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Home My WebLink About20776-4/2/73 - 21217-11/12/73IN THE COUNCIL OF THE CITY 0F ROANOKE, VIRGINIA, The 2nd day of April, 1973. No. 20776. 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. 131, Sectional 1966 'Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application was made to the Council of the City of Roanoke to have Lots 2 through 16,' inclusive, in Block 27, as shown on the Map of Riverview Land and Manufacturing Company, Official Tax Nos. 1313601 - 1313607 and 1313609 - 1313616 inclusive, and being situate on the south side of Patterson Avenue, S. W., and on the north side of Chapman Avenue, S. W., between 18th Street and 19th Streetl S. W. rezoned from R G-2, General Residential District, to C-l, Office and Institu- tional District, and such application was duly referred to the City Planning Com- mission which recommended that said land be rezoned from RG-2, General Residential District, to C-l, Office and Institutional District; and WHEREAS, by Resolution No. 20721 adopted on the 20th day of February, 1973, Council deemed it appropriate to consider at the Public Hearing required to be held on said application the reclassificat~n, alsb of Lot 1 in the aforesaid Block, such lot being the only remaining lot in said block, but whose owner is not a party to the aforesaid application; and WHEREAS, the attorney for the owners of Lots 2 through 16, inclusive, in Block 27 as shown on the map of Riverview Land and Manufacturing Company, has filed an amended petition requesting that the entire block be rezoned to a C-l, Office and Institutional classification and sent a copy of the amended petition to the owner of Lot 1 in Beirut, Lebanon, where she resides, notifying her of the petition and WHEREAS, the Planning Director has recommended that CoUncil include Lot 1 in the rezoning petition so as to provide a uniform zoning designation for the eh- tire block; and WHEREAS, the attorney for the petitioners, owners of Lots 2 through 16, inclusive, of Blodk 27 as shown on the aforesaid map of Riverview Land and Manufac-1 turing Company has advised Council that the owner of Lot 1 desires to retain a RG-2 General Residential District, zoning for her lot; and WHEREAS, the hearing as provided for in said notice was held on the 26th day of March, 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. 2 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title X¥, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 131 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 the 1800 block of Patterson Avenue S. W., and on the north side of the 1800 block of Chapman Avenue, S. W., between 18th and 19th Streets, S. W. described as Lots 2 through 16, inclusive, in Block 27 as shown on the map of Riverview Land and Manufacturing Company, designated on Sheet 131 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1313601 - 1313607 and 1313609 - 1313616, inclusive, be and is hereby, changed fron R G-2, General Residential District, to C-l, Office and Institutional District, and that Sheet No. 131 of the aforesaid' map be changed in this respect. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1973. No. 20777'. 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. 116, Sectional 1966 Zone Map City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanok~ to have Parcel Nos. 1160133 and 1160136, located on the westerly side of Stephen- son Avenue, S. W., rezoned from RS-3, Single-Family Residential District, to RD, Duplex Residential District; and WHEREAS, the City Planning Commission has recommended that the hereinaf- ter described land be rezoned from RS-3, Single-Family Residential District, to RD, Duplex Residential District; and WHEREAS, the written notice and the posted sign required to be publishe and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of th 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 26t day of March, 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Titl XV, Chapter d.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 116 of the Sectional 1966 Zone Map, City of Roa- noke, be amended in the following particulars and no others, namely: Property located on the westerly side of Stephenson Avenue, S. W., des- cribed as follows: PARCEL I BEGINNING at a point on the westerly side of Stephenson Avenue, S. W., at the southeasterly corner of Lot 3 of the Shoaf Map; thence with the southerly line of Lot 3, N. 52o 45' W. 135.0 feet to a point in the branch; thence with a new division line through the original 1.54 acre tract along the center of the branch, S. 13o 25' W. 77.0 feet to a point; thence S. 50 00' W. 24.0 feet to a point; thence S. 160 41' W. 12.0 feet to a point; thence S. 43o 08' W. 27.48 feet to a po:iht on the southerly line of the original 1.54 acre tract; thence with the line of same, S. 420 57' E. 90.0 feet to a point at Corner 3 on the westerly side of Stephenson Avenue, S. W.; thence with Stephenson Avenue, S. W., N. 370 15' E. 144.62 feet to the BEGINNING, and contain- ing 0.33 acre; and PARCEL II Lot No. 1 as shown on the map of the subdivision of the property of Elizabeth C. and Cash J. Shoal prepared by C. B. Malcolm, S.C.E., dated November 2, 1953, and of record in the aforesaid Clerk's Office in Deed Book 914, page 260, subject to the 10-foot easement dedicated to the City of Roanoke by said map as shown thereon; and Designated on Sheet 116 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 1160133 and 1160136. be, and is hereby, changed from RS-3, Single-Family Residential District, to Duplex Residential District, and that Sheet No. 116 of the aforesaid map be changed in thi respect. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day. of April, 1973. No. 20778. 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 R~ nok~ to have the northeast corner of the intersection of Melrose Avenue and Country Club Drive, N. W., containing 2.184 acres, being the southerly portion of Official Tax No. 2660501 rezoned from C-l, Office and Institutional District, to C-2, Gen- eral Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinaf- ter 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 publishe and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of th 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 26t day of March, 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 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. 266 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located at the northeast corner of the intersection of Melrose Avenue and Country Club Drive, N. W., containing 2.184 acres, described as BEGINNING at the northeast corner of the intersection of Melrose Avenue, N. W., and Country Club Drive; thence along the easterly line of Country Club Drive, N. 10° 30' E. 365.00 feet to an iron stake; thence with a new division line through the property of the Roanoke Country Club, Inc. S. 59o 17' 45" E. 281.05 feet to an iron stake on the east- erly line of the Roanoke Country Club property; thence with the same S. 11° 50' W. 365.00 feet to an iron stake on the northerly line of Melrose Avenue; thence with the same N. 58o 42' W. 273.06 feet to the point of BEGINNING, containing 2.184 acres and being the southerly portion of the property conveyed to Roanoke Country Club, Inc. by Emil Peter Rabil by deed recorded in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, in Deed Book 1232, page 164, as shown by plat of survey made by David Dick ~ Associates, Engineers and Surveyors, dated December 13, 1972, designated on Sheet 266 of the Sectional 1966Zone Map, City of Roanoke, as Offi- cial Tax No. 2660501, be, and is hereby changed from C-l, Office and Institutiona District, to C-2, General Commercial District, and that Sheet No. 266 of the afor said map be changed in this respect. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1973. No. 20782. AN ORDINANCE authorizing and providing for the City's sale and conveyance' of a lot or parcel of land known and described as Lot 26, Block 1, as shown on the Map of Eureka Land Company, and being Official No. 2221109, in the City of Roanoke,~ Virginia, upon certain terms and conditions. WHEREAS, William C. Cassell has offered to the City, through the City's Real Estate Committee, to purchase and acquire from the City for himself and his wife that certain lot or parcel of land, situate on the south side of Hanover Ave- hue, N. W., in the City of Roanoke and known and described as Lot 26, Block 1, according to the Map of Eureka Land Comb ny, and as Official No. 2221109, for the sum of $1,O00.00, cash; and the Council's Real Estate Committee has recommended to the Council that the sale of said lot be approved and ordered on the terms and prp- visions herein provided, in which recommendation the Council concurs, i THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the I offer of William C. Cassell and wife to purchase and acquire from the City that ee~~ rain lot or parcel of land situate in the City of Roanoke, known and described as Lot 26, Block 1, as shown on the Map of Eureka Land Company, and as Official No. 2221109, for a consideration of $1,000.00, cash, to be paid to the City upon deliv- cry of the City's deed of conveyance hereinafter authorized to be made and executedi, and with 1973 real estate taxes to be prorated and assessed on said lot 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 $1,000.00, 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 convey- ance to the aforesaid lot or parcel of la nd, drawn upon such form as is prepared a~ approved by the City Attorney, granting and conveying with special warranty of titl~ to said William C. Cassell and Ann Roberta Cassell, husband and wife, as joint ?: tenants with right of survivorship, title to the above described lot; and that the Ii City Clerk be, and is hereby authorized and directed to affix to the aforesaid dee~ 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; thereaft~? said deed to be delivered to the City's said grantee. '/ ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1973. No. 20790. A RESOLUTION providing for the appointment of five viewers in connection with the application of Liberty Terminal Corp. to permanently vacate and close the westerly portion of Louisiana Avenue (an unopened street) in the Northeast section of the City of Roanoke, Virginia. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, ~: that Liberty Terminal Corp. has filed with this body it's Application to permanent ly vacate and close the westerly portion of Louisiana Avenue described as follows: BEING the westerly portion of Louisiana Avenue (an unopened street) a distance on the north side of said street of 114.15 feet and the south side of said street 125 feet more or less and 50 feet in width. WHEREAS, it appearing to Council from the Affidavit of~ a Deputy Sheriff of the City of Roanoke, that notice of the intended Application was duly posted as required by Virginia Code §15.1-364 by posting notices thereof at the front door of the Courthouse Building of the Circuit Court of the City of Roanoke, Vir- ginia, Campbell Avenue entrance, at the front door of the Market House Building of the City of Roanoke, Virginia, Campbell Avenue entrance and at the front door at 311 Second Street, S. E., Roanoke, Virginia, these being public places in the City of Roanoke; and WHEREAS, it appearing to Council that ten (10) days have elapsed since the posting of said notices; and, WHEREAS, the Applicant has requested that not less than three nor more than five viewers be appointed to view the westerly portion of said street sought to be vacated and closed and that said viewers report in writing to Council as required by Virginia Code §15.1-364. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, VirqinJ that Messrs. Harry Whiteside, Jr., Dale Poe, R. R. Quick, C. F. Kefauver, and Roy L. Mastin, Jr. be, and they hereby are, appointed as viewers, any three (3) of whom may act, to view the aforesaid street and report in writing pursuant to the provisions of §15.1-364 of the Code of Virginia of 1950, whether in their opinion any and if any, what, inconvenience would result from discontinuing said street a requested by the Applicant; and further, BE IT RESOLVED that this request be referred to the Planning Commission of the City of Roanoke for its recommendation and comment. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1973. No. 20791. A RESOLUTION providing for the appointment of five viewers in connection with the application of Elias Apostolou and Nota Apostolou to permanently vacate and close an unopened alley running in an easterly direction from another existing alley between Franklin Road and Luck Avenue, S. W., in the City of Roanoke, Virginia. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, that Elias Apostolou and Nota Apostolou have filed with this body their Application[ to permanently vacate and close the unopened alley described as follows: BEGINN~G on an alleyway that extends from Franklin Road to Luck Avenue, S. W., in the City of Roanoke, Virginia, at a point on said alleyway 104.5 feet north of Franklin Road to a point; and thence in an easterly direction from existing alleyway a distance of 54.3 feet to a point; said small unopened alleyway being 12 feet wide, and being as shown on an Appraisal Map of the City of Roanoke, Virginia, Sheet 101, in the Roanoke City Engineer's Office. WHEREAS, it appearing to Council from the Affidavit of a Deputy Sheriff of the City of Roanoke, that notice of the intended Application was duly posted as required by Virginia Code §15.1-364 by posting notices thereof at the front door of the Courthouse Building of the Circuit Court of the City of Roanoke, Virginia, Campbell Avenue entrance, at the front door of the Market House Building of the City of Roanoke, Virginia, Campbell Avenue entrance and at the front door of 311 Second Street, S. E., Roanoke, Virginia, these being public places in the City of Roanoke, Virginia; and, WHEREAS, it appearing to Council that ten (10) days have elapsed since the posting of said notices; and, WHEREAS, the Applicants have requested that not less than three nor more than five viewers be appointed to view the unopened alley sought to be vacated and closed and that said viewers report in writing to Council as required by Virginia Code §15.1-364. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virqinia that Messrs. Fred D. Felice, L. Elwood Norris, George W. Overby, Edward H. Brewer, Jr., and William M. Harris be, and they hereby are, appointed as viewers, any three (3) of whom may act, to view the aforesaid unopened alley and report in writing put suant to the provisions of ~15.1-364 of the Code of Virginia of 1950, whether in their opinion, any, and if any, what, inconvenience would result from diseontinuin{i said unopened alley as requested by the Applicants; and further, BE IT RESOLVED that this request be referred to the Planning Commission of the City of Roanoke for its recommendation and comment. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1973. No. 20792. AN ORDINANCE to amend and reordain Section =90, "Sewage Treatment Fund," of the 1972-73 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. TH~EFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =90, "Sewage Treatment Fund," of the 1972-73 Sewage Treatment Fund Appro- priation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND ~90 Refunds and Rebates (1) .................. $13,000.00 (1) Net increase $12,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1973. No. 20793. AN ORDINANCE to amend Ordinance No. 20351, providing a System of Pay Rates and Ranges for the employees of the City of Roanoke, by adding to Schedule 2 of said System of Pay Rates and Ranges new code positions for Captain of DeputiE Lieutenant of Deputies, Sergeant of Deputies, Deputy and Paramedic, in the office of the City Sheriff and providing the ranges and pay steps applicable to each said new position; providing the effective date of the changes herein ordered; and pro- viding for an emergency. WHEREAS, the City Sheriff has heretofore proposed that the positions of Captain of Deputies, Lieutenant of Deputies,. Sergeant of Deputies, Deputy and Par medic and all clerical personnel in this office be incorporated into the City's Schedule of classified pay rates and ranges as are set out in Schedule 2 of the Pay Plan incorporated into Ordinance No. 20351 of the Council, in which proposal, upon favorable recommendation of the City Manager made in report of April 2, 1973 the Council concurs; and WHEREAS, for the usual daily operation of the municipal government an emergency exists and the changes herein provided for should take effect at the time indicated. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ord nance No. 20351, adopted June 30, 1972, providing a System of Pay Rates and Ranges for the employees of the City, be amended by the addition of the following code positions, ranges and pay steps, viz: Work Range ~ode Classific~tio~ Week No, 7021 Deputy 40 15 7023 Sergeant of Deputies 40 17 7025 Lieutenant of Deputies 40 20 7027 Captain of Deputies 40 23 5041 Paramedic 40 17 Stens in Monthly Amounts 1 2 3 4 5 6 $526 $554 $582 $610 $642 $67d $582 $610 $642 $674 $708 $744 $674 $708 $744 $780 $820 $860 $780 $820 $860 $904 $948 $996 $582 $610 $642 $674 $708 $744 BE IT FURTHER ORDAINED that, an emergency exists and that the additions herein provided to be made to Schedule 2 of said System of Pay Rates and Ranges be made effective as of July 1, 1973. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1973. No. 20794. A RESOLUTION designating a site for a new fire station to serve the north west area of the City and the City's Municipal Airport property. WHEREAS, after evaluation of the merits of various locations for the City's new fire station intended to serve the northwest section of the City and its Municipal Airport, the site hereinafter designated appears to be best located for the purposes intended and is on property already owned by the City; and WHEREAS, because of such location it appears feasible that by utilizing a method of combination construction, the facility may serve, not only as a modern and adequate fire station but, also, as a facility to provide fire protection and emergency services for aviation activities conducted at the City's Municipal Airpo and that, by so doing, the Government, through its Federal Aviation Administration may be willin9 to participate with the City in providing funds necessary for pay- ment of the costs of constructing such use facility; and 10 WHEREAS, the Council is advised that the Federal Aviation Administration. being approached concerning the matter has concurred in proposal that the new firei station be located on the site hereinafter designated and that, by designing and equipping said new facilities so as to afford the same and other emergency protec-i tire services for the Roanoke Municipal Airport,.Federal participation in the cos of such facilities may be made available to the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby designate as the site of the City's new fire station de- signed to provide fire protection and firefighting services for the northwest area of the City that certain area of land owned by the City as a part of its Municipa Airport property situate at the intersection of State Route 1889 (Industrial Acce Road) and the Municipal Airport Access Road leading off of State Route 118 and situate immediately southeasterly of the eastern end of former Runway 27 on said Airport property; and doth direct that said new facilities be so designed and constructed as to provide necessary fire protection and firefighting facilities and services to the northwest area of the City and, also, for providing firelight- lng, fire protection and crash services to aviation activities and facilities lo- cated at the Roanoke Municipal Airport. ATTEST: Deputy City Clerk A P P R 0 V E~D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1973. No. 20795. A RESOLUTION approving and authorizing an agreement to be entered into with Winston S. Sharpley, Architect, as an addendum to the City's written agreeme with said architect dated January 25, 1971, relating to architectural services to be provided the City in connection with the construction of certain new fire sta- tions. WHEREAS, the Council is advised that the City's architect, employed by agreement dated January 25, 1971, to prepare plans and drawings and to provide certain other professional services in and about the construction of new fire sta~ tions for the northwest and the southwest ar.eas of the City, is agreeable to ente~ lng into an addendum agreement to said contract as hereinafter provided modifying changing or enlarging upon certain of the terms and provisions of said January 25 1971, agreement as the same relates and applies to the fire station to be constru, ed in or for the northwest area 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 and empowered to enter into written agreement on behalf of the City with Winston S. Sharpley, Architect, as an addendum to the written agreement heretofore entered into between the City and said architec under date of January 25, 1971, providing for certain professional services to be provided to the City in and about the design and construction of certain new fire stations to serve the northwest and the southwest areas of the City, the purpose an intent of which said addendum agreement shall, with respect to the fire station in- tended to be constructed in the northwest area of the City, agree and provide as follows, viz: 1. That the effective date for commencement of performance by the Archi- tect of the contract between the City and said Architect should be stated as Januar 25, 1971 . 2. That completed plans and specifications of fire station for the north west area of the City be submitted through the City to the Federal Aviation Adminis tration within six months from the date of the addendum to said contract. 3. That Article 9 of the agreement be modified to provide that the plans and specifications of said northwest fire station be the property of the City; and 4. That Article 13 of the aforesaid agreement be amended to provide that said agreement and the within approved addendum thereto be subject to approval by the Federal Aviation Administration. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1973. No. 20797. AN ORDINANCE providing for the purchase of a certain parcel of land situ~ :e to the east of Garden City Boulevard, S. E., in fee simple, and of a certain tempor ary easement in land needed by the City for the widening and improvement of Garden City Boulevard, S. E., upon certain terms and conditions; repealing Ordinance No. 19997; and providing for an emergency. WHEREAS, in order to provide for the widening and improvement of a portio of Garden City Boulevard, S. E., in accordance with the plans therefor, approved as a project by Ordinance No. 19231, adopted June 22, 1970, the parcel of land herein- after described, which is set out and shown in detail on the plans of the aforesaid project, is wanted and needed by the City for the purposes of the project, said 12 property being needed to be acquired in fee simple and in easement for the proper construction of said project; and WHEREAS, Mr. Gale B. Cyphers and Hrs. Vera C. Cyphers, husband and wife have offered and agreed in writing to sell and convey to the City the property hereinafter described for the sum of $1,500~00, cash, and upon the other terms and provisions hereinafter set out; and WHEREAS, a sum sufficient to pay the aforesaid purchase price has been appropriated by the Council for such purpose and it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby accept the written offer of Mr. Gale B. Cyphers and Mrs. Yera C. Cyphers, husband and wife, made under date of March 28, 1973, to the City Manager to sell and convey to the City certain property in the City located on th~ easterly side of Garden City Boulevard, S. E., said property containing 9148 square feet and an adjacent temporary construction easement over 185 square feet, being a portion of Official No. 4260501, all as shown in detail on Plan No. 5170- prepared in the Office of the City Engineer under date of May 17, 1972, a copy of which is on file in the Office of the City Clerk, for the sum of $1,500.00, cash, settlement to be made within 15 days from receipt by the owners of a copy of this ordinance; current taxes on said 9148 square £oot parcel to be prorated and appor- tioned between the owners and the City as of the date of settlement, and conveyanc to be made to the City in fee simple, free and clear of all liens or encumbrances and upon such form of deed as is prepared and approved by the City Attorney. BE IT FURTHER ORDAINED that, upon certification by the City Attorney of title to said property and upon delivery to the City of a proper deed of conveyan executed and acknowledged as approved by the City Attorney, the City Auditor shal be and he is hereby authorized and directed to issue and deliver the City's check in payment of the aforesaid purchase price, made payable to such proper person or persons as is directed by said City Attorney, charging said payment to the Capita Improvement Program. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be i force and effect upon its passage; and that ~he City Clerk transmit to Mr. Gale B Cyphers and Mrs. Vera C. Cyphers at 2642 Bandy Road, S. E., in the City, an attes' ed copy hereof. BE IT FINALLY ORDAINED that Ordinance No. 19997, heretofore adopted on December 28, 1971, be and is hereby REPEALED. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1973. No. 20798~ AN ORDINANCE to amend and reordain Section =4, "City Attorney," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 =4, "City Attorney," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY ATTORNEY =4 Dues, Memberships G Subscriptions (1) .............. $770.00 (1) Net increase .......... $200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1973. No. 20799. AN ORDINANCE to amend and reordain Division 3. of Article V. of ChaPter ~ Title XVIII, of the Code of the City of Roanoke, 1956, as heretofore amended, said chapter being the Traffic Code of the City of Roanoke of 1956, relating to the oper tion of automobiles and certain other vehicles while Under the influence of alcohol and other intoxicants, or narcotic drugs, or other self-administered intoxicants or drugs; and providing for an emergency. WHEREAS, for the immediate preservation of public peace and safety, an emergency is deemed to exist in order that this ordinance take effect upon its pas- sage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Divi. sion 3, of Article V. of Chapter 1. Title XVIII, of the Code of the City of Roanoke 1956, as heretofore amended, referred to as the Traffic Code of the City of Roanoke of 1956, be and said Division is hereby amended and reordained to read as follows: DIVISION 3. Dri¥in~ Automobile. Enoine. Etc.. While Under Influence of Intoxicants or Narcotics. Sec. 76. Prohibited~ No person shall drive or operate any automobile or other motor vehicle, car, truck, engine or train while under the'influence of alcohol, brandy, rum, whiskey, gin, wine, beer, lager beer, ale, porter, stout or any other liquid beverage or articles contain- ing alcohol or while under the influence of any narcotic drug or any o~er se. If-administered intoxicant or drug of whatsoever nature. Sec. 77. Analysis. of breath to determine alcoholic content of blood,; preliminary field analysis, etc. (a) Any person who i.s suspected of a violation of Sec. 76, hereof, or of §18~1-54 of .the Code of Virginia, 1950, as amended, shall be entitled, if such equipment be available, to have his breath analyzed to determine the probable alcoholic content of his blood. Such breath may be analyzed by any police officer of the State, in the normal discharge of his duties. (b) The State Board of Health shall determine the proper method and equipment to be used in analyzing breath samples taken pursuant to this section and shall advise the respective police and sheriff's departments of the same. (c) Any person who has been stopped by a police officer of the State, or of the city, and is suspected by such officer to be guilty of a violation of Sec. 76, hereof, or of §18.1-54, of the aforesaid Code of Virginia, shall have the right to refuse to permit his breat~ to.be so analyzed, and his failure to permit such analysis, shall not be evidence in any prosecution under Sec. 76, hereof, or of §18.1-54, of the aforesaid Code of Virginia, provided, however, that nothing in this section shall be construed as limiting in any manner the provisions of Sec. 77.!, hereof, or of §18.1-55.1, of the aforesaid Code of Virginia. (d) Whenever the breath sample so taken and analyzed indicates that there is alcohol present in the blood of the person from whom the breath was taken, the officer may charge such person for the violation of See. 76, hereof, or of ~18.1-54, of the aforesaid Code of Virginia. Any person so charged shall ~hen be subject to the provisions of Sec. 77.1, hereof, or of S18.1-55.I, of the aforesaid Code of Virginia. (e) The results of such breath analysis shall not be admitted into evidence in any prosecution under Sec. 76, hereof, or of §18.1-54, of the aforesaid Code of Virginia, the purpose of this section being to permit a preliminary analysis of the alcoholic content of the blood of a person suspected of h~ving violated the provisions of Sec. 76, hereof, or of ~18.1-54,-of the aforesaid Code of Virginia. (f) Police officers or members of any sheriff's de- partment shall, upon stopping any person suspected of having violated the provisions of Sec. 76, hereof, or of §18.1-54, of the aforesaid Code of Virginia', advise such person of his rights under the provisions of this section. Sec. 77.1. Use o£ chemical test to determine alcohol in blood: orocedure: qualifications and liability of person withdrawing blood: co$~; evidence: suspension of license for ~O~usal to submit to test. (a) As used in this section "license" means any operator's, chauffeur's'or Iearner's permit or license authorizing the operation of a motor vehicle upon the. highways. (b) Any person whether licensed by Virginia or not, who operates a motor vehicle upon a public highway in this State on and after January one, nineteen hundred seventy-three, shall be deemed thereby, as a condition of such operation, to have consented to have a sample of his blood or breath taken for a chemical test to deter- mine the alcoholic content of his blood, if such person is arrested for a violation of Sec. 76, hereof, or of 15 §18.1-54, of the Code of Virginia, 1950, as amended, within two hours of the alleged offense. Any person so arrested shall elect to have either the breath or blood sample taken, but not both. It shall not be a matter of defense that either test is not available. (c) If a person after being arrested for a violation of Sec. 76, hereof, or of §18~1-54 of the aforesaid Code of Virginia, and after having been advised by the arresting officer that a person who operates a motor vehicle upon a public highway in this State shall be deemed thereby, as a condition of such operation, to have consented to have a sample of his blood or breath taken for a chemical test to determine the alcoholic content of his blood, and that the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of this State, then refuses to permit the taking of a sample of his blood or breath for such tests, the arresting officer shall take the person arrested before a committing magistrate and if he does again so refuse after having been further advised by such magistrate of the law requiring a blood or breath test to be taken and the penalty for refusal, and so declares again his refusal in writing upona form provided by the Division of Consolidated Labora- tory Serv'ices (hereinafter referred to as Division), or refuses or fails to so declare in writing and such fact is certified as prescribed in paragraph (j), then no blood or breath sample shall be taken even though he may thereafter request same. (d) Only a physician, registered professional nurse, grad- uate laboratory technician or a techinican or nurse designated by order of a court of record acting upon the recommendation of a licensed physician, using soap and water to cleanse the part of the body from which the blood is taken and using instruments 'sterilized by the accepted steam sterilizer or some other sterilizer which will not affect the accuracy of the test, or using chemically clean sterile disposable syringes, shall w'ithdraw blood for the purpose of determining the alcoholic content thereof. No civil liability shall attach to any person authorized to withdraw blood as pro- vided herein as a result of the act of withdrawing blood from any person submitting thereto, provided the blood was with- drawn according to recognized medical procedures; and pro- vided further that the foregoing shall not relieve any such person from liability for negligence in the withdrawing of any blood sample. (dl) Portions of the blood sample so wi'thdrawn shall be placed in each of two vials provided by the Division which vials shall be sealed and labeled by the person taking the sample or at his direction, showing on each the name of the accused, the name of the person taking the blood sample, and the date and time the bl'ood sample was taken. The vials shall be placed in two containers provided by the Division, which containers shall be sealed so as not to allow tamper- ing with the contents. The arresting or accompanying officer shall take possession of the two containers holding the vials as soon as the vials are placed in such containers and sealed, and shall tran'sport or mail one of the vials forthwith to the Division. The officer taking possession of the other container (hereinafter referred to as second container) shall, immediately after taking possession of said second container give to the accused a form provided by the Division which shall set forth the procedure to ob- tain an independent analysis of the blood in the second container, and a list of those laboratories and their addresses, approved by the Division; such ~form shall contain a space for the accused or his counsel to direct the officer possessing such second container to forward that container to such approved laboratory for analysis, if-desired. The officer having the second container, after delivery of the form referred to in the preceding sentence (unless at that time directed by the accused in writing on such form to forward the second container to an approved laboratory of the accused's choice, in which event the officer shall do so) shall deliver said second container to the chief police officer of the city and the chief police officer who receives the same shall k'eep it in his possession for a period of seventy-two (72) hours, during which time the accused or his counsel mas in writing, on the form provided hereinabove, direct the chief police officer having possession of the second container to mail it to the laboratory of the accused's choice chosen from the approved list. As used in this section, the term "chief police officer" shall mean the chief of police of the City of Roanoke. (d2) The testing of the contents of the second container shall be made in the same manner as hereafter set forth concerning the procedure to be followed by the Division, and all procedures established herein for transmittal, testing and admission of the result in the trial of the case shall be the same as for the sample sent to the Division. (d3) A fee not to exceed $15~00 shall be allowed the approved laboratory for making the analysis of the second blood sample which fee shall be paid out of the appropriation for criminal charges. If the person whose blood sample was withdrawn is subsequently con- victed for violation of Sec. 76, hereof, or of ~18.1-54 of the aforesaid Code of Virginia, the fee charged by the laboratory for testing the blood sample shall be taxed as part of the costs of the criminal case and shall be paid into the q.eneral fund of the City or State Trea- sury, respectively. (d4) If the chief police officer having possession of the second container is not directed as herein provided to mail it within seventy-two (72) hours after receiving said container then said officer shall destroy same. (e) Upon receipt of the blood sample forwarded to the Division for analysis, the Division shall cause it to be examined for alcoholic content and the Director of the Division or his designated representative shall execute a certificate which shall indicate the name of the accused, the date, time and by whom the blo~d sample was received and examined, a statement that the container seal had not been broken or otherwise tampered with, a statement that the container was one provided by the Division and a statement of the alcoholic content of the sample. The certificate attached to the vial from which the blood sam- ple examined was taken shall be returned to the clerk of the court in which the charge will be heard. The certifi- cate attached to the container forwarded on behalf of the accused shall also be returned ~o the clerk of the court in which the charge will be heard, and such certificate shall be admissible in evidence when attested by the path- ologist or by the supervisor of' the laboratory approved by the Division. (f) When any blood sample taken in accordance with the provisions of this section is forwarded 'for analysis to the Division, a report of the results of such analysis shall be made and filed in that office. Upon proper identification of the vial into which the blood sample was placed, the certificate as provided for in this section shall, when duly attested by the Director of the Division or his designated representative, be admissible in any court, in any criminal proceeding, as evidence of the facts therein stated and of the results of such analysis. (g) Upon the request of the person whose blood or breath sample was taken for a chemical test to determine - the alcoholic content of his blood, the results of such test or tests shall be made available to him. (h) A fee not exceeding ten dollars shall be allowed the person withdrawing a blood sample in accordance with this section, which fee shall be paid out of the appropria- tion for criminal charges. If the person whose blood sam- ple was withdrawn is subsequently convicted for violation of Sec. 76, hereof, or of S18.1-54 of the aforesaid Code of Virginia, the amount charged by the person withdrawing the sample shall be taxed as part of the costs of the criminal case and shall be paid into the general fund of the City or State Treasury, respectively. (i) In any trial for a violation of Sec. 76, hereof, or of §18.1-54 of the aforesaid Code of Virginia, this section shall not otherwise limit the introduction of any relevant evidence bearing upon any quest'ion at issue before the court, and the court shall, regardless of the result of the blood or breath test or tests, if any, consider such other relevant evidence of the condition of the accused as shall be admissible in evidence. The failure of an accused to permit a sample of his blood or breath to be taken for a chemical test to determine the alcoholic con- tent of his blood is not evidence and shall not be sub- ject to comment at the trial of the case; nor shall the fact that a blood or breath test had been offered the accused be evidence or the subject of comment. 1'7 (j) The form referred to in paragraph (c) shall contain a brief statement of the law requiring the taking of a blood or breath sample and the penalty for refusal, a declaration of refusal and lines for the sig- nature of the person from whom the blood or breath sam- ple is sought, the date and the signature of a witness to the signing. If such person refuses or fails to execute such declaration, the committing justice, clerk or assistant clerk shall certify such fact, and that the committing justice, clerk or assistant clerk advised the person arrested that such refusal or failure, if found to be unreasonable, constitutes grounds for the revoca- tion of such person's license to drive. The committing or issuing justice, clerk or assistant clerk shall forth- with issue a warrant charging the person refusing to take the test to .determine the alcoholic content of his blood, with violation of this section. The warrant shall be executed in the same manner as criminal warrants. (k) The executed declaration of refusal or the certificate of the committing justice, as the case may be, shall be attached to the warrant and shall be for- warded by the committing justice, clerk or assistant clerk to the court in which the offense of driving under the influence of intoxicants shall be tried. (1) When the court receives the declaration of refusal or certificate referred to in paragraph (k) together with the warrant charging the defendant with refusing to submit to having a sample of his blood or breath taken for the determination of the alcoholic content of his blood, the court shall fix a date for the trial of said warrant, at such time as the court shall designate, but subsequent to the defendant's criminal trial for driving under the influence of intoxicants. (m) The declaration of refusal or certificate under paragraph (k), as the case may be, shall be prima facie evidence that the defendant refused to submit to the taking of a sample of his blood or breath to determine the alco- holic content of his blood as provided hereinabove. However, this shall not be deemed to prohibit the defendant from introducing on his behalf evidence of the basis for his re- fusal to submit to the taking of a sample of his blood or breath to determine the alcoholic content of his blood. The court shall determine the reasonableness of such refusal. (n) If the court shall find the defendant guilty as charged in the warrant, the court shall suspend the defen- dant's license for a period of 90 days for a first offense and for six months for a second or subsequent offense or refusal within one year of the first or other such refusals; the time shall be computed as follows: the date of the first offense and the date of the second or subsequent offense. (o) The court shall forward the defendant's license to the Commissioner of the Division of Motor Vehicles of Virginia as in other cases of similar nature for suspension of license unless, however, the defendant shall appeal his conviction in which case the court shall return the license to the defendant upon his appeal being perfected. (p) The procedure for appeal and trial shall be the sa~e as provided by law for misdemeanors. (q) No person arrested for a violation of Sec. 76, hereof, or of §18.1-54, of the aforesaid Code of Virginia, shall be required to execute in favor of any person or cor- poration a waiver or release of liability in connection with the withdrawal of blood and as a condition precedent to the withdrawal of blood as provided for herein. (r) The Court or the jury trying the case shall determine the innocence or the guilt of the defendant from all the evidence concerning his condition at the time of the alleged offense. (ri) Chemical analysis of a person's breath, to be considered valid under the provisions of this section, shall be performed by an individual possessing a valid license to conduct such 18 tests, with a type of equipment and in accordance with the methods approved by the State Health Commissioner. Such breath-testing equipment shall be tested for its accuracy by the State Health Commissioner's office at least once every six months. The State Health Commissioner is directed to establish a training program for all individuals who are to administer the breath tests, of at least forty hours of instruction in the operation of the breath test equipment and the adminis- tration of such tests. Upon the successful completion of the training program the Commissioner may issue a license to the individual operator indicating that he has completed the course and is authorized to conduct a breath test analysis. Any individual conducting a breath test under the pro- visions of this section and as authorized by the State Health Commissioner shall issue a certificate which will indicate that the test was conducted in accordance with the manufac- turer's specifications, the equipment on which the breath test was conducted has been tested within the past six months, the name of the accused, the' date, the time the sample was taken from the accused, the alcoholic content of the sample, and by whom the sample was examined. The certificate, as provided for in this section, when duly attested by the autho- rized individual conducting the breath test, shall be admiss- ible in any court in any criminal proceeding ~as evidence of the alcoholic content of the blood of the accused. In no case may the officer making the arrest, or anyone with him at the time of the arrest, or anyone participating in the arrest of the accused, make the breath test or analyze the results there- of. (s) The steps herein set forth relating to the taking, handling, identification, and disposition of blood or breath samples are procedural in nature and not substantive, Sub- stantial compliance therewith shall be deemed to be sufficient. Failure to comply with any one or more of such steps or por- tions thereof, or a variance in the results of the two blood tests shall not of itself be grounds for finding the defendant not guilty, but shall go to the weight of the evidence and shall be considered as set forth above with all the evidence in the case, provided that the defendant shall have the right to introduce evidence on his own behalf to show noncompliance with the aforesaid procedure or any part thereof, and that as a result his rights were prejudiced. Sec. 77.2. Presumptions from alcoholic content of blood. In any prosecution for a violation of Sec. 76, hereof, or of §18.1-54, of the Code of Virginia, 1950, as amended, the amount of alcohol in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of the accused's blood in accordance with the provisions of Sec. 77.1, hereof, or of §18.1-55.1, of the aforesaid Code of Virginia, shall give rise to the following presumptions: (1) If there was at that time 0.05 percent or less by weight by volume of alcohol in the accused's blood, it shall be presumed that the accused was not under the in- fluence of alcoholic intoxicants; (2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight by volume of alcohol in the accused's blood, m ch facts shall not give rise to any presumption that the ~ccused was or was not under the influence of alcoholic intoxicants, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused; (3) If there was at that time 0.10 percent or more by weight by volume of alcohol in the accused's blood, it shall be presumed that the accused was under the influence of alcoholic intoxicants. 19 Sec. 78. Penalty: subsequent offen~e; prior conviction. Any person violating any provision of Sec. 76 of this chapter shall be guilty of a misdemeanor and shall be punished, for a first offense by a fine of not less than two hundred dollars nor more than one thousand dollars or by confinement in jail for not less than one month nor more than six months, either or both in the discretion of the jury or the court trying the case without a jury. Any person convicted within any period of ten years of a second or other subsequent offense under Sec. 76, hereof, or of an offense under 818.1-54 of the Code of Virginia, 1950, as amended, shall be punished by a fine of not less than two hundred dollars, nor more than one thousand dollars and by confinement in jail for not less than one month nor more than one year. For the purpose of this section a conviction or finding of not innocent in the case of a juvenile nder the provisions of Sec. '76 of this chapter or of 18.1-54 of the aforesaid Code of Virginia, or of any ordinance of any county, city or town in this State or the laws of any State substantially similar to the provision of Sec. 76 of this chapter shall be consid- ered a prior conviction. Sec. 79. Same: forfeiture of driver'~ license; suspension of sentence. The judgment of conviction, or finding of not innocent in the case of a juvenile, if for a first offense under Sec. 76, shall of itself operate to deprive the person so convicted or found not innocent of 'the right to drive or operate any such vehicle, conveyance, engine or train in this State for a period of not less than six months nor more than one year in the discretion of the court from the date of such judgment, and if for a second or other subsequent offense of Sec. 76, hereof, or of 818.1-54 of the Code of Virginia, 1950, as amended, within ten years thereof for a period of three years from the date of the judgment of conviction or finding of not innocent thereof, any such period in either case to run consecutively with any period of suspension for failure to permit a blood sample to be taken as required by law. If any person has heretofore been convicted or found not innocent of violating any similar law of this State, or ordinance of any city or county and thereafter is convicted or found not innocent of violating the provisions of Sec. 76, hereof, or of §18.1-54 of the aforesaid Code of Virginia, such conviction or finding shall be punished accordingly; and the court may, in its discretion, suspend the sentence during the good behavior of the person convicted or found not innocent. Sec. 79.1. Driving after forfeiture of license. If any person so convicted shall, during the time for which he is deprived of his right so to do, drive or operate any such vehicle, convey~ ce, engine or train in this State, he shall be guilty of a misdemeanor and shall be confined in jail not less than ten days nor more than six months and may in addition be fined not exceeding five hundred dollars but nothing in this section shall be con- strued as conflicting with or repealing any ordinance or resolution of the city, which restricts still further the right of such persons to drive or operate any such vehicle or conveyance. Sec. 80. Report of convictions tQ Divi~io~ of ~otor vehicles. The clerk of all courts of record and every judge of the municipal or juvenile and domestic relations court shall, within thirty days, after final conviction of any person in his court under this article, report the fact thereof and the name, post office address and street address of such person, together with the license plate number on the vehicle operated by such person, to the director of the divisions of motor vehicles. 2O 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 2nd day of April, 1973. No. 20800. AN ORDINANCE awarding a contract for 'the painting of the Franklin Road Bridge over the Norfolk & Western Railway Company's right-of-way, upon certain tel and conditions, accepting a certain bid made to the City for performing said work rejecting certain other bids made to the City, and providing for an emergency. WHEREAS, at the meeting of Council held on March 26, 1973, and after du, and proper advertisement had been made therefor, certain bids for furnishing all tools, machines, labor and materials and thinner necessary for use in clean up, except paint and other thinner, for painting of the abovementioned bridge, were opened and read before the Council whereupon all said bids were referred to a com- mittee 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 Coun~ 1 in writing its tabu- lation and recommendation on all 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 that said other bids should be rejected; 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 fol- lows: 1. That the bid of Electrical and Industrial Maintenance Corporation, Inc., to furnish all tools, machines, labor and materials, and thinner necessary for use in clean up, except paint and other thinner, for the painting of the Fran lin Road Bridge over the Norfolk and Westem Railway Company's right-of-way, as described in the City's plans and specifications, for a lump sum of $26,047.50, cash, upon satisfactory completion of said work, be and said bid is hereby ACCEPTED; ~s 21 2. That the City Manager and City Clerk be, and they are hereby authoriz~ ed 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 incor- porate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for said work; said contracts to be upon such form as is approved by the City Attorney, and the cost of the work when completed, to be paid out of funds heretofore or presently being appropriated by the Council for the purpose; and 3. That the other bids made to the City for performing the abovedescribe. 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 A TTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, ¥IRGINIA, The 2nd day of April, 1973. No. 20gO1. AN OItDINANCE authorizing and empowering the City Manager to enter into written agreement with Norfolk and Western Railway Company relative to the City's maintenance of City bridges over properties of said railway company; and providing for an emergency. WHEREAS, in connection with report of a committee on award of a contract for painting the City's Franklin Road Bridge, over the property of Norfolk and West. ern Railway Company, the Council is advised of the necessity of an agreement with Norfolk and Western Railway Company respecting entry of the City bridge maintenance personnel on properties of said Company on and over which various of the bridges of the City are located; and WHEREAS, for the usual daily operation of the ?ublic Works Department of the City an emergency is set forth and declared to exist. 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 enter into written agreement with Norfolk and Western Railway Company whereby permission be granted to the City and its authorized bridge maintenance personnel to enter onto Railway pro- perty for the purpose of cleaning, painting and small maintenance work on the ratio s ¸22 City bridges crossing Railway properties, such permission to be granted and exer- cised subject to the following conditions, viz: 1. All work shall be done at City expense. All work shall be performed with such care, diligence and cooperation with Railway per- sonnel as to avoid accident, damage and harm to persons or Railway property and unnecessary delay to or interference with trains and opera- tion of the Railway. Railway's Superintendent shall be given forty- eight hours advance notice before the City enters upon Railway property, and the aforesaid permis- sion may be refused in such specific instances as may be deemed to be adverse to the interests of the Railway. The City shall indemnify and save harmless Nor- folk and Western Railway Company from and against all losses, and all claims, demands, payments, suits, actions, and judgments of every nature and description made, brou. ght. or recovered against the Railway by reason or ~n consequence of the exercise of the permission herein granted, except when such is due to the sole negligence of the Railway, its agents and employees. All work shall be performed in such manner and Railway property left free of debris and in such condition as is satisfactory to the Railway. The City shall reimburse the Railway for any and all costs incurred in connection with adjust- ment of its facilities or furnishing engineering, flagging, watchman or inspection service as deemed necessary by the Railway. Such permit or right of entry (a) shall not be assigned or transferred without'written approval of the Railway and (b) may be terminated at will by the Railway or City upon written request; pro- vided, however, that sudh termination shall not relieve the City of any obligation or liability incurred prior to said termination· 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 2nd day of April, 1973. No. 20802· A RESOLUTION concurring in the City Sheriff's employment of three full time Para-Medical Technicians. WHEREAS, the City Sheriff has advised the Council that employment of certain para-medical technicians is necessary for the efficient operation of the City jail; and the City Manager has recommended employment of such personnel. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth concur in the City Sheriff's employment, effective April 2, 1973, of three (3) Para-Medical Technicians, at an annual compensation from $582.00 to $744.90, each, as provided for Ranqe 17 in the City's System of Pay Rates and Ranqes as eon- rained in Ordinance No. 20351, adopted June 30, 1972, such employees to have the qualifications of a Para-Medical Technician II as established by the State Departme t of ~elfare and Institutions. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1973. No. 20803. AN ORDINANCE to amend Ordinance No. 20351, providin9 a System of Pay Rate and Ranqes for the employees of the City of Roanoke, by adding to Schedule 2 of said System of Pay Rates and Ranges new code positions for an Assistant Commissione of Revenue, and Audit Inspector, a License Inspector, and a Supervisor of Real Es- tate Records in the office of the Commissioner of Revenue and providing the ranqes and pay steps applicable to each said new position; providing the effective date of the changes herein ordered; and providinq for an emergency. WHEREAS, the Commissioner of Revenue has heretofore proposed that the po- sitions of Assistant Commissioner of Revenue, Audit Inspector, License Inspector, Supervisor of Real Estate Records and all clerical personnel in this office be in- corporated into the City's Schedule of classified pay rates and ranges as are set out in Schedule 2 of the Pay Plan incorporated into Ordinance No. 20351 of the Cou ell, in which proposal, upon favorable recommendation of the City Mana9er made in report of March 26, 1973, the Council concurs; and WHEREAS, for the usual daily operation of the municipal government an emergency exists and the changes herein provided for should take effect at the time indicated. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ord nance No. 20351, adopted June 30, 1972, providing a System of Pay Rates and Ranges for the employees of the City, be amended by the addition of the following code positions, ran9es and pay steps, viz: Code 1237 Work Range S~eDS in Monthlv Amounts Classification Week No. 1 2 ~ 4 ~ /p Assistant Commis- 40 sioner of Revenue 23 1239 Supervisor of Real 40 17 Estate Records 1141 Audit Inspector 40 20 1143 License Inspector 40 20 $780.$820 $860 $904 $948 $996 $582 $610 $642 $674 $708 $744 $674 $708 $744 $780 $820 $860 $674 $708 $744 $780 $820 $860 BE IT FURTHER ORDAINED that, an emergency exists and that the additions herein provided to be made to Schedule 2 of said System of Pay Rates and Ranges be made effective as of and retroactive to April 1, I973. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1973. No. 20804. A RESOLUTION commending the management and staff of WBRA-TV Channel 15 for television coverage of the meetings of the Roanoke City Council. WHEREAS, the Council is advised by the management of WBRA-TV Channel 15 that, for reasons deemed sufficient by that organization, it must terminate its weekly telecast of the meetings of the Roanoke City Council as of the Council meeting to be held on April 30, 1973; and WHEREAS, for a period of years each regular meeting of the City Council has been expertly recorded in sound by members of the staff of the abovenamed Sta- tion and, on the same day and, at times, contemporaneously with the meetings of the City Council, broadcast on the educational television network of said Station, which is owned and operated by the Blue Ridge Educational Television Association, affording to the members of the public an opportunity to observe in detail and follow each regular meeting of the City Council, hopefully producing in the minds of said Station's viewing audience a better understanding of the workings of loca government; for all of which this Council is appreciative. THEREFORE, BE IT RESOLVED that this bo'dy does hereby commend the manage- · ment and the members of the staff and technicians of WBRA-TV Channel 15, for their individual efforts and for the public service rendered by all said persons in pro- ducing and making available to the public on said Station's educational television system full and accurate coverage of the regular weekly meetings of the Roanoke City Council over and during the period from September 14, 1970, until April 30, 1973. BE IT FURTHER RESOLVED that the City Clerk do transmit to Mr. E. V. Rex- rode, Jr., Vice-President and General Manager of the Blue Ridge Educational Televi- sion Association and of said Station, an attested copy of this resolution. ATTEST: Deputy City Clerk APPROVED ~la yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1973. No. 20805. AN ORDINANCE authorizing the execution of an agreement between the City and the Roanoke Valley Regional Corrections Board for the disbursement of funds on behalf of said Corrections Board and providing for payment by said Corrections Board of the cost of such services; providing for the advancement by the City of certain sums on behalf of the said Corrections Board upon certain terms and condi- tions; and providing for an emergency. WHEREAS, this Council being advised that the Roanoke Valley Regional Cor- rections Board, created by formal agreement dated February 12, 1973, between the City of Roanoke, Roanoke County, City of Salem, Craig County and Town of Vinton, has requested the City to enter into an agreement with said Corrections Board where by the City will agree to make ail authorized disbursements of monies for and on behalf of said Corrections Board for a service charge to be paid to the City as set forth in said agreement; and WHEREAS, this Council is further advised that the said Corrections Board has requested that the City advance to said Corrections Board a sum not to exceed $5,000.00 through a period ending June 30, 1973, for authorized operational expense of said Corrections Board, upon the condition that the remaining parties to said formal agreement dated February 12, 1973, approve in writing said advancement as a portion of the City's pro rata share of the initial eontributim of funds to said Corrections Board by the participating parties; and WHEREAS, this Council having considered the requests of the said Correc- tions Board and concurring 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 ORD~ NED by the. Council of the City of Roanoke as fol- lows: 1. That the C~ty Manager be and he is hereby authorized to enter into un agreement prepared and approved as to form by the City Attorney, by and betweer the City of Roanoke and the Roanoke Valley Regional Corrections Board whereby the City will agree to make all authorized disbursements for and on behalf of the sai Corrections Board in consideration of the payment of a 2% service charge by said Corrections Board to the City as more fully set forth in said agreement. 2. That the City Auditor be and he is hereby authorized to advance on half of the Roanoke Valley Regional Corrections Board a sum not to exceed $5,000.6 through the period ending June 30, 1973, for authorized operational expenses of said Corrections Board upon approval in writing by the remaining parties to that certain formal agreement abovementioned dated February 12, 1973, that such advanc ment shall be a portion of the City's pro rata share of the initial contribution of funds to the said Corrections Board by the participating parties. BE IT FURTHER ORDAINED that the City Clerk be and she is hereby directe( to forthwith transmit attested copies of this ordinance and the aforesaid agreeme~ to the respective clerks of the governing bodies which are parties to the Regiona Corrections Center agreement. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shal be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1973. No. 20806. AN ORDINANCE to amend and reordain Section ~91, "Non-Departmental," of the 1972-73 Appropriation Ordinm ce, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal' Government of 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 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL ~91 547 - Regional Jail ........................... $5,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. ATTEST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1973. No. 20807. ATTEST: A RESOLUTION proclaiming April 9, 1973, as Wonju Day. WHEREAS, this Council has heretofore instituted a sister city relationshi with the City of Wonju, Republic of Korea; and WHEREAS, in furtherance of this affiliation there have been cultural exchanges and visits by citizens of the two cities; and WHEREAS, similar observances have been successfully conducted in recent years; and WHEREAS, certain of the Roanoke public schools and a local television station, WBRA-TV, are planning special programs on study of the Orient and Korea; and WHEREAS, the International Municipal Cooperation Committee of Roanoke, Virginia, Inc., a corporation formed by citizens of their city interested in furthe in§ a people-to-people program in the interest of international understanding, has proposed the proclamation of April 9, 1973, as WONJU DAY in the City of Roanoke in order that the day may be celebrated appropriately. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that April 9, 1973, is hereby proclaimed as WONJU DAY in the City of Roanoke, and this Council requests our citizens to cooperate in an appropriate celebration of such day as a milestone in the development of friendship, interest and cooperation be- tween this City and the City of Wonju, Republic of Korea, and between our two repub lies. BE IT FURTHER RESOLVED that an attested copy hereof be appropriately transmitted to the Honorable Mayor of the City of Wonju. APPROVED Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1973. No. 20808. AN ORDINANCE to amend and reordain Section ~26, "Jail," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Gm ernment of the City of Roanoke, an emergency is declared to exist. 28 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~26, "Jail," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JAIL =26 Food Supplies (1) .......................... $50,000.00 (1) Net increase $8,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. APPROVED ATTEST: ~k~O~..~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1973. No. 20809. AN ORDINANCE to amend and reordain Section ~550, "Sewage Treatment Capi. tal Improvements Fund,*' of the 1972-73 Sewage Treatment Fund Appropriation Ordi- nance, and providing for an emergency. I~HEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~550, "Sewage Treatment Capital Improvements Fund," of the 1972-73 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SELVAGE TREATMENT CAPITAL IMPROVEMENTS FUND ~:550 Sewage Treatment Plant Expansion ............................. $31,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. APPROVED ATTEST: ~(k~Ot3---- Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1973. No. 20810. AN ORDINANCE to amend and reordain Section =19, "Juvenile and Domestic Relations Court," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 =19, "Juvenile and Domestic Relations Court," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE AND DOMESTIC RELATIONS COURT =19 Fees for Professional and Special Services (1) .... $16,530.00 (I) Net increase $7,930.00 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 9th day of April, 1973. No. 20811. AN ORDINANCE to amend and reordain Section =91, "Non-Departmental," of the 1972-73 Appropriation Ordinance, and providin9 for an emerqency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Romoke, an emerqency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =91, "Non-Departmental," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows,, in part: NON-DEPARTMENTAL ~91 Offender Aid and Restoration .................. $15,704.00 BE IT FURTHER ORDAINED that, an emerqency existinq, this Ordinance shall be in effect from its passaqe. ATTEST: Deputy City Clerk APPROVED Mayor 3O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1973. No. 20812. AN ORDINANCE to amend and reordain Section =64, "Maintenance of City Property," of the 1972-73 Appropriation Ordinance, and providing for an emergency WHEREAS, for the usual daily operation of the Municipal Government of tl City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =64, "Maintenance of City Property," of the 1972-73 Appropriation Ordi- nance, 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) ......................... $326,375.00 (1) Net increase $8,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1973. No. 20813. AN ORDINANCE to amend and reordain certain sections of the 1972-73 Appr, priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1972-73 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: COMMISSIONER OF THE REVENUE =6 Data Processing (1) ................... $10,468.00 Operating Supplies and Materials (2) ........................ 2,757.00 ASSESSMENT OF REAL ESTATE =7 Printing and Office Supplies (3) ...... Dues, Memberships and Subscriptions (4) .................... CIRCUIT COURT ~17 Printing and Office Supplies (5) ...... 1,777.00 628.00 350.00 JUVENILE AND DOMESTIC RELATIONS COURT Printing and Office Supplies (6) ........ $ 4,850.00 Maintenance of Machinery and Equipment (7) ..... ... 1,050.00 Automobile Allowanc~ i&i ::::::::::::::... 12,000.00 Data Processing (9) ..................... 9,500.00 MEDICAL EXAMINER ~46 Fees for Professional and Special Services (10) .......................... 7,300.00 NON-DEPARTMENTAL =91 Fees for Professional and Special Services (11) .......................... Refund Accounts (12) .................... 23,700.00 110,000.00 TERMINAL LEAVE ~97 Terminal Leave (13) ..................... 31,500.00 (1) Net decrease ............... $ (2) Net increase (3) Net decrease .... (d) Net increase ............... (5) Net increase ............... (6) Net decrease .... (7) Net increase--- (8) Net increase ................ (9) Net increase ....... (10) Net increase ............... (11) Net increase--- (12) Net increase ......... (13) Net increase ...... 532.OO 532.00 23.00 23.00 50.00 250.00 250.00 3,000.00 3,000. O0 3,000.OO 4,700. O0 40,000.00 2,500.00 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 9th day of April, 1973. No. 20814. AN ORDINANCE to amend and reordain Section =440, "Civic Center - Adminis- tration Fund," of the 1972-73 Civic Center Fund Appropriation Ordinance, and pro- viding for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~440, "Civic Center - Administration Fund," of the 1972-73 Civic Center Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 32 CIVIC CENTER - ADMINISTRATION FUND =440 Maintenance of Buildings and Property (1) ..' .......................... $9,000.00 Operating Supplies and Materials (2) .......................... .. 7,500.00 Refunds and Rebates (3) ................... 4,500.00 (1) Net decrease- (2) Net increase (3) Net increase $2,OOO.OO 2,000.00 4,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1973. No. 20796. AN ORDINANCE providing for the lease of certain City farmland located at Coyner Springs, in Botetourt County, Virginia, upon certain terms and conditions. WHEREAS, the City Manager has recommended the leasing of approximately twelve (12) acres of City-owned farmland at Coyner Springs for the growing of crops, upon the conditions hereinafter set out, in which recommendation the Coun- cil concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- lows: 1. That the offer of James B. Ballard, for the lease of approximately 11.93 acres of cleared farmland owned by the City near Coyner Springs, in Bote- tourt County, Virginia, set out in detail on Plan No. 5382, prepared under date o: March 21, 1973, in the Office of the City Engineer, for a three year term beginning April 20, 1973, at a rental of $100.00, for the term, payable in advance and in no event subject to proration; the lessee to be solely responsible for the mainte- nance and upkeep of said land during the term of said lease; and the use of said land by said lessee to be limited to the planting and harvesting of corn, and matters ancillary thereto; be and said offer is hereby ACCEPTED; and 2. That the City Manager be, and he is hereby, authorized and directed for and on behalf of the City, to execute a written lease of the aforesaid lands to the said offeror, said lease to be upon such form as is prepared and'approved by the City Attorney and io be upon such terms and conditions as are hereinabove set out, and to contain the following provisions for termination and renewal, viz ATTEST: Deputy City Clerk That should either party desire to terminate said lease, a thirty-day written notice shall be given, in advance, provided, however, should the lessee ha planted a crop, as yet unharvested, the City shall give four months written notice of termination; and that said lease may be renewed upon its termination for a fur- ther period of three years by mutual agreement between the City and said lessee. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1973. No. 20815. A RESOLUTION accepting and expressing appreciation to the Roanoke County Board of Supervisors for its contribution to the City's cost of maintaining certain public bus transportation in a portion of Roanoke County. WHEREAS, the Roanoke County Board of Supervisors, responding to a request made by the Council of the City of Roanoke to other governmental units in the Roa- noke Valley whose areas are served in varying degrees by the public bus transporta- tion system now operated by Roanoke City Lines, Inc., has contributed to the City funds amounting to $902.00, representing its costs, on a mileage basis and over a six-months period, of the continued operation of the present bus system in a part of Roanoke County. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body does hereby formally acknowledge the contribution of $902.00 made by the Roa- noke County Board of Supervisors to the City, made to reimburse the City, on a mile age basis over a six-months period ending June 30, 1973, the City's cost of contin- uance of certain bus transportation service in a portion of Roanoke County for said six-months period; and does express to the Roanoke County Board of Supervisors thi body's appreciation for its aforesaid action. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit an atte ed copy of this resolution to the Clerk of the Roanoke County Board of Supervisors A TTE ST: APPROVED Deputy City Clerk Mayor 34 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1973. No. 20816. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvements Fund," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1972-73 Appropriati Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND =89 Wasena Elementary School (CIP 117) ................................ $20,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. APPROVED A TTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1973. No. 20817. AN ORDINANCE to amend and reordain Section ~23, "Sheriff," of the 1972- 73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =23, "Sheriff," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SHERIFF =23 Personal Services (Temporary Help) (1) ............................... $48,226.34 (1) Net increase (Temporary Help) -$1,200.00' *Subject to approval of the State Compensation Board 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 16th day of April, 1973. No. 20818. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the petition of Jimmy L. Weddle and Mildred C. Weddle, husband and wife, and Daniel N. Monaco and Louella Monaco, hus- band and wife, to vacate, discontinue and close a portion of Montvale Road, S. W., lying between Spring Road, S. W. and the corporate limits of the City, extending a distance of approximately 222 feet South of Spring Road, and being the parcel desig nated as Official Tax No. 1550311. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the petition of Jimmy L. Weddle and Mildred C. Weddle, husband and wife, and Daniel N. Monaco and Louella Monaco, husband and wife, that said petitioners did duly and legally publish as required by Section 15.1-364 of the Code of Virginia, 1950, as amended to date, notice of their application to this Council to vacate, discontinue and close a portion of Montvale Road~ S. W., lying between Spring Road, S. W. and the corporate limits of the City, extending a distance of approximately 222 feet South of Spring Road, and bein9 the parcel designated as Official Tax No. 1550311, in the City of Roanoke, Virginia, the publication of which was had by posting copies of said notice on the front door of the Courthouse of the Hustings Court for the City of Roanoke, Virginia (Campbell Avenue entrance), the Market Square (Salem Avenue entrance of the Market House), and at No. 311 Second Street, S. E. (formerly Randolph Street), all of which is verified by an affidavit of the Deputy Sheriff of the City of Roanoke, Virginia, appended to the petition; WHEREAS, said notices were all posted on the 2nd day of April, 1973, and more than ten days prior to the presentation of the said petition; WHEREAS, petitioners have requested that five viewers, any three of whom may act, be appointed to view the above described street and to report in writing as required by the statute above mentioned. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, upon consideration of said petition, that Harold Harris, Lester K. Stover, William P. Wallace, J. Tate McBroom and Dewey Marshall, any three of whom may act, be, and they hereby are, appointed as viewers to view the aforesaid street and to report in 36 writing pursuant to the provisions of the statute above mentioned whether or not, in their opinion, any, and if any, what inconvenience would result from vacating, discontinuing and closing said street. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF. ROANOKE, VIRGINIA, The 16th day of April, 1973. No. 20819. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds for the purchase of basic criminal justice equipment for the Municipal (Woodrum) Airport, and expressing thc City's willingness to provide local matching funds in an amount not to exceed $3,518.00. 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.. 71-A1555 (S-8) for the purchase of basic crimi- nal justice equipment for the Municipal (Woodrum) Airport subject to the acceptan( , execution and filing by the City of the "Special Conditions for Action Grant Awards" and the City providing local matching funds in an amount not to exceed $3,518.00; and WHEREAS, the City Manager recommends to the Council that Grant No. 71-A1555 (S-8) be accepted upon such special conditions aforesaid, in which recom- mendation Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fol- lows: 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" w the Division of Justice and Crime Prevention for Action Grant No. 71-A1555 (S-8) for Federal funds in the amount of $10,552.00 through said Division, to be used, along with certain other local matching funds in an amount not to exceed $3,518. to aid in the purchase of basic criminal justice equipment for the Municipal ( rum) Airport, estimated to cost approximately $14,070.00; and 2~ That the City Manager or his successor in office is further direc to furnish such additional information as may be required by the Division of 37 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 16th day of April, 1973. No. 20820. AN ORDINANCE to amend and reordain Section =340, "Municipal Airport Fund, of the 1972-73 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 Sec- tion =340, "Municipal Airport Fund," of the 1972-73 Municipal Airport Fund Appropri. ation Ordinance, be, and the same is hereby, amended and reordained to read as fol- lows, in part: MUNICIPAL AIRPORT FUND ~340 Security Equipment Grant's .................. $14,070.00 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 16th day of April, 1973. No. 20821. AN ORDINANCE directing payment of the sum of $2,445.72 to Seibel Brothers Incorporated, in lieu of delivery of certain trade-in equipment; and amending Ordi- nance No. 20656 to the extent herein provided; and providing for an emergency. WHEREAS, by Ordinance No. 20656, heretofore adopted on January 15, 1973, the Council accepted the proposal of Seibel Brothers, Incorporated, to furnish and deliver to the City two industrial tractors upon the terms and conditions stated in said bidder's proposal and in said ordinance; and 38 WHEREAS, the City Manager has advised the Council that the terms of said ordinance providing for delivery to said bidder of certain trade-in equipment are impossible of performance through no fault of said bidder, and has recommended that the Council authorize payment to said bidder of a sum equal to the value of said trade-in equipment, in lieu of delivery thereof, in which recommendation the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordillance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Auditor be and he is hereby authorized and directed to deliver to Seibel Brothers, Incorporated, the City's.check in the sum of $2,245.72, representing payment in full in lieu of delivery of certain trade-in equipment heretofore described in Ordinance No". 20656; and BE IT FURTHER ORDAINED that Ordinance No. 20656 be and the same is here[ amended to the extent as herein provided~ BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shal be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1973. No. 20822. AN ORDINANCE providing for the execution of an agreement with the Virgi ia Department of Highways relative to the construction and maintenance of Access Road Highway Project No. 9999-128-103, C-501, C-502, and signifying the City's intent to participate in the payment of a certain portion of the costs of said project; concurring in the award of a contract by the Commonwealth of Virginia, Department of Highways, for construction of an access road from the intersection of lOth Street, N. W., to the Macke Company, Incorporated, property; and providin for an emergency. WHEREAS, pursuant to the City's request made to the Commonwealth of Vir. ginia, Department of Highways, that a project be initiated for an access road pro- ject from the intersection of lOth Street, N. W., to the Macke Company, Incorpor- ated, property, the Department of Highways has formulated plans and received a contractor's bid of the sum of $161,967.00 for said improvements, the total cost of the entire of said project, including costs of demolition and other related items, being :estimated to amount to said sum of $161,967.OO, of which total cost the City would offer to pay certain portions as hereinafter set out; and WHEREAS, the Commonwealth of Virginia, Department of Highways, has re- quested that the City enter into agreement with said Department agreeing upon the maintenance, signing and regulation of parking on said highway and agreeing upon th various proportions of the total cost of the highway construction which the City shall pay; and WHEREAS, the City's estimated share of the cost of said project being $32,393.40, sums sufficient to pay such cost have been appropriated by the Council for the purpose; 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, Depart ment of Highways, for the construction of an access road from lOth Street, N. W., to the property of the Macke Company, Incorporated, as shown on the plans for Pro- ject No. 9999-128-103, C-501, C-502, said contract to be for the approximate sum of $161,967.00, of which the City's proportionate share is estimated to be $32,393.40 as is set out in the Agreement hereinafter set out in detail. BE IT FURTHER ORDAINED that Byron E. Haner, City Manager, and Virginia L Shaw, 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 High- ways, an agreement relati~ to the maintenance, signing and regulation of parking on the aforesaid highway under provisions of the Federal Highway Act, and containin the City's agreement to participate in payment of the actual cost of said improve- ments as herein set out, the agreement to be in the following words and figures, to-wit: "AGREEMENT BY MUNICIPALITY OR POLITICAL SUBDIVISION TO MAINTAIN HIGHWAYS IMPROVED UNDER THE CODE OF VIRGINIA AND THE POLICIES OF THE HIGHWAY,COMMISSION The City of Roanoke, State of Virginia, hereinafter referred to as Roanok and the Virginia Department of Highways, hereinafter referred to as the Highway Department, hereby agree as follows: 1. That the Highway Department will prosecute a project for the improve- ment of 0~176 Mile of the Access Road to The Macke Company, Incorporated within Roanoke from the intersection of Tenth Street, N. W. to 0.091 Miles west of the intersection of Court Street, N. W., Station 9+86.00, to Station 19+15.14, and designated as Project 9999-128-103, C-501, C-502. 2. Roanoke hereby requests the Highway Department to prosecute the afore mentioned project with recommendation that it be approved and agrees that if such project is approved and constructed by the Highway Department, it, thereafter, at its own cost and expense, will maintain the project, or have it maintained, in a manner satisfactory to the Highway Department, or its authorized representatives, and will make ample provision each year for such maintenance. 3. Roanoke hereby agrees that the location, form and character of infor- mational, regulatory, warning signs, curb and pavement or other markings and traf- fic signals, installed or placed by any public authority, or other agency, shall be subject to the approval of the Highway Department. 4. Parking on both sides of this project will be prohibited at all times! Stopping and standing in cases of emergency will be allowed on the shoulders. 4O 5. Roanoke agrees to furnish plans, adjust utilities, and furnish all necessary rights of way, all at its own expense or at no expense to the Highway Department. 6. At places where parking is prohibited, the appropriate NO PARKING signs shall be erected. The size, design and color of such signs shall conform to the standards as shown in the latest edition of the Manual on Uniform Traffic Control Devices. 7. Roanoke agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number or width of traffic lanes additional median crossovers, enlargement of existing median crossovers, or altera' tions of channelization islands, without the prior approval of the High~ay Depart- ment. 8. Roanoke agrees to participate in the actual cost of this project in accordance with the following tabulation, understanding that the costs shown are estimated and the percentageswill be applied to actual costs: Item Roadway Constr. C-501 Demolition Roadway Constr. C-502 Total E_J..t.~i~3_~ Cost 78,692.00 3.00 161,967.00 Roanoke's Share Amount 20 $15,738.40 20 0.60 20 16.65a 40 32,393.40 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Roanoke on the day of , 1973, and the Highway Department on the day of , 1973. CITY OF ROANOKE ~unicipality of political subdivision) ATTEST: BY City Manager City Clerk COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HIGHWAYS (Official title of Highway Department) BY Deputy Commissioner, APPROVED AS TO FORM City Attorney" BE IT FURTHER ORDAINED that nine (9) attested copies of this ordinance and of the aforesaid agreement, duly executed, be transmitted to officials of the Commonwealth of Virginia, Department of Highways, as evidence of this Council's concurrence and statement of agreement. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shal be in force and effect upon 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 16th day of April, 1973. No. 20823. A RESOLUTION authorizing a modification of the City's written agreement with Local No. 55, International Alliance of Theatrical and Stage Employees and Moving Picture Machine Operators pursuant to the provisions of Ordinance No' 20364. WHEREAS, it has been recommended to the Council by the City Manager that certain provisions of the City's written agreement with Local No. 55, International Alliance of Theatrical and Stage Employees and Moving Picture Machine Operators, made under date of August 1, 1972, be changed as hereinafter provided; and the Court. cil, considering the matter, concurs in said recommendation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Para graph Nos. 6 and 7 of the written agreement between the City and Local No. 55, In- ternational Alliance of Theatrical and Stage Employees and Moving Picture Machine Operators, relative to services of subject organization at the Roanoke Civic Center be amended and changed to read and provide as follows: Paragraph 6. Paragraph 7. All payment for the services of personnel of Local No. 55 shall be made by the City on receipt of an itemized invoice (in a form approved by the City Manager). Normal process- ing time for payment will be required, not to exceed ten (10) days. Realizing the cost to Local No. 55 of payment of Social Security (FICA) taxes made on behalf of those persons engaged by Local No. 55 at the Civic Center and that the burden of keeping financial records, disbursing payments and other similar administrative func- tions will be the responsibility of Local No. 55 as herein provided, in addition to the specific payment for events hereinabove provided for, the City will pay to Local No. 55 the sum of 11% of the gross billing as compen- sation for the cost of Local No. 55 of Social Security (FICA) payments made on behalf of those persons engaged at the Civic Center by Local No. 55 and for the cost and burden of keeping financial records, disbursing payments and per- forming other similar administrative functions, such payment to be made monthly on receipt of an invoice for the same; the amount of Social Security (FICA) pay- ments required to be made by Local No. 55 to be included on each event statement. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1973. No. 20824'. A RESOLUTION approving the City Manager's issuance of Change Order No. 1, in connection with the City's contract for the construction of comminuting equipment at the City's Sewage. Treatment Plant. WHEREAS, the City Manager, in report to the Council dated April 16, 197~ has recommended that the Council approve the issuance of a change order to the City's agreement with Kappe Associates, Inc., for construction of comminuting equipment at the City's Sewage Treatment Plant, so as to provide for an increase of the contract price of the sum of $1,560.00, representing the difference in changed design of certain drive motor stands, the City Manager advising that fund~ have been or are being contemporaneously appropriated to said project sufficient to defray the cost of such changed design; and WHEREAS, the Council is of opinion that the changes proposed are desira- ble and, accordingly, concurs in said proposal. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that City Manager be, and he is hereby authorized and empowered to issue, for and on behalf of the City, Change Order No. 1, to the City's contract with Kappe Associa- tes, Inc., for construction of comminuting equipment at the City's Sewage Treat- ment Plant, said change order to provide for amendment of the City's contract wit the aforesaid corporation by increasing the contract price by the sum of $1,560. so as to allow for changed design of certain drive motor stands, the total cont price, following execution of said change order, to be $58,743.00. ATTEST: ~o~'~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1973. No. 20825. AN ORDINANCE to amend and reordain Section ~550, "Sewage Treatment Cap- ital Improvements Fund," of the 1972-73 Sewage Treatment Fund Appropriation Ordi- nance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. a3 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~550, "Sewage Treatment Capital Improvements Fund," of the 1972-73 Sewage Treat- merit Fund Appropriation Ordinance, be, and the same is hereby, amended and reordain. ed to read as follows, in part: SEWAGE TREATMENT CAPITAL IMPROVEMENTS FUND ~550 Sewage Treatment Plant Expansion .................................... $1,560.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROYED ATTEST: ~~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1973. No. 20826. 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 program for improvement of prosecution, and court activities and law reform. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fol- lows: 1. That the City Manager or the Assistant City Manager, be and each is hereby authorized to execute and file an application on behalf of the City of Roa- noke with the Division of Justice and Crime Prevention for an action grant of feder 1 funds in the amount of $55,000.00 through said Division, to be used, along with certain in-kind contributions, to aid in implementation in the City of a program for improvement of prosecution, and court activities and law reform estimated to cost approximately $75,356.00, designed for developing a clear prototype criminal justice information system to serve a multiplicity of local and state requirements for current, accurate and periodic data regarding criminal justice operations in the Roanoke galley. 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 a grant of such 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. ATTEST: APPROVED Deputy City Clerk .... Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1973. No. 20828. AN ORDINANCE accepting a bid and awarding a contract for the construc- tion of the Porterfield storm drain, between 8th Street, S. W., and Main Street, S. W., upon certain terms and conditions; rejecting certain other bids made there- for; and providing for an emergency. WHEREAS, at the meeting of the Council held on April 9, 1973, and after due and proper public advertisement had been made therefor, four (4) bids made to the City for constructing the Porterfield storm drain between 8th Street, S. W., and Main Street, S. W., 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 April 16, 1973, its tabulation and report of said bids, from which it appears thal the bid hereinafter accepted represents the best bid made to the City, meeting al the City's specifications for said work, and should be accepted; and WHEREAS, funds have been appropriated by the Council sufficient to pay the cost of the contract hereinafter authorized to be entered into and, for the usual daily operation of the municipal government, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- lOWS: 1. That the bid of J. P. Turner g Brothers, Inc., for furnishing all tools, labor, machinery and materials necessary to construct a corrugated metal pipe storm drain designated as the Porterfield Storm Drain between 8th Street, S.W., and Main Street, S. W., in full accordance with the City's specifications made for said work, for the sum of $16,261.50, be, and said bid is hereby ACCEPTE] 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 construction of the storm drain mentioned and described above, said contract to have incorporated therein the City's require- ments 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 appropria- tions heretofore made by the City for said work. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. A TTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1973. No. 20830. A RESOLUTION expressi~ the willingness of the Council of the City of Roa noke to cooperate with the remaining parties to the Roanoke Valley Corrections Center Agreement in the construction and erection of a regional corrections facili- ty on an acceptable site upon certain terms and conditions. WHEREAS, the City of Roanoke, the City of Salem, Roanoke County, Craig County and the Town of Vinton, recognizing, in the Roanoke Valley area, the need for new and improved jail and corrections facilities, entered into an agreeme~ dated February 12, 1973, establishing the Roanoke Valley Corrections Board for the purpose of providing a new joint-use corrections facility for the parties to said agreement; and WHEREAS, the Roanoke Valley Corrections Board was duly appointed and cons tuted as made and provided by said Agreement, and did thereafter, on April 3, 1973, meet for the purpose of recommending to the governing bodies, party to said agree- ment, a site for said corrections facility, and did so recommend a site in Roanoke County on property owned by the City of Roanoke as a part of its Municipal (Woodrum Airport property; and WHEREAS, the said property so recommended as a site for the said regional corrections facility is owned by the City of Roanoke and the City does not, at this time, wish to sell said property or otherwise make the same available for location of a regional corrections facility, since said property was acquired and needs to be retained for airport purposes; and WHEREAS, the Council of the City of Roanoke has heretofore stated as its preference for a site for the location of said regional corrections facility a sit. in the Kimball Urban Renewal Project within the 6ity of Roanoke, by reason of the fact that the City is the party which will make the greatest use of said regional corrections facility, the City of Roanoke presently housing approximately 80% of the prisoners in the Roanoke Valley.; and WHEREAS, the said Kimball Urban Renewal Project is located in an area of the City in which .little if any objection should be raised to the use of said site for location of a regional corrections facility; and WHEREAS, the City recognizing its obligations pursuant to the aforesaid agreement of February 12, 1973, and in a spirit of cooperation is willing to ful- fill its contract obligations by approving the use of some other site to be selec ed by the Roanoke Valley Corrections Board as a location for a regional correction facility providing such site be acceptable to all parties and can be lawfully used for such purpose by June 1, 1973. NOW, THEREFORE, BE .IT RESOLVED by the Council of the City of Roanoke that said Council, offering to agree tO location of said corrections facilities on a site in the Kimball Urban Renewal Project area, doth hereby express its willing- ness to cooperate in locating a regional corrections facility on some other site selected by the Roanoke Valley Corrections Board as a location for a regional cor- rections facility providing same be acceptable to the parties to the aforesaid agreement and said site can be lawfully used for such purpose on and after June 1, 1973. BE IT FINALLY RESOLVED that the City Clerk be and she is hereby directed to forthwith forward attested copies of this resolution to the respective Clerks of the governing bodies of the parties to the said agreement dated February 12, 1973. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1973. No. 20831. A RESOLUTION concurring, generally, in a report of the Council's Water Resources Committee recommending certain liberalization of the City's current polic with respect to extension of the City's water facilities outside its corporate limi and to its sale of surplus water; and directing certain actions to implement certai of such recommendations. WHEREAS, proposals having been recently made to the Council that the City consider the matter of supplying potable water from its surplus supplies in bulk quantities to unincorporated areas outside the corporate limits to various agencies or firms which would, in turn and by various means of distribution, re-distribute such water to the ultimate users thereof; and WHEREAS, the proposals having raised question as to whether the City should reevaluate its long-standing policy with reference to the extension of water mains outside its corporate limits and to sale of its surplus water supplies, the Council's Water Resources Committee was directed to consider and study said propos- als, reviewing the City's policy and rules with respect to such matters; and WHEREAS, the Committee, in written report to the Council dated February 23, 1973, has made reasoned recommendation that supply of the City's surplus potabl water to consumers outside the corporate limits can best and more safely be provid- ed those consumers by direct service from lines maintained and serviced by the City, and that the major portions of developed areas outside the corporate limits could be so served from surplus supplies which the City is required to maintain, bu that a review of certain of the City's present rules and regulations controlling the extension of water lines outside the corporate limits indicates areas wherein such rules may be liberalized so as to make the supply of such water more readily available to said areas and with greater safety and economy; and WHEREAS, the Committee has further reported that change of the rules controlling extension of lines outside the City would require, also, change of cer- tain of the City's rules and regulations relating to extension of such lines within the City; and WHEREAS, the Committee has further reported on the matter of rates charge by the City for sale of certain of its surplus water to other incorporated munici- palities, recommending that the present rate is reasonable and should be maintained but that consideration should be given by the City and such other municipalities to the feasibility of integrating into the City's water system the lines and facil- ities maintained by such others; and WHEREAS, the Council having considered the report and recommendations of said Committee is of opinion to concur, generally, with all of the same. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that sai body concurs, generally, with the report of its Water Resources Committee made to the Council under date of February 23, 1973, to which written report reference is hereby made; and directs that proper measures be drawn so as to implement the chart of the City's present rules and regulations controlling the extension of water mains outside and inside the corporate limits of the City, as recommended in said Committee's report. BE IT FURTHER RESOLVED that this body invites discussion with the gov- erning body of Roanoke County and with the Council of the Town of Vinton to explor means whereby the City may most economically make available to consumers in such other areas adequate water from its surplus supplies; and that copies of this res- olution be transmitted by the Clerk to said other governing bodies. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1973. No. 20827. AN ORDINANCE awarding a contract for certain advertising privileges to be exercised at Roanoke Municipal (Woodrum) Airport upon certain terms and provi- sions, on the basis of a certain proposal made therefor; and directing the execu- tion of a requisite contract. WHEREAS, by written proposal dated August 30, 1972, Creative Advertising Agency, Incorporated, has offered to provide certain display advertising at Roanok, Municipal' (Woodrum) Airport, which said proposal has been studied and reviewed by the City Manager; and ~ WHEREAS, the City Manager in report to the Council under date of Decembe 26, 1972, has recommended award of the contract for advertising privileges as here' inafter provided; and the Council considering all the same, has determined that said proposal should be accepted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Creative Advertising Agency, Incorporated, be and is awarded a contract for certai advertising privileges to be exercised at Roanoke Municipal (Woodrum) Airport for the period commencing as of March 1, 1973, and ending February 28, 1978, with an option to said agency to extend said contract for a period of five additional years, in consideration of which said concessionaire shall pay to the City seventy percent (70%) of the total monthly value of all contracts let by the corporation resulting from the exercise of the privileges granted in said contract; provided, es 4,c. however, that in cases in which other advertising agencies, other than ones owned or participated in by the corporation or any of its officers, contract with the corporation, the percentage paid to the City shall be fifty-five percent (55%) of the total monthly value of all contracts so let, and upon such other terms and pro- visions as are contained in that certain form of contract drawn to be entered into under date of January 23, 1973, presented to the Council, a copy of which is on file in the office of the City Clerk; and the City Manager is hereby authorized an( directed, for and on behalf of the City, to enter into and execute the aforesaid contract in writing with the aforesaid corporation respecting the advertising privileges to be exercised by said corporation as herein awarded, said contract to be first approved by the City Attorney. A TTE ST: /-'///~~ APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1973. No. 20829. AN ORDINANCE permitting the construction of a steel exit stairway on the north side of the Patrick Henry Building, Official No. 1013313, to encroach 6 feet over the south line of the public alleyway leading westerly from Jefferson Street alongside said building, upon certain terms and conditions. WHEREAS, representatives of Monterey Corporation, owner of the property designated as Official No. 1013313, on which the Patrick Henry Building is located have requested that they be permitted, in the remodeling of said building, to con- struct and maintain on the north outside wall of said building, a steel exit stair. way to extend from the 10th floor of the building to a point not less than 14 feet from the ground surface, the last flight of said stairway to be a weighted drop- down section, portions of which said stairway would encroach, as designed, six fee' over and into the south side of the 10-foot wide public alleyway alongside said building; which proposal has been referred to the City Planning Commission which has recommended to the Council that said request be approved; and WHEREAS, pursuant to the authority vested in local governing bodies by §15.1-376 of the 1950 Code of Virginia, as amended, this Council is agreeable to the owner's proposal and is willing to permit the aforesaid encroachment over the public alleyway herein described, upon the terms and conditions hereinafter contai ed. 5O THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be and is hereby qranted Monterey Corporation, owner of the Patrick Henry Buildinq, Official No. 1013313, located on the west side of Jefferson Stree between Bullitt Avenue and a lO-f, oot wide public alleyway leadinq westerly from Jefferson Street, to construct and maintain as a 6-foot encroachment over the pub- lic alleyway on the north side of said property a qlass enclosed steel exit stair- way constructed on the north wall of the aforesaid building and extending from the 10th floor thereof to a line not closer than 14 feet to the surface .of said alleyway, the last flight of the stairway to the ground to be a weighted drop-dowr section, in accordance with the plans drawn for the same by Kinsey, Motley ~ Shan Architects and Engineer, revised February ,23, 1972, entitled "Remodeling of Patri Henry Buildinq", a copy of which said plan is on file in the office of the City Clerk; all such construction to be made with approved and permitted building materials and to be constructed and safely and properly maintained at the expense of the aforesaid owner, its successors or assigns, under a building permit issued therefor by the Building Commissioner of the City of Roanoke, in accordance with such of the City's building regulations and requirements as are applicable there- to; and with payment by said owner to the City of an annual fee of $90.00 for the permit herein granted;, it to be expressly understood and agreed by said permittee that the permission herein contained is subject to the limitations contained in §15.1-376 of the 1950 Code of Virqinia, as amended, and that said permittee, by makinq and maintaining said encroachment, agrees that it and its successors and assigns will indemnify and save harmless the City of Roanoke of and from all clair for injuries or damages to property or persons that may arise by reason of such encroachment. BE IT FURTHER ORDAINED that the provisions of this or, dinance shall not become fully effective until such time as an a, ttested copy of this ordinance shal have been duly signed, sealed, attested ana acknowledged by authorized officials of said permittee and shall have been admitted to record at the expense of said permittee in the Clerk's Office of the Hustinqs Court of the City of Roanoke; and until a written permit shall have been issued by the City's Building Commissioner for the construction of the encroachment herein authorized to be maae, said per- mittee, its successors and assigns, to be required to furnish to the City of Roa- noke and to keep effective during the period of such encroachment a bond with surety in a penalty of not less than $5,000.00 or an acceptable liability insur- ance policy with limits of not less than $50,000.00, conditioned or insuring, as the case may be, against the City's loss or liability by reason of the existence of the aforesaid encroachment. A TTE ST: APPROVED Deputy City Clerk Mayor 1973. ATTEST: ACCEPTED AND EXECUTED by the undersigned this day of MONTEREY CORPORATION BY President Secretary STATE OF § § To-wit: OF § I, , a Notary Public in and for the of , do hereby certify that and , President and Secretary, respectively of Monterey Corporation, whose names as such are signed to the foregoing ordinance, have each personally appeared before me in my and State aforesaid, and acknowledged the same. GIVEN under my hand this day of , 1973. My commission expires: . Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1973. No. 20832. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improvements Fund," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~89 Oakland Elementary School (CIP - 116) ....................... $100,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: APPROVED 51 Deputy City Clerk Mayor 52 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1973. No. 20833. AN ORDINANCE to amend and reordain Section =2000, "Schools - Instruction of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 - Instructi~ ," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - INSTRUCTION =2000 *Tuition for Learning Disabled and Special Education Students ............... $3,750.00 *To be 100% reimbursed by the State Department of Education BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE~CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1973. No. 20834. AN ORDINANCE to amend and reordain Section ~92200, "Schools - Library Books and Audio-Visual Materials," of the 1972-73 Appropriation Ordinance, and providing 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 Section =92200, "Schools-Library Books and Audio-Visual Materials," of the 1972-7: Appropriation Ordinance, be, and the same is hereby, amended and reordained to re as follows, in part: . SCHOOLS - LIBRARY BOOKS AND AUDIOmVISUAL MATERIALS ~92200 *Library Books and Audio-Visual Materials ............................... $19,664.00 *to be 100% reimbursed from P. L. 89-10 funds through the State Department of Education 53 BE IT FURTHER ORDAINED that, an emerqency 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 23rd day of APril, 1973. No. 20835. AN ORDINANCE to amend and reordain Section ~85, "Electoral Board," of the 1972-73 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 ~85, "Electoral Board," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ELECTORAL BOARD ~85 Printin9 and Office Supplies (1) ............ $5,100.00 Office Furniture and Equipment - New (2) ................................... 500.00 (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: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1973., No. 20836. AN ORDINANCE to amend and reordain Section ~340, "Municipal Airport Fund of the 1972-73 Municipal Airport Fund Appropriation Ordinance, and providin9 for a: emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 54 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~340, "Municipal Airport Fund," of the 1972-73 Municipal Airport Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL AIRPORT FUND ~340 Personal Services (1) ..................... $82,294.00 Retirement Contributions a.nd ~ . Social Security (2) ..................... 10,216.00 Operating Supplies a.nd Materials (3) ........................... 5,200.00 (1) Net increase $3,680.00 (2) Net increase 516.00 (3) Net increase 500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1973. No. 20837. AN ORDINANCE to amend and reordain Section =64, "Maintenance of City Property," of the 1972-73 Appropriation Ordinance, and providing for an emergency WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~64, "Maintenance of City Property," of the 1972-73 Appropriation Ordinan, 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) ................................. $336,375.00 (1) Net increase $10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. A TTE ST: APPROVED Deputy City Clerk Mayor 55 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1973. No. 20838. AN ORDINANCE to amend and reordain certain sections of the 1972-73 Appropriation Ordinance, and 'provi'din9 for an emergency. : WHEREAS, for the usual daily operation of the Municipal Government of thel City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that eer-I rain sections of the 1972-73 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: ENGINEERING ~55 Vehicular Equipment - Replacement (1) ............................ $8,998.00 TRAFFIC ENGINEERING AND COMMUNICATIONS =57 Vehicular Equipment- Replacement (2) ............................ $3,300.00 STREET CONSTRUCTION AND REPAIR =58 Vehicular Equipment - Replacement (3] ............................ $29,750,00 MAINTENANCE OF CITY PROPERTY ;;64 Vehicular Equipment - (4) '' $3 802 O0 New e........,.......................... , . (1) Net decrease (2) Net decrease (3) Net decrease (4) Net increase .... $1o2:,oo 200.00 5OO .00 802.00 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 23rd day of April, 1973. No. 2083 9. AN ORDINANCE to amend and reordain Section ~91, "Non - Departmental," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. ¸56 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~91, "Non - Departmental," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON - DEPARTMENTAL ~91 Roanoke Area Drug Abuse Control Council ....................... $8,711.00 (Law Enforcement Grant No. 71-A1491) BE IT FURTHER ORDAINED that, an emergency existing, thi's Ordinance shal be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma yo r IN THE COUNCIL OF 'THE 'CITY 'OF 'ROANOKE, VIRGINIA, The 23rd day of April, 1973. No'. 20840.' ' AN ORDINANCE to amend and reordain Section =91, "Non - Departmental," of the 1972-73 Appropriation Ordinance, and 'providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON - DEPARTMENTAL ~91 Roanoke Area Drug Abuse Control Council .......................... $6,388.00 (Law Enforcement Grant No. 71-A553) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 57 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1973. No. 20841. AN ORDINANCE to amend and reordain Section ~290, "water- Distribution and Transmission, of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 ~290, "Water - Distribution and Transmission," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER - DISTRIBUTION AND TRANSMISSION ~290 Operating Supplies and Materials (1) .............................. $27,250.00 Utilities (2) ......... 3,750.00 Personal Servic;; iii .;~:;i~:.~.~.~.. 361,273.00 Maintenance of Buildings and Property (4) ''' 50 000 O0 eeleeeeeleeeeeeee~eee~eeeee , (1) Net decrease .... (2) Net increase (3) Net decrease (4) Net increase $75O.OO $750.00 $1o,ooo.oo $10,000,00 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 23rd day of April, 1973. No. 20842. A RESOLUTION authorizing the proper City officials to execute a written agreement between the City and the Commonwealth of Virginia, Department of Highways to be dated April 23, 1973, dealing with the adjustments of water facilities due to the construction of Route 220, Project 6220-128-105, RW-201, (Southwest Expressway) WHEREAS, because of the construction of the Southwest Expressway, desig- nated as Route 220, under Project 6220-128-105, RW-201, it is necessary to make cer. tain adjustments of the City's water facilities, the cost of which, estimated to amount to $71,971.13, will be paid for or reimbursed by the Commonwealth, and both the City Manager and the Manager of the City's Water Department have recommended the adoption of this resolution, in which recommendation this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute a certain standard form written agreement between the City and the Commonwealth of Virginia, Department of Highways, to be dated April 23, 1973, dealing with the adjustments of water facilities due to said High- way Department's construction of the new Southwest Expressway, designated as Route 220, Project 6220-128-105, RN-201, the work, with one exception, to be performed by the City but the-nonbetterment cost of which adjustments is to be borne by the State, and is estimated to be $71,971.13. ATTEST: Deputy City Clerk APPROVED IN THE COUNCIL OF~THE, CITY OF. ROANOKE, VIRGINIA, The 23rd day of April, 1973. Mayor No~. 20843. A RESOLUTION authorizing the City Attorney to represent certain members of the City's Police Department in certain civil proceedings brought against said officers, upon the said police officers' request for such representation. WHEREAS, it has been reported to the Council that a civil action for compensatory and punitive damages has been brought against H. L. Beer and J. E. Castleman, members of the City's Police Department, said action growing out of thc performance of the police duties regularly assigned said police officers, and the Council desires to provide the authorization hereinafter contained. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, upon request being made therefor by the said police officers, the City Attorney be, and he is hereby authorized to.provide legal representation for H. L. Beer an( J. E. Castleman, members of the City's Police Department, in connection with a pending civil action for compensatory and punitive damages brought against said police officers by one Robert C. Taylor, plaintiff, in the United States District Court for the Western District of Virginia. APPROVED Deputy City Clerk Mayor 59 IN THE COUNCIL 0F THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1973. No. 20844. AN ORDINANCE exercising the City's right to extend the term of a certain contract with Roanoke City Lines, Inc., successor, et cetera, dated August 1, 1951, last amended December 18, 1972 and December 26, 1972, for an extended term commenc- ing July 1, 1973, and ending September 30, 1973, relating to public bus transporta- tion; providing the City's agreement to pay to Roanoke City Lines, Inc., the sum of $5,000.00 per month on the first day of each month of the extended term; making thi~ ordinance effective notice of such extension and agreement; and providing for an emergency. WHEREAS, the City of Roanoke finds it necessary and desirable to exercise said City's right to extend the term of that certain contract between said City and Roanoke City Lines, Inc., successor in interest to Roanoke Railway and Electric Com. party and Safety Motor Transit Corporation, dated August 1, 1951, and last amended by Ordinance No. 20600 of the Council of the City of Roanoke, adopted on December 18, 1972, the provisions of which were accepted and approved by Roanoke City Lines, Inc., under date of December 26, 1972, so that the term of said contract and the effect of all of the terms, conditions and provisions contained therein continue binding upon the parties thereto for a three-month term commencing July 1, 1973, and expiring at midnight on September 30, 1973; and, in so doing, to bind and commi the City tO pay to said Roanoke City Lines, Inc., the sum of $5,000.00 on the first day of each month of said three-month extended term; 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 fol- lows: 1. That said City of Roanoke doth hereby elect to and by this ordinance does extend for a period of three months commencing July 1, 1973, the term of that certain written contract between the City of Roanoke and Roanoke City Lines, Inc., successor in interest to Roanoke Railway and Electric Company and Safety Motor Tran. sit Corporation, dated August 1, 1951, and last amended pursuant to Ordinance No. 20600, of the Council of the City of Roanoke, adopted December 18, 1972, and accept. ed, approved and endorsed by Roanoke City Lines, Inc., under date of December 26, 1972, so that the aforesaid contract of August 1, 1951, as last amended in accordan, e with the provisions of Ordinance No. 20600, aforesaid, continue and remain in effec and binding upon the parties thereto for the additional period of time commencing on July 1, 1973, and terminating at midnight, September 30, 1973; and 2. That the City of Roanoke doth hereby bind and commit said City of Roanoke to pay to Roanoke City Lines, Inc., during the period of the aforesaid ex- tended term the sum of $5,000.00 on July 1, 1973, the sum of $5,000.00 on August 1, 6O 1973, and the sum of $5,000.00 on September 1, 1973, without previous demand being made therefor. BE IT FURTHER ORDAINED that a copy of this ordinance, attested by the City Clerk, shall be and constitute written notice to Roanoke City Lines, Inc., of the City of Roanoke's election and agreement aforesaid, given as provided for in Ordinance No. 20600, aforesaid, which said attested copy of this ordinance shal be transmitted by the City Clerk to Roanoke City Lines, Inc'., atits office at 12th Street at Campbell Avenue, S. E., in the City of Roanoke, Virginia, as provided in the aforesaid ordinance. BE IT FINALLY ORDAINED that an emergency existing, this ordinance sha'll be in force and effect immediately upon its passage. A TTE ST: ~~._J.x~ APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1973. No. 20846. AN ORDINANCE to amend and reordain Section =22, "Commonwealth's Attorne of the 1972-73 Appropriation Ordinance, providing for the effective date of this Ordinance and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Se tion ~22, "Commonwealth's Attorney," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY ~22 Personal Services (1) ........................ $43,593.34 (1) Net increase $833.34 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from and after May 1, 1973. APPROVED ATTEST: Deputy City Clerk Mayor 61 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of April, 1973. No. 20845. AN ORDINANCE amending Rules 22, 23 and 38 of Sec. 5 Rules and Regulations, of Chapter 1, Water Depar%mest, Title XII Water, of the Code of the City of Roanoke, 1956, as amended, relating to the rules for the extension of water mains within andi without the City and to the extension of mains and sale of surplus water outside the corporate limits. WHEREAS, the Council's Water Resources Committee has recommended that cer~ tain Rules and Regulations for the operation of the City's water department be amended and reordained as hereinafter provided, in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Rule 22, Rule 23 and Rule 38, of Sec. 5. Rules and Reaulatio~l$, Chapter 1, Water DePart- merit, Title XII, Water, of the Code of the City of Roanoke, 1956, as amended, be and said rules are amended and reordained to read and provi~ as follows: EXTENSION OF MAINS Rule 22. This rule shall govern the extension of the water department's mains in occupied and developed areas where there are no water mains in the streets and/or roadways. The water department will extend water mains along the roads or streets in occupied and developed areas within the city to serve new customers taking service under established meter rates on the following terms and condi- tions; (a) The water department shall make an esti- mate of the cost of the proposed extension, which shall include all labor and material required, including valves, meters, booster stations, stand pipes, and/or reconstruction of existing water mains to which the proposed extension will be connected, and shall further include the water department's usual charge for supervision, engineering, insurance, tool and accounting expense. If the estimated cost of the extension for residential connection is not 9rearer than two hundred dollars, the water department will finance and make the extension. (b) If the extension is for non-residential connections, the water department will finance and make the extension providing the construc- tion cost is less than five times the estimated annual revenue to be derived from the sale of water. Such estimate shall be based on the experience of the water department from con- sumption of other customer's similarly situated. If the estimated cost of the proposed ex- tension exceeds two hundred dollars per resi- dential connection and/or five times the esti- mated annual revenue from the sale of water for non-residential connections, the applicant or applicants for service shall make a deposit, subject to adjustment based on final cost, with the water department the difference between the estimated cost and the allowance as defined above made by the Water Department. The applicant will pay for or construct the size line required but in no case less than a two-inch in diameter pipe. 62 Rule 23. (c) The customer or customers shall sign a satisfactory contract guaranteeing to the water department that they will take water service at their premises within thirty days after the water is turned into the main. This rule shall govern the extension of the water department's mains in territory which is unoccu- pied and/or not developed, where there are no water mains in the streets and/or roadways. The water department will extend its mains on the following terms and conditions: (a) The applicant for extensi~ of mains shall pay to the water department a sum of money which is equal to the estimated cost of all the labor and materials required for the proposed extension, including the water department's usual charge for supervision, engineering, insurance, tool and accounting expenses. The sum so advanced by the applicant shall be adjusted to the actual cost of the work as soon as the work and accounting are completed. (b) The water department will refund to the applicant during the first five years after the water main is installed as follows: For each residential consumer taking service from said extension under established meter rates and regular yearly contract, the sum of two hundred dollars. For each non-residential consumer taking service, a refund of five times the first year's revenue from the sale of water. During the period of time that refunds are made to the applicant, the water department will collect and retain an availability charge equal to the service connec- tion charge for each size service used that directly connects to the water line (s) installed. (c) The sum of the refunds made by the water department shall in no event exceed.the original amount paid to the water department. (d) Extensions made under this rule shall be and remain the.property of the City. (e) The water department reserves the right to further ex~end all mains laid under this rule, and consumers connected to such further extensions shall not entitle the applicant paying for original extension to a refund for the attaching of such consumer. (f) Extensions made under this rule shall be of cast-iron pipe not less than eight inches in diameter for main arteries. If the water depart- ment desires to make the extension in the pipe larger than eight inches in diameter, or larger than the size of pipe reasonably required in the judgment of the water department for water ser- vice to the community to be served, the additional cost due to the larger size of pipe shall be borne by the water department. (g) No interest will be paid by the water depart- ment on the applicant's payment under this rule. (h) The water department will not be liable for any further refunds after five years from date of application and agreement made under this rule. (i) Formal application and acceptance for ex- tension of mains under Rules 22 and 23 shall be entered into before any work can be started. 63 Rule 38. SALE OF SURPLUS WATER TO PERSONS OUTSIDE CITY LIMITS This rule shall govern the terms and conditions pursuant to which the city may sell or supply to persons, firms or industries, residing or located outside of the city limits, any surplus of water it may have over and above the amount required to supply its own inhabitants. (A) An application may be made by a person, firm or corporation to the water department, for a permit to proceed with the design of a distribution system proposed to be constructed in the public ways, without the corporate limits of the city, for the purpose of providing water service to persons, firms or corporations that occupy structures that may front on such public ways; it being contemplated that said system may be connected to the city's distribution system. The application shall contain a map or plan showing the public ways, and it shall also disclose whether the area proposed to be served by the planned distribution system is to .be residential, commercial and/or industrial. (B) Upon receiving such an application, the manager of the water department may cause a survey to be made of the over-all economic condition presented thereby and whenever and wherever such survey discloses that the con- struction of a satisfactory system is both reasonable and feasible, said manager may grant such permit, for and on behalf of the city. (C) Upon the granting of such permit, the applicant may proceed with the preparation of requisite plans for mains to be laid in accordance with the city's specifications and of sufficient sizes to furnish adequate fire protection. In no instance, however, shall the size of any main be less than eight inches normal inside diameter unless the Manager of the water department judges that there will never be a need for future connections and/or fire protection, in which case the line will be sized by the water department for actual need but in no case less than two-inches normal inside diameter. (D) Upon receipt of the application, with maps, plats, etc. of the area or property to be ser- viced, the water department will design the facilities, then one of the following will apply: 1. If it is projected that the cost of con- struction will not exceed $200.00 per residential connection and/or two and one half times the first year's revenue from the sale of water to non-resi- dential connections and it is agreed that all of the certain connections set out in a proposal to the City to be served will obtain service within 30 calendar days from the completion of the con- struction, then: (a) The City will. construct the facility at no cost to the developer or applicant, or (b) The developer or applicant de- sirin9 the service may have the facil- ity constructed and conveyed to the City and the City will refund to the developer or applicant the sum of $200.00 per residential connection and/ or for non-residential connection, two and one half times the first year's revenue from the sale of water for each meter application. No refunds will be made in excess of the construction costs. 2. If the estimated revenue as set forth in the preceding paragraph I cannot be met for any certain connection (s) under the proposal to the City to be serviced within 30 calendar days from the completion of the project, then: (a) The City will estimate the cost of construction and revenue, require a deposit of the difference in advance and construct the facility. Should the actual construc- tion cost be less or greater than the esti- mated difference between the estimated rev- enue and estimated construction cost, that is the deposit, then the City will refund to or bill additionally the difference to the developer or applicant desiring the water service, or. (b) The procedure of method (1.b.) above may apply. 3. Should the developer or applicant wish to take advantage of any subsequent water connection in addition to those he can guarantee within 30 calendar days or not wish to guarantee any connec- tions, then the developer or applicant will con- struct the water facility at his expense and convey it to the City. The City will refund to the developer or applicant $200.00 per residential connection and/ or two and one half times the first year's reve- nue from the sale of water to non-residential con- nections after each service, residential or non-res- idential, has delivered water for a period of 12 consecutive months, however, no such refunds will be made after a period of five years nor will refunds be made in excess of the original construction cost. The City will charge and retain a non-refundable availability charge equal to the service connection charge from each individual consumer desiring ser- vice during the period that refunds are being made to the developer or applicant who installs the water line. 4. The City may consider the extension of facil- ities into areas either undeveloped or areas that are already developed but served by a failing or insuf- ficient water system owned by someone or some agency other than the City provided generally that the City could reasonably expect to recover all expenses of the initial construction and/or improvements to the existing system to meet City standards within a period of five years from the sale of water and/or collecting service availability charges. In such instance the City would charge a non-refundable availability charge equal to the service connection charge for each new service connection made directly to the new construc- tion or the existing system being improved until the entire initial construction cost is recovered. No such availability charge would be charged to consumers who were being served by an existing system at the time of acquisition by the City. All such instances will be considered by individual merit by City Council. 5. (a) The size and quality of each proposed distribution system extension will be set by the City Water Department to meet the needs of the developer or applicant and fire protection, either proposed or in the future, however no water lines less than eight inches in diameter will be installed in open end streets or highways. Should the City, for projected future needs, require facilities larger in size than needed or eight inches in diameter, whichever is larger, then the City will bear the increased cost over and above that which would have been required for the developer or applicant. (b) Should pumping facilities be required, the applicant or developer will construct all such facilities according to plans approved by the City Water Department. These facilities will be sized for the actual, development, or for 100 connections whichever is greater in the case of residential de- velopments or for actual anticipated consumption and fire protection in the case of non-residential developments. When the City requires increased 65 pumping station facilities which result in an in- creased cost, the City will reimburse the developer for those increased costs. The developer's actual cost will be considered as a part of the overall water system development for refund purposes. (E) Under no circumstances shall construction be commenced until the applicant shall have executed an agreement embodying, among others, terms and conditions substantially as follows: 1. That the City agrees to furnish prospec- tive customers, residing or located without its corporate limits, only water from its surplus supply and should the City, in council's sole judgment, subsequently have insufficient treated water to fill all requirements of its own inhab- itants, the right is reserved to discontinue the delivery of water to the distribution system to be installed. 2. That the entire distribution system, in- cluding all mains, valves, hydrant laterals, services, meter box settings, requisite permanent easements, lands and all other appurtenances thereunto belong- ing are and shall be vested in the city, in fee simple, free and clear of all encumbrances whatso- ever. 3. That valved hydrant laterals shall be in- stalled at intervals no greater than five hundred feet along the mains to be installed. The water department may install a fire hy- drant on any such lateral upon the written appli- cation of the board of supervisors of the county in which said lateral is located and such board's agreement therein to pay, in advance, the installa- tion and annual rental charge provided in Part (E) of section 6 of this chapter. (F) Except where it may be otherwise provided by special contract, and except for the sale of sur- plus water made to other incorporated municipalities pursuant to Rule 39 hereof, the schedule of rates for surplus water supplied consumers residing or located without the city limits shall be one hundred per cent greater than those charged customers resid- ing or located within the city for like services; pro- vided, however, that each such individual consumer who shall use 450,000 cubic feet, or more, of water during a calendar month shall be charged and shall pay to the city a sum equal to $0.28 for each one hundred cubic feet of water so used during such month, and the schedule of charges set out in Parts A and B of section 6, following, shall not apply to such consumer. (G) The water department shall accept the applica- tions for water service of persons, firms and corpor- ations occupying structures, without the city limits, that may front on a public way in which an existing city main is located; provided, such applicants shall first pay the applicable service charges as set forth in Rule 7. (H) All applications for the purchase of water made by persons, firms or corporations, residing or located without the city limits, shall contain a provision to the general effect as follows: This is an application to purchase water from any surplus of water the City of Roanoke may have over and above the amount required to supply its own inhabitants and the applicant fully and clearly understands that the city reserves the right to discontinue to sell the applicant water at any time when, in council's sole judgment, the city may have insufficient treated water to fill all requirements of its 'own inhabitants. (I) Any person, firm or corporation, residing or located in any area beyond the corporate limits and 66 served by inadequate city mains may make application for improvements pursuant to the provisions of this rule, and such application shall be considered and treated as though no service was being supplied in such area. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of April, 1973. No. 20847. A RESOLUTION approving and adopting a certain revision and amendment of a portion of the Major Arterial Highway Plan for the City of Roanoke, dated De her, 1963, and approved by the Council by Resolution No. 16274, adopted February 15, 1965, and a similar revision and amendment of the Roanoke Valley Area Thorougt fare Plan (1985), dated 1969, and approved by the Council by Resolution No. 20678 adopted January 29, 1973. WHEREAS, application has been made to the Council of the City of Roanok, to amend the Major Arterial Highway Plan for the City of Roanoke, dated December, 1963, and approved by the Council by Resolution No. 16274, dated February 15, 196f so as to eliminate the proposed relocation of Woods Avenue at its intersection wi the west side of Franklin Road, S. W.; and WHEREAS, the Executive Committee of the Fifth Planning District Commis- sion and the City Planning Commission have ~recognized that such proposed amendmen is of less than area-wide significance; and WHEREAS, notice of a public hearing on said application has been proper given and advertised; and WHEREAS, the hearing as provided for in said notice was held on the 29t day of January, 1973, at 7:30 p.m., before the Council of the City of Roanoke, which public hearing was continued until February 26, 1973, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, the Council approved the Roanoke Valley Area Thoroughfare Plan (1985), dated 1969, which was developed and proposed by the Fifth Planning Distri t Commission, by Resolution No. 20678, at the meeting of the Council held January 2 1973, and thereafter the applicant, by Counsel, orally moved that his application be amended so as to include am~ dment of said Roanoke Valley Area Thoroughfare Plan (1985); and WHEREAS, the City Manager has recommended amendment of both said Highwa~ and Thoroughfare Plans so as to accommodate the desires of the applicant by shift- in§ the intersection of Woods Avenue, S. W., with Franklin Road, S. W., as is shown in detail on Plan No. 5378, prepared under date of February 26, 1973, in the Office of the City Engineer, and on file in the Office of the City Clerk, in which recom- mendation the Council concurs, havin9 caused notice of public hearin§ on said recom- mendation to be duly published, and said public hearin9 havin9 been held on April 30, 1973. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that that portion of the City's Major Arterial Hi§hway Plan, dated December, 1963, and approved by Council by Resolution No. 16274, adopted February 15, 1965, and that portion of the Roanoke Valley Area Thoroughfare Plan (1985), dated 1969, and approv- ed by the Council by Resolution No. 20678, adopted January 29, 1973, be and said plans are hereby revised and amended to provide that Plate 80 and Plate 37, of said Plans, respectively, be amended m that the proposed relocation of Woods Avenue at its intersection with Franklin Road, S. W., be relocated by slightly shiftin9 said intersection in a northerly direction, as shown in detail on Plan No. 5378, prepared in the Office of the City Engineer under date of February 26, 1973, a copy of which is on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded by the City Clerk to the Fifth Plannin9 District Commission for proper notation of this amendment to be noted on Plate 80 of the City's Major Arterial Highway Plan, dated December, 1963, and on Plate 37 of the Roanoke Valley Area Thoroughfare Plan (1985), dated 1969. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of April, 1973. No. 20850. A RESOLUTION prohibitin9 the issuance of buildin§ pe.rmits for all constr tion in those areas of the City defined as lyin9 within the intermediate reqional flood plain as shown on the several maps and studies of Flood Plain Information made by the U. S. Army Corps of Engineers, except such construction as may be orde ed by the Council. WHEREAS, the Plannin9 Commission 'of the City of Roanoke has advised the Council that a flood control manaqement plan for the City is under study by said body and that said Commission will compile and recommend to the Council, within approximately ninety days, comprehensive flood plain zoninq requlations for incor- poration into the City's Zonin9 Ordinance, and that the protection of the public health, safety and welfare require that, prior to the recommended adoption of said flood plain zoning regulations, all construction temporarily be prohibited in the intermediate regional flood plain, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, for the immediate protection of the public health, safety and welfare, and pendinq~ early report and recommendation by the Planning Commission of the City of Roanoke .. of comprehensive flood plain zoning regulations, the Building Commissioner of the City of Roanoke be and he is hereby directed to deny the issuance of all building permits for construction in those areas within the City lying in the "intermediate regional flood" plain as shown on the several maps contained in Flood Plain Infor- mation studies for Roanoke River, dated July 1-968, for Peters Creek and Lick Run, dated August 1968, for Tinker Creek and Carvins Creek, dated October 1970, and for Mud Lick Creek, dated February 1971, prepared and published by the Corps of Engi- neers, U. S. Army, Wilmington, North Carolina District, for the period of ninety days from May 1, 1973, except for such cons.truction as may be ordered by the Council. A TTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of April, 1973. No. 20851. AN ORDINANCE to amend and reordain Section ~51, "Life Saving Crews," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =51, "Life Saving Crews," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIFE SAVING CREWS ~51 Food, Medical and Housekeeping Supplies (1) ............................ $1,600.00 (1) Net increase $500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 69 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of April, 1973. No. 20852. AN ORDINANCE to amend and reordain Section ~500, "Sewage Treatment Fund -. Appropriations for Capital Outlay- Replacement Reserve," of the 1972-73 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. Sec- THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that tion ~500, "Sewage Treatment Fund - Appropriations for Capital Outlay- Replacement Reserve," of the 1972-73 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND - APPROPRIATIONS FOR CAPITAL OUTLAY- REPLACEMENT RESERVE ~500 Replacement Reserve (1) ..................... $57,500.00 (1) Net increase $5,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of April, 1973. No. 20853. AN ORDINANCE authorizing the City Manager to employ the services of Roy F. Weston, Inc., environmental scientists and engineers, of West Chester, Pennsyl- vania, to make a complete design assessment of the City's plans for certain long- range improvements to its sewage treatment plant, including recommendations as to adequacy of margin of capacity, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City has been directed by the State Water Control Board to submit to said Board the results of a complete design assessment, made by indepen- dent consulting sanitation engineers, of the plans for certain long-range improve- ments to the City's Sewage Treatment Plant, including the recommendations of such engineers as to the adequacy of margin of capacity of said facilities; and Roy F. Weston, Inc., environmental scientists and engineers, have submitted to the City their written proposal, made under date of April 24, 1973, to perform such service upon certain terms and provisions hereinafter contained or referred to, which pro- posal has been recommended by the Council's Water Resources Committee to be accept, and 7O WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and is hereby authorized, empowered and directed to enter into written agreement, upon form approved by the City attorney, with Roy F. Weston, Inc., environmental scientists and engineers, of West Chester, Pennsylvania, pursuant to which said engineers will agree to make a complete design assessment of the City's plans for certain long-range improvements to its Sewage Treatment Plant, including said engineer's recommendations as to adequacy of the margin of capacity of said facilities, as is directed by the State Water Control Board to be made by notice given dated November 17, 1972, and as is proposed to be made by said engineers in their proposal No. 072-91013-1266 dated April 24, 1973, said engineers to be paid for their aforesaid services on the basis of their hourly charges for personnel, plus direct expenses, as outlined in their aforesaid pro- posal, the estimated probable cost to the City of all such services being $17,500.00, and not to exceed said sum without prior written approval of the Coun- cil. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shal 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 30th day of April, 1973. No. 20856. AN ORDINANCE to amend and reordain Section ~10, "City Auditor," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section glO, "City Auditor," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY AUDITOR glO Data Processing (1) ...................... $116,100.00 Other Equipment - New (2) ................ $ 6,090.00 (1) Net decrease $3,600.00 . (2) Net increase $3,600.00 71 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 30th day of April, 1973. No. 20857. AN ORDINANCE accepting the proposal of Pizzagalli Corporation, for con- struction of all structures, piping and incidential construction and ancillary wor for comminutor chamber, suction well, comminutors, splitter box, grit basin and pr mary settling basins and sludge pumping stations, and of all structures, piping incidential construction and ancillary works for a thirty (30) million gallon basir upon certain terms and conditions, at the City's Sewage Treatment Plant, and condi- tionally awarding a contract therefor; authorizing the proper City officials to ex- ecute the requisite contract for such construction, upon receipt of approval thereo by State and Federal agencies; and providing for an emergency. WHEREAS, upon due and proper advertisement therefor, certain bids were received by the City for the construction hereinafter authorized and, upon opening before the Council at a regular meetin9 thereof held on April 23, 1973, were read and referred to a committee for tabulation, as a result of which the proposal of Pizzagalli Corporation to perform all of the work provided for in Contracts "C" and "D" as offered to all bidders was determined to represent the lowest and best bid made to the City for all such work; and WHEREAS, there has heretofore been appropriated for the purpose a sum sufficient for the payment of the contract price hereinafter provided; and WHEREAS, f or the usual daily operation of the municipal government, an emergency is deemed to exist in order that this ordinance take effect upon its pas- sage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- lOWS: 1. That the proposal of Pizzagalli Corporation dated April 16, 1973, mad to the City for the construction, under a single contract, of certain additions at the City's Sewage Treatment Plant, consistin9 of all structures, piping and inciden rial construction and ancillary work for comminutor chamber, suction well, comminu- tors, splitter box, grit basin and primary settling basins and sludge pumping stati and of all structures, piping and incidential construction and ancillary works for a thirty (30) million gallon basin, and offered to bidders as Contract "C" and Con- ns, 72 tract "D", respectively, for such treatment plant additions, in full accordance with the City's plans and specifications made therefor and as provided in the con- tract documents offered said bidders, for a gross base bid of $3,894,000.00, whichl 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 appropriated by the Council for said improvements; 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 con- tract with said Pizzagalli Corporation, based on its gross base bid aforesaid, the terms of which said contract shall be as set out in said proposal and in the con- tract documents whereon said bid was made. BE IT FURTHER ORDAI NED that, an emergency existing, this ordinance shal 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 30th day of April, 1973. No. 20858. AN ORDINANCE amending subsection (2) of Sec. 9. Management of funds, Chapter 1. General Provisions, Title III. Pensions and Retirement, of The Code of the City of Roanoke, 1956, as amended, relating to the management of funds and assets of the employees' retirement system of the City; and providing for an emer- gency. WHEREAS, the Board of Trustees of the City's Employees' Retirement Sys- tem has recommended to the Council that certain provisions made in Chapter 1, Title III of the Code of the City of Roanoke, 1956, as amended, relating to the custody and control of assets of said system, be amended as hereinafter provided as to permit of more efficient management of the affairs of the aforesaid system; and WHEREAS, for the more efficient management of the affairs of the afore- said system, a part of the municipal government, it is considered by the Comcil that an emergency exists and that the provisions hereof take effect upon the passe of this ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that subsection (2) of Sec. 9. Management of funds, Chapter 1. General Provisions, 'e Title III, Pensions and Retirement, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: (2) (a) The board shall designate one of its members, with an appropriate bond, or a bank or trust company, to be the custodian of the assets of the system. Ail payments from the funds of the system shall be made by him only upon regular vouchers signed by two persons designated by the board. A duly attested copy of a resolution of the board designating such persons and bearing upon its face specimen signatures of such persons shall be filed with the custodian as his authority for making payments upon such vouchers. No voucher shall be drawn unless it shall have been previously authorized by resolution of the board. (b) When the board shall have designated a bank to be custodian of certain or all of the assets of the system, the board may by resolution adopted by the board authorize such bank to hold all or any of the stock or registered securities of the system en- trusted to the custody of such bank in the name of a nominee of such bank, as provided in the first paragraph of §6.1-31 of the 1950 Code of Virginia as amended to January 1, ]973; and the resolution of the board providing such authorization may, further, designate the nominee of such bank in whose name such stock and securities may be so held by said bank. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall become effective upon its passa9e. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th daY of April, 1973. No. 20859. A RESOLUTION expressing the support of the Council of the concept of a community based program for alcoholic detoxification. WHEREAS, t.he City of Salem has submitted an application to the State Divi sion of Justice and Crime Prevention for a grant of funds to implement a pilot pro- gram for alcoholic detoxification and short-term residential care, to serve the Roanoke Valley; and WHEREAS, inherent in this program are alternatives to the incarceration of alcoholic offenders available to the judiciary. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council supports the concept and establishment of a community based program for the detoxification of alcoholics and for their short-term residential care, and does further express the hope that a pending grant for a pilot program for such treatmen will receive favorable action by the State Division of Justice and Crime Prevention BE IT FURTHER RESOLVED that the City Clerk do transmit a copy of this resolution to the State Division of Justice and Crime Prevention. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of April, 1973. No] 20860. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards," with the Division of Justice and Crime Prevention for an action grant of Federal funds for implementation of a dru¢ abuse prevention, treatment and control 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 pursu~ t 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. 71-A1491 for implementation of a drug abuse pre- vention, treatment and control program subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and WHEREAS, the City Manager recommends to the Council that Grant No. 71- A1491 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 fol- lOWS: 1. That Byron E. Haner, City Manager, be and he is hereby authorized t¢ accept, execute and file the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for Action Grant No. 71-A1491 for Federal funds in the amount of $8,711.00 through said Division, to be used, along with certain other State and local funds and in-kind contributions, to aid in implemen- tation of a drug abuse prevention, treatment and control program in the City, estimated to cost approximately $11,811.00; and 2. That the said City Manager be and he is further authorized and dire( ted to enter into an agreement, approved as to form by the City Attorney, with the Roanoke Area Drug Abuse Control Council to perform the services necessary to im- plement the grant project and to provide all records required, necessary and pert nent to enable the City to make such assurances, representations and agreement to conditions as are required of recipients of grants of such Federal funds and to further require a fidelity bond in favor of the said City in the premises; and 75 3. That the City Manager or his successor in office is further directed to furnish such additional information as may be required by the Division of Jus- tice and Crime Prevention in connection with the City's aforesaid acceptance of said grant or with said project. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of April, 1973. No. 20861. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improvements Fund," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND =89 CIP 15 - Municipal Service Center (1) ....... $927,090.68 (1) Net Increase $153,636.68 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor 76 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of April, 1973. No. 20862. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvements Fund," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1972-73 Appropriatio Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~89 CIP 15 - Municipal Service Center (1) ........ $1,496,824.00 REVENUE SHARING TRUST FUND (2) .................... $ 0.00 (1) Net increase- $569,733.32 (2) Net decrease- $569,733.32 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of April, 1973. No. 20863. AN ORDINANCE approving and authorizing the employment of Vosbeck Vosbec Kendrick Redinger, Architects, to prepare plans and provide professional services relating to the design and construction of a public works service center in Roa- noke, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council by report date April 23, 1973, that certain funds be appropriated and that Vosbeck Vosbeck Ken- drick Redinger, Architects, be employed upon the terms and conditions hereinafter set forth to prepare plans and provide professional services relating to the de- sign and construction of a public works service center in Roanoke, in which reporl and recommendations Council concur; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect immediately upon its passage. 77 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to engage for the City, by written agreement to be entered into on form approved by the City Attorney, the services of Vosbeck ¥osbeck Kendrick Redinger, Architects, to prepare plans and pro- vide professional services relatin§ to design and construction of a public works service center in Roanoke, said agreement to provide for said Architects to be com- pensated in an amount not to exceed, without subsequent approval of this Council, the sum of $62,000.00, for all such services satisfactorily performed, in the fol- lowing manner: a. For the Architects' basic services as described in their proposal, a sum equal to 5.22% of the construction cost of said project, said sum recognizing and making allowance to the City for entitlement to certain credits arising out of certain prior services to the City, as outlined in said Architects' letter to the City dated August 8, 1972. b. For the Architects' additional services as described in said proposal, compensation equal to Architects' employees' and principal's time computed at a multiple of two and one half (2.5) times the Direct Personnel Expense of the Arch- itects; said rates and multiples to be subject to renegotiation if such services have not been completed within eighteen (18) months of the date of the agreement. c. For expenses of the Architects defined as reimbursable expenses in their aforesaid proposal, and actually expended; all aforesaid sums to be payable at the times and under the conditions set out in the aforesaid proposal. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance 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 7th day of May, 1973. No. 20848. AN ORDINANCE permanently vacating, discontinuing and closing a certain fifteen-foot alley running generally East-West through Block 11 of Hyde Park Land Company, from 15th Street, N. W., to 16th Street, N. W. WHEREAS, Reliance Equipment Corporation, Estate of Clyde S. Fulton, Char- les W. Garlick, Grace M. Garlick, James E. Garlick and Robert W. Garlick have here- tofore 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 above-described alley, and more particularly hereinafter described, the filing of which petition due notice was given to the public as required by law; and 78 WHEREAS, in accordance with the prayers of said petition, viewers were appointed by the Council on the 20th day of February, 1973, to view the property and to report in writing whether in their opinim any inconvenience would result from permanently vacating, discontinuing and closing said alley; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk that no inconvenience would result to any individual or the public from permanently vacating, discontinuing and closing said alley; and WHEREAS, Council at its meeting on February 20, 1973, referred the peri-il tion to the City Planning Commission, which Commission in its report before Coun-!i cil on March 12, 1973, recommended that the request to close the said alley, as hereinafter described, be granted, subject to the retention by the City of any utility easements; and WHEREAS, a public hearing was held on the question before the Council at its regular meeting on April 30, 1973, after due and timely notice thereof pub- lished 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 n~ inconven- ience will result to any individual or to the public from permanently vacating, d continuing and closing the said alley, as applied for by the petitioners, subject to the retentim by the City of any public utility easements, and tho.t, according. ly, said alley should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that al of that fifteen foot alley running generally East-West through Block 11, Hyde Par Land Company, from 15th Street, N. W., to 16th .Street, N. W., in the City of Roa- noke, Virginia, more particularly described as follows: BEGINNING at a point on the westerly side of 15th Street, N. W., said point being the north- easterly corner of Lot 8, Block 11, Map of Hyde Park Land Company; thence in a general northerly direction 15 feet, more or less, to a point on the westerly side of 15th Street, N. W., said point being the southeasterly corner of Lot 16, Block 11, Map of Hyde Park Land Company; thence in a general westerly direction 400 feet, more or less, to a point on the easterly side of 16th Street, N. W., said point being the south- westerly corner of Lot 9, Block 11, Map of Hyde Park Land Company; thence in a general southerly direction 15 feet, more or less, to a point on the easterly side of 16th Street, N. W., said point being the northwes.terly corner of Lot 1, Block 11, Map of Hyde Park Land Company; thence in a general easterly direction 400 feet, more or less, to the place of BEGINNING; and BEING all of that alley running generally east- west through Block 11, Map of Hyde Park Land Company, from 15th Street, N. W.,-~to 16th Street, N. W. be, and it hereby is, permanently vacated, discontinued and closed; and all right, title and interest of the City of Roanoke and of the public in and to the same be, and they hereby are, released insofar as the Council of the City of Roanoke is em- powered so to do, except that any public utility easements located therein are hereby reserved by the City. 79 BE IT FURTHER ORDAINED that the City Enqineer be, and he hereby is, direc.- ted to mark "permanently vacated" on said alley on all maps and plats on file in his office on which said alley is shown, referrin9 to the book and pa§e 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 Hustinqs Court for the City of Roanoke, Virqinia, a certified copy of this Ordinance in order that the Clerk of said court may make proper notation on all maps or plats recorded in his office upon which are shown said alley, 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, indexinq the same in the name of the City of Roanok as qrantor and in the name of any party in interest who may request it as qrantee. APPROVED A TTE ST: ~Y Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1973. No. 20849. AN ORDINANCE amendin9 the paragraph entitled Special exceptions after ~ublic notice and hearinp by the Board of Zoninp A~peals of Sec. 7. RG-1 and RG-2. General Residential District, of Chapter 4.1. ~ of Title XV. Construction. Al- teration and Use of Land. Buildinps and O~her Str~res, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new subsection, to be designated Subsection 9. Art pallerie$, providin9 criteria for allowance of art 9alleries in the aforesaid districts as an additional special exception; and amendin9 Sec. 79.1. Interpretation of certain terms and words, of said chapter and title by the additio of a new subsection, to be designated 8.1. Art G~llery, providin9 a definition of such term. WHEREAS, the City Plannin~ Commission by report dated March 8, 1973, has recommended that the Comprehensive Zonin9 Ordinance of the City of Roanoke be amend ed by makin9 provision for art 9alleries in 9eneral residential districts, as a special exception and with certain criteria and standards to be met before such special exception be 9ranted by the Board of Zonin9 Appeals, and has further recom- mended that a definition of such art ~alleries be provided in said Zonin9 Ordinance and the Council concurs in such recommendation; and WHEREAS, a public hearin9 on said proposals was held before the Council at its meetin9 on April 30, 1973, after due and timely notice, at which hearin9 all citizens and parties were afforded an opportunity to be heard on the proposals. 80 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that paragraph entitled Special exceptions after public notice and hearino bv the Board of 'Zoning Appeals of Sec. 7. RG-1 and RG-2 General Residential districts, of Chapter 4.1, ZoDinO, Title XV, ~gnstruction. Alteration and Use of Land. Build- inq~ and Other Structures, be amended by the addition of a new subsection, to be designated Subsection 9. Art oalleries, to read and provide as follows: Art galleries, provided that such structures conform with the general character of the area and provided that at least one off-street parking space be provided for each four hundred square feet of floor space in any such art gallery. BE IT FURTHER ORDAINED that Sec. 79.1. Interpretation of certain terms and words, of said chapter and title be amended by the addition of a new subsecti to be numbered 8.1, to read and provide as follows: 8.1. Art Gallery. A place or establishment arranged for the display and exhibition of works of art and for their sale, by one or more artists; provided that no art supplies, equipment, or accessories are or may be sold or offered for sale other than with the works of art. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1.973. No. 20854. AN ORDINANCE authorizing and directing the City's execution of an agree- ment with Piedmont Aviation, Incorporated, for certain use by said corporation of the Roanoke Municipal Airport and certain of its facilities, upon certain terms and conditions, for a three (3) year period commencing as of April 1, 1972. WHEREAS, after conclusion of certain negotiations held with Piedmont Aviation, Incorporated, it has been recommended to the Council by the City's re- presentatives in said negotiations that the fees and rentals hereinafter set fort[ are reasonable to be fixed and agreed upon between the City and said corporation for the latter's use of the Municipal Airport for the period hereinafter provided and has exhibited to the Council a written Airport Use Agreement drawn as of and retroactive to April 1, 1972, proposed to be entered into between the City and said corporation, a copy of which is on file in the office of the City Clerk, approved by the City Attorney; and WHEREAS, .the form of agreement as proposed has been tendered to said Airline, who is reported to be agreeable to and willing to execute the same. 81 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be and they are hereby authorized and directed, on behalf of the City, to execute and to seal and attest, respectively, a certain Airport Use Agreement drawn and made to be entered into between the City and Pied- mont Aviation, Incorporated, under date of April 1, 1972, providing for said air- line's use of Roanoke Municipal Airport and leasing unto said airline certain rights, privileges and space at said airport for a period of three years, commencing as of April 1, 1972, and terminating March 31, 1975, at the following charges, viz: Landin9 Fee: $0.125 per 1,000 pounds of aircraft weight landed by said airline at said Airport, per month; Terminal Buildina space rental For its air-conditioned space in the Terminal Building, $4.75 per square foot per annum; For its non air-conditioned space in the Terminal Buildin9, $3.50 per square foot per annum; For basement space in the Terminal Building, $2.50 per square foot per annum; Fuel tank farm area spaces For fuel tank farm spaces in use by said Airline as of April 1, 1972, the sum of $100.00 per month. Public address system $17.50 per unit per month; and upon such other terms and conditions as are set out and contained in the afore- said Airport Use Agreement drawn under date of April 1, 1972, and on file in the office of the City Clerk, the form of which has been approved by the City Attorney i said Airport Use Agreement to be so executed on behalf of the City after the same shall have been tendered to and executed on behalf of Piedmont Aviation, Incorpor-! ated. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1973. No. 20855. AN ORDINANCE authorizing and directing the City's execution of an agree- ment with Eastern Airlines, Inc., for certain use by said corporation of the Roa- noke Municipal Airport and certain of its facilities, upon certain terms and condi-. tions, for a three (3) year period commencin9 as of April 1, 1972. WHEREAS, after conclusion of certain negotiations held with Eastern Air- lines, Inc., it has been recommended to the Council by the City's representatives in said negotiations that the fees and rentals hereinafter set forth are reasonabl~ 82 to be fixed and agreed upon between the City and said corporation for the latter's use of the Municipal Airport for the period hereinafter provided~ and has exhibited to the Council a written Airport Use Agreement drawn as of and retroactive to April 1, 1972, proposed to be entered into between the City and said corporation, a cop~ of which is on file in the office of the City Clerk, approved by the City Attorney; and WHEREAS, the form of agreement as proposed has been tendered to said Airline, who is reported to be agreeable to and willing to execute the same. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that th~ City Manager and the City Clerk be and they are hereby authorized and directed, behalf of the City, to execute and to seal and attest, respectively, a certain Airport Use Agreement drawn and made to be entered into between the City and East~i ern Airlines, Inc., under date of April 1, 1972, providing for said airline s use ~ of Roanoke Municipal Airport and leasing unto said airline certain rights, privil~ eges and space at said Airport for a period of three 'years, commencing as of April 1, 1972, and terminating March 1, 1975, at the following charges, viz: Lnndina Fee: ~..' $0.125 per 1,000 pounds of aircraft weight landed by said airline at said Airport, per month; Terminal Buildino space rental For its air-conditiOned space in the Terminal Building, $4'.75 per square foot per annum; For its non-air-conditioned space in the Terminal Building, $3.50 per square foot per annum; Public address system $17'50 per unit per month; and upon such other terms and conditions as are set out and contained in the afore- said Airport Use Agreement drawn under date of April 1, 1972, and on file in the office of the City Clerk, the form of which has been approved by the City Attorne said Airport Use Agreement to be so executed on behalf of the City after the same shall have been tendered to and executed on behalf of Eastern Airlines, Inc. ATTEST: Deputy City Clerk A P P ROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1973. No. 20864. A RESOLUTION approving a certain Amendment, being Amendment No. 4, to the Redevelopment Plan for the Kimball Redevelopment Project, Project No. VA. R-4 located in the northeast section of the City of Roanoke, Virginia. 83 WHEREAS, the Council of the City of Roanoke, Virginia, by Resolution No. 18344 adopted on the 7th day of October, 1968, approved the Redevelopment Plan for the Kimball Redevelopment Project, Project No. VA. R-46, located in the northeast section of the City of Roanoke, virginia, a copy of which said Redevelopment Plan was directed by said Resolution to be filed by the City Clerk with the minutes of said meeting of Council; and WHEREAS, the Council of the City of Roanoke, Virginia, by Resolution No. 20236, adopted on the 1st day of May, 1972, approved Amendment No. 1 to the Redevel- opment Plan for the Kimball Redevelopment Project, Project No. VA. R-46, located in the northeast section of the City of Roanoke, Virginia, a copy of which amended Redevelopment Plan was directed by said Resolution to be filed by the City Clerk with the minutes of said meeting of Council; and WHEREAS, the Council of the City of Roanoke, Virginia, by Resolution No. 20297, adopted on the 5th day of June, 1972, approved Amendment No. 2 to the Rede- velopment Plan for the Kimball Redevelopment Project, Project No. VA. R-46, located: in the northeast section of the City of Roanoke, Virginia, a copy of which said amended Redevelopment Plan was directed by said resolution to be filed by the City Clerk with the minutes of the said meeting of Council; and WHEREAS, the Council of the City of Roanoke, Virginia, by Resolution No. 20469, adopted on the 28th day of August, 1972, approved Amendment No. 3 to the Redevelopment Plan for the Kimball Redevelopment Project, Project No. VA. R-46, located in the northeast section of the City of Roanoke, Virginia, a copy of which said amended Redevelopment Plan was directed by said Resolution to be filed by the City Clerk with the minutes of the said meeting of Council; and WHEREAS, the Council of the City of Roanoke, Virginia, by Resolution No. 20673, adopted on the 22nd day of January, 1973, approved Amendment No. 5 to the Redevelopment Plan for the Kimball Redevelopment Project, Project No. VA. R-46, located in the northeast section of the City of Roanoke, Virginia, a copy of which amended Redevelopment Plan was directed by said Resolution to be filed by the City Clerk with the minutes of the said meeting of Council; and WHEREAS, Amendment No. 4 to the Redevelopment Plan for the Kimball Rede- velopment Project, Project No. VA. R-46, entails changes in landscaping and screen- ing requirements, curb cut standards, underground utilities and parking space re- quirements; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority did approve said Amendment No. 4 by Resolution adopted on the 23rd day of April, 1973, and thereby recommended to the City Council that the Kimball Redevelopment Project be amended as hereinafter set forth; and WHEREAS, the Cit.y Planning Department, which is duly designated and act- ing official planning body for the City, has submitted to the Council its report and recommendations respecting the Redevelopment Plan for the Urban Renewal area and has certified that the Redevelopment Plan conforms to the General Plan for the City as a whole, and the Council has duly.considered the report, recommendations and certification of the planning body. NOW, THEREFORE, BE IT RESOLVED, that Amendment No'. 4 .to the Redevelopmer Plan for the Kimball Redevelopment Project, Project No VA'. R-46, said amendment being as follows: CUrb Cuts: Driveways leading from public streets shall be in conformity with City of Roanoke Standards in so much as size, location and design, except that no part of a driveway leading from a public street shall be nearer than three feet to a fire hydrant or catch basin at the curb line. LandscaDina: Any land in the project area not covered by paving or structures shall be landscaped with trees and other planting, providing however, that not less than 10 percent of the land not covered by structures shall be landscaped. Areas which are within street rights-of-way but used for street or sidewalk pavements shall be paved or landscaped. Screenina: All building accessories located on the roof or site of the development shall be screened to be com- patible with the structure. Underground Utility Line~: Utility lines will be required to be underground and located within the public right-of- way, public utility easements and easements granted by private developers. Off-Street Parkina will be supplied in the amount of 1 space for each 30~ square feet of floor area except that bowling alleys shall provide 5 spaces for each alley, hotels and motels shall provide 1 space for each rental unit, theaters shall provide 1 space for each 5 seats, and industrial uses shall provide 1 space for each employee in the peak shift. be and is hereby APPROVED. BE IT FURTHER RESOLVED, that the Revised Plan entitled "Redevelopment Plan, Kimball Redevelopment Project, Project No. VA. R-46, April, 1973" reflectin~i said Amendment No. 4, having been duly reviewed and considered, is hereby approve~? and the City Clerk be and is hereby directed to file said revised copy of the !il !i !i Redevelopment Plan with the minutes of this meeting. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1973. No. 20865. AN ORDINANCE to amend and reordain Section =69, "Sanitation Division," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Se tion ~69, "Sanitation Division," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 85 SANITATION DIVISION =69 Fees for Professional and Special Services ........................... $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 7th day of May, 1973. No. 20866. AN ORDINANCE to amend and reordain certain sections of the 1972-73 Appro- priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that cer- tain sections of the 1972-73 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: STREET CONSTRUCTION AND REPAIR ~5B Supplies and Materials - Construction (1) ........................ $89,000.00 Overtime (2) ............................. 3,200.00 (1) Net decrease $1,000.00 (2) Net increase 1,000.00 SEWER CONSTRUCTION AND MAINTENANCE ~67 Supplies and Materials - Construction (1) ........................ $47,200.00 Overtime (2) ............................. 5,200.00 (1)Net decrease (2)Net increase CITY ATTORNEY ~4 $1,500.00 1,500.00 Personal Services (1) .................... $69,892.00 Printing and Office Supplies (2) ............................ 1,800.00 (1) Net decrease (2) Net increase $400.00 - 400.00 BE IT FURTHER ORDAINED that, an emerqency existin§, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 86 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1973. No. 20867. AN ORDINANCE to amend and reordain Section =440, "Civic Center Fund - I, Administrative Expenses," of the 1972-73 Civic Center Fund Appropriation Ordinaned!, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1972-73 Civic i. Center Fund Appropriation Ordinance, be, and the same is hereby, amended and reor- dained to read as follows, in part: CIVIC CENTER FUND - ADMINISTRATIVE EXPENSES ~440 Maintenance of Buildings and Property (1) ............................. $ 6,500.00 Medical and Housekeeping Supplies (2) ............................. 13,000.00 (1) Net decrease -$2,500.00 (2) Net increase 2,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shalli 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 May, 1973. No. 20868. AN ORDINANCE to amend and reordain Section ~45, "Police Department," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT ~45 Office Furniture and Equipment - New (1) ..................... $3,080.66 Printing and Office Supplies (2) ............................ 7,789.49 Other Equipment - New (3) ................................. 1,083.00 87 (1) Net decrease (2) Net decrease (3) Net increase- ............ $103.49 110.51 214.00 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 May, 1973. No. 20869. AN ORDINANCE accepting and agreeing to an addendum to the City's contract with Jeffrey Manufacturing Company dated April 20, 1973, for the furnishing of cer- tain equipment for the City's Sewage Treatment Plant, Item III under Contract "B" - Primary equipment; and providing for an emergency. WHEREAS, the Jeffrey Manufacturing Company, of Columbus, Ohio, upon enter- ing into the contract with the City of Roanoke authorized to be entered into by Ordinance No. 20621, proposed and made as a stipulation therefor that provisions made and contained in said contract relating to the time and method of payment for the equipment to be supplied under the contract, for the term of the warranty to be given by said supplier and provisions made for services of the supplier's represen- tatives at the job site be modified or amended as hereinafter provided, by a written addendum to said contract, made to become a part thereof; and WHEREAS, the City Manager, reporting such matters to the Council under date of May 7, 1973, has recommended that the proposed modifications of said terms of the aforesaid contract are justifiable and reasonable and will neither delay the performance of the contract by said supplier nor result in increased cost to the City or State or Federal agencies participating with the City in the premises, and should be accepted; and the City Attorney has advised the Council that the proposed agreement may, properly, be entered into, should the Council so desire; and WHEREAS, no additional funds need be appropriated by the Council as a result of the agreement herein 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 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, thalt certain written agreement with Jeffrey Manufacturing Company, as an addendum to the!! ¸88 written contract between said City and said company dated April 20, 1973, made pursuant to the provisions of Ordinance No. 20621, and upon form approved by the City Attorney, the provisions of which shall be, generally as follows, viz: 1. That the contractor will invoice to the City on a monthly basis for 90% of the value of materials shipped. Such invoices shall be due net 30 days fro~ invoice date; the remaining 10 % of the total contract value will be invoiced upon final shipment, and shall be due upon receipt, but not to exceed 180 days from date of final shipment; 2. That the warranty for the materials supplied under the contract will be as follows: For a period of six months from date of first beneficial use by the City, the contractor will supply replacement materials for any component found to be defective, F.O.B. shipping points, freight prepaid; and 3. That the terms of the contract include the services of contractor's representative for five days at the job site. Should field service of the contrac. tot in excess of five days be required, contractor will supply same at the rate of $125.00 per diem plus travel costs, to be paid by the City. BE IT FURTHER ORDAINED that, an emergency existi rig, this Ordinance shall be in force and effect upon its passage. APPR OVED ATTEST: ~~ Dep t~ty City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1973. No. 20870. A RESOLUTION approving the City Manager's issuance of Change Order No. 1 in connection with the City's contract for the construction of phosphorus removal facilities at the City's Sewage Treatment Plant. WHEREAS, the City Manager, in report to the Council dated May 7, 1973, has recommended that the Council approve the issuance of a change order to the City's agreement with English Construction Company, Incorporated, for construction of phosphorus removal facilities at the City's Sewage Treatment Plant, so as to provide for an extension of sixty days io the contract time, the bonus-penalty clause to apply at the end of such extended time, such extension being made neces- sary due to unusually wet weather conditions having impeded normal construction; a~d 89 WHEREAS, the Council is of opinion that the change proposed is desirable and, accordingly, concurs in said proposal. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on be- half of the City, Change Order No. 1, to the City's contract with English Construc- tion Company, Incorporated, for construction of phosphorus removal facilities at the City's Sewage Treatment Plant, said change order to provide for amendment of the City's contract with the aforesaid corporation by extending the contract time by sixty days, the bonus-penalty clause to take effect as of said extended date, such extension of time to be at no change in the basic contract price. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1973. No. 20871. A RESOLUTION requesting the State Highway Commissioner to acquire the ver, necessary rights-of-way for Project U000-128-106, R/W 201, being for the Jefferson i Street Bridge over the Norfolk and Western Railway Company tracks and Roanoke Ri within the corporate limits of the City; and agreein9 to reimburse the Commonwealth of Virginia for fifteen percent (15%) of all costs incurred in such acquisition. WHEREAS, Section 33.1-89 of the Code of Virginia, 1950, as amended, autho~ rizes the State Highway Commissi~ er to acquire rights-of-way for the construction, alteration, maintenance and repair of public highways within municipalities on pro-I jects which are constructed with State or Federal participation; and WHEREAS, said Section 33.1-89, as amended, 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 riqhts-of-way for Project U000-128-106, R/W 201, being for the Jefferson Street Bridge over the Norfolk and Western Railway Company tracks and Roanoke River, within the corporate limits of said City, and agrees that the City of Roanoke will reim- burse to the Commonwealth of Virginia Department of Highways fifteen-percent (15%) of all costs incurred in the acquisition of such rights-of-way and it is understood 90 that such acquisitions will be handled by the Commissioner under established cies and procedures and his decision in all instances shall be final. A TTE ST: Deputy City Clerk APPROVED Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1973. No. 20872. poli-i A RESOLUTION requesting the State Highway Commissioner to acquire the necessary rights-of-way for Project No. U000-128-102 R/W 201, being Thirteenth Street, S. E., from giverdale Road, S. E., to Dale Avenue, S. E., within the cor- porate limits of the City; and agreeing to reimburse the Commonwealth of Virginia for fifteen percent (15%) of all costs incurred in such acquisition. WHEREAS, Section 33.1-89 of the Code .of Virginia,. 1950, as amended, au- thorizes the State Highway Commissioner to acquire rights-of-way for the construc- tion, alteration, maintenance and repair of public highways within municipalities on projects which are constructed with State or Federal participation; and WHEREAS, said Section 33.1-89, as amended, further provides that the State Highway Commissioner may exercise such authority only upon receipt of offi- cial request from the city or town involved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that sa Council hereby requests the State Highway Commissioner to acquire the necessary rights-of-way for Project No. U000-128-102 R/W 201, being Thirteenth Street, S. E from Riverdale Road, S. E. to Dale Avenue, S. E., within the corporate limits of the City, and agrees that the City of Roanoke will reimburse the Commonwealth of Virginia Department of Highways for fifteen percent (15%) of all costs incurred in the acquisition of such rights-of-way and it is understood that such acquisi- tions will be handled by the Commissioner under established policies and procedure and his decision in all instances shall be final. APPROVED ATTEST: Deputy City Clerk Mayor 91 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1973. No. 20873. A RESOLUTION requesting the State Highway Commissioner to acquire the necessary rights-of-way for Project 0024-128-103, R/W 201, being U. S. Route 24 between Eleventh Street, S. E., and Nineteenth Street, S. E., within the corporate limits of the City; and agreeing to reimburse the Commonwealth of Virginia for fif- teen percent (15%) of all costs incurred in such acquisition. WHEREAS, Section 33.1-89 of the Code of Virginia, 1950, as amended, autho- rizes the State Highway Commissioner to acquire rights-of-way for the construction, alteration, maintenance and repair of public highways within municipalities on pro- jects which are constructed with State or Federal participation; and WHEREAS, said Section 33.1-89, as amended, further provides that the State Highway Commissioner may exercise such authority only upon receipt of officiail 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 0024-128-103, R/W 201, being U. S. Route 24 between Eleventh Street, S. E., and Nineteenth Street, S. E., within the corporate limits of the said City, and agrees that the City of Roanoke will reimburse the Commonweali!th of Virginia Department of Highways for fifteen percent (15%) of all costs incurred ! in the acquisition of such rights-of-way and it is understood that such acquisitioqs will be handled by the Commissioner under established policies and procedures and his decision in all instances shall be final. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1973. No. 20874. AN ORDINANCE authorizing the City's execution of an agreement with Appa- lachian Power Company providing for the construction of a 60-foot wide public stree or road from 9th Street, S. E., to the property line of said Company, in the Roanok Industrial Center complex, upon certain terms and conditions; authorizing the City acceptance of a deed of conveyance of the right-of-way therefor, and of a certain easement in land adjacent to said right-of-way; directing the City Manager to pro- ceed with the advertisement and receipt of bids for the construction of said road; and providing for an emergency. 92 WHEREAS, by Resolution No. 20605, adopted December 18, 1972, the Council approved, generally, the construction of a 60-foot wide public road or street from 9th Street, S. E., to the property line of Appalachian Power Company, the cost of such construction to be apportioned between the City and said Company, as is more particularly set out in said Resolution; and WHEREAS, a form of agreement confining the conditions under which said construction would be accomplished, including conveyance of the necessary right- of-way, and the basis of apportioning the cost of construction, as well as the form of a deed of conveyance have been prepared by said Company, copies of which are 'on file in the office of the City Clerk, and recommended by the City Manager for approval 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 as fol- lOWS: 1. That the City Manager and City Clerk be and they are hereby authori zed to execute and to attest, on behalf of the City, that certain agreement dated March 21, 1973, a copy of which is on file in the office of the City Clerk, be- tween Appalachian Power Company and the City providing for the construction of a 60-foot wide public street or road from 9th Street, S. E., to the property line ot said Company, and providing, iDter alia, for the basis of apportionment of the cost of such construction between the parties, thereto; and 2. That the proper City officials be and are hereby authorized, upon delivery thereof, to accept and, upon approval as to form by the City Attorney, t( record in the appropriate Clerk's Office, that certain deed of conveyance, a copy of which is on file in the office of the City Clerk, dated March 21, 1973, betwee~ Industrial Development ~ Investment Co., and others, and the City, conveying to the City the right-of-way necessary for the construction of said 60-foot wide road, and a certain easement in land adjacent thereto; and 3. That the City Manager is hereby authorized to proceed to publicly advertise and receive bids for the construction of said road or street, such ad- vertisement to contain reservation of the City's right to reject any and all bids received, and to contain provisim that said bids may not be withdrawn for a per- iod of thirty days following their opening. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shal be in effect from its passage. A TTE ST: APPROVED Deputy City Clerk Mayor 93 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1973. No. 20875. A RESOLUTION recommending and urging participation by the Department of Highways in the cost of the Roanoke Regional Area Technical Transit Study being undertaken for the City by Wilbur Smith and Associates, Consulting Engineers and Planners. WHEREAS, by Ordinance No. 20751, heretofore adopted on March 12, 1973, t~e Council authorized the employment of the firm of Wilbur Smith and Associates, Con- sulting Engineers and Planners, for the purpose of preparing a comprehensive Regional Area Technical Transit Study for the Roanoke metropolitan area, at a cost of $33,000.00; and WHEREAS, the City Manager has advised the Council that certain monies may be made available by the Virginia Department of Highways to aid the City in the funding of said study on the basis of 85% State funds and 15% City funds, s THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that thi Council does hereby recommend and urge the Department of Highways of the Common- wealth of Virginia to participate in the funding of the total cost to the City, said total cost being $33,000.00, of the Roanoke Regional Area Technical Transit Study, being made by the firm of Wilbur Smith and Associates, Consulting Engineers and Planners, on the basis of 85% State funds and 15% City funds. BE IT FURTHER RESOLVED that the City Manager do transmit an attested copy of this resolution to the Department of Highways of the Commonwealth of Virginia, as evidence of the request of the City herein contained, to which said resolution shall be attached a copy of the proposal of Wilbur Smith and Associates, dated Feb- ruary, 1973, made to the City for said Technical Transit Study and a copy of the agreement dated March 13, 1973, between said consulting engineers and planners and the City, providing for said study and report. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1973. No. 20876. A RESOLUTION authorizing and directing that Robert M. Hancock, a member of the Fire Department who is unable to perform his regular duties by reason of pe 94 sonal injury received in line of duty, be paid his regular salary for an additional period of sixty (60) days beginning May 16, 1973, and that William L. Bowling, a member of the Police Department who is unable to perform his regular duties by reason of personal injury received in line of duty, be paid his regular salary for an additional period of sixty (60) days beginning May 21, 1973. WHEREAS, Resolution No. 4748, adopted on the 28th day of February, 1936,.~ provides that employees of the Police and Fire Departments, absent from duty by reason of personal injuries received in line of duty, be paid their regular salar- ies for a period not exceeding sixty (60) days, the said payments to be in lieu of any other compensation paid by the City, provided, however, that the Council o the City of Roanoke may consider paying employees injured in line of duty for additional time absent from their regular duty, but in no event will payment be made until authorized by Council; and WHEREAS, Robert M. Hancock, a member of the Fire Department, was injure in line of duty on November 19, 1972, and, as a result of this injury, was unable to perform his regular duties for said sixty-day period and may be unable to per- form said duties for, at least, an additional period of sixty (60) days; and WHEREAS, William L. Bowling, a member of the Police Department, was in- jured in line of duty on May 27, 1972, and as a result of this injury, was unable to perform his regular duties for said sixty-day period and may be unable to per- form said duties for, at least, an additional period of sixty (60) days; and WHEREAS, the City Manager has recommended that Assistant Fire Chief Robert M. Hancock be paid his regular salary for an additional sixty-day period, and has recommended that Officer Bowling be paid his regular salary for an addi- tional sixty-day period, in which recommendations this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Robert M. Hancock, a member of the Fire Department who is unable to perform his regular duties by reason of personal injury received in line of duty, be paid his regular salary for an additional period of sixty (60) days beginning May 16, 1973 or such portions thereof as his disability continues. BE IT FURTHER RESOLVED that William L. Bowling, a member of the Police Department who is unable to perform his regular duties by reason of personal inju y received in line of duty, be paid his regular salary for an additional period of sixty (60) days beginning May 21, 1973, or such portions thereof as his disabilit continues. ATTEST: APPROVED Deputy City Clerk Mayor 95 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1973. No. 20877. AN ORDINANCE acceptin9 a proposal of Electralarm Systems, Inc., for pro- vidin§ and installinq a complete bur§lar alarm panel in the City's Communication's Center; authorizin9 the proper City officials to execute the requisite contract; rejectin9 certain other bids made to the City; and providin9 for an emerqency. WHEREAS, at a meetin9 of the Council held on April 16, 1973, and after du. and proper public advertisement had been made therefor, five (5) bids for the supply of the equipment hereinafter described were opened and read before the Coun- cil, whereupon said bids were referred to a committee appointed by the Council to tabulate and study said bids and to make report and recommendation thereon to the Council; and WHEREAS, said committee has reported to the Council in writinq its tabula tion and recommendations on said bids, from which it appears to the Council that the proposal hereinafter accepted, while not the lowest bid, represents the best bid, which fully meets all of the City's specifications, made to the City for the supply of the equipment hereinafter described and should be accepted; and that the other said bids should be rejected; and funds sufficient to pay the purchase price of said equipment have been or are contemporaneously bein9 appropriated by the Court cil for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal qovernment that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Electralarm Systems, Inc., made to the City offerinq to furnish all labor and materials necessary for the installation of a complete and operatin9 burqlar alarm panel in the City's municipal communications control center, fully meetinq al of said City's specifications and requirements made therefor, for a total net pur- chase price of $24,820.90, cash, be and said bid is hereby ACCEPTED; and the City Manaqer and the City Clerk be, and they are hereby authorized and directed for and on behalf of the City to execute, seal and attest, respectively, a requisite con- tract with the aforesaid bidder, incorporatinq into said contract the City's afore- said specifications, the terms of said bidder's proposal, and all quarantees and warranties, and the terms and provisions of this ordinance; the form of which said contract shall be approved by the City Attorney; the cost of said equipment, when delivered, to be paid out of funds appropriated for the purpose; and upon acceptanc by the City of the aforesaid equipment, the City Auditor shall be, and he is hereby authorized and directed to make requisite payment to said successful bidder of the aforesaid price, not to exceed the sum hereinabove set out. 96 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 appre clarion of said bids. 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 7th day of May, 1973. No. 20878 . AN ORDINANCE to amend and reordain Section ~57, "Traffic Engineering and Communications," of the 1972-73 Appropriation Ordinance, and providing for an emer gency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~57, "Traffic Engineering and Communications," of the 1972-73 Appropriatio Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRAFFIC ENGINEERING AND COMMUNICATIONS =57 Other Equipment - New (1) ................. $98,065.00 (1) Net increase $6,000.00 BE IT FURTHER ORDAINED that, an emerqency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 9? IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1973. No. 20879. AN ORDINANCE to amend and reordain Section ~550, "Sewaqe Treatment Capita Improvements Fund," of the 1972-73 Sewaqe Treatment Fund Appropriation Ordinance, and providin9 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 Sec- tion ~550, "Sewage Treatment Capital Improvements Fund," of the 1972-73 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and re- ordained to read as follows, in part: SEWAGE TREATMENT CAPITAL IMPROVEMENTS FUND ~550 Sewage Treatment Plant Expansion- 832 ........................... $3,963,750.00 BE IT FURTHER ORDAINED that, an emer§ency 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 May, 1973. No. 20880. AN ORDINANCE to amend and reordain Section =22, "Commonwealth's Attorney of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1972-73 Appropriation Ordinance, be and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY ~22 Communications (1) ........................ $1,890.00 (1) Net increase -$90.00 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 98 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1973'~ No AN ORDINANCE to amend and reordain Section ~2, lerk, of the 1972-73 appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1972-73 appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CLERK Printing and Office ~.,-, ;..~; ....... Supplies (1) ............................... $8,650.00 (1) Net increase ....... $900.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1973'~ No. 20882'~. AN ORDINANCE authorizing and empowering the Mayor of the City of Roanok. and the City Clerk, for and on behalf of the City of Roanoke, Virginia, to enter into and execute a certain Revised Cooperation Agreement with the City of Roanoke Redevelopment and Housing Authority, bearing date of May 14, 1973, carrying into effect the Redevelopment Plan for the City of Roanoke designated Redevelopment Pla for the Kimball Redevelopment Project, Project No. VA. R-46', and providing for an emergency. WHEREAS, by Resolution No. 18359 adopted by the Council of the City of Roanoke on October 14, 1968, the Council of the City of Roanoke authorized and directed that an Agreement by and between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke be executed; and WHEREAS, by Resolution N°. 18878 adopted by the Council of the City of Roanoke on September 8, 1969, the Council of the City of Roanoke authorized and directed that a Supplemental Agreement by and between the City of Roanoke Redevel- opment and Housing Authority and the City of Roanoke be executed; and 99 WHEREAS, the Council of the City of Roanoke has approved a Redevelopment Plan prepared by the City of Roanoke Redevelopment and Housing Authority for the area in a northeast section of the City of Roanoke and designated as the "Redevel- opment Plan for Kimball Redevelopment Project, Project No. VA. R-46,"consisting of the abovetitled plan and five (5) certain amendments thereof; and WHEREAS, the Council of the City of Roanoke is desirous of assisting and cooperating with said Authority in carrying said Plan into effect and, accordingly deems it necessary and appropriate to enter into a new Revised Cooperation Agreemen with said Authority in lieu of and superseding the aforesaid Cooperation Agreement of October 14, 1968 and the Supplemental Cooperation Agreement of September 8, 1969 and WHEREAS, such Revised Cooperation Agreement has been prepared under date of May 14, 1973, and exhibited to the Council, a copy of which is on file in the office of the City Clerk, the effect of which said Agreement is in part to obligate the City to its one-third share of the net cost of said project said one-third shat being in the sum of $1,843,821'.00, and which Revised Agreement enumerates and des- cribes the local grants-in-aid applicable to said project as well as certain costs to be incurred by the City relative to said project but which are not eligible as local grants-in-aid, and fixes the estimated credit or amount applicable to each said item, all of which estimated credits aggregate the total sum of $1,489,040, a cash payment of $354,781, and estimated ineligible costs aggregate the total sum of $303,866, and estimated off-site costs aggregate the total sum of $64,307; and WHEREAS, the revised agreement herein authorized to be entered into com- mits the City to pay to said Authority the sum of $157,361 on or before September 30, 1973, and there has been appropriated by the Council a sum sufficient for such payment; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby declared to exist in order that this Ordinance may take effect upon its passage. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That, in order to carry into effect the amended Redevelopment Plan prepared by the City of Roanoke Redevelopment and Housing Authority, designated "Redevelopment Plan Kimball Redevelopment Project, Project No. VA. R-46," this Council doth hereby approve that certain Revised Cooperation Agreement for the Kimball Redevelopment Project, Project No. VA. R-46, between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority drawn under date of May 14, 1973, a copy of which is on file in the office of the City Clerk, the effect of which is to obligate the City to its one- 100 third share of the net cost of said Project in the sum of $1,843,821, aid which enumerates and describes the local-grants-in-aid applicable to said project as well as certain costs to be incurred by the City relative to said project but which are not eligible local grants-in-aid, and fixes the estimat- ed credit or amount applicable to each said item, all of which said estimated credits aggregate the total sum of $1,489,040 and which estimated ineligible cost aggregate the total sum of $303,866, and which estimated off-site costs aggregate the total sum of $64,307; said Revised Cooperation Agreement to have the further effect of superseding and of merging thereinto the Cooperation Agreement dated October 14, 1968, and the Supplemental Cooperation Agreement dated September 8, 1969, heretofore entered into between said parties in connection with said Project. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance be in force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor REVISED COOPERATION AGREEMENT KIMBALL REDEVELOPMENT PROJECT PROJECT NO. VA. R-46 ROANOKE, VIRGINIA THIS AGREEMENT, entered into tkis 14th day of May, 1973, by and between the City of Roanoke Redevelopment and Housing Authority, a duly organized and existinq body politic of the Commonwealth of Virginia, (hereinafter called the "Authority"), and the City of Roanoke, a municipal corporation of the Commonwealth of Virginia, (hereinafter called the "City"). WITNESSETH THAT: WHEREAS, by Resolution adopted on May 7, 1973, the Council of the City approved a Redevelopment Plan adopted by the Authority, designated "Redevelopment Plan, Kimball Redevelopment Project, Project No. VAk R-46, Amendment No. 4, April 1973; and WHEREAS, said Plan'contemplates that the acquisition by the Authority of land within the project area as shown on the "Land Acquisitbn and Boundary Map' attached thereto as Map No. RP-2, the clearance of the improvements thereon and the sale and reuse of portions thereof for Commercial, and Industrial purposes, which uses have been determined by the City to be in accordance with the general 101 plan for the City as a whole and in accordance with certain definite local objectives as to appropriate land use, all as set forth in said Plan; and WHEREAS, in order for the Authority to effectuate said Plan, the assis- tance of both the Federal Government and the City is required; namely, of the Fed- eral Government by lending funds needed to defray the gross cost of the Project, and upon completion of the Project and repayment of such loan, by contributing two-thirds of the net cost of the Project; and of the City by making certain local grants-in-aid (as specified in Title I of the Housing Act of 1949, as amended), as hereinafter provided, in a total amount equal to one-third of the net cost of the project; and WHEREAS, the Authority has applied to the Federal Government for financia assistance under said Title I, and it now devolves upon the City to take certain actions and to provide certain grants-in-aid which are estimated, on the basis of surveys and plans heretofore made by the Authority, to be required in the total amount of $1,843,821, to satisfy the City's one-third share obligation, and it appears that the City is entitled to a non-cash grant-in-aid credit in the amount of $1,444,190 and a tax credit in the amount of $44,850 toward this obligation, making the City's total local cash share of the Project the sum of $354,781. NOW THEREFORE, in consideration of the benefits to accrue to the City and its citizens from the Project, and of the mutual covenants hereinafter set forth, the Authority and the City agree as follows: I. In order to assist the Authority in undertaking the Project, the City agrees to make the following grants-in-aid to the Authority: 1. Cash Grants-in-Aid 2. Non-Cash Grants-in-Aid 3. Real Estate Tax Credits Total City Grants-in-Aid $ 354,781 1,444,190 44.850 $1,843,821 With respect to the aforesaid City grants-in-aid, it is agreed as follows: A. Cash Grants-in-Aid The City agrees to pay the Authority the sum of $157,361 in cash by September 30, 1973, it being agreed and under- stood tha~ the City's total cash grants-in-aid obligation for said Project amounts to the sum of $354,781, of which said sum $197,420, cash, has heretofore been paid by the City to said Authority. B. Non-Cash Grants-i~-Ai4 In arriving at the sum of $1,444,190, the following credits have been allowed against the City's obligation of $1,843,821: 1. Credit for Donatio~ of La~d The City agrees to transfer to the Authority certain land in the Project Area in fee simple, free and clear of all encumberances, without cost to the Authority 102 and within a reasonable time after request thereof by the Authority in order to facilitate carrying out the Plan and shall be credited with the fair market value presently estimated to be $162,150. Said land is identified as Parcels No. 2-1; 3-8; 3-17A; 5-1; 5-6; 6-4; .12B-l; 18-1; 21-1; as shown on the "Property Map" (Map No. SD-4). Credit for Demolition and Removal Work The Authority agrees to give the City non-cash grant-in-aid credit in the amount of $9,725 for monies expended by the City for the removal of water meters in the area. Credit for Project Improvements The Authority agrees to give the City non-cash grants-in-aid credit in the amount of $255,930 for monies expended by the City and the State for certain Project Improvements as shown below: ITEM TOTAL PERCENT NON-FEDERAL ELIGIBLE CREDIT Orange Avenue High- $511,860 50% $255,930 way ~ Storm Drainage TOTAL CREDIT $255,930 4. Credit for SuDDortinq Facilities The Authority agrees to give the City non-cash grant-in-aid credit in the amount of $91,680 for monies expended by the City and the State for certain improvements considered supporting facilities as shown below: TOTAL PERCENT ITEM NON-FEDERAL ELIGIBLE CREDIT Orange avenue Bridge $179,220 50% $ 89,610 Off-Site Improvements: Water 1,035 100% 1,035 Sanitary Sewer 3,965 Varies 1,035 Storm Drainage 27,375 ...... O-- TOTAL CREDIT $91,680 5. pooling Credits The Authority agrees to apply an amount of $924,705 toward the payment of the City's 1/3 share of the net Project cost. The Authority agrees to give the City a credit against its cash grant-in-aid obligation in an amount presently estimated to be $44,850 in lieu of paying City real estate taxes on property it acquires pursuant to the Redevelopment Plan. This does not reduce the City's obligation under Section A above, but is in addition to it. II. ITEM Ineli§i~le Project Improvements In addition to above cash and non-cash grant-in-aid, the City agrees to pay the Authority in cash a sum estimated to be $293,366 as the ineligible portion of project improvements cost which are listed below: SUMMARY OF PROJECT IMPROVEMENTS Street Improvement Sanitary Sewer System Water Dist. System Storm Drainage System Rough Gradin9 En9. & Inspection TOTAL PERCENT PROJECT CITY CO ST ELIQIBLE CO ST CO ST $ 530,968 Varies $ 428,615 $102,083 242,436 Varies 196,356 46,080 149,912 Varies 143,362 6,550 574,152 Varies 459,227 114,925 1,941,146 100% 1,941,146 ---0--- 179,145 Varies 155,417 23,366 TOTAL CITY COST III. IV. $293,366 of the Project. Land Conveyance from A~hori~y to City The Authority agrees to sell and the City agrees to purchase, when available, project land designated as Parcels A through I, shown on the "Property Disposal Map" (Map No. SD-6). Such land constitutes all project land necessary for the widening of Project Boundary Streets. The area of these parcels is 27,630 square feet and they are to be sold for the estimated sum of $10,500. Construction of Off-Site Improvements The City agrees to pay the Authority the sum of $64,307 for monies expended by the Authority for certain off-site improvements listed below: SUMMARY OF OFF-SITE IMPROVEMENTS ITEM a. Travel Lodge Motel $15,000 b. Sanitary Sewer and Storm Drainage 12,000 at Holiday Inn, Gulf Service Station and Magic City Motors c. Storm Drainage at Humble Oil 32,106 d. Engineering & Inspection 5.762 TOTAL COST $64,307 Streets Vacatio~ The City upon request of the Authority, will insofar as it can lawfully do so, vacate any streets, roads, alleys, or other public ways proposed to be vacated as shown on the map entitled "Land Acquisition and Boundary Map" (Map No. RP-2). The City further agrees to vacate said Public ways at no cost or expense to the Authority, other than fees charged by the Attorneys of the Authority, fee to viewers and the cost of advertising, and to cooperate with the Authority by taking such other lawful actions as may be necessary in the undertaking and carrying out 104 VI. VII. VIII. Obligations Free of Interest The sums payable hereunder by either of the parties hereto to the other shall not bear interest before the respective dates specified for payment. Adjustment of One-Third Share After all cash and non-cash grants-in-aid are made and/or provided for by the City under this Agreement, i~ the Authority determines that the sum of all such grants-in-aid are less than one-third of the total actual net Project cost, the City shall pay the Authority the difference in cash, provided, however, that if the Authority determines that the same exceeds the City's share of one-third of the total actual net Project cost, the Authority shall, if requested by the City, apply the same as a credit against the City's obligations in other projects undertaken by the Authority, or, if the City does not so request, such excess shall be a non-interest bearing loan to the Project. The parties hereto expressly agree that the Cooperation Agreement dated October 14, 1968, and the Supplemental Cooperation Agreement dated September 8, 1969, hereto- fore entered into between said parties with respect to the aforesaid Project are superseded and merged into the written Revised Cooperation Agreement, and shall have no further force and effect. IN WITNESS WHEREOF, the City, pursuant to the Authority contained in Ordinance'No. adopted , and the Authority, pursuant to Resolution of its Commissioners adopted have respectively caused this Agreement to be duly executed as of the day and year first above written. (SEAL) ATTEST: CITY OF ROANOKE BY' MAYOR CITY CLERK (SEAL) A TTE ST: SECRETARY CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY BY' CHAIRMAN 105 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1973. No. 20883. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Im- provements Fund," of the 1972-73 Appropriation Ordinance, and providing for an emer gency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emeroency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =Se., "Transfers to Capital Improvements Fund," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND Civic Center 62 - 16 (1) ..................... $52q,092.50 Kimball Redevelopment Project CIP 49 (2) .......................... 157,361.00 (1) Net decrease (2) Net increase $157,361.00 $157,361.00 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1973. No. 20884. AN ORDINANCE to amend and reordain certain sections of the 1972-73 Appro- priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that cer- tain sections of the 1972-73 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: COUNCIL ~1 Travel Expense (1) ....................... $ 5,000.00 PLANNING COMMISSION ~83 Operating Supplies and Materials (2) ........................... 120.00 Printing and Office Supplies (3) ............................ 3,380.00 106 FIRE DEPARTMENT ~47 Automobile Allowance (4) .................. $ 1,430.00 Vehicular Equipment - Replacement (5) .......................... 6,668.60 Other Equipment - Replacement (6) .......................... 13,105.40 (1) Net increase- (2) Net decrease (3) Net increase (4) Net decrease (5) Net decrease (6) Net increase $1,000.00 380.00 380.00 1,410.00 - 631.40 2,041.40 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal 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 May, 1973. No. 20886. AN ORDINANCE providing for the purchase and acquisition of twenty-eight (28) new two-way radios for use in various City vehicles, by accepting the propos- al of Motorola Communications and Electronics, Incorporated, upon certain terms and provisions; and providing for an emergency. WHEREAS, on April 20, 1973, and after due and proper advertisement had been made therefor, one (1) bid for the supply to the City of twenty-eight (28) new two-way radios for use in various City vehicles was opened in the office of the City's Purchasing Agent by three members of a committee appointed for the pur- pose, 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 herein- after provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest and only bid made to the City for the supply of said radios, and that funds sufficient to pay for the purchase price of said radios have heretofore been 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 ORD~NED, by the Council of the City of Roanoke that the bid of Motorola Communications and Electronics, Incorporated, to furnish, sell and deliver to the City twenty-eight new two-way radios for use in certain City automobiles and two new battery chargers for portable radios for the sum of 107 $19,791.80, meeting or exceeding the City's specifications made for said equipment, less trade-in allowance of $2,467.80 for eighteen old two-way radios, for a total net purchase price of $17,324.00, cash, be, and said proposal is hereby ACCEPTED; and the City's Purchasin9 Agent is hereby authorized and directed to issue to Motor~ ola Communications and Electronics, Incorporated, the City's purchase order for thel aforesaid new equipment, incorporating into said purchase order the City's aforesai~ specifications, said bidder's proposal, guarantees and warranties, and the provisions of this ordinance; and upon delivery to the City and said City's acceptance of said new equipment, the proper City officials shall be, and are hereby authorized to mak payment to said supplier of the net sum of $17,324.00. 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 14th day of May, 1973. No. 20887. AN ORDINANCE providing for the purchase of (1) new self-propelled front end loader upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said equipment; rejectin9 other bids made to the City; and providing for an emergency. WHEREAS, on April 20, 1973, and after due and proper advertisement had be made therefor, certain bids for the supply to the City of the equipment hereinafter mentioned were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and 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, considerin9 all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said equipment, and that funds sufficient to pay for the purchase price of said equipment have been appropriated; and WHEREAS, for the usual daily operation of the municipal government an eme gency is declared to exist in order that this ordinance take effect upon its passa9 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Baker Brothers, Incorporated, made to the City, offering to furnish and de- liver to the City, f.o.b., Roanoke, Virginia, one new Case Model D580B-PS-CK front 108 end loader, fully meeting all of said City's specifications and requirements made therefor, for a gross purchase price of $I2,090.00, cash, less trade-in allowance of $3,340.00 for a 1964 Model International loader, for a total net purchase price of $8,750.00, be, and Said bid is hereby ACCEPTED; and the City's Purchasing Agenti be, and he is hereby authorized and directed to issue the requisite purchase order! therefor, incorporating into said order the City's aforesaid specifications, the terms of said bidder's proposal, and the terms and provisions of this ordinance; the cost of said vehicle, when delivered, to be paid for out of funds heretofore appropriated for the purpose; and upon delivery to the City of the aforesaid vehi 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 bidde of the aforesaid purchase price, not to exceed the sum hereinabove set out, and the City Manager is authorized, upon acceptance of the new equipment, as aforesai to cause the trade-in equipment and legal title thereto to be delivered to the successful bidder. 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. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1973. No. 20888. AN ORDINANCE authorizing the purchase of one new nine-wheel rubber tire( roller for use by the Department of Public Works, upon certain terms and provisio~ by accepting the bid made to the City by A. E. Finley & Associates of Virginia, Inc.; rejecting certain other bids; and providing for an emergency. WHEREAS, on April 20, 1973, and after due and proper advertisement had been made therefor, two (2) bids for the supply to the City of a new nine-wheel rubber tired roller were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabu- lated and studied by the committee which has made written report and recommendati¢ to the Council through the City Manager; and 109 WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending award of the contract as herein- after provided; and the Council, considering a'11 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 machine, and that funds sufficient to pay for the purchase price of said machine have heretofore been 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 A. E. Finley ~ Associates of Virginia, 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 Gallion model roller with IHC VD-236 diesel engine for the total price of $14,431.00, less a trade-in allowance of $250.00 for the City's old 1948 Buffalo Spring roller, less special cash discount of $3,515.00, for a net price of ~ $10,666.00 to be paid by the City, delivered f.o.b., Roanoke, Virginia, as set out i in the specifications, be, and is hereby ACCEPTED; and the City Purchasing Agent isi hereby authorized and directed, for and on behalf of the City, to issue the requisite purchase order for said new roller to the successful bidder, the same to be paid for upon acceptance by the City out of funds heretofore appropriated for the pur- pose. BE IT FURTHER ORDAINED that the other bid received by the City for furn- ishing such machine 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 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 14th day of May, 1973. No. 20891. AN ORDINANCE accepting the joint proposal of Virginia Asphalt Paving Com- pany, Inc., and Adams Constructi on Company for the paving of streets at various locations in the City of Roanoke; authorizing the proper City officials to execute the requisite contract; and providing for an emergency. WHEREAS, at the Council's meeting of May 7, 1973, and after due and prope advertisement had been made therefor, three (3) bids for the resurfacing of street 110 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 tabu- lation of all said bids and has further reported that the joint bid of Virginia Asphalt Paving Company, Inc., and Adams Construction Company is the lowest and best bid made to the City for the resurfacing of the streets and that sufficient funds have been appropriated to provide for payment of work hereinafter authorized to be done; and WHEREAS, it is necessary for the usual daily operation of the Municipal Government, that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- lOWS: 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 Department of Highway's specifications and as described in the City's plans and specification for an estimated sum of $154,710,40, based on unit prices and estimated quantitie be and said proposal is hereby ACCEPTED, the extent of work to be performed by sai, bidders and the costs to be incurred by the City, however, 'not to exceed the tota sum of ~77,000~00, unless and until further appropriation for the purpose of said contract to be made by the Council. 2'. That the City Manager and the City Clerk, be and they are hereby authorized and directed, for and on behalf of the City to execute and to seal and attest, respectively, the requisite contract with the aforesaid Virginia Asphalt_ Paving Company, Inc., and Adams Construction Company, the same to incorporate the terms and conditions of this ordinance, said bidders' joint proposal and the City plans and specifications made for said work; said contract to be upon such form a is approved by the City Attorney, and the cost of the work, when completed, to be paid out of funds appropriated by the Council for the purpose. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be i force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor 111 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1973. No. 20892. AN ORDINANCE to amend and reordain Section ~57, "Traffic Engineering and Communications," of the 1972-73 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 Sec- tion =57, "Traffic Engineering and Communications," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRAFFIC ENGINEERING AND COMMUNICATIONS ~57 Other Equipment - New (1) ................... $112,065.00 (1) Net increase ---$22,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1973. No. 20893. A RESOLUTION establishing the Community Relations Committee as a permanen committee of the Council, and making certain provisions relative to said committee WHEREAS, the Council desires to establish said Council's Community Rela- tions Committee as a permanent committee of the Council, to be subject to the poll heretofore adopted by Resolution No. 20693 for the operation of the various boards authorities, commissions and committees of the Council, except as hereinafter pro- vided, said committee having heretofore been established and its business transact as an ad hoc committee of the Council with its membership and duties and purposes as set forth on certain exhibits attached to a report to the Council made by Counc men Lisk and Hubard dated January 18, 1973. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council's Community Relations Committee be and is hereby established and continued as a permanent committee of the Council, its purposes and duties and its membership 112 to be as is set out on the schedule relating to said committee attached as an exhi- bit to the report of Councilmen Lisk and Hubard to the Council dated January 18, 1973, referred to in Resolution No. 20693, except for the following additional provisions, viz: That the members of said committee shall, annually, elect a chairman from among the members of said committee; and b. that the Assistant to the City Manager shall be an ex officio member of said committee. BE IT FURTHER RESOLVED that the City Clerk make appropriate changes to the schedule of the Council's committees, boards, authorities and commissions on file in the office of said City Clerk; and transmit to the Chairman of said commit- tee an attested copy of this resolution. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1973. No. 20885. 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 report dated May 14, 1973, the City Manager has recommended 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 recommendation 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 area in the former Harrison Elementary School buildin to be used for a Day Care Center, including the kitchen, rest rooms and playground 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, 1973, 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. APPROVED ATTEST: Deputy City Clerk Mayor 113 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1973. No. 20889. AN ORDINANCE permittinq the construction of a brick veneer exterior on the north side of a buildinq located at 720 Fairfax Avenue, N. W., Official No. 2111101, to encroach six inches over the south line of the public ri§bt-of-way for a distance of approximately 90 feet alonqside said buildinq, upon certain terms and conditions. WHEREAS, representatives of Southwest Virqinia Community Development Fund owner of the property desiqnated as Official No. 2111101, have requested that they be permitted, in the remodelin9 of said buildinq, to construct and maintain on the north wall of said buildin9, a brick veneer exterior to encroach six inches over and into the south side of the public riqht-of-way alon§side said building; which proposal has been referred to the City Planning Commission which has recommended to the Council that said request be approved; and WHEREAS, pursuant to the authority vested in local governin9 bodies by §15.1-376 of the 1950 Code of Virqinia, as amended, this Council is agreeable to the owner's proposal and is willing to permit the aforesaid encroachment over the public riqht-of-way herein described, upon the terms and conditions hereinafter contained' THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that per- mission be and is hereby qranted Southwest Virginia Community Development Fund, owner of property bearin9 Official No. 2111101, located on the south side of Fairfax Avenue, N. W., at No. 720 thereof to construct and maintain as a six-inch encroach- ment over the public right-of-way on the north side of said property a brick veneer exterior to be constructed on the north wall of the aforesaid buildin9; all such construction to be made with approved and permitted buildin9 materials and to be co - structed and safely and properly maintained at the expense of the aforesaid owner, its successors or assigns, under a buildinq permit issued therefor by the Buildinq Commissioner of the City of Roanoke, in accordance with such of the City's building requlations and requirements as are applicable thereto, and with payment by said owner to the City of an annual fee of $50.00 for the permit herein granted; it to be expressly understood and aqreed by said permittee that the permission herein con rained is subject to the limitations contained in §15.1-376, et seq, of the 1950 Code ~ Virginia, as amended, and that said permittee, by making and maintaininq sai encroachment, agrees that it and its successors and assiqns will indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to pro- perty or persons that may arise by reason of such encroachment. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until such time as an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by authorized officials 114 of said permittee and shall have been admitted to record at the expense of said permittee in the Clerk's Office of the Hustings Court of the City of Roanoke; and until a written permit shall have been issued by the City's Building Commissioner for the construction of the encroachment herein authorized to be made. ATTE ST: Deputy 1973. APPROVED City Clerk ACCEPTED AND EXECUTED by the undersigned this Mayor day of SOUTHWEST VIRGINIA COMMUNITY DEVELOPMENT FUND Witness: By. Presidm t STATE OF ( (To-wit: ( I, , a Notary Public in and for the of , do hereby certify that and , and respectively of Southwest Virginia Community Development Fund, whose names as suc are signed to the foregoing ordinance, have each personally appeared before me in my and State aforesaid, and acknowledged the same. GIVEN under my hand this day of , 1973. My Commission expires: . Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1973. No. 20890. AN ORDINANCE amending and reordaining Chapter 5.1 of Title VIII, of the Code of the City of Roanoke, 1956, as amended, imposing and fixing a use and ser- vice charge for certain enplaning passengers utilizing p~emises or ~cilities at Roanoke Municipal (Woodrum) Airport; providing for the method of payment and colle tion of such charges;ldefining certain unlawful acts and providing penalties ther, for; providing for severability of the provisions of this ordinance; and providi for the effective date of this ordinance. 115 WHEREAS, the City of Roanoke, empowered to adopt rules, regulations, and ordinances in respect to the use of the Airport or any part of its facilities by tenants or members of the general public and to charge reasonable and adequate fees charges and rents for the use of Airport property and services rendered in the oper tion thereof, has heretofore imposed, by Ordinance No. 20343 and Ordinance No. 20533, certain use and service charges to be paid by certain enplaning passengers using premises or facilities at said Airport and, in said ordinances, made provisiol for collection of said charges and remittance thereof to the City; and WHEREAS, the Council has determined that Chapter 5.1 of Title VIII of the Code of the City of Roanoke, aforesaid, should be amended so as to broaden applica- tion of the use and service charges imposed by Ordinance No. 20343 and Ordinance No 20533, making applicable the provisions thereof to all persons enplaning any sche- duled or non-scheduled aircraft or charter or air-taxi aircraft except transfer passengers not engaging in pre-planned stopovers and airline employees traveling on company business on appropriately marked travel vouchers; and so as to provide for the sale by the City of boarding passes required to be purchased by certain enplaning passengers, and by making unlawful the failure to purchase said boarders' passes or, failing in such purchase, to attempt to board or enplane an aircraft or an air carrier or a commercial air carrier at said airport after being ordered to remove himself from a boarding gate or boarding apron at said airport. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that Chapter 5.1, Air~lane Boarder's Use and Service Charae, of Title VIII, of the Code of the City of Roanoke, 1956, as amended, be and said chapter is hereby amended and reordained, so as to read and provide as follows: Chapter 5.1.1. Airplaae Boarder's ~ervice and use charge. Sec. 1. Commencing on June 1, 1973, there is hereby fixed, established and imposed a use and service charge of One Dollar ($1.00), to be paid by each passen- ger enplaning any commercial scheduled or non-scheduled aircraft, or charter or air-taxi aircraft operated from the Roanoke Municipal (Woodrum) Airport, and paying there- for a fare; and no person upon whom such use and service charge is hereby imposed shall board or enplane, or be allowed or permitted to board or enplane the aircraft of any commercial air carrier or charter or air-taxi aircraft departing Roanoke Municipal (Woodrum) Airport without having paid such use and service charge as herein provided. Sec. 2. Each enplaning passenger shall pay the sum of One Dollar, ($1.00), to the City of Roanoke, through its Airport Department, and obtain a boarding pass, pro- vided by the City, which pass shall be surrendered to the air carrier or commercial air carrier at the boarding gate or boarding apron prior to or contemporaneously at the time said passenger leaves said boarding gate or boarding apron. Sec. 3. Each air carrier or commercial air carrier shall collect from each passenger enplaned by it, a detach- able stub of said boarding pass, and shall transmit to the City through its Airport Manager, on or before the 25th day of July, 1973, and on or before the 25th day of each month thereafter, one such stub or in lieu of such stub, the sum of $1.00 for each such passenger enplaned by it at the Roanoke Municipal (Woodrum) Airport during the previ- ous calendar month, the word "passenger" to have the meaning ascribed to "passengers enplaning any commercial aircraft operated from Roanoke Municipal (Woodrum) Airport", defined in section 5 of this chapter. 116 Sec. 4. If any such commercial air carrier fail or refuse to transmit to the City's Airport Manager the detach- able stubs of said boarding passes or in lieu thereof, the use and service charges herein imposed and required to be collected and remitted under this ordinance, within the time and in the amount specified in this ordinance, there shall be added to Such unpaid use and service charges, by the City's Airport Manager, and there shall be paid by such commercial air carrier to the City, interest at the rate of two-thirds of one percent per month of the amount of the unpaid use and service charges for each month or portion thereof, from the date upon which the use and ser- vice charges are due as provided in this ordinance and remain unpaid; and if said use and service charges and interest thereon shall remain delinquent and unpaid for a period of one month from the date the same are due and payable, there shall be added thereto by the City's Airport Manager a penalty of ten percent of the amount of the un- paid use and service charges, all such delinquent charges, interest and penalty to be collected by the City from said commercial air carrier, as a debt. Sec. 5. The term "each passenger enplaning any com- mercial aircraft operated from Roanoke Municipal (Woodrum) Airport", as used in this chapter, shall include every person enplaning or boarding any scheduled, non-scheduled or chartered aircraft andevery aircraft operated as an air-taxi at or from Roanoke Municipal (Woodrum) Airport except transfer passengers not engaging in preplanned stopovers and except commercial air carriers' employees traveling on company business on appropriately marked travel vouchers; and the term "air carrier" or "commercial air carrier" shall mean and shall include eve~ person, firm or corporation providing scheduled, non-scheduled, charter or air-taxi passenger air service at or from Roanoke Municipal (Woodrum) Airport for which passenger air service a fare is charged. Sec. 6. All revenue collected from the use and ser- vice charges imposed in this chapter shall be held by the City of Roanoke in a separate fund and used for the purpose of defraying the present and future costs incurred by said City in the construction, improvement and equipment of said airport and its facilities for the continued use and future enjoyment by all users thereof. Sec. 7. It shall be unlawful for any person upon whom, as an enplaning passenger, a use or service charge is imposed by this chapter, to attempt to board a carrier's aircraft without first having paid said charge and having obtained said boarding pass and having surrendered the stub thereof to the air carrier or commercial air carrier per- forming the transportation for the passenger; and any enplan- ing passenger who is required by this ordinance to purchase such boarding pass and who fails, when ordered by Airport Police, or by other duly authorized agents or officials of the City to leave or remove himself from the boarding gate or boarding apron, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by fine not exceeding $50.00 or by confinement in jail not exceeding thirty days, or by both such fine or confinement. Sec. 8. If any provision, clause, sentence, phrase or word of this ordinance, or the application thereof to any particular person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. BE IT FURTHER ORDAINED that nothing contained in this ordinance shall be construed as impairing or waiving any right, duty or obligation heretofore created or imposed by Ordinance Nos. 20343 and 20533, existing thereunder prior to June 1, 1973. BE IT FINALLY ORDAINED that this ordinance shall be in force and effect upon and after June 1, lq73. APPROVED A TTE ST: 117 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1973. No. 208c. 4. AN ORDINANCE to amend and reordain Section ~16, "Hustinqs Court," of the 1972-73 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 Section ~16, "Hustinqs Court," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: HUSTINGS COURT ~16 Fees for Professional and Special Services (1) ............................. $60,400.00 (1) Net increase .......... $55,000.00 BE IT FURTHER ORDAINED that, an emergency existin9, 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 21st day of May, 1973. No. 208c. 5. AN ORDINANCE to amend and reordain Section ~340, "Municipal Airport Fund of the 1~72-73 Municipal Airport Fund 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 ~340, "Municipal Airport Fund," of the 1(72-73 Municipal Airport Fund Appropr ation Ordinance, be, and the same is hereby, amended and reordained to read as fol in part: MUNICIPAL AIRPORT FUND ~340 Chanqe Fund .............................. $100.00 BE IT FURTHER ORDAINED that, an emerqency existin§, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 1 1 WS, 118 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1973. No. 20896. AN ORDINANCE to amend and reordain Section =~0, "Sewage Treatment Fund," of the lq72-73 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 1972-73 Sewage Treatment Fund Appro- priation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND ~90 Maintenance of Buildings and Property (1) ......................... $23,000.00 (1) Net increase --$20,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1973. No. 20897. A RESOLUTION providing for subcontracting to Total Action Against Povert in Roanoke Valley of performance of certain administrative services in connection with that portion of the Public Employment Program as authorized under the Emergen cy Employment Act of 1971, modified for the purpose of employment of youth during the summer of 1973; and authorizing the City Manager to make application for grant of Federal funds under the aforesaid Act. WHEREAS, the Government has indicated the availability of certain addi- tional funds for public service employment of certain youths within the City dur- ing the summer of 1973, to be funded in connection with the Emergency Employment Act of 1971, under which the City of Roanoke is presently recipient of certain funds; and WHEREAS, it is the desire and intent of the City to subcontract with Total Action Against Poverty in Roanoke Valley, a community action agency, for tha agency's performance of certain administrative functions in the employment of sai 119 youths, as those services are set out in the written proposal of Total Action Again Poverty in Roanoke Valley made to the City under date of May 3, lq73, which said proposals are incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that upon approval by the Manpower Administration of the Department of Labor of the with' in provided subcontractual arrangement, the City Manager be and he is hereby autho- rized and directed to enter into written agreement upon form approved by the City Attorney with Total Action Against Poverty in Roanoke Valley but with the amend- ments set out in the paragraphs numbered (1), (2), (3), (4) and (5) in the amended proposal of said Agency made to the City under date of May 15, I(73, to perform for the City of Roanoke those administrative services necessary to be performed in con- nection with the City's receipt and use of Federal funds made available to said City under the Public Employment Program, for the purpose of public service employ- ment of certain youths in the City of Roanoke during the summer of 1973, said agree merit to be upon the basis set out in the written proposal of Total Action Against Poverty in Roanoke Valley made to the City under date of May 3, 1~73, as said pro- posal was amended by amended proposal of said Agency made to the City dated May 15 1973, and specifically, paragraphs numbered (1), (2), (3), (4), and (5) contained therein; said Agm cy to provide approximately $6,750.00 for additional administra- tive, operational and counseling expenses, copies of which said proposal and amend- ed proposal are on file in the office of the City Clerk. BE IT FURTHER RESOLVED that said City Manager be authorized and directed to forthwith make application on behalf of the City of Roanoke to the Manpower Ad- ministration of the Department of Labor of the United States of America, for grant of Federal Funds in the amount of $75,000.00, to permit of employment of youth in the City during the summer of 1(73, under the Public Employment Program authorized by the Emergency Employment Act of 1(71, and, in so applying, to extend and make all necessary assurances and commitments on the part of the City for the conduct o said program, and to transmit attested copies hereof to all appropriate 9overnmenta officers and agencies. ATTEST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, lC, 73. No. 20898. AN ORDINANCE to amend and reordain Section ~4, "City Attorney," of the 1~72-73 Appropriation Ordinance, and providing for an emergency. 120 WHEREAS, for the usual daily operation of the Municipal Government of 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 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY ATTORNEY ~4 Personal Services (1) ....................... $70,1c~2.00 Dues, Memberships and Subscriptions (2) .......................... 870.00 (1) Net decrease $I00.00 (2) Net increase .............. 100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. ATTEST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1973. No. 208§~ . A RESOLUTION relating to the codification of Ordinance No. 20849, which added a new subsection dealing with Art Galleries to Title XV, Chapter d.1, Secti 7, Zoning, of the Code of the City of Roanoke, lq56, as amended. WHEREAS, the Council is advised that. through ministerial error, Ordi- nance No. 20849, a'dopted May 7, 1973, provided for the codification of a new sub- section providing for and regulating Art Galleries as subsection 9, Section 7, Chapter d.1, of Title XV, Zoning, of the Code of the City of Roanoke, 1956, as amended, when such new subsection should have, in fact, been numbered subsection 6. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that that certain new subsection in Title XV, Zoning, of the Code of the City of Roa- noke, 1956, as amended, providing for and regulating Art Galleries, heretofore erroneously referred to in Ordinance No. 2084~, as subsection ~, be and said sub- section is hereby directed to be codified as subsection 6, of said chapter, title and code. ATTEST: APPROVED Deputy City Clerk Mayor 121 IN THE COUNCIL OF THE CITY OF' ROANOKE, VIRGINIA, The 21st day of May, 1~73. No. 20900. A RESOLUTION initiating an amendment of Chapter 4.1, Zoning of Title XV of the Code of the City of Roanoke, 1956, as amended, relating to the issuance of certificates of occupancy for nonconforming uses under the provisions of the City's zoning regulations. 'WHEREAS, recommendation has been made to the Council that consideration should be given to amendment of the City's Zoning Ordinance, being Chapter d.1 of Title XV of the Code of the City of Roanoke, 1956, as amended, in the respects hereinafter provided, in which recommendation for consideration the Council concurs THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby propose the following: That Sec. 49. Certificate of oCcupancy for nonconformina uses, of Chapter d.1, Zonin0, of Title XV of the Code of the City of Roanoke, 1956, as amended, be amended, to read and provide substantially as follows: Sec. 49. Certificate of occ~pallcy for Ilo~lcoDformino uses. No person shall maintain, renew after discontinu- ance, change, move or extend any nonconforming use of any land, building, structure or premises, individually or in combination, in whole or in part, unless and until a certificate of occupancy therefor shall have been issued by the administra- tor. The board of zoning appeals shall have the authority to and may, upon the procedures pro- vided in section 60 of this chapter as for autho- rization of variances, upon ap?eal of an appli- cant to the administrator for such certificate and upon showing made to the board that the non- conforming use was existing on or prior to Aug- ust 29, 1966, that it has not been discontinued for a period of time exceeding one year af~..er the aforesaid date, and that such use is not detrimental to the immediate neighborhood, direct the issuance by the administrator of a certificate of occupancy for such nonconforming use; and the provisions of section 63 of this chapter shall apply to any decision of the board made on such appeal. BE IT FURTHER RESOLVED that a public hearing be held on June 25, 1973, at 7:30 o'clock P.M., before the Council on said Council's proposal to amend said section as herein provided; and the Clerk shall forthwith cause to be published due notice of such public hearing. APPROVED ATTE ST: Deputy City Clerk Mayor 122 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1973. No. 20901. AN ORDINANCE authorizing employment of certain professional accounting and auditing services for a complete audit of the City's finances for the fiscal year ending June 30, 1973, at a cost not to exceed $24,750.00; and providing for an emergency. WHEREAS, the Council's Audit Committee has recommended to the Council that the services of certified public accountants be engaged by the City, under contract, for the purposes hereinafter provided, and has submitted to the Council a written proposal of Peat, Marwick, Mitchell & Co., a firm of certified public accountants, setting out the services proposed to be rendered to the City and the compensation to be paid said accountants therefor, a copy of which proposal is on file in the office of the City Clerk; and the Council, considering said Committee's report, concurs in the recommendations made therein; and I~HEREAS, 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 written proposal of Peat, Marwick, Mitchell &Co., Certified Public Accountants, made under date of May 16, 1973, to conduct a complete audit of the City's finance for the fiscal year ending June 30, 1973, in full accordance with generally accep ed auditing standards, at a cost not to exceed the sum of $24,750.00, cash, such consultants to be paid upon monthly billings, 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 the firm of Peat, Marwick, Mitchell g Co., to perform those professional services described in said firm's proposal madl to the City under' date of May 16, lq73. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shal be in effect from its passage. APPROVED ATTE ST: Deputy City Clerk Mayor 123 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1973. No. 20902. AN ORDINANCE to amend and reordain Section ~12, "Independent Auditing," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 ~12, "Independent Auditing," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: INDEPENDENT AUDITING ~12 Fees for Professional & Special Services (1) ...... $46,750.00 (1) Net increase $24,750.00 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 May, 1973. No. 20903. AN ORDINANCE accepting the proposal of John A. Hall and Company, Incorpor ated, for certain improvements in connection with the relocation of a portion of Garden City Boulevard, S.E.; authorizing the proper City officials to execute the requisite contract; rejecting all other bids for said work; and providing for an emergency. WHEREAS, upon due and proper advertisement therefor, certain bids were received by the City for the improvements hereinafter authorized and, upon opening before the Council at its regular meeting on May 7, 1973, were read and referred to a committee for tabulation, as a result of which the proposal hereinafter accepted was determined to represent the lowest and best bid made m the City for such work and WHEREAS, contemporaneously herewith, there is being appropriated for the purpose a sum sufficient for the payment of the contract price hereinafter mention- ed; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect immediately upon its passage. 124 lOWS: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- 1. That the proposal of John A. Hall and Company, Incorporated, for certain grading, excavation, paving and other pertinent work in connection with t relocation of a portion of Garder City Boulevard, S. E., in accord with the City's plans and specifications therefor, for the sum of $65,445.25, which proposal is on file in the office of the City Clerk, be, and said proposal is hereby ACCEPTED; the cost whereof shall be paid out of funds contemporaneously appropriated by the Council for said improvement; 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 the requisite contract with the aforesaid bidder, the terms of which shall be approved by the City Manager and the form of which shall be approved by the City Attorney; and 3. That the proposal of all other bidders to the City for the perfor- mance of said work be, and they are hereby REJECTED. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect upon its passage. ATTEST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, lq73. No. 20904. AN ORDINANCE to amend and reordain "Transfers Within Capital Improvement Fund" of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1972-73 Appropriation Ordi- nance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS WITHIN CAPITAL IMPROVEMENTS FUND Route 460 Widening from 12th Street to the East Corporate Limits CIP 64-5 (1) ..... $23,538.61 Garden City Boulevard (2) ................... 23,538.61 (1) Net decrease (2) Net increase--- -$23,538.61 - 23,538.61 125 BE IT FURTHER ORDAINED that, an emer§ency existinq, this Ordinance shall be in effect from its passa§e. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1973. No. 20905. AN ORDINANCE providinq for the construction of a double 5-foot by 7-foot box culvert and a 12-inch diameter ductile iron sanitary sewer line in Washinqton Park, N. W., upon certain terms and conditions, by acceptin§ a certain bid made to the City; rejectinq certain other bids; and providinq for an emerqency. WHEREAS, at the meetinq of the Council held on May 7, 1973, certain bids made to the City, after due and proper advertisement therefor, for the construction of a double 5-foot by 7-foot box culvert and a 12-inch diameter ductile iron sani- tary sewer line, were opened and read before the Council and, thereafter, were re- ferred to a committee to be studied and tabulated; and WHEREAS, the aforesaid committee, in report made to the Council dated May 21, 1973, has advised that the bid made by Bennett Construction Company, is the lowest and best bid received for the performance of said work, and should be accept ed, in which recommendation the Council concurs; and WHEREAS, there has been or is contemporaneously bein9 appropriated a sum sufficient to pay the estimated cost of the aforesaid improvement and, for the im- mediate preservation of the public safety and for the usual daily operation of the municipal 9overnment, an emerqency is hereby declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of Bennett Construction Company, for furnishinq all necessary tools, labor and materials for constructinq a double 5-foot by 7-foot box culvert and a 12-inch diameter ductile iron sanitary sewer line, in full accordance with the City's plan and specifications made therefor, for a sum not to exceed $137,220.80, cash, based upon unit prices be and said proposal is, hereby, ACCEPTED; and the City Manaqer be, and is hereby authorized and directed to enter into contract on behalf of the City with the aforesaid bidder providinq for the construction of said improvements such contract to incorporate the terms of said bidder's proposal, the City's plans and specifications for said work and the terms of this ordinance, such contract to be upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that the other bids made to the City for the per- formance of the aforesaid work be, and said bids are hereby REJECTED; the City Cler 126 to so notify each other bidder and to express to each said bidder the City's appre4 elation 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. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1973. No. 20906. AN ORDINANCE to amend and reordain "Transfers Within Capital Improvement Fund," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1972-73 Appropriation 0rdi- nance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS WITHIN CAPITAL IMPROVEMENTS FUND Route 460- Widening from 12th Street to East Corporate Limits CIP 64-5 (1) ........ $ 1,357.64 Albemarle Avenue Storm Drain ciP 20 (2) ......................... Grandin Road ~r~ge o~er M~ ['.ick Creek CIP 69-16 (3) ....................... Hershberger Road Improvements CIP 71-6 (4) ................... -Washington Par~ Bo~ ~lv~t i~J .[ ..[ 10,704.61 19,959.33 8,998.00 41,019.58 (1) Net decrease' (2) Net decrease (3) Net decrease (4) Net decrease (5) Net increase ---$ 1,357.64 10,704.61 19,959.33 8,998.00 41,019.58 BE IT FUR~ER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor 127 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, Iq73. No. 20907. AN ORDINANCE amendin9 Sec. 1. Definitions, Sec. 3. Membership, Sec. 4. Creditable service, Sec. 6. E~rly service retirement benefit, Sec. 7. Benefits, and Sec. 8. Method of financina, of Chapter 1. General Provisions, ~ Title III, Pen- sions and Retirement, of the Code of the City of Roanoke, 1956, as amended, in cer- tain particulars, so as to broaden and increase the benefits to members of the City's Employees' Retirement System; and providinq for an emergency. WHEREAS, the Board of Trustees of the City's Employees Retirement System, with the advice of consultinq actuaries, has recommended that certain provisions made in Chapter 1, Title III of the Code of the City of Roanoke, 1956, as amended, be amended so as to effect a liberalization of costs of benefits to the members of said retirement system, such proposed amendments providing, qenerally: for discon- tinuance of further contributions by the membem of said system, and the refund of prior contributions, with interest, upon death or retirement; for the expansion of the coveraqe of the widow's pension to include former spouses of either qender; for the formulation of the manner of computinq the amount of reduction of the re- duced early service retirement option; and for the manner of handlin9 those persons who, havinq terminated employment with the City and withdrawn their contributions to said system, become re-employed in City service; and WHEREAS, the Council desires to concur in the recommendations of said Board of Trustees and to implement the amendments so proposed; 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 Chap ter 1, General Provisions, of Title III, Pensions and Retirement, of the Code of the City of Roanoke, 1956, as amended, be, and said chapter is hereby amended and reordained in the followinq particulars and respects, and no other, viz.: (a) That subsection (1) of Sec. 1 be amended to read as follows: (1) Accumulated contributions shall mean the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the system, toqether with re§ular interest thereon as provided in this chapter. (b)That subsection (3) of Sec. 1 be amended to read as follows: (3) Annuity shall mean annual payments derived from the accumulated contributions of a member payable as determined by the board. (c) That subsection (14) of Sec. 1 be amended to read as follows: (14) Pension shall mean annual payments for life derived from money not attributable to the accumu- lated contributions of the member, payable in monthly installments continuinq to the last pay- ment prior to death except as otherwise provided in this chapter. 128 (d) (e) (f) That subsection (17) of Sec. 1 be amended to read as follows: (17) Reaular interg~t shall mean interest at the rate or rates established from time to time by the board as provided in Sec. 8, subsection (7), of this chapter. That subsection (18) Retirement allowance, of Sec. 1 be and said subsection is hereby REPEALED. That subsections (19) Service, (20) System, (21) Social Security Benefits, and (22) Supplemental benefits ~t~r June 30, 1972, of Sec. 1, Definitions, be amended, for the purpose of renumbering said subsections, to read and provide as follows: (18) Service shall mean service as an employee paid for by the city and the state. (19) System shall mean the employees' retirement system of the city, as defined in section 2 of this chapter. (20) Social securitv benefit shall mean the annual benefit payable in monthly installments as the pri- mary insurance amount under Title II of the Social Security Act. (21) Supplemental benefits after June 30. 1972. (a) A supplemental benefit shall become payable from the system after June 30, 1972, in accordance with this subsection, to any person who was receiv- ing a retirement allowance or pension from the system as of June 30, 1972, or to any person who continues to receive a retirement allowance or pension after June 30, 1972, as a result of the death of a beneficiary receiving an allowance after that date. Except as provided in sub-paragraphs (b), (c), (d) and (e), of this section, this supplemental benefit shall be equal to three Per centum of the amount then payable as the retirement allowance or pension, excluding any supplemental benefit then payable pursuant to subsection (20) of this section, multiplied by the number of years (to the completed number of calendar quarters), not in excess of twenty such years, elapsed from the date on which the retirement allow- an~ or pension was computed on June 30, 1972; pro- vided that the supplemental benefit payable as of July 1, 1972, to the survivor of the deceased bene- ficiary in accordance with subsection (13) and sub- section (17) of this section shall be computed on the basis of years, not in excess of twenty such years, elapsed from the date on which the retire- ment allowance commenced to be paid to the deceased beneficiary to June 30, 1972. (b) The supplemental benefit payable to a benefi- ciary receiving a reduced retirement allowance under an optional benefit elected in accordance with sub- section (13) of this section, shall be based on the reduced retirement allowance, excluding any supple- mental benefit payable in accordance with subsection (20) of this section, if a percentage of his reduced allowance becomes payable on or after.July 1, 1972, as a result of his death to the person designated in his optional election, the same percentage of his supplemental benefit.shall become payable at the same time to such person. (c) In the event that a pension becomes payable under subsection (17) of Sec. 7 of this chapter to the surviving widow of a deceased male beneficiary whose death occurred on or after July 1, 1972, the pension payable to the widow shall be based on the deceased beneficiary's retirement allowance and supplemental benefit, if any, payable to him in accordance with this subsection. 129 (g) (h) (i) (d) Supplemental benefits determined to be pay- able in accordance with this subsection shall be paid from the system after June 30, 1972, in the same manner and subject to the same conditions as the retirement allowances or supplemental benefits payable under the system. (e) The supplemental benefit computed in accor- dance with the preceding paragraphs of this subsec- tion shall be reduced by the amount of any supplemental benefit payable in accordance with subsection (20) of this section. That subsection (1) of Sec. 3 shall be amended to read as follows: (1) Any person who becomes an employee on or after the first day of July, 1946, shall become a member of the system as a condition of his employment; except that membership in the system shall be optional to constitutional officers elected by the people of the city, assistants, deputies and employees in such constitutional offices and employees of the judges of courts of record who were employed prior to July 1, 1973. That subsection (5) of Sec. 3 shall be amended to read as follows: (5) Should a member, prior to his death or eligibility to retire under the provisions of this chapter, cease to be an employee, he shall thereupon cease to be a member; if he again becomes an employee, he shall be considered, except as otherwise provided in this chapter, a new employee for purposes of the system. Upon the re-employment of a former member who volun- tarily or hororably ceased to be an employee orior to July 1, 1973 and prior to his eligibility to retire and who left his accumulated contributions in the system, prior creditable service shall be restored to said member. No employee shall, except as provided in subsection (5) of section 4, of this chapter, be allowed creditable service for service not rendered as an employee of the city. That subsection (3) of Sec. 4 be amended to read as follows: (3) Each employee not contemplated in subsection (2) of this section, including constitutional officers elected by the people of the city, assistants, deputies and employees in such constitutional offices and em- ployees of the judges of courts of record, becoming a member after the first day of July, 1946, but prior to July 1, 1973, shall receive prior service credit for all services rendered as an employee, whether continuous or not, prior to becoming a member, provided that he shall, within five years after becoming a member or prior to retirement if that be sooner, pay in equal semimonthly installments, or sooner, a sum equal to what his accumulated contributions with interest thereon at four per cent (compounded annu- ally) would have been at the time he became a member had he become a member of the system on the first day of July, 1946, or at the earliest date thereafter on which he entered service. Such employee entitled to membership and/or increased benefits as is con- templated in this subsection shall, within sixty days after becoming a member, file a detailed state- ment of all service as an employee rendered by him prior ~to said date for which he claims credit, and of such other facts as the board may require for the proper operation of the system. The board shall fix and determine by appropriate rules and regula- tions how much service in any year is equivalent to a year of service, but in no case shall more than one year of service be creditable for all service in one calendar year, nor shall the board allow credit as service for any period of more than one month's dura- tion during which the employee was absent without pay. The board shall verify, as soon as practicable, after the filing of such statements of service, the service :1.30 (j) (k) therein claimed, and shall issue prior service certificates certifying to each member the number of years of prior service with which he is credit- ed; provided, that in no event shall prior service credit be allowed in excess of the number of years required to provide at the member's minimum service retirement age or on the date he became a member, if the member has then attained his minimum service retirement age, a total retirement allowance of one-half of his average final compensation; provided further, that for the purpose of determining such max- imum prior service credit, his retirement allowance on account of membership service shall be computed as exactly one-seventieth of his average final compensation multiplied by the number of years from the date he first became a member to the attainment of his minimum service retirement age. As long as membership continues, a prior service certificate shall be final and conclusive 'for retirement pur- poses as to such prior service credit; provided, however, that any member may, within one year after the date of issuance or modification of such certi- ficate, request the board to modify or correct his prior service certificate. That Sec. 6 be amended to read as follows: Sec. 6. Early Service Retirement Benefit. Upon the written application of a member in service who has had twenty or more years of creditable service the member shall be retired by the board on an early service retirement allowance not less than thirty nor more than ninety days subsequent to the filing of such application, notwithstanding that during such period of notification he may have separated him- self from service. The early service retirement allowance shall con- sist of either: (a) A deferred pension commencing upon the attain- ment of the minimum Service retirement age and computed as a service retirement allowance on the basis of the member's average final compensation and creditable service at the time of his early retirement; or (b) A pension commencing immediately which shall be equal to the deferred pension reduced by 5/9 of 1% for each month between the date of commencement of the pension and the attainment of the minimum service re- tirement age, not'in excess of 60 months, and 5/18 of 1% for each such month in excess of 60. If a retired member who has elected to receive a deferred retirement allowance under this section dies before his retirement allowance becomes normally due, the only payment made shall be the ordinary death bene- fit as provided under section 7, subsection (7) (a), of this chapter, if said benefit had not yet been paid pursuant to subsection (9) of section 7, unless there is a surviving spouse entitled to a pension under the provisions of section 7, subsection (17). That subsection (2) of Sec. 7 be amended to read as follows: (2) Same- Benefits. (a) The service'retirement allowance shall con- sist of a pension equal to one-seventieth of his aver- age final compensation multiplied by the number of his years of creditable service. (b) In the case of a member retiring on or after July 1, 1970, and after he has attained the age of sixty-five years, an additional pension shall be payable to him if he is not entitled to a Social Security benefit at the time of such retirement on the basis of his covered earnings under the Social Security Act, which shall be equal to the minimum primary insurance amount progided under Title II of the Social Security Act as the same may be from time to time amended; provided, however, the member sha 11 be required to submit evidence satisfactory to the board that the Social Security Administration has determined that no Social Security benefit is payable to him, nor would such a benefit be payable upon (1) (m) (n) (o) proper application therefor but for the receipt of income covered under the Social Security Act. That subsection (4) of Sec. 7 be amended to read as follows: (4) Same- Benefits. The ordinary disability retirement allowance shall be equal to the service retirement allowance if the member has attained his minimum service retirement age. If the member has not reached his minimum service re- tirement age, the ordinary disability retirement allow- ance shall consist of a pension equal to ninety per cent of the amount computed as a service retirement allowance on the basis of his average final compensa- tion and creditable service at the time of his retire- ment; provided, however, that if such amount is less than twenty-five per cent of the member's average final compensation, the pension shall be increased to the lesser of the following amounts: (a) Twenty-five per cent of his average final compensation; or (b) Ninety per cent of the amount which would have been payable to the member as a service retire- ment allowance on retirement at his minimum service retirement age if he had continued in service until such age without change in his average final compen- sation. That subsection (6) of Sec. 7 be amended to read as follows: (6) Same- Benefits. The accidental disability retirement allowance shall be equal to the service retirement allowance if the member has attained his minimum service retirement age-; otherwise, it shall consist of a pension equal to sixty-six and two-thirds per cent of his average final compensation. That subsection (9) of Sec. 7 be amended to read as follows: (9) Disposition of accumulated contributions uD0~ retirement or termination of service. (a) A member who retires on or after July 1, 1973 under the provisions of section 6 or under the provisions of subsection (1), (3) or (5) of this section 7, shall be paid his accumulated contributions at such time as the board approves; provided, however, that such member may elect prior to the commencement of his retirement allow- ance to receive, in lieu of his accumulated contributions, an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of retirement. (b) Should a member cease to be an employee for any reason other than death or retirement under this chapter, he shall be paid on demand the sum of his contributions together with such interest thereon, not less than one-half of accumulated regular interest there- on, as the board shall allow. (c) In the case of a member whose death or re- tirement occurred prior to July 1, 1973, the provisions of this chapter in effect prior to July 1, 1973, regard- ing the return of his contributions shall continue to govern. That subsection (7) of Sec. 7 be amended to read as follows: (7) Ordinary Death Ben~fit. Upon the receipt of proofs, satisfactory to the board, of the death of a member which was not the result of an accident in the actual performance of duty as defined in subsection (8) of this section, there shall be paid to such person, if any, as he shall have nomi- nated by written designation duly acknowledged and filed with the board, otherwise to his estate: 132 (a) His accumulated contributions; and (b) If he was in service at the time of his death and had one or more years of creditable service, a lump sum benefit equal to fifty per cent of his earnable compensation during the year immediately pre- ceding his death; provided, however, members of the police and fire department pension systems becoming members of the Employees' Retirement System without prior service as defined in this chapter on or after February 1, 1970, shall be entitled to such benefit immediately upon becoming a member of the said Employees' Retirement System. (p) That subsection (8) of Sec. 7 shall be amended to read as follows: (8) Accidental death benefit. If, upon the receipt of proof, satisfactory to the board, of the death of a member in service indicating that such death was the natural and proximate result of an accident, occurring while the member was in the actual per- formance of a duty the board shall decide that death was the result of an accident in the actual perfor- mance of duty occurring at some definite time and place, and not caused by willful negligence on the part of the member, there shall be paid in lieu of any benefit payable under the provisions of subsec- tions (7) and (17) of this section: (a) His accumulated contributions, to such person, if any, as he shall have nominated by written designation duly acknowledged and filed with the board, otherwise to his estate; and (b) A pension of one-half of his average final compensation to his spouse, if any, to continue until death or remarriage; or if there is no spouse or the spouse dies or remarries before the youngest child of the deceased member has attained age eighteen, then to his child or children under said age, if he leaves children, divided in such manner as the board in its discretion shall determine, to continue as a joint and survivorship pension for the benefit of the child or children under said age until every child dies or attains said age; or if he leaves no spouse or children under the age or eighteen years living at his death, then to his dependent parent or parents, divided in such manner as the board in its discretion shall determine to continue for life; provided that if he leaves no such beneficiary living at his death, the amount which otherwise would have been paid as an ordinary death benefit shall be paid. (q) That subsection (11) of Sec. 7 be amended to read as follows: (r) (11) Par;ial Disability. Should the medical board report and certify to the board that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his pension and his average final compensa- tion, and should the board concur in such report, then the amount of his pension shall be reduced to an amount which, together with the amount earnable by him, shall equal the amount of his average final compensation. Should his earning capacity be later changed, the amount of his pension may be further modified in a like manner. That subsection (12) of Sec. 7 be amended to read as follows: (12) Re$~Qr~tion of beneficiaries to membership. (a) Should a disability [~eneficiary under minimum service retirement age be restored to or be in service at a compensation equal to or greater than his average final compensation at retirement, or should any other beneficiary be restored to service prior to his minimum service retirement age, his retirement allowance shall cease and he shall again become a member of the system. An amount equal to his annuity reserve shall be credited to him as accumulated con- tributions. Anything in this chapter to the contrary (s) (t) notwithstanding, any prior service certificate on the basis of which his service was computed at the time of his retirement shall be restored to full force and effect and he shall be credited with all service as a member standing to his credit at the time of his retirement; provided, however, that upon his subse- quent retirement the pension shall be reduced by the actuarial equivalent of any pension payments previously paid to him for reasons other than disability retire- ment; and further provided that his pension upon sub- sequent retirement shall not be less than the sum of his previous pension plus the amount computed on the basis of his creditable service and earnable compensa- tion for the period after his restoration. (b) Should any beneficiary be restored to service on or after his minimum service retirement age, the pension shall be discontinued during the period of restor- ation, and he shall again become a member of the system, but in the event of his death during such period any payments under an optional benefit, if one has been elected and has become effective, shall commence. Such a member shall be considered a new member with respect to service rendered subsequent to his restoration except that his minimum service retirement age shall be the same as before restoration. (c) If a former employee who is entitled to a de- ferred retirement allowance, commencing after he attains his minimum service retirement age, returns to service as an employee of the city before such allowance has become payable, he shall again become a member of the system upon his return, and his retirement allowance payable on sub- sequent retirement shall be computed in accordance with the provisions of this chapter in effect at such time on the basis of service standing to his credit at the time of his termination and service credited to him after his return. That subsection (15) of Sec. 7 be amended to read as follows: (15) Benefits on full compensation. Each present member whose earnable compensation, on the third day of October, 1957, exceeded six thousand dollars per annum may continue to contribute to the system and to share in its benefits on the same basis as if such six thousand dollars' maximum earnable Compensation limitation had not been removed; or he may, at his election, share in all benefits of the system on the basis of his full earnable compensation, provided he shall, within five years from the foresaid third day of October, 1957, pay in equal semimonthly installments, or sooner, a sum equal to the difference between his accumu- lated contribution as of the lastmentioned date and what h~ accumulated contribution would have been had the ordinance never contained a maximum earnable compensation limitation, with interest on said difference at four per cent compounded annually. The board may require any such membe~ electing to share in all benefits of the system on the basis of full earnable compensation, to pay all of the residue of such difference with interest before receiving any retirement allowance provided for in the ordinance; or said board may, at the request of any such beneficiary and in its discre- tion, permit such residue to be paid through periodic deductions from the retirement allowance on a fair basis that is protective of the system. Any member in active service on July 1, 1973 who was not contributing to the system prior to that date on the part of his earnable com- pensation in excess of six thousand dollars per annum shall nevertheless be entitled to all benefits of the system for which he is otherwise eligible, on the basis of his full earnable compensation. That subsection (17) of Sec. 7 be amended to read as follows: (17) Pensions to SPouses. Upon the receipt of proof, satisfactory to the board, of the death on or after July 1, 1973, of a member in active service after the completion of twenty or more years of creditable service or after the attainment of age sixty, or of the death of a member who retired onor after July 1, 1973, a pension shall be payable to his surviving spouse, commencing at the date of death '134 (u) of the member or retired member and ceasing upon the remarriage or death of the spouse, provided that said spouse was married to the member prior to his retirement and at least one year prior to his death, and further provided~that the member had not made an optional elec- tion under subsection (13} of this section which was in full force and effect. The amo'unt of the pension, shall be one-half of the retirement allowance to which the member was entitled or would have been entitled had he retired at the time of death under the provisions of paragraph (b) of section 6 or under the provisions of subsections (1) and (2) of section 7; provided, however, if the surviving spouse is more than five years younger than the deceased member, such amount shall be reduced by one-sixth of one per cent for each such month in excess of five years, the benefit, if any, payable on account of the death of a member who retired prior to July 1, 1973, shall be governed by the provisions of this subsection in effect prior to July 1, 1973. That subparagraphs (d}, (e) and (f) of subsection 20, of Sec. 7. be amended to read as follows: (d) Upon receipt of proof, satisfactory to the board, of the death of any such person, a payment or payments pursuant to paragraph (a) of subsection (7) of this section shall be made. (e) Upon receipt of proof, satisfactory to the board, of the death of any such person while in active service with the State after the sum of his creditable service to the date he became a State employee plus his continuous service as a State employee to tke date of his death equals twenty or more years or'after he has attained age sixty, or of the death of any such person receiving a retirement allowance from the system, a pension shall be payable to his spouse, if otherwise eligible therefore, in accordance with the provisions of subsection (17) of this section, on the basi~ of earnable compensation as a City and State employee to the time of his death and his years of creditable service to the time he became a State employee. (f) The provisions of subsection (9) of this section regarding the disposition of accumulated contri- butions shall be applicable to such person as though his service as an employee of the State were a continuation of his service as an employee of the City. (v) That Sec. 8 be amended to read as follows: Sec. 8. Me~hod of Financinc~. No contribution shall be deducted after May 31, 1973, from the compensation of members, and the contri- butions payable by the city shall be determined as provided in this section. (1) The contributions to the system made each year by the city shall consist of a certain percentage of the earnable compensation of each 'member to be known as the "normal contribution" and, until such time as determined in accordance with this subsection, a further contribution to be known as the "accrued liability contribution". (2) The normal rate of contribution shall be determined after each actuarial valuation. During the period over which the accrued liability contribution is payable, it shall be determined on the basis of regular interest and tables last adopted by the board as the uniform and level percentage of the earnable compensa- tion of the average new entrant member which, if con- tributed on the basis of the prospective compensation of such new entrant throughout his entire period of active service, would be sufficient to provide for any benefits on his account. After accrued liability contri- butions have ceased to be payable, the normal contribution rate shall be determined after each actuarial valuation as the rate per cent of the earnable compensation of all members obtained by deducting from the total liabilities on account of prospective benefits of all members and beneficiaries the amount of funds in hand, and dividing the remainder by one per cent of the present value of the prospective earnable compensation of all members, as computed at regular interest on the basis of tables last adopted by the board. (3) Immediately succeeding the first valuation after the effective date of any amendment to this chapter, the actuary shall compute the amount of the total liabilities of the system on account of all prospective benefits to members and beneficiaries which is not dischargeable by the assets held for such benefits and the prospective normal contributions of the city on account of members during the remainder of their active service. The amount so determined shall be known as the accrued liability, and the contribu- tions payable by the city for interest and amortization of the accrued liability shall be known as the accrued liability contributions. (4) The total amount payable by the city in each year shall not be less than the sum of the normal contribution and regular interest on the unfunded portion of the accrued liability; provided, however, that the aggregate amount shall be sufficient, when combined with the assets of the system, to provide the benefits payable to members and beneficiaries then current. (5) The accrued liability contribution shall be dis- continued as soon as the amount of funds credited to the system shall equal the present value, as actuarially com- puted and approved by the board, of the total liabilities of the system on account of all members and beneficiaries of the system less the present value of prospective normal contributions to be made by the city at the normal rate then in force on account of persons who are members at that time. (6) All contributions for administrative expenses shall be paid by the city in addition to the normal and accrued liability contributions, and shall be credited in the system separately for that purpose. (7) Regular interest shall mean interest at the per cent rates, compounded annually, as shall be deter- mined by the board from time to time. The board, from time to time, shall determine a rate of regular interest for use in all calculations of members' accumulated con- tributions and the annuities and other benefits provided thereby, with a rate of four per cent applicable from the effective date of the system until changed by the board, and shall further determine a rate or rates of regular interest for use in all actuarial and other calculations in connection with the system. (O) Appropriations. On or before ninety days prior to the beginning of each of the city's fiscal years the board shall file with the City Manager its certifi- cation of the appropriation necessary to pay the normal and accrued liability contributions to the system for the ensuing year, and such amount shall be included in the city's budget in accordance with budget procedures. 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 21st day of May, 1973. No. 20908. A RESOLUTION conveying to Councilman James O. Trout the best wishes of the Council of the City of Roanoke. WHEREAS, the Council noting the absence of Councilman James O. Trout at its regular meeting held May fourteenth, was advised of his present temporary hospitalization and desires, by this method, tO note his absence from his seat on the Council and to convey to him its sincere wishes for his'early return. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body hereby extends to its fellow councilman James O. Trout its cordial and best wishes; and that this body looks forward with pleasure to his early return to active duty as a member of the City Council. BE IT FURTHER RESOLVED that the City Clerk do transmit to Councilman Trout an attested copy of this resolution. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1973. No. 20911. AN ORDINANCE to amend and reordain Section =2000, "Public Schools - In- struction,'' of the 1972-73 Appropriation Ordinance, and providing for an emergenc WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =2000, "Public Schools - Instruction," of the 1972-73 Appropriation Ordi- nance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC SCHOOLS - INSTRUCTION =2000 Instructional Supplies (1) .............. $299,238.46 (1) Net increase $3,833.46 To be 100% reimbursable from the schools and the revenue in this category will be increased by this amount. :!.37 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 29th day of May, 1973. No. 20912. AN ORDINANCE to amend and reordain Section ~9000, "Public Schools - Food Services," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 =9000, "Public Schools - Food Services," of the 1972-73 Appropriation Ordinanc be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC SCHOOLS - FOOD SERVICES =9000 Food (1) ......................... $630,743.58 (1) Net increase $33,558.58 Funds in the amount of $33,558.58 have been received from the U. S. Department of Agriculture. 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 May, 1973. No. 20913. AN ORDINANCE to amend and reordain certain sections of the 1972-73 Appro- priation 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. 138 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain section.s of the 1972-73 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows,in part: PUBLIC SCHOOLS- MAINTENANCE OF PLANT AND EQUIPMENT ~7000 Personal Services (Labor- Maintenance) (1) ....................... $439,095.00 PUBLIC SCHOOLS- SPECIAL INSTRUCTION ~I1000 Persmal Services (Adult Industrial Education) (2) ......................... 179,685.00 PUBLIC SCHOOLS- MAINTENANCE OF PLANT AND EQUIPMENT ~7000 Personal Services (Labor Maintenance) (3) ....................... 427,017.00 PUBLIC SCHOOLS - SPECIAL INSTRUCTION ~11000 Personal Services (Summer School) (4) ............................ 191,763.00 PUBLIC SCHOOLS- FOOD SERVICES ~9000 Personal Services (Cafeteria Managers and Workers) (5) .............. 520,695.00 PUBLIC SCHOOLS - INSTRUCTION ~2000 Substitute Teachers (6) .................. 25,000.00 (1) Net decrease ................ $ 2,500.00 (2) Net increase- (3) Net decrease- (4) Net increase (5) Net decrease- (6) Net increase-.-.-~--.. 2,500.00 12,078.00 12,078.00 25,000.00 25,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal 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 May, 1973. No. 20914. AN ORDINANCE to amend and reordain Section =23, "Sheriff," of the 1972- 73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =23, "Sheriff, of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 139 SHERIFF ~23 Office Furniture and Equipment - Replacement (1) .......................... $150.00 (1) One-half of the above cost to be reimbursed by the Department of Welfare and Institutions 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 May, 1973. No. 20915. AN ORDINANCE to amend and reordain Section ~56, "Public Works," and Sec- tion ~71, "Garage," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 ~56, "Public Works," and Section ~71, "Garage," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC WORKS =56 Personal Services (1) .................... $33,186.00 GARAGE ~71 Overtime (2) ............................. 3,500.00 (1) Net decrease $1,500.00 (2) Net increase 1,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma yor 140 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1973. No. 20916. AN ORDINANCE to amend and reordain Sec. 7. Gambling and Sec. 8. Gamino tables, etc., of Chapter 3. Offenses Against Morality and Decency, of Title XXIII. Misdemeanors and Offenses, of the Code of the City of Roanoke, 1956, as amended; adding a new section relating to annual permits authorizing the conduct and opera- tion of bingo games by certain organizations, upon certain terms and conditions; and providing for an emergency. WHEREAS, ~18.1-340, Code of Virginia, 1950, has been amended to permit volunteer fire departments, rescue squads and certain other organizations to con- duct bingo games and raffles after first obtaining an annual permit so to do from the political subdivision in which such volunteer fire department, rescue squad or the business office of the organization is located; and WHEREAS, the City Manager has recommended to the Council that the pro- cedure set forth in report dated May 29, 1973, by the City Manager, appears to be best suited to meet the exigencies which may arise out of the operation of bingo games in the City, both from the standpoint of the general public and the operator of bingo games in the City, in which recommendation the Council concurs; and WHEREAS, it is necessary for the immediate preservation of the public peace and safety and for the usual daily operation of the municipal government tha this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- lows: That Sec. 7. G~_I.j~, of Chapter 3. O[fe,ses Against Morality and Decency, of Title XXIII. Misdemeanors and Offenses, of the Code of the City of Roa noke, 1956, as amended, be and it.is.hereby.amended.and reordained, to read and provide as follows: Sec. 7. Gambling. Any person who shall bet, wager or play at any game for money or other thing of value, shall, upon conviction, be fined not less than five dollars nor more than one hundred dollars or confined in jail not exceeding sixty days, or by both such fine and jail sentence; provided, however, this section shall not apply to operators or participants at any bingo game lawfully conducted pursuant to Sec. 8.1. of this chapter. 2. That Sec. 8. Gamin~ tables, etc., of Chapter 3. Offenses Aoainst Morality and Decency, of Title XXIII. Misdemeanors and Offenses, of the Code of the City of Roanoke, 1956, as amended, be and it is hereby amended and reordained, to read and provide as follows: Sec. 8. Gaming tables. ~tq. If any person keeps or exhibits, for the purpose of gaming or lottery, any gaming table or bank, with or without name, wheel of fortune, or slot machine, or pinball machine, or tip board, or punchboard, or pigeon hole table, or baseball pool, or race horse pool, or football pool, or a pool of any nature or description, or evidence of any chance in any lottery, or any gaming device, apparatus or paraphernalia used in gaming, or be a partn'er or be concerned or interested, either as owner, operator or employee, in the keeping, exhibiting or operating of any such device, apparatus or paraphernalia, he shall, upon conviction, be confined in jail not less than one nor more than six months or fined not less than one hundred dollars nor more than five hundred dollars, or be sentenced to both such fine and jail sentence. Any such table, bank, board, machine or other de- vice, apparatus or paraphernalia shall be seized; and any money seized in connection therewith shall be disposed of as provided by general law; provided, how- ever, this section shall not apply to operators or participants at any bingo game lawfully conducted pursuant to Sec. 8.1. of this chapter. 3. That a new section be and is hereby added to said Chapter 3., Title XXIII., of the Code of the City of Roanoke, 1956, as amended, to read and provide as follows: Sec. 8.1. Bingo games conducted bv certain oraanizations: annual p~rmi~ for ~he conduct and oneration thereof: penalties. a. The conduct or operation of or participation in any bingo game in the City of Roanoke, except such bingo games conducted or operated pursu~ t to permit issued as provided by this section, shall be unlawful and shall be a misdemeanor. b. Any volunteer fire department, rescue squad or organization as identified and described in S18.1- 340 (b), Code of Virginia, 1950, as amended, and pursuant to the provisions thereof, located or having its business office in the City of Roanoke and wishing to operate a bingo game shall make application for an annual permit so to do at the office of the Commis- sioner of the Revenue of the City of Roanoke in the Municipal Building, on application form provided by said Commissioner. c. Each such application for an annual bingo permit shall contain proof of eligibility; i.e., ordinance or resolution designating unit as part of the public safety program, tax exemption certificate, charter or such other documents as will establish eligibility; shall state the exact location at which the bingo game will be operated; shall either contain certification that such location has been used by the applicant for the three (3) years immediately preced- ing the date such application is made or the applicant has the legal right to use such location for at least one (1) year immediately succeeding the date of appli- cation; shall contain the name or names of the natural person or persons who will operate the bingo game along with proof or certification that such person or persons are bona fide members of the applicant and have not theretofore been convicted of a gambling offense or a crime involving moral turpitude; and shall be accom- panied by a fee of twenty-five dollars ($25.00) and shall contain the agreement of the applicant to pay to the City monthly a further license fee equal to one-and one-half dollars ($1.50) per one hundred dollars ($100.00), or portion thereof, of monthly gross proCeeds of bingo games conducted and operated by the applicant under said permit. d. An annual bingo permit shall be issued by the Commissioner of the Revenue of the City of Roanoke to qualified applicants therefor, and all such permits so issued shall state on the face thereof a number and the date of issuance thereof; the expiration date of such permit; that the same is issued pursuant and sub- ject to all and singular the provisions of §18.1-340 (b), 142 Code of Virginia, 1950, as amended; that the holder of such permit consents to reasonable inspection of the premises whereat the bingo games authorized to be con- ducted by said permit are operated and reasonable inspec- tions of the permittee's books and records relating to such bingo operation by any duly authorized license inspector or police officer, at any and all reasonable times; provision that such permit be publicly displayed in a conspicuous place on the premises whereat the permitted bingo game is to be conducted and that fail- ure to so display such permit shall have the effect of rendering such bingo game an unauthorized and unlawful operation; and that such permit shall be subject to revocation by the city council upon good cause appearing to said council, after notice in writing by certified mail to the holder of such permit, and public hearing before said council. e. Each permittee shall file ~ th the Commissioner of the Revenue not later than the tenth day of each month a monthly report setting out the gross proceeds of each and every bingo game conducted or operated during the immediately preceding month, which report shall be in writing and verified by affidavit of the applicant or his or its duly authorized official or representative, and which shall be accompanied by payment of a sum equal to one and one-half dollars ($1.50) of each one hundred dollars ($100.00), or portion thereof, of such gross proceeds. Every such monthly report shall be made on form provided by the Commissioner of Revenue and approved by the city auditor. Failure to conduct any bingo game in any month shall not waive requirement for the filing of a monthly report by every permittee under this section; and failure of any permittee to file such monthly report shall, of itself, be grounds for revoca- tion of such permit. f. Any person who shall operate a bingo game in the city except under permit issued pursuant to the provi- sions of this section shall, upon conviction, be fined not less than one hundred dollars nor more than five hundred dollars or be confined io jail for not exceeding six months, or be sentenced to both such fine and jail sentence; and any person who shall participate in any such unlicensed bingo game other than as the operator thereof shall, upon conviction, be fined not less than five dollars nor more than one hundred dollars or con- fined in jail for not more than sixty days, or be sen- tenced to both such fine and jail sentence. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shal be in effect from its passage. APPROVED ATTEST: Deputy City Clerk ~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1973. No. 20917. A RESOLUTION advising the State Board of Housing that the City of Roano does hereby request an extension of the Southern Standard Building Code as the building code applicable to the City until July 1, 1974. 14': WHEREAS, the State Board of Housing adopted the Building Officials and Code Administrators International, Inc. (BOCA) Code, with amendments, as a state- wide uniform building code for the Commonwealth of Virginia; and WHEREAS, said state wide building code is to become effective September 1 1973, except in those political subdivisions which have previously adopted a build- ing code and which request a delay in the effective date of the Building Officials and Code Administrators International, Inc. (BOCA) Code; and WHEREAS, such delay may be granted for a period not to exceed two (2) years and the City Manager recommends that the City request that the effective daie of the BOCA Code in the City of Roanoke be delayed until July 1, 1974, in which recommendation this Council concurs. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body does hereby advise the State Board of Housing that the City of Roanoke does hereby request an extension of the Southern Standard Building Code as promul- gated by the Southern Building Code Congress, heretofore adopted, as the building code applicable to the City of Roanoke until July 1, 1974. BE IT FURTHER RESOLVED that the City Clerk of the City of Roanoke forward attested copies of this resolution to the proper officials of the State Board of Housing. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1973. No. 20918. A RESOLUTION authorizing an agreement to be entered into with Roanoke County relating to its use of the Roanoke Juvenile Detention Home, in Botetourt County. WHEREAS, Resolution No. 20785, adopted by the Council on March 26, 1973, authorized and directed that offers be extended to certain other political juris- dictions to enter into agreement with the City of Roanoke relating to said City's acceptance, detention and board of juveniles from said others' jurisdictions at the City's Juvenile Detention Home at Coyner Springs, and to enter into written agree- ments with such of said other jurisdictions as desired or needed the use of said facilities but, in naming said other political jurisdictions, inadvertently omitted the name of Roanoke County to whom and with whom the City Manager had recommended such offer be made and agreement entered into. A44 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized and.directed to extend to the proper authorities of Roanoke County the City's offer to enter into written agreement with said other jurisdiction upon that certain form of contract presented to the Council with the City Manager's report to the Council made March 12, 1973, wherein it would be agreed, inter alia, that the City would accept, detain and board at the Roanoke Juvenile Home at Coyner Springs, in Botetourt County, provided space thereat is available, juveniles brought from such other jurisdiction on proper and legal detention order, and said jurisdiction would agree to pay to the City for each day each such child is detained an amount equal to that set by the State Department of Welfare and Institutions for detentionand board of State wards at said Home, which amount is currently $6.48 per day per child, but said amount to be adjusted and changed on the first day of January of each and every year here- after during the time such agreement remains in effect to the amount set by said Department for the detention of State wards at said Home for that year, such agreement to be terminable by either party upon ten days written notice to the other. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1973. No. 20919. A RESOLUTION recognizing the designation of the City's Fire Statim No. One as a Virginia Historic Landmark, and authorizing the City's acceptance of an official plaque to be installed on said property. WHEREAS, the Mayor has been advised that the City's Fire Station No. One has been registered as a Virginia Historic Landmark pursuant to the authority vested in the Virginia Historic Landmarks.Commission Act of 1966, and that an appropriate plaque has been prepared for said property by said Commission and is available for delivery to the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council acknowledges the designation of said City's Fire Station No. One as a Virginia Historic Landmark pursuant to the Virginia Historic Landmarks Commission, Act of 1966; and said Council hereby authorizes the Mayor to accept, for and on behalf of the City from said Commission, a plaque having the following text: "FIRE STATION NO. ONE has been registered as a Virginia Historic Landmark pursuant to the authority vested in the Virginia Historic Landmarks Commission Act of 1966." BE IT FURTHER RESOLVED that, upon the City's receipt of the aforesaid plaque, the Ci~ Manager be and he is hereby authorized and directed to cause the same to be appropriately and permanently installed on or at the City's aforesaid property. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1973. No. 20920. A RESOLUTION waivinq enforcement of the buildin9 setback provisions of Resolution No. 11447, adopted May 26, 1952, as said buildin9 setback restrictions relate to properties situate on both sides of Melrose Avenue, N. W., between 13th Street, N. W. and 22nd Street, N. W. WHEREAS, by Resolution No. 11447, adopted May 26, 1952, the Council approved a part of a Master Plan, referred to therein as Plan No. 3887, providing, inter alia, for the future development of U. S. Route 460 in the City establishing, amongst other buildin9 setback lines, a buildinq setback line on each side of Mel- rose Avenue between 24th Street, N. W. and 13th Street, N. W., said setback line bein9 measured 60 feet from the present centerline of said street and so as to pro- vide a total distance of 120 feet between said two buildin9 setback lines; and WHEREAS, the Roanoke Valley Area Thoroughfare Plan (for 1985) approved and established for the City by Ordinance No. 20678 of the Council, adopted on January 29, 1973, no longer proposes that part of Melrose Avenue extendin9 from 13th Street, N. W. to 22nd Street, N. W., to be a part of the major arterial high- way system of the City and, hence, no rea~ n exists that the aforesaid buildin9 setback lines on Melrose Avenue between 13th Street, N. W. and 22nd Street, N. W., be maintained as provided in Resolution No. 11447, aforesaid, and the City Manager has recommended to the Council in report dated May 21, 1973, that the buildin9 setback requirements of said resolution be waived as to that portion of Melrose Avenue, N. W. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the buildin9 setback requirements on properties situate on both sides of Melrose Avenue N. W., between 13th Street, N. W. and 22nd Street, N. W., imposed by Resolution No 11447, adopted by the Council on May 26, 1952, and as shown on Plan No. 3887, re- ferred to therein, be waived as to all such properties and be no longer enforced; and that Plan No. 3887 be noted to show the waiver herein provided. BE IT FURTHER RESOLVED by the Council that nothin9 herein contained shal be construed to waive or amend any buildin9 setback requirement otherwise contained 146 in the City's Zoning Ordinance of 1966, as amended. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, lq73. No. 20909. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2 of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 277, Sectional 1966 Zone Map City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have: Ail property lying east of the centerline of Peters Creek of the hereinafter described 4.97 acre tract: BEGINNING at a point on the present'westerly line of Peters Creek Road, said point being the northeasterly corner'of the property of C.'B. Waldrop and L. S. Waldrop, recorded in Deed Book 978, page 190, in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, said point being corner 1 on Plat prepared by Buford T. Lumsden g Associates, dated January 3, 1972; thence leaving said beginning point, and with the northerly line of the Waldrop property, N. 89° 45' W. 463.78 feet to a point, being corner 2 on said plat; thence N. 160 12' 45" W. 440.22 feet to corner 3; thence N. 75o 21' 40" E. 93D0 feet to corner 4; thence with the southerly line of the property now or formerly R. B. Layman, et al, S. 78o 03' 20" E. 502.88 feet to corner 5; being on the westerly line of Peters Creek Road; thence with the same, S. qo 30' 00" W. 332.96 feet to the place of BEGINNING, and containing 4.97 acre, and Official Tax No. 2770102. rezoned from C-i, 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 publishe( and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 29th day of May, 1973, at 7:30 p.m., before the Council of the City of Roanoke, at whic hearing all parties in interest and citizens were given an opportunity to be hea 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 Titl XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 277 of the Sectional 1966 Zone Map, City of Roa- noke, be amended in the following particular and no other, viz.: Property located on Peters Creek Road and described as follows: All property lying east of the centerline of Peters Creek of the hereinafter described 4.97 acre tract: BEGINNING at a point on the present westerly line of Peters Creek Road, said point being on the northeasterly corner of the property of C. B. Waldrop and L. S. Waldrop, recorded in Deed Book 978, page 190, in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, said point being corner 1 on Plat prepared by Buford T. Lumsden $ Associates, dated January 3, 1972; thence leaving said beginning point, and with the northerly line of the Waldrop property, N. 890 45' W. 463.78 feet to a point, being corner 2 on said plat; thence N. 16o 12' 45" W. 440.22 feet to corner 3; thence N. 750 21' 40" E. 93.00 feet to corner 4; thence with the southerly line of the property now or formerly R. B. Layman, et al, S. 780 03' 20" E. 502.88 feet to corner 5, being on the westerly line of Peters Creek Road; thence with the same, S. 90 30' 00" W. 332.96 feet to the place of BEGINNING, and containing 4.97 acres, and Official Tax No. 2770102. designated on Sheet 277 of the Sectional 1966 Zone Map, City of Roanoke, as Officia Tax No. (s). 2770102, be, and is hereby, changed from C-l, Office and Institutional District, to C-2, General Commercial District, and that Sheet No. 277 of the afore- said 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 June, 1973. No. 20910. AN ORDINANCE permanently vacating, discontinuing ~and closing a certain map alley or roadway, being 12 feet wide and 54.3 feet long, running in an Easterly direction from another existing alley between Franklin Road and Luck Avenue, S.W., in the City of Roanoke, Virginia, as shown on Sheet 101 of the Appraisal Map of the City of Roanoke, Virginia, in the Roanoke City Engineer's Office. WHEREAS, James D. Apostolou, has heretofore filed his petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the aB ye-described map alley or roadway, the filing of which petition due notice was given to the public as re- quired by law; and WHEREAS, in accordance with the prayers of said petition, viewers were appointed by the Council on the 2nd day of April, 1973, to view the property and to 148 report in writin9 whether in their opinion any inconvenience would result from permanently vacatin9, discontinuin9 and closin9 said map alley or roadway; 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. pub- lic from permanently vacatin9, discontinuin9 and closin9 said map alley or road- way; and WHEREAS, Council at its meetin§ on April 2, 1973, referred the Petition to the City Plannin9 Commission, which Commission in its report before the Counci on April 23, 1973, recommended that the request to close the said map alley or roadway, as hereinafter described, be 9ranted; and WHEREAS, a public hearing wa's held on the question before the Council at its meetin9 on the 29th day of May, 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, the Council considers that no incon. venience will result to any individual or to the public from permanently vacating discontinuing and closing the map alley or roadway, as recommended by the Plannin Commission, and that accordingly, said map alley or roadway should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following unopened alley described as follows: BEGINNING on an alleyway that exten~s from Franklin Road to Luck Avenue, S. W., in the City of Roanoke, Virginia, at a point on said alleyway 104.5 feet north of Franklin Road to a point; and thence in an easterly direction from existing alleyway a distance of 54.3 feet wide, and being as shown on an Appraisal Map of the City of Roanoke, Virginia, Sheet 101, in the Roanoke City Engineer's Office. be, and it hereby is, permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke and of the public in a~ 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 reserving unto itself, however, a per- petual easement for sewer lines, drains, water lines and other public utilities which may now be located in and over the aforesaid map alley or roadway. BE IT FURTHER ORDAINED, that the City Engineer be, and he hereby is, directed to mark "permanently closed" on the map alley or roadway, above describe( on all maps and plats on file in his office on which the said alley or roadway may appear, 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 ORD~ NED, that the Clerk of the Council deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk of said Court may make proper notation on all maps or plats recorded in his office upon which are shown the said alley, as provided by law, and that if so requested by any party in interest, he may record the same in the deed book in his office indexing the same in the name of the City of Roanoke as grantor and in the name of any party in interest who may request it as grantee. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1973. No. 20921. AN ORDINANCE to amend and reordain Section ~94000, "Public Schools - Titl, I Summer Program Under Public Law 89 - 10," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 ~94000, "Public Schools - Title I Summer Program Under Public Law 89 - 10," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC SCHOOLS - TITLE I SUMMER PROGRAM UNDER PUBLIC LAW 89 - 10 ~94000 Personal Services ........................ $101,446.00 Supplies ........................ 9,450.00 Attendance ~e;~ic;s i ]i.i] ..... 1,000.00 Health Services .......................... 350.00 Transportation ........................... 10,700.00 Maintenance of Plant .......... , .......... 825.00 Fixed Charges ............................ 8,949.00 Food Services ........................ 20,256.00 Community ServiCes ......... ~.' . 1,350.00 100% of expenditures for this project are to be reimbursed from the State Department of Education, Public Law 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 150 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1973. No. 20922. AN ORDINANCE to amend and reordain Section =93000, "Schools - Library Books and Audio Visual Materials," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 - Library Books and Audio Visual Materials, of the 73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - LIBRARY BOOKS AND AUDIO VISUAL MATERIALS =93000 Library Books and Audio Visual Materials .... $6,861.68 100% of expenditures to be reimbursed from Title II funds. 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 4th day of June, 1973. No. 20923. AN ORDINANCE to amend and reordain Section =23, "Sheriff," of the 1972- 73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~23, "Sheriff," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SHERIFF ~23 Automobile Allowance (1) .................. $11,300.00 (1) Net increase $1,500.00 BE IT FURTHER ORD/~NED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1973. No. 20924. AN ORDINANCE to amend and reordain certain sections of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that cer- tain sections of the 1972-73 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: RETIREMENTS =13 Group Insurance (1) ...................... $29,068.00 PERSONNEL =14 Fees for Professional and Special Services (2) .................... 8,400.00 Advertising (3) .......................... 1,000.00 COMMONWEALTH'S ATTORNEY =22 Fees for Professional and Special Services (4) .................... 2,630.00 SHERIFF =23 Personal Services (5) .................... 48,826.34 (1) Net increase $2,400.00 (2) Net decrease 600.00 (3) Net increase ................. 600.00 (4) Net increase 300.00 (5) Net increase .......... 1,800.00 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 4th day of June, 1973. No. 20925. AN ORDINANCE to amend and reordain Section =90, "Sewage Treatment Fund," of the 1972-73 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. 152 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~tgo, "Sewage Treatment Fund," of the 1972-73 Sewage Treatment Fund Appro- priation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND ~90 Personal Services (1) ..................... ' $280,082.00 (1) Net increase $6,000.00* *To be applied to retirement contributions and social security for five Chief Operator positions at the Sewage Treatment Plant 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1973. No. 20926. AN ORDINANCE to amend and reordain Section =91, "Non - Departmental," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of t~ Municipal Government of 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 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON - DEPARTMENTAL ~91 Bethany Hall .......................... $28,280.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 153 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1973. No. 20927. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards," with the Division of Justice and Crim, Prevention for an action grant of Federal funds for implementation of a halfway house for alcoholic women in the City. WHEREAS, pursuant to prior authority of this Council, there have been fil on behalf of the City with the Division of Justice and Crime Prevention several app cations for action 9rant 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-A1319 for implementatim of a halfway house for alcoholic women program subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and WHEREAS, the City Manager recommends to the Council that Grant No. 72-A13'. be accepted upon such special conditions aforesaid, in which recommendation Council concurs. lOWS: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fol- 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-A1319 for Federal funds in the amount of $28,280.00 through said Division, to be used, along with certain other local funds and in-kind contributions, to aid in implementation of a halfway house for alcoholic women program in the City, estimated to cost appro: imately $39,230.00; 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 Justic, and Crime Prevention in connection with the City's aforesaid acceptance of said grant or with said project. ATTEST: APPROVED d i- Deputy City Clerk Mayor 154 IN T}E COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1973. No. 20928. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds for implementation of a new police radio channel 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~ tions 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-A1625 for implementation of a new police radio channel 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. 72- AI625 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 fol- lOWS: 1. That Byron E. Haner, City Manager, be and he is hereby authorized t accept, execute and file the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for Action Grant No. 72-A1625 for Federal funds in the amount of $9,702.00 through said Division, to be used, along with certain other State and local funds and in-kind contributions, to aid in implemen- tation of a new police radio channel in the City, estimated to cost approximately $12,936.00; and 2. That the City Manager or his successor in office is further direc to furnish such additional information as may be required by the Division of Jus- tice and Crime Prevention in connection with the City's aforesaid acceptance of said grant or with said project. ATTEST: APPROVED Deputy City Clerk Mayor 155 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1973. No. 20929. AN ORDINANCE to amend and reordain Section ~440, "Civic Center Fund - Ad- ministrative Expenses," of the 1972-73 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 1972-73 Civic Center Fund Appropriation Ordinance, be, and the same is hereby, amended and reor- dained to read as follows, in part: CIVIC CENTER FUND- ADMINISTRATIVE EXPENSES =440 Office Furniture and Equipment - .... ............ $5. o .oo Office u~n re a ~.q ip. en Replacement (2) ......................... 725.00 (1) Net decrease $725.00 (2) Net increase 725.00 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 June, 1973. No. 20930. A RESOLUTION authorizing the issuance of permits to authorize continuance of nonconforming use of premises located at 1129-31Wasena Avenue, S. W., and at 1133-35 Wasena Avenue, S.W., being Official Nos. 1230817 and 1230816, respectively. WHEREAS, the time having expired wherein, under the City's general zoning regulations, permit may be issued by the Commissioner of Buildings for continuance of uses of property in the City made nonconformin9 by the adoption of the City's 1966 zoning regulations and the owners hereinafter named having made application to the Council that permission be 9ranted to continue the use of their respective pre- mises hereinafter mentioned as three-unit apartment dwellings, for which noncon- forming use, through inadvertence of former owners of said premises, no formal and timely application for issuance of a certificate of occupancy under the City's 156 zoning regulations for continuance of such nonconforming use was made to the Com- missioner of Buildings; and WHEREAS, the City Council, considering the matter, is of opinion to waive the requirement of due application for such permit and to authorize the Commission, of Buildings to issue the same to said owners. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Commissioner of Buildings be and is hereby authorized, upon due written applicatio being made therefor, to issue to Carl E. Dillon and Beulah P. Dillon, as the owner of the premises located at 1129-31 Wasena Avenue, S.W., Official Tax No. 1230817, and to Richard S. Winstead and Evelyn F. Winstead, as the owners of the premises located at 1133-35 Wasena Avenue, S. W., Official No. 1230816, the. improvements whereon consist in each case of three-unit apartment dwellings, permit for continu' ance of such nonconforming use and occupancy of said premises, upon express condi- tion that the use of said premises, shall, otherwise, comply with all other genera ordinances and regulations of the City. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1973. No. 20931. A RESOLUTION recommending and urging the initiation by the Department of Highways of a project to improve State Route 115 from the intersection of 13th Street and Dale Avenue, S. E., to the intersection of 9th Street and Orange Avenue! N. E., including a bridge over Lick Run and the Norfolk and Western Railway, set- ting 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 State Route 115 from the inter- section of 13th Street and Dale Avenue, S. E. to the intersection of 9th Street and Orange Avenue, N. E., including a bridge over Lick Run and the Norfolk and Western Railway 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 of that segment of Route 115, from the intersection of 13th Street and Dale Avenue, S. E., to the intersection of 9th Street and Orange Avenue, N. E., including a bridge over Lick Run and the Norfolk and Western Railway, 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 project. 157 BE IT FURTHER RESOLVED that the City Manager be, and he is hereby autho- rized to execute, on behalf of the City, all requisite application to the Virginia Department of Highways for the accomplishment of the aforesaid project and, further to extend the City's assurance that said City will, upon the ordering of such pro- ject, commit itself to pay 15% of the total cost thereof out of funds provided in the City's Capital Improvements Project Account for such purposes. A TTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1973. No. 20932. A RESOLUTION recommending and urging the initiation by the Department of Highways of a project to improve lOth Street, N. W., between Gilmer Avenue, N. W. and Williamson Road, N. W., in the City of Roanoke; setting out the need therefor; and committing the City to pay its proportionate share of the cost of such project. WHEREAS, there exists a need to improve lOth Street, N. W., between Gilmer Avenue, N. W. and Williamson Road, N. W., in the City of Roanoke 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 design, right o acquisition and construction of that segment of lOth Street, N. W., between Gilmer Avenue, N. W., and Williamson Road, N. W., such to be accomplished by project in whi the State would bear 85% and the City would bear 15% of the total cost of such pro- ject. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby autho- rized to execute, on behalf of the City, all requisite applications to the Virginia Department of Highways for the accomplishment of the aforesaid project and, further to extend the City's assurance that said City will, upon the ordering of such pro- ject, commit itself to pay 15% of the total cost thereof out of funds provided in the City's Capital Improvements Project Account for such purposes. A TTE ST: APPROVED way Deputy City Clerk Mayor 158 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1973. No. 20933. A RESOLUTION stating the intent of the City of Roanoke to sponsor and accept lead responsibility for the Cooperative Area Manpower Plannin9 System (CAMPS) program, and to accept, receive and administer CAMPS grant funds; desig- natin9 and authorizing and directing Byron E. Haner, City Manager of the City of Roanoke, to act as chairman of the Manpower Area Planning Council; and designating and authorizing and directing A. N. Gibson, City Auditor of the City of Roanoke, to act as fiscal agent for the Manpower Area Planning Council. WHEREAS, by Presidential Executive Order No. 11422, dated August 15, 1968, the Cooperative Area Manpower Planning System (CAMPS) program was authorized to facilitate and encourage manpower planninq on a reqional or labor market basis; and WHEREAS, in the year 1971, the City of Roanoke, or its duly authorized designee, was desiqnated as the local governmental aqency to have lead responsi- bility for said CAMPS proqram; and WHEREAS, at that time it was determined that the City was not in a posture to undertake manpower planninq on the magnitude specified and the City, therefore, designated the Fifth Planninq District Commission as'designee to carry out the CAMPS PROGRAM and to be the recipient of CAMPS grant funds; and WHEREAS, by report dated May 14, 1973, the City Manager advised the Council that the City is now in a posture to carry out the CAMPS program on the magnitude specified, and recommended to the Council that the City sponsor and accept the lead responsibility for the CAMPS program and that the City aqree to accept, receive and administer the CAMPS grant funds for the fiscal year 1973-74 in order that the City play a siqnificant part in manpower planning for the local area served by the CAMPS program, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council does hereby express its intention to sponsor and accept the lead responsi- bility for the Cooperative Area Manpower Planning System (CAMPS) program and aqree to accept, receive and administer CAMPS grant funds for the fiscal year 1973-74, and desiqnates and authorizes and directs Byron E. Haner, City Manaqer of the City of Roanoke to act as chairman of the Manpower Area Planning Council; and fur- ther designates and authorizes and directs A. N. Gibson, City Auditor of the City of Roanoke to act as fiscal aqent of the Manpower Area Planning Council. ATTEST: APPROVED Deputy City Clerk Mayor 159 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1973. No. 20934. AN ORDINANCE relatin9 to the acquisition of temporary and permanent ease- ments in certain land situate on the north line of Springhill Drive, N. W., relatin to the proposed new Springhill Drive, N. W., Storm Drain Project, and providin9 for the City's acquisition of said easements in land by condemnation; authorizin9 that City make motion for the award of an immediate right of~entry on said property for the purpose of commencin~ its work; and providin§ for an emergency. WHEREAS, for the construction of the Springhill Drive, N. W., Storm Drain Project, a portion of the fundin9 for which was authorized in the 1972 Bond Electio the City wants and needs certain temporary and permanent easements through a north- erly portion of property situate on the north line of Springhill Drive, N. W., bein9 Lots 11, 12, 13 and 14, Block 13, Section 2, accordin9 to the map of Fairlan¢ and WHEREAS, by virtue of the fact of impendin9 escheat proceedings to which said lands have become subject, which have not yet become final, it is not possible to secure a formal deed for said easements in land at an early date; and WHEREAS, in view of the provisions of Sec. 55-201.1 of the 1950 Code of Virginia, and in order that immediate construction of the proposed new storm drain be commenced, prior to which it is necessary that the City have acquired a ri§hr of entry on the hereinafter described property for the purpose of constructinq said storm drain; and WHEREAS, for the usual daily operation of the municipal ~overnment 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 fol- lOWS: 1. That the City of Roanoke wants and needs for the purpose of construct in§ a storm drain through and across the followin9 described easements in land, and as the City is unable to secure said easements in land at an early date by deed fro the owner thereof, said la nd havin9 heretofore escheated to the Commonwealth of Vir§inia, 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 temporary and permanent easements in certain of the followin9 described lands situate in the City of Roanoke, Virginia, on the north side of Springhill Drive, N. W., said easements bein9 more particularly described as follows, to-wit: he 160 A perpetual easement for the purpose of con- structing, installing, and thereafter maintain- ing, operating and relaying a public storm drain, with all necessary appurtenances thereto, in, on, over, through and across the following described right-of-way ten feet in width, to-wit: BEGINNING at point "A", said point being loca- ted on the southwesterly corner of Lot 11, Block 13, Section 2, according to the map of Fairland, said point further being on the north line of Springhill Drive, N. W.; thence, along the division line between said Lot 11 and Lot 10, N. 17o 06' 55" E. 145.0 feet to point "B"; thence, through the northerly portion of Lots 11, 12, 13 and 14, S. 72o 53' 05" E. 75.0 feet to point "C"; thence, N. 17o 06' 55" E. 5.0 feet to a point on the southerly line of Lot 45, Block 13, Section 2, Fairland, now or formerly owned by Robertson, at point 'D"; thence, S. 72o 53' 05" E. 15.0 feet to point "E"; thence, leaving Robertson, S. 17o 06' 55" W. 20.0 feet to point "F"; thence, N. 72o 53' 05" W. 90.0 feet to point "G"; thence, S. 17o 06' 55" W. 130.0 feet to a point on the north line of Springhill Drive, N. ~., at point "H"; thence, along said north line of Springhill' Drive, N. W., N. 72o 53' 05" W. 15.0 feet to the point of BEGINNING; TOGETHER WITH a temporary construction easement, 10 feet in width, situate adjacent to and to the east and south of the lines described above as running from points "E" through "F" through "G" and through "H", said temporary construction easement being for the purpose of entering upon said temporary construction easement areas and utilizing the same as may be necessary for the proper construction of the storm drain herein- above described and for the purpose of operating and storing equipment and materials and stock- piling earth and materials during the period of construction, said temporary easement to termi- nate and expire upon the completion of the afore- said storm drain project; together with the right of ingress, egress and regress upon and over the above-described easement areas for any and all of the purposes aforesaid; said easement areas being shown in detail on Plan No. 5369-C, prepared under date of the 15th day of February, 1973, in the Office of the City Engineer, Roanoke, Virginia, a copy of which said plan is on file in the Office of the City Clerk. 2. That, in instituting or conducting the condemnation proceeding here- in authorized to be brought on behalf of the City, the City Attorney is hereby authorized and empowered to make motion on behalf of the City for entry of an orde 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 for the purpose of commencing its construction of said street; and the City Auditor, upon request of said City Attor' ney shall be, and is hereby authorized and directed to draw and make payment into such court wherein said condemnation proceedings may be pending the sum of $50.00, such sum aggregating the estimated fair market value of respective easements in 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. APPROVED ATTEST: Deputy City Clerk Mayor 161 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1973. No. 20936. A RESOLUTION re-endorsing the establishment of a Citizens Council on Environmental Quality. WHEREAS, a committee of the Roanoke Valley Council of Community Services, following six months of study, have submitted an exhaustive report on Environmental Quality, dated June 1972, and havin9 recommended the establishment of a Citizens Council on Environmental Quality; and WHEREAS, by Resolution No. 20388, adopted July 24, 1973, this Council endorsed the concept of the establishment of a Citizens Council on Environmental Quality and offered to assist the Roanoke Valley Council of Community Services in accomplishing the objectives of this worthwhile endeavor; and WHEREAS, application has been made to the Commonwealth of Virginia for funds to sustain such a Citizens Council for one year, and this Council desires to re-endorse the establishment of such Council and to indicate its willingness to consider making available, if feasible, surplus office space for the use of such Citizens Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that thi Council doth re-endorse the establishment of a Citizens Council on Environmental Quality for the purpose of involving the citizens and communities of the Roanoke Valley with the elimination of the deterioration of the environment in the Valley and doth further express its willingness to consider making available, if feasible surplus office space for the use of such Citizens Council. BE IT FURTHER RESOLVED that the City Clerk do transmit an attested copy of this resolution to the Chairman of the Environmental Council Steering Committee APPROVED ATTEST: ~.~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20935. AN ORDINANCE authorizing and directing the City's conveyance of ninety- three (93) separate parcels of land hereinafter more specifically described, sold to the highest bidder at public auction on May 23, 1973, upon the terms and condi- tions designated by Council in Ordinance No. 20227, heretofore adopted by the Coun- cil on May 1, 1972. 162 WHEREAS, the City is the owner of ninety-three (93) separate parcels of land hereinafter described which, being held as surplus property and not needed for public purposes, were the subject of offers to purchase made to the City at public auction sale held May 23, 1973; and WHEREAS, the Council's Real Estate Committee, through which the said offers were directed to the Council, has reported to the Council under date of May 29, 1973, and has recommended that said offers should be accepted and that con~ veyance of the title to said property to the offerors be authorized and directed on the terms set forth in Ordinance No. 20227. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the sale and conveyance of the following described parcels of land situate in the City of Roanoke, viz: Purchaser Official No. Amount Mack Aheron C. E. Bane 3221110 $1,000.00 3221116 1,150.00 3221133 1,250.00 3221214 850.00 3221221 800.00 3341027 600.00 4320411 1,400.00 T. M. Boitnott Raleigh C. Childress, Jr. George L. DeHaven, Sr. 1120911 300.00 2150401 3,000.00 1221013 75 O0 1311002 175.00 Raymond J. Fox 1421635 1421636 1421637 1421638 1421639 1421640 1421641 1421642 1421643 1421644 1421645 1421646 1421647 1421648 1421649 7,000.00 G. D. Guthrie 4142621 4142622 4142623 1,650.00 Mamie B. Hudson 4123016 725.00 Roger L. Ingram 2211009 2211010 2211011 2211012 2,000.00 Marvin E. Jacobs John A. Hall & Co., Inc. 4123018 1312705 1320413 1320414 1320415 1320416 600.00 1,000.00 4,000.00 C. F. Kefauver 2212113 2212325 4221328 4221329 4221408 4221409 4221410 600.00 700.00 1,250.00 1,125.00 163 Purchaser Official No. Amount Garrett E. McGuire 2031604 222O422 2220423 2771311 322O3O1 4O116O9 4040925 4041805 4111501 4111502 4111509 4111604 4111605 423O421 423O422 $ 55O.OO 1,050.00 375.00 225.00 350.00 1,275.00 1,350.00 800.O0 275.00 75O.OO 575.OO Philip Malouf 2010504 100.00 Peter H. Moeller 139O620 7,1OO.00 Susan Wall Reynolds 2220418 2220419 1,100.00 C. J. Rose 2231822 575.00 W. I. Saunders 1421670 1421671 800.00 800.00 Saunders & Johnson, Inc. 1320408 1320508 1320509 1,000.00 2,325.00 A. W. Simmons 4041104 4041105 4111106 4430601 1,450.00 55O.O0 13,000.00 J. B. Tankersley III 1440419 1,800.00 Emory T. Thurman 2330317 300.00 Herbert D. Ward 4011124 4011125 4011126 4011127 4011128 4011129 4011130 1,300.00 B. J. Webb 3230808 350.00 John H. Windel 1322102 725.00 4111912 125.00 C. K. Wright 4011120 125.00 4011121 300.00 4112307 225.00 4211807 175.00 to the aforesaid purchasers, for and in consideration of the above set out sums heretofore paid be, and is hereby approved, ratified and confirmed upon the terms and conditions provided in Ordinance No. 20227 adopted May 1, 1972. BE IT FURTHER ORDAINED that the Mayor be, and he is hereby authorized and empowered, for and on behalf of the City, to execute deeds of conveyance prepared by the City Attorney conveying to said purchasers or to whomever said purchasers may designate, in writing, the fee simple title to the aforesaid parcels, such deed to contain the City's Special Warranty of Title; and that the City Clerk be, and is hereby authorized and directed to affix to the aforesaid deeds of conveyance the 164 City's corporate seal and to attest the same, said officials to thereafter acknow-. ledge their signatures as provided by law. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20937. AN ORDINANCE to amend and reordain Section ~58, "Street Construction and Repair," and Section ~69, "Sanitation Division," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~58, "Street Construction and Repair," and Section ~6q, "Sanitation Divi- sion,'' of the 1972-73 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: STREET CONSTRUCTION AND REPAIR =58 Supplies and Materials - Construction (1) ................... $89,750.00 Other Equipment- N;~ ;~i ...] ..... ~. 250.00 SANITATION DIVISION ~69 Personal Services (3) ...................... $1,089,146.00 Supplies and Materials - Construction (4) .......................... 34,000.00 (1) Net decrease (2) Net increase (3) Net decrease (4) Net increase ---$ 250.00 250.00 6,500.00 --- 6,5OO.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor 165 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20938. AN ORDINANCE to amend and reordain Section ~340, "Municipal Airport Fund,"' of the 1972-73 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 Sec- tion ~340, "Municipal Airport Fund," of the 1972-73 Municipal Airport Fund Appro- priation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL AIRPORT FUND ~340 Rentals (1) .................... $5,400.00 Printing and ~i~ Supplies (2) ...... .................. 325.00 Rentals (3) .......................... 5,000.00 Food, Medical and HOusekeeping Supplies (4) ........................ 3,400.00 (1) Net decrease (2) Net increase (3) Net decrease (4) Net increase $100.00 100.00 400.00 400.00 BE IT FURTHER ORDAINED that an emergency existing, this Ordinance s~ 11 be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20939. AN ORDINANCE to amend and reordain Section =91, "Non - Departmental," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON - DEPARTMENTAL ~91 Virginia Juvenile Officer Association ............................. $1,340.00 BE IT FURTHER ORDAINED that an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: APPROVED 166 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20940. 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 Development of In-Service Training Programs for Adult and Juvenile Correctional, Probation and Parole Per- sonnel in the City. WHEREAS, pursuant to prior authority of this Council, there have been filed on behalf of the City with the Divisim 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'. 7i'A1594 for Development of In-Service Training Programs for Adult and Juvenile Correctional, Probation and Parole Personnel sub- ject to the acceptance, execution and filing by the City of the "Special Condition for Action Grant Awards"; and WHEREAS, the City Manager recommends to the Council that Grant No. 71-A1594, be accepted upon such special conditions aforesaid, in which recommenda- tion Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, as fol- lOWS: 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 Preventi~ for Action Grant No. 71-A1594 for Federal funds in the amount of $1,340.00 through said Division, to be used, along with certain other funds and in-kind contributions, to aid in Development of In-Service Training Programs for Adult and Juvenile Correctional, Probation and Parole Per- sonnel in the City, estimated to cost approximately $1,790.00; 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 Jus- tice and Crime Prevention in connection with the City's aforesaid acceptance of said grant or with said project. ATTEST: APPROVED Deputy City Clerk Mayor 167 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20941. A RESOLUTION authorizing the filing of an application for urban assistanc~ incentive funds by the City for the Blue Ridge ETV Association (WBRA-TV) and indi- catin9 the City's willingness to serve as the receiving agent for such funds. WHEREAS, the Blue Ridge ETV Association desires to televise a 30-minute film documentary concerning child abuse in the Commonwealth of Virginia within the Roanoke Valley; and WHEREAS, said Association has requested the City to file an application with the State Department of Plannin9 and Community Affairs for urban assistance incentive funds available to defray the cost of said 30-minute film documentary and to serve as the receiving agent for such funds as said funds can be disbursed only to a local unit of 9overnment. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council does hereby authorize the City Manager to file an application with the Stat, Department of Plannin9 and Community Affairs for urban assistance incentive funds to defray the cost of the 30-minute film documentary concernin9 child abuse in the Commonwealth of Virginia within the Roanoke Valley and does further indicate its willingness to serve as the receiving agent for such funds for the Blue Ridge ETV Association (WBRA-TV). APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20942. AN ORDINANCE to amend and reordain Section ~550, "Airport Capital Improve. ment Program," of the 1972-73 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 Sec- tion ~550, "Airport Capital Improvement Program," of the 1972-73 Municipal Airport Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 168 AIRPORT CAPITAL IMPROVEMENT PROGRAM =550 Terminal Building ~ Expansion (1) ........................... $250,000.00 (1) Net increase ..... $250,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20943. AN ORDINANCE to amend and reordain Section ~55, "Engineering," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~55, "Engineering," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ENGINEERING ~55 Fees for Professional and Special Services (1) .......................... $31,890.33 (1) Net increase $6,890.33 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal 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 June, 1973. No. 20944. AN ORDINANCE to amend and reordain Section ~320, "Water - General Expen of the 1972-73 Water Fund Appropriation Ordinance, and providin9 for an emergency WHEREAS, for the usual daily operation of the Municipal Government of t City of Roanoke, an emergency is declared to exist. 169 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~320, "Water - General Expense," of the 1972-73 Water Fund Appropriation Ordi- nance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER - GENERAL EXPENSE ~320 Fees for Professional and Special Services (1) ..................... $6,104.95 (1) Net increase ......... $1,104.95 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20945. AN ORDINANCE to amend and reordain Section =72, "Public Employment Pro- qram," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 =72, "Public Employment Program," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC EMPLOYMENT PROGRAM ~72 Personal Services (1) ...................... $100,471.00 (1) Net increase $18,261.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor 170 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20946. AN ORDINANCE repealing Ordinance No. 20827, awarding a contract for cer- tain advertising privileges to he exercised .at the Roanoke Municipal (Woodrum) Airport; directing that advertisement be made for new bids for the award of such contract; and providing for an emergency. WHEREAS, the terms of a certain contract authorized to be entered into by Ordinance No. 20827 have not been met by the bidder to whom such contract was proposed to be awarded; and it has been recommended to the Council that the afore- said ordinance be repealed, 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 Ordinance No. 20827, adopted by the Council on April 23, 1973, awarding a contrac for certain advertising privileges to be exercised at Roanoke Municipal (Woodrum) Airport upon certain terms and conditions, and directing the execution of a requi-! site contract, be and said Ordinance No. 2082~ is hereby REPEALED. BE IT FURTHER ORDAINED that the City Manager be and he is hereby directe to advertise, at such time as he deems appropriate considering current constructioi in progress at the Terminal Building at said Airport, for new bids or proposals to be made to the City for the award by the City of certain advertising privilege to be exercised at the aforesaid Airport, such advertisement to reserve the City's right to reject any or all such bids or proposals; and to make later report there- of to the Council. BE IT FINALLY 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 llth day of June, 1973. No. 20947. AN ORDINANCE providing for an increase of 7 1/2% in the annual compensa- tion of clerical personnel in the Municipal Court of the City of Roanoke and the Juvenile and Domestic Relations Court of the City of Roanoke, to become the Genera District Court of the City of Roanoke and the Juvenile and Domestic Relations District Court of the City of Roanoke, respectively, effective July 1, 1973; and providing for an emergency. 171 WHEREAS', during deliberations of the proposed budget of the City of Roanoke for fiscal year 1973-1974, the Council indicated its intent to provide in said budget a 7 1/2% increase in the annual compensation of all employees of the City; and WHEREAS, the Council is advised that impending reorganization of the Courts system of the commonwealth necessitates early expression of salary increases for certain present employees of all of the Courts not of Record in the City; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that ther, is hereby established, for those clerical personnel employed in the Municipal Court of the City of Roanoke and in the Juvenile and Domestic Relations Court of the City of Roanoke, a 7 1/2% increase in each such employee's annual compensation, effectiv, as of July 1, 1973, such increases to be set forth in detail and incorporated in the ordinance fixing and providing for a new System of Pay Rates and Ranges for the em- ployees of the City of Roanoke, effective on and after July 1, 1973. BE IT FURTHER ORDAINED that the City Clerk do forthwith transmit attested copies of this ordinance to Hon. Beverly T. Fitzpatrick and to Hon. Lawrence L. Koontz, to be delivered by them to appropriate State officials. APPROVED ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20948. AN ORDINANCE providing for an increase of 7 1/2% in the annual compensa- tion of all employees of the City, commencing with the pay period beqinnin9 July 1, 1973; and providing for an emergency. WHEREAS, during deliberations of the proposed budget of the City of Roa- noke for fiscal year 1973-1974, the Council indicated its intent to provide in said budget a 7 1/2% increase in the annual compensation of all employees of the City; and WHEREAS, the Council, having been advised that impending reorganization of the Courts system of the Commonwealth necessitates early expression of salary increases for certain present employees of all of the Courts not of Record in the City and, having, by ordinance adopted contemporaneously herewith, established on this date a 7 1/2% increase in the annual compensation of each of those clerical personnel employed in the Municipal Court of the City of Roanoke and in the Juvenil :1..72 and Domestic Relations Court of the City of Roanoke, hereby desires to similarly establish and immediately provide for a 7 1/2% increase in the annual compensation of all employees of the Ck y, commencing upon and after the pay period beginning July 1, 1973; 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 there is hereby established and provided for each employee of the City of Roanoke other than those clerical personnel employed in the Municipal Court of the City o: Roanoke, and in the Juvenile and Domestic Relations Court of the City of Roanoke for whom similar provision is being contemporaneously made, a 7 1/2% increase in each such employee's annual compensation, commencing upon and after the pay period beginning July 1, 1973, such increases to be set forth in detail and incorporated in the ordinance fixing and providing for a new System of Pay Rates and Ranges for the employees of the City of Roanoke for the fiscal year commencing July 1, 1973. 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 June, 1973. No. 20949. AN ORDINANCE to amend and reordain subsection (9) Di~pQ~ition of accumu- lated Contributions upon retirement or termination of service, 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, by advancing the effective date of a recent amendment to said subsection from July 1, 1973, to June 1, 1973, so a to avoid undue hardship to a beneficiary whose retirement is imminent; providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, by Ordinance No. 20907, heretofore adopted on May 21, 1973, the Council made extensive amendment to the City's Employees Retirement System to the benefit of those persons then in the employment of the City, the effect of all said amendments to be generally effective on July 1, 1973; and :!..73 WHEREAS, it appears that undue hardship will be suffered by one member of said Employees Retirement System whose retirement will occur during the month of June, 1973, unless the effective date of certain amendments to the subsection here- inafter mentioned is made retroactive to June 1, 1973; 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 sub- section (9) Disposition of accumulated contributions upon retirement or termination of service, 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 subsection is hereby amended and reordained to read and provide as follows (9) DisP0si~io~ of ~cc~mulated contributions upon retirement or termination of service. (a) A member who retires on or after June 1, 1973, under the provisions of section 6 or under the provi- sions of subsection (1), (3) or (5) of this section 7, shall be paid his accumulated contributions at such time as the board approves; provided, however, that such member may elect prior to the commencement of his retirement allowance to receive, in lieu of his accumulated contributions, an annuity which shall be the actuarial equivalent of his accumulated contri- butions at the time of retirement. (b) Should a member cease to be an employee for any reason other than death or retirement under this chapter, he shall be paid on demand the sum of his contributions together with such interest thereon, not less than one-half of accumulated regular interest thereon, as the board shall allow. (c) In the case of a member whose death or retirement occurred prior to June 1, 1973, the pro- visions of this chapter in effect prior to June 1, 1973, regarding the return of his contributions shall continue to 9overn. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect retroactive to June 1, 1973. ATTEST: APPROVED Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20950. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improvements Fund," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. '174 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~89, "Transfers to Capital Improvements Fund," of the 1972-73 Appropria- tion Ordinance, be, md the same is hereby, amended and reordained to read as fol- lows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND ~89 Appalachian Industrial Access Road ........................... $51,161.85 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passageo ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20951. AN ORDINANCE acceptin9 the proposal of John A. Hall g Company, Inc., fo the construction of an industrial access road in the Roanoke Industrial Center, from 9th Street, S. E., to property of Appalachian Power COmpany; authorizin9 the proper City officials to execute the requisite contract; rejectin§ certain other bids made to the City; and providin9 for an emerqency. WHEREAS, at the meetin9 of Council held on June 4, 1973, and after due and proper advertisement had been made therefor, three bids for furnishin9 all tools, machines, labor and materials, for the construction of an industrial acces: road in the Roanoke Industrial Center, from 9th Street, S. E., to property of Appalachian Power Company, 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 writin9 its tabulation and recommendation on said bids, from which it appears to the Council that the proposal of John A. Hall g Company, Inc., represents the lowest and best bid made to the City for the performance of said work, and should be accepted; and that said other bids should be rejected; and WHEREAS, for the usual daily operation of the municipal 9overnment an emerqency is declared to exist in order that this ordinance take effect upon its passage; funds sufficient for the purpose havin9 been contemporaneously appropria ed by the Council. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- lows: (1) That the proposal of John A. Hall g Company, Inc., for the construc- tion of an industrial access road in the Roanoke Industrial Center, from 9th Street S. E., to property of Appalachian Power Company, as described in the City's plans and specifications, based upon unit prices, for a sum not to exceed $51,161.85, cash, upon satisfactory completion of said work, be and said proposal is hereby ACCEPTED; the City to be reimbursed an agreed percentage of the total cost of said project by Appalachian Power Company in accordance with written agreement between said Appalachian Power Company and the City dated March 21, 1973, approved by the Council by Ordinance No. 20874; 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 attes respectively, the requisite contract with the aforesaid John A. Hall ~ Company, Inc., the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for said work; said contract to be upon such form as is approved by the Ci~ Attorney, and the cost of the work when completed, to be paid out of funds heretofore or contemporaneously appropriated by the Council for the purpose; and (3) That the other bids made to the City for performing said work be REJECTED, the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: ~_~.___ APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20952. AN ORDINANCE to amend and reordain Section ~63, "Municipal Building," and Section ~64, "Maintenance of City Property," of the 1972-73 Appropriation Ordinance and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 ~63, "Municipal Building," and Section ~64, "Maintenance of City Property," of the 1972-73 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: 176 MUNICIPAL BUILDING ~63 Utilities (1) ........................ $71,915.11 MAINTENANCE OF CITY PROPERTY =64 Maintenance of Buildings and Property (2) .................... 344,459.89 (1) Net decrease ..... $18,084.89 (2) Net increase 18,084.89 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20953. AN ORDINANCE accepting the proposal of Jefferson Electric Company, Inc. for the furnishing of all labor and materials necessary for constructing electri- cal alterations at the C~ y Market building; authorizing the proper City official 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 29, 1973, and after due and proper advertisement had been made therefor, three (3) bids for furnishing al labor and materials for constructing electrical alterations at the City Market building were opened and read before the Council, whe~upon 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 tabu- lation and recommendation on all said bids, from which it appears to the Council tM t the proposal of Jefferson Electric Company, Inc., 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, 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 fol- lows: 177 (1) That the written proposal of Jefferson Electric Company, Inc., made to the City for furnishing all labor and materials for constructing electrical al- terations at the City Market building, as described in the City's plans and specifi~ cations, except Unit C and Unit D of Bid II, and in accordance with said bidder's proposal for a total lump sum of $40,443.00 cash, upon satisfactory completion of said work, be, and said proposal less and except Unit C and Unit D of Bid II in the sum of $4,640.00, for the total sum of $35,803.00 for the work to be performed, 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 Jefferson Electric Company, Inc., the same to incorporate the terms and provisions of this ordinance and the City's plans and specifications made for said work, except as to Unit C and Unit D of Bid II which is hereby deleted; said contract to be upon such form as is approved by the City Attorney, and the cost of the work when completed, to be paid out of funds heretofore or contemporaneously herewith being appropriated by the Council for the purpose; and (3) That the other bids made to the City for performing said work be REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in 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 June, 1973. No. 20954. A RESOLUTION rejecting a certain bid received for the construction of storm drains on Walnut Avenue, S. W., from Jefferson Street to Maple Avenue, S. W., and at the intersection of Jefferson Street and Elm Avenue; and directing the City Manager to cause said project to be constructed and accomplished by City forces. WHEREAS, at the regular meeting of the Council held on June 4, 1973, and after due and proper advertisement had been made therefor, one (1) bid for the con- struction of storm drains on Walnut Avenue, S.W., from Jefferson Street to Maple Avenue, S. W., and at the intersection of Jefferson Street and Elm Avenue was open- ed and read before the Council, whereupon said bid was referred to a committee for tabulation and study and for recommendation to be made thereon to the Council; and 178 WHEREAS, said committee has reported to the Council in writing its tabu- lation of said bid, from which and upon said committee's report it appears that said bid exceeds the City's estimated cost of the project, and the said committee has, therefore, recommended that said bid be rejected and that the City Manager bE authorized to cause said project to be constructed and accomplished by City force in which recommendations the Council concurs. NOW, THEREFORE, BE IT RESOLVED that the bid heretofore received by the City for constructing storm drains on Walnut Avenue, S. W., from Jefferson Street to Maple Avenue, S. W., and the intersection of Jefferson Street and Elm Avenue, be, and the same is hereby REJECTED; the City Clerk to so notify said bidder and express the City's appreciation of said bid. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to cause said project to be constructed and accomplished by City forces, funds sufficient for the purpose having been contemporaneously appropriated by the Council. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20955. AN ORDINANCE amending and reordaining subsection (B) of Rule 39, Sectio 5, Chapter 1, Title XII, of the Code of the City of Roanoke, 1956, as amended, re. lating to the rates and charges for surplus water furnished to other incorporated municipalities, by fixing a new rate therefor; providing for the effective date of this ordinance; and providing for an emergency. WHEREAS, for the usual daily operation of the municipal government and of its Water Department, an emergency is declared to exist in order that this ordinance may take effect upon the date hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that subsection (B) of Rule 30, Sec. 5., Chapter 1, Title XII, of the Code of the City of Roanoke, 1956, as amended, relating to the rates and charges to be made for surplus water furnished by the City to other incorporated municipalities be, and said subsection is hereby amended and reordained to read and provide as follows: (B) The City will read. such meters monthly and shall compute and bill to such other incorporated municipality a charge for the water so consumed at a rate of forty- five cents per one hundred cubic feet of such water, and nothing contained in sub-paragraph (F) of Rule 38, pre- ceding, shall be held to apply to sales of surplus water made to such other incorporated municipality. ;I,.79 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect on and after July 1, 1973, and shall be applied to the sales of surplus water made on and after that date. APPROVED ATTEST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20956. A RESOLUTION requesting the Virginia Alcoholic Beverage Control Board ~ amend its regulations relating to the times at which alcoholic beverages may be sold in the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that the Virginia Alcoholic Beverage Control Board be and said Board is hereby requested to amend it regulations so as to extend the time for the sale of alcoholic beverages in the Cit of Roanoke to 2:00 o'clock, A. M., whenever Eastern Daylight Time is in effect. BE IT FURTHER RESOLVED that the City Clerk transmit to the Honorable T. Rodman Layman, Chairman of the Virginia Alcoholic Beverage Control Board, an attest. ed copy of this resolution. ATTE ST: Deputy City Clerk APPROVED Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1973. No. 20957. A RESOLUTION concurring in certain recommendations of the Roanoke Civic Center and Stadium Advisory Commission relating to improvements to the Roanoke Civi Center Exhibit Hall; and directing the City Manager to advertise for bids for such improvements. WHEREAS, the Roanoke Civic Center and Stadium Advisory Commission has, through the City Manager, advised the Council that certain functional and aesthetic improvements needed to be made to the Roanoke Civic Center Exhibit Hall would make the facility more adaptable to its intended use and would increase utilization ther 180 of, and has recommended immediate implementation of such improvements, 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 Roanoke Civic Center and Stadiu Advisory Commission that those certain improvements to the Roanoke Civic Center Exhibit Hall, set out in detail in written report of the City Manager dated June 4, 1973, are 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 improvements to said Exhibit Hall set forth in his report to the Council made under date of June 4, 1973. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1973. No. 20958. AN ORDINANCE to amend and reordain Section =2000, "Public Schools - In- struction,'' of the 1972-73 Appropriation Ordinance, and providing for an emergenc WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =2000, "Public Schools - Instruction," of the 1972-73 Appropriation Ordi- nance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC SCHOOLS - INSTRUCTION =2000 Personal Services (1) ................... $10,015,729.60 (1) Net increase -~-$1,691.60 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor 181 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1973. No. 20959. AN ORDINANCE to amend and reordain Section =95000, "Public Schools - Emer- gency School Aid Act," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 =95000, "Public Schools - Emergency School Aid Act," of the 1972-73 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as fol- lows, in part: PUBLIC SCHOOLS - EMERGENCY SCHOOL AID ACT ~95000 Personal Services ........................ $271,374.00 Supplies and Services .................... 4,825.00 Travel ................................... 300.00 Fixed Charges ............................ 25,705.00 BE IT FURTHER ORDAINED that, an emerqency 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 June, 1973. No. 20960. AN ORDINANCE to amend and reordain Section ~75, "Recreation, Parks and Recreational Areas," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 g75, "Recreation, Parks and Recreational Areas," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: RECREATION, .PARKS AND RECREATIONAL AREAS ~75 Operating Supplies and Materials (1) ........................ $26,126.00 (1) Net increase .... $516.00 182 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. A TTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1973. No. 20961. AN ORDINANCE to amend and reordain Section =63, "Municipal Building," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual~daily operation of the Municipal Government of the City of Roanoke, an emergency is declared'to'exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~63, "Municipal Building," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL BUILDING =63 Food, Medical and Housekeeping Supplies (1) ................. $11,375.00 Other Equipment- New (2) .................. 625.00 (1) Net decrease .... $625.00 (2) Net increase 625.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal 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, 1973. No. 20962. A RESOLUTION authorizing the fili'ng of an application by 'the City for a grant of Urban Assistance Incentive Funds for funding a project in Child Support Research and Services; and indicating the City's willingness to serve as the re- ceiving and disbursing agency for such funds. 183 WHEREAS, the Council is advised of recommendation of authorities of the Juvenile and Domestic Relations Court of the City of Roanoke and of a local communi~ ty action agency of the need of a local program in child support and research and services, the purpOses of which are to improve the rate of compliance with court orders for child support and to develop a data base upon which a model system for court administration of child support can be developed. 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 an application for grant of Urban Assistance Incentive Funds in the sum of $28,932.00, to fund and defray the costs of a project in Child Support Research and Services in the City of Roanoke; and said Council does hereby indicate the City's willingness to serve as the receiving, administering and disbursing 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. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1973. No. 20963. AN ORDINANCE authorizing continuance of the employment of Albert Ramond and Associates for performing Phase II services in implementing certain recommenda- tions of a management study made pursuant to the provisions of Ordinance No. 20723, upon certain terms and conditions; and providing for an emergency. WHEREAS, the Council is advised by an advance copy of a summary report of Albert Ramond and Associates, Management Consultants, of certain recommendations to be made by said consultants proposing certain changes in the structure of the City's administrative and management organization, made to the Council in a study of the City's governmental operations, towards the end of improving and streamlinin the delivery of public services to the citizens of the City and the improvement of management control of staff activities necessary to support the furnishing of such public services, which said report is now under consideration by the Council; and WHEREAS, the City Manager has recommended to the Council that he be autho. rized to engage the further services of the aforesaid consultants to provide ser- vices, as under Phase II of said consultants' proposal made to the City under date of January 30, 1973, and in accordance with the City's Manaqement Study Outline 184 dated August 14, 1972, in implementing such of those recommendations of the con rants as are approved by the Council; sufficient funds for payment of the compen- sation for such additional services being available to the City under Grant Award No. CPA-VA-03-36-1006 (G); and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance be in force and effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that th City Manager be and he is hereby authorized and directed to enter into written agreement on behalf of the City of Roanoke with Albert Ramond and Associates, In- corporated, upon form approved by the City Attorney, engaging the services of the aforesaid consultants to assist, as under Phase II of said consultants' propoSal dated Jan uary 30, 1973, and in accordance with the City's Management Study Outli dated August 14, 1972, in implementing those certain changes in the City's admini trative and management organization and structure recommended to the COuncil by said consultants as a result of their studies made pursuant to the provisions of Ordinance No. 20723 which are hereafter specifically approved by the Council and ordered implemented; said consultants to be compensated for their additional ser- vices to the City under the provisions of this ordinance a sum based upon the value of such services but not to exceed $30,726.00, to be paid out of funds here' tofore appropriated for the purpose. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shal be in force and effect upon its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1973. No. 20964. AN ORDINANCE to amend and reordain Section ~64, "Maintenance of City Property," of the 1972-73 Appropriation Ordinance, and providing for an emergency WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~64, "Maintenance of City Property," of the 1972-73 Appropriation Ordinan 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) .............................. $330,575.00 (1) Net increase $4,200.00 !85 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1973. No. 20965. A RESOLUTION authorizing issuance to Branch g Associates, Incorporated, ot certain permits to allow for construction of certain improvements on property in the vicinity of Riverland Road, S. E., and Bennington Street, S. E., in the Inter- mediate Regional Flood Plain. BE IT RESOLVED by the Council of the City of Roanoke, the City Planning Commission so recommending, that the Building Commissioner of the City of Roanoke bc and is hereby authorized and directed to issue to Branch ~ Associates, Incorporated a permit or permits for the construction of the remaining improvements to the pro- perty to be known as "Jamestown Plaza", Official No. 4250104, as said improvements are shown on a site plan dated February 26, 1973, said property being located withi the Intermediate Regional Flood Plain referred to in Resolution No. 20850 of the Council adopted April 30, 1973, but the Council being assured by said owner and de- veloper that the floor level of all buildings for which said owner has obtained or desires to obtain such building permits is or will be above the aforesaid Intermed- iate Regional Flood Plain. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The loth day of June, 1973. No. 20966. AN ORDINANCE amending Ordinance No. 20897, providing for subcontracting of performance of certain administrative services in connection with PEP Program, by increasing the amount of funds expendable under said program; and providing for an emergency. 186 WHEREAS, the Council has been advised of the availability of approximate $20,736.00 of funds under the City's normal Public Employment Program (PEP) summer program which will not be expended by the City prior to June 30, 1973, but will be available for such program after July 1, 1973; and is further advised of recent co - firmation by the Department of Labor of an additional allocation to the City of $27,900.00 for use in the City's Summer PEP Program for which $75,000~00 was pro- vided by Ordinance No. 20897 and by an appropriation ordinance adopted concurrently therewith; and WHEREAS, the Council desires that all of said funds, aggregating the sum of $123,636.00 of Federal funds, be devoted to the purposes of the City's Summer PEP Program in the employment of eligible youth in the City during the summer of 1973, certain administrative functions of which are provided by Ordinance No. 20897 to be performed by Total Action Against Poverty in Roanoke Valley, a local community action agency; 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 written agreement authorized by Ordinance No. 20897 to be entered into between the City and Total Action Against Poverty in Roanoke Valley providing for said latter agency's performance of certain administrative services in connection with the City's Summer PEP Program for the. employment of youth during the summer of 1973, be amended so as to provide for the use and expenditure of $123,636.00 of Federal funds in the performance of said program, rather than the sum of $75,000.00 as referred to in said former ordinance; and that Ordinance No. 20897 be amended to the extent hereinabove provided. 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 18th day of June, 1973. No. 20967. A RESOLUTION providing for organization of the Fair Housing Board. WHEREAS, the City Council, by Ordinance No. 20725, has prescribed regula tions with respect to housing practices and procedures, and has provided for a board and for an administrator of such board to administer the provisions of said 187 ordinance, and has appointed the members of said board, and now desires that the members of said board meet and elect its officers and organize for transaction of its business. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Mayor be and is authorized to order a meeting of the members appointed by the C otncil to the Fair Housing Board, fixing a time and place for said meeting and at which time said members may elect a chairman and a vice-chairman and establish such pro- cedures of organization and conduct as it may deem necessary and as provided by Ordinance No. 20725; and that the City Manager do, as provided by the aforesaid ordinance and prior to the organizational meeting of the members of said Board, appoint an administrator of the Board who shall, among other duties, serve as secretary of the Board and keep records of its proceedings. APPROVED Deputy City Clerk ~ia yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No. 20973. AN ORDINANCE amending and reordaining Sec. 49. ~rtificate of occupancy for nonconformin9 uses., of Chapter 4.1, Title XV. 'Zoning, of the Code of the City of Roanoke, 1956, as amended, regulating the use of land, buildings, structures and premises and providing for issuance of certificates of occupancy for certain non- conforming uses, under the City's zoning regulations as set out in said chapter; and providing for an emergency. WHEREAS, the City Council has heretofore, on its own motion, proposed an amendment of Sec. 49. of Chapter 4.1, Title XV of the Code of the City of Roanoke, 1956, as amended, as hereinafter provided, said section regulating the use of land, buildings, structures and premises in the City and providing for issuance of certi- ficates of occupancy for certain nonconforming uses, under the City's zoning regu- lations as contained in said chapter; and WHEREAS, pursuant to the provisions of Sec. 70 and Sec. 71, Chapter 4.1, of Title XV of the Code of the City of Roanoke, 1956, as amended, and after due publication of written notice in a newspaper having general circulation in the City more than fifteen days prior to the holding of a public hearing on the question, a public hearin9 was held before the Council on the 25th day of June, 1973, in accordance with said notice, on the aforesaid proposal, at which public hearing all persons in interest and citizens were afforded an opportunity to be heard on the question; and 188 WHEREAS, upon the Council's due consideration of the whole matter, said Council is of opinion that Sec. 49. Certificate of occupancy for nonconformina uses., of Chapter 4.1, Title X¥. Zonina, of the Code of the City of Roanoke, 1956, as amended, should be amended as proposed and as set out in the notice of said public hearing and as hereinafter provided; 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 Sec 49. Certificate of occuDancv for nonconformino uses., of Chapter 4.1, Title X¥. Zonino, 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. 49. Certificate of occupancy for nonconforming uses. No person shall maintain, renew after discontinu- ance, change, move or extend any nonconforming use of any land, building, structure or premises, individually or in combination, in whole or in part, unless and until a certificate of occupancy therefor shall have been issued by the administra- tor. The board of zoning appeals shall have the authority to and may, upon the procedures provided in section 60 of this chapter as for authorization of variances, upon appeal of an applicant to the administrator for such certificate and upon showing made to the board that the nonconforming use was existing on or pri~or to August 29, 1966, that it has not been discontinued for a period of time exceeding one year after the aforesaid date, and that such use 'is not 'detrimental to the immed- iate neighborhood, direct the issuance by the administrator of a certificate of occupancy for such nonconforming use; and the provisions of section 63 of this chapter shall apply to any decision of the board 'made on such appeal. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No. 20976. AN ORDINANCE to amend and reordain certain sections of the 1972-73 Appro priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of th City of Roanoke, an emergency is declared to exist. 189 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that cer- tain sections of the 1972-73 Appropriation Ordinance, be, and the same are hereby, ~amended and reordained to read as follows, in part: CITY AUDITOR ~I0 Data Processing (1) ................... $116,761.00 Insurance (2) ......................... 5,439.00 MUNICIPAL BUILDING ~63 Utilities (3) ......................... Food, Medical and House- keeping Supplies (4) ................. MAINTENANCE OF CITY PROPERTY Rentals (5) ..................... Insurance (6j '' ' . ] .] ..... STADIUM AND ATHLETIC FIELD =76 Insurance (7) ......................... RECREATION, PARKS AND RECREATIONAL AREAS ~75 Insurance (8) ......................... (1) Net decrease (2) Net increase (3) Net decrease .... (4) Net decrease (5) Net decrease (6) Net increase (7) Net decrease (8) Net increase $2,939.00 2,939.00 2,000.00 1,000.00 900.00 3,900.00 194.00 194.00 88,000.00 11,000.00 1,350.00 27,400.00 556.00 1,294.00 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 25th day of June, 1973. No. 20977. AN ORDINANCE authorizing agreement to be entered into between the City of Roanoke and W. Darnall Vinyard and C. W. Francis and Sons, Inc., Agents for Indus- trial Development ~ Investment Company, et al, providing for the City's use of certain property on the north side of Roanoke River for the purpose of disposing of sludge from the City's Sewage Treatment Plant, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager has recommended that the agreement hereinafter provided be entered into by the City, advising the Council that such proposal has the approval of the State Water Control Board and the State Health Department; that the terms and conditions required to be agreed to are reasonable and minimal; and 190 that use of the area of land on the north side of Roanoke River for disposing of sludge from the Sewage Treatment Plant will expedite site preparation and construc tion of new improvements at said treatment plant; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance raise effect 'upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to enter into agreement on behalf of the City with W. Darnall Vinyard, tenant, and C. W. Francis and Sons, Inc., Agents for Industrial Development ~ Investment Company, and others, owners, whereby, in consideration of the sum of $1.00, cash, to be paid by the City to W. Darnall Vin- yard upon execution of such agreement, and of 'mutual benefits accruing to the par- ties to said agreement, the City be granted or accorded the right to pipe to and discharge upon the approximate 40-acre farm land leased by said Vinyard from said company on the north side of Roanoke River and in the easterly portion of the Roa- noke Industrial Center property Sludge from the'City's Sewage Treatment Plant on the south side of said river, such use by the City to continue for a period on one (1) year from the date of such agreement, but any party in interest to have the right to terminate said agreement upon ninety (90) days notice in writing given to said other parties; said agreement to be upon form approved by the City Attorney and to provide, amongst other things, for the following: a. The City to reimburse Vinyard at the rate of $180.00 per acre for actual damage, if any, to crops planted on said property when said damage is due solely to the City's use of said property; b. That, upon termination or expiration of the agreement, the City wil till the sludge deposited on the land and seed with grass the land so used by the City; c. That the City agree to indemnify and save harmless the other pattie to said agreement from any liability they may incur or be subject to by reason of damages, expenses or injury to person or property in any manner arising out of the City's aforesaid use of said land; and d. That the City agree to comply with all terms and provisions of the lease dated November 11, 1963, except as the same be altered or amended by the within authorized agreement. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shal be in force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor 191 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No. 20978. AN ORDINANCE authorizing the issuance of Change Order No. 1. to the City' contract with Watts and Breakell, Inc., authorized by Ordinance No. 20659, for cer- tain alterations and additions to the Terminal Building at Roanoke Municipal Airpor upon certain terms and conditions; adding sixty (60) additional calendar days to the working time provided in the aforesaid contract; and providing for an emergency. WHEREAS, the City Manager, in report to the Council dated June 11, 1973, has recommended that the Council approve the issuance of a change order to the City's construction contract with Watts and Breakell, Inc., dated January 17, 1973, so as, by alteration and modification of said contract to provide for certain passe qer holding rooms and security rooms and for enclosing the concourses at the Termi- nal Building at Roanoke 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 modifications and the time required to complete the same; and WHEREAS, the Council is of opinion that the change proposed in such work is desirable for the reasons reported by the City Manager and, accordingly, concurs in said proposal, and has appropriated a sum sufficient to defray the additional costs incurred by the change order herein authorized by the Council; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council'of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on be- half of the City, Change Order No. 1 to the City's contract dated January 17, 1973, with Watts and Breakell, Inc., for certain alterations and additions to the Termina Building at Roanoke Municipal Airport, said change order to provide for the follow- lng: Enclose Concourses, and build Passenger Departure and Security Rooms, and related work as set forth on Drawings ~110 thru 115, M 116, M 117, E 118, Ell9 and accompanying specifications. Delete toilets 16 and 17 shown on Drawings ~ 3 and 9. Original Contract Price Enclosing Concourses - Add Departure Rooms - Add Security Rooms - Add Omit Epoxy Bonding Agent - Deduct Delete Toilets 16 ~ 17 - Deduct Change Order No. 1 - Add New Total Contract Price $1,061,000.00 $ 41,199.00 199,712.00 12,679.00 843.00 $252,747.00 2.584.00 $250,163.00 $1,311,163.00 Extension of time for completion - 60 additional calendar days. 192 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No. 20979. A RESOLUTION authorizing the City Attorney to represent a certain member of the City's Police Department in certain civil proceedings brought against said officer, upon the said police officer's request for such representation. WHEREAS, it has been reported to the Council that a civil action for damages has been brought against R. D. Shields, a member of the City's Police Department, and against a Constitutional Officer of the City, said action growing out of the performance of the police duties regularly assigned said police officer and the Council desires to provide the authorization hereinafter contained. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, upon request being made therefor by the said police officer, the City Attorney be, and he is hereby authorized to provide legal representation for R. D. Shields, a member of the City's Police Department, in connection with a pending civil actio for damages brought against said police officer by one Albert W. Coachman, peti- tioner, in the United States District Court for the Western District of Virginia. A TTE ST: Deputy City Clerk APPROVED Mayor IN TIlE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No. 20980. AN ORDINANCE to amend and reordain certain sections of the 1972-73 Appro priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emerg~ cy is declared to exist. 193 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that cer- tain sections of the 1972-73 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: JUVENILE AND DOMESTIC RELATIONS COURT g19 Personal Services (1) ..................... $235,212.60 (1) Net increase $ 794.60 MUNICIPAL COURT ~20 Personal Services (1) ..................... $174,200.20 (1) Net increase $1,792.20 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 25th day of June, 1973. No. 20981. AN ORDINANCE to amend and reordain certain sections of the 1972-73 Appro- priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that cer- tain sections of the 1972-73 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CITY CLERK =2 Advertising (1) ....................... $ 2,742.51 (1) Net increase, $ 742.51 CITY MANAGER ~3 Printing 5 Office Supplies (1) ........ $ 2,795.17 (1) Net increase ---$ 45.17 COMMISSIONER OF REVENUE ~6 Operating Supplies and Materials (1) .. $ 2,766.65 (1) Net increase $ 9.65 CITY AUDITOR glO Printing g Office Supplies (1) ........ $ 14,372.62 (1) Net increase $ 172.62 PURCHASING ~11 Printing g Office Supplies (1) ........ $ 4,266.65 (1) Net increase $ 66.65 194 PERSONNEL ~14 Office Furniture g Equipment - (1) Net increase--- CLERK OF COURTS ~25 0peratinq Supplies &..Material-s Net ~ncrease (I) JAIL ~26 Food (1) New (1) ........ $ 1,005.31 $ .31 (1) ........... .. $ 15,432.89 ---$ 32.89 Supplies Net xncrea se-- POLICE ~45 Fees for (1) Net POLICE ~45 FIRE Professional and Special Services (1). xncrease $ 453.10 Vehicular (1) Net =47 Dues, (1) Net ncrease- Equipment- New (1) ................. ncrease- $ 133.59 Memberships & Subscriptions $ 52,430.22 (1) $ 11,983.10 DEPARTMENT OF BUILDINGS =48 Printing & Office Supplies (1) Net ~ncrease DEPARTMENT OF BUILDINGS =48 Motor Fuel & Lubricants (1) (1) Net xncrease AIR POLLUTION CONTROL =49 Maintenance of Machinery & (1) Net ~ncrease .... LIFE SAVING CREWS =51 Motor Fuel g Lubricants (1) (1) Net .~ncrease ENGINEERING =55 Overtime (1) (1) Net ~ncrease .... ENGINEERING =55 Printing g Office (1) Net ~ncrease TRAFFIC ENGINEERING $ 14,333.59 (1) ......... $ 5io 4o $ lO.4O $ lO2.11 eeeeeeeeeeeeeeeeeee $ 10.13 (1) ...... $ .84 Equipment $. 8.36 $ 20.10 Supplies (1) ................ $ 79.89 COMMUNICATIONS ~57 $ 1,302.11 $ 280.13 $ 250.84 $ 1,308.36 $ 1,020.10 $ 979.89 Vehicular Equipment (1) Net xncrease MUNICIPAL BUILDING ~63 Rentals (1) - Repl. (1) ............... $ $ 71.30 (1) ................................... $ Net ~ncrease .... $ .02 3,371.30 9,625.02 195 be in MAINTENANCE OF CITY PROPERTY :~64 Printing and Office Supplies (I) Net increase GARAGE =71 Motor Fuel ~ Lubricants (1) Net ~ncrease PARKS AND RECREATION =75 Printing g Office Supplies (1) Net xncrease PARKS AND RECM~ATION =75 Food (1) Net ncrease PARKS AND RECREATION ~75 Motor Fuel & Lubricants (1) Net ~ncrease PLANNING g83 Operating Supplies ~ (1) Net ~ncrease NON DEPARTMENTAL ~91 Refund Taxes (1) (1) Net ~ncrease NON DEPARTMENTAL =91 Refund Accounts (1) Net increase INTEREST ON INDEBTEDNESS ~95 Interest on Serial (1) Net increase TERMINAL LEAVE ~97 (1) .......... $ 664.75 $ 14.75 BE effect (1) ............... $ 2,204.63 $ 4.63 (1) ............ $ 2,002.08 $ 2.08 Services (1) ......................... $ 81.25 $ 9,081.25 (1) ............... $ 1,869.48 ---$ 69.48 Materials (1) ........ $ 45.22 $ 7,613.19 Terminal Leave (1) (1) Net increase IT FURTHER ORDAINED from its passage. ATTEST: 1) $17,500.00 $ 165.22 $ 32,613.19 $ 127,500.00 Bonds (1) .............. $1,405,930.62 $52,155.00 ........................ $ 49,822.80 ---$ 8,322.80 that, an emergency existing, this Ordinance APPROVED shall Deputy City Clerk Mayor 196 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No. 20982. AN ORDINANCE to amend and reordain Section ~90, "Sewage Treatment Depart. ment," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of th 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 Department," of the 1972-73 Appropriation Ordinance be,and the same i's hereby, amended and reord~'ned to read as follows, in part: SEWAGE TREATMENT DEPARTMENT ~90 Data Processing (1) ..................... $9,400.00 Terminal Leave (2) ...................... $1,619.56 (I) Net increase -$2,400.00 (2) Net increase $ 619.56 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 June, 1973. No. 20983. AN ORDINANCE to amend and reordain Section =440, "Civic Center," of the 1972-73 Appropriation Ordinance, and'providing-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 Section ~440, "Civic Center," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER ~440 Retirement Contributions (1) .......... $16,307.05 Terminal Leave (2) .. . 2,286.12 Operating Supplies ~ M~[;;i~{~'i~i'i~i 7,736.47 (1) Net increase-- $2,711.0fi (2) Net increase-- $1,786.12 (3) Net increase $ 236.47 197 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No. 20984. AN ORDINANCE to amend and reordain Section =340, "Airport," of the 1972-7: Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Ro'anoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~t340, "Airport," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT ~340 Terminal Leave (1) ..................... $573.01 (1) Net increase $73.01 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 25th day of June, 1973. No. 20985. AN ORDINANCE to amend and reordain Section =92, "Temporary Loans," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 ~92, "Temporary Loans," of the 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 198 TEMPORARY LOANS =92 Repayment of Temporary Loans (1) ........ $3,000,000.00 (1) Net increase ............ $3,000,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No. 20986. AN ORDINANCE to amend and reordain Section ~77, "Civic Center," of the 1972-73 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 =77, "Civic Center," of the ............. 1972-73 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER =77 City Operating Supplement (1) ............. $279,885.00 (1) Net increase $35,000.00 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 June, 1973. No. 20987. A RESOLUTION electin9 to pay, for the period commencing January 1, 1974 and thereafter, the entire amount of the salaries, expenses and other allowances fixed for the offices of the Attorney for the Commonwealth, the Commissioner of Revenue, the City Treasurer and the Sheriff, of the City of Roanoke, the City of Roanoke to be reimbursed directly by the State for the State's proportionate shar~ of all such salaries, compensation, benefits under §51-111.36 of the 1950 Code of Virginia, as amended, and other expense allowances. 199 BE IT RESOLVED by the Council of the City of Roanoke that, as authorized a~ provided in §§14.1-63 and 14.1-79 of the 1950 Code of Virginia, as amended, said City of Roanoke elects to pay, for the period commencing January 1, 1974, and there- after, the entire amount of the salaries, expenses and other allowances fixed for the offices of the Attorney for the Commonwealth, the Commissioner of Revenue, the City Treasurer and the Sheriff, of the City of Roanoke, the City of Roanoke to be reimbursed directly by the State for the Stat~s proportionate share of all such salaries, compensation, benefits under ~51-111.36 of the 1950 Code of Virginia, as amended, and other expense allowances. BE IT FURTHER RESOLVED that the City Clerk transmit to the Compensation Board, P. O. Box 1177, Richmond, Virginia 23209, attested copies of this resolution A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No. 20988. AN ORDINANCE supplementing the salaries set by the State Compensation Board for the Attorney for the Commonwealth of the City of Roanoke, and for his Assistants, upon certain terms and conditions; and providin9 for an emergency. WHEREAS, a committee of the Council appointed for the purpose of deter- mining the salaries of certain persons charged with the enforcement of the laws of the Commonwealth and ordinances of the City has recommended that the salaries set by the State Compensation Board for the Attorney for the Commonwealth of the City of Roanoke, and his Assistants, be supplemented for fiscal year 1973-1974, upon the terms and conditions hereinafter set forth, in which recommendation the Council concurs generally; 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 following salaries heretofore set by the State Compensation Board, of the Attorney for the Commonwealth of the City of Roanoke, and his followin9 named Assistants, be supplemented by the City of Roanoke, for fiscal year 1973-1974, in the followin9 amounts, upon the following express terms and conditions, viz.: State Compensation Supplement by Board - Salary - City of Roanoke 1973-1974 1973-1974 Total Robert F. Rider, Commonwealth's Attorney $16,500.00 $ 6,000.00 $22,50O.00 200 Bobby R. Osborne, Chief Assistant Commonwealth's Attorney Jack. V. Altizer, Assistant Commonwealth's Attorney Charles V. Hoback, Assistant Commonwealth's Attorney Bar.ry M. Tatel, Assistant Commonwealth's Attorney State Compensation Board- Salary- 1973-1974 $12,100.00 $12,100.00 $10,450.O0 $10,450.00 Supplement by City of Roanoke ' 1973-1974 $3,'000.00 $2,,000.00 $2,000.00 $2',000,00 Total $15,100.00 $14,100.00 $12,450.00 $12',450100 provided that, upon the acceptance of such supplement by the abovenamed persons, it is Under,stood and agreed that such person shall be expected to devo.te his. full time to and .give first priority to the duties of his office; and that the Common- wealth's Attorney will not permit any Assistant Commonwealth's Attorney to active- ly engage in the private practice of law, or to maintain a separate office for the private practice of law while receiving such supplement, if in the opinion of the Commonwealth's Attorney., it will be detrimental to the person's performance of his duty to the office of the Commonwealth's Attorney on a first priority basis. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect from its passage; and the City Clerk is directed to transmi~ to the Compensation Board, P~ O. Box 1177, Richmond, Virginia, 23209, and to Robert F. Rider, Esquire, Commonwealth's Attorney, attested copies of this ordinance. ATTEST: Deputy City Clerk APPROVED ~la yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No. 20989.: 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, 1973; and providing for an emergency. WHEREAS, the adoption of the Plans hereinafter set out is intended to amend, modify or repeal, to the exten~ herein provided, the plans, provisions and schedules contained in Ordinance No. 20351, adopted by the Council on'June 30, 1972, 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.R~ noke as fol- lows.: 201 1. That there be and is hereby adopted by the Council and made applicable i[to all of the City's employees on the City's payroll as of the first day of July, I973, and to such of them and others who are hereinafter provided for in this ordi- nance, 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 I SYSTEM OF PAY RATES AND RANGES CITY OF ROANOKE, VIRGINIA July 1, 1973 Hourly Equiv. of Step 1 2.19 2.30 Range Steps in Monthly Amounts No, I 2 3 4 5 6 (4,548)(4,776)(5,028) (5,292)(5,556) 7 379 398 419 441 463 486 5,832 8 398 419 441 463 486 512 6,144 Annual Equiv. of Step 6 2.42 2.54 2.67 2.80 2.95 9 419 441 463 486 512 538 6,456 10 441 463 486 512 538 566 6,792 11 463 486 512 538 566 596 7,152 12 486 512 538 566 596 626 7,512 13 512 538 566 596 626 658 7,896 3.10 3.27 3.44 3.61 3.78 14 538 566 596 626 658 691 8,292 15 566 596 626 658 691 726 8,712 16 596 626 658 691 726 762 9,144 17 626 658 691 726 762 800 9,600 18 658 691 726 762 800 840 10,080 3.99 4.18 4.40 4..62 4.84 19 691 726 762 800 840 882 10,584 20 726 762 800 840 882 925 11,100 21 762 800 840 882 925 972 11,664 22 800 840 882 925 972 1,020 12,240 23 840 882 925 972 1,020 1,071 12,852 5.09 5.34 5.61 5.88 6.18 6.48 6.81 24 882 925 972 1,020 1,071 1,123 13,476 25 925 972 1,020 1,071 1,123 1,181 14,172 26 972 1,020 1,071 1,123 1,181 1,241 14,892 27 1,020 1,071 1,123 1,181 1,241 1,303 15,636 28 1,071 1,123 1,181 1,241 1,303 1,368 16,416 29 1,123 1,181 1,241 1,303 1,368 1,436 17,232 30 1,181 1,241 1,303 1,368 1,436 1,508 18,096 7.16 7.52 7.89 8.28 8.70 31 1,241 1,303 1,368 1,436 1,508 1,583 18,996 32 1,303 1,368 1,436 1,508 1,583 1,662 19,944 33 1,368 1,436 1,508 1,583 1,662 1,745 20,940 34 1,436 1,508 1,583 1,662 1,745 1,832 21,984 35 1,508 1,583 1,662 1,745 1,832 1,924 23,088 9.13 9.59 10.07 10.57 11.10 36 1,583 1,662 37 1,662 1,745 38 1,745 1,832 39 1,832 1,924 40 1,924 2,019 1,745 1,832 1,924 2,019 24,228 1,832 1,924 2,019 2,120 25,440 1,924 2,019 2,120 2,227 26,724 2,019 2,120 2,227 2,339 28,068 2,120 2,227 2,339 2,456 29,472 (11.65) (12.23) (12.85) (13.49) (14.17) NOTE: Hourly equivalent based on 40 hour work week. SCHEDULE 2 PAY PLAN CITY OF ROANOKE, VIRGINIA July 1, 1973 Code Cla$~ificatioll CLERICAL. FISCAL AND ADMINISTRATIVE Clerical and Machine Operation Work Week Ranqe No 2O2 Code 1001 1002 1005 1006 1007 1010 1011 1015 1016 1017 1019 1025 1040 1044 1045 1046 1047 1048 1049 1052 1053 1054 1055 1057 1060 1062 1101 1102 1103 1111 1113 1114 1115 1120 1130 1132 1135 1136 1138 1140 1141 1143 1204 1205 1206 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 Cla~sifica;ion Work week Clerk 1 40 Clerk 11 40 Clerk Typist 1 40 Clerk Typist 11 40 Clerk Typist 111 40 School Secretary 1 40 School Secretary 11 40 Clerk Stenographer 1 40 Clerk Stenographer 11 40 Clerk Stenographer 111 40 Secretary to City Manager 40 Water Office Manager 40 Deputy City Clerk 40 Deputy Clerk of Courts 40 Deputy Clerk-Photographer 40 Deputy Clerk-Indexer 40 Deputy Clerk-Wills and Judgments 40 Deputy Clerk-Hustings Court 40 Deputy Clerk-Supervisor and Bookkeeper 40 Communications Dispatcher 1 40 Communications Dispatcher 11 40 Lead Communications Dispatcher 40 Key Punch Operator 40 Duplicating Equipment Operator 40 Box Office Cashier 1 40 Box Office Cashier 11 40 Fiscal and Stores Accounting Clerk l Accounting Clerk 11 Accounting Clerk 111 Auditor Programmer 1 Programmer 11 Assistant City Auditor EDP Operator 11 Surplus Commodity Clerk Storekeeper Buying Assistant Buyer Purchasing'Agent Assessor Audit Inspector License Inspector 40 40 40 40 40 40 40 40 40 40 40 40 40 Administrative and Specialized Box Office. Manager Financial Officer Assistant to the Civic Center Director Administration Administrative Assistant Chief Appraiser Appraiser 1 Appraiser 11 Assistant 'to Market Manager Market Manager Airport Manager Assistant Airport Manager Assistant Registrar 1 Assistant Registrar 11 General Registrar Safety Specialist Personnel Clerk Assistant Personnel Director Personnel Director Delinquent Tax Collector Coordinator of Civil Defense Zoo Manager Assistant to City Manager for Community Relations Civic Center Director Assistant Commissioner of Revenue Supervisor-Real Estate Records Director of Transportation Senior Assistant City Attorney Assistant City Attorney 4O 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 Raaqe No 8 11 8 12 14 10 13 10 13 15 16 19 17 13 14 15 15 16 19 9 12 19 9 10 12 14 10 14 18 23 19 25 29 18 14 12 15 18 29 33 2O 2O 19 23 26 18 26 17 22 16 19 29 23 14 15 19 21 15 23 30 21 22 18 25 34 23 17 30 31 28 2O3 ~,ode 2001 2005 2OO6 2007 2OO9 2015 2016 2017 2020 2022 2026 2028 2030 2032 2O35 2O38 2040 2O50 2101 2105 2110 2115 2116 22O5 2210 2216 222O 2225 2240 2250 3O00 3001 3002 3003 3005 3O06 3010 3012 3015 3030 304O 3041 3045 3047 3O50 3052 3101 3105 3110 3111 3115 3118 3120 3122 3125 3126 3130 3140 3141 3143 3150 3152 3155 Classification Work Week ENGINEERING AND ALLIED Enoineerinq Ranqe Construction Cost Clerk 40 18 Rodman 40 10 Instrumentman 40 15 Party Chief 40 19 Chief Surveyor 40 22 Draftsman 1 40 13 Draftsman 11 40 18 Chief Draftsman 40 22 Construction Inspector 40 16 Chief Construction Inspector 40 20 Assistant City Engineer -- 27 Operations Manager -- 27 Real Estate Agent 40 20 Air Pollution Engineer -- 20 Traffic Engineering Supervisor 40 20 Traffic and Communications Superintendent-- 26 City Engineer -- 34 Public Works Director -- 35 Plannina Planning Intern 40 17 Planning Technician 40 19 Planner 40 25 Assistant Planning Director -- 29 Planning Director -- 33 InsDectional Sealer of Weights and Measures 40 16 Assistant Zoning Administrator 40 19 Plumbing Inspector 40 18 Electrical Inspector 40 18 Building Inspector 40 18 Assistant Building Commissioner 40 22 Building Commissioner -- 29 TRADES AND LABOR General Labor and Trades Special 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 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 Eouipment and Building Maintenance 4O 40 40 4O 4O 4O 4O 4O 56 56 40 4O 4O 4O 4O 4O 4O 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 Painter 1 Painter 11 Painter Foreman Carpenter Cabinetmaker Welder Scale No. Attache 7 10 13 12 14 15 18 10 10 11 15 12 15 13 17 13 12 12 14 9 14 14 18 15 2O 16 13 15 16 15 16 15 204 Code 3160 3162 3165 3167 3170 3171 3173 3174 3201 3205 3206 3208 3210 3211 3212 3301 3304 3305 3306 3310 3315 3318 3320 3323 3324 3326 4001 4003 4005 4006 4008 4010 4011 4012 4014 4017 4020 4101 4102 4105 4110 4111 4112 4115 5020 5022 5024 5028 5030 5041 5101 5105 5106 5107 5110 Classification Plumber Steamfitter Machinist Building Maintenanceman Building Maintenance Foreman Assistant Maintenance Superintendent Maintenance Specialist 1 Maintenance Specialist 11 Work Week Ranae No. 40 15 40 16 40 16 40 15 40 19 40 20 40 18 40 22 Electricity and Electronics Electrician Signalman Lead Signalman Signal and Alarm Supervisor Communications Technician Lead Communications Technician Communications Supervisor 40 16 40 16 40 18 40 23 40 17 40 18 4O 23 General Supervision Sanitation Supervisor Assistant Sanitation Superintendent Sanitation Superintendent Airport Field Superintendent Park Superintendent Maintenance Superintendent Assistant to Civic Center Director for Plant Operations Garage Superintendent Street Maintenance and Construction Supervisor Sewer Maintenance and Construction Supervisor Street and Sewer Superintendent 40 18 40 20 40 24 40 18 40 21 40 24 -- 26 4O 24 40 20 4O 2O 40 24 CUSTODIAL AND FOOD C~stodial Watchman Maid Janitor 1 Janitor 11 Fireman Custodian 1 Custodian 11 Custodian 111 Custodial Foreman Nursing Home Custodian Housekeeping Supervisor 40 7 40 7 40 7 40 8 40 7 40 8 40 10 40 12 40 15 40 10 40 12 Food Preparation and Service Kitchen Helper Cafeteria Helper Cook Cafeteria Manager 1 Cafeteria Manager 11 Cafeteria Manager 111 Concession Supervisor 4O 7 -- 7 40 7 40 8 40 10 40 11 40 10 HEALTH AND SOCIAL SERVICES Orderly Nurses' Aide Licensed Practical Nurse Supervising Nurse Nursing Superintendent Paramedic 40 7 40 7 40 10 40 16 40 19 40 17 Social S~rvic~ and Welfare Juvenile Home Proctor 1 Juvenile Home Proctor 11 Juvenile Home Superintendent Assistant Juvenile Home Superintendent Probation Counselor 1 4O 14 40 17 40 23 40 20 40 Special Scale Attached 2O5 Code 511I 5112 5113 5114 5116 5117 5118 5119 5120 5121 5124 5125 5127 5130 6001 6003 6010 6011 6020 6021 6022 6O25 6101 6105 6110 6115 7001 7003 7005 7006 7007 7008 7010 7013 7016 7020 7021 7023 7025 7O27 7103 7105 7106 7107 7110 7114 7115 7118 7120 Classification Probation Counselor 11 Probation Counselor 111 Superintendent of Probation Director of Court Services Casework Aide Trainee Casework Aide Casework Aide Welfare Technician Social Worker Trainee Social Worker Casework Supervisor Senior Casework Supervisor Social Services Superintendent Public Welfare Director LIBRARY AND RECREATION LiDraries School Library Clerk School Secretary-Library Library Assistant 1 Library Assistant 11 Librarian 1 Librarian 11 Librarian 111 Library Director Clerk Recreation Recreation Recreation Recreation Recreation Leader Supervisor Superintendent Director 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 Fire Department Assistant Firefighter Fire Lieutenant Fire Captain Fire Drillmaster Fire Inspector Fire Marshall Assistant Fire Chief Fire Chief Work Week 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 4O 56 56 56 4O 4O 4O 56 Ra nqe No, 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 31 10 10 9 12 18 2O 22 29 14 18 23 29 14 15 17 18 17 20 2O 23 25 34 15 17 2O 23 18 17 18 20 21 18 21 23 30 2O6 Code 8001 80O5 8007 8010 8015 8016 8017 8018 8020 8021 8023 8025 8O27 8030 8101 8105 8106 8110 8111 8114 8115 8120 8123 8126 8130 8131 Classification PUBLIC UTILITIES Plant Operation Water Filter Plant Operator Water Pump Operator Water Pumping Station Supervisor Water Production Superintendent Plant Laboratory Technician Chief Plant Laboratory Technician Chief Water Laboratory Technician Sewage Plant Chemist Sewage Plant Operator Plant Shift Foreman Sewage Plant Meter Mechanic Sewage Plant Mechanic Sewage Plant Maintenance Supervisor Sewage Plant Superintendent Water Meter Reader Water Meter Repairman 1 Water Meter Repairman 11 Water Serviceman 1 Water Serviceman 11 Water Meter and Pump Supervisor Water Meter and Pump Superintendent Water Distribution Foreman Water Distribution Supervisor Water Distribution Superintendent Assistant Manager Water Department Manager Water Department Work Week Ranqe No, 40 13 40 13 40 14 40 23 40 14 40 18 40 16 40 20 40 13 40 15 40 15 40 15 40 18 -- 27 40 11 40 13 40 16 40 10 40 14 40 17 40 22 40 18 40 20 40 23 -- 26 -- 33 Salary Scale for Social Worker Classes ~odo Work Classificatio~ Week 5116 5117 5118 5119 5120 5121 Casework Aide Trainee 40 Casework Aide 40 Eligibility Supervisor 40 Eligibility Worker 40 Social Worker Trainee 40 Social Worker 40 Range No. 1 Steps i~ Monthly Amour 2 3 4 5 6 365 385 (12 month Classifi 395 415 435 455 480 505 610 640 670 705 740 775 540 565 590 620 650 680 615 645 (12 month Classifi 675 705 740 775 810 850 $~lary Scale for Sanitation Workers Hourly Range Steps in Monthlv Amounts Eq~iv, No, 1 2 3 6 2.69 2.83 2.97 2.55 442 466 490 515 (5,304)(5,592)(5,880) Annual Equiv. of Step 6, 6,180.00 Probation Workers Classifications Work Range Steos in Monthly Amounts Co~le Classification Week No. 1 2 3 4 5 5110 5111 5112 5113 5114 Probation Counselor 1 40 Probation Counselor 11 40 Probation Coun- selor 111 40 Superintendent of Probation 40 Director of Court Services 40 670 705 740 780 820 860 840 880 1,045 1,095 740 780 820 820 86O 9O5 905 950 1,000 1,05( 925 970 1,020 1,07 1,150 1,205 1,265 1,32 2. That Ordinance No. 20351, heretofore adopted on June 30, 1972, pro- viding a System of Pay Rates and Ranges for t~ employees of the'City be and said ordinance is hereby amended and modified to the extent provided herein. ation) ation) 6 860 95( 2O? BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon and after July 1, 1973. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No..20990. A RESOLUTION repealing, effective July 1, 1973, Resolution No. 20039 adopted January 10, 1972, making special provision for compensating the City's employees in the Civic Center Department for overtime services. WHEREAS, Resolution No. 20039, amending Resolution No. 17865, made specia provision for compensating employees in the Civic Center Department on the basis of straight time pay at fixed hourly rates for the services of said employees, rather than as otherwise provided in Resolution No. 17865 for other employees of the City; and WHEREAS, the Council deems it proper that employees in the Civic Center Department be compensated for overtime services in accordance with the overtime regulations made and contained in Resolution No. 17865 for other employees of the City, directing, however, that effort be made in the administration and operation of the Roanoke Civic Center to maintain all regularly employed personnel in said department on a maximum and not more than a maximum of forty (40) hours work duty per week. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Res- olution No. 20039 adopted January 10, 1972, amending Resolution No. 17865 by making special provision for compensating employees in the Civic Center Department for ore time services, be, and Resolution No. 20039 is hereby REPEALED; it being directed by the Council, however, that in the administration and operation of the Roanoke Civic Center, effort shall be made to maintain ali regularly employed personnel in said department on a maximum and not more that a maximum of forty (40) hours work duty per week. BE IT FURTHER RESOLVED that the provisions of this resolution be effectiv. on and after July 1, 1973. A P P R 0 V E D A TTE ST: Deputy City Clerk May~ 2O8 IN THE COUNCIL OF TI~ CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No. 20991. AN ORDINANCE amending and reordaining Sec. 7. Unclassified service., of Chapter 13, Personnel, Title II. Administratioq, of the Code of the City of Roanoke, 1956, as amended; and providing for an emergency. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 7. Unclassified service., of Chapter 13,.Personnel, Title II. Administration of the Code of the City of Roanoke, 1956, as amended, be amended and reordained, to read and provide as follows: Sec. 7. UDcla~sified service. The service of the city shall be divided into the unclassified and the classified services. The unclassified service shall consist of: (a) officials elected by the people and persons appointed to fill vacancies in elective offices; (b) the members of boards and commissions, the city manager, the assistant city manager, the city attorney, the city auditor, the city clerk, and persons appointed by the judges of the courts of record; (c) employees of the school board per- forming administrative and educational functions as determined by the school board, provided that any class of such employees may be transferred to the classified service on the request of the school board; (d) licensed physicians and dentists em- ployed by the city in their professional capacities; (e) persons temporarily employed in a professional or scientific capacity or to conduct a special inquiry, investigation, examination or installation, if the council or the manager certifies that such employment is temporary and that the work should not be performed by employees in the classified ser- vice. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be effective on and after July 1, 1973. APPROVED ATTEST: Deputy City Clerk Mayor 209 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No. 20992. AN ORDINANCE amending and reordaining Sec. 14. Charges for scieDtific treatment and disposal - Imposition, and subsections (b), (c) and (d) of Sec. 22. Con~ec;io~ of certai~ proper%ies o~side corporate limits; charaes, of Article II. Sewaqe Disposal, Chapter 7. Sewers and sewaae disposal, of Title X¥II. Streets. Side[- walks and Sewers, of the Code of the City of Roanoke, 1956, as amended; and providing for an emergency. WHEREAS, and in order to provide revenue for the City's necessary opera- tion, maintenance and improvement of its system of sanitary sewers and its sewage treatment plant for fiscal year 1973-74 and thereafter, an emergency is declared to exist, in order that this ordinance take effect at the time hereinafter indicated. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 14. Charges for scientific treatment and disposal- Imposition, and subsection (b), (c) and (d) of Sec. 22. Connection of certain properties outside coroorate limits: charoes, of Article II. Sewaoe Disposal, Chapter 7. Sewers and sewage disposal, of Title XVII. Streets. Sidewalks and Sewers, of the Code of the City of Roanoke, 1956 as amended, be amended and reordained, to read and provide, respectively, as fol- lOWS: Sec. 14. Charges for scientific treatment and disP0~l- Impos. iti. on. There is hereby imposed by the city upon all persons discharging water, sewage or other effluence into the City's sanitary sewer system through facilities owned or controlled by them, or permitting others so to do, the followin9 charges for the scientific treatment and disposal of such sewage: (a) Upon all regular customers of water from the water department, sixty per cent of the proper amount of their periodic water bills, less increased charges, if any, imposed for pumping. (b) Upon all consumers of unmetered water from individual or independent water companies, sixty per cent of the proper amount of the periodic water bill that would have been rendered had such bill been computed on the prevailing rates of the water department covering the mini- mum charge for each size of service. (c) Upon all regular consumers of metered water from individuals or independent water companies, sixty per cent of the proper amount of the periodic water bill that would have been rendered had such bill been computed on the pre- vailing rates of the water department. (d) Upon all persons whose source of water is from any well or other supply not furnished in the manner stated in paragraphs (a), (b) or (c) of this section, the same charges that would be imposed and payable hereunder if such water had been purchased at the prevailing rates of the water department. (el Upon all persons whose source of water for a single establishment or enterprise is furnished from two or more of t,he sources men- tioned in paragraphs (a), (b), (c) and (d) of this section, (after written application shall have been filed by such person, with the water department to obtain the reductions herein pro- vided) the same charges that would be imposed and payable hereunder if ali such water had been purchased at the prevailing rates of the water department. Except as contemplated in paragraph (e) of this section, the charges hereby imposed shall be computed on each water connection or service. Sec. 22. Connection of certain properties outside corpo- rate limits; charges, * (b) The rate for transporting and treating domestic sewage or wastes shall be based, if such property be served entirely by the city's public water system, upon the applicant's bill for such water services and shall be fixed at an amount equal to sixty per cent of said applicant's regular billings for such water service, such monthly sewage transmission and treatment charge, however, in no case to be less than four and one half dollars. (c) In the event the applicant for sewage service does not 'purchase his entire water supply for such property from the city, the city manager upon a survey of the property and of the number of occupants thereof and of an estimated amount of the sewage originating thereon, shall provide in said contract for a reasonable monthly charge for such sewage service, said charge in no case to be less than four and one half dollars per unit connection per month, together with the connection fee hereinabove provided. (d) The connection charge and monthly sewage trans- mission and treatment charge for places of business, in- dustrial operations, manufacturing companies and all other applicants for such service, other than domestic users, shall be fixed by the city manager, as a result of a survey as provided in paragraph (c) above; provided, that in no case shall the monthly sewage transmission and treatment charge be less than four and ~ e half dollars. BE IT FURTHER ORDAINED that, an emergency existing, the provisions of this ordinance shall be in force and effect on and after July 1, 1973. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No. 20993. AN ORDINANCE fixing the annual compensation of certain unclassified offi- cials and employees of the City; and provi~ ng 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 1973-74 Budget; and WHEREAS, it is necessary for the usual daily operation of the munigipal 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, 1973; Byron E. Haner, City Manager Samuel H. McGhee, Assistant City Manager James N. Kincanon, City Attorney A. N. Gibson, City Auditor Virginia L. Shaw, City Clerk Walker R. Carter, Jr., Clerk of the Circuit Court for the City of Roanoke $26,886.00 $20,436.00 $23,850.00 $19,764.00 $11,310.00 $20,106.00 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect on and after July 1, 1973. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No. 20994. AN ORDINANCE making appropriations from the General Fund of the City of Roanoke for the fiscal year beginning July 1, 1973, and ending June 30, 1974; and declaring the existence of an emergency. 212 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, 1973, and ending June 30, 1974; 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 - 1 Personal Services Fees for Professional and Special Services (1) Communications Travel Expense Advertising Dues, Memberships and Subscriptions (2) Public Ceremonies Investigations, Studies and Rewards Gratuities (3) Employees' Service Pins $36,600.00 3,000.00 480.00 4,000.00 10,250.00 800.00 2,500.00 2,000.00 Total Council $59,630.00 (1) Roanoke Bicentennial Commission 3,000.00 (2) Chamber of Commerce Virginia Municipal League State Chamber of Commerce Shenandoah Valley Inc. National League of Cities U.S; Conference of Mayors Membership Contingency National Municipal League 2,250.00 4,885..00 300.00 1,000.00 5O0.OO 750.00' 505.00 60.00 (3) Sister City Committee J. B. Fishburn Plaque 1,000.00 1,500.00 Personal Services Communications Travel Expense Advertising Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Printing and Office Supplies Office Furniture and Equipment- Repl. Office Furniture and Equipment - New 40,261.00 730.00 25.OO 2,500.0O 70.00 850.00 8,500.00 455.00 7.B75.00 Total Clerk 61,266.00 (1) One Magnetic Card Selectric Typewriter CITY MANAGER- ~ Personal Services Fees for Professional and Special Services Communications Travel Expense Education Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Automobile Allowance Printing and Office Supplies City Manager's Special Fund Office Furniture and Equipment - Repl. Office Furniture and Equipment - New 83,715.00 500.00 1,900.00 1,500.00 150.00 600.00 425.00 '2,160.00 2,75O.OO 7OO.OO 1,740.00 140.oo Total City Manager 96,280.00 (1) Two (2) Side Arm Chairs (2) "The Thought Tank" dictaphone, including additional units for use by Assistant City Manager and both secretaries (3) 4-drawer Filing Cabinet 213 CITY ATTORNEY - 4 Personal Services Fees for Professional and Special Services Communications Travel Expense Education Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Printing and Office Supplies Office Furniture Equipment - Repl. Office Furniture a~ Equipment - New $84,182.00 12,000.00 1,400.00 5O0.OO 100.00 57O.OO 654.00 1,400.00 11.800.00 Total City Attorney $112,606.00 (1) One Magnetic Card II Selectric Typewriter BOARD OF EOUILI~ATION - REAL ESTATE ASSESSMENTS - 5 Fees for Professional and Special Services Advertising 4,500.00 250.00 Total Board of Equilization - Real Estate Assessments 4,750.00 COMMISSIONER OF REVENUE - 6 Personal Services Communications (1) Travel Expense Education Advertising (1) ' Insurance (1) Rentals (1) Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment (1) Automobile Allowance Printing and Office Supplies (1) Operating Supplies and Materials Data Processing (1) Office Furniture and Equipment - Repl. (2) Office Furniture and Equipment - New (2) 114,467.25 2,934.00 300.00 126.00 630.00 10.00 1,024.00 75.00 1,575.00 1,980.00 10,675.00 2,800.00 11,000.00 1,150.00 450.00 Total Commissioner of Revenue 149,196.25 (1) (2) (3) (4) (5) (6) (7) (8) (9) 50% Reimbursed by Commonwealth of Virginia 33 1/3% Reimbursed by Commonwealth of Virginia subject to approval of State Compensation Board Three (3) Steno Chairs Six (6) Wooden Visitors Chairs Three (3) Executive Chairs 2 Steel Letter Size Filing Cabinets Six (6) Steno - Chairs Two (2) Electric Adding Machines One (1) Metal Organizer Table for Keypunch Machine ASSESSMENT"oF REAL ESTATE - 7 Personal Services Communications Travel Expense Education Rentals Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Automobile Allowance Printing and Office Supplies Operating Supplies and Materials Motor Fuel and Lubricants Vehicular Equipment- Repl. Office Furniture and Equipment - New 89,713.00 1,050.00 650.00 600.00 150.00 650.00 600.00 6,000.00 1,800.00 300.00 300.00 2,735.00 300.OO Total Assessment of Real Estate 104,848.00 (1) 1 Compact Car (2) 2-Steel Tables for Map Books 6'6" x 30" CITY TREASURER - 8 Personal Services Communications (1) Travel Expense (3) Advertising Insurance (1) Maintenance of Machinery and Equipment (1) Printing and Office Supplies (1) Data Processing (1) Office Furniture and Equipment - Repl. (2) Office Furniture and Equipment - New (2) $ 94,088.25 1,800.00 500.00 1,000.00 3,026.00 2,500.00 16,500.00 2,500.00 150.00 375.00 Total City Treasurer $122,439.25 (1) (2) (3) (4) (5) (6) 50% Reimbursed by Commonwealth of Virginia 33 1/3% Reimbursed by Commonwealth of Virginia Subject to approval of State Compensation Board Full amount paid by City One adding machine - Full keyboard with 7 list and 8 total with credit balan 1 Office Utility Cart 1 Calculator Machine pELINOUENT TAX COLLECTOR - 9 Personal Services Communications Advertising Insurance Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Automobile Allowance Printing and Office Supplies Office Furniture and Equipment - Repl. 20,556.00 250.00 100.00 108.00 75.00 160.00 420.00 600.O0 Total Delinquent Tax Collector 22,269.OO CITY AUDITOR - 10 Personal Services Communications Travel Expense Education Insurance Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Automobile Allowance Printing and Office Supplies Data Processing (1) Office Furniture and Equipment - Repl. Office Furniture and Equipment - New Other Equipment - New 234,755.50 2,300.00 70O.0O 2,000.00 500.00 4,550.00 300.00 16,900.00 133,652.00 2,140.00 500.00 9,165.00 Total City Auditor 407,462.50 (1) Various Departments will be charged for Data Processing (2) 3 Electric Calculators (3) 1 Electric Typewriter (4) One (1) Office work table (5) 1 Print-out storage shelves (6) 2 Four (4) drawer file cabinets - size: (7) 6 Sections shelving (8) 9 Disc Packs wide 19" x 25~" deep 51" high, gray PURCHASING AGENT Personal Services Fees for Professional and Special Services Communications Travel Expense Education Advertising Rentals Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Printing and Office Supplies Data Processing Office Furniture and Equipment- Repl. 59,727.50 1,200.00 300.00 125.00 55O.OO 1,850.00 210.00 1,000.00 6,000.00 1,944.00 5,018.oo Total Purchasing Agent 77,924.5O (1) Duplicating Machine (Offset-Printer) (2) Electric Printing Calculator (3) Swivel Arm Chair 215 INDEPENDENT AUDITING - 12 Fees for Professional and Special Services $ 30,000,00 Total Independent Auditing $ 30,000.00 RETIREMENTS - 13 Police and Fire Pensions Retirement Contributions Social Security State Supplemental Retirement System Group Insurance Medical Insurance Payments' 297,000.00 1,124,790.00 720,500.00 9,400.00 32,2O0.00 85,500,00 Total Retirements 2,269,390.00 PERSONNEL- 14 Personal Services Fees for Professional and Special Services Communications Travel Expense Education Advertising Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Automobile Allowance Printing and Office Supplies Office Furniture and Equipment - New 48,498.00 10,000.00 900..00 500.00 250.00 400.00 600.00 250.00 1,300.00 1)0,00 Total Personnel 62,808.00 (1) One (1), locking, four (4) drawer, legal size, filing cabinet JUVENILE PROBATION HOUSE - 15 Personal Services (1) Utilities (2) Communications (2) Travel Expense (2) Education (2) Insurance (2) Rentals (2) Dues, Memberships and Subscriptions (2) Automobile Allowance (2) Printing and Office Supplies (2) Clothing and Personal Supplies (2) Food, Medical and Housekeeping Supplies (2) Operating Supplies and Materials (2) Vehicular Equipment- Repl. (2) Office Furniture and Equipment- New (2) Other Equipment - New (2) 44,534.00 800.00 20O.00 200.00 200.00 7500 1,980.00 100.00 1,060,00 300.00 1,200.00 6,150.00 6O0.O0 125.00 Total Juvenile Probation House 57,524.00 (1) (2) (3) 2/3 Reimbursed by Commonwealth of Virginia 100% Reimbursed by Commonwealth of Virginia One (1) Lawnmower CIRCUIT ~0URT - 16 Personal Services Fees for Professional and Special Services Communications Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Printing and Office Supplies Office Furniture and Equipment - New Other Equipment - New 101,136.00 19,200.00 1,000.00 950.00 250.00 975.00 200.00 842,30 Total Circuit Court 124,553.30 (1) 1 File Cabinet - 5 drawer, with lock, legal size (2) First Aid Kit (Available at Roanoke Surgical Supply) (3) Oxygen Tank and Kit (refills $5.00) (Air Product G Chemical, Inc.) (4) Emergency lights (Big Beam) No. 2M6L30 - Batteries & bracket incl. 99.50 No. 2Ad-L - Batteries ~ bracket incl. 49.80 Westinghouse - Distributor (5) Metal Detector (Transfrisker ~6010) 216 JUVENILE AND DOMESTIC RELATIONS COURT - 19 Personal Services (1) Utilities Fees for Professional and Special Services (1) Communications Travel Expense (1) Education (1) Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Automobile Allowance (1) Printing and Office Supplies Food, Medical and Housekeeping Supplies Operating Supplies and Materials Data Processing Office Furniture and Equipment - Repl. Office Furniture and Equipment- New $178,174.50 2,000.00 18,600..00 4,500.00 600.00 150.00 400.00 900.00 10,000.00 5,500.00 300.00 100.00 6,500.00 4,000.00 ~3.755.00 Total Juvenile and Domestic Relations Court (1) 50% Reimbursed by Commonwealth of Virginia (2) 25 chairs (3) 10 desks (4) I3 bookcases (5) One (1) transcriber (6) One (1) recorder (7) Courtroom furniture - two courtrooms MUNICIPAL COURT - 20 Personal Services Fees for Professional and Special Services Communications Travel Expense Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Printing and Office Supplies Office Furniture and Equipment - Repl. Office Furniture and Equipment - New 178,630.00 2,700.00 300.00 1,200.00 1,000.00 7,500.O0 1,150.00 500,00 Total Municipal Court (1) 2 Electric 15-inch typewriters (2) 1 5-drawer legal file with lock, steel coase =1747L with all drawers to have triple docket compartments ~0 (3) 4 tables 6 ft. laminated tops - folding (4) 3 2-drawer legal size file cabinets with locks LUNACY COMMISSIONS - 21 Fees for Professional and Special Services Travel Expense 10,000.00 15o .oo Total Lunacy Commissions COMMONWEALTH'S ATTORNEY - 22 Personal Services Communications (1) Travel Expense Education Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment (1) Printing and Office Supplies (1) Office Furniture and Equipment - New (1) 74,952.75 2,050.00 900.00 900.00 200.00 200.00 75O.OO 500.00 Total Commonwealth's Attorney (1) 50% reimbursed by Commonwealth of Virginia (2) One desk $265,479.5O 192,980.00 10,150.00 80,452.75 2:1.7 SHERIFF- 23 Personal Services Communications (1) Travel Expense Education Insurance Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment (1) Automobile Allowance (I) Printing and Office Supplies (1) Total Sheriff $127,501..50 1,500.aa 180.00 440.00 52.00 250.0O 11,000.00 1,050.00 (1) 2/3 reimbursed by Commonwealth of Virginia REGIONAL INTAKE OFFICE - 24 Personal Services Communications Travel Expense Rentals Printing and Office Supplies 100% Federally and State funded CLERK OF COURTS - 25 38,600.00 1,150.00 500.00 3,600.00 oo.oo Total Regional Intake Office Personal Services Communications Travel Expense Insurance Rentals Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Printing and Office Supplies Operating Supplies and Materials Office Furniture and Equipment - Repl. Office Furniture and Equipment - New 155,505.00 1,600.00 250.00 8,155.00 120.00 2,010.00 12,466.00 17,500.00 1,170.00 700.00 Total Clerk of Courts (1) One Electric Adding Machine (2) One IBM Electric Typewriter (3) Two Swivel arm chairs (4) One Super Legal Size Filing Cabinet (5) One Legal Size Filing Cabinet (6) One Letter Size Filing Cabinet JAIL - 26 Personal Services Utilities (1) Fees for Professional and Special Services Communications (1) Maintenance of Machinery and Equipment (1) Printing and Office Supplies (1) Clothing and Personal Supplies (1) Clothing for Work Gang Food Supplies (1) Medical and Housekeeping Supplies (1) Other Equipment - New 165,055.33 1,050.00 12,000.00 1,500.00 900.00 1,200.00 6,000.00 1,330.00 48,000.00 11,591.00 409,00 Total Jail (1) Reimbursed by Commonwealth of Virginia on basis of cost per prisoner day (2) 4 - 24" Exhaust Fans (3) Heated Dish Dolly $141,973.50 44,650.00 199,476.00 249,035.33 218 JUVENILE DETENTION HOME - 27 Personal Services (1) Utilities (2) Fees for Professional and Special Services (I) Communications (2) Travel Expense (2) Education Insurance Dues, Memberships and Subscriptions (2) Maintenance of Machinery and Equipment (2) Automobile Allowance (2) Printing and Office Supplies (2) Clothing and Personal Supplies (2) Food, Medical and Housekeeping Supplies (2) Operating Supplies and Materials (2) Motor Fuel and Lubricants (2) Office Furniture and Equipment - Repl. Other Equipment - Repl. Other Equipment - New $146,857.50 3,400.00 2,800.00 1,825.00 625.00 500.00 15.00 25.00 145.00 50.00 35O.OO 3,000.00 21,000.00 3,OOO.OO 150.00 1,350.00 Total Juvenile Detention Home $185,092.50 (1) 66 2/3 Reimbursed by Commonwealth of Virginia (2) 100% Reimbursed by Commonwealth of Virginia (3) One (1) drinking fountain (electrically cooled), free standing (4) Console base (60" width) and components to replace and upgrade present intercom system. TRAINING OF JUVENILE AND DOMESTIC RELATIONS COURT PERSONNEL - 28 Personal Services Communications Automobile Allowance Printing and Office Supplies Office Furniture and Equipment - New 107,839.00 1,755.00 5,000.00 400.00 500.00 Total Training of Juvenile and Domestic Rel'ations Court Per- sonnel 115,494.00 100% Federally and State funded (1) 1 Transcriber COMMONWEALTH'S ATTORNEY INVESTIGATOR - 29 Personal Services Printing and Office Supplies 10,080.00 500.00 Total Commonwealth's Attorney Investigator 10,580.00 ROANOKE CITY HEALTH - 31 City of Roanoke 45% 471.930.00 Total Roanoke City Health 471,930.00 OTHER HEALTH AGENCIES - 32 Help, Inc. Roanoke Guidance Center Mental Health- Mental Retardation Roanoke Valley Regional Health Services RADACC Mental Health Services Roanoke Valley* 15,728.00 5,535.00 224,974.00 98,692.00 Total Other Health Agencies 344,929.00 Roanoke Guidance Center and Mental Health - Mental Retardation combined to make this budget for fiscal year 1972-73. 219 HOSPITALIZATION - 35 Fees for Professional and Special Services In-Patient Hospitalization Out-Patient Hospitalization Contributions to Hospital (1) Excess of State Matching Allotment $134,436.00 5,000.00 Total Hospitalization $139,436.00 (1) Roanoke Memorial Hospital $3,000.00 Burrell Memorial Hospital 2,000.00 PUBLIC ASSISTANCE - 37 Personal Services 80% Fees for Professional and Special Services 80% Communications 80% Travel Expense 80% Education 80% Rentals Dues, Memberships and Subscriptions 80% Maintenance of Machinery and Equipment 80% Aid to Dependent Children - Foster Care 50% ADC Purchased Services 80% OAA Purchased Services 80% APTD Purchased Services 80% AB Purchased Services 80% Foster Ca re 50% General Relief 62V~% Old Age Assistance 100% Aid to Dependent Children 100% Aid to Dependent Children - WIN 90% Aid to Permanently and 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 - NOT WIN 90% Child Welfare Services - Day Care 90% WIN- Other Services 90% Cuban Refugee 100% Automobile Allowance 80% Printing and Office Supplies 80% Motor Fuel and Lubricants 80% Data Processing 80% Burial of Paupers Work Incentive Program Office Furniture and Equipment- l~epl. 80% Office Furniture and Equipment - New 80% 949,754.50 20,000.00 14,000.00 2,000.00 2,000.00 250.00 3,000.00 5,000.00 36,000.00 42,000.00 31,500.00 4,200.00 591,192.00 476,840.00 235,877.00 4,001,610.00 135,000.00 373,500.00 20,213.00 25,000.00 12,000.00 205,605.00 225,000.00 3,900.00 15,000.00 2,500.00 14,000.00 18,000.00 3,150.00 7,400.00 600.00 4,197,50 Total Public Assistance 7,480,289.00 Reimbursed by the Commonwealth of Virginia on the basis of percentages shown (1) One (1) electric adding machine (list 10 total 11) (2) Two (2) 15 inch carriage electric typewriters (3) Two (2) double pedestal secretarial desks and chairs (4) Four (4) all steel filing cabinets - 5 drawers with lock - letter size (5) One (1) tape recorder (6) One (1) Paper Shredder (7) One (1) desk and chair to match present equipment in office of Programmer (8) One (1) all steel ~8501 Caster Base with rollers to fit Master Card File CITY HOME - 39 Personal Services Utilities Fees for Professional and Special Services Communications Travel Expense Insurance Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Printing and Office Supplies Clothing and Personal Supplies Food, Medical and Housekeeping Supplies Operating Supplies and Materials Motor Fuel and Lubricants Other Equipment- Repl. Office Furniture and Equipment- New Other Equipment - New 239,457.00 5,500.00 17,000.00 500.00 300.00 312.00 50.00 100.00 250.00 1,500.00 50,000.00 3,400.00 2OO.OO 6,235.00 385.00 1.120.00 Total City Home 326,309.00 22O (1) One General Electric standard model electric range (heavy duty institutional model) (2) Twelve (12) wheel chairs (3) Twelve (12) Bedside cabinets to match present equipment (4) Twenty-five (25) pair bed rails (5) Nine (9) Hi-Lo hospital beds to match present equipment (6) One (1) executive desk and chair (desk, double pedestal; chair, swivel with arms.) (7) Twelve (12) overbed tables to match present equipment (8) One (1) Dump Cart (for use with tractor.) FOOD DISTRIBUTION - 4Q Personal Services Utilities Fees for Professional and Special Services Communications Rentals Maintenance of Machinery and Equipment Automobile Allowance Printing and Office Supplies Food, Medical and Housekeeping Supplies $ 36,359.00 1,800.00 4,940.00 200.00 7,080.00 75.00 160.00 190.00 200.00 100% reimbursed by Common- wealth of Virginia pQLI~E - 45 Total Food Distribution Personal Services Funeral Escorts Court Attendance Overtime Fees for Professional and Special Services Communications Travel Expense Education Training of Law Enforcement Personnel Advertising Insurance Rentals Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Investigations, Studies and Rewards Printing and Office Supplies Clothing and Personal Supplies Operating Supplies and Materials Motor Fuel and Lubricants Buildings and Fixed Equipment - Repl. Office Furniture and Equipme~- Repl. Vehicular Equipment - Repl. Other Equipment - Repl. Office Furniture and Equipment - New Vehicular Equipment - New Other Equipment - New 1,979,010.00 5,000.00 15,500.00 20,000.00 12,000.00 15,100.00 1,000.00 3,5O0.00 10,000.00 6O0.00 475.00 2,358.00 1,000.00 2,851.00 2,200.00 9,665.00 3O,265.OO 14,740.00 25,200.00 5,510.00 61,900.00 9,156.50 3,550.00 10,974.00 Total Police (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (1I) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) (29) (30) One Electric Typewriter One Electric Typewriter One Electric Adding Machine 3 Executive Type Office Desks 2 Secretarial Desks 1 Secretarial Desk 2 Swivel Type Desk Chairs 1 Swivel Type Desk Chair Four (4) office guest chairs 2 Secretarial Chairs 1 Secretarial Chair 2 Utility Tables One Metal Storage Cabinet with lock One Metal Bookcase One 1974 Model Servi-Car One 1974 Model Servi-Car One 1974 Model Automobile One 1974 Model Automobile One 1974 Model Automobile One 1974 Model Automobile One 1974 Model Automobile One 1974 Model Automobile One 1974 Model Automobile One 1974 Model Automobile One 1~974 Model Vehicle comparable to GMC Jimmy One 1974 Model Automobile One 1974 Model Automobile One 1974 Model Automobile One 1974 Model Automobile One 1974 Model Automobile $ 51,004 oo $2,241,554.50 221 (31) (32) (33) (34) (35) (36) (37) (38) (39) (40) (41) (42) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (55) One 1974 Model Automobile One 1974 Model Automobile Eight (8) 4-drawer correspondence cabinets (metal) One Legal size cabinet, metal Three (3) Executive desks (2) Swivel Desk Chairs Eight (8) Wood Arm Chairs Twelve (12) Wooden Straight Chairs (5) Small size desks (2) Dictaphone Recorders One Dictaphone Transcriber One Electric Typewriter One manual typewriter (2) Metal Storage Cabinets with locks (78 x 36 x 19~) One Conference Table (144 x 48) to seat (12) people (11) Conference Chairs (2) Coat Racks - Aluminum One 1975 Model 4-door Automobile One lO-Drawer Film File Cabinet One Microfilm Systems Center One Microfilm Cartridge Film Loader One Microfilm Cartridge Camera One Color Film Processor One Microfilm Reader and Printer (2) Water Temperature Control Units MEDICAL EXAMINER - 46 Fees for Professional and Special Services $ 10,200.00 Total Medical Examiner $ 10,200.00 FIRE - 47 Personal Services Utilities Communications Travel Expense Education Rentals Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Automobile Allowance Printing and Office Supplies Clothing and Personal Supplies Food, Medical and Housekeeping Supplies Operating Supplies and Materials Motor Fuel and Lubricants Office Furniture and Equipment - Repl. Vehicular Equipment - Repl. Other Equipment - Repl. Buildings and Fixed Equipment - New Office Furniture and Equipment - New Vehicular Equipment - New Other Equipment - New Total Fire 2,091,257.50 14,250.00 6,550.00 750.00 1,250.00 50.00 1,300.00 10,000.00 2,880.00 2,100.00 23,700.00 6,000.00 8,000.00 3,400.00 360.00 3,800.00 5,475.00 350.00 12,120,00 2,193,592.50 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) 1 chair, executive 2 chairs, secretarial 1 - Van, ~ Ton, V-8, Heavy Duty Suspension, Power Brakes, Power Steering, Air-Conditioning, Automatic Transmission. 2 Power Lawn Mowers 2,300 feet Fire Hose, 100% Dacron, Double Jacket (1,500' 2~" & 800' 1~") 10 Fire Hose Nozzles 1 Executive chair 1 Desk, Metal 1Resusci-Anne training manikin, Complete 1 Automatic Electronic Strobe Flash Unit 2 Water Fountains Dark Room equipment and supplies 2 Window type air-conditioning units, 1~ Ton 5 Spare tanks for self-contained breathi~ apparatus 1 Air Impact Wrench, 1" Drive, with hose & socket set 1 Air Ratchet Wrench set/Complete, q" Drive 1 Engine Analizer 1 Jack, 20 Ton, Air Hydraulic 20 Self Contained Breathing Apparatus 1 Cascade Recharging System including compressor, cylinders (3), gauges, fittings, etc. 222 DEPARTMENT OF BUILDINGS - 48 Personal Services Fees for Professional and Special Services Communications Travel Expense Insurance Dues, Memberships and Subscriptions Maintenance of Machinery and Equipme~ Automobile Allowance Printing and Office Supplies Operating Supplies and Materials Motor Fuel and Lubricants Office Furniture and Equipment - Repl. Vehicular Equipment - New $110,245.50 10,000.00 1,450.00 1,200.00 550.00 212.00 75.00 3,620.00 1,200.00 100.00 450.00 500.00 Total Department of Buildings $129,602.50 (I) One Electric Typewriter AIR POLLUTION CONTROL - 4q Personal Services Communications Travel Expense Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Printing and Office Supplies Operating Supplies and Materials Motor Fuel and Lubricants Office Furniture and Equipment - New 17,892.00 500..00 547.00 65.OO 25O.OO 200..00 260.00 125.00 Total Air Pollution Control 19,839.00 ARMORY - 50 Personal Services Utilities Food, Medical and Housekeeping Supplies Operating Supplies and Materials Buildings and Fixed Equipment - Repl. Other Equipment - Repl'. Other Equipment - New Total Armory 6,132.00 7,000.00 5OO.OO 140.00 300.00 995.00 15,067.00 (1) (2) Electric stove for kitchen Automatic Scrubber and Polisher; includes 17" Flo-Thru wood back bassine scrub brush, i7" polish brush, moleskin filter assembly, dry pick up tool with bristle inserts - 20~ double bladed wet pick up squeegee attachment and batteries. LIFE SAVING CREWS - 51 Personal Services Utilities Fees for Professional and Special Services Communications Insurance Dues, Memberships and Subscriptions Maintenance of Buildings and Property Maintenance of Machinery and Equipment Printing and Office Supplies Food, Medical and Housekeeping Supplies Operating Supplies and Materials Motor Fuel and Lubricants 1,500.00 1,800.00 6,000.00 1,400.00 850.00 360.00 600.00 160.00 100..00 2,000.00 6,000.00 1,30o.oo Total Life Saving Crews 22,070.00 ~IVIL DEFENSE - 52 Personal Services (1) Operating Supplies and Materials (1) Emergency Medical Services Equipment (2) 18,934.00 13,000..00 65,'774.00 Total Civil Defense 95,708.00 (1) Partially reimbursed by Federal and State Governments (2) 100% locally and Federal funded 223 HIGHWAY SAFETY COMMISSION - 54 Travel Expense $ 75..00 Dues, Memberships and Subscriptions 75.00 Printing and Office Supplies 50.00 Total Highway Safety Commission $ ENGINEERING - 55 i~ersonal Services ees for Professional and Special Services ]Communications Travel Expense Education Insurance Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Automobile Allowance Printing and Office Supplies Operating Supplies and Materials Motor Fuel and Lubricants Vehicular Equipment - Repl. Office Furniture and Equipment - New Operational and Construction Equipment - New 267,770.50 30,000.00 2,100.00 900.00 300.00 100.00 1,150.00 720.00 900.00 4,700.00 1,375.00 3,400.00 510.00 200,00 Total Engineering (1) Automobile, Intermediate Size, Small V-8 Air-Conditioned, Automatic Transmission, Steering and Power Brakes. (2) Desk and Chair (3) Portable Calculator Engine, Power PUBLIC WORKS- 56 Personal Services Communications Travel Expense Education Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Printing and Office Supplies Operating Supplies and Materials Motor Fuel and Lubricants Office Furniture and Equipment - New 42,300.00 600.00 500.00 550.00 350.00 50.00 700.00 150.00 150.00 900,00 Total Public Works (1) One Thought Tank and One Secretarial Control Unit TRAFFIC ENGINEERING AND COMMUNICATIONS - 57 Personal Services 369,529.50 Utilities 11,200.00 Communications 7,850.00 Travel Expense 450.00 Education 200.00 Insurance 50.00 Rentals 250.00 Dues, Memberships and Subscriptions 240.00 Maintenance of Buildings and Property 200.00 Maintenance of Machinery and Equipment 7,075.00 Printing and Office Supplies 2,725.00 Food, Medical and Housekeeping Supplies 370.00 Operating Supplies and Materials 12,875.00 Motor Fuel and Lubricants 1,500.00 Supplies and Materials - Construction 1,500.00 Office Furniture and Equipment - Repl. Vehicular Equipment - Repl. 4,000.00 Other Equipment - Repl. 143,671.00 Office Furniture and Equipment - New 250.00 Operational and Construction Equipment - New Other Equipment - New 41,868.00 Total Traffic Engineering and Communications 200.00 314,125.50 46,250.00 605,803.50 224 (1) (2) (3~ (4) (5) (6) (7) (8) (9~ (10) (11) (12) (13) (14~ (15) (17} (I8) (19) (20) (21] (22) (23) (24) (25) (26) (27) (28) (29) One (1) Intermediate size, four door, station wagon Emergency replacement of signal and alarm equipment 50 Single-head parking meters Replacement of underground fire alarm cable and appurtenant equipment Four (4) Fire Alarm Boxes Replacement of underground fire alarm cable and appurtenant equipment, Downtown East. Replacement of underground and overhead fire alarm cables, wires, etc.- Kimball Avenue Project. Traffic signal installation - WilIiamson Road and Rutherford Avenue, N.E. Traffic signal installation- Campbell Avenue and Second Street, S.E. Bullitt Avenue and First Street, S.E. ($30,000) (Downtown East Renewal Tazewell Avenue and First Street, S.E. ($5,000) Project - Traffic Signal Jefferson Street and Tazewell Ave., S.E. ($30,000) Installation) 1 Tube checker 10 Vehicular two-way radios - Replacement in various departments. 1 Cassette tape player 4 Portable two-way radios 1 5-drawer flat file Traffic signal installation- Orange Avenue and Kimball Avenue, N.E. Traffic signal installation - Riverland Road and (Ninth Street) Industrial Center Four (4) Master Fire Alarm Boxes for Wasena, Tinker, Crystal Spring and Preston Park Elementary Schools. Test equipment for Radio Shop 2 Portable two-way radios I Vehicular two-way radio 1 Vehicular two-way radio 8 Portable two-way radios with battery chargers 12 Nickel-Cadmium batteries 2 Vehicular two-way radios 3 Vehicular two-way radios 1 Vehicular two-way radio 2 Vehicular two-way radios 2 Vehicular two-way radios STREET CONSTRUCTION AND REPAIR - 58 Personal Services Utilities Communications Travel Expense Maintenance of Buildings and Property (1) Maintenance of Machinery and Equipment Printing and Office Supplies Food, Medical and Housekeeping Supplies Operating Supplies and Materials Motor Fuel and Lubricants Supplies and Material s - Construction Vehicular Equipment - Repl. Operational and Construction Equipment - Repl. Office Furniture and Equipment - New Operational and Construction Equipment - New Land - Rights of Way $530,615.50 1,300.00 1,000.00 600.00 350,000.00 500.00 75O.OO 1,000,00 8,000,00 11,000,00 90,000,00 46,600,00 99,700~00 300.00 5,000.00 Total Street Construction and Repair $1,146,365.50 (1) (2) (3) (4) (5) (6) (7) (8) (9) $50,000.00 - 5 year program on curb and 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 $100,000.00 used by City forces 1 Tractor and low boy with winch - 40 Ton low boy 1 - 1~ Ton Dump truck 1 - 1~ Dump Truck 1 - new car 1 - Adding machine 1 - D-7 Bull Dozer 1 - Front end loader - ~920- 1~ yard 4 extra heavy duty Power Hand Mowers 225 STREET SIGNS AND MARKINGS - 59 Personal Services Communications Maintenance of Machinery and Equipment Printing and Office Supplies Food, Medical and Housekeeping Supplies Operating Supplies and Materials Motor Fuel and Lubricants Vehicular Equipment - RepI. Operational and Construction Equipment - Repl. Office Furniture and Equipment - New Vehicular Equipment - New $ 77,599.50 175..00 800.00 100.00 150.00 47,300.00 1,050.00 5,OOO.OO 1,750.00 Total Street Signs and Markings $133,924.50 (I) Truck 3/4 Ton with Baker Utility Body (2) Hand squeeze roll applicator and time cycle controller (3) Pneumatic air tool, with hose, steel and bits STREET LIGHTING - 61 Utilities Maintenance of Machinery and Equipment Buildings and Fixed Equipment - Repl. 318,310.20 1,000.00 !8,000.00 Total Street Lighting 337,310.20 (1) (2) Replacement of bridge lighting - Wasena Bridge consisting of mercury vapor luminaires and aluminum standards. Replacement of bridge lighting - Franklin Road (NgW Ry) consisting of mercury vapor luminaires and aluminum standards. SNOW AND ICE REMOVAL - 62 Personal Services Rentals Operating Supplies and Materials Motor Fuel and Lubricants Operational and Construction Equipment - Repl. Operational and Construction Equipment - New 28,350.00 5,000.00 20,000.00 2,500.0O 5,600,00 Total Snow and Ice Removal 61,450.00 (1) Two (2) Salt spreaders MUNICIPAL BUILDING - 63 Personal Services Utilities Communications Rentals Maintenance of Buildings and Property Maintenance of Machinery and Equipment Clothing and Personal Supplies Food, Medical and Housekeeping Supplies Office Furniture and Equipment - Repl. Operational and Construction Equipment - New 92,731.00 90,000.00 500.00 1,200.00 40.00 13, 000.00 2.110.00 Total Municipal Building 199,581.00 (1) (2) (3) Fluorescent Tube Crusher Vacuum Cleaner Two Floor Buffing Machines MAINTENANCE OF CITY PROPERTY - 64 Personal Services Utilities Fees for Professional and Special Services Communications Education Insurance Rentals Dues, Memberships and Subscriptions Maintenance of Buildings and Property Maintenance of Machinery and Equipment Printing and Office Supplies Food, Medical and Housekeeping Supplies Motor Fuel and Lubricants Office Furniture and Equipment - Repl. Vehicular Equipment - Repl. Operational and Construction Equipment - Repl. Vehicular Equipment - New Operational and Construction Equipment - New 311,397.00 100.00 6,000.00 725.00 400.00 29,700.00 2,250.00 50.00 353,280.00 200.00 750.00 25O.OO 1,600.O0 6,400.00 9,55o.oo Total Maintenance of City Property 226 (l) Replace light fixtures, poles, and wiring at South Roanoke tennis courts (2) One welding truck consisting of standard cab and chasis with utility body suitable for mounting existing welder. (3) One lot of Staging including two power hoist, one adjustable platform, one parapet scaffold and assorted fittings (4) One "Megger" Insulation Tester (a test instrument used in electrical work). MARKET- 66 Personal Services Utilities Communications Travel Expense Education Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Automobile Allowance Printing and Office Supplies Food, Medical and Housekeeping Supplies Operating Supplies and Materials Motor Fuel and Lubricants Office Furniture and Equipment - Repl. Other Furniture and Equipment - Repl. Total Market $ 52,399.50 15,000..00 275.00 300.00 170.00 75.00 100.00 480.00 500.00 1,880.00 250.00 200.00 125.00 900,.00 $ 72,654.50 (1) (2) (3) 1 Executive swivel chair 31-lb. weight test kit Equal Arm Test Scales SEWER CONSTRUCTION AND MAINTENANCE - 67 Personal Services Utilities Fees for Professional and Special Services Rental s Maintenance of Buildings and Property Maintenance of Machinery and Equipment Operating Supplies and Materials Motor Fuel and Lubricants Supplies and Materials- Construction Vehicular Equipment - Repl. Operational and Construction Equipment - Repl. Vehicular Equipment - New Operational and Construction Equipment - New Land - Rights of Way 358,630.00 125.00 1,000.00 40,000,00 6,000,00 12,500.00 3,300.00 5O,OOO.OO 133,500.00 5OO.OO Total Sewer Construction and Maintenance 605,555.00 (1) 2 Vac All Cleaners ~ Flushers - 12 cu. Yd. Capacity (2) 1 Hi-Velocity sewer cleaners with reel and 500 ft. - one inch hose I.D. (3) 1 Sewer Rodder Trucks - complete with rodder - 500 ft. 5/16 sectional sewer cable (4) 1 Closed circuit television inspection system - 1100 series SANITATION - 69 Personal Services Utilities Fees for Professional and Special Services Communications Travel Expense Education Insurance Rentals Maintenance of Machinery and Equipment Printing and Office Supplies Food, Medical and Housekeeping Supplies Operating Supplies and Materials Motor Fuel and Lubricants Supplies and Materials- Construction Office Furniture and Equipment - Repl. Vehicular Equipment - Repl. Operational and Construction Equipment - Repl. Office Furniture and Equipment - New Vehicular Equipment- New 1,209,928.50 3,220.00 3O,0OO.OO 1,200.00 300.00 150.00 2,000 O0 3,950.00 950.00 1,000.00 8,5OO.0O 45,700.00 27,500.00 510.00 247,000.00 22,000.00 Total Sanitation 1,603,908.50 227 (1) Electric Typewriter - 18" carriage (2) Motor Broom, 4 wheel, dual control, diesel engine, automatic transmission, factor air (3) 2~-3 ton cab and chassis complete with diesel engine, automatic transmission, dump bed, air conditioning (4) 2~-3 ton cab and chassis complete with diesel engine, factory air., automatic transmission, dump bed (5) Trailer-type leaf collector (6) Trailer-type leaf collector (7) 3-4 ton cab and chassis complete with 16 cu. yd. refuse body, factory air., automatic transmission, diesel engine (8) 3-4 ton cab and chassis complete with 16 cu. yd. refuse body, factory air., automatic transmission, diesel engine (9) 3-4 ton cab and chassis complete with 16 cu. yd. refuse body, factory air., automatic transmission, diesel engine (lC) Cab and chassis complete with 43,000 lb. G.V.W. rating, pulling tandem, automatic transmission, diesel engine with 20 cu. yd. high compaction refuse body, factory air. (1I) Cab and chassis, factory air, complete with 43,000 lb. G.V.W. rating, pulling tandem, automatic transmission, diesel engine with 20 cu. yd. high compaction refuse body (12) 1/2 ton pick-up truck, factory air., automatic transmission, V-8 motor (13) 24 cu. yd. Dumpmaster (6,000 lb. arms complete with cab a~ chassis which will include automatic transmission, factory air., diesel motor.) (14) 24 cu. yd. Dumpmaster (6,000 lb. arms complete with cab and chassis which will include automatic transmission, factory air., diesel motor.) (15) 24 cu. yd. Dumpmaster (6,000 lb. arms complete with cab a~ chassis which will include automatic transmission, factory air., diesel motor.) (16) Flusher - cab and chassis complete with 50,000 lb. G.V.W. rating, automatic transmission, diesel engine, factory air., 2,500 gallon water tank. GARAGE- 71 Personal Services Utilities Communica ti OhS Education Insurance Maintenance of Machinery and Equipment Printing and Office Supplies Food, Medical and Housekeeping Supplies Operating Supplies and Materials Motor Fuel and Lubricants Vehicular Equipment - Repl. Other Equipment- Repl. Office Furniture and Equipment- New Other Equipment- New $338,544.50 7,000.00 940.00 350.00 40,460.00 225,0O0.O0 900.CO 800.00 7,500.00 2,GOO.C0 38,000.00 70.00 1,030,00 Total Garage (1) One wrecker (2) (1) New 1973 - 25 Ton Wrecker Complete (3) (1) New- 1973 Compact Sedan (4) (1) Four drawer filing cabinets (App. 25" x 52" x 15") (5) (1) New Portable Headlight Aimer (6) (1) New Valve Seat Grinder (7) (1) New 5,000 lb. Porto Power lift (8) (2) Sets Mechanic Tools (With Tool Boxes) PUBLIC EMPLOYMENT PROGRAM - 72 Personal Services Travel Expense 113,466.00 500, O0 100% Federally funded Total Public Employment Program PARKS AND RECREATION Personal Services Utilities Fees for Professional and Special Services Communications Travel Expense Advertising Insurance Rentals Dues, Memberships and Subscriptions Maintenance of Buildings and Property Transportation Museum Improvements Maintenance of Machinery and Equipment 552,217.50 23,400.00 800.00 3,0O0.00 700.00 500.00 1,100.00 650.00 150.00 8,300.00 6,000.00 8,000.00 $663,194.50 113,966.00 228 PARKS AND RECREATION - 75 (Continued) Automobile Allowance Printing and Office Supplies Food, Medical and Housekeeping Supplies Operating Supplies and Materials Motor Fuel and Lubricants Vehicular Equipment - Repl. Other Equipment - Repl. Buildings and Fixtures Equipment - New Other Equipment - New $ 2,820.00 2,000.00 9,000..00 26,675.00 1,800.00 19,000.00 15,505.00 2,5OO.OO 33,26O.OO Total Parks and Recreation $717,377.50 (1) (2) (3) (4) (5) (6) (7) (8) (9) (I0) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) (29) (30) (31) Landscaping - Shrubs, seed, trees and topsoil 50 fol~ ng metal chairs I0' high, 9 gauge chain link fence with gates, corner posts and pipe to replace fencing at Preston Park tennis courts Repaint with Tennis Court Green paint three tennis courts at Shrine Hill Park and two courts at Fishburn Park Station wagon automobile, power steering, power brakes, air conditioning Two (2) real type gang mowers with hydraulic lift and carrier wheels One LCG farm type mowing tractor Two ton LiB 12' regular dump truck Twenty four (24) power saw chains I0 sets, 10 rows, 16' portable bleachers One (1) heavy duty 4 H.P. brush cutter One (1) heavy duty bench grinder Four (4) power chain saws Six (6) 21" push type rotary mowers 350 - 2" x 10" x 16' treated replacement bleacher seat boards Outdoor, hard surface basketball court to' be built in South Roanoke Park. To include basketball backboards and goals; also night lighted. Outdoor water fountain - Eureka Park One (1) heavy duty industrial type vacuum cleaner One (I) 2000 watt gasoline powered portable heavy duty generator One (1) heavy duty metal cutting power hack saw One 2-ton heavy duty truck with 12 ft. dump stake body and V-8 engine - long wheel base One asplundh wood chipper or equal One 100 ft. Comet, 110 volt all power crane complete with 5,000 watt, electric start power plant and welder and front and rear square 1-beam, double construction outriggers, or equal One (1) 2~ tone heavy-duty, long wheel base truck with 18 ft. flat steel body complete with standards V-8 engine, and 5 speed transmission Hand equipment (chain saws, hand saws, rakes, shovels, etc.) One all steel truck body One (1) Sanco Trailer with attachments for Sanco Leaf Machine Two (2) heavy duty professional quality hedge cutters One (1) 19 piece heavy duty 3/4" drive socket wrench set One (1) commercial quality 4" belt sander One 1/2 ton pick-up truck with 8' stepside body STADIUM AND ATHLETIC FIELD Personal Services Utilities Communications Advertising Insurance Food, Medical and Housekeeping Supplies Operating Supplies and Materials Other Equipment - Repl. Other Equipment - New 25,682.00 12,300.00 250.00 20,000.00 750.00 850.00 3,OO0.OO 3OO.OO 1,06o .oo Total Stadium and Athletic Field 64,192.00 (1) 50 - folding metal chairs (2) Gas-powered Edger - trimmers (3) Electric hedge trimmer (4) Chain link fence and double gate (5) 8 bp. gas-power outdoor vacuum cleaner plus water pick-up kit and truck loader materials transfer kit CIVIC CENTER - 77 City of Roanoke Supplement Total Civic Center 251,000.00 229 V.P.I. EXTENSION SERVICE - ?8 :Fees for Professional and Special Services Total V.P.I. Extension Service $ 25,316.00 VIRGINIA WESTERN COMMUNITY COLLEGE - 79 ~Contribution 16,942,97 Total Virginia Western Community College 16,942.97 LIBRARIES - 80 iPersonal Services Utilities Communications Travel Expense Insurance Rentals ,Dues, Memberships and Subscriptions iMaintenance of Machinery and Equipment ~Automobile Allowance :Printing and Office Supplies iFood, Medical and Housekeeping Supplies Operating Supplies and Materials (1) Motor Fuel and Lubricants Other Equipment - Rep1. Office Furniture and Equipment - New Other Equipment - New 344,035.50 13,000.00 2,650.00 700.00 3,500..00 720.00 4,300.00 360.00 4,400.00 2,775.00 159,495..00 170.00 3,975.00 45.00 3~346.00 Total Libraries 543,471.50 (1) Partially reimbursed by Commonwealth of Virginia. (2) 2 plate glass windows 20' high, 42' x 108 Rivinus Room - Main (3) 1974 Van type panel truck V-8 Automatic transmission (4) 'Stenographer's chair (5} Newspaper rack -Williamson Road Branch (6) 6 folding tables (7) Heavy duty vacuum cleaner (8) 2 pegboard folding screens - 4 panel wooden frame with pegboard center (9) Double faced wooden shelving 7' x 15' to match existing installations - first floor, Main and Virginia Room TOTAL ACTION AGAINST POVERTY - 81 City's Contribution to the Operation of T.A.P. 181,714,00 Total Total Action Against Poverty 181,714,00 PLANNING COMMISSION - 83 Personal Services Fees for Professional and Special Services (1) H.U.D. Grant Communications Travel Expense Education Advertising Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Automobile Allowance Printing and Office Supplies Operating Supplies and Materials Motor Fuel and Lubricants. Office Furniture and Equipment - Repl. Office Furniture and Equipment - New Other Equipment - New 100,978.00 27,817.00 70,000.00 895.80 1,950.00 500.00 1,000.00 2,000.00 225.00 100.00 3,500.00 500.00 100.00 321.00 143.00 Total Planning Commission 210,029.80 (1) (2) (3) (4) City's contribution to 5th Planning District Commission of $18,175.40 included in this account Three (3) 4-drawer Cole-Steel File Cabinets ~504 - Legal 1 Walnut Chair - Hearn 701 1 Alma desk Extension with 2 bookcases ~1700 - CA - 60 23O BOARD OF ZONING APPEALS - 84 Personal Services Communications Travel Expense Advertising Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Printing and Office Supplies $ 6,734.00 200.00 175.00 500.00 65.00 50..00 325,00 Total Board of Zoning Appeals $ ELECTORAL BOARD - 85 Personal Services Fees for Professional and Special Services Communications Travel Expense Advertising Insurance Rentals Dues, Memberships and Subscriptions Maintenance of Machinery and Equipment Automobile Allowance Printing and Office Supplies Data Processing Office Furniture and Equipment - New 34,320.00 26,010.00 1,250..00 150.00 200.00 1,200.00 16,468..00 195.00 1,200.00 150.00 6,000.00 300,00 Total Electoral Board (1) 1 six-drawer double compartment file, manufactured by Steel Master, model ~2669 with lock, for filing 5" x 8" cards CAPITAL IMPROVEMENTS - 89 Regional Jail Facility Repairs and/or Replacement for City's Sewage Collector's System Fire Training Center Garden City Toilet Facilities Staunton Avenue Toilet Facilities Breckenridge Avenue Toilet Facilities Resurface Tennis Court Shrine Hill Park Downtown East Kimball Off-site Drainage Kennedy Park Improvements 1,000,000.00 500,000.00 60,000.00 11,000.00 11,000.00 11,000.00 3,200.O0 446,710.81 150,000.00 3.800.00 Total Capital Improvements NON - DEPARTMENTAL - 91 Workmen's Compensation Fees for Professional and Special Services Convention Bureau Court Costs Personal Injuries Damages to Property State Tax Property Purchased- Tax Sales Refund Taxes Refund Assessments Refund Accounts Refund Fines Annexation Annexation Decree 1967 Annexation Decree 1968 Roanoke Chapter - SPCA Prerelease Services for Adult Offenders 33,000.00 20,000.00 19,650.00 500.00 BO0.00 1,200.00 1,950.00 1,000.00 27,000.00 5OO.OO 75,OOO.OO 1,SO0.00 70,000.00 29,250.28 6,OOO.00 8,049.00 87,443.00 2,196,710.81 Total Non - Departmental 287,350.28 SERIAL BOND MATURITIES - 92 Seri Se r~ Seri Seri Seri Seri Seri es "KK" due Auqust 1 es "DD" due Auqust 15 es "A-I" due September .1 es "A-2" due September 1 es "RI<" due September 15 es "DD" due October 1 es "EE" due October 1 Ser~es "FF" due October 1 Series'B" due December 1 Series "C" due December 1 Ser~es "KK" due December 1 'Ser~es "A-3" due March 1 Ser~es "GG" due March 15 Ser~es "II" due June 15 Ser~es "JJ*' due June 15 Set es "A-4" due September I $130,000.00 70,000.00 500,000.00 200,00O.00 80,000.00 70,000.00 15,000.00 5,000..00 2O,OOO.O0 17,000..00 100,000.00 220,000.00 58,000.00 45,000.00 450,000.00 Total Serial Bond Maturities $1,980,000.00 REDEMPTION OF OTHER LONG-TERM DEBT - 94 School Literary Loan 1949 Annexation Debt Water Department Loan (Hanqar) 1965 Annexation Debt 16,750].00 1,050. O0 4,406,99 Total Redemption of Other Lonq-Term Debt 22,206.99 INTEREST ON INDEBTEDNESS - 95 Interest on School Literary Loan Interest on Serial Bonds Interest on Water Department Loan Payin§ Aqents Fees Interest on Annexation Debt 1949 Interest on Annexation Debt 1965 Bond Issue and Cremation Interest on Temporary Loans 2,010.00 1,252,356.88 4,000.00 107.00 1,160.34 11,000.00 ~O,OOO.OO Total Interest on Indebtedness 1,320,634.22 TRANSPORTATION - 96 Fees for Professional and Special Services 15,000.00 Total Transportation 15,000.00 TERMINAL LEAVE - 97 Terminal Leave 35,000.00 Total Terminal Leave 35,000.00 CONTINGENCIES - 98 Continqency Reserve 100,000,00 Total Continqencies 100,000.00 ACTION qRANT NO, 72-A765 - OIC - 510 Personal Services Utilities Fees for Professional and Special Services Communications Travel Expense Rentals Dues, Memberships and Subscriptions Operatin9 Supplies and Materials Other Equipment - New 28,275.OO 400.00 6,030.00 750.0O 2,273.O0 1,000.00 824.00 1,384.00 3,064.00 Total Action Grant No. 72-A765 - OIC 44,000.00 BETHANY HALL GRANT - 520 Personal Services Fees for Professional and Special Services Travel Expense Rentals Operating Supplies and Materials $ 11,500.00 400.00 750.00 3,000.00 10,360.00 Total Bethany Hall Grant $ 26,010.00 COOPERATIVE AREA MANPOWER PLANNING SYSTEM - 530 Personal Services Communications Travel Expense Dues, Memberships and Subscriptions Maintenance to Buildings and Property Maintenance of Machinery and Equipment Printing and Office Supplies 40,000..00 1,000.00 1,400.00 300.00 1,000.00 300.00 1,200,00 Total Cooperative Area Manpower Planning System 45,200.00 SCHOOLS - Administration Instruction Attendance Services Health Services Pupil Transportation Operation of Plant Maintenance of Plant and Equipment Fixed Charges Food Services Special Instruction Improvements and Betterments Unclassified 442,053.00 11,357,974.00 229,479.00 10,978.00 444,259.00 1,564,875.00 776,829.00 562,715.00 1,369,818.00 214,684.00 366,866.00 126,125,00 Total Schools 17,466,655.00 *5% pay increase for School classified employees 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 th~ Budget Ordinances for the fiscal year 1973-74 of the Council of the City of Salem Virginia, and the Board of Supervisors of Roanoke County, Virginia, for the cost of the expenses of the Courts of the Twentieth Judicial Circuit of Virginia be an, the same are hereby approved, in accordance with the provisions of paragraph 6 of Resolution No. 19123, adopted by the Council of the City of Roanoke on April 6, 1970. BE IT FURTHER ORDAINED that the City Auditor be, and he is hereby, autho- rized 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 1973-74 Appropriation Ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in force on and after July 1, 1973. APPROVED ATTEST: Mayor Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No. 20995. AN ORDINANCE making appropriations from the Sewage Treatment General Fund and the Sewage Treatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning July l, 1973, and ending June 30, 1974; 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 shall be paid into the City Treasury for the Sewage Treatment General Fund in the fiscal year beginning July 1, 1973, and ending June 30, 1974; shall constitute a Sewage Treatment 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: SEWAGE TREATMENT - RECAPITULATION BY DEPARTMENTS Sewage Treatment Fund Replacement Reserve Interest on Debt Debt Retirement Capital Outlay from Revenue 5% Pay Increase $900,844.55 108,000.00 91,105.00 205,000,00 497,817.00 Total Sewage Treatment- Recapitulation by Departments $1,802,766.55 SEWAGE TREATMENT FUND - 90 Personal Services Retirement Contributions Group Insurance Extra Help Overtime Terminal Leave Workman' s Compensation Medical Insurance Payments Utilities Fees for Professional and Special Services Communications Travel Expense Education Insurance Dues, Memberships and Subscriptions Maintenance of Buildings and Property Maintenance of Machinery and Equipment Automobile Allowance Printing and Office Supplies Food, Medical and Housekeeping Supplies Operating Supplies and Materials Motor Fuel and Lubricants Data Processing Administrative Expense Billing Expense Refunds and Rebates Payment in Lieu of Taxes 327,531.50 50,100.00 700.00 13,462.80 7,500.00 1,000.00 2,500.00 1,900.00 90,000.00 6,250.00 1,320.00 5,500.00 750.00 2,955.25 75.00 3,O00.O0 26,000.00 600.00 600.00 900.O0 250,000.00 700.00 7,000.00 26,500.00 6,000.00 16,000.00 52,000,00 Total Sewage Treatment Fund 900,844.55 SEWAGE TREATMENT FUND Replacement Reserve Interest on Debt Debt Retirement Capital Outlay from Revenue 108,000.00 91,105.00 205,000.00 497,817,00 Total Sewage Treatment Fund 901,922.00 Total SEWAGE TREATMENT FUND 1,802,766,55 (2) (3) (4} (5} Replacement Reserve Office Equipment Lick Run Improvement Albemarle 'Sewers Chemical treatment Sewage Lateral Line Replacement Transfers S',~,F', - APPROPRIATIQNS FOR CAPITAL OUTLAY - REPLACEMENT RESERVE - 500 $22,500,00 Total S~.T'.F'. - Appropriations for Capital Outlay- Replacement Reserve 22,500.00 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 there is hereby appropriated from the 'Sewage Treatment Replacement Reserve Fund for Capital Replacements BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 1973-74 Sewage Treatment Fund Appropriation Ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in force on and after July 1, 1973~' APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, No'~ 20996)'. AN ORDINANCE making appropriations from the Water General Fund and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year begin- ning July 1, 1973, and ending June 30, 1974; and declaring the existence of an emergency. WHEREA'S, 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 al money that shall be paid into the City Treasury for the Water General Fund in the fiscal year beginning July 1, 1973, and ending June 30, 1974; shall constitute a Water 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: WATER DEPARTMENT - RECAPITULATION BY DEPARTMENTS Pumping Stations and Tanks Purification Distribution and Transmission General Expense Terminal teave Miscellaneous Replacement Reserve Interest on Debt Retirement of Debt Capital Outlay from Revenue 5% Pay Increase 141,368!:~00 246,833,00 480,639,,00 689,367,00 4,500,00 7,000,00 250,000,00 197,725.00 367,000.00 231,800.00 Total Water Department - Recapitulation by Departments 2,616,232.00 WATER - PUMPING 'STATION'S AND TANK'S - 260 Personal Services $ 43,818,00 Utilities 50,000.00 Communications 1,500,00 Maintenance of Buildinqs and Property 40,000.00 Maintenance of Machinery and Equipment 5,0001.00 Printing and Office 'Supplies 100.00 Food, Medical and Housekeeping Supplies 300.00 Operating Supplies and Materials 650,00 Total Water - Pumping Stations and Tanks $141,368.00 (1) Paint one 2,000,000 gallon storage tank WATER - PURIFICATION - 280 Personal Services Utilities Fees for Professional and Special Services Communications Rentals Maintenance of Buildings and Property Maintenance of Machinery and Equipment Investigations, 'Studies and Rewards Printing and Office Supplies Food, Medical and Housekeeping 'Supplies Operating %upplies and Materials Motor Fuel and Lubricants 137,058,00 5,50O,00 15,000,00 825.00 100.00 9,200,00 8,000,00 5,000,00 lOO.OO 750,00 65,000.O0 300,00 Total Water - Purification 246,833.00 2- 20" J052 square bottom cylinder operated gate valves for wash water line on filters WATER - DISTRIBUTION AND TRANSMISSION - 290 Personal Services Utilities Fees for Professional and Special Services Communications Rentals Maintenance of Buildings and Property Maintenance of Machinery and Equipment Printing and Office Supplies Clothing and Personal Supplies Food, Medical and Housekeeping Supplies Operating 'Supplies and Materials 397,989,00 4,000~.00 1,500.00 2,2001,00 250.00 5O,0O0,0O 2,000,00 200,00 1,000.00 1,500.00 20,000,00 Total Water - Distribution and Transmission 480,639.00 WATER - GENERAL EXPENSE - 320 Personal Services Retirement Contribution Damages to Property Group Insurance Extra Help Overtime Medical Insurance Payments Utilities Fees for Professional and 'Special Services Communications Travel Expense Education Advertising Insurance Dues, Memberships and Subscriptions Maintenance of Buildings and Property Maintenance of Machinery and Equipment Printing and Office Supplies Food, Medical and Housekeeping Supplies Operating 'Supplies and Materials Data Processing administrative Expense Refnnd Connection Charges Payment in Lieu of Taxes 225,117.00 110,000.00 3,000.00 2,200.00 3,000.00 15,000.00 6,000.00 2,300.00 12,000.00 3,500.00 1,400.00 1,000.00 250.00 12,500.00 300..00 2,OOO.0O 2,000.00 20,000.00 1,100.00 2,700.00 20,000.00 40,000.00 4,000.00 200,000.00 Total Water - General Expense 689,367.00 236 WATER - TERMINAL LEAVE - 330 Terminal Leave $ 4,,500.00 Total Water - Terminal Leave $ 4,500.00 WATER- 450 Miscellaneous Replacement Reserve Interest on Debt Retirement of Debt Capital Outlay from Revenue 7,000,00 250,000.00 197,725,00 367,0001.00 231.800.00 Total Water Total Water Department 1,053,525.~00 2,616,232,00 (1) Portable Air Grinder (2) Electric Heater for use in office (3447 Read Rd., N.E.) (3) (4) (5) (6) (7) (8) (9) (ll) (12) Metal storage cabinets (2) Purchase commercial type tractor w/gang mower, sickle bar mower and snow blade atta~chment and tilt bed trailer 1 - 150 lb' chlorine cylinder repair kit 1 - Water cooler 1 - 100 GPM high pressure pump for the Mill Mountain system Sar-T-Climb Fall Prevention system for 1 storage tank Shoring Jacks Virginia Avenue Pumping Station New services, hydrants, water lines, tanks and/or pumping stations Peakwood Reservoir WATER - REPLACEMENT RESERVE - 500 Replacement Reserve 345.000.00 Total Water - Replacement Re se rye 345,000 O0 (1) (2) (3) (4) (5) (6) (8) (10) (11) (12} (13} Material and street restoration involved in installing a segment of water trunk line fro~ Crystal Spring Ave. to Cave 'Spring. Work will be performed by City forces. Approximately the same amount will be budgeted each year during the neyt two years. Replace one 1/2 ton truck with utility body ~ Replace one water level transmitter for Mill Mtn. 'Storage Tank Replace one small size lawn mower Replace one backhoe (crawler type) Replace one 2 ton dump truck Replace one 1/2 ton truck with utility body, radio, power unit Replace one Air Compressor, Portable 2-wheel 160 CFM Replace two Heavy Duty Pavement Breakers Replace two desks and two chairs Rep]ace one Automatic Electric Mail Opener Replace one Electronic Calculator Replace present adding electrical machine with a new electrical adding machine Replace one automobile, 4 dr~ Sedan with radio (15) Replace roof over Round Hill Reservoir (16) Estimated cost of plant which wil,1 have to be replaced during the year which cannot be individually identified. 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 pro- visions thereof~ BE IT FURTHER ORD~ NED that the City Auditor be, and he is hereby, auth( rized and directed, to transfer between account~ 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 there is hereby appropriated from the Water Replacement Reserve Fund for Capital Replacements BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 1073-74 Water Fund Appropriation Ordinance. 2. 7 BE IT FURTHER OROAIN'ED that, an emergency existing, this Ordinance shall be in force on and after July 1, 1973'. APPROVED A TTE ST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973. No~ 20997. AN ORDINANCE making appropriations from the Municipal Airport Fund of the City of Roanoke for the fiscal year beginning July l, 1973, and ending June 30, ]074; 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 l, 1073, and ending June 30, 1074; shall constitute a Municipal Airport Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: MUNICIPAL AIRPORT FUND - RECApTTULATION BY DEPARTMENTS Municipal Airport Fund Replacement Interest on Debt Debt Retirement Capital Outlay from Revenue 5% Pay Increase $500,504.50 128,400,00 45,891.55 75,699,02 50,165.00 Total Municipal Airport Fund - Recapitulation by Departments $B00,660.07 MUNICIPAL AIRPORT FUND - 340 Personal 'Services Retirement Contributions and Social Security Group Insurance 'Extra Help Overtime Terminal Leave Workmen's Compensation Medical Insurance Payments Utilities Fees for Professional and 'Special 'Services Communications Travel Expense Education Insurance Rentals Dues, Memberships and 'Subscriptions Maintenance of Buildings and Property Maintenance of Machinery a~ Equipment automobile allowance Printing and Office Supplies Clothing and Personal 'Supplies Food, Medical and Housekeeping Supplies Operating Supplies and Materials Fire 'Safety Service Motor Fuel and Lubricants Supplies and Materials - Construction administrative Expense 173,513,50 29,500.00 551.00 5,000.00 3,000.00 1,200.00 900.00 950,00 18,600.00 5,700.00 6,000,00 800..OO 6O0,OO 3,500.00 8,800.00 200.00 91,470,00 750,00 600.00 800,00 3,150.00 8,600.00 6,320,00 115,000,00 1,000.00 5,000.O0 9,000,00 Total Municipal Airport Fund 500,504.50 MUNICIPAL AIRPORT FUND - 450 Replacement $128,400.00 Interest on Debt (1) 45,891,55 Debt Retirement (2) 75,699,02 Capital Outlay from Revenue (Boarding Tax) 50,165',00 Total Municipal Airport Fund 300,155.57 Total Municipal Airport Fund $800,660.07 (1) Includes: Interest on Serial Bonds Interest on Hangar Loan 37,323~'79 8,567.76 (2) (3) (4) (5) (6) (7) (8) (O) (]0) (11) (]2) Includes: Serial Bond Maturities 42,630~'00 Water Dept". Hangar Loan 23,0691.02 General Fund Loan 10,000'.00 I - Club Wagon, Minimum 8 passengers V-8, side,, doors , automatic transmission, air-conditioned, power steering and brakes. 2 - Rotary Power Mowers, 3HP 1 - Addinq Machine, electric New Furniture for the expanded Terminal Bldg. ] - Tractor, diesel 38HP minimum 1 - Rotary cutter, 100~ cutting width 1 - 7" skill saw, with blad~es 1 - Battery Charger, 80 amp. I - High Pressure Lubricator 1 - Fire truck MUNICIPAL AIRPORT FUND - REPLACEMENT RE'SERVE - 500 Automobile Equipment 4,200.00 Total Municipal Airport Fund - Replacement Reserve 4,200.00 MUNICIPAL AIRPORT FUND - REPLACEMENT RESERVE - 5Q1 Repairs on West Ramp 25.000.00 Total Municipal Airport Fund - Replacement Reserve 25,000,00 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 1973-74 Municipal Airport Fund Ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force on and after July 1, 1973" APPROVED A TTE'ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1973'. No 2o998) AN ORDINANCE making appropriations from the Civic Center Fund of the City of Roanoke for the fiscal year beginning July 1, 1973, and ending June 30, 1974; 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 forthl 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, 1973, and ending June 30, 1974; shall constitute a Civic Center Fund and that as much of the same as may be necessary be, and the same Administrative Expenses Operating Expenses Capital Outlay from Revenue 5% Pay Increase is hereby appropriated to the following uses and purposes, to-wit: CIVIC CENTER FUND - RECAPITULATION BY DEPARTMENTS $ 622,781.50 1,143,1001,00 26,390.00 Total Civic Center Fund - Recapitulation by Departments $1,792,271.50 CIVIC CENTER FUND - ADMINISTRATIV'E EXPENSES - 440 Personal Cervices Social Security Retirement Contribution Group Insurance Extra Help Overtime Terminal Leave Workmen's Compensation Medical Insurance Payments Utilities Fees for Professional and Special 'Services Communications Travel Expense Education Advertising Insurance Rentals Dues, Memberships and 'Subscriptions Maintenance of Buildings and Property Maintenance of Machinery and Equipment Printing and Office Supplies Postage Expense Clothing and Personal 'Supplies Medical and Housekeeping 'Supplies Operating Supplies and Materials Motor Fuel and Lubricants Supplies and Materials - Construction Refunds and Rebates 273,894~50 19,0251,00 27,4001,00 800.00 48,000,00 12,000,00 1,000.00 150,00 1,000.,00 118,000.00 600,00 5,500.00 2,100.00 350,00 15,000.00 25,000.0O 3,850,00 482.O0 11,000.00 19,800.00 6,6OO.O0 320.00 3,710.00 11,500.00 9,000,00 1,500.00 4,700.00 500,00 Total 'Civic Center Fund - Administrative Expenses 622,781.50 240 CIVIC CENTER FUND - OPERATING EXPENSE'S - 445 'Social 'Security Part Time Labor Contractual Services Communications Travel E×pense Advertising and Promotion Event Insurance Rental of Equipment Posta.qe Merchandise for Resale Operating Supplies and Materials Admissions Tax Settlement Payments to Presentors $ 4,200.00 62,000.00 120,000.,00 3,200.00 27,500.00 2,000,00 3,5001.00 2,000.00 42,000.00 6,000,00 60 ,ooo,oo 810.700.00 Total Civic Center Fund - Operating Expenses $1,143;100.00 CIVIC qENTER FUND - CAPITAL OUTLAY FROM REVENUE - 450 Capital Outlay from Revenue 26,390'00 Total Civic Center Fund - Capital Outlay from Revenue Total Civic Center Fund 26,390~00 1,792.271 50 (1) One (1) IBM Executive typewriter (2) Two triad side chairs to complete box office furnishings (to match existing furniture}~ (3) Additional Rubber matting for skate area and use at courtside on basketball events (4) 1 ~obile Sweeper (5) One (1) show card machine. Equal in all respects to the Model 9 Signmaster. 5" x 23~ with standard equipment, efficiency unit, type can be selected, order to include: extra rollers, drying rack, 24 tubes ink, 400 cards, 14 x 22 and 30~ cutter board (6) Kydex'Dasher Cover with mounting supplies. Installation to be made by Civic Center personnel (7) 500 sheets Homosote Board to cover ice for concerts, basketball, etc. (8) Lock cores with ,new channel to completely rekey Civic Center with system to be redeszgned. (9) 250 Bela metal chairs to'match 1972 purchase (lO) 10 Buffalo Dual Chair Dollies (]1) Assorted traffic signs for parking lot~' To be installed in cooperation with appropriate City departments (12) Four each low-pressure valves (6 inch - 8 inch - 10 inch) (]3) 'Spare dimmers to use as replacements while units are at plant for re- conditioning (]4) Power tools to include Electric Belt 'Sander, Band Saw and 'Stand, and 10~ Table Saw (15) McMartin amplifier with 2-NT-4 Loz transformers for intercom booster '(16) Six (6)~.ALTEC 195-A microphone bases with 29B mikes, windscreens and holders. (17) One (1) 'SAM-1-520-53 Boiler tube cleaning machine 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 thereo~ BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 1973-74 Civic Center Fund Ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in force on and after July 1, 1973. APPROVED ATTEST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1973. No. 20968. AN ORDINANCE to vacate the westerly portion of a drainage and public utility easement as shown on the Map of Section No. 2, Edgehill Estates, the center line of said easement being the northerly line of Block 5, as more particularly shown on the Map of Section No. 2, Edgehill Estates, which plat is recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Plat Book 3, page 265, and authorizing the acquisition of a certain perpetual drainage easement in land adjacent to the easement herein vacated in order to provide for the relocation of a portion of said first-mentioned easement. WHEREAS, application has been made to the Council of the City of Roanoke to have the above drainage and public utility easement vacated from a point on the easterly right of way line of U. S. Route No. 220, and from thence to a point on the westerly line of Block 6, according to the Map of Section No. 2, Edgehill Estates, said point being the northwesterly corner of Lot 3, Block 3, according to the Plat of Section No. 1, Edgehill Estates, and the owners of the land through which said easement lies have offered to grant to the City a perpetual drainage easement, 20 feet in width, through a portion of their property adjacent to the easement sought to be vacated for the purpose of relocation; and WHEREAS, said petition was filed at a regular meeting of this Council held on April 16, 1973, at which meeting said Petition was referred to the Planning Com- mission of the City of Roanoke for its recommendation, in accordance with the pro- visions of the 1950 Code of Virginia, as amended; and WHEREAS, said Planning Commission by a Report adopted at the meeting held on May 2, 1973, after hearing evidence touching on the merits of said Petition, recommended to this Council that said portion of the public utility easement request. ed be vacated and relocated; and WHEREAS, this Council did by a resolution on May 7, 1973, direct the Clerk of the City of Roanoke forthwith to set the same down for public hearing to be held on the 25th day of June, 1973, and 9ire notice thereof by publication in accordance with Section 15.1-431 of the Code of Virginia of 1950, as amended; and WHEREAS, the notice required to be published by Section 15.1-431 of the Code of Virginia of 1950, as amended, has been published for the time provided by said section;and WHEREAS, the hearing as provided for in said notice was held on the 25th day of June, 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 vacation and relocation of a part of said drainage and public utility easement; and WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described easement should be vacated and relocated, as herein provided. BE IT ORDAINED by the Council of the City of Roanoke that that portion of that certain 20 foot drainage and public utility easement, the center line of which is the northerly line of Block 5, as more particularly shown on the Map of Section No. 2, Edgehill Estates, which said plat is recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Plat Book 3, page 265, from a point on the easterly right of way line of U. S. Route No. 220, and from thence to a point on the westerly line of Block 6, according to the Map of Section No. 2, Edgehill Estates, said point being the northwesterly corner of Lot 3, Block 3, according to the Plat of Section No. 1, Edgehill Estates, be, and is hereby vacated, discontinued and abandoned insofar as the Council is empowered so to do. The force and effect of the recordation of the Plat of Section No. 2, Edgehill Estates, is hereby destroyed as to that portion of the public utility easement hereby vacated and the fee simple title to the vacated portion of the public utility easement is vested in the owners of the abutting lots free and clear of any rights of the public or other owners of lots shown on the plat, but subject to the rights of the owners of any public utility installations which have been previously erected therein; and BE IT FURTHER ORDAINED that the City doth hereby accept the offer of Billy H. Branch and Betty M. Branch, his wife, to grant and convey to the City a certain perpetual drainage easement, 20 feet in width, through property in the City of Roanoke, as more particularly shown on a plat prepared by Buford T. Lumsden 5 Associates, Certified Land Surveyors, dated March 27, 1973, entitled "Plat Showing Property of Billy H. Branch", for a nominal consideration of ONE DOLLAR ($1.00) cash, and that the proper City officials be, and they are hereby authorized and directed to accept for the City, the deed of easement in the premises, approved as to form by the City Attorney. BE IT FURTHER ORDAINED that an attested copy of this ordinance be placed of record in the current deed book of the Clerk's Office of the Hustings Court for the City of Roanoke at the cost of the Petitioner, together with a copy of the plat of said property, dated March 27, 1973, by Buford T. Lumsden 5 Associates, Certified Land Surveyors, indexing the same on the general index in the name of the City of Roanoke as Grantor and Billy H. Branch as Grantee; and BE IT FINALLY ORDAINED that the Clerk of the Hustings Court of the City of Roanoke is directed to comply with the provisions of Section 15.1-485 of the Code of Virginia of 1950, as amended, and write in plain, legible letters across that portion of the plat of Section No. 2, Edgehill Estates, affected, the word "VACATED" and also make a reference on the plat to the volume and page in which this ordinance is recorded. ATT E ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1973. No. 20969. 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. 116, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have the following described property situate in the City of Roanoke, Virginia, to-wit: BEGINNING at an iron stake on the northwesterly line of Stephenson Avenue, Southwest, at the southerly corner of the property conveyed to Elizabeth C. Shoaf by deed recorded in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia, in Deed Book 723, Page 498, said beginning point being 968.62 feet southwesterly from the southwesterly corner of Broadway and Stephenson Avenue; thence leaving the above described beginning point and with the northwesterly line of Stephenson Avenue S. 370 15' W. 73.77 feet to an iron stake at the easterly corner of the property conveyed tO P. A. Wallenborn, Jr., recorded in the aforesaid Clerk's Office in Deed Book 1125, Page 438; thence leaving Stephenson Avenue and with the lines'of the Wallenborn property N. 52° 45' W. 91.00 feet to a point in a branch; thence up a branch the following four (4) bearings and distances: N. 630 48' W. 26.00 feet, S. 690 33' W. 22.50 feet, N. 520 45' W. 10.00 feet and N. 190 50' W. 1.33 feet; thence with a new division line through the property of W. Price Fields and Estelle C. Fields N. 46° 56' E. 119.43 feet to a point on the line of the Shoal property; thence with the same, crossin9 the branch S. 42o 57' E. 121.33 feet to the point of BEGINNING as shown by Plat made by David Dick and Harry A. Wall, Civil Engi- neers and Land Surveyors, dated January 13, 1969. (Shown on the Roanoke City Tax Map as No. 1160138) rezoned from RS-3, Single-Family District to RD, Duplex Residential District; and WHEREAS, the City Planning Commission has recommended that the hereinaft described land be rezoned from RS-3, Single-Family District to RD, Duplex Residen- tial 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 June, 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. 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. 116 of the Sectional 1966 Zone Map, Cit of Roanoke, be amended in the following particular and no other, viz: Property located on Stephenson Avenue, Southwest, South of Broadway Stre described as a certain parcel of land containing 0.301 acre, situated in the 2600 block of Stephenson Avenue, S. W., designated on Sheet 116 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1160138, be, and is hereby, changed from RS-3, Single-Family District to RD, Duplex Residential, and that Sheet No. 11 of the aforesaid Map be changed in this respect. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1973. No. 20970. 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 135 Maddock Avenue, N. E., being Lots 53 and 54, Block C, Map of Williamso Groves, Official Tax Number 3080909, and the two vacant lots adjacent thereto, being Lots 51 and 52, Block G, Map of. Williamson Groves, Official Tax Number 3080908 rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 25th day of June, 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. 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, Cit of Roanoke, be amended in the following particular and no other, viz.: Property located on the south side of Maddock Avenue, N. E., described as Lots 53 and 54, Block C, Map of Williamson Groves, and Lots 51 and 52, Block C, Map of Williamson Groves, designated on Sheet 308 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 3080909 and 3080908, 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: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1973. No. 20971. 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. 412, 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 BEGINNING at a point 120 feet west of Belmont Boulevard on the north side of Jamison Avenue; thence north 130 feet to an alley; thence with said alley west 40 feet to a point on same; thence south 130 feet to Jamison Avenue; thence with Jamison Avenue east 40 feet to the place of the BEGINNING, and being Lot 17, Section 13, according to the Map of Belmont Land Company, Roanoke, Virginia, and being Official Tax Number 4120117. Parcel ~2 LOT 18, SECTION 13, according to the Map of Belmont Land Company, and being Roanoke City Official Tax Plat Number 4120118. rezoned from RG-2, General Residential District, to C-2, General Commercial District and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 25th day of June, 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 WHERE AS, 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 X¥, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 412 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on the northerly side of Jamison Avenue, S. E., City of Roanoke, ¥irginia, and described as Lot 17, Section 13, and Lot 18, Section 13, Map of Belmont Land Company designated on Sheet 412 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 4120117 and 4120118, be, and is hereby, changed from RG-2, General Residential District, to C-2, General Commercial Dis- trict, and that Sheet No. 412 of the aforesaid map be changed in this respect. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1973. No. 20972. 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. 411, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located on Stewart Avenue, S. E., and 13th Street, S. E., and Dale Avenue, S. E. and 13th Street, S. E., described as Lots 1, 2 and 13, and the west seven feet of Lot 14, Block 7, Map of Oakridge Land Company, and Official Tax Nos. 411-31-13, 411-13-01 and 411-31-02 rezoned from Duplex Residential District to General Commercial District; and WHEREAS, the City Planning Commission has recommended that the herein- after described land not be rezoned from Duplex Residential District, to 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 June, 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Titl XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet 411 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on Stewart Avenue, S. E., and 13th Street, S. E. and Dale Avenue, S. E. and 13th Street, S. E., described as Lots 1, 2 and 13, and the west seven feet of Lot 14, Block 7, Map of Oakridge Land Company, designated on Sheet 411 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 411-31-13, 411-31-01 and 411-31-02, be, and is hereby changed from Duplex Residenti District, to General Commercial Oistrict, and that Sheet No. 411 of the aforesaid map be changed in this respect. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1973. No. 20974. AN ORDINANCE permanently vacating, discontinuing and closing the Westerly portion of Louisiana Avenue (an unopened street) in the Northeast section of the City of Roanoke, being 50 feet wide, a distance on the north side of said street of 114.15 feet and the south side of said street 125 feet more or less and shown on Sheet 304 of the Appraisal Map of the City of Roanoke, Virginia, in the Roanoke Cit Engineer's Office. WHEREAS, James D. Apostolou, has heretofore filed his petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the above-described unopened street, 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 2nd day of April, 1973, to view the property and to report in writing whether in their opinion any inconvenience would result from per- manently vacating, discontinuing and closing said unopened street; and WHEREAS, it appears from the written report of the viewers filed with the iCity Clerk that no inconvenience would result to any individual or to the public fr ipermanently vacating, discontinuing and closing said unopened street; and m WHEREAS, Council at its meetin9 on April 2, 1973, referred the Petition to the City Plannin9 Commission, which Commission in its report before the Council on May 7, 1973, recommended that the request to close the said unopened street as hereinafter described be 9ranted; and WHEREAS, a public hearin9 was held on the questions before the Council at its meetin9 on the 25th day of June, 1973, at 7:30 P.M., after due and timely notice thereof published in the. Ro.anoke World News, at which hearin9 all parties in interest and citizens were afforded an opportunity to be heard on the question; and, WHEREAS, from all of the foregoing, the council considers that no incon- venience will result to an individual or to the public from permanently vacating, discontinuing and closing the unopened street as recommended by the Planning Com- mission, and that accordinqly said unopened street should be permanently closed. THEREFORE, BE IT ORDAINED, by the Council of the City of Roanoke that th unopened street described as follows: BEING the westerly portion of Louisiana Avenue (an unopened street) in the Northeast Section of the City of Roanoke, bein9 50 feet wide, a distance on the north side of said street of 114.15 feet and the south side of said street 125 feet more or less and shown on sheet 304 of the appraisal map of the City of Roanoke, Virqinia, in the Roanoke City Engineer's Office. be, and it hereby is, permanently vacated, discontinued and closed and that all riqht, title and interest of the City of Roanoke and of the public in and to the same be, and it hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, the City of Roanoke reserving unto itself however, a perpet' ual easement for sewer lines, drains, water lines and other public utilities which may now be located in and over the aforesaid unopened street. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently closed" on the unopened street above described on al maps and plats on file in his office on which the said unopened street, referring to the book and paqe 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 Cler of the Hustinqs Court for the City of Roanoke, ¥irginia, a certified copy of this Ordinance in order that the Clerk of said Court may make proper notation on all maps or plats recorded in his office upon which are shown the said unopened street as provided by law, and that if so requested by any party in interest, he may reco the same in the deed book in his office indexinq the same in the name of the City of Roanoke as grantor and in the name of any party in interest who may request it as grantee. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1973. No. 20975. AN ORDINANCE vacating, discontinuing and closing that unused portion of Montvale Road, S. W., at the intersection of Spring Road, S. W., which parcel is designated as Official Tax No. 1550311, located in the City of Roanoke, Virginia. WHEREAS, Jimmy L. Weddle and Mildred C. Weddle, husband and wife, and Daniel N. Monaco and Louella Monaco, husband and wife, have heretofore filed their petition before Council in accordance with §15.1-364 of the Code of Virginia of 1950 requesting 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 16th day of April, 1973, to view the property and repo in writing whether or not in their opinion any, and if any, what inconvenience woul result from permanently vacating, discontinuing and closiM said portion of said streets; and WHEREAS, it appears from the duly verified report of three of said viewer filed with the City Clerk on the 1st day of June, 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 3rd day of May, 1973, that the City Planning Commission recommen s the granting of the prayer of the petition, the City retaining all utilities; and WHEREAS, on the 25th day of June, 1973, a public hearing to consider the closing of said portion of said streets herein requested was held before City Coun- cil 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 aontvale Road, S. W., lying between Spring Road, S. W. and the corporate limits of the City of Roanoke, extending a distance of approximately 222 feet South of Spring Road, and being the parcel designated as Official Tax No. 1550311 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 Hustings 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 closin of said portion of said streets. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1973. No. 20999. AN ORDINANCE authorizing the purchase of supplies of liquid chlorine to the City's Water Department and to the Sewage Treatment Plant for the period begin ning July 2, 1973, and ending June 30, 1974, upon certain terms and provisions, by accepting a certain bid'made to the City; rejecting certain other bids; and providing for an emergency. WHEREAS, on June 22, 1973, and after due and proper advertisement had been made therefor, eleven (11) bids for furnishing to the City quantities of liquid chlorine hereinafter mentioned were opened in the office of the City's Pur- chasing 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 contract as herein- after provided; and the Council has determined that the bid hereinafter accepted is the best bid made to and meeting the requirements of the City for the supply of said liquid chlorine, and that funds sufficient to pay for the purchase price of said chlorine have been appropriated; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- lows: 1. That the bid of Suffolk Chemical Company, Inc., to furnish and suppl liquid chlorine to the City's Water Department at the unit price of $8.74 per one hundred pounds, the estimated quantity needed being 112,500 pounds, at a total price not to exceed the sum of $9,832.50, in accordance with the bidder's proposal and the City's specifications made therefor, f.o.b. Carvins Cove Filter Plant, Hollins, Virginia, for the period beginning July 2, 1973, and ending June 30, 1974 delivery to be made within three days as and when ordered by the City Purchasing Agent, with right reserved to purchase chlorine at the price of one ton cylinders, shall conversion be possible during the period, be and is hereby ACCEPTED; and 2. That the bid of Suffolk Chemical Company, Inc., to furnish and suppl liquid chlorine to the City's Sewage Treatment Plant at the unit price of $4.83 per one hundred pounds, the estimated quantity needed being 700,000 pounds, at a total price not to exceed the sum of $33,810.00, in accordance with the bidder's proposal and the City's specifications made therefor, f.o.b. Sewage Treatment Plan 1402 Underhill Avenue, S. E., Roanoke, Virginia, for the period beginning July 2, 1973, and ending June 30, 1974, delivery to be made within three days as and when ordered by the City Purchasing Agent, be and is hereby ACCEPTED; and 3. 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 th supplies of liquid chlorine mentioned in paragraphs 1 and 2 above, the same to be paid for upon acceptance by the City out of funds heretofore appropriated for the purpose. BE IT FURTHER ORDAINED that the other bids received by the City for the supply of liquid chlorine be, and said other bids are hereby REJECTED, the City Clerk to so notify said other bidders and to express to each the City's appreciatio for said bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1973. No. 21000. AN ORDINANCE authorizing the purchase of supplies of standard ground alun for the City's Water Department for the period beginning July 2, 1973, and ending June 30, 1974, upon certain terms and provisions, by accepting a certain bid made to the City; rejecting certain other bids; and providing for an emergency. WHEREAS, on June 22, 1973, and after due and proper advertisement had been made therefor, eight (8) 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 repor and recommendation to the Council through the City Manager; and ATTEST: WHEREAS, the City Manager, concurring in the committee's report, has transmitted the same to the Council, recommending award of the contract as herein- after 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 th, supply of said standard ground alum, and that funds sufficient to pay for the pur- chase 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 fol- lows: 1. That the bid of Allied Chemical Corporation to furnish and supply to the City's Water Department at the unit price of $80.10 per ton, the total estimat~ amount needed being 370,000 pounds, at a total price not to exceed the sum of $14,818.50, in accordance with the bidder's proposal and the City's specifications made therefor, for the period beginning July 2, 1973, and ending June 30, 1974, 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 th supplies of standard ground alum mentioned in paragraph 1 above, the same to be paid for upon acceptance by the City out of funds heretofore appropriated for the purpose. BE IT FURTHER ORDAINED that the other bids received by the City for the supply of standard ground alum be, and said other bids are hereby REJECTED, the City Clerk to so notify said other bidders and to express to each the City's appre. ciation for said bids. 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 2nd day of July, 1973. No. 21001. A RESOLUTION reaffirminq the City's established policy and order with respect to telephone and tele§raph wires and wires and cables carryinq electricity now or hereafter to be installed in the public streets, avenues, alleys, ways and public places in the Kimball Urban Renewal Area of the City, as contained in Ordi- nance No. 20385 of the Council, adopted July 24, 1972; and recoqnizinq that the question of payment of the difference in cost of installin9 underqround rather than overhead utilities in said area is unsettled and remains to be resolved. WHEREAS, it has been ordered and required by the City of Roanoke, by Or- dinance No. 20385, adopted by the Council of said City on July 24, 1972, that all telephone and teleqraph wires and all wires and cables carryin9 electricity, now or hereafter installed in the public streets, avenues, alleys, ways and public plac in the Kimball Urban Renewal area of the City, now under§oin9 redevelopment, be placed by the public service corporations ownin9 and operatin9 the same in conduits underqround unless expressly authorized by said Council; and WHEREAS, the utility corporations, namely Appalachian Power Company and The Chesapeake and Potomac Telephone Company of VirqinJa, have indicated to the Cit their willin§ness to proceed promptly to make the installations envisioned in City Ordinance No. 20385 but have indicated throuqhout discussions in this matter that they expect to be reimbursed in an amount which represents the difference by which the cost of the underqround installation exceeds the cost of installin9 the same service with the same capacity in an overhead system, both utilities havin9 main- tained throuqhout that the substantial increase in cost of the underqround installa tion cannot be borne by the utilities without resultin9 in either discrimination aqainst the utilities' other rate payers or of confiscation of the utilities' property; and WHEREAS, the City reco§nizes that the le§al question of liability for the difference in cost of the underqround and overhead installations appears never to h been decided by a Virqinia court of last resort; and WHEREAS, the public utilities here involved, have indicated a willingness to proceed with the construction directed in the Kimball Urban Renewal Project in order that the ultimate utilization of the project not be delayed, providin9 that such commencement of construction not be construed as a waiver of either utility to make claim for and, if so advised, to brinq suit for the difference in cost between the overhead and the underqround installations when the same have been completed. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said body, bein9 advised of the willingness of Appalachian Power Company and The Chesapeake and Potomac Telephone Company of Virqinia to proceed with installation of underground electric and telephone facilities in the Kimball Urban Renewal Proje ve area of the City, recognizes that the issue of ultimate financial responsibility for the difference in cost between installation of underground electrical and tele. phone facilities has not been conceded by Appalachian Power Company nor by The Chesapeake and Potomac Telephone Company of Virginia, respective owners of the aforesaid facilities, and that the question may be determined following completion of such installation, by legal proceedings, if necessary; and that said Council recognizes that the aforesaid companies have not waived any right nor shall they be estopped by proceeding with construction of said facilities to recover such difference in cost, once the project has been completed. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy hereof to each abovenamed company and to the City of Roanoke Redevelopment and Housing Authority. ATTEST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1973. No. 21002. AN ORDINANCE authorizing the issuance of Change Order No. 1 to the City' contract with John A. Hall g Company, Inc., authorized by Ordinance No. 20403, for the 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 June 25, 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 relayi underground electrical service lines in two (2) locations, including installing conduits encased in concrete with new No. 2 wiring installed therein at Roanoke Municipal Airport, advising that plans for the same have been prepared and that th, City's contractor has agreed upon the value of all such alterations and modifica- tions 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, concur in said proposal, and has appropriated or is appropriating simultaneously herewith a sum sufficient to defray the additional costs incurred by the change order hereil authorized by the Council; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on behalf of the City, Change Order No. 1 to the City's contract dated August 2, 1972 with John A. Hall ~ Company, Inc., for certain alterations and additions to the reconstructed loop roadway at Roanoke Municipal Airport, said change order to pro- vide for the following: Relaying underground electrical service lines in two (2) locations, including installing conduits encased in concrete with new No. 2 wiring instal- led therein at Roanoke Municipal Airport. Original Contract Price - Relaying No. 2 wiring underground - add New Total Contract Price - $ 149,696.95 $5,000.00 $ 154,696.95 ATTEST: Extension of time for completion- None. 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 2nd day of July, 1973. No. 21003. A RESOLUTION directin9 the City Attorney to mark waived and released a certain demolition lien docketed against real property known as 707 Gilmer Avenue, N. W., Official Tax No. 2111111, in the City of Roanoke. WHEREAS, there has heretofore been docketed in the Clerk's Office of the Hustings Court of the City of Roanoke a demolition lien in favor of the City again certain real property known as 707 Gilmer Avenue, N. W., Official Tax No. 2111111, belonging to one Frank G. Roupas; and WHEREAS, Mr. Roupas has requested City Council to waive and release said lien in which request Council concurs. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that the City Attorney be and is hereby directed to mark "waived and released" on the margin of the appropriate judgment lien docket in the Clerk's Office of the Hustin Court of the City of Roanoke that certain demolition lien in favor of the City against real property known as 707 Gilmer Avenue, N. W., Official Tax No. 2111111 in the City of Roanoke and being owned by Frank G. Roupas. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1973. No. 21004. A RESOLUTION relating to expansion of the facilities of the City's Juve- nile Detention Home at Coyner Springs. WHEREAS, the Council's Juvenile Detention Committee, in report dated June 21, 1973, has advised the Council that the orderly and economic development of adequate detention facilities for juvenile offenders makes necessary that the City's present Juvenile Detention Home located at Coyner Springs be enlarged and expanded so as to serve the needs of those localities comprising the Fifth Plannin District, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that thi Council doth hereby express its willingness and intent to expand the present facil ities at the Juvenile Detention Home at Coyner Springs so as to provide adequate facilities for the rehabilitation of juvenile offenders for the joint use of the several communities and localities comprising the Fifth Planning District. BE IT FURTHER RESOLVED that the City Clerk' do transmit copies of this resolution to the governing body of each community within the Fifth Planning Dis- trict and to the Fifth Planning District Commission. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1973. No. 21005. AN ORDINANCE to amend and reordain Section ~550, "Airport Capital Improv, ment Program," 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 Sec- tion ~t550, "Airport Capital Improvement Program," of the 1973-74 Municipal Airport Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT CAPITAL IMPROVEMENT PROGRAM ~550 Terminal Building Expansion (1) ................ $250,163.00 (1) Net increase $163.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1973. No. 21006. AN ORDINANCE to amend and reordain Section =500, "Water Fund - Appropria- tions for Capital Outlay- Replacement Reserve," of the 1973-74 Water Fund Appropr~ tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =500, "Water Fund- Appropriations for Capital Outlay- Replacement Reserve," of the 1973-74 Water Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER FUND - APPROPRIATIONS FOR CAPITAL OUTLAY - REPLACEMENT RESERVE ~500 Replacement Reserve (1) ................... $420,213.00 (1) Net increase $250,163.00 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 9th day of July, 1973. No. 21007. AN ORDINANCE to amend and reordain certain sections of the 1973-74 Appro- priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of R~ noke that cer- tain 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 Personal Services (1) ................... $104,163.00 PUBLIC ASSISTANCE =37 Personal Services (2) ................... 951,528.50 DIRECTOR OF SAFETY AND SECURITY =44 Personal Services (3) ................... 19,470.00 PUBLIC WORKS ~56 Personal Services (4) ................... 44,646.00 DIRECTOR OF CIVIC ENRICHMENT =73 Personal Services (5) ................... (1) Net increase ........ (2) Net increase (3) Net increase (4) Net increase ..... (5) Net increase- $20,448.00 1,774.00 19,470.00 2,346.00 -- 19,470.00 19,470.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1973. No. 21008. AN ORDINANCE to amend and reordain Section =320, "Water - General Expense of the 1973-74 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of thc City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~320, "Water - General Expense," of the 1973-74 Water Fund Appropriation Ordi- nance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER - GENERAL EXPENSE ~320 Personal Services (1) .................... $225,957.00 (1) Net increase $840.00 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 9th day of July, 1973. No. 21009. AN ORDINANCE to amend and reordain Section ~10, "City Auditor," of the 1973-74 Appropriation Ordinance, and providi nO for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of th City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion ~lO,"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) .................... $235,413.50 (1) Net increase $658.00 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 9th day of July, 1973. No. 21010. A RESOLUTION relating to the City's acquisition of certain additional lands wanted and needed by the City f-or the 'purpose of enlarging the facilities at the City's Sewage Treatment Plant. WHEREAS, it is recommended and urged to the Council that the City, being required to enlarge and upgrade its public sewage treatment facilities and having been allocated funds therefor by the State and Federal governments, needs and shoul acquire the additional lands hereinafter described for the purpose of present and future construction and occupation of adequate facilities for waste treatment pur- poses; in all of which the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fol- lows: 1. That the City of Roanoke needs, wants and should acquire for its purposes in the proper treatment of sewage and 'other wastes at its sewage treatmen plant on the south side of Roanoke River, in the City and in Roanoke County, the following described additional properties, namely: (a) All of the lots contained in Blocks 5 and 6, according to the Map of Eastover Place, in the southeast section of the City of Roanoke. (b) All that certain 0.92 acre parcel of land situate in Roanoke County, Va., owned by D. R. Allen ~ Son, Inc., and bounded by lands of the City of Roanoke's Sewage Treatment Plant property and by other land owned at one time by W. R. Harris. (c) All that cert-a-in 0.7 ac.re parcel of land, situate in Roanoke County, Va., bounded on the south and the east by Underhill Avenue, S. E., (extended into Roanoke County), on the west by the east corporate limits of the City, and on the north by land of the City of Roanoke acquired from Clifton C. Jones. BE IT FURTHER RESOLVED that the City Manager be and he is hereby autho- rized and directed to negotiate with each and every owner of the several lots or parcels of land hereinabove described in an effort to acquire the same, in fee sim. pie, for the City, offering to obtain for the City valid purchase options or pro- posed 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 aqreements, contracts of sale and other leqal docu- ments, papers and services necessary in the premises; all of which to be reported back to the Council for subsequent approval and confirmation as to the terms of all such acquisitions. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1973. No. 21011. AN ORDINANCE directing and providing for the acquisition of certain par- cels of ~nd in fee simple, wanted and needed by the City for the enlargement of fa- cilities at the City's Sewage Treatment Plant; providing for the City's acquisition of said lands by condemnation, under certain circumstances; directing that motion be made for the award of a right of entry on said properties for the purpose of commencing its work of improvement; and providing for an emergency. WHEREAS, in order to provide for the current enlargement of facilities of the City's Sewage Treatment Plant, the parcels of land hereinafter described, which are set out and shown in detail on the plans of the aforesaid project, are wanted and needed by the City for the purposes of the project, said properties bein needed to be acquired in fee simple for the proper construction of said project; an WHEREAS, the City heretofore caused appraisals to be made of the fair market value of said properties on the basis of which the valuations hereinafter se out with respect to said properties were considered by the Council to be fair and reasonable, and funds sufficient for the payment of the respective purchase prices were appropriated by the Council for the purpose and, thereafter, offers were ex- tended by the City Manager, on behalf of the City, to the respective property owner in an effort to acquire said properties by purchase, the City recognizing that, in certain instances, additional moving expenses and relocation payments, so far unde- termimed, would need be paid by the City to said property owners; and WHEREAS, all said property owners have declined and refused to accept the City's respective offers of purchase prices and the City and said parties have been unable to ascertain or agree upon the amount of moving expenses or relocation pay- ments to which, in some instances, certain of said owners will be entitled; and the City's efforts to acquire said properties have, in all such instances, been ineffec- tual; and WHEREAS, the immediate expansion and improvement of the City's public sewage treatment plant having been ordered by authority of the Commonwealth and co struction of new facilities so ordered having been partly funded by the Environmen tal Protection Agency and said Commonwealth, the Council deems it essential to the public interest that an emergency exists, demanding that immediate acquisition of all such properties be approved and ordered. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke wants and needs to immediately acquire, for the purpose of the enlargement of facilities at the City's Sewage Treatment Plant, the fee simple unencumbered title to the following parcels of land situate in the City of Roanoke viz.: (A) Lots 1, 2, 3, 17, 18, 19, 20, 21 and 22, Block 4, Map of Eastover Place, bearing Official Nos. 4330601, 4330602, 4330603, 4330617, 4330618, 4330619, 4330620, 4330621 and 4330022, according to the Tax Appraisal Map of said Cit y, owned by Clyde M. Welch, Sr., and Annie May Welch, for the sum of $26,750.00, cash; (B) Lots 6, 7, 8, 9, 11, 23, 24, 25, 26 and 27, Block 4, Map of Eastover Place, bearing Official Nos. 4330600, 4330607, 4330608, 4330609, 4330611, 4330623, 4330624, 4330625, 4330626 and 4330627, according to the Tax Appraisal Map of said City, owned by Hugh L. Gearheart and Elizabeth S. Gearheart, for the sum of $26,900.00, cash; (C) Lot 4, Block 4, Map of Eastover Place, bearing Official No. 4330604, according to the Tax Appraisal Map of said City, owned by Betty V. Stanley, for the sum of $6,300.00, cash; (D) Lot 5, Block 4, Map of Eastover Place, bearing Official No. 4330605, according to the Tax Appraisal Map of said City, owned by Dolly Coffey, for the sum of $6,100.00, cash; and (E) Lots 15 and 16, Block 4, Map of Eastover. Place, bearing Official Nos. 4330615 and 4330616, according to the Tax Appraisal Map of said City, owned by Viola E. Anderson, for the sum of $12,000.00, cash; the City to pay, in addition to the aforesaid considerations, or purchase prices, to each property owner entitled thereto, such moving expenses and/or relocation costs as said owners may be shown entitled thereto. BE IT FURTHER ORDAINED that, the City'.s efforts to acquire the aforesaid properties by purchase having been ineffectual and the City wanting and needing th immediate right to acquire and use said properties for the public purpose above- mentioned, 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 the lands hereinabove set out and described and as the City has been unable to acquire by purchase and that, in instituting or conduct- ing any condemnation proceeding herein authorized to be brought .on behalf of the City, the City Attorney is authorized and directed to make motion on behalf of the City 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 a right of entry for the purpose of commencing its public works or improvements on said project; and the City Audi- tor, 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 proceed- ings may be pendin9 the respective sums hereinabove authorized to be paid by the City for the respective parcels of land sought to be acquired in such condemnation proceedings. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTE ST: Deputy City Clerk APPROVED ~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1973. No. 21012. 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, 1973, and ending June 30, 1974, 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 26, 1973, and after due and proper advertisement had been made therefor, four (4) bids for furnishing and supplying to the City certain ductile iron water pipe necessary for the normal daily operation of the City's Wate~ Department, for the period beginning July 2, 1973, and ending June 30, 1974, 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 commit- tee 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 tran mitred 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- lows: 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 and for not more tha the estimated total sum of $44,504.00, said pipe to be delivered f.o.b, rail sidin 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; 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 Purchas- ing Agent, with the approval of the City Manager, issue, from time to time, pur- chase 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 three 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 9th day of July, 1973. No. 21013. A RESOLUTION relating to the construction of a public elementary school in Fallon Park. WHEREAS, by Resolution No. 20780, heretofore adopted on March 26, 1973, t'he Council expressed its concurrence in the conclusion of the School Board of the of Roanoke that the public interest of the citizens of the City would be best served by the construction of a public elementary school to serve the citizens of southeast Roanoke upon approximately three and one-half acres of land in the wester ly portion of Fallon Park, the Council determining that, prior to granti,ng formal authorization to said School Board to proceed with the construction of such school, approval of a Court of law be sought to be obtained therefor; and WHEREAS, following institution on behalf of the City of appropriate pro- ceedings in the Court of Law and Chancery of the City of Roanoke, the City Attorney has advised the Council of the entry of a decree, on June 29, 1973, by which the fee simple, unencumbered title to that certain three and one-half acre parcel of land situate in the westerly portion of Fallon Park was quieted in the City for the purpose of permitting the construction thereon of said public elementary school. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that thisl* Council doth hereby express its formal consent and authorization to the School Boar¢ of the City of Roanoke to construct a public elementary school to serve approxi- mately one thousand pupils upon that certain parcel of land located in the westerly portion of Fallon Park, containinq approximately three and one-half acres, situate immediately adjacent to 19th Street, S. E., opposite the easterly terminus of Taze- well Avenue, S. E. BE IT FURTHER RESOLVED that the City Clerk do transmit attested copies of this resolution to the Chairman of said School Board, and to the Superintendent of '. Schools. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1973. No. 21014. 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 Appropriatio~ Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVE~NTS FUND =89 Cable Antenna Television Study, Phase II - 73-115 .................. $8,700.00. 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 9th day of July, 1973. No. 21015. AN ORDINANCE amending and reordaining Sec. 2. Powers and duties, general of Chapter 5. The City Manager, of Title II. Administration, of the Code of the City of Roanoke, 1956, as amended, authorizing the City Manager to make transfers of funds not exceeding $1000.00 within the several departments and divisions set forth in the annual appropriation ordinance; and providing for an emergency. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 2. Powers and duties, generally, of Chapter 5. The City Manaaer, of Title II. Administration, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained by the addition of a new subsection, num- bered (j), to read a~ provide as follows: (j) To make or cause to be made transfers of funds, not exceeding $1000.00, within or between the several departments and divi- sions set forth in the annual appropriation ordinance. 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 9th day of July, 1973. No. 21016. A RESOLUTION defining an area beyond the corporate limits of the Town of Vinton within which the Town of Vinton may resell surplus water purchased from the City pursuant to the service authorized by Rule 39 of the Rules and Regulations for the operation of the City's Water Department. BE IT RESOLVED by the Council of the City of Roanoke that, pursuant to the application of the Town of Vinton contained in Resolution No. 528 of the Council of said Town, and as recommended by the City Manager, consent is hereby given the Town of Vinton to resell, within the area of Roanoke County outside the corporate limits of said Town bounded on the west by Wolf Creek, on the south by Roanoke River, on the east by the Blue'Ridge Parkway am on the north by State Route No. 634, sur- plus water purchased from the City pursuant to the service to said Town authorized by Rule 39 of the Rules and Regulations for the operation of the City's Water Depart- ment; provided, however, that all such sale of water by said Town of Vinton shall be in conformity with the provisions contained in Rule 39, aforesaid, and that the consent herein contained shall not be deemed to constitute any contractual or other, obligation upon the City of Roanoke enforceable by the purchasers of such surplus water from said Town of Vinton. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy of ~ this resolution to the Mayor of the Town of Vinton. A T TE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1973. No. 21017. A RESOLUTION approving, generally, the report and certain recommendation made to the Council by Central Roanoke Development Foundation on the financing, construction and operation of an off-street parking facility in the City; and im- plementing certain of the aforesaid recommendations. WHEREAS, the Central Roanoke Development Foundation has made written report to the Council under date of July 2, 1973, respecting the best method of financing and constructing a new public motor vehicle parking facility to be pro- vided in the downtown section of the City and'dealing, also, with proposals for the operation of said facility following its construction; and WHEREAS, the Council, considering the aforesaid report and the recommen- dations of said Foundation, generally concurs therewith and considers it necessary and advisable to implement certain of the recommendations for action contained in said report. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fol- lows: 1. That the City's need and intent to provide a new public off-street motor vehicle parking 9arage or facility on a site comprisin9 properties on the north side of Church Avenue, S. W., between 1st Street, S. W., and the alleyway parallel to and east of 2nd Street, S. W., with a parking capacity of 800 to 850 motor vehicles, is hereby affirmed, ratified and ordered. 2. That, in order to provide funds necessary for the acquisition of said site, for construction of said facility and provision of equipment therefor and for payment of all other costs and expenses incident to the provision of said new facility, the City Attorney is directed to prepare and present to the Council appropriate measures to authorize and provide for the City's sale and issuance under provisions of the Public Finance Act not to exceed $5,000,000.00 of general obligation bonds of the City of Roanoke, to be authorized, sold and issued by the City pursuant to the provisions of said Public Finance Act. 3. That, appraisals of the fair market value of each of the several properties included in said site having been established by disinterested apprai- sals made for the City, the City Manager is authorized and directed to neqotiate with each and all of the several property owners and seek to acquire for the City, by adequate contracts of sale or purchase option agreements, a right to purchase and acquire each of the properties within the boundary of the aforesaid project, the respective purchase price for each said property to be that established as its fair market value by appraisal heretofore made for the City; the City Manager to report back to the Council the result of all such negotiations. ATTEST: 4. That the City Manager proceed to arrange for the employment of archi- tectural services for the preparation of preliminary and working plans, drawings and specifications for said facility and arrange for necessary test borings and topographic survey and for advertisement of bids and preparation of construction contract documents, reporting to the Council, as aforesaid, his recommendation of all such proposed arrangements and obtaining concurrence of the Council therefor. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1973. No. 21018. AN ORDINANCE to amend and reordain Section ~96000, "Public Schools - Stu- dent Job Placement Service," 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 ~96000, "Public Schools - Student Job Placement Service," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC SCHOOLS- STUDENT JOB PLACEMENT SERVICE ~96000 Personal Services .................. $19,110.00 Supplies ........................... Travel ............................. Operations ......................... Fixed Charges ...................... Furniture ~ Equipment .............. 1,190.00 600.00 216.00 2,870.00 2,400.00 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 16th day of July, 1973. No. 21019. AN ORDINANCE to amend and reordain Section ~97000, "Public Schools - Vo- cational Education for the Handicapped Program," of the 1973-74 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the as ual daily operation of the Municipal Government of tht ! City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~97000, "Public Schools - Vocational Education for the Handicapped Program of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC SCHOOLS - VOCATIONAL EDUCATION FOR THE HANDICAPPED PROGRAM ~97000 Personal Services ................. $38,862.00 Travel ........................ . .... 400.00 Equipment ......................... 6,506.33 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 16th day of July, 1973. No. 21020. AN ORDINANCE to amend and reordain Section ~540, "R.A.D.A.C.C.," 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 ~540, "R.A.D.A.C.C.," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: R.A.D.A.C.C. ~540 Personal Services (1) ..................... $33,273.00 Utilities (2) ............................. Fees for Professional and Special Services (3) ..................... Communications (4) ........................ Travel Expense ............................ Insurance ................................. Rent (5) .................................. Dues, Member ships and Subscriptions (6) ... Printin9 and Office Supplies (7) .......... 720.00 2,650.00 910.00 2,500.00 1,200.00 2,840.00 350.00 4,025.00 (1) Includes $3,668 for fringe benefits Includes $335 local cash match Includes $50 local cash match (2) Sunrise 1 (3) Includes $300 for audit (4) Sunrise I $300 Sunrise II $610 (5) Sunrise I $1,440 Sunrise II $1,400 (6) Administration- Sunrise I $250 Sunrise II $100 (7) Office Supplies $350 Postage (Administration- Sunrise I) $1,300 Postage (Sunrise II) $125 Duplicating $2,100 Conference Registrations $150 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 16th day of July, 1973. No. 21021. A RESOLUTION concurring in the City Manager's prohibition of south-bound motor vehicle traffic, on Maple Avenue, S. W., between Woods Avenue and Walnut Ave- nue, S. W. WHEREAS, the City Manager has reported to the Council that, as a result of engineering and traffic surveys, it appears necessary to prohibit south-bound motor vehicle traffic on that portion of Maple Avenue, S. W., lying between Woods Avenue and Walnut Avenue, S. W., and that, pursuant to section 14(d) (1), Chapter 1, Title 18 of the Code of the City of Roanoke, 1956, as amended, said City Manager! will make, promulgate and enforce rules and regulations, effective July 17, 1973, prohibiting other than north-bound motor vehicle traffic on said portion of Maple Avenue, S. W. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby approve and concur in the City Manager's prohibition, effective July 17, 1973, of other than north-bound motor vehicle traffic on that portion of Maple Avenue, S. W., lying between Woods Avenue and Walnut Avenue, S. W., the City Manager to cause appropriate and adequate signs, markers or other devices indicatin said rule and regulation to be erected on said street in accordance with section 15 Chapter 1, Title 18 of said code. ATTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1973. No. 21022. A RESOLUTION concurring in recommendations made by a committee of the Council and authorizing, upon similar authorization to be given by certain other political subdivisions, additional services to be performed by consultants studyin the feasibility of an area type cable antenna television system. BE IT RESOLVED by the Council of the City of Roanoke that said body con- curs in the report and recommendations made by its committee and a regional commit. tee dated July 9, 1973, studying the feasibility of a regional cable antenna tele- vision system for the Roanoke Valley area and does hereby authorize, upon similar approval being given by the Board of Supervisors of Roanoke County and the Council of the Town of Vinton, that the City Manager, by written notice given to Atlantic Research Corporation and Foster Associates, Inc., authorize and direct, on behalf of said three public bodies, that said consultants commence upon the Phase II, A, 1 through 5, inclusive, services as the same are defined and set out in the writte agreement dated February 5, 1973, between said public bodies and said consultants. BE IT FURTHER RESOLVED that a copy of. this resolution be transmitted by the City Clerk to the Clerk of the Board of Supervisors of Roanoke County and to the Clerk of the Town of Vinton. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1973. No. 21023. A RESOLUTION ratifying and adopting the City's project application made to the United States of America, through the State Water Control Board, for a grant of funds under the Federal Water Pollution Control Act and from the Common- wealth of Virginia; accepting a certain grant offer in the amount of $11,471,250.0. made to the City by the United States of America under date of July 3, 1973, for Project No. C-510442 for construction of the addition of 14.0 mgd secondary treat- ment facilities at the existing 21 mgd sewage treatment plant and the addition of 35.0 mgd A.W.T. facilities, this constituting the second and final split of Pro- ject C-510370, the eligible project including allowable associated costs as define in 40CFR 35.940-1 up to the amounts shown in Part II of the Grant Agreement; authorizin9 the City Manager or the Assistant City Mana§er to execute the City's acceptance of the aforesaid grant offer as evidence of the City's acceptance there- of, and to enter into a Grant Aqreement on behalf of the City with the United States of America in the premises. WHEREAS, pursuant to an application heretofore made to the United States of America on behalf of the City as provided in Resolution No. 20719 of the Council, for a grant of funds under the Federal Water Pollution Control Act, as amended, the United States of America has made to the City of Roanoke, under date of July 3, 1973, an offer to provide funds not exceeding $11,471,250.00 to assist in defrayin9 the cost of the construction of the addition of 14.0 mgd secondary treatment facil-i ities' at the City's existing 21 mgd sewage treatment plant and the addition of 35.01 mgd advanced waste treatment facilities, the same constituting the second and final~ split of Project C-510370 and including certain allowable associated costs referred. to therein, said offer being made on EPA Form 5700-20 (10-72) of the U. S. Environ- mental Protection Agency, and said project being referred to therein as Project No. C-510442; and WHEREAS, local funds sufficient to pay the City's cost of the improvementls to be accomplished under Project C-510442, aforesaid, have been appropriated by the Council and are available for that purpose; and the Council deems it proper that the City of Roanoke accept the offer of $11,471,250.00 of Federal funds as made and contained in PART III of the offer dated July 3, 1973, made to said City on behalf of the United States of America by the Environmental Protection Agency and upon the terms therein set out and subject to the special provisions contained in PART IH of said offer and acceptance, and to make and commit said City to the assurances set out in said 9rant offer documents. THEREFORE, BE IT RESOLHED by the Council of the City of Roanoke as fol- lows: 1. That said City doth ratify and adopt the applications heretofore made on behalf of the City to the United States of America, through the State Water Con- trol Board, for the grant of certain Federal aid to assist in defraying the expense of the construction of a 14 mgd expansion of secondary waste treatment facilities at the City's existing 21 mgd sewage treatment plant and of construction of advance waste treatment facilities for a 35 mgd flow at said treatment plant. 2. That said City doth hereby accept the offer made to the City by the United States of America under date of July 3, 1973, on EPA Form 5700-20 (10-72) of a Federal grant of $11,471,250.00, to assist the City in defrayin9 the cost of the construction of the addition of 14.0 mgd secondary treatment facilities at the existin9 21 mgd sewage treatment plant and the addition of 35.~0 mgd A.W.T. facili- ties, this constitutin9 the second and final split of Project C-510370, the eligibl project includin9 allowable associated costs as defined in 40CFR 35.940-1 up to the amounts shown in Part II of the Grant Agreement, as Project No. C-510442, upon all of the terms, provisions and conditions therein set out, a copy of the aforesaid offer in which is contained the terms, provisions and conditions above referred to and the written assurances to be made by the City to the Government in connection with the offer and acceptance of the Federal grant therein referred to being on file in the Office of the City Clerk and being expressly incorporated herein by reference. BE IT FURTHER RESOLVED that Byron E. Haner, City Manager, or in his absence, Sam H. McGhee, III, Assistant City Manager, be, and each of them is hereb authorized and directed to execute, for and on behalf of the City, the written acceptance of the City set out in PART III - Offer and Acceptance on Page 2 of the aforesaid grant offer and acceptance document and, further, to execute, as the City's representative, the enumerated "Special Provisions" set out on attached sheets as PART IV of the grant documents and made a part of said offer and accept- ance and referred to therein on page 2 of said Form, including all assurances therein, contained. BE IT FURTHER RESOLVED that upon execution of the City's acceptance of said offer and of the conditions and assurances incorporated, therein, the origina'l and one copy of the aforesaid document be forthwith forwarded by the City Manager to the Director, Office of Grants Coordination, U. S. Environmental Protection Agency, Region III, 6th and Walnut.Streets, Philadelphia, Pennsylvania, 19106, together with attested copies of this resolution. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1973. No. 21025. AN ORDINANCE approving the purchase of certain parcels of land situate in the City of Roanoke, Virginia, adjacent to the existing City of Roanoke Sewage Treatment Plant, and needed for said plant's expansion, upon certain terms and provisions; providing for execution by the City Manager of a written purchase agreement; providing for payment of the purchase price thereof upon delivery to the City of a deed and for recordation of such deed; and providing for an emergen- cy. WHEREAS, the Council, in order to expand the City's Sewage Treatment Plant, deems it necessary to purchase the hereinafter described land for enlarge- ment of the City of Roanoke Sewage Treatment Plant, and funds sufficient for the payment of the purchase price have heretofore been or are contemporaneously here- with 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 hereby is authorized to enter into an agreement to purchase those certain parcels of land situate in the City of Roanoke, Virginia, being des- cribed as Lots 1, 2, 3, 17, 18, 19, 20, 21 and 22, Block 4, Map of Eastover Place, bearing Official Nos. 4330601, 4330602, 4330603, 4330617, 4330618, 4330619, 4330620, 4330621 and 4330622, according to the Tax Appraisal Map of the City of Roanoke, for the consideration of $32,500.00, from Clyde M. Welch, Sr., and Annie May Welch, each in their own right and as husband and wife, upon the terms, conditions and provisions contained in an agreement to purchase said real estate heretofore pre- pared and approved by the City Attorney. BE IT FURTHER ORDAINED that, upon certification by the City Attorney of good title to said land and upon delivery to the City of a 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 to Clyde M. Welch, Sro, and Annie May Welch, in the total sum of $32,500.00, in payment of the 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 16th day of July, 1973. No. 21026. A RESOLUTION directing advertisement for bids for award of a franchise t use the streets, alleys and other public ways of the City of Roanoke for a gas dis. tribution system, 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 havin9 general circulation in the City of Roanoke, the proposed ordinance hereinafter set out entitled "AN ORDINANCE granting to the right, for a term of twenty (20) years and upon the conditions herein stated, to use the public streets, alleys, bridges and other pub- lic ways of the City to construct, operate and maintain and extend, a gas distribu tion system and to construct, install and maintain underground gas lines, pipes , meters and all other additional appliances and appurtenances necessary and inci- dental to the usual operation and maintenance of a gas works and gas distribution system in and alon9 said public streets, alleys, bridges and other public ways in the City of Roanoke, Virginia; establishing conditions 'controlling the exercise of said franchise and the sale and distribution of gas services; and regulating the manner of using said streets, alleys, bridges 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 regular meeting thereof to be held in the Council Chambers in the Municipal Building on the 20th day of August, 1973, at 2:00 o'clock, p.m., the right to reject any and all bids 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 a term of twenty (20) years and upon the conditions herein stated, to use the public streets, alleys, bridges and other public ways of the City to construct, operate and maintain and extend, a gas distribution system and to construct, in- stall and maintain underground gas lines, pipes, meters and all other additional appliances and appurtenances necessary and incidental to the usual operation and maintenance of a gas works and gas distribution system in and along said public streets, alleys, bridges and other public ways in the City of Roanoke, Virginia; establishing conditions controlling the exercise of said franchise and the sale an. distribution of gas services; and regulating the manner of using said streets, alleys, bridges 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 where used: a. b. C. "City" or'~he city" means the City of Roanoke, Virginia. "Grantee" or "the grantee" mea~s · "Street" or "the streets" means the streets, alleys, avenues, high- ways, bridges and/or other public ways owned by or subject to the control of the City of Roanoke, in said City and, in addition, such locations in public parks and public places in the city as are on September 1, 1973, occupied by gas distributio! pipes or lines or related gas facilities. d. "In the streets" shall be construed and understood to include "under along or over the streets", when the physical situation so applies. n e. "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 author- ity over the maintenance of public streets and public property in the city, regard- less of the title then assigned such person. 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 twenty (20) years commenc- ing as of the 1st day of September, 1973, and terminating at midnight on the 30th day of August, 1993, the right to use the streets of the city to operate and maintain a gas works and distribution system within the limits of the city and, for these purposes, to construct, erect, maintain and use, and if now constructed, to continue to maintain and use and operate its gas distribution lines, pipes and all other ~ additional appliances and appurtenances necessary and incidental to the usual opera~ tion and maintenance of a 9as works and gas distribution system, including necessary manholes, in, under, across, over and along the public streets within the corporate limits of the city, as said corporate limits now exist or may hereafter be extended or altered. 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. Service Standards. The grantee agrees to provide and maintain, at all times, its entire plant, system and equipment in safe, adequate and efficient condition and, subject to conditions, laws and regulations over which grantee has no control, to furnish continuous gas service to and for the citizens of and its customers in the City, and to make all reasonable and necessary extensions of its gas pipes, mains and appliances, so as, reasonably, to supply all persons, firms or corporations within said city with 9as. Section 5. 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 pro- visions of this franchise and to all applicable ordinances and regulations of the City. All 9as distribution lines constructed by the grantee 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 gas distribution lines or additional appliances and appurtenances with reference to other municipal facilities such as sewer and water mains, signal poles and lines, drainage facilities, and other ser- vices, or to other facilities such as public telephone and electric utilities and railway messages, 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 gas lines and appurte- nances 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 de- lay the grantee in any of its operations. b. DiStUrbance of Streets - Restoration. (1) The City Council may require that written permits, in any or all cases, 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 street ~: of the city in order to install, construct, extend or repair any of the gas distri~i ! bution lines, or additional appliances, appurtenances or services therein or there- on, Such permits, if required, may be made applicable'to any or all types of exca- vations, as prescribed by the City Council. Such permits, further, may state the particular part or point of the streets where said construction or excavation is t¢ be made and the length of time in Which such permit shall authorize such work to be done. Exception to requirement for permit shall be permitted in cases of emer- gencies involving public safety. (2) Immediately after gas distribution lines, additional appliances, appurtenances 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 por- tions of streets or public ways damaged, disturbed or destroyed by such work, if such be authorized, shall be promptly restored and replaced with like materials to their former condition by the grantee at its own expense; however, where it is necessary, and if permitted, in order to achieve former conditions the grantee may or shall use materials whose type, specifications or quantities exceed or are dif- ferent than those used in the original construction or installation and the grante at its own expense shall provide such differm t materials. Where a cut or distur- bance 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 a§ents in the installation, operation or maintenance of the §rantee's facilities. Any such obstruction or defect which is not promptly removed, repaired or corrected by the 9rantee after proper notice so to do, §iven by the city to said 9rantee, may be removed or corrected by the city, and the costs thereof shall be charqed against the 9rantee and may be enforced as a lien upon any of its properties or assets. Expense of damage, relocation or replacement to city utility lines, sanitary sewers, storm sewers, and storm drains, where such expense results from construction or maintenance of the 9rantee's lines or facilities, shall be borne by the §rantee and! any expense incurred in connection therewith by the city shall be reimbursed by the 9rantee. (3) The 9rantee 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 layin9 or repairin9 its lines or appurtenances; nor shall the 9rantee permit an such street, sidewalk or public place, so opened, disturbed or obstructed by it in the installation, construction or repair of its lines or appurtenances, to re- main open or the public way disturbed or obstructed for a Ion§er period of time tha 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 9rantee, the 9rantee shall take all precautions necessary or proper for the protection of the public and shall main tain adequate warnin9 signs, barricades, signals and other devices necessary or proper to adequately 9ive notice, protection and warnin9 to the public of the exis- tence of all actual conditions present. (4) Whenever the city shall widen, reconstruct, realign, pave or repave any street or public place, or shall change the 9rade or line of any street or pub- lic place or shall construct or reconstruct any conduit, water main, sewer or ware connection, or other municipal works or utility, it shall be the duty of the 9ran- tee, when so reque$~ted by the city, to chan§e its lines, appliances, services and other property in the streets or public ways, and/or areas adjacent thereto, at it own expense so as to conform to the new widening, location, alignment or 9rade of such street or public way and so as not to interfere with the city's conduits, sewers and other mains as constructed or reconstructed. Upon written notice by the! city of its intended work, above specified, the 9rantee shall within a reasonable period of time accomplish its obli§ation in accordance with and to conform to the plans of the city for such construction, reconstruction or improvements. However, the 9rantee shall not be required by the city to relocate 9as distribution lines when the street or public way in which they are located is vacated, closed or aban- doned by the city for the convenience of abuttin9 property owners and not as an in- cident to a public improvement. (5) The City Council may require that written permits, in any or all cases, 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 gas distribution lines, appliances or appurtenances or ser- vices 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 permit shall be provided in cases of emergencies involving public safety. Ail provisions of this ordinance shall be applicable to installation, construction, extension or repair of such lines or appliances on, over or under any such bridge or viaduct the factors of appearance and achievement and maintenance of structural design requirements of the bridge or viaduct to be assured. Section 0. Rates. In consideration of the rights and privileges conferred upon the grantee by this franchise, the grantee, its successors and assigns, shall be entitled to charge just and reasonable rates ~for gas and services furnished by it, under and subject to the approval of the State Corporation Commission of Virginia, or by any successor body created by the State of Virginia with power to regulate the rates and prescribe the standards of service of said gas company; however, nothing herei contained shall operate to impair or deprive the City of any power or authority now or hereafter conferred upon it by law to prescribe reasonable rates or charges £or such gas or services, to be observed and performed by the grantee or assignee hereof. Section 7. Reports. ~Iaps and P~[~. The grantee shall file annually with the city auditor of the city, or with such other official of the city as may be charged with the control and keepin of accounts and financial records of the city, a copy of the grantee's annual re- port, which report shall contain and reflect the audit and financial statement as pertains to the business operations of the grantee for the immediate preceding bus. iness year. The grantee's books and systems of accounts showing the gross income derived by the grantee from its supply and sale of gas service in the city shall be made available at all reasonable times for inspection and verification by a dul authorized officer or agent of the city. The grantee shall, upon written and rea- sonable request at any time from the city manager, or other official designated by the city manager, make availabie or furnish to the city manager, or other desig- nated official, maps, plats or plans, or copies thereof, showing the location of any or all of its distribution lines, additional appliances and appurtenances and other structures located in, under and along the streets and public ways of the city. Section 8. Acauisition 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 of the grantee and, as well, the property of the grantee located in the streets, alleys, and other public ways of the city theretofore used for its gas works and gas distribution system purposes, at a fair and reasonable price therefor. In determining the value of the property which may be acquired by said city, the grant shall not be entitled to any payment whatsoever by reason of the value of this fran chise. The fair value of the property which may be acquired by the city shall be ascertained and determined as follows: During the last six months of the life of this franchise, the city may file its petition with the State Corporation Commis- sion of Virginia, praying that said commission ascertain the fair value of the plant of the grantee and of the property of the grantee which is located in the streets of said city at that time and then used for gas distribution purposes, and give reasonable notice of the filing of said petition to the grantee. Whereupon, said commission shall ascertain and determine, at the joint expense of the grantee and of said city, the fair value of such of the property of said grantee as the city requires and 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 commission as to such value shall be conclusive and binding upon the city and the grantee, subject, however, to the right of appeal by either party to a court of competent jurisdiction, for final determination of such value. Unless the city shall, within ninety (90) days from the determination of such value by said commission or, if appealed, within ninety (90) days from the final decision of the court to which such determination of value was appealed, tender payment to the 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 provision in this section of this franchise, shall be forever extinguished and barred. In the event the State Corporation Commission should fail or refuse to ascertain and determine such value, then the city and the grantee shall each select an appraiser, who shall select an umpire, the three of whom shall constitute a commission, which shall determine the fair value of the plant and property of the grantee to be taken by the city in accordance with the terms of this franchise. Nothing in this franchise shall be construed to impair the city's contin- uing general police power over its public streets and other public ways nor to limi the city's right to acquire by purchase or by exercise of its right of eminent do- main all or any part of the property of the grantee. Section 9. Taxes. Nothing in this ordinance shall be co. nstrued to prevent the city, here- after and from time to time, from levying any lawful tax on the properties of the grantee, or from levying any lawful business license tax on said grantee for the privilege of doing business within the city. Section 10. Safety Methods and Eauipment. 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 publi Section 11. New Developments. Should, within the term of this franchise, developments in the field of distribution of natural or synthetic gas 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 fran- chise in line with such developments. Section 12. 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 of 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 pro- ceeding shall be brought against the city, either independently or jointly with said grantee or others on account thereof, the 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 grantee; and in the event of final judgment being awarded against the city, solely or jointly with the grantee or others, then the grantee will pay said judgment with all interest and costs, and will hold the city harmless therefrom. b. Bond. Before proceeding to act under this ordinance, shall execute a bond, in the penalty of Five Thousand Dollars, ($5,000.00~ with good and sufficient surety, in favor of the City of Roanoke, conditioned upon the construction and putting iht operation and maintaining in good order the plant provided for in this franchise, the furnishing of efficient gas services within the City of Roanoke at reasonable rates, and the compliance by the grantee with the terms, provisions and conditions of this ordinance and of the franchise herein granted; 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 13. RestoratiQ~ 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 shal exercise prompt diligence to restore such service with as little interruption as possible and, in all events, within a reasonable time, but any such interruption or failure of service caused by any of the afo~ said reasons shall not, of itself, constitute a breach of this franchise. Section 14. Approval of Transfer. No sale or no assignment or lease by the grantee of the franchise or of the privileges granted under this ordinance shall be effective until it is approve( by the council of the city. As a condition to consideration by the council of a sale or assignment, the grantee shall file with the city manager written notice of the proposed sale, assignment or lease and the vendee, assignee or lessee shall similarly file an instrument, duly executed, reciting the fact of such proposed sale, assignment or lease, offering to accept the terms of this franchise, and agreeing to perform all of the conditions thereof. Section 15. No E~clu~ive Franchise. The rights herein granted the grantee to construct, maintain or operate its gas distribution 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 constru as exclusive nor as preventing the city from 9ranting to any other person, firm or corporation the same or similar franchise rights and privileges, to be exercised i and upon its public streets and such of the same and parts thereof as the city may deem best or choose to allow, permit, give or grant. Section 16. Lie~ of City. All debts, penalties, or forfeitures accruing to the city under the term~ of this ordinance shall constitute a lien upon the property and franchise of said grantee within the city, subject, however, to then-existing prior liens. Section 17. Jurisdiction Q~ Governmental Regulatory Commissions. If any provision of this franchise is in conflict with any Constitutional provision, statute or lawful rule of the State Corporation Commission of Virginia, 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 such provi- sion, statute or rule of such commission or body, then the grantee shall comply with such specific rule instead of with 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 constitutiona provisions, valid statutes or rules of the said commission or body. Section 18. General Ordinances o~ ~he City. The rights and privileges herein granted are expressly subject to the co~ ditions, 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, 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 regula- tion.of public service corporations using the public 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 for the exercise of the rights and privileges herein granted. Section 19. Advertisement for Bids. a. This ordinance shall be published once a week for four successive weeks in a newspaper of general circulation in the city, and there shall be adver- tised therewith an offer for bids on the part of any party interested, which adver- tisement shall fix the date on which bids shall be presented to the City Council. All bids for franchises, rights and privileges hereby granted shall be submitted in writing as required by law, and each bidder shall file with his bid a certified check in the sum of $250.00, which shall be held by the city clerk of the City of Roanoke upon condition that if his or its bid is accepted and an ordinance sub- stantially in the form of this ordinance is passed granting to him or it the fran- chise rights and privileges herein set forth, then he or it will, within thirty days from and after the time at which said ordinance shall become effective, file a written acceptance of the same with the city clerk of the city substantially as hereinafter set forth in this ordinance. b. In the event of the failure of the bidder whose bid is accepted, and to whom said grant is made, to file said written acceptance, then the said certifi~ check accompanying said bid shall thereby be forfeited to the City of Roanoke and the sum thereof shall immediately become and be the absolute property of and pay- able to the City of Roanoke without offset, as liquidated damages. c. Upon the acceptance by the council of the bid of the successful bid- der, the city clerk shall return to the unsuccessful bidders the certified checks filed by them as aforesaid; and said clerk shall hold the check of the successful bidder until the written acceptance required of him or it in subsection a. of this section shall have been filed with said clerk, whereupon the said clerk shall retu~ said check to the successful bidder or, if so directed by the successful bidder, retain it as payment upon the amount of the bid. d. The successful bidder shall pay to the city all costs for the adver- tisement of this ordinance. Section 20. Effective date. This ordinance shall be in force and effect from and after ten (10) days from the date of its passage, provided that within such time it shall have been accepted in the manner herein provided. Section 21. Acceotance. The undersigned, hereby accepts the grant and each and all of the provisions, conditions, and limit tions of this ordinance of the City of Roanoke, adopted by the Council of the City of Roanoke as Ordinance No. on the day of , 1973, 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 con- tained. 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 duly affixed and attested by its Secretary, thereunto duly authorized, on this day of , 1973: Attest: By Teste: City Clerk ADOPTED 1973 APPROVED 1973 Ma yor I, Virginia L. Shaw, 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 1973, by a recorded affirmative vote of a majority of all the members elected there to; and I further certify that the requirements of the laws of the State of Virgini regulatin9 the grant of franchise, et cetera, by cities and towns, and the require- ments 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 sa City of Roanoke, this day of , A.D. 1973: A TTE ST: APPROVED City Clerk. Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1973. No. 21027. AN ORDINANCE providing for an amendment to the agreement dated March 13, 1973, between the City of Roanoke and Wilbur Smith and Associates, providing for a regional area technical transit study, so as to conform to certain UMTA guideline requirements; and providing for an emergency. WHEREAS, the Council is advised by report of the City Manager made July 16, 1973, of the advisability of amending certain of the provisions contained in t agreement hereinafter referred to, in order to incorporate into said agreement cer. rain guideline requirements of UMTA not theretofore expressly mentioned in said agreement; the effect of such amendments to increase the total cost of consultants services thereunder to $40,000.00, with the City providing additional in-kind ser- vices of the value of $1,000.00, but with the Commonwealth of Virginia, Department of Highways, thereafter reimbursing the City 85% of the $40,000.00 contract price, or $34,000.00; 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, with Wilbur Smith and Associates, consultants, a written agree. merit amending that certain written agreement heretofore entered into between the City and said consultants under date of March 13, 1973, in the following respects, viz: 1. Amend Se~ion 2 "Purpose and S~pp~", page 2, to provide analyses to all local public transit agencies providing scheduled service within the Roanoke Metropolitan Area. Ail items of Section 2 will apply to each transit agency excepting Item 8, Equipment and Facility Appraisal. This amendment provides for an expanded transit study surveying all transit companies in the area such as Roanoke City Lines, Pendleton Bus Company and the Starkey Bus System. Facility appraisal will not be included in the study except for the Roanoke City Lines. 2. Amend Section 4 Study Ar~a,.page 6, to provide the study area served by all local transit agencies within the urban area of Roanoke, Virginia. 3. Amend Section 7 In-Kind Services Provided by Local Public Aqency, page 7, to allow the CONSULTANT to perform the following items of work originally contracted for LOCAL PUBLIC AGENCY performance: e (1) Mail out and code the returned survey cards , (2) To enrich mail-out survey by making home interviews in selected area, and; (3) To make load and headway counts of the various bus routes. The purpose of this amendment is to allow the CONSULTANT to main- tain the work schedule and perform these items of work with his own personnel . 4. Amend Section 8 Scope Qf Services, page 8, to limit Item --2 Evaluation and Appraisal of Plant and ProDertv, page 9, to the Roanoke City Lines. 5. Amend ~ction 8 Scope of Services, page 8, to expand Item 4, Fill~ncial Evaluation of Existing System, page 13, to include the evaluation of all past and current assistance programs which have been undertaken to promote transit activities. 6. Amend S~ion 8 .~oDe of Services, page 8, to expand Item 11 Analyses of Transit-Oriented Street Improve- ments, page 17, to include the application of alterna- tive transit strategies such as demand-responsive ser- vice, new concepts in transit vehicle design, iow fare transit, innovative operations concepts, and other current results of research and development which may be valid in the Roanoke Area. These analyses would incorporate cost estimates as related to possible appli- cation in Roanoke. 7. Amend Section 9 Time of Performance, page 23, to provide for the submission of the preliminary draft of the final report by September 14, 1973. 8. Amend SectiQ~ 11 Compensation and Payment to allow for the expanded scope of work as requested by the Virginia Department of Highways. The evaluation of additional local transit services adds $3,000.00 to the original Contract and the transfer of In-Kind services to the CONSULTANT adds '$4,000.00 to the original CONSULTANT'S total amount. The total amount of Fee shall be $40,000.00 replacing the original $33,000.00 on the March 13th Con- tract. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall be in force and effect upon its passage. APPROVED A TTE ST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1973. No. 21028. AN ORDINANCE amending Ordinance No. 20989, heretofore adopted on June 25 1973, providing a System of Pay Rates and Ranges, by changing the Range and Pay Rate of Code Positions 1250, 1251, and 1252, Senior Assistant City Attorney, Assistant City Attorney II and Assistant City Attorney I, respectively, as set out on page 2 of Schedule 2 of the City's Pay Plan; and providing for an emergency. WHEREAS, there having been recommended to the Council by the City Attorn~ the changes to the City's Pay Plan hereinafter authorized to be made, and the Council having concurred in said recommendation; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect at the tim~ hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 20989, heretofore adopted on the 25th day of June, 1973, providing a System of Pay Rates and Ranges for the employees of the City be, and the same is hereby amended by changing the Range and Pay Rate of Code Positions 1250, 1251, and 1252, Senior Assistant City Attorney, Assistant City Attorney II and Assistant City Attorney I, respectively, under Administrative and Specialized, as set out on page 2 of Schedule 2 of the City's Pay Plan dated July 1, 1973, to read and provid~ as follows: Work Range Code Classification Week No. 1250 Senior Assistant City Attorney 1251 1252 40 32' Assistant City Attorney II 40 31 Steus in Monthlv Amounts 1' 2 3 4 5 6 $1,303 $1,368 $1,436 $1,508 $1,503 $1,66: $1,241 $1,303 $1,368 $1,436 $1,508 $1,58: Assistant City Attorney I 40 27 $1,020 $1,071 $1,123 $1,181 $1,241 $1,30 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in Deputy City Clerk Mayor ATTEST: force and effect from and after July 1, 1973. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1973. No. 21029. 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 Sec- tion =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 =4 Personal Services (1) ......................... $85,970.00 (1) Net increase $1,788.00 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 16th day of July, 1973. No. 21030. AN ORDINANCE amending ,Ordinance No. 20993, adopted June 25, 1973, fixing the annual compensation of certain unclassified officials and employees of the City and providing for an emergency. WHEREAS, the City Manager has recommended, by report under date of July 9, 1973, that the Council generally approve certain organizational changes recommen ed in the management study report of Albert Ramond and Associates made to the City and the establishment of certain new positions within the City government, naming certain persons to fill those positions under city manager control and recommending the amount of annual compensation therefor; in which recommendation the Council concurs; and WHEREAS, the positions hereinafter deleted from the City's unclassified pay plan are being incorporated into the City's classified pay plan by ordinance adopted simultaneously herewith; and WHEREAS, funds sufficient for the purpose have heretofore been appropriat by the Council, and for the usual daily operation of the municipal government it is necessary that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 20993, adopted June 25, 1973, naming and fixing the annual compensa- tion of certain of the unclassified officials and employees of the city; be and said Ordinance No. 20993 is hereby amended by deletion therefrom of the following two names, positions and amounts of annual compensation, viz: Samuel H. McGhee, Assistant City Manager $20,436.00 A. N. Gibson, City Auditor $19,764.00 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect upon its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1973. No. 21031. AN ORDINANCE amending and reordaining Sec. 7. Unclassified servig~, of Chapter 13, ~Y~L~, of Title II. Administration, of the Code of the City of Roanoke, 1956, as amended; and providing for an emergency. WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upo, n its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec 7. Unclassified service, of Chapter 13, Personnel, of Title II. Administration, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained, to read and provide as follows: Sec. 7. Unclassified service. The service of the city shall be divided into the unclassified and the classified services. The unclassified service shall consist of: (a) officials elected by the people and persons appointed to fill vacancies in elective offices; (b) the members of boards and commissions, the city manager, the city attorney, the city clerk, and persons appointed by the judges of the courts of record; (c) employees of the school board performing administrative and educational functions as deter- mined by the school board, provided that any class of such employees may be transferred to the classified service on the request of the school board; (d) licensed physicians and dentists employed by the city in their professional capacities; (e) persons tempo- rarily employed in a professional or scientific capa- city or to conduct a special inquiry, investigation, examination, or installation, if the council or the manager certifies that such employment is temporary and that the work should not be performed by employees in the classified service. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 1973. No. 21032. AN ORDINANCE to amend Ordinance No. 20989, providing a System of Pay Rat and Ranges for the employees of the City of Roanoke, by adding to Schedule 2 of sai System of Pay Rates and Ranges new code positions for Assistant City Manager, City Auditor, Director of Technical and Administrative Planning, Director of Human Ser- vices, Director of Safety and Security, Director of Public Works, Director of Civic Enrichment, and Director of Utilities and Operations; and providMq the ranges and pay steps applicable to each said new position; providing the effective date of the changes 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 addition of the following code positions, ranges and pay steps, viz: Annual Code Classification Name Range S~p Solary Assistant City Manager Samuel H. McGhee, III 38 1 $20,940 City Auditor A.N. Gibson 37 1 $19,944 Director of Technical and Administrative Planning Director, Depart- ment of Human Services Director, Depart- ment of Safety and Security Director, Depart- ment of Public Works Director, Depart- ment of Civic En- richment Vacant 37 1 $19,944 Bernice F. Jones 32 2 $16,416 Director, Depart- ment of Utilities and Operations Kit B. Kiser Vacant 37 1 $19,944 Vacant 36 1 $18,996 34 1 $17,232 Vacant 36 1 $18,996 BF. 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 23rd day of July, 1973. No. 21024. AN ORDINANCE providing for the lease to Mill Mountain Playhouse Company of the premises known as Rockledqe Inn, on Mill Mountain, for terms comprising a portion of four (4) calendar years, upon certain terms and conditions. WHEREAS, Mill Mountain Playhouse Company, sponsoring a professional theatrical group and operating a summer theatre atop Mill Mountain, has requested that it be granted a new lease of the City's Rockledge Inn premises on Mill Moun- tain being, at the time, delinquent in payment to the City of certain rentals re- served under written lease between the City and said Company which expired Septem- ber 15, 1971; and WHEREAS, the Council considers that, notwithstanding said Company's de- fault in rental payments covenanted to be paid under said prior lease, said Com- pany, in making professional drama available 'to the community during the summer months, provides to a degree an aspect of cuItural life essential to the develop- ment of the community; is recognized by and receives financial support and encour- agement from respected citizens of the community; and is worthy of encouragement by the local government. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and direcged, for and on behalf of th, City, to enter into written lease agreement with Mill Mountain Playhouse Company, a corporation, leasing to said Company the premises known as Rockledge Inn, on Mill Mountain, for terms comprising a portion of the calendar year of 1972, and the current year and of each of the two (2) following calendar years, the first of which said terms shall have commenced as of May 1, 1972, and shall have expired on September 15, 1972, with like terms commencing and terminating on the same days of the same months of each of the next three (3) consecutive years, namely 1973, 1974 and 1975; such written lease to be upon such form as is prepared and approved by the City Attorney and to include provision, amongst other of its terms, for the following: 1. That the premises shall be occupied and used by Mill Mountain Play- house Company, lessee, solely for the purpose of a summer theatre and as a temporar residence for officials, employees and eh§aged actors and personnel appearin9 or assistin9 in the productions presented by said summer theatre, which productions shall be made available to and for the benefit and enjoyment of the residents of the City and others; and 2. That said lessee's use and occupancy of said premises shall at all times be subject to the order and regulation of the City r~anager; and 3. That said lessee will comply with all applicable laws and ordinances; and 4. That said lessee will keep in a manner satisfactory to the City Audi- tor accurate entries and records of all moneys received through the exercise of the rights and privileges herein 9ranted; and will permit said entries and records to be inspected, examined or audited, at all reasonable times by the City's representa tives; and, further, will furnish and deliver to the City Clerk a cash bond or bond with corporate surety in the amount of $500.00 conditioned upon the full and com- plete performance of the terms and conditions agreed to in this paragraph; and 5. That said lessee will keep the leased premises clean and attractive before and durin~q performances and will remove all refuse therefrom within twelve (12) hours followin9 each performance; and 6. That said lessee will save the City harmless from and against any and all claims for damages or injuries to persons or property which may, in any manner whatsoever, arise out of or be caused by the activities of the lessee hereunder; an in no way limitin9 its personal liability herein assumed therefor, lessee will ob- tain (and deliver unto the City evidence thereof) such insurance as the City Mana§e may require, further protectin9 the City of and from all such claims, damages or injuries; and 7. That said lessee will not assign, in whole or in part, this lease; nor remove, alter or change any fixture or appurtenance upon the premises without first obtainin§ the written consent of the City Maria§er to do so; and 8. That said lessee will preserve and maintain the interior of the lease property and return the same to the City at the termination of each four and one- half months' portion of the term of this lease in its present condition, subject, however, to the usual wear and tear; and 9. That said lease shall be at all times subject to any concession right or privileges which the City may have awarded or granted to others for the sale of any food or beverages on Mill Mountain or at Rockledge Inn; and 10. That, in event the City should authorize the making of a lease of said property to a department of the federal government, or should authorize and direct the use of the leased premises for any specified public purpose, it may terminate this lease upon two (2) months' written notice t'o the lessee; and 11. That in event of any breach by the lessee, or by any party acting with the consent or authority of the lessee, of any agreement or covenant provided to be performed, kept or observed by said lessee, this lease may, at the sole op- tion of the City and without prior notice to lessee, be terminated forthwith and thereafter shall be deemed null and void for all purposes whatsoever except the City's right to recover any money in default; and 12. That the lessee shall be solely responsible for and shall pay all costs and expenses attendant upon its use and occupancy of the leased premises for the purposes hereinabove provided and that, after payment of all such costs and expenses, including accrued capital indebtedness and including all State, Federal and local taxes which are properly assessable on said lessee, said lessee will pa over and deliver to the City, by payment to the City Treasurer on or before the 20th day of September of each year during the term of this lease, and following the last year hereof, all of the net revenue or'the said lessee derived from its operations on the leased premises, its revenue to include incOme to the lessee fr all sources from which the same may be received or earned, until the total amount of such net revenue so paid to the City shall have equalled said lessee's accrued indebtedness of unpaid rental to the City as of the commencement of this lease; thereafter, lessee shall pay to the City, as rental for the demised premises during the remainder of the term of this lease fifty per centum (50%) of all of the lessee's net revenues; 13. That the City agrees that the lessee shall have quiet enjoyment of its aforesaid term of lease; and 14. That the City agrees that it will maintain the outside of the pre- mises in good and attractive order; and 15. That the City agrees to supply to the lessee without charge water reasonably sufficient for the normal needs of the lessee in its occupancy of the demised premises; and 16. That it be stipulated and agreed between the parties that the cond: tion of the premises is satisfactory to the lessee and that the same are being leased "as is", and without warranty as to condition or fitness by the City; the lessee to have right of inspection of the premises prior to each annual occupancy of the premises. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1973. No. 21 033. 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 Sec- tion =450, "Municipal Airport Fund," of the 1973-74 Municipal Airport Fund Appropri ation Ordinance, be, and the same is hereby, amended and reordained to read as fol- lows, in part: MUNICIPAL AIRPORT FUND ~450 Capital Outlay from Revenue (1) ............... $64,235.00 (1) Net increase $14,070.00 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 CIYY OF ROANOKE, VIRGINIA, The 23rd day of July, 1973. No. 21034. AN ORDINANCE to amend and reordain Section =545, "Court Study 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 Sec- tion =545, "Court Study Grant," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COURT STUDY GRANT =545 Fees for Professional and Special Services ...... $55,000.00 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1973. No.' 21035.' A RESOLUTION confirming the City Manaqer's appointment of Charles L. Gut. shall as City Engineer and, as such, Director of the City's Engineering Department and of Richard B. Turpin as Director of the City's Department of Public Works. 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 Charles L. Gutshall as City Engineer and, as such, Director of the City's Engi- neering Department, effective July 17, 1973; a~d doth further confirm said City .Manager's appointment of Richard B. Turpin as Director of the 'City's Department of Public Works, effective September 1, 1973, as said appointments were duly reported to the Council by the City Manager at the Council's meeting held July 23, 1973. ATTEST: Deputy City Clerk ''~ P P R 0 VE D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1973. No. 21036. A RESOLUTION authorizing and directing that William L. Bowling, a member of the Police Department who is unable to perform his regular duties by reason of personal injury received in line of duty, be paid his regular salary for an addi- tional period of sixty (60) days beginning July 22, 1973. WHEREAS, Resolution No. 4748, adopted on the 28th day of February, 1936, provides that employees of the Police and Fire Departments, absent from duty by reason of personal injuries received in line of duty, be paid their regular salari. for a period not exceeding sixty (60) days, the said payments to be in lieu of any other compensation paid by the City, provided, however, that the Council of the City of Roanoke may consider paying employees injured in line of duty for additior time absent from their regular duty, but in no event will payment be made until authorized by Council; and WHEREAS, William L. Bowling, a member of the Police Department, was in- jured in line of duty on May 27, 1972, and as a result of this injury, was unable to perform his regular duties for said sixty-day period and may be unable to per- form said duties for, at least~ an additional period of sixty (60) days; and WHEREAS, the City Manager has recommended that Officer Bowling be paid his regular 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 Wil- liam L. Bowling, a member of the Police Department who is unable to perform his regular duties by reason of personal injury received in line of duty, be paid his regular salary for an additional period of sixty (60) days beginning July 22, 1973, or such portions thereof as his disability continues. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1973. No. 21037. A RESOLUTION requesting the Commonwealth of Virginia, Department of High- ways, to accomplish, at the City's expense, the reconstruction of a portion of the City's large water lines along 13th Street and Bennington Street, S. E., in connec- tion with the proposed construction of Routes 115 and 116 along said streets. BE IT RESOLVED by the Council of the City of Roanoke that the Commonweal of Virginia, Department of Highways, be and is hereby requested by the City of Roanoke, in said Department's proposed construction of Routes 115 and 116 alon9 13th Street and Bennington Street, S. E., in said City to prepare appropriate plan and specifications and make provision in said Department's construction contract to be awarded in connection with construction of Routes 115 and 116 along 13th Street and Bennington Street, S. E., for necessary relocation and reconstruction of that portion of the City's large public water lines in said area' affected by such high- way construction, the Commonwealth of Virginia, Department of Highways, being assu by this resolution that the City of Roanoke will pay and reimburse the Commonwealt the bid price costs of all such large water line relocation and reconstruction plu 10% of such costs; it to be understood that said City, at its additional expense, will perform the work of adjustments and relocations of meter boxes, hydrants, ser- vice lines and similar installations. BE IT FURTHER RESOLVED that the City Manager cause to be transmitted to said Department of Highways, through appropriate channels, attested copies of this resolution. ATTEST: APPROVED r d h S Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANORE, VIRGINIA, The 23rd day of July, 1973. No. 21038. AN ORDINANCE providin9 for the fabrication and installation of an out- door sign and message board at the Roanoke Civic Center by acceptin9 the proposal of American Sign and Indicator Corporation, upon certain terms and conditions; rejectin9 all other bids to the City; and providin9 for an emergency. WHEREAS, at the meetin9 of the Council held on July 9, 1973, and after proper advertisement had been made therefor, five (5) bids for the fabrication, sale and delivery to the City and installation of an outdoor sign and message board for use at the Roanoke Civic Center, hereinafter authorized to be purchased, 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 tabu- lation of said bids and has further reported that the equipment hereinafter autho- rized to be purchased is the least expensive of such equipment which meets or ex- ceeds all of the City's specifications made and required for such equipment; and sufficient funds have been or are being contemporaneously appropriated to provide for payment of the outdoor sign and message board 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 passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of American Sign and Indicator Corporation to fabricate, sell, deliver and in- stall at the Roanoke Civic Center a new outdoor sign and message board meeting or exceeding the City's specifications made for said equipment, for a total net pur- chase price of $68,771.78, cash, be, and said proposal is hereby ACCEPTED; and the City's Purchasing Agent is hereby authorized and directed to issue to American Sigl and Indicator Corporation the City's purchase order for the aforesaid new equip- ment, incorporatin9 into said purchase order the City's aforesaid specifications, said bidder's proposal, guarantees and warranties, and t~ provisions of this ordi nance; and upon satisfactory installation of all such equipment and its acceptance by the City, the City Auditor shall be, and he is hereby authorized and directed to make payment to American Sign and Indicator Corporation of the said contract price, not to exceed the sum hereinabove set out. BE IT FURTHER ORDAINED that the other bids made to the City for the fab- rication, delivery and installation of other similar equipment be, and said bids are hereby REJECTED; and the City Clerk shall so notify said other bidders and, in so doing, express to each the City's appreciation of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1973. No. 21039. A RESOLUTION providing for public notice of meetings of certain Boards, Authorities, Commissions and Committees established by the Council of the City of Roanoke. WHEREAS, the Council is of opinion that public notice should be given of those meetings of certain Boards, Authorities, Commissions and Committees establish.~d by the Council and required under the Virginia Freedom of Information Act to hold public meetings. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Sec.. VII, Meeting~ of the "Statement of Policy on Appointment by Roanoke City Council toi! Boards, Authorities, Commissions and Committees", heretofore adopted on January 1973, by the Council by Resolution No. 20693, be and is hereby amended to read and provide as follows: VII. Meetings. Unless otherwise provided by law, all such boards, authorities, commissions and committees which are required under the terms of the Virginia Freedom of Information Act, Sec. 2.1-340, et seq., of the 1950 Code of Virginia, as amended, to hold public meetings, shall give at least twelve hours public notice of all regular or special meetings. Written notice of the time and place of such meet- ings posted in the City Clerk's office in the City of Roanoke, and furnished to representatives of the news media theretofore having indicated a desire to receive such notification, shall con- stitute such public notice; provided, however, that inaccuracy or inadequacy of such notice shall not in any manner affect the validity of any pro- ceedings had or taken by any such board, authority, commission or committee. APPROVED ATTEST: Deputy City Clerk Mayor 30o IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1973. No. 21040. AN ORDINANCE to amend and reordain Section ~550, "Sewage Treatment Capi- tal Improvements Fund," of the 1973-74 Sewage Treatment Fund Appropriation Ordi- nance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. tion ~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 ........................ $83,800.00 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 23rd day of July, 1973. No. 21041. , A RESOLUTION approving and authorizing the implementation of certain changes recommended in the City's administrative and management organization and structure in a report made to the Council dated June 22, 1973. WHEREAS, Ordinance No. 20963 of the Council, adopted upon receipt of an advance copy of a summary report of the City's management consultants containing certain recommendations which were later contained in and elaborated upon in a final report of management capability study made to the Council under date of June 22, 1973, authorized the City Manager to engage the further services of said con- sultants to assist in implementing such ch~ ges in the City's administrative and management organization as were thereafter specifically approved by the Council, and ordered implemented; and WHEREAS, it is understood that numerous of the changes so recommended may, by order of the Council be accomplished, although certain of the other recommended changes would require amendment of the City Charter and general law; and WHEREAS, the Council is desirous that such of the recommendations as may now be validly effected be accomplished. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth accept and concur in such of those detailed recommendations relating to a restructure of the City Manaqer's organization of the City's administrative ser- vice as are set out in Section IX. A. 1., and in such of those recommendations re- lating to management methodology set out in Section IX. B. of the Final Report of Management Capability Study (made) for the City of Roanoke by Albert Ramond and Associates, Inc., dated June 22, 1973, as may be accomplished by the Council under existing provisions of the Roanoke Charter of 1952, as amended, and the Constitution and statutes of the State of Virginia; and doth hereby specifically authorize that the agreement provided by Ordinance No. 20963 to be entered into on behal£ of the City engage the further services of Albert Ramond and Associates, Inc., consultants, as under Phase II of said consultant's proposal made to the City under date of Jan- uary 30, 1973, in implementing such of the aforesaid recommendations for management restructure and methodology as may now be accomplished by ordinances of this Council under existin9 law. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1973. No. 21042. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds for implementation of a dru9 abuse prevention, treatment and control 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. 72-A1688 for implementation of a drug abuse pre- vention, treatment and control program subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and WHEREAS, the City Manager recommends to the Council that Grant No. 72-A16 ~8 be accepted upon such special conditions aforesaid, in which recommendation Council concurs. lOWS: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fo1- 1. That Byron E. Haner, City Manaqer, 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. 72-1688 for Federal Funds in the amount of $48,083.00 throuqh said Division, to be used, alonq with certain other local funds and in-kind contributions, to aid implementation of a druq abuse prevention, treatment and control proqram in the City, estimated to cost approximately $64,164.O0; and 2. That the said City Manaqer be and he is further authorized and direct- ed to enter into an aqreement, approved as to form by the City Attorney, with the : Roanoke Area Druq Abuse Control Council to perform the services necessary to imple-: merit the qrant project and to provide all records required, necessary and pertinenti to enable the City to make such assurances, representations and aqreement to condi- tions as are required of recipients of qrants 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 Manaqer 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 qrant or with said project. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1973. No. 21043. AN ORDINANCE acceptinq a certain proposal for the operation of caterinq and concession services of the Roanoke Civic Center, upon certain terms and condi- tions; authorizin9 the proper city officials to execute the requisite aqreement therefor; rejectin9 certain other proposals; and providinq for the effective date of this ordinance. WHEREAS, on June 25, 1973, and after due and proper advertisement had been made therefor, five bids for the operation of caterinq and concession service at the Roanoke Civic Center were opened and read before the Council, whereupon all said bids were referred to a committee appointed by the Council to tabulate and study said bids and to make report and recommendation thereon to,the Council; and 5o3 WHEREAS, said committee has reported to the Council in writing its tabula- tion and recommendations on said bids, from which it appears to the Council that the proposal hereinafter accepted represents the best bid meeting all of the speci- fications, made to the City, and should be accepted; and that the other bids should be rejected; and that this ordinance should take effect upon the date hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposals B and C made under date of June 25, 1973, by American Motor Inns, Inc., for the operation of catering and concession services at the Roanoke Civic Center for a two-year term commencing as of August 1, 1973, and with certain provisions for a two-year extension and renewal, in full accordance with the City's terms, conditions and specifications made therefor, and with said bidder's proposal, said bidder having proposed to pay to the City the sum of $1,000.00 per month as basic rent or 10% of gross receipts from catering sales, and 271/2% of gross receipts from concession sales, whichever amount is larger, for the privilege of providing such services, be and said proposal is heTeby ACCEPTED; subject to the transfer and assignment by the City to American Motor Inns, Inc., of all rights and obligations of the City under those two certain agreements with Coca-Cola USA, a division of The Coca-Cola Company, and Roanoke Coca-Cola Bottling Works, Incorporated, both dated July 1, 1970, and the consent to such transfer and assignment by said last- mentioned companies. BE IT FURTHER ORDAINED that the proper City officials be and are author- ized to execute, on behalf of the City, the requisite agreements and documents, ' ineorporatin9 into said documents the City's aforesaid specifications, the terms of! said bidder's proposals, and the terms and provisions of this ordinance, the same to be upon form approved by the City Attorney. BE IT FURTHER ORDAINED that the City's Purchasing Agent be and is autho- rized to effect the sale and transfer to said successful bidder such of the City's current inventory of concession stock and goods on hand at the City's cost therefor the same to be listed and valued at the City's cost prices. BE IT FURTHER ORDAINED that the other bids made to the City for the opera tion of said services be and are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FINALLY ORDAINED that this ordinance shall be in force and effect upon and after August 1, 1973. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1973. No. 21046. 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 cer- tain sections 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 I ~76000 Fixed Charges ............................ $ 27,781.63 SCHOOLS- P. L. 89-10, Title I, Summer 1972 =81000 Personal Services . · 2,984.26 Supplies .................................. 2,610.34 Attendance Services ...................... 1,100.00 Travel ................................... 2,981.08 Operations . · 92.05 Fixed Charges ...................... ...... 5,431.14 Food Services ............................ 608.93 Community Services ....................... 3.50 Capital Outlay ........................... 747.20 SCHOOLS - ADULT BASIC EDUCATION g83000 Personal Services ........................ Supplies ................................. Travel ................................... Fixed Charges ............................. Other Related Expenses ..... .............. (25.77) 394.26 (73.98) 44.69 150'.00 SCHOOLS - DIRECT INSTRUCTION FOR ADULT LEARNERS ~84000 Personal Services ........................ Supplies ................................. Fixed Charges ............................ Capital Outlay ........................... 4,317.37 230.81 1,442.36 259.21 SCHOOLS - PROJECT SECOND STEP, P. L. 89-10, Title I ~86000 Personal Services ........................ 25,269.23 Supplies ................................. 3,828.30 Health Services .......................... 484.03 Travel ' . ...................... 2,158.07 Fixed Charges ............................ 12,604.01 Community Services ....................... 160.75 SCHOOLS - ARTIST - IN-RESIDENCE PROGRAM ~87000 Supplies ................................. Other Costs .............................. 974.14 1,828.00 SCHOOLS - PRESCHOOL HEARING IMPAIRED =88000 Personal Services ........................ Supplies ................................. Travel ............................ Equipme~; ~;~;ir : Fixed Charges ............................ Capital Outlay ........................... 16,926.80 72.13 27.4O 247.35 2,195.61 57.10 SCHOOLS- P. L. 89-10, Title II, LIBRARY BOOKS AND MATERIALS ¢'92000 Library Books and Audio-Visual Materials ............................... 5,611.28 SCHOOLS - P. L. 89-10, Title II, LIBRARY BOOKS AND MATERIALS ~93000 Library Books and Audio-Visual Materials .............. ' .................... $ 6,861.68 SCHOOLS - P. L. 89-10, TITLE I, SUMMER 1973 ~94000 PerSonal Services ........................... Supplies ......................... Attendanc; ~;r~c;~ '..i. .i ..... Health Services ............................. Travel ...................................... Maintenance of Plant ........................ Fixed Charges ............................... Food Services ............................... Community Services .......................... SCHOOLS - P. L. 92-318, EMERGENCY SCHOOL ASSISTANCE 101,149.70 9,450.00 1,000.00 350.00 6,409.30 825.00 8,931.67 20,256.00 567.00 ACT =95000 Personal Services ......................... Supplies and ServiCes . ] . . Travel ...................................... Fixed Charges ............................... 271,374.00 4,825.00 300.00 25,705.00 BE IT FURTHER ORDAINED that, an emergency existinq, this ordinance shall be in effect from its passaqe. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1973. No. 21047. AN ORDINANCE to amend and reordain Section =91, "Non - Departmental," of the 1973-74 Appropriation Ordinance, and providin9 for an emer§ency. WHEREAS, for the usual daily operation of the Municipal Government of th City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by tion =91, "Non - Departmental," of the same is hereby, amended and reordained NON - DEPARTMENTAL ~91 Offender Aid and Restoration BE IT FURTHER ORDAINED that, an emergency be in effect from its passaqe. ATTE ST: the Council of the City of Roanoke that Sec- 1973-74 Appropriation Ordinance, be, and the toread as follows, in part: ............... $7,852.00 existing, this Ordinance APPROVED shall Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of JulY, !973. _ No. 21048. AN ORDINANCE to amend .and reordain ,Section =37, "Public Assistance," of the 1973-74 Appropriation Ordilnanc. e, and ip.~dqiding for an emergency. WHEREAS, for the usual idali!y- operatlion of the Municipal Government of th City of Roanoke, an emergency is. ~dec!ared to .e.x~st. 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 r'e'ad as follows, in part: PUBLIC ASSISTANCE =37 Aid to Blind (1) 100% ................... $ 19,685.00 Foster Care (2) 50% ............. 603,782.00 Cuban Refugee (3)10~' ~ ~ ~ .00 General Relief (4) 62~% .'' 'i. .~ ........ 195,313.00 (1) Net decrease (2) Net increase (3) Net decrease (4) Net decrease $ 528.00 ........ 12,590.00 .... 2,500.00 281,527.00 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 30th day of July, 1973. No. 21049. A RESOLUTION directing the transmittal to the State Water Contiol Board of a report of an independent design study and assessment made of certain sewage treatment plant improvements. WHEREAS, pursuant to not~ce of the State Water Control Board given to the City under date of November 17, 1972, the City employed the services of Roy F. Weston, Inc., environmental scientists and engineers, to make a complete study and design assessment of the City's plans for certain long-range improvements to its sewage treatment plant, including recommendations as to adequacy of margins of ca- pacity; and WHEREAS, said consultants have made their studies and analysis and have reported thereon to the City, under date of July 16, 1973, the report containing certain recommendations of said engineers; and the City has received, also, copy of letter comments of its regular engineering consultants, Alvord, Burdick 5 Howson] with reference to said report and relative to the long-range improvements so assess- ed and reported on, all of which has been considered by the Council and the City Manager. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager do transmit to the State Water Control Board copies of the report of Roy F. Weston, /nc., environmental scientists and engineers, made to the City under date of July 16, 1973, and copy of the letter comments thereon dated July 19, 1973, made by Alvord, Burdick 5 Howson, Engineers, to Roy F. Weston, Inc. BE IT FURTHER RESOLVED that this Council doth hereby assure the State Water Control Board of its continued cooperation in this matter and of its willing-~ ness and desire that representatives of the City meet with said Board, or with members of its staff, to review the findings of the above report and all matters related thereto. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1973. No. 21050. AN ORDINANCE authorizing certain contracts to be entered into with cer- tain hospitals to provide hospitalization and treatment of indigent or medically indigent patients; fixing the rates to be paid each such hospital for such service during Fiscal Year 1973-1974; and providin9 for an emergency. WHEREAS, the City Manager has advised the Council by report dated July 30, 1973, that the State Department of Welfare and Institutions has established certain new rates for the treatment by hospitals of indigent and medically indigent patients, to be effective July 1, 1973, and, thereafter, during the City's Fiscal Year 1973-1974, and contracts have been prepared on Standard Form H-1158 (Rev. 6/71 to be entered into between the City and each hospital hereinafter named establishin and fixing the rates to be effective with each said hospital as hereinafter set out for services so rendered after said date; and WHEREAS, funds were appropriated by the Council on June 25, 1973, in amounts deemed sufficient to pay the costs estimated to be incurred by the City un- der each said contract, and, for the usual daily operation of the municipal govern- ment, an emergency is declared to exist in order that this ordinance be effective upon its passage and retroactive in its effect to July 1, 1973. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed, for and on behalf of th City, to agree and enter into contract with each of the hospitals hereinafter men- tioned, on Standard Form of Contract H-1158 (Rev. 6/71), approved by the State Department of Welfare and Institutions, providing for said hospital's hospitaliza- tion and treatment and inpatient care of the City's indigent and medically indigen patients at the following rates, commencing as of July 1, 1973, viz.: Burrell Memorial Hospital $63.40 per day Community Hospital of Roanoke Valley $55.64 per day Gill Memorial Hospital $63.40 per day M~edical College of Virginia $81.28 per day Roanoke Memorial Hospitals $61.94 per day Shenandoah Hospital $58.04 per day University of Virginia Hospital $81.28 per day Roanoke Memorial Rehabilitation Center $44.18 per day BE IT FURTHER ORDAINED that each aforesaid contract, provide, further, for the City's payment for outpatient and/or emergency room service for its indi- gent or medically indigent patients at the all-inclusive rate of $8.00 per visit. BE IT~ FINALLY ORDAINED that, an emergency existing, this ordinance shall be effective upon its passage and shall be retroactive in its effect to July 1, 1973. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1973. No. 21051. A RESOLUTION authorizing the City Attorney to represent certain members of the City's Police Department in certain civil proceedings brought against said police officers, upon the said police officers' request for such representation. WHEREAS, it has been reported to the Council that civil actions for com- pensatory damages have been brought against H. J. Heath and John S. Barrett, mem- bers of the City's Police Department, said actions growing out of the performance of the police duties regularly assigned said police officers, and the Council desires to provide the authorization hereinafter contained. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, upon request being made therefor by the said police officers, the City Attorney be and he is hereby authorized to provide legal representation for H. J. Heath and John S. Barrett, members of the City's Police Department, in connection with pend- ing civil actions for compensatory damages brought against said police officers by one Charles B. Warren, Petitioner, in the United States District Court for the Western District of Virginia, Roanoke Division. AP'PROVED A TTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1973. No. 21052. A RESOLUTION rejecting all bids received for remodeling of the Norwich Park Recreation Center. WHEREAS, on June 25, 1973, and after due and proper advertisement had been made therefor, two (2) bids for remodeling of the Norwich Park Recreation Cen- ter were received and opened before the Council and were thereafter referred to a committee appointed for the purpose, which bids were, thereafter tabulated and studied by said committee which has made written report, and recommendation to the Council through the City Manager after which the Council, upon mature consideration concluded that all such bids should be rejected. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that all bids heretofore received by the City on June 25, 1973, for remodeling of the Norwic Park Recreation Center be and the same are hereby REJECTED; the City Clerk to so notify all said bidders and to express to each the City's appreciation of said bids ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of July, 1973. No. 21053. AN ORDINANCE amending and reordaining Chapter 5.1. Air Pollution Control, of Title XV, of the Code of the City of Roanoke, 1956, as amended, being Ordinance No. 18976, adopted December 15, 1969, by enactment of a new ordinance to be known and cited as the City of Roanoke Air Pollution Control Ordinance, 1973, regulating or prohibiting the emission of certain air pollutants in the City and certain pro- ducts of combustion; regulating the construction, installation, alteration, recon- struction or repair of certain fuel-burning or combustion equipment; providing for the approval and issuance of applications for certain permits; providing for an Air Pollution Control Advisory Board and for an Air Pollution Control Appeal Board providing penalties for the violation of the provisions of this ordinance; provid- ing for the condification of this ordinance into the Code of the City of Roanoke, 1956, as amended, as Chapter 5.1.1. Air Pollution Control, of Title XV of said Code; and providing for an emergency. WHEREAS, the City Manager considering necessary amendments of the City's regulations for air pollution control as contained in Chapter 5.1. Air Pollution Control, Title XV, of the Code of the City of Roanoke, 1956, as amended, has recom. mended to the Council the adoption of an ordinance amending and reordaining Chapte 5.1, aforesaid, in its entirety, the new mgulations to be contained in said ordi- nance being attached to the report of said City Manager dated July 23, 1973, on file in the office of the City Clerk; and WHEREAS, the City Manager has advised the Council that the State Air Pollution Control Board, having considered the proposed new regulations, approved the same; and WHEREAS, for the immediate preservation of the public health and safety the Council deems an emergency to exist and that this ordinance should take effect upon its adoption. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 5.1. Air Pollution Control, Title XV, of the Code of the City of Roanoke, 1956, as amended, being Ordinance No. 18976, adopted December 15, 1969, be, and is hereby amended in its entirety and reordained as Chapter 5.1.1. Air Pollution Con- trol, Title XV, of the Code of the City of Roanoke, 1956, aforesaid, to read and provide as follows: Chapter 5.1.1. Air Pollution Control SECTION 1. SHORT TITLE This ordinance shall be known and may be cited as the City of Roanoke Air Pollution Control Ordinance 1973. SECTION 2. AUTHORITY AND DECLARATION OF POLICY Pursuant to Sec. 10-17.30 of the Code of Virginia of 1950, as amended, there is hereby established in the City of Roanoke an air pollution control program for th'e purpose of preserving, protectin9 and improving the air resources of the City of Roanoke so as to promote health, safety, and welfare, prevent injury to human health, plant and animal life and property, foster the com- fort and convenience of its inhabitants and, to the greatest de- gree practicable, facilitate the enjoyment of the natural attrac- tions of the City of Roanoke. To the maximum extent possible, such air pollution control program shall be conducted in coopera- tion with similar programs of other local jurisdictions and of the State and Federal governments. In the administration and enforcement of this ordinance due re- gard shall be taken for all of the facts and circumstances bearing upon the reasonableness of the activity involved and the regula- tions proposed to control it, including: (1) The character and degree of injury to, or interference with safety, health or the reasonable use of property which is caused or threatened to be caused; (2) The social and economic value of the activity involved; (3) The suitability or unsuitability of such activity to the area in which it is located; and (4) The practicability, both scientific and economic, of reducing or eliminating the discharge resulting from such activity. Provisions of this ordinance are intended to be a re-emphasis of, or a more stringent local application of, State Rules as adopted, or as may be adopted by the State Air Pollution Control Board pursuant to the Air Pollution Control law of Virginia, Title 10, Chapter 1.2, Sec. 10-17.10 through Sec. 10-17.30 of the Code of Virginia of 1950, as amended. SECTION 3. DEFINITIONS The following definitions shall apply to these words when used in this Ordinance: AIR POLLUTION. The presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human health, welfare or safety, to animal or plant life, or to property, or which unreasonably interfer with the enjoyment by the people of life or property. AIR POLLUTION EMERGENCY EPISODE. Meteorological conditions, gen- erally temperature inversion, that reduces the effective volume of air which the contaminants are diluted and as a result air pollution may reach levels that would cause imminent and substan- tial endangerment to the health of persons. AIR QUALITY. The specific measurement in the ambient air of a particular air contaminant at any given time. AIR TABLE. A source consisting of a device using a gaseous separating medium for the primary purpose of improving the product quality. AMBIENT AIR. The surrounding or outside air. AMBIENT AIR QUALITY STANDARD-PRIMARY. Air quality which, allowing an adequate margin of safety, is requisite to protect the public health. AREA SOURCE. Any small residential, governmental, institutional, commercial, or industrial fuel combustion operations; onsite waste disposal facility; motor vehicle, aircraft, vessels, or other transportation facilities, or other miscellaneous sources. BOARD. The Roanoke City Air Pollution Advisory and Appeal Board. CITY. City of Roanoke. COMBUSTION INSTALLATION. A source consisting of any furnace, oven, kiln, incinerator, fuel burning equipment, or any other stationary equipment in which solid, liquid, or gaseous materials are burned. COMMENCING NEW SOURCE. Any substantial financial commitment relating to design criteria concerning preparation of a new site, or the beginning of a modification. (See definition of Existing Source, Modification and New Source.) CONSTRUCTION. Fabrication, erection, or installation of a source. CONTAMINANT. Smoke, dust, soot, grime, carbon, or any other partic- ulate matter, radioactive matter, noxious gas, acids, fumes, gases, odor, vapor, or any combination thereof. CONTROL PROGRAM. Control program submitted to the Board, volun- tarily or upon request of the Board, by the owner ~ an existing and/or proposed new source, to establish pollution abatement goals and time schedules to achieve such goals, so as to ensure compli-' ance by the owner with standards, policies and regulations adopted by the Board. The control program will include such system and equipment information and projected operating performance as is required by the Board for evaluation of the probability of achiev- ing goals of the control program. DEPARTMENT. The City of Roanoke Department of Air Pollution Controil DIRECTOR. The Director of the Department of Air Pollution Control as appointed by the City Manager. DUST Solid particles projected into the air by natural forces such as wind, volcanic eruption, or earthquake, and by mechanical or manmade process such as crushing, grinding, milling, drilling, demolition, shoveling, conveying, screening, bagging, and sweeping. EFFLUENT WATER SEPARATOR. Any source consisting of any tank, box, sump, or other container in which any volatile organic compound floating on or entrained or contained in water entering such tank, box sump, or other container is physically separated and removed from such water prior to outfall, drainage, or recovery of such wa te r. EXISTING SOURCE. Any source which is in being or is defined as a commencing new source on the effective date of these regulations or on which construction or modification has been commenced; ex- cept that any such existing source or any emission point from such existing source (where such source involves multiple emission points) which is modified after the effective date of these reg- ulations shall be reclassified as a "new source." (See defini- tion of Commencing New Source or Modification.) FLY ASH. Particulate matter capable of being gas-borne or air- borne and consisting of fused ash and partially burned or un- burned fuel or other material from a combustion installation. FOUNDRY CUPOLA. A shaft type furnace used for melting of metals, consisting of, but not limited to furnace proper, tuyeres, fans, or blowers, tapping spout, charging equipment, gas cleaning de- vices and other auxiliaries. FOUNDRY OPEN HEARTH. A furnace in which the melting and refining of metal is accomplished by the application of heat to a saucer type or shallow hearth in a closed chamber, consisting of, but not limited to, the furnace proper, checkers, flues, and stacks and other auxiliaries. FUEL-BURNING EQUIPMENT. A source consisting of any furnace, and all appurtenances thereto, used in the process of burning fuel for the primary purpose of producing heat or power by indirect heat transfer. FUGITIVE DUST. Solid airborne particulate matter or dust emitted from any source other than a flue or stack. FUMES. Minute particulate matter generated by the condensation of vapors from solid matter after volatilization from the molten state, or generated by sublimation, distillation, calcination or chemical reaction when these processes create airborne particles. FURNACE. An enclosed space provided for combustion. GASOLINE. Any petroleum distillate having a Reid vapor pressure in the range of four (4) to fifteen (15) pounds at 100 degrees F. GASES. Formless fluids which, under §tandard conditions, occupy the space of enclosure and which can b'e changed to the liquid or solid state only by the combined effect of increased pressure and decreased temperature. HAZARDOUS AIR CONTAMINANT. An air contaminant to which no ambient air quality standard is applicable and which may cause, or contri- bute to, an increase in mortality or an increase in serious irre- versible, or incapacitating reversible, illness. HEATING VALUE. The heat released 5y combustion of one pound of fuel or other material measured in British Thermal Units (BTU) on an as received basis. INCINERATOR. Any source consisting of a furnace and all appur- tenances thereto designed for the destruction of refuse by burn- ing. "Opening Burning" is not considered incineration. For purposes of these rules, the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack shall be considered incineration. MANUFACTURING OPERATION. Any source consisting of any process or combination of physically connected dissimilar processes which is operated to effect physical and/or chemical changes in an article. MATERIALS HANDLING EQUIPMENT. Any source consisting of any equip- ment used as a part of a process or combination of processes which does not effect a physical or chemical change in the material or in an article, such as, but not limited to, conveyors, elevators, feeders or weighers. MELT TIME. The time in which the metal is melting and available at the spout or tap hole, excluding any time the equipment is idle, preheating or preparing for shutdown. MIST. A state of atmospheric obscurity produced by suspended liquid droplets. MOBILE SOURCES. Any vehicle, including, but not limited to, any motor vehicle, truck, or other land craft, air craft, locomotive, bus or ship, rail vehicle, or water craft, which emits or may emit any air contaminant. MODIFICATION. Any physical change in, or change in the method of operation of, a stationary source which increased the amount of any air contaminant (to which a standard applies) emitted by such source or which results in the emission of any air contaminant (to which a standard applies) not previously emitted, except that: (1) (2) Routine maintenance, repair and replacement shall not be considered physical changes, and The following shall not be considered a change in the method of operation: (i) A change in the production rate, if such change does not increase the emission of contaminants (to which a standard applies) or which results in the emission contaminants (to which a standard applies) not pre- viously emitted; (ii) An increase in hours of operation; (iii) Use of an alternative fuel or raw material if prior to the date of these regulations the source was de- signed to accommodate such alternative use. (See definition of Commencing New Source or Modification, Existing Source, and New Source.) MOTOR VEHICLE. Any powered conveyance normally licensed by the Virginia Division of Motor Vehicles. NEW SOURCE. Any source the construction or modification of which is commenced on or after the effective date of these regulations; or for the specific stationary sources covered by the "Federal Standards of Performance for New Stationary Sources," the date promulgated will apply; and any source relocated from an approved site. (See definition of Commencing New Source or Modification, Existing Source.) ODOR. The sensation resulting from stimulation of the human sense of smell. OPEN BURNING. The burning of any matter in such a matter that the products of combustion resulting from the burning are emitted directly into the ambient air without passing through a stack, duct, or chimney. OWNER. State, a county, sanitary district, municipality, political subdivision, a public or private institution, corporation, asso- ciation, firm or company organized or existing under the laws of this or any other state or county, lessee, or person otherwise in possession of property, any person or individually or as a group. PARTICULATE MATTER. Any material, except water in uncombined form, that is airborne and exists as a liquid or a solid at standard con- ditions. Particulate matter is sometimes hereinafter referred to as "Particulate." PERSON. Any individual, corporation, cooperative, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this State or any legal successor, representative, agent or agency of the foregoing. PHYSICALLY CONNECTED. Any combination of processes connected by materials handling equipment and designed for simultaneous com- plenentary operation. POINT SOURCE. (1) Any stationary source causing emissions in excess of 100 tons per year of any contaminant for which there is a national standard in a region containing an area whose 1970 "urban place" population, as defined by the U. S. Bureau of the Census, was equal to or greater than 1 million, (2) Any stationary source causing emissions in excess of 25 tons per year of any contaminant for which there is a national standard in a region containing an area whose 1970 "urban place" population, as defined by the U. S. Bureau of the Census, was less than 1 million, (3) Without regard to amount of emissions, sta- tionary sources such as those listed in Appendix C. Major Pollutant Source on page 15497 of the Federal Register, Volume 36, No. 158 dated August 14, 1971. PROCESS OPERATIONS. Any source consisting of any.method, form, action, operation, or treatment of manufacturing or processing, and shall include any storage or handling of materials or pro- ducts before, during or.after manufacturing or processing. PROCESS UNIT. Any step in a manufacturing operation which results in the emission of contaminants to the atmosphere. PROCESS WEIGHT. Total weight of all materials introduced into any source process unit which may cause any emissions of con- taminants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for fuels. PROCESS WEIGHT RATE. A rate established as follows: (a) For continuous or long-run steady-state source operations, the total process weight for the entire period of continuous operations or for a typical portion thereof, divided by the num- ber of hours of such period or portion thereof. (b) For cyclical or batch unit operations, or unit processes, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period. Where the nature of any process operation or the design of any equipment is such as to permit more than one interpretation of this definition, the interpretation which results in the minimum value for allowable emission shall apply. PRODUCTION RATE. The weight of final product obtained per hour of operation. If the rate of product going to storage can vary, the production rate shall be determined by calculation from the feed rates, of raw material. REFUSE. Includes garbage rubbish and trade waster: (1) Garbage. Animal and vegetable matter such as that orig- inating in houses, kitchens, restaurants, and hotels, produce markets, food service or processing establish- ments, greenhouses, and hospitals, clinics or veterinary facilities. (2) Rubbish. Solids not considered to be highly flammable or explosive such as, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, 7ard trimmings, furniture, metal food containers, glass, crockery, masonry, and other similar materials. (3) Trade Waste. All solid or liquid material resulting from construction, building operations, or the prosecution of any business, trade or industry such as, but not limited to, plastic products, chemicals, cinders and ot~ r forms of solid or liquid waste materials. RINGELMANN CHART. A chart published as U. S. Bureau of Mines Information Circular 8333, dated May, 1967. SALVAGE OPERATIONS. Any source consisting of an business, trade or industry engaged in whole or in part salvaging or reclaiming any product or material, such as, but not limited to, reprocess- ing of used motor oils, metals, chemicals, shipping containers, or drums, and specifically including automobile graveyards and junkyards as defined in the Roanoke City Code. Tit. 15, C. 4.1, Sec. 79.1. SCREENING EQUIPMENT. Any equipment or device designed or used for the purpose of effectin9 particle size separations of materials. SMOKE. Small gasborne particulate matter consisting predominantly but not exclusively of carbon, ash and other material in concentrations sufficient to form a visible plume. SOILING INDEX. A measure of the soiling properties of suspended particle in air determined by drawing a measured volume of air through a known area of Whatman No. 4 filter paper for a measured period of time (normally two hours) expresses as COH's/iO00 linear feet. SOURCE. Any and all points of origin of emission of air contaminants, whether privately or publicly owned or operated, or person contributing to emission of air contaminants. Without limiting the generality of the foregoing, this term includes all types of business, commercial and industrial plants, works, shops and stores, and heating and power plants or stations, buildings and other structures of all types. STACK OR CHIMNEY· Any flue, conduit, or duct arranged to conduct emissions into the atmosphere. STANDARD CONDITIONS. Dry gas temperature of 70 degrees Fahrenheit and a gas pressure of 14.7 pounds per square inch absolute. STANDARD OF PERFORMANCE. Degree of air contaminant emission limita- tion achieveable through the application of the best system of emission reduction which the Board determines has been adequately demonstrated. STATIONARY SOURCE· Sources other than mobile sources. SUBMERGED FILL PIPE. Any fill pipe the discharge opening of which is entirely submerged when the liquid level is 6 inches above the bottom of the tank; or when applied to a tank which is loaded from the side, shall mean that the fill pipe is adequately covered at all times during normal working of the tank. SUPERPHOSPHATE. The product resulting from a controlled reaction between sulfuric acid and phosphate rock which has agronomic value. THERMAL DRIER. A device using fuel burning equipment for the primary purpose of reducing the moisture content of materials. VOLATILE ORGANIC COMPOUND. Any compound, containing carbon and hydro- 9eh or containing carbon and hydrogen in combination with any other element, which has a vapor pressure of 2.5 pounds per square inch absolute or 9rearer under actual storage conditions. (Kerosene and fuel oil used for household heating have vapor pressures of less than 1.5 pounds per square inch absolute under actual storage condi- tions; therefore kerosene and fuel oil are not considered as Volatile Organic Compounds.) Unless specifically defined herein the technical terms used in this chapter have the meaning commonly ascribed to them by recognized authorities. SECTION 4. ADVISORY AND APPEAL BOARD The Air Pollution Control Advisory Board consisting of five members appointed by the City Council shall continue in office for respective terms of their appointment and they, and their successors, shall upon the enactment of this ordinance constitute the Air Pollution Control Advisory and Appeal Board provided for in the section and hereinafter termed "Board." Annually hereafter on or before the first day of January of each year, the council shall appoint a member or members of such board to fill the vacancy or vacancies caused by the expiration of the term or terms of office of any member or members, and such member or members then appointed shall hold office for a term of four years from the first day of January of the year of his appointment. If any vacancy shall occur on said board caused by resignation or any other reason other than expiration of term, the Council shall appoint a member for the remainder of such term. Members of the board shall serve without remuneration for their services but may be reimbursed for expenses necessarily and actually incurred in the performance of their duties as members of such board. The members of said Board shall be residents of the city and shall have no interest in the sale or control of any air pollution control equipment or apparatus. No member of the Board shall otherwise serve in an elected or appointed position in the government of the city, and, in addition, shall not be an "owner" or have any interest in, or be a director or employee or have any other connection with any "owner" who is operating equipment, at time of his appointment, under a variance granted under Section 12 of said Chapter. At its first meeting after January first of each year the Board shall elect from its membership a chairman, a vice-chairman and a secretary, each of whom may succeed themselves. The Board shall maintain minutes of its meetings and hearings. The Board shall act as advisor on matters of air pollution control to the City Council, City Manager, and the Director. The Board shall also serve in matters of appeal as hereafter provided and shall re- view any appeal made in writing by any person dissatisfied with any decision of the Director. The Board may prepare such rules and regulations as may be deemed necessary for them in the discharge of their duties. SECTION 5. POWERS· In addition to any other powers vested in it by law the Department of Air Pollution Control shall: Conduct studies, investigations and research relating to air pollution and its prevention, abatement, and control: Issue such orders not inconsistent with the provision of this ordinance, as may be necessary to effectuate the purposes of this ordinance and enforce the same by all appropriate adminis- trative and judicial proceedings; Hold hearings relating to any aspect of or matter in the admin- istration of this ordinance: Secure necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract or otherwise; Prepare and develop a comprehensive plan or plans for the prevention, abatement and control of air pollution: Advise, consult and cooperate with other local governmental units, agencies of the state, industries, interstate or interlocal agencies and the Federal Governments, and with owners; Review those matters havin9 a bearing upon air pollution referred by other agencies of the city (such as Planning, Zoning, Building, and Fire Departments) and make reports, includin9 recommendations to the referring agencies with respect thereto; Collect and disseminate information and conduct educational and training programs relating to air pollution; Encourage voluntary cooperation by owners of affected groups to achieve the purposes of this ordinance: Subject to procedure of authorization for application and accounting of the city; receive and administer 9rants or other funds or gifts from public and private agencies, including the State and Federal Governments, for the purpose of carrying out any of the functions of this ordinance; and Do any and all acts which may be necessary for the successful prosecution of the policy of this ordinance and such other acts as may be specifically enumerated herein. SECTION 6. REPORTING OF INFORMATION Owners engaged in operations which may result in air pollution shall, if so required by the Department, file with the Department reports containing information as to: (1) Location and description of source; (2) rate, duration and composition of pollutant emission; and (3) such other information relating to air pollution control as the Department may require. SECTION 7. INSPECTIONS AND TESTS Any duly authorized officer, employee, or representative of the Department may enter and inspect any property, premise of place at any reasonable time for the purpose of investigating or test- in9 either an actual or suspected source of air pollution, or of ascertaining the state of compliance with this ordinance and regulations enforced pursuant thereto. No owner shall refuse entry or access to any authorized representative of the Department who requests entry for the aforementioned purposes; and who presents appropriate credentials; nor shall any owner obstruct, hamper or interfere with any such inspection. If entry is re- fused then a search warrant shall be obtained from a court of competent jurisdiction to carry out necessary duties of authorized officer, employee, or representative of the Department. When an emissions violation is cited by the Department and is considered to be unjust by the alleged violator, it shall be the responsibility of the alleged violator to have tests made by a testing laboratory mutually acceptable to the Department and alleged violator, to determine if a violation exists. If, a violation is thereby confirmed to exist the offending party will pay all testing cost, if no violation is found to exist the city will pay the cost of the testing laboratory above. SECTION 8. EMISSIONS PROHIBITED a. Visible emissions· (1) An owner shall not discharge into the outdoor atmosphere from any single source of emission whatsoever any air pollutant which is (a) darker in shade than designated as No. 1 on the Ringelmann Smoke Chart, or (b) of such opacity as to obscure an observer's view to a degree greater than does smoke designated as No. 1 on the Ringelmann Smoke Chart: provided however, that if an owner can show to the satisfaction of the Director that an emission of particulate matter complies with the requirement of subsection b, herein- after provided, for indirect heating furnaces or in- cinerators, this limitation shall not apply. (2) The provisions of this subsection a. (1) above shall not apply to: (a) smoke emitted when cleaning a fire box, blowin9 soot from a boiler, building a new fire, may be darker than No. 1 of the Ringelman Chart, but in no cases darker than Ringelmann No. 3 for a period of periods aggre- gating not more than 4 minutes in any 60 consecutive minutes, or When operational requirements occur which make it evident that the emission was not reasonably preventable. (b) Smoke resulting from any fire ignited solely for the purpose of training or for 'research in fire protection or prevention. (3) Notwithstanding the exemptions mentioned in this subsection, visible emissions which create a nuisance at ground level past the lot line of the property on which the source of the emissions is located are prohibited. Emission of Particulate Matter from Fuel Burning Equipment· (1) No owner or other person shall cause, suffer, or allow to be emitted into the outdoor atmosphere from any indirect heating furnace, or to pass a convenient measurin9 point near the stack outlet, particulate matter in the flue gases to exceed the appropriate following standard: (a) For operations with total heat input less than twenty- five million (25 x 106) BTU per hour, the maximum allow- able emission shall be 0.4 pounds of particulate per million BTU input. (b) For operations with total heat input between twenty- five million (25 x 106) and ten billion (10,000 x 106) BTU per hour, the maximum allowable emission, in pounds per million BTU input, E, shall be determined by the following equation: E=0.8425 H 0.2314, where H is the total heat in millions of BTU per hour. (c) For operations with total heat input in excess of ten billion (10,000 x 106) BTU per hour, the maximum allow- able emission shall be 0.10 pounds of particulate per million BTU input. (d) *Figure 1 illustrates the above emission standards. (2) For purposes of this regulation, the heat input shall be the aggregate heat content of all fuels whose products of combustion pass through a stack or stacks. The heat input value used shall be the equipment manufacturer's or de- signer's guarantee maximum input, or maximum continuous heat input, or maximum continuous heat input determined by test, whichever is applicable. The total heat input of all fuel burning units at a plant or on a premise normally op- erated simultaneously shall be used for determining the maximum allowable amount of particulate matter which may emitted. (3) The burning of refuse in indirect heating furnaces is pro- hibited except in equipment from which no visible emissions in excess of that permitted by subsection a. of this section and no particulate matter in excess of that permitted by subsection b. of this section are emitted, and no objection- able odors arising from the installation are detectable be- yond the premises on which the installation is located. (4) Incinerators shall not discharge particulate matter in ex- cess of .14 grains per standard cubic foot of dry flue gas corrected to 12% carbon dioxide (without the contribution of auxiliary fuel.) This limitation shall be based upon the incinerator operating at design capacity. Flue fed incinerators (those which use the same flue for feeding the refuse and discharging the gases of combustion) are prohibited for incineration use. (5) Stack emission tests for particulate matter shall be under- taken by generally recognized standards or methods of measure- ment. Methods found in the A.S.M.E. Test Code for Dust Sep- arating Apparatues, PTC 21-1941, the A.S.M.E. Test Code for determining Dust Concentrations in Gas Streams, PTC 27- 1957, and the Los Angeles County Source Testing Manual shall be used, but these may be modified or adjusted by the Dir- ector to suit specific sampling conditions or needs based upon good practice, judgment and experience. C. Control of Fugitive Dust No person shall cause, suffer, allow or permit any material to be handled, transported, or stored; or a building, its appur- tenances, or a road to be used, constructed, altered', repaired or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne. Such reasonable precautions may include, but are not limited to the following: (1) Use, where possible, water or chemicals for control of dust in the demolition of existing building or structures, construction operation, the grading of roads, or the clear- ing of land; (2) Application of asphalt, oil, water or suitable chemicals on dirt roads, materials, stockpiles, and other surfaces which can create airborne dust; (3) Installation and use of hoods, fans and fabric filters to enclose and vent the handling of dusty materials. Ade- quate containment methods shall be employed during sandblast- ing or other similar operations; (4) Open equipment for conveying or transporting materials likely to become airborne which would create objectionable air pollution shall be covered, or treated in an equally effective manner at all times when in motion. (5) The paving of roadways and their maintenance in a clean condition; (6) The prompt removal of dirt or other material from paved streets over which such material has been transported by trucking or earth moving equipment or erosion by water. *FIGURE I (See Original Ordinance, .page 16.) Restriction of Emission of Particulate Operations. Matter from Manufacturing (a) General Provisions (1) (2) (3) Unless covered by a specific regulation for a particular process in a subsequent section of this Rule no person shall cause, suffer, allow or permit the emission of par- ticulate matter in any one hour from any process unit in excess of the amount shown in Table I for the process weight rate allocated to such process unit. Emission tests relating to this rule shall be made by. gen- erally recognized standards or methods of measurement. Methods can be found in the ASME Test Code for Dust Sep- arating Apparatus (PTC 21-1941) and the ASME Test Code for Determining Concentration in Gas Streams (PTC-27-1957). But these may be adjusted or changed by the Board to suit specific samplin9 conditions or needs based upon §ood practice, judgment and experience. When such tests are adjusted, consideration shall be given to the effect of such change or established emission standards. Interpolation of the data in Table I for process weight rates up to 60,000 lb/hr, shall be accomplished by use of the equation E=4.10 P 0.67, and interpolation and ex- trapolation of the data for process weight rates in excess of 60,000 lb/hr, shall be accomplished by the use of the equation E--55.0 P 0.11-40, where E=rate of emission in lb/hr and P--process weight rate in tons/hr. TABLE I. PROCESS WEIGHT RATE lb/hr. Tons/hr. 100 0.05 200 0.10 400 0.20 600 0.30 8OO 0.40 1000 0.50 1500 0.75 2000 1.00 2500 1.25 3000 1.50 35O0 1.75 4O0O 2.OO 5OOO 2.5O 6000 3.00 7000 3.50 8000 4.00 9000 4.50 10000 5.00 12000 6.00 16000 8.00 18000 9.00 20000 10.00 30000 15.00 40000 20.00 50000 25.0C 60000 30.00 70000 35.00 80000 40.00 90000 45.00 100000 50.00 120000 60.00 140000 70.00 160000 80.00 200000 100.00 1000000 500.00 2000000 1000.00 6000000 3000.00 MAXIMUM ALLOWABLE EMI SS ION RATE lb/hr. 0.551 0.877 1.40 1 · 83 2.22 2.58 3.38 4.10 4.76 5.38 5.96 6.52 7.58 8.56 9.49 10.4 11.2 12.0 13.6 16.5 17.9 19.2 25.2 30.5 35.4 40.0 41.3 42.5 43.6 44.6 46.3 47.8 49.1 51.3 69.0 77.6 92.7 (4) Process weight per hour is the total weight of all materials introduced into any specific process unit that may cause any discharge of particulate matter. Solid fuels charged will be considered as part of the process weight, but liquid and gas- eous fuels and combustion air will not. For a cyclical or batch operation, the process weight per hour will be derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any §iven process to the completion thereof, excluding any time during which the equipment is not in service. For a continuous operation, the process weight per hour will be derived by dividing the process weight for a typical period of time. (5) (6) (7) Where the nature of any process or operation or the design of any equipment is such as to permit more than one inter- pretation of this regulation, the interpretation that re- sults in the minimum value for allowable emission shall apply. For purposes of this regulation, the total process weight for each individual process unit at a plant or premises shall be used for determining the maximum allowable emiss- ion of particulate matter that passes through a stack or stacks. This rule does not apply to fuel burning equipment as de- fined in Section 3. (1) (2) Particulate Emission Standards for Hot Mix Asphalt Plants. No person shall cause, suffer, allow or permit particulate matter resulting from the operation of a hot mix asphalt plant to be discharged into the atmosphere in excess of the rates set forth in the following table: Aggregate Process Rate Tons/Hr. Maximum Allowable Emission of Particulate Matter in Lbs./Hr. 5 10 10 16 15 22 20 28 25 31 50 33 100 37 150 40 200 43 250 47 300 and above 50 Linear interpolation shall be used for rates between any two consecutive rates stated in the preceding table. All such airborne particulate matter emanating from the yards, sidings, or roads of such operations shall be controlled as stipulated in Section 8. c. Particulate Emission Standards for Production and Handling of Materials in Sand, Gravel and Crushed Stone Operations. No person shall cause, suffer, allow, or permit any mate- rial to be produced, handled, stockpiled or transported without taking measures to reduce to a minimum any partic- ulate matter from becoming airborne. Where it is practical to measure the emission, the emission shall not exceed the limits established by Table I. All such airborne partic- ulate matter emanating from the yards, sidings or roads of such operations shall be considered fugitive dust, and shall be controlled as stipulated in Section 8. c. All crushers shall be fitted with liquid sprays or other appropriate systems which effectively limits the escape of airborne dust. Vibrating and shaker screens handling dry materials shall be enclosed or fitted with a collector system capable of releasing less than 0.05 grains per standard cubic foot. All feeders, elevators, conveyors, transfer points, discharge points and loading points shall be equipped with collectors, sprays or other means when necessary to minimize the escape of dust. (3) Particulate Emission Standards for Portland Cement Plants. (4) No person shall cause, suffer, allow or permit the partic- ulate emissions from cement plants to exceed the emission limits contained in Table I of this rule. Particulate Emissions for Plants Engaged in the Manufactur- ing of Wood Products. No person shall cause, suffer, allow or permit particulate matter, caused by the working or sanding of wood, to be discharged from any stack, vent or building into the at- mosphere without providing, as a minimum for its collection, adequate duct work and properly designed collectors, or such other devices as approved by the Board. Particulate em- issions shall conform to Table I. If process loading rate cannot be calculated the grain loading shall not exceed 0.05 grains per standard cubic foot of exhaust gas. (5] Particulate Emission Standard from Secondary Metal Operations. No person shall cause, suffer, allow or permit particulate emission from secondary metal operations into the open air excess of the quantity as listed in Table 2, such as: aluminum operations, brass and bronze melting, ferrolalloys, gray iron foundries, lead melting, magnesium meltin9, steel foundries, zinc processes. TABLE 2 ALLOWABLE MASS EMISSION RATE FROM EXISTING SECONDARY METAL OPERATIONS Process Weight Rate (lb./hr.) Stack Emission Rate (lb./hr.) 1,000 or less 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10 000 12 000 16 000 18 000' 2O 000 30 000 40,000 50,000 or more 3 05 4 .70 6 .35 8.00 9.05 11.30 12 90 14.30 15.50 16.65 18.70 21.60 22.80 24.00 30.00 36.OO 42.00 The permissible emission rates as shown in the Table shall apply during the melt time but shall not apply during the time of preheat or preparing for shutdown. The exemption for preheating and shutdown shall be limited to two-twenty minute periods in a given eight-hour period for each furnace unit for existing equipment. (6) Particulate Emission Standard for Light Weight Aggregate Industry. No person shall cause, suffer, allow or permit, the partic- ulate emissions from light weight aggregate plants to exceed the emission limits in Table 3. TABLE 3 ALLOWABLE MASS EMISSION RATE FROM EXISTING LIGHT WEIGHT AGGREGATE PLANTS Process Weight Rate (Tons/Hr.) Emission Rate (Lb. /Hr. ) Process Weight Rate (Tons/Hr.) Emission Rate (Lb ./Hr. ) .05 .10 .20 .30 .40 .50 .75 1.0 1.25 1.50 1.75 2.0 .176 .351 .702 1.053 1.404 1.76 2 64 3 51 4 38 5 27 6 15 7 O2 4.0 14.0 6.0 21 .1 8.0 28.1 10.0 35.1 15 52.7 20 70.2 25 87.8 30 105 35 123 40 140 45 158 5O 176 (7) Particulate Emission Standard for Feed Manufacturing Operations. No person shall cause, suffer, allow or permit the partic- ulate emissions from Feed Manufacturing plants to exceed the emission limits in Table 1. (i) The process weight rate entry to be used in the Table 1 for Feed Manufacturing process units shall be considered as the production rate. (ii) The process weight rate entry to be used in Table 1 for Feed Manufacturing Operations involving physically connected dissimilar processes shall be the sum of the process weight rates of each of the dissimilar processes. The materials handling equipment shall not be considered process for determination of pro- cess rate. (a) Toxic Materials. Standards~.) (Reserve for future Emission (b) Corrosive Materials. Emission Standards..) (Reserve for future E. Emission of Gases, Vapors, and Odors · (1) No person shall cause, suffer or allow any emissions of gases, vapors or odors, beyond the property line from which such emissions occur, to be in sufficient quantities and of such characteristics and duration, as is or is likely to be injurious to the public welfare, to the health of human, plant or animal life, or to property, or which interferes with the reasonable use of property. (a) Control The Emission of Sulfur Dioxide from Combustion Installations. (i) No person shall cause, suffer, allow or permit sulf.ur dioxide caused by the combustion of fuel to be discharged from all combustion installation at a given location in excess of the quantity shown on Figure 2, Curve A. In those regions, districts, or locations where attainment of the ambient air quality standards is required, the Board may re- quire emission performance in accordance with *Figure 2, Curve b and/or Curve C. (2) In the absence of appropriate control measures no person shall use products which, either by themselves or due to additives or impurities, result in air pollution. *FIGURE II (See Original Ordinance, page 23.) F. Open Burning (1) Except as provided in paragraph f. (4) no owner or other per- son shall kindle, ignite, cause or permit to be kindled or ignited, or suffer or allow to be maintained any open fire in any public or private place outside any building, nor shall any such owners or other person fail to take all reasonable steps necessary to abate and extinguish, or to cause to be abated or extinguished, any unlawful open fire known by him to exist upon premises in the custody or under this, nor shall such exceptions permit any owners to conduct salvage operations by open burning. (2) Open burning under the exceptions of f. (4) does not exempt or excuse a person from the consequences, damages or injuries which may result from such conduct, nor does it excuse or exempt any person from complying with all applicable laws, ordinances, regulations, and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliances with f. (4). (3) All open burning permitted under f. (4) exceptions shall be immediately terminated upon the declaration by competent authority that the "Alert" stage of an Air Pollution Episode has been reached. (4) Exceptions (a) Open fires may be set in performance of an official duty of any public health or safety officer,.after notification of State and local air pollution control agencies, if the fire is necessary for one or more of the following reasons or purposes: (i) Prevention of a fire hazard which cannot be abated by other means; (ii) Instruction of public fire fighters under the supervision of a designated Fire Marshall; (iii) Protection of public health. (b) Fires may be used for cooking of food, provided no smoke violation or other nuisance is created. (c) Open fires may be set for recreational purposes or for ceremonial occasions, provided no smoke violation or other nuisance is created. (d) Salamanders or other devices providing good combustion may be used for heating by construction or other workers, provided no smoke violation or other nuisance is created. (5) In any prosecution for a violation of this section, any owner, as defined in Section 3 of this ordinance, of any property upon which a unlawful open fire is shown to have been kindled or ignited, shall be presumed to be the person so kindling or igniting such unlawful open fire; provided, however, that such presumption shall be rebuttable by competent evidence. G. Motor Vehicle Emissions (1) No person shall cause, suffer, allow, or permit the removal, disconnection or disabling of a crankcase emission control system or device, exhaust emission control system or device, fuel evaporative emission control system or device, or other air pollution control system or device which has been in- stalled on a motor vehicle in accordance with federal laws and regulations while such motor vehicle is operating in the Commonwealth of Virginia. (2) Nor shall any person defeat the design purpose of any such motor vehicle pollution control system or device by install- in9 therein or thereto any part or component which is not a standard factory replacement part or component of the device. (3) Nor shall the motor vehicle or its engine be operated with the motor vehicle pollution control system or device removed or otherwise rendered inoperable. (4) (5) (6) The provisions of the foregoing paragraphs under Section 8 h. shall not prohibit or prevent shop adjustments and/or re- placements of equipment for maintenance or repair or the conversion of engines to iow pollution fuels, such as, but not limited to, natural gas or propane. No person shall cause or permit the emission of visible air contaminants from gasoline-powered motor vehicles for longer than 5 consecutive seconds after the engine has been brought up to operating temperature. No person shall cause or permit the emission of visible air contaminants from diesel-powered motor vehicles of a density equal to or greater than 20 percent opacity for longer than 5 consecutive seconds after the engine has been brought up to operating temperature. (7) The propulsion engine of a commercial vehicle parked in a business or residential area shall not be left running more than (3) minutes after the vehicle is parked, except when the propulsion engine provides auxiliary service other than for heating or air conditioning. (8) Determination of Violations-Reserve for future system of inspections. SECTION 9. OPERATION OF EQUIPMENT General Any equipment that may produce air pollutants shall not be main- tained in such a manner that a nuisance is created. Nothing in this section of this chapter relating to regulation of emission of air contaminants shall in any manner be construed as authorizing or permitting the creation or maintenance of a nuisance. b. Malfunction of equipment. Emissions exceeding any of the limits established in this chapter as a direct result of unusual conditions in or malfunction of any incinerator or any process, fuel-burning, or control equipment or related operating equipment beyond the control of the person own- ing or operating such equipment shall not be deemed to be in vio- lation of this section, provided that the owner or operator advises the Air Pollution Control Director immediately and within forty- eight hours submits to the Air Pollution Control Director a written statement of the circumstances and outlines a corrective and pre- ventive program acceptable to the Air Pollution Control Director. c. Circumvention· No owner shall build, erect, install or use any article, equipment or other contrivance the soYe purpose of which is to conceal an unlawful emission without resulting in a reduction in the total release of air pollutants into the atmosphere. SECTION 10. ENFORCEMENT Whenever the Department has reason to believe that a violation of any provision of this ordinance or a rule or .regulation issued pursuant thereto has occurred, it may cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of the ordinance, rule or regulation alleged to have been violated, and the facts alleged to constitute a violation thereof, and may order that the necessary corrective action be taken within a reasonable and specified period of time. Any such order shall become final unless, no later than five (5) days after the date such order is served, the owner requests, in writing a hearing before the Department. After such hearing the Department shall affirm, modify, or re- scind its order or issue an appropriate order or orders for the prevention, abatement, or control of the air pollution involved. Such order shall prescribe the date or dates by which the vio- lation or violations shall cease and may prescribe timetables for necessary action in preventing, abating, or controlling the air pollution. At any time after five (5) days following the specified period of time for corrective action or the date or dates of ceasing violation as provided in paragraphs a and b, respectively, of this section, the Department may institute appropriate action to restrain continuation of violation or violations or to re- cover penalty pursuant to Section 14 of this ordinance. Nothin9 in this ordinance shall prevent the Department from makin9 efforts to obtain voluntary compliance through warning, conference, or any other appropriate means; and it is the intent of this ordinance to achieve air pollution control by means of such voluntary methods whenever possible. SECTION 11. EMERGENCY PROCEDURE Notwithstanding the provision of this ordinance or any other provision of law, if the Director finds that any owner is caus- ing or contributing to air pollution and that such pollution creates an emergency which required immediate action to protect the public health or safety he shall order such owner to reduce or discontinue immediately the air pollution and such order shall be complied with immediately. Upon issuance of any such order, the Director, if requested by the person so ordered, shall fix a time and place for a hearing before the Director or his duly authorized representative; such hearing to be held within a reasonable time thereafter. Not more than 24 hours after the conclusion of such a hearing, and without adjournment thereof, the order shall be affirmed, modified or set aside. SECTION 12. VARIANCES Any owner responsible for any source of air pollutants or seek- in9 to cause conditions which may result in air pollutants may apply to the Department for a variance from the provisions of Section 8 of this ordinance. The application shall be accom- panied by such information and data as the Department may re- quire. The Department may grant such variance if it finds that: (1) The emission occurring or proposed to occur does not en- danger or tend to endanger human health, welfare, and safety or (2) Compliance with the regulations from which variance is sought would produce serious hardship without equal for greater benefits to the public or (3) The emission occurring will not promote or encourage any substantial degradation of ambient air quality. Notices of public hearings on applications for variance shall be advertised at least fifteen days prior to the date of the hearing. Variances will be granted for a limited period of time normally such a period is not to be greater than a year. The Board may renew variances beyond one year only after a thorough investigation and public hearing has determined that the circumstances which created a variance situation continue to exist. SECTION 13. CONFIDENTIALITY OF RECORDS Any records or other information which relate to processes or production unique to the owner or operator which would tend to affect adversely the competitive position such owner or operator shall be only for the co nfidential use of the Department and other departments, agencies and officers of the City unless such owner or operator shall expressly agree to their publi- cation or availability to the general public. Nothing herein shall be construed to prevent the use of such records or in- formation by any department, agency officer of the City in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere; provided that such analyses or summaries do not reveal any information other- wise confidential under this section. SECTION 14. PENALTIES Any owner or person who violates any provision of this ordinance, shall be subject to a fine of not less than $50.00 or more than $500.00· Each day of violation shall constitute a separate offense. Action pursuant to subsection a. of this section shall not be a bar to enforcement of this ordinance, rules and regulations in force pursuant thereto, and orders made pursuant to this ordinance, by injunction or other appropriate remedy, and the Department shall have the power to institute and maintain in the name of the City any and all such enforcement proceedings. Nothing in this ordinance shall be construed to abridge, limit or otherwise impair the right of any person to damages or other relief on account of injuries to persons or property and to maintain any action or other appropriate proceeding therefor. SECTION 15. SEPARABILITY CLAUSE Should any section, subsection, sentence, clause or phrase of this ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the ordinance in its entirety or of any part thereof other than that so declared to be invalid. SECTION 16. EFFECTIVE DATE This ordinance shall become effective immediately upon its enactment, provided that persons owning or usin9 existin9 equipment or fuels not in conformance with the requirements set forth in subsections a and b of Section 8 shall within six (6) months after the effective date of this ordinance, shall comply fully therewith or apply for a variance under the provisions of Section 12. BE IT FURTHER ORDAINED that the provisions of this ordinance be codified into the Code of the City of Roanoke, 1956, as amended, as Chapter 5.1.1. Air Pollu tion Contrp~, of Title XV of said Code; and that in such codification the numbering of the sections and provisions of this ordinance be made to conform to the arrange- ment of said Code. BE IT FINALLY 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 6th day of August, 1973. No. 21044. AN ORDINANCE to authorize a project to provide, acquire, construct and equip off-street parking facilities for the City of Roanoke and to authorize the issuance and sale of general obligation bonds of the City of Roanoke in an aggre- gate principal amount not to exceed Five Million Dollars ($5,000,000) pursuant to the Public Finance Act of Virginia, to provide funds to pay the costs of such pro- ject. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Council of the City of Roanoke (hereinafter referred to a's the "City") hereby authorizes the undertaking by the City of a project (hereinafter referred to as the "Project") to provide, acquire, construct and equip off-street parking facilities in the City to be owned by the City, as authorized by Sections 15.1-14(2) and 15.1-884, Code of Virginia 1950, and Section 2 (12.1) of the Charte of the City. 2. Pursuant to Chapter 5 of Title 15.1 of the Code of Virginia 1950, the same being the Public Finance Act, for the purpose of providing funds to pay the cost, as defined in the Public Finance Act, of the Project, there are hereby authorized to be issued and shall be issued general obligation bonds of the City i an aggregate principal amount not to exceed 'Five Million Dollars ($5,000,000), which bonds shall be designated "General Obligation Parking Facility Bonds" (here- inafter referred to as the "Bonds"). The Bonds shall be of the denomination of $5,000 each; shall be numbered from 1 consecutively upward in order of maturity; and shall bear interest at such rate or rates per annum as fixed by resolution of the Council at the time of sale thereof, provided that the rate or rates of intere borne by the Bonds shall not exceed the maximum rate permitted by law at the time of sale thereof. As shall be determined by the City Auditor prior to the sale of the Bonds: the Bonds shall be dated as of a date not later than the date of deliv of and paymen~t therefor; shall mature in substantially equal installments of principal, or substantially equal installments of both principal and interest, the first installment of principal to mature not later than three (3) years from the date of the Bonds and the last installment of principal to mature not later than thirty (30) years from the date of the Bonds; shall be payable both as to principa and interest at a place or places within or without the Commonwealth of Virginia, or both; and may be subject to redemption prior to the stated maturities thereof at the option of the City at any time on or after ten (10) years from the date thereof at redemption premiums not exceeding four per centum (4%) of the principal amount redeemed, upon such notice of redemption as is provided in the form of the Bonds hereinafter set forth. The interest payable upon the Bonds shall be payable on such dates, commencing not later than one year from the date of the Bonds and ~ry semi-annually thereafter, as shall also be determined by the City Auditor prior to the sale of the Bonds. All such details shall be subject to ratification by the Council at the time of sale of the Bonds. The Council reserves the right to change, prior to the sale of the Bonds, any or all of the foregoin9 limitations on the details of the Bonds. Upon authorization by the Council the Bonds shall be offered for sale for not less than the par value thereof, after publication of a notice of such sale not less than five days prior to such sale in a newspaper of 9eneral circulation in the City and, if deemed advisable, in a financial journal published in the City of New York, New York. 3. The Bonds shall be signed in the name of the City by the facsimile signature of the Mayor, shall bear a facsimile of the seal of the City attested by the facsimile signature of the City Clerk, and shall be authenticated by the manua signature of the City Treasurer. The coupons attached to the Bonds shall be signed in the name of the City by the facsimile signature of the City Treasurer, which shall be recognized by the City as having the same legal effect as if such signatu had been written upon each coupon by the City Treasurer. The Bonds and the coupon to be attached thereto shall be in substantially the following form, with the text which is in brackets to be inserted in the Bonds if applicable to the details of the Bonds as finally fixed: UNITED STATES OF AMERICA NUMBER NUMBER $5,ooo $5,ooo COMMONWEALTH OF VIRGINIA CITY OF ROANOKE General Obligation Parkin9 Facility Bond KNOW ALL MEN BY THESE PRESENTS, that the CITY OF ROANOKE, a municip corporation created and organized under the laws of the Commonwealth of Virginia, for value received, acknowledges itself indebted and promises to pay to the bearer hereof the principal sum of ($5,000), payable on the at the rate of per annum, payable FIVE THOUSAND DOLLARS day of day of 19 , with interest per centum ( %) and semi-annually thereafter on the and the day of of each year upon the surrender of the respective coupons attached hereto as they severally become due, Both the principal sum hereof and the intere hereon are payable in lawful money of the United States of America at the principal office of in , or, at the option of the holder of this bond and said coupons, at the principal office of , in , This bond is one of an issue of bonds of like date, denomination and tenor, except as to number, interest rate and maturity. This bon~ and the bonds of the issue of which it is one are issued for the purpose of pro- viding funds to pay the cost of a project consisting of the providing, acquiring, constructing and equipping of off-street parking facilities, under and pursuant to and in full compliance with, the Constitution and statutes of the Commonwealth of Virginia, including Chapter 5 of Title 15.1 of the Code of Virginia 1950, and an ordinance and resolution of the Council of the City of Roanoke duly adopted under said Chapter 5 on and . , respectively. (The bonds of the issue of bonds of which this bond is one maturing on and after shall be subject to redemption at the option of the City of Roanoke prior to .their stated maturities on and after in whole at any time, or in part from time to time on any interest payment date in the inverse order of their maturities, at the redemption price with respect to eac bond, expressed as a percentage of the principal amount redeemed, set forth below, together with the interest accrued thereon to the date fixed for redemption: Period During which Redeemed (both dates inclusive) Redemption Price If at any time less than all the bonds of the issue of bonds of which this bond is one of any given maturity are called for redemption, the particular bonds of such maturity to be redeemed shall be selected by lot.) (If this bond is redeemable and shall be called for redemption, notice of the redemption hereof, specifying the designation, date, number and ma- turity of this bond, the date fixed for its redemption and the redemption price payable upon such redemption, shall be given by publication of such notice once in a daily newspaper printed in the English language and customarily published on eac] business day and of general circulation in the City of Roanoke, Virginia, and once in at least one daily newspaper or financial publication printed in the English language and customarily published on each business day in the City of New York, New York, the date of publication of such notice in any case to be at least thirty days prior to the date fixed for redemption. If this bond shall be called for redemption and notice.of such redemption duly given as aforesaid, and if on or be- fore the redemption date the payment of the redemption price shall have been duly made or provided for, then this bond shall become due and payable upon such redemp' tion date and interest hereon shall cease from and after the date so specified for the redemption hereof.) The full faith and credit of the City of Roanoke is hereby pledged to the payment of the principal of and interest on this bond, and an ad valorem tax shall be levied on all the taxable property of the City of Roanoke sufficient to pay said principal and interest as the same become due and payable. It is hereby certified, recited and declared that the issue of this bond is made in strict conformity with the Constitution and statutes of the Common- wealth of Virginia, and ordinances and resolutions of the City of Roanoke authoriz- ing the same; and that all acts, conditions and things required to exist, happen and be performed precedent to and in the issue of this bond have existed, happened and been performed in regular and due time, form and manner, as required by law; and that this issue of bonds, including all other indebtedness of said City, does not exceed any Constitutional or statutory limitation of indebtedness. IN TESTIMONY WHEREOF, the CITY OF ROANOKE has authorized and caused this bond to be signed in its name by the facsimile signature of its Mayor and a facsimile of the said City's corporate seal to be made to appear hereon, attested by the facsimile signature of its City Clerk, and to be authenticated by the manual signature of the City Treasurer, and the coupons hereto attached to be signed in its name by the facsimile signature of the City Treasurer, and this bond be dated the day of , 19 . A TTE ST: City Clerk CITY OF ROANOKE Roanoke City By Seal Mayor (FORM OF COUPON) City Treasurer Coupon No. $, On the day of , 19 , (unless the bond hereinafter mentioned shall be subject to prior redemption and shall have bee called for previous redemption and payment of the redemption price duly made and provided for,) the CITY OF ROANOKE, Virginia, will pay to the bearer at the princi-i pal office of , in , or, at the option of the holder, at the principal office of , in , DOLLARS ($. ), being the interest then due on its Genera Obligation Parking Facility Bond, dated the day of 19 , and numbered CITY OF ROANOKE, By. City Treasurer 4. The full faith and credit of the City shall be and is hereby pledged to the payment of the principal of and interest on the Bonds as the same become due. For the payment of such principal and interest, the City shall have power and be obligated to levy ad valorem taxes without limitation as to rate or amount on all the property subject to taxation by the City. 5. The City hereby covenants with the holders from time to time of the Bonds as hereinafter set forth in this paragraph. No use of the proceeds of the Bonds shall be made which, if such use had been reasonably expected on the date of issue of the Bonds, would have caused the Bonds to be "arbitrage bonds", within the meaning of Section 103(d)(2) of the U. S. Internal Revenue Code of 1954 The City shall comply with the requirements of said section of said Internal Reven~ Code and the applicable regulations of the Internal Revenue Service adopted there- under so long as any Bond is outstanding. 6. The City Clerk shall and is hereby directed to certify and file a copy of this ordinance with the Circuit Court of the City of Roanoke, Virginia, an, publish a notice in the World-News, a newspaper of general circulation in the City all in accordance with Section 15.1-199, Code of Virginia, 1950. The form of the notice to be published shall be substantially as follows: "LEGAL NOTICE "Notice is given pursuant to Section 15.1-199 of the Code of Virgin- ia 1'950, that the City of Roanoke, Virginia, on , 1973, filed with th, Circuit Court of the City of Roanoke, Virginia, a certified copy of an ordinance adopted by the Council of the City of Roanoke on , 1973, provid- ing for the issuance of General Obligation Parking Facility Bonds of the City of Roanoke in an aggregate principal amount not to exceed $5,000,000, the proceeds of which will be expended or applied to provide, acquire, construct and equip off- street parking facilities to be owned by the City of Roanoke. CITY OF ROANOKE the date of passage. 'City Clerk" This ordinance shall take effect from and after ten days from ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 1973. No. 21045. AN ORDINANCE to amend and reordain .Section 18 of Chapter 1, Title XIX, of the Code of the City of Roanoke, 1956, as amended, establishin9 a schedule of rates to be charged and collected for the transportation of passengers within the City by certain public vehicles. WHEREAS, taxicab operators of the City of Roanoke regularly furnish to th. public, taxicab service at rates and under regulations established by this Council in pursuance of its regulatory jurisdiction over public utilities providin9 trans- portation by vehicle, as conferred under the provisions of Sec. 2 (2) of the Roanok Charter, 1952; and WHEREAS, increased rates for taxicab services are necessary and in the interest of the public to provide continuity of adequate taxicab service by such operators. BE IT ORDAINED by the Council of the City of Roanoke that Sec. lO. Rates . Schedule, of Chapter 1, Title XIX, of the Code of the City of Roanoke, 1956, as amended, establishin9 a schedule of rates to be charged and collected for the transportation of passengers within the City by taxicabs and for-hire automobiles, be, and said section is hereby amended and reordained to read and provide as follow Sec. 18. Rates - Schedule. The following schedule of rates shall be charged and collected for the transportation of passengers within the city by public vehicles and no different rate shall at any time be charged or collected for such services: (a) Taxicab rates. The rates to be charged and collected for service by taxicabs shall be determined by accurately working taximeters and shall be as follows: (i) Distance rates. For the first one-sixth mile or fraction thereof, sixty cents. For each additional one-sixth mile or fraction thereof, ten cents. (ii) Time Rate. For each one and one-half minutes of waiting time, ten cents. While a charge is made for waiting time, there shall be no charge for mileage under the foregoing distance rates. (iii) Extra Dassenpeys. For each additional passenger, ten cents. Waiting time shall include the time the vehicle is stopped in traffic or at the direction of the passenger or whenever the vehicle slows to a speed (seven and one-half miles per hour) at which the charges under the foregoing distance rates are less than the charge for the time rate, but shall not include the first three minutes of the time of arrival at the place to which the vehicle has been called, or by reason of a pre- mature response to a call. When calls are made from stand to residence or other place of pick-up, no charge shall be made until the cab arrives at the point of pick-up. (b) For-hire automobile rates. The rates to be charged and collected for for-hire automobile service shall be determined by accurately working odometers and shall be as follows: (i) Distance rates. For the first one-sixth mile or fraction thereof, sixty cents. For each additional one-sixth mile or fraction thereof, ten cents. (ii) Time rate. For each one and one-half minutes of waiting time, ten cents. While a charge is made for wait- ing time, there shall be no charge for mileage under the foregoing distance rates. (iii) Extra passengers. For each additional passenger, ten cents. Waiting time shall include the time the vehicle is stopped in traffic or at the direction of the passenger or whenever the vehicle slows to a speed (seven and one-half miles per hour) at which the charges under the foregoing distance rates are less than the charge for the time rate, but shall not include the first three minutes of the time of arrival at the place to which the vehicle has been called, or by reason of a premature response to a call. When calls are made from stand to residence or other place of pick-up, no charge shall be made until the for-hire automobile arrives at the point of pick-up. BE IT FURTHER ORDAINED that the provisions of this ordinance, being here- by authorized by the Council, shall become effective upon showing of exemption fror or approval of the written rate increases by appropriate Federal governmental auth( rities, if the same be required by law, notice of which shall be logged in the Office of the City Clerk. APPROVED ATTEST: Deputy City Clerk Mayor ..T5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 1973. No. 21054. AN ORDINANCE authorizing and approving the donation by conveyance to Roanoke Hospital Association of a certain parcel of land containing approximately 1.35 acres, lying to the west of and adjacent to Belleview Avenue, S. E., and east of Hamilton Terrace, for the construction thereon of a parking facility, upon cer- tain express terms, provisions and covenants. WHEREAS, by letter dated May 15, 1973, addressed to the City Manager, Roanoke Hospital Association requested the donation by the City of a certain parcel of land lying to the west of and adjacent to Belleview Avenue, S. E., and east of Hamilton Terrace, for the purpose of construction thereon of an off-street parkin9 facility, following which the Council's Real Estate Committee recommended that said land be offered for sale to said Association at its fair market value; and WHEREAS, the Council, considering past cooperation between said Associa- tion and the City, and the general benefits to the citizens of the Roanoke Valley, indicated its desire to concur in the request of said Association and to authorize the donation of said lands without more than nominal consideration. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- lOWS: That the Mayor and the City Clerk be and they are hereby authorized and directed to execute, seal and acknowledge, respectively, on behalf of the City of Roanoke, an appropriate deed, approved as to form by the City Attorney, conveying, for the nominal consideration of one dollar, to Roanoke Hospital Association that certain parcel of land containing approximately 1.35 acres, lying to the west of an adjacent to Belleview Avenue, S. E., and east of Hamilton Terrace, in the City of Roanoke, bearing Official Nos. 4060201, 4040831 and 4040833, and generally describe as follows, to-wit: BEGINNING at the extreme westerly corner of the property of Roanoke Hospital Association on the southeasterly side of Hamilton Terrace, S. E., said beginning point being 8 feet northeasterly from the westerly corner of Lot 1440 of the Hamilton Terrace Map; thence, leaving Hamilton Terrace and with the southwesterly line of the property of Roanoke Hospital Association S. 520 01' 20" E. 70.62 feet to the southerly corner of said Lot 1440; thence, along the rear lines of Lots 1440 to 1420, inclusive in a north- easterly direction 645 feet more or less to the orig- inal northwesterly line of Belleview Avenue, S. E.; thence, with the same in a southwesterly direction 810 feet more or less to a point; thence, with the new northwesterly line of Belleview Avenue, increasing in width from 50 feet to 60 feet, in a southwesterly direc~ tion 210 feet more or less to a poi~t at the intersection of Hamilton Terrace; thence, with the new southeasterly line of Hamilton Terrace in a northeasterly direction 199 feet more or less to a point on the original south- easterly line of Hamilton Terrace; thence, with the original southeasterly line of Hamilton Terrace in a northeasterly direction 100 feet more or less to the point of Beginning. such deed to contain the City's Special Warranty of title, and to be subject to any and all easements, conditions, restrictions and existing utilities, such con- veyance, further, to be made upon the express condition that the grantee, its successors, assigns, agents, or contractors shall, throughout the course of any co struction to be engaged in upon said property, minimize blasting and dynamiting activities and, should such activities become necessary, perform the same only upo the express written permit of the City Manager, and shall take reasonable precau- tions so as to provide adequate and sufficient protection to underground water- courses as well as adjacent structures. BE IT FURTHER ORDAINED that upon the execution and acknowledgement of th aforesaid deed on behalf of the City of Roanoke, the same shall be delivered to Roanoke Hospital Association, or its attorney. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 1973. No. 21055' A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds for implementation and con- tinuation of a law intern program in the City. WHEREAS, pursuant to prior authority of this Council, there have been filed on behalf of the City with the Division of Justice and Crime Prevention several applications for action grant awards of Federal funds pursuant to the Law Enforcement Assistance Act; and WHEREAS, the Division of Justice and Crime Prevention has awarded funds to the City pursuant to Grant No. 72-A1785 for implementation and continuation of a law intern program in the City subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and WHEREAS, the City Manager recommends to the Council that Grant No. 72- A1785 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 fol- lows: 1. That Byron E. Haner, City Manaqer, 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-A1785 for Federal funds in the amount of $5,100.00 throuqh said Division, to be used, alon§ with cer- tain other local in-kind contributions, to aid said implementation and continua- tion of a law intern proqram in the City, estimated to cost approximately and 2. That the City Manaqer or his successor in office is further directed to furnish such additional information as may be required by the Division of Jus- tice and Crime Prevention in connection with the City's aforesaid acceptance of sa 9rant or with said project. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of Auqust, 1973. No. 21056. AN ORDINANCE to amend and reordain Section =22, "Commonwealth's Attorney 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 ~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 Fees for Professional and Special Services ......................... $5,100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOEE, VIRGINIA, The 6th day of August, 1973. No. 21057. A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crim Prevention for an action grant of Federal funds for implementation of a program for training personnel at the juvenile home in group counseling. 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 pursuan.t 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-A1674 for implementation of a program for training personnel at the juvenile home in group counseling, subject to the accept ance, 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. 72- A1674 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 fol- lOWS: 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-A1674 for Federal funds in the amount of $11,580.00 through said Division, to be used, along with certain other local in-kind contributions, to aid said program for training per- sonnel at the juvenile home in group counseling, estimated to cost approximately $16,101.00; 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 Jus- tice and Crime Prevention in connection with the City's aforesaid acceptance of said grant or with said project. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 1973. No. 21058. AN ORDINANCE to amend and reordain Section =27, "Juvenile Detention 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 Sec- tion =27, "Juvenile Detention Home," of the 1973-74 Appropriation Ordinance, be, an, the same is hereby, amended and reordained to read as follows, in part: JUVENILE DETENTION HOME =27 Education (1) ............................ $12,080.00 (1) Net increase $11,580.00 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 6th day of August, 1973. No. 21059. 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. THEREFO~ , 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 Regional Corrections Board .............. $3,330.51 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 6th day of August, 1973. No. 21060. AN ORDINANCE to amend and reordain Section =63, "Municipal .Building," 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 ~t63, "Municipal Building," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL BUILDING ~63 Rentals .............. .' ....... .-..' ...... $6,625.00 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 August, 1973. No. 21061. AN ORDINANCE to amend and reordain Chapter 11.1D~part~nt of Public Works, of Title II. A~mi~istration, of the Code of the City of Roanoke, 1956, as amended, providing for the Directorate of Public Works as an administrative elemen of the City; defining the functions which said directorate is to administer; pro- viding for the appointment of the director of such directorate and defining his duties and responsibilities; providing the date upon which this ordinance shall become effective; and providing for an emergency. WHEREAS, the City Manager has made certain recommendations to the Counci respecting the need for the establishment, by ordinance, of certain functions of the City relating to public works matters; and has recommended the continuance of the City's department of public works under the new title of Directorate of Public Works; and WHEREAS, the City Council has concurred in the recommendation of Albert Ramond and Associates, Management Consultants, for the establishment of an inter- mediate level of management to be known as directorates; and WHEREAS, for the usual daily operation of the municipal 9overnment, an emergency is hereby set forth and declared to exist in order that this ordinance take effect as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 11.1 Department of Public Works, of Title II. Administration, of the Code of the City of Roanoke, 1956, as amended, be, and said Chapter is hereby amended reordained as Chapter 11.2, Directorate of Public Works, of the aforesaid title code, to read and provide as follows: CHAPTER 11.2 DIRECTORATE OF PUBLIC WORKS Sec. 1. Directorate of public works established. The directorate of public works is hereby established as an administrative element of the city, to be composed as hereinafter set out and to be charged with the duties and powers hereinafter enumerated. Sec. 2. Composition of director~%e. The directorate of public works shall be composed of the director of public works and such departments, managers, deputies and employees as the council may, from time to time, authorize. Sec. 3. Director of public wo_rks -- A_Dr)ointment; term and removal. The city manager shall appoint a director of public works, in accordance with the provisions of section 7 of the City Charter, who shall head the directorate of public works and shall remain in office until removed by the city manager; and in case of his removal, the city manager shall report the same to the Council. Sec. 4. Same-- ComPensation. The director of public works shall receive such compensation for performance of his duties as the council shall, from time to time, fix and determine. Sec. 5. Duties qeIl~rally. The directorate of public works shall be responsible for: (a) The construction of any public improvement project by employees of the directorate of public works when ordered by the council or the city manager. (b) The construction, maintenance and cleaning of all public streets, alleys, places, bridges, via- ducts and underpasses; (c) The maintenance and construction of water lines, sewers, drains and culverts; (d) The operation of the city garage and of any public works center, and the maintenance of city owned vehicles and other equipment, unless other- wise directed by city council or the city manager; (e) The maintenance of all city owned buildings and grounds to include heating, lighting and janitorial services, installed operating equip- ment, etc., except those under the jurisdiction of the school board and except when otherwise provided by law, ordinance or the direction of the city ma. nager; (f) The maintenance of city owned traffic con- trol and communications equipment, including the placing and maintenance of authorized traffic control signals, signs and other devices, the maintenance of city owned radio, telephone and other communications or signals or alarm system, the continued development of a program for improved street lighting, and the operation of the city's central communication centers; (g) The coordination of all public works activities involving various city departments, city, state and federal agencies, utility companies, contractors, engineers and all firms and individuals that relate to matters under the direction and supervision of the director of public works; (h) The supervision of the execution and per- formance of all contracts and purchase orders for public works construction, repair or replacement which do not require detail plans and specifications and which work can be adequately supervised and inspected by personnel of the directorate of public works; (i) The determination, in accordance with such ordinances on the subject as council may adopt, of the conditions under which public rights of way may be cut for the purpose of laying, relo- cating, connecting, repairing or removing pipes or conduits therein, and of the time and the manner in which such work shall be compl'eted and such cuts filled and the right of way restored; and no person, firm or corporation shall make such cuts in public rights of way, or on any land owned by the city, without first obtaining autho- rity, in writing, from the director of public works; and (j) Such other powers and duties as may be assigned to the directorate by ordinance or res- olution of the council or by the city manager. 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 6th day of August, 1973. No. 21062. AN ORDINANCE to amend Title II. Administration, of the Code of the City of Roanoke, 1956, as amended, by the addition of Chapter 14, Directorate of Utili- ties and Operations, Chapter 15, Directorate of Safety and Security, Chapter 16, Directorate of Civic Enrichment and Chapter 17, Dir~q~orate of Technical and Administrative Plannina, providing for the Directorates of Utilities and Operations Safety and Security, Civic Enrichment and Technical and Administrative Planning, respectively, as administrative elements of the City; defining the functions which said directorates are to administer; providing for the appointment of the director of such directorates and defining their duties and responsibilities; providing the date upon which this ordinance shall become effective; and providing for an emer- gency. WHEREAS, the City Manager has made certain recommendations to the Council respecting the need for the establishment, by ordinance, of certain functions of the City relating to public matters; and has recommended the establishment of var- ious new elements of the City under the new titles of Directorate of Utilities and Operations, Safety and Security, Civic Enrichment and Technical and Administrative Planning; and WHEREAS, the City Council has concurred in the recommendation of Albert Ramond and Associates, Management Consultants, for the establishment of an inter- mediate level of management to be known as directorates; 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 as herein provided. 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 amended by the addition of certain new chapters to be Chapter 14, Directorate of Utilities and Operations; Chapter 15, Directorate of Safety and Security; Chapter 16, Directorate of Civic Enrichment, and Chapter 17, Directorate of Technical and Administrative Planning, of said Title II, to read and provide as follows: CHAPTER 14. DIRECTORATE OF UTILITIES AND OPERATIONS Sec. 1. Directorate of utilities and operatiol~s established. The directorate of utilities and operations is hereby established, to be composed as hereinafter set out and to be charged with the duties and powers hereinafter enumer- ated. Sec. 2. Composition of directorate. The directorate of utilities and operations shall be composed of the director of utilities and operations and such managers of departments, deputies and employees as the council may, from time to time, authorize. Sec. 3. Director of utilities a~ld operations-- ADDOiq~- ment: term and removal. The city manager shall appoint a director of utilities and operations, in accordance with the provisions of section 7 of the City Charter, who shall be head of the directorate of utilities and operations and who shall remain in office until removed by the city manager; and in case of his removal, the city manager shall report the same to the council. Sec. 4. Same-- Compensatioq. The director of utilities and operations shall re- ceive such compensation for the performance of his duties as the council shall, from time to time, fix and determine. Sec. 5. Duties generally. The directorate of utilities and operations shall be responsible for: (a) The production and quality control of city water supplies, the flow and the measur- ing and reading of customer meters and the responsibility for maintenance of those meters. (b) The processing of industrial, commercial and domestic waste and producing a stable non- objectionable water discharge into the receiving stream. (c) The collection of refuse from all home sites, institutions, business and commercial industries within the city .and the proper disposal of that refuse collected. (d) The provision, operation and rental of air- port facilities for scheduled airlines and general aviation operation at the Roanoke Municipal Airport. (e) The provision of selling space for retail sales operations for area farmers and for local entrepreneurs at the. city market. (f) Such other duties and activities as may from time to time be assigned by the city manager or city council. CHAPTER 15. DIRECTORATE OF SAFETY AND SECURITY Sec. 1. Directorate of safety and security established. The directorate of safety and security is hereby established to be composed as hereinafter set out and to be charged with the duties and powers hereinafter enumera ted. Sec. 2. Composition of directorate. The directorate of safety and security shall be com- posed of the director of safety and security and such departments, managers, and employees as council may, from time to time, authorize. Sec. 3. Director of safety and security -- Appoint- ment: term and removal. The city manager shall appoint a director of safety and security in accordance with the provisions of section 7 of the City Charter, who shall be head of the directorate of safety and security and who shall remain in office until removed by the city mana- ger; and in case of his removal, the city manager shall report the same to the council. Sec. 4. S~m~-- ~9~Densation. The director of safety and security shall receive such compensation for the performance of his duties as the council shall, from time to time, fix and deter- mine. Sec. 5. D~ti~s aenerallv. The directorate of safety and security shall be responsible for: (a) Assuring the observance and enforcement of all laws, ordinances and regulations of the city, state and federal governments as outlined within Title XI, Title XVIII, Title XIX, and Title XXIII of the City Code. This includes the pre- vention and detection of crime, along with the apprehension of suspects and the processing of cases for trial. (b) Assuring the provision of complete fire prevention and fire protection services, an in- spection and enforcement program, and prompt response and firefighting and lifesaving capa- bilities. (c) Assuring planning for action to meet disaster situations, to provide fallout shelters, to assign, document and account for fiscal spending on the occasion of a disaster with full compliance to all statutes and regulations. (d) Assuring adequate checking, test weighing and counts of devices and products at the point of sale in the city. (e) Assuring ongoing training programs for all aspects of public safety and security. CHAPTER 16 DIRECTORATE OF CIVIC ENRICHMENT Sec. 1. Directorate of ciNi6 ~rri6hment established. The directorate of civic enrichment is hereby established to be composed as hereinafter set out and to be charged with the duties and powers here- inafter enumerated. Sec. 2. Composition of directorate. The directorate of civic enrichment shall be com- posed of the director of civic enrichment and such departments, managers, and employees as council may, from time to time, authorize. Se c . 3. Director of civic enrichment-- Appointment; term and removal. The city manager shall appoint a director of civic enrichment, in accordance with the provisions of section 7 of the City Charter, who shall be head of the directorate of civic enrichment and who shall remain in office until removed by the city manager; and in case of his removal, the city manager shall report the same to the council. Sec. 4. Same-- Compensation. The director of civic enrichment shall receive such compensation for the performance of his duties as the council shall, from time to time, fix and determine. Sec. 5. Duties qenerally. The directorate of civic enrichment shall be respon- sible for: (a) Assuring planned program offerings which are cultural, recreational, social, educational and/or spiritual at the civic center, stadium, armory, public schools, parks, recreation centers, zoo, transportation museum and the public libraries. CHAPTER 17 DIRECTORATE OF TECHNICAL AND ADMINISTRATIVE PLANNING Sec. 1 . Directorate of technical and aOfainistrative Dlannino established. The directorate of technical and administrative plannin9 is hereby established to be composed as here- inafter set out and to be charged with the duties and powers hereinafter enumerated. Sec. 2. Composition o~ directorate. The directorate of technical and administrative planning shall be composed of the director of technical and administrative planning and such department managers and employees as council may, from time to time, authorize. Sec. 3. Director of technical and administrative Dlanning -- Appointment: term and removal. The city manager shall appoint the director of technical and administrative planning in accordance with the provisions of section 7 of the City Charter, who shall be head of the directorate of technical and administrative planning and who shall remain in office until removed by the city manager; and in case of his removal, the city manager shall report the same to the council. Sec. 4. Snme-- Cnm.neq~igq. The director of technical and administrative planning shall receive such compensation for the performance of his duties as the council shall, from time to time, fix and determine. Sec. 5. Duties generally, The directorate of technical and administrative planning shall be responsible for: (a) The establishment and maintenance of City goals for the following: personnel complement and skill, materials control, city planning, engineering, building inspection, air pollution control and management information services. (b) Being responsive to requests tendered by boards, commissions, and committees, city council citizens and other superiors. BE IT FURTHER ORDAINED that, an emergency exists and that this ordinance be in force and effect upon its passage. A P P R 0 ¥ E D ATTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 1973. No. 21063. AN ORDINANCE to amend and reordain Title X. Public Welfare, of the Code of the City of Roanoke, 1956, as amended, as new Title X.I. H~man Services, by providing for a Directorate of Human Services as an administrative element of the city; defining the functions which said directorate is to administer; providing for the appointment of the director of such directorate and defining his duties an responsibilities; providing the date upon which this ordinance shall become effec- tive; and providing for an emergency. WHEREAS, the City Manager has made certain recommendations to the Coun- cil respecting the need for the establishment, by ordinance, of certain functions of the City relating to human services matters; and has recommended the continu- ance of the City's department of public welfare under the new title of Directorat of Human Services, and that the city physician department heretofore provided for in Chapter 2, Title X, of the Code of the City of Roanoke, 1956, needs no longer be continued, and that provisions contained in Chapter 3 of said Title and Code relating to the city home may be administered under the directorate of human ser- vices hereby established; and WHEREAS, the City Council has concurred in the recommendation of Albert Ramond and Associates, Management Consultants, for the establishment of an inter- mediate level of management to be known as directorates; 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 Title X. Public Welfare of the Code of the City of Roanoke, 1956, as amended, and Chapters 1, 2 and 3 contained therein, be and said Title and Chapters are hereby amended and reordained as Title X.I. Human Services, and Chapter 1, General Provi- sions, thereof, to read and provide as follows: Title X.I. HUMAN SERVICES Chapter 1. General Provisions Sec. 1. Directorate of human services-- establishment. The department of public welfare heretofore provided in section 1, chapter 1 of the Code of the City of Roanoke, 1950, as amended, is hereby continued as the directorate of human services. Sec. 2. Same-- comDosi~ioil. The directorate of human services shall be composed of a director of human services who shall be, ex officio, the local board of public welfare of the city, and who shall supervise such departments, department heads, mana- gers and such other personnel as the council may from time to time determine. Sec. 3. Director of human services -- Appointment; removal: bond. The director of human services shall be appointed by the city manager, subject to confirmation of such appoint- ment by the council as provided in section 7 of the City Charter. The director so appointed may be removed by the city manager and, in the event of removal, the city mana- ger shall report such action to the council at the next meeting followin9 such removal. The director shall give bond in such penalty and with such surety as the council or the State may require. Sec. 4. Same-- Disciplining and removal of employees. Except as may be otherwise provided by law, all other employees of said department shall be appointed and may be disciplined or removed by the city manager, who shall report each such appointment or removal to the council as provided in section 21 of the charter of the city. Sec. 5. Same-- Salary: office. The director of human services shall receive such salary as may be authorized by the council and his office shall be at such location as shall be assigned by the city manager. Sec. 6. Same-- Powers and duties. Subject to the general supervision of the city manager, the director of human services shall: admini- ster the affairs of the department, which shall in- clude the management and control thereof; exercise such functions, duties and powers as may be prescribed by the state law; administer relief to all indigent persons who are properly and legally a public charge in the city and who are not cared for by some other public agency; provide care for dependent and neglected children, and indigent sick, both in their own homes and in designated hospitals; exercise control and admini- stration of the city home and juvenile detention home; and do all other things within the scope of the powers and duties of said department. In addition to the duties and functions above enumerated, the director shall co- operate with private welfare agencies to the end that the city and its inhabitants may enjoy a well-rounded program of welfare work and relief, 'subject to such regu- lations and policies as may periodically be determined by the council. The director may, with the approval of the city manager, provide supplies, maintenance, necessary food, medicine and other necessities for those who are found to be proper subjects for relief. Said director shall keep such records and accounts upon such forms as shall be deemed necessary by the city auditor for the proper conduct of the office. Director shall perform the function of liaison between the city manager and the commissioner of health. Sec. 7. Advisory board of public welfare. There shall continue to be an advisory board of public welfare consisting of twelve members who shall be citizens of the city. They shall hold no office of profit under the city government and shall serve without compensation. Appointments heretofore made to said advisory board are hereby confirmed, and as terms of members heretofore appointed to said advisory board expire, appointments shall ~be made by the city council for terms of three years, each. Vacancies in the membership of the board shall be filled by the council for the unexpired portion of the term. The advisory board of public welfare shall choose annually one of its number ta be chairman for a term of one year and until his successor is chosen and qualifies. An employee of the directorate of human services shall be assigned by the director of human services to act as secretary of the board. The board shall hold such regular meetings as it may determine and special meetings may be held at any time on call of the chairman of the board, the direc- tor of human services or of any three members of the board. BE IT FURTHER 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 6th day of August, 1973. No. 21064. AN ORDINANCE accepting the grant of a perpetual easement for a right of way for a 6-inch water main over, through and across the lands of Branch & Associ- ates, Incorporated, lying and being in the City of Roanoke, Virginia, and desig- nated as Official Tax No. 4250104; authorizing and directing the acceptance by the l~ater Department of the City of Roanoke of title to the main laid therein upon certain terms and conditions; and providing for an emergency. I~HEREAS, Branch & Associates, Incorporated, is the owner of a certain 7.21 acre tract of land lying and being in the City of Roanoke and designated as Official Tax No. 4250104, upon which said tract of land Branch ~ Associates, Incor- porated, proposes and intends to construct a shopping center; and WHEREAS, Branch & Associates, Incorporated, proposes to construct, at it entire cost, a 6-inch water main and appurtenances within an easement over, throu9] and across said land, substantially as shown on the plan hereinafter mentioned, ant thereafter, to convey, without any cost whatsoever to the City, both the aforesaid water main and appurtenances and the perpetual easement in which the same are laid and WHEREAS, it appears to be to the best interest of the City of Roanoke an, Branch C~ Associates, Incorporated, that title to the aforesaid perpetual easement and, also, to the water main and appurtenances to be laid therein be accepted by the City; and WHEREAS, for the immediate preservation of the public health and safety, an emergency is set forth and declared to~ exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, up( the execution by Branch C. Associates, fncorporated, of a proper deed approved by the City Attorney, conveying unto said City the perpetual easement herein contem- plated, the proper City officials be, and they are hereby, authorized and directed to accept the same, for and on behalf of the City, and to have the same spread of record in the Clerk's Office of the Circuit Court of the City of Roanoke; the loca- tion of the said perpetual easement to be substantially as shown on plat entitled "15-foot Water Line Easement Being Conveyed to City of Roanoke by Billy H. Branch" drawn by Bueford T. Lumsden, C.L.S., dated July 9, 1973, a copy of which said plat has been filed with the Water Department of the City of Roanoke. BE IT FURTHER ORDAINED that, upon completion of the said 6-inch water main and appurtenances according to the plans and specifications of the Water Depa merit of the City of Roanoke, without any cost whatsoever to the City of Roanoke, and the tender by Branch ~ Associates, Incorporated, of complete title thereto, in form to be prescribed and approved by the City Attorney, the Water Department of the City of Roanoke be, and said department is hereby, authorized and directed to accept the title thereto. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in full force and effect from its passage. ATTEST: Deputy City Clerk APPROVED ~ia yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 1973. No. 21065. AN ORDINANCE accepting the proposal of Noland Company, Incorporated, for supplying four (4) comfort stations; authorizing the proper City officials to execute the requisite contract; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, on Wednesday, August 1, 1973, after due and proper advertisemen three (3) bids for supplying four comfort stations were received in the office of the Purchasing Agent and publicly opened by the committee named for opening and ta ulating such bids; and WHEREAS, said committee has reported to the Council in writing its tabu- lation and recommendation on said bids concurred in by the City Manager, from which it appears to the Council that the proposal of Noland Company, Incorporated, represents the lowest and best bid made to the City for supplying of such comfort stations and should be accepted; and that said other bids should be rejected; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- lows: (1) That the proposal of Noland Company, Incorporated, for supplyi~ four (4) comfort stations, complete, as desor£bed in the City's plans and specific~ in said bidder's proposal for a total sum of $27,200.00, cash, upon satisfactory delivery and completion of related work, be and said proposal is hereby ACCEPTED; and (2) That the City Manager and the City Clerk be and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with the successful bidder, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for said work; said contract to be upon such form as is approved by the City Attorney, and the cost of the work when completed, to be paid out of funds heretofore appropriated by the Council for the purpose; and tions 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 bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTE ST: ~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 1973. No. 21066. AN ORDINANCE authorizing the purchase of one new crawler-type excavator, upon certain terms and provisions, by accepting the bid made to ~e City by Baker Brothers, Incorporated; rejecting certain other bids; and providing for an emergency WHEREAS, on July 27, 1973, and after due and proper advertisement had been made therefor, eight (8) bids for the supply to the City of a new crawler-type excavator 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 contract as herein- after provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid meeting all specifications made for such equipment, made to the City for the supply of said machine, and that funds sufficient to pay for the purchase price of said machine have heretofore been 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 Baker Brothers, Incorporated, to sell and deliver to the City, in full accord ance with the City's specifications made therefor and with said bidder's proposal, one new crawler-type excavator for the net price, after credit for trade-in equip- ment, of $27,469.00, to be paid by the City, delivered f.o.b., Roanoke, Virginia, within 30 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 35o and directed, for and on behalf of the City, to issue the requisite purchase order for said equipment, the same to be paid for upon acceptance by the City out of funds heretofore appropriated for the purpose. BE IT FURTHER ORDAINED that the other bids received by the City for furnishing such machine be, and said other bids are hereby REJECTED, the City Clerk to so notify said other bidders and to express to each the City's apprecia- tion for said bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: .~~ Deputy City Clerk APPROVED May or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 1973. No. 21067. AN ORDINANCE repealing Chapter 2. Courts, of Title XI. Police Force and Courts, of the Code of the City of Roanoke, 1956, as amended; and providing for an emergency. WHEREAS, the General Assembly of Virginia, by enactment of Chapter 546 of its 1973 Acts of Assembly, provided a new system of municipal and county courts not of record, to be known as general district courts and juvenile and domestic relations district courts and, in so doing, repealed all laws and charter provisions inconsistent with said Act, now codified as Chapter 4.1, of Title 16.1 of the 1950 Code of Virginia, as amended; 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 Chapter 2. Courts, of Title XI. Police Force and Courts, of the Code of the City of Roanoke, 1956, as amended, said chapter containing provisions with reference to the former Municipal Court of the City of Roanoke and to the former Juvenile and Domestic Relations Court of the City of Roanoke nov/ superceded by the system of courts not of record provided for in Chapter 4.1, of Title 16.1 of the 1950 Code of Virginia, as amended, be and said chapter is hereby, repealed. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTE ST:~/~2~ Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of Auqust, 1973. No. 21068. A RESOLUTION prohibitinq the issuance of buildinq permits for all Con- struction in those areas of the City defined as lyin9 within the intermediate re§- ional flood plain as shown on the several maps and studies of Flood Plain Informat made by the U. S. Army Corps of Enqineers, except such construction as may be ordered by the Council. WHEREAS, the Planninq Commission of the City of Roanoke has advised the Council that a flood control manaqement plan for the City is under study by said body and that said Commission will compile and recommend to the Council, within approximately thirty days, comprehensive flood plain zoninq requlations for incor- poration into the City's 'Zonin9 Ordinance, and that the protection of the public health, safety and welfare require that, prior to the recommended adoption of said flood plain zonin9 regulations, all construction temporarily be prohibited ill the intermediate regional flood plain, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, for the immediate protection of the public health, safety and welfare, and pendin§ final report and recommendation by the Plannin9 Commission of the City of Roanoke of comprehensive flood plain zonin9 requlations, the Buildinq Commissioner of the City of Roanoke be and he is hereby directed to deny the issuance of all building permits for construction in those areas within the City lying in the "intermediate reqional flood" plain as shown on the several maps contained in Flood Plain Infor- mation studies for Roanoke River, dated July, 1968, for Peters Creek and Lick Run, dated August 1968, for Tinker Creek and Carvins Creek, dated October 1970, and for Mud Lick Creek, dated February 1971, prepared and published by the Corps of Enqi- neers, U. S. Army, Wilmington, North Carolina District, for the period of thirty days from Au§ust 6, 1973, except for such construction as may be ordered by the Council. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 1973. No. 21071. A RESOLUTION approving certain supplements to the salaries of the Judges of the General District Courts and the Juvenile and Domestic Relatio~s District Courts, in the 23rd District, subject to concurrence in the payment of such supple merits by the Board of Supervisors of Roanoke County and the Council of the City of Salem. WHEREAS, the Council's Judicial Salaries Committee has recommended to th Council that said Council approve local supplements to the salaries of the judges of the courts not of record in the 23rd District as hereinafter set out, such supplements to be 40% of those local supplements now made to the salaries of judge of the Circuit Courts within the 23rd Judicial District, provided, however, the governing bodies of the County of Roanoke and of the City of Salem approve such supplements and share in the payment thereof. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, as authorized by §16.1-69.47 of the 1950 Code of Virginia, as amended, the State salaries of the District Court Judges and of the Juvenile and Domestic Relations D Court Judges in the 23rd District be supplemented $4,067.20 to each said judge, the salary of the Chief General District Judge and of the Chief Juvenile and Domes tic Relations District Court Judge to be supplemented an additional $500.00 per year, all to be effective as of July 1, 1973; provided, however, that the Board of Supervisors of Roanoke County and the Council of the City of Salem concur in the aforesaid local salary supplements in the same proportions as the City of Roanoke, the City of Salem and the County of Roanoke now share in payment of local supplements in the same proportions as the City of Roanoke, the City of Salem and the County of Roanoke now share in payment of local supplements to the salaries of the Circuit Court judges of the 23rd Judicial District. BE IT FURTHER RESOLVED that the City Clerk transmit attested copies hereof to each other within named governing body. ATTEST: APPROVED Deputy City Clerk Mayor strict IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 1973. No. 21068. A RESOLUTION prohibitin9 the issuance of buildin9 permits for all 'con- struction in those areas of the City defined as lyin§ within the intermediate re9- ional flood plain as shown on the several maps and studies of Flood Plain Informati made by the U. S. Army Corps of Engineers, except such construction as may be ordered by the Council. WHEREAS, the Plannin9 Commission of the City of Roanoke has advised the Council that a flood control mana§ement plan for the City is under study by said body and that said Commission will compile and recommend to the Council, within approximately thirty days, comprehensive flood plain zonin9 regulations for incor- poration into the City's Zonin9 Ordinance, and that the protection of the public health, safety and welfare require that, prior to the recommended adoption of said flood plain zonin9 regulations, all construction temporarily be prohibited ill the intermediate regional flood plain, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, for the immediate protection of the public health, safety and welfare, and pendin9 final report and recommendation by the Plannin9 Commission of the City of Roanoke of comprehensive flood plain zonin9 regulations, the Buildin9 Commissioner of the City of Roanoke be and he is hereby directed to deny the issuance of all buildin9 permits for construction in those areas within the City lyin9 in the "intermediate regional flood" plain as shown on the several maps contained in Flood Plain Infor- mation studies for Roanoke River, dated July, 1968, for Peters Creek and Lick Run, dated August 1968, for Tinker Creek and Carvins Creek, dated October 1970, and for Mud Lick Creek, dated February 1971, prepared and published by the Corps of Engi- neers, U. S. Army, Wilmington, North Carolina District, for the period of thirty days from August 6, 1973, except for such construction as may be ordered by the Council. A TTE ST: ~C~ APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 1973. No. 21071. A RESOLUTION approving certain supplements to the salaries of the Judges of the General District Courts and the Juvenile and Domestic Relations District Courts, in the 23rd District, subject to concurrence in the payment of such supple' ments by the Board of Supervisors of Roanoke County and the Council of the City of Salem. WHEREAS, the Council's Judicial Salaries Committee has recommended to th Council that said Council approve local supplements to the salaries of the judges of the courts not of record in the 23rd District as hereinafter set out, such supplements to be 40% of those local supplements now made to the salaries of judge of the Circuit Courts within the 23rd Judicial District, provided, however, the governing bodies of the County of Roanoke and of the City of Salem approve such supplements and share in the payment thereof. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, as authorized by §16.1-69.47 of the 1950 Code of Virginia, as amended, the State salaries of the District Court Judges and of the Juvenile and Domestic Relations D Court Judges in the 23rd District be supplemented $4,067.20 to each said judge, the salary of the Chief General District Judge and of the Chief Juvenile and Domes tic Relations District Court Judge to be supplemented an additional $500.00 per year, all to be effective as of July 1, 1973; provided, however, that the Board of Supervisors of Roanoke County and the Council of the City of Salem concur in the aforesaid local salary supplements in the same proportions as the City of Roanoke, the City of Salem and the County of Roanoke now share in payment of local supplements in the same proportions as the City of Roanoke, the City of Salem and the County of Roanoke now share in payment of local supplements to the salaries of the Circuit Court judges of the 23rd Judicial District. BE IT FURTHER RESOLVED that the City Clerk transmit attested copies hereof to each other within named governing body. ATTEST: APPROVED strict Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 1973. No. 21072. A RESOLUTION requesting the State Highway Commissioner to acquire certai: additional properties in their entirety to be used partly for rights-of-way for extension of Project U000-I28-106, R/W 201, for the Jefferson Street Bridge over the Norfolk and Western Railway Company tracks and Roanoke River to include improve merits to the northwest corner of the intersection of Jefferson Street and Reserve Avenue, S. W., within the corporate limits of the City; and agreeing to reimburse the Commonwealth of Virginia for one hundred percent (100%) of such additional property acquisition and relocation costs upon certain terms and conditions; and, further agreeing to reimburse the Commonwealth of Virginia for fifteen percent (15~ of all construction costs incurred in such extension of said project. WHEREAS, in constructing a new bridge on south Jefferson Street over Roa- noke River and the Norfolk and Western Railway Company tracks and in provid~n9 ade- quate approaches thereto and other improvements of said street and highway, major portions of certain diversely owned small lots abutting the west side of Jefferson Street at and northerly of Reserve Avenue, S. W., are needed for such purposes in order to construct a lane for southbound vehicles on Jefferson Street turning righ on to Reserve Avenue, and to better accommodate traffic moving in the opposite direction through said intersection; and WHEREAS, §33.1-89 of the Code of Virginia, 1950, 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 pro' jects which are constructed with State or Federal participation; and upon receipt of official request from the city or town involved; and §33.1-91 of said Code authorizes said Commissioner, under certain circumstances and conditions which appear to exist in connection with the abovementioned properties, to acquire all of certain properties needed partly for right-of-way purposes. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council hereby requests the State Highway Commissioner to acquire all of those eight (8), 25-foot wide lots situate on the west side of South Jefferson Street and described as Lots 4 through ll, inclusive, as shown on the Map of Pleasant Valley, being Official Nos. 1032103, 1032104, 1032105 and 1032106, major portions of which are needed for rights-of-way for extension of Project U000-128-106, R/W 201, for th Jefferson Street Bridge over the Norfolk and Western Railway Company tracks and Roanoke River so as to include improvements to the northwest corner of the inter- which said proposal is on file in the office of the City Clerk be, and said propos al is hereby ACCEPTED. 2. That the City ~lanager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, a requisite contract with the aforesaid successful bidder, the terms of which, including the aforesaid payment provisions, and provisions requiring adequate insurance coverage to be supplied by said bidder and by its fuel supplier or suppliers, shall be approved by the City Manager, and the form of which shall be approved by the City Attorney, the term of said contract to end at midnight August 31, 1975. BE IT FURTHER ORDAINED that the two other proposals made to the City in response to its aforesaid invitation to bid be, and said other proposals are here- by REJECTED, the City Clerk to so notify each said other bidder and to express to each the City's appreciation for said bids. ATTEST: APPROVED Deputy City Clerk ~Ia yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1973. No. 21073. AN ORDINANCE authorizing the acquisition of a perpetual easement and right-of-way for a public sanitary trunk sewer line to serve the Huff Lane School, upon certain terms and conditions; and providing for an emergency. WHEREAS, an easement to the City in certain property situate between the City's Huff Lane School and Interstate Route 581 is needed by the City for the purpose of constructing, operating and maintaining a public trunk line sewer to serve said property and, later, other properties which may be connected thereto; and the owners of the intervening land have indicated a willingness to grant and convey said easement to the City upon the terms and conditions hereinafter provid- ed; and WHEREAS, for the preservation of the public health and as well as 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 be and he is hereby authorized and directed to accept on behalf of the City and, thereafter, cause to be duly recorded a deed of easement and agree- ment to be made and executed by and between the First National Exchange Bank of Virginia, surviving Trustee under, the will of P. C. Huff, deceased, and others and the City of Roanoke, conveying to the City a perpetual easement for a 15-foot wide sanitary sewer line right-of-way in, under and across said grantors' 165.50 acre tract of land situate between the City's Huff Lane School property and Interstate Route 581, said 15-foot wide right-of-way being approximately 1559.48 feet in len- gth between its terminal points; said deed to contain provisions approved by the City Attorney and, in addition, the City's express agreement that: (a) Usual reservations be made by the owners for use of the land within the described right-of-way, but so as not to damage or interfere with the City's use of same for purposes of the public sewer line; (b) The owners reserve right, under circumstances and at their expense and upon the City's approval, to re- locate the sewer line, or portions thereof, or the right- of-way, itself; (c) The owners would have the right at later times to make extensions of or connections to the public sewer main for use of their residue property without payment of any special fees and charges other than those which are from time to time applied to the general public with respect to sewer extensions and connections and with respect to transmission and treatment of sewage and wastes; and (d) If at any later time the owners' land be condemned for public use, they shall have the right to recover the full value of such land as may be taken without regard to the existence or value of the easement to be granted to the City and without payment or reimbursement by the owners to the City with respect thereto; the consideration for said deed to be the agreements and undertakings of the City contained in said deed. BE IT FURTHER ORDAINED that the City Clerk do forward an attested copy hereof to Mrs. Katherine Huff Tucker, to Mrs. Frances Huff Cart, and to The First National Exchange Bank of Virginia, Trustee, as evidence of the City's appreciation of the conveyance abovementioned. BE IT FURTHER ORDAINED that if, in the course of constructin9 the afore- said trunk line sewer within said right-of-way unharvested corn crops now on said land are damaged or destroyed, the City shall forthwith reimburse to the property owners all such damage at the rate of $2.90 per bushel, not exceeding a total of $175.00, the amount of such damage to be arrived at by agreement approved by the City Manager and representatives of said owners. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1973. No. 21074. AN ORDINANCE to amend and reordain Section ~3, "City Manager," 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 =3, "City Manager," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, 'amended and reordained to read as follows, in part: CITY MANAGER ~3 Personal Services (1) ................... $94,119.00 (1) Net increase- $10,404.00 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 13th day of August, 1973. No. 21075. A RESOLUTION approving the City Manager's issuance of Change Order No. 2, in connection with the City's contract for the construction of phosphorus remo al facilities at the City's Sewage Treatment Plant. WHEREAS, the City Manager, in report to the Council dated August 13, 197 has recommended that the Council approve the issuance of a change order to the City's agreement with English Construction Company, Incorporated, for construction of phosphorus removal facilities at the City's Sewage Treatment Plant, so as to provide for construction of a railroad siding for the delivery of pickle liquor at said Sewage Treatment Plant; and WHEREAS, the Council is of opinion that the change proposed is desirable and, accordingly, concurs in said proposal. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on behalf of the City, Change Order No. 2, to the City's contract with English Con- struction Company, Incorporated, for construction of phosphorus removal facilitie at the City's Sewage Treatment Plant, said change order to provide for amendment of the City's contract with the aforesaid corporation by providing for constructio of a railroad siding for the delivery of pickle liquor at said Sewage Treatment Plant, such change order not to increase the basic contract price by more than the sum of $11,906.75. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1973. No. 21076. AN ORDINANCE to amend and reordain Section ~550, "Sewage Treatment Capitl 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 th 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, a~ the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT CAPITAL IMPROVEMENTS FUND ~550 Sewage Treatment Plant Expansion ... .... $11,906.75 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 August, 1973. No. 21077. A RESOLUTION authorizinq and directin9 issuance to Pizzagalli Corpora- tion, General Contractor, or to the City of Roanoke, Owner, of necessary buildinq permits to allow for construction of certain improvements at the City's Sewage Treatment Plant, in the Intermediate Regional Floodplain. WHEREAS, Resolution No. 21068 of the City Council, adopted August 6, 1973, ordered a stay in the issuance of all buildin9 permits for construction in those areas within the City lyin9 in the Intermediate Regional Floodplain, said stay to be effective for a period of thirty days from August 6, 1973, except for such construction as may be ordered by the Council; and WHEREAS, The City Council had by Ordinance No. 20857 adopted April 20, 1973, approved construction of and awarded a contract to Pizzagalli Corporation f¢ certain improvements at the City's Sewage Treatment Plant, located in the afore- said floodplain, however, other approvals needin9 to be had for the award of said contract, same was not entered into until June 29, 1973, an d the order to commenc work under said contract was not 9iven by the City Manager until July 5, 1973; and WHEREAS, the City Manager has advised the Council that Pizzagalli Corpor. ation, the City's General Contractor, as aforesaid, applyin9 for issuance of the buildin9 permits required to be obtained for the aforesaid construction has been denied said permits, on the authority of Resolution No. 21068, aforesaid, but in such report has assured the Council that the design of the improvements required to be made pursuant to said contract meets the requirements of regulations appli- cable to construction in said floodplain pendin9 before the Council, and that, except for Resolution No. 21068, said buildin9 permits would be issued. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Buildin9 Commissioner of the City of Roanoke be and is hereby directed to issue to Pizzagalli Corporation, General Contractor, or to the City of Roanoke as Owner, a permit or permits for the construction of the public improvements to the City's Sewage Treatment Plant as are set out and described in the written construction Contract dated June 29, 1973, between the aforesaid parties, provided all other buildin9 and other 9eneral requirements of the City be met by said contractor. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1973. No. 21078. AN ORDINANCE to amend and reordain Section =96, "Transportation," of the 1973-74 Appropriation Ordinance, and providin9 for an emerqency. WHEREAS, for the usual daily operation of the Municipal Government of the City of R'oanoke, an emerqency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =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) ......................... $39,000.00 (1) Net increase $24,000.00 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 13th day of Auqust, 1973. No. 21079. AN ORDINANCE authorizin9 a temporary closin§ of the connections of Wiley Drive, S. W. to Franklin Road, S. W., and to Winona Avenue, S. W., to vehicular traffic; and providin9 for an emerqency. WHEREAS, a Committee studyin§ various proposals made for the better use of Wiley Drive, S.W., has recommended that the requlations hereinafter authorized to be imposed on vehicular traffic be applied for a period extendinq throuqh September 2, 1973, durinq which time access to Wiley Drive with vehicles would be had only at its terminal points on South Jefferson Street and on Winchester Avenue S. W.; and WHEREAS, for the preservation of the public peace and safety, an emerqen is declared to exist in order that this ordinance take effect upon its passaqe. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manaqer be and he is hereby authorized and directed to cause and to enforce a temporary closin9, by proper siqns and barricades, of the connections of Wiley Drive, S. W., to Franklin Road, S. W., and to Winona Avenue, S. W., east of Main Street, S. W., to all vehicular traffic, for a period commencing upon adoption of this ordinance and extending through September 2, 1973, such temporary closing of the aforesaid street connections to be accomplished, generally, as provided in Sec. 14, Chapter 1., Title X¥III, of the Code of the City of Roanoke, 1956, as amended. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shal be effective upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1973. No. 21080. A RESOLUTION requesting the Department of Welfare and Institutions of the Commonwealth of Virginia, to approve and participate with the City in needed enlargements and additions to the City's Juvenile Detention Home facility at Coy- net Springs; and, upon such approval, directing that application be made on behalf of the City to the Law Enforcement Assistance Administration for a grant of Federa funds to provide for the cost of necessary engineering and architectural studies and drawings. WHEREAS, committees composed of representatives of the City of Roanoke, which operates the Juvenile Detention Home at Coyner Springs, and of representa- tives of other surrounding governmental units which presently use or desire to make use of said facility, have, after serious studies made of the matter in con- junction with judges, probation officers and other officials cognizant of the need of those communities and of the size and extent of the present facility, concluded and recommended that said Home should be improved and enlarged by the addition of facilities for at least fifteen (15) additional beds, so that, as enlarged, its total capacity for juvenile detainees would be thirty-six (36) beds - 24 for boys and 12 for girls; and WHEREAS, this Council wholly concurs in the aforesaid.recommendations, realizing that the capacity of the facility is now inadequate to serve the needs of the City and of those other governmental units with whom the City desires and is obligated to share said facilities or to serve the needs of other governmental units who desire to make future use of said facilities. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Department of Welfare and Institutions of the Commonwealth of Virginia be and said Department is hereby most urgently requested to consider at said Department's next meeting and to approve and, thereafter, to fully participate in and support the improvement and enlargement of the City's Juvenile Detention Home, at Coyner Springs, so as to increase its present capacity of twenty-one (21) beds for juveni detainees to a capacity of at least thirty-six (36) beds. BE IT FURTHER RESOLVED that the City Clerk be and is directed to forward attested copies of this resolution to the Director of the Department of Welfare an Institutions, in evidence of the request contained herein; and that, upon notifica. tion of approval given by said Department to the aforesaid request, the City Mana- ger be and is directed to make application on behalf of the City to the Law En ment Assistance Administration (LEAA) for a 9rant to the City of Federal funds to assist in defraying the cost of necessary engineering and architectural studies and of plans, drawings and specifications to construct and provide the enlarged facilities. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1973. No. 21081. A RESOLUTION supporting and offering the cooperation of the City with the Roanoke Valley Regional Health Services Planning Council, Inc.,. in a plan and deve opment effort to develop and improve a unified interconnecting emergency medical communications system in the Roanoke Valley area; and endorsing said Planning Coun. oil's application for a grant of funds from the Robert Wood Johnson Foundation. WHEREAS, the City has heretofore concurred with the general objectives o an Emergency Medical Services Plan developed by the Roanoke Valley Regional Health Services Planning Council, Inc., for the Roanoke Valley area, and said Planning Council now proposes development and improvement of emergency medical eommunicatio: systems in the Roanoke Valley area if funding of the costs for necessary equipment and staffing can be made available, proposing, also, that aid may be available through grants offered to be made by the Robert Wood Johnson Foundation, a nation- wide organization with various health-related goals and objectives. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that sai, Council supports the proposal of the Roanoke Valley Regional Health Services Plan- ning Council, Inc., to initiate a program aimed at developing and improving a uni- fied interconnecting emerqeney medical communications system in the Roanoke Valley area at an approximate cost of $250,000 for said program; and does assure said Planning Council of the cooperation of the City of Roanoke in and about the plan- ning and development of such program. BE IT FURTHER RESOLVED that this Council endorses application of the Roanoke Valley Regional Health Services Planning Council, Inc., for a grant of funds to said Planning Council, over a two year period, to provide for implementa- tion of such program which, if initiated, is proposed to be administered by a "Regional Emer§ency Medical Communications Council" formed in the Roanoke Valley a rea. BE IT FURTHER RESOLVED that the City Clerk transmit attested copies of this resolution to the Executive Director of the Roanoke Valley Regional Health Services Planning Council, Inc. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August,. 1973. No. 21082. AN ORDINANCE to amend and reordain certain sections of the 1973-74 Appro priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that cer' tain sections of the 1973-74 Appropriation Ordinance, be, and the same are hereby amended and reordained to read as follows, in part: CITY AUDITOR ~10 Personal Services (1) ................... $235,055.50 MAINTENANCE OF CITY PROPERTY ~64 Personal Services (2)- . ......... ' ......... $306,337.00 GARAGE ~71 Personal Services (3) ................... $350,954.50 (1) Net increase ............... $ 300.00 (2) Net increase $ 580.00 (3) Net increase ---$12,410.00 BE IT FURTHER ORDAINED that, an emerqency existinq, 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 13th day of August, 1973. No. 21083. AN ORDINANCE to amend and reordain Section =290, "Water Department - Distribution ~ Transmission," 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 emerqency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =290, "Water Department - 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 DEPARTMENT - DISTRIBUTION C. TRANSMISSION ~290 Personal Services (1) .................... $399,019.00 (1) Net increase ................. $1,030.00 BE IT FURTHER ORDAINED that, an emer§ency existin9, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of Augus-t, 1973. No. 21085. AN ORDINANCE amendin9 Chapter 4.1, of Title XV, relatin9 to Zonin9, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new section to be numbered Sec. 33.1, definin9 a floodplain zone to be superimposed upon certai zoninq districts within the City, and providin9 re§ulations restrictin§ the use of lands and structures within said zone in order to afford protection to persons and property in those areas within the floodplain; and providin9 for an emerqency. WHEREAS, the Council, being congnizant of the need for and the general benefits to be acquired by the incorporation into the City's general zoning regula+ tions of additional, special regulations regarding and relating to the use of property adjacent to watercourses within the City subject to periodic inundation, referred said matter to the City Planning Commission for consideration and report and recommendation to the Council; and WHEREAS, said City Planning Commission, having studied the matter, has ~; made report and recommendation to the Council, and has proposed to the Council cer- tain amendments of the City's zoning regulations which said amended regulations are~ hereinafter set out and ordained; and WHEREAS, pursuant to the provisions of Sec. 70 and Sec. 71, Chapter 4.1, of Title XV of the Code of the City of Roanoke, 1956, as amended, and after due publication of written notice in a newspaper having general circulation in the City more than fifteen days prior to the holding of a ,public hearing on the ques- tion, a public hearing was held before the Council on the 30th day of July, 1973, in accordance with said notice on the proposal of amending said zoning regulations as recommended by said City Planning Commission at which public hearing all person. in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, upon the Council's due consideration of the recommendations of said Planning Commission and of the matters presented at said public hearing, the Council is of opinion that Chapter 4.1, of Title X¥, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, should be amended as recommended to the Council and as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 4.1, of Title X¥, relating to 'Zoning, of the Code of the City of Roanoke, 1956, as amended, be, and said chapter is hereby amended by the addition of a new section, to be numbered Sec. 33.1, to read and provide as follows: Sec. 33.1. Floodplain Zone: reaulations: ma~s; etc. 1. Intent Floodplain zone regulations are intended to afford protection to persons and property in the floodplain and assist in the minimization of property damage and loss of life caused by the periodic inundation of lands adjacent to water- courses in the City of Roanoke; such protection being provided in an exclusionary manner in order to prevent cumulative effects of increased flood heights and velocities which might arise due to the unwise use of or construction on land in the floodplain, resulting in major pro- perty damage to structures situated therein as well as causing increased flood heights and veloci- ties, with a resultant furthering of encroachments on adjacent lands by flood waters. 2. Definitions: exception. a. For the purpose of the regulations in this section, the floodplain is defined .as those areas in the City of Roanoke lying within the U. S. Army Corps of Engineers' Intermediate Regional Flood line (100 year flood) as indicated in Flood Plain Information Studies on file in the Building Commissioner's Office and entitled: Flood Plain Information, Roanoke River, Roanoke and Salem Virginia - July, 1968 Flood Plain Information, Tillker Creek aa~i Carvi~s Creek, Roanoke, Virqinia- October, 1970 Flood Plain Information. Mud Lick Creek at Roanoke. Virqigi~ - February, 1971 Flood Plain Information. Peters Creek and Lick Run. Roanoke, Virginia - August, 1968 The special requirements of this section shall not apply to properties or structures within the floodplain defined in subsection 2 of this section where dikes, levees or other similar pro- tective improvements, approved as to adequacy and location by the city engineer and by the United States Corps of Engineers, the burden of obtaining approval by said Corps of Engineers to be borne by the owner seeking the same, have been or are being made in such a manner as to cause potential flood waters to have no adverse effect on such property or structure and, at the same time, to have no adverse or added adverse effect on any other property. b. Watercourse.- A natural or artificial chan- nel for passage of running water fed from natural sources in a definite channel and discharging into some stream or body of water. c. Channel. - A perceptible natural or arti- ficial waterway which periodically or continuously contains moving water confined to a definite bed and banks. d. Bank- The elevation of land which confines waters of a stream to their natural channel in their normal course of flow. e. Normal flow- The flow that prevails for the greatest portion of the time; the mean or the average flow. 3. Application. The floodplain zone shall be superimposed upon and made applicable to all other zoning districts shown on the Official 1966 Zoning Map, City of Roanoke, Virginia, Where a conflict in district and zone regulations may occur, the provisions of this section shall prevail. 4. Permitted uses and structure~. The following uses, buildings and structures are permitted in the floodplain zone if not pro- hibited in the zoning district upon which the flood- plain zone is superimposed. a. Park and recreational uses such as playgrounds, playfields, athletic fields, golf courses, bridle trails and nature paths. b. Agricultural uses, including gardening, horti- culture, pasture and cultivation and harvesting of crops. c. When a means of expeditious removal thereof is afforded, parking and open storage of vehicles, equipment and other materials, except those materials, which in time of flooding, are buoyant, flammable, explosive or could be injurious to human, animal or plant life. d. Essential public facilities, which by their nature, must be located in the floodplain, includin9 bridges, sewerage and water facilities, navigational structures, and public water measuring and control facilities. e. Natural areas such as forest and wildlife sanctuaries. In addition, all other principal uses and buildings allowed either as permitted principal uses or special exceptions in the zoning districts upon which these flood- plain zone provisions are superimposed are permitted pro- vided that: a. Buildings are constructed in such a manner that the lowest enclosed useable floor of the structure, in- cluding basement floors, is a minimum of two (2) feet above the elevation of the one hundred (100) year flood (Intermediate Regional Flood as established by the United States Army Corps of Engineers) for the adjoining water- courses. b. In cases where fill is utilized: (1) Such fill, in no case, encroach upon the channel of the watercourse; (2) Such fill be protected against erosion by bulkheading, riprap or suitable vege- tative cover which does not encroach upon the channel of the watercourse; (3) Such fill be of such material and be constructed in such a manner as not to pollute surface or ground water; and (4) Provision be made for flood water passage through or around the filled area, either in the form of culverts or some other openings, sufficient to prevent a material raising of flood water levels either opposite or upstream of the filled area, as determined by the City Engineer. c. In cases where piers are utilized, water and debris passage is not restricted.. d. In cases where only commercial and industrial uses are involved, structures may be constructed in the flood- plain zone provided they are floodproofed in accordance with provisions and requirements of the applicable building codes, but, in a way so as to provide for flood water passage suffi- cient to prevent a material raising of flood water levels either opposite or upstream of the affected area, as deter- mined by the City Engineer. 5. Interpretation of floodolain zone boundaries. The boundaries of the floodplain zone shall be determined from elevations contained in the Flood Plain Information report maps and profiles prepared by the United States Army Corps of Engineers referred to in subsection 2 of this section. Where interpretation is needed due to such boundaries cutting subdivided land parcels or in order to determine the exact location of a boundary, the zoning administrator shall make the necessary interpretation, subject to appeal to the Board of Zoning Appeals. 6. Prohibited Uses ond Structures. The following uses and structures are prohibited in the floodplain zone defined in subsection 2 of this section; a. Dumping of any organic or inorganic material or substance for the purpose of disposal or of filling, except such as is expressly permitted under subsec- tion 4 of this section. b. Public assembly buildings. c. Buoyant, flammable, explosive or toxic materials which could be injurious to human, animal or plant life, either in open or enclosed storage, without proper protective measures as determined by the zoning administrator. BE IT FURTHER ORDAINED that this ordinance shall be in full force and effect from and after its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 1973. No. 21086. AN ORDINANCE amending Chapter 1.1. Building Code, of Title XV. Construc- tion. Alteration and Use of Land. Buildings and Other Str~ctures, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new section to be num- bered Sec. 2.1. FloodDroofinq, providing requirements and regulations relating to buildings and other structures located within the floodplain in the City; and providing for an emergency. WHEREAS, upon recommendation of the City Planning Commission made to the Council and after public hearing held on the proposal, after due and proper notice of such hearing, the Council is of opinion that, for the immediate preservation of the public health and safety, the provisions, requirements and regulations herein- after contained should be established, controlling buildings and other structures hereinafter constructed within the boundaries of the floodplain in the City as said floodplain is defined in subsection 2, Sec. 33.1, of Chapter 4.1, 'Zoning, Title XV of the Code of the City of Roanoke, 1956, as amended; and WHEREAS, for the reasons aforestated, the C cmcil deems an emergency to exist and that this ordinance should take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 1.1. Building Code of Title XV. Construction, etc., of the Code of the City of Roanoke, as amended, be and said chapter is hereby amended by the addition of a new section to be numbered Sec. 2.1. Floodproofinq, to read and provide as follows Sec. 2.1. Floodproofinq. Where a building or other structure is located within a floodplain as defined by sec- tion 33.1, of chapter 4.1. Title XV, of this code, such structure shall be designed or con- structed to resist or overcome anticipated flood conditions referred to in subsection 2 of said section. Such structure shall be designed and constructed so as: a. To be elevated or designed so as to assure protection from both hydrostatic and hydrodynamic loading from anticipated flood levels. b. To be safeguarded from both collapse and flotation. '7 0 c. To provide for adequate protection of all heating and mechanical equipment of structures subject to flood damage. d. To provide protection of electrical installation of structures subject to flood damage as required in applicable electrical codes. e. To provide adequate sewerage and water system protection of structures subject to flood damage, as required in applicable plumbing codes. All existing structures which are scheduled to undergo major improvements, additions, repairs and/or rehabilitation, the cost of which shall exceed 30% of the tax appraised value thereof, shall, to the maxi- mum extent practicable, provide floodproofin9 pro- tection as required in this section. 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 20th day of August, 1973. No. 21087. A RESOLUTION relating to review of all subdivisions and applications for building permits for construction in the floodplain of the City of Roanoke. WHEREAS, the Council of the City of Roanoke has heretofore adopted and i enforcing the 1967 Building Code of the City of Roanoke, as amended; Chapter 4.1 of Title XV of the Code of the City of Roanoke, 1956, as amended, setting forth the zoning regulations in force within the City; and the 1968 Subdivision Ordinanc of the City of Roanoke; and WHEREAS, subsection 106.1(a) of Sec. 2. of Chapter 1.1, Title XV of the Code of the City of Roanoke, 1956, as amended, prohibits any person, firm or cor- poration from erecting, constructing, enlarging, altering, repairing, improving, moving or demolishing any building or structure without first obtaining a building permit for each building or structure from the Building Commissioner; and WHEREAS, the Building Commissioner must examine all plans and specifica- tions for the proposed construction when application is made to him for such build ing permits. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Building Commissioner of the City of Roanoke, when reviewing applications for building permits, includin9 the plans and specifications for the proposed construction, will review all buildin9 permit applications to determine if the proposed construction is consistent with the need to minimize flood damage. 2. That said Building Commissioner shall review all building permit applications to determine if the site of the proposed construction is reasonably safe from flooding and to make recommendations for construction in all locations which have flood hazards. 3. That said Building Commissioner in reviewin9 all applications for con- struction in flood hazard locations within the City of Roanoke shall require that any such proposed construction must: a. Be designed and anchored to prevent the flotation, collapse or lateral movement of the structure or portions of the structure due to flooding; b. Employ the use of construction materials and utility equipment that are resistant to flood damage; c. Employ the use of construction methods and practices that will minimize flood damage; d. Provide adequate drainage in order to reduce exposure to flood hazards; and e. Locate public utilities and facilities on the site in such a manner as to be elevated and constructed to mini- mize or eliminate flood damage, such utilities and facilities including sewer, 9as, electrical and water systems. BE IT FURTHER RESOLVED that the City Engineer, in reviewin9 all subdivi- sion applications, shall make findings of fact and determine whether or not: ATTEST: a. All such proposed developments are consistent with the need to minimize flood damage; b. Adequate drainage is provided so as to reduce exposure to flood hazards; c. Adequate drainage is provided so as not to increase the exposure to flood hazards of adjacent lands; and d. All public utilities and facilities are located, elevated and constructed so as to minimize or eliminate flood damage, these utilities and facilities to include sewer, gas, electrical and water systems. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 1973. No. 21088. A RESOLUTION authorizing the City Manager to make application under the provisions of the National Flood Insurance Act of 1968, for flood insurance coverage in the City of Roanoke; and making certain assurances to the Federal Insurance As-'. ministrator in connection therewith. WHEREAS, certain areas of the City of Roanoke are subject to periodic flooding from major streams and tributaries causing serious damage to residential properties within these areas; and WHEREAS, relief is available in the form of flood insurance as authorize~ by the National Flood Insurance Act of 1968, as amended; and WHEREAS, it is the intent of this Council to comply with land use and management criteria and regulations as required in said Act; and WHEREAS, it is also the intent of this Council to recognize and duly evaluate flood hazards in all official actions relating to land use in the flood- plain areas having special flood hazards; and WHEREAS, Sec. 15.1-486, ~ seq, of the 1950 Code of Virginia, as amended and Sec. 62 of the Roanoke Charter, 1952, authorize the City to adopt land use, control and zoning regulations. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke tha the City Manager be and is hereby authorized, for and on behalf of the City to make application, under the provisions of the National Flood Insurance Act of 1968 as amended, for flood insurance coverage in the City of Roanoke, and in so doing, to execute and to file with the Federal Insurance Administrator of the Department of Housing and Urban Development such supporting maps and documents, including attested copies of this resolution, as are appropriate and necessary under the pro visions of said Act; and BE IT FURTHER RESOLVED that this Council hereby assures said Federal Insurance Administrator as follows: (1) That the Coordinator of Civil Defense of the City of Roanoke is hereby appointed with the responsibility, authority and means to: (a) Delineate or assist the Administrator, at his request, in delineating the limits of the areas having special flood hazards on available local maps of sufficient scale to identify the location of building sites; (b) Provide such information as the Administrator may request concerning present uses and occupancy of the floodplain area; (c) Maintain for public inspection and furnishing upon request, with respect to each area having special flood hazards, information on elevations of the lowest floors of all new or substantially improved structures; (d) Cooperate with Federal, State, and local agencies and private firms which undertake to study, survey, map, and identify floodplain areas, and cooperate with neighboring communities with respect to management of adjoining floodplain areas in order to prevent aggra- vation of existing hazards; and (e) Submit on the anniversary date of the City's initial eligibility, an annual report to the Administrator on the progress made during the past year within the community in the development and implementation of flood- plain area management measures. (2) That it will take such other official action as may be necessary to carry out the objections of the program. BE IT FURTHER RESOLVED that the Council doth hereby appoint the City Manager with the overall responsibility, authority and means to implement all com- mitments herein made. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20 th day of August, 1973. No. 21089. AN ORDINANCE to amend and reordain Section e29, "Commonwealth's Attorney Investigator," 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 Sec- tion ~29, "Commonwealth's Attorney Investigator," of the 1973-74 Appropriation Ordinance, be, and the same ~ hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY INVESTIGATOR ~29 Office Furniture and Equipment - New ........................... $363.99 Travel ..................................... 545.82 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 August, 1973. No. 2109°. A RESOLUTION indicating general approval of certain plans for the loca- tion and design of a section of State Route 24 and of State Route 115, (13th Street, S. E.,) in the City of Roanoke, as developed and presented by the Virginia Depart- ment of Highways for Route 24, Project 0024-128-103, PE-IO1 and for Route 115 Pro- ject U000-128-102, PE-IO1, 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 a section of Route 24 between llth and 19th Streets, S. E., in the City, and for a section of Route 115, from Riverdale Road to Dale Avenue, S. E., herein- after referred to by location and by project number, said plans showing, among other things, proposed connections and interchanges with existing roads and street , 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 who is advised that a public hearing has been scheduled and advertised to e held on said plans on September 12, 1973; and 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 thi Council hereby generally approves and concurs in the plans developed by the Virgin. ia Department of Highways for the location and design of that section of State Route 24 extending from llth Street, S. E., to 19th Street, S. E., and of the sec- tion of State Route 115 extending from Riverdale Road, S.E., to Dale Avenue, S.E., each in the City of Roanoke, as shown on the plans of State Highway Projects 0024- 128-103, PE-iO1 and U000-128-102, PE-iO1, respectively, to be presented at the public hearing advertised to be held thereon by said Department on September 12, 1973, a copy of which said plans are on file in the office of the City Clerk. BE IT FURTHER RESOLVED that attested copies of this resolution be fur- nished 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. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 1973. No. 21091. A RESOLUTION reaffirmin9 and implementin9 the City's policy of equal opportunity of employment in the municipal 9overnment. WHEREAS, the Council of the City of Roanoke considers it appropriate, timely and in order that it take recognition of the pro§ress which the Community Relations Committee, duly appointed by the Council of the City of Roanoke, and the City of Roanoke, acting through its duly constituted officials, constitutional officers, boards and agencies and with their respective employees, teachers and thel citizens of the City of Roanoke, have made in the area of their study and proposalNI for equal opportunity of employment in the municipal government of the City of Roanoke; and WHEREAS, it is the intent and determination of this Council to re-empha- size and implement its previous declaration that equal employment opportunity is the policy of the City of Roanoke. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke tha~ said council doth hereby: 1. Reaffirm that it operates the municipal government for the benefit of the public without regard to race, color, national origin, religion or sex; and doth hereby reaffirm its policy of examining, employing, assigning, promoting and discharging, without regard to race, color, national origin, religion or sex, all personnel of the Roanoke City municipal government; 2. Direct the City Manager to strive to achieve, as openings and vacan- cies in employment exist or occur in City government, a minority 9roup employment balance and, within the standards for employment presented by the Council, a minority 9roup distribution of employees more in keeping with the minority 9roup balance in the City; 3. Authorize the Mayor of the City of Roanoke to appoint, with the con- currence of Council, a Fair Employment Practices Committee, consisting of five citi~ zens of the City, which committee shall have such duties and responsibilities direc'~t- ed toward the implementation of the intent of this resolution as Council may deter-'~ mine from time to time. The committee shall report to the City Manager and may make to said City Manager such recommendations and proposals as it may deem neces- sary from time to time. Members of said committee shall serve at the pleasure of e Council; 4. Authorize the Mayor of the City of Roanoke in his discretion to em- power, with the concurrence of the Council, said Fair Employment Practices Commit- tee to: 3'7 (a) Receive from the Personnel Director notice of vacancies and impend- ing vacancies in City departments and be advised of qualifications, salary, etc. Such notice should be given immediately upon the Personnel Director receiving knowledge of the vacancy from the Department Head; (b) Recommend qualified minority group applicants to fill vacancies in such departments. The Personnel Director, with the cooperation of the Department Heads, before filling a vacancy should, where possible, consult with the committeel for qualified minority group applicants. If the committee, in its judgement, con-~ siders that recommendations of said committee have not been employed and that such action constitutes discrimination because of race, color, national origin, religion or sex, the committee may so report in writing to the City Council. The Council, in its discretion, may direct of the City Manager a report on the matter and if the City Council considers that discrimination has occurred, it shall instruct the City Manager to take such steps as the City Council deems appropriate and as are consistent with the personnel ordinances of the City; and (c) Establish, between the City Manager and said committee such rules ' and procedures as may be necessary to conform with the intent of this resolution' 5. Reaffirm its desire to continue to have all personnel of the City of Roanoke cooperate and work with the Community Relations Committee in matters of equal opportunity of employment in municip al government; provision of adequate recreational facilities; elimination of dilapidated housing, and improvement in minority group citizen-police relations. BE IT FURTHER RESOLVED that said Council urges all citizens of the City of Roanoke to join the Council, the City Manager, and all municipal employees in working together to implement the foregoing statement of principles. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 1973. No. 210 92. A RESOLUTION approving a certain Amendment, being Amendment No. 1, to the Redevelopment Plan for the Downtown East Redevelopment Project, Project No. VA R-42, located in the southeast section of the City of Roanoke, Virginia, enlarging the boundary of the redevelopment project, changing permitted land uses, parking requirements and building location requirements, and making new provision for air rights, for historic preservation of the No. 1 Fire Station site and buildings, and provision for underground utility lines and facilities. z71 WHEREAS, the Council of the City of Roanoke, Virginia, by Resolution No. 18045, adopted on the llth day of March, 1968, approved the Redevelopment Plan for the Downtown East Redevelopment Project, Project No. VA. R-42, located in the south- east section of the City of Roanoke, Virginia, theretofore proposed to be initiated by the City of Roanoke Redevelopment and Housing Authority, a copy of which said Redevelopment Plan was directed by said Resolution to be filed by the City Cle~ with the minutes of said meeting of the Council; and WHEREAS, said Authority has subsequently approved for its initiation, by Resolution adopted on the 25th day of July, 1973, after public hearing held thereon, Amendment No. 1 to the aforesaid Redevelopment Plan which entails changes in the project boundary, land use, parking requirements, certain building location requirements covering air rights, historical preservation, and underground utility lines and facilities; and has proposed and requested that the Council of the City of Roanoke similarly approve Amendment No. 1 to said Redevelopment Plan, and that the Downtown East Redevelopment Project be amended as hereinafter set forth; and WHEREAS, the City Planning Commission, which is the duly designated and acting official planning body for the City, has submitted to the Council its report and recommendations respecting the amended Redevelopment Plan for the Redevelopment Area and has advised and reported that the Redevelopment Plan, as proposed to be amended, conforms to the Master Plan of the City as a whole; and the Council has duly considered, in regular public meeting, the aforesaid proposal and request and the report and recommendations of said Planning Commission and, at said public meeting, the expressions of all citizens and persons appearing and desiring to be heard at said meeting; and WHEREAS, the aforesaid changes in and additions to the original Redevelop- ment Plan proposed by Amendment No. 1, thereto, have been incorporated into a new plan for said Project, entitled "Redevelopment Plan, Downtown East Redevelopment i Project, Project No. VA. R-42, revised February 12, 1973". i NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke thatl! said Council doth hereby expressly APPROVE Amendment No. 1 to the Redevelopment Plan for the Downtown East Redevelopment Project, Project No. VA. R-42, approved July 25, 1973, by the City of Roanoke Redevelopment and Housing Authority, said Amendment No. 1, providing, generally, for the following: Boundary Description: The boundary for the Redevelopment Project has been revised to include two additional properties facing on Jefferson Street being the properties situate on the east line of South Jefferson Street, the first having dimensions of approximately 50 feet frontage on Jefferson Street and approximately 90 feet depth, and the second havin9 dimensions of approximately 30 feet frontage on Jefferson Street and approximately 154 feet depth, and bearing Official Nos. 4011716 and a northerly portion of 4011913, respectively, and certain minor interior revisions shown in detail on Land Use Map R-212, dated January, 1973, and Land Acquisition and Boundary Map R-213, dated February, 1973. Land Use: The new proposed pattern of land use for the Redevelopment Area is divided into 4 basic use designations which will not further restrict or change the desired 'developments, but will allow the maximum flexibility to successfully complete development, as well as provide for the public or semipublic area needed in the Historical Preservation of the Downtown Fire Station. Parkina Requirements: The Redevelopment Plan has been revised to reflect realistic requirements as to the number of parking spaces required for the development anticipated which is still more restric- tive than required by proposed CBD 'Zoning. Buildinq Location: A special requirement relating to the building location in relationship to Jeffer- son Street has been omitted. Air Righ~: A provision has been added which will allow the construction of pedestrian walkways over Tazewell Avenue, which will provide the connection between the 2 commercial and transit accomodation uses. Historic Preservation: Conservation standards have been included to provide for the Historic Preser- vation of the Downtown Fire Station. Underground Utility Lines: A provision has been added which requires that all utility lines and facilities be placed underground. BE IT FURTHER RESOLVED, that the amended plan entitled "Redevelopment Plan, Downtown East Redevelopment Project, Project No. VA. R-42, Revised February 12, 1973" reflecting said Amendment No. 1, having been duly considered, is hereby APPROVED; and the City Clerk be and is hereby directed to file a copy of said Redevelopment Plan with the minutes of this meeting. APPROVED ATTEST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 1973. No. 21093. AN ORDINANCE authorizing the City's execution of a Revised Cooperation Agreement with the City of Roanoke Redevelopment and Housing Authority, carrying into effect an Amended Redevelopment Plan for the City designated "Redevelopment Plan for the Downtown East Redevelopment Project, Project No. VA. R-42, Revised February 12, 1973," to supersede the Cooperation Agreement heretofore authorized by Ordinance No. 18046; setting out the City's obligations with respect to said Project, and providing for an emergency; WHEREAS, by Ordinance No. 18046 adopted by the Council of the City of Roanoke on March ll, 1968, said Council authorized and directed that an agreement of the same date by and between the City of Roanoke Redevelopment and Housing Autho- rity and the City of Roanoke be executed, in order to implement the original Redevel- opment Plan of the Downtown East Redevelopment Project approved by the Council on the same date; and WHEREAS, said Council has approved an Amended Redevelopment Plan prepared by said Authority for an area in a southeast section of the City of Roanoke and designated as the "Redevelopment Plan for Downtown East Redevelopment Project, Pro- ject No. VA. R-42, Revised February 12, 1973" consisting of the original Redevelop- ment Plan and of Amendment No. 1, thereto, approved July 25, 1973, by said Authori- ty; and WHEREAS, the Council of the City of Roanoke is willing to assist and co- operate with said Authority in carrying said Plan into effect and, accordingly, deems it necessary and appropriate to enter into a Revised Cooperation Agreement with said Authority as hereinafter provided, in lieu of and superseding the afore- said Cooperation Agreement of March 11, 1968; and WHEREAS, the Revised Agreement herein authorized to be entered into commits the City to pay to said Authority the sum of $303,518, cash, within ninety, (90), days from the date of said agreement, viz. August 6, 1973, to pay to said Authority in cash, upon demand and as needed by said Authority, $181,588 for certain ineligible project costs, $100,127 for certain off-site improvement costs, and to purchase certain land from said Authority for an estimated consideration of $40,477; and there have been appropriated by the Council sums sufficient for all such payments; and WHEIIEAS, for the usual daily operation of the municipal government an emergency is hereby declared to exist in order that this ordinance may take effect upon its passage. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, in order to carry into effect the Amended Redevelopment Plan prepared by the City of Roanoke Redevelopment and Housing Authority, designated "Redevelopment Plan Downtown East Redevelopment Project, Project No. VA. R-42, Revised February 12, 1973" this Council doth hereby APPROVE that certain Revised Cooperation Agree- ment for the Downtown East Redevelopment Project, Project No. VA. R-42, between th, City of Roanoke and the City of Roanoke Redevelopment and Housing Authority drawn under date of August 6, 1973, a copy of which is on file in the office of the City Clerk, the effect of which is to obligate the City to assist and cooperate with sai Authority in implementing and carrying out the aforesaid Redevelopment Plan and to agree upon and obligate the City to a one-third share of the net cost of said Project, said one-third share being estimated to amount to $2,256,306, which in- cludes all cash and non-cash local grants-in-aid and real estate tax credits appli- cable to said project, and which obligates the City to pay to said Authority the sum of $303,518, cash, as a cash grant-in-aid within ninety, (90), days after the date of said Agreements, the estimated sum of $181,588, cash, for certain ineligi- ble project costs and $100,127, cash, for certain off-site improvene nt costs upon demand and as needed by the Authority, and the estimated sum of $40,477, cash, as consideration for said Authority's sale and conveyance of certain real estate for the widening of boundary streets of said Project when said land is available for disposal to the City; said Revised Cooperation Agreement to have the effect of superseding and of merging thereinto the Cooperation Agreement dated March 11, 1968, heretofore entered into between said parties in connection with said Project as heretofore authorized by Ordinance No. 18046 of the Council. BE IT FURTHER ORDAINED that the Mayor be and he is hereby authorized and directed to execute the aforesaid Revised Cooperation Agreement under date of August 6, 1973, on behalf of the City of Roanoke, upon approval by the City Attor- ney of the form thereof, and that the City Clerk be and is hereby authorized to affix thereto the City's seal, and to attest the same. BE IT FINALLY ORDAINED that an emergency exists and that this ordinance be in force and effect upon its passage. ATTEST: Deputy City Clerk APPROVED Mayor REVISED COOPERATION AGREEMENT DOWNTOWN EAST REDEVELOPMENT PROJECT PROJECT NO. VA. R-42 ROANOKE, VIRGINIA THIS AGREEMENT, entered into this 6th day of August, 1973, by and betwee the City of Roanoke Redevelopment and Housing Authority, a duly organized and existing body politic of the Commonwealth of Virginia, (hereinafter called the "Authority"), and the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia, (hereinafter called the "City"). WITNESSETH THAT: WHEREAS, by Resolution adopted on August 6, 1973, the Council of the Cit of Roanoke approved an Amended Redevelopment Plan adopted by the Authority, desig- nated "Redevelopment Plan, Downtown East Redevelopment Project; Project No. VA. R-42, Revised February 12, 1973"; and WHEREAS, said Plan contemplates the acquisition by the Authority of land within the project area as shown on the "Land Acquisition and Boundary Map" attach ed hereto as Map No. RP-2, the clearance of the improvements thereon and the sale and reuse of portions thereof for Transit Accommodations and Commercial, semipubli and public, limited Commercial and Office and Residential purposes, which uses have been determined by the City to be in accordance with certain definite local objectives as to appropriate land use, all as set forth in said Plan; and WHEREAS, in order for the Authority to effectuate said Plan, the assist- ance of both the Federal Government and the City is required; namely, of the Federal Government by lending funds needed to defray the gross cost of the Project and,upon completion of the Project and repayment of such loan, by contributing two-thirds of the net cost of the Project; and of the City by making certain local grants-in- aid (as specified in Title I of the Housing Act of 1949, as amended), as hereinafter provided, in a total amount equal to one-third of the net cost of the Project; and WHEREAS, The Authority has applied to the Federal Government for financial assistance under said Title I, and it now devolves upon the City to take certain actions and to provide certain grants-in-aid which are estimated, on the basis of surveys and plans heretofore made by the Authority, to be required in the total amount of $2,256,306 to satisfy the City's one-third share obligation, and it appears that the City is entitled to a non-cash grant-in-aid credit in the amount of $1,883,042 and a tax credit in the amount of $69,746 toward this obligation, making the City's total local cash share of the Project the sum of $303,518. NOW, THEREFORE, in consideration of the benefits to accrue to the City and its citizens from the Project, and of the mutual covenants hereinafter set forth, the Authority and the City agree as follows: I. In order to assist the Authority in undertaking the Project, the City agrees to make the following grants-in-aid to the Authority: 1. Cash Grant-in-Aid 2. Non-Cash Grants-in-Aid 3. Real Estate Tax Credits TOTAL CITY (]RANTS-IN-AID $ 303,518 1,883,042 69,746 $2,256,306 With respect to the aforesaid City grants-in-aid, it is agreed as follows: A. Cash Grant-in-Aid The City agrees to pay the Authority the sum of $303,518 in cash within ninety, (90), days following the date of this Agreement, it being agreed and understood that said sum is and shall be the City's total cash grant- in-aid obligation for said Project. B. Non-Cash Grants-in-Aid In arriving at the sum of $1,883,042 as the City's non-cash grants-in-aid, the following credits have been allowed against the City's total Project obligation of $2,256,306: 1. Credit for Purchase o£ HosPital Site (Section 112 Credit) The Authority agrees to give the City non-cash grant-in-aid credit in the amount of $538,661 for monies expended by the Community Hospital of Roanoke Valley for the purchase of a site on which was constructed the Community Hospital of Roanoke Valley. 2. Credit for Demolition Work Performed by Hospital The Authority agrees to give the City a non-cash grant-in-aid credit in the amount of $600 for monies expended by the Community Hospital of Roanoke Valley for demolition work necessary to clear land for the construction of said hospital. 3. Credit for Demolition and Removal Work The Authority agrees to give the City non-cash grant-in-aid credit in the amount of $4,175 for monies expended by the City for the removal of water meters in the area. 4. Credit for Proiect Improvements The Authority agrees to give the City non-cash grants-in-aid credit in the amount of $18,846 for monies expended by the City and the State for certain Project improvements as shown below: Total Percent I~m Non-Federal Eligible Cr~di~ Elm Avenue Construction $ 3,364 50% $ 1,682 Traffic Signals 12,500 50% 6,250 Right-of-Way 21,828 50% 10.914 TOTAL CREDIT $18,846 5. Credit £0r Su,p~rtinq Facilities The Authority agrees to give the City non-cash grant-in-aid credit in the amount of $1,170,270 for monies expended by the City and the State for certain improvements considered support- ing facilities as shown below: Item Elmwood Park Off-Site Improvements Municipal Complex Total Percent Non-Federal Eliaible Credi~ $ 151,347 15% $ 22,702 13,294 50% 6,647 4,563,682 25% 1,140.921 TOTAL CREDIT $1,170,270 6. Pooling Credits The Authority agrees to credit to the City's one-third share of the net Project cost, $150,490, and apply said sum to the cost of the Project, the sum being excess credits to the City generated through other redevelopment projects. C. Tar C~edit The Authority agrees to give the City a credit against said City's total grant-in-aid obligation in an amount presently estimated to be $69,746, in lieu of payment by the Authority of City real estate taxes on property the Authority acquires pursuant to the Redevelopmm t Plan. II. Ineligible Project Improvements Certain of the Project improvements to be accomplished by the Authority will benefit areas of the City adjacent to, but outside of, the Project boundaries and to the extent of such benefit are ineligible as Project costs. Accordingly, in addition to all foregoing cash and non-cash grants-in-aid obligations of the City, the City agrees to pay the Authority in cash and upon demand as said funds are needed by the Authority, a sum estimated to amount to $181,588 as the aggregate of the ineligible portion of Project improvements cost which are listed as estimates below: SUMMARY OF PROJECT IMPROVEMENTS Item Street Improvement Sanitary Sewer System Water Distribution System Storm Drainage System Rough Grading Engineering ~ Inspection Eligible Total Percent Project Ineligible Cost Eligible Cost City Cost $367,868 V~ries $296,167 $ 71,701 67,719 Varies 48,979 18,740 43,962 Varies 28,723 15,239 214,112 Varies 159,647 54,475 57,615 100 57,615 --0-- 65,767 Varies 44,334 21,433 $181,588 TOTAL ESTIMATED CITY COST III. Land Conveyance From Authori;y to Cit~ The Authority agrees to sell and the City agrees to purchase when available, project land designated as Parcels A, B, G and part of C shown on the "Property Disposal Map" (Map No. R-226, No. 9). Such land constitutes all project land necessary for the widening of Project Boundary Streets. The total area of said parcels is 22,915 Sq. Ft. and the same is to be sold and conveyed to the City by the Authority for an estimated consideration of $40,477, cash, said sum to be 50% of the appraised disposal value of said land. IV. Construction of Off-Site Improvements The City agrees to pay the Authority upon demand and as needed by the Authority, the estimated sum of $100,127 for monies to be expended by the Authority for certain off-site improvements listed below: SUMMARY OF OFF-SITE IMPROVEMENTS Item 1. Tazewell Avenue Construction $30,143 2. Second Street Addition Construction 64,154 3. Church Avenue Addition 5.830 TOTAL COST V. Streets Vacation $100,127 Upon request of the Authority, and insofar as can lawfully be done, the City will vacate, close and abandon those streets, roads, alleys, or other public ways proposed to be vacated as shown on the map entitled "Land Acquisition and Boundary Map" (Map No. RP-2). The City agrees to vacate said public ways at no cost or expense to the Authority, other than fees charged by attorneys of the Authority, fees to viewers and the cost of advertising; and the City agrees to cooperate with the Authority by taking such other lawful actions in connection with the vacating of said streets as may be reasonably necessary in the carrying out of the Project. VI. O. bliqa~;io~s Free of I~te. re~t The sums payable hereunder by either of the parties hereto to the other shall not bear interest. VII. Adjustment of One-Third Sh~re After all cash and non-cash grants-in-aid are made and/or provided for by the City under this Agreement, if the Authority determines that the sum of all such grants-in-aid are less than one-third of the total actual net Project cost, the City shall pay to the Authority on demand the difference in cash, provided, however, that if the Authority determines that the same exceeds the City's share of one-third of the total actual net Project cost, the Authority shall, if requested by the City, apply the same as a credit against the City's obligations in other projects undertaken by the Authority, or, if the City does not so request, such excess of the City's cash grants-in-aid or of other cash payments made by the City to the Authority hereunder shall be refunded, without interest, to the City, and such excess of non-cash grants-in-aid or of other credits made or given by the City to the Authority shall be held or applied by the Authority as a credit to the City for or against the City's obligations in other projects undertaken by the Authority. VIII. The parties hereto expressly agree that the Cooperation Agreement dated March 11, 1968, heretofore entered into between said parties with respect to the aforesaid Project is superseded by and merged into this Revised Cooperation Agreement. IN WITNESS WHEREOF, the City, pursuant to the Authority contained in Ordinance No. adopted , and the Authority, pursuant to Resolution of its Commissioners adopted July 25, 1973, have respectively caused this Agreement to be duly executed as of the day and year first above written. (SEAL) ATTEST: BY: CITY OF ROANOKE MAYOR CITY CLERK ( SEAL ) ATTE ST: CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY BY: CHAIRMAN SECRETARY IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 1973. No. 21094. AN ORDINANCE to amend and reordain certain sections of the 1973-74 Appro- priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that cer- tain sections of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: REVENUE SHARING TRUST (1) - 0- POLICE DEPARTMENT ~45 Personal Services (2) ..................... $1,979,010.00 (1) Net decrease- $560,848.00 (2) Net increase- $560,848.00 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 August, 1973. No. 21095. 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 Sec- tion =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 Personal Services (1) ......................... $1,418,162.00 (1) Net decrease $560,848.00 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 August, 1973. No. 21097. AN ORDINANCE to amend Ordinance No. 20989, providing a System of Pay Rates and Ranges for the employees of the City of Roanoke, by adding to Schedule 2 of said System of Pay Rates and Ranges a new code position for Management Engi- neer; and providing the range and pay steps applicable to said new position; pro- viding the effective date of the changes 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 addition of the following code position, range and pay steps, viz.: CQde Classification Nome Management Vacant Engineer Ranae Steo 26 1 Annual Salary $11,952.00 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 20th day of August, 1973. No. 21099. AN ORDINANCE conditionally amending paragraph (1) of the contract dated August 1, 1951, between the City of Roanoke and Roanoke Railway & Electric Compan and Safety Motor Transit Corporation, relating to public bus transportation, so a to provide for payment by the City to Roanoke City Lines, Inc., of certain sums, monthly, over a period commencing July 14, 1973; and providing for an emergency. WHEREAS, the City Council's Transportation Study Committee has by repor dated August 13, 1973, recommended to Council that that certain contract dated August 1, 1951, between the City of Roanoke and Roanoke Railway & Electric Compan and Safety Motor Transit Corporation as amended by Ordinance No. 20600, adopted December 18, 1972, be further amended as more fully set out in said report and hereinafter in this ordinance; and Council having received and filed said report, and fully concurred in same; and WHEREAS, it is necessary for the usual 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 Railway ~ Electric Company and Safety Motor Transit Corporation be, and the same hereby is, amended in the following particulars, only, 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 per month, in lieu of any sums heretofore authorized to be paid from and after July 14, 1973; beginning July 14, 1973, and continuing through September 30, 1973, except that such period may be extended as provided in paragraph (15) as amended. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in effect upon its passage, provided, however, that the amendment 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 6 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 amendment of the aforesaid contract to the extent only as provided for herein. ATTEST: Deputy City Clerk Ma yor APPROVED Da ted: Signed: to Roanoke Railway ~ Electric Company and Safety Motor Transit Corporation as evi- dence of said company's acceptance and approval thereof. Roanoke City Lines, Inc., successor in interest to Safety Motor Transit Corporation, and Roanoke Railway g Electric Company By, President This ordinance is hereby endorsed by Roanoke City Lines, Inc., successor in interest IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 1973. No. 21100. A RESOLUTION recognizing the public services of the Honorable T. T. Moor as a member of the School Board of the City of Roanoke. WHEREAS, the Honorable To T. Moore, a former member of the City's School Board, having served as a member thereof from July, 1967 until June, 1973, and as Vice-Chairman thereof from July, 1972 to June, 1973; and WHEREAS, as a member and as Vice-Chairmen of said School Board he devote large quantities of his time and energy and of his abilities for leadership, plan- ning, and organization in providing, through said School Board, an efficient opera. tion of the public school system in the City of Roanoke and wise management and use of the public funds made available to said School Board, at all times coopera- ting with the Council in coordinating operating plans of said School Board with overall planning of the City Council; and WHEREAS, said former member of the School Board has displayed peculiar interest in all phases of the City's public school system and in the interests of the individuals affected by said school system, students, teachers and employ- ees, alike; and has been instrumental in introducing into the City's school new programs and new methods of teaching and instruction; and has been effective in implementing the Council's program of capital improvements as the same relates to new or enlarged school buildings in the City. THEREFORE, BE IT RESOLVED by the Council of Roanoke that this Council formally recognizes the contributions made to the City's public school system by the Honorable T. T. Moore while serving as a school trustee on the School Board of the City of Roanoke; and does hereby extend to said former school trustee this Council's appreciation for the public services he has rendered while a member of said School Board. BE IT FURTHER RESOLVED that attested copies hereof be transmitted by the City Clerk to the Honorable T. T. Moore, and to the School Board of the City of Roanoke. A T TE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 1973. No. 21101. A RESOLUTION recognizin9 the public services of the Honorable Herman H. Pevler as a member of the School Board of the City of Roanoke. WHEREAS, the Honorable Herman H. Pevler has tendered to the Council his resignation as a member of the City's School Board, after havin9 served as a member thereof from July, 1970 until the time of his resignation; and WHEREAS, as a member of said School Board he devoted large quantities of his time and energy and of his abilities for leadership, p!anning and organiza- tion in providing, through said School Board, an efficient operation of the public school system in the City of Roanoke and wise management and use of the public fundi~ made available to said School Board, at all times cooperating with the Council in coordinating operating plans of said School Board with overall planning of the City' Council; and WHEREAS, said former member of the School Board has displayed peculiar interest in all phases of the City's public school sys'tem and in the interests of the individuals affected by said school system, students, teachers and employees, alike; and has been instrumental in introducing into the City's school system new programs and new methods of teaching and instruction; and has been effective in implementing the Council's program of capital improvements as the same relates to new or enlarged school buildings in the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council formally recognizes the contributions made to the City's public school system by the Honorable Herman H. Pevler while servin9 as a school trustee on the School Board of the City of Roanoke; and does hereby extend to said former school trustee this Council's appreciation for the public services he has rendered while a member of said School Board. BE IT FURTHER RESOLVED that attested copies hereof be transmitted by the City Clerk to the Honorable Herman H. Pevler, and to the School Board of the City of Roanoke. A TTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 1973. No. 21102. A RESOLUTION recoqnizinq the public services of the Honorable C. E. Norris as a member of the School Board of the City of Roanoke. WHEREAS, the Honorable C. E. 'Norris, a former member of the City's Schoo Board, havin9 served as a member thereof from July, 1969, until June, 1973; and WHEREAS, as a member of said School Board he devoted larqe quantities of his time and enerqy and of his abilities for leadership, planninq and orqaniza- tion in providinq, throuqh said School Board, an efficient operation of the public school system in the City of Roanoke and wise manaqement and use of the public funds made available to said School Board, at all times cooperatinq with the Coun- cil in coordinatinq operatin9 plans of said School Board with overall plannin9 of the City Council; and WHEREAS, said former member of the School Board has displayed peculiar interest in all phases of the City's public school system and in the interests of the individuals affected by said school system, students, teachers and employees, alike; and has been instrumental in introducin9 into the City's school system new proqrams and new methods of teachin9 and instruction; and has been effective in implementinq the Council's proqram of capital improvements as the same relates to new or enlarqed school buildinqs in the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that thi Council formally recognizes the contributions made to the City's public school system by the Honorable C. E. Norris while servinq as a school trustee on the School Board of the City of Roanoke; and does hereby extend to said former school trustee this Council's appreciation for the public services he has rendered while a member of said School Board. BE IT FURTHER RESOLVED that attested copies hereof be transmitted by the City Clerk to the Honorable C. E. Norris and to the School Board of the City of Roanoke. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 1973. No. 21103. A RESOLUTION authorizing and directing an in-depth analysis of Alternative Three pursuant to the Roanoke Regional Area Technical Transit Study being undertaken for the City by Wilbur Smith and Associates, Consulting Engineers and Planners. WHEREAS, by Ordinance No. 20751, heretofore adopted on March 12, 1973, the Council authorized the employment of the firm of Wilbur Smith and Associates, Consulting Engineers and Planners, for the purpose of preparing a comprehensive Regional Area Technical Transit Study for the Roanoke metropolitan area, at a cost of $33,000.00; and WHEREAS, the Council's Transportation Committee by report dated August 13, 1973, concurred in by the City Manager, has recommended to the Council that Alterna- tive Three set forth in exhibit attached to said report be made the subject of an in-depth analysis, in which recommendation Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does hereby authorize and direct the firm of Wilbur Smith and Associates, Consulting Engineers and Planners to make an in-depth analysis of Alternative Three pursuant to the Roanoke Regional Area Technical Transit. Study. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit an attest- ed copy of this resolution to the firm of Wilbur Smith and Associates, Consulting Engineers and Planners. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The~ 27th day of August, 1973. No. 21084. AN ORDINANCE granting to ROANOKE GAS COMPANY the right for a term of twenty (20) years and upon the conditions herein stated, to use the public streets, alleys, bridges and other public ways of the City to construct, operate and maintain and extend, a gas distribution system and to construct, install and maintain under- ground gas lines, pipes, meters and all other additional appliances and appurtenan- ces necessary and incidental to the usual operation and maintenance of a gas works and gas distribution system in and along said public streets, alleys, bridges and other public ways in the City of Roanoke, Virginia; establishing conditions control--.: ling the exercise of said franchise and the sale and distribution of gas services; and regulating the manner of using said streets, alleys, bridges and public ways. WHEREAS, a proposed ordinance entitled "AN ORDINANCE granting to the right, for a term of twenty (20) years and upon the conditions herein stated, to use the public streets, alleys, bridges and other public ways of the City to construct, operate and maintain and extend, a gas dis- tribution system and to construct install and maintain underground gas lines, pipes, meters and all other additional appliances and appurtenances necessary and incidental to the usual operation and maintenance of a gas works and gas distribu- tion system in and along said public streets, aIleys, bridges and other public ways in the City of Roanoke, Virginia; establishing conditions controlling the exercise of said franchise and the sale and distribution of gas services; and reg- ulating the manner of using said streets, alleys, bridges and public ways." was ordered on July 16, 1973, by the Council of the City of Roanoke to be advertised, after its terms had been duly approved by the ~layor of said City and by its City Council; and WHEREAS, the terms of said ordinance were published once a week for four successive weeks in The Roanoke World-News, a newspaper published in the City of Roanoke and having general circulation in said City of Roanoke, which said adver- tisement invited bids for the franchise proposed to be granted in said ordinance, said bids to be in writing and delivered upon the day and hour named in said ad- vertisement to the presiding officer of the Council, in open session; and WHEREAS, at the session of said Council to receive said bids, the pre- siding officer caused to be read aloud the only bid received, being the bid of Roanoke Gas Company, in writing in the following words and figures, and accompanie by a certified check of said bidder in the sum of $250.00, as required in said adve rti sement: TO THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Gentlemen: "August 20, 1973 1. This Corporation will, within fifteen (15) days from the acceptance of this bid, execute a bond with 9ood and sufficient security approved by the City Manager, payable to the City of Roanoke, Virginia, in the penal sum of Five Thou- sand Dollars ($5,000.00) conditioned upon maintaining the plant as required by the terms of the foregoing Ordinance. On July 16, 1973, your Honorable Body adopted an Ordinance providing for a franchise to construct, maintain, operate and keep in repair a gas works and dis- tribution system in the City of Roanoke, Virginia, including gas lines and all other additional appliances and appurtenances necessary and incidental to the usual operation and maintenance of a gas wor'ks and distribution system, in under, upon, along, over and across the public highways, roads, streets, alleys, gridges and rights-of-way in the City of Roanoke, Virginia, and the sale of said franchise in accordance with the Constitution and Statutes of the Commonwealth of Virginia in such cases provided, and also including the exact terms of the franchise so to be sold and confirmed. By the Ordinance aforesaid, it was directed that bids in writing for the franchise therein set out should be delivered to the Mayor of this City at 2:00 P.M., Monday, August 20, 1973. Pursuant to the above Ordinance the undersigned, Roanoke Gas Company, a Corporation chartered under the laws of Virginia, with corporate power to hold and execute said franchise, and actually engaged in the operation and maintenance of a gas works and distribution system in the City of Roanoke, Virginia, and having installed in the streets, alleys and other public ways of the City of Roanoke, Virginia, more than one hundred and fifty (150) miles of gas mains, doth hereby submit to this Honorable Body the following offer for said franchise: 2. This Corporation, if this bid be accepted, agrees to make all reasonable and necessary repairs to and extensions of its gas pipes, mains and appliances so as reasonably and safely to supply all customers within said City with gas. 3. This Corporation will, if this bid be accepted, within fifteen (15) days thereof, surrender and doth hereby upon the condition of the acceptance of its bid and the due grant by the City of Roanoke, Virginia, of the aforesaid franchise to it, surrender to the said City all its rights and privileges under its existing franchise, and shall thereafter operate under the franchise herein bid upon, such surrender to take effect contemporaneously with the grant to this Corporation of the franchise so provided for. 4. This Corporation will, upon the acceptance of this bid, reimburse the City of Roanoke for the cost of the advertising of the aforesaid Ordinance soliciting bids for this franchise. This Corporation, in consideration of the acceptance of this bid and the grant to it of the said twenty year franchise (effective September 1, 1973, agrees to pay to the City of Roanoke, Virginia, on or before March 1 of each year during the term of said franchise, beginning March 1, 1974, an aggregate annual payment determined by the miles of distribution mains of the Corporation in service as at the end of the preceding calendar year, based upon the followin9 rates: The term 'mains' upon which the foregoin9 rates will be computed in order to determine the annual payment by the Corporation to the City of Roanoke is hereby understood to mean distribution mains in service in the streets, alleys and public ways within the corporate limits of the City of Roanoke, Virginia, excluding servic~ lines, as such terms are generally understood and applied in utility accounting by the industry. The first payment hereunder (due on or before March 1, 1974) and the last pay- ment hereunder (due on or before March 1, 1994) are to be prorated and will amount to one-third and two-thirds, respectively, of the amounts otherwise determined ther~- for by the application of the foregoing formula or rates. WHEREFORE, the undersigned, Roanoke Gas Company, respectfully prays that by Ordinance in due form this bid be accepted and this franchise be declared to be the property of the undersigned upon the execution of the bond as in the Ordinance of July 16, 1973 provided. ROANOKE GAS COMPANY B~ President"; and WHEREAS, inquiry was made by the presiding officer if any further bids were offered; and WHEREAS, there being no further bids offered, the presiding officer there-~ upon declared the bidding closed; and WHEREAS, the said proposed ordinance and said bid were referred by the Council to a committee, which reported in favor of accepting said bid and adopting said ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Roanoke Gas Company made to said City in writing dated August 20, 1973, for the franchise herein granted, which said bid is hereinabove set out in full, be, and said bid is hereby ACCEPTED. BE IT FURTHER 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 provisions where~ in used. a. "City" or "the city" means the City of Roanoke, Virginia. b. "Grantee" or "the grantee" means ROANOKE GAS COMPANY. c. "Street" or"the streets" means the streets, alleys, avenues, high- ways, bridges and/or other public ways owned by or subject to the control of the City of l~oanoke, in said City and, in addition, such locations in public parks and public places in the city as are on September 1, 1973, occupied by gas distribu- tion pipes or lines or related gas facilities. d. "In the streets" shall be construed and understood to include "Under along or over the streets", when the physical situation so applies. e. "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 autho- rity over the maintenance of public streets and public property in the City, re- gardless of the title then assigned such person. 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 ROANOKE GAS COMPANY, grantee, for a period of twenty (20) years commencing as of the 1st day of Septem- ber, 1973, and terminating at midnight on the 30th day of August, 1993, the right to use the streets of the City to operate and maintain a gas works and distribu- tion system within the limits of the City and, for these purposes, to construct, erect, maintain and use, and if now constructed, to continue to maintain and use and operate its gas distribution lines, pipes and all other additional appliances and appurtenances necessary and incidental to the usual operation and maintenance of a gas works and gas distribution system, including necessary manholes, in, under, across, over and along the public streets within the corporate limits of the City, as said corporate limits now exist or may hereafter be extended or al- tered. 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. Service Standards. The grantee agrees to provide and maintain, at all times, its entire plant, system and equipment in safe, adequate and efficient condition and, subject to conditions, laws and regulations over which grantee has no control, to furnish continuous gas service to and for the citizens of and its customers in the City, and to make all reasonable and necessary extensions of its gas pipes, mains and appliances so as, reasonably, to supply all persons, firms or corporations within said City with gas. Section 5. Uses of Streets. a. General Control and Loq~ion of Lines and Conduit. The'grantee, in any opening it shall make in the streets in the City, shall be subject to the pro- visions of this franchise and to all applicable ordinances and regulations of the City. All gas distribution lines constructed by the grantee 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 gas distribution lines or additional appliances and appurtenances with reference to other municipal facilities such as sewer and water mains, signal poles and lines, drainage facilities, and other ser- vices, or to other facilities such as public telephone and electric utilities and railway messages, 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 hereinabove specified. The grantee shall construct and locate gas lines and appurtenances 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 grantae in any of its operations. b. Disturbance of Street_s- l{estoratiotl. (1) The City Council may require that written permits, in any or all cases, 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 gas dis- tribution lines, or additional appliances, appurtenances or services therein or ther~- on. Such permits, if required, may be made applicable to any or all types of exca- vations, as prescribed by the City Council. Such permits, further, may 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 permit shall be permitted in cases of emergen- cies involving public safety. (2) Immediately after gas distribution lines, additional appliances, appurtenances 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 portion{ of streets or public ways damaged, disturbed or destroyed by such work, if such be authorized, shall be promptly restored and replaced with like materials to their former condition by the grantee at its own expense; however, where it is necessary, and if permitted, in order to achieve former conditions the grantee may or shall use materials 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 ex- pansion 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 grante 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 in- stallation, operation or maintenance of the grantee's facilities. Any such ob- struction 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 there.of 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 sewer storm sewers, and storm drains, where such expense results from construction or maintenance of the grantee's lines or facilities, shall be borne by the grantee and any expense incurred in connection therewith by the city shall be reimbursed by the 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 appurtenances; nor shall the grantee permit any such streets, sidewalk or public place, so opened, disturbed or obstruc ed by it in the installation, construction or repair of its lines or appurtenances to remain open or the public way 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 widen, reconstruct, realign, pave or repave any street 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 change its lines, appliances, services and other property in the streets or public ways, and/or areas adjacent thereto, at its own expense so as to conform to the new widening, location, align- ment or grade of such street or public way and so as not to interfere with the city's conduits, sewers and other mains as constructed or reconstructed. Upon written notice by the city of its intended work, above specified, the 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, reconstructior or improvements. However, the grantee shall not be required by the city to relocate gas distribution lines when the street or public way in which they are located is vacated, closed or abandoned by the city for the convenience of abutting property owners and not as an incident to a public improvement. (5) The City Council may require that written permits, in any or all cases, 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 gas distribution lines, appliances or appurtenances 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 permit shall be provided in cases of emergencies involving public safety. Ail provisions of this ordinance shall be applicable to installation, construction, extension or repair of such lines or appliances on, over or under any such bridge or viaduct, the fac- tors of appearance and achievement and maintenance of structural design requirements of the bridge or viaduct to be assured. Section 6. Rates. In consideration of the rights and privileges conferred upon the grantee by this franchise, the grantee, its successors and assigns, shall be entitled to charge just and reasonable rates for gas and services furnished by it, under and subject to the approval of the State Corporation Commission of Virginia, or by any successor body created by the State of Virginia with power to regulate the rates and prescribe the standards of service of said gas company; however, nothing herein contained shall operate to impair or deprive the City of any power or authority now or hereafter conferred upon it by law to prescribe reasonable rates or charges for such gas or services, to be observed and performed by the grantee or assignee here- of. Section 7. ReDorts. MaPS and P~. ~ The grantee shall file annually with the City Auditor of the city, or wit~ such other official of the city as may be charged with the control and keeping of accounts and financial records of the city, a copy of the grantee's annual report, which report shall contain and reflect the audit and financial statement as pertain to the business operations of the grantee for the immediate preceding business year. The grantee's books and systems of accounts showing the gross income derived by the grantee from its supply and sale of gas service in the city shall be made available at all reasonable times for inspection and verification by a duly authorized office: 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 of any or all of its distri- bution lines, additional appliances and appurtenances and other structures located in, under and alon9 the streets and public ways of the city. Section 8. 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 plan of the grantee and, as well, the property of the grantee located in the streets, alleys, and other public ways of the city theretofore used for its gas works and gas distribution system purposes, at a fair and reasonable price therefor. In determining the value of the property which may be acquired by said city, the 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 the city shall be ascertained and determined as follows: During the last six months of the life of this franchise, the city may file its petition with the State Corporation Com- mission of Virginia, praying that said commission ascertain the fair value of the plant of the grantee and of the property of the grantee which is located in the streets of said city at that time and then used for gas distribution purposes, an, give reasonable notice of the filing of said petition.to the grantee. Whereupon, said commission shall ascertain and determine, at the joint expense of the grantee.and of said city, the fair value of such.of the property of said grantee as the city requires and has a right to purchase hereunder. The city and the grantee shall each be entitled to produce evidence and be represente¢ by counsel. The finding and judgment of said commission as to such value shall be conclusive and binding upon the city and the grantee, subject, however, to the right of appeal by either party to a court of competent jurisdiction, for final determination of such value. Unless the city shall, within ninety (90) days from the determination of such value by said commission or, if applied, within ninety (90) days from the final decision of the court to which such determination of valt was appealed, tender payment to the grantee for said property in accordance with the fair valuation thereof as so determined, then the city's rights to acquire th~ grantee's said plant and property, or any part thereof, by reason of the provisio~ .in this section of this franchise, shall be forever extinguished and barred. In the event the State Corporation Commission should fail or refuse to ascertain and determine such value, then the city and the grantee shall each select an appraises who shall select an umpire, the three of whom shall constitute a commission, which shall determine the fair value of the plant and property of the grantee to be taken by the c.ity in accordance with the terms of this franchise. Nothing in this franchise shall be construed to impair the city's con- tinuing general police power over its public streets and other public ways nor to .limit,the city's right to acquire by purchase or by exercise of its right of eminent domain all or any part of the property of the grantee. Section 9. Taxe~, Nothing in this ordinance shall be construed to prevent the city, here- after and from time to time, from levying any lawful tax on the properties of the grantee, or from levying any lawful business license tax on said grantee for the privilege of doing business within the city. Section 10. 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 11. New Developments. Should, withing the term of this franchise, developments in the field of distribution of natural or synthetic gas 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 fran- chise in line with such developments. Section 12. LiaBility. a. Damaae Claims. The grantee binds itself by the acceptance of this ordinance to indemnify and hold the City of Roanoke free and harmless from all lia- bility on account of injury or damage to persons or properties, 9rowing 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, aqentg or employees, or of failure of the grantee to compiy 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 the City, either independently or jointly with said grantee or others on account thereof, the 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 grantee; and in the event of final judgment bein9 awarded against the City, solely or jointly with the grantee or others, then the grantee will pay said judgment with all interest and costs, and will hold the City harmless therefrom. b. Bond. Before proceeding to act under this ordinance, ROANOKE GAS COMPANY shall execute a bond, in the penalty of Five Thousand Dollars, ($5,000.00), with 9ood and sufficient surety, in favor of the City of Roanoke, conditioned upon the construction and putting into operation and maintaining in good order the plant provided for in this franchise, the furnishing of efficient gas services within the City of Roanoke at reasonable rates, and the compliance by the grantee with the terms, provisions and conditions of this ordinance and of the franchise herein granted; 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 13. 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 sba exercise prompt diligence to restore such service with as little interruption as possible and, in all events, within a reasonable time, but any such interruption or failure of service caused by any of the aforesaid reasons shall not, of itself constitute a breach of this franchise. Section 14. Approval of Transfer. No sale or no assignment or lease by the grantee of the franchise or of the privileges granted under this ordinance shall be effective until it is approv, by the council of the city. As a condition to consideration by the council of a sale or assignment, the grantee shall file with the City Manager written notice of the proposed sale, assignment or lease and the vendee, assignee or lessee shall similarly file an instrument, duly executed, reciting the fact of such proposed sale, assignment or lease, offering to accept the terms of this franchise, and agreeing to perfo~un all of the conditions thereof. Section 15. No E~clusive Franchise. The rights herein granted the grantee to construct, maintain or operate its gas distribution system in the city, or ~ perform any other act or exercise any other privilege granted or provided for in this franchise shall not be constr as exclusive nor as preventing the city from granting to any other person, firm o corporation the same or similar franchise rights and privileges, to be exercised in and upon its public streets and such of the same and parts thereof as the city may deem best or choose to allow, permit, give or grant. Section 16. Lien of City. Ail debts, penalties, or forfeitures accruing to the city under the ter of this ordinance shall constitute a lien upon the property and franchise of said grantee within the city, subject, however, to then-existing prior liens. Section 17. Jurisdiction of Governmental Reaulatorv Cgmmissions. If any provision of this franchise is in conflict with any Constitution provision, statute or lawful rule of the State Corporation Commission of Virginia or of any other duly constituted body or commission legally authorized to prescri 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 such pro- vision, statute or rule of such commission or body, then the grantee shall comply with such specific rule instead of with 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 constitu- tional provisions, valid statutes or rules of the said commission or body. Section 18. 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, 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 public service corporations using the public 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 for the exercise of the rights and privileges herein 9ranted. Section 19. Effective Date. This ordinance shall be in force and effect from and after ten (10) days from the date of its passage, provided that within such time it shall have been accepted in the manner herein provided. Adopted August 27, 1973. ATTEST: APP RO~ED: City Clerk. Roy L. Webber, Mayor * * * * * ACCEPTANCE The undersigned, ROANOKE GAS COMPANY, a Virginia public service corpora- tion, 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 27th day of August, 1973, 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 in its said bid, and that it will be bound by each and all of the terms, conditions and provisions therein contained. IN WITNESS WHEREOF the said ROANOKE GAS COMPANY 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 duly affixed and attested by its Secretary, thereunto duly authorized, on this day of , 1973. ROANOKE GAS COMPANY, By (Title) ATTEST: Secretary I, Virginia L. Shaw, City Clerk of the City of Roanoke, Virginia, hereby certify that the above and foregoing is a true, accurate and complete copy of the ordinance granting a franchise to ROANOKE GAS COMPANY, duly enacted by said Coun- cil on the 27th day of August, 1973, by a recorded affirmative vote of a majority of all of the members elected thereto; and I further certify that the requirements of the laws of the State of Virginia regulating the grant of a franchise, et ceter 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 day of , A. D. 1973: A TTE ST: APPROVED City Clerk. Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1973. No. 21096. AN ORDINANCE granting revocable, non-transferable permission to Willie A. Carr to pursue the home occupation of servicing Citizen Band Radio units upon premises located at 1145 Kerns Avenue, S. W., known as Lot 39, Block 30, Map of Wasena Corporation, Official Tax No. 1231937, uppn certain terms and conditions. WHEREAS, Willie A. Carr, owner of the property or premises hereinafter described, has requested that he be permitted to pursue a certain home occupation in the nature of servicing Citizen Band Radio units on the hereinafter described premises, and upon consideration of the request and pursuant to the provisions of Paragraph (h), of Subsection 17, of Sec. 79.1, of Chapter 4.1 of Title XV, of the Code of the City of Roanoke, 1956, as amended, this Council is agreeable to said owner's proposal and is willing to permit the pursuit of such home occupation upon the terms and conditions herein contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be, and is hereby granted Willie A. Carr, owner of the premises located at 1145 Kerns Avenue, S. W., known as Lot 39, Block 30, Map of Wasena Corporation Official Tax No. 1231937, to temporarily pursue and carry out the home occupation defined as servicing Citizen Band Radio units upon the above-described premises, such pursuit to be 9overned strictly by each of the provisions of Subsection 17, Home occupation, of Sec. 79.1, Interpretation of certain terms and words, of Article XVI, Chapter 4.1, of Title XV, relating to Zonin9, of the Code of the Cit of Roanoke, 1956, as amended, and particularly in accordance with Paragraph (h) of said Subsection 17, which reads as follows, viz.: (h) Provided, however, that the term hQme occupation may include activities in the nature of repair of television receivers and repair of fractional horsepower motors, provided that such activities: (1) Are limited to basements or garages, (2) Involve no employees, (3) Are limited to normal daylight hours, (4) Involve no advertising signs on or off the premises, (5) Involve no wholesale or retail sales from or upon the premises, and, provided, further, that permission for carrying on any such activities shall be granted soldy at the pleasure of the Council, any such permission being in the nature of a temporary revocable permit; and nothing contained in this section shall be con- strued to establish in any such permittee a right in his premises to carry on any such activity as a non- conforming use under this chapter; the permit herein granted to be non-transferable and revocable at the will of the City Council, it to be agreed by said permittee as evidenced by his execution of an~ attested copy of this ordinance, that said permittee expressly consents hereto and agrees, in consideration of the permit herein temporarily granted, that neither he nor his heirs, successors or assigns shall, by the pursuit of the activity herein authorized, establish a right in his premises to carry on such activity as a non- conforming use under the City's aforesaid Zoning regulations, and tha t, upon notice~ of revocation of the within permit, mailed to said permittee or posted on the afore+ said premises, said permittee shall, within sixty (60) days from the date of mail- ing or posting of such notice, cease said pursuit or calling on such premises. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until such time as an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by said permittee, and filed in the Office of the City Clerk. A TTE ST: Deputy City Clerk APPROVED Mayor ACCEPTED and EXECUTED by the undersigned this day of ,, , 1973: (SEAL) Willie A. Carr STATE OF VIRGINIA ) ) CITY OF ROANOKE ) To-wit: I, , a Notary Public in and for the City of Roanoke, in the State of Virginia, do hereby certify that Willie A. Carr, whose name is signed to the foregoing ordinance bearing date the . . day of 1973, has personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1973. My Commission expires: Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1973. No. 21098. AN ORDINANCE granting revocable, non-transferable authority to Turner Memorial Baptist Church to maintain certain directional signs on the right-of-way of Memorial Avenue, S. W., at Roanoke Avenue, S. W., and on the right-of-way of Boulevard Street, S. W., at Patterson Avenue, S. w., upon certain terms and condi- tions. WHEREAS, Turner Memorial Baptist Church, located at 2202 Roanoke Avenue S. W., has requested through the City Manager that it be permitted to erect and maintain a certain directional sign on the right-of-way of Memorial Avenue, S. W. at Roanoke Avenue, S. W., and a certain directional sign on the right-of-way of Boulevard Street, S. W., at Patterson Avenue, S. W., for better identification of the location of said church; and upon consideration of the request and pursuant to the authority vested in local governing bodies by Chapter 10, Title 15.1 of the 1950 Code of Virginia, as amended, this Council is agreeable to said church's proposal and is willing to permit the erection and maintenance of said signs on said street right-of-ways upon the terms and conditions herein contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be and is hereby granted Turner Memorial Baptist Church to erect and t~ temporarily maintain a painted metal directional sign, bearing the words "Turner Memorial Baptist Church" and displaying an appropriate directional arrow, on meta posts or standards, within the southeasterly portion of the right-of-way of Memorial Avenue, S. W., at Roanoke Avenue, S. W., and to erect and temporarily maintain a painted metal directional sign bearing the words "Turner Memorial Bap- tist Church" and displaying an appropriate directional arrow on metal posts or standards within the northwesterly portion of the right-of-way of Boulevard Stree S. W., at Patterson Avenue, S. W., each such sign to be approved as to materials and design by the City Manager, who shall designate the locations at which each such sign shall be erected, each such sign to be properly and safely maintained at the expense of said church, in accordance with requirements of the City Manage ATTEST: and with such of the City's regulations and requirements as may be applicable there- to; the maintenance of the aforesaid signs to be subject to the limitations contain- ed in ~15.1-376 of the 1950 Code of Virginia, as amended, and the permit herein granted to be non-transferable and revocable at the will of the City Council or the City Manager, it to be agreed by said church, as evidenced by its execution of an attested copy of this ordinance, that said church consents hereto and agrees to indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to persons or property that may in any manner arise by reason of the existence of either such sign; and that, upon notice of revocation of the within permit, mailed or otherwise delivered to said permittee, said permittee shall forth- with remove each such sign from said street right-of-ways at no cost whatsoever to the City or, in lieu of such notice, the City shall have the continuing right to remove either or both said signs at any time, in the sole discretion of the City or said City Manager. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until such time as a written permit shall have been issued by the City's Building Commissioner to the aforesaid church or its duly authorized contractor or representative, approved as aforesaid by the City Manager, permitting the aforesaid erection, and until an attested copy of 'this ordinance shall have been duly signed, sealed and attested on behalf of Turner Memorial Baptist Church and shall have been filed in the Office of the City Clerk. APPROVED Deputy City Clerk Mayor 1973: ACCEPTED and EXECUTED by the undersigned this day of TURNER MEMORIAL BAPTIST CHURCH ATTEST: By, (Title) (Title) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1973. No. 21105. AN ORDINANCE to amend and reordain Section ~2000, "Schools - Instructio 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 Tuition - Learning Disabilities and Special Education (1) ...................... $41,025.40 (1) Net increase $31,025.40 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1973. No. 21106. AN ORDINANCE to amend and reordain Section =q8000, "Schools - Adult Bas Education," of the 1973-74 Appropriation Ordinance, and providing for an emergenc WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =98000, "Schools - Adult Basic Education," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - ADULT BASIC EDUCATION ~98000 Personal Services ....................... $14,407.00 Supplies ................................ 801.00 Travel .................................. 200.00 Fixed Charges ........................... 865.00 Other Costs ......... ; ................... 175.00 $2,500.00 to be transferred from account 11-107 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1973. No. 21107. AN ORDINANCE to amend and reordain Section =99000, "Schools - Direct Instruction for Adult Learning," of the 1973-74 Appropriation Ordinance, and pro- viding for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =99000, "Schools - Direct Instruction for Adult Learning," of the 1.973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - DIRECT INSTRUCTION FOR ADULT L~ARNING =99000 Personal Services ......................... $21,653.00 Supplies .................................. 903.00 Fixed Charges ............................. 2,294.00 Equipment ................................. 1,500.00 $3,850.00 to be transferred from account 11-107 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 27th day of August, 1973. No. 21108. 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~ 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) ........................... $1,501.00 (1} Net increase $601.00 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 27th day of August, 1973; No. 21109. A RESOLUTION authorizing the accePtance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crim Prevention for an action grant of Federal funds to provide additional trainin9 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. 72-A1645 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. 72- A1645 be accepted upon such special conditions aforesaid, in which recommendation Council concurs. lows: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 'as fol- 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-A1645 for Federal funds in the amount of $601.00 through said Division, 'to be used, along with certain other local funds and in-kind contributions, to provide additional training for the Commonwealth's Attorney of the City, estimated to cost approximately $810.00; 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 27th day of August, 1973. No. 21110. AN ORDINANCE to amend and reordain Section =89, "Capital Improvements," 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, "Capital Improvements," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL IMPROVEMENTS ~89 Transit Technical Study ................. $40,000.00 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 27th day of August, 1973. No. 21111. AN ORDINANCE approvin§ the City's participation in short range technica transit study in cooperation with the Commonwealth of Virginia, Department of Highways; authorizin9 the City Mana§er to enter into an agreement with the said Department of Highways with reference to said study; and providin9 for an emergen WHEREAS, the City Manager in report made to the Council dated August 27 1973, has recommended that the City approve the program hereinafter mentioned, pr. vided for in 833.1-46.1 of the Code of ¥irginia, 1950, as amended, to conduct short range technical transit studies in cooperation with the Commonwealth of Virginia, Department of Highways, such study to be conducted by Wilbur Smith and Associates, consulting engineers, by agreement dated, March 13, 1973, amended pur- suant to Ordinance No. 21027, adopted July 16, 1973; and WHEREAS, the City Manager has reported that the cost of such study, wil amount to a sum not exceeding $40,000.00, of which amount the said Department of Highways will reimburse the City an amount equal to 85% thereof; 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 said Council doth approve the City's participation in a short range technical transit study in cooperation with the Commonwealth of Virginia, Department of ways as provided for in §33.1-46.1 of the Code of Virginia, 1950, as amended, the purpose of which study is to develop and determine upon such transit facilities as will best accomplish the purpose of serving the transportation needs of the greatest number of people. BE IT FURTHER ORDAINED that the City Manager be, and is hereby authoriz~ and directed, for and on behalf of the City, to enter into appropriate agreement with said Department of Highways, the form of which shall be approved by the City Attorney, providin9 for the conduct of such study to be conducted by Wilbur Smith and Associates, consulting engineers, pursuant to agreement with the City dated March 13, 1973, amended pursuant to Ordinance No. 21027, adopted July 16, 1973, and providing for reimbursement of 85% of the cost of said study to the City by said Department of Highways. BE IT FURTHER ORDAINED that, an emergency existin9, 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 27th day of August, 1973. No. 21112. ATTEST: AN ORDINANCE authorizin9 the acquisition of a certain perpetual easement through property in Roanoke County belongin§ to Best Products Co., Inc., extendin9 from Hershberger Road, N. W., in a northerly direction approximately 360 feet, for public water line and sanitary sewer purposes, upon certain terms and conditions; and providin9 for an emerqency. WHEREAS, in order to improve and extend water and sanitary sewer service to Best Products Co., Inc., it is necessary to acquire an easement ex'tendin9 north- erly from Hershberqer Road, N. W., through the property of said company, for an approximate distance of 360 feet; and the Council is advised that said company, owner in fee simple of the abovedescribed land, has offered to 9rant and convey to the City the requisite easement rights for a nominal consideration of $10.00, cash; and WHEREAS, for the usual daily operation of the municipal §overnment an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City doth hereby accept the offer of Best Products Co., Inc., to 9rant and convey to the City a certain perpetual easement through the property of said company, extendin9 northerly for approximately 360 feet from Hershberger Road, N. W., for water line and sanitary sewer purposes, for a nominal consideration of $10.00, cash~ such conveyance to be made upon form approved by the City Attorney; and upon execu- tion and acknowled9ement of said deed, the same shall be caused to be recorded in the local Clerk's Office. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1973. No. 21113. AN ORDINANCE authorizin9 a certain contract to be entered into with Lewis- Gale Hospital, Inc., to provide hospitalization and treatment of indigent or medi- cally indigent patients; fixin9 the rate to be paid said hospital for such services for the period from July 1, 1973, to June 30, 1974; and providin9 for an emergency. WHEREAS, the City Manager has advised the Council by report dated August 27, 1973, that a contract has been prepared on Standard Form SLH to be entered iht between the City and Lewis-Gale Hospital, Inc., establishing and fixing the rate to be effective with said hospital as hereinafter set out for services so rendered for the period from July 1, 1973, to June 30, 1974; and WHEREAS, funds have been appropriated by the Council in amounts deemed sufficient to pay the costs estimated to be incurred by the City under said contra and, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance be effective upon its passage and retroactive in its effect to July 1, 1973. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and 'directed, for and on behalf of the City, to agree and enter into a contract with Lewis-Gale Hospital, Inc., on Standard Form of Contract SLH, approved by the State Department of 'Welfare and In- stitutions, providing for said hospital's hospitalization and treatment and in- patient care of the City's indigent and medically indigent patients at the rate of $63.40 per day, commencing as of July 1, 1973. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be effective upon its passage and shall be retroactive in its effect to July 1, 1973. ATTEST: Deputy City ~Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1973. No. 21114. AN ORDINANCE to amend and reordain Section ~89, "Capital Improvements," 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, "Capital Improvements," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL IMPROVEMENTS =89 CIP 84- Huff Lane Sewer Project (1) ............................... $44,000.00 (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 27th day of August, 1973. No. 21115. AN ORDINANCE accepting a bid and awarding a contract for the construction of the Huff Lane School sanitary sewer, 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 August 13, 1973, and after due and proper public advertisement had been made therefor, three (3) bids made to the City for constructing the Huff Lane School 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 August 27, 1973, 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 of the City's specifications for said work, and should be accepted; and WHEREAS, funds have been appropriated by the Council sufficient to pay the cost of the 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 fol- lows: 1. That the bid of Hudgins ~ Pace, of Roanoke, Virginia, for furnishing all tools, labor, machinery and materials necessary to construct an asbestos-cement sanitary sewer line designated as the Huff Lane School sanitary sewer, in full accordance with the City's specifications made for said work, for the sum of $43,950.50, based upon unit prices. 2. That the other bids made to the City for the aforesaid work be, and the said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids; and 3. That the City Manager and the City Clerk be, and they are hereby 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 wit[ the provisions of this ordinance and said contract, charging said payment to appropriations heretofore made by the City for said work. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shal be in force and effect upon its passage. ATTEST: ~J/)~ APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1973. No. 21116. A RESOLUTION accepting the possession and control of the Melrose Elemen tary School Building and grounds from the School Board of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that this Council, having received notification by the School Board of the City of Roanoke that the Melrose Elementary School will no longer be utilized by said Board for public school purposes and having been requested by said Board to assume control over sa school, doth hereby accept, from the School Board of the City of Roanoke, the possession and control of those certain premises known as the Melrose Elementary School, including the grounds and buildings appurtenant thereto, situate at 1519 Melrose Avenue, N. W., bearing Official No. 2221709. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1973. No. 21104. 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. 221, 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 through 8, inclusive, Block 30, Map of Hyde Park Land Company loca ed on the northerly side of Loudon Avenue, N. W., in the 1800 Block being all the lots facing on Loudon Avenue, N. W., between 18th and 19th Streets, N. W., and having official tax numbers 2210509 through 2210516 inclusive, rezoned from RG-1, General Residential District to LM, Light Manufacturing District. WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RG-1, General Residential District to LM, Light Manu- facturing 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 post- ed as required and for the time provided by said section; and 'WHEREAS, the hearing as provided for in said notice was held on the 27th day of August, 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 herein'after 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. 221 of the Sectional 1966 Zone Map, City of Roa- noke, be amended in the following particular and no other, viz.: Property located on the northerly side of Loudon Avenue, N.W., in tb~ 1800 Block being all the lots facing on Loudon Avenue, N. W., between 18th and 19th Streets, N. W., described as Lots 1 through 8 inclusive, Block 30, Map of Hyde Park Land Company, designated on Sheet 221 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2210509 through 2210516, inclusive, be, and hereby is, changed from RG-1, General Residential District, to LM, Li§ht Manufacturing District, and that Sheet No. 221 of the aforesaid map be changed in this respect. APPROVED A TTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1973. No. 21117. 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 exist. THEREFORE, BE IT ORDAINED by the Council of the City of'Roanoke that Section =22000, "Schools - Second Step, 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 - SECOND STEP, P.L. 89-10, TITLE I =22000 Personal Services ..................... $482,399.00 Supplies .............................. 9,050.00 Travel ................................ 1,350.00 Fixed Charges ........................ 41,184.00 Community Service~ .................... 400.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal 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 September, 1973. No. 21118. AN ORDINANCE to amend and reordain Section ~23000, "Schools - Total Act Against Poverty Tutorial Project," 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 =23000, "Schools - Total Action Against Poverty Tutorial Project," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordain to read as follows, in part: SCHOOLS - TOTAL ACTION AGAINST POVERTY TUTORIAL PROJECT =23000 Personal Services ................... $12,800.00 Fixed Charges ....................... 1,408.00 BE IT FURTHER ORDAINED that, an emerqency existin9, this Ordinance shall be in effect from its passaqe. ATTEST: Deputy City Clerk A P P R 0 If E D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, ~/IRGINIA, The 4th day of September, 1973. No. 21119. AN ORDINANCE acceptinq the proposal of Hodqes Lumber Corporation, for the repair and improvement of the Mill Mountain Playhouse, in the City of Roanoke; authorizinq the proper City officials to execute the requisite contract; and pro- vidinq for an emerqency. WHEREAS, on Auqust 22, 1973, and after due and proper advertisement had been made therefor, one (1) bid for the repairs and improvements hereinafter men- tioned was opened in the office of the City's Purchasinq Aqent by three members of a committee appointed for the purpose, and thereafter was studied by the committee which has made written report and recommendation to the Council throuqh the City Manaqer; and WHEREAS, the City Manaqer, concurrinq in the committee's report has trans. mitred the same to the Council, recommendin9 award of the contract as hereinafter provided; and the Council, considerinq all of the same, has determined that the bid hereinafter accepted is the best and only bid made to the City for the said repairs and improvements, and that funds sufficient to pay for the same have been or are bein§ appropriated; and WHEREAS, for the usual daily operation of the municipal §overnment an emerqency is declared to exist in order 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 Hodges Lumber Corporation for the repair and im p rovement of the Mill Mountain Playhouse, as described in the City's plans and specifications therefor, for a lump sum of $12,271.00, cash, upon satisfactory com- pletion of said work, be, and said proposal is hereby ACCEPTED; (2) That the City Manaqer and the City Clerk be, and they are hereby aut ~o- rized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with the said Hodqes 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 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 September, 1973. No. 21120. AN ORDINANCE authorizing the acquisition of a certain perpetual easemen through property in Roanoke County belonging to Nolan D. Jackson and Lois P. Jack' son, husband and wife, in Grant Plaza Shopping Center, for public water line pur- poses, upon certain terms and condi[ions; and providing for an emergency. WHEREAS, in order to extend water service in the Grant Plaza Shopping Center, in Roanoke County, it is necessary to acquire an easement extending from the present terminus of an existing water line for an approximate total distance of 215 feet; and the Council is advised that Nolan D. Jackson and Lois P. Jackson husband and wife, owners in fee simple of the abovedescribed land, have offered to grant and convey to the City the requisite easement rights for a nominal con- sideration; 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 th, City doth hereby accept the offer of Nolan D. Jackson and Lois P. Jackson, husband and wife, to grant and convey to the City a certain perpetual easement through the property of said owners in Grant Plaza Shopping Center, extending from the present terminus of an existing water line for an approximate total distance of 215 feet, for water line purposes, for a nominal consideration, such conveyance to be made upon form approved by the City Attorney, and to transfer and convey all of said owners' right, title and interest in and to the water line installed in said ease- ment to the City; and upon execution and acknowledgement of said deed, the same shall be caused to be recorded in the local Clerk's Office. ATTE ST: BE IT FINALLY ORDAINED that, an emer§ency existin§, this ordinance be in full force and effect upon its passaqe. APPROVED Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1973. No. 21121. A RESOLUTION extendin9 the City's invitation to the Virqinia Municipal League to hold its 72nd Annual Convention for 1977 in the City of Roanoke. WHEREAS, the convention of the Virqinia Municipal League annually offers the opportunity for the largest number of those local officials directly concerned with the government of cities, towns and urban counties to attend, participate in and contribute to matters related to important concerns of local 9overnment; and WHEREAS, the City of Roanoke offers fine and complete convention faciliti, comparable with any in the Commonwealth, and this Council desires that said League hold its annual convention for the year 1977 in the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth hereby extend its invitation to the Virginia Municipal League to hold its 72nd Annual Convention in the City of Roanoke. BE IT FURTHER RESOLVED that the City Clerk do transmit attested copies this resolution to the Virginia Municipal League and to the Chairman of its Time Place Committee. APPROVED ~s Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 1973. No. 21122. A RESOLUTION respectfully urgin9 the Virginia Department of Highways to schedule and provide for construction of the new bridge over Roanoke River and the Norfolk and Western Railway Company tracks proposed for the Route 115 Project U000- 128-102, PE-iO1. 'WHEREAS, in recent meetings held by representatives of the Council and of the City's administrative personnel with interested citizens and civic organi- zations in the southeast section of the City, prior to the public hearing schedule by the Virginia Department of Highways to be held on September 12, 1973, on the proposed location and design of Highway Projects U000-128-102, PE-iO1 and 0024- 128-103, C-501, the need has again been stressed for a new bridge over Roanoke River and the Norfolk A Western tracks, to replace the Buzzard Rock Ford Bridge over said river and the underpass under said tracks, all of which is proposed in the plans for a section of Route 115, from Riverdale Road to Dale Avenue, S. E., the total completion of which may not be programmed until several years in the future; and WHEREAS, those citizens and representatives of those civic organizations concerned with the matter, as well as this Council, would hope and desire that thei aforesaid new bridge might, as has recently been done in the instance of the said Highw Highway Department's lOth Street Bridge northwest project, be accomplished earlier than can be done for the entire of the proposed Route 115 project as now planned and designed. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke tha the Virginia Department of Highways is hereby respectfully petitioned to accelerat to the point of construction and as a part of its proposed Route 115 Project U000- 128-102, PE-iO1, the proposed new bridge over Roanoke River and tracks of the Nor- folk ~ Western Railway Company to replace the existing inadequate bridge over said river and underpass under said tracks, so as to provide earlier and better access between the southeast sections of the City and Route 115 and Route 24 in the City; and this Council assures to said Highway Department its full cooperation in such undertaking. BE IT FURTHER RESOLVED that the City Manager transmit attested copies of this resolution to the Virginia Department of Highways, through appropriate channe APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of September, 1973. No. 21123. A RESOLUTION providing for the appointment of five freeholders, any thre of whom may act, as viewers in connection with the application of John A. Hall 5 ATTEST: Co., Inc. and Saunders g Johnson, Inc. to permanently vacate, discontinue and close that certain unopened portion of Seventeenth Street extending generally in a north-[ erly direction from Campbell Avenue, more specifically described below. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of John A. Hall C. Co., Inc. and Saunders ~ Johnson, Inc., that said petitioners did on August 21, 1973, duly and legally publish, as required by Section 15.1-364 of the 1950 (;ode of Virginia, as amended, a notice of their appli-i cation to the Council of the City of Roanoke, Virginia, to close the hereinafter described street, the publication of which was had by posting a copy of the notice on the front door of the courthouse in the City of Roanoke, Virginia (Campbell Ave- nue entrance), at the ~iarket House (Campbell Avenue entrance), and at 311 Second Street, S. E., as provided by the aforesaid Section of the Virginia Code, as amend- ed, 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 street be permanently vacated, discontinued and closed; and WHEREAS, it appearin9 to the Council that more than ten days have elapsed since the publication of such proper legal notice, and the Council havin9 considere said application to permanently vacate, discontinue and close the hereinafter des- cribed portion of the aforesaid streets; and WHEREAS, the applicants have requested that five viewers, any three of wh)m may act, be appointed to view the hereinafter described street 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 ~iessrs. Roy L. ~astin, Jr., Fred B. DeFelice, L. Elwood Norris, George W. Over bey and Edward H. Brewer, Jr., any three of whom may act, be, and they hereby are, appointed as viewers to view the following described street and report in writing, pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closin§ the same, namely: BEGINNING at a point on the northerly line of Campbell Avenue, approxi- mately 400 feet from its intersection with Sixteenth Street, said beginning point also bein9 the southwesterly corner of Lot 16, Block 19 accordin9 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 direction approximately 50 feet to a point, said point being the northeasterly corner of Lot 9, Block 20 according to the Map of Westend Land Company (Tax Number 1320416); thence in a southerly direction with the easterly boundary of said lot approximately 150 feet to a point on the northerly line of Campbell Avenue, said point being the southeast, erly corner of said lot; thence with the northerly line of Campbell Avenue in an easterly direction approximately 50 feet to the PLACE OF BEGINNING. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of September, 1973. No. 21124. AN ORDINANCE to amend and reordain Section =3, "City Manager," 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 ~3, "City Manager, of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY MANAGER ~3 AdVertising ............................ $250.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal 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 September, 1973. No. 21125. 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: PUBILIC ASSISTANCE ~37 OAA Purchased Services (1) ................ $ 20,000.00 Old Age Assistance (2) ................... . 257,877.00 APTD Purchased Services (3) ............... 10,000.00 Aid to Permanently and Totally Disabled (4) ....... : ............. 395,000.00 AB Purchased Services (5) .................. O0 Aid to Blind (6) .......................... 23,885.00 (1) Net decrease (2) Net increase (3) Net decrease (4) Net increase (5) Net decrease (6) Net increase ....... $22,000.00 22,000.00 21,500.00 21,500.00 4,200.00 4,200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA, The 10th day of September, 1973. No. 21126. A RESOLUTION seeking Congressional support for funding of the Wilmington District Corps of Engineers' flood control study for the upper basin of the Roanoke River, and urging other governing bodies within the Roanoke Valley to seek similar support. WHEREAS, by Resolution No. 20553, adopted November 20, 1972, this Council havin§ then been engaged in a flood control program on a localized basis, and being desirous of joining in a comprehensive basin wide program designed to curtail future ! flooding and resultant damage, urged enactment by the Congress of the United States of legislation appropriating funds sufficient to complete the U. S. Army Corps of Engineers' flood control study of the upper basin of the Roanoke River; and WHEREAS, the Council desires to renew its request previously made in Res-~. olution No. 20553, aforesaid, and to urge other governing bodies within the said upper Roanoke River basin to similarly seek such legislation in the Congress. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that thisl Council doth hereby again most strongly urge enactment by the Congress of an appro-i priation of sufficient federal funds to complete the U. S. Army Corps of Engineers'!; Wilmington District, flood control study of the upper basin of the Roanoke River. BE IT FURTHER RESOLVED that this body calls upon the Members of Congress, particularly those Members of Congress representing the Commonwealth of Virginia and several Congressional Districts and localities, to employ and use their good offices, influence and strongest efforts to obtain in the Congress, early passage of said legislation, and, to that end, the City Clerk is directed to forthwith transmit attested copies of this measure to Senator Harry F. Byrd, Jr., to Senator William C. Scott, and to all of the Members of the United States House of Represen- f, tatives from Virginia, and Members of the Congress of the United States from ¥irgin¢ ia. BE IT FINALLY RESOLVED that the City Clerk do transmit copies of this resolution to the governing bodies of the City of Salem, the Town of Vinton, and the Counties of Roanoke and Montgomery, with the request that they consider the enactment of similar measures. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of September, 1973. No. 21127. A RESOLUTION urging adoption by the governing bodies of neighboring jurisdictions of regulations regarding the use of property adjacent to water cours subject to periodic flooding. WHEREAS, the Council, being cognizant of the need for and the general benefits to be acquired by the incorporation into the City's general zoning and building regulations of additional, special regulations regarding and relating to the use of property and structures thereon adjacent to watercourses within the City subject to periodic inundation, did, on August 20, 1973, adopt such special regulations by Resolution Nos. 21085 and 21086, aR Ordinance Nos. 21087 and 21088; and WHEREAS, the Council has been advised by representatives of diverse groups and organizations, and is itself of opinion, that in order for flood con- trol legislation to be effective in accomplishing its purposes and to fully bene- fit ail citizens of the area to the detriment of none, such legislation must be made uniformly applicable throughout the Roanoke Valley. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that sa Council does hereby strongly urge the governing bodies of the .City of Salem, the Town of Vinton, the County of Roanoke and the County of Montgomery to consider an to adopt at an early date flood control legislation similar to that contained in Resolution Nos. 21085 and 21086, and Ordinance Nos. 21087 and 21088 of this Coun- cil. BE IT FURTHER RESOLVED that the City Clerk do transmit to each of said governing bodies copies of this resolution and copies of Resolution Nos. 21085 an 21086, and Ordinance Nos. 21087 and 21088, heretofore adopted by this Council on August 20, 1973. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of September, 1973. No. 21128. AN ORDINANCE authorizin9 employment of certain professional accountin9 and auditin9 services for assistinq in the implementation of certain chanqes in the City's accountin9 procedures, at a cost not to exceed $10,000.00; and providinq for an emergency. WHEREAS, the Council's Audit Committee has recommended to the Council that the services of certified public accountants be enqaged by the City, under contract, for the purposes hereinafter provided, and has submitted to the Council a written proposal of Peat, Marwick, Mitchell, g Co., a firm of certified public accountants, settinq out the services proposed to be rendered to the City and the compensation to be paid said accountants therefor, a copy of which proposal is on file in the office of the City Clerk; and the Council, considerin9 said Committee's report, concurs in the recommendations made therein; and WHEREAS, it is necessary for the usual daily operation of the municipal §overnment that this ordinance take effect upon its passaqe. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the written proposal of Peat, Marwick, Mitchell g Co., Certified Public Accountants, made under date of Au9ust 16, 1973, to assist in the implementation of certain changes in the City's accountin9 procedures, in full accordance with 9enerally accepted auditinq standards, at a cost not to exceed the sum of $10,000.00, cash, such consultants to be paid upon monthly billings, be and said proposal is, hereby, ACCEPTED. BE IT FURTHER ORDAINED that the City Manaqer 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 the firm of Peat, Marwick, Mitchell & Co., to perform those professional services described in said firm's proposal made to the City under date of August 16, 1973. 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 September, 1973. No. 21129. AN ORDINANCE to amend and reordain "Transfers Within Capital Improvemen 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 Ordinan 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) ...; .... $1,350,000.00 Patrick Henry Addition 74-112 (2) ............. 650,000.00 (1) Net decrease $650,000.00 (2) Net increase ---$650,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal 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 September, 1973. No. 21130. A RESOLUTION relating to the City's and various petitioners' pending annexation cases, recently reversed and remanded for further proceedings in the Annexation Court. WHEREAS, and the Supreme Court of Virginia having, on the City's and certain petitioners' appeals, on August 30, 1973, reversed a final annexation or- der of the Circuit Court of Roanoke County and awarded to the City all of the Win sor Hills Area and the portion of the Municipal Airport area awarded by the trial court and remanded the case to the trial court for further proceedings, finding, in so doing, that the City has made out a prima facie case for annexation of the territory set out and described in the Council's ordinance of annexation adopted June 9, 1969. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that th City Attorney and the special counsel associated with him in pending annexation proceedings be and are hereby authorized and directed to proceed expeditiously in the City's and various petitioner's annexation cases recently remanded by the Supreme Court of Virginia to the Circuit Court of Roanoke County for further pro- ceedings, such actions by said attorneys to be consistent with the Council's ordi- nance of annexation No. 18741, adopted June 9, 1969. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1973. No. 21131. A RESOLUTION approving the restoration or reconstruction and use of a cer~ tain nonconforming structure, upon premises located at 3514 Moran Street, S. E., being Lots 10 and 11, Section 4, according to the Map of Mountain View Heights and bearing Official Nos. 4391010 and 4391011. WHEREAS, Mr. John W. Webb having heretofore made application to the Coun- cil that he be permitted to restore or reconstruct a structure located at 3514 Moran Street, S. E., used previously for business purposes under a certificate of occupancy for a nonconforming use, such premises having been destroyed by fire during the night of April 21, 1973; and WHEREAS, pursuant to the provisions of Sec. 37. Nonconformina Structures, of the Zoning Ordinance of the City of Roanoke, the application was set for public hearing to be held on September 24, 1973, and advertisement of such public hearing was properly had in accordance with Sec. 71 of said Zoning Ordinance, at which hearing all parties in interest and citizens were-given opportunity to appear and be heard on the question; and WHEREAS, this Council, after mature Consideration of the question, is of opinion that approval for the restoration or reconstruction of the structure upon premises hereinafter described should be granted. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, upon the execution by John W. Webb of three (3) attested copies of this resolution, one of which shall be filed with the City Clerk, one of which shall be filed with t~e Commissioner of Buildings, and one of which shall be retained by John W. Webb, and which execution shall be evidence of understanding and consent to the assurance hereinabove referred to, approval be and is hereby granted to John W. Webb and/or Webb Lumber Company for the restoration or reconstruction and use of a certain ~ structure, heretofore destroyed by fire while nonconforming in use, upon premises located at 3514 Moran Street, S. E., in the City of Roanoke, being described as Lot 10 and 11, Section 4, according to the Map of Mountain View Heights, and bearing Official Nos. 4391010 and 4391011, such non-conforming use to be that of a lumber- yard for wholesale and retail sale of building materials, and such use and restora tion or reconstruction to otherwise comply with all other general ordinances and regulations of the City, and, provided, further, that proper written application for a building permit be made and thereafter issued within six (6) months from April 21, 1973. ATTEST: APPROVED Deputy City Clerk Mayor September 18, 1973 UNDERSTOOD AND AGREED: John W.Webb IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1973. No. 21132. A RESOLUTION approving the location and design of certain improvements to 13th Street, S. E., and Route 24, in the City, proposed as State Highway Pro- jects U000-128-102, PE-iO1 and 0024-128-103, C-501. WHEREAS, a public hearin9 was conducted on September 12, 1973, 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 13th Street, S. E., and Route 24, at which hearing maps, drawings a other pertinent information were made available for public inspection and Reloca- tion Assistance Programs and tentative schedules for right-of-way acquisition and construction were discussed and presented; and all persons and parties in attend- ance were afforded full opportunity to participate in said public hearing, repre- sentatives 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 13th Street, S. E., and Route 24, in the City of Roanoke, as the loca- tion and design of said streets are shown on the plans prepared by the Virginia Department of Highways as State Highway Projects U000-128-102, PE-iO1 and 0024- 128-103, C-501. BE IT FURTHER RESOLVED that the City Manager do promptly transmit attest- ed copies of this resolution to the State Highway Commission of Virginia, through official channels of the Virginia Department of Highways. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1973. No. 21133. 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 for continuation of a juvenile delinquen; cy prevention program subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and WHEREAS, the City Manager recommends to the Council that Grant No. 72- A1502 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 followi 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 for Federal funds in the amount of $42,028.00, through said Division, to be used, along with certain other State funds, to aid in continuation of a juvenile delinquency preven- tion program in the City, estimated to cost approximately $72,815.O0; 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 Justic~ 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 24th day of September, 1973. No. 21134. AN ORDINANCE to amend and reordain Section =545, "Juvenile Delinquency Prevention Proqram," 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 t~ City of Roanoke that Section ~545, "Juvenile Delinquency Prevention Proqram," of the 1973-74 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE DELINQUENCY PREVENTION PROGRAM =545 ........ $72,815.00 BE IT FURTHER ORDAINED that, an emerqency existinq, this Ordinance shal be in effect from its passaqe. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1973. No. 21135. AN ORDINANCE to amend and reordain Section ~20, "General District Court 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 Section ~20, "General District Court," of the 1973-74 Appropriation Ordinance, be and the same is hereby, amended and reordained to read as follows, in part: GENERAL DISTRICT COURT ~20 Education .................................... $824.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal 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 September, 1973. No. 21136. 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 Municipal Government 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 ~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 Vehicular Equipment - Replacement (1) ..................... $250,500.00 (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 24th day of September, 1973. No. 21137. AN ORDINANCE to amend and reordain Section ~14, "Personnel, 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 ~14, "Personnel," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PERSONNEL gl4 Fees for Professional and Special Services (1) ....................... $41,600.00 (1) Net increase ..... $31,600.00 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 24th day of September, 1973. No. 21138. AN ORDINANCE amending and reordaining Ordinance No. 20686, relating to the schedule of rates and charges for use of the Roanoke Civic Center, by the deletion from said ordinance of the paragraph providing for caterer's fees; and providing for an emergency. 'WHEREAS, the Council has recently accepted a proposal for provision of catering services of the Roanoke Civic Center and it is therefore no longer neces- sary or appropriate to provide for catering fees in the approved schedule of rate and charges for the use of said Civic Center; and an emergency is hereby set fort 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 Ordinance No. 20686, heretofore adopted on January 29, 1973, be and is hereby amended and reordained by the deletion, from page 8 thereof, of the paragraph entitled Caterer's Fees, the remaining provisions of such ordinance to remain in full force and effect. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shal 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 September, 1973. No. 21139. AN ORDINANCE authorizing the City Manager to enter into a new agreement with Local No. 55, International Alliance of Theatrical Stage Employees and Movin Picture Machine Operators, relative to services of such organization at the Roano Civic Center, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager has under date of September 24, 1973, recom- mended the advisability of entering into an amended agreement, on behalf of the City, with Local No. 55, of the International Alliance of Theatrical Stage Employ. ees and Moving Picture Machine Operators, for the purpose of setting forth the terms and conditions under which said union and its members would provide the ser- vices of the trade made necessary from time to time for performances, shows and exhibitions at the Roanoke Civic Center, and, in said report, further transmitted to the Council a form of memorandum of agreement which would accomplish said pur- pose, in which recommendation Council concurs; and WHEREAS, for the usual daily operation of the municipal 9overnment, an emergency is declared to exist in order that this ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and is hereby authorized to enter into agreement, to be substantially in form transmitted with report of September 24, 1973, to the Council, with Local No. 55, International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators, such agreement to be otherwise in form approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect from and after September 28, 1973. A TTE ST: Deputy City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1973. Mayor No. 21140. A RESOLUTION authorizing the negotiation of short-term loans for the pur- 'i pose of paying current expenses or debts of the City. ~ WHEREAS, this Council is advised and has determined that the City will need to negotiate and secure short-term loans of money for the purpose of paying current expenses and debts of the City; and WHEREAS, the amount of short-term loans to the City hereinafter authorize( to be negotiated would aggregate less than ten per centum of the revenue from all sources collected by the City in the preceding fiscal year. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, as authorized by Sec. 49 of the Roanoke Charter of 1952, as amended, the City Auditor be, and he. is hereby authorized to negotiate and secure for the City short-term loans of money to the City, from time to time, during the current fiscal year expiring June 30, 1974, in such amounts as are necessary to pay current expenses and debts of the City, the total amount of all such short-term loans to the City hereafter made, outstanding at any one time, not to exceed the aogregate sum of $4,500,000.00, and to use such of the proceeds of such loans as may be necessary to pay current expenses and debts of the City. Each of the several loans that may be made pursuanl~l to the authorization herein contained shall be evidenced by negotiable promissory I' ilnotes of the City bearing interest from the date of such loan at a negotiated rate iof interest not oreater than six per cent, (6%), per annum, payable on the date of maturity of each respective note, which said interest shall be payable from the General fund, each note to become due at such time after date as the City Auditor shall determine, not to exceed, however, one year after the respective dates of such notes, the City to reserve the right to anticipate the payment of the princi- pal of any such note or any part thereof at any date prior to the maturity thereof with interest thereon accrued to the date of such payment, and each such note to be in the form prescribed by the City Attorney, executed by the City of Roanoke, by its Mayor, (the Mayor of the City of Roanoke being hereby fully authorized to execute said notes for and on behalf of the City of Roanoke), and the notes evide~ cing each of the several loans that may be made pursuant to the authorization here contained to be payable in lawful money of the United States of America to a bank doing business in the City of Roanoke, or order, and to be signed for identifica- tion purposes, only, by the City Auditor; and the aforesaid City Auditor is furthe authorized and directed to pay all such notes and the interest thereon on the date that the same become due with money drawn from the General Fund of the City of Roanoke. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1973. No. 21141. AN ORDINANCE exercising a right to purchase approximately 261.25 acres of land situate in the Vinton Magisterial District in Roanoke County, Virginia, east of the Blue Ridge Parkway and south of Roanoke River, upon certain terms and provisions; providing for notice of the City's exercise of a certain purchase op- tion; providing for payment of the purchase price thereof upon delivery of good and sufficient deed or deeds therefor and for recordation of such deeds; and providing for an emergency. WHEREAS, the City of Roanoke and the County of Roanoke, on November 2, 1972, and on February 28, 1973, entered into certain purchase option agreements wi M. S. Thomas, widower, owner of certain land situate in the Vinton Magisterial Dis, trict, in Roanoke County, Virginia, whereby the City and said County were granted the option t° purchase said land upon certain terms and provisions hereinafter set forth; and WHEREAS, on application therefor duly made, the Board of Supervisors of Roanoke County have heretofore 9ranted a Special Use Permit (Conditional) approving and authorizing use of the land herein described for sanitary landfill purposes, to which permit are attached certain conditions, all of which can be met or complied with in the use of said land for said purposes; and WHEREAS, the City of Roanoke, in order to provide sanitary landfill areas available for the use of said City and for other adjacent political subdivisions, or for agencies of all such political subdivisions desirin9 to participate in the owner- ship and use of the same on a joint or regional basis, deems it necessary to pur- chase said land for such purposes, and funds sufficient for the payment of the pur- chase price by the City have been appropriated by the Council; and WHEREAS, the members of the Joint Landfill Committee have recommended to the Council and to the Board of Supervisors of Roanoke County 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, i THEREFORE, BE IT ORDAINED by the Council of the City .of Roanoke that the 'i City of Roanoke hereby exercises the right granted the City of Roanoke and the Coun~ ty of Roanoke to purchase those certain tracts or parcels of land situate in the Vinton Magisterial District, in Roanoke County, Virginia, lying south of the Roanok~ River and east of the Blue Ridge Parkway containing, in the aggregate, 261.25 acrest more or less, from M. S. Thomas, widower, pursuant to written purchase option agree~ ments dated October 2, 1972, and February 28, 1973, made by and between said partie~ and for the full purchase price therein provided, with the consideration paid for th~ option to be applied against said full purchase price, and the .City Attorney be and is hereby directed to notify, forthwith, said owner and Thurman Realty Company, Agents, of the City's aforesaid election by delivering or by mailin9 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 attorneys for the City of Roanoke and of Roanoke County of a 9ood and sufficient deed of conveyance made jointly to the City of Roanoke and to the County of Roanoke, 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 or pa~ty entitled thereto the City's check or checks in payment of the City's proportionate part of the unpaid purchase price, viz., $117,750.00, made payable as directed by the City Attorney, but so as to protect the interests of Thurman Realty Company, Agents, in the transaction and as otherwise provided in said option agreement; theri- after said deed to be recorded in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia. BE IT FURTHER ORDAINED that, should the Board of Supervisors of Roanoke County similarly and within the time provided elect to exercise with the City said County's purchase rights under the aforesaid purchase option agreements but desire that the City of Roanoke make payment to the property owner of the full balance of the purchase price to become due for payment to said owner upon exercise of said purchase rights, namely $235,500.00, 'the City of Roanoke shall advance on behalf of Roanoke County and by payments made as aforesaid in payment of said County's portion of the unpaid purchase price the sgm of $117,750.00 whic'h, together with the City's proportionate part of said unpaid purchase price, aggregates $235,500.0 taking title to said property in the name of the City but with a one-half undivide interest therein to be thereafter conveyed b.y the City to the County of Roanoke or to such agency, bo'ard or commission of the pa'rties as may be agreed to hold title to the aforesaid land for said parties, upon arrangements being made between the parties for reimbursement or credit to the City of Roanoke of the $117,500.00 so advanced. BE IT FURTHER ORDAINED that a certified copy of this ordinance be forth- with delivered to the Chairman of the Board of Supervisors of Roanoke County or to William F. Clark, its Clerk; and BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of September, 1973. No. 21142. AN ORDINANCE authorizing the acquisition of certain real estate situate in Roanoke County, wanted and needed for sanitary landfill purposes, upon certain terms and conditions; and providing for an emergency. WHEREAS, a joint purchase option of a certain land, heretofore taken and acquired by the City of Roanoke and by the County of Roanoke, jointly, is about to expire and the governing body of said County, although requested so to do by the City, has failed to act upon said option, although this Council has, by Ordinance No. 21141, elected to exercise the City's joint'rights with said County under said purchase option, and in full accordance with the terms thereof; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City do purchase and acquire from M. S. Thomas, widower, all those certain six (6) tracts or parcels of land owned by said M. S. Thomas and situate in the Vinton Mag- isterial District of Roanoke County, Virginia, said to contain an aggregate of 261.25 acres, more or less, as the same are generally described and referred to in that certain written purchase option agreement dated October 2, 1972, entered into between the said M. S. Thomas and the City of Roanoke, and others, and do pay there- for to said owner the full sum and consideration of $237,500.00, cash, upon delivery to the City of a good and sufficient deed of conveyance made with general warranty of title and modern English covenants, free and clear of liens and encumbrances, drawn and approved as to form and sufficiency by the City Attorney, making appropri~ ate provisions in such settlement to protect the interests of any real estate agent: or broker of said owner in said sale; current taxes to be prorated between the par-~ ties as of the date of settlement and provision to be made that said owner may occupy and use until December 31, 1973, without payment of rent the dwelling house,; barns and outbuildings appurtenant to said land and to use for the purpose of graz- ing the livestock of the owner such unimproved portions of the land area as are not required or de. sired for use by the City for its purposes, but with full and complet~ possession of all said property to be delivered to the City no later than January BE IT FURTHER ORDAINED that the City Manager be and is hereby authorized to enter into appropriate contract of sale wi'th the aforesaid owner in the premisesii such contract to be upon form approved by the City Attorney. BE IT FINALLY ORDAINED 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 1st day of October, 1973. No. 21143. RESOLUTION providi ng for the appointment of five freeholders, any three of whom may act, as viewers in connection with the petition of Robert A. Wingfield,+, Jr., and Martha W. Wingfield, husband and wife, and Thomas H. Beasley, Jr., to vacate and close an unused and unopened 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. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the petition of Robert A. Wingfield, Jr. and Martha W. Wingfield, husband and wife, and Thomas H. Beasley, Jr., that said petitioners did duly and legally pub- lish as required by Section 15.1-364 of the Code of Virginia, 1950, as amended to date, notice of their application to this Council to vacate and close an unused and unopened portion of Walton Street, N. E., 40 feet in width and extending 112 feet South from the Southerly side of Wallace Avenue, N. E., in the City of Roanoke Virginia, the publication of which was had by posting copies of said notice on the front door of the Courthouse of the Circuit Court for the City of Roanoke, Virgin (Campbell Avenue entrance), the Market Square (Salem Avenue entrance of the Marke House), and at No. 311 Second Street, S. E. (formerly Randolph Street), all of which is verified by an affidavit of the Deputy Sheriff of the City of Roanoke, Virginia, appended to the petition; WHEREAS, said notices were all posted on the 20th day of September, 197: and more than ten days prior to the presentation of the said petition; WHEREAS, petitioners have requested that five viewers, any three of whor may act, be appointed to view the above described street and to report in writing as required by the statute above mentioned. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, upon consideration of said petition, that William M. Harris, James L. Trinkle, Harold W. Harris, Jr., Lester K. Stover, Jr. and William P. Wallace, any three of whom may act, be, and they hereby are, appointed as viewers to view the aforesaid stre~ and to report in writing pursuant to the provisions of the statute above mentione( whether or not, in their opinion, any, and if any, what inconvenience would resultl from vacating, discontinuing and closing said street. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1973. No. 21145. AN ORDINANCE providing for the cleaning, testing and grouting of variou: sanitary sewer lines in the City by the award of a contract therefor to R. E. Chakales and Associates, Inc., and providing for an emergency. WHEREAS, at the meeting of the Council held on August 27, 1973, and after due and proper advertisement had been made therefor, one (1) bid for furn- ishing all labor and materials for the cleani, ng, testing and grouting of various sanitary sewer lines in the City was opened and read before the Council, whereupon said bid was referred to a committee for study, report and recommendation to the Council; and WHEREAS, said committee has reported to the Council that the bid of R. E. Chakales and Associates, Inc., made on unit prices on estimated quantities of work set out in the City's plans and specifications, as modified by letter of September 17, 1973, amounts to a total estimated cost to the City of $147,860.00, and meets the City's requirements and specifications referred to in its advertisement and appears to be the lowest and only bid made to the City for the performance of the said work, and should be accepted; 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 R. E. Chakales and Associates, Inc., to furnish all necessary tools, labor and materials, except water to be furnished by the City, necessary for the cleanings.! testing and grouting of various sanitary sewer lines in the City, in accordance wit!.h the City's plans and specifications prepared therefor and on the unit prices set out and contained in said contractor's bid or proposal, and as modified and reduced! by letter of September 17, 1973, to the City Manager, 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 contrac-~ tor 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 approved by the City Attorney; the cost of the work not to exceed the total sum to the City of $147,8/)0.00, and said work when satisfactorily completed and accepted by the City, to be paid for out of funds appropriated by the Council for the pur- pose. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1973. No. 21146. AN ORDINANCE awarding contracts for the painting of the interior and exterior of specified public offices and buildings in and/or belonging to the City and providing for an emergency. WHEREAS, at the meeting of the Council held on September 24, 1973, and after due and proper advertisement therefor, two (2) bids for the painting of the interior and exterior of several of the public offices and buildings, or portions thereof, in and/or belon§in9 to the City, which said bids contained separate bids for the several items hereinafter set out, were opened and read before the Cou nci which said bids were thereafter referred by the Council to a committee to tabular, and study the same and to report thereon to the Council; and WHEREAS, said committee has reported to the Council that after a study of the same, it appears that the proposal hereinafter accepted represents the low- est and best bid made to the City for the work needed to be done, and said commit- tee has recommended that the said bid be accepted; and WHEREAS, there has been appropriated by the Council sums sufficient to pay the cost of the contract hereinafter authorized to be entered into; 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 fol- lows: (1) That the bid of Hundley Painting and Decorating Company for furn- ishing all labor, tools, equipment and materials necessary for painting the fol- lowing-described offices or buildings, or portions thereof, namely: a. Interior at =5 Fire Station b. Interior and Exterior at =11 Fire Station c. Exterior of the National Guard Armory d. Exterior at Airport Building =1 e. Exterior at Airport Building ~11 and Exterior at Airport Building =12 f. Exterior at Airport Buildings =17, 18, 19 G 20 g. Interior of Eureka Park Recreation Center h. Interior of Parks G Recreation Office Building and Exterior of Buena Vista Recreation Center for the aggregate price of $ 1,696.00 2,728.00 1,855.00 2,3OO.00 4,134.00 6,490.00 5,613.00 1.500.00 $ 26,316.00 for all of the aforesaid, be, and said bid is hereby ACCEPTED; and (2) That, pursuant to the provision of Sec. 41 of the City Charter, City Manager is hereby authorized to employ City forces and materials to accompli the painting of the following described offices and buildings, or portions thereo: separate accounts to be kept of such work, namely: a. Interior of the Court House Building b. Interior at Airport Building =12 and =18, and Interior at Airport Terminal Building c. Exterior 5 Interior of Preston Park Toilet and Interior of Preston Park Recreation Center (3) That the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to execute the requisite contracts 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 Ciiy Attorney, and the cost to be paid out of funds heretofore or presently being appropriated by the Council for the purpose. BE IT FURTHER ORDAINED that the other bid made for said work be and is hereby REJECTED, the City Clerk to notify said bidder and to express the City's appreciation of said bid. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. A P P R 0 ¥ E D ATTEST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lst'day of October, 1973. No. 21147. AN ORDINANCE relating to the acquisition of certain lots or parcels of land located in the southeast portion of the City, needed for expansion of the City sewage treatment plant upon certain terms and conditions; authorizing settlements to be made for certain properties involved in condemnation proceedings along with settlement of the claims of the owners for relocation assistance payments; and pro- viding for an emergency. WHEREAS, the lots or parcels of land hereinafter mentioned, are propertie needed for use for expansion of the Sewage Treatment Plant and are the subject of pending condemnation proceedings, and the owners of certain of such properties have;i now offered to agree to a settlement of said condemnation proceedings and to convey~:l ance of the title to said properties and to settlement, satisfaction and release ofll their claims for relocation assistance payments upon the payment to said owners of the gross sum of $52,000.00 by the City along with the City's agreement that the owners may, at their sole expense, move a house located at 1426 Brownlee Avenue, S. E., the same being situate on one of the parcels to be acquired, $39,300.00 of which $52,000.00 has already been paid into Court by the City in bringing said pro- ceedings; and WHEREAS, the City Attorney has reported to the Council that such settle- ment appears to be fair and equitable, considering the release by said owners of the claims which they may have by reason of Title 25, Chapter 6, of the 1950 Cod of Virginia, as amended, providing for relocation assistance payments to persons displaced by governmental agencies acquiring property for public use; and WHEREAS funds sufficient to defray the $12,700.00 of additional costs involved in such settlements have been or are contemporaneously herewith being appropriated for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke th~ the City Auditor be and he is hereby authorized to pay by checks of the City, drawn at the direction of the City Attorney and either directly to the within named owners or into Court, as directed by said attorney, additional amounts aggregating the additional sum of $12,700.00, so that the total sums paid by the City for the following described properties, together with all claims of their owners connected therewith, shall be as follows: For Hugh L. Gearheart, a/k/a Hugh Linwood Gearheart, and Elizabeth S. Gearheart, husband and wife, for Lots 6, 7, 8, 9, 11, 23, 24, 25, 26 and 27, Section 4, Map of Eastover Place Corpora- tion, the additional sum of $5,200.00 which, with the sum heretofore paid, amounts to a total sum of $32,100.00; and For Betty ¥. Stanley~ for Lot 4, Section 4, Map of Eastover Place Corporation, the additional sum of $3,550.00 which, with the sum heretofore paid, amounts to a total sum of $9,850.00; and For Dolly Coffey~ for Lot 5, Section 4, Map of East- over Place Corporation, the additional sum of $3,950.00 which, with the sum heretofore paid, amounts to a total sum of $10,050.00; and upon the legal vestin9 of fee simple title to the aforesaid lots in the City of Roanoke, either by deed of conveyance or court order, and upon the release of any and all relocation assistance claims of the aforesaid owners. BE IT FURTHER ORDAINED, that Hugh L. Gearheart and Elizabeth S. Gear- heart be and they hereby are authorized to remove, at their sole expense, that certain house located at 1426 Brownlee Avenue, S. E., from Lot 8, Section 4, Map of Eastover Place Corporation, provided that the same be removed on or before October 20, 1973, but not later. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shal 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 October, 1973. No. 21148. 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 t~ Council of the City of Roanoke that Sec- tion =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 ............................ $12,700.00 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 October, 1973. No. 21149. AN ORDINANCE providin§ for relocation assistance pa.yments to certain owners and/or tenants displaced by reason of the acquisition of property for expan- sion of the City's sewage treatment plant upon certain terms and conditions; and providing for an emergency. WHEREAS, the City of Roanoke has inaugurated a program of expansion at its sewage treatment plant which requires the acquisition of various occupied properties; by reason of which certain owners and/or tenants of the properties to be acquired have been or will be displaced; and WHEREAS, Title 25, Chapter 6, of the 1950 Code of Virginia, as amended, requires local governments to pay to displaced owners and/or tenants of properties acquired by said local governments, certain sums as relocation assistance payments; and WHEREAS, there is being appropriated contemporaneously herewith the sum of $12,500.00 for the payment of relocation assistance claims, now known or though to exist, of certain owners and/or tenants of properties acquired for the purpose aforesaid; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that relocation assistance payments, as hereinafter set out, are hereby authorized to be made to owners and/or tenants displaced by reason of the acquisition of properties for the expansion of the City's sewage treatment plant pursuant to the provisions of Title 25, Chapter 6, of the 1950 Code of Virginia, as amended. BE IT FURTHER ORDAINED that such payments are to be paid by the City Auditor upon submission of claims certified by the City's relocation agent upon forms approved by the City Attorney and the City Manager. BE IT FURTHER ORDAINED that.there is expressly authorized to be paid the claim of Robert L. Weiss and Mary L. Weiss, husband and wife, in an amount not to exceed $4,410.00 and the claim of Flora S. Jordan in an amount not to exceed $1,340.00, upon proper releases being given the City by all such owners and/or tenants in the premises. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in effect from and after its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1973. No. 21150. AN ORDINANCE to amend and reordain Section ~550, "Sewage Treatment Cap- ital Improvements Fund," of the 1973-74 Sewage Treatment Fund Appropriation Ordi- nance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =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 ............................. $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 0th day of October, 1973. No. 21144. AN ORDINANCE permitting the construction of certain underground footings for a new building to be erected on the northwest corner of South Jefferson Street and Kirk Avenue, S. W., designated as Official No. 1011714 to encroach not more than 2.5 feet over the west line of the public right-of-way of Jefferson Street and not more than 3.0 feet over the north line of the right-of-way of Kirk Avenue, S. W., upon certain terms and conditions. WHEREAS, representatives of Jefferson Limited Partnership and others, owners of the property designated as Official No. 1011714, have requested that they be permitted, in the construction of a new office building on said property, to con- struct and maintain within the rights-of-way of South Jefferson Street and Kirk Avenue, S. W., abutting said property, certain underground footings extendin9 over the property lines and into said rights-of-way as hereinafter provided, which pro- posal has been referred to the City Manager and the City Attorney who, conferring with the Building Commissioner and with said owners, have recommended that the re- quest be approved upon the co. nditions hereinafter contained; and WHEREAS, pursuant to the authority vested in local governing bodies by sS15.1-376 of the 1950 Code of Virginia, as amended, this Council is agreeable to the owners' proposal and is willing to permit the aforesaid encroachments over the public rights-of-way herein described, upon the terms and conditions hereinafter contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that per- mission be and is hereby granted Jefferson Limited Partnership, National Theatre Corporation and Henry Scholz, Jr., and Muriel K. Scholz, husband and wife, owners of property bearing Official No. 1011714, located on the northwest corner of South Jefferson Street and Kirk Avenue, S. W., to construct and maintain as underground encroachments into the public rights-of-way of Jefferson Street and Kirk Avenue, S. W., as said streets abut said property, ten, (10), reinforced concrete footings ATTEST: as shown on a certain Foundation Plan prepared by Sherertz and Franklin, Architec and Engineers, for The First National Exchange Bank Building, Roanoke, Virginia, dated September 21, 1973, a copy of which said plan is on file in the office of the City Clerk, the top of no footing to be less than twelve feet below existing sidewalk grade at the property line and no such footing to encroach more than 2.5 feet over the west line of the right-of-way of Jefferson Street nor more than 3.0 feet over the north line of the right of way of Kirk Avenue, S. W., and to be constructed as shown on the cross-section insert contained on said plan; all such construction to be made with approved and permitted building materials and to be constructed and safely and properly maintained at the expense of the aforesaid owners, their successors or assigns, under a building permit issued therefor by the Building Commissioner of the City of Roanoke, in accordance with such of the City's building regulations and requirements as~are applicable thereto, and with payment by said owners to the City of an annual fee of $150.00 for the permit herein granted; it to be expressly understood and agreed by said permittees that the permission herein contained is subject to the limitations contained in sS15.1-376, et seq., of the 1950 Code of Virginia, as amended, and that said per- mittees, by making and maintaining said encroachments, agree that they and their successors and assigns will indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to property or persons that may arise by ea- son of such encroachments. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fury effective until such time as an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by said permittees and shall have been admitted to record at the expense of said permittees in the Clerk Office of the Circuit Court of the City of Roanoke; and until a written permit ,~ shall have been issued by the City's Building Commissioner for the construction o ! the encroachments herein authorized to be made. i~ APPROVED ~' Deputy City Clerk Ma yo r ACCEPTED AND EXECUTED by the undersigned this , 1973: day of JEFFERSON LIMITED PARTNERSHIP, By. ( SEAL Henry Scholz, Jr. (SEAL John C. Glasgow General Partners ATTEST: NATIONAL THEATRE CORPORATION, By. Henry Scholz, Jr., President Lester R. Peacock, Secretary Henry Scholz, Jr. (SEAL) STATE OF VIRGINIA) )To-wit: CITY OF ROANOKE ) (SEAL) Muriel K. Scholz , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that HENRY SCHOLZ, JR., and JOHN C. GLASGOW, General Partners of Jefferson Limited Partnership, HENRY SCHOLZ, JR., and LESTER R. PEACOCK, President and Secretary, respectively, of National Theatre Corporation, and HENRY SCHOL'Z, JR., and MURIEL K. SCHOLZ, husband and wife, whose names are signed to the foregoing ordinance, have each personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1973. My commission expires: Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1973. No. 21151. 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 Sec- tion ~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 Advertising (1) ................................... $3,227.60 (1) Net increase ---$727.60 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 October, 1973. No. 21152. AN ORDINANCE exercising the right to purchase approximately 7.00 acres of land situate on the south slope of Mill Mountain in the City of Roanoke, Virg ia, adjacent to the existing Mill Mountain property of the City of Roanoke, 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 deliver of a deed to the City and for recordation of such deed; and providing for an emer- gency. WHEREAS, the City of Roanoke, on July 20, 1973, entered into a purchase option agreement with the owner of certain land situate on the south slope of Mi Mountain in the City of Roanoke, Virginia, whereby the City was granted the opt to purchase said land upon certain terms and provisions hereinafter set forth; WHEREAS, the City of Roanoke deems it necessary to purchase said land f¢ enlargement of public facilities, and funds sufficient for.the payment of the p chase price has heretofore been or are herewith being appropriated by the Council and WHEREAS, the Real Estate Committee through the City Manager has recom- mended the purchase of the property hereinafter described, in which recommendatio 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 th City's right to purchase that certain tract or parcel of land situate on the sout slope of Mill Mountain in the City of Roanoke, Virginia, lying generally north an west of Section 3 as shown on the Map of Mill Mountain Estates recorded in Map Book 1, page 207, in the Clerk's Office of the Circuit Court of the City of Roano Virginia, containing, in the aggregate, 7.00 acres, more or less, from James E. Long, Construction Co., Inc., pursuant to written purchase option agreement dated on the 20th day of July, 1973, made by the City with said party, be and is hereby exercised, and the City Clerk be and is hereby directed to notify, forthwith, sai 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 James E. Lon9 Construction Co., Inc. - $4,900.00, in payment of the aqreed 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, Virqinia. BE IT FINALLY ORDAINED that, an emergency existinq, this ordinance shall be in force and effect upon its passaqe. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1973. No. 21153. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improvements Fund," 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 ~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 Mill Mountain Land Acquisition 74 - 113 ..................... $4,900.00 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 8th day of October, 1973. No. 21154. AN ORDINANCE to amend and reordain Section ~'75, "Parks and Recreation," and Section ~89, "Transfers to Capital Improvements Fund," of the 1973-74 Appro- priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =75, "Parks and Recreation," and Section =89, "Transfers to Capital Im- provements Fund," of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: PARKS AND RECREATION =75 Maintenance of Buildings and Property (1) ......................... $11,600.00 Operating Supplies and Materials (2) ........................ 28,675.00 (1) Net increase $3,300.00 (2) Net increase $2,000.00 TRANSFERS TO CAPITAL IMPROVEMENTS FUND =89 Mill Mountain Zoo Improvements (1) 74- 114 ........... $13,700.00 (1) Net increase ............. $13,700.00 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 8th day of October, 1973. No. 21155. AN ORDINANCE authorizing and directing the City Manager to make a writtE offer in the amount of $360,000.00 to the heirs at law of William Lukens for the purchase of a certain tract of land and upon acceptance of said offer, providin9 for the purchase of said tract, upon certain terms and conditions; and providing for an emergency. WHEREAS, upon investigation of suitable sites for the location of a ser- vice center in the City of Roanoke, the site hereinafter described would be well suited for the development and construction of a service center; and WHEREAS, the City Manager, in report to Council dated October 8, 1973, has indicated that the present owners would be willing to sell this property to the City for a total cost to the City of $360,000.00; and WHEREAS, funds sufficient to pay the aforesaid purchase price has been appropriated by the Council for such purpose and it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its pas- sage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed for and on behalf of the City to make a written offer to the heirs at law of William Lukens to purchase that' certain 15.368 acre tract of land situated on the south line of Sycamore Avenue, N. E., in the City of Roanoke, designated as Official No. 3070316, free from all encumbrances, for a total cost to the City of $360,000.00, which said offer shall be made in the form of a written transmittal of a copy of this ordinance and tender~ ed to said owners or to their attorney. BE IT FURTHER ORDAINED that, upon acceptance of the offer by the heirs at [ law of William Lukens by execution of a contract of sale, and delivery of same to the City, the City Manager is authorized to execute said contract on behalf of the City, and upon certification by the City Attorney of title to said property and delivery to the City of a proper deed of conveyance prepared or approved by the City Attorney, said deed to include the seller's General Warranty of Title and the Modern English Covenants, and to be executed and acknowledged as approved by the City Attorney, the City Auditor shall be and he is hereby authorized and directed to issue and deliver the City's check or checks in payment of the aforesaid purehas~ price, made payable to such proper person or persons as is directed by said City Attorney. BE IT FINALLY ORDAINED that an emergency exist'in-g, this ordinance 'shall be in force and effect upon its passage. APPROVED ATTEST: Deputy City Clerk Ma yor , IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1973. No. 21156. A RESOLUTION expressing appreciation to the Virginia Department of Highways and to its contractor, Wiley N. Jackson & Company, for expeditious completion of the first section of the Route 220 Southwest Expressway. ATTEST: WHEREAS, the first section of the City's Route 220 Southwest Expressway extending the four-lane divided highway from Interstate 581 at Elm Avenue, S. E., to Franklin Road, S. W., has been completed by said department's contractor and was opened for the use of the public on October 3, 1973, as a major highway in th, city, intended, in the near future, to connect Interstate 81 with the existing Route 220 and Route 419, south of the present corporate limits of the city; and WHEREAS, said new construction and the construction next planned to fol- low will be of great assistance to the public and to the city in bettering the flo of traffic through said city and between various parts thereof. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body does commend the design and workmanship of the section of Route 220 Southwest Expressway opened to the public on October 3, 1973; and does express to the Virginia Department of Highways and to Wiley N. Jackson G Company, its highwa contractor, this Council's appreciation for the expeditious and excellent work in completing said highway for the future use and benefit of those using the same. BE IT FURTHER RESOLVED that the City Clerk do transmit an attested copy of this resolution to the Virginia Department of Highways, through appropriate channels, and to Wiley N. Jackson G Company, its contractor. APPROVED Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1973. No. 21157. AN ORDINANCE conditionally amending paragraphs (1) and (15) of the con- tract 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, monthly, over a period commencing October 1, 1973; and pro- viding for an emergency. WHEREAS, it is necessary for the usual and daily operations of the muni- cipal 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 Roanob 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 companies, the sum of $14,000.00 per month beginning October 1, 1973, and continuin§ for a period not to exceed three (3) months, except that such period may be extended as provided in paraqraph (15) as amended. (15) This contract, toqether with all privile§es, riqhts, duties and obliqations under it, except the duty of the companies or their successors or assi§ns, to pay to the City any monies due it, shall terminate at midniqht, December 31, 1973, except upon express written aqreement executed by the parties to an extension of the term hereof. BE IT FURTHER ORDAINED that, an emerqency existinq, this ordinance shall be in effect upon its passa§e, 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 5 Electric Company and Safety Motor Transit Corporation, by said company's duly authorized representative, as evidence of said company's aqreement to its adoption and the amendments of the aforesaid contract to the extent only as provided for herein. ATTEST: APPROVED Deputy City Clerk Mayor This ordinance is hereby endorsed by Roanoke City Lines, Inc., successor in interes~ to Roanoke Railway g Electric Company and Safety Motor Transit Corporation as evi- dence of said company's acceptance and approval thereof. Dated: Siqned: Roanoke City Lines, Inc., successor in interest to Safety Motor Transit Corpora- tion, and Roanoke Railway & Electric Company By President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1973. No. 21158. AN ORDINANCE to amend and reordain Section g96, "Transportation," 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 emerqeney is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec tion ~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) .............................. $81,000.00 (1) Net increase --$42,000.00 BE IT FURTHER ORDAINED that, an emergency existing,, this Ordinance shal be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1973. No. 21159. AN ORDINANCE to amend and reordain Section ~24000, "Schools - Special Cooperative Program for Former Drop-Outs and Potential Drop-Outs," 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 ~24000, "Schools - Special Cooperative Program for Former Drop-Outs and Potential Drop-Outs, of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - SPECIAL COOPERATIVE PROGRAM FOR FORMER DROP-OUTS AND POTENTIAL DROP-OUTS =24000 Personal Services .......................... $41,300.00 SUpplies ................................... 300.00 Travel ..................................... 1,000.00 Operations ................................. 250.00 Fixed Charges .............................. 1,300.00 Equipment .................................. 750.00 BE IT FURTHER ORDAINED that, an emergency existin9, this Ordinance shal be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1973. No. 21160. AN ORDINANCE to amend and reordain Section =70, "Flood Damage," 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 ~70, "Flood Damage," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FLOOD DAMAGE ~70 Flood Damage ............................. $4,115.70 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1973. No. 21161. AN ORDINANCE authorizing the issuance of Change Order Nos. 2 and 3 to thel 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 cer. rain changes in such work for an aggregate additional cost of $6,842.89; and pro- vidin9 for an emergency. WHEREAS, the City Manager has recommended to the Council that Change Or- ders 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 altera- tions to the City's 3rd Street, S. W., Building, which changes consist of certain items of additional work and certain changes and deletions in the work heretofore specified, all as hereinafter generally described and resulting, in the aggregate, to an additional cost of $6,842.89; and WHEREAS, the City's contractor is reported to be willing to consent to the issuance of such Change Orders and a sum sufficient to pay the additional amoun~ of such contract costs has been appropriated for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that th City Manager be and is hereby authorized and directed to execute and issue Change Order Nos. 2 and 3 to the City's contract dated January 3, 1973, with Martin Bro- thers Contractors, Inc., providing for certain alterations to the City's 3rd Street, S.W. Building, which said Change Orders shall provide for accomplishment of those alterations and deletions set out in detail in the City Manager's report of October 15, 1973, a copy of which is on file in the office of the City Clerk, such Change Orders not to exceed, in the aggregate, additional costs to the City of $6,842.89., making for a new contract sum of $800,845.94. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shal be in force and effect upon its passage. ATTE ST: ~ Deputy City Clerk APPROVED Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1973. No. 21162. 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 Appropriati Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENTS FUND =89 Third Street Building 70-3 ..................... $6,842.89 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor k. itT/ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1973. No. 21163. AN ORDINANCE providing for relocation assistance payments to certain own- ers and/or tenants displaced by reason of the acquisition of property for expansion~ of the City's sewage treatment plant upon certain terms and conditions; and provid- ing for an emergency. WHEREAS, the City of Roanoke has inaugurated a program of expansion at its sewage treatment plant which requires the acquisition of various occupied pro- perties; by reason of which certain owners and/or tenants of the properties to be acqui.ced have been or will be displaced; and WHEREAS, Title 25, Chapter 6, of the 1950 Code of Virginia, as amended, requires local governments to pay to displaced owners and/or tenants of properties acquired by said local governments, certain sums as relocation assistance payments; and WHEREAS, there is being appropriated contemporaneously herewith the sum of $5,000.00 for the payment of relocation assistance claims, now known or thought to exist, of certain owners and/or tenants of properties acquired for the purpose aforesaid; and , WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that relocation assistance payments, as hereinafter set out, are hereby authorized to be made to owners and/or tenants displaced by reason of the acquisition of properties for the expansion of the City's sewage treatment plant pursuant to the provisions of Title 25, Chapter 6, of the 1950 Code of Virginia, as amended. BE IT FURTHER ORDAINED that such payments are to be paid by the City itor upon submission of claims certified by the City's' relocation agent upon forms approved by the City Attorney and the City Manager. BE IT FURTHER ORDAINED that there is expressly authorized to be paid the claim of Robert E. Handy and Betty J. Handy, husband and wife, in an amount not to exceed $4,380.00 and the claim of Lillian G. Eakin in an amount not to exceed $2,500.00, upon proper releases being given the City by all such owners and/or tenants in the premises. BE IT FINALLY ORDAINED that, an emergency existing, this Ordinance shall be in effect from and after its passage. A T TE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1973. No. 21164. AN ORDINANCE to amend and reordain Section =550, "Sewage Treatment Capi- tal Improvements Fund," of the 1973-74 Sewage Treatment Fund Appropriation Ordi- nance, and providing for an emergency. WHEREAS, for the usual daily operation of the MuniCipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =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 .................................. $5,000.00 BE IT FURT~R ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1973. No. 21166. AN ORDINANCE authorizing and directing the City's acquisition of certai lands wanted and needed by the City for the construction of new court and jail facilities for use by the City of Roanoke and by other governmental subdivisions desiring and arranging for joint-use with the City, upon certain terms and condi- tions; and providing for an emergencyr WHEREAS, after mature consideration given the matter by committees of the Council, and by the joint governmental committee studying the matter, of a proper location for new court and jail facilities to be used by the City of Roa- noke and by other governmental subdivisions desiring to use the same, and after public hearings conducted before the Council on the matter, at which the views an opinions of citizens, members of the Bar, law enforcement officials and others were made known to the Council, the Council has concluded that the site recommend- ed by the City Manager and hereinafter described is the best and most appropriate site for construction of said new facilities; and WHEREAS, funds sufficient for payment of the purchase prices hereinafter provided have been appropriated by the Council for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal government that an emergency is hereby declared to exist in order that this ordi- nance 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 purchase and acquire for the City of Roanoke, as a site for new court and jail facilities to be used by the City and by such other 9overnmental subdivisions who may be desirous of using the same pursuant to agreements with the City, the followin9 described parcels of land situate on the north side of Church Avenue, S. ~/., and on the south side of Campbell Avenue, S. W., west of Third Street, S. W., and, in so doing, to offer to pay to the owners of the ~e spective properties the cash considerations hereinafter set out, viz: a. Official No. 1011328, fronting 100 feet on the north side of Church Avenue, from Roy H. Park Broadcasting of Roanoke, Inc. for a consideration of Official No. 1011326, fronting 50 feet on the north side of Church Avenue, S. W., from George T. Ellis, et al, for a consideration of Official Nos. 1011323, 1011324 and 1011325, fronting 95 feet, more or less, on the north side of Church Avenue, S. W., from Colonial- American National Bank, Trustee, of the estate of E. A. Thurman, deceased, for a consideration of Official Nos. lOll311, 1011312 and 1011313, fronting 225 feet on Campbell Avenue, S. W., from J. A. Meador, Inc., for a consideration of ....... $135,750.00; $50,000.00; $100,000.00; $306,500.00. BE IT FURTHER ORDAINED that in negotiatin9 for the City's purchase and acquisition of the abovedescribed properties, the City Maria§er shall be and he is hereby authorized to enter into such appropriate purchase option agreements and/or contracts of sale with the aforesaid owners, or any of them, embodying the terms of purchase hereinabove authorized and such other terms incidental to such acquisi- tions as may be approved by the City Manager, upon form of agreement first approved! by the City Attorney; and, thereafter, upon tender to the City of good and sufficie deeds of conveyance to the City, made upon form approved by the City Attorney, and upon certification by said Attorney of the title to said properties, the City Audi- tor is hereby authorized and directed to issue and deliver to the City Attorney the City's checks in payment of the aforesaid purchase prices, drawn as directed by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTE ST: it Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The .15th day of October, 1973. No. 21167. 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 Sec tion =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 Personal Services (1) .......................... $1,402,669.00 (1) Net decrease $576,341.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1973. No. 21168. AN ORDINANCE to amend and reordain certain sections of the 1973-74 Appro priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that cer tain sections of the 1973-74 Appropriation Ordinance, be, and the same are hereby amended and reordained to read as follows, in part: REVENUE SHARING TRUST (1) -O- POLICE DEPARTMENT =45 Personal Services (2) .................... $1,979,010.00 (1) Net decrease $576,341.00 (2) Net increase $576,341.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shal 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 October, 1973. No. 21165. AN ORDINANCE authorizing and providing for the sale and conveyance of three parcels of land to City of Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. WHEREAS, the City of Roanoke Redevelopment and Housing Authority has here~' tofore requested that the City sell and convey to said Authority the property herein- after mentioned, needed by said Authority in assembling the necessary land for its Gainsboro Neighborhood Redevelopment Program (Program No. Va. A-6), said Authority advising the City that recent appraisals made of the value of the lands hereinafter described indicated their aggregate value to be $10,900.00, which amount would be credited to the City as a part of its oblioation toward said project; and WHEREAS, the Council's Real Estate Committee has, by letter dated October 8, 1973, recommended that the hereinafter described lands be conveyed to said Autho; rity, they not being held by the City for any of its public purposes, for the nomi- nal consideration of one dollar cash plus credit to the City of the sum of $10,900.00, toward its obligation for said Gainsboro Neighborhood Redevelopme~ Program, upon the terms and conditions herein provided; in all of which this Coun- cil concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City does hereby offer to sell and convey to City of Roanoke Redevelopment and Hous' ing Authority the following described three parcels of land: Gainsboro Neighborhood Program Parcel No, 12-25 12-70 12-72 Official Purchase Tax No. Price 2021614 $ 400.00 2021674 $ 650.00 2021675 $9.850.00 $10,900.00 with special warranty of title for the nominal consideration of ONE DOLLAR ($1.00), cash, payable to the City upon delivery of its deed of conveyance thereto, and for the additional consideration that the City be credited in the sum of $10,900.00 to- ward its obligation for the cost of the Gainsboro Neighborhood Redevelopment Pro- gram, such conveyance to he made subject to any and all easements, conditions and restrictions of record affecting the title to said parcels of land. BE IT FURTHER ORDAINED that, the proper City officials be, and they are hereby authorized and directed to execute such deed on behalf of the City as is necessary to transfer and convey to said Authority the title to the aforesaid pro- perties, such deed to be made upon such form as is approved by the City Attorney 462 and, upon its execution and acknowledgment the City Attorney shall be and is hereb authorized to deliver said deed to City of Koanoke Redevelopment and Housing Autho. rity or its authorized attorney or representative. BE IT FURTHER ORDAINED that the City Clerk do forthwith transmit to City of Roanoke Redevelopment and Housing Authority an attested copy of this Ordinance as evidence of the offer herein contained. ATTEST: APPROVED Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1973. No. 21169 AN ORDINANCE permitting an encroachment of not more than twenty-two inches over the sixteen foot level of new exterior arches on a building over the street right-of-way line on First Street, S. W., for a distance of approximately fifty-four feet, said facing to be erected on the east side of a building located on Official No. 1012220, upon certain terms and conditions. WHEREAS, Lendy's Restaurants, owner or occupant of the property herein- after described, on which the building of said firm is situate, located at 415 Fir Street, S. W., requested that it be permitted to erect new exterior arches extend- ing upon but not more than twenty-two inches over the sixteen foot level into the street right-of-way line on First Street, S. W., said new exterior arches to be approxioately fifty-four feet in length along said First Street, S. W.; and WHEREAS, the City Manager has reported that the request of said applican as provided herein will pose no problem to the City in respect to future streets and should'therefore be granted; and WHEREAS, pursuant to the authority vested in local governing bodies by sS15.1-376 of the 1950 Code of Virginia, as amended, this Council is agreeable to said applicant's proposal and is willing to permit the encroachment hereinafter mentioned over and into not more than twenty-two inches over the sixteen foot leve into the street right-of-way line on First Street, S. W., abutting said applicant' property, upon the terms and conditions hereinafter contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that permission be, and is hereby granted Lendy's Restaurants, owner or occupant of the lot described as Official No. 1012220, on which the building occupied by said com- pany at 415 First Street, S. W., is located, to erect new exterior arches on the side of said building, approximately fifty-four feet in length along First Street, S. W., which said new exterior arches may encroach westerly for a depth of not more than twenty-two inches over the sixteen foot level of the street right-of-way line on the west line of First Street, S. W., abutting the aforesaid lot, said new ex- terior arches to be properly and safely constructed and maintained at the expense of the aforesaid applicant, or its assigns, or successors in interest, on permit issued therefor by the Building Commissioner and in accordance with such of the City's building regulations and requirements as are applicable thereto and subject, also, to all of the limitations contained in sS15'i1-376 of the 1950 Code of Virginia, abovementioned; it to be agreed by said permittee that by making and maintainin9 such encroachment, said permittee and its assigns or successors in interest agree to indemnify and save harmless the City of Roanoke of and from all claims for injur- ies or damages to persons or property that may arise by reason of the encroachment of said exterior arches into the street right-of-way line on First Street, S. W. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until such times as a written permit shall have been issued by the City's Building Commissioner to the aforesaid applicant, or its duly autho- rized contractor or representative, and until an attested copy of this ordinance shall have been duly signed, sealed and acknowledged by Lendy's Restaurants, and shall have been admitted'to record, at the cost of said permittee, in the Clerk's Office of the Circuit Court of the City of Roanoke. APPROVED ATTEST: Deputy City Clerk Mayor EXECUTED and ACCEPTED by the undersigned this day of , 1973. LENDY'S RESTAURANTS ATTEST: STATE OF VIRGINIA) ) To-wi t: CITY OF ROANOKE ) I, , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that and , and respectively, of Lendy's Restaurants, whose names as such are signed to the fore- going writing bearing date the day of , lC. 73, have this date personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this My commission expires: day of lC73 Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1973. No. 21170. 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) .................. Office Furniture and E ment ~ New (2) ................................... $963,153.50 4,827.50 (1) Net increase (2) Net increase $11,625.00 630.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1973. No. 21171. 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 City Home Improvements 70 - 4 .................. $3,500.00 BE IT FURTHER ORDAINED that, an emerqency existinq, this Ordinance shall be in effect from its passa§e. ATTEST: APPROVED DepUty City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1973. No. 21172. AN ORDINANCE approvinq and authorizin9 the employment of Smithey g Boynto Architects and Enqineers, to make an evaluation and study of the City Nursin§ Home and prepare a preliminary cost estimate of the work required to brinq said nursinq home into conformity with State rules and requlations qoverninq such facilities, upon certain terms and conditions; and providin9 for an emerqency. WHEREAS, the City Manaqer has reported to Council under date of October 22, 1973, that the City has been advised that the City Nursinq Home must be upqrade( in order to conform to various State rules and requlations 9overnin9 such facilitie and, Smithey 5 Boynton, Architects and Enqineers have submitted a proposal under-da of October 10, 1973, to evaluate and study the City Nursinq Home and prepare a pre- liminary cost estimate of the work required to brin9 said nursinq home in conformit with said rules and requlations, and funds sufficient to pay for the cost of the services herein authorized to be employed have been or are beinq appropriated by th, Council. 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 City Manaqer be and he is hereby authorized and directed to enter into written aqre¢ merit, upon form approved by the City Attorney, with Smithey g Boynton, Architects and Enqineers to make an evaluation and study of the City Nursin9 Home and prepare a preliminary cost estimate of the work required to brin9 said nursin§ home into cop formity with various rules and requlations 9overnin9 such facilities and to make report thereon to the City Manaqer in writin9 within the time and in a manner appro- red by the City Manager, said architects and engineers to be compensated in an amount not to exceed $3,500.00, upon satisfactory completion of the work described as Phase I in the aforesaid proposal dated October 10, 1973. BE IT FURTHER ORDAINED that an emergency existing, this ordinance shall be in force and effect upon its passage. ATTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1973. No. 21173. A RESOLUTION recommending and urging the initiation by the Department ot Highways of a project to improve State Route 115 from the intersection of 13th Street and Dale Avenue, S. E., to the intersection of 9th Street and Orange Avenue N. E., including a bridge over Lick Run and the Norfolk and Western Railway, set- ting out the need therefor; committing the City to pay its proportionate part of the cost of such project; and amending Resolution No. 20931. WHEREAS, there exists a need to improve State Route 115 from the inter- section of 13th Street, and Dale Avenue, S. E., ,to the intersection of 9th Street and Orange Avenue, N. E., including a bridge over Lick Run and the Norfolk and Western Railway for the purpose of better facilitating the flow of vehicular traf- fic 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 of that segment of Route 115, from the intersection of 13th Street and Dale Avenue, S. E., to the intersection of 9th Street and Orange Avenue, N. E., including a bridge over Lick Run and the Norfolk and Western Railway, 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 project. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby autho- rized to execute, on behalf of the City, all requisite applications to the Virgin- ia Department of Highways, for the accomplishment of the aforesaid project 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 fl~ ereof out of funds pro- vided in the City's Capital Improvements Project Account for such purposes; and t the City will pay 100% of the then accrued costs of the project if the same shall be abandoned at the instance of the City. at BE IT FINALLY RESOLVED that Resolution No. 20931, heretofore adopted on June 4, 1973, be amended consistant herewith. APPROVED ATTEST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1973. No. 21174. A RESOLUTION recommending and urging the initiation by the Department of Highways of a project to improve 10th Street, N. W., between Gilmer Avenue, N. W., and Williamson Road, N. W., in the City of Roanoke; setting out the need therefor; committing the City to pay its proportionate share of the cost of such project; and amending Resolution No. 20932. WHEREAS, there exists a need to improve 10th Street, N. W., between Gil- mer Avenue, N. W., and Williamson Road, N. W., in the City of Roanoke for the pur- pose 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 design, right-of- way acquisition and construction of that segment of 10th Street, N. W., between Gilmer Avenue, N. W., and Williamson Road, N. W., such to be accomplished by projec in which the State would bear 85% and the City would bear 15% of the total cost of such project. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby autho- rized to execute, on behalf of the City, all requisite applications to the Virginia Department of Highways for the accomplishment of the aforesaid project and, further to extend the City's assurance that said City will, upon the ordering of such pro- ject, commit itself to pay 15% of the total cost thereof out of funds provided in the City's Capital Improvements Project Account for such purposes; and that the City will pay 100% of the then accrued costs of the project if the same shall be abandoned at the instance of-the City. BE IT FINALLY RESOLVED that Resolution No. 20932, adopted the 4th day of June, 1973, be amended consistant herewith. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1973. No. 21175. AN ORDINANCE accepting the proposal of General American Transportation Corporation to lease to the City six (6) rubber lined rail tank cars for use at the City's Water Pollution Control Plant upon certain terms and conditions; and providing for an emergency. WHEREAS, on September 19, 1973, and after due and proper advertisement had been made therefore, one (1) bid for the leasing to the City of six (6) rubber lined rail tank cars to be used for the transportation of pickle liquor to the Water Pollution Control Plant was opened in the office of the City's Purchasing Aqent by three members of the committee appointed for the purpose and thereafter was 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, recommendin9 award of the contract as herein-! after 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 leasing of said tank cars, and that funds sufficient to pay for the same have been or are being appropriated; and WHEREAS, for the usual daily operation of the municipal 9overnment, 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 fol- lOWS: 1) That the proposal of General American Transportation Corporation, 380 Madison Avenue, New York, New York, for the leasing to the City of six (6) rubber lined rail tank cars having 10,000 gallon capacity, and each to be suitable for transporting waste muriatic acid to the City's Water Pollution Control Plant for the period of one (1) year, and at a monthly rental of $212.50 per car, in full accordance with the City's plans and specifications made therefore'and in accord- ance with said bidder's proposal dated September 12, 1973, 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 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. 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 22nd day of October, 1973. No. 21176. AN ORDINANCE accepting a certain bid and awarding a certain contract for alterations to the detention cells on the first floor of the Courthouse Building, in Roanoke, Virginia, upon certain terms and conditions; and providing for an emer- gency. WHEREAS, at the meeting of the Council held on October 1, 1973, and after due and proper advertisement had been made therefor, one (1) bid made to the City for alterations to the detention cells on the first floor of the Courthouse Buildin was opened and read before the Council, whereupon said bid was referred to a commit. tee for study and report thereon back to the Council; and WHEREAS, said committee has reported to the Council under date of October 22, 1973, from which it appears that the bid hereinafter accepted represents the best and only bid received by the City, meetin9 the Ci'ty's specifications for said construction, and should be accepted. WHEREAS, funds have been or are bein9 appropriated by the Council suffi- cient to pay the cost of the alterations hereinafter authorized to be done and, for the usual daily operation of the municipal 9overnment, an emergency is declared to exist in order that this ordinance take effect upon its passa9e. THEREFORE, BE IT ORDAINED by the Council of 'the City of Roanoke as fol- lows: 1. That the bid of Hod§es Lumber Company to make alterations to the de- tention cells on the first floor of the Courthouse Building, in Roanoke, Virginia, in full accordance with the City's plans and specifications made therefor and with said bidder's proposal, for a total price of $37,983.00, 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 auth rized and directed to enter into a written contract on behalf of the City with the aforesaid successful bidder for the improvements abovementioned and described in Paragraph 1, above, said contract to have incorporated therein the City's require- ments and specifications for the work so authorized to be done, the bidder's propos al made to the City, and the provisions of this ordinance; and upon satisfactory ATTEST: completion of all said work accepted by the City as meeting all said specificatio the City Auditor shall be, and is hereby authorized to make payment to said contr tot in accordance with the provisions of this ordinance and said contract, chargi said payments to appropriations heretofore or hereafter made by the City for said improvements. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shal be in force and effect upon its passage. APPROVED Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1973. No. 21177. AN ORDINANCE accepting a certain bid and awarding a certain contract for installation of a security surveillance system in the Roanoke City Jail facilities upon certain terms and conditions; rejecting another bid therefor; and providing for an emergency. WHEREAS, at the meeting of the Council held on September 24, 1973, and after due and proper advertisement had been made therefor, two (2) bids made to the City for the installation of a security surveillance system in the Roanoke City Jail, were opened and read before the Council, whereupon all said bids were referred to a committee to be tabulated and studied and to be reported back to the Council; and WHEREAS, said committee has reported to the Council under date of Octobe 22, 1973, its tabulation and report of said bids, from which it appears that the bid hereinafter accepted, while not the lowest bid, is the best bid made to the City, meeting the City's specifications for said installation, and should be accep ed. WHEREAS, funds are being appropriated by the Council sufficient to pay the cost of the installation hereinafter authorized to be made and, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol- lows: 1. That the bid of Motorola, Incorporated to install a security survei lance system in the Roanoke City Jail facilities, in full accordance with the City's plans and specifications made therefor and with said bidder's proposal, fo a total price of $66,245.00, cash, for all sa'id work, be and said bid is hereby ACCEPTED. 2. That the other bid made to the City for the aforesaid improvements be, and the said other bid is hereby REJECTED; the City Clerk to so notify said other bidder and to express the City's appreciation of said bid; and City Manager and the City Clerk be, and they are hereby auth~- 3. That the rized and directed to enter into a written contract on behalf of the City with the aforesaid successful bidder for the provision of the improvements mentioned and des4 cribed in Para§raph 1, above, said contract to have incorporated therein the City's 1 requirements and specifications for the work so authorized to be done, the bidder'sI proposal made to the City, and the provisions of this ordinance; and upon satisfac- tory completion of all said work accepted by the City as meetin9 all said specifica- tions, 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, charqinq said payments to appropriations heretofore or hereafter made by the City for said improvements. BE IT FURTHER ORDAINED that, an emerqency existin9, this ordinance shall be in full force and effect upon its passa§e. A P P R 0 ¥ E D ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1973. No. 21178. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improve~ nts Fund," 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 emer§ency 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 Security Surveillance System 70 - 5 .......... $66,245.00 BE IT FURTHER ORDAINED that, an emer§ency existin§, this Ordinance shall be in effect from its passa§e. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1973. No. 21179. A RESOLUTION. rejecting the only bid received for. furnishing a prechlori nation system at the Carvins Cove Filter Plant, and directing that the matter be readvertised for bids. WHEREAS, on October 15, 1973, and after due and proper advertisement ha been made therefor, one (1) bid was received and opened by the Council for furnish ing a prechlorination system at the Carvins Cove Filter Plant, 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, con- cluded 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 October 15, 1973, for furnishing a pre chlorination system at the Carvins Cove Filter Plant be and the same is hereby REJECTED; the City Clerk to so notify said bidder and to express the City's appre- ciation of said bid. BE IT FURTHER RESOLVED that the City Manager do proceed to readvertise for bids for said matter, such bids to be received in the month of December, 1973 ATTEST: ~._~ APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1973. No. 21180. AN ORDINANCE to amend and reordain Section =20, "General 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 ~20, "General District Court," of the 1973-74 Appropriation Ordinance, be and the same is hereby, amended and reordained to read as follows, in part: GENERAL DISTRICT COURT ~20 Personal Services (1) ........................ $193,365.20 (1) Net increase ........ $14,735.20 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED A TTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1973. No. 21181. A RESOLUTION confirming the City Manager's appointment of K. B. Kiser as Director of Utilities and Operations, Cabell J. Fearn as Director of Technical and Administrative Planning, and of Malcome Glenn Gregory as Manager of Motorized Vehi- cle Maintenance, in the administrative service of the City of Roanoke. BE IT RESOLVED by the Council of the City of Ro~oke as follows: That the said Council doth hereby confirm the City Manager's appointment of K. B. Kiser as Director of Utilities and Operations, effective July 1, 1973; Cabell J. Fearn as Director of Technical and Administrative Planning, effective January 1, 1974; and doth further confirm said City Manager's appointment of Malcome Glenn Gregory, as Manager of Motorized Vehicle Maintenance, effective October 9, 1973, all in the administrative service of the City of Roanoke, as said appointment were duly reported to the Council by the City Manager at the Comcil's meetin§s held on August 6, 1973, and on October 15, 1973. A TTE ST: ~~ Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1973. No. 21182. A RESOLUTION providing for a Special Meeting of the Council to be held on Wednesday, November 7, 1973, at 2:00 o'clock, P.M. WHEREAS, a certain construction project for expansion of the City's Sewag~ Treatment Plant is to be advertised for bids by the City, such bids for said con- struction being proposed to be opened before the Mayor and the Members of the Coun- cil at 2:00 o'clock P.M., Eastern Standard Time, on Wednesday, November 7, 1973. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a Special Meeting of the Council of the City of Roanoke be held at 2:00 o'clock, P.M., Eastern Standard Time, on Wednesday, November 7, 1973, in the Council Cham- bers in the Municipal Building, for the purpose of receivin9, opening and consider in9 bids made to the City for a construction project for the expansion of the City Sewage Treatment Plant; and for the purpose of taking such action in the premises as the Council may then be advised. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1973. No. 21183. A RESOLUTION confirming the City Manager's appointment of Dr. Mary Jane Donnalley as Director of Civic Enrichment, and of William A. Hewitt as Director o Safety and Security, in the administrative service of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke as follows: That the said Council doth hereby confirm the City Manager's appointmen of Dr. Mary Jane Donnalley as Director of Civic Enrichment, effective November 5, 1973, and doth further confirm said City Manager's appointment of William A. Hewitt, as Director of Safety and Security, effective October 29, 1973, in the administrative service of the City of Roanoke, as said appointments were duly reported to the Council by the City Manager at the Council meeting held on Oc~be 22, 1973. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of October, 1973. No. 21187. A RESOLUTION providin9 for the appointment of three viewers in connection with the application of Community Hospital of Roanoke Valley and Carnett Investments to permanently vacate, discontinue and close that certain alley extendinq from the southerly side of Mountain Avenue, S. E., to the northerly side of Hi§bland Avenue, S. E., located between First Street and Third Street, S. E., and runninq parallel thereto. WHEREAS, it appearin9 to the Council of the City of Roanoke, Virginia, upon the application of Community Hospital of Roanoke Valley that said applicant did duly and legally post as required by sS15.1-364 of the Code of Virginia, as amended, a notice of its application to the Council of the City of Roanoke, Virgin- ia, to vacate, discontinue and close that certain alley located in the City of Roa- noke, Virqinia, shown on Sheet No. 402 of the Tax Appraisal Map of the City of Roanoke, Vir§inia, more particularly described as follows, to wit: That certain alley extendin9 from the southerly side of Mountain Avenue, S. E., to the northerly side of Hiqhland Avenue, S. E., located between First Street and Third Street, S. E., and runninq parallel thereto for the entire length and width of said alley; 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, Virqinia, (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 application addressed to the Council requestin9 that the aforesaid alley be permanently vacated, discontinued and closed; and WHEREAS, it appearin9 to the Council that more than ten days have elapsed since the postin§ of said proper legal notice and the Council havin9 considered said application to permanently vacate, discontinue and close the aforesaid alley; and WHEREAS, the applicant has requested that three viewers be appointed to view the above-described alley herein souqht to be permanently vacated, discontinu- ed and closed and report in writin9 as required by sS15.1-364 of the Code of Vir- ginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. R. Lee Mastin, William G. Mangus, Jr., and J. Wysor Smith, Jr. be and they are hereby appointed as viewers to view the aforesaid alley and report in writin9 pursuant to the provisions of sS15.1-364 of the Code of Virginia, as amend- ed, whether in their opinion, any and if any, what, inconvenience would result from discontinuin9 the same. A TTE ST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of October, 1973. No. 21188. AN ORDINANCE to amend and reordain Section ~550, "Sewage Treatment Capi- tal 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 re-i ordained to read as follows, in part: SEWAGE TREATMENT CAPITAL IMPROVEMENTS FUND ~550 Sewage Treatment Plant Expansion- 832 ............................ $24,000.00 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 October, 1973. No. 21189. AN ORDINANCE providing for relocation assistance payments to certain owners and/or tenants displaced by reason of the acquisition of property for expan~ sion of the City's sewage treatment plant upon certain terms and conditions; and providing for an emergency. WHEREAS, the City of Roanoke has inaugurated a program of expansion at its sewage treatment plant which requires the acquisition of various occupied pro-,: perties; by reason of which certain owners and/or tenants of the properties to be i acquired have been or will be displaced; and I WHEREAS, Title 25 Chapter 6 of the 1950 Code of Virginia, as amended, i ' ' i requires local governments to pay to displaced owners and/or tenants of properties ~ acquired by said local governments, certain sums as relocation assistance payments;? and WHEREAS, there is being appropriated contemporaneously herewith the sum of $9,000:.00 for the payment of relocation assistance claims, now known or thought to exist, of certain owners and/or tenants of properties acquired for the purpose aforesaid; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. NOW, THEREFORE BE IT ORDAINED by the Council of the City of Roanoke that relocation assistance payments, as hereinafter set out, are hereby authorized to be made to owners and/or tenants displaced by reason of the acquisition of properties for the expansion of the City's sewage treatment plant pursuant to the provisions of Title 25, Chapter 6, of the 1950 Code of Virginia, as amended. BE IT FURTHER ORDAINED that such payments are to be paid by the City Aud- itor upon submission of claims certified by the City's relocation agent upon forms approved by the City Attorney and the City Manager. BE IT FURTHER OHDAINED that there is expressly authorized to be paid the business moving expense claim of Clyde M. Welch, Sr., and Annie M. Welch, husband and wife, in an amount not to exceed $8,560.00, upon proper releases being given the City by such owners in the premises. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in effect from and after its passage. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of October, 1973. No. 21190. AN ORDINANCE providing for relocation assistance payments to certain owners and/or tenants displaced by reason of the acquisition of property for expan- sion of the City's Sewage Treatment Plant, upon certain terms and conditions; and providin9 for an emergency. WHEREAS, the City of Roanoke has inaugurated a program of expansion at its sewage treatment plant which requires the acquisition of various occupied pro- perties; by reason of which certain owners and/or tenants of the properties to be acquired have been or will be displaced; and WHEREAS, Title 25, Chapter 6, of the 1950 Code of Virginia, as amended, requires local 9overnments to pay to displaced owners and/or tenants of properties acquired by said local 9overnments, certain sums as relocation assistance payments; and WHEREAS, there is being appropriated contemporaneously herewith the sum of $15,000~00 for the payment of relocation assistance claims, now known .or though to exist, of certain owners and/or tenants of properties acquired for the purpose aforesaid; 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 relocation assistance payment, as hereinafter set out, is hereby authorized to be made to the owners hereinafter mentioned as displaced by reason of the acquisition of properties for the expansion of the City's Sewage Treatment Plant pursuant to the provisions of Title 25, Chapter 6, of the 1950 Code of Virginia, as amended. BE IT FURTHER ORDAI NED that such payments are to be paid by the City 'Auditor upon submission of claims certified by the City's relocation agent upon forms approved by the City Attorney and the City Manager. BE IT.FURTHER ORDAINED that there is expressly authorized to be paid the claim of Clyde M. Welch and Annie M. Welch, husband and wife, in an amount not to exceed $15,160.00, upon proper release being given the City by such owners in the premises. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in effect from and after its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE.CITY OF ROANOKE, VIRGINIA, The 29th day of October, 1973. No. 21191. AN ORDINANCE providing for the rough grading of the site for the City's Public Works Service Center, upon certain terms and conditions; accepting a bid made to the City for performing said work and making award of a contract therefor rejecting other bids made to the City for the aforesaid improvement; and providin for an emergency. WHEREAS, at the meeting of the Council held October 22, 1973, and after due and proper advertisement had been made the refor, three (3) bids made to the City for performing the rough grading of the site for the City's new Public Works Service Center, all in accordance with the plans and specifications made therefor were opened and read before the Council, whereafter said bids were referred to a committee, to be tabulated and studied, with recommendation thereon to be made ba to the Council; and WHEREAS, said committee has reported to the Council in writing this day its tabulation of and recommendation on said bids, from which it appears that the bid hereinafter accepted is the lowest and best bid made to the City for the afore- said work, and appears to meet all of the City's specifications and requirements established for said work; and said committee has recommended that said bid be accepted; and WHEREAS, funds sufficient to pay for the cost of said work have been or are being appropriated by the Council for the purpose and, for the usual daily oper. ation 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 said Council doth hereby ACCEPT the written bid of Double N Trucking Corporation, to provide all necessary labor and equipment to properly accomplish the rough grading of the site for the construction of the City's new Public Works Service Center in full accordance with the approved plans and specifications prepared therefor by Vosbeck Vosbeck Kendrick Redinger, Architects and Engineers, for the lump sum price of $10,488.00, and at the unit prices proposed by said bidder for such additional work as may be required done under the contract documents; and the City Manager and the City Clerk are hereby authorized and directed, for and on behalf of the City, to enter into requisite contract in the form set out in the aforesaid specification~ with the aforesaid successful bidder, said contract to have incorporated therein th~ bid or proposal hereinabove accepted, the City's plans and specifications made and prepared for the aforesaid work and the appropriate provisions of this ordinance, said contract to be, otherwise, upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that the bids or proposals made to the City by the other bidders be, and said other bids are hereby REJEC~rED; the City Clerk to so notify said other bidders and to express to them the City's appreciation for their said bids. 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 29th day of October, 1973. No. 21192. A RESOLUTION appointing two (2) directors of the Industrial Development Authority of the City of Roanoke, Virginia, to fill four-year terms of office on its board of directors. WHEREAS, the Council is advised that the terms of office of two (2) of the directors of the Industrial Development Authority of the City of Roanoke, Virginia, expires on October 20, 1973; and WHEREAS, Section 15.1-1377 of the 1950 Code of Virginia, as amended, provides that appointments made by the governing body on such board of directors shall, after initial appointment, be made for terms of four (4) years on such board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Edward C. Sanders and C. E. Hunter, Jr., be and.are reappointed directors on the board of directors of the Industrial Development Authority of the City of Roanoke, Virginia, for terms of four (4) years, each, commencing on October 21, 1973, and expiring October 20, 1977, to fill vacancies created by the expiration of the term of office of said members on said board occurring on October 20,-1973. A P P R 0 VE D ATTE ST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1973. No. 21184. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, 'as amended, and Sheet No. 121, Sectional 1966 Zone Map City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanok~ to have 1306 Patterson Avenue, S. W., described as Westend & Riverview Map, Block 11, Part of Lot 1, west part of Lot 2, and part of Lot 3, Tax =1213406, rezoned from C-2, General Commercial District, to RG-2, General Residential District; and WHEREAS, the City Planning Commission has recommended that the hereinaf- ter described land be rezoned from C-2, General Commercial District, to RG-2, Gen- eral 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 X¥, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and post- !ed as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 29th day of October, 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 considerin9 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 X¥, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 121 of the Sectional 1966 Zone Map, City of Roa- noke, be amended in the following particular and no other, viz.: Property located on 1306 Patterson Avenue, S. W., described as Westend ~ Riverview Map, Block 11, Part of Lot 1, west part of Lot 2, and part of Lot 3, desi hated on Sheet 121 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1213406, be, and is hereby, changed from C-2, General Commercial District, to RG-2, General Residential District, and that Sheet No. 121 of the aforesaid map be changed in this respect. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1973. No. 21185. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, and Sheet No. 401, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to Council of the City of Roanoke to have the following real estate generally situated south of Campbell Avenue, S. E., east of Second Street, S. E., and west of the Norfolk and Western Railway Company right-of-way, and situated south of Tazewell Avenue, S. E., east of South Jefferson Street, north of Elm Avenue, S. E., and west of the Norfolk and Western Railway Company right-of-way, and being more particularly described hereinafter, rezoned from C-4, Central Business District Expansion Area to C-3, Central Business Distric and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, C'hapter 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 for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 29th day of October, 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 401 of the Section 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Real estate generally situated south of Campbell Avenue, S. E., east of Second Street, S. E., and west of the Norfolk and Western Railway Company right- of-way, and situated south of Tazewell Avenue, S. E., east of South Jefferson Street, north of Elm Avenue, S. E., and west of the Norfolk and We'stern Railway Company right-of-way, more particularly described as follows: Lots 1 through 9, Block I; Lots I and 2, and portions of Lots 3 and 4, Block 3; portions of Lots 1 through 5, Block 5; Lots 1 and 2 and a portion of Lot 3, Block 17; Lots 1 through 3, Block 2, Lots 1 and 2 and a portion of Lot 3, Block 20, and portions of Lots 4 through 8, Block 24, all according to the Map of Park Land and Improve- ment Company; bearing Official Tax Nos. 4011902 through 4011908; 4012001; 4012002 through 4012004; 4012005 through 4012007; 4011909, 4011911 and 4011912; 4013301 and 4013303; and 4013304 through 4013310, respectively; Lots 6 through 11, according to the Gale Map; bearing Official Tax Nos. 4011901 and a north- erly portion of Official No. 4011913, respec- tively; Lots 15 through 22, 'Block 5, according to the Official Survey of the City of Roanoke, S.E. 2, bearing Official Tax No. 4011922; and a parcel of land containing 1.53 acres, more or less, being the remainder of Block 9, according to the Official Survey of the City of Roanoke, S.E. 2, bearing Official Tax No. 4013802; -described as Downtown East Redevelopment Project, Project No. VA. R-42, designated on Sheet 401 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 4011901, 4011902, 4011903, 4011904, 4011905, 4011906, 4011907, 4011908, 4011909, 4011911, 4011912, a northwesterly portion of 4011913, 4011922, 4012001, 4012002, 4012003, 4012004, 4012005, 4012006, 4012007, 4013301, 4013303, 4013304, 4013305, 4013306, 4013307, 4013308, 4013309, 4013310, and 4013802, be, and are hereby, changed from C-4, Central Business District Expansion Area, to C-3, Central Busi- ness District, and that Sheet No. 401 of the aforesaid map be changed in this respect. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1973. No. 21186. 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 2516 Winthrop Avenue, S. W., being Lots 3 and 4, Section 4, Winona Addition Official Tax numbers 1270503 and 1270504, rezoned from RD, Duplex Residential Dis- trict, to RG-2, 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 post- ed as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 29th day of October, 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. 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 Roa- noke, be amended in the following partichlar and no other, viz.: Property located on 2516 Winthrop Avenue, S. W., described as Lots 3 and 4, Section 4, Winona Addition, designated on Sheet 127 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 1270503 and 1270504, be, and is hereby, changed from RD, Duplex Residential District, to RG-1, General Residential District and that Sheet No. 127 of the aforesaid map be changed in this respect. APPROVED ATTEST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1973. No. 21193. A RESOLUTION providing for the appointment of five freeholders, any thre of whom may act, as viewers in connection with the application of Alton Lowe, In- corporated and Kennard-Pace Co., Inc. to permanently vacate, discontinue and 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 unopen- ed twelve foot alley extending in a westerly direction from the aforesaid portion of Nineteenth Street, all of which are more specifically described below. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of Alton Lowe, Incorporated and Kennard-Pace Co., Inc., that said petitioners did on October 22, 1973, duly and legally publish as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of their appli. cation to the Council of the City of Roanoke, Virginia, to close the hereinafter described streets and alley, the publication of which was had by posting a copy of the notice on the front door of the courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance), and at 311 Second Street, S. E., as provided by the aforesaid Section of the Virginia Code, as amended, all of which is verified by an affidavit of the Sheriff of the City of Roanoke appended tb "the application addressed to the Council requesting that the hereinafter described streets and alley be permanently vacated, discontin ued and closed; and WHEREAS, it appearing to the Council that more than ten days have elapse since the publication of such proper legal notice, and the Council having consider ed said application to permanently vacate, discontinue and close the hereinafter described portion of the aforesaid streets and alley; and WHEREAS, the applicants have requested that five viewers, any three of whom may act, be appointed to view the hereinafter described streets and alley herein sought to be permanently vacated, discontinued and closed and report in writing, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virgini that Messrs. J. Tate McBroom, Dewey H. Marshall, Harry Whiteside, Jr., Dale Poe and R. R. Quick, any three of whom may act, be, and they hereby are, appointed as viewers to view the following described streets and alley and report in writing, pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing the same, namely: PARCEL I 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 Virginian) 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. BEING that portion of Nineteenth 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 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 all 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 III 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 intersection with the right of way line of the Norfolk and Western (formerly Virginian) Railway 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. APPROVED ATTEST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1973. No. 21194. AN ORDINANCE to amend and reordain certain sections of the 1973-74 Appro- priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that cer- tain sections of the 1973-74 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: TRAFFIC ENGINEERING AND COMMUNICATIONS =57 Personal Services (1) ...................... $365,529.50 STREET CONSTRUCTION AND REPAIR =58 Personal Services .(2) ...................... 526,615.50 GARAGE =71 Personal Services (3) ...................... 348,954.50 TRANSFERS TO CAPITAL IMPROVEMENTS FUND Garage Renovation 74-115 (4) ............... 10,000.00 (1) Net decrease (2) Net decrease (3) Net decrease (4) Net increase $ 4,000.00 4,000.00 2,000.00 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 5th .day of November, 1973. No. 21195. 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 hereby, amended and reordained to read as follows, in part: POLICE ~45 Investigations, Studies and Rewards (1) ................................ $3,200.00 (1) Net increase-- $1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1973. No. 21196. 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 Refunds and Rebates ........................ $860.90 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1973. No. 21197. AN ORDINANCE to amend and reordain Section ~1, "Council," 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 ~1, "Council," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COUNCIL ~1 Gratuities (1) ......................... $11,721.50 (1) Net increase ....... $9,221.50 BE IT FURTHER ORDAINED that, an emergency e×istin9, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1973. No. 21198 . AN ORDINANCE to amend and reordain Section =450, "Municipal Airport Fund," 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 ~450, "Municipal Airport Fund," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL AIRPORT FUND ~450 Capital Outlay from Revenue (1) ............ $66,735.00 (1) Net increase $2,500.00 BE IT FURTHER ORDAINED that, an emergency existin9, 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 5th day of November, 1973. No. 21199. AN ORDINANCE to amend and reordain Section ~547, "Courtroom Memory Sys- tem,'' of the 1973-74 Appropriation Ordinance, and providin9 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 C~ ncil of the City of Roanoke that Section ~547, "Courtroom Memory System," of the 1973-74 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COURTROOM MEMORY SYSTEM =547 Courtroom Memory System ................. $12,000.00 BE IT FURTHER ORDAINED that, an emer§ency existin9, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1973. No. 21200. 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 9rant of Federal funds to provide Courtroom Memory Systems for the Circuit 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 applications for action grant awards of Federal funds pursuant to the Law Enforce- ment Assistance Act; and WHEREAS, the Division of Justice and Crime Prevention has awarded funds to the City pursuant to Grant No. 73-A1952 to provide Courtroom Memory Systems for the Circuit Court subject to the acceptance, execution and filing by the City of the "Special Conditions for Action Grant Awards"; and WHEREAS, the City Manager recommends to the Council that Grant No. 73- A1952 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 fol- lows: 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-A1952 for Federal funds in the amount of $11,400.00 through said Division, to be used, along with certain local funds and in-kind contributions, to aid in providing Courtroom Memory Systems for the Circuit Court in the City, estimated to cost approximately $12,000.00; and 2. That the City Manager or his successor in office is further directed to furnish such additional information as may be required by the Division of Justice and Crime Prevention in connection with the City's aforesaid acceptance of said grant or with said project. APPROVED A TTE ST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1973. No. 21201. A RESOLUTION initiating proposal for the permanent vacating, Closing, discontinuing and abandonment of that 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 being shown on Sheet 433 of the City's Tax Appraisal Map; appointing viewers to view said street; requesting the City Planning Commission to make study and recommendation on said proposal; and providing for a public hearing on the said proposal. WHEREAS, and the City of Roanoke having recently acquired title to or right of entry upon all of the lots in Block 4, according to the Map of Eastover Place, said block being bounded by Bennington Street, Underhill Avenue, Kindred Street and Brownlee Avenue, S. E., said land having been acquired for the purpose of enlarging and expanding facilities of the City's Sewage Treatment Plant, it is considered that the alley and the portion of Underhill Avenue, S. E., hereinafter described are no longer needed or desirable for use as a public street and alley and should be permanently vacated, closed, discontinued and abandoned; and WHEREAS, it is this Council's desire to initiate on its own motion and pursuant to Sec. 15.1-364 of the 1950 Code of Virginia, as amended, proceedings to permanently vacate, close, discontinue and abandon said street and alley right- of-way as the same are 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 and alley in the City of Roanoke, the following: (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 approxi- mately 960 feet to the west line of Kin- dred Street, S. E.; and (b) All that certain 12-foot wide alley extending through Block 4, Map of East- over 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 433 of the City's Tax Appraisal Map. BE IT FURTHER RESOLVED that this proposal be referred to the City Planni~ig Commission for study, report and early recommendation thereon to the Council, and . that pursuant to the provision of the law for such cases made and provided, Messrs~ Edward H. Brewer, Jr., William M. Harris, James L. Trinkle, Harold W. Harris, Jr., and Lester K. Stover, Jr., any three of whom may act, are hereby appointed viewers in accordance with the aforesaid statute, to view said street and report in writin9 to this Council whether, in their opinion any, and if any, what inconvenience would result from permanently abandoning, closing and discontinuing and vacating the same; and BE IT FINALLY RESOLVED that a public hearing on the question be held be- fore the Council at its regular meeting on the 26th day of November, 1973, 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. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1973. No. 21203. AN ORDINANCE providinq for relocation assistance payments to certain own- ers and/or tenants displaced by reason of the acquisition of property for expansion of the City's sewage treatment plant upon certain terms and conditions; and provid- ing for an emergency. WHEREAS, the City of Roanoke has inaugurated a program of expansion at its sewage treatment plant which requires the acquisition of various occupied pro- perties; by reason of which certain owners and/or tenants of the properties to be acquired have been or will be displaced; and WHEREAS, Title 25, Chapter 6, of the 1950 Code of Virginia, as amended, requires local governments to pay to displaced owners and/or tenants of properties acquired by said local 9overnments, certain sums as relocation assistance payments; and WHEREAS, there is being appropriated contemporaneously herewith the sum of $9,000.00 for the payment of relocation assistance claims, now known or thought to exist, of certain owners and/or tenants of properties acquired for the purpose aforesaid; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. ATTEST: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that relocation assistance payments, as hereinafter set out, are hereby authorized to be made to owners and/or tenants displaced by reason of the acquisition of properties for the expansion of the City's sewage treatment plant pursuant to the provisions of Title 25, Chapter 6, of the 1950 Code of Virginia, as amended. BE IT FURTHER ORDAINED that such payments are to be paid by the City Auditor upon submission of claims certified by the City's relocation agent upon forms appr'oved by the City Attorney and the City Manager. BE IT FURTHER ORDAINED that there is expressly authorized to be paid the claim of Freddie R. Weiss and Sally J. Weiss, husband and wife, in an amount not to exceed $2,380.00, the claim of O. L. Lee and Eva W. Lee in an amount no't to exceed $521.00 and the claim of H. L. Dodd and Emma B. Dodd in an amount not to exceed $5,890.00, upon proper releases being given the City by all such owners and/ or tenants in the premises. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in effect from and after its passage. APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1973. No. 21204. AN ORDINANCE to amend and reordain Section ~550, "Sewage Treatment Capi- tal Improvements Fund," of the 1973-74 Sewage Treatment Fund Appropriation Ordi- nance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =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 .......................... $9,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1973. No. 21205. AN ORDINANCE concurring in a requested amendment to that certain agree- ment dated June 26, 1969, between the City and ITT Consumer Services Corporation for the operation of the automobile parkin9 lot at Roanoke Municipal Airport so as to permit increase in parking rates at the existing parking lot; and to provide for the installation by ITT Consumer Services Corporation, at its own expense, of a short-term parkin9 lot, and establishing the rates to be charged at said lot; and providing for an emergency. WHEREAS, by agreement dated June 26, 1969, the City of Roanoke granted to ITT Consumer Services Corporation, for a term of five (5) years commencin9 July 1, 1969, the exclusive right to use and operate the public automobile parking lot at the Roanoke Municipal Airport upon certain terms and conditions set forth in said agreement; and WHEREAS, pursuant to the terms set forth in said agreement, said corpora- tion has requested and the Airport Advisory Commission has recdmmended that the City 9rant an increase in the parking rates as hereinafter set out at said lot and allow the said corporation to install, at its sole expense, a short-term parking lot, and to establish the rates to be charged at such lot; in which request 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 this Council doth concur in the request of ITT Consumer Services Corporation that the rates to be charged by said corporation for parking in the public parking lot at the Roanoke Municipal Airport, as such rates are set out in detail in paragraph VII of "Annex A" of that certain agreement dated June 26, 1969, between the City and said corporation be, upon and after the date hereinafter set out, as follows: First hour or portion thereof ............... $0.35 Each additional hour or portion thereof ..... $0.15 Maximum for 24 hours ........................ $1.75, such rates to be effective on the 5th day of November, 1973, or as soon thereafter as said corporation can implement such rates; the remainder of the terms and provi- sions of said agreement, however, to remain in full force and effect. BE IT FURTHER ORDAINED that ITT Consumer Services Corporation be permit- ted to install, at its sole expense, a short-term parking lot or facility within the existin9 airport parking lot, the cost of which is estimated to be $35,000.00, and which will require approximately sixty days to construct, the rates to be charg- ed for the use of said short-term parking lot to be as follows: First 1/2 hour ............................ $0.25 Each additional 1/2 hour .................. $0.25 Maximum for 24 hours ...................... $2.50, such rates to be effective upon the Completion of construction of said facility, or as soon thereafter as said corporation can implement such rates. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in effect upon its passage. ATTEST: Deputy City Clerk APPROVED Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1973. No. 21202. AN ORDINANCE authorizing the leasing of approximately 0.321 acre at Rod- noke Municipal (Woodrum) Airport to the United States of America for United States Air Force Reserve purposes. WHEREAS, the City Manager has advised the Council that the United States Government desires to continue to use a certain 0.321 acre parcel of land and quon- set hut situate thereon at Roanoke Municipal (Woodrum) Airport for United States Air Force Reserve purposes, upon an annual rental of One Dollar ($1.OO), and has recommended authorization of the execution of a lease therefor, in which recommen- dation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be, and they are, hereby, authorized to execute and to seal and attest, respectively, for and on behalf of the City, a contract of lease between the City of Roanoke and the United States of America approximately 0.321 acre of real estate, with improvements thereon, located at Roanoke Municipal (Woodrum) Airport, for United States Air Force Reserve purposes, for the term be- ginning July 1, 1972, through June 30, 1973, renewable thereafter from year to year until the 30th day of June, 1977, without further notice, such lease, n n event to extend beyond June 30, 1977, at an annual rental of One Dollar ($1.00), such lease to be upon such reasonable terms, protective of the City's interests, as the City Manager may determine, to be in substantially the same form as the lease transmitted with the City Manager's report to the Council of November 5, 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 12th day of November, 1973. No. 21206. AN ORDINANCE authorizing and providing for an amendment to the City's concession agreement dated June 26, 1969, as modified by written instrument dated December 29, 1971, with ITT Consumer Services Corporation for the operation of the City's automobile parking lot at Roanoke Municipal Airport in Roanoke County, by extending the term of said agreement, as modified, for an additional term of five (5) years. WHEREAS, by Ordinance No. 18721, adopted May 26, 1969, the Council accept- ed the written proposal of ITT Consumer Services Corporation for operating under concession agreement for a term of five years the City's automobile parking lot at Roanoke Municipal Airport, upon consideration of certain guaranteed monthly fees payable to the City; and WHEREAS, by Ordinance No. 20015, adopted December 28, 1971, the Council authorized amendment of said concession agreement in certain particulars relating to the guaranteed fees payable to the City for such concession privileges; and WHEREAS, the Airport Advisory Commission has recommended to the Council by report dated October 16, 1973, that the present concession agreement between the City and ITT Consumer Services Corporation for operation of the City's automobile parking lot at Roanoke Municipal Airport be extended for an additional term of five (5) years from July 1, 1974, upon the conditions hereinafter enumerated, in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Council doth hereby authorize the modification and amendment of the Concession Agreement heretofore entered into between the City and ITT Consumer Services Corpor- ation under date of June 26, 1969, and as heretofore amended by written Modifica- tion of Concession Agreement dated December 29, 1971, for the operation of the City's automobile parkin9 lot at Roanoke Municipal (Woodrum) Airport in Roanoke County, Virginia, so as to extend all of the terms, provisions, conditions and ob- ligations incumbent upon the parties thereto of said Concession Agreement, as mod- ified as aforesaid, for an extended period of five (5) years from July 1, 1974; said extension to be accomplished by written modification agreement to contain, in addi- tion to provision for the extension not to exceed a term of five (5) years, afore- said, provision obligating said corporation to construct and install, at its sole expense and thereafter to operate, a short-term parkin9 area at said airport, and further to contain provision for payment to the City, during each month of said extended term, the following monthly fees, viz.: Seventy percent (70%) of ail gross receipts of the operation for each month in excess of $0~OO but not exceeding $14,OOO.OO, plus eighty percent (80%) of all gross receipts for each month in excess of $14,O00.O0 but not exceeding $16,O00.00, plus ninety percent (90%) of all gross receipts for each month in excess of $16,000.O0; and the City Manager and City Clerk are hereby authorized and directed to execute and to seal and attest, respectively, on behalf of the City, an addendum to said con- cession agreement dated June 26, 1969, approved as to form by the City Attorney. ATTE ST: APPROVED Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1973. No. 21207. AN ORDINANCE 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, and a National, State and local shortage of energy appearing eminent so that action needs be taken to conserve and reduce the quantity of fuel used by motor vehicles; 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 effe upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 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 sa City shall be operated at a speed in excess of 50 miles per hour upon the public streets or highways within or without the City of Roanoke, except in cases of emer- gency, it being 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 being then used to combat fire or threat- ened or reported fire, or in the actual enforcement or attempted enforcement of th criminal laws and ordinances of the Commonwealth and of thi's City; and 2. That administrative action be taken by the City Manager to apply and enforce the provisions of this ordinance as to all officials and employees of this City operating 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 passaqe and shall continue until the provisions hereof are modified, extended or repealed by the City Council. ATTEST: Deputy City Clerk APPROVED Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1973. No. 21208. A RESOLUTION relating to permanent vacation, discontinuance and closing of certain alleys and portions of alleys within the boundary of or bordering the Gainsboro Neighborhood Development Program, Project VA A-6, 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 Commi s si on. WHEREAS, the City of Roanoke Redevelopment and Housing Authority, the owner of the lands surrounding or abutting upon the hereinafter described alleys and portions of 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 Roa- noke and at two public places in the City of Roanoke, that it is petitionin9 that the following described alleys and portions of alleys be permanently closed, vacated and discontinued, and has requested that the same be referred to the Planning Com- mission of the City of Roanoke for its recommendation, and that viewers to view said alleys and portions of alleys be appointed, and do report in writing whether, in their opinion, any, and if any, what inconvenience would result from discontinu- ing the same. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that whether or not the following alleys and portions of 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 are hereby appointed viewers to view the following described alleys and portions of alleys, and to report in writing whether, in their opinion, any, and if any, what inconvenience would result from discontinu- ing the same, said alleys and portions of alleys being described as follows: 1. That certain unopened paper alley extending from the north line of McDowell 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 1OO.5 feet to intersect with the southerly line of another alley running in an east-west direction. 2. All that certain alley extending from the southerly line of McDowell Avenue at a point approximately 300 feet west of Peach Road, running 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 being the lot line between Lots 3 and 4, Section 5, North Side extended, thence running in a westerly direction a distance of approximately 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 91.5 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'being the property line between Lots (~ and 9, Section 3 of North Side extended. APPROVED ATTEST: Deputy City Clerk Ma yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1973. No. 21209. 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 Lick Run Channel Improvements CIP 27 ......................... $31,747.33 BE IT FURTHER ORDAINED that, an emergency ex~sting, 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 12th day of November, 1973. No. 21210. AN ORDINANCE providing for the purchas'e of supplies of various types of water meters for use by the City's Water Department during the period of time be- ginning November 1, 1973, and ending June 30, 1974, upon certain terms and provi- sions, by accepting certain bids made to the City; rejecting certain other bids; and providing for an emergency. WHEREAS, on October 30, 1973, and after due and proper advertisement had been made therefore, 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 tabu- lated 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 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 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) Froal Rockwell Manufacturing Co.. Pittsburoh. Pennsylvania. the followino: Approximate Unit Ouaqtity TvDe of Meter ...... Pri¢¢ Estimated Total 500 5/8" Meters (without trade-in) $ 27.10 $13,550.00 1,000 5/8" Meters (with trade-in) 21.70 21,700.00 6 3" Compound type meters 520.00 3,120.00 6 4" Compound type meters 925.00 5,550.00 6 6" Compound type meters 1,910.00 11,460.00 1 8" Compound type meter 2,733.00 2.733.00 Estimated total value of purchases from bidder - $58,113.00 (2) From Badger Meter Manufacturing Company. Milwaukee. Wisconsin. the following: lO 5O 2O 2O 3/4" Water Meters 1" Water Meters 1 1/2" Water Meters 2" Water Meters 42.55 $ 425.50 62.40 3,120.00 119.61 2,392.20 178.50 3.570.00 Estimated total value of purchases from bidder - (3) $ 9,507.70 From Hersey Products Company. Dedham.-Massachusetts. the following: 10 6" Detector type meters $ 520.00 10 8" Detector type meters 802.00 2 10" Detector type meters 1,410.00 Estimated total value of purchases from bidder- Estimated Total purchases from all bidders- $ 5,200.00 8,020.00 8,~20.00 $16,040.O0 $83,660.70; to furnish and supply to the City for use by its Water Department, in full accord-, ance 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., Cit~ 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 November 1, 1973, and ending June 30, 1974, as and when ordered by the City Purchasing 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 for upon acceptance by the City out of funds appropriated by the Council for the purpose. BE IT FURTHER ORDAINED that the other bids received by the City for the supply of water meters be, and said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED A TTE ST: Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1973. No. 21211. AN ORDINANCE to amend and reordain Section ~550, "Sewage Treatment Capi- tal 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 re- ordained to read as follows, in part: SEWAGE TREATMENT CAPITAL IMPROVEMENTS FUND ~550 Sewage Treatment Plant Expansion - 832 .............................. $2,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1973. No. 21212. AN ORDINANCE providing for relocation assistance payments to certain owners and/or tenants displaced by reason of the acquisition of property for expan- sion of the City's sewage treatment plant upon certain terms and conditions; and providing for an emergency. WHEREAS, the City of Roanoke has inaugurated a program of expansion at its sewage treatment plant which requires the acquisition of various occupied pro- perties, by reason of which certain owners and/or tenants of the properties to be acquired have been or will be displaced; and WHEREAS, Title 25, Chapter 6, of the 1950 Code of Virginia, as amended, requires local governments to pay to displaced owners and/or tenants of properties acquired by said local governments, certain sums as relocation assistance payments; and WHEREAS, there is being appropriated contemporaneously herewith the sum of $2,500.00 for the payment of relocation assistance claims, now known or thought to exist, of certain owners and/or tenants of prOperties acquired for the purpose aforesaid; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that relocation assistance payments, as hereinafter set out, are hereby authorized to be made to owners and/or tenants displaced by reason of the acquisition of properties for the expansion of the City's sewage treatment plant pursuant to the provisions of Title 25, Chapter 6, of the 1950 Code of Virginia, as amended. BE IT FURTHER ORDAINED that such payments are to be paid by the City Aud- itor upon submission of claims certified by the City's. relocation agent upon forms approved by the City Attorney and the City Manager. BE IT FURTHER ORDAINED that there is expressly authorized to be paid the claim of Viola R. Anderson, in an amount not to exceed $2,500.00 upon proper re- lease being given the City by such owner in the premises. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in effect from and after its passage. ATTEST: Deputy APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1973. No. 21215. A RESOLUTION urging support, by the U. S. Senators and the 6th District Representative of Virginia in the Congress of the United States, of pendin9 legis- lation which would provide for full Federal funding of relocation payments to per- sons and businesses displaced by public action under Urban Renewal Programs. BE IT RESOLVED by the Council of the City of Roanoke that each of the U. S. Senators and the Representative from the 6th District of Virginia be, and they are hereby most strongly urged to support with all diligence and effort those provisions of House Bill HR-5020, a bill to amend the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, to provide for full Federal funding of relocation payments to persons and businesses displaced by public action under Urban Renewal Programs, and to support and see to the enactment of the afore-~ said provisions in said bill. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit attest- ed copies of this resolution to Senator Harry F. Byrd, Jr., to Senator William Scott and to Representative M. Caldwell Butler, in Washin§ton, D. C. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, I973. No. 21216. A RESOLUTION expressin9 the willinqness of the Council of the City of Roanoke to make available to the other parties to the Roanoke Valley Corrections Center Aqreement dated February 12, 1973, jail facilities to be constructed on a certain site in the City of Roanoke. WHEREAS, the City of Roanoke, the City of Salem, Roanoke County, Crai9 County and the Town of Vinton, recoqnizin9 in the Roanoke Valley area the need of all said political subdivisions for new and improved jail and corrections facili- ties, entered into an aqreement dated February 12, 1973, for the purpose of pro- vidinq new joint-use corrections facilities for the use of parties to said aqree- ment or of such of said parties who mioht desire to participate in the use of the same; and WHEREAS, the Board established by said aqreement not havin9 been able to propose a site for such facilities aqreeable to all said contractinq parties, the Council of the City of Roanoke, by Ordinance No. 21166, adopted October 15, 1973, directed that the City acquire a specific site in the City of Roanoke, located on Campbell Avenue and on Church Avenue, S. W., and adjoinin§ other property of the City and containin9 approximately 3.2 acres, thouqht sufficient in size and from standpoint of location for joint-use jail facilities; and WHEREAS, the City is desirous of offerin9 the use of the facilities to be constructed on said new site and on adjoinin9 property of the City to the other parties to the aforesaid aoreement, on a per diem charqe basis, providin9 such use be desired by all or any such parties, and they, or any of them, so advise the City of their desire by December 1, 1973. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council, intendinq to construct new jail facilities on the site directed to be acquired by Ordinance No. 21166 and on adjoinin9 public property, doth hereby express its willinqness and doth offer to make the jail facilities to be construct- ed on said site available, after construction, to the City of Salem, the Town of Vinton, the County of Roanoke and the County of Crai9 upon a per diem charqe basis, 50% providing the same be desired by the aforesaid parties, or any of them, and they so[ advise the Council of the City of Roanoke by December 1, 1973. 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. ATTEST: Deputy City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1973. No. 21217. A RESOLUTION approving provision of a 900-foot extension to Runway 23 at the Roanoke Municipal Airport and directing that preliminary actions be taken to initiate and implement such project. WHEREAS, the Council's Airport Advisory Commission, reporting to the Court cil under date of October 30, 1973, at the Council meeting held on November 5, 1973~ has recommended that the Council approve and take steps to provide for a 900-foot 1 extension, to the east, of Runway 23 at the Roanoke Municipal Airport, as a Federa Aid project, which improvement, provided in accordance with and as proposed by the Airport Master Plan, heretofore approved by the Council, will involve the acquisi- along said road, and will require, also, the conduct of an environmental study and of public hearings thereon; and tion of additional land and the relocation of a part of existing State Route 118 and the relocation and adjustment of existing public utility facilities now locatedl impact WHEREAS, the Council, considering its Committee's report and recommenda- tions, deems it necessary for the proper development of the City's Municipal Airpor that the aforesaid runway be extended for a full 900 additional feet, with provisio made for sufficient clear zone area adjacent to the extended runway. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council approves the City's extension of Runway 23 at its Municipal Airport for a full 900 additional feet in an easterly direction from said runway's present end and in general accordance with the plans therefor as shown on the City's Airport Master Plan; and doth authorize and direct that the proper City officials take appropriate and necessary steps to cause such improvement to be initiated as a Federal Aid project and, further, to develop the necessary engineering and environ- mental impact studies, plans and specifications for or concerning said project, re- porting to the Council as and when further authorization of the Council is needed or required to implement the aforesaid airport improvement. BE IT FURTHER RESOLVED that the City Manager be and he is hereby autho- rized to transmit attested copies of this resolution to such other public agencies as may be concerned in the matter. Deputy City Clerk APPROVED Mayor