniture and Equipment Vehicular Equipment Operational and Construction Equipment 1,032,961.50 4,420.00 32,000.00 600.00 6,050.00 63,250.00 27,500.00 160,500.00 3,650.00 Total Refuse Collection 1,330,931.50 (1) (2) (3) (4) (5) (6) (7) 1/2 ton pick-up truck, factory air, automatic transmission, V8 motor 1/2 ton pick-up truck, factory air, automatic transmission, V8 motor 1 cab and chassis complete with factory air and with 43,000 lb. GVW rating pulling tandem. Automatic transmission, diesel engine with 20 cu. yd. high compaction refuse body 1 cab and chassis complete with factory air and with 43,000 lb. GVW rating pulling tandem. Automatic transmission, diesel engine with 20 cu. yd. high compaction refuse body 3 - 24 cu. yd. Dumpmasters - as per specs. (6,000 lb. arms complete with cab & chassis which will include automatic transmission, factory air, diesel motor.) 5 - 8 cu. yd. Commercial Containers with sliding side doors. Hot and cold high pressure washer, Model 660 (Puritan or the equiv.) Safety and Security - 300 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Automobile Allowance Supplies and Materials Office Furniture and Equipment 51,384.00 750.00 1,400.00 1,700.00 576.00 2,900.00 525.00 Total Safety and Security 59,235.00 (1) Calculator, print out (2) Filing Cabinet Police - 345 salaries and Wages (1) Utilities and Communications Contractual Services Travel Expense and Education Training of Law Enforcement Personnel (1) Advertising Insurance Maintenance of Buildings, Property &.Equipment Supplies and Materials Office Furniture and Equipment Vehicular Equipment Other Equipment Total Police 2,277,867.00 18,700.00 22,104.16 3,500.00 8,000.00 1,100.00 585.27 3,193.00 135,397.58 12,021.89 45,400.00 1,458.00 2,529,326.90 (1) $90,442.00 funded by L.E.A.A. Grant (2) (1) Dictaphone Recorder (3) (1) Executive Desk (4) (1) Secretarial Desk (5) (1) Lectriever Automated Index File (6) (2) Stenographers Desks (7) (2) Stenographers Chairs (8) (3) Manual Typewriters (9) (4) Legal Size File Cabinets (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (2) Letter size File Cabinets - (locked) (2) Correspondence File Cabinets (with lock) (1) Dictaphone Transcriber (1) Executive Desk (6) Aluminum Coat Racks (2) Table-size 5 x 8 Index File Cabinets (10) "Smokurn" Sand Urns (12) Metal Wastebaskets (1) 1975 Model 4-door sedan (Unmarked) (5) Unmarked 1975 Model 4-door sedans (1) Marked 1975 Model Automobile for Patrol (1) Marked 1975 Model Automobile for Patrol (1) 1975 Model Paddy Wagon (1) 4-wheel drive type vehicle (1) Beseler Dichro Color-head (1) Color Analyzer for use of the above Photographic Equipment (14) Fireball Warning Lights Fire - 347 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Maintenance of Buildings, Property & Equipment Automobile Allowance Supplies and Materials Office Furniture and Equipment Vehicular Equipment Other Equipment $2,315,264.00 22,400.00 1,350.00 4,000.00 12,000.00 4,320.00 50,000.00 140,000.00 28,575.00 Total Fire $2,577,909.00 (1) 1 - Aerial Ladder Truck, 100 feet, Tractor type (2) 1 - Fire Pumper, 1,000 G.P.M. (3) 18 - Fire Extinguishers (4) 16 - Fire Stream Nozzles (5) 4,600 feet Fire Hose, 100% Dacron, Double Jacket (3,000 ft. 2%", 1,600 ft. 1%") (6) 4,600 feet Fire Hose, 100% Dacron, Double Jacket (3,000 ft. 2½", 1,600 ft. 1%") (7) 4,600 feet Fire Hose, 100% Dacron, Double Jacket (3,000 ft. 2%", 1,600 ft. 1%") (8) 4,600 feet Fire Hose, 100% Dacron, Double Jacket (3,000 ft. 2%", 1,600 ft. 1%") (9) 4,600 feet Fire Hose, 100% Dacron, Double Jacket (3,000 ft. 2%", 1,600 ft. 1%") (10) 4,600 feet Fire Hose, 100% Dacron, Double Jacket (3,000 ft. 2%", 1,600 ft. 1%") (11) 4,600 feet Fire Hose, 100% Dacron, Double Jacket (3,000 ft. 2%", 1,600 ft. 1%") (12) 4,600 feet Fire Hose, 100% Dacron, Double Jacket (3,000 ft. 2%", 1,600 ft. 1%") (13) 4,600 feet Fire Hose, 100% Dacron, Double Jacket (3,000 ft. 2%", 1,600 ft. 1%") (14) 4,600 feet Fire Hose, 100% Dacron, Double Jacket (3,000 ft. 2%", 1,600 ft. 1%") (15) 4,600 feet Fire Hose, 100% Dacron, Double Jacket (3,000 ft. 2%", 1,600 ft. 1%") (16) 4,600 feet Fire Hose, 100% Dacron, Double Jacket (3,000 ft. 2%", 1,600 ft. 1%") (17) 4,600 feet Fire Hose, 100% Dacron, Double Jacket (3,000 ft. 2%", 1,600 ft. 1%") (18) 4,600 feet Fire Hose, 100% Dacron, Double Jacket (3,000 ft. 2%", 1,600 ft. 1%") (19) 4,600 feet Fire Hose, 100% Dacron, Double Jacket (3,000 ft. 2%", 1,600 ft. 1%") (20) "Jaws of Life" - Power Rescue Tool ($2,100.00' will be reimbursed from Highway Department) (21) 2 - Grant Multi-Versal Deluge Gun, with extra tips (22) 2 - Partner K12 Gasoline power rescue saws, complete with blades. 1 - saw will be assigned to the Airport Crash Truck. Applied for 82% reimbursement - Federal Government (23) 3 - Aluminized Entry Suits. These suits will be on the Airport Crash Truck for emergency calls, have applied to the Federal Government to be reimbursed 82% of total cost. (24) 10 - Self Contained Breathing Apparatus/with 2 spare tanks per apparatus (25) 3 - Oxygen type Resuscitators and tanks 436 (26) (27) (28) (29) (30) (31) (32) (33) (34) 3 - Refrigerators, electric Explosimeter - 4 2 - Electric Ranges 2 - Extra Large Plastic Chemical Suits 15 - Mattresses 1 - Life Jumping Net Water Vacuum machine 1 - Oxygen Acetylene Cutting Torch Outfit Air-Splints for bone fracture Emer~enc~ Services - 351 Salaries and Wages Supplies and Materials Emergency Medical Services Equipment (1) Vehicular Equipment Other Equipment 22,068.00 14,000.00 3,100.00 14,000.00 Total Emergency Services (1) To be expended only upon receipt of funds. 50% Local crews 50% Federal government (2) 1 - 4 dr. sedan with radio on rescue frequency. off old car and installed in new vehicle. (3) 14 - Civil Defense sirens Radio to be taken Life Saving Crews - 352 Roanoke Life Saving Crew Williamson Road Life Saving Crew Hunton Life Saving Crew 24,370.00 9,395.00 7,683.00 Total Life Saving Crews Civic Enrichment - 400 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Advertising and Promotion of Events Maintenance of Buildings, Property & Equipment Automobile Allowance Supplies and Materials Office Furniture and Equipment 22,168.00 600.00 400.00 1,000.00 200.00 720.00 618.00 930.00 Total Civic Enrichment (1) 1 Secretarial Desk (2) 1 Secretarial Chair (3) 1 Electric Typewriter Armory - 450 Salaries and Wages Utilities and Communications Supplies and Materials Other Equipment 7,500.00 650.00 11,200.00 Total Armory (1) Tables and chairs for Armory to permit set-up services Parks and Recreation - 475 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Advertising Insurance Maintenance of Buildings, Property & Equipment Transportation Museum Improvements Automobile Allowance Supplies and Materials Buildings and Fixed Equipment Vehicular Equipment Other Equipment 311,781.50 26,400.00 3,000.00 700.00 1,000.00 1,700.00 6,000.00 6,800.00 3,168.00 28,000.00 97,850.00 12,325.00 53,168.00 41,448.00 26,636.00 19,350.00 Total Parks and Recreation 498,724.50 (1) Football Equipment - Helmets, shoulder pads, pants. (Some reconditioned and some purchased to replace ones that are no longer safe) (2) Public Address System for Transportation Museum (3) 5 Additional push button speaker units, includes wiring, etc. (4) Seven (7) pool tables (5) Night lighted horseshoe pits (6) Shuffleboard courts (7) Playground Equipment (I have worked out a definite program as to where new equipment would go) (8) One outdoor basketball court at Huff Lane with lighting; four outdoor tennis courts at Huff Lane with lighting (9) Resurface three basketball courts (10) Bleachers, 5 and 10 rows high (Ail metal on rollers; save maintenance costs) (11) 75 Picnic Ovens (12) Seven (7) electric sewing machines; one for each recreation center. (13) 5 air conditioners - 18,000 BTU's Thrasher Park Building Eureka Center - Ceramic Room Grandin Court Center - Ceramic Room Buena Vista Center - Large meeting room Mountain View - Large meeting room (14) 1 portable P. A. system (15) 1 16 MM movie projector and screen (16) Fifty (50) card tables (36" x 36" - laminated plastic). (17) Two hundred (200) metal folding chairs (18) Twenty (20) banquet tables (36" x 72") (19) Seven (7) ping pong tables; one for each center (3/4" rollers) (20) Two (2) paddle boats (21) Four (4) chair holders (22) Four (4) Carrom game and tables (23) Three (3) Kilns and Kits for ceramics (24) Five (5) sofas for Recreation Centers (To be used in adult meeting rooms) Senior Citizens Center, Preston Park Center, Villa Heights Center, Eureka Park Center, and Buena Vista Center (25) Five (5) tables for Recreation Centers: Senior Citizens, Buena Vista Center, Eureka Center, Preston Park Center, Villa Heights Center (26) Five (5) sofa chairs for Centers: Senior Citizens, Preston Park Center, Villa Heights Center, Eureka Center and Buena Vista Center (27) Five (5) sofa chairs for Centers: Senior Citizens, Preston Park Center, Villa Heights Center, Eureka Center and Buena Vista Center (28) One (1) Electric stove - Eureka Center (29) Two (2) electric refrigerators for Mountain View and Villa Heights Recreation Centers Stadium and Athletic Field - 476 Salaries and Wages Utilities and Communications Advertising and Promotion of Events Insurance Supplies and Materials Other Equipment 13,000.00 5,000.00 800.00 4,000.00 22,000.00 Total Stadium and Athletic Field $ 44,800.00 (1) (2) (3) Lighting of Maher Field 4 Portable concession units Replacement and repair of operations equipment in press box, office, and sound system Civic Center - 477 City of Roanoke Supplement 232,100.00 Total Civic Center 232,100.00 438 Libraries - 480 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Maintenance of Buildings, Property & Equipment Automobile Allowance Supplies and Materials Office Furniture and Equipment Other Equipment Total Libraries 348,822.50 15,650.00 4,220.00 700.00 2,300.00 170,000.00 7,420.00 $ 549,112.50 (1) Micromatic reader and copier for reading or making copies from microfilm or microfiche (2) Fatigue mats (4) Replacements - Raleigh Court and Williamson Road Branches (3) Microfiche reader (Main) (4) 2 - 30 tray card catalog cabinets for Jackson Park Branch Library (5) Microfiche Cabinet (6) BOok Trucks (6) (7) Step stools (6) (8) Wall Bulletin Board (Raleigh Court Branch) (9) Paper back displayer (2 - Main, Williamson Road) (10) Bicycle racks 1 - 12 unit and 2 - 6 unit (11) Free standing display Bulletin Board (12) 1 Tape Recorder Juvenile Home - 527 Salaries and Wages (1) Utilities and Communications (2) Contractual Services (1) Travel Expense and Education (2) Insurance Maintenance of Buildings, Property & Equipment (2) Automobile Allowance (2) Supplies and Materials (2) Office Furniture and Equipment Other Equipment Total Juvenile Home 164,296.00 6,425.00 2,825.00 1,125.00 145.00 60.00 32,500.00 1,700.00 209,076.00 (1) 66 2/3 reimbursed by Commonwealth of Va. (2) 100% reimbursed by Commonwealth of Va. (3) One (1) General Electric standard model electric range with legs (heavy duty institutional model) (4) One (1) electric clothes dryer (heavy duty institutional model) Roanoke City Health City of Roanoke 45% - 531 497,566.00 Total Roanoke City Health 497,566.00 Hospitalization Contractual Services (1) Contributions Hospital (2) - 535 Total Hospitalization 134,436.00 5,000.00 139,436.00 (1) (2) In-patient Hospitalization Out-patient Hospitalization Excess of State Matching Allotment Contributions to Hospitals $63,748.00 14,688.00 56,000.00 5,000.00 Public Assistance - 537 Salaries and Wages 80% Utilities and Communications 80% Contractual Services 80% Travel Expense and Education 80% Data Processing 80% Maintenance of Buildings, Property & Equipment 80% Aged Auxiliary Grant 62½% Disabled Auxiliary Grant 62½% Blind Auxiliary Grant 62½% Aid to Dependent Children - Foster Care 50% ADC Purchased Services 80% OAA Purchased Services 80% APTD Purchased Services 80% AB Purchased Services Foster Care 50% General Relief 62½% Old Age Assistance 100% Aid to Dependent Children 100% ADC - WIN Day Care Aid to Permanently & Totally Disabled 100% Aid to Blind 100% Emergency Relief Emergency Assistance to Needy Families with Children 100% Aid to Dependent Children - Foster Care 100% Day Care - NON WIN 90% Child Welfare Services - Day Care 90% WIN - Other Services 90% Cuban Refugee 100% Refunds and Rebates Automobile Allowance 80% Supplies and Materials Office Furniture and Equipment 80% $1,119,544.50 16,250.00 16,350.00 7,500.00 8,000.00 3,150.00 171,848.00 153,164.00 16,424.00 5,000.00 36,000.00 42,000.00 31,500.00 4,200.00 756,000.00 390,000.00 5,355,142.00 115,200.00 25,000.00 8,000.00 270,000.00 528,000.00 3,900.00 5,000.00 22,800.00 27,600.00 6,240.00 Total Public Assistance $9,143,812.50 (1) One (1) executive desk and chair; desk, double pedestal; chair, swivel with arms (2) One (1) executive desk and chair; desk, single pedestal; chair, swivel with arms (3) One (1) executive desk and chair; desk, single pedestal; chair, swivel with arms (4) One (1) executive desk and chair; desk, s~ngle pedestal; chair, swivel with arms (5) One (1) executive desk and chair; desk, s~ngle pedestal; chair, swivel with arms (6) One (1) executive desk and chair; desk, single pedestal; chair, swivel with arms (7) One (1) executive desk and chair; desk, single pedestal; chair, swivel with arms (8) One (1) executive desk and chair; desk, s~ngle pedestal; chair, swivel with arms (9) One (1) executive desk and chair; desk, s~ngle pedestal; chair, swivel with arms (10) One (1) executive desk and chair; desk, s~ngle pedestal; chair, swivel with arms (11) One (1) executive desk and chair; desk, s~ngle pedestal; chair, swivel with arms (12) One (1) 45 x 34 typewriter desk and secretarial chair (13) Three (3) electric adding machines; list 10 and total 11 (14) Two (2) steel filing cabinets - 5 drawer with lock - letter size (15) Two (2) executive type chairs; swivel with arms (16) One (1) transcriber (17) Two (2) 15 hangar racks Food Stamp Authorization - 538 Salaries and Wages Utilities and Communications Data Processing Maintenance of Buildings, Property & Equipment Supplies and Materials Office Furniture and Equipment 67,442.50 750.00 1,400.00 150.00 3,500.00 Total Food Stamp Authorization $ 73,242.50 *80% Reimbursable by the State of Virginia 44O Nursing Home - 539 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Insurance Maintenance of Buildings, Property & Equipment Supplies and Materials Office Furniture and Equipment Other Equipment 270,745.00 10,000.00 17,050.00 300.00 312.00 100.00 61,900.00 140.00 3,730.00 Total Nursing Home $ 364,277.00 (1) Two (2) side arm chairs with padded seat and back (2) One (1) General Electric standard model electric range with legs (heavy duty institutional model) (3) One (1) electric potato peeler (4) One (1) electric automatic washer (heavy duty institutional model) (5) One (1) electric clothes dryer (heavy duty institutional model) (6) Twelve (12) mattresses for hospital beds (7) Twelve (12) mattress covers, extra heavy institutional quality Public Works - 600 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Maintenance of Buildings, Property & Equipment Supplies and Materials Office Furniture and Equipment Vehicular Equipment Operational and Construction Equipment Other Equipment 198,891.50 6,600.00 450.00 1,050.00 1,000.00 5,000.00 2,620.00 10,100.00 Total Public Works 225,711.50 (6) (1) 1 Electronic Printing & Display Calculator (2) 2 Secretarial Desks and chairs (3) 1 Dictaphone Model 110 Mini-Cassette Portable Recorder; 1 Combination Transcriber (4) 3 Legal size filing cabinets w/locks (5) Window van, minimum 12 passenger, side doors, automatic transmission, air conditioned, power steering and brakes ½ ton pickup w/ air conditioning, power steering, automatic transmission and 6 cy engine Utility Line Facilities - 605 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Maintenance of Buildings, Property & Equipment Supplies and Materials Supplies and Materials - Construction Vehicular Equipment Operational and Construction Equipment Other Equipment Land - Rights of Way 694,018.00 6,325.00 2,750.00 750.00 127,500.00 41,700.00 240,000.00 35,700.00 27,635.00 Total Utility Line Facilities 1,176,378.00 (1) 1 - Two Ton Dump Truck (2) One Compact Car (3) One 1½ Ton Long Wheel Base Truck, Crew Cab Chassis only - Complete with sewer rodder mounted, and five hundred (500) feet of cable (4) One (1) 1½ Ton Standard Dump Truck (5) 1 - ½ ton truck with utility body (6) One (1) - New Drilling Machine, with adapters and bits for 6" and 12" borings, with gasoline engine (7) Two (2) Air Compressors, complete with Pavement Breaker, Air Drill, Air Spade, Air Tamper, Reel Complete with 100 feet of Air Hose (8) 1 - Paving Breakers, Heavy Duty (9) 2 - Clay Spades (10) New Tampers with Gasoline Engine (11) New Pipe Saw - Gasoline Engine (12) 1 - 3" Ditch Pump 441 Street Maintenance - 658 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education' Insurance Maintenance of Buildings, Property & Equipment (1) Supplies and Materials Supplies and Materials - Construction Office Furniture and Equipment Vehicular Equipment Operational and Construction Equipment Other Equipment Land - Rights of Way 872,362.00 22,875.00 500.00 950.00 500.00 374,705.00 112,277.00 105,225.00 350.00 79,000.00 71,300.00 198,739.00 5,000.00 Total Street Maintenance $1,843,783.00 (1) $50,000.00 - 5 year program on curb & gutter to be put in by contract 25,000.00 - new curb & gutter by contract to be matched 50% by property owners 175,000.00 - for blacktop by contract 124,705.00 - used by City forces (2) 2 - Four Drawer legal size Filing Cabinets (3) 1 - Mechanized Sign Maintenance Truck; Two-ton, complete with the following equipment: air compressor, electric generator, hydraulic crane, post driver, sign boxes and tools (4) 2 - 1½ Ton Dump Truck with crew cab and utility bed (5) 1 - 2½ Ton Dump Truck (6) 1 - Heavy Duty - 6 yd. Concrete Truck with mixer (7) 1 - Air Operated Post Driver and Accessories (8) 1 - Motor Grader-Cat. 120 Class, with back ripper (9) 1 - Blacktop Curb Paver with Accessories (10) 2 - Trailers, utility, 1% ton, capacity size 12 (11) 1 - 680 Backhoes (12) 1500 ft. galvanized steel guard rail - 12 ga. 12½ ft. lengths; 75 galvanized steel I beam posts, 5 ft. 9 inches; 50 galvanized end bands sections; Necessary bolts and nuts to be included (13) Emergency replacement of traffic signal and fire alarm equipment (14) 80 - Single Head Parking Meters (15) Two (2) Portable Traffic Counters (16) Traffic Signal installation - Orange Avenue & Kimball Avenue, N.E. (17) Traffic signal installation at Jefferson Street & McClanahan Street (18) Downtown East Renewal Project - Traffic Signal installations: Tazewell Avenue & First Street, S. E. (19) 1 - New Traffic Signal Controller - Brandon Avenue & Brambleton Avenue, S.W. (20) Traffic Signal Controller - Orange Avenue & Hollins Road, N. E. (21) 1 - Solid State Replacement Traffic Signal Controller (Elm Avenue & First Street, S.E.) (22) Four (4) Master Fire Alarm Boxes and appurtenances for Lincoln Terrace, Roundhill, Hurt Pa~k and Grandin Court Elementary Schools (23) Replacement of underground fire alarm cable and appurtenant equipment - Main downtown cables and cables to No. 1 Fire Station (24) Four (4) Fire Alarm Boxes and appurtenant devices (25) 25 - Replacement Vehicular two-way Radio Units (26) 3 - Portable two-way radios complete with single unit chargers (27) 2 - Vehicular two-way radios (28) 7 - Portable two-way radios, with one-multiple unit charger (29) 1 - Vehicular two-way radios (30) 1 - Public Works Base Station Radio (2nd channel) to include modifications to existing system (channel one) to make mobile units and control equipment compatibl9 (31) Seven (7) Additional two-way vehicular radio units (32) Eight (8) Vehicular two-way radio units (33) Four (4) Two-way vehicular radio units (34) Two (2) vehicular two-way radios (35) Four (4) Vehicular two-way radios Street Lightin9 - 661 Utilities and Communications Maintenance of Buildings, Property & Equipment Buildings and Fixed Equipment 392,403.00 1,000.00 20,000.00 (1) (2) Total Street Lighting 413,403.00 Replacement of bridge lighting - Walnut Avenue, over N & W Railway consisting of mercury vapor luminaires and aluminum standards Replacement of bridge lighting - Jefferson Street, (N & W Railway) consisting of mercury vapor luminaires and aluminum standards Buildings Maintenance - 664 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Insurance Maintenance of Buildings, Property & EquiPment Supplies and Materials Office Furniture and Equipment Vehicular Equipment Operational and Construction Equipment Other Equipment $ 855,550.00 112,000.00 20,700.00 1,000.00 32,700.00 623,285.00 115,000.00 31,275.00 4,000.00 1,000.00 Total Buildings Maintenance $1,796,510.00 (1) (2) (3) (4) (5) (6) (7) (8) (9) One (1) one-half ton truck with utility body, AC generator, and two-way radio One (1) one-half ton truck with utility body, AC generator, and two-way radio One (1) one-half ton truck with utility body, AC generator, and two-way radio One (1) Wells Cargo - "Tote Wagon" Trailer Two (2) Wells Cargo - "Express Wagon" Trailer One (1) Twelve-Passenger Window Van One (1) one-half ton pick-up One (1) Window Van One (1) Dual Chamber Sandblaster with two working outlets (10) One (1) Dumpmaster Box (11) Two (2) Display Cases for the lobby of the Municipal Building Grounds Maintenance - 666 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Maintenance of Buildings, Property & Equipment Supplies and Materials Supplies and Materials - Construction Vehicular Equipment Operational and Construction Equipment Other Equipment 823,388.00 600.00 3,000.00 800.00 25,000.00 50,600.00 8,625.00 42,100.00 44,850.00 2,100.00 Total Grounds Maintenance 1,001,063.00 (1) Replace worn out fencing at baseball fields, tennis courts where needed (2) Fencing material for Southside Auto storage lot (3) 1 Ton Cab & Chassis, W/ Crew Cab, Air Conditioning, Automatic Transmission, Power Steering, v/8 Engine, and Flat Bed Dump Body (4) 3/4 Ton Pickup Truck, W/Air Conditioning, Power Steering, Automatic Transmission, Crew Cab, and V/8 Engine (5) 3/4 Ton Pickup Truck, W/Air Conditioning, Power Steering, Automatic Transmission, Crew Cab, 'and V/8 Engine (6) 2 Ton Cab and Chassis, W/ Crew Cab, Dump Body, Power Steering, Automatic Transmission and V/8 Engine (7) 2 Ton Cab and Chassis, W/ Crew Cab, Dump Body, Power Steering, Automatic Transmission, and V/8 Engine (8) Farm type Tractor, complete w/ Hydro Clipper Mower (9) Three (3) Heavy duty Trailer Type Leaf Collectors (10) Two (2) Reel type Gang Mowers W/Hydraulic lift and Carrier Wheels (11) 14 Horse Power riding mower, complete w/50" rotary mower (12) One (1) Mobil Vaccum machines, W/Trailer (13) Two (2) Wet - Dri heavy duty vacuum cleaners, w/ proper attachments (14) Two (2) 8 H.P. Power Leaf Blowers (15) 3 Wheel Self Unloading, Dual Control Street Sweeper (16) 30 Peli-can trash recepticles Motorized Vehicle Maintenance - 671 Salaries and Wages Utilities and Communications Travel Expense and Education Insurance Maintenance of Buildings, prOperty & Equipment Supplies and Materials Office Furniture & Equipment Vehicular Equipment Other Equipment 382,209.00 10,000.00 2,000.00 40,460.00 260,000.00 18,200.00 8,600.00 42,225.00 Total Motorized Vehicle Maintenance 763,694.00 (1) Two (2) 3/4 Ton Vans (2) 7 Reel, skid mounted lube unit, complete with necessary pumps, reels, hoses, meters, tool box, etc. (For mounting on Vehicle #523, Field Service Unit) (3) Headlight Tester/Aimer with Candlepower meter (4) Two (2) Engine Analysis Units (Solid State) (5) "Card" Controlled Gasoline Pumping System with 10,000 gallon underground tank (6) Combination Hi Pressure Steam Cleaner/Hi Pressure Washer Unit with accessories (7) Combination Drum/Disc Brake "Servi-Center" with accessories (8) Two (2) Jack/Crane with Boom, Transmission Plate, Hoist Plate and Motor Stand (9) Automatic Transmission Jack (10) One 20 Ton Hydraulic Floor Service Jacks (11) Two (2) 25 Ton "Extension" Truck Jack (12) Two (2) 50 Ton Hydraulic Lift Jack (13) General Purpose Air Impact Wrench Set (3/4 in.) (14) Mobile Battery Charger (Hand Cart Mounted) (15) Hydro-Jet Clean-O-Matic Heavy Duty Parts Washer (16) "VISUALBALANCER" with Guard (17) Manual Bench Arbor Press (4 Ton) (18) Refuse Container, 8 cu. yd., with Sliding Side Doors and Stops (19) "HI-JACKER" Manual Operated Adjustable Platform/Scaffold (Working height up to 15 ft.) (20) Mobile Floor Crane (1 Ton) (21) Heavy Duty Truck Tire Changer with Rim Adapter; Reverse Dish Adapter; Truck Tire Spreader; Truck Tire Bead Expander; other accessories (22) Tire Truing Machine (23) Heavy Duty Truck Wheel "Spinner" and Balancer Snow and Ice Removal - 675 Personal Services Contractual Services Supplies and Materials Operational and Construction Equipment 33,000.00 5,000.00 30,000.00 25,400.00 Total Snow and Ice Removal $ 93,400.00 (1) Two (2) Snow plows, w/ wing, making a total width of approximately 18 feet (2) Two (2) Small type chemical spreaders for installation on pickup type truck (3) Four (4) Fully Hydraulic, W/Ground speed control (Spreading of material will be fully governed by speed of moving vehicle) Chemical Spreaders Technical and Administrative Planning - 700 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Automobile Allowance Supplies and Materials Office Furniture and Equipment 36,414.00 710.00 250.00 700.00 1,250.00 265.00 Total Technical and Administrative Planning 39,589.00 (1) One Desk Materials Control - 711 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Advertising Data Processing Maintenance of Buildings, Property & Equipment Supplies and Materials Office Furniture and Equipment 174,997.50 1,813.20 1,610.00 925.00 750.00 1,000.00 55,000.00 2,045.00 Total Materials Control 238,140.70 (1) 1 Electric Calculator (2) 1 Electric Typewriter, 17" carriage (3) 5 Metal Filing Cabinets, Legal Size 444 Personnel and Training - 714 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Advertising Insurance Maintenance of Buildings, Property & Equipment Supplies and Materials Office Furniture and Equipment 56,408.00 900.00 25,000.00 1,350.00 1,000.00 40.00 250.00 1,600.00 435.00 Total Personnel and Training $ 86,983.00 (1) (2) (3) 1 Calculator (Electric) One (1) locking, four (4) drawer, legal size filing cabinet 1 Secretarial Posture Chair, Steel Case No. C-175 - Mist Green Frame Regis fabric seat and backrest, Color Dark Olive No. 5257 Management Information Services - 725 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Data Processing Maintenance of Buildings, Property & Equipment Automobile Allowance Supplies and Materials Office Furniture and Equipment Other Equipment 147,138.00 2,736.00 2,502.00 4,096.00 149,137.00 1,799.27 120.00 15,617.00 4,830.00 1,465.00 Total Management Information Services 329,440.27 (1) 3 Swivel Chairs w/arms (2) 3 Desks (3) 1 Electric Typewriter, 13" Carriage (4) 1 Electric Typewriter, 15" Carriage (5) Thought Tank dictating machine and necessary accessories (6) 2 Storage Cabinets (7) 1 20-drawers card file (8) 40 Magnetic Tapes (9) New Postage Scale 10# capacity (10) Table Top Collator Engineering and Building Inspection - 748 Salaries and Wages Utilities and Communications Contractual Services Travel Expense and Education Insurance Maintenance of Buildings, Property & Equipment Automobile Allowance Supplies and Materials Office Furniture and Equipment Vehicular Equipment Operational and Construction Equipment 476,588.50 3.,750.00 39,800.00 3,300.00 550.00 1,475.00 3,312.00 10,635.00 5,600.00 1,000.00 Total Engineering and Building Inspection 546,010.50 (1) Automobile, compact, 4 cylinder, automatic transmission, air conditioning (2) Automobile, compact, 4 cylinder, automatic transmission, air conditioning (3) Two (2) desk model calculators Planning Commission - 783 Salaries and Wages Utilities and Communications Contractual Services H.U.D. Grant Travel Expense and Education Advertising Maintenance of Buildings, Property & Equipment Automobile Allowance Supplies and Materials Office Furniture and Equipment Other Equipment 113,272.00 2,000.00 29,817.00 30,000.00 2,450.00 500.00 225.00 120.00 5,600.00 316.00 Total Planning Commission 184,300.00 (1) Camera - Nikomat - 50mm lens Independent Auditing Contractual Services - 812 $ 50,000.00 Total Independent Auditing Retirements - 813 Police and Fire Pensions Fringe Benefits Total Retirements 236,015.00 2,492,500.00 Other Health Agencies - 832 Help, Inc. Mental Health Services Roanoke Valley Roanoke Valley Regional Health Services RADACC 20,058.00 127,000.00 5,532.00 Total Other Health Agencies V.P.I. Extension Service - 878 Contractual Services 27,088.00 Total V.P.I. Extension Service Virginia Western Community College - 879 Contribution 15,755.48 Total Virgihia Western Community College Total Action Against Poverty - 881 Contribution -0- Total Total Action Against Poverty Capital - 889 Transfers to Capital Improvements (1) Total Capital 567,000.00 (1) Sewage Lateral Replacement Mill Mountain Improvements Signalization on Melrose $500,000.00 25,000.00 42,000.00 Non-Departmental - 891 Workman's Compensation Contractual Services Convention Bureau Court Costs Personal Injuries Damages to Property State Tax Property Purchase Tax Sale Refund Taxes Refund Assessments Refund Accounts Miscellaneous Refund Fines Annexation Annexation Decree 1968 Roanoke Chapter - SPCA Prerelease Services for Adult Offenders Roanoke Symphony Regional Corrections Offender Aid and Restoration Medical Examiner Virginia Juvenile Officer Association Lunacy Commissions 35,000.00 20,000.00 19,650.00 500.00 3,000.00 1,200.00 2,000.00 1,000.00 35,000.00 1,000.00 60,000.00 1,000.00 100,000.00 6,000.00 5,000.00 10,400.00 10,150.00 50,000.00 2,728,515.00 152,590.00 27,088.00. 15,755.48 -0- 567,000.00 Total Non-Departmental 310,900.00 Debt Service Expense - 892 Series KK due August 1 Series DD due August 15 Series A-1 due September 1 Series A-2 due September 1 Series KK due September 15 Series DD due October 1 Series EE due October 1 Series FF due October 1 Series B due December 1 Series C due December 1 Series KK due December 1 Series A-3 due March 1 Series II due June 15 Series JJ due June 15 Series A-4 due September 1 School Literary Loan 1949 Annexation Debt 1965 Annexation Debt Interest on School Literary Loan Interest on Serial Bonds Paying Agents Fees Interest Annexation Debt 1949 Interest Annexation Debt 1965 Bond Issue and Cremation Interest on Temporary Loans $ 130,000.00 70,000.00 500,000.00 190,200.00 80,000.00 70,000.00 15,000.00 5,000.00 20,000.00 17,000.00 100,000.00 209,220.00 45,000.00 427,950.00 16,750.00 1,050.00 4,406.00 1,675.00 1,115,940.00 4,000.00 86.00 1,023.86 11,000.00 50,000.00 Total Debt Service Expense $3,085,301.85 Transportation - 896 Contractual Services Salary and Wage Adjustment Terminal Leave - 897 216,000.00 40,000.00 216,000.00 Total Salary and Wage Adjustment 40,000.OO Contingencies Contingency Reserve - 898 211,359.00 Schools Total Contingencies 211,359.00 Administration Instruction Attendance Services Health Services Pupil Transportation Operation of School Plant Maintenance of Plant and Equipment Fixed Charges Food Services Special Instruction Improvement and Betterment Unclassified 528,131.00 12,338,277.00 232,116.00 12,650.00 519,469.00 1,693,761.00 963,971.00 767,293.00 1,561,531.00 244,470.00 177,084.00 Total Schools 19,038,753.00 TOTAL ANTICIPATED REVENUE: TOTAL ANTICIPATED EXPENDITURES: $ 56,823,031.50 $ 56,823,031.50 BE IT FURTHER ORDAINED that all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof. BE IT FURTHER ORDAINED that the appropriations made and contained in the Budget Ordinances for the fiscal year 1974-75 of the Council of the City of Salem, Virginia, and the Board of Supervisors of Roanoke County, Virginia, for the costs of the expenses of the Courts of the Twentieth Judicial Circuit of Virgir be and the same are hereby approved, in accordance with the provisions of paragrapf 6 of Resolution No. 19123, adopted by the Council of the City of Roanoke on BE IT FURTHER ORDAINED that the Director of Finance be, and he is hereby authorized and directed to transfer between accounts such appropriations for salariE and wages for the labor force as may be necessary to cover cost of labor preformed by one department for another. BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 1974-75 Appropriation Ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force on and after July 1, 1974. ATTEST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1974. No. 21627. AN ORDINANCE making appropriations from the Water Fund for the City of Roanoke for the fiscal year beginning July 1, 1974, and ending June 30, 1975; and declaring the existence of an emergency. WHEREAS, it is necessary for the usual daily operation of the Municipal Government that this Ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all money that shall be paid into the City Treasury for the Water Fund in the fiscal year beginning July 1, 1974, and ending June 30, 1975, shall constitute a Water Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Water Fund - Recapitulation by Departments Pumping Stations and Tanks Purification Distribution and Transmission General Expense Terminal Leave Miscellaneous Depreciation Expense Interest on Debt Retirement of Debt Capital Outlay from Revenue Replacement Reserve 7%% pay increase in classified pay plan $ 154,484.50 289,676.00 1,461,566.00 7,500.00 250,000.00 183,212.50 819,000.00 914,000.00 Total Water Fund - Recapitulation by Departments $4,079,439.00 448 Water - Pum~in~ Stations and Tanks - 260 Salaries and Wages Utilities and Communications Vehicle and Equipment Use Expense Maintenance of Buildings, Property & Equipment Supplies and Materials $ 54,934.50 53,500.00 45,000.00 1,050.00 Total Water - Pumping Stations and Tanks $ 154,484.50 (1) Replace roof and guttering, residence at 2017 Lake Street, S.E. (Water Department dwelling) (2) Paint one 2,000,000 gallon tank (Eugene Drive) Water - Purification - 280 Salaries and Wages Utilities and Communications Contractual Services (1) Vehicle and Equipment Use Expense Maintenance of Buildings, Property & Equipment Supplies and Materials 150,101.00 7,325.00 40,100.00 26,000.00 66,150.00 Total Water - Purification 289,676.00 (1) Security Services $22,500.00 (2) Paint ceiling only in office, laboratory related rooms, Carvins Cove Filter Plant; also, paint all exterior wood work (3) Concrete Sealer for top of Carvins Cove Dam Water - Distribution and Transmission - 290 Salaries and Wages Utilities and Communications Contractual Services Maintenance of Buildings, Property & Equipment Supplies and Materials -0- Total Water - Distribution and Transmission -0- Water - General Expense - 320 Salaries and Wages Fringe Benefits Terminal Leave Utilities and Communications Contractual Services Travel Expense and Education Vehicle and Equipment Use Expense Advertising Insurance Data Processing Maintenance of Buildings, Property & Equipment Finance Services (3) Technical & Administrative Planning services (2) Public Works Services (1) Supplies and Materials Administrative Expense Refund Connection Charges Payment in Lieu of Taxes Damages to Property 43,516.00 40,000.00 5,000.00 6,300.00 18,000.00 2,000.00 250.00 15,000.00 20,000.00 4,000.00 166,000.00 41,000.00 545,000.00 2,500.00 45,000.00 5,000.00 500,000.00 3,000.00 Total Water - General Expense $1,461,566.00 (1) Street Maintenance Grounds Maintenance Buildings Maintenance Vehicle Maintenance Utility Line Maintenance $ 4,000.00 25,000.00 181,000.00 7,000.00 328,000.00 (2) Engineering and Inspection Services 41,000.00 (3) Billings Collection 166,000.00 (4) Clean and repair roof - Office - 124 Kirk Avenue, S. W. (5) Paint first floor, office building, 124 Kirk Avenue, S. W. Water - Terminal Leave - 330 Terminal Leave -0- Total Water - Terminal Leave --0-- Water - 450 Miscellaneous Depreciation Expense Interest on Debt Retirement of Debt Capital Outlay from Revenue (1) Total Water 7,500.00 250,000.00 183,212.50 819,000.00 914,000.00 2,173,712.50 Total Water Department 4,079,439.00 (1) (2) (3) (4) (5) (6) (7) (8) (9) Utility Maintenance $342,500.00 1 - 1,000,000 gallon Storage Standpipe - F. C. Sect. Extend a 12" water main from the end of present 12" main located at the intersection of Airport Road and Route No. 1889 into Airport property Install 4 - 12" Valves on aerator piping, Carvins Cove Filter Plant Heating Units for Filter Room, Carvins Cove Plant 1 Water Pump to deliver 80 GPM @ 160' T.D.H. 1 Chemical Feed Pump 2 Portable Walkie Talkie Type Radio Units Leaf Cleaning Device for Tinker Tunnel (10) 3 MSA no. 457153 - 30 min. - 42 Cu. Ft. Air Pack with ultra view air mask, complete in case, with extra 42 cu. ft. air tank (11) 1 Water Level Transmitter and Receiver to be used from Grandin Court Tank to Crystal Spring Pumping Station (12) Estimated cost of plant which will have to be replaced during the year which cannot be individually identified (13) New services, hydrants, water lines, tanks and/or pumping stations (14) Peakwood Reservoir (15) Material and street restoration involved in installing a segment of a southwest water trunk line, including labor (16) One (1) Crane, 18 Ton Capacity Water - Replacement Reserve Replacement Reserve - 500 -0- Total Water - Replacement Reserve -0- TOTAL ANTICIPATED REVENUE: TOTAL ANTICIPATED EXPENDITURES: $ 4,090,700.00 $ 4,079,439.00 BE IT FURTHER ORDAINED that all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof. BE IT FURTHER ORDAINED that the Director of Finance be, and he is hereby authorized and directed to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another. BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 1974-75 Water Fund Appropriation Ordinance. 45O BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force on and after July 1, 1974. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1974. No. 21628. AN ORDINANCE making appropriations from the Sewage Treatment Fund for the City of Roanoke for the fiscal year beginning July 1, 1974, .and ending June 30, 1975; and declaring the existence of an emergency. WHEREAS, it is necessary for the usual daily operation of the Municipal Government that this Ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all money that shall be paid into the City Treasury for the Sewage Treatment Fund in the fiscal year beginning July 1, 1974, and ending June 30, 1975, shall constitute a Sewage Treatment Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Sewage Treatment Fund - Recapitulation by Departments Sewage Treatment Fund Depreciation Expense Interest on Debt Debt Retirement Capital Outlay from Revenue 7%% pay increase in classified pay plan $1,069,235.95 108,000.00 83,900.00 235,000.00 355,150.00 --0-- Total Sewage Treatment Fund - Recapitulation by Departments Sewage Treatment Fund - 90 Salaries and Wages Fringe Benefits Terminal Leave Workman's Compensation Utilities and Communications Contractual Services Travel Expense and Education Insurance Data Processing Maintenance of Buildings, Property & Equipment Public Works Services (1) Automobile Allowance Supplies and Materials Administrative Expense Billing Expense Payment in Lieu of Taxes Refund Accounts Miscellaneous 291,167.50 45,453.51 1,000.00 2,012.94 100,452.00 5,000.00 4,750.00 3,800.00 14,000.00 14,000.00 208,000.00 600.00 275,000.00 30,000.00 6,000.00 52,000.00 16,000.00 Total Sewage Treatment Fund (1) Street Maintenance Grounds Maintenance Buildings Maintenance Vehicle Maintenance $ 1,000.00 12,000.00 193,000.00 2,000.00 $1,851,285.95 1,069,235.95 Sewage Treatment Fund - 90 Depreciation Expense Interest on Debt Debt Retirement Capital Outlay from Revenue $ 108,000.00 83,900.00 235,000.00 355,150.00 Total Total Sewage Treatment Fund Sewage Treatment Fund - Replacement Reserve - 500 Replacement Reserve -0- Total Sewage Treatment Fund - Replacement Reserve (1) (2) (3) (4) (5) (6) Lateral Repair and Replacement Radio Jeep - 4 wheel drive One Walkie-talkie One #L-3711 engine Replacement of items that cannot be identified $ 782,050.00 1,851,285.95 -0- TOTAL ANTICIPATED REVENUE: TOTAL ANTICIPATED EXPENDITURES: $ 1,853,000.00 . $ 1,851,285.95 BE IT FURTHER ORDAINED that all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof. BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 1974-75 Sewage Treatment Fund Appropriation Ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force on and after July 1, 1974. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1974. No. 21629. AN ORDINANCE making appropriations from the Civic Center Fund of the City of Roanoke for the fiscal year beginning July 1, 1974, and ending June 30, 1975; and delcaring the existence of an emergency. WHEREAS, it is necessary for the usual daily operation of the Municipal Government that this Ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all money that shall be paid into the City Treasury for the Civic Center Fund in the fiscal year beginning July 1, 1974, and ending June 30, 1975, shall constitu a Civic Center Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Civic Center Fund - Recapitulation b~ Departments Administrative Expenses Promotional Expenses Capital Outlay from Revenue 7%% pay increase in classified pay plan $ 736,772.00 1,022,500.00 22,462.00 --0-- Total Civic Center Fund - Recapitulation by Departments $1,781,734.00 Civic Center Fund - Administrative Expenses - 440 Salaries and Wages Fringe Benefits Terminal Leave Workman's Compensation Utilities and Communications Contractual Services Travel Expense and Education Advertising Insurance Maintenance of Buildings, Property & Equipment Public Works Services (1) Supplies and Materials Supplies and Materials - Construction Refund Accounts Miscellaneous 198,422.00 23,500.00 1,000.00 200.00 124,500.00 6,200.00 2,550.00 14,000.00 25,000.00 12,000.00 305,200.00 20,000.00 1,200.00 3,000.00 Total Civic Center Fund - Administrative Expenses 736,772.00 (1) Street Maintenance Grounds Maintenance Buildings Maintenance Snow Removal $ 1,000.00 87,000.00 212,500.00 4,700.00 (2) Miscellaneous construction supplies for stage exhibit and special event construction Civic Center Fund - Promotional Expenses - 445 Fringe Benefits Part Time Labor Utilities and Communications Contractual Services Advertising and Promotion of Events Event Insurance Rental of Equipment Supplies and Materials Merchandise for Resale Admissions Tax Settlement Payments to Presentors 40,000.00 500.00 90,000.00 22,500.00 1,000.00 3,000.00 3,000.00 62,500.00 800,000.00 Total Civic Center Fund - Promotional Expenses 1,022,500.00 Civic Center Fund - Capital Outlay from Revenue Capital Outlay from Revenue - 450 22,462.00 Total Civic Center Fund - Capital Outlay from Revenue Total Civic Center Fund 22,462.00 1,781,734.00 :e 453 (1) 2 File Cabinets to match existing equipment (2) 1 Calculator (3) Sound Equipment to replace microphones; mixer unit; monitor speakers; head set unit (4) Provide efficient rolling carts to handle ice floor cover (5) Repair materials and parts for normal upkeep of hockey dasher boards (6) Winches and batten to facilitate handling of scenery and curtains in Coliseum (7) 60 pairs ice skates (8) 2 - 6' Step Ladders; 2 - 8' Step Ladders; 2 - 10' Step Ladders; 1 - 12' Step Ladders TOTAL ANTICIPATED REVENUE: TOTAL ANTICIPATED EXPENDITURES: $ 1,782,100.00 $ 1,781,734.00 BE IT FURTHER ORDAINED that all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof. BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 1974-75 Civic Center Fund Ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force on and after July 1, 1974. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1974. No. 21630. AN ORDINANCE making appropriations from the Municipal Airport Fund of the City of Roanoke for the fiscal year beginning July 1, 1974, and ending June 30, 1975; and declaring the existence of an emergency. WHEREAS, it is necessary for the usual daily operation of the Municipal Government that this Ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all money that shall be paid into the City Treasury for the Municipal Airport Fund in the fiscal year beginning July 1, 1974, and ending June 30, 1975, shall constitute a Municipal Airport Fund and that as much of the same as may be necessar~ be, and the same is hereby appropriated to the following uses and purposes, to-wit: 454 Municipal Airport Fund - Recapitulation b~ Departments Municipal Airport Fund Depreciation Expense Interest on Debt Debt Retirement Capital Outlay from Revenue 7%% pay increase in classified pay plan 631,658.00 128,400.00 42,066.62 63,934.50 35,500.00 --0-- Total Municipal Airport Fund - Recapitulation by Departments $ 901,559.12 Municipal Airport Fund - 340 Salaries and Wages Fringe Benefits Terminal Leave Workman's Compensation Utilities and Communications Contractual Services Travel Expense and Education Vehicle and Equipment Use Expense Insurance Maintenance of Buildings, Property & Equipment Public Works Services (1) Automobile Allowance Supplies and Materials Fire Safety Service Supplies and Materials - Construction Administrative Expense 84,658.00 17,600.00 800.00 600.00 46,000.00 21,000.00 1,500.00 4,500.00 20,000.00 261,000.00 2,500.00 155,000.00 5,000.00 11,500.00 Total Municipal Airport Fund 631,658.00 (1) Street Maintenance Grounds Maintenance Buildings Maintenance Vehicle Maintenance Snow Removal $ 1,000.00 70,000.00 179,000.00 3,000.00 8,000.00 Municipal Airport Fund Depreciation Expense Interest on Debt Debt Retirement Capital Outlay from Revenue Total 128,400.00 42,066.62 63,934.50 35,500.00 269,901.12 Total Municipal Airport Fund 901,559.12 (1) (2) (3) 3 Mobile Radio Units for Airport vehicles; Public Works frequency New furniture for Terminal Building Replacement - no identify, but including $10,000 for a water line for better fire protection TOTAL ANTICIPATED REVENUE: TOTAL ANTICIPATED EXPENDITURES: $ 915,550.00 $ 901,559.12 BE IT FURTHER ORDAINED that all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof. BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 1974-75 Municipal Airport Fund Ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force on and after July 1, 1974. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1974. No. 21631. AN ORDINANCE fixing the annual compensation of certain unclassified officials and employees of the City; and providing for an emergency. WHEREAS, the Council, acting as a committee of the whole, has agreed upon the salaries of the officers and employees of the City placed in the unclassified service pursuant to Title II, Chapter 13, Sec. 7, of the Code of the City of Roanoke, 1956, as amended; and WHEREAS, funds sufficient to pay for the compensation herein fixed are being appropriated by the Council in the City's 1974-75 Budget; 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 annual compensation of the following unclassified officials and employees of the City be, and the same is hereby, fixed at the following sums, effective as of the 1st day of July, 1974: Byron E. Haner, City Manager $31,008.00 James N. Kincanon, City Attorney $26,238.00 Virginia L. Shaw, City Clerk $12,444.00 Walker R. Carter, Jr., Clerk of the Circuit Court of the City of Roanoke $30,006.00 Robert F. Rider, Commonwealth's Attorney - full time (State Compensation Board Salary: $20,000.00 Supplement by City of Roanoke: $10,006.00) ........... Total $30,006.00 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect on and after July 1, 1974. ATTEST: APPROVED Deputy City Clerk Mayor 456 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1974. No. 21632. AN ORDINANCE to adopt and provide a new System of Pay Rates and Ranges for the employees of the City of Roanoke effective July 1, 1974; and providing for an emergency. WHEREAS, the adoption of the Plans hereinafter set out is intended to amend, modify or repeal, to the extent herein provided, the plans, provisions and schedules contained 'in Ordinance No. 20989, adopted by the Council on June 25, 1973, and, thereafter, from time to time amended; 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 there be and is hereby adopted by the Council and made applicabl~ to all of the City's employees on the City's payroll as of the first day of July, 1974, and to such of them and others who are hereinafter provided for in this ordinance, the System of Pay Rates and Ranges hereinafter set out as Schedule 1, and the Pay Plan hereinafter set out as Schedule 2, which shall read and provide as follows: SCHEDULE 1 SYSTEM OF PAY RATES AND RANGES CITY OF ROANOKE, VIRGINIA July 1, 1974 Hourly Equiv. of Step 1 Range No. 2.42 2.54 2.67 2.80 2.95 3.10 3.27 3.44 3.61 3.78 3.99 4.18 4.40 4.62 4.84 5.09 5.34 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Steps in Monthly Amounts Annual Ec 1 2 3 4 5 6 of step (5,028) (5,292) (5,556) (5,832) (6,144) (6,456) 419 441 463 486 512 538 6,456 441 463 486 512 538 566 6,792 463 486 512 538 566 596 7,152 486 512 538 566 596 626 7,512 512 538 566 596 626 658 7,896 538 566 596 626 658 691 8,292 566 596 626 658 691 726 8,712 596 626 658 691 726 762 9,144 626 658 691 726 762 800 9,600 658 691 726 762 800 840 10,080 691 726 762 800 840 882 10,584 726 762 800 840 882 925 11,100 762 800 840 882 925 972 11,664 800 840 882 925 972 1,020 12,240 840 882 925 972 1,020 1,071 12,852 882 925 972 1,020 1,071 1,123 13,476 925 972 1,020 1,071 1,123 1,181 14,172 iv. Hourly Equiv. of Range Steps in Monthly Amounts Step 1 No. 1 2 3 4 5 5.61 24 972 1,020 1,071 1,123 1,181 5.88 25 1,020 1,071 1,123 1,181 1,241 6.18 26 1,071 1,123 1,181 1,241 1,303 6.48 27 1,123 1,181 1,241 1,303 1,368 6.81 28 1,181 1,241 1,303 1,368 1,436 7.16 29 1,241 1,303 1,368 1,436 1,508 7.52 30 1,303 1,368 1,436 1,508 1,583 Annual Equiv. 6 of Step 6! 1,241 14,892 I 1,303 15,636 1,368 16,416 1,436 17,232 1,508 18,096 1,583 18,996 1,662 19,944 7.89 31 1,368 1,436 1,508 1,583 1,662 8.28 32 1,436 1,508 1,583 1,662 1,745 8.70 33 1,508 1,583 1,662 1,745 1,832 9.13 34 1,583 1,662 1,745 1,832 1,924 9.59 35 1,662 1,745 1,832 1,924 2,019 10.07 36 1,745 1,832 1,924 2,019 2,120 10.57 37 1,832 1,924 2,019 2,120 2,227 11.10 38 1,924 2,019 2,120 2,227 2,339 11.64 39 2,019 2,120 2,227 2,339 2,456 12.23 40 2,120 2,227 2,339 2,456 2,579 (12.85) (13.49) (14.17) (14.87) 1,745 20,940 1,832 21,984 1,924 23,088 2,019 24,228 2,120 25,440 2,227 26,724 2,339 28,068 2,456 29,472 2,579 30,948 2,708 32,496 (15.62) NOTE: Hourly equivalent based on 40 hour work week. SCHEDULE 2 PAY PLAN CITY OF ROANOKE, VIRGINIA July 1, 1974 Code 1001 1002 1005 1006 1007 1010 1011 1015 1016 1017 1019 1025 1040 1044 1045 1046 1047 1048 1049 1050 1052 1053 1054 1055 1057 1060 1062 Classification CLERICAL, FISCAL AND ADMINISTRATIVE Clerical and Machine Operation Clerk 1 Clerk 11 Clerk Typist 1 Clerk Typist 11 Clerk Typist 111 School Secretary 1 School Secretary 11 Clerk Stenographer 1 Clerk Stenographer 11 Clerk Stenographer 111 Secretary to City Manager Office Manager Deputy City Clerk Deputy Clerk of Courts Deputy Clerk-Photographer Deputy Clerk-Indexer Deputy Clerk-Wills and Judgments Deputy Clerk-Criminal Court Deputy Clerk-Supervisor and Bookkeeper Chief Deputy Clerk Communications Dispatcher 1 Communications Dispatcher 11 Lead Communications Dispatcher Key Punch Operator Duplicating Equipment Operator Box Office Cashier Head Box Office Cashier Range No. 8 11 8 12 14 10 13 10 13 15 16 19 19 13 14 15 15 16 19 20 9 .12 19 9 10 12 14 458 Code 1100 1101 1102 1103 1111 1112 1113 1114 1115 1120 1132. 1135 1136 1138 1140 1141 1143 1145 1146 1201 1204 1205 1206 1207 1208 1210 1211 1212 1215 1216 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1234 1235 1236 1237 1238 1240 1250 1251- 1252 1253 1254 1255 1258 1260 1261 1264 1265 Classification Fiscal and Stores Director of Finance Accounting Clerk 1 Accounting Clerk 11 Accounting Clerk 111 Auditor Accountant Programmer 1 Programmer 11 Assistant Municipal Auditor EDP Operator 11 Storekeeper Buying Assistant Purchasing Officer Manager Purchasing and Material Controls Assessor Audit Inspector License Inspector. Senior Assistant Director of Finance Assistant Director of Finance Administrative and S~ecialized Assistant City Manager Box Office Manager Financial Officer Manager of Operations and Events Business Manager Administrative Assistant Deputy Assessor Appraiser 1 Appraiser 11 Airport/Market Operations Supervisor Consumer Protection Manager Airport/Market Manager Assistant Airport/Market ~anager Assistant Registrar 1 Assistant Registrar 11 General Registrar Safety Specialist Personnel Clerk Assistant Manager Personnel Manager Personnel City Collector Manager of Civil Defense Zoo Manager Assistant to City Manager for Community Relations Manager Civic Facilities Assistant Commissioner of Revenue Supervisor-Real Estate Records Manager Motorized Vehicle Maintenance Senior Assistant City Attorney Assistant City Attorney 11 Assistant Attorney 1 Senior Assistant Commonwealth Attorney (full time) Assistant Commonwealth Attorney 11 (full time) Assistant Commonwealth Attorney 1 (full time) Director of Utilities and Operations Director Civic Enrichment Director of Technical and Administrative Planning Manager Management Information Services Director of Safety and Security Range No. 37 10 14 18 23 23 19 25 29 18 12 15 24 29 33 20 20 32 31 38 19 23 30 23 18 26 17 22 18 22 29 23 12 14 19 21 15 23 30 27 25 18 25 34 23 17 28 32 31 27 32 31 27 36 36 37 30 36 Code 2001 2005 2006 2007 2009 2015 2016 2017 2020 2022 2023 2024 2026 2030 2032 2035 2036 2038 2040 2045 2050 2101 2105 2110 2115 2116 2205 2206 2210 2216 2220 2225 2240 2250 3000 3001 3002 3003 3005 3006 3010 3012 3015 3030 3040 3041 3045 3047 3050 3052 3101 3105 3110 3111 3115 3118 3120 3122 3125 3126 3130 Classification Range No. ENGINEERING AND ALLIED Engineerin9 Construction Cost Clerk Rodman Instrumentman Party Chief Chief Surveyor Draftsman 1 Draftsman 11 Chief Draftsman Construction Inspector Chief Construction Inspector Planner Scheduler 1 Planner Scheduler 11 Civil Engineer Real Estate Agent Air Pollution Engineer Traffic Engineering Supervisor Traffic Engineer Manager Street Maintenance Manager Engineering and Building Inspection Management Engineer Public Works Director 18 10 15 19 22 13 18 22 16 20 18 23 27 20 20 20 27 27 34 26 35 Plannin9 Planning Intern Planning Technician Planner Assistant Manager Planning Manager Planning 17 19 25 29 34 Ins~ectional Senior Investigator Investigator Zoning Administrator Plumbing Inspector Electrical Inspector Building Inspector Assistant Commissioner of Buildings Commissioner of Buildings 19 17 22 18 18 18 22 29 TRADES AND LABOR General Labor and Trades Sanitation Workers Laborer 1 Laborer 11 Laborer 111 Equipment Operator 1 Equipment Operator 11 Labor Foreman Construction Foreman Trades Helper Animal Caretaker Gardner 1 Gardner 11 Tree Trimmer Tree Foreman Sign Painter Traffic Sign Supervisor Special Scale Attached 7 10 13 12 15 15 18 10 10 11 15 12 15 13 17 Equipment and Buildin9 Maintenance Equipment Maintenanceman Parking Meter Serviceman Airport Serviceman 1 Airport Serviceman 11 Automotive serviceman Auto Body Repairman Automotive Mechanic Automotive Mechanic Foreman Fire Equipment Specialist 1 Fire Equipment Specialist 11 Park Equipment Foreman 13 12 12 14 9 14 14 18 15 20 16 46O Code 3140 3141 3143 3150 3152 3155 3160 3162 3165 3167 3170 3171 3173 3174 3201 3205 3206 3208 3210 3211 3212 3301 3302 3304 3305 3306 3310 3315 3320 3323 3324 4001 4005 4006 4008 4011 4014 4017 4020 4021 4101 4102 4105 4110 4111 4112 4115 5020 5022 5024 5028 5030 5041 5050 Classification Painter 1 Painter 11 Painter Foreman Carpenter Cabinetmaker Welder Plumber Steamfitter Machinist/Millwright Building Maintenanceman Building Maintenance Foreman Assistant Maintenance Superintendent Maintenance Specialist 1 Maintenance Specialist 11 Electricity and Electronics Electrician Signalman Lead Signalman Signal and Alarm Supervisor Communications Technician Lead Communications Technician Communications Supervisor General Supervision Sanitation Supervisor Grounds Supervisor Manager Grounds Maintenance Manager Refuse Collection Airport Field Superintendent Park Superintendent Building Maintenance Manager Garage Superintendent Street Maintenance and Construction Supervisor Sewer Maintenance and Construction Supervisor CUSTODIAL AND FOOD Custodial Watchman Custodian 1 Custodian 11 Fireman Custodian 111 Custodial Foreman Nursing Home Custodian Housekeeping Supervisor Custodial Superintendent Food Preparation and Service Kitchen Helper Cafeteria Helper Cook Cafeteria Manager 1 Cafeteria Manager 11 Cafeteria Manager 111 Concession Supervisor HEALTH AND SOCIAL SERVICES Orderly Nurses' Aide Licensed Practical Nurse Supervising Nurse Manager City Nursing Home Paramedic Administrator City Home Range No. 13 15 16 15 16 15 15 16 16 15 19 22 18 22 16 16 18 23 17 18 23 18 18 24 24 18 21 27 24 20 20 7 7 8 7 10 15 10 12 22 7 7 8 10 11 10 7 7 10 17 22 17 31 Code 5101 5105 5106 5107 5110 5111 5112 5113 5114 5116 5117 5118 5119 5120 5121 5124 5125 5127 5130 6001 6003 6010 6011 6020 6021 6022 6025 6101 6105 6110 7001 7003 7005 7006 7007 7008 7010 7013 7016 7020 7021 7023 7025 7027 7105 7106 7107 7110 7114 7115 7117 7118 7120 Classification Social Services and Welfare Juvenile Home Proctor Juvenile Proctor 11 Manager Juvenile Home Assistant Manager Juvenile Home Probation Counselor 1 Probation Counselor 11 Probation Counselor 111 Superintendent of Probation Director of Court Services Casework Aide Trainee Casework Aide Eligibility Supervisor Eligibility Worker Social Worker Trainee Social Worker Casework Supervisor Senior Casework Supervisor Manager Public Assistance Director of Human Services LIBRARY AND RECREATION Libraries School Library Clerk School Secretary-Library Clerk Library Assistant 1 Library Assistant 11 Librarian 1 Librarian 11 Librarian 111 Manager Libraries Recreation Recreation Leader Recreation Supervisor Recreation Superintendent PUBLIC SAFETY Law Enforcement ** Animal Control Officer Airport Police Police Patrolman Police Corporal Detective Detective Sergeant Police Sergeant Lieutenant Captain Police Chief Deputy Sergeant of Deputies Lieutenant of Deputies Captain of Deputies Fire Protection ** Firefighter Fire Lieutenant Fire Captain Fire Drillmaster Fire Inspector Fire Marshall Battalion Chief Assistant Fire Chief Fire Chief Range No. 14 17 23 20 Special Scale Attached Special Scale Attached Special Scale Attached Special Scale Attached Special Scale Attached Special Scale Attached Special Scale Attached Special Scale Attached Special Scale Attached Special Scale Attached Special Scale Attached Special Scale Attached 23 28 34 10 10 9 12 18 20 22 29 14 18 23 14 15 17 18 17 20 20 23 25 34 15 17 20 23 17 18 20 21 18 21 22 23 30 462 Code Classification Range No. PUBLIC UTILITIES 8001 Water Filter Plant Operator 13 8005 Water Pump Operator 13 8007 Water Pumping Station Supervisor 14 8010 Water Production Superintendent 23 8012 Water Quality Inspector 18 8015 Plant Laboratory Technician 14 8016 Chief Plant Laboratory Technician 18 8017 Chief Water Laboratory Technician 16 8018 Sewage Plant Chemist 23 8020 Sewage Plant Operator 13 8021 Plant Shift Foreman 15 8023 Sewage Plant Meter Mechanic 15 8025 Sewage Plant Mechanic 15 8027 Sewage Plant Maintenance Supervisor 19 8030 Manager Sewage Treatment Plant 27 8101 Water Meter Reader 11 8105 Water Meter Repairman 1 13 8106 Water Meter Repairman 11 16 8110 Water Serviceman 1 10 8111 Water Serviceman 11 14 8114 Water Meter and Pump Supervisor 17 8115 Water Meter and Pump Superintendent 22 8120 Water Distribution Foreman 18 8123 Water Distribution Supervisor 20 8126 Water Distribution Superintendent 23 8129 Manager Utility Lines 25 8130 Assistant Manager Water Department 26 8131 Manager Water Production and Supplies 34 Salary Scale for Social Worker Classes Code Classification Hourly Equiv. 1 Steps in Monthly Amounts 2 3 4 5 Annual Equiv. 6 Step 6 5116 Casework Aide 2.32 Trainee 5117 Casework Aide 2.51 5118 Eligibility 3.87 Supervisor 5119 Eligibility Worker 3.43 5120 Social Worker 3.91 Trainee 5121 Social Worker 4.29 5124 Casework 5.20 Supervisor (4,824) (5,088) 402 424 (2.45) (5,220) (5,484) 435 457 (2.64) (8,052) (8,448) 671 704 (4.06) (7,128) (7,464) 594 622 (3.59) (8,124) (8,520) 677 710 (4.10) (8,916) (9,312) 743 776 (4.48) (12 month classification) (5,748) 479 (2.76) (8,844) 737 (4.25) (7,788) 649 (3.74) (6,012) (6,336) 501 528 556 6,672 (2.89) (3.05) (3.21) (9,312) (9,768) 776 814 853 10,236 (4.48) (4.70)(4.92) (8,184) (8,580) 682 715 748 8,976 (3.93) (4.13) (4.32) (12 month classification) (9,768) (10,236) (10,692) 814 853 891 935 11,220 (4.70) (4.92) (5.14) (5.39) (10,824)(11,424)(12,012)(12,612)(13,200) 902 952 1,001 1,051 1,100 1,155 13,860 (5.49) (5.78) (6.06) (6.35) (6.66) Salary Scale for Sanitation Workers Hourly Equiv. 1 (5,880) 2.83 490 Steps in Monthly Amounts 2 3 (6,180) (6,480) 515 540 (2.97) (3.12) 6 567 (3.27) Annual Equiv. of Step 6 6,804 Probation Classifications Code Classification Hourly Equiv. 5111 5112 1 (8,844) 5110 Probation 4.25 737 Counselor 1 Probation 4.70 Counselor 11 Probation 5.20 Counselor 111 (11,088) 5113 Superintendent of 5.33 924 Probation (13,800) 5114 Director of 6.63 1,150 Court Services Annual Steps in Month~ Amounts Equiv. 3 4 5 6 Step 6 (9,312) 776 (4.48) 814 858 902 902 946 996 (9,736) (10,296)(10,824) 814 858 902 946 11,352 (4.70) (4.95) (5.20) (5.46) (11,952) 946 996 1,045 12,540 (5.75) (6.03) (13,200) 1,045 1,100 1,155 13,860 (6.35) (6.66) (11,616)(12,216)(12,804)(13,464) 968 1,018 1,067 1,122 1,177 14,124 (5.58) (5.87) (6.16) (6.47) (6.79) (14,460)(15,912)(16,704) 1,205 1,265 1,326 1,392 1,458 17,496 (6.95) (7.30) (7.65) (8.03) (8.41) * Work Week - See Schedule 1 ** Special Rule on Work Hours 2. That Ordinance No. 20989, heretofore adopted on June 25, 1973, providing a System of Pay Rates and Ranges for the employees of the City be and said ordinance is hereby amended and modified to the extent provided herein. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon and after July 1, 1974. APPROVED ATTEST: ~_~Z_~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1974. No. 21633. A RESOLUTION relating to permanent vacation, discontinuance and closing of certain streets, avenues and alleys within the boun,iary of or bordering the Downtown East Urban Renewal Project VA R-42 of the City of Roanoke Redevelopment and Housing Authority as hereafter more fully described, appointing viewers in the premises, and referring the proposed closing to the City Planning Commission WHEREAS, the City of Roanoke Redevelopment and Housing Authority, the owner of the lands surrounding or abutting upon the hereinafter described streets and alleys and portions of streets, avenues and alleys, has duly posted notice, as required by law, as shown by the Affidavit of Roanoke City Deputy Sheriff Leslie E. Reynolds, 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 following described 464 portions of streets, avenues and alleys be permanently closed, vacated and discontJ 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 portions nued, of said streets, avenues and alleys be appointed, and do report in writing whether,i 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 portions of streets, avenues and alleys 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, any three of.whom may act, are hereby appointed viewers to view the following described streets and alleys and portions of streets, avenues and alleys, and to report in writing whether, in their opinion, any, and if any, what inconvenience would result from discontinuing the same, said streets, avenues and alleys and portions of said streets, avenues and alleys being described as follows: 1. Ail of a certain 10 foot wide alley from its intersection with the northerly line of Tazewell Avenue, S. E. at a point approximately 90.31 feet easterly from Jefferson Street, thence northerly paralleling Jefferson Street to its intersection with the southerly line of Luck Avenue, S. E. (The petition with respect to this Item 1 has been withdrawn.) 2. 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. 3. 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. 4. Ail of that certain 10 foot wide alley extending from the easterly line of First Street, S. E. at a point approxi- mately 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 approximately 100 feet southerly from the southerly side of Church Avenue, S. E. 5. 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. 6. 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 approxi- mately 143 feet, thence in an easterly direction for a distance of approximately 420 feet to the intersection 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. 7. Ail of a certain 15 foot wide alley from its point of intersection 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. 6 next preceding. Ail of the foregoing descriptions being according to Tax Appraisal Map 401 of Record in the City Engineer's Office of the City of Roanoke. A portion of the alley described in Item 6 above is bounded on the south by property owned by the Trustees of Roanoke College, Whitfield Cobb, Jr. and Elizabeth C. Greer, and the alley described in Item 5 above terminates at the right-of-way line of the Norfolk & Western Railway Company. Otherwise, the property on both sides of the streets and alleys abOve described is owned by the City of Roanoke Redevelopment and Housing Authority. City Council is being requested to close the portion of Luck Avenue, S. ~ described in Item 2 above and the portion of First Street, S. E. described in Item 3 above effective upon completion by the 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 intersect with Church Avenue, S. E., and dedication of same to public use. Council is being requested to vacate and close the other items above described as Items 4, 5, 6 and 7 effective upon passage of the ordinance. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1974. No. 21634. 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 Rentals ................................. $4,140.00 (1) Net increase ........ $4,140.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1974. No. 21635. 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 Maintenance of Buildings, Property and Equipment ................... $632,485.00 (1) Net increase $9,200.00 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 1st day of July, 1974. No. 21637. AN ORDINANCE to amend and reordain Section #22, "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 #22, "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 #22 Local Cash Match ................................ $28.00 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 1st day of July, 1974. No. 21638. 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-A2305, Training of Commonwealth's Attorney Personnel 910 Travel and Education .................... $543.00 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 1st day of July, 1974. No. 21639. 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 an Assistant Commonwealth's Attorney and to purchase a set of seventeen (17) cassettes dealing with Trial Tactics and two (2) cassette players for the office of the Commonwealth's Attorney of the City. WHEREAS, pursuant to prior authority of this Council, there have been filed on behalf of the City with the Division of Justice and Crime Prevention several applications for action grant awards of Federal funds pursuant to the Law Enforcement Assistance Act; and WHEREAS, the Division of Justice and Crime Prevention has awarded funds to the City pursuant to Grant No. 73-A2305 to provide additional training for an Assistant Commonwealth's Attorney and to purchase a set of seventeen (17) cassettes dealing with Trial Tactics and two (2) cassette players for the office of the Commonwealth's Attorney, subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and 468 WHEREAS, the City Manager recommends to the Council that Grant No. 73- A2305 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 Bryon 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- A2305 for Federal funds in the amount of $515.00 through said Division, to be used, along with certain other local funds to provide additional training for an Assistant Commonwealth's Attorney and to purchase a set of seventeen (17) cassettes dealing with Trial Tactics and two (2) cassette players for the office of the Commonwealth's Attorney of the City, estimated to cost approxi- mately $543.00; 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: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1974. No. 21640. AN ORDINANCE authorizing the purchase of supplies of standard ground alum for the City's Water Department for the period beginning July 1, 1974, and ending June 30, 1975, upon certain terms and provisions, by accepting a certain bid made to the City; rejecting certain other bids; and providing for an emergency. WHEREAS, on June 25, 1974, and after due and proper advertisement had been made therefor, four (4) bids for the furnishing to the City quantities of standard ground alum 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 recommendation to the Council through the City Manager under date of July 1, 1974; and WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending award of the contract as hereinafter provided; and the Council has determined that the bid hereinafter accepted is the lowest and best bid made to and meeting the requirements of the City for the supply of said standard ground alum, and that funds sufficient to pay for the purchase price of said alum have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. That the bid of Allied Chemical Corporation, Industrial Chemicals Division, Valley Forge, Pennsylvania, to furnish and supply to the City's Water Department at the unit price of $103.10 per ton, the total estimated amount needed being 250 tons, at a total price not to exceed the sum of $25,775.00, in accordance with the bidder's proposal and the City's specifications made therefor, for the period beginning July 1, 1974, and ending June 30, 1975, delivery to be made as and when ordered by the City Purchasing Agent, be and is hereby ACCEPTED: and 2. That the City Purchasing Agent be, and he is hereby authorized and directed, for and on behalf of the City, to issue requisite purchase orders for the supplies of standard ground alum mentioned in paragraph 1 above, the same to be paid for upon acceptance by the City out of funds heretofore appropriate for the purpose. BE IT FURTHER ORDAINED that the other bids received by the City for the supply of standard ground alum be, and said other bids are hereby REJECTED, the City Clerk to so notify said other bidders and to express to each the City's appreciation for said bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: APPROVED Deputy City Clerk Mayor 470 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1974. No. 21641. A RESOLUTION rejecting all bids received for the purchase of the City's annual supply of liquid chlorine for the Water Department and the Sewage Treatment Plant. WHEREAS, on June 25, 1974, and after due and proper advertisement had been made therefor, eight (8) bids were received and opened in the office of the City's Purchasing Agent for the purchase of the City's annual requirement of liquid chlorine for use by the Water Department, and the Sewage Treatment Plant, which bids were thereafter tabulated and reported to the Council by the City Manager, with recommendation that all said bids should be rejected, no bidder having met the City's requirement of a firm price for the commodity desired, good throughout the current fiscal year. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that all eight (8) bids heretofore received by the City on June 25, 1974, to furnish the City its annual supply of liquid chlorine, be and the same are hereby REJECTED; the City Clerk to so notify all said bidders and express to each the City's appre- ciation of said bids, advising said bidders, generally, of the reason for such action. ATTEST Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1974. No. 21642. A RESOLUTION authorizing and providing for the filing of articles of incorporation, under Chapter 1 of Title 13.1 of the Code of Virginia, as amended for creation of a public service corporation for the purpose of providing mass transportation service for the greater Roanoke Valley. WHEREAS, the Council's Transportation Committee in written report made to the Council with respect to the City's assumption of responsibility for local mass transit activity and pointing to means employed by certain other Virginia municipalities so as to provide for mass transportation in their respectiw areas has recommended that the Council authorize the formation of a public service corporation under Chapter 1, Title 13.1 of the Code of Virginia, as amended, as a stock company but with no profit to accrue to any stockholder by dividend, and so as by acquisition of existing bus transportation facilities, under Chapter 1, Title 13.1 of the Code of Virginia, as amended, to be in active operation as a mass transit entity no later than January 1975; in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Byron E. Haner, A. N. Gibson and James N. Kincanon, city manager, director of finance and city attorney, respectively, be and are hereby authorized an~ empowered to make'immediate application to the State Corporation Commission, by filing of articles of incorporation prepared by the City Attorney, for issuance of a charter under Chapter 1, Title 13.1 of the Code of Virginia, as amended, to Greater Roanoke Transit Company, to be organized as a public service company for the purpose of providing mass transportation services for the greater Roanoke Valley, such articles of incorporation to contain such provisions as are required by law and are deemed appropriate and agreed upon by the abovenamed incorporators, and the City to pay such fees, charges and taxes as certified by the City Attorney to be required upon such incorporation. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1974. No. 21643. 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 Maintenance of Buildings, Property and Equipment ................... $662,485.00 (1) Net increase $30,000.00 472 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 1st day of July, 1974. No. 21644. AN ORDINANCE accepting a certain bid and awarding a certain contract for remodeling a portion of the west stands at Victory Stadium, upon certain terms and conditions; and providing for an emergency. WHEREAS, at the meeting of the Council held on June 10, 1974, and after due and proper advertisement had been made therefor, two (2) bids made to the City for remodeling a portion of the west stands at Victory Stadium were opened and read before the Council, whereupon said bids were referrea to a committee for study and report thereon back to the Council; and WHEREAS, said committee has reported to the Council under date of June 24, 1974, from which it appears that the bid hereinafter accepted represents the lowest and best bid received by the City, meeting the City's specifications for said construction, and should be accepted. WHEREAS, funds have been or are being appropriated by the Council sufficient to pay the cost of the remodeling hereinafter authorized to be done and, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Southwest Construction, Inc., for remodeling a portion of the west stands at Victory Stadium, in full accordance with the City's plans and specifications made therefor and with said bidder's proposal, for a total price of $42,200.00 cash, for all said work, be, and said bid is hereby ACCEPTED; and 2. That the City Manager and the City Clerk be, and they are hereby authorized and directed to enter into a written contract on behalf of the City with the aforesaid successful bidder for the improvements abovementioned and described in Paragraph 1, above, said contract %o have incorporated therein the City's requirements and specifications for the work so authorized to be done, the bidder's proposal made to the City, and the provisions of this ordinance; and upon satisfactory completion of all said work accepted by the City as meeting all said specifications, the Director of Finance shall be, and is hereby authorized. to make payment to said contractor in accordance with the provisions of this ordinance and said contract, charging said payments to appropriations heretofore or hereafter made by the City for said improvements. BE IT FURTHER ORDAINED that the other bid made to the City for performinq said work be REJECTED, the City Clerk to so notify said other bidder and to express the City's appreciation of said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance 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 1st day of July, 1974. No. 21645. AN ORDINANCE amending Sec. 7. Benefits, of Chapter 1, General Provisions Title III. Pensions and Retirement, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new subsection, to be numbered (23), providing for certain supplemental benefits under the Employees' Retirement System to certail persons receiving benefits under said System as of July 1, 1974, and assuring certain minimum benefits to members of said System who, on June 30, 1974, are eligible for retirement; and providing for an emergency. WHEREAS, the Council has recently made provision for cost of living increases in the compensation paid to employees and officers in the employ of the City and considers it fair and proper that similar increases of benefits payable to retired employees of the City, as well as to employees of the City entitled on June 30, 1974, to be retired, be 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 Sec. 7. Benefits, of Chapter 1. General Provisions, Title III. Pensions and Reit~ement, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended by the addition of a new subsection, to be numbered (23), to read and provide as follows: 474 (23) Supplemental benefits after July 1, 1974. The retirement allowance payable on account of a member who retired prior to July 1, 1974, or the pension otherwise payable as of July 1, 1974, as the result of the death of a member or beneficiary prior to that date, including any supplemental benefit payable in accordance with subsections (21) and (22) of this section, shall, effective July 1, 1974, be increased by ten per centum of itself. The retirement allowance payable upon retirement after June 30, 1974, to a member of the system in service with the City as of that date and on that date entitled to have applied for a retirement allowance under this ordinance, shall not be less than the amount he would have received as a retirement allowance, after adjustment in accordance with this subsection, upon retirement on June 30, 1974. 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 8th day of July, 1974. No. 21636. AN ORDINANCE authorizing and providing for an amendment to the City's Lease and Concession Agreement dated December 28, 1971, as assigned by W. L. Hagood, Sr., and W. L. Hagood, Jr., by written instrument dated March 22, 1974, to American Motor Inns, Incorporated, for the operation of the City's public restaurant, retail gift shop and vending machines in the Terminal Building at Roanoke Municipal Airport, in Roanoke County, by extending the term of said assigned agreement, for an additional term of five (5) years. WHEREAS, by Ordinance No. 19945, adopted December 6, 1971, the Council accepted the written proposal of W. L. Hagood, Sr., and W. L. Hagood, Jr., for operating under a Lease and Concession Agreement for a term of five years the City's public restaurant, retail gift shop and vending machines in the Terminal Building at Roanoke Municipal Airport, upon consideration of certain guaranteed monthly fees payable to the City; and WHEREAS, by Ordinance No. 21461, adopted April 8, 1974, the Council consented to the assignment of said Lease and Concession agreement by the original concessionaires to American Motor Inns, Incorporated; and WHEREAS, the Airport Advisory Commission has recommended to the Council by report dated April 8, 1974, that the present Lease and Concession Agreement between the City and American Motor Inns, Incorporated, for operation of the City's public restaurant, retail gift shop and vending machines in the Terminal Building at Roanoke Municipal Airport, be extended for an additional term of five (5) years from December 31, 1976, upon the conditions hereinafter enumerated~ in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Council doth hereby authorize the modification and amendment of the Lease and Concession Agreement heretofore entered into between the City and W. L. Hagoo~ Sr., and W. L. Hagood, Jr., under date of December 28, 1971, and as heretofore assigned to American Motor Inns, Incorporated, by written instrument dated March 24, 1974, for the operation of the City's public restaurant, retail gift shop and vending machines in the Terminal Building at Roanoke Municipal Airport in Roanoke County, Virginia, so as to extend all of the terms, provisions~ condit~ and obligations incumbent upon the parties thereto of said Lease and Concession Agreement, as assigned as aforesaid, for an extended period of five (5) years from December 31, 1976; said extension to be accomplished by written modification agreement to contain, in addition to provision for the extension not to exceed a term of five (5) years, aforesaid, provision obligating said corporation to pay to the City the sum of $27,954.00 representing one-half of the cost of new fixtures, equipment and decorations being installed within and about the facilities the subject of the aforesaid Lease and Concession Agreement, pursuant to paragraph 3, on page 10 thereof, in twenty-four equal monthly installments following the date of beneficial occupancy of and use of said new facilities; and, further, that in consideration of the extension of said Lease and Concession Agreement for an additional term not exceeding five years by the City, provision obligating said corporation to pay to the City the sum of $27,954.00, representin, the balance of the cost of said new fixtures, equipment and decorations, plus interest at 8% per annum from the date of beneficial use and occupancy of said new equipment until the first day of the extended term at which time said sum of $27,954.00 shall be due and payable; and the City Manager and City Clerk are hereby authorized and directed to execute and to seal and attest, respectivel' on behalf of the City, an addendum to said Lease and Concession Agreement dated December 28, 1971, approved as to form by the City Attorney. APPROVED ATTEST: '! Deputy City Clerk Mayor ons IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of July, 1974. No. 21646. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Raymond J. Fox to permanently vacate, discontinue and close a portion of Rolfe Street, S. W. and alleys and segments of alleys which are shown on the Map of Section 1, Mountain View Terrace Addition and are more sPecifically described below. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of Raymond J. Fox, that said petitioner did on June 21, 1974, duly and legally publish, as required by ~15.1-364 of the 1950 Code of Virginia, as amended, a notice of his application to the Council of the City of Roanoke, Virginia, to close the hereinafter described portion of Rolfe Street S. W. and certain alleys and segments of alleys, 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 City Sheriff appended to the application addressed to the Council requesting that the hereinafter described portion of Rolfe Street, S. W. and alleys and segments of alleys 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 portions of the aforesaid street and alleys and WHEREAS, the applicants have requested that five viewers, any three of whom may act, be appointed to view the hereinafter described portion of Rolfe Street, S. W. and alleys herein sought to be permanently vacated, disconti~ and closed and report in writing, as required by §15.1-364 6f the 1950 Code of Virginia, as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. R. R. Quick, C. F. Kefauver, R. Lee Mastin, Fred DeFelice and L. Elwood Norris, any three of whom may act, be, and they hereby are, appoin as viewers to view the following described portion of Rolfe Street, and. alleys and segments of alleys and report in writing, pursuant to the provisions of ~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: ued .ed BEGINNING at the easternmost corner of Lot 38, Sec. 1, Map of Mountain View Terrace Addition; thence S. 21o 16' W. 95 feet to a point, being the southernmost corner of Lot 41, thence N. 63o 44' W. 286.08 feet more or less, to a point, being the westernmost corner of Lot 48; thence S. 21o 16' W. 30 feet to an angle point on the northerly line of Lot 15; said point being, situate N. 63o 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© 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© 16' E. 130 feet, more or less, to the northwest corner of lot 34, thence N. 68o 44' W. 40' 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© 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© 44' E. 100 feet, more or less, to the intersection of said roadway with the eastern line of 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. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of July, 1974. No. 21647. 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. 8 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: CIRCUIT COURT #116 Other.Equipment (1) ........................... $ 842.30 (1) Net increase $ 842.30 PARKS AND RECREATION #475 Supplies and Materials (1) .................... $ 29,000.00 (1) Net increase $ 1,000.00 JUVENILE HOME #527 Other Equipment (1) ........................... $ 3,546.00 (1) Net increase $ 1,846.00 BUILDINGS MAINTENANCE ~664 Supplies and Materials (1) .................... $115,690.00 Operational & Construction Equipment (2) ...... $ 5,170.00 Maintenance of Buildings, Property and Equipment (3) ................................ $630,535.00 (1) Net increase (2) Net increase- (3) Net increase STREET MAINTENANCE #658 $ 690.00 $ 1,170.00 $ 7,250.00 Operational & Construction Equipment (1) ...... $163,958.14 Other Equipment (2) ........................... $202,739.00 (1) Net increase $ 92,658.14 (2) Net increase $ 4,000.00 STREET LIGHTING #661 Buildings and Fixed Equipment (1) ............. $ 33,000.00 (1) Net increase $ 13,000.00 MOTORIZED VEHICLE MAINTENANCE #671 Vehicular Equipment (1) ....................... $572,166.24 (1) Net increase $563,566.24 ENGINEERING AND BUILDING INSPECTION #748 Office Furniture and Equipment (1) ............ $ 510.00 (1) Net increase $ 510.00 TRANSFERS TO CAPITAL IMPROVEMENTS FUND #889 Shrine Hill Tennis Courts (1) ................. $ 10,600.00 (1) Net increase $ 10,600.00 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 8th day of July, 1974. No. 21648. AN ORDINANCE to amend and reordain Section #450, "Capital Outlay from Revenue," 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 #450, "Capital Outlay from Revenue," of the 1974-75 Airport Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE #450 $464,338.46 1 Club Wagon V-8 (1) .......................... $ 4,200.00 New Furniture, Terminal Building (2) .......... $ 15,134.08 Diesel Tract. (3) ............................. $ 4,200.00 Rotary Cutter (4) ............................. $ 1,000.00 Fire Truck (5) ................................ $131,676.00 Repair & Const. Proj. (6) ..................... $ 50,000.00 Security Equipment Grants (7) ................. $ 10,657.24 Air Cargo Building (8) ........................ $118,678.00 Repair South Ramp (9) ......................... $ 29,167.75 Airport Roadway (10) .......................... $ 32,247.89 Repair West Ramp (11) ......................... $ 31,877.50 .(1) Net increase --$ 4,200.00 (2) Net increase ................. $ 15,134.08 (3) Net increase ............... '-$ 4,200.00 (4) Net increase ................. $ 1,000.00 (5) Net increase --$131,676.00 (6) Net increase ...... $ 50,000.00 (7) Net increase ................. $ 10,657.24 (8) Net increase --$118,678.00 (9) Net increase ................. $ 29,167.75 (10) Net increase ..... $ 32,247.89 (11) Net increase ................. $ 31,877.50 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 8th day of July, 1974. No. 21649. AN ORDINANCE to amend and reordain Section 9450, "Capital Outlay from Revenue," 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 #450, "Capital Outlay from Revenue," of the 1974-75 Civic Center Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL OUTLAY FROM REVENUE #450 1 Mobile Sweeper (1) ...................... $26,462.00 (1) Net increase $4,000.00 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 8th day of July, 1974. No. 21650. 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: PUMPING STATIONS & TANKS #260 Maintenance of Buildings, Property and Equipment (1) ............................ $49,981.81 (1) Net increase $4,981.81 421 CAPITAL OUTLAY FROM REVENUE #450 $396,994.47 New Chlorine System, Carvins Cove (1) ......... $ Com. Tractor with Accessories (2) ............. $ 100 GPM High Pressure Pump (3) ................ $ Shoring Jacks (4) ............................. $ Portable Air Grinder (5) ...................... $ ½ Ton Pickup with Utility Body (6) ............ $ Lawn Mower (7) ................................ $ 2-Ton Dump Truck (8) .......................... $ ½ Ton Pickup with Power Unit (9) .............. $ Port Air Compressor (10) ...................... $ 2 Heavy Duty Pavement Breakers (11) ........... $ 4 Door Sedan (12) ............................. $ 5,000.00 3,950.00 1,119.47 3,000.00 200.00 4,300.00 75.00 7,000.00 5,500.00 5,500.00 1,700.00 4,500.00 (1) Net increase $5,000.00 (2) Net increase ................. $3,950.00 (3) Net increase ................. $1,119.47 (4) Net ~ncrease $3,000.00 (5) Net increase ................. $ 200.00 (6) Net ~ncrease ................. $4,300.00 (7) Net increase ................. $ 75.00 (8) Net ~ncrease ................. $7,000.00 (9) Net increase ................. $5,500.00 (10) Net ~ncrease ................. $5,500.00 (11) Net ~ncrease ................. $1,700.00 (12) Net ~ncrease ................. $4,500.00 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 8th day of July, 1974. No. 21651. AN ORDINANCE to amend and reordain certain sections of the Airport 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 Airport Fund 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: ADMINISTRATIVE & OPERATING #340 Utilities & Communications (1) .............. $ 46,180.66 Contractual Services (2) .................... $ 23,385.00 Maint. of Buildings, Property & Equip. (3) ..$ 30,155.84 Supplies and Materials (4) .................. $ 3,764.79 Supplies and Materials Construction (5) ..... $ 5,840.00 482 (1) Net increase (2) Net increase (3) Net increase (4) Net increase (5) Net increase CAPITAL OUTLAY FROM REVENUE #450 $ 180.66 $ 2,385.00 $10,155.84 $ 1,264.79 $ 840.00 $156,961.83 New Furniture - Terminal Building (1) ........... $ 15,366.88 Fire Truck (2) .................................. $ 45,666.00 Repair South Ramp (3) ........................... $ 29,107.75 Airport Roadway (4) (1) Net increase (2) Net increase (3) Net increase (4) Net increase CIP BONDS #550 ............................. $ 31,321.20 $15,366.88 $45,666.00 $29,107.75 $31,321.20 Terminal Building Addition (1) .................. $724,571.82 (1) Net increase ..... $166,116.59 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 8th day of July, 1974. No. 21652. AN ORDINANCE to amend and reordain certain sections of the Civic Center 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 Civic Center Fund 1974-75 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: ADMINISTRATIVE EXPENSES #440 Utilities & Communications (1) ................. $124,525.35 Maintenance of Buildings, Property and Equipment (2) ................................. $ 16,607.32 Supplies and Materials (3) ................ ...... $ 23,404.64 (1) Net increase (2) Net increase (3) Net increase ....... $ 25.35 $4,607.32 $3,404.64 PROMOTIONAL EXPENSES #445 Contractual Services (1) ....................... $ 90,539.17 Advertising & Promotion of Events (2) .......... $ 22,550.82 Supplies & Materials (3) ....................... $ 3,100.00 (1) Net increase $ 539.17 (2) Net increase ................. $ 50.82 (3) Net increase ..... $ 100.00 CAPITAL OUTLAY FROM REVENUE #450 Lock Cores (1) .................................... $ Dimmers (2) ....................................... $ (1) Net increase ................. $2,229.00 (2) Net increase ................. $ 71.78 BE IT FURTHER ORDAINED that, an emergency existing this Ordinance shall be in effect from its passage. APPROVED ATTEST: /'-F -:Y, $ 24,762.78 2,229.00 71.78 Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of July, 1974. No. 21653. 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: ADMINISTRATIVE & OPERATING EXPENSES #90 Contractual Services (1) .......................... $ Maintenance of Buildings, Property & Equip. (2) ...$ Supplies & Materials (3) .......................... $ 5,244.15 14,249.49 302,294.11 (1) Net increase (2) Net increase (3) Net increase $ 244.15 $ 249.49 $ 27,294.11 CIP BONDS ~550 $22,742,429.77 Williamson Road Interceptor (1) ................... $ 887.01 Trout Run Interceptor (2) ......................... $ 29,575.30 Campbell Ave. Interceptor (3) ..................... $ 5,664.70 Compton Road Interceptor (4) ...................... $ 7,815.49 Plant Expansion (5) ............................... $20,613,965.50 (1) Net increase $ 877.01 (2) Net increase $ 29,575.30 (3) Net increase ................. $ 5,664.70 (4) Net increase ......... $ 7,815.49 (5) Net increase $20,613,965.50 484 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 8th day of July, 1974. No. 21654. AN ORDINANCE to amend and reordain certain sections of the Water 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 Water Fund 1974-75 Appropriation Ordinance, be, and the s~ are hereby, amended and reordained to read as follows, in part: WATER PUMPING STATIONS & TANKS #260 Maintenance of Buildings, Property & Equip. (1) ...... $ Supplies & Materials (2) ............................. $ 47,512.81 (1) Net increase (2) Net increase $ 2,512.81 $ 18.60 WATER PURIFICATION #280 Utilities & Communications (1) ....................... $ Maintenance of Buildings, Property & Equip. (2) ...... $ Supplies & Materials (3) ............................. $ 7,334.85 33,426.57 70,409.70 (1) Net increase. (2) Net increase. (3) Net increase $ 9.85 $ 7,426.57 $ 4,259.70 GENERAL EXPENSE 9320 Utilities & Communications (1) ....................... $ Supplies & Materials (2) ............................. $ 6,541.10 2,961.02 (1) Net increase (2) Net increase $ 241.10 $ 461.02 CAPITAL OUTLAY FROM REVENUE #450 $1,012,318.11 New Chlorine System - Carvins Cove (1) ............... $ 100 GPM High Pressure Pump (2) ....................... $ Shoring Jacks (3) .................................... $ New Service Hydrant & Water Lines (4) ................ $ Distribution Mains - Cast Iron (5) ................... $ Other Equipment (6) .................................. $ 82,410.00 522.31 2,494.44 442.75 11,922.61 526.00 (1) Net increase (2) Net increase (3) Net increase (4) Net increase (5) Net increase (6) Net increase $82,410.00 $ 522.31 $ 2,494.44 $ 442.75 $11,922.61 $ 526.00 CIP BONDS #550 Catawba Creek Diversion (1) (1) Net increase $ ...... $383.00 871,742.15 383.00 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 8th day of July, 1974. No. 21655. 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 #889 Replacement of Bridges on Shenandoah Avenue and the Roanoke-Salem Turnpike over Peters Creek, N. W. (1) .................. $90,000.00 Route 118 Airport Road at Hershberger and Williamson Roads, N. W. (2) ............... 90,000.00 (1) Net decrease ...................... $90,000.00 (2) Net increase ...................... $90,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor 486 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of July, 1974. No. 21656. AN ORDINANCE to amend and reordain Section #450, "Water Capital Outlay from Revenue," 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 #450, "Water - Capital Outlay from ReveDue," of the 1974-75 Water Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER - CAPITAL OUTLAY FROM REVENUE #450 Carvins Cove Filter Plant Addition (1) ........................... $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 8th day of July, 1974. No. 21657. AN ORDINANCE to amend and reordain Section #915, "Grants, Urban Incenti~ Assistance Grant for the Office of Civic Enrichment," 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 #915, "Grants, Urban Incentive Assistance Grant for the Office of Civic Enrichment," of the 1974-75 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: GRANTS, URBAN INCENTIVE ASSISTANCE GRANT FOR THE OFFICE OF CIVIC ENRICHMENT #915 Grants, Urban Incentive Assistance Grant for the Office of Civic Enrichment, #915 ......... $12,000.00 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 8th day of July, 1974. No. 21658. AN ORDINANCE authorizing the City's execution of a certain contract for furnishing to the Federal Aviation Administration of Department of Transportat~ United States of America, certain services in spaces in Building No. 1 and in the Airport Traffic Control Tower and certain other places at Roanoke Municipal Airport, now leased to said agency; and providing for an emergency. WHEREAS, the United States of America and its agency, Federal Aviation Administration, desires that the City enter into agreement to provide, heat, janitor service, water and sanitary facilities and air conditioning for certain spaces in certain buildings and locations at the Roanoke Municipal Airport now leased by the City to the Government, for which the Government would pay the City the monthly sums hereinafter provided and retroactive to the dates hereinafter set out and for the terms hereinafter provided; and the Government has tendered to the City a proposed award/contract for such service, drawn on U. S. Standard Form 26, July 1966, General Services Administration, copies of which proposed award/contract are on file in the Office of the City Clerk; and WHEREAS, the City Manager has recommended that said service contract be authorized to be executed on behalf 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 City Manager be, and he is hereby authorized and directed to execute, for and on behalf of the City, that certain written award/contract drawn on U. S. Standard Form 26, July 1966, General Services Administration, as Contract DOT-FA75EA-7792, pursuant to which the City would agree to furnish Federal Aviation Administration necessary heat, janitor service, water and sanitary facilities and air conditioning for approximately 3,388 square feet of space comprising the FAA offices and areas located in Building No. 1 at Roanoke Municipal Airport now under lease by the City to said agency, said service on, contract to be for the period commencing as of July 1, 1974, and ending June 30, 1975, but renewable from year to year thereafter, at the Government's option; provided no such renewal should extend beyond June 30, 1979; said Government to pay to the City therefor the sum of $1,191.85 per month commencing as of July 1, 1974, provided adequate annual appropriations are made by the Government for payment of said rate; the Government's option to renew said contract from year to year to be deemed exercised by the Goverment unless the Government gives the City thirty (30) days notice that it will not exercise such option, and either party to have the right to cancel the contract upon thirty (30) days' written notice; said contract to be upon such other terms and provisions as are set out and contained on the award/contract form on file in the Office of the City Clerk, as aforesaid, and as are 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: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of July, 1974. No. 21659. AN ORDINANCE exercising an option to purchase certain lots situate in the City of Roanoke in Section K, according to the Map of Williamson Groves, on the east side of Interstate Spur Route 581, and providing for notification of such exercise to the owner thereof; and directing the acquisition of such property, upon certain terms and conditions; and providing for an emergency. WHEREAS, the Council of the City of Roanoke is advised that there has been delivered to the City and recorded in the local Clerk's Office a certain written purchase option agreement, dated June 13, 1974, tendered to the City by Hilbert J. Bernstein and Edith S. Bernstein, his wife, granting to the City the right and option, for thirty days from said date, to purchase and acquire from said optionor certain land situate in the City of Roanoke, more particularly hereinafter described; and WHEREAS, the lots abovedescribed are wanted and needed by the City for public purposes in connection with the City's new service center facilitJ~es to be constructed on an adjacent site, and the Council is of opinion that the aforesaid purchase option agreement should be exercised, that said property should be acquired upon the terms and conditions hereinafter set forth; and WHEREAS, funds sufficient for the hereinafter authorized acquisition have been appropriated for the purpose, and for the usual daily operation of the municipal government and to provide for the orderly development and use of the City's service center and related facilities, 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 as follows: (a) That the written offer of Hilbert J. Bernstein and Edith S. Bernste~ his wife, dated June 13, 1974, and recorded in the local Clerk of Court's Office, to grant and convey to the City of Roanoke those certain lots or residue portions of lots situate in said City, generally known and described as all or the residue portions of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 14 and 15 in Section K, Map of Williamson Groves, located on the easterly side of Interstate Spur Route 581, bearing Official Tax Nos. 3070301, -02, -03, -04, -05, -06, -07, - 08, -09, -10, -13, -14 and 3070315, for the sum of $16,000.00, cash, be, and said offer is hereby ACCEPTED, and the City Clerk be and is hereby directed to notify, forthwith, Mr. Hilbert J. Bernstein of the City's aforesaid election, by mailing to him, by certified mail, an attested copy of this ordinance; and (b) That the City Attorney proceed to prepare the necessary instrument of conveyance, and that upon his certification of the title to said land and upon delivery to the City of a good and sufficient deed of conveyance granting and conveying to the City the land described in the aforesaid purchase option agreement, such deed to contain general warranty of title and the conveyance to be made free of all encumbrances, the Director of Finance be, and is herei~y authorized and directed to issue the City's check in payment of the purchase price of $16,000.00, aforesaid, made payable to such person or persons as are certified by the City Attorney to be entitled thereto, current real estate taxes to be prorated between the parties as of the date of delivery of such deed. 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 49O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of July, 1974. No. 21660. AN ORDINANCE exercising an option to purchase certain land situate on the south side of Campbell Avenue, S. W., and for proper notification of such exercise to the owner thereof; directing the acquisition of such property, upon certain terms and conditions; and providing for an emergency. WHEREAS, by its Resolution No. 21166, the Council of the City of Roanoke directed the City Manager to enter into negotiations for a certain written purchase option agreement, with J. A. Meador, Inc., granting to the City the right and option, to purchase and acquire from said optionor certain land situate in the City of Roanoke, generally known and described as all of Lots 13, 14, 15, 16, 17, 18, 19, 20 and 21, according to the W. W. Coe Map, located on the south side of Campbell Avenue, S. Wo; and WHEREAS, J. A. Meador, Inc., has granted to the City of Roanoke by written option agreement the right to purchase the abovementioned property; and WHEREAS, the lands abovedescribed are wanted and needed by the City for public purposes in connection with the City's new jail facility to be constructed, and the Council is of opinion that the aforesaid purchase op~:ion agreement should be exercised, and that said property should be acquired upon the terms and conditions hereinafter set forth; and WHEREAS, funds sufficient for the hereinafter authorized acquisition have been appropriated for the purpose, and for the usual daily operation of the municipal government, and to provide for the orderly development and use of the City's entire Municipal Complex, 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 as follows: (a) That the written offer of J. A. Meador, Inc., to grant and convey to the City of Roanoke that certain land situate in said City, generally known and described as all of Lots 13, 14, 15, 16, 17, 18, 19, 20 and 21, according to the W. W. Coe Map, located on the north side of Church Avenue, S. W., bearing Official Tax Nos. 1011311, 1011312 and 1011313, for the sum of $400,000.00, cash, be, and said offer is hereby ACCEPTED; and the City Clerk be and is hereby directed to notify, forthwith, said owner, of the City's aforesaid election, by mailing to it, by certified mail, an attested copy of this ordinance; and (b) That the City Attorney proceed to prepare the necessary instrument of conveyance, and that, upon delivery to the City of a good and sufficient deed of conveyance granting and conveying to the City the land more particularly described in the aforesaid purchase option agreement, such deed to contain general warranty of title, and such conveyance to be made free of all encumbrances the Director of Finance be, and is hereby authorized and directed to issue the City's check in payment of the purchase price of $400,000.00, aforesaid, made payable to such person or persons as are certified by the City Attorney to be entitled thereto. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. ATTEST: Ueputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of July, 1974. No. 21661. AN ORDINANCE accepting the proposal of Lynchburg Foundry Company for furnishing and supplying certain ductile iron water pipe to be used by the City's Water Department for the period beginning July 2, 1974, and ending June 30, 1975, authorizing the proper City officials to execute the requisite contract or purchase orders; rejecting all other bids; and providing for an emergency. WHEREAS, on June 25, 1973, and after due and proper advertisement had been made therefor, three (3) bids for furnishing and supplying to the City certain ductile iron water pipe necessary for the normal daily operation of the City's Water Department, for the period beginni~g July 2, 1974, and ending June 30, 1975, 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 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 a certain proposal as hereinafter provided; and the Council considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for furnishing the said material, and that funds sufficient to pay the cost of said material have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. 492 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of Lynchburg Foundry Company, for furnishing and supplying to the City certain quantities of various sizes of ductile iron pipe, in full accordance with the City's plans and specifications, and during the period of time mentioned in said specifications, for the unit prices set out in said bidder's proposal, the same to be subject to reestablishment at the end of each three month period for orders issued during the subsequent three month period, the total amount of such pipe not to exceed more than the estimated total sum of $99,207.00, without prior approval of the Council expressed by ordinance or resolution, said pipe to be delivered f.o.b, rail siding, 3447 Hollins Road, N. E., Roanoke, Virginia, which proposal is on file in the office of the City Clerk, be and said proposal is hereby ACCEPTED; and 2. That the City Manager be and he is hereby authorized and directed, for and on behalf of the City, to execute a requisite contract with the aforesaid bidder, incorporating therein the aforesaid specifications, said bidder's proposal and the provisions of this ordinance, the form of which said contract shall be approved by the City Attorney; or in lieu of such contract , that the City Purchasing Agent, with the approval of the City Manager, issue, from time to time, purchase orders to the aforesaid supplier for supply to the City of needed quantities of such pipe, such purchase orders, likewise, to have incorporated therein the abovementioned specifications and to be, otherwise, consistent with the provisions of this ordinance. 3. That the proposals of the two other bidders for the supply of said material be and the same are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of each said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of July, 1974. No. 21662. AN ORDINANCE providing for the purchase of supplies of various types of water meters for use by the City's Water Department during the period of time beginning July 2, 1974, and ending June 30, 1975, upon certain terms and provisions, by accepting certain bids made to the City; rejecting certain other bids; and providing for an emergency. WHEREAS, on June 25, 1974, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the water meters hereinafter mentioned were opened in the office of the City's 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 recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report has transmitted the same to the Council, recommending award of the contracts as hereinafter provided; and the Council, considering all of the same, has determined that the bids hereinafter accepted represent the lowest and best bids meeting all of the City's specifications made therefor, made to the City for the supply of said water meters, and that funds sufficient to pay for the purchase price of said water meters have been or are being appropriated; and WHEREAS, it is necessary for the usual daily.operation of the City Water Department, a department of the municipal government, that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following offers made by the following bidders upon the unit prices stated below, viz: (1) From Rockwell Manufacturing Co., Pittsburgh, Pennsylvania, the following: Approximate Unit -Quantity 'Type of Meter Price 1,000 Estimated Total 5/8" Water Meters, w/ trade-in $ 27.12 $31,980.00 500 5/8" Water Meters 35.52 16,260.00 50 1" Water Meters 69.85 3,492.50 6 3" Comp. Water Meters 697.70 4,186.20 6 4" Comp. Water Meters 1,131.82 6,790.92 6 6" Comp. Water Meters 2,157.58 12,945.48 1 8" Comp. Water Meter 2,975.00 2,975.00 9-99- (2) From Badger Meter Manufacturing Com~an~, Milwaukee, Wisconsin, the following: (3) 10 3/4" Water Meters 49.00 20 1 1/2" Water Meters 135.00 20 2" Water Meters 210.00 490.00 2,700.00 4,200.00 From Hershe~ Products Com~an~, Dedham, Massachusetts, the following: 10 6" Detector Type meters 665.00 10 8" Detector Type meters 1,026.00 2 10" Detector Type meters 1,837.00 Estimated Total ~urchases from above bidders: 6,650.00 10,260.00 3,674.00 $106,604.10; to furnish and supply to the City for use by its Water Department, in full accordance with the City's specifications made therefor and with said bidders' proposals, be, and said bids are hereby ACCEPTED, all new meters to be delivered, f.o.b., City of Roanoke Water Department, 3447 Hollins Road, N. E., Roanoke, Virginia, the successful bidders to pay all shipping charges on traded-in meters, for the period of time beginning July 2, 1974, and ending June 30, 1975, except that the detector-type meters may be ordered only within the period of six (6) months following adoption of this ordinance, as and when ordered by the City P'~rchasing Agent during the 'aforesaid period, the amounts authorized to be expended hereunder for any number of meters during the said period of time in no event to be beyond the amount of funds appropriated by the Council for the purpose. BE IT FURTHER ORDAINED that, the City Purchasing Agent be, and he is hereby authorized and directed, for and on behalf of the City, to issue requisite purchase orders for the supplies of the various water meters mentioned above, the same to be paid upon acceptance by the City out of funds appropriated by the Council for the purpose. BE IT FURTHER ORDAINED that the other bids received by the City for the supply of water meters be, and said other bids are hereby REJECTED, the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of July, 1974. No. 21663. 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 COLLECTOR #109 Vehicular Equipment (1) ....................... $ 1,200.00 REFUSE COLLECTION #269 Vehicular Equipment (2) ....................... $ -0- POLICE #345 Vehicular Equipment (3) ....................... $ 32,400.00 EMERGENCY SERVICES #351 Vehicular Equipment (4) ....................... $ -0- PUBLIC WORKS #600 Vehicular Equipment (5) ....................... $ -0- UTILITY LINES MAINTENANCE #605 Vehicular Equipment (6) STREET MAINTENANCE #658 Vehicular Equipment (7) Operational & Construction Equipment (8) ...... $67,800.00 BUILDING MAINTENANCE #664 Vehicular Equipment (9) ....................... $ -0- GROUNDS MAINTENANCE #666 Vehicular Equipment (10) ...................... $ -0- Operational & Construction Equipment (11) ..... $ 21,300.00 SNOW REMOVAL #675 Operational & Construction Equipment (12) ..... $ ENGINEERING #748 9,800.00 GARAGE #671 Vehicular Equipment (14) ...................... $434,925.00 (1) Net decrease ................. $ 3,300.00 (2) Net decrease ................. $160,500.00 (3) Net decrease ................. $ 13,000.00 (4) Net decrease ........... $ 3,100.00 (5) Net decrease ................. $ 10,100.00 (6) Net decrease $ 35,700.00 (7) Net decrease ........ $ 79,000.00 (8) Net decrease ................. $ 3,500.00 (9) Net decrease ...... $ 31,275.00 (10) Net decrease ................. $ 42,100.00 (11) Net decrease ................. $ 23,550.00 (12) Net decrease ................. $ 15,600.00 (13) Net decrease --$ 5,600.00 (14) Net increase --$426,325.00 Vehicular Equipment (13) ...................... $ -0- 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 8th day of July, 1974. No. 21664. 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 vehicular equipment, rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, on June 11, 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 Civil Defense Conference Room before three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the Committee's report has transmit- ted the same to the Council, recommending award of the contracts as hereinafter provided; and the Council, considering all of the same, has determined that the bids hereinafter accepted are the best bids meeting 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: --- That the bid of Ray Dobbins Lincoln Mercury, Inc., for compact cars be REJECTED; --- That the bid of Tidy Corporation to furnish and deliver to the City as follows: Item No. Quantity and Description 2 Street Sweepers w/ Air con- ditioned pressurized cabs, less trade-in allowance of $1,250.00 deliver to the City as follows: Item No. 1 Purchase Price $ 49,333.00 That the bid of Montcastle Ford Tractor Sales to furnish and Quantity and Description Purchase Price 3 - 1973 Flail Mowers $ 2,445.00 That the bid of Baker Brothers Equipment Company to furnish and deliver to the City as follows: Item No. Quantity and Description 2 2 - Lawn and Garden Tractors Purchase Price $ 3,390.00 That the bid of Montcastle Ford Tractor Sales to furnish and deliver to the City as follows: Quantity and Description Item No. 1 Industrial tractor, 67 hp. 2 Industrial tractors, 52 hp. 2 Side mount cycle bar mowers 3 4 5 Purchase Price $ 7,140.00 13,156.00 2,820.00 That the bid of Municipal Sales Company, Inc., to furnish and deliver to the City the following: Item No. City as follows: Item No. as follows: Item No. 1 2 3 4 5 6 Quantity and Description Purchase Price 1 portable air compressor $ 4,745.00 That the bid of Tidy Corporation to furnish and deliver to the Quantity and Description Purchase Price 2 Paving Breakers $ 880.00 That the bid of Dickerson GMC to furnish and deliver to the City Quantity and Description 1 12-passenger window van 1 8-passenger window van 6 12-passenger window vans 1 12-passenger window van 4 1/2-ton pickup trucks 6 1/2-ton pickup trucks Purchase Price $ 5,456.25 4,944.37 31,689.96 5,610.35 24,795.66 21,415.62 That the bid of Southwestern Equipment Company to furnish and deliver to the City as follows: Quantity and Description Purchase Price 6 1/2-ton pickup truck bodies $ 3,900.00 That the bid of Dickerson GMC to furnish and deliver to the City Item No. as follows: Item No. Quantity and Description Purchase Price 1 3/4-ton pickup truck $ 3,905.82 That the bid of General Welding and Machine Company, Inc., to furnish and deliver to the City as follows: Item No. 7 as follows: Item No. 8a Quantity and Description Purchase Price 1 3/4-ton pickup truck body $ 975.00 That the bid of Tidy Corporation to furnish and deliver to the City Quantity and Description Purchase Price 1 Road tractor $ 24,879.06 That the bid of A. E. Finley Company to furnish and deliver to the City as follows: Item No. Quantity and Description 8b 1 Equipment trailer (Rogers) w/optional loading ramp Purchase Price $ 12,374.88 That the bid received for one tilt cab dump truck be REJECTED. That the bids received for one dump truck body for tilt cab truck be REJECTED. --- That the bid of Tidy Corporation to furnish and deliver to the City as follows: Item No. Quantity and Description 2 conventional cab dump trucks 10a Purchase Price $ 43,485.32 That the bid of General Welding Company to furnish and deliver to Quantity and Description 2 dump bodies for conventional cab trucks the'City as follows: Item No. 10b REJECTED. .delivering to the City as follows: Item No. Quantity and Description Purchase Price $ 3,308.00 That the bids received for dump bodies for crew cab trucks be That the bid of P. A. Radocy & Sons, Inc., for furnishing and Purchase'Price $ 13,824.45 to the City as follows: Item No. Quantity and Description 14b 1 high velocity sewer cleaner Purchase Price 12a, b & c 1 1975 truck with power crane complete $ 35,879.68 --- That the bid received for 1 Tilt cab truck and flusher, Item 13 a, b and c, be REJECTED. --- That the bid of Rutrough-Mack, Inc., to furnish and deliver to the City as follows: Item No. Quantity and Description Purchase Price 14a 1 Truck for high velocity sewer cleaner $ 22,976.44 That the bid of Shaffer Equipment Company to furnish and deliver City as follows: Item No. Quantity and Description 1 Truck for catch basin cleaner 15a That the bid of Rutrough-Mack, Inc., to furnish and deliver to the Purchase Price $ 28,187,60 That the bid of A. E. Finley Corporation to furnish and deliver to the City as follows: Item No. Quantity and Description 15b 1 catch basin cleaner with street flusher option the City as follows: Item No. Quantity and Description 16a 4 chassis for 20 cu. yd. Rear Loading Packer (trucks) the City as follows: Item No. Quantity and Description 16b 4 20 cu. yd. Rear Loader packer bodies the City as follows: Item No. Quantity and Description 17a 3 chassis for 24-25 cu. yd. Front loading Packer Unit the City as follows: Item No. Quantity and Description 17b 3 24-25 cu. yd. Front Loading packer bodies the City as follows: Item No. Quantity and Description 17c 2 24-25 cu. yd. Front Loader packer units with Cobey body and Brockway chassis the City as follows: Item No. Quantity and Description . 1 Truck for wrecker 18 a Purchase Price $ 29,288.00 That the bid of Rutrough-Mack, Inc., to furnish and deliver to Purchase Price $109,798.72 That the bid of Mid State Equipment Company to furnish and deliver to Purchase Price $ 40,251.20 That the bid of Rutrough-Mack, Inc., to furnish and deliver to Purchase Price $ 88,286.16 That the bid of Capital Equipment Company to furnish and deliver to Purchase Price $ 41,571.00 That the bid of First Piedmont Corporation to furnish and deliver to Purchase Price $ 66,808.00 That the bid of Tidy Corporation to furnish and deliver to Purchase Price $ 20,942.67 That the bid of Freuhauf Corporation to furnish and deliver to the City as follows: Item No. Quantity and Description 18 b 1 Holmer 750 - 25-ton wrecker Purchase Price $ 9,135.00 the City as follows: Item No. Quantity and Description 1 Truck, cab and chassis 19 Item No. 20b That the bid of Dickerson GMC to furnish and deliver to Purchase Price $ 4,222.00 That the bid of Rockwell International to furnish and deliver to the City as follows: Quantit~ and Descri~tioq 2 sewer rodders Item No. 2la Purchase Price $ 10,384.00 That the bid of Dickerson GMC to furnish and deliver to the City as follows: Quantit~ and Description 1 conventional truck w/ flat bed Purchase Price $ 7,165.00 That the bid of Cues, Inc., to furnish and deliver to the City as follows: Item No. Quantit~ and Description Modular TV unit 2lb Purchase Price $ 26,300.00 That the bid of Municipal Sales Company, Inc., to furnish and deliver to the City as follows: Item No. Quantity and Description 22 6 Salt spreaders Purchase Price $ 20,397.00; all of the above amounts cash, plus the City's trade-in equipment described in the City's specifications, 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's report dated July 8, 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 authorized and directed to issue requisite purchase orders therefor, incorporating into said orders the City's aforesaid specifications, the terms of said bidders' proposals and the terms and provisions of this ordinance; the cost of said equipment, when delivered, to be paid for out of funds heretofore or contemporaneously being appropriated for the purpose. BE IT FURTHER ORDAINED that upon delivery to the City of all of the aforesaid equipment and upon the City's acceptance of the same, the Director of Finance 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, and the City Manager shall be, and is hereby authorized and directed to transfer and assign to the aforesaid bidders the titles to the certain vehicles described in the City's specifications as trade-in equipment. BE IT FURTHER ORDAINED that all other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby REJECTED; the City Clerk to so notify all said other bidders and to express to each the City's appreciation of said bids. 501 ATTEST: 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 8th day of July, 1974. No. 21665. A RESOLUTION relating to the proposed construction of public sanitary sewer lines to serve certain properties in the Fairland Lakes and Glenavon sections of the City, a portion of the cost of which, when tke same shall have been ascertained, is proposed to be assessed or apportioned between the City and the abutting landowners served by said san~'tary sewer line as provide( in Article 2, Chapter 7, Title 15.1, of the Code of Virginia, 1950, as amended. WHEREAS, the City Manager has recommended and the Council on its own motion has proposed the construction of a certain new sanitary sewer to serve certain properties in the area hereinafter described, to be undertaken as a public improvement authorized to be constructed pursuant to the provisions of Article 2, Chapter 7, Title 15.1 of the 1950 Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a public hearing be held before the Council at its regular meeting on the 29th day of July, 1974, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the question of constructing a sanitary sewer to serve certain properties located in the Fairland Lakes and Glenavon-sections of the City, a portion of which, if ordered and when such cost shall have been ascertained as provided by law, is to be assessed or apportioned between the City and those landowners abutting on or served by said improvement, and the Clerk is directed to forthwith cause notice of the aforesaid public hearing to be published in a newspaper published and having general circulation in the City once a week for two successive weeks, the last publication to be made at least ten days before the parties are cited to appear and at which hearing any landowner wishing to make objection to the ordering of the project may appear in person or by counsel and state his objections. APPROVED ATTEST: Deputy City Clerk Mayor