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HomeMy WebLinkAbout18915-10/13/69 - 19379-10/26/70IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1969. No. 18915. A RESOLUTION approving the City Manager's application to the Department of Housing and Urban DeveloPment for recertification of the City's Workable Program for Community Improvement to be made under date of October 13, 1969. WHEREAS, the City Manager has reviewed the last year's progress under the City's Workable Program for Community Improvement and has caused to be compiled and submitted to the Council a report in the matter and an application proposed to be made to the Department of Housing and Urban Development for recertification of the City's s'aid Workable Program; and WHEREAS, upon consideration and study of said report and proposed applica- tion, the Council concurs in all of the same. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the application of the City of Roanoke to the Department of Housing and Urban Development made under date of October 13, 1969, by the City Manager, for recertification of the City's Workable Program for Community Development, a copy of which is on file in the Office of the City Clerk, be, and the same is hereby APPROVED: and that copies thereof be submitted by said City Manager to the Department of Housing and Urban Development. ATTE ST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1969. No. 18916. AN ORDINANCE authorizing the purchase of a new fire truck upon certain terms and provisions, by accepting the bid made to the City by Oren-Roanoke Corpora- tion, Vinton, Virginia, rejecting other bids made for the supply of same; and pro- viding for an emergency. ': ..~ WHEREAS, on September 30, 1969, and after due and proper advertisement had been made therefor, three (3) bids for the supply to the City of the new fire truck 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 recommenda- tion to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report has trans- mitted the same to the Council, recommending award of the contract as hereinafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said fire truck, and that funds sufficient to pay for the purchase price of said truck have heretofore been appropriated for the purpose; and WHEREAS, for the usual daily operation of the municipai 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 Oren-Roanoke Corporation, Vinton, Virginia, to supply the City, in full accordance with the City's specifications made therefor and with said bidder's proposal, one new five-man forward, 1000 gallons per minute pumping fire truck with Waterous Model CM-iO00 pump, on an International C0-8190 Model chassis, for the total price of $26,589.13, delivered f.o.b. Roanoke, Virginia, be, and hereby is ACCEPTED; and the City Purchasing Agent is hereby authorized 8nd directed, for and on behalf of the City, to issue the requisite purchase order for the said fire truck to the successful bidder, 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 fur- nishing th'e aforesaid fire truck 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI/~, The 13th day of October, 1969. No. 18917. AN ORDINANCE authorizing the purchase of a new fork-lift truck for use by the City's Water Department upon certain .terms and provisions, by accepting the bid made to the City by Material Handling Industries, Inc., of Roanoke, Virginia; re- ecting certain, other bids; and providing for an emergency. WHEREAS, on September 9, 1969, and after due and proper advertisement had een made therefor, four (4) bids for the supply to the City of a fork-lift truck hereinafter mentioned were opened in the office of the City's Purchasing Agent by 3 three members of a committee appointed for the purpose, and thereafter were tabuiated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report, has trans- mitted the same to the Council, recommending award of the contract as hereinafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said fork-lift truck, and that funds sufficient to pay for the purchase price of said truck 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 Material Handling Industrie~ Inc., of Roanoke, Virginia, to supply the City, in full accordance with the City's specifications made therefor and with said bidder' proposal, and written addendum thereto which is on file in the Office of the City Clerk, one new fork-lift truck equipped with penumatic tires, designated as Yale Model G51P-O4ONFS, for the total price of $6,797.00, less a trade in allowance of $200.00 for one used Clark Model fork-lift truck, Serial No. U.T. 44725 for a net price of $6,597.00, delivered f.o.b. Roanoke, Virginia, be, and hereby is ACCEPTED; and the City Purchasing Agent is hereby authorized and directed, for and on behalf of the City, to issue the requisite purchase order for the new fork-lift truck to the successful bidder, 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 fur- nishing the new fork-lift truck be, and said other bids are hereby REJECTED, the City Clerk to so notify said other bidders and to express the City's appreciation for said bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1969. No. 18918. 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, will expire on October 20, 1969; 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 appointments, be made for terms of four (4) years on such board THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Benton O. Dillard and Edward C. Sanders be, and are appointed 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, 1969, and expiring October 20, 1973, to fill vacancies created by the expiration of the term of office of two (2) members on said board occurring on October 20, 1969. APPROVED ATTEST: ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1969. No. 18920. AN ORDINANCE to amend and reordain Section ~32, "Other Health Agencies," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~32, "Other Health Agencies," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: OTHER HEALTH AGENCIES ~32 32 C Roanoke Valley Mental Health-Mental Retardation Services Board (1) ... $ 7,000.00 (1) Net increase $7,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1969. No. 18921. A RESOLUTION approving certain by-laws established by the Roanoke Valley Mental Health Services Board. WHEREAS, the Roanoke Valley Mental Health Services Board, heretofore create~ in accordance with the general law, having established certain by-laws for its pro- cedure and operation, has requested that this Council review and express approval of said by-laws and the Council, after study of the same, desires to concur in the re- quest of said Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that ~is Council doth hereby APPROVE the form and content of those certain by-laws heretofore established by the Roanoke Valley Health Services Board, a copy of which by-laws has been submitted for review and which is on file in the Office of the City Clerk; and the City Clerk is hereby directed to transmit an attested copy of this resolution to Mr. R. Franklin Hough, Jr., Chairman of said Board. APPROVED ATTE ST: -C~ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1969. No. 18922. A RESOLUTION endorsing a proposal to utilize Roanoke area medical facilitie for the clinical experience of third and fourth year medical students; and recommend: continuance of the Governor's Study Commission, created pursuant to Chapter 547 of th, 1968 Acts of Assembly of Virginia. WHEREAS, a Commission created by the General Assembly of Virginia to study the advisability and feasibility of utilizing the medical facilities, resources and professional personnel of Roanoke and other communities in the western part of the State as an affiliated operation of the University of Virginia, directed toward participation in the education of medical students in their clinical years, post graduate residency training and continuing education, as well as training in the allied health professions has had brought to its attention by members of the Roanoke Academy of Medicine and by the Roanoke Valley Regional Health Services Planning Coun- cil this City's unusually fine resources of hospitals and professionally qualified physicians which, together, would lend themselves admirably to a program directed towards the clinical education of medical students and post graduate medical training and continuing education; and ng 6 WHEREAS, it would appear that, while the efforts of the aforesaid Commis- sion in discharging its duties and fun:ctions have been outstanding, more study will need to be made in order to work out difficult logistical problems attendant upon the proposal. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council heartily commends the members of the Governor's Study Commission created by Chapter 547 of the 1968 Acts of Assembly of Virginia for the efforts and studies made by said Commission during the past year; and that this Council highly endorses the proposal made to the Commission that a plan be formulated and implemented which woul utilize the medical facilities existing in the City of Roanoke, including its fine hospitals and reservoir of professionally qualified physicians in the clinical training of third and fourth year medical students in the University of Virginia, and in post graduate medical training and continuing education. BE IT FURTHER RESOLVED that this Council recommends to the Governor of Virginia and to the 1970 General Assembly of Virginia that the Study Commission created by Chapter 547 of the 1968 Acts of said Assembly be continued for at least an additional two years, with adequate funding to permit of the development of de- tailed plans based upon the aforesaid proposal, and of early implementation of such plan. BE IT FURTHER RESOLVED that the City Clerk do transmit attested copies hereof to the Honorable Mills E. Godwin, Jr., Governor of Virginia, and to the representatives of the City of Roanoke at the 1970 Session of the General Assembly of Virginia. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1969. No. 18923. A RESOLUTION proposing the Council's adoption of a certain ordinance to amend and reordain the City's air pollution control regulations and requirements as contained in Chapter 5, Air Pollution Control, Title 15, of the Code of the City of Roanoke, 1956, as amended; and requesting the prior approval of the State Air Pollution Control Board of the provisions contained in said ordinance. WHEREAS, a committee appointed by the Council to review and make recommen- dation to the Council, regarding proposed amendments of the City's regulations for air pollution control as contained in Chapter 5, Air Pollution Control, Title 15, of the Code of the City of Roanoke, 1956, as amended, has recommended to the Council th 7 adoption of an ordinance amending and reordaining Chapter 5, aforesaid, in its entire the regulations to be contained in said ordinance bdng' attached to the report of said committee dated April 28, 1969, on file in the office of the City Clerk; and WHEREAS, ~ 10-17.30 of the 1950 Code of Virginia, as amended, provides that the governing body of any locality proposing to adopt amendments to an existing ordinance relating to air pollution shall first obtain the approval of the State Air Pollution Control Board as to the provisions of such amendments; and WHEREAS, this Council, proposing to ad~pt an ordinance amending Chapter 5, iix Pollution Control, Title 15, of the Code of the City of Roanoke, 1956, as amended as recommended by the aforesaid committee, desires to first obtain the approval of said State Board as provided by law. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby request the State Board of Air Pollution Control to approve, as provided in ~ 10-17,30 of the Code of Virginia, 1950, as amended, the regulations and provisions contained in the Proposed Air Pollution Control Ordinance recommended to the Council by a committee thereof in report made April 28, 1969, with two (2) change thereto made and initialled by the City Attorney, and, for the purpose of requesting such approval, the City Clerk is directed to transmit forthwith to State Board of Air Pollution Control a copy.of the aforesaid Prop~sed Air Pollution Control Ordinance. ATTE ST: CZity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 1969. No. 18919. AN ORDINANCE providing for the 9rant and conveyance to the County of Roanok, of a certain easement for the construction and operation of a portion of a public sanitary sewer line within the City; and waiving, to the extent herein provided, a stipulation contained in the contract between the City of Roanoke and the County of Roanoke made under date of September 28, 1954. WHEREAS, the Board of Supervisors of Roanoke County did heretofore, by resolution adopted May 14, 1969, request the City to grant to said County the easemen~ hereinafter described and to waive a certain contractual stipulation heretofore entered into between said parties, with respect to a certain sewer line proposed to be installed in said easement area and in adjacent portions of the City; and WHEREAS, a committee of the Council considering the requests has recommende that the same be granted. 8 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the requests of the County of Roanoke contained in a certain resolution of the Board of Supervisors of Roanoke County adopted May 14, 1969, and addressed to this Council be, and the same is he<reby APPROVED; and the Mayor is hereby authorized and empowered to execute on behalf of the City to the County of Roanoke a good and sufficient deed of easement granting to said County, its successors and assigns an easement for a twenty- foot wide sanitary sewer right-of-way through, under and across that certain City- owned property located in the northeast quadrant of the intersection of Routes 460 (Melrose Avenue, N. W.) and Route 117 (Peters' Creek Road), for the construction, operation and maintenance in said right-of-way of a portion of a certain twenty-four inch relief sanitary sewer interceptor line, and to grant permission, also, for the construction of said sewer line under the Peters Creek - Melrose Avenue bridge and for a crossing of Peters Creek Road with said sewer line, from east to west, all in accordance with certain plans and profiles numbered 68-1 referred, to in said resolu- tion, a copy of all of which is on file in the office of the City Clerk, such deed of easement to be prepared by and at the expense of said County and to be in such form as is approved by the City Attorney; and that the City Clerk be and is likewise authorized and directed to affix to such deed of easement the City's seal, and to attest the same. BE IT FURTHEK ORDAINED' that the City of Roanoke, to the extent, only, of the sanitary sewer line herein authorized to be constructed, doth hereby waive that certain stipulation of the contract in writing heretofore entered into between said City and County under date of September 28, 1954, relating to the City's transmission and treatment of certain of the County's wastes, relative to said County's installa- tion of sewer lines within the City of Roanoke, which stipulation would, except for this express waiver, cause and require the title to the within desc:ribed sewer line to be conveyed by said County to said City. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF .ROANOKE, VIRGINIA, The 20th day of October, 1969. No. 18924. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improvement Fund," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 9 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~89, "T~ransfers to Capital Improvement Fund," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to ~read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENT FUND Capital Improvement Projects (1) (2) (3) .... $2,138,838.49 (1) Net increase $76,068,00 (2) Net decrease Fleming High 3,500.00 Monterey Elementary--- 15,000.00 Hurt Park Elementary-- 8,500.00 Westside Element a:ry--- 1,000.00 Booker T. Washington Junior High 8,000.00 Brecki nridge Junior High 2,500.00 (3) Jefferson Senior High School Gymnasium $1 14,568. O0 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Ci'ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 1969. No. 18925. AN ORDINANCE to amend and reordain Section =BO, "Libraries," of the 1969-7, Appropriation-Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFOI~, BE IT ORDAINED by the Council of the City of Roanoke that Section =BO, "Libraries," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIBRARIES ~80 Personal Services (1) .................... $255,224.00 (1) Delete One Library Assistant I, Range 9, Step 2, ($2,816.00) Decrease Extra Help, ($1,448.00) $4,264. O0 Add One Librarian I, Range 18, Step I, 6 months @ $526.00, ($3,156.00) Step 2, 2 months ~. $554.00, ($1,108.00) $4,264. O0 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED l0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of O0tober, 1969. No, 18926. A RESOLUTION defining the work "employees"~, as used in paragraph 16.(a) of the Consolidatiom Agreement ea~ered into between 'the Board of Supervisors of Roanoke County, the Council of the Town of Vinton and the Council of the City of Roanoke on August 27,, 1969. WHEREAS, paragraph 16.(a) of the ~onsolidation Agreement entered into betwe this body and the gove~rning bodies of the COunty of Roanoke and of the Town of Vinton on August 27,. 1969, contains provision that, the Consolidated City will adhere to the principle that all employees of the Cou~ty,.Town and City and the Roanoke County Public Service Authority, if purchased or acquired by the Consolidated City, who are such employees on the effective date of consolidation,, will be retained and will be compensated at a rate of pay no lower than they received on such date, and that they will occupy positions comparable to those occupied immediately prior to the date of consolidation; and WHEREAS, said governing bodies are advised that question has been asked as to the meaning of the word "employees",. as set out in said paragraph; and WHEREAS, it is the desire of this Council to clarify and record its intent in entering into the stipulation and agreement with said other governing bodies with respect to the principle of re~aining for the Consolidated. City the. experience, skills and services of those persons employed, in public service on the effective date of the consolidation provided for in said Agreement. THEREFORE,~ BE IT RESOLVED by ~he Council of the City of Roanoke that the word "employee"~ as .used in. paragraph 16.(a) of the Consolidation Agreement entered into between the governing bodies of the County of Roanoke, the Town of Vinton and the City of Roanoke under date of August 27, 1969, to be submitted, for approval on November 4, 1969, by the qualified voters of said County, Town and City, was used in its broadest sense and intended by said governing bodies to incl.~de the deputies and employees of the constitutional office holders and judges of each said gogernmental subdivision and to include the ,teachers ,. employees and administrati.ve officials of the School Boards of each such governmental aubdivision, as well as all other emplo- yees and officers of said. County,. To~. a~d. City. and of. the Roanoke County Public Service Authority, BE IT FURTHER RESOLVED that the Clerk do forthwith transmit an attested copy hereof to the Chairman of the Board of Supervisors of Roanoke County, to the Mayor of the Town of Vinton, and to the co-chairmen of said governing bodies' steeri committee. A p P 1~' 0 V E D ATTEST: Mayor li IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1969. No. 18929. AN ORDINANCE providing for the supply to the City of its annual requirement of No. i fuel oil and No. 2 fuel oil, accepting certain proposals made therefor; rejecting certain other bids made to the City for furnishing said fueld oil requirements; and providing for an emergency. WHEREAS, on October 21, 1969, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the materials herein- after 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 r~ort has trans- mitted the same to the Council, recommending award of the contract as hereinafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said materials and that funds sufficient to pay for the purchase price of said materials have been appropriated; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows (a) That the proposal of Whiting Oil Company to furnish and deliver to the City its annual requirements of No. 1 fuel oil for the period beginnin9 November 1, 1969, and ending October 31,~ 1970, in full accordance with the City's specifications and requirements made therefor and with said bidder's written proposa made to the City, for the following price, namely: For No. 1 fuel oil: Tank wagon prices ....... $ .1760 per gal. Less discount ......... $. .0439 per gal. Net price to the City ..... $ .1321 per gal. (b) That the proposal of BP Oil Corporation to furnish and deliver to the City its annual requirements of No. 2 fuel oil for the period beginning November 1, 1969, and ending October 31, 1970, in full accordance with the City's specifications and requirements made therefor and with said bidder's written porposal made to the City, for the followin9 price, namely: For No. 2 fuel oil: Tank wagon price ....... $ Less discount ........ ~ Net price to the City .... $ .1610 per gal. .0428 per gal. .1182 per gal. the aforesaid prices being based on the current "Posted Consumer Tank Wagon Prices" at Roanoke, Virginia, to be adjusted to any increase or decrease of the "Posted Consumer Tank Wagon Prices" in effect at Roanoke, Virginia, on day of delivery, but the aforesaid discounts to remain unchanged throughout the contract be, and said proposals are hereby ACCEPTED: and the City Purchasing Agent be, and he is hereby authorized and directed, for and on behalf of the City, to enter into re- quisite contracts with or issue appropriate purchase orders to said companies in accordance herewith and subject to the abovementioned spedfications and requirements BE IT FURTHER ORDAINED that the proposals of the other bidders for the supply of the aforesaid fuel oil requirements be, and-said other proposals are here b-y REJECTED: and the City Clerk shall so notify each said other bidder and shall express to each the City's appreciation for the submission of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Ma~or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1969. No. 18930. AN ORDINANCE providing for the purchase of three (3) new front-mounted leaf loaders, upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said equipment; rejecting a certain other bid made to the City; and providing for an emergency. WHEREAS, on October 21, 1969, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the equipment hereinafter mentioned were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's r~ort has transmitt, the same to the Council, recommending award of the contract as hereinafter provided; and the Council, considering all of the same, has determined that the bid hereinafte accepted is not the lowest, but is the best bid, considering the urgent med for an early delivery and installation date, 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 emergen is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Sanco Corporation, of Winston-Salem, North Carolina, offering to furnish, sell and deliver to the City three (3) new leaf loaders, and to mount same on the front Y 13 ends of surplus refuse trucks owned by the City, such installation to be at bidder's plant and to be accomplished within twenty (20) days after the furnishin9 of said trucks at said bidder's plant, in full accordance with the City's specifications made for said apparatus, and with said bidder's proposal, for a total purchase pric~ of $7,005.00, be, and said proposal is hereby ACCEPTED; and the City's Purchasin9 Agent is hereby authorized and directed to issue to the successful bids the City's purchase order for the aforesaid equipment, in¢orporatin9 into said purchase order the City's aforesaid specifications, said bidder's proposal, guaran- tees and warranties, and th~ provisions of this ordinance; and upon delivery to the City and said City's acceptance of said equipment, the proper City officials shall be, and are hereby authorized to make payment to said supplier of the sum of $7,005. BE IT FURTHER ORDAINED that the other bid made to the City for the supply and delivery of other similar equipment be, and said bid is hereby REJECTED: and the City Clerk shall so notify said other bidder and, in so doing, express the City's appreciation of said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1969. No. 18931. A RESOLUTION authorizing and directing that application be made by the City for certain grants of Federal Funds under the Omnibus Crime Control and Safe Streets Act of 1960. WHEREAS, the Congress has provided in the Omnibus Crime Control and Safe Streets Act of 1968 for the grant to localities of Federal funds to be used, together with local funds, for the implementation and upgrading of local law enforce- ment agencies and facilities; and as a result of studies made of the need therefor, the City Manager has recommended that the City of Roanoke make application for certain of such funds to assist the City in the provision of a police manual as a handbook for law enforcement officials and for purposes of instruction for supervisol personnel and provision of a recruit school for the training of law enforcement personnel, in all of which the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Julian F. Hirst, City Manager of the City of Roanoke, be, and is hereby authorized, empowered and directed, for and on behalf of the City, to make application to the e United States of America through the Commonwealth of Virginia, Law Enforcement Administration, for grant to the City of Federal funds under the provisions of the Omnibus Crime Control and Safe Streets Act of 1968, for the following purposes and for the following amounts, namely; (a) For the preparation of a police manual as a handbook for the City's law enforcement officials .............. $ 1,695.00; (b) For instruction for supervisory personnel and provision of a recruit school for the training of law enforcement personnel of the City ......................... $54,850.00; and said City Manager, in making application for the aforesaid grants of Federal funds shall be, and he is hereby authorized and empowered to extend and to make the following assurances and representations on behalf of the City; namely: (1) Any such grant shall be subject to and be administered in conformity with General Conditions of Action Grant (LEA-6) and Guidelines for Action Grant Fiscal Control (LEA-7); (2) That the City will make available and expend as its share 40% of the total program cost during the grant period; (3) That funds so awarded will be used only for the purposes and activities set forth in the City's application plan and budget, or in any approved amendments thereto; and (4) That not more than 1/3 of the gross amount of any such grant will be ex- Pended for compensation of personnel, esclusive of compensation for time spent in conducting or undergoing training programs. BE IT F[ttlTHER RESOLVED that the City Clerk do attest and provide to the City Manager such copies of this resolution as may be required to accompany the City's aforesaid applications. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1969. No. 18932. AN ORDINANCE, providing for the construction of 'McNeil Drive, S. W., north- westerly from Colonial Avenue, S. W., to property presently under lease to Blue Ridge ETV Association by the award of a contract therefor, upon certain terms and conditions; rejecting certain other bids; and providing for an emergency. WHEREAS, at the meeting of the Council held on October 20, 1969, and after due and proper advertisement therefor, three (3) bids for the construction of the public improvements hereinafter mentioned were received and were openai and read 15 before the Council and were thereafter referred to a committee for the purpose of tabulating and studying the same and of making a report and recommendation thereon to the Council; and WttEilEAS, said committee has made its report to the Council in writing from which it appears that the bid hereinafter accepted is the lowest and best bid re- ceived by the City for the performance of the work, that said bid is in proper form and meets the City's specifications required of all bidders and is recommended by the committee to be accepted; and WHEREAS, there has been, or is being, appropriated by the Council a sum sufficient to pay the cost of the contract herein authorized to be made by the City and, for the usual daily operation of the municipal government, an emergency is here by set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Adams Construction Company to furnish all tools, labor and materials necessar to construct McNeil Drive, S. W., northwesterly from Colonial Avenue, S. W., to property presently under lease to Blue Ridge ETV Association, in full accordance with the base bid and Alternate No. I of the City's specificications made and ad- vertised therefor and bid on by said contractor for a contract price of $25,184.70, based on the unit prices on which said bid was made, be, and said bid is hereby ACCEPTED; and the City Manager and the City Clerk are hereby authorized and directed for and on behalf of the City to execute and to seal and attest, respectively, a requisite contract with said bidder upon approval of the City Attorney of the form and provisions thereof. BE IT FURTHER ORDAINED that the two (2) other bids received by the City for the performance of the aforesaid work be, and said other bids are hereby REJECTE the City Clerk to so notify each said other bidders and to express to each one the City's appreciation for said bids. BE IT FURTHER ORDAINEO that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1969. No. 18933. AN ORDINANCE to amend and reordain Sect~n =89, "Transfers to Capital Improvement Fund," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 Improvement Fund," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and 'reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENT FUND Capital Improvement Projects (1) ...... $2,139,038.49 (1) McNeil Drive- Net increase--- $200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1969. No. 18934. A RESOLUTION :relating to the City's need for refuse disposal facilities; providing for withdrawal of its application for special permit for use of a site on Brushy Mountain, in Roanoke County; directing negotiations to be conducted with Roanoke County for possible use of said County's Dixie Caverns landfill site, or of other locations; directing the preparations of plans and proposald for construction of a refuse transfer station or stations; and authorizing negotiations for the City's purchase of a temporary landfill site in the City. WHEREAS, the Council received at i~s. October 13, 1969, meeting a p'roposal made by the RoanoMe Valley Information Committee on Consolidation in form of resolu- tion that the governing bodies of Roanoke County, the Town of Vinton and the City of Roanoke "declare a moratorium on the question of a new landfill site in Roanoke County for use by Roanoke City", such to become "effective and remain in effect until such time as the New City would be formed, assuming favorable votes in the referendum. to be held November 4, 1969, and that, if the referendums are unfavorable and. the New City shall not become effective as proposed, then said moratorium would automatically come to an end upon that determination"; which proposal was duly referred to a committee of the Council for consideration and recommendation to the Council; and WHEREAS, the Council's committee has, in a comprehensive report to the Council, made in writing at its meeting on October 20th, empha~.ized the City's immediate need for additional sanitary landfill facilities and the need of the City and of its neighborning communities for more permanent, long-range plans and provi- sions for proper and economical disposal of refuse and wastes, but has, nevertheless, 17 recommended to the Council that the proposal of the Roanoke Valley Information Committee on Consolidation be adopted and be further implemented by other action recommended to be taken by the City, in all of which report the Council fully concur THEgEFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows (1) That the City be committed to withdraw from further consideration by the Board of Supervisors of Roanoke County the City's application to said Board of Supervisors, made under date of October 16, 1968, for issuance of a Special Use Permit (Conditional) authorizin9 and permittin9 said City's use of a certain 280- acre parcel of its land on Brushy Mountain, in Roanoke County, as and for a regional sanitary landfill area, should a certain referendum on the question of the consolidation of the County of Roanoke, the Town of Vinton and the City of Roanoke be approved and carried by the qualified voters of each said community at an electio to be held on the question on November 4, 1969; and, upon such approval of said voters being given to the proposal of consolidation, to defer for decision of the Council of the Consolidated City the matter of the location of a sanitary landfill area in order to allow the new and larger City and its Council to evaluate the over-all factors related to such facility, includin9 those of operational costs; (2) That the Council's committee on refuse disposal and the City Manager be, and are hereby authorized to continue discussions and negotiations with repre- sentatives of Roanoke County relative to the feasibility of joint use by the City of said County's Dixie Caverns landfill area, or of other more suitable areas which may be available for the pa~pose; (3) That the City Manager be, and is hereby authorized and directed to proceed with the preparation of plans and to obtain and report to the Council pro- posals for conversion of the site of the City's former Municipal Incinerator into a transfer station for the purpose of collecting, compacting and transloadin9 into larger vehicles refuse for delivery to an established sanitary landfill area, so as to accomplish economies in the cost of all such transportation; and (4) That the City Manager be, and is hereby directed to negotiate with the Norfolk ~. Western Railway Company for the City's purchase of a certain 19-acre area of land situate in the City on the east side of Tinker Creek, and presently used by the City on short-term lease from said owner, to meet the immediate require- ments for public landfill purposes. BE IT FURTHER RESOLVED BY THE COUNCIL that the City Clerk forthwith trans- mit attested copies of this resolution to the Chairman of the Board of Supervisors of Roanoke County, to the Mayor of the Town of Vinton and to the Co-Chairmen of the Roanoke Valley Information Committee on Consolidation. APPROVED ATTEST: C/ity/Clerk Mayor 18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1969. No. 18935. AN ORDINANCE authorizing employment of engineering services to provide for a study of the chemical quality of water treated at the Carvins Cove Filter Plant, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council that the engineer~ g services of Alvord, Burdick & Howson, Engineers, be retained to conduct a study of chemical quality of water being treated at the City's Carvins Cove Filter Plant, and has exhibited to the Council a form of contract proposed to be ~tered into between the City and said Engineers, the general terms of which are as hereinafter provided, funds sufficient to pay for the cost of the studies set out in said contract having been appropriated by the Council to the City's Water Department; and WHEREAS, for the usual daily operation of the City's Water Department, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to engage the services of Alvord, Burdick C~ Howson, Engineers, to perform for the City a study and to make recommendations relative to changes needed to be made in the chemical treatment of water at the City's Carvins Cove Filter Plant, the initial phase of such study and report to be made, conducted and performed during the fall or early winter months of 1969, for a fee of $1,000.00, plus actual out-of-pocket expenses for necessary trave and subsistence, but not to exceed an additional sum of $750.00; and the secondary phase of such study and report, if ordered by the City, to be made, conducted and pe formed during the spring and early summer months of 1970, for an additional fee of $1,000. O0, plus actual out-of-pocket expenses for necessary travel and subsistence, but not to exceed an additional sum of $750.00, such services to be engaged upon a form of contract approved by the City Attorney. BE IT FURTHER O[IDAINEO that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1969. No. 18936. A RESOLUTION relating to M. Carl Andrews, a citizen of the City of Roanoke WHEW_AS, the Council is informed of the intention of M. Carl Andrews to reti from his position as the editor of "The Roanoke World-News", one of the City's daily newspapers and of which he has been editor for some twenty-three years; and WHEREAS, the Council considers it appropriate and in order to recognize the occasion of the retirement from the d~ly business life of the City of one who ha devoted so much of his time, as editor of said newspaper, towards keeping the public informed of affairs of the City, not only by report and editorial comment in said newspaper, but by weekly radio report entitled "Across the Editor's Desk"; and WHEREAS, in addition to attending to his busy business career, he has devoted large quantities of time and effort in public service to his community, having served on important committees of the Council concerned with public schools improvements, provision of a public auditorium the development of Mill Mountain Park, and other important matters, and was an individual largely responsible for recognition of the City as the "All American City in 1952", THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this body congratulates M. Carl Andrews upon a long and successful career as a newspaper journalist and as editor of "The Roanoke World-News", and wishes for him a long and happy retirement and continued activity in the public life and affairs of the City. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy of this resolution. ATTEST: ~City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1969. No. 18927. AN ORDINANCE permanently abandoning, vacating, discontinuin9 and closin9 a portion of Edgewood Street located in the southwest section of the City of Roanoke, Virginia, as shown on the Map of Virginia Heights Extension, a copy of which map may be found in the office of the City Engineer of the City of Roanoke, Virginia, and bein9 also shown on Sheet 151 of the Tax Appraisal Map of said City of Roanoke. WHEREAS, Frank P. Woodin§, Nancy B. Wooding, S. Lewis Lionberger and Frances J. Lionberger have heretofore filed a petition before City Council, in accordance with law, requestin9 Council to permanently abandon, vacate, discontinue and close that portion of Edgewood Street, S. W., lyin9 between the northerly right way of Berkley Avenue, S. W., and the southerly right of way of Roanoke Avenue, S. W and which said street is more particularly hereinafter described; and as to the fill of said petition, due notice was oiven to the public as reauired bv Section 'e f I9' 2O WHEREAS, in accordance with the prayer of said petition, Resolution No. 18815 was adopted by the said City Council on the 21.st day of July, 1969, pursuant to which viewers were appointed to view the said property and to report in writing what inconvenience, if any, would result from permanently abandoning, vacating, discontinu: and closing the said street hereinafter described; and further the said City Council referred the issues raised by said petitioners to the Planning Commission of the City of Roanoke for said Commission's study of said request and a report thereon; and WHEREAS, it appears from the report in writin9 filed by the viewers with the City Clerk, together with the affidavit of said viewers, on the 15th day of August, 1969, that no inconvenience would result, either to any individual or to the public, from the permanent abandonin9, vacatin9, discontinuin9 and closing of the said street hereinafter described, to which report no exceptions have been filed; and WHEREAS, the City Planning Commission by letter directed to the Mayor of th, City of Roanoke and the members of City Council, dated September 25, 1969, recommende, to City Council that the said street hereinafter described be abandoned, vacated, discontinued and closed subject to the right of the said City to retain all necessary easements to public utilities; ~d WHERE~S, a public hearing on the question was held before the Council on th 27th day of October, 1969, at which hearing all parties in interest and citizens were afforded a opportunity to be heard on the question of the proposed closin9 of the street; and WHEREAS, upon consideration of the matter, the Council is of the opinion th no inconvenience will result to any owner or to the public from the permanent abandon vacating, discontinuance and closing of the street hereinafter described and that the petitioners' application to permanently close the same should be 9ranted, said petiti having agreed to bear and defray the expenses incident to the closing of same. THEREFORE, BE IT ORDAINED' by the Council of the City of Roanoke, Virginia, that that part of Edgewood Street, S. W., in the City of Roanoke and described as follows: BEGINNING at the southeasterly corner of Lot 1, Block F, according to the Map of Virginia Heights Extension, said point being on the northerly right of way line of Berkley Avenue, S. W.; thence leaving the northerly right of way line of Berkley Avenue, S. W., and with the easterly line of the aforesaid Lot 1, Block F, in a northerly direction, a distance of 120 feet, more or less, said point being the northeasterly corner of the aforesaid Lot 1, Block F; thence continuing in a northerly direction 15 feet, more or less, crossing that certain alley which bisects Blocks C and F, according to the Map of Virginia Heights Extension, to a point bein9 the southeasterly corner of Lot 14, Block F, according to the Map of Virginia Heights Extension; thence continuin9 in a norhterly direction with the easterly line of the aforesaid Lot 14, 146.87 feet, more or less, to a point being the northeasterly corner of the aforesaid Lot 14, Block F, and said point being on the southerly right of way line of Roanoke Avenue, S. W.; thence continuing with the southerly right of way line of Roanoke Avenue, S. W., in an easterly direction, 40 feet, more or less, to a point which is the northwesterly corner of Lot 26, Block C, accordin9 to the Map of Virginia Heights Extension; thence leaving the southerly right of way line of Roanoke Avenue, S. W., and with the westerly line of Lot 26, Block C, in a southerly direction, 158.86 feet to a point, said point bein9 the southwesterly corner of the aforesaid Lot 26, Block C; thence continuing in a southerly direction, 15 feet, more or less, across the alley which bisects Blocks C and F, according to the Map of Virginia nq t lent, ,ners Heights Extension, to a point, bein9 the northwesterly corner of Lot 14, Block C, accordin9 to the Map of ¥irginia Heights Extension; thence continuing in a southerly direction with the westerly line of the aforesaid Lot 14, Block C, 120 feet, more or less, to a point being the southwesterly corner of the aforesaid Lot 14, Block C, and being on the northerly right of way line of Berkley Avenue, S. W.; thence with the northerly right of way line of Berkley Avenue, S. W., in a westerly direction, 40 feet, more or less, to the place of BEGINNING; and being all of that portion of Edgewood Street, S. W., lying between the northerly right of way of Berkley Avenue, S. W., and the southerly right of way of Roanoke Avenue, S. W. be, and the same hereby is, permanently abandoned, vacated, discontinued and closed the City of Roanoke, however, reserving unto itself an easement for any water, sewe or other public utility line or lines, if any, now existing therein and the right of ingress and egress for the maintenance and repair thereof. BE IT FURTHER ORDAINED that the City Engineer of the City of Roanoke be, and he hereby is, directed to mark "Permanently Abandoned, Vacated, Discontinued and Closed" the street hereinabove described on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, ¥irginia, on which said maps an( plats said street is shown, referring to the book and page of Ordinances and Resolu tions of Council wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of this Council deliver to the Cler of the Hustings Court for the City of Roanoke, Virginia, an attested copy of this Ordinance in order that the said Clerk may make proper notations on all maps or plats recorded in his said Office upon which are shown the said street herein permanently abandoned, vacated, discontinued and closed as provided by law, and may record same at the cost of petitioners, indexing the same in the name of the City of Roanoke as 9rantor and Frank P. Wooding and Nancy B. Wooding, S. Lewis Lionberge and Frances J. Lionberger and Bartlett Realty Company, Inc., as grantee. ATTE ST: /, City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIJ~, The 3rd day of November, 1969. No. 18937. AN ORDINANCE to amend and reordain Section ~21000, "Schools - Manpower Development and Trainin9 Act," of the 1969-70 Appropriation Ordinance, and providin, for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 22 THEREFORE, BE IT ORDAINED by the Comcil of the City of Roanoke that Sectio: ~210OO, "Schools - Manpower Development and Trainin9 Act," of the 1969-70 Appropriat Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - MANPOWER DEVELOPMENT AND TRAINING ACT ~21000 $25,617.92 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall in effect from its passage. ATTE ST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1969. No. 18938. AN ORDINANCE authorizing and providing for the payment of certain property damages claimed to have resulted from removal of a railroad siding on property known as Official No. 4021506, in connection with construction of the City's State Route No. 24 Project; and providin9 for an emergency. WHEREAS, in the course of the construction of a portion of the City's State Route 24 Project on 3rd Street, S. E., and, in particular, with the connection of 3rd Street, S. E., with Elm Avenue, S. E., a certain old and unused railroad sidi track located on the west side of 3rd Street on property owned by Joseph R. Najjum a others, described as Official No. 4021506 on the City's Tax Appraisal Map, was remov, or made unusable and ~he owners of said property, calling the City's attention to the matter, having made demand for payment of the value of said former railroad siding; WHEREAS, the Council provided, by Ordinance No. 18538, adopted January 27, 1969, for appraisal to be made of the value of the aforesaid railroad siding, now 'shown on the plans of said Project as "Parcel 106", report of which appraisal having recently been made to the City, on the basis of which this ordinance is adopted by ti Council; and WHEREAS, funds have been appropriated or are being made available in the City's account for the State Route 24 Project sufficient for payment of the sum here- inafter authorized to be paid; 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. on nd THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby authorized and directed, for and on behalf of the City, to offer to Joseph R. Najjum, Elizabeth M. Najjum and The First National Exchange Bank of Virginia, Trustee, or to such person or persons who are certified by the City Attorney to be the owners of the real estate and improvements situate on the northwest corner of 3rd Street, S. E., and Albemarle Avenue, S. E., identified as Official No. 4021506 on the City's Tax Appraisal Map, the full sum of $1,350.00, cash, in full payment and satisfaction of the damages claimed to have beer suffered by the owners of the aforesaid real estate by reason of the City's removal and said owners' loss of approximately 150 linear feet of railroad siding from the aforesaid property, such sum to be paid to the lawful owners of said property upon execution and delivery to the City of a proper release in writing from said property owners, approved as to form and sufficiency by the City Attorney and to be recorded in the Clerk's Office of the Hustings Court of said City. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1969. No. 18939. A RESOLUTION approvin9 the terms and conditions of an agreement relating t assessments made on certain properties in the City to pay a portion of the cost of t Jefferson Hills sanitary sewer proje~, and directing the execution of said agreement by the proper City officials. WHEREAS, the Council has heretofore directed the construction and installa- tion of sanitary sewer mains and lines in the Jefferson Hills area of the City, such public improvement project being intended to serve and to benefit properties abuttin thereon, and has, by ordinance duly adopted, fixed and determined certain estimated sewer assessments against those properties, including a certain tract or parcel of 1 containin9 42.88 acres belonging to E. F. and Mattie J. Jamison; and WHEREAS, the Council is advised that the major portion of said 42.gA-acre tract of land affected by the aforesaid project is subject to a long-term lease from said owners, the terms of which lease limit the use of such property to golf course purposes; only; and tnd 24 WHEREAS, notwithstanding the aforesaid assessments and the statutory autho vested in the City for levying such assessments against the Jamisons' properties, th, Council is cognizant of the present usage and development of the properties, to-wit: that said properties are presently undeveloped acreage and .subject to use only as a g course, and that neither said owners nor their lessees need or desire at the present time t'o connect to or use said system of sewer lines, although the same, when constructed, will be fully available for such use; and WHEREAS, a committee appointed by the Council has recommended that, in view of the aforesaid circumstances and in order to make provision whereby said owne not be penalized by requirement of payment of the sewer assessment made on said prop, at a time when, because of its present usage, said sewer line may not be used by the owners of said property, the City agree to temporarily defer payment of the aforesaid assessments and waive interest which would otherwise accrue thereon for the period of time that such improvements are not used in connection with the ownership or occupancy of such properties, but in no event to defer such payment or waive such interest beyond June 30, 1979; and WHEREAS, there has been exhibited to the Council by said committee a form of agreement proposed to be entered into between said owners and the City whereby such understanding and agreement might be formalized and recorded. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth APPROVE the terms, conditions and provisions of that certain agreement tendered to the City whereby, the City would agree, inter alia, to defer payment of (6) certain sewer assessments aggregating a total estimated sum of $21,762.25, tenta tively fixed and determined against certain property or properties of E. F. and Matt J. Jamison in the Jefferson Hills area of the City, aggregating, in all, 42.88 acres described, generally, as portions of Official No. 1490201 on the City's Tax Appraisal Map, for the proportionate cost to such properties of the construction of a certain sanitary sewer project to serve said properties and other properties, and would agree, further, to waive interest thereon until whichever of the following events first occurs: (a) the owner or occupant of any said property desires to connect to use the sanitary sewer line abutting such property for facilities other than those now in existence and used in connection with the golf course; (b) the expiration of of the aforesaid lease and renewals thereof; or (c) until the earlier termination of said lease; but in no event shall such payment or waiver of interest extend beyond June 30, I979. BE IT FURTHER RESOLVED that the City Manager and the City Clerk be, and ar hereby authorized and directed to execute and to'seal and attest, respectively, the aforesaid agreement which shall first be approved as to form by the City Attorney. APPROVED AT TE ST: ~~erk Mayor ty if 'ty X IN THE COUNCIL OF THE CITY OF ROANOKE, VI~{GINIA, The 10th day of November, 1969. No. 18940. AN ORDINANCE awardin9 a contract for cleaning, paintin9 and related minor repair work of the interior and exterior of a certain 150,000 9allon elevated water tank belongin9 to the City; and providin9 for an emerqency. WHEREAS, by report made by the City Manager the Council is advised that after due and proper advertisement therefor, four (4) bids for the cleaning, paintin and related minor repair work of the interior and exterior of the City's 150,000 9allon elevated water tank in the Hollins section of Roanoke County were opened and read on September 30, 1969, in the office of the City's Purchasin9 Agent, which bids were thereafter examined and tabulated by the committee receivin9 the same, and re- port thereof was made to the City Mana§er; and WHEREAS, the City Manager has reported to the Council that after study the same, it appears that the proposal of Charlotte Tank Linin9 Company, Inc., sents the lowest and best bid made to the City for the work needed to be done, and said City Manager has recommended that said bid be accepted; and WHEI~EAS, there has been appropriated by the Council a sum sufficient to pay the cost of the contract hereinafter authorized to be entered into, and for the usual daily operation of the municipal 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 that the bid of Charlotte Tank Linin9 Company, Inc., of Charlotte, North Carolina, for fur- nishin9 all labor, tools, equipment and materials necessary for cleanin9 and paintin. the interior and exterior of the City's 150,000 9allon elevated water tank near Hollins, in Roanoke County, for a lump sum of $4,210.00, plus $.45 per rivet head replaced, $2.75 per linear foot of welding, and $.40 per pit repaired by weldin9, found necessary in the course of cleanin9 and ordered performed by the City, as set out in the aforesaid City Manager's report, be, and snid bid is hereby ACCEPTED; and that the City Manager be, and he is hereby authorized and directed, for and on behal~ of the City, to execute a requisite contract with the aforesaid bidder in accordance with the terms and conditions of this ordinance, said bidder's porposal and the City specifications made for said work, said contract to be upon such form as is approved by the City Attorney, and the cost to be paid out of funds heretofore appropriated by the Council for the purpose. BE IT FURTHER OI~DAINED that the other three (3) bids received by the City for the performance of the aforesaid work be, and are hereby REJECTED; the City Clef] to so notify said other bidders, and to express to each the City's appreciation of receipt of their respective bids. BE IT FURTHER OgDAINED that, an emerqency existing, this ordinance be in full force and effect upon its passage. APPROVED of repre IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1969. No. 18942. A RESOLUTION tentatively approving a proposed two-year budget of the Roanok Valley Mental Health Services Board for its costs of Operations for the biennium com- mencing July 1, 1970. WHEREAS, the Roanoke Valley Mental Health Services Board submitted to the Council at its meeting on October 27, 1969, a budget for the 1970-72 biennium, pro- posed to be submitted to the Commonwealth's State Department of Mental Hygiene and Hospitals, which matter was submitted to a committee of the Council for consideration and recommendation; and WHEREAS, said committee has made its 'report to the Council under date of November 3, 1969, reflecting varying views and opinions of the members of said com- mittee, and from all of which it appears to the Council that the program proposed to be conducted by said Board has merit, is needed in the community, and should be sup- ported by local tax-supported sources to the extent that funds may be made available for the purpose. THEREFORE, BE IT RESOLVED by the Council of the City of I~oanoke that said Council doth t'entatively approve that certain proposed two-year budget of the Roanoke Valley Mental Health Services Board for the 1970-72 biennium, prepared by said Board for submittal to the State Board of Mental Hygiene and Hospitals of the Commonwealth of Virginia, a copy of which budget is on file in the office of the City Clerk; and said Council doth hereby indicate its present intent to support the program proposed to be conducted by said Roanoke Valley Mental Health Services Board by appropriating from local tax sources its proportionate share of the cost of implementing such pro- gram, such share being estimated and shown in said budget to amount to the sum of $26,679.38 for the year commencing July 1, 1970, and $25,762.40 for the year com- mencing July 1, 1971, if such funds be then available to the Council for the purpose, considering all of the other needs and requirements of the City. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit an atteste~ copy of this resolution to Mr. R. Franklin Hough, Jr., Chairman of said Roanoke Valle~ Mental Health Services Board. Attest: Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF MOANOKE, VIRGINIA, The 10th day of November, 1969. No. 18943. A RESOLUTION approving an amendment of Article XI of the by-laws establishe WHEREAS, the Council, by Resolution No. 18921, adopted October 13, 1969, approved the form and content of certain by-laws heretofore established by the Roano Valley Mental Health Services Board, as the same had been submitted to the Council for review; and WHEREAS, by communication dated September 16, 1969, addressed to the City Clerk, by said Roanoke Valley Mental Health Services Board,. the Council has been 'f~rther requested to approve an amendment of Article XI of said by-laws, as more particularly hereinafter set out, with which request the Council is of opinion to agree. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby approve amendment by the Roanoke Valley Mental Health Services Board of Article XI of the by-laws heretofore adopted for the Roanoke l/alley Mental Health Services Board, referred to in said by-laws as the Roanoke Valley Mental Health-Mental Retardation Services Board, so that said article read and provide as follows, viz: ARTICLE XI These By-Laws may be amended at any regular meeting of the Board by two-thirds vote of those present and voting, notice having been submitted in writing two weeks prior to the meeting, subject to the approval of the participating governing bodies. BE IT FURTHER RESOLVED that the said Clerk transmit an attested copy of this resolution to'Mr. R. Franklin Hough, Jr., Chairman~of said Board. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1969. No. 18944. AN ORDINANCE providing for the furnishing and installation of concession equipment in the Roanoke Civic Center by accepting the proposal of Eastern Sales and Equipment Service Corporation, upon certain terms and conditions; rejecting all othe bids made to the City; and providing for an emergency. WHEREAS, at the meeting of the Council held on October 20, 1969, and after proper advertisement had been made therefor, two (2) bids for the sale and delivery to the City and installation of certain concession equipment for use in the Roanoke Civic Center, hereinafter authorized to be purchased, were opened and read before th Council, whereupon all said bids were referred to a committee to be tabulated and studied, with report thereon to be made back to the Council; and WHEREAS, said committee has reported in writing to the Council its tabula- tion of said bids and has further reported that the equipment hereinafter authorized 28 to be purchased is the least expensive of such equipment which meets or exceeds all o the City's specifications made and r~quired for such equipment; and sufficient funds have been, or are being appropriated to provide for payment of the equipment herein- after authorized to be purchased; and WHEI~EAS, for the usual daily operation of the municipal government, an emergency is deemed to exist in order that this ordinance take effect upon its passag . THE~EFO.~iE, BE IT ORDAINED by the Council of the City of [loanoke that the bidl of Eastern Sales and Equipment Service Corporation to furnish, sell, deliver and in- stall in the Roanoke Civic Center certain concession equipment meeting or exceeding the City's specifications made for said equipment, for a total net purchase price of $66,034.00, cash, said total net purchase price including the base bid of $61,997.00, and Alternate No. 2 in the sum of $4,037.00, be, and said proposal is hereby ACCEPTED and the City Manager is hereby authorized and directed to enter into the requisite contract with the successful bidder for the aforesaid new equipment, said contract to be approved as to form by the City Attorney and to have incorporated therein the City's aforesaid specifications, said bidder's proposal, guarantees and warranties, and the provisions of this ordinance; and upon delivery to the City and said City's acceptance of' said new equipment, the proper City officials shall be, and are hereby authorized to make payment to said supplier the above net purchase price, not to exceed the sum of $66,034.00. BE IT FURTHER ORDAINED that the other bid made to the City for the supply and delivery of other similar equipment be, and said bid is hereby [IEJECTED; and the City Clerk shall so notify said other bidder and, in so doing, express the City's appreciation of said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: /) fl~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1969. No. 18945. "Tr AN ORDINANCE to amend and reordain Section =89, ansfers to Capital Im- )rovement Fund," of the 1969-70 Appropriation Ordinance, and providing for an emer- jency. WHEREAS, for the usual daily operation of the Municipal Government of the City of I~oanoke, an emergency is declared to exist. THEREFO.~E, BE IT ORDAINED by the Council of the City of Roanake that Sectio **89, "T~ansfers to Capital Improvement Fund, of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENT FUND ~89 Civic Center (1) .............................. $2,140,134.53 (1) Net increase $1,096.04 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF .ROANOKE, VIRGINIA, The 10th day of November, 1969. No. 18946. AN ORDINANCE providing for the purchase of four (4) new 16 cubic yard capacity refuse body assemblies upon certain terms and conditions; accepting a cer- tain bid made to the City for furnishing and delivering said equipment; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, on October 21, 1969, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the equipment herein- after mentioned were opened in the office of the City's Purchasing Agent by three me~- bets 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 pro vided; and the Council, considering all of the same, has determined that the bid hereinafter, while not the lowest bid, represents the best bid meeting all of the City's specifications made therefore, made to the City for the supply of said equip- ment, 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 emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Cary Hall Machinery Company, Inc., made to the City, offering to furnish and deliver to the City, f.o. b., Roanoke, Virginia, fou'r (4) new Pak-Mor Model RLA 1615 refuse body assemblies, with minimum capacity of 16 cubic yards, furnished and mounted on truck, chassis to be supplied by the City, in full accordance with the City's specifications and requirments made therefor and said bidder's proposal, for total purchase price of $19,725.00, cash, be, and said bid is hereby ACCEPTED; and 30 the City's Purchasing Agent, be, and he is hereby authorized and di'rected 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 pro- visions of this ordinance; the cost of said equipment, when delivered, to be paid for out of funds heretofore appropriated for the p~rpose; 2. That upon delivery to the City of all of the aforesaid equipment and upon the City's acceptance of the same, the City Auditor shall be, and he is hereby authorized and directed to make requisite payment to said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out; and 3. That all other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby [IEJECTED; the City Clerk to so notify all 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 be in full force and effect upon its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ItOANOgE, VIRGINIA, The 10th day of November, 1969. No. 18947. AN ORDINANCE providing for the purchase of one (1) new refuse compaction unit upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said equipment; rejecting another bid made to the City; anc providing for an emergency. WHEREAS, on October 28, 1969, and after due and proper advertisement had been made therefor, certain bids for the supply, to the City of the equipment herein- after 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, considering all of the. same, has determined that the bids hereinafter accepted are the lowest and best bids made to the City for the supply of said equipment,, and that funds sufficient to pay for the purchase price of said equip merit have been appropriated; and. WHEREAS, for the usual daily operation of the municpal government an emergency is declared to exist in order that this, ordinance take effect upon its pass age. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bi of The Sanco Corporation made to the City, offerin9 to furnish and deliver to the City, f-o.b., Roanoke, Virginia, one new Dempster Dumpmaster Model DP45-20DBA, refuse compaction unit, havin9 a capacity of 20 cubic yards, complete with front-end loader assembly and 1970 Ford Model C-950 cab and chassis, fully meetin9 all of said City's specifications and requirements made therefor, for a 9ross purchase price of $19,261. cash, less trade-in allowance of $4,200 for four old trucks with Dumpster Hoists, desiqnated as Vehicle Nos. 554, 571, 572 and 573, for a total net purchase price of $15,061.00 plus optional equipment includin9 four sets of spring-loaded hinqed deflection angles at top of packer to prevent immobilization of the packer assembly at no additional cost, be, and said bid is hereby ACCEPTED; and the City's Purchasin9 Aqent be, and he is hereby authorized and directed to issue the requisite purchase order therefor, incorp~atin9 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 vehicle and upon the City's acceptance of the same, the City Auditor shall be, and he is hereby authorized and directed to make requisite payment to said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out, and the City Manaqer is authorized, upon acceptance of the new equipment, as aforesaid, to cause the trade-in equipment and legal title thereto to be delivered to the successf~ 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 existin9, this ordinance be in lhll force and effect upon its passage. APPROVED ATTE ST: ~ / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1969. No. 18948. AN ORDINANCE providin9 for the purchase of eiqhteen (18) new model 1970 trucks for use by various departments of the City, upon certain terms and conditions acceptinq certain bids made to the City for furnishin9 and deliverin9 said vehicles; rejectin9 certain other bids made to the City; and providin9 for an emergency. ,0, WHEREAS, on October 21, 1969, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the vehicles hereinaf 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 contracts as hereinafter provided; and the Council, considering all of the same, has determined that the bids hereinafter accepted are the best bids meeting all of the City's specifications made for such vehicles, made to the City for the supply of said vehicles, and that funds sufficient to pay for the purchase price of said vehicles have been or are being appropriated for the purpose; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. Item No. Item No. 3 6 10 Item No. 4 7 8 9 11 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows (1) That the bids o£ (a) International Harvester Company to furnish and deliver to the City as follows: .quantity and Description Purchase Price Four (4) 2-1/2 to 3 ton Cabs and Chassis only, freight from truck factory to Richmond, Va., where refuse bodies will be furnished and mounted by Cary Hall Machinery Co., Inc ...... $16,832.96 (b) Magic City Motor Corporation to furnish and deliver to the City as follows: Quantity and Description Purchase Price One (1) 2-1/2 to 3 ton Cab and Chassis with Dempster Model LFW 303-C Container Hoist ................. $ 8,535.82 Two (2) 2-1/2 ton Cab and Chassis with Dump Bodies ................ $10,886.22 One (1) side-loading van type Truck, one ton .................... $ 2,620.75 One (1) stake body Truck with Crew Cab and Power Lift Tailgate ........... $ 5,029.45 (c) Antrim Motors to furnish and deliver to the City as follows: Quantity and Description Purchase Price One (1) 1-1/2 ton Cab and Chassis with Dump Body ................. $ 3,796.80 One (1) 1/2 ton Pickup Truck .... $ 2,115.55 One (1) 1/2 ton Pickup Truck ....... $ 1,768.32 One (1) 1/2 ton Truck with Service Body .................. $ 2,857.75 Four (4) 3/4 ton Pickup Trucks - 4-wheel drive ................... $11,263.40 (d) Dave Hallman Chevrolet, Incorporated, to furnish and deliver to the City as follows: Item No. Quantity and Description Purchase Price 5 One (1) Walk-in Van Type Truck, cm ton ................. $ 4,136.93; all the above amounts cash, plus the City's trade-in equipment described in the City specifications, delivered to the City, f.o.b. Roanoke, Virginia, except Item No. 1 which is to be delivered f.o.b, truck factory, all to be in full accordance with the City's spedifications therefor, and of said bidders' proposals, be, and said bids are hereby ACCEPTED; and the City's Purchasin9 Agent be, and he is hereby authorized and directed to issue requisite purchase orders therefor, incorporatin§ into said orders the City's aforesaid specifications, the terms of said bidders' proposals and the terms and provisions Of this ordinance; the cost of said equipment, when deliver~ to be paid for out of funds heretofore or contemporaneously bein9 appropriated for ti purpose; (2) That upon delivery to the City of all the aforesaid equipment and upo~ the City's acceptance of the same, the City Auditor shall be, and he is hereby autho- rized and directed to make requisite payment to each said successful bidder of the aforesaid purchase prices, not to exceed the sums hereinabove set out, and the City Manager shall be, and is hereby authorized and directed to transfer and assign to th aforesaid bidders the titles to the certain vehicles described in the City's specifications as trade-in equipment; and (3) That all other bids made to the City for tle supply of the aforesaid equipment be, and said other bids are hereby REJECTED; the City Clerk to so notify all said other bidders and to express to each the City's appreciation of each said bid. BE IT FURTHER ORDAINED that, an emergency existin9, this ordinance be in full force and effect upon its passage. A P P ROVE D ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1969. No. 18949. AN ORDINANCE to amend and reordain certain sections of the 1969-70 Appropriation Ordinance, and providin9 for an emerg~y. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declm~ed to exist. 33 34 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 1969-70 Appropriation Ordinance, be, and the same are betel amended and reordained to read as follows, in part: STREET CLEANING ~68 Vehicular Equipment - Replacement (1) .................. $ 26,000.00 REFUSE COLLECTION AND DISPOSAL ~69 Vehicular Equipment - Replacement (2) .................. $ 43,800.00 STREET REPAIR =58 Vehicular Equipment - Replacement (3) .................. $ 8,447.55 STREET SIGNS AND MARKINGS ~59 Vehicular Equipment - Replacement (4) .................. $ 2,944.10 MAINTENANCE OF CITY PROPERTY ~64 Vehicular Equipment - Replacement (5) .................. $ 2,857.75 Vehicular Equipment - New (6) .......................... $ 5,029.45 SEWER AND DRAIN CONSTRUCTION g88 Vehicular Equipment (7) ................................ $ 2,815.85 (1) Net increase--- (2) Net increase--- (3) Net decrease--- (4) Net decrease--- (5) Net decrease ....... (6) Net decrease-- (7) Net decrease--- $1,676.14 886.22 1,302.45 55.90 142.25 770.55 291.21 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A P P ROVE D ATTE ST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1969. No. 18950. AN ORDINANCE providing for the purchase of fourteen (14) new 1970 model automobiles for use by various departments of the City, upon certain terms and condi tions; accepting certain bids made to the City for furnishing and delivering said vehicles; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, on October 28, 1969, and after due and proper advertisement had b made therefor, certain bids for the supply to the City of the automobiles hereinafter mentioned were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter were tabulated and studied by the committee which has made written report and recommendation to the Council thr, the City Manager; and WHEREAS, the City Manager, concurring in the committee's report has trans- mitted the same to the Council, recommending award of the contract as hereinafter provided; and the Council, considering all of the same, has determined ~at the bids ~n ugh 35 WHEREAS, for the usual daily operation of the municipal government an energency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the bids of: (a)Fulton Motor Company, Inc., to furnish and deliver to the City as follows: Quantity and Description Purchase Price Six police automobiles, 4- door, minimum wheel base 119 inches, with factory installed air conditioning .............. $ 15,648,08 2 Four automobiles, 2-door, minimum wheel base 108 inches ...... $ 7,546.44 3 One automobile, 2-door, minimum wheel base 119 inches ...... $ 2,282.50 4 One automobile, 4-door, minimum wheel base 116 inches ...... $ 2,040.23 5 One station wagon, 4-door, minimum wheel base 116 inches ...... $ 2,543.67 (b) Magic City Motor Corporation, to furnish and deliver to the City as follows: Quantity and Description Purchase Price 6 One station wagon, 4-door, minimum wheel base 119 inches ............. $ 2,635.45 all the above amounts cash, plus the City's trade-in equipment described in the City specifications, delivered to the City, f.o.b. Roanoke, Virginia, all to be in full accordance with the City's specifications therefor, and of said bidders' proposals, be, and said bids are hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and directed to issue requisite purchase orders therefor, incorpo- rating into said orders the City's aforesaid specifications, the terms of said bidde proposals and the terms and provisions of this ordinance; the cost of said equipment when delivered, to be paid for out of funds heretofore appropriated for the purpose; 2. That upon delivery to the City of all the aforesaid equipment and upon the City's acceptance of the same, the City Auditor shall be, and he is hereby authorized and directed to make requisite payment to each said successful bidder of t aforesaid purchase prices, not to exceed the sums hereinabove set out, and the City Manager shall be, and is hereby authorized and directed to transfer and assign to th aforesaid bidders the titles to the certain vehicles described in the City's specifi cations as trade-in equipment; and 3. That all other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby REJECTED; the City Clerk to so notify all said other bidders and to express to each the City's appreciation of each said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in Item No. 1 (Alternate) Item No. full force and effect upon its passage. A P P ROVE D ATTE ST: ~ , ? 36 IN THE COUNCIL OF THE CITY OF _ROANOKE, VIRGINIA, The 10th day of November, 1969. No. 18951. AN ORDINANCE to amend and reordain certain sections of the 1969-70 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. THEREFOBE, BE IT ORDAINED by the Council of the City of ~oanoke that the following sections of the 1969-70 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: PARKS AND RECREATION ~75 Vehicular Equipment (1) .......................... $7,867.50 ENGINEERING =55 Vehicular Equipment - Replacement (2) ............ $2,282.50 (1) Net decrease ........ $132.50 (2) Net increase ........ $132.50 BE IT FURTHER O~DAINED that, an emergency existing, this Ordinance shall be in effect from its passage. / Ci ty Clerk ' APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1969. No. 18952. A RESOLUTION approving the City Manager's issuance of Change Order No. 15 in connection with the City's contract for the construction of the Municipal Building Annex. WHEREAS, the City Manager, in report to the Council dated November 3, 1969, has recommended that the Council approve the issuance of a change order so as to pro- vide for the installation of sixteen additional supply air diffusers in the Council Chamber of the Municipal Building Annex, together with certain other work in connec- tion therewith, to be accomplished by John W. Daniel ~ Company, Inc., the City's contractor for said project, at an additional cost of $3,686.19; and WHEREAS, funds sufficient for the payment of the aforesaid ackitional costs have been or are being appropriated by the Council for the purpose, and the Council is of the opinion that such work is desirable, in order to reduce objectionable heat and cooling noise levels to an acceptable level in the new Council Chamber. 37 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. 15 to the City's contract with John W. Daniel & Company, Inc., so as to provide for the installation of sixteen additional supply air diffusers and for certain other work related thereto in the Council Chamber of the Municipal Building Annex, as such additions and work are described and set out in the City Manager's report made to the Council on November 3, 1969, all for an additional cost to the City of $3,686.19, to be paid the aforesaid contractor out of funds appropriated by the Council for the purpose. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1969. No. 18953. AN ORDINANCE authorizing the City Manager to employ the services of John Talbert and Associates, Incorporated, to make and present a Master Plan Study of the Roanoke Municipal Airport, upon certain terms and conditions; and providing for an emergency. WHEREAS, application to the Federal Aviation Administration for a grant of financial assistance to the City for payment of a part of the cost of the preparation of a Master Plan Study of the Roanoke Municipal Airport having heretofore been made, the Council is advised by the City Manager, in report made on November 3, 1969, that Federal funds are presently unavailable for the purpose, although the need for such study is recognized and known to exist; and WHEtF~S, the Council has been advised that John Talbert and Associates, In- corpoated, of Wilmington, North Carolina, has offered to make mch study and to furnis report and recommendation therem to the City, as set out in the City Manager's report to the Council made under date of July 7, 1969, for a lump sum of $17,500.00, as hereinafter provided; and WHEREAS, the Council considers a master plan study of the Municipal Airport to be essential for the proper development of said airport and has appropriated funds sufficient to pay for the cost of the aforesaid study; and WHEREAS, for the usual daily operation of the Roanoke Municipal Airport, a department of the City, an emergency is declared to exist in order that this ordinanc~ may 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 writt, n 38 agreement, upon form approved by the City Attorney, with John Talbert and Associates Incorporated, of Wilmington, North Carolina, to make, conduct and report to the City on such study as is mentioned herei n and as further described in the City Manager's aforesaid report to the Council, dated July ?, 1969, the report of such study to be submitted to the City, in writing, within three (3) months after receiving the City notice to proceed upon the same, with publication of final documents to be made by said consultants within 30 days after approval of such submission; there to be made available to the City within nine weeks after the aforesaid notice to proceed the consultants' recommendations with respect to the general aviation areas as the same may concern present and future fixed base operations and questions; the aforesaid consultants to be paid for all their aforesaid services satisfactorily performed and accepted, a lump sum of $17,500.00, out of funds appropriated by the Council for the purpose. BE IT FURTHER OtIDAINED that the City Mallager, bet and he is hereby authorized and directed to continue, Nith the Federal Aviation Administration, the City's request for allocation of Federal funds to assist the City in payment of the costs of the aforesaid Master Plan Study of Roanoke Municipal Airport so that, shoul such Federal funds become available for such purposes, the same may be made availabl. to the City. B]g IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of November, 1969. No. 18954. A RESOLUTION authorizing that request be made to Federal Aviation Adminis- tration to approve payment by the City of an additional sum of $2,312.00 to John A. Hall & Company, Inc., over and above the contract price of $180,840.60 for the re- construction and provision of certain'facilities at the Roanoke Municipal Airport. WHEREAS, the City Manager has reported to the Council under date of November 3, 1969, that final accounting of quantity amounts involved in the City's Contract II with John A. Hall & Company, Inc., for reconstruction and provision of certain facilities at the Roanoke Municipal Airport, being accomplished under the City's Federal Airport Project 17, result in a total contract cost of $183,152.60, which said final total cost is $2,312.00 in excess of the sum heretofore approved by Federal Aviation Administration as the cost of such improvements; and WHEREAS, final accounting of the costs to the City for the improvenents accomplished under Contract I under the aforesaid Federal Airport Project by H G S Construction Company have resulted in a total contract cost of $98,900.16 to the City, leaving an unexpended balance of $3,024.84 of the sums heretofore appropriated by the City and approved by Federal Aviation Administration as the cost for recon- struction and extension of the north aircraft parking 'ramp at said airport, which excess of funds left over after accomplishment of the improvements provided for in Contract I, aforesaid, the Council desires to use for payment of the additional co~t of the improvements accomplished under Contract II, aforesaid. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby concur in request made on behalf of the City to Federal Aviation Administration that the City be authorized by said agency to expend $2,312.00 of the surplus funds remaining in the Treasury of the City from the funds heretofore appro- priated for Contract I of Federal Airport Project No. 17 in order to pay said sum of $2,312.00 to John A. Hall G Company, Inc., the City's contractor under Contract II of Federal Airport Project No. 17, for additional quantities of work performed for the City under Contract II, aforesaid, thereby increasing the total contract cost of Con- tract II from $180,840.60 to $183,152.60. BE IT FURTHER. RESOLVED that, upon receipt of the approval of Federal Aviati Administration to the City's aforesaid transfer of $2,312.00 from Contract I to Con- tract II, aforesaid, the City Auditor be, and he is hereby authorized and directed to make payment of such additional sum to John A. Hall G Company, Inc., under Contrac II, aforesaid. ATTEST: / City ClerR APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of November, 1969. No. 18955. A RESOLUTION relating to pending area-wide governmental problems and to efforts towards unification of local governmental agenqies in the Roanoke Valley area WHEREAS, responsive to the demands of large numbers of citizens in the Roanoke Valley area, this Council and two other of the local governing bodies recentl caused to be submitted by referendum to their respective electorates a plan developed and agreed upon by said governing bodies having, as its objective, a consolidation of all such areas into a single new city, its people to 'be governed by the provisions of a new charter submitted with such plan; and WHEREAS, at the ensuing referendum, the proposal for consolidation of said areas into a single new city was approved by a very large majority of all the persons ~n 39 40 voting on said proposal, approximately thrity-nine thousand persons having voted and more than twmty-six thousand of those persons having approved said plan, but, the proposal having failed, nevertheless, by reason of certain veto provisions made a part of said plan; and WHEREAS, a local circuit court before which are pending various untried annexation proceedings, including that in which the City has proposed its annexation of all surrounding County areas, has, in recent days, combined intoa single oase for trial all such pending proceedings and has scheduled certain of the incidents for trail for early decision; and WHEREAS, this Council heretofore, in a statement of policy contained in Resolution No. 16870, recognized certain of the problems confronting governmental units of the Roanoke Valley area which have resulted from the expanding economy of the area, its growth in polxiation and from the demands of its residents and business interests to provide with greater economy and efficiency needed public servioes and facilities, including those of government; and stated that, of the lawful prooedures available to accomplish the same, it favored those set out in Article I of Chapter 21 Title 15.1, of the Code of Virginia, but that it favored and supported, also, those set out in Article 4 of Chapter 26, Title 15.1, of.said Code; and WHEREAS, at the 'request of this Council and of said other local gover~ing bodies the General Assembly of Virginia at its 1969 Special Session provided, in Article 5 of Chapter 26, aforesaid, still other means by which greater unifioation of local governments might be accomplished by agreement of those affected therebyl and WHEREP~S, this Council is acutely aware that the failure to have settled. upon the means by which the needs of the Roanoke Valley area may be provided conti to impede and retard the progress and development of the City and its environs, and considers that all such problems and demands are becoming evermore demanding and difficult of solution as time progresses. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council reaffirms its general statement of policy made and contained in its Resolu- tion No. 16870, adopted Fabruary 14, 1966, with respect to solution of the problems and demands imposed upon local government in the Roanoke Valley area, and affirms that, while it will expeditiously further and press its proceedings now pending in court for enlargement of the present boundaries of the City, and, in so doing, will support those proceedings brought by others for similar purposes, said Council is prepred to act upon proposal, timely made, that procedures other than provided in Article 1 of Chapter 25, aforesaid, be employed for resolving the existing and futur, governmental needs of the residents of this City and of those of the surrounding Roanoke Valley area. ATTEST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1969. No. 18941. AN ORDINANCE providing for the grant and conveyance of a certain strip or parcel of land abutting Virginia Avenue in the Town of Vinton, Roanoke County, togeth~ with a temporary construction easement over and upon an adjoining strip or area of land, to the Commonwealth of Virginia for use in the widening and improvement of Stat, Route 24 in said Town of Vinton. WHEREAS, the Commonwealth of Virginia, Department of Highways, proposes to widen and improve State Route 24 in the Town of Vinton and needs and desires to ac- quire from the City of Roanoke the land and temporary easement hereinafter described; and WHEREAS, the City, being desirous of cooperating with said Department of Highways and conscious of the need for such public improvement, is willing to donate and convey the same to the Commonwealth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and they are hereby authorized, empowered and directed, for and on behalf of the City of Roanoke to execute a proper deed of conveyance drawn upon such form as is approved by the City Attorney, donating, granting and conveying to the Commonwealth of Virginia the following, namely: (a) The fee simple title and estate in and to a certain strip or parcel of land containing 1150 square feet, more or less, lying on the southwest (right) side o the survey centerline and adjacent to the existing southwest right-of-way line of Virginia Avenue, in the Town of Vinton, Roanoke County, Virginia, from the lands of Amos Don Taylor and Mary Lee Taylor opposite approximate station 22+27 as shown on Sheet 4 of the plans for Route 24, State Highway Project 0024-149-103, RW-201, and being a portion of Lots 4 and 5, Section 18, of the Glade Land Company Subdivision; and (b) A right and easement to use an additional area or areas containing 123 square feet, more or less, adjoining the aforesaid ll50-square foot parcel of land on Lots 4 and 5, aforesaid, for cut and/or fill slopes required for the proper execution and maintenance of the aforesaid highway project, said temporary easement to terminate when the City of Roanoke, its successors or assigns, shall have graded its land abutting the aforesaid ll.50-square foot strip or parcel so that there no longer exist cut and/or fill slopes, thus eliminating necessity for the maintenance of said slopes the City's conveyance of the aforesaid ll50-square foot strip of ]and in fee simple to be made with general warranty of title, and all such conveyance to be made upon nomin; consideration of one dollar, cash, to be stated in said deed. BE IT FURTHER ORDAINED that, pending actual conveyance of the land and easement hereinabove referred to and described, the Commonwealth of Virginia, its duly authorized officers, agents~, employees or contractors, shall be, and are hereby authorized to enter and go upon the land of the City of Roanoke hereinabove described for the purpose of commencing construction or improvement of the highway project for which said land is to be utilized. BE IT FINALLY ORDAINED that the City Manager be, and he is hereby authorize and directed to transmit an attested copy of this ordinance to the Commonwealth of Virginia, Department of Highways, as notification of the action herein authorized to be taken. APPROVED ATTEST: ~]~ Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1969. No. 18956. A RESOLUTION approving a Comprehensive Plan dated August 22, 1969, for the alteration and addition to the Central Office Building of the City of Roanoke Redevel opment and Housing Authority, loca{ed in the Lansdowne Park Housing Project. WHEREAS, by virtue of Section 36-19.1 of the 1950 Code of Virginia, as amended, the purchase of materials for the construction of any facility for any housi g units or any housing project is required to be approved by the governing body of the City; and WHEREAS, the construction of communi{y space, a day-care center, health clinic and maintenance and additional office space in the Central Office Building in Lansdowne Park Housing Project will benefit the residents of the area and the community: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Comprehensive Plan dated August 22, 1969, prepared by the City of Roanoke Redevel. opment and Housing Authority for alterations and additions to the Central Office Building in the Lansdowne Park Housing Project of community space, day-care center, health clinic, maintenance and additional office space be and is hereby approved by this Council and said construction is hereby approved. APPROVED ATTEST: -~, / · City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1969. No. 18957. A RESOLUTION relating to the widening and improvement of 10th Street, N. W. requesting the Commonwealth of Virginia, Department of Highways, to proceed with appraisal and acquisition of certain properties which will need to be acquired there- for; and signifying the City's agreement and willingness to reimburse the Commonwealt] as a part of the cost of said highway improvement project, fifteen per cent (15%) of the cost to the Commonwealth of acquiring said properties. WHEREAS, it is understood by the Council that it will be necessary to acqui: for the proper widening and improvement of 10th Street, N. W., in the City, which sucl improvement is to be accomplished as a highway project in participation with the Commonwealth of Virginia, Department of Highways, all of the property hereinafter described, the cost of which, along with other costs of said highway project, will be divided between the City and the Commonwealth; and WHEREAS, by reason of recent damage to the improvements on certain of the property hereinafter described it would appear equitable to the owners thereof and advantageous to the City and the Commonwealth to proceed at this time towards acqui- sition of said properties for the use of said project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Commonwealth of Virginia, Department of Highways, be, and is hereby respectfully requested by the City to proceed to have appraised and acquired for the Commonwealth and, later, the City, for the purpose of widening and improving 10th Street, N. W., as a State Highway Project to be paid for, jointly, by the City and the Commonwealth, the following described properties, namely: A. All of Lot 16, Block 48, Map of Rogers, Fairfax and Houston, consisting of all of Official No. 2111820, as shown on the Tax Appraisal Map of the City of Roanoke, and situate on the west side of 10th Street, N. W., and the north side of Centre Avenue, N. W., in said City; B. All of Lot 9 and the westerly 1/2 of Lot 10, Block 43, Map. of Rogers, Fairfax and Houston, consisting of all of Offi- cial Nos. 2111911, 2111912 and 2111913, as shown on the Tax Appraisal Map of the City of Roanoke, and situate on the east side of 10th Street, N. W., and the north side of Centre Avenue, N. W., in said City; and C. Westerly 1/2 and southeasterly 1/4 of Lot 1, Block 44, Map of Rogers,. Fairfax and Houston, consisting of all of Official Nos. 2112501 and 2112523, as shown on the Tax Appraisal Map of City of Roanoke, and situate on the east side of 10th Street and, partly, on the south side of Centre Avenue, N. W., in said City... BE IT FURTHER RESOLVED that the City of Roanoke doth hereby assure the Commonwealth of Virginia, Department of Highways, of said City's agreement and willin. ness to reimburse the Commonwealth, as a part of the cost of the highway project for which said properties are needed to be acquired, fifteen per cent (15%) of the cost to the Commonwealth of acquiring the aforesaid properties, or any of them, including in such costs' the costs of appraisal and other necessary costs of acquisition. BE IT FURTHER RESOLVED that the City Manager do transmit to said Department of Highways, through proper channels, attested copies of this resolution, furnished by the City Clerk. ATTEST: City Clerk APPROVE D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1969. No. 18958. AN ORDINANCE providing for the acquisition of certain lands and improvement situate at the southwest corner of Campbell Avenue, S. W., and 3rd Street, S. W., and on the west side of 3rd Street, S. W., for public purposes; providing for the execu- tion of a purchase contract with the owner thereof; directing the purchase of such properties upon certain terms and conditions; and providing for an emergency. WHEREAS, it has been reported to the Council that the Colonial-American National Bank of Roanoke, Executor 'and Trustee under the Will of Robert W. Cutshall, deceased, has offered, in writing, to sell and convey to the City two properties hereinafter generally described, located on the southwest corner of Campbell Avenue, S. W.~ and 3rd Street, S. W., and on the west side of 3rd Street, S. W., both said properties, with usable buildings and improvements thereon, lying on 3rd Street, S. W opposite the Municipal Building and adjoining other property recently purchased by the City for public purposes, and has offere~ to take in payment and consideration of such sale and conveyance the sum of $350,000.00. payable in cash on delivery of deed,, or upon deferred purchase arrangements set out in said Executor's written pro- posal; such offer of sale of said property to be made subject to the terms of an existing lease to the United States of America of a portion of the improvements on said properties presently occupied by the Social Security office of said government, and there accompanying said offer a form of contract of sale proposed to be entered into between the parties; and WHEREAS, a committee app~nted by the Council, including, among Ars member- ship, an official of the public school system of the City, has, upon study and con- sideration of the proposal, recommended that the City needs and should acquire all said property upon the terms offered to the City and that the City can and should pay the full purchase price of $350,000.00 upon delivery of the deed of conveyance to said City;.and WHEREAS, the Council, considering said proposal and the report and recommen- dation of the committee, aforesaid, and considering, also, that the price offered for said property is fair and reasonable and that the City needs said property for 45 use by certain of its public offices, boards, agencies, courts and commissions, is of opinion that the offer of sale made to the City should be accepted on the terms so offered and that the full purchase price of said property should be paid by the City on delivery of a deed of conveyance thereof; and WHEREAS, funds sufficient to pay the aforesaid full purchase price have bee: appropriated by the Council for the purpose and, the terms of the aforesaid offer ex- piring on November 19, 1969, an emergency is declared to exist in order that this ordinance be in effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby ACCEPT the offer in writing of the Colonial-American National Bank of Roanoke, Executor and Trustee under the Will of Robert W. Cutshall, deceased, to sell and convey to the City in consideration of the sum of $350,000.00, cash, to be paid on delivery of deed at time of closing, the following described lots or parcels of land, together with the improvements thereon, situate in the City of Roanoke and described, generally, as follows, to-wit: PARCEL 1: Being parts of Lots 9, 10, 11 and 12 of W. W. Coe Map further identified as City Tax Serial ~1011331, located at the southwest corner of Campbell Avenue and Third Street, S. W., having a frontage of 84.9 feet along Third Street and 92.95 feet along Campbell Avenue, S. W. PARCEL 2: Being Lots 7 and 8 of W. W. Coe map further identified as City Tax Serial ~1011332 fronting 50 feet on the west side of Third Street, S. W., between Campbell and Church Avenues, S. and, also, all those articles and items of equipment and personalty located in or on said property and set out in the contract of sale hereinafter authorized to be entere, into; a metes and bounds description of the aforesaid land to be contained in the aforesaid deed of conveyance; such conveyance to be made with special warranty of the aforesaid Executor and to con- vey to the City the fee simple, unencumbered title to all of the aforesaid property, except that said conveyance may be made subject to all recorded easements, restrictio reservations and conditions on said land, including a lease dated July 30, 1962, by and betw~ Reid ~ Cutshall, Inc., and the United States of America, leasing to said government approximately 5,400 square feet of ground-floor space in a portion of the premises, which said lease shall be assigned to the City of Roanoke, as owner of said property, upon consummation of said sale, said deed, otherwise, to be upon form approved by the City Attorney. BE IT FURTHER ORDAINED that the City Manager be, and he is hereby authorize. and directed forthwith to execute, for and on behalf of the City~ that certain contra( of sale drawn and proposed to be entered into under date of November 18, 1969, betwee the Colonial-American National Bank of Roanoke, Executor, etc., as Seller, and the City of Roanoke, as Purchaser, embodying the aforesaid terms of purchase of said property, electing therein, however, the right of the City to pay the full purchase price of said property, namely, $350,000.00, cash, upon delivery of deed, and such sale to be consummated between the parties on or before the 31st day of December, 196 and that the City Clerk be, and is hereby authorized and directed to affix to said contract of sale the City's seal, and to attest the same, and to deliver to the afore S , said Executor no later than November 18, 1969, the executed contract of sale herein mentioned, together with an attested copy of this ordinance. BE IT FURTHER ORDAINED that, thereafter, and on or before December 31, 1969 or as soon thereafter as title can be examined and papers prepared, allowing a rea- sonable time to correct any defects reported in the title by the City Attorney, and upon tender to the City of a good and sufficient deed of conveyance of all of the aforesaid property, approved as to form and sufficiency by the City Attorney and made upon the terms herein and the said contract of sale provided, the City Auditor be, and is hereby authorized and directed to cause to be paid to the aforesaid Executor the sum of $350,000.00, cash, all rents and taxes to be prorated between the parties as of the date of actual settlement and possession of said property, subject to the aforesaid lease to the United States of American, to be given to the City on that date. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance ~be in full force and effect upon its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1969. No. 18959. AN ORDINANCE to amend and reordain Section ~'89, "Transfers to Capital Improvement Fund," of the 1969-70 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. THEREFOER, BE IT ORDAINED by the CoUncil of the City of Roanoke that Section ~89, "Transfers to Capital Improvement Fund," of the 1969-70 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENT FUND ~89 Capital Improvement Projects - Purchase of Property, 70-3 (1) .................... $2,490,134.53 (1) Net increase ..... $350,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~C~i :Y Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The l?th day of November, 1969. No. 18960. A RESOLUTION commending the members and staff of the Roanoke Valley Infor- mation Committee on Consolidation. WHEREAS, upon entering into agreement with the governing bodies of Roanoke County and the Town of Vinton on August 27, 1969, relating to a proposed consolidatio of the three governmental subdivisions, this Council appointed five residents of the City as the City's representatives on a joint committee for the purpose of implementi the aforesaid agreement, which representatives of the City, acting together with appointees of said other two governing bodies, forthwith and in outstanding manner undertook the duties assigned them and, thereafter and for the full period extending to the date of the referendum provided in said agreement, implemented the objective of said agreement by gathering and disseminating to the public full and accurate in- formation on the matters covered by said agreement, and by publicizing the matters contained in said agreement through all available news media and by personal appearan and participation in the meetings of amny groups and organizations. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council most highly commends Mr. Robert W. Woody, Chairman, Mr. Fred P. Bulling~ n, the Reverend Charles T. Green, Mr. Harry T. Layman, and Mr. Robert L. Lynn, the City' appointed representatives, together with the representatives of the governing bodies of the County of Roanoke and the Town of Vinton forming the Roanoke Valley Informatio Committee on Consolidation, and the members of the staff appointed by said Committee, for their most valuable and efficient efforts made in implementing the consolidation agreement entered into on August 27, 1969, between this Council and the governing bodies of said other governmental units. BE IT FURTHER RESOLVED that the City Clerk do forward to each of the fiftee members of the aforesaid Committee and to Mr. Richard H. Hahn, Executive Secretary, and to Mrs. Doris L. McCorkindale, Secretary, attested copies of this resolution. ATTEST: /-? /~--- _..<" : City Clerk APPROVED Mayor g e 48 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of November, 1969. No. 18961. A RESOLUTION providing for the appointment of five persons, any three of whom may act, as viewers in connection with the application of Dickerson GMC Incor- porated and Dickerson Leasing Corporation to permanently vacate and close a portion of Moorman Avenue, N. W., from Twenty-Second Street, N. W. to Salem Turnpike, N. in the City of Roanoke, Virginia, and as shown on Sheet 232 of the Tax Appraisal Map of the City of Roanoke, Virginia. WHEREAS, it appears from the application of Dickerson GMC Incorporated and Dickerson Leasing Corporation that they did duly and legally post notice of the in- tended application at the courthouse of the Hustings Court of the City of Roanoke,. Virginia, and at two public places in the City of Roanoke, Virginia, and that more than ten days have elapsed since the posting of said notice; and that they have made application for the appointment of viewers to view such avenue and portion thereof and report in writing as required by law, which said portion of said avenue desired to be closed is as follows: BEGINNING at a point on the northerly line of Moorman Avenuet S. W., 234.83 feet westerly from the northwesterly corner of 22 nd Street and Moorman Avenue; thence crossing Moorman Avenue S. 24 deg. 09' 51" W., 40.64 feet to the point of intersection of the southerly line of Moorman Avenue with the new westerly line of 22nd Street; thence with the southerly line of Moorman Avenue N. 76 deg. 01' 20" W., 110.56 feet to an angle point; thence N. 68 deg. 39' 32" W., 373.00 feet to the southerly corner of Salem Turnpike and Moorman Avenue; thence across the end of Moorman Avenue N. 77 deg. 56' E. 72.65 feet to the point of intersection of the southerly line of Salem Turnpike with the northerly line of Moorman Avenue produced; thence N. 77 deg. 19' 01" E., 32.68 feet to a point of curve on the southerly line of Salem Turnpike; thence in a southerly direction with a line curving to the left whose radius is 10.00 feet and whose tangent is 32.68 feet, an arc distance of 25.47 feet to a point of tangent on the northerly line of Moorman Avenue; thence with the same S. 68 deg. 39' 32" E., 277.10 feet to an angle point; thence S. 76 deg. 01' 20" E., 115.17 feet to the point of BEGINNING. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that Messrs. J. Tate McBroom, Dewey H. Marshall, Harry Whiteside, Jr., R. R. Quick and C. F. Kefauver, any three of whom may act, be and they hereby are appointed as viewers to view the above described portion of Moorman Avenue, N. W. sought to be vacated, and to report in writing, as required by Section 15.1-364 of the Code of Virginia of 1950, as amended, whether or not in their opinion any and if any, what, inconvenience would result from discontinuing and closing the same. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of November, 1969. No. 18962. AN ORDINANCE to amend and reordain Section =1, "Council," of t-he 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORIPRNED by the Council of the City of Roanoke that Section ~*1, "Council," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COUNCIL =1 Dues, Memberships & Subscriptions (1) .......... $ 8,476.00 (1) Net increase ....... $250.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ?Ci y Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of November, 1969. No. 18963. AN ORDINANCE to amend and reordain Section =45, "Police Department," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual dily operation of the Municipal Government of 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 1969-70 Appropriation Ordinance, be, and the sane is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT =45 Overtime (1) ................................... $ 20,500.00 (1) Net increase ......... $8,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its Passage. ATTEST: " / Cily Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of November~ 1969. No. 18964. A RESOLUTION approving arrangements and plans proposed by the City Manager to accomplish necessary removal of snow at Roanoke Municipal ~Airport. WHEREAS, the City Manager has reported to the Council his ,receipt from Wiley N. Jackson Company, General Contractors, of an offer dated November 1, 1969, to furnish for use at Rmnoke Municipal Airport certain motorized equipment and to furnis operating personnel for the purpose of the timely removal of snow at said airport,, an, has requested that the Council approve such arrangements and a schedule of payments t be made by the City for such services. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, within the availability of funds appropriated by the Council for the purpose, the City Manager's arrangement to have Wiley N. Jackson Company, General Contractors, provide and maintain certain motorized equipment at Roanoke Municipal Airport during the 1969-1970 winter season, and provide operating personnel for the use of said equipmen to perform necessary removal of snow at said airport be, and such arrangement is APPROVED. BE IT FURTHER RESOLVED that the following schedule of rates and arrangement~ for compensation to said contractor by the City out of ~nds provided for the purpose be, and are similarly APPROVED, viz: EQUIPMENT USED ON SNOW REMOVAL, EQUIPPED WITH CAB AND LIGHTS 3 - Caterpillar =12 Graders - 12 ft. 1 - Austin-Western =88 Grader - 10 ft. 1 - Euclid =L-30 Loader 1 - Michigan =125 Loader 1 - Supply Truck 1 - Caterpillar =14 Grader, when available 1 - Foreman 1969-1970 RATE PER HOUR, WITH DRIVER $18.00 15.00 20.00 20.00 1.25 20.00 6.00 Company's foreman, with a pickup truck, shall keep time, supervise operator coordinate the operation with City personnel and maintain equipment. One hour will be charged for moving each piece of equipment to and from the airport, when necessary with minimum charge of two hours for each piece of equipment so moved; however, there will be no charge for m~ving equipment, if such is done for the benefit of the Company. If it is necessary for the Company to obtain equipment from others to suppl merit the above Company-furnished equipment, such additional equipment will be obtaine and furnished only upon authorization of the City Manager, and the City's cost theref shall be the Company's cost of rental for the same and its cost of furnishing operato and fuel for such additional equipment, plus 15 per cent. APPROVED ,re 51 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of November, 1969. No. 18965. ,, AN ORDINANCE to amend and reordain Section ~23, "Sergeant, and Section ~26 ,, "Jail, of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that " and Section ~26 "Jail " Section ~23, "Sergeant, , , of the 1969-70 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SERGEANT =23 Personal Services (1) .......................... $30,437.77 JAIL ~26 Personal Services (2) .......................... $38,963.33 (1) Net increase (2) Net increase $171.12 $ 53.33 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of November, 1969. No. 18966. AN ORDINANCE to amend and reordain Section ~45, "Police Department," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily ope~mtion of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectie =45, "Police Department," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT ~45 Vehicular Equipment -New (1) .................. $ 21,648.85 (1) 6 cars @ $15,648.00 1 statio, n wagon @ $2,635.45 1 truck @ $1,768.32 1 jeep ~ $1,597.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day cf December, 1969. No. 1B968. A RESOLUTION approving a Development Program and Comprehensive Plan dated September 15, 1969, and authorizing and approving 150 additional units of low-rent housing for Project No. VA. 11-7 proposed to be erected by the City of Roanoke Redevelopment and Housing Authority. WHEREAS, Council for the City of Roanoke did, by Resolution No. 18211, adopted on June 24, 1968, authorize and approve the execution on behalf of the City of Roanoke of a certain Cooperation Agreement~between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority for the construction of 600 units of low-rent housing, to be developed and located within the corporate limits ct the City of Roanoke; and WHEREAS, pursuant thereto said Cooperation Agreement, dated June 25, 1968, was entered into between the said City of Roanoke and City of Roanoke Redevelopment and Housing Authority; and WHEREAS, by Resolution No. 18023, adopted on February 26, 1968, it was re- solved by the Council of the City of Roanoke that there is a need in the City of Roanoke for an additional 600 units of low-rent housing, that the City of Roanoke Redevelopment and Housing Authority should proceed with the planning and surveys, and such other steps as are necessary in the development of a Development Program fo an additional 600 units of low-rent public housing in the City of Roanoke and the preparation of a Comprehensive Plan for the construction thereof for submission to the Council of the City of Roanoke; and said Council for the City of Roanoke did approve the borrowing by the City of Roa~ke Redevelopment and Housing Authority from the Housing Assistance Office of preliminary loan funds for the purpose of preparing said development program and comprehensive plan; and WHEREAS, by virtue of Sections 36-19.1 and 36-19.2 of the 1950 Code of Virginia, as amended, such Comprehensive Plan for such Project and the additional low-rent housing therein proposed to be constructed is required to be authorized and approved by this Council; and WHEREAS, it appears that the development and construction of 150 of the aforesaid 600 low-rent dwelling units is necessary to enable said Authority to provide decent, safe, and sanitary housing for low-income citizens of the City of Roanoke, Virginia: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Development Program and Comprehensive Plan,of Project No. VA. 11-7, dated September 15, 1969, prepared by the City of Roanoke Redevelopment and Housing Authority, for the site improvement and erectio~ of 150 additional low-rent dwiell'ing units by the City of Roanoke Redevelopment and Housing AuLhority, a copy, of the Development Program and Comprehensive Plan are on file in the office of the City Clerk, be and is hereby approved by the Council; and that the development and construction by said Authority of such 150 additional low-rent dwelling units be and is hereby authorized and approved. ATTEST APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of December, 1969. No. 18969. AN ORDINANCE providing for the City's acquisition of eight (8) lots fronting 20 feet each on the northeasterly side of Walnut Avenue, S. E. containing approximately 24,000 square feet and located on the northwesterly side of Mill Mountain, for street and public park and recreational purposes, upon certain terms and conditions; and providing for an emergency. WHEREAS, the heirs at law of John B. Newton, Sr., owners of the land here- inafter described, have offered in writing to sell and convey the same to the City for the purchase price hereinafter provided, said land bein0 wanted and needed by the City as an addition to said Park and for access thereto; and WHEREAS, funds sufficient to pay the purchase price hereinafter provided have been or are beino appropriated for the purpose and, for the usual daily operati of the municipal Oovernment an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREF.ORE, BE IT ORDAINED by the Council of the City of Roanoke that the written offer of Mrs. John B. Newton, Jr., on behalf of the heirs at law of John B. Newton, Sr., to sell and convey to the City for a consideration of $1,000.00, cash, upon delivery of a good and sufficient deed of conveyance, those eight (8) certain lots of land containin9 approximately 24,000 square feet, known and described as Lot 44-A, Section 1, and Lots l-A, 1, 2, 3, 4, 5 and 6, Section 3, according to the Map of Walnut Hill, in the City of Roanoke, Virginia, and being further desi9nated as Official Nos. 4041132, 4041133, 4041134, and 4041135, on the City's Tax Appraisal Map, be, and said offer is hereby ACCEPTED; and the proper City officials be, and are hereby authorized to draw and deliver to said owners the City's check in payment of the aforesaid purchase price, upon delivery to the City of a good and sufficient deed of conveyance made with General Warranty and modern English covenants of title, upon such form as is prepared and approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existin9, this ordinance be in force and effect upon its passage. ATTEST: /City Clerk APPROVE D M~v~ 54 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of December, 1969. No. 18970. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improvement Fund," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 Improvement Fund," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENT FUND ~89 Capital Improvement Projects (1) ........... $2,559,834.53 (1) 68-3, Mill Mountain Access Road Net increase $69,700.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / City Clerk APPROVE D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 0th day of December, 1969. No. 18971. AN ORDINANCE providing for the construction by the Virginia Department of Highways of a new recreational access road on Mill Mountain, to be known as State Route 9999; authorizing execution of an agreement to be entered into between the City and the Commonwealth of Virginia relative thereto; and providing for an emergency. WHEREAS, the Department of Highways of the Commonwealth of Virginia has initiated, at the request of the City of Roanoke and pursuant to the provisions of g 33-136.3 of the 1950 Code of Virginia, as amended, a project to provide a recrea- tional access road extending from the present easterly end af Walnut Avenue, S. E., around the north and east slopes of Mill Mountain; to'connect with the Blue Ridge Parkway Spur Road to Mill Mountain; and the City Manager has presented to the Counci an agreement prepared by the said Department of Highways to be entered into between the Commonwealth of Virginia and the City relative to the construction of said access road and relative to the apportionment between the Commonwealth and the City 55 of the costs of providing the same and to the future maintenance of said road; and WHEREAS, funds sufficient to pay the City's proportionate part of the cost of providing said access road, as set out in said agreement, have been appropriated by the Council for the p~rpose, and the City is willing and able to provide the right-of-way necessary for said road and to arrange and provide for necessary adjust- ment of utilities affected thereby, at no cost to the Commonwealth; and WHEREAS, for the usual daily operation of the municipal government and in order that said Department of Highways may immediately proceed with advertisement for bids for construction of said Project, the Council deems an emergency to exit and that this ordinance should take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and is hereby authorized, empowered and directed, for an on behalf of the City, to enter into written agreement with the Commonwealth of Virginia, actin by and through the State Highway Commissioner, providing for the construction of a recreational access road, to be designated State Highway 9999 and a Virginia byway, in accordance with Article 3.1, Chapter 1, Title 33 of the 1950 Code of Virginia, as amended, extend lng from the present easterly end of Walnut Avenue, S. E., around the north and east slopes of Mill Mountain to connect with the Bhe Ridge Parkway Spur Road to Mill Mountain, such written agreement to provide, inter alia, for the followi 1. The Commonwealth o£ Virginia shall agree' to: (a) Allocate from the recreational access fund for 1966-67 to assist in providing proper access to the existing and proposed expansion of Mill Mountain Park in the City of Roanoke, Project 9999-128-102, C-501, the sum of $200,000; (b) Allocate from the recreational access fund for 1968-69 to assist in providing proper access to the aforementioned Project, additional funds over and above $200,000 on a dollar-for-dollar basis, not exceeding $100,000; (c) Prepare the necessary plans and specifications for the afore- mentioned Project ~ (d) Construct the aforementioned Project in accordance with its plan and specifications; 2. The City of Roanoke shall agree to: (a) Pay one-half of all cost of the aforementioned Project over and above $200,000 on a dollar-for-dollar matching basis, up to a total cost of $400,000 for the Project; (b) Pay 100 per cent of the costs of the aforementioned Project in excess of $400,000. (c) Provide the right-of-way and adjustment of utilities at no cost to the Commonwealth of Virginia; (d) Perpetually maintain the access road when completed as a parkway and Virginia byway; 56 ~aid agreement to be, otherwise, upon such form as is approved by the City Attorney; and that the City Clerk be, and hereby is authorized and directed, thereafter, to affix to the aforesaid agreement the City's seal, and to attest the same. BE IT FURTHER ORDAINED that, upon execution of said agreement on behalf of the City, the City Manager shall forward the same through appropriate channels to the State Highway Commissioner, for execution of said agreement on behalf of the Commonwealth of Virginia. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of December,. 1969. No. 18972. AN ORDINANCE to amend and reordain Section ~93, aRepayment of Temporary Loans," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =93, "Repayment of Temporary Loans," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: REPAYMENT OF TEMPORARY LOANS =93 Temporary Loan due December 26, 1969 (1) .... $3,000,000.00 (1) Net increase BE IT FURTHER ORDAINED that, in effect from its passage. $3,000,000.00 an emergency existing, this Ordinance shall be %TTES T: ty Clerk APPROVED Mayor 57 IN THE COUNCIL OF THE .CIT.~ OF RO~N?~E, VIRGINIA, The 8th day of December,[ 1969. No. :18973. A RESOLUTION authorizing the'negotiation of short-term loans for the purpos 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 ~or the purpose of paying current expenses and debts of the City; and WHEREAS, the amount of short~term loans to the City hereinafter authorized 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 ex- piring June 30, 1970, in such amounts as are necessary to pay current expenses and debts of th~ City, the total amount of all such short-term loans to the City heretofore or hereafter made, outstanding at any one time, not to exceed the aggregat sum of $3,500,000.00; 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 pursuant to the authorization herein contained shall be evidenced by negotiable promissory notes of the City bearing interest from the date of such loan at a negotiated rate of interest not greater than six per cent, (6%), per annum, payable quarterly, which said interest shall be payable from the General Fund, each note to become due at such time after date as the said 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 principal of any such note or any part thereof at any date prior to the maturity thereof, with interest thereon accrued to the date of such payment, and each such note to be in the form prescribed by the City Attorney, executed by the City of RoanOke, by its mayor, (the Mayor of th City o£ Roanoke being hereby fully authorized to execute said notes for and on behalf of the City of Roanoke), and the notes evidencing each of the several loans that may be made pursuant to the authorization herein contained to be payable in lawful money of the United States of America to a bank doing business in the City of Roanoke, or order, and to be signed £or identification purposes, only, by the City Auditor; and the aforesaid City Auditor is further authorized and directed to pay all such notes, and the interest thereon on the date that the same become due with money drawn from the General Fund of the City of Roanoke. ATTEST: APPROVE D 58 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of December, 1969. No. 18974. AN ORDINANCE accepting a proposal for furnishing and erecting a prefabri~at metal building, installing therin a diesel-powered electric generator set supplied by the City, and performing certain related work at the Carvins Cove Filter Plant, upon certain terms and conditions; accepting a certain bid made to the City for said work; rejecting other bids made to the City; and providing for an emergency. WHEREAS, at a meeting of the Council held on November 17, 1969, and after due and proper public advertisement had been made therefor, certain bids for the per- formance of the works of improvement hereinafter described were opened and read befor~ the Council, whereupon all said bids were referred to a committee appointed by the Council to tabulate and study said bids and to make report and recommendation thereon to the Council; and WHEREAS, said committee has reported to the Council in writing its tabulati~ and recommendations on said bids, from which it appears to the Council that the propo hereinafter accepted represents the lowest and best bid made to the City for the work and should be accepted; and that the other said bids should be rejected; funds sufficient to pay the cost of said work have been or are being appropriated by the Council for the purpose; and WHEREAS, for the usual daily operation of the City'.s Water Department, a department 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 bi of Hodges Lumber Corporation made to the City, offering to furnish and erect a pre- fabricated metal building, installing therein a diesel-powered electric generator set to be supplied by the City, and performing certain related work at the Car~ins Cove Filter Plant, all such work and materials fUlly meeting all of said City's specifications and requirements made therefor, for a total price of $4,787.50, cash, be, and said bid is hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and directed to issue the requisite purchase order therefor, 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 work, when completed, to be paid for out of funds heretofore appropriated for the )urpose; and upon acceptance by the City of the aforesaid work, the City Auditor ~hall 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. BE IT FURTHER ORDAINED that the other bids made to the City for the per- formance of the ~oresaid work be, and said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each ~e City's appreciation icl said bid. n 59 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of December, 1969. No. 18975. AN ORDINANCE authorizing the acceptance of the written offer of Virginia Holding Corporation to sell and convey to the City approximately 6.66 acres of land on the westerly side of Tinker Creek, north of Dale Avenue, and approximately 19.46 acres of land south of Dale Avenue, along said creek, bounded on the west by the Norfolk and Western Railway Company right-of-way, and, additionally, certain permane rights-of-way, across and under said railway company's right-of-way; directing the purchase of such interests and land upon certain terms and conditions and providing for an emergency. WHEREAS, in order to provide for the proper, orderly, convenient and' sani- tary disposal of waste materials generated within the City it is necessary to acquit, the land and interests in lands hereinafter described; and WHEREAS, the Council is advised that the City is in receipt of a written offer from Virginia Holding Corporation to sell and convey to the City, two tracts land, consisting, respectively, of approximately 6.66 acres of land along Tinker Creek north of Dale Avenue and approximately 19.46 acres along said creek and south of Dale Avenue, bounded on the west by the right-of-way of the Norfolk and Western Railway Company and on the east by the centerline of Tinker Creek, sufficient for the aforesaid purpose, for a total consideration of $50,000, subject, however, to the approval of said Virginia Holding Corporation's Board of Directors; and WHEREAS, funds sufficient to pay for the lands hereinafter authorized to be acquired have been or are being contemporaneously appropriated for t~ purpose, and, for the usual daily operation of the municipal government, an emergency is declared to exist in order for this ordinance to take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby ACCEPT the offer of Virginia Holding Corporation, made by E. L. Rard n, Manager of Real Estate, under date of November 12, 1969, to grant and convey to the City in fee simple those two certain tracts of land situate in the City of Roanoke, consisting, respectively, of approximately 6.66 acres aIong Tinker Creek, north of 6O bounded on the west by the east'erly right-of,way line of the Norfolk and Western Railway Company and on the east by the centerline of Tinker Creek, for a total purch price of $50,000, subject to the approval of such sale and conveyance by said Virgini Holding Corporation's Board of Directors, be and said offer is hereby accepted; pro- vided~ however, that such acceptance is expressly conditioned on said Virginia Holdin Corporation's securing of written offer from the Norfolk and Western Railway Company to grant and convey to the City permanent easements for roadway access for ingress an egress to and from the northerly portion of the aforesaid 6.66 acre parcel of land beneath said railway company's bridge generally parallel to Wise Avenue, and such access across said railway company's right-of-way under its tracks, leading from the south end of Kenwood Boulevard, S. E., southerly, under the north end of said railway company's bridge spanning Tinker Creek, to the southerly portion of said 19.46 acre tract, both such permanent easements to be granted and conveyed to the City at no additional consideration; and the proper City officials be and are hereby authorized to draw and deliver to the aforesaid corporation the Cityts check in payment of the aforesaid purchase price, upon satisfactory evidence of the fulfillment of all the above conditions, and upon delivery to the City of a good and sufficient deed or deed of conveyance made with General Warranty and modern English covenants of title but made expressly subject to existing easements and leases hereto made by said owner or former owners affecting the title to said property, otherwise upon such form as is approved by the City A'ttorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: City Clerk APPROVE D Mayor IN THE COUNCIL. OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1969. No. 18967. 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. 435, Sectional 1966 Zone Map, City o Roanoke, in relation to Zoning. WHEREAS, .application has been made to the Council of the City of Roanoke to have the following described parcel of realty rezoned from LM, Light Manufacturing District, to RG-1. General Residential District: BEGINNING at an iron pin on the southeasterly side, of Bennington 61 Atkins; thence with the southeasterly right-of-way of Bennington Street, SE. S. 45o 45' W. 288' to a point; thence S. 39o 05' W. 195.0' to a point; thence S. 34o 30' W. 156.3' to a point still on the southeasterly right-of-way of Bennington Street and the north- easterly corner of the property of the City of Roanoke; thence leaving Bennington Street and with the easterly boundary of the property of the City of Roanoke S. 40.00' E. 15.0' to a point; thence S. lle 10' E. 81.8' to a point; thence S. 320.05' E. 82.0' to a point; thence S. 25° 10' E. 85.0' to a point; thence leaving the easterly line of the property of the City of Roanoke N. 86o 10' E. 58.5' to a point; thence with the general meandersings of Muse Branch the following courses and distances: S. 22o 48' E. 180' to a point; S. 7° 28' E. 97' to a point; S. 19o 55' E. 53.5' to a point; S. 41o 55' E. 41.0' to a point; S. 17° 50.' W. 27.0' to a point; S. 15° 42' E. 72.5' to a point; S. 19° 43' E. 37.0' to a point; S. 28° 25' E. 40.0' to a point; S. 15° 03' E. 51.0' to a point; S. lo 20' E. 45.5' to a point; and, S. 60o 20' E. 148.5' to a point; thence leaving Muse Branch and with a new line through the 12.053 acre tract of J. Clavin Garnand and Claudine M. Garnand N. 42° 30' E. more or less, 420' more or less to a fence corner post at a point of angle in the southerly boundary of the original 12.053 Garnand Tract shown as Corner ~4 on a plat of survey appended to that certain deed of record in Deed Book 329 at page 524 in the Office of the Clerk of the Circuit Court of Roanoke County; thence N. 41000' E. 509.7' to a point; thence with the southwesterly boundary of the Riverside Terrace Subdivision N. 440 48' W. 982.5' more or less to the place of BEGINNING; and BEING designated by the following Roanoke City Tax Numbers: ~4350601; ~4350605 and the northerly eight (8) acres more or less of ~4350602. WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from LM, Light Manufacturing 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 pos as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 8th da' of December, 1969, at 2 p.m, before the Council of the City of Roanoke, at which he 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, of the opinon that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapt~ 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 435 of the Sectional 1966 Zone Map, City of Roanok, be amended in the following particular and no other, viz: Property located on Bennington Street and described as follows: BEGINNING at an iron pin on the southeasterly side of Bennington Street, S. E. which said point constitutes the northwesterly corner of the Riverside Terrace Subdivision (Plat Book 1, Page 217, Office of the Clerk of the Circuit Court of Roanoke County) and the north- easterly corner of the 9.29 acre parcel of Waddy C. Atkins; thence with the southeasterly right-of-way of Bennington Street S. E. S. 45° 45' W. 288' to a point; thence S. 390 05' W. 195.0' to a pointl thence S. 340 30' W. 156.3' to a point still on the southeaterly right- of-way of Bennington Street and the northeasterly corner of the property of the City of Roanoke; thence leaving Bennington Street and with the easterly boundary of the property of the City of Roanoke S. 40.00' E. 15.0' to a point; thence S. 11o 10' E. 81.8' to a point; thence S. 32o.05' E. 82.0' to a point; thence S. 25° 10' E. 85.0' to a point; thence leaving the easterly line of the property of the City of Roanoke N. 860 10' E. 58.5' to a point; thence with the general ng 62 meanderings of Muse Branch the following courses and distances: S. 220 48' E. 180' to a point; S. 7© 28' E. 97' to a point; S. 19° 55' E. 53.5' to a point; S. 41° 55' E. 41.0' to a point; S. 17° 50' W. 27.0' to a point; S. 15o 42' E. 72.5' to a point;:S. 19© 43' E. 37.0' to a point; S. 28° 25' E. 40.0' to a point; S. 15© 03' E. 51.0' to a point; S. 1o 20' E. 45.5' to a point; and, S. 60° 20' E. 148.5' to a point; thence leaving Muse Branch and with a new line through the 12.053 acre tract of J. Calvin Garnand and Claudine M. Garnand N. 42° 30' E. more or less, 420' more or less to a fence corner post at a point of angle in the southerly boundary of the original 12.053 Garnand Tra~t shown as Corner ~4 on a plat of survey appended to that certain deed of record in Deed Book 329 at page 524 in the Office of the Clerk of the Circuit Court of Roanoke County; thence N. 41° 00' E. 509.7' to a point; thence with the south- westerly boundary of the Riverside Terrace Subdivision N. 44© 48' W. 982.5' more or less to the place of BEGINNING. And designated on Sheet 435 of the Sectional 1966 Zone M'ap, City of Roanoke as Official Tax Nos. ~4350601, 4350605, and the northerly eight (8) acres more or les of ~4350602 be, and is hereby, changed from LM, Light Manufacturing District to RG-1 General Residential District, and that Sheet No. 435 of the aforesaid Map be changed in this respect. APPROVED ATTEST: /City Clerk ~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lSth day of December, 1969. No. 18976. AN ORDINANCE amending and reordaining Chapter 5. Air Pollution Control, of Title X¥, of the Code of the City of Roanoke, 1956, being Ordinance No. 12504, adopte October 3, 1955, by enactment of a new ordinance to be known and cited as the City of Roanoke Air Pollution Contrd Ordinance, 1969, regulating or prohibiting the emission of certain air pollutants in the City and certain products of combustion; regulating the construction, installation, alteration, reconstruction or repair of certain fuel burning or combustion equipment; providing for the approval and issuance of applicat 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 pro visions of this ordinance; providing for the codification of this ordinance into the Code of the City of Roanoke, 1956, as Chapter 5.1, Air Pplluti0n Cpntr01, of Title XV of said Code; and providing for an emergency. WHEREAS, the Council's committee on air pollution control considering neces amendments of the City's regulations for air pollution control as contained in Chapte Air Pollution Control, Title XV, of the Code of the City of Roanoke, 1956, as amended has recommended to the Council the adoption of an ordinance amending and reordaining Chapter 5, aforesaid, in its entirety, the new regulations to be contained in said ordinance being attached to the report of said committee dated April 28, 1969, on fil in the office of the City Clerk; and i ,ns ary 5. WHEREAS, the Council, proposing to adopt and enact as an ordinance the new regulations for air pollution control proposed by said committee, referred all of th~ same to the State Board of Air Pollution Control, requesting said Board to approve the samel and WHEREAS, the State Air Pollution Control Board, considering the proposed new regulations at its meeting held in Richmond on November 11, 1969, unanimously approved the same, suggesting that the Council take such action as would make said regulations effective at an early date; and ~/HEREAS, public hearing on the regulations proposed to be adopted was held be£ore the Council on the 15th day of December, 1909, after due and proper notice of such hearing, published in a newspaper of general publication in the City, at which hearin~ all parties in interest and citizens were afforded opportunity to be heard ~ 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 Chapt 5, Air Pollution Control, Title XV, of the Code of the City of Roanoke, 1956, as amended, being Ordinance No. 12504, adopted October 3, 1955, be, and is hereby amend in its entirety and reordained as Chapter 5.1. Air Pollution Control., Title XV, of the Code of the City of Roanoke, 1956, aforesaid, to read and provide as follows: Chapter 5.1 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, 1969. SECTION 2. AUTHORITY AND DECLARATION OF POLICY a. 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 the purpose of preserving, protecting 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 comfort and con. venience of its inhabitants and, to the greatest degree practicable, facilitate the enjoyment of the natural attraction of the City of Roanoke. To the maximum extent possible, such air pollution control program shall be conducted in cooperation with simil~ programs of other local jurisdictions and of the State and Federal governments. b. In the administration and enforcement of this ordinance due regard shall be tak~ for all of the facts and circumstances bearing upon the reasonableness of the activity involved and the regulations 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: 63 (2) The social and economic value of the activity involved; ($) 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 elimin~ the discharge resulting from such activity. c. Provisions of this ordinance are intended to be a re-emphasis of, or a more restrictive 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 follow, lng definitions shall apply to these words when used in this ordinance: a. Air Pollution--The presence in the outdoor atmosphere of one or more substances put there by man or man-made devices in concentration sufficient to cause an unreasonable interference with human, plant or animal life or the reasonable use of property. b. Board--The Roanoke City Air Pollution Advisory and Appeal Board. c. City--City of Roanoke d. Control Equipment--any equipment which has the f~ction of controlling the emissions from a process, fuel-burning, or refuse-burning equipment and thus reduces the creation of, or the emission of air pollutants into the atmosphere, or both. e. Department--The City of Roanoke Department of Air Pollution Control. f. Director--The Director of the Department of Air Pollution Control as appointed by the city manager. g. Indirect heating furnace--Any equipment, device, or contrivance and all appur- tenances thereto including ducts, breechings, fuel feeding equipment, ash remov equipment, combustion controls, stacks and chimneys, used primarily but not exclusively, to burn any fuel for the purpose of indirect heating in which the material being heated is not contacted by and adds no substance to the products of combustion. h. Incinerator--A furnace designed for the destruction of refuse by burning. (1) "Incineration" shall mean the destruction of refuse by burning in a furnace~signed for that purpose and with burnable refuse reduction essentially to ash, carbon dioxide and water vapor. (2) "Open Burning" is not considered incineration. i. Odor--The sensation resulting from stimulation of the human sense of smell. j. Opacity--The state of a substance which renders it partially or wholly impervio~ to ray of light. Opacity as used in this ordinance refers to the obscuration of an observer's view. k. Open Burning--Any burning of combustible materials wherein the products of com- bustion are emitted directly into the open air without passing through a stack lng 65 mt ne pe Particulate Matter--Any material (except uncombined water) that exists in a fin~ divided form as a liquid or solid at standard conditions of temperature (680 Fahrenheit) and pressure (14.7 pounds per square inch absolute). Owner--The State, a county, sanitary district, municipality, political subdivi- sion, a public or private institution, corporation, association, firm, or compa organized or existing under the laws of this or any other state or country, lessee or person otherwise in possession of property, person or individual, or group of persons or individuals, acting individually or as a group· Process--Any action, operation, or treatment and the ~uipment used in connectio~ therewith, and all methods or forms of manufacturing or processing that may emi smoke, particulate matter or gaseous matter. Ringelmann Smoke Chart--A chart published as U. S. Bureau of Mines Information Circular 8333, dated May 1967, giving graduated shades for determining smoke density issuing from a stack, or any chart, recorder, indicator or device for measurement of smoke density which is approved by the Director as the equivalen of said Ringelmann Chart. Salvage Operations--Any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, such as, but not limited to reprocessing of used motor oils, metals, chemicals, shipping containers, or drums, and specifically incI~ding automobile graveyards and junkyards as defined in Sec. 33-279.3 of the Code of Virginia of 1950, as amended· Smoke--Small gas borne particles, resulting from incomplete combustion, con- sisting predominatly but not exclusively of carbon, ash and other material in concentrations sufficient to form a visible plume. Source--Any physical arrangement, condition or structure which may emit air pollutants. 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 pro- vided for in this 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 1. 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. ly 2. Members of the board shall serve without remuneration for their services but may be reimbursed for expenses necessarily and actually incurred in the perfor- mance of their duties as members of such board. 3. 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. 4. 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 review any appeal made in writing by any person dissatisfied with any decision of the Director. The Board may pre- pare such rules and regulations as may be deemed necessary for them in the dis- charge of their duties. SECTION 5. POWERS In addition to any other powers vested in it by law the Department of Air Pollution Control shall: a. Conduct studies, investigations and research relating to air pollution and its prevention, abatement, and control: b. 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 administrative and judicial proceedings: c. Hold hearings relating to any aspect of or matter in the administration of this ordinance: d. Secure necessary scientific, technical, administra~ve and operational services, including laboratory facilities, by contract or otherwise: e. Prepare and develop a comprehensive plan or plans for the prevention, abatement and control of air pollution: f. Advise, consult and cooperate with other local governmental units, agencies of the state, industries, interstate or interlocal agencies and the Federal Govern- ments, and with the owners; g. Review those matters having a bearing upon air pollution referred by other agen of the city (such as Planning, Zoning, Building, and Fire Departments) and make reports, including recommendations to the referring agencies with respect there h. Collect and disseminate information and conduct educational and training progr relating to air pollution; i. Enco~ge voluntary cooperation by owners or affected groups to achieve the pur- poses of this ordinance: es Subject to procSdure of authorization for application and accounting of the cit ; receive and administer grants 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 re- quired by the Department, file with the Department reports containing in£ormatio as to: (1) location and description of source; (2) rate, duration and composi- tion 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 investigatin9 or testing 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 aforementbned purposes, and who presents appropriate credentials; nor shall any owner obstruct, hamper or interfere with any such inspection· If entry is refus ~d 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 v~lation is cited by the Department and is considered to be un just by the alleged violator, it shall be the responsibility of the alleged rio lator to have tests made by a testing ~boratory mutually acceptable to the Depar - merit 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 labora- tory above. SECTION 8. EMISSIONS PROHIBITED 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 that designated as No. 2 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. 2 on the Ringelmann Smoke Chart: pro- vided however, that if an owner can show to the satisfaction of the Directo that an emission of particulate matter complies with the requirements of subsection b, hereinafter provided, for indirect heating furnace or incin- erators, 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, blowing soot from a boiler, building a new fire, may be darker than No. 2 of the Ringel- mann Chart, but in no cases darker than Ringelmann No. 4 for a period or periods aggregating not more than 4 minutes in any 60 consecutive minutes, or when operational requirments 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 emiss OhS 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 (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 measuring point near the stack outlet, particulate matter in the flue gases to exceed 0.80 pound.per million BTU per hour total input, irrespective of stack height. For installations using greater than 100 million BTU per hour total input, Figure 1 in this ordinance will be used to determine the particulate emission limitation related to stack height. Figure 1 is derived from the American Society of Mechanical Engineers pub lication Recommended Guide for the Control of Dust Emiss~ mbusti Indirect Heat Exchanqers, 1966 (ASME Standard No. APS-1), which by refere]ce is adopted as an engineering guide for the administration of this ordi~ce. (2) The burning of refuse in indirect heating furnace is prohibi.ted 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 objectionable odors arising from the installation are detectable beyond the premises on which the installation is located. (3) No owner or person shall cause, suffer, or allow to be emitted into the outdoor atmosphere from any incinerator, or to pass a convenient measuring point near the stack outlet, particulate matter to exceed 0.65 pound per 1000 pounds of the flue gas, adjusted to 50 per cent excess air and calcu- lated as if no auxiliary fuel had been used, for incinerators designed for burning up to 200 pounds of refuse per hour or to exceed 0.30 pounds per 1000 pounds of flue gas, adjusted to 50 per cent excess air and calculated as if no auxiliary fuel had been used, for incinerators designed for burni g 200 or more pounds of refuse per hour. 69 (4) The maximum allowable emission of particulate matter from any source whate~ except indirect heating furnace and incinerators shall be the regulation adopted by the Commonwealth of Virginia. Whenever changes are made in the State Regulations, the provisions of the amended regulation shall auto matically apply and be enforced by the Department. (5) Stack emission tests for particulate matter shall be undertaken by general recognized standm'ds or methods of measurement. Methods found in the A.S.M Test Code for Dust Separating Apparatus, PTC 21-1941, the A.S.M.E. Test Cod for ~etermining 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 Director to suit specific sampling conditions or needs based upon good practice, judgment and experience. (6) No person shall cause or permit a structure or its appurtenances to be constructed, altered, repaired or demolished, or road, earth or stone con- struction, or any materials to be handled, transported, or stored, or land to remain barren, without taking reasonable precautions to prevent particu matter £rom becoming airborne. Emissions o£ 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, planl or animal life, or to property, or which inter f~s with the reasonable use o property. (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. Open burning (1) Except as provided below, no owner or other person shall kindle an open fir in any public or private place outside any building. (2) Open burning may be done under permit as follows: (a) Application for burning permits shall be on forms provided by the Department· (b) No permit shall be issued unless the issuing officer is satisfied that (i) there is no practical available alternate method for the disposal of the material requested to be burned: (ii) No hazardous condition will be created by such burning; (iii) the open burning will not be incidental to the conduct of a sal- vage operation. (iv) The burning of leaves will be in such areas wherein there is no provision made for public collection thereof· te 7O (c) Any permit issued may be limited by the imposition of conditions to: (i) prevent the creation of smoke as prohibited by this ordinance; or (ii) protect property and the health, safety and comfort of persons fr the effects of the burning. (d) If it becomes apparent at any time to the Director that limitations ne to be imposed for any of the reasons stated in subsection (c) above, the Director or his duly designated agent shall notify in writing the permittee and any limitations so imposed shall be tm~ed as conditions under which the permit is issued. (3) Open burning may be done without permit as follows: (a) Open fires may be set in performance of an official duty of any pub li~ officer if the fire is necessary for one or more of the following rea~ or purposes: (i) for the prevention of a fire hazard which cannot be abated by other means; (ii) for the instruction of public fire fighters or industrial employe under supervision of the Fire Chief of the City; or (iii) for the protection of public health when authorized by the Commiss of Health of the City. (b) Fires may be used for the cooking of food, or recreational purposes, such as camp fires, provided no msoke violation is created. (c) Salamanders or other devices may be used for heating by construction or other workers, provided no smoke violation is created. (4) Wherein the Director, or his duly authorized representative, shall give notice for the discontinuance of any open burning in violation of this subsection, the owner or person responsible therefore shall promptly dis- continue the same. (5) During the existence of an air pollution alert, as may be declared by the Director, all exception provided in this subsection, are void and no open fires shall be kindled. Operation of Equipment (1) Any equipment that may produce air pollution shall not be operated or main- tained in such a manner that a violation of the provision or intent of this ordinance is created. (2) Motor Vehicle The engine and exhaust mechanism of every motor vehicle shall be so equippe adjusted and operated m to prevent the escape therefrom of excessive, un- usual, or annoying fumes or smoke. In no case shall such emission be as dark or darker in shade as that designated as No. 2 on the Ringelmann Smoke Chart. m d oner Malfunction of Equipment Emissions exceedin9 any of the limits established in this section as a direct result of unusual conditions in or malfunction of any incinerator or any proces~ £uel-burning, or control equipment or related operatin§ equipment beyond the control of the owner shall not be deemed to be in violation of this section, provided that the owner or o~ rator advised the Department promptly and in all cases within 24 hours of the circumstances and outlines a corrective and preven- tive program acceptable to the Department. 'DUST E~I5510N, D, ?OU,~b5 ?Eg I¥11LLIOfl t~TU ~ 0 C~ 72 ae SECTION 9 GENERAL Nuisance Nothing in any section of this ordinance relatin9 to regulation of emission of air pollutants shall in any manner be constmed as authorizing or permitting the creation or maintenance of a nuisance. Circumvention No owner or other person shall build, erect, install, or use any article, equipme of other contrivance the sole purpose of which is to conceal an unlawful emission without resulting in a reduction in the total relase of air pollutants into the atmosphere. SECTION 10. ENFORCEMENT a. Whenever the Department has reason to believe that a violation of any provision o 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. Th, 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. b. After such hearing the Department shall affirm, modify, or rescind 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 whic the violation or violations shall cease and may prescribe timetables for necessar action in preventing, abating, or controlling the air pollution. c. At any time after five (5) days following the specified period of time for correc tire 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 recover penalty pursuant to Section 14 of this ordinance. d. Nothing in this ordinance shall prevent the Department from making efforts to ob- tain 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 causing or contributing to air pollution and that such pollution creates an emergency which requires immediate action to protect the public health or safety he shall order such owner to reduce or discontinue imme- diately the air pollution and such order shall be complied with immediately. Upon 73 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 mo than 24 hours after the conclusion of such a hearing, and without adjournment thereo the order shall be affirmed, modified or set aside. ae SECTION 12. VARIANCES Any owner responsible for any source of air pollutants or seeking to cause condi- tions which may result in air pollutants may apply to the Department for a varian e from the provisions of Section 8 of this ordinance. The application shall be accompanied by such information and data as the Department may require. The Department may grant mch variance if it finds that: (1) The discharges occuring or proposed to occur do not constitute a danger to public health or safety; and (2) Compliance with the provisions of Section 8 from which variance is sought would produce serious hardship without equal or greater benefits to the public. b. No variance shall be granted pursuant to this section except after public hearing by the Board on due notice and until the Department has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public. c. No variance issued pursuant to this section shall be granted for a period to exceed one year, but any such variance may be renewed for like periods if no complaint is made to the Department on account thereof or if, after such complaint has been made and duly considered at a public hearing held by the Board on due notice, the Department finds that renewal is justified. No renewal shall be granted except on application therefor. Any such application shall be made at least sixty (60) days prior to the expiration of the variance, and the applicant shall give public notice of such application in accordance with the rules and regulations of the Department. Any renewal granted pursuant to this subsect~n shall be on the same grounds and subject ~ the limitations and requirements as provided in subsection a. of this section. d. Any variance or renewal thereof shall not be a right of the applicant or holder thereof bu~ shall be in the discretion of the Board. However, any person adverse affected by a variance granted by the Board may obtain review thereof by an appea to the Board. e. Nothing in this section and no variance, or renewal granted pursuant thereto shal be c(nstrued to prevent or limit the application of the emergency provisions and procedures of Section 10 of this ordinance to any owner or his property. SECTION 13. CONFIDENTIALITY OF RECORDS Any records or other information wh~h relate to processes or production unique to the owner or operator which would tend to affect adversely the competitive position o such owner or operator shall be only for the confidential use of the Department and other departments, agencies and officers of the City unless such owner or operator shall expressly agree to their publication or availability to the general public. Nothing herein shall be construed to prevent the use of such records or information by any department, agency or 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 otherwise confidential under this section. SECTION 14. PENALTIES a. Any owner or person who violates any provision of this ordinancet shall be subjec to a fine of not less than $50.00 or more than $500.00. Each day of violation shall constitute a separate offense. b. Action pursuant to subsection a. of this section shall not be a bar to enforceme 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. c. Nothing in this ordinance shall be construed to abridge, limit or otherwise impa the right of any person to damages or other relief on account of injuries to per- sons or property and to maintain any action or other appropriate proceeding ther~ 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 affec 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 using existing equipment or fuels not in conformance~ith the requirements set forth in subsections a, b, c, and e 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 provision 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 Air Pollution Control, of Title XV of said Code; and that in such codification the numbering of th~ sections and provisions of this ordinance be made to conform to the arrangement of said Code. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: / C/~i[y'~ Clerk Mayor 75 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1969. No. 18978. A RESOLUTION relatin9 to the hours of sale of alcoholic beverages in the City of Roanoke. WHEREAS, the Council is of opinion that the public convenience would be better served by the retail sale of alcoholic beverages until the hour of l:O0 a.m. durin9 each calendar year; and the Virginia Alcoholic Beverage Control Board is authorized to amend the hours permittin9 of such sales. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth endorse the proposition that alcoholic bever~qes be permitted to be sold in the City of Roanoke until the hour of 1:00 a.m. throu§hout each calendar year. BE IT FURTHER RESOLVE]) that the City Clerk do forthwith transmit an atteste copy of this resolution to the Virginia Alcoholic Beverage Control Board. APPROVED ATTEST: - /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1969. No. 18979. A RESOLUTION prescribin9 the amount of the bond of the Treasurer of the City of Roanoke and approvin9 the surety thereon. WHEREAS, Johnny H. Johnson has heretofore been elected Treasurer of the City of Roanoke for a term commencin9 on the first day of January, 1970, and endin9 on the thirty-first day of December, 1973, and has requested the Council to fix the amount of his official bond and to approve the surety offered thereon; and WHEREAS, The Travelers Indemnity Company, a corporate bondin9 company, has offered to become the surety on such bond as is prescribed for said Treasurer by the Council pursuant to the provisions of section 37 of the City Charter. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, befor, enterin9 upon his duties as Treasurer of the City of Roanoke for the term commencin9 on the first day of January, 1970, and endin9 on the thirty-first day of December, 1973, the said City Treasurer-elect, Johnny H. Johnson, shall properly make, execute and lodge with the City Clerk a bond approved as to form and execution by the City Attorney, payable to the City of Roanoke and executed by the said Johnny H. Johnson and by the surety hereinafter approved, in the sum of $100,000.00, conditioned upon said City Treasurer faithfully dischargin9 his official duties in relation to the revenue of the City and such other official duties as may be imposed upon him by the City Charter and by the ordinances of the Council of said City. 76 BE IT FURTHER RESOLYED that the said Council doth hereby approve The Travel,ers Indemnity Company, a corporate bonding company, of Hartford, Connecticut, and autho- rized to transact business as a surety in the Commonwealth of ¥irginia, as the surety on the aforesaid bond of said City Treasurer. .~ P P R 0 V E D ATTE ST: f City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, ¥'IRGINIA, The 15th day of December, 1969. No. 18980. AN ORDINANCE to amend and reordain Section =3, "City Manager," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHERE~S, for the usual daily operation of the Municipal Government of 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 1969-70 ~ppropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY MANAGER ~3 Maintenance of Machinery and Equipment ................... $ 1,237.90 (1) Net increase ........ ----$350.00 BE IT FURTHER ORDAINEO that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / City Clerk ~ P P R 0 ¥ E D Mayor IN THE COUNCIL OF THE CItY OF ROANOKE, VIRGINIA, The 15th day of December, 1969. No. 18981. AN ORDINANCE to amend and reordain Section ~63, "Municipal Building," and Section =64, "Maintenance of City Property," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 77 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Secti ~63, "Municipal Building," and Section r64, "Maintenance of City Property," of the 1969-70 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: MUNICIPAL BUILDING ~63 UtiIities (1) ............................................. $ 26,450.00 Food, Medical and Housekeeping Supplies (2) .............. 5,000.00 Personal Services (3) .................................... 52,1d4.00 (1) Net increase ......... (2) Net increase ....... (3) Net increase--- MAINTENANCE OF CITY PROPERTY ~64 --$1,45o.oo 600.00 1,836. O0 Maintenance of Buildings and Property (1) ................ $203,058.31' (1) Net increase .......... $400.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1969. No. 18982. AN ORDINANCE to amend and reordain Section =75, "Recreation, Parks and Recreational Areas," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Recreation, Parks and Recreational Areas," of the 1969-70 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) ....................... (1) Net increase for trophies .......... $220.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall in effect from its passage. AT TE ST: /City Clerk $ 22,545.00 APPROVED Mayor 78 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The~'15th day of December, 1969. No. 18983~ RESOLUTION concurring, generally, in certain legislative proposals for highway safety recommended by the Virginia. Highway Safety Commission to the 1970 General Assembly of Virginia. WHEREAS, this Council is advised that the Virginia Highway Safety Commissio has recommended to the 1970 General Assembly of Virginia a certain six-point legis- lative program considered essential for an effective highway safety program in Virginia, which said legislative program has been reviewed by the Council's Advisory Legislative Committee and, with certain additional provisions referred to herein, is considered to be good legislation, and advisable; and WHEREAS, this Council, directing attention to certain changes or modifica- tions of the third and fifth items set out in the aforesaid legislative program of th Virginia Highway Safety Commission, recommended by this Council's aforesaid committee and approved by the Council, all such changes being contained in the wording of the third and fifth items of legislation hereinafter set out, fully supports the propose legislative program. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council supports and endorses to the City's representatives in the 1970 General Assembly of Virginia the enactment of legislation which would accomplish the following: The presumptive level for the definition of driving under the influence should be reduced from .15% to .10% of blood alcohol. Permit the use of breath tests in addition to the chemical tests of blood for presumptive evidence of driving under the influence; Require immediate notification of police by the most convenient means in the case of any motor vehicle accident involving $100 or more of property damage, occurring at any place.; Require motorcycle operators and passengers to wear an approved helmet on the head while riding on the streets and highways; Empower the Commissioner of Highways, in counties and towns, and the city mana.qer or chief executive officer, in cities, to supervise the placement of subdevelopment, private home, industrial development, shopping center and commercial center access road entrances and to designate a service road as the only type of suitable access in those instances, where warranted; and Authorize the state and local police to check the speed of any motor vehicle with other electrical devices in addition to radar. Such checks shall.be accepted as prima facie (face value) evidence of the speed of such motor vehicle in any court or legal proceedings where the speed of the vehicle is at issue. This statute is to fulfill the requirements certified as needed by the Attorney General so that other electrical.devices will be on parallel to radar. BE IT FURTHER RESOLVED that the City Clerk to transmit attested copies of this resolution to the Virginia Highway Safety Commission and to each of the City's representatives in the 1970 General Assembly of Virginia. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1969. No. 18984. A RESOLUTION relatin9 to certain proposed amendments to the Roanoke Charte of 1952, as amended. WHEREAS, the Council's J~dvisory Legislative Committee has recommended that consideration be given to certain amendments of the City's Charter as referred to in report of said committee to the Council made under date of. December 15, 1969, and the Council desires that a public hearin9 be held before the Council on such propos THEREFORE, BE IT RESOLIfED by the Council of the City of Roanoke that the Clerk do cause to be published, accordin9 tO law, notice of a public hearing to be held before the Council at its meeting on December 29, 1969, on the proposal that the 1970 General Assembly of Virginia amend the Roanoke Charter of 1952, as amended to the extent and in the general manner set out or referred to in the report of the Council's Advisory Legislative Committee made to the Council under date of December 15, 1969. ~AT TE ST: / / City Clerk APPROVED Mayor a s. Cty IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 1969. No. 18985. A RESOLUTION recommending to the State Compensation Board an adjustment o certain salaries in the office of the Sergeant of the City of Roanoke, to become effective January 1, 1970. WHEREAS, the Sergeant of the City of Roanoke, by communication to the Council dated December 2, 1969, and in appearance before the Council at its meeting on December 8, 1969, has made it appear that certain adjustments in the salaries of certain of said City Sergeant's Deputies, Jailors and Jail Matrons should be provided, to take effect as of January 1, 1970, and to continue for the remainder of the fiscal year, the aggregate increase of all such salaries for such six month period amounting to $3,470.00, one-third of which would be paid by the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby approve those certain adjustments in the salaries of three (3) deputy city sergeants, ten (10) deputy-jailors and two (2) jail marx:ohs, employees in the office of the Sergeant of the City of Roanoke, as set out on an attachment to a communication made by said City Sergeant to the State Compensation Board and t 79 8O the City Council, dated December 2, 1969, a copy of which is on file in the office of the City Clerk, all such adjustments to become effective as of January 1, 1970, and to continue for the remainder of the current fiscal year; and said Council doth hereby indicate its intent to appropriate such sum as is equal to one-third of the aggregat of all such salary adjustments, should the same be approved by the State Compensatio Board. BE IT FURTHER RESOLYED that the City Clerk do forthwith transmit an attest d copy of this resolution to the Sergeant of the City of Roanoke and to the Clerk of t e State Compensation Board. ATTE ST: City Clerk AP P ROVE D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE. ¥IRGINIA, The 15th day of December, 1969. No. 18986. AN ORDINANCE providing for the construction of a new storm drain on Brando Avenue, S. W., from Grandin Road, S. 'W., to Arlington Road, S. W., upon certain term and conditions, by accepting a certain unit price bid made to the City, rejecting certain other bids; and providing for an emergency. WHEREAS, at the meeting of the Council held on November 17, 1969, certain unit price bids made to the City, after due and proper advertisement therefore, for the construction of a storm drain on a portion of Brandon Avenue, S. W., commencing Grandin Road, were opened and read before the Council and, thereafter, were referred ~oa committee to be studied and tabulated; and WHEREAS, the aforesaid committee, in report made to the Council dated December 1, 1969, and considered at the meeting of said Council held on December 8, 1969, has advised that of the unit prices so received, the bid made by J. P. Turner ~- Brothers, Inc., is the lowest and best bid received for the performance of said work based upon the unit prices contained in said bid as applied to the work herein authorized to be performed, but said committee has recommended that, because of the amount of funds available to the City for the purpose of such improvement, only that portion of the proposed new storm drain on Brandon Avenue, S. W., which would extend from Grandin Road to Arlington Road, should be ordered constructed, the esti- mated cost of such portion, based on the unit prices proposed by said low bidder bei the sum of $76,450.34; and the Council, considering all such matters, is of opinion that a storm drain so constructed would effectively alleviate certain of the existin drainage problems in the area, and should be approved for construction; and WHEREAS, there has been appropriated to the City's Capital Fund a sum sufficient to pay the estimated cost of the aforesaid improvement and, for the immed: preservation of the public safety and for the usual daily operation of the municipal government, an emergency is hereby declared to exist in order that fltis ordinance tak effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the new storm drain on Brandon Avenue S. W., for the construction of which bids were mad to the Council on November 17, 1969, be provided, the same to be constructed according to the City's plans and specifications made therefor, between Grandin Road and Arlington Road, S. W., on Brandon Avenue; that the unit price bid made to tl City by J. P. Turner ~ Brothers, Inc., and opened before the Council on November 17, 1969, on the basis of which bid the estimated cost of constructing said storm drain will amount to $76,450.34, be ACCEPTED; and that the City Manager be, and is hereby authorized and directed to enter into contract on behalf of the City with the afores bidder providing for the construction of said new storm drain on Brandon Avenue, S. between Grandin Road and Arlington Road, in full accordance with the City's plans an, specifications made therefor, such improvement being estimated to cost the sum of $76,450.34, but the actual cost thereof to be determined by the unit prices containe, in said bid applied to the actual quantities of work performed by said bidder, such contract to be upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that the other three bids made to the City for the performance of the aforesaid work be, and said bids are hereby REJECTED, the City Clerk to so notify each other bidder and to express to each said bidder the City's appreciation for the interested displayed in making such bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of Oecember, 1969. No. 18987. AN ORDINANCE providing for the acquisition of one new 24-cubic yard refuse compaction unit in place of the one new 20-cubic yard compaction unit heretofore authorized to be acquired by Ordinance No. 18947, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City Purchasing J~gent has heretofore, pursuant to the provisi of Ordinance No. 18947, issued to The Sanco Corporation the City's purchase order fo ate id ns ¸82 a certain new 20-cubic yard Dempster Dumpmaster compaction unit proposed to be fur- nished and delivered to the City, complete with front-end loader and new cab and chassis, and after trade-in allowance for certain of the City's old trucks and hoist~, for a total net purchase price of $15,061.00; and WHEREAS, pending the agreed time of delivery of said new 20-cubic yard compaction unit to the City, the City Manager has reported to the Council the existence of an emergency with respect to the City's lack of usable equipment with which to collect and transport trash, garbage and refuse, accentuated by ~he public response to the City's recent change in the use of 8-cubic yard refuse collection boxes instead of the former lO-cubic yard boxes, and has proposed to the Council with urgent recommendation the City's acceptance of a proposal of The Sanco Corpora- tion to supply to the City, in lieu of the 20-cubic yard compaction unit which has n, yet been delivered, a new 24-cubic yard Dempster Dumpmaster compaction unit, complet, with all necessary equipment and with specifications meeting the requirements of suc'. larger unit, for the sum of $1,851.12 additional to the $15,061.00 heretofore agreed upon as the sum to be paid by the City for said 20-cubic yard unit after allowance o $4,200.00 to the City as the value of the aforesaid trade-in equipment, which said 24-cubic yard unit said corporation has on hand and available for immediate delivery to the City; and WHEREAS, funds sufficient to pay the additional cost of said larger refuse compaction unit have been appropriated by the Council for the purpose and, for the immediate preservation of the public health and safety and for the daily operation of the City's Department of Public Works, an emergency is declared to exist in order that this ordinance may take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City's Purchasing Agent be, and he is hereby authorized and directed, upon consent a agreement of The Sanco Corporation, to rescind and cancel the City's purchase order heretofore issued and given to The Sanco Corporation providing for the City's purcha of a certain new 20-cubic yard Dempster Dumpmaster refuse compaction unit and relate, equipment for a net purchase price, after credit for trade-in allowance, of $15,061. and to issue to The Sanco Corporation, instead, the City's purchase order for, and for immediate delivery to the City, of one (1) new 24-cubic yard Dempster Dumpmaster Model DP45-24 refuse compaction unit complete with automatic hydraulic hopper cover, ~side shields, side hinged tailgate, cab-o-scope, 3/16" full floor sheet, and mounted on a 1970 International CO 202J~, single axle 173", 16,000 lb. front, 23,000 rear, 2-speed ll x 20-12 ply nylon, 10 x 20 - 12 ply rayon, T-54 transmission-direct in fifth, 66 gallon fuel tank, RD 450, 6 cylinder engine, frame reinforcement, air brak power steering, west coast mirrors, heater and defroster and tow hooks, delivered to the City, in Roanoke, for the price of $21,112.12, less a $4,200.00 trade-in allo to the City for the City's four (4) old trucks with Dumpster hoists, a net cash cost of $16,912.12 to the City. d ance ¸83 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTE ST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of December, 1969. N o. 18977. AN ORDINANCE to amend Title X¥, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 215, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke t have property located on the northwest corner of Oakland Boulevard and Greenland Avenue, N. W., described as Lot 8, Block F, Roundtree Terrace No. 2, Official Tax No 2151508 rezoned from RS-2, Single-Family Residential District, to RD, Duplex Residen- tial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land not be rezoned from RS-2, Single-Family Residential District, to RD, Duplex Residential Distzict; ~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 15th day of December, 1969, at 2 p.m., before the Council of the City of Roanoke, at whicl 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. 215 of the Sectional 1966 Zone Map, City of Roanok~ be amended in the following particular and no other, viz: Property located on the northwest corner of Oakland Boulevard and Greenlan~ Avenue, N. W., described as Lot 8, Block F, Round,tee Terrace No. 2, designated on Sheet 215 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 21515 be, and is hereby, changed from RS-2, Single-Family Residential District, to RD, 84 Duplex Residential District, and that Sheet No. 215 of the aforesaid map be changed in this respect. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1969. No. 18988. AN ORDINANCE amending and reordaining Sec. 37. Nonconforminc Structures, and Sec. 38. Noncpnformin.q Uses of B~ildinqs ~nd Structures, of Chapter 4.1, Title XV relating to 7. oningt of the Code of the City of Roanoke, 1956, as amended, relating to the maintenance of nonconforming structures and nonconforming uses of buildings and structures 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 Secs. 37 and 38, Chapter 4.1, of Title XV, of the Code of the City of Roanoke, as hereinafter provided, relating to the maintenance of nonconforming structures and nonconforming uses of buildings and structures, respectively, under the City's zoning regulations as contained in said chapter, and has referred said proposals to the City Planning Commission for consideration and recommendation; 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 oirculatlon in the City more than fifteen days prior to the holding of a public hearing on the question, a public hearing was held before the Council on the 22nd day of December, 1969, in accordance with said notice, on the aforesaid proposals, at which public hearing all persons in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, upon the Council's due consideration of the whole matter, said council is of opinion that Sec. 37. Nonc9nformina Structures, and Sec. 38. Noncon- f0rminq U$~s of Buildinq and Structures, Chapter 4.1, of Title XV, relating to Zonin of the Code of the Ciiy 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. 37 Nonconformin.q Structures., and Sec. 38. Nonconforminq Uses of Buildin.qs and StructUres 85 Chapter 4.1, of Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, be, and said sections are hereby amended and reordained, to read and provide as follows: Sec. 37. Nonconforminq structures. Where a lawful structure exists at the time of passage or amendment of this chapter which could not be built under the terms of this chapter by reason of restrictions on area, bulk, lot coverage, heights, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: a. No such structure shall be enlarged or altered in any way which increases its nonconformity. b. Should such structure be damaged by any means to an ex- tent of more than 50% of its replacement cost at time of damage, it shall not be reconstructed except in conformity with the provisions of this chapter unless pursuant to building per- mit issued within 6 months after such damage and after approval of the City Council contained in resolution of the Council adopted after public hearing before the Council upon the pro- posal for such reconstruction, provided, however, a noncon- forming sign structure may be rebuilt if the main on-premise trade or service establishment was not damaged to an extent of more than 50% of its replacement cost at the time of damage. c. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regula- tions for the district in which it is located after it is moved, provided, however,, a sign structure may be relocated on the same property if such sign structure was moved because of highway utility or other construction for public purposes. Sec. 38. Nonconformin~ uses of buildinqs and structures. Where, at the effective date of adoption or amendment of this chapter, lawful use exists of buildings or structures, individually or in combination, which use is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued so long as it is not discontinued for more than two years, and so long as buildings or structures in such nonconforming use are m~intained in their then structuraI condition. Should buildings or structures in such non-conforming use be enlarged, extended, reconstructed or structurally altered, use thereafter shall conform to the regulations of the district in which they are located. No such nonconforming useshall be enlarged, intensified or increased, nor extended to occupy a greater structure or building than was occupied at the effective date of adoption or amendment of this chapter, provided, however, that such use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter. In such case, no such use shall be extended to occupy any land outside such building. A nonconformhg use of a building or structure, individually or in combination, shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by addition of other uses, of a nature which would be pro- hibited generally in the district involved; except that any single-family residence structure whiclh exists as a noncon- forming use may be expanded by an amount not to exceed 20% of the total floor area of the existing structure, a basement (finished or unfinished, a portion of which is more than two feet below grade), breezeway, porches, attics or semi-detached buildings erected in conjunction with such residence not to be included in the measurement of existing floor area. No such nonconforming use shall be moved in whole or part to any portion of the lot or parcel unoccupied by such use at the time of adoption or amendment of this chapter. 86 No additional structure not conforming to the requirements of this chapter shall be erected in connection with noncon- forming use of ]and. Any building or structure, individually or in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the requirements of the district in which located, and the nonconforming use shall not thereafter be resumed. Where nonconforming use status applies to a building or structure, removal of the building or structure, or damage from any cmse to an extent of more than 50% of replacement cost at the time of damage not reconstructed with approval and within the time provided in subsection b., section 37. of this chapter, shall eliminate the nonconforming status of the building or structure and premises. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1969. No. 18991. AN ORDINANCE fixing the per diem rate to be paid by the City to Burrell Memorial Hospital Association, Incorporated, for treatment of the City's indigent charity patients, for the period commencing November 1, 1969, and extending to October 31, 1970; and authorizing the City Manager to enter into requisite agreement with said Hospital in the premises; and providing for an emergency. WHEREAS, the Council is advised that a recent audit of the accounts and recol of the Burrell Memorial Hospital Association, Incorporated, hertofore treating certified charity patients at the instance of the City, justified and requires an in- crease in the daily rate, per patient, wh'~rh was heretofore established and agreed up between the City and said Hospital; and WHEREAS, the City Manager has recommended that the per diem rate for said Hospita,l's treatment and care of the City's indigent charity patients be established at the sum of $44.78 per day, per patient, for the period hereinafter provided, and t the outpatient and/or emergency room service for such patients be at the all-inclusi rate of $6.50 per visit; and WHEREAS, funds sufficient to pay for the estimated costs of such treatment have been appropriated by the Council for the purpose; and for the usual daily operat of the City's Department of Welfare, an emergency is hereby declared to exist and that this ordinance should take effect upon its passage. ~t 87 .THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows :i 1. That the per diem rate to be paid by the City to Burrell Memorial Hospi Association, Incorporated, for the treatment and care of patients certified to said Hospital by the Cit. y during the period commencing November 1, 1969, and extending to October 31, 1970, be increased from $40.89 per day, per patient, to the rate of $44.7 per day, per patient; and 2. That the rate to be paid by the City to Burrell Memorial Hospital ASsoc tion, Incorporated, for outpatient and/or emergency room service for its indigent or medically indigent patients be at the all-inclusive rate of $6.50 per visit; and 3. That the City Manager be, and he is hereby authorized and directed to enter into requisite contract or agreement on behalf of the City with the aforesaid Hospital, in the premises. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: ~(_~ '- ~' ~.~ ~ _ c~--~-~ / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1969. No. 18892. AN ORDINANCE accepting the proposal of Adams Construction Company, Inc., for furnishing, heating, hauling and applying certain asphalt and tar for the period from January 1, 1970, through December 31, 1970, upon certain terms and provisions; authorizing the PurchaRng Agent to issue the requisite purchase orders therefore; re- jecting all other bids; and providing for an emergency. WHEREAS, on December 9, 1969, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the materials herein- after 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, considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said materials, and that funds sufficient to pay for the purchase price of said materials have been appropriated; and al 88 WHEREAS, for the usual daily operation of the municipal government, an emerge is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of Adams Construction Company, Inc., for furnishing, heating, hauling and applying, for the City, approximately 200,000 gallons R C 250 asphalt; for furnishing, heating and filling the City's 400-gallon distributors with approximately 160,000 gallons R C 250 asphalt; and for furnishing, heating, hauling and applying approximately 40,000 gallons R T 9 tar, at $0.1720, $0.1598 and $0.31 per gallon, respectively, for the period commencing January 1, 1970, and eh'ding December 31, 1970, as per the City's specifications and in accordance with said company's bid on file in the Office of the City Clerk, be, and said proposal is hereby ACCEPTED; 2. That the Purchasing Agent be, and he is hereby authorized 'and directed to issue, for and on behalf of the City, periodic purchase orders based on said company's unit prices to meet the requirements of the Department of Public Works; an¢ 3. That the proposal of the other bidders for furnishing, heating, hauling and applying such asphalt and tar bet and the same are hereby REJECTED; and the City Clerk shall so notify each such other bidder and, in so doing, express the City appreciation of its said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in forc and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1969. No. 18993. AN ORDINANCE accepting certain proposals for furnishing regular and premiu grade gasoline to the City Garage; for furnishing regular grade gasoline to the City Water Department; and for furnishing premium grade gasoline to the City's Fire Depar~ merit for the calendar year 1970, upon certain terms and conditions; rejecting certai other bids received for furnishing the City's aforesaid gasoline requirements; and providing for an emergency. WHEREAS, on December 9, 1969, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the gasoline herein- after 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-~ mitred the same to the Council, recommending award of the contracts as hereinafter provided; and the Council, considering all of the same, has determined that the bids hereinafter accepted are the lowest and best bids made to the City for the supply of said gasoline, and that funds sufficient to pay for the purchase price of said gasoli[~e 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 pass age. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the proposal of The American Oil Company to furnish to the City for its City Garage's regular grade gasoline requirements for the calendar year 1970 regular grade gasoline at its "Posted Consumer Tank Wagon Price" in Roanoke on day o delivery, less $0.0647 discount per gallon, less further discount of one per centum (1%) if payment is made within ten (10) days after date of delivery, be, and said proposal is hereby ACCEPTED; 2. That the proposal o£ The American Oil Company to furnish to the City for its Water Department's regular grade gasoline requirements for the calendar year 1970, regular grade gasoline at its "Posted Consumer Tank Wagon Price" in Roanoke on day of delivery, less $0.0525 discount per gallon, net 15th proximo, be, and said proposal is hereby ACCEPTED; 3. That the proposal of British Petroleum Corporation to furnish to the City its City Garage's requirements for premium grade gasoline for the calendar year 1970 at its "Posted Consumer Tank Wagon Price" in Roanoke on day of delivery, less $0.0629 discount per gallon, net 30 days, be, and said proposal is hereby ACCEPTED: 4. That the proposal of British Petroleum Corporation to furnish to the City its Fire Department's requirements of premium grade gasoline for the calendar year 1970 at its "Posted Consumer Tank Wagon Price" in Roanoke on day of delivery, less $0.O629 discount per gallon, net 30 days, be, and said proposal is hereby ACCE PTE D; 5. That the City's Purchasing Agent be, and he is hereby authorized and directed to enter into requisite contracts with the aforesaid bidders by purchase order or otherwise, for the supply to the City of the abovementioned gasoline re- quirements, each said contract or purchase order to be made or entered into in accor- dance with the provision herein contained and set out in said bidder's respective proposals, all such gasoline requirements to be furnished in full accordance with the City's specifications made therefor; and 6. That the other bid made to the City ~br the supply of the aforesaid gasoline requirements be, and said other bid is hereby REJECTED; the City Clerk to so notify said other bidder and to express t-he City's appreciation of said bid. 9O BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1969. No. 18994. AN ORDINANCE repealing Ordinance No. 18986, providing for the construction of a certain new storm drain on Brandon Avenue, S. W., and providing, instead, for the construction of a new storm drain on Brandon Avenue, S. W., from a point approxi mately 400 feet east of Mount Vernon Road, S. W., to Arlington Road, S. W., upon certain terms and conditions, by accepting a certain unit price bid made to the City; rejecting certain other bids; and providing for an emergency. WHEREAS, at the meeting of the Council held on November 17, 1969, certain unit price bids made to the City, after due and proper advertisement therefor, for the construction of a storm, drain on a portion of Brandon Avenue, S. W., were opened and read before the Council and, thereafter, were referred to a committee to be studied and tabulated; and WHEREAS, the aforesaid committee, in report made to the Council dated December 1, 1969, and considered at the meeting of said Council held on December 8, 1969, advised the Council that of the unit prices so received, the bid made by J. P. Turner & Brothers, Inc., is the lowest and best bid received for the perfor- mance of said work, based upon the unit prices contained in said bid as applied to the work herein authorized to be performed, but recommended that, because of the amount of funds available to the City for the purpose of such improvement,' only that portion of the proposed new storm drain on Brandon Avenue, S. W., which would extend from a point approximately 400 feet east of Mount Vernon Road, S. W.,. to. Arlington Road, S. W.~ should be ordered constructed, the estimated cost of such portion, base on the unit prices proposed by said low bidder being the sum of $76,450.34, and the Council, considering all such matters, was of opinion that a storm drain so con- structed would effectively alleviate certain of the existing drainage problems in the area, and should be approved for construction; and WHEREAS, there having been appropriated to the City's Capital Fund a sum efficient to pay the estimated cost of the aforesaid improvement, the Council, by Ordinance No. 18986 adopted as an emergency measure on December 15, 1969, intended to order construction of said new storm drain on Brandon Avenue from a point approxt 91 mately 400 feet east of Mount Yernon Road, S. W., to Arlington Road, S. W., and to award to the iow bidder, J. P. Turner ~ Brother, Inc., a contract for the constructi thereof at an estimated cost of $76,450.34; and WHEREAS, through clerical error in the preparation of aforesaid Ordinance No. 18986, the storm drain project referred to in said ordinance was inaccurately described as extendin9 from Grandin Road, S. W., to Arlington Road, S. W., on Brandon Avenue, whereas it should have been described as extendin9 from a point on Brandon Avenue approximately 400 feet east of Mount Yernon Road, S. W., to Arlington Road, S. W.; and the Council desires to correct such error and to repeal aforesaid Ordinance No. 18986; and WHEREAS, for the usual daily operation of the municipal 9overnment an emer 9ency is he~9oy 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. 18986, adopted December 15, 1969, entitled: An Ordinance providin9 for the construction of a new storm drain on Brandon Avenue, S. W., from Grandin Road, S. W., to Arlington Road, S. W., upon certain terms and conditions, by acceptin9 a certain unit price bid made to the City; rejectin9 certain other bids; and providin9 for an emergency, be, and said ordinance is hereby repealed. BE IT FURTHER ORDAINED by the Council of the City of Roanoke that a new storm drain be constructed on Brandon Avenue, S. W., accordin9 to the City's plans and specifications made therefor between a point approximately 400 feet east of Mount Vernon Avenue, S. W., and Arlington Road, S. W.; that the unit price bid made to the City by J. P. Turner ~ Brother, Inc., and opened before the Council on November 17, 1969, on the basis of which bid the estimated cost of constructin9 the aforesaid storm drain will amount to $76,450.34, be ACCEPTED; and that the City Manager be, and is hereby authorized and directed to enter into contract on behalf of the City with the aforesaid bidder providin9 for the construction of said new storm drain on Brandon Avenue, S. W., between a point approximately 400 feet east of ~ount Vernon Road, S. W., and Arlington Road, S. W., in full accordance with the City's plans and specifications made therefor, such improvement bein9 estimated to cost the sum of $76,450.34, but the actual cost thereof to be determined by the unit prices contained in said bid applied to the actual quantities of work performed by said bidder, such contract to be upon such form as is approved by the City Attorney. BF. IT FURTHER ORDAINED that the other three bids made to the City for the performance of the aforesaid work be, and said bids are hereby REJECTED, the City Clerk to so notify each other bidder and to express to each said bidder the City's appreciation for the interest displayed in makin9 such bid. BE IT FURTHER ORDAINED that, an emergency existin9' this ordinance be in force and effect upon its passage. ATTEST: APP~OYED 92 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1969. No. 18995. AN ORDINANCE relating to the acquisition of a fee simple title to and a permanent easement in a portion of eight lots of land, all of which were authorized to be acquired by Ordinance No. 18969, relating to the proposed new Mill Mountain Access Road, and providing for the City's acquisition of said interests in land by condemnation; authorizing that the City make motion for the award of an immediate right of entry on said property for the purpose of commencing its work; and providin for an emergency. WHEREAS, certain of the property described in Ordinance No. 18969, being wanted and needed by the City for the construction of the proposed new Mill Mou~ain Access Road, was directed to be acquired by the City upon terms and conditions set out and therein contained and for the specific price stated in said ordinance; and WHEREAS, by virtue of various foreign residences of the several known owners of the property heretofore approved for purchase, and, further, the uncertain state of the legal title of such land, it is not possible to secure a formal deed from all of said owners at an early d~te; and WHEREAS, in accordance with certain agreements entered into between the City and the Commonwealth of Virginia, Department of Highways, it is desired and in- tended by said parties that immediate construction of the proposed new Mill Mountain Access Road be commenced, prior to which it is necessary that the City have acquired a right of entry on the hereinafter described property for the purpose of oonstructi said road; and WHEREAS, for the usual daily operation of the municipal government an emer- gency 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 ~s follows: 1. That the City of Roanoke wants and needs for the purpose of constructing the proposed new Mill Mountain Access Road the following described interest in land, and as the City is unable to secure said interests in land at an early date by deed from the owners thereof, 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 and a permanat easement in certain of the following described lands situate in the City of Roanoke, Virginia, adjacent to Walnut Avenue, S. E., said land being described with reference to the City's Plan Sheet No. 8 for Project 9999-128-102, C-501, viz: Being 1,133 square feet of land in fee simple and a permanent easement in an adjoining 261 square foot area of land, all of which lies on the northeasterly side of Walnut Avenue, S. E., being southerly portions of Lot 44-A, Section 1, and Lots A-1 1, 2, 3, 4, 5 and 6, Section 3, according to the Map of Walnut Hill, and being further designated as Official Nos..4041132, 4041133, 4041134, and 4041135 on the City's Tax Appraisal Map for $75.00. 2. That, in instituting or conducting the condemantion proceeding herein 93 and empowered 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 an immediate right of entry for the purpose of commencing its construction of said street; and the City Auditor, upon request of said City Attorney shall be, and is hereby autbarized and directed to draw and make payment into such court wherein saJ condemnation proceedings may be pending the sum of ~75.00, such sum aggregating the estimated fair market value of respective interests 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: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1969. No. 18996. A RESOLUTION relating to certain proposed amendments to the Roanoke Charter of 1952, as amended. WHEREAS, the Council's Advisory Legislative Committee has recommended that consideration be given to certain amendments of the City's Charter as referred to in report of said committee to the Council made under date of December 22, 1969, and th, Council desires that a public hearing be held before the Council on such proposals. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Clerk do cause to be published, according to law, notice of a public hearing to be held before the Council at its meeting on January 5, 1970, on the proposal that the 1970 General Assembly of Virginia amend the Roanoke Charter of 1952, as amended, to the extent and in the general manner set out or referred to in the report of the Council's Advisory Legislative Committee made to the Council under date of December 1969. ATTEST: .,._..._. , ,. / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1969. No · 18997. AN ORDINANCE providing for the furnishing and delivery of a portable h~k~th~l I +'1 ~ h. ~r. b-o + ..... .4 Coliseum, by accepting certain proposals made to the City for the supply of same certain terms and conditions; rejecting all other bids made to the City; and providin~ for an emergency. WHEREAS, at the meeting of the Council held on December 8, 1969, and after proper adverti~anent had been made therefor, four (4) bids for the sale and delivery to the City and installation of a portable basketball floor, backstops and storage trucks for use in the Roanoke Civic Center Coliseum, hereinafter authorized to be !!!purchased, were opened and read before the Council, whereupon all said bids were refe: 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 tabulati of said bids and has further reported that the equipment hereinafter authorized to be purchased is the lea~ expensive of such equipment which meets or exceeds all of the City's specificati6ns made and required for such equipment; and sufficient funds have been, or' are being appropriated to provide for payment of the equipment hereinafter authorized to be purchased; and WHEREAS, for the usual daily operation o£ the municipal government an emer- gency is deemed to exist in order that this ordinance take e££ect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bi, of DiNatale Floors, Inc., of Boston, Massachusetts, to furnish, sell, deliver and ins in the Roanoke Civic Center Coliseum, f.o.b. Roanoke, Virginia, one (1) new sectional and portable hard maple basketball floor meeting or exceeding the City's specification made for said equipment, for a total net purchase price of $13,450.00, cash, and the bid of Cincinnati Floor Company, Inc., of Cincinnati, Ohio, to furnish, sell and deli to the Roanoke Civic Center Coliseum, f.o.b. Roanoke, Virginia, two (2) new portable, hydraulically operated basketball backstops, for a net purchase price of $3,950.00, cash, and six (6) new steel storage trucks to be used for basketball floor storage for a net purchase price of $600.00, cash, all such equipment meeting or exceeding th City's specifications made for said equipment, be, and said proposals are hereby ACCEPTED; and the City Manager is hereby authorized and directed to enter into the requisite contracts with the successful bidders for the aforesaid new equipment, said contracts to be approved as to form by the City Attorney and to have incorporated the the City's aforesaid specifications, said bidder's proposal, guarantees and warrantie. and the provisions of this ordinance; and upon delivery to the City and said City's acceptance of said new equipment, the proper City officials shall be, and are hereby authorized to make payment to said suppliers the above net purchase prices, not to exceed the sums hereinabove enumerated. BE IT FURTHER ORDAINED that the other bids made to the City for the supply and delivery 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. red ~n all er 'ein 95 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: / ' City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1969. No. 18998. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improvement Fund," of the 1969-70 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 Secti ~89,"Transfers to Capital Improvement Fund," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENT FUND ~t89 Capital Improvement Projects (1) ................. $2,560,842.03 (1) 62-16, Equipment - Net increase ..... $1,007.50 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1969. No. 18999. AN ORDINANCE providing for the purchase and acquisition of one new office safe for the Roanoke Civic Center by accepting the proposal of York Safe g Lock Com- pany, upon certain terms and conditions; and providing for an emergency. WHEREAS, at the Council's meeting held December 8, 1969, and after proper advertisement had been made therefor, two (2) bids, and three (3) alternate bids for the sale to the City and delivery and installation in the Roanoke Civic Center of on new office safe herinafter authorized to be purchased were opened and read before the Council, whereupon said bids were referred to a committee to be tabulated and 96 studied, with report thereon to be made back to the Council; and WHEREAS, said committee has reported in writing to the Council that the specifications of the alternate bid offer a more secure type of safe, recommending that the bid of York Safe & Lock Company, the lowest and in its opinion the best alternate bid, should be accepted, and that sufficient funds have been appropriated to provide for payment of the purchase price of said-safe; 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 York Safe ~ Lock Company to furnish, sell, deliver, £o.b. Roanoke, Virginia, and install in the Roanoke Civic Center one new office safe composed of a rectangula door chest bearing the Underwriters TL 15 Rated Label and a round door chest bearing the Underwriters TRTL 30 Rated Label meeting or exceeding the'City's specifications made therefor, for a total net purchase price of 91,768.00, cash, be and said propos is hereby ACCEPTED; and the City's Purchasing Agent is hereby authorized and directe to issue to York Safe ~ Lock Company the City's purchase order for the aforesaid new safe, incorporating into said purchase order the City's aforesaid specifications said bidder's proposal, guarantees and warranties, and the provisions of this ordi- nance; and upon delivery to the City and said City's acceptance of said new safe, th proper City officials shall be, and are hereby authorized and directed to make requi site payment to said successful bidder of the aforesaid purchase price, not to excee the sum hereinabove set out. BE IT FURTHER ORDAINED that the other bids made to the City for the supply of the aforesaid safe 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 o BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1969. No. 19000. AN ORDINANCE providing for the purchase and acquisition of portable stage and storage trucks for the Roanoke Civic Center Exhibit Hall and Coliseum by accepti the proposal of Virginia School Equipment Company, Incorporated, upon certain terms and conditions; and providing for an emergency. 97 WHEREAS, at the Council's meetin9 held December 8, 1969, and after proper advertisement had been made therefor, five (5) bids for the sale to the City and delivery to the Roanoke Civic Center Coliseum 'of portable stages and four (4) stora9 trucks for handlin9 stages hereinafter authorized to be purchased were opened and read before the Council, whereupon said bids were referred to a committee to be studied, with report thereon to be made back to the Council; and WHEREAS, said committee has reported in writin9 to the Council that the lo~ bid of Virginia School Equipment Company, Incorporated, is the lowest bid, recommend that sid bid should be accepted; and that sufficient funds have been appropriated to provide for payment of the purchase price of the equipment herei halter authorized to be purchased; and WHEREAS, for the usual daily operation of the municipal 9overnment an emer. gency, is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Virginia School Equipment Company, Incorporated, to furnish and deliver f.o.b Roanoke Civic Center Portable stages and storage trucks for handling stages, all of which are manufactured by the ~litchell ~lanufacturing Company, meeting or exceeding the City's specifications made for said equipment, for a total net purchase price of $5,339.29, cash, be, and said proposal is hereby ACCEPTED; and the City's Purchasin9 Agent is hereby authorized and directed to issue to Virginia School Equipment Compan Incorporated, the City's purchase order for the aforesaid new equipment, incorporat i into said purchase order the City's aforesaid specifications, said bidder's proposal guarantees and warranties, and the provisions of this ordinance; and upon delivery to the City and said City's acceptance of said new equipment, the proper City offi- cials shall be, and are hereby authorized and directed to make requisite payment to said successful bidder of the aforesaid purchase price, not to exeed the sum herein- above set out. BE IT FURTHER ORDAINED that all other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby REJECTED; the City Cle to so notify all said other bidders and to express to each the City's appreciation for each said bid. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: / City Clerk Mayor 'k IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1969. No. 19001. A RESOLUTION establishing Friday, December 26, 1969, as a legal holiday for the current year only. WHEREAS, Christmas Day, 1969, falls on Thursday and, accordingly, if the following Friday is made a legal holiday, many of the employees of the City will have four (4) consecutive days for rest, recreation and religious observance, and those other regular employees for the City whose duties necessarily require them to work on that day may, by appropriate arrangement, be similarly~allowed, on some day, eight (8) hours time off as an equivalent holiday. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, for the current calendar year only, Friday, December 26, 1969, shall be observed as a legal holiday for all departments and offices of the Roanoke Municipal Government, sept as may be otherwise provided by law, and except as to such members of the polic fire and other departments of the City who are, by the nature of their duties; re- quired to work on that day and, for such other regular employees, the City Manager shall arrange that each such other employee shall receive eight (8) hours pquivalent time off during the current or next succeeding calendar year. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of December, 1969. No. 18989. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, and Sheet Nos. 274 and 275, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke have: PARCEL NO. 1: BEGINNING at a point on the Easterly side of Westside Boulevard, N.W., said point being corner to the 0.78 acre tract recently conveyed to M N & P Development Corporation;. thence with the line of same, N. 55° 56' 50" E. 124.81 ft. t.o a point; thrace N. 67° 09' E. 40 ft. to a point; thence N. 55° 56-1/2' E. 188.05 feet. to a point; thence N. 740 40' E. 96.05 feet to a point; thence N. 5° 10' E. 130 feet to a point on the southerly side of Woodleigh Road; thence with Woodleigh Road S. 840 50' E. 91.91 feet to a~point; thence with a curved line to the left, whose radius is 40 ft., whose c'hord., bearing and distance is S. 72° 30' E. 70.85 feet to the line of Log 12~ Block 1, according to the Map of Panorama Court; thence with the line of Lot 1'2, S. 830 47' W. 131.37 ft. to a point on the westerly side of Fairview Road; thence with the westerly side of Fairview Road S. 100 21' W. 208.19 ft. to the northerly side of Panorama Avenue; thence with the northerly side of Panorama Avenue, N. 78° 05' W. 370 ft., more or less, to a point where Pano- rama Avenue was officially closed by City of Roanoke Ordinance No. 12582; thence with the line of the officially closed Panorama Avenue, 20 feet more or less, in a southerly direction to a point in the center of Panorama Avenue; thence with the center of Panorama Avenue, N. 78° 05' W. to the place of BEGINNING, being a part of Lots 2, 3, 4, 5, 6 and 7, Section C, according to the Map of Panorama Heights, recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Plat Book 1, page 277, also shown as Official Nos. 2751007, 2751008, 275~009, 2751010, 2751011, 2751012. PARCEL NO. 2: Lot 9, Section A, according to the Map of Panorama Heights, recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Plat Book l, page 277, and being Official Tax No. 2740204. rezoned from RD, Duplex Residential District, to RG-1, General Residential District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to RG-1, General Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and postec as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 22nd day of December, 1969, at 2 p.m., before the Council of tile City of Roanoke, at whic 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, re lating to Zoning, and Sheet Nos. 274 and '275 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the follow'in'g particular and no other, viz.: Property described as follows: PA2CEL NO. 1: BEGINNING at a point on the Easterly side of Westside Boulevard, N. W., and said point being corner to the 0.78 acre tract recently conveyed to M N ~ P Development Corporation; thence with the line of same, N. 55° 56' 50" E. 124.81 ft. to a point; thence N. 67° 09' E. 40 ft. to a point; thence N. 550 56 1/2' E. 188.05 feet to a point; thence N. 740 40' E. 96.05 feet to a point; thence N. 5o~ 10' E. 130 feet to a point on the southerly side of Woodleigh Road; thence with Woodleigh Road S. 84° 50' E. 91.91 feet to a point; thence with a curved line to the left, whose radius is 40 ft., whose chord, bearing and distance is S. 720 30' E. 70.85 feet to the line of Lot 12, Block 1, according to the Map of Panorama Court; thence with the line of Lot 12, S. 83° 47' W. 131.37 ft. to a point on the westerly side of Fairview Road; thence with the westerly side of Fairview Road S. 10o 21' W. 208.19 ft. to the northerly side of Panorama Avenue; thence with the northerly side or Panorama Avenue, N. 78o 05' W. 370 ft., more or less, to a point where Panorama Avenue was officially closed by City of Roanoke Ordinance No. 12582; thence with the line of the officially closed Panorama Avenue, 20 feet more or less, in a southerly direction to a point in the center of Panorama Avenue; thence with the center of Panorama Avenue, N~ 78o 05' W. to the place of BEGINNING, being a part of Lots 2, 3, 4, 5, 6', and 7, Section C, according to the Map of Panorama Heights, recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Plat Book 1, page 277, also known as Official Nos. 2751007, 2751008, 2751009, 2751010, 2751011. PARCEL NO. 2: Lot 9, Section A., according to the Map of Panorama Heights, recorded in the Cl~k's Office of the Circuit Court for the County of Roanoke, Virginia, in Plat Book 1, page 277, and being Official No. 2740204. designated on Sheets 274 and 275 of the Seclional 1966 Zone M~p, City of Roanoke, as Official Tax Nos. 2751007., 2751008, 2751009, 2751010, 2751011, 2751012, and 2740204, bet and is hereby changed from RD, Duplex Residential District, to RG-1, General Residential District, and that Sheet Nos. 274 and 275 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of December, 1969. No. 18990. AN ORDINANCE to amend and reordain Section ~37, "Public Assistance," of the 1969-70 Appropriation Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that Section =37, ~Public Assistance," of the 1969-70 Appropriation Ordinance, be, and the same is here~ by, amended and reordained to read as follows, in part, subject to the approval of the State Department ~ Welfare and Institutions: PUBLIC ASSISTANCE =37 (1) (2) Personal Services 60% (3) .......................... $455,298.50 Fees for Professional & Special Services 60% (4) ................................. 7,500.00 Rentals 60% (5) .................................... 16,000.00 Aid to Dependent Children - WIN 90% (6) ............ 245,000.00 Emergency Relief (7) ............................... 20,000.00 Printing 5 Office Supplies 60% (8) ................. 8,400.00 MOtor Fuel 5 Lubricants 60% (8) .................... 2,100.00 Office Furniture 5 Equipment - New 60% (10) ........ 7,849.00 Percentage stated is portion reimbursed by Commonwealth, except salary of Director is 100% City. (1) (2) and Institutions. (3) Net Increase (4) Net decrease--- (5) Net decrease-- (6) Net decrease-- (7) Net increase .... (8) Net decrease ..... (9) Net increase-- (10) Net increase ........ $40,480.00 Employee Benefits appropriated under Account =13 - Retirements. Subject to. approval of the State Department of Welfare $25,080. O0 5O0. O0 30. O0 35,000.~00 5,000. O0 800. O0 1,250. O0 3,208.00 APPROVE D ATTEST: , , -/// h City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of December, 1969. No. 19002. A RESOLUTION requesting certain amendments to the Roanoke City Charter of 1952, as presently amended. 'WHEREAS, after publication of due notice as provided in ~ 15.1-835 of the Code of Virginia, 1950, as amended, a public hearing was held before the Council on December 29, 1969, at which public hearing citizens were afforded an opportunity to be heard to determine if the citizens of the City of Roanoke desired the Council to request the General Assembly of Virginia to amend said City's Charter in the parti- culars hereinafter provided; and WHEREAS, upon such public hearing and upon mature consideration of all such proposed amendments by the Council, it was determined to be the desire of said citizens and of the Council that the City's Charter be amended by the General Assemb in the particulars hereinafter set out. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the General Assembly of Virginia be, and is hereby urgently requested by the citizens of the City of Roanoke and by this Council to amend, at the 1970 Session of said Genera Assembly, The Roanoke City Charter of 1952, being Chapter 216 of the 1952 Acts of Assembly of Virginia, as from time to time amended, in the following particulars, viz (a) Amend Sec. 2, Ppw~rs of the City, by the addition of a new subsection in said section, to read and provide as follows: (7.1) To own, manage and operate a city auditorium, civic center, coliseum, co vention hall, st.adium, theater, exhibition hall, or combination thereof, or other place of public assembly, and to permit the use of the same by others, upon such terms and for such charges as the council may prescribe; and in order to further the best interests of the public and lead to greater use of any such facilities, to do all things necessary and proper to encourage the use thereof by arranging or engaging shows, plays, exhibitions, performances and all other entertainments of whatsoever nature. Such encouragement may, without limitations as .to other permissible activi- ties, include the expenditure of city funds to promote such activities and to bring notice to the public of entertainments at such public facilities, engaging persons to bring entertainments thereto from which the city may derive income, and the payment of funds to such persons in advance or out of proceeds de.rived therefrom, in connecti therewith; and may include entering into agreements with such other persons guarantee ing minimum sums to be payable to such persons for future performances, provided that at no time shall the aggregate amount of all outstanding guarantees be more than such sum as may be fixed by the council. Notwithstanding any other provision of this charter, the council may appropriate funds to a special or revolving account in orde to engage, advertise and promote any such entertainment and to operate any of the foregoing facilities, and when such fund is created such person or persons as may be 102 designated by ordinance of the council, after providing fidelity bond with corporate surety payable to the city in a penalty not less than the authorized amount of such special or revolving fund~ may signchecks against said fund and expend cash therefrom for any of the foregoing purposes. (b) Amend and reenact subsection (32) of Sect 2t Powers of the city, to read and provide as follows: (32) To make and enforce all ordinances, rules and regulations necessary or expedient for the purpose of carrying into effect the powers conferred by this Charte: or by any general law, and to provide and impose suitable penalties for the violation of such ordinances, rules and regulations~ or any of them, by fine not exceeding one thousand dollars or imprisonment not exceeding twelve months, or both, the city may maintain a suit to restrain by injunction the violation of any ordinance notwith- standing such ordinance may provide punishment for its violation. The enumeration of particular powers in this Charter shall not be deemed or held to be exclusive, but in addition to the powers enumerated herein implied thereby, or appropriate to the exercise thereof, the said city shall have and may exercise a!1 other powers whic are now or may hereafter be possessed or enjoyed by cities under the Constitution and general laws of this state. (c) Amend and reenact Sect 12t Le.qislative proceduret so as to add to the second paragraph of said section the following: Any ordinance introduced and adopted on its first reading at one meeting of the council may be amended and adopted, as amended at the next such meeting or subsequent meeting provided that the amendment does w t materially change the purpose and charac of the proposed ordinance. (d) Amend and reenact Sect 13t Effective date of ordinances and resolutionsl e~er- .qency me.asures~ to read and provide as follows: Section 13. Effective date of ordinances and resolutions; emergency.measures. All ordinances passed by the council shall be in effect from and after ten days from the date of their passage, except that council mayt by the affirmative vote of five-sevenths of its members, pass emergency measures to take effect at the time indi cated therein. An emergency measure is an ordinance or res.olution immed~atel.y pecess in the discretion of council, for the preservatt6~ of th~ public peace, property, health, or safety, or providing for the usual daily operation of the municipal govern ment or of a municipal department, in which measure the emergency shall be set forth and defined in a preamble thereto, or in which measure there is contained a statement of such immediate necessity. Ordinances appropriating money for any such emergency may be passed as emergency measures, but no measure providing for the sale or lease of city property~ or making a grant, renewal or extension of a franchise or other special privilege, or regulating the rate to be charged for its service by any public utility, shall be so passed. All resolutions of the council shall be effective upon passage. er (e) Amend and reenact Sec. ~4, Record and publica$iQn, to read and provide as follows: Section 14. Record and publication. Every ordinance or resolution upon its final passage shall be recorded in a boo kept for the purpose, and shall be authenticated by the signature of the presidinG officer and the city clerk. The city clerk shall assign every ordinance and resolu- tion adopted by the council a permanent serial number. Every ordinance of a General or permanent nature shall be published once, by title, in a newspaper or newspapers of General circulation published in the municipality, within ten days after its fina p~ssaqe, except when other or additiqnal publication be required bY qsner~l law qr directed by the council; and where legally permissible, such publication sh.all be made but once; provided that where any such ordinance is amended, the council may direct that only the amendment or the substance of such amendment be published and such publication shall be a sufficient compliance with this section; and provided, further, that the foreGoinG requirements as to publication shall not apply to ordi- nances reordained in or by a General compilation, codification or recodification of ordinances printed by authority of the council, nor to any ordinance contained in, or reordained or amended byt a General compilation,, codification or recodification of ordinances printed as a code of ordinances, provided that such printed code of ordinances shall not take effect until thrity days after the same shall have been printed in quantity and delivered to and lodged in the office of the city clerk. A record of entry made by the city clerk or a copy of such record or entry duly certified by him shall be prima facie evidence of the terms of the ordinance or any amendment thereof and its due publication, or its receipt in quantity as a printed code of ordinances. Ail ordinances and resolutions of.the council may be read in evidence in all courts and in all other proceedings in which it may be necessary to refer thereto, either from a copy thereof certified by the clerk or from the volume or code of ordi- nances printed by authority of the council. (f) Amend and reenact Sec, 31 Police department, by providinG that the first paragraph of said section read and provide as follows: The police department shall be composed of a superintendent or chief of police and of such officers, patrolmen and other employees as the council may determine. The superintendent or chief of police shall have the immediate direction and control of the said department, subject, however,, to the supervision of the city manager and to such rules, regulations and orders as the said city manager may prescribe. The superintendent or chief of police shall issue all orders, rules and regulations for Government of the whole department. In case of the disability of the superintendent or chief of police during such disability, and the officer so designated, shall serve without additional compensation. The members of the police department shall be appointed and may be removed by the city manager' who shall report each appointment and removal to the council. The council may by ordinance prescribe rules and re~ula. 103 104 tigns Governing the res ideace .or aonresidence of any ar all members of the uolice department. Each member of the police department, both rank and file, shall have issued to him a warrant of appointment signed by the city manager, in which the date of his appointment shall be stated, and such warrant shall be his commission. Each member of the said department shall, before entering upon the duties of his office, take and subscribe an oath before the city clerk that he will faithfully without fear or favor perform the duties of his office, and such oath shall be filed with the city clerk and preserved with the records of his office. And in addition the several officers of the said department shall, if so required by the council, give bond in such penalty and with such security as the council may be ordinance prescribe. *** BE IT FURTHER RESOLVED that the City Attorney do cause to be prepared an appropriate bill, or bills, to be presented to the General Assembly of Virginia for enactment of the aforesaid amendatory legislation, as an emergency measure, or mea- sures; and BE IT FINALLY RESOLVED that copies of this resolution and of said bill, or bills, be transmitted to the City's representatives to the General Assembly, with request that the same be introduced and enacted as herein requested. APPROVED ATTEST: ~ / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of December, 1969. No. 19003. A RESOLUTION requesting the General Assembly of Virginia to amend and re- enact § 58-847 of the Code of Virginia, 1950, as amended, relating to the collection and payment of local levies on property. WHEREAS, the City, for many years, has made provision by ordinance for the payment of taxes assessed on real estat~ in the City in installments, rather than by single payment due on or before the fifth day of December, each year, and the Counci considers it advisable, because of fiscal requirements of the City, to make provision for the payment of taxes assessed on taxable tangibae personal property in the City on some date other than the fifth day of December, each year, such taxes to be, otherwi assessed according to general law. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the General Assembly of Virginia be, and is hereby urgently re~ested to amend, at the 1970 Session of said General Assembly, § 58-847 of the Code of Virginia, 1950, as amended, so that said section, as amended, read and provide as follows: S , § 58-847. Counties, cities and towns may provide for the time or times for collection of taxes; penalties for nonpayment. The governing body of any county or of any city or town in this state may provide by ordinance for the collection of county, city or town taxes or levies on real or personal property, in whole or in part, at such time or times and with such penalties for nonpayment in time as may be fixed by ordinance. Any ordinance heretofore adopted by the governing body of any county, city or town fixing a date earlier than the fifth day of December of any year for the payment of local taxes or levies on personal property and providing penalties for nonpayment of such taxes by such earlier date shall be valid except to the extent of penalties provided in such ordinance, which penalties shall be deemed to have bm incurred by nonpayment of such tax or levy on or before the fifth day of December of the year for which such tax or levy was assessed. BE IT FURTHER RESOLVED that the City Attorney do prepare as emergency legis lation and transmit to the City's representatives in said General Assembly of Virgini a draft of an appropriate bill to accomplish the aforesaid amendment, so that the same may be introduced by said representative and enacted by the General Assembly of Virginia, as herein requested. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of December, 1969. No. 19004. Mayor AN ORDINANCE providing for the purchase and acquisition of 250 banquet tables and 10 storage trucks for the Roanoke Civic Center by accepting the proposal of Krueger Meal Products Co., upon certain terms and conditions; and providing for an emergency. WHEREAS, at the Council's meeting held December 8, 1969, and after proper advertisement had been made therefor, twelve (12) bids for the sale to the City and delivery to the Roanoke Civic Center Coliseum of 250 new banquet tables and ten (10) storage trucks hereinafter authorized to be purchased were opened and read before the Council, whereupon said bids were referred to a committee to be studied, with report thereon to be made back to the Council; and WHEREAS, said committee has reported in writing to the Council that the bid of Krueger Metal Products Co. is the lowest bid, recommending that said bid should be accepted; and that sufficient funds have been appropriated to provide for payment of the purchase price of the equipment hereinafter authorized to be purchased; and WHEREAS, for the usual daily operation of the municipal government an emer- gency is deemed to exist in order that this ordinance take effect upon its passage. 105 106 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Krueger Metal Products Co. to furnish and deliver f.o.b. Roanoke Civic Center 250 new banquet tables with folding legs, Krueger Model NP-8, and 10 new flat storage trucks, Krueger Model KTH-8, meeting or exceeding the City's specifications made for said equipment, for a total net purchase price of $7,572.50, cash, be, and said proposal is hereby ACCEPTED; and the City's Purchasing Agent is authorized and directed to issue to the successful bidder the City's purchase order for the aforesat new equipment, incorporating into said purchase order the City's aforesaid specifi- cations, 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 and directe¢ to make requisite payment to said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out. Big IT FURTHER ORDAINED that all other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby REJECTED; the City Clerk to so notify all said other bidders and to express to each the City's apprecia- tion for each said bid. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of December, 1969. No. 19005. AN ORDINANCE to amend and reordain Section =22, "Commonwealth's Attorney," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Secti =22, "Commonwealth's Attorney," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY ~22 Personal Services (1) ............................ $ 26,295.00 (1) Net decrease Attorney for the Commonwealth Assistant Commonwealth's Attorney Assistant Commonwealth's Attorney Part-time Assistant Case Coordinator Clerk-Stenographer -$795.00 $15,000.00 9,000.00 9,000.00 6,000.00 6,500. OO 5,000.00 Z07 Approved by the State Compensation Board of the Commonwealth of Virginia by letter of December 9, 1969. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of December, 1969. No. 19006. A RESOLUTION relating to the appointment of members of the City's Budget Commiss ion. WHEREAS, agreeable to certain provisions of Section 33 of the Roanoke Charter of 1952, as amended, the Mayor has appointed a Budget Commission composed of the Mayor, the City Manager, the City Auditor and the following-names freehold citizenst qualified in accordance with said Charter provisions, namely, Dr. Roy A. Alcorn, Messrs. John H. Kennett, Andrew H. Thompson and John L. Wentworth, whose duty it shall be to prepare and submit to the Council a proposed annual budget for the ensuing fi.scal year; and WHEREAS, the aforesaid Charter provision requires that the appointment of the freehold citizen members of the Budget Commission be made with the approval of the majority of the members of Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Mayor's appointment of Dr. Roy A. Alcorn, Messrs. John H. Kennett, Andrew H. Thompson and John L. Wentworth as the freehold citizen members of the Budget Commissio,~, pro- vided for in Section 33 of the Roanoke Charter of 1952, as amended, be, and each is hereby approved. ATTEST: City Clerk . APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1970. No. 19007. A RESOLUTION requesting certain amendments to the Roanoke City Charter of 1952, as presently amended. WHEREAS, after publication of due notice as provided in ~ 15.1-835 of the Code of Virginia, 1950, as amended, a public hearing was held before the Council on Il -- ' ' 1I 108 January 5, 1970, at which public hearing citizens were afforded an opportunity to be heard to determine if the citizens of the City of Roanoke desired the Council to re- quest the General Assembly of Virginia to amend said City's Charter in the particulars hereinafter provided; and WHEREAS, upon such public hearing and upon mature consideration of all suc proposed amendments by the Council, it was determined to be the desire of said citi- zens and of the Council that the City's Charter be amended by the General Assembly the particulars hereinafter set out. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the General Assembly of Virginia be, and is hereby urgently requested by the citizens of the City of Roanoke and by this Council to amend, at the 1970 Session of said Genera Assembly, The Roanoke City Charter of 1952, being Chapter 216 of the 1952 Acts of Assembly of Virginia, as from time to time amended, in the following particulars, viz: (a) Amend Sec, 2, Powers of the city, by the addition of three new subsections in said section, to read and provide as follows: (12.1) To acquire, construct, own, maintain and operate, within and witho' the city,, places for the parking or storage of vehicles by the public, which shall include, but shall not be limited to parking lots, garages, buildings and other land, structures, equipment and facilities, any of which may be provided in areas or space above or below public streets, .sidewalks, or other public places, when in the opinion of the council they are necessary to relieve congestion in the use of streets and to reduce hazards incident to such use; provide for their management and control by a department of the city government or by a board, commission or agency specially established by ordinance for the purpose or to provide, by lease or franchise granted by the council, for their manage- ment and control by others than the city, authorize or permit others to use, operate or maintain such places or any portions thereof, pursuant to lease or agreement, upon such terms and conditions as the council may determine by ordinance; and charge or authorize the charging of com- pensation for the parking or storage of vehicles or other services at or in such places. (12.2) To acquire, in any lawful manner, in fee simple or by easement, land and other property and to construct thereon and own, equip, maintain and operate, within and without the city, airports and all the appurtenant thereof and approach zones and clear zones reasonable necessary therefor, including all facilities deemed necessary for the landing, departure, storage and servicing of aircraft; provide for their management and contro by a department of the city government or by a board, commission or agency specially established by ordinance for the purpose; to charge or authorize the charging of compensation for the use of any such airport or any of its appurtenances; lease any appurtenance of any such airport or any concessio~ incidental thereto or, in the discretion of the council, lease any such airport and its appurtenances with the right to all concessions thereon to or enter into a contract or contracts for the management and operation of the same or any one or more of them with any person, firm or corporation on such terms and conditions as the council may determine by ordinance; and to have and exercise all other power and authority with respect to aviation and airports accorded to cities under general law. (12.3) To acquire, construct, own, maintain and operate, within and with- out the city, stadia, arenas, golf courses, swimming pools and other athletic or recreational facilities; provide for their management and con- trol by a department of the city government or by a board, commission or agency specially established by ordinance for the purpose, charge or autho rize the charging of compensation for the use of or admission to any such facility, including charges for any services incidental thereto; to regula the use of the same; to lease, subject to such regulations as may be esta- blished by ordinance, any such aforesaid facility or any concession inci- dental thereto, or enter into a contract with any person, firm or corpora- tion for the management and operation of any such facility, including the right to all concessions incident to the subject of such contract, on such terms and conditions as the council may determine by ordinance. (b) (c) Amend and reenact Sec. 19. General provisions relatin.q to electionsi how elections conducted, so as to read and provide as follows; Sec. 19. General provisions relating to elections; how elections con- ducted. All elections provided for in this Charter, except as otherwise pro- vided herein, shall be conducted, and the result canvassed and certified by the regular election officials provided for by the general election laws of the state and all such elections shall be governed by the general election laws. Amend and reenact Sec, 33, The annual budget, so as to read and provide as follows: Sec. 33. The annual budget. The City Manager, at least sixty days prior to the beginning of each fiscal year, shall submit to the Council a budget for the ensuing fiscal year. It shall be the duty of the head of each department, the judge of each court, each board or commission, including the school board, and each other office or agency supported in whole or in part by the city, in- cluding the commissioner of the revenue, the city treasurer, the city sergeant, the attorney for the Commonwealth and clerk of courts to file with the city auditor by March 15 of each year estimates of revenue and expenditure for that department, court, board, commission, office or agency for the ensuing fiscal year. Such estimates shall be sub- mitted on forms furnished by the city auditor and it shall be the duty of the head of each such department, judge, board, commission, office or agency to supply all the information required to be submitted there- on. The city auditor shall assemble and compile ali such estimates and supply such additional information relating to the financial transactions of the city as may be necessary and present them to the city manager for the timely preparation of the budget. The city manager, with the assistance of the city auditor, shall review the estimates and other data pertinent to the preparation of the budget and make such revi- sions in such estimates as he may deem proper subject to the laws of the Commonwealth relating to obligatory expenditures for any purpose, except that in the case of the school board budget he may recommend a revision in category totals only. The budget submitted to the council shall contain the following: (a) An itemized statement of the appropriations recommended with comparative statements showing appropriations made for the current and next preceding year. (b) An itemized statement of the taxes required and of the estimated revenues of the city from all other sources for the ensuing fiscal year, with comparative statements of the taxes and other revenues for the current and next preceding year, and of the increases or decreases esti- mated or proposed. (c) A fund statement showing a condition of the various appro- priations, the amount of appropriations remaining unencumbered, and the amount of revenues remaining unappropriated. (d) Explanatory text relative to the conditions, reasons, et cetera, connected with the estimates for the ensuing year; also a work program showing the undertakings to be begun and those to be completed during the next year and each of several years in advance. (e) A statement of the financial condition of the city. (f) Such other information as may be required by the council. (g) Such other information as the city manager deems appropriate or advisable. In no event shall the expenditures recommended by the city manager in the budget exceed the receipts estimated, unless the city manager shall recommend new or increased revenues within the power of the city to levy and collect in the ensuing fiscal year. The city manager shall submit to the council with the budget a budget message which shall incorporate the most current statement of the finan- cial condition of the city, shall be explanatory of the budget and shall describe the important features of the budget plan. It shall set forth the reasons for salient changes from the previous year in cost and revenue items. As a part of the budget message, with relation to the proposed expenditures for capital projects included in the budget, the city manager shall include a statement of pending capital projects and 109 '110 (d) (e) (f) proposed new capital projects, relating the respective amounts pro- posed to be raised therefor by appropriations in the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the budget year. Amend and reenact Sec. 34....The annua. 1 appropriation, so~ as to read and provide as follows: Sec. 34. The annual appropriation. Before the end of each fiscal year, the council shall pass an annual appropriation ordinance which shall be based on the proposed budget submitted by the city manager, and shall levy such tax for the ensuing fiscal year as in its discretion shall be sufficient to meet all just demands against the city on any account, subject, however, to the provisions and limitations contained in section 2 and section 33 of this Charter. Amend and reenact Sec, 40. Contracts for public improvements, to read and provide as follows: Sec. 40. Contracts for public improvements; purchases. Any purchase, public work, or improvement, costing more than ten thousand dollars, except as provided in the next succeeding section, shall be executed by contract. All contracts for more than ten thousand dollars shall be awarded to the lowest respon- sible bidder, after pUblic advertisement and competition, as may be prescribed by ordinance. But the city council shall have the power to reject any and all bids and all advertisements shall contain a reservation of this right. Amend and reenact S. ec, 47. Bond issues, to read and provide as follows: Sec. 47. Bond issues; borrowing in anticipation of issuance of bonds. The council may, in the name and for the use of the city, cause to be issued bonds for any one or more of the following purposes, namely: To provide for parks and other recreational purposes, water supply, water works, electric lights or other lighting system, suitable equipment against fire, or for erecting or improving bridges, viaducts, school buildings, jails, city halls, fire houses, libraries, museums, and other public buildings, incinerators, auditoriums, armories, airports and equipment and furnishings for same; hospitals.and clinics, a local bus transportation system to operate on regular schedules; grading, paving, repaying, curbing, or otherwise improving any one or more of the streets or alleys, or widening existing ones; or for locating, instituting and maintaining sewers, drains and culverts, or for any other permanent public improvement; to provide for a revolving fund of not more than five hundred thousand dollars ($500,000.00) for the establishment of a pool of automobiles, trucks and other automotive and movable equipment, provided, that the council shall first establish by ordinance such conditions under which the respective departments, courts, bureaus, boards, commissions, offices and agencies of the city shall have the use of such equipment as will recoup the said fund with- in the estimated life of each class and type of such equipment; pro- vided that no such bonds shall be issued except by ordinance adopted by a majority of all members of the council and approved by the affirmative vote of the majority of the qualified voters of the city voting on the question at an election for such purpose to be called, held and conducted in accordance with an ordinance adopted by the council of the City of Roanoke providing for such elections and for giving due publicity to the same, and also providing by whom and how the ballots shall be prepared and return canvassed, and the result certified; no such bonds to provide for the acquisition of a supply of water to said city and its inhabitants, or for other specific undertaking, from which the city may derive a revenue, as provided in the Constitution of Virginia and Chapter 358 of the Acts of Assembly of 1916, as amended by Chapter 217 of the Acts: of Assembly of 1930, shall be issued except by ordinance adopted by a majority of all members of council and approved by the affirmative vote of the majority of the qualified voters of the city voting on the question at an election for such purpose to be called, held and conducted in accor- dance with an ordinance adopted by the council of the City of Roanoke providing for such elections and for giving due publicity to the same, and also providing by whom and how the ballots shall be prepared and return canvassed, and the result certified; but such bonds shall not be irredeemable for a period greater than thirty-five years. 111 And provided, further, that in no c~se shall the aggregate de~t of the city at any time exceed eighteen per centum of the assessed value of real estate within the city limits, subject to taxation, as shown by the last preceding assessment for taxes, except where bonds are issued for a supply of water to said city and its inhabitants, or for other specific undertaking, from which the City of Roanoke may derive a revenue, as provided in the Constitution of Virginia and Chapter 358 of the Acts of Assembly of 1918, as amended by Chapter 217 of the Acts of Assembly of 1930, Provided, further, that the said council shall not endorse the bonds of any company whatsoever or make the city liable therefor without the same authority. All bonds issued under the provisions of this section shall be authen~ ticated by the manual signature of the city treasurer and shall bear the facsimile signature of the mayor and a facsimile of the seal of the city attested by the facsimile signature of the city clerk. The said bonds shall be sold by resolution of the council and the proceeds used under its direction. Every bond issued by the council shall state on its face for what purpose or purposes it is issued, and the proceeds shall be applied exclusively to the purpose or purposes ~for which such bonds are issued. In anticipation of the issuance of bonds under the provisions of this section or under the provisions of the Public Finance Act of 1958, as from time to time amended, and of the receipt of the proceeds of sale of such bonds, the council may, in the name and for the use of the city, by resolution adopted by the council, cause to be borrowed money for the purpose for which such bonds have been authorized and within the maximum authorized amount of the bond issue. The resolution authorizing any such borrowing shall specify the maximum rate of interest to be paid by the city on such loan, and each such loan shall mature and be paid within five years from the date of its original issue. The city may, in its discretion, retire any such loans by means of current revenues, special assessments, or other funds, in lieu of retiring them by means of bonds, and may, thereafter, provide for the issuance of the maximum amount of bonds that has been authorized without reduction by the amount of such loans retired in such manner. Negotiable notes shall be issued for all moneys borrowed in anticipation of the issuance of bonds under this sectio or of the Public Finance Act of 1958, as amended, and such notes may be renewed from time to time, but all such notes shall mature within the time limited by this section. The issuance of such notes and other details thereof shall be governed by provisions of the resolution or ordinance of the council authorizing such borrowing, not inconsistent with the pro- visions contained in this paragraph. BE IT FURTHER RESOLVED that the City Attorney do cause to be prepared an appropriate bill, or bills, to be presented to the General Assembly of Virginia for enactment of the aforesaid amendatory legislation, as an emergency measure, or measures; and BE IT FINALLY RESOLVED that copies of this resolution and of said bill, or bills, be transmitted to the City's representatives to the General Assembly, with request that the same be introduced and enacted as herein requested. APPROVE D ATTEST: --- /;"City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1970. No. 19010. A RESOLUTION rejecting all bids received for the extension of both ends of Runway 5/23 at the Roanoke Municipal Airport, and directing that the project be re- advertised for bids upon reduced scope. 112 WHEREAS, on December 15, 1969, and after due and proper advertisement had been made therefor, four (4) bids were received and opened by the Council for the extension of both ends of Runway 5/23 at the Roanoke Municipal Airport, which bids were, thereafter, referred to, tabulated and reported by a committee appointed for the purpose, to the Council, after which the Council, upon mature consideration, con- cluded 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 December 15, 1969, for the extension of both ends of Runway 5/23 at the Roanoke Municipal Airport, be and the same are hereby REJECTED; the City Clerk to so notify all said bidders and to express to each the City's appreciation of said bids. BE IT FURTHER RESOLVED that the City Manager do proceed to readvertise for bids for said project, based upon a reduced scope as set forth in detail in the afore said committee's report made to the Council under date of December 23, 1969. ATTEST: /City Clerk APPROVED l~layor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January,' 1970. No. 19011. A RESOLUTION authorizing the performance of certain additional services in connection with subsurface investigation in connection with the proposed replacement of the Norwich Bridge spanning Roanoke River, as heretofore provided by Ordinance No. 18908. WHEREAS, the Council, by Ordinance No. 18908, authorized the employment of certain engineering services necessary in connection with the proposed replacement of the City's Norwich Bridge, specifying in said ordinance the costs to be paid for such services but limiting the cost of subsurface investigation of the area to a sum not exceeding $8,630.00; and WHEREAS, the City Manager, in written report made to the Council on Decembe 1969, recommended that the maximum amount to be paid for such subsurface investiga- tions, consisting, primarily, of test borings, be increased to the sum of $9,600.00, for good reasons contained in said report. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and is hereby authorized to have performed certain additional su.b- surface investigations of the proposed Norwich Bridge site, over and above those re- ferred to in Ordinance No. 18908 of this Council, the cost of all such subsurface in- vestigations, including all test borings, not to exceed the sum of $9,600.00; and 29, 113 Ordinance No. 18908, adopted by the Council on the 6th day of October, 1969, is modified to the aforesaid extent. ATTEST: / /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1970. No. 19012. AN ORDINANCE to amend and reordain Section =89, "Capital Improvement Pro- gram," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectidn "of the 1969-70 Appropriation Ordinance be, and =89, "Capital Improvement Program, , the same is hereby, amended and reordained to read as follows, in part: CAPITAL IMPROVEMENT PROGRAM =89 Capital Imp $ 2 561 812 03 rovements .. .... ............... .... . .... , , . CIP 26, Norwich Bridge, increase $970.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: --City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1970. No. 19013. A RESOLUTION relating to Miss Genevieve Camden, former Social Service Superintendent of the Department of Public Welfare of the City of Roanoke. WHEREAS, Miss Genevieve Camden, completing her twenty-sixth year as a memb and official of the Department of Public welfare of the City of Roanoke, has recentl tendered to the City her notice of retirement as the Social Service Superintendent of such Department of· the City, having, in those years, served us in the capacity of Caseworker and having advanced to her most recent position of Superintendent of Soci Services, and 114 WHEREAS, during her tenure as Superintendent, as theretofore, she has exhi- bited outstanding ability, and sense of personal devotion to the alleviation and pre- vention of human suffering, having participated in the development and refinement of new and better methods of dealing with social problems made necessary by increaseing urbanization and industrialization. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth publicly commend Miss Genevieve Camden for her years of service in the Department of Public Welfare of the City of Roanoke of which, upon her recent retirement, she was the Social Service Superintendent; and this Council extends to her its warmest sense of appreciation, and that of the Citizens of the City, for the exemplary service she has rendered the City and its said Citizens. BE IT FURTHER RESOLVED that the City Clerk do transmit to Miss Camden an attested copy of this resolution on behalf of the Council. APPROVED ATTE ST: ~'k City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1970.' No. 19008. 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. 165, 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 on the north side of Brambleton Avenue, S. W., described as Lots 1 - 4, inclusive, bearing Official Tax No. 1650601, rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land not be rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the pos ted 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 poste, as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 5th day of January, 1970, at 2 p.m., before the Council of the City of Roam ke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and 1!5 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 XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, re latin9 to Zoninq, and Sheet No. 165 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the followin9 particular and no other, viz.: Property located on the north side of Brambleton Avenue, S. W., described as Lots i - 4, inclusive, designated on Sheet 165 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1650601, be, and is hereby, changed from RS-3, Single Family Residential District, to C-2, General Commercial District, and that Sheet No. 165 of the aforesaid map be changed in this respect. A P P R 0 ¥ E D ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1970. No. 19009. AN ORDINANCE to amend Title XV, Chapter 4.1, ~ 2, of The Code of the City of Roanoke, i956, as amended, and Sheet No. 217, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a 0.93 acre parcel of land located on the southeast side of Hershberger Road. N. W. and extending in a southeasterly direction from said road for an approximate distance of 228 feet, described as Hershberger Road Acreage, Official Tax Number 2170102, rezoned from RS-3, Single Family Residential District, to C-l, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RS-3, Single Family Residential District, to C-l, Office and Institutional District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by § 71, Chapter 4.1, Title X¥, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as re- quired and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 5th da of January, 1970, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and 116 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, § 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 217 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: A 0.93 acre parcel of land located on the southeast side of Hershberger Road, N. W., and extending in a southeasterly direction from said road for an approximate distance of 228 feet, de.scribed as Hershberger Road Acreage, designated on Sheet 217 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 2170102, be, and is hereby, changed from RS-3, Single Family Residential District, to C-l, Office and Institutional District, and that Sheet No. 217 of the aforesaid map be changed in this respect. ATTEST: ~ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1970. No~. 19014. A RESOLUTION relating to the Jefferson Hills sanitary sewer project; fixing and approving the amounts to be finally assessed against abutting property owners served by said sewer; and providing for the recordation of 'the amounts of said final assessments in the Judgement Lien Docket in the Clerk's Office of the Hustings Court of the City of Roanoke. WHEREAS, the construction of the public sanitary sewer project to serve properties abutting the same on both sides of Forest Road, S. W., portions of Winding Way Road, S. W., Ogden Road, S. W., Park Lane, S. W., and undeveloped acreage lying ~within an area in the Jefferson Hills area of the City, has been completed and the total cost thereof and the properties to be served thereby have been ascertained; and WHEREAS, on the 12th day of January, 1970, and after notice thereof publish~ in a newspaper having general circulation in the City, once a week for two successive weeks, the last publication having been made at least ten (10) days before the pattie., were cited to appear, the Council conducted a public hearing at the time and place designated in said notice, at which public hearing abutting owners were afforded an opportunity to show cause, if any they could, against the amount of the final assess- ments proposed to be made against said abutting owners, the names of said abutting owners and a description of their properties and the amount of each final assessment having been shoo-in on Schedule "B", published with the aforesaid notice; and d 117 WHEREAS, at the conclusion of said public hearing and upon consideration of the Council committee's report and of all objections thereto made by abutting owners, the Council is of opinion that the apportionment of cost between the City and said owners and the final assessments proposed to be made on each said owner, as contained in Schedule "B", aforesaid, are fair, reasonable, and just, and should be affirmed, ratified, and approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the several individual final assessments made on property owners and their properties abutting on both sides of Forest Road, S. W., portions of Winding Way Road, S..W., Ogden Road, S. W., Park Lane, S. W., and undeveloped acreage lying within an area i in the Jefferson Hills area of said City, as said final assessments are set out in ':[ detail on Schedule "B", on file in the Office of the City Clerk, a copy of which was :[ published as aforesaid, be and the same are hereby approved ratified, and confirmed I as assessments for local improvements made pursuant to the provisions of Article 2, Chapter 7, Title 15.1 of the 1950 Code of Virginia, as amended, with interest to accrue at the rate of six (6) per cent per annum from and after March 1, 1970, on any unpaid final assessment. BE IT FURTHER RESOLVED that the City Clerk do forthwith cause notice of each aforesaid final assessment to be mailed or delivered to each owner whose name appears on Schedule "B", aforesaid; and that said City Clerk, further, do forthwith transmit to the Clerk of the Hustings Court of the City of Roanoke an attested copy of this resolution to which shall be attached an attested copy of Schedule "B", refe] to herein, and said Clerk of the Hustings Court of the City of Roanoke is hereby authorized and directed to enter of record in the Judgment Lien Docket in his office requisite notation showing the amount finally assessed against each said property owner as set out and contained in Schedule "B" aforesaid. ATTEST: City Clerk APPROVE D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1970. No. 19015. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the petition of Junious E. and Lucy J Fuqua, and John C. and Gladys A. Boone to permanently close and vacate a portion of 20th Street, N. E., lying between the South side of Orange Avenue and Purcell Avenue N. E., and extending from Orange Avenue, N. E., in a southerly direction 120 feet, more or less, to the North side of a ten (10) foot alley located in Blocks 19 and 20 Jackson Park, said portion of street lying between lots designated as Official Tax Nos. 3330101 and 3221537. red 118 WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the petition of Junious E. Fuqua, et al, that sad 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 close and vacate a portion of 20th Street, N. E., lying between the South side of Orange Avenue and Purcell Avenue, N. E., and extending from Orange Avenue, N. E., in a Southerly direction 120 feet, more or less, to the North side of a ten (10) foot alley located in Blocks 19 and 20, Jackson Park, in the City of Roanoke, the publication of which was had by posting copies of said notice on the front door off 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 311 Second Street, S. E., all of which is verified by an affidavit of the Sergeant of the City of Roanoke, Virginia, appende to the petition; and WHEREAS, said notices were all posted on the 29th day of December, 1969, and more than ten days prior to the presentation of the said petition; and 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 con- sideration of said petition, that Messrs. A. B. Coleman, Roy L. Mastin, Jr., Fred DeFelice, L. Elwood Norris and George W. Overby, any three of whom may act, be and they hereby are appointed as viewers to view the aforesaid street and to report i writing pursuant to the provisions of the statute above mentioned whether ar not, in their opinion, any, and if any, what inconvenience would result from vacating, discon tinuing and closing said street. ATTEST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1970. No. 19016. AN ORDINANCE to amend and reordain Section ~55, "Engineering," of the 1969- Appropriation Ordinance, and providing for an emergency. ~qHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Seotio~ ~,55~ "Engineering," of the 1969-70 Appropriation Ordinance, be, and the same is hereb amended and reordained to read as follows, in part: 119 ENGINEERING ~55 Operating Supplies & Materials (1) .... Maintenance of Machinery & Equipment i~i [~[~ $4,400.00 900.00 (1) Net decrease-- (2) Net increase ..... ,$1oo. oo ---$1oo. oo, BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ' '"~-City C12rk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1970. No. 19017. A RESOLUTION accepting a grant of funds from the Commonwealth of Virginia for use in payment of the costs of a study of the Roanoke Municipal Airport, under certain terms and conditions. WHEREAS, the Council, by Ordinance No 18953, adopted November 10, 1969, approved the making of a certain Master Plan Study of the Roanoke Municipal Airport and, for that purpose, authorized the City's employment of John Talbert & Associates Inc., Consultants, to make and perform such study at a lump sumcost of $17,500.00 to the City; and WHEREAS, the Commonwealth of Virginia, acting by and through its Division of Aeronautics, has offered to grant to the City the sum of $8,750.00 to be used by the City in payment of one-half of the cost aforesaid, such grant to be made upon the terms and conditions hereinafter set out. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City of Roanoke doth hereby accept the offer of the Commonwealth of Virginia, acting by and through its division of Aeronautics, to grant to the City of Roanoke the sum of $8,750.00, to be used by the City in payment of the $17,500.00 cost of a certain Master Plan Study of the Roanoke Municipal Airport, being made and performed for the City by John Talbert & Associates, Inc., pursuant to the provisions of Ordinance No. 18953, such grant of State funds to the City and the City's acceptance and use there01f to be upon the following mutual convenants and agreements, viz: (a) The Commonwealth grants to the City from public funds of the Common- wealth the sum of $8,750.00, to be used by the City in payment of the cost of certai studies and plans for the construction, maintenance and improvement of the Roanoke Municipal Airport, owned by the City; 120 (b) Said grant shall be fully liquidated in public benefits to the people of the Commonwealth of Virginia within the period ~ twenty years; and (c) In the event the airport owned by the City shall be abandoned, or teas to be used as such, or revert to other use prior to the expiration of said period described in paragraph (b) hereof, the City shall reimburse or refund pro rata to the Commonwealth that proportion of the original amount of said grant which the perto of time elapsing between the. date of said grant and the date said airport shall be abandoned, or cease to be used as ~ch, or revert to other use, bears to the period within which said grant would liquidated in public benefits as defined and described in paragraph (b) hereof. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby authorize to enter into written agreement on behalf of the City with the Commonwealth of Virgin Division of Aeronautics, to the extent and respecting the matters hereinabove provide such agreement to be upon form of agreement prepared by the aforesaid S~te Division of Aeronautics and approved by the City Attorney. BE IT FURTHER RESOLVED that the City Clerk do furnish to the City Manager attested copies of this resolution, to be transmitted to the Commonwealth of VirgAia Division of Aeronautics. ATTEST: ~ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 12th day of January, 1970. No. 19018. AN ORDINANCE authorizing the City Manager to enter into agreement ;with Appalachian Power Company extending, for a period of six (6) months from December 31 1969, the contracts for providing street lighting and electric power, at the same rates and upon the same terms and conditions as are prevailing under the present contracts for such services; and providing for an emergency. WHEREAS, pursuant to authority of ~the Council heretofore given, the City entered into lO-year contracts commencing January 1, 1960, with Appalachian Power Company, under date of December 7, 1959, providing for street lighting and the suppll to the City of electric power, at such rates and upon such terms and conditions as are more particularly set forth in such contracts; and it having been reported to the Council that the aforesaid contracts for services have, by their own terms, expired as of December 31, 1969, and the parties to such contracts are desirous of maintaining the contractual relationships heretofore existing for an additional period of six (6) month; and at 121 WHEREAS, for the usual daily operation of the Municipal government, an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to enter into agreement, approved as to form by the City Attorney, with Appalachian Power Company, extending for a period of six (6) months from December 31, 1969, the contracts with said company providing street lighting and elctric power to the City at the same rates and upon the same terms and conditions as are prevailing and contained in the present contracts for such services, which contracts expired on December 13, 1969. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1970. No. 19019. A RESOLUTION approving the City Manager's employment of a Planning Directo at an annual salary rate of $16,000.00. WHEREAS, this Council is advised that the City Manager has filled, effec- tive February 2, 1970, the position of Planning Director of the City of Roanoke, suc persons to be compensated at an annual rate as hereinafter provided, in which action of the City Manager this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby approve and concur in the employment by the City Manager of the City of Roanoke of Lothar Mermelstein as Planning Director for said City, effective as of February 2, 1970, said Director to be compensated at an annual rate of $16,000. O0 ATTEST: APPROVED Mayor 122 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1970. No. 19020. "Co AN ORDINANCE to amend and reordain Section ~22, mmonwealth's Attorney, of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City o£ Roanoke that Secti ~22, "Commonwealth's Attorney," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY ~22 Printing and Office Supplies (1) .................. $640.00 (1) Net increase ..... $225.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ty Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1970. No. 19021. AN ORDINANCE to amend and reordain Section ~21000 - "Schools'- Manpower Development and Training Act," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Secti. ~21000 - "Schools - Manpower Development and Training Act," of the 1969-70 Appr0pria. tion Ordinance, be, and the same is hereby, amended and reordained to read as follow: in part: SCHOOLS - MANPOWER DEVELOPMENT AND TRAINING ACT ~21000 $32,727.92 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. AT TEST: / City Clerk APPROVED Mayor in n 123 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January,. 1970.~ No. 19022. AN ORDINANCE to amend and reordain Section ~89, "Capital Fund," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectia =89, "Capital Fund," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL FUND ~89 CIP 44 CIP 46 Hurt Park Addition decrease ....................... CIP 47 West Side Addition decrease ....................... CAP 67-2 Booker T. Washington Addition decrease ............ CAP 67-3 Breckinridge Addition decrease .................... CIP 43 Wm. Fleming Addition increase ..................... CIP 45 Monterey Addition increase ........................ Fairview 4ddition decrease ........................ $ 260.93 338.05 191.73 2,019.33 356.06 176.31 2,989.79 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: / / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1970. No. 19023. AN ORDINANCE to amend and reordain Section =59000, "Schools - Kindergarten Follow-Up Study," of the 1969-70 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 Secti( "of the 1969-70 Appropriation Ordi- "Schools - Kindergarten Follow-Up Study, #59000, nance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - KINDERGARTEN FOLLOW-UP STUDY ~59000 $3,025.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall b, in effect from its passage. ATTEST: APPROVED 124 IN THg COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January~ 1970. No. 19024., AN ORDINANCE to amend and reordain Section =23, "Sergeant," of the 1969-70 Appropriation Ordinancet and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is.declared to exist. THEREFflRE, BE IT ORDAINED by'the Council of the City of Roanoke that Secti ~23, "Sergeant," of~the 1969-70 Appropriation Ordinance, bet and the same is hereby, amended and reordained to read as ,follows, in part: SERGEANT ~23 I~sura~e (1) (2).. .................................... $903.00 (1) Not increase --$103.00 (2) Subject to approval of State Compensation Board BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1970. No. 19025. A RESOLUTION stating the Council's present intent with respect to appoint- ments to the City's Air Pollution Control Advisory and Appeal Board. WHEREAS, suggestion has been made to the Council that certain additional restrictive qualifications be recognized by the Council in its appointment of member~ to the City's Air Pollution Control Advisory and Appeal Board provided for in Seotio 4, Advisory and Appeal Board, of Chapter 5,1, Air Pollution Control, Title XV of the Code of the City of Roanoke as amended, in which suggestion this Council concurs. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that it is the present intent of this Council that, in the appointment of members of the Air Pollution Control Advisory and Appeal Board provided for in Section 4, Chapter 5.1, Air Pollution Control, of Title XV of the Code of the City of Roanoke, as amended, such appointees shall possess all of the qualifications set out in subsection b.3. of Section 4, aforesaid, and, in addition, shall not be an "owner" or have any inter~ 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 Ch~ ter. APPROVED !25 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1970. No. 19026. A RESOLUTION with reference to administration of certain provisions of Section 49 of the Comprehensive Zoning Ordinance-1966, adopted August 29, 1966, as relates to application for certificates of occupancy for nonconforming uses. WHEREAS, it has come to the attention of this Council that, again and despite the extensions of time provided for in Resolution Nos. 17283, 17775, 18304 and 18871, there appear to be owners upon whom some hardship may result by enforcement of the requirement of Section 49 of the Comprehensive Zoning Ordinance-1966, modified by the aforesaid resolutions, whereby the owner or occupant of a use made nonconforming by said ordinance must must have made application to the Zoning Administrator for a certificate of occupancy within three months from August 29, 1966. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it is the sense of this body that the owner or occupant of property the present use of which was made nonconforming by the enactment of August 29, 1966, of the Comprehen- sive Zoning Ordinance-1966, shall have until February 3, 1970, to make application to the Administrator for the certificate of occupancy provided for in Section 49 of said ordinance. BE IT FURTHER RESOLVED that the City Clerk transmit forthwith an attested copy of this resolution to the Zoning Administrator. A P P R 0 V E D ATTEST: / City Clerk ~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1970. No. 19027. AN ORDINANCE accepting a certain bid for the supply to the City of one new 25-mi$1ion gallon booster pump for insttlation in the City's Boxley Hills Pumping Station, and authorizing the award of a requisite contract therefor; and providing for an emergency. WHEREAS, on December 22, 1969, and after due and proper advertisement had been made for bids, a single bid for the supply to the City of the electric booster pump hereinafter mentioned was duly opened and read, and thereafter, a committee authorized by the Council appointed for the purpose studied said bid for the purpose of making report and recommendation to the Council thereon; and WHEREAS, the aforesaid committee has made written report to the Council under date of ganuary 19, 1970, and has recommended acceptance of the proposal as 126 hereinafter provided; and the Council, considering all the same, has determined that the bid hereinafter accepted is the best and only bid meeting all of the City's specifications for the supply of said equipment, and should be accepted, funds suffi- cient to pay for the purchase price of said equipment having been appropriated for the purpose; and WHEREAS, for the usual daily operation of the municipal government an emer- gency is declared to exist in order that this ordinance take effect upon its passage THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Sydnor Hydrodynamics, Incorporated, of Richmond, Virginia, for the supply to the City, f. o. b., Boxley Hills Pumping Station, Roanoke, of one new 25-million gallon electric-powered booster pump, in full accordance with the City's specifioati made therefor and with said bidder's proposal, for a purchase price of $40,330.00, b. and said bid is hereby ACCEPTED; and that the City Manager be, and he is hereby authorized and directed to enter into requisite written contract with the aforesaid supplier in accordance with the aforesaid proposal, the City's specifications made for the supply of said pump, and the provisions of this ordinance, said contract to be upon form approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: Cit~ Clerk Ma~or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 19th day of January, 1970. No. 19028. AN ORDINANCE to amend and reordain Section ~23, "Sergeant," and Section ~26, "Jail," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Sergeant," and Section ~26, "Jail," of the 1969-70 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SERGEANT =23 Personal Services (1) ............................. $30,511.92 (1) Alfred E. Claytor $6,000.00 Robert L. Guilliams $5,425.00 Edward L. Lambert $6,000.00 ns 127 JAIL ~26 Personal Services (2) ............................. $39,387.49 (2) Lewis L. Myers Michael E. Ames Lednard W. Booze Claude S. Gauldin, Jr. Jerry J. Hayes Lewis E. Logwood, Jr. Melvin R. Lynch Charles V. Morehead-- Paul L. Routt, Jr. Richard M. Sink ...... Dorothy M. Epperly Ruby K. Tingler-- -$5 425. O0 -$5 425. O0 $5 425. O0 $6 000. O0 $5 425. O0 $5 425. O0 $5 425. O0 $5 425. O0 $5 425. O0 $5 425. oo $4 500. oo $5 1 oo. oo BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED AT TE ST: / ' City Clerk Mayor IN THE COUNCIL OF THE CITY OF itOANOKE, VIkGINIA, The 19th day of January, 1970. No. 19029. A RESOLUTION offering to amend the City's contract of September 28, 1954, with the County of Roanoke, relative to the transmission and treatment of certain sewage and acceptable wastes, by adding thereto a certain 44.39 acre area of land, the property of the County School Board of Roanoke County, upon certain terms and provisions. WHEREAS, the Board of Supervisors of Roanoke County, did, by resolution adopted November 12, 1969, request the City to accept sewage and wastes originating in a certain 44.39 acre area of Roanoke County, described as the property of the County School Board of Roanoke County, said area being described by metes and bounds in said resolution, proposing that such sewage and wastes be transmitted and treated by the City subject to the terms and conditions of the contract of September 28, 1954, between the parties, as revised by this Council's Resolution No. 17803; which said proposal was duly referred to a committee of the Council which has made report to the Council under date of January 12, 1970; and WHEREAS, said committee having found that the City's present sewer lines appear to be of sufficient capacity to carry the loads anticipated to be generated by said new area without undue loading of said lines, has recommended that the City offe to transmit and treat the sewage and acceptable wastes from said new area under the 9eneral terms and provisions of the existin9 contract of September 28, 1954, between the City and said County, provided said County agree to pay to the City for trans- mittin9 and treatin9 the sewage and wastes from said new area a charge to be determined by the formula hereinafter provided, such charge from said new area to be adjusted annually on the basis of such formula. 128 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth hereby offer to accept for transmission and treatment acceptable domestic and commercial wastes from the following desori, bed area of Roanoke County, the property of the County School Board of Roanoke County, viz: BEGINNING at a point and said point being the north corner of the boundary of Glen Cove S~bdivision as .recorded in Plat Book 5, Page 4 of the records of the Clerk's .Office for the Circuit Court of Roanoke County,. and said point being on the boundary of Lot 5, Block 1, of the aforesaid Glen Cove Subdivision boundary and with the lines of W. T. Slusher, Leo G. Painter and Melvin G. Clark the following bearings and distances: N. 15° 55' E., 395.3 feet; N. 47° 28' W., 422.0 feet; N. 44° 01' W., 330.08 feet, and N. 48° 59' W., 724.0 feet to a point; thence with a line leaving th.e Clark boundary and with the center line of Ponderosa Drive (Virginia Secondary Route 1719) S. 51° 16' W., 877.16 feet to a point on the center line of Cove Road (Virginia Route 116); thence with the center line of Cove Road the following bearings and distances: S. 31° 38' E., 272.00 feet; S. 18° 21' E., 1,017.00 feet, and S. 31° 49' E., 264.10 feet to a point on the center line of the aforesaid Cove Road; thence with a line leaving the aforesaid Cove Road and with the line of Johnny L. Tucker and the northwest boundary of the aforesaid Glen Cove Subdivision N. 62° 22' E., 1,227.03 feet to the point of BEGINNING, and being a boundary description of the 44.39 acre tract formerly owned by Valleydale Packers, Inc. and now owned by the County School Board of Roanoke County, Virginia, as shown on plat dated November 12, 1969, prepared by Roanoke County Public Service Authority, a copy of which plat is on file in the Office :of the City Clerk; there to be provided by said County adequate metering facilities for measuring the quantity of wastes delivered to the City from said new area, and the rate of charge to be made by the City for accepting and treating wastes from such area to be determined by application of'the following formula: Rate of Charge, ) by million ) gallons of ) wastes ) (City's general expense (of Sewage Treatment Plant (operations, including (depreciation thereon and = (interest on bonded X (indebtedness of plant and (interceptor lines Twenty Percent (2o~) Total sewage flow into treatment plant in millions of gallons which said rate of charge currently amounts to $60.62 per million gallons, but which shall be redetermined and adjusted in accordance with the foregoing formula as of July 1, 1970 and annually thereafter during the term of the aforesaid contract of September 28, 1954, the aforesaid formula having been set out in Resolution No. 18689 of this Council, adopted April 28, 1969; all other terms and provisions of the afore- said contract of September 28, 1954, to be made applicable to the transmission and treatment of wastes from said new area. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit an atteste¢ copy of this resolution to the Honorable Charles H. Osterhoudt, Chairman of the Board of Supervisors of Roanoke County; and be it further provided that upon adoption by said Board of Supervisors of a resolution approving and accepting the City's offer herein contained upon the terms herein set out, the aforesaid contract between the City of Roanoke and the County of Roanoke dated September 28, 1954, shall be amended o the extent provided herein as to the aforesaid new 44.39 acre area. APPROVED ATTE ST: ~ 129 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1970. No. 19030. A RESOLUTION authorizing the City's acceptance :from the City of Salem, for transmission and treatme.t, acceptable sewage and wastes :from a certain 8.82 acre area of Roanoke County, west of the City of Salem, identified as Area "C-I", upon certain terms and conditions; deleting from the terms of the contract dated October 16, 1953, between the City of Roanoke and the Town of Salem, now the City of Salem, a certain 8.82 acre area identified as Area "C" as described in Resolution No. 12949 and, to the extent provided herein, amending the contract of October 16, 1953, between the City of Roanoke and the Town of Salem, now the City of Salem, dealing with the treatment of certain domestic and commercial wastes. WHEREAS, the City has been requested, by Resolution No. 47 of the Council of the City of Salem, adopted November 24, 1969, to permit the City of Salem to accept from an 8.82 acre area of Roa.oke County hereinafter described as Area "C-i" certain sewage and wastes for delivery to the City of Roanoke for transmission and treatment under the terms of the contract of October 16, 1953, entered i,to between the City of Roanoke and the Town of Salem, now the City of Salem, Section I. C. of said contract making provision for such request, and to delete from the terms and effect of said contract another 8.82 acre area in said County described as Area "C, in Resolution No. 12949 of this Council, heretofore adopted; and this Council's committee studying said request has,in report made to the Council under date of January 12, 1970, recommended that the 8.82 acre new area so proposed be accepted by the City for treatment, but upon the further conditions and provisions hereinafte set out if the same be found agreeable with the City of Salem; in all of which recommendations the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Rounoke that said City doth hereby offer and, if such offer be accepted by the City of Salem, agree to accept from the City of Salem for transmission and treatment under the terms of the contract dated October 16, 1953, between the Town of Salem, now the City of Salem, and the City of Roanoke, acceptable domestic and commercial wastes originating in the following described 8.82 acre area in the Salem Magisterial District of Roanoke County, as the same is set out and described as Area "C-i" in Resolution No. 47 of the Council of the City of Salem, adopted November 24, I969, and said area being bounded and described as follows: AREA "C-I" BEGINNING at a highway concrete monument at the intersection of the northerly right-of-way line of Interstate Highway No. 81 with the westerly right-of-way line of Secondary Highway No. 641; thence with the northerly right-of-way line of the Interstate Highway S. 74° 17-1/2' W. 304.20 feet to a point at the south- easterly conrner of the property conveyed to Fralin and Waldron, Inc. by Jackson Hills Corporation; thence leaving the highway 13 0 and with the property of Fralin and Waldron, Inc. the following six bearings and distances: N. 65° 22' W. 72.96 feet, N. 49° 22' W. 192.19 feet, N. 40° 51' W. 132.07 feet, N. 39© 22' W. 99.08 feet, N. 35° 51' W. 60.75 feet, and N. 36° 37' W. 269.36 feet to a corner fence post; thence with the southerly line of the property of O. A. Scott N. 79° 01-I/2' E. 756.21 feet to an iron stake on the westerly right-of-way line of Secondary Highway No. 641, 25 feet from the center of the highway; thence with said right-of-way line, running parallel to and 25 feet distant from the centerline S. i1° 02-1/2' E,, passing a highway concrete monument on line at 26.00 feet, in all a total distance of 126.00 feet to a point; thence S. 0° 17-1/2' W. 101.96 feet to a point, 45 feet westerly from the center of the highway; thence continuing with the right-of-way line S. 11° 02' E. 441.63 feet to the point of Beginning, containing 8.62 acres, as shown by Plat made by David Dick and Harry A. Wall, Civil Engineers and Surveyors, dated July 29, 1966; provided, (a) there shall be provided or caused to be provided by the City of Salem adequate metering facilities for measuring the quantity of such wastes from said new area, agreeable to the City Manager of the City of Roanoke; (b) that the cmtent and quality of wastes from the aforesaid area so accepted by the City of Roanoke for transmission and treatment be subject to the provisions of Paragraph l(b) of Resolution No. 12949 of the Council of the City of Roanoke, adopted December 26, 1956 and (c) that the rate of charge to be made by the City of Roanoke to the City of Salem for accepting and treating wastes from such 8.82 acre area be determined by application of the following formula: Rate of Charge per million gallons of wastes General expense including depreci- ation and interest on indebtedness X percentqge increment Total sewage flow in millions of gallons DEFINITIONS: General Expense - Actual cost of operation and maintenance of the sewage treatment and interceptor facilities, includ- ing the following items of cost: personal services, station- ery and office supplies, postage, telephone and telegraph, insurance and bond premiums, automotive, travel, supplies, fuel, electricity, water, repairs, Workmen's Compensation Insurance premiums, management, engineering, legal, treasury, accounting, billing, employees' retirement, hospitalization and Social Security as paid by city and miscellaneous expenses. Depreciation - The depreciation of the existing facilities, including interceptors, pumping stations and treatment plant shall be determined annually and applied in the formula. Interest - Interest payments determined annually on indebt- edness, both long-term and short-term, on existing and in- use facilities, including interceptors, pumping stations and treatment plant. Percentage Increment - General expense, depreciation and interest on indebtedness shall be determined for the pre- ceding year to the year of billing. This total as used in any year and computed from the preceding year shall be in- creased or decreased by a percentage determined as the average of the percentage of increase or decrease of such total from year to year over the preceding five years in- clusive of the year immediately preceding the year in which the determined rate is to apply. Total Sewage Flow - The total input of sewage from all sources to the sewage treatment plant of the city; which said rate of charge for the year ending June 30, 1969, would have resulted in a charge of $60.62 per million gallons, but which rate, for the purpose of this resolution shall be determined and adjusted in accordance with the foregoing formula 131 as of July 1, 1970, and annually thereafter durin9 the term of the aforesaid contract of October 16, 1953; all other terms and provisions of the aforesaid contract to be made applicable to the transmission and treatment of wastes from said new area. BE IT FURTHER RESOLVED that this Council doth agree that the aforesaid contract dated October 16, 1953, between the two municipalities be further amended by deleting from the terms and effect thereof all that certain 8.82 acre tract or parcel of land located in Roanoke County, Virginia, identified between the parties as Area "C" and set out and described in Resolution No. 12949 of this City Council. BE IT FINALLY RESOLVED that the City Clerk do forthwith transmit an attested copy of this resolution to the Council of the City of Salem in care of the Honorable E. P. Hart, Mayor of the City of Salem; and that upon adoption by said Council of the City of Salem of a resolution approving and accepting the terms of the City's offer and proposal herein contained, the aforesaid contract between the City of Roanoke and the Town of Salem, now the City of Salem, dated October 16, 1953, shall be amended to the extent provided herein. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF' THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1970. No. 19031. A RESOLUTION proclaiming February 6, 1970, as Wonju Day. WHEREAS, this Council has heretofore instituted a sister city relationship with the City of Wonju, Republic of Korea; and WHEREAS, in furtherance of this affiliation there have been cultural ex- changes and visits by citizens of the two cities; and WHEREAS, similar observances have been successfully conducted three times in recent years; and WHEREAS, the Roanoke public schools 'are planning a week of emphasis on study of the Orient and Korea; and WHEREAS, the City of Wonju is planning to observe ROANOKE DAY in recogni- tion of this alliance; and WHEREAS, The International Municipal Cooperation Committee of Roanoke, Virginia, Inc., a corporation formed by citizens of their city interested in fur- thering a people-to-people program in the interest of international understanding, h proposed the proclamation of February 6, 1970, 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 I32 February 6, 1970, 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 between City and the City of Wonju, Republic of Korea, and between our two republics. BE IT FURTHER RESOLVED that an attested copy hereof be appropriately trans- mitted to the Honorable Kim Hyon9 Won, Mayor of the City of Wonju. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1970. No. 19032. A RESOLUTION confirming the appointment of Mrs. Mary F. Parker as Deputy city Clerk. WHEREAS, the City Clerk did, on January 22, 1970, in conformity with Sectio 24 of the Roanoke City Charter of 1952, appoint Mrs. Mary F. Parker as the Deputy City Clerk of the City of Roanoke, to be effective as of the first day of February, 1970, in which appointment this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the~ appointment on January 22, 1970, by the City Clerk of Mrs. Mary F. Parker as the Deputy City Clerk of the City of Roanoke, to be effective as of February 1, 1970, be, and said appointment is hereby, approved, ratified and confirmed. APPROVED ATTEST: city Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1970. No. 19033. AN ORDINANCE to amend and reordain Section =320, "Water-General Expense," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio =320, "Water-General Expense," of the 1969-7(~ Appropriation Ordinance, be, and the same i's hereby, amended and reordained to read as follows, in part: 133 WATER-GENERAL EXPENSE ~320 Date Processing (1) .......... . ..................... $28,000.00 (1) Net increase ---$13,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ,, ' City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1970. No. 19034. AN ORDINANCE to amend and reordain Section =62, "Snow and Ice Removal," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =62, "Snow and Ice Removal," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SNOW AND ICE REMOVAL =62 Operating Supplies and Materials (1) ............................... $27,840.00 (1) Net increase ........ $7,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1970. No. 19035. AN ORDINANCE authorizing and providing for the amicable compromise and settlement of a certain claim asserted against the City, a:rising from the constructio of improvements to the City's public water supply system; amending, to the extent provided herein, Ordinance No. 18856, heretofore adopted August 18, 1969; and providing for an emergency. 1'34 WHEREAS, the Council heretofore authorized, by provisions contained in Ordinance No, 18856, adopted August 18, 1969, a method of settlement of a certain claim asserted against the City by Mrs. P. C. (Louvenia) Lee following construction of the City's Tinker Creek diversion tunnel, by authorizing the construction of a well to replace water from a certain spring used by the claimant; and WHEREAS, pending arrival at agreement upon the manner of constructing said well, Mrs. P. C. Lee, through her attorney, has offered to accept from the City the sum of $3,500.00, cash, in full settlement of any and all claims she may have against the City for alleged loss of said spring and of the water flowing therefrom and to execute to the City a proper form of release sufficient for recordation; and the City Manager has recommended that such offer be accepted; and WHEREAS, funds sufficient for payment of the aforesaid amount have been appropriated by the Council for the purpose and, for the usual daily operation of th, City's Water Department, the Council 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 the City hereby accepts the offer of Mrs. P. C. (Louvenia) Lee to settle' for the sum of $,3,500.O0, cash, to be paid by the City, the claim asserted against the City for damage to a certain spring and property rights, said spring being situate upon pro- perty of one D. C. Woody, in Botetourt County; and the City Auditor is hereby authorized and directed, upon delivery to the City of a good and sufficient release, approved as to form and execution by the City Attorney, from any and all claims whic the said Mrs. P. C. Lee may have or assert against the City in connection with the damage or loss of a certain spring and to the waters therefrom, situate on property owned by D. C. Woody, on Tinker Mountain, in Botetourt County, Virginia. BE IT F'URTHER~ORDAINED that Ordinance No. 18856, adopted August 18, 1969, relating to the City's compromise settlement of the above and another such claim, be and is hereby amended and modified to the extent provided herein. AT TE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1970. No. 19036. A RESOLUTION authorizing issuance of revocable, non-transferable permission to the Church of God to temporarily park and maintain a classroom trailer upon premi located at 1907 and 1913 Williamson Road, N. E., upon certain terms and conditions. WHEREAS, application has been made to the Council by the Church of God for permission to park and maintain, upon a temporary basis, a classroom trailer of the S ~S 135 dimensions of twelve feet x fifty-one feet upon premises located at 1907 and 1913 Williamson Road, N. E. for the stated reason that said Church's existin9 Sunday School facilities have proven temporarily inadequate for the purpose; and this Council is agreeable to said Church's request and is willing to permit the maintenance of such trailer upon the aforesaid premises for the time and upon the terms and conditi(ns herein contained. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Commissioner of Buildings be and is hereby authorized to issue permit to the Church of God to park and maintain, for a period of no longer than one year from the date o adoption of this resolution, a trailer havin9 dimensions of twelve feet x fifty-one feet, such trailer to be used exclusively for the purpose of conductin9 Sunday Schoo classes, only, upon premises described as Lots 7 and O, Block 3, accordin9 to the Oakland Map, located at 1907 and 1913 Williamson Road, N. E., and bearin9 Official Nos. 3110207 and 3110208, respectively, and the permit herein authorized to be issue to be non-transferable and revocable at the will of the City Council, and, further, the exercise of the privileges authorized by such permit to be properly accomplished and said trailer maintained at the expense of said permittee in accordance with such of the City's zonin9 and other 9eneral regulations and requirements as may reasonsab]y be made applicable thereto. BE IT FURTHER RESOLVED the the City Clerk do transmit an attested copy of this resolution to the Commissioner of Buildings and to the Reverend James A. Stephens, Pastor of The Church of God. APPROVED ATTEST: ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1970. No. 19037. " of "Public Assistance, AN ORDINANCE to amend and reordain Section ~37, the 1969-70 Appropriation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal 6overnment of 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 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE ~37 Aid to I~pendent Childre (3) ''''''''''''''''n 2,192,800.00 Aid to Dependent Children (WIN) (4) ......... 145,000.00 Aid to Permanently and Totally Disabled. (5) ................................. 401,300.00 136 (1) Net increase--- (2) Net decrease--- (3) Net increase .......... (4) Net decrease ................ (5) Net increase-- .... $16,000.00 50,000. O0 -670,000. O0 100,000. O0 62,000. O0 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ':/'--':-- ' "m '--/: It / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1970. No. 19038. A RESOLUTION concurring in the granting of a scholarship to Daniel Jones in the amount of $2,500.00 by the State Library Board from funds allocated to the City of Roanoke for fiscal year 1969-70. BE IT RESOLVED by the Council of the City o£ Roanoke that this 'Council doth hereby concur in the grant of a scholarship to Daniel Jones in the amount of $2,500.00 by the State Library Board from funds allocated to the City of Roanoke for fiscal year 1969-70. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1970. No. 19039. AN ORDINANCE to amend and reordain Section =80, "Libraries," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio =80, "Libraries," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIBRARIES ~80 Operating Supplies and Materials (1) ................. $102,500.00 (1) Net decrease ........ $2,500.00 BE IT FURTHER ORDAINED.that, an emergency existing, this Ordinance shall be in effect from its passage. A P P R 0 V ED 137 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1970. No. 19040. A RESOLUTION holdin9 in abeyance certain requests for extension of the City's sewage treatment services to certain areas in Roanoke County, WHEREAS, by resolution adopted March 26, 1969, by the Board of Supervisors of Roanoke County the City was requested to accept for transmission and treatment of sewage and wastes, under the terms of the September 28, 1954, contract between the parties, sewage and wastes originatin9 in two (2) certain additional areas of Roanok County, Area No. 1, as described in said resolution, stated to contain 240 acres, and Area No. 2, as described in said resolution, containin9 49.6 acres; and the aforesaid request, alon9 with other similar requests, was referred to the Council's Sewage Committee for study and recommendation to the Council; and WHEREAS, said committee, recommendin9 the City's consent to its acceptance of sewage and wastes from certain other areas outside the corporate limits of the City has,, in written report made to the Council dated January 12, 1970, recommended that the City's approval of acceptance of wastes from the 240-acre Area No. 1, afore said, should be held in abeyance pendin9 further investigation of the meterin9 arran, e- merits and review with the County of its provision of meterin9 equipment that would consistently record volume flow, and that its acceptance of wastes from the 49.6-acr~ Area No. 2, aforesaid, should, likewise, be held in abeyance pending further study by the parties and possible agreement upon an alternate method of delivering sewage and wastes from said area to the City and an alternate point of delivery of said wastes, in which recommendations of its committee the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the request contained in Resolution of the Board of Supervisors of Roanoke County adopte March 26, 1969, that the City accept for transmission and treatment sewage and waste from a 240-acre area in Roanoke County, described in said resolution as Area No. 1, and from a 49.6-acre area described as Area No. 2, be for the time being, held in abeyance by this Council, for the reasons hereinabove recited and as contained in the report of this Council's committee made under date of January 12, 1970; and the property City officials are hereby authorized and directed to cooperate with and assist officials of said County in further studies and proper solution of the pro- blems pointed out by said committee. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit to the Board of Supervisors of Roanoke County, in care of the Clerk of said Board, an attested copy of this resolution, to which shall be attached a copy of the written report of this Council's Sewage Committee made under date of January 12, 1970. APPROVED ATTEST: City Cler~ Mayor 138 IN THE COUNCIL OF THE CITY OF' ROANOKE, VIRGINIA, The 26th day of January, 1970.. No. 19041. A RESOLUTION authorizing issuance of a permit for the construction of a 25' x 39' addition to an existing building with a 5' canopy on Official No. 2060633 on the west side of Liberty Road, N. W., within the major arterial highway setback area heretofore established for said street. WHEREAS, Claude N. Smith and Madeleine B. Smith, owners of the property hereinafter described, have requested permission to construct on said 'property an addition to an existing building located at 2306 Liberty Road, N. W., said adttion to consist of a building occupying 25' x 39' of ground area adjoining the southwest portion of said existing structure a~d in conformity therewith and with a 5' canopy, but proposed to be located within the major arterial ?ighway setback area established for said Liberty Road; and WHEREAS, the City Planning Commission has recommended to the Council that said request be approved by the Council, provided the said property owners indicate their willingness to City Council to remove any structure constructed due to this waiver, at their expense, should such structure affect the construction of this high- way facility and/or waive their rights to any damages which might be applicable due to the construction of this additional structure in proximity to the proposed highwa improvement; and WHEREAS, City Council, having considered the said waiver request of Claude Smith and Madeleine B. Smith and the recommendation of the said City Planning Commis- sion, and in consideration of all the circumstances, have determined that said waiver request should be granted without the condition suggested by the City Planning Commis s ion. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council doth hereby approve issuance to Claude N. Smith and Madeleine B. Smith of proper permit to construct on Official No. 2060633, as an addition to the existing building designated as 2306 Liberty Road, N. W., on the west side of said street and connecting with the southwest portion of said existing building, a 25' x 39' building or structure with a 5' canopy, as shown on Plot Plan dated November 6, 1969, copy of which is on file in the office of the City Clerk, which may occupy a portion of the major arterial highway setback area heretofore established on the west side of Libert Road, N. W.; provided, however, said new structure be so constructed as to comply in all respects with all other of the City's general building regulations. BE IT FURTHER RESOLVED that the City Clerk do transmit to the City's Buildi Commissioner an attested copy of this resolution. APPROVED ATTEST: Mayor 139 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1970. No. 19042. A RESOLUTION relating to the Employee's Retirement System and Police and Fire Pension System of the City of Roanoke, and to benefits available under Federal Social Security coverage. WHEREAS, being advised that the officers and employees of the City con- stituting the membership of the Employee's Retirement System and the Police and Fire Pension System of the City of Roanoke, may wish to avail themselves of potentially increased retirement and pension benefits by supplementing the present retirement systems with Federal Social Security coverage, the Council is of opinion that the sense of the City employees to be affected thereby be determined. THEREFORE, BE IT I~ESOLVED by the Council of the City of Roanoke that this Council doth hereby request the Board of Trustees of the Virginia Supplemental Retir merit System to cause to be conducted a referendum among the membership of the Employee's Retirement System of the City of Roanoke and of the Police and Fire Pen- sion System of said City, as said systems are defined in Title III, Pensions and Retirement, of the Code of the City of l~oanoke, 1956, as amended, on the question of supplementing the present benefits of said systems by Federal Social Security coverage, according to general law and upon such conditions as shall be set forth in full upon the ballot to be used in such referendum; the results of such referendum t be canvassed and certified to the Council and to the said Board of Trustees of the Virginia Supplemental Retirement System. BE IT FURTHER RESOLVED that the City Clerk do transmit an attested copy of this resolution to Mr. Charles H. Smith, Director of the Virginia Supplemental Re- tirement System. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1970. No. 19043. AN ORDINANCE amending and reordaining Sec. 1. Classes of members of police and fire departments; Sec. 3. Manner of raising funds'; and Sec. 5. Amount of pension in certain particulars, of Chapter 2. Police and Fire Pensions prior to January 1, 1946, of Title III, Pensions and Retirement, of the Code of the City of Roanoke, 195 as amended; and providing for an emergency. 140 WHEREAS, a committee appoin ted by the Council has reported that increased benefits would accrue to the employees of the. City of Roanoke belonging to the Police and Fire Pension System, upon the adoption of the hereinafter approved amendments to said Police and Fire Pension System of the City of Roanoke, in which recommendation the Council concurs; and, for the usual daily operation of the Municipal Governement an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORIIAINED by the Council of the City of .Roanoke, that the following sections of Chapter 2. Police and Fire Pensions Prior to January 1, 1946, of Title III, Pensions and Retirement, of the Code of the City of Roanoke, 1956, as amended, be and said sections are hereby amended and reordained so as to read and provide as follows: (1) Sec. 1. Classes of Members of Police and Fire Departments shall be amended to read and provide as follows: Sec. 1. Classes of members of police and fire departments. Any member of the police and fire departments who was so em- ployed on December 31, 1945, who has continuously remained in such employ, and who is not a member of the city's employees' retirement system as provided in sections 1 to 14 of chapter 1 of this title may make application to be retired and pensioned under the provisions of this chapter, provided th:at any member covered by the provisions of this chapter on Febr. uary 1, 1970, may become a member o,f the ,city's employees' retirement system, as a member without prior service, provided, his case comes under either of the following classifications: Class A shall include every member of the police and fire depart-. ments in the service of the city for five years or more and who by reason of physical and mental infirmity or old age is incapable of rendering efficient service. Class B shall include every member of the police and fire departments in the service of the city for at least twenty- five years. Class D shall include every member of the police and fire depart- ments who shall be totally incapac~itated through injurie~d received in the actual performance of his duty, regardless of the length of his service; provided, however, that in the event workmen's compen- sation is allowed, then such person shall not be eligible to pen- sion under this chapter. Any member of the system who is totally and permanently disabled in the actual performance of duty shall received the maximum retirement benefits. Retirement at the age of sixty-six, (66), years shall be compulsory for those members not members of the city's employees' retirement system. In computing the time of service under this chapter any member of the police and fire departments, who was absent or on leave in the military service of the United States Government during a period of national emergency, shall be entitled to service credit for all service rendered as an employee of ,the city, whether continuous or not, including the time of such absence, in computing the length of his term of service. The police and fire pension board hereinafter provided for is authorized, and it shall be its duty to place any person on the list to be known as the "pension list" and pay him a pension as hereinafter provided, subject to the exceptions and restrictions provided in this chapter; and a careful record of the persons pensioned shall be kept by said board. A member of the police or fire department once retired as a Class B member under the provisions of this chapter may, provided his ser- vices are deemed to be needed by the city and provided he be less than sixty-five years of age and meets all pertinent physical, mental and other requirements of employment, be re-employed by the city in 141 the same or some other position of employment, provided, however, that no pension shall be payable hereunder during such period of re-employ- ment and provided, further, that the continuity of service required in the first sentence of the first paragraph of this section shall not be deemed to have been broken or interrupted by the period of such prior retirement on the occasion of any subsequent request or application for re-retirement made by such employee who shall, in all events, be retired upon attaining the age of sixty-five, (65), years. (2) Sec. 3. Manner of raising funds shall be amended to read and provide as follows: Sec. 3. Manner of raising funds In order to provide a fund for the payment of the pensions herein pro- vided for there shall be deducted from the compensation of every mem- ber of the police and fire departments, and be retched by the City for said purposes, two per cent of the amount of such compensation during the first twenty-five years of service, and three per-cent thereafter, said amount to be deducted at each pay-day period, whether monthly, semimonthly or weekly. To the amount of said deduction shall be added such sum or sums as council shall appropriate in any year to meet the requirements of this chapter, provided that no such deduction from the compensation of members shall be made after the 1st day of February, 1970. (3) Sec. 5, Amount of pensions shall be amended to read and provide as follows: Sec. 5. Amount of pensions. Every person placed on the "pension list" as provided for in Section 1 of this chapter shall be entitled to receive an annual pension equal to two per cent of his average annual compensation computed for five years last past, multiplied by the number of years such person has been in the service of the city (including all service rendered the city other than as a member of the police or fire department) so long as he shall remain on the "pension list" herein provided for, provided, however, that no pension shall be less than fifty-five dollars per month, except that each pensioner who rendered the city service for twenty-five years or more and retired under Class "B", shall receive a minimum pension of not less than one hundred fifteen dollars per month and no pensioner shall receive a pension of more than one hundred and sixty-five dollars per month; and providing further that the pension of each pensioner on the pension list as of January 1, 1968 shall be increased ten dollars per month, provided that no such pension shall exceed one hundred and sixtY-five dollars per month; and provided further that on and after February 1, 1970, each pensioner placed on the "pension list" shall re- ceive a pension of one hundred and sixty five dollars per month. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance be in force and effect upon its passage. APPROVED ATTEST: 'City Clerk Mayor IN THE COUNCIL OF THE CITY OF' ROANOKE, VIRGINIA, The 2nd day of February, 1970. No. 19044. AN ORDINANCE amending and reordaining Sec. 1. Definitions; Sec. 7. Benefits and Sec. 8. Method of financing, in certain particulars, of Chapter 1. General provi- sions, of Title III, Pensions and Retirement, of the Code of the City of Roano~ , 195 as amended; and providing for an emergency. WHEREAS, a committee appointed by the Council has reported that increased benefits would accrue to the employees of the City of Roanoke belonging to the Em- 142 ployees' Retirement System of the City of Roanoke and the Police and Fire Pension System, upon the adoption of the hereinafter approved amendments to said Employees' Retirement System of the City of Roanoke, in wh~h recommendation the Council concurs and, for the usual daily operation of the Municipal Government an emergency is hereb~ set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that the following sections of Chapter 1. General provisions, of Title III, Pensions and Re- tirement, of the Code of the City oi Roanoke, 1956, as amended, be and said sections are hereby amended and reordained so as to read and provide as follows: (1) Subsection (5) A. vera.qe final, compensqtion of Sec. 1. Definitions, shall be amend to read and provide as follows: (5) Average final compensation shall mean the annual earnahle compensatio~ of a member during his twelve consecutive months of creditable service yielding the highest such average. (2) Subsection (2) Service Retirement allowanqe - Benefits, of Sec. 7. Benefits, shall be amended to read and provide as follows: (2) Service Retirement allowance - Benefits. (a) An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of his retirement; and ~(b) A pension which, together with his annuity, shall equal one- seventieth of his average final compensation multiplied by the number of years of his membership service; and (c) If he has a prior service certificate in full force and effect, a pension which shall be equal to one-seventieth of his average final com- pensation multiplied by the number of years of service certified on his prior service certificate. (3) Subsection (12) Restoration of beneficiaries to membership, of Sec. 7. Benefits, shall be amended to read and provide as follows: (12) Restoration of beneficiaries to membership. (a) Should a disability beneficiary 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 retire- ment age, his retirement allowance shall cease, he shall again become a member of the system, and he shall contribute thereafter at the same rate he paid prior to his retirement. An amount equal to the excess, if any, of his accumulated contributions at retirement over the retirement allowance payments received by him shall be credited to him as accumulated contributions. Anything i,n this chapter to the contrary notwithstanding, any prior service certificate on the basis of which his service was com- puted 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 subsequent retirement the pension part of his retirement allowance shall be reduced by the actuarial equivalent of any pension payments previously paid to him for' reasons other than disability re- tirement; and further provided that his retirement allowance upon sub- sequent retirement shall not be less than the sum of his previous retirement allowance plus the amount-computed on the basis of his creditable service and earnable compensation for the period after his restorat ion. (b) Should any beneficiary be restored to service on or after his minimum service retirement age, an amount equal to the excess, if any, of his accumulated contributions at retirement over the retire- ment allowance payments received by him shall be credited to him as accumulated contributions, and his retirement allowance shall be dis- continued during the period of restoration. 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 and any other benefit payable as a result of his death shall be equal to the sum of the benefits attributable to contributions and service after restora- (4) (5) (6) tion plus the benefit which would have been payable on death at the time of his restoration. If he becomes a member of the sys- tem at the time of his restoration, he shall be considered a new member with respect to service rendered subsequent to his restora- tion except that his minimum service retirement age shall be the same as before restoration. (c) If a former employee who is entitled to a deferred retirement allowance, commencing after he attains minimum service retirement age, returns to service as an employee of the city before such allo~me has become payable, he shall again become a member of the system upon his return, he shall contribute thereafter at the rate determined as of the time he returned, and his retirement allowance payable on subsequent 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 termina- tion and service credited to him after his return. Subparagraph (a) of subsection (1) Annuity savings account, of Sec. 8. Method of finaminq, shall be amended to read and provide as follows: (a) The annuity savings account Shall be the account in which shall be accumulated the contributions deducted from the com- pensation of members to provide for their annuities. Upon the basis of such tables as the board shall adopt and regular interest, there shall be determined for each member the proportion of earnable compensation which, when deducted from each payment of his prospective earnable compensation prior to the attainment of his minimum service retirement age, and accumulated at regular interest until his attainment of such age, shall be computed to provide at that time an annuity equal to one-one hundred fortieth of his average final compensation multiplied by the number of years of his membership service. Such proportion of earnable com- pensation shall be computed to remain constant. The proportion so computed for the age one year less than his minimum service re- tirement age shall be applied to a member who has attained his minimum service retirement age before he becomes a member of the system. Subparagraph (e) of subsection (1) Annuity s~vinqs ~ccount, of Sec. 8. Method of financinq, shall be amended to read and provide as follows: (e) In addition to the contributions deducted from the compensation of a member as hereinbefore provided, any member may, subject to the approval of the board and such conditions as the board may prescribe, deposit in the annuity savings account by a single payment or by an increased rate of contribution an amount to purchase an additional annuity. Interest at such rates as may be set from time to time by the board shall be allowed on such contributions and benefits from such contributions and shall be determined on the basis of an interest rate and tables last adopted by the board. The additional annuity provided by the additional co'ntributions deposited pursuant to this paragraph shall be payable in addition to the retirement allowance or other benefit determined to be payable without takin9 account of such additional contributions. Subparagraphs (a) through (e), .both inclusive, of subsection (2) of Sec. 8. Method of financinq, shall be amended to read and provide as follows: (a) The pension accumulation account shall be the account in which shall be accumulated all reserves for the payment of all pensions and other benefits p.ayable from contributions made by the city. (b) On account of each member there shall be paid annually into the pension accumulation account 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". (c) The normal rate of contribution shall be determined after each actuarial valuation. During the period over which the accrued lia- bility 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 compensation of the average new entrant member which, if contributed 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 not provided by his own contribu- ticns. After accrued liability contributions have ceased to be payable the normal contribution rate shall be determined after 143 144 each actuarial valuation as the rate per cent of the earnable com- pensation of all members obtained by deducting from the total lia- bilities on account of prospective benefits of all members and bene- ficiaries the amount of funds in hand and the present value of prospective contributions payable by members during the remainder of their active service, 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. (d) 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 present and prospective benefits to members and beneficiaries which is not dischargeable by the assets held for such benefits, the pros- pective contributions to be made to the system by the members and the prospective normal contributions on account of members during the remainder of their active service. The amount so determined shall be known as the accrued liability, and the contributions payable by the city for interest and amortization of the accrued liability shall be known as the accrued liability contributions. (e) The total amount payable by the city in each year to the pension accumulation account shall not be less than the sum of the normal contribution and regular interest on the unfunded portion of the accrued liability; provided, hoverer, that the aggregate amount shall be sufficient, when combined with the assets of the system, to pro- vide the benefits payable to members and beneficiaries then current. BE.IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1970. No. 19045. AN ORDINANCE amending and reordaining subsection (7) Ordinary death benefit 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; and providing for an emergency. WHEREAS, a committee appointed by the Council has reported that increased benefits would accrue to the employees of the City of Roanoke belonging to the Police and Fire Pension System, upon the adoption of the hereinafter approved amendment to the Employees' Retirement System of the City of Roanoke, in which recommendation the Council concurs; and for the usual daily operation of the Municipal Government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that sub- section (7) Ordinary death benefit of Sec. 7. Benefits of Chapter 1. General provi- sions, of Title III, Pensions and Retirement, of the Code of the City of Roanoke, 195 as amended, be and said subsection is hereby amended and reordained so as to read and provide as follows: (7) Ordinary death benefit. 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 nominated by written designation duly acknow- ledged and filed with the board, otherwise to his estate: (a) If he doesnot leave a widow entitled to a pension under the provisions of subsection (17) of this section, his contri- butions together with such interest thereon, not less than one-half of accumulated regular interest, as the board shall al low; 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 preceding 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. BE IT FURTHER OI~DAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: ~ City ~lerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1970. No. 19046. A RESOLUTION relating to proposals of expansion of the City's sewage treatment services and other public facilities and services outside the corporate limits. WHEREAS, the members of the Council's Sewer Committee being directed to study and consider certain matters set out in a certain resolution of the Board of Supervisors of Roanoke County adopted December 10, 1969, and thereafter transmitted to this Council, have made a written report to the Council at its meeting held February 2, 1970, wherein is set out that the Council's committee has met with offi- cials of Roanoke County and, together, reviewed some of the matters involved in the aforesaid proposal; and WHEREAS, having considered the proposals made to the City and the findings and recommendations of the Council's committee contained in the aforesaid report, the Council approves and concurs in all such recommendations. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows 1. That the City reaffirm the statement of policy and position with refer~ to solution of problems and demands imposed upon local 9overnment in the Roanoke Valley area as set out in Resolution Nos. 16870 and 18955, adopted February 14, 1966 and November 10, 1969, respectively; lee 145 146 2. That renegotiation of or extension beyond its present termination date of January 1, 1981, of the existing sewage treatment contract between Roanoke City and Roanoke County along the line of any present proposal is not in the best interest of the City and not the best means by which to resolve the present situation; 3. That an early conclusion of the pending annexation proceedings, presentl before an annexation court, would provide a vehicle to bring about the formation of a single, publicly owned and operated sewerage and water system in an efficient, eco- nomical and orderly manner, to the best interests of all the citizens of the Roanoke Valley area; 4. That, until pending annexation proceedings are concluded, the City con- tinue to receive and give consideration to requests for addition to the present sewa, treatment contract of defined new areas, applying to such requests the same standards as have been used in the past for determining the engineering acceptability of each proposed new area; 5. That your Committee be authorized by appropriate action of the Council to pursue, as a procedure other than one provided in Chapters 25 and 26, Title 15.1, of the Code of Virginia, further discussions with Roanoke County for the purpose of explorin9 the proposal of acquisition by the City of the entire assets of the Roanoke County Public Service Authority in a lawful manner, based on mutually determined valu .s, and in a manner as not to affect or prejudice the City of Roanoke's position in the pending annexation proceedings. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1970. ;No. 19047. A RESOLUTION authorizing MEDA E. NORTH and HARRY J. NORTH, to construct cer rain temporary encroachments over a building setback line heretofore established on the South side of Jamison Avenue, S. E., between lOth Street and llth Street, S. E., pursuant to Chapter 4.1 Zoning, of Title XV, Code of the City of Roanoke, as amended, upon certain terms and conditions. WHEREAS, the said MEDA E. NORTH resides in the house presently identified as 1003 Jamison Avenue, S. E., in the City of Roanoke, Virginia, her brother, the sai HARRY J. NORTH of Oxon Hill, Maryland, owns as Undivided one-third interest in said property; and WHEREAS, the said MEDA E. NORTH applied for, and obtained a building permit to enclose the already existing front porch of said house in August of 1969, said enclosure being substantially completed prior to inspection by the Department of Buildings on September 15, 1969, at which time it was discovered that the said existing front porch was not behind the abovementioned set-back line; and WHEREAS, application has been made to the Council for the license herein- after granted; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that MEDA NORTH and HARRY J. NORTH, be, and are hereby, granted temporary permission and licens to enclose the existing front porch one story in height, southerly of an over a certain building setback line heretofore established by the Council by Chapter 4.1 Zoning, of Title XV, Code of the City of Roanoke, as amended, on certain land in the City of Roanoke known as Lot 2, Block 16, according to the Map of Belmont, also designated on the City's Tax Appraisal Map as Lot No. 4120802, the aforesaid encroach merit over said building setback line to be exercised by said licensees upon the following express terms and conditions, to-wit: That, 1. The enclosure of said porch shall be erected in full accordance with the terms and provisions of the Building Code of the City of Roanoke except with regard to the building setback requirement and shall be so built that the same can be removed from the main structure of the building, south of said setback line, should the City ever acquire the land of the licensees up to said setback line or any portion thereof on which said enclosed porch is located, for street widening purposes 2. Should the City of Roanoke hereafter acquire the land or any said portio thereof, north of said building setback line by purchase or otherwise on which said enclosed porch may be constructed, then, and in that event, MEDA E. NORTH and HARRY J. NORTH, their respective heirs, successors, or assigns, shall make no charge for, or assert no claim against the City for damage to the enclosure constructed on said property north of the aforesaid building setback line; but the said licensees, their heirs, successors, or assigns, would charge, or claim, only, the then fair market value of the land, exclusive of the value of said enclosure, as an improvement 3. The terms and conditions hereinabove provided shall be and constitute covenants running with the title to the land of the said licensees, known as Lot 2, Block 16, according to the Map of Belmont, also designated on the City's Tax Appraisal Map as Lot No. 4120802, and shall be binding upon the said MEDA E. NORTH and HARRY J. NORTH, their respective heirs, successors, and assigns; and 4. The said licensees shall, prior to exercising any of the privileges granted by this resolution, for an on behalf of themselves, their heirs, successors, or assigns, execute the original draft and at least one duplicate attested copy of this resolution under seal, and acknowledge, as evidence of its agreement to the terms and conditions hereinabove enumerated and that the City Clerk is directed forthwith to have recorded in the Clerk's Office of the Hustings Court and executed duplicate copy hereof. 147 14.8 1970. Signed, sealed and acknowledged in consent to and compliance with the terms of the aforesaid resolution: Meda E. North ( SEAL ) STATE OF VIRGINIA CITY OF ROANOKE, I, Harry J. North ( SEAL ) To-wit: , a Notary Public in and for the City of Roanoke, in the State of Virginia, do hereby certify that MEDA E. NORTH, whose name is signed to the foregoing resolution, has personally appeared before me in my City and State aforesaid and acknowledged the same. Given under my hand this day of , 1970. My commission expires: STATE OF ~iARYLAND OF I, of , To-Wit: Notary Public , a Notary Public in and for the in the State of Maryland, do hereby certify that HARRY J. NORTH, whose name is signed to the foregoing resolution, has personally appeared before me in my and State aforesaid and acknowledged the same. Given under my hand this day of , 1970. My commission expires: ATTEST: City Clerk Notary pUblic APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1970. No. 19046. A RESOLUTION making certain recommendations to the City's representatives in the 1970 General Assembly of Virginia with respect to certain matters involving local revenue and taxation. WHEREAS, a committee of the Council appointed to study the effect upon local revenues of the numerous exemptbns provided by the Virginia Constitution and Acts of the Legislature for certain real estate and other property, and of certain the Council at its meeting held January 5, 1970, the details of which have been considered by the Council sitting as a committee and, again, at its regular meeting held February 2, 1970; and WHEREAS, the committee report sets out, amongst other things: That the Constitution of Virginia, making express provision for exemption from taxation of the real estate and other property of certain specified owners, authorizes the General Assembly of Virginia to restrict, but not to extend the exemptions provided for in said Constitution, albeit said Legislature has from time to time greatly enlarged upon the classes of subjects and property made exempt from taxation by the Constitution: That provisions contained in the proposed general amendment of the Virginia Constitution agreed to by the Legislature April 25, 1969, while still providing numerous exemptions, would permit the enactment of legislation authorizing local governments to impose certain service charges in lieu of property tax upon certain tax-exempt property; and That said new Constitution will be considered this year by the Legislature and at public referendum in the State, for approval; and WHEREAS, the Council, considering all such matters concurs in certain of the recommendations of said committee as hereinafter indicated. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby respectfully urge the representatives from the City of Roanoke to the 1970 General Assembly of Virginia as follows: FIRST: Introduce and support in the 1970 Session of the General Assembly of Virginia legislation which would, except as to property set out in Class (a) of Section 183 of the present Constitution of Virginia, restrict, but not extend, the numerous exemptions expressly provided in said section of the Virginia Consti- tution; SECOND: Support for approval by the 1970 General Assembly of Virginia and in the 1970 public referendum theron the proposed new Constitution of Virginia as agreed to by the Senate and the House of Delegates on April 25, 1969; and THIRD: Introduce and support in the General Assembly of Virginia enabling legislation so as to permit the localities of the State to impose, as appropriate, proper service charges in lieu of property tax on the property of non- profit corporations, organizations and associations. BE IT FURTHER RESOLVED that the City Clerk do transmit an attested copy of this resolution to each of the representatives from the City of Roanoke to the 1970 Session of the General Assembly of Virginia. ATTEST: City Clerk APPROVED Mayor 149 150 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1970. No. 19049. AN ORDINANCE amendin9 Chapter 8. License Tax Code, Title XI. Taxation, of the Code of the City of Roanoke, 1956, as amended, by the addition of two (2),new sections thereto, imposing certain license taxes upon persons engaging in the opera- tion of dental laboratories; and telephone answering services or mailing services; and providing for an emergency. WHEREAS, in order to provide revenue for the City for the calendar year 1970 and, thereafter, from certain license taxes assessable on an annual basis, and for the usual daily operation of the municipal government, an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter B. License Tax Code, Title VI. Taxation, of the Code of the City of'Roanoke, 1956, as amended, be and said chapter is hereby amended by the addition of two (2) new sections thereto, such new sections to be numbered 66.1 and 109.1, respectively, such new sections to read and provide as follows: Sec. 66.1. Dental laboratories. Every person engaged in the operation of a dental laboratory or who manufactures dental prosthetics shall pay an annual license tax of ..................................... $55.00, Plus 33 cents on each $100.00 of purchases of materials used in such business not exceeding $100,000.00; plus 17 cents on each $100.00 of purchases of materials used in such business of the next $200,000.00; plus 11 cents on each $100.00 of purchases of materials used in such business in excess of $300,000.00. Sec. 109.1 Telephone answering service; mailing service. Every person furnishing or providing a telephone answering service or bulk mailing service for the convenience of others for compensation shall pay an annual license tax of ...$20.00, Plus $1.10 on each $100.00 of the 9ross receipts in excess of the first $4,000.00 of the gross receipts received from such service. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1970. No, 19050. A RESOLUTION amending Resolution No. 19029, adopted January 19, 1970, offerin~ to amend the City's contract of September 28, 1954, with the County of Roanoke, relative to the transmission and treatment of certain sewage and acceptable wastes, by adding thereto a certain 44.39 acre area of land, the property of the County School Board of Roanoke County, upon certain terms and provisions. WHEREAS, the Council, by Resolution No. 19029, adopted January 19, 1970, offered to amend the City's contract of September 28, 1954, with the COunty of Roanoke relative to the transmission and treatment of certain sewage and acceptable wastes by adding thereto a certain 44.39 acre area of land in Roanoke County, said resolution setting out therein a proposed formula by which the rate of charge for transmitting and treating such wastes would be determined from time to time; and WHEREAS, through inadvertent error the rate formula set out in Resolution 19029 was incorrectly stated, it having been intended to propose the same rate most recently negotiated and agreed upon between the parties; and WHEREAS, the error having been called to the attention of the Council, and the Board of Supervisors not having yet acted upon the proposal contained in Resolution No. 19029, the Council desires to amend the City's proposal contained in said former resolution. THEREFORE, BE IT RESOLVED by the Councii of tile City of koanoke that said City doth hereby offer to accept for transmission and treatment acceptable domestic and commercial wastes from the following described area of Roanoke County, the property of the County School Board of Roanoke County, viz: BEGINNING at a point and said point being the north corner of the boundary of Glen Cove Subdivision as recorded in Plat Book 5, page 4 of the records of the Clerk's Office for the Circuit Court of Roanoke County, and said point being on the boundary of Lot 5, Block 1, of. the aforesaid Glen Cove Subdivision; thence with a line leaving the Glen Cove Subdivision boundary and with the lines of W. T. Slusher, Leo G. Painter and Melvin G. Clark the following bearings and distances: N. 15° 55'E., 395.3 feet; N. 47° 28' W., 422.0 feet; N. 44° o1' W., 330.08 feet, and N. 48° 59' W., 724.0 feet to a point; thence with a line leaving the Clark boundary and with the center line of Ponderosa Drive (Virginia Secondary Route 1719) S. 51° 16' W., 877.16 feet to a point on the center line of Cove Road (Virginia Route 116); thence with the center line of Cove Road the following bearings and distances: S. 31° 38' E 272.00 feet; S. 18° 21' E., 1,017.00 feet, and S. 31° 49' E., 264.10 feet to a point on the center line of the aforesaid Cove Road; thence with a line leaving the aforesaid Cove Road and with the line of Johnny L. Tucker and the northwest boundary of the aforesaid Glen Cove Subdivision N. 62° 22' E., 1,227.03 feet to the point of BEGINNING, and being a boundary description of the 44.39 acre tract formerly owned by Valleydale Packers, Inc. and now owned by the County School Board of Roanoke County, Virginia, as shown on plat dated November 12, 1969, prepared by Roanoke County Public Service Authority, a copy of which plat is on file in the Office of the City Clerk; there to be provided by said County adequate metering facilities for measuring the quantity of wastes delivered to the City from said new area, and the rate of charge to be made by the City for accepting and treating wastes from such area to be determined by application of the following formula: Rate of Charge per million General expense including depreciation gallons of wastes = and interest on indebtedness X percentage increment Total sewage flow in millions of gallons 152 DEFINITIONS: Feneral Expense - Actual cost of operation and maintenance of the sewage treatment and interceptor facilities, including the following items of cost: personal services, stationery and office supplies, postage, telephon, and telegraph, insurance and bond preminums, automotive, travel, supplies, fuel, electricity, water, repairs, Workmen's Compensation Insurance premiums, management, engineering, legal, treasury, accounting, billing, employees' retirement, hospitalization and Social Security as paid by city and miscellaneous expenses. ~epreciation - The depreciation on the existing facilities, including interceptors, pumping stations and treatment plant shall be determined annually and applied in the formula. Interest - Interest payments determined annually on indebtedness, both long-term and short-term, on existing and inuse facilities, including interceptors, pumping stations and treatment plant. Percentage Increment - General expense, depreciation and interest on indebtedness shall be determined for the preceding year to the year of billing. This total as used in any year and colputed from the preceding year shall be increased or decreased by a percentage determined as the average of the percentage of increase or decrease of such total from year to year over the preceding five years inclusive of the year immediately preceding the year in which the determined rate is to apply. Total Sewage Flow - The total input of sewage from all sources to the sewage treatment plant of the city; which said rate of charge for the year ending June 30, 1970, would result in a current charge of $60.62 per million gallons, but which rate, for the purpose of this resolution shall be determined and adjusted in accordance with the foregoing formuia as of July 1, 1970, and annually thereafter during the term of the aforesaid contract of September 28, 1954; all other terms and provisions of the aforesaid contract to be made applicable to the transmission and treatment of wastes from said new area. BE IT FURTHER RESOLVED that Resolution No. 19029 of the Council, adopted January 19, 1970, be amended ~ the extent hereinabove provided. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit an attested copy of this resolution to the Honorable Charles H. Osterhoudt, Chairman of the Board of Supervisors of Roanoke County; and be it further provided that upon adoption by said Board of Supervisors of a resolution approving and accepting the ' City's offer herein contained upon the terms herein set out, the aforesaid contract between the City of Roanoke and the County of Roanoke dated September 2B, 1954, shall be amended to the extent provided herein as to the aforesaid new 44.39 acre area. APPROVED ATTEST: / City Clerk Mayor 153 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1970. No. 19051. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet Nos. 227 and 228, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have three adjoining parcels of land located on the southerly side of Hershberger Road, N. W., described as .644 acre lot and Lots 1-A and 2-A, Block 1, Eden Park Map. Official Tax Numbers 2270101, 2281101 and 2281102 rezoned from RG-1, General Resi- dential and RD, Duplex Residential District, to C-i, Office and Institutional Distri and WHEREAS, th.e City Planning Commission has recommended that the hereinafter described land be rezoned from RG-1, General Residential and RD, Duplex Residential District, to C-l, Office and Institutional District; and WHEREAS, the written notice and the posted sign r.equired to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of T,he Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and poste. as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 9th day of February, 1970, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet Nos. 227 and 228 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the southerly side of Hershberger Road, N. W., describ. .as .644 acre lot and Lots 1-A and 2-A, Block 1, Eden Park Map, designated on Sheets 227 and 228 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2270101, 2281101 and 2281102, be, and is hereby, changed from RG-1, General Residen- tial and RD, Duplex Residential District, to C-l, Office and .Institutional District, and that Sheet Nos. 227 and 228 of the aforesaid map be changed in this respect. APPROVED ATTEST: . i / · City Clerk Mayor t; .154 [! IN THE COUNCIL OF THE CITY OF' ROANOKE, ~fIRGINIA, The 16th day of February, 1970. No. 19052. 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. 322, 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, 2, and 3, Block 12, as shown by the Map of Jackson Park Homes Corp. being Official~ Tax Numbers 3222001, 3222002, 3222003, bordered on the north by Wallace Avenue, N. E., and on the south by Eastern Avenue, N. M,., rezoned from RD, Duplex Residential District, to LM, Light Manufacturing [listrict; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to L~i, 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 amend~ed, 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 9th da, of February, 1970, at 2 P.M., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFEORE, 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. 322 of the Sectional 1966 Zone Map, City of Roanoke be amended in the following particular and no other, viz.: Property located on the southerly side of Wallace Avenue, N. E.,, and the northerly, si.de .of Eastern Avenue, N. E., des'cribed as Lots 1, 2, and 3, Block 12, as shown by the Map of Jackson Park Homes Corp., Official Tax Numbers 3222001, 3222.002, 3222003, be, and is hereby changed from RD, Duplex Residential District, to Light Manufacturing District, and th.at Sheet No. 322 of the aforesaid map be changed in this respect. ATTEST: City Clerk APPROVED Mayor 155 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1970. No. 19053. AN ORDINANCE to amend and reordain the Sewage Treatment Fund of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Sewage Treatment Fund of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND Personal Services (1) ......................... $ 177,700.00 (1) Net increase ...... $165.00 Increased salary of Superintendent of Sewage Treatment Plant from $871.00 per month to $904.00 per month BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1970. No. 19054. AN ORDINANCE to amend and reordain Section =64, "Maintenance of City Property" and Section =56, "Public Works," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, and Section ~56, "Public Works," of the 1969-70 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: MAINTENANCE OF CITY PROPERTY ~64 Food, Medical and Housekeeping Supplies (1) ........................................ $ 350.00 PUBLIC WORKS ~56 Education (2) ....................................... $ 250.00 (1) Net decrease -$150.00 (2) Net increase 150.00 156 BE IT FURTHER ORDAINE~ that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: . City Clerk APPROVED Mayo IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1970. No. 19055. AN ORDINANCE to amend and reordain Section =320, "Water - General Expense, of the 196c~70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Governement of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Secti =320, "Water - General Expense," of the 1969-70 Appropriation Ordinance, be, and th same is hereby, amended and reordained to read as follows, in part: WATER - GENERAL EXPENSE =320 Damage to Property (1) ...................... $. 6, 693.25 (1) Net increase $1,693.25 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1970. No. 19056. A RESOLUTION relating to the sale of the Lee Juniw High School property to the Unit:ed States of American heretofore authorized by Ordinance No. 18750. BE IT RESOLVED by the Council of the C'ity of Roanoke, the General Services Administration of the United States of America having so requested, that this Council doth hereby agree to extend for a period of sixty (60) days after the closing date set out in that certain contract of sale heretofore entered into between the School Board of the City of Roanoke and the United States of America, accepted under date of August 8, 1969, by said United States of American, the f. inal closing and sale and conveyance to said United States of American of the Lee Junior High School property 157 set out and described in said contract of sale, as said sale was authorized and provided to be made by the provisions of Ordinance No. 18750 of the City Council. BE IT FURTHER RESOLVED that the City Manager be, and is hereby directed to forthwith transmit to said General Services Administration an attested copy of this resolution. APPROVED ATTEST: '/City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1970. No. 19057. AN ORDINANCE authorizing the Mayor and the City' Clerk, for and on behalf of the City of Roanoke, to execute a deed of release to certain water rights now hel by the City of Roanoke in certain land described as Official No. 4350606, owned by Roanoke Swift Homes, Inc., WHEREAS, Roanoke Swift Homes, Inc., owner of the lot hereinafter described has requested tb~t the City of Roanoke execute a release and quitclaim of certain war rights described in the ordaining clause of this ordinance which now cloud the title to the real estate hereinafter described; and WHEREAS, The City Attorney to which the request was referred by the Counci has reported th¢ the City of Roanoke would suffer no loss or inconvenience by the release of such water rights, and has recommended that the aforesaid request be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor of the City of Roanoke and its City Clerk be, and they are hereby authorized and directed to execute, for and on behalf of the City, a deed of release to Roanoke Swift Homes, Inc., releasing all right, title and interest in and to any easement fo water rights as set forth in a deed from William H. Muse, Jr., et al., to Roanoke Gas and Water Company (a predecessor in title to the City' of Roanoke) dated November 1907, and of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 41, page 448, now owned or held by' the City in that certain 8.744 acre more or less parcel of land known as Official No. 4350606 on the Tax Appraisal Map of the City, the deed to be limited to a release by the City of rights held in the nature of an easement and not to extend to conveyance of any land owned by said City in fee simple; such deed to be upon such form as is first approved for execution by the City Attorney. ATTEST: fCity Clerk APPROVED M~v 24, 158 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1970. No. 19058. A RESOLUTION relating to the relocation or adjustment of utility facilitie~ in connection with the City's Mill Mountain Access Road Project 9999-128-102, C-501. WHEREAS, the Commonwealth of Virginia, Department of Highways, proposes to construct to Mill Mountain Recreation Area from 0.067 miles south of the intersectio~ of Mill Mountain spur to 0.028 miles north of the intersection of Sylvan Road, desig- nated as Highway Project 9999-128-102, C-501; and WHEREAS, the City of Roanoke is responsible for making arrangements for th~ adjustment and/or relocation of existing utilities and for the installation of any new facilities. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City certifies that all arrangements have been made or will be made for the relocati and/or adjustment of all existing utility facilities, and for the installation of an new facilities; that in the event of any justifiable claims from the road contractor for delays or interference caused by said utilities, the City of Roanoke hereby agree to be responsible for said claims, provided the City is advised in writing by the Highway Department at the time of delay that the road contractor intends to file a claim; and that the Highway Commissioner shall decide all questions, difficulties ant disputes of whatever nature that may arise because of the delay; the utilities herei above referred to being identified as follows: UTILITY OWNER City of Roanoke Roanoke Gas Company The Chesapeake & Potomac Telephone Company Appalachian Power Company TYPE OF FACILITY Sanitary Sewer and Water Gas Telephone Power BE IT FURTHER RESOLVED that the City Manager be, and is hereby directed to transmit to the Virginia Department of Highways, through appropriate channels, attes copies of this resolution. ATTEST: fCity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1970. No. 19059. AN ORDINANCE amending and reordaining Sec. 18. Beginner's license; Sec. 19. Tax when not previously in business twelve consecutive months; Sec. 35. Agents, real ed 159 estate and rental; Sec. 50. Book salesmen, magazine salesmen, agents, etc: Sec. 96. Professional services; and, Sec. 107, Tailors, of Chapter 8. License Tax Code, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended; and providing for an emergency. WHEREAS, in order to provide revenue for the City for the calendar year 1970 and thereafter from certain license taxes made assessable on an annual basis and for the usual daily operation of the municip al government, an emergency is hereb set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following sections of Chapter 8. License Tax Code, Title ¥:~. Taxation, of the Code of the City of Roanoke, 1956, as amended, be and the following sections are hereby amended and reordained to read and provide as follows: (a) Sec. 18. Beginner's license. Except as herein otherwise provided, for the purpose of ascertaining the license tax to be paid by one beginning business, if the license tax is based in whole or in part on sales, purchases, commissions, contracts, orders, receipts or fair value of articles or commodities manufactured, processed or produced, he shall estimate what they will be between the date of issuance of his license and December thirty- first followin9. Every overe'stimate and every underestimate shall be subject to revision by the commissioner and it shall be the duty of said commissioner to assess such person with such additional taxes as may be found to be due at any time after the issuance of such license, and on, or prior to, December thirty-first following; and it shall be the further duty of said commissioner, upon proper application of the licensee, to abate or refund such portion of such tax as may be found to be attributable to an overestimation of the business so licensed, provided such application is made within one year from the thirty- first day of December in the year in which such assessment was made. The commissioner may at his discretion and at such times after the issuance of such license, as he may deem expedient, investigate and ascertain whether any such beginner has underestimated such business. If upon any such investigation the commissioner shall determine that such beginner has, in fact, underestimated such business, the tax payable on the estimate as revised by the commissioner, shall be immediately due and payable, and if not immediately paid by the beginner, such license shall be forthwith revoked. Every such license shall be so revised and the additional tax, if any be found to be due, paid before such license shall be renewed or transferred. If any person shall commence to prosecute any business, employment or profession licensable hereunder without first obtaining such license, such person shall be guilty of a misdemeanor, and, unless otherwise specifically provided by this chapter, shall on conviction thereof, be fined not more than five hundred dollars. Such convic- tion thereof shall not relieve any such person from the payment of the license tax prescribed by this chapter. If such violation be continued for one month, such person shall moreover be subject to a penalty of ten per cent of the amount of the license tax which was due and payable at the beginning of such month, in addition to the license tax imposed by this chapter, and such penalty shall be assessed and in id along with the license tax and shall become a part of the license tax; and shall be enforced in the manner provided by the law for the enforcement of the collection of other taxes. It sha~l be the duty of the commissioner to report to the city manager, every person who shall commence to prosecute any licensable business, employment or profession without a license, or who shall unlawfully fail for a longer period than one month to obtain a new license, who shall cause warrants to be issued for such persons and shall prosecute them. (b) Sec. 19. Tax when not previously in business twelve consecutive months. Except as herein otherwise expressly provided, the license tax ~f every person who was licensed at a definite place of business for only a part of the next precedin9 license year and whose license is measured by purchases, sales, commissions, contracts, costs, orders, receipts or 160 fair value, shall be computed fQr the then current license year on the basis of an estimate of such measure for the then current license year. Every underestimate made under t~h'is section shall be corrected by the commissioner, whose duty it shall be to assess such persons with such additional taxes as may be found to be due at the end of the tax year on the basis of the true measure of such license tax; and it shall be the further duty of said commissioner, upon proper application of the licensee, to abate or refund such portion of such tax as may be found to be attributable to an overestimation of the business so licensed, provided such application is made within one year from the lhirty-first day of December in the year in which such assessment was made. (c) Sec. 35. Agents, real estate and rental; Appraisers. Every person engaged in the business of buying, selling or renting real estate as an agent, shall pay an annual license tax as follows: Real estate agents ..................... $55.00, Plus 55 cents on each $100.00 of the gross commission or other com- pensation received by them and their real estate salesmen, if any, entitled to a share of such compensation. Real estate salesmen ..................... $15.00 The terms "real estate agent" and "real estate saleman" shall have the same meaning ascribed to "real estate broker" and "real estate salesman", respectively, by sections 54-730 and 54-731, of the Code of Virginia, 1950, as amended. Every person engaged in the business of appraising real estate or tangible personal property, or of the damage or loss of either, shall pay an annual license tax of . .. ............. $55.00, Plus 55 cents on each ~100.00 of the gross receipts derived from such business; provided, however, that any person licensed under this section as a real estate agent shall not be required to pay the base license tax of $55.00, hereunder, and any person licensed under this section as a real estate salesman shall be entitled to have the license tax of $15.00 as such real-estate salesman credited against the base license tax of 955.00 hereunder. This section shall not apply to commissioners and receivers appointed by the courts, or to administrators, executors, guardians, trustees, and other fiduciaries while acting in a fiduciary capacity. It shall be the duty of such person who obtains a license as a real- estate agent to report in writing to the commissioner the name or names of each person advertised, employed or in any way connected with such person, as a salesman. It shall be a violation of this section for any person to employ as a salesman any person who has not obtained a license under the provisions of this section. It shall be unlawful for any salesman to act as a salesman for a real estate agent until such person shall have secured the license provided for by this section. Any person violating any of the provisions of this sect£on shall be guilty of a misdemeanor. (d) Sec. 50. Book salesmen, magazine salesmen, agents. Every person engaged in the business of a book salesman, magazine salesman or agent for the sale of books, magazines, or other public- cations or reading materials, not selling from a regularly established place of business in the city; shall pay a license tax as follows: As a license for less than a year, per month or part thereof . . . $7.50 As a license for the entire tax year ............... $50.00 (e) Sec..96. Professional services. (a) Every person engaged in any of the following businesses, professions, pursuits or callings sh~l pay an annual license tax of ...... $20.00 Plus $1.10 on each $100.00 of the gross receipts, as such term is defined in section, 1 of this chapter, in excess of the first $4,000.00 in gross receipts of such business or profession: [[ 161 Accountant (whether registered, certified or not). Architect. Artist (all types not otherwise specifically licensed). Attorney at Law. Bookkeeper (when in business on own account). Business Consultant. Chemist. Chiropodist. Chiropractor. Conveyancer. Court Reporter. Dentist. Doctor of Medicine. Draftsman (when in business on own account). Electrologist. Engineer (including air conditioning, chemical, civil, consulting, electrical, electronic, industrial, mechanical, radio, refri- gerating or structural, and also including the testing or in- specting of metals, concrete, stone, brick paint,mortar, wood, structural iron or steel, chemicals, soil or rock, or core drilling). Eyesight Specialist. Hypnotist. Labor Relations Counsel. Insurance Consultant. Landscape Architect. Manipulative Surgeon. Masseur. Naturopathist. Neurologist. Oculist. Optometrist. Orthodontist. Osteopath. Physician. P~sys iotherapist. Psychiatrist. Porapathist. Practitioner of the art of healing. Psychologist. Public Relations Counsel. Public Stenographer. Sculptor. Surgeon. Surveyor. Tax Consultant. Tax Return Specialist. Techn~ian (practicing on own account). Title guarantee and title insurance. Tree Surgeon. Veterinarian. Veterinary Surgeon. X-ray Specialist or Technician. When any of the foregoing businesses or professions is conducted by a corporation, firm or partnership, the officers or members of which derive their entire income from the practice or conduct of such business or profession from or through the gross receipts of such corporation, firm or partnership, the license may be issued to the corporation, firm or partnership, in which case the license tax shall be imposed upon the gross receipts of such corporatic~ firm or partnership, and when so paid it shall be deemed to discharge the license tax liability of all officers, members, partners or associates who receive their entire compensation for the practice or conduct of such business or profession from the gross receipts upon which such tax is based. The names of all officers, members partners or associates participating in such gross receipts shall be reported on the application for license and shall be listed on the license issued pursuant thereto. In case any such business or profession is conducted by a firm, partnershi or association, the members, partners or associates of which are required or elect to be individually licensed, the gross receipts of such firm, partnership or association shall be apportioned among the individuals so licensed in such a manner that the entire gross receipts of the firm, partnership or association are reported to the commissioner as a measure of the aggregate of the individual license tax. (b) Every architect, civil engineer, consulting engineer, contracting engineer, electrical engineer, mechanical engineer or surveyor not having a principal or branch office in the city, and who has nc~ paid a local license tax in this state, who shall furnish plans and specifications, or either, for work to be erected in the city, whether in conjunction with 162 others holding.a license under paragraph (a) of this section or otherwise, shall pay a license tax of $30.00. Plus a tax equal to $.1.10 on each $100.00 of the gross fee received or contracted to be received for the preparation of such plans and specifications and for other professional services rendered in connection with the erection of the building or structure involved· Said license tax shall be paid before any permit for such building is issued· (c) Every person not a state certified architect or engineer who, for compensation, prepares and/or furnishes plans and specifications required to be filed with the application for a permit for the erection, alteration, repair or improvment of a building or structure, except he be the owner of said building, shall pay a license tax of ................................ $10.00· Paragraph (c) shall not apply to architects and engineers who are duly licensed under paragraph (a) of this section· (f) Sec. 107. Tailors (a) Every person not licensed as a merchant and who is engaged in the business of custom and/or merchant tailoring, including agents thereof maintaining offices in the city where p~incipal business is not in said city, and soliciting orders in said city shall pay a license tax of oo Plus 55 cents on each $100.00 of the gross receipts derived from such business· (b) Every person not licensed as a merchant and who is engaged in the business of repairing, mending, or making alterations to clothing, hats, carpets or rugs who receives gross receipts in excess of $2,000·00 from such business shall pay an annual license tax of ....... $25.00 Plus 10 cents on each $100.00 of gross receipts in excess of $2,000.00~ derived from such business· BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage· APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1970. No. 19060· A RESOLUTION recommending and urging the initiation of a project to provide industrial access from 9th Street, S. E., to a new headquarters plant and facility o an industry located in the Roanoke Industrial Center complex; setting out the need therefor; making provision for fur~Ahing the necessary right-of-way therefor and for the adjustment of utilities; and assuring the Gity's future maintenance of said new street. WHEREAS, the Davis H. Elliot Company, Incorporated, a corporation engaged in electrical construction, acquired by long-term lease from Industrial Center compl, in the City, a tract of undeveloped land situate in the Roanoke Industrial Center ea~ of 9th Stredt, S. E., on which site said companies will construct for the Davis H. Elliot Company, Incorporated, a new headquarters facilitY from which to conduct its- 163 cost the approximate sum of $200,000.00 and to be the headquarters for employment of approximately 300 persons, approximately one-half of whom are employed in ¥irginia; and WHEREAS, there is adjacent to the aforesid site a substantial quantity of other similar land equally suitable for industrial and commercial development, provid adequate means of access and necessary utilities and public services and facilities are made available to said property; and WHEREAS, the nature of the business operations of the Davis H. Elliot Company, Incorporated, involves the use of substantial numbers of heavy motor vehicle as we'll as numerous smaller vehicles, all of which result in .a present traffic of son seven hundred fifty vehicle trips per work day generated by such operations; and WHEREAS, existing accessways to said new site are inadequate and unsuitable for the type and quant, ity of vehicular traffic which will be occasioned by the openin of the headquarters facility of said company for business operations; and WHEREAS, § 33-135.1 of the 1950 Code of ~firginia, as amended, provides legislative authority for the use of certain public funds by the State Highway Commis sion for constructing or improvin9 access roads to commercial and industrial sites o which manufacturing, processing or other establishments are or will be constructed. THEREFORE, BE IT RESOLVED by the Council of the City of t~oanoke that said Council, having duly considered the matter, respectfully urges and recommends to the Highway Commission of ¥irginia that consideration be given, that immediate studies be made, and that a project be approved and initiated pursuant to the provisions of ~ 33-135.1 of the 1950 Code of ¥irginia, as amended, to provide a needed industrial access from 9th Street, S. E., in the Roanoke Industrial Center complex to the Davis H. Elliot Company, Incorporated, headquarters site located in the easterly portion of said industrial center, in the City, on which site is being or is to be constructe a new seven-state headquarters facility for said company's electrical construction business, and near which site additional commercial and industrial establishments may be or become located. BE IT FUI1THEIt ttESOLYED that this Council, in making the within request and recommendation, doth hereby assure and guarantee to the aforesaid Commission that the City will, if such project be approved and initiated, provide or cause to be pro- vided for the purpose of the project adequate rights-of-way and the adjustment of existing utilities which might be affected by said project, the cost of such rights- of-way and adjustment of utilities to be paid for by others than the Commonwealth; and that the City will, after construction of said new accessway, assume the proper maintenance of said new street or road. BE IT FUltTHER RESOLYED that the City Manager forthwith transmit attested copies of this resolution, together with appropriate supporting data, to the members of the Highway Commission of ¥irginia through regular channels established for the purpose. APPROVED /~T Tl~ RT · '164 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1970. No. 19061. AN ORDINANCE to amend and reordain Section =14, "Personnel," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFDRE,. BE IT ORDAINED by the Council of the City of Roanoke that Section ~14, "Personnel," of the 1969-70 Appropr. iation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PERSONNEL ~14 Advertising (1) ................................... $400.00 (1) Net increase ....... $200.00 BE IT FU[~THER 01~DAINEB that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1970. No. 19062. AN ORDINANCE authorizing and providing for the acceptance of a deed of conveyance of certain land, offered to be donated and conveyed to the City for public park and recreational purposes, ~pon certain terms and conditions; dedicating said land for public park and recreational uses, as a part of the John F. Kennedy Park; providing that a suitable marker be placed on said land proclaiming its donation to the City in honor and memory of the late Dr. L. C. Downing; and providing for an emer gency. WHEREAS, a citizen of the City of Roanoke, who wishes to remain anonymous, has generously offered to donate and convey to the City of Roanoke a 1.57 acre parcel of land hereinafter described, to be hereafter held and used by the City for public park and public recreati~al purposes, the donation of such land being made by said citizen in honor and memory of the late Dr. L. C. Downing, an outstanding and respect citizen of the City of Roanoke; and WHEREAS, said parcel of land adjoining the present easterly line of the John F. Kennedy Park and being dedicated as an enlargement of said park, would furnis to the citizens of Roanoke an attractive and useful place for recreation; and 165 WHEREAS, for the usual daily operation of the municipal government, an emer- gency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the )roper City officials be and they are hereby authorized and directed to accept on ~ehalf of said City, a deed conveyin9 the fee simple title to that certain 1.57 acre tract of land located adjacent to the southerly line of Andrews Road, N. W. and the easterly line of certain land of the City known as the John F. Kennedy Park, bounded and described as follows: BEGINNING at a point on the southerly line of Andrews,Road, N. W., 250 feet westerly from its intersection with the westerly line of 19th Street, N. W., at a point on the northwesterly corner of a 3.79 acre tract belonging to the City of Roanoke and the northeasterly corner of the property herein conveyed; thence, along the division line of said properties S. 13°. 58' 40" W. 660 feet to a point on the northerly line of a 4.91 acre tract belonging to the City of Roanoke; thence, along the division line of said properties N. 76© 1' 20" W. 104.5 feet to a point at the southeastern corner of a 7.83 acre tract belonging to the City of Roanoke known as John F. Kennedy Park; thence, along the division line of said properties N. 13© 58' 40" E. 660 feet to a point on the southerly line of Andrews Road, N. W.; thence, alonU the southerly line of Andrews Road, N. W., S. 76© 1' 20" E. 104.5 feet to the place of beginning, containing 1.57 acres, more or less. BE IT FURTHER ORDAINED that, upon conveyance to said City of the title to the aforesaid 1.57 acre parcel of land, the same be dedicated and hereafter held for public park and recreational uses, as a part of the City's John F. Kennedy Park. BE IT FURTHER ORDAINED that the City Manager be and he is hereby authorized and directed to ca.use to be executed and placed a suitable marker on the aforesaid 1. acre parcel of land, proclaiming its donation to the City by an anonymous citizen in honor and memory of the late Dr. L. C. Downing, an outstanding and respected citizen of the City of Roanoke, the cost thereof to be paid from funds appropriated by the Council for the purpose. BE IT FURTHER ORDAINED that the proper City officials be and they are hereb authorized and directed to accept on behalf of said City, such other deeds of conveya or quitclaim to the abovedescribed land or to portions of adjoining land as may be deemed necessary by the City Attorney in the premises, all such other land to be, likewise, dedicated for public park and recreational uses as a part of the aforesaid John F. Kennedy Park. BE IT FURTHER ORDAINED that the City Clerk do transmit attested copies of his Ordinance to the widow and children of the late Dr. L. C. Downing. BE IT FINA~.LY ORDAINED that, an emergency existing, this ordinance shall be n force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor ce 166 IN THE COUNCIL OF THE CITY OF ROANOKE, I/IRGINIA, The 16th day of February, 1970. No. 19063. AN ORDINANCE to amend and reordain Sec. 14 of Chapter 1, Title XIX, of the Code of the City of Roanoke, 1956, requiring the calibration and continuous operation of taximeters in certain public vehicles used for transportation of passengers within the City; and providing for an emergency. WHEREAS, the City Manager has recommended that certain public vehicles would be better regulated by the amendment hereinafter adopted of Chapter 1. Taxicabs and other vehicles for hire of Title XIX, of the present City Code, in which recommen dation the Council concurs and, for the immediate preservation of the public peace and safety, an emergency is hereby declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 14. Taximeters, of Chpater 1, Title XIX, of the Code of the City of Roanoke, 1956, requiring the calibration and continuous operation of taximeters in taxicabs and for-hire automobiles, transporting passengers within the City be, and said section is hereby amended and reordained to read and provide a~s follows: Sec. 14. Taximeters. Ail taximeters installed pursuant to this Chapter shall be calibrated to the rates established in Section 18, hereof, and shall be sealed at all times when the taxicab is in operation. Such taximeters shall be operated at all times within the City when any passenger is riding in a taxicab, other than the driver, and shall be operated in such a way as to charge said rates on the basis of destination stops. BE IT FINALLY ORDAINED that, an emergency existing this ordinance shall be in force and effect upon its passage. ATTEST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1970. No. 19064. AN ORDINANCE amending and reordaining Sec. 24. License Inspection, of Chapt 8, License Tax Code, Title VI. Taxatio. n, of the Code of the City of Roanoke, 1956, as amended; and providing for an emergency. WHEREAS, in accordance with a report submitted by a commi, ttee of the Counci and to facilitate the collection of certain license taxes made assessable on an annu basis and for the usual daily operation of the municipal-government, an emergency is 167 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 Cit'y of Roanoke that Sec. 2 License inspection, of Chapter 8, License Tax Code, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained to read and provide as follows: Sec. 24. License inspector and deputies; powers and duties generally. The commissioner of the revenue shall designate some person in his office to act as license inspector of the city, and may designate such other persons in his office to act as deputy license inspectors as he may deem necessary and proper, who shall at all times be under the supervision and control of the commissioner of the revenue. The license inspector and deputy license inspectors shall ascertain the name of each person en- gaged in conducting any business, occupation or profession in the city without having obtained a license therefor, the name of each person operating or causing to be operated on the streets of the city a vehicle without having obtained a license therefor, and the name of each person having a slot machine in any place mentioned in this chapter without having obtained a license therefor. The license inspector and any deputy license inspector shall have authority to issue and to serve a summons on any person found in the presence of such license inspector or deputy license inspector to be engaged in any business, occupation or profession or operating any vehicle upon the streets or having any slot machine in his possession or control without having obtained such license as is required by this chapter, or found to be violating any other provision of this chapter, commanding such person to appear before the Municipal Court of the City of Roanoke, Police Division, at such time and on suc date as is stated in said summons not later than five days from the issuance thereof; or the license inspector or any deputy license inspector may have a summons or warrant of arrest issued by a magistrate of the city for any such person, charging him with a violation of the proper provisions of this chapter, and may serve a copy of such summons upon such person in a manner provided by law. He shall return the original of any such summons to the clerk of the Municipal Court or to a judge thereof with the manner and time of service or execution stated thereon. Any. person who, having been served by such license inspector or deputy license inspector with any such aforesaid summons to appear before the Municipal Court of the City of Roanoke to answer a charge of a violation of the provi- sions of this ch[~ter, fails to make such appearance shall be guilty of a misdemeanor under this section and, upon conviction, shall be fined not less than $50.00 dollars nor more than $500.00 dollars, or shall be confined in jail for not more than 30 days, or shall be punished by both such fine and confinement The commissioner of the revenue shall have the power to prescribe such forms as he may deem necessary for the efficient administration of this chapter with respect to license taxes and may require tax- payers to domplete and file such forms in such manner as he may determine. The license inspector is authorized and empowered to summons any person, firm or coporation before him in the office of the commissione and require the production of any or all of his or its records, books and papers likely to throw any light upon the matter under investiga- tion, and he is authorized and empowered to make such other and furthe: investigations, examinations and audits of the records, books and papers of such persons, as he shall deem proper in order to accurately determine the proper return to be made by such person. The city license inspector shall have the 'power and right, at all reasonable times, to examine the books and records of any taxpayer liable for taxes assessable under this chapter with respect to the possible liability of any person using the facilities of such taxpayer, as well as with respect to the liability of the taxpayer whose books and records are so examined. If it shall appear that such purchases, sales, amount of business or other matters pertinent to said assessment have been incorrectly reported or returned or underestimated, said inspector shall make a report to the commissioner who, if he shall be satisfied that a~h person, firm or corporation has made an incorrect report or return or an underestimate, shall assess such person, firm or corporation with the proper city license tax and with such penalty as may be provided. 168 Every person, who shall fail to appear before said inspector or, appearing, fails or refuses to produce such records, books and papers, when duly summoned, or shall refuse to permit said inspector to make such other and further investigation and audit of said books and papers as a£Cresaid, shall be guilty of a misdemeanor. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: YCity Clerk Mayo~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The I6th day of February, 1970. No. 19065. AN ORDINANCE amending Chapter 8. License Tax Code, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, by the addition of a new sectio~ thereto, imposing certain license taxes upon persons engaging in the operation of moving, hauling and transfer companies within the City; and providing for an emergenc WHEREAS, in order to provide revenue for the City f~ the calendar year 197 and thereafter from certain license taxes assessable on an annual basis, and for.the usual daily operation of the municipal government, an emergency is hereby set forth and declared to exist, in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapt~ 8. License Tax Code, Title VI. Taxation, 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 thereto, such new section to be numbered 86.1, such new section to read and provide as follows: Sec. 86.1; Moving, transfer, and hauling companies for hire and transporta- tion of property. (a) The phrase "motor vehicle carrier," as used in this section, shall mean every person who operates or causes to be operated any motor vehicle, trailer or semitrailer for the transportation of property for compensation, whether for rent or for hire, or as a ,! contract carrier or common carrier of property, The phrase gross receipts, as used in this section, shall mean the gross yearly earnings or gross receipts derived from all earnings, fees, commis- sions, charges, rentals and income whatsoever arising from or growing out of the operation of .such motor vehicle, trailer or semi- trailer during the license tax year immediately preceding the license tax year for whizh the tax is computed, without any deduction whatsoev, (b) Every motor vehicle carrier who operates a motor vehicle, trailer or semitrailer on any street in the city for the trans- portation of property between places within the city shall obtain a license annually for such privilege and shall pay a license tax equal to ................. $15.00 plus 15 cents on each $100.00 of the gross receipts derived from such transportation· y® 169 (c) The license taxes levied by this section shall not be in lieu of any other tax levied under any other ordinance or section, and the license taxes levied under section 28, of Chapter 1, Title XVIII of this Code shall be levied and paid in addition to the taxes levied under this section. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1970. No. 19066. A RESOLUTION approving application to be made by the CitY for participation in the Urban Assistance Incentive Fund. WHEREAS, the City Manager has recommended that he be authorized to make application on behalf of the City to the Commonwealth of Virginia to participate in one-year program designed to utilize the Urban Assistance Incentive Fund established by the 1968 General Assembly of Virginia, advising the Council that it would be in- tended to recruit as employees therein approximately thi. rty young persons of ages between sixteen and twenty-one years from lower income families who would be provide. with a part-time educational and work-skill program in various departments of the City aimed at familiarizing such persons with the purposes, functions and operation of municipal government and at providing or motivating such persons towards a poten- tial future occupational skill; and WHEREAS, it is understood by the Council that, while such person would be in the City's part-time temporary employ, their wages would be paid by the City with funds supplied by the Commonwealth, and that the City's contribution to the program would consist of in-kind participation in said program; and that, as temporary, part- time employees in the program, although protected by Workmens' Compensation Insurance provisions would neither be members of the City's Employees' Retirement System nor entitled to sick leave or vacation benefits. 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 make application for and on behalf of the City to the Commonwealth of Virginia upon form substantially as has been exhibited to the Council, to participate in the Urban Assistance Incentive Fund established by the 1968 General Assembly of Virginia by the establishment of a one- year Urban Assistance Incentive Program in the City, and by the City's employment therein on a temporary, part-time basis of approximately thirty young persons between sixteen and eighteen years of age, whose wages while employed in such program would be paid by the City with funds provided for the purpose by' the Commonwealth. APPROVED 170 IN THE COUNCIL OF THE CITY OR ROANOKE, VIRGINIA, The 23rd day of February, i970. No. 19067. AN ORDINANCE permitting a temporary e'ncroachment into a sidewalk and street area for a distance of not more than two (2) feet of a certain fence to be erected around certain property situate on the northwest corner of Melrose Avenue and 18th Street, N. W., upon certain terms and conditions. WHEREAS, High's of Roanoke, owner of the property located on the northwest corner of Melrose Avenue, N. W., and 18th Street, N. W., known as Lot I6, Block 66, Melrose Land Company Map, has requested a seven-foot-high link wire fence along the Melrose Avenue and 18th Street frontage of said lot, but encroaching approximately two (2) feet over the property line and into the street and sidewalk area of said two streets; and WHEREAS, the City Manager has recommended that the request of said owner be granted as provided for herin, a sketch of the proposed installation having been made and filed in the office of the City Clerk; and 'WHEREAS, pursuant to the authority vested in local governing bodies by § 15.1-376 'of the 1950 Code of Virginia, as amended, and as provided in Sec. 4, Chapter 7, Title XV of the Code of the City of Roanoke, 1956, as amended, this Counci is agreeable to said owner's proposal and is willing to permit the encroachment hereinafter mentioned in and upon a portion of the Melrose Avenue and 18th Street sidewalk and street area abutting said owner's property, upon the terms and conditions hereinafter contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be and is hereby temporarily granted High's of Roanoke, Incorporated, owner of Lot 16, Block 66, Map of Melrose Land Company, located on the northwest corner of Melrose Avenue and 18th Street, N. W., to construct and maintain a certain seven-foot-high link wire fence in the street and sidewalk area of Melrose Avenue, N.' W., and 18th Street, N. W., but not to extend more than two (2) feet into said street and sidewalk area as measured from the lines of Lot 16, Block 66, Map of Melrose Land Company, abutting said streets, the approximate location of said 'fence to be as shown on copy of Plat showing survey of property of High's of Roanoke, Inc., dated February 6, 1969, prepared by C. B. Malcolm g Son, S. C. E., on file in the office of City Clerk, such fence to be constructed in accordance w~h temporary permit to be issued by the Building Commissioner and properly and safely maintained at the sole expense of the aforesaid owner, its successors or assigns, subject ~ the limitations contained in § 15.1-376 of the 1950 Code of Virginia, abovementioned; it to be agreed by said permittee that by making and maintaining such encroachments, said permittee and its successors and assigns agree to indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to persons or property that may arise by reason of such encroachment over said public sidewalk; and further, that the within permit shall be revocable at the pleasure of the City Counci BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until such time as a written permit shall have been issued by the City's Building Commissioner to the aforesaid owner, or its duly authorized il contractor or representative, and until an attested copy of this ordinance shall ![ have been duly signed, sealed, attested and acknowledged by authorized officials of Ii said permittee and shall have been admitted to record, at the cost of said permitteei in the Clerk's Office of the Hustings Court of the City of Roanoke. ATTEST: A P P R 0 V E D City C1 erk EXECUTED and accepted by the undersigned this , 1970: Mayor day of HIGH'S OF ROANOKE, INC. AT'rE ST: By: (Title) Secretary IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of February, 1970. No. 1906B. AN ORDINANCE to amend and reordain Section =47, "Fire Department," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Munioipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~47, "Fire Department," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FIRE DEPARTMENT ~47 Operating Supplies and Materials (1) ........................................ $ 6,500.00 Food, Medical and Housekeeping Supplies (2) ........................................ $ 3,800.00 (1) Net decrease ................... $800.00 (2) Net increase ......................... $800.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Mayor 172 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2$rd day of February, 1970. No. 19069. A RESOLUTION rejectin9 ail bids received for furnishing a fork-lift truck for use at the Roanoke Civic Center, and directing that the matter be readvertised for bids. WHEREAS, on February 9, 1970, and after due and proper advertisement had been made therefor, three (3) bids were received and opened by the Council for furnishing a fork-lift truck for use at the Roanoke Civic Center, which bids were, thereafter, referred to, tabulated and reported by a committee appointed for the purpose, to the Council, after which the Council, upon mature consideration, concluded that all such bids should be rejected. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that ~l bids heretofore received by the City on February 9, 1970, for furnishing a fork-lift truck for use at the Roanoke Civic 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. BE IT FURTHER RESOLVED that the City Manager do proceed to readvertise for bids for said matter, based upon reqritten specifications as set forth in de~ail in the aforesaid committee's report made to the Council under date of February 23, 1970 ATTEST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of February, 1970. No. 19070. AN ORDINANCE providing for the furnishing and. delivery of portable backdro for portable stages for use in the Roanoke Civic Center Coliseum and Exhibit Hail, by accepting a certain proposal made to the City for the supply of same upon certain terms and conditions; rejecting other bids made to the City;' and providing for an emergency. WHEREAS, at the meeting of the Council held on February 9, 1970, and after proper advertisement Md been made therefor,, two (2) bids for the sale and delivery to the City of portable backdrops for portable stages for use in the Roanoke Civic Center Coliseum and Exhibit Hall, 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 tabulati n of said bids and has further reported that the equipment hereinafter authorized to be purchased is the least expensive of such equipment which meets or exceeds all of the been appropriated to provide for payment of the equipment hereinafter authorized to purchased; and 173 WHEREAS, for the usual daily operation of the municipal 9overnment, 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 Filjon, Incorporated, of Syracuse, New York, to furnish, sell and deliver at the Roanoke Civic Center Coliseum, f.o.b. Roanoke, Virginia, new portable back- drops for the portable stages at the Roanoke Civic Center Coliseum and Exhibit Hall, includin9 drapes and accessories, all such equipment meetin9 or exceedin9 the City's specifications made for said equipment, for a total net purchase price of $1,998.00, cash, be, and said proposal is hereby ACCEPTED; and the City Purchasin9 Agent is hereby authorized and directed to enter into the requisite contract or purchase order with the successful bidder for the aforesaid new equipment, said contract or purchase order to be approved as to form by the City Attorney and to have incorporated therein the City's aforesaid specifications, said bidder's proposal, 9uarantees 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 officia shall be, and are hereby authorized to make payment to said supplier the above net purchase price, not to exceed the sum hereinabove enumerated. BE IT FURTHER ORDAINED that the other bid made to the City for the supply and delivery of other similar equipment be, and said bid :is hereby REJECTED; and the City Clerk shall so notify said other bidder and, in so doing, express the City's appreciation of said bid. BE IT FURTHER' ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: /City Clerk Mayor IN THE COUNCIL OF' THE CITY OF ROANOKE, VIRGINIA, The 2nd day of March, 1970. No. 19071. AN ~INANCE authorizing the proper City officials to execute, for and on behalf of the City of Roanoke, a contract to be dated as of the 12th day of July, 197 between the City of Roanoke and Industrial Development ~ Investment Company for the leasing of the flow of water from the Muse and House Springs for a contingent period of ten (10) years, at a rental of $..6,000.00 per year. WHEREAS, a certain contract made and entered into between the City of Roanoke and American Viscose Corporation dated July 12, 1950, pursuant to the provi- sions of Ordinance No. 10608 of the Council, which said contract was later, and in accordance with the provisions of Resolution No. 15453, assigned by said corporation to Industrial Development C~ Investment Company, iexpires by its terms on July !1, 197C and Industrial Devel'opm'ent C. Investment Company has negotiated through the City Mana, for a new and similar contract; and O, 174 WHEREAS, the City Manager has recommended to the Council that the City offe to enter into a new contract in the premises, advising the Council that the City sti has no present need for the use of the water from Muse and House Springs in its publi water distribution system. THEREF'ORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to execute, and the City Clerk is authorized and directed to seal and attest, for and on behalf of the City of ~.!iRoanoke, a contract to be dated as of the 12th day of July, 1970, between the City of Roanoke and Industrial Development ~ Investment Company for the leasing of the flo of water from the Muse and House Springs, said contract to contain as covenants and agreements between the parties those covenants and agreements heretofore set out in Ordinance No. 10608 of the Council and incorporated into the contract entered into pursuant to said ordinance, adapted to the present circumstances and except that the contract herein authorized to be executed shall be for a contingent term of ten (10) years commencing July 12, 1970, and that the consideration to be paid to the City by its contracting party shall be $60,000.00 for the full ten-year term thereof, payable in equal annual installments of $6,000.00, each, the first such annual installment to be due and payable as of the date of said contract and annual payments of the same amount to be made on the same day of each and every year during the term of said contract; said contract to be upon such form as is drawn and approved by the City Att or ney. ATTEST: /City Clerk APPROVED Mayor IN THE COUNCIL OF' THE CITY OF ROANOKE, VIRGINIA, The 2nO day of M~arch, 1970. No. 19072. A RESOLUTION relating to the late HONORABLE WILMER F. DILLARD, Substitute Judge of the Municipal Court of the City of Roanoke. WHEREAS, the members of this body, together with other citizens of the City learned with regr-et of the passing, on February 22, 1970,: of the Honorable Wilmer F. Dillard, a Substitute Judge of the Municipal Court of the City of Roanoke; member of the local bar, and a respected member of this community; and WHEREAS, from an early age he displayed an active and keen interest in athletics and sports as they concerned the youth of the ~mmunity and was a Director of Recreation for the City during the 1930's, organizing, participating in and officiating numerous recreational act. ivities throughout his life; and 175 WHEREAS, having obtained his formal education at Wilberforce University, the Boston University Law School and Harvard UniverSity School of Law, he began the practice of law in the City in 1946, and was appointed to the bench in the position of Substitute Judge of the Municipal Court of the City of Roanoke on October 1, 1965, which position of responsibility he discharged efficiently and with integrity until his demise. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth, by this resolution, formally recognize and express its awareness and appreciation of the meritorius public service performed by the late Honorable Wilmr F. Dillard in his judicial capacity; doth applaud his spirit of civic consciousness; and doth extend to the members of his family its sympathy in his passin9. BE IT FURTHER RESOLVED that the City Clerk do transmit attested copies of this resolution to the former Judge's aunt Mrs. Ollie Stultz Mallory, and to his uncle, Mr. Willie Stultz. ATTEST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF' ROANOKE, VIRGINIA, The 2nd day of March, 1970. No. 19073. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of the Roanoke Coca- Cola Bottling Works, Inc. to permanently vacate, discontinue and close a certain all~ approximately 25 feet wide and 100 feet long, and extending in a southerly direction from Center Avenue N. W., to another alley which runs generally east and west betwee Third and Fourth Streets, N. W. WHEREAS it appearing to the Council of the City of Roanoke, Virginia, that Roanoke Coca-Cola Bottling Works, Inc. did on February 19, 1970, duly_ and legally pul lish, as required by Section 15.1-364 of the Code of Virginia (1950), as amended, a notice of its application to the Council of the City of Roanoke, Virginia, to close the hereinafter described portion of an alley, the publication of which was had by posting'a copy of the notice on the front door of the cou:rthouse in the City of Roano~ 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 Virgini Code, as amended, all of which is verified by an affidavit of the City Sergeant appen to the application addressed to the Council requesting that the hereimfter described portion of an alley be permanently vacated, discontinued and closed; and Y~ ef ed 176 WHEREAS, it appearing to the Council that more than ten (10) days have elapsed since the publication of such proper legal notice, and the Council having considered said application to permanently vacate, discontinue and close the herein- after described portion of an alley; and WHEREAS, '.the applicant has requested that five viewers, and three of whom may act, be appointed to view said portion of an alley herein sought to be permanentl vacated, discontinued and closed' and report in writing, as required by Section 15.1-3 of the Code of Virginia (1950), as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. Edward L. Brewer, Jr., William M. Harris, Robert K. Rector, James L. Trinkle and Harold W. Harris, Jr., any three of whom may act, be, and they hereby are appointed as viewers to view the following described portion of an alley and rqgort in writing, pursuant to the provisions of Section 15.1-364 of the Code of Virginia (1950),. as amended, whether or not in their opinion any, and if any, what inconvenien would result from formally vacating, discontinuing and closing the same, namely: BEGINNING at a point on the south side of Center Avenue, N. W., S. 69o06'31'' E. 292.87 feet from the southeast corner of Center Avenue, N. 1~. and Fourth Street, N. W.; thence with the south side of Center Avenue, N. W., S. 69o06'31'' E., 29.23 feet to a point; thence with the westerly line of the remaining property of William B. Boswell S. 17o 49' W. 102.74 feet to a point on the north side of an alley; thence with the same N. 7~~ 02' 30" W. 27.61 feet to a point; thence continuing with the north~l'y side of the alley N. 74015' W. 1.85 feet to a point; thence with new lines and with a curved line to the left, whose radius is 15.0 feet and whose tangent length is 14.46 feet and whose chord is N. 61047' E. 20.82~feet, :the arc length of 23.01 feet to a point of tangent; thence with the westerly side of a new 15-foot width alley N. 17o49' E. 74.33 feet to a point of curve; thence with a curved line to the left, whose radius is 15.0 feet and whose tangent length is 14.21 feet and whose chord is N. 25° 38' 45" W. 20.63 feet, the arc length of 22.75 feet to the place of BEGINNING, containing 1630 square feet or 0.037 acre more or less, as shown in detail on plat prepared by C. B. Malcolm and Son, Engineers, dated March 17,1966. APPROVED ATTEST: ' City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of March, 1970. No. 19074. AN ORDINANCE to amend and reordain Section ~63, "Municipal Building," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Municpal Buildihg,'" of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 4 ;e 177 MUMEIPAL BUILDING ~63 Rentals (1) ..................... $17,000.00 (1) Net increase-, $500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF' ROANOKE, VIRGINIA, The 2nd day of March, 1970. No. 19075. AN ORDINANCE approving the City's participation in an Urban Traffic Opera-i tions Program to Increase Capacity and Safety, referred to as TOPICS; authorizing the City Manager to enter into joint agreement with the Commonwealth of Virginia, Department of Highways, and the City of Salem with refereence to said Program; and providing for.an emergency. WHEREAS, the City Manager in report made to the Council dated February 16, 1970, has recommended that the City approve the program hereinafter mentioned, pro- vided for in the Federal-Aid Highway Act of 1968, the first phase of which would con- sist of an overall study sufficient to establish a Type II system of roadways within the local study area, such study to be conducted by consulting engineers engaged by the Department of Highways; and WHEREAS, the City Manager has reported that the City's cost of such study, apportioned on the basis of population, will amount to a sum not exceeding $13,343.00, to be made payable upon the completion of said study; and there has been appropriated by the Council a sum sufficient to pay the aforesaid costs; and WHEREAS, for the usual daily operation of the municipal government an emer. gency 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 an Urban ~Paffic Operations Program to Increase Capacity and Safety, somet, imes referred to as TOPICS, to be conducted under the Federal-Aid High- way Act of 1968 jointly with the Commonwealth of Virginia, Department of Highways, al the City of Salem, the purpose of which is to develop and determine upon a Type II system of roadways within the City of Roanoke, the City of Salem and that portion of Roanoke County lying generally between said two cities. BE IT FURTHER ORDAINED that t'he City Manager be, and is hereby authorized and directed, for and on behalf of the City, to enter into appropriate agreement with said Department of Highways and the City of Salem establishing and providing 178 for the conduct of such Program, the first phase of which shall consist of a study, administrered, by the Department of Itighways, by engagement of consulting engineers te determine a Type II System of roadways within the Cities of Roanoke and Salem and that portion of Roanoke County lying generally between said two cities, the total cos of such study being estimated to amount to ~113,950.00, not more than $13,343.00 of which shall be paid by the City of Roanoke, the form of such agreement to be approved by the City Attorney. BE IT FURTHER OR[IAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of March, 1970. No. 19076. A RESOLUTION reaffirming and implementing .the City's policy of equal .opportunity of employment in the municipal government. WHEREAS, the Council of the City of Roanoke considers it appropriate,, time and in order that it take recognition of the progress 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, boa: and agencies and with their respective employees, teachers and the citizens of the C ,of Roanoke, have made in the area of their study and proposals 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-emphasize and implement its previous declaration that equal employment opportunity is the poll of the City of Roanoke~ NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby: 1. Reaffirm that it operates a racially desegregated municipal government; and doth hereby reaffirm its policy of examining, employing, assigning, promoting and discharging, without regard to race, all personnel of the Roanoke City municipal government; ~ 2. Direct the City Manager to strive to achieve, as openings and vacancies in employment exist or occur in City government, a racial employment balance an'd, within the standards for employment presented by the Council, a racial distribution of employees more in keeping ~ith the racial balance in the City; ds 179 of Council, a Fair Employment Practices Committee, consisting of five citizens of the City, which committee shall have such duties and responsibilities directed toward the implementation of the intent of this resolution as Council may determine 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 necessary from time to time. Members of said committee shall serve at the pleasure of the Council. 4. Authorize the Mayor of the City of Roanoke in his discretion to empower, with the concurrence of the Council, said Fair Employment Practices Committee to: (a) Receive from the Personnel Director notice of vacancies and impending 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 black applicants to fill vacancies in such de- partments. The Personnel Director, with the cooperation of the Departmnet Heads, before filling a vacancy should, where possible, consult with the committee for qualified black applicants. If the committee, in its judgment, considers that recom- mendations of said committee have not been employed and that such action constitutes racial discrimination, 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 an~ 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 Communi ty Relations Committee in matters of equa opportmity of employment in municipal government; provision of adequate recreational facilities; elimination of dilapidated housing, and improvement in black 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 workin together to implement the foregoing statement of principles. ATTEST: /City Clerk Authorize the Mayor of the City of Roanoke to appoint, with the concurrence Mayor APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of March, 1970. No. 19077. AN ORDINANCE to amend and reordain Section =22_ "Cnmmnn~mnlth'~ Affn~'.~,r" 180 of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT OFd)AINED by the Council of the City of Roanoke that Secti =22, "COmmonwealth's Attorney," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY =22 Printing and Office Supplies (1) (2) ....... $815.00 (1) Net increase-- $175.00 (2) Subject to approval of State Compensation Board. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A TTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF' ROANOKE, VIRGINIA, The 2nd day of March, 1970. No. 19078. A RESOLUTION initiating and providing for the permanent closing, va~.ating, discontinuing and abandonment of that certain portion of Courtland Road, N. E., 56 feet in width,, extending from the southerly line of Orange Avenue, N. E., to the westerly line of Williamson Road, said street being shown on Sheet 302 of the City's Tax Appraisal ~lap; appointing viewers to view said street; requesting th'e City Planning Commission to make study and recommendation on said proposal; and providing for a public hearing on the said proposal. WHEREAS, it has come to the attention of the Council that due to the pendi~ improvement of the intersection of Orange Avenue, N. E., and Williamson Road, that portion of Courtland Road, N. E., exte~ling from the southerly line of Orange Avenue to the westerly line of Williamson Road, is no longer needed nor desirable for use as a public thoroughfare, and should be permanently vacated, closed, discontinued and abandoned; and WHEREAS, it is this C:ou~cil'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 right-of-way as the same is more particularly hereinafter described. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the said Council proposes, on its own motion and pursuant to the provisions of Sec. 15.1- 364 of the 1950 Code of Virginia, as amended, to permanently close, vacate, disconti .e 181 and abandon as a public street, in the City of Roanoke, the following: That certain portion of Courtland Road, N. E., approxi- mately 56 feet in width, extending from the southerly line of Orange Avenue, N. E., in a southerly direction, to the westerly line of ~illiamson Road, as the same is shown cross-hatched on Sheets Nos. 5 and 11 of the plans for Virginia Department of Highways Project No. 0460-128-102, PE--102, R~-202, C-502, copies of which are on file in the office of the City Engineer, Roanoke, Virginia. BE IT FURTHER RESOLVED that this matter be referred to the City Planning Commission for study, report and recommendation thereon to the Council, and ;that pursuant to the provision of the law for such cases made and provided, Messrs. Lester K. Stover, Jr., ~illiam P. Wallace, J. Harry McBroom, Jr., J. Tare McBroom, and Dewey H. Marshall, any three or more of whom may act, are hereby appointed viewers in accordance with the aforesaid statute, to view said street and report in writing to this Council whether, in their opinion any, and if any, what inconvience would result from permanently abandoning, closing, discontinuing, and vacating the same; and BE IT FINALLY RESOLVED that a public hearing on the question be held be- fore the Council at its regular meeting on the 6th day of April, 1970, at 2:00 o'clock p~m., or as soon thereafter as the same may be heard, and tha, t the Clerk do cause a proper notice of said hearing to be advertised in one of the newspapers pub- lished in the City not less than ten (10) days prior to the date of said public hearing. ATTEST: }'~City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of March, 1970. No. 19080. AN ORDINANCE to amend and reordain Section =22, "Commonwealth's Attorney, of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that "of the 1969-70 Appropriation Ordinance be, Sectiofi ~22, "Commonwealth's Attorney, ., and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY =22 Travel Expense (1) ......................... ~161.86 (1) Net increase--- '~{[~ 182 BE IT FUI~THER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,~ The 9th day of March, 1970. No. 19081. AN O~DINANCE to amend and reordain Section =25, "Clerk of Courts," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, .for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =25, "Clerk .of Courts," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ~ CLERK OF COURTS =25 Personal Services (1) (2) ........... $98,004.00 (1) Net increase--- ~{:~:~ (2) Subject to approval of State Compensation Board. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of March, 1970. No. 190B2. AN ORDINANCE to amend and reordain Section =91, "Non-Departmental," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL =91 Refund Taxes (1) ..................... $.46,000.00 (1) Net increase ............. ~:~:~ 183 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City C erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of March, 1970. No. 19083. AN ORDINANCE to amend and reordain Section =91, "Non-Departmental," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL ~91 Refund Fines (1) ....................... $3,500.00 (1) Net increase ................. ~.~~ BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ,"~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of March, 1970. No. 19084. A RESOLUTION concurring in the award of a contract by the Virginia Department of Highways for the construction of an access road to the City's Mill Mountain Park, as Project 9999-128-102, C-501; providing for the execution of any necessary and requisite agreement with the Virginia Department of Highways relative to the maintenance of said highway; ratifying and confirming the City's intent to participate in the payment of a certain portion of the costs of said project; and providing for an emergency. 184 WHEREAS, pursuant to the City's requ, est therefor, the Virginia Department of Highways, after preparing construction plans and specifications therefor and making requisite advertisement, has received contractors' bids for constructing the new recreational access road herein described, extending, generally, from the present east end of Walnut Avenue, S. E., around the north and east sides of Mill Mountain t to Mill Mountain Spur, in the City, for which the Commonwealth will assume payment of the first $200,000.00 of total cost and the City has agreed to pay 50% of the re- maining part of such total cost; and WHEREAS, of the several bids received by the Virginia Department of High- ways for the construction of the aforesaid project, a bid of $348,512.85 made by Wiley N. Jackson Company is reported by the Department of Highways to be the lowest and best bid received for the construction of said improvements, which said bid is acceptable to said Department, the City's concurrence being forthcoming; and WHEREAS, in addition to the amount of the aforesaid low bid, there is to b( included in the total cost of the project, for engineering and contingencies, a sum equal to 10% of the amount of the aforesaid bid, so that the total cost of the entir of said project to be apportioned between the Commonwealth and the City is the esti- mated sum of $383, 364.14, of which the first $'200,000.00 is to be paid by the Common wealth and the remaining $183,364.14 of cost is to be divided equally between said Commonwealth and the City; and WHEREAS, there have been appropriated by the Council for the purpose funds sufficient to pay the City's 50% portion of the total estimated costs of the project in excess of the first $200,000.00 of such costs, and said Department has requested that the City concur in its award of a requisite contract to the aforesaid low bidde] for the construction of said access road, based upon said bid of $348,512.85. THEREFORE, BE IT RESOLVED 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, to Wiley N. Jackson Company, the lowest and best bidder to said Department, for the construction of a new recreational access road to the City's Mill Mountain Park, as shown on the plans for Project 9999-128-102, C-105, said con- tract to be based on said contractor's bid of $.348,512.85, it being agreed and under- stood that in the total cost of said project there shall be included a sum for engineering and contingencies equal to 10% of the aforesaid low bid, and that the City's proportionat~ share of the total estimated cost of $383,364.14 shall be 50% of all over the first $200,000.00 of such total estimated cost. BE IT FURTHER RESOLVED that Julian F. Hirst, City Manager, be, and he is hereby authorized to execute, if necessary, on behalf of the City with the a~oresaid Virginia Department of Highways an agreement relating to the maintenance, signing and regulation of the use of the aforesaid highway and containing the City's agree- ment to participate in payment of the actual cost of said improvements as herein set out. . 185 BE IT FURTHER RESOLVED that attested copies of this resolution be trans- mitred by the City Manager to officials of the aforesaid Department as evidence of this Council's concurrence and statement of agreement. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of March, 1970. No. 19085. A RESOLUTION approving the City Manager's issuance of Change Order No. 5 in connection with the City's contract for the construction of the Roanoke Civic Center. WHEREAS, the City Manager, in report to the Council dated March 2, 1970, has recommended that the Council approve the issuance of a change order so as to provide for the construction of the ice hockey play area at the Roanoke Civic Center with dimensions of 85 feet by 190 feet, rather than 85 re. et by 200 feet as presently shown on the plans, to be accomplished by Nello L. Teer Company, the City's contrac- tor for said project advising that the 85 by 190 foot play area would provide much better sight line visibility for spectators in the end sections of the Coliseum when the same is used for ice hockey purposes and advising, further, that the change is proposed to be accomplished without change in overall cost and without allowance of additional time for construction; and WHEREAS, the Council is of opinion that the change proposed in such work desirable for the reasons reported by the City Manager and, accordingly, concurs in his aforesaid 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 beha'. of the City, Change Order No. 5 to the City's con.tract with Nello L. Teer Company, so as to provide for the construction of the ice hockey play area in the Coliseum unit of the Roanoke Civic Center, with dimensions of 85 feet by 190 feet, rather tha 85 feet by 200 feet, such change to be accomplished without change in overall cost to the City and without necessity of allowance of additional time as a result of such change. ATTEST: ~/ City Clerk APPROVED Mayor 18.6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1970. No. 19079. AN ORDINANCE vacating, discontinuing and closing a portion of 20th Street, N. E., lying between the South side of Orange Avenue and Purcell Avenue, N. E., and extending from Orange Avenue, N. E., in a Southerly direction 120 feet, more or less to the North side of a ten (10) foot alley located in Blocks 19 and 20, Jackson Park said portion of street lying between lots designated as Official Tax Nos. 3330101 an 3221537. WHEREAS, Junious E. and Lucy J. Fuqua, and John C. Boone and Gladys A. Boone have heretofore filed their petition before Council in accordance with Section 15.1-364 of the Code of Virginia of 1950 requesting Council to permanently vacate, discontinue and close a portion of the above described str, eet; and WHEREAS, in accordance with the prayers of said petition viewers were appointed by Council on the 12th day of January, 1970, to view the property and re- port in writing whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing said portion of street; and WHEREAS, it appears from the duly verified report of three of said viewers filed with the City Clerk on the 3rd day of ~larch, 1970, that no inconvenience would result either to any individual or to the public from permanently vacating, discon- tinuing and closing said portion of street; and WHEREAS, it further appears ;that petitioners agree to bear all expense of this proceeding; and WHEREAS, it further appearing from a communication filed with the Clerk of the Council on the 5th day of February, 1970, that the City Planning Commission recommends the granting of the prayer of the petition, the City retaining all utilit and WHEREAS, on the 9th day of March, 1970, a public hearing to consider the closing of the portion of said street herein requested was held before City Council and no objection was heard from any citizen to the request for closing. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the following portion of street lying between the Jackson Park Map: That portion of 20th Street, N. E., lying between the South side of Orange Avenue and Purcell Avenue, N. E., and extending from Orange Avenue, N. E., in a Southerly direction 120 feet, more or less, to the North side of a ten (10) foot alley located in Blocks 19 and 20, Jackson Park, said portion of street lying between lots designated as Official Tax Nos. 3330101 and 3221537. be, and it hereby is, permanently vacated, discontinued and closed and that all righ 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 es; 187 Roanoke an easement for any sewer lines or water mains and other public utilities 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 closing of the portion of said street. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1970. No. 19086. AN ORDINANCE to amend and reordain Section =2, "Clerk," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CLERK =2 Maintenance of Machinery & Equipment (1) ..... (1) Net increase ~[~)~ $475.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1970. No. 19087. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvement Fund," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 188 THEREFORE, BE IT ORDAINEII by the Council of the City of Roanoke that Sec- tion =89, "Transfers to Capital Improvement Fund," of the 1969-70 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENT FUND =89 Capital Improvement Projects- Traffic Operations Program to Increase Capacity and Safety (TOPICS), 70-4 (1) .............................. $2,575,155,.03 (1) Net increase ...... ........ $13,343.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / City Clerk APPROVED Mayor IN THE CDUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1970. No. 19088. AN ORDINANCE providing for the purchase of one (1) new refuse compaction unit upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said equipment; rejecting other bids made to the City; and providing for an emergency,. WHEREAS, on March 5, 1970, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the equipment hereinafter mentioned were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereaiter 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, considering all of the same, has determined that the bid hereinafter accepted is the best bid made to the City for the supply of said equipme considering that time of delivery is of the essence, and that funds sufficient to pa for the purchase price of said equipment have been or are being appropriated; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of 'the City of Roanoke that the bid of the Sanco Corporation made to the City, offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, one new Dempster Dumpmaster Model 45-25C, refus t, 189 compaction unit, having a capacity cf 25 cubic yeards, complete and mounted on a 1970 GMC cab and chassis, Model T~I7730 fully meeting all of said City's specifications and requirements made therefor, for a total net purchase price of ~;17,995.00, after de- ducting trade allowance for trade-in equipment described in the City's specifications be and said bid is hereby ACCEPTED; and the City's Purchasing Agency be, and he is hereby authorized and directed to issue the requisite purchase order therefor, in- corporating into said order the City's aforesaid specifications, the terms of said bidder's proposal, and the terms and provisions of this ordinance; the oest of said vehicle, when delivered, to be paid for out of funds heretofore or contemporaneously being appropriated for the purpose; and upon delivery to the City of the aforesaid vehicle and upon the City's acceptance of the same, the City Auditor shall be, and he is hereby authorized and directed to make requisite payment to said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out, and the City Manager is authorized, upon acceptance of the new equipment, as afore- said, 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 s aid bids. BE IT FURTHER ORDAINED that, an emergency existihg, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1970. No. 19089. AN ORDINANCE to amend and reordain certain sections of the 1969-70 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 the following sections of the 1969-70 Appropriation Ordinance be, and the same are hereby amended and reordained to read as follows, in part: REFUSE COLLECTION AND DISPOSAL ~69 Vehicular Equipment - New ...................... +$17,995.00 Operational and Constructi~ Equipment - New .................................. -$ 1,882.52 190 TRAFFIC ENGINEERING AND COMMUNICATIONS ~57 Vehicular Equipment - Replacement ................ -$ 1,700.00 SNOW AND ICE REMOVAL =22 Operational and Construction Equipment - Replacement ......................... -$ 768.00 MAINTENANCE OF CITY PROPERTY ~64 Rentals ....................... -$ 36.54 Equipment - New ................................. -$ 1,630.02 SEWER MAINTENANCE ~67 Vehicular Equipment - Replacement ..................................... -~10,500. O0 STREET CLEANING =68 Vehicular Equipment - Replacement . . Eq'''''''uipment ' ~'~~]~~ -$ 1,282.92 Vehicular - -$ 195.oo BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1970. No. 19090. A RESOLUTION approving the City Manager's issuance of a change order in connection with the City's Contract for the construction of the Lick Run-Tinker Creek Interceptor Sewer· WHEREAS, the City Manager, in report to the Council dated February 23, 197, has recommended that the Council approve the issuance of a change order so as to provide for the construction of one section of cast iron pipe and two piers in the Lick Run-Tinker Creek Interceptor Sewer for the purpose of bridging a petroleum pro- ducts pipeline to be accomplished by Branch g Associates, Inc., the City's contractor for said project, at an additional cost of $3,000.00; and WHEREAS, funds sufficient for the payment of the aforesaid additional cost have been or are being appropriated by the Council for the purpose, and the Council is of opinion that such work is necessary. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on be- half of the City, a Change Order to the City's contract with Branch g Associates, In¢ so as to provide for the construction of one section of cast iron pipe and two piers in the Lick Run-Tinker Creek Interceptor Sewer for the p~rpose of bridging a petroleu~ products pipeline, as such work is described and set out in the City Manager's 191. report made to the Council on February 23, 1970, all for an additional cost to the City of $3,000.00, to be paid the aforesaid contractor out of funds appropriated by the Council for the purpose. ATTEST: l City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1970. No. 19091. AN ORDINANCE to amend and reordain Section =10, "Auditor," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~10, "Auditor," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AUDITOR =10 Personal Services (1) ........................ $165,190.00 (1) Net increase ....... $1,578.00 EDP Operator at Range 18, Step 1, $526.00 per month BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1970. No. 19092. AN ORDINANCE providing for waterproofing the west stands at Victory Stadiun accepting a certain bid made to the City therefor; and providing for an emergency. WHEREAS, at the meeting of the Council held on March 2, 1970, and after due and proper public advertisement had been made therefor, four bids made to the City in writing for waterproofing the west stands at Victory Stadium were opened and read before the Council, whereupon Said bids were referrred to a committee to be tabulated 192 and studied, with report thereon to be made to the Council; and WHEREAS, said committee has reported to the Council that the bid of Skylin< Paint ~. Hardware, Incorporated, is-the lowest and best bid made for the said work of improvement and fully meets the City's requirements and specifications made therefor and should be accepted, negotiation with said bidder having resulted in a substan- tial reduction of the cost of the improvement; and WHEREAS, funds sufficient to pay for the cost of said improvement have been or are being appropriated 'for the purpose by the Council and, an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFOffE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Skyline Paint g Hardware, Incorporated, to furnish all labor, materials, tool and equipment to completely waterpro6f the entire area known as the West Stands at Victory Stadium, in full accordance with the City's plans, specifications and re- quirements made therefor, and for the gross lump sum price of $16,000.00 for said work be, and said bid, as reduced, is hereby ACCEPTED; and the City Manager and City Clerk are hereby authorized and directed, for and on behalf of the City, to enter into a requisite contract with the aforesaid bidder for the performance of said work said contract to incorporate therein the City's plans and specifications made for said improvements, the bidder's written proposal made to the City, and letter amendment thereto, and the terms and provisions of this ordinance, said contract to be, otherwise, Upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinNnce be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 1970. No. 19093. AN ORDINANCE to amend and reordain Section ~64, "M.aintenance of City Pro- perty,'' of the 1969-70 Appropriation Ordinance, and providing for ap emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =64, "Maintenance of City Property," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reo~dained to read as follows, in part: 193 MAINTENANCE OF CITY PROPERTY =64 Maintenance of Buildings and Property ........................... Repairs ;; ~iii; Recreation Center Roof -$.460.00 Repairs to Eureka Park Shelte'r -$330.00 Replacement of Stadium Seats -~{210.00 Waterproofing of West Stands +$I,000.00 $203,058.31 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage° APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of March, 1970 No. 19095. A RESOLUTION approving a Development Program and Comprehensive Plan dated January 26, 1970, and authorizing and approving 105 additional units of low-rent housing for Project No. VA. 11-8 proposed to be erected by the City of Roanoke Redevelopment and Housing Authority. WHEREAS, Council for the City of Roanoke did, by Resolution No. 18211, adop on June 24, 1968, authorize and approve the execution on behalf of the City of Roanoke of a certain Cooperation Agreement between the City of RoanoB. e and the City of Roanoke Redevelopment and Housing Authority for the construction of 600 units of low-rent housing, to be developed and located within the corporate limits of the City of and WHEREAS, pursuant thereto said Cooperation Agreement, dated June 25, 1968, was entered into between the said City of Roanoke and City of Roanoke Redevelopment and Housing Authority; and WHEREAS, by Resolution No. 18023, adopted on February 26, t968, it was resolved by the Council of the City of Roanoke that there is a need in the City of Roanoke for an additional 600 units of Iow-rent housing, that the City of Roanoke Redevelopment and Housing Authority should proceed with the planning and surveys, and such other steps as are necessary in the develop~nent of a Development Program for an additional 600 units of iow-rent public housing in the City of Roanoke and the pre- paration of a ComprehensJye Plan for the construction thereof for submission to the Council of the City of Roanoke; and said Council for the City of Roanoke did approve the borrowing by the City of Roanoke Redevdopment and Housing Authority from the Housing Assistance Office of preliminary loan funds for the purpose of preparing said development program and comprehensive plan; and ,ed 1'94 WHEREAS, by virtue of Sections 36-19.1 and 36-19.2 of the 1950 Code of Virginia, as amended, such Comprehensive Plan for such Project and the additional lo~ rent housing therein proposed to be constructed is required to be authorized and approved by this Council; and WHEREAS, it appears that the development and construction of 105 of the aforesaid 600 to;v-rent dwelling units is necessary to enhble said Authority to provic decent, safe, and sanitary housing for low-income citi.zens of the City of Roanoke, Virginia: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Development Program and Comprehensive Plan of Project No. VA. 11-8 dated January 26, 1970, prepared by the City of Roanoke Redevelopment and Housing Authorit for the site improvement and erection of 105 additional low-rent dwelling units by the City of Roanoke Redevelopment and Housing Authority, a copy of the Development Program and Comprehensive Plan are on file in the office of the City Clerk, be and is hereby approved by this Council; and that the'development and construction by said Authority of such 105 additional low-rent.dwelling units be and is hereby authorized and approved. TEST AT : City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of March, 1970. No. 19098. AN ORDINANCE to amend and reordain Section =20, "Municipal Court," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared .to exist. THEREFORE, BE IT ORDAINED. by the Council of the City of Roanoke that Secti g20, "Municipal Court," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL COURT ~20 Maintenance of Machinery and Equipment (1) ............................... $675.00 Travel (2) ...................................... $125.00 (1) Net increase .... $175.00 (2) Net decrease ....... $175.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: A P R 0 V E D '11 195 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of March, 1970. No. 19099. AN ORDINANCE to amend and reordain Section ~75, "Parks and Recreational Areas," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS,. for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREF'ORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ;;75, "Parks and Recreational A~eas," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PARKS AND RECREATIONAL AREAS ~75 Operating Supplies and Materials (1) ............ $.22,875.00 (1) Net increase .... $330.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~'~*/ -City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of March, 1970. No. 19100. A RESOLUTION acknowledging regulatory action taken by the Board of Super- visors of Roanoke County with respect to zoning. WHEREAS, by Resolution No. 17774 heretofore adopted by the Council, the Board of Supervisors of Roanoke County was respectfully reluested and urged to adopt comprehensive and height zoning regulations applicable to lands under the jurisdictio of said County in the vicinity of the Roanoke Municipal Airport, this Council having adopted, contemporaneously with said request, similar comprehensive and height zoning regulations applicable to land within the corporate limits of the City; and WHEREAS, the Council is advised by the City Attorney that the Board of Supervisors of Roanoke County, by ordinance of said Board of Supervisors adopted December 30, 1969, placed into effect in said County proper and adequate comprehensiv and height zoning regulations which are applicable to lands in said County situate in the vicinity of the Roanoke Municipal Airport. NOW, THEREFORE, BE IT RESOLVED by the Council oil the City of Roanoke that said body doth hereby formally acknowledge and recognize, with approval and appre- ciation, the action taken by the Board of Supervisors of Roanoke County in the form of 196 that certain ordinance, adopted by said Board of Supervisors on December 30, 1969, containing, among other appropriate zoning regulations, comprehensive and height zoning regulations applicable to lands under the jurisdiction of Roam ke County in the vicinity of the City's Roanoke Municipal Airport. BE IT FURTHER RESOLVED that the City Clerk do transmit to the Honorable Charles H. Osterhoudt, Chairman of the Board of Supervisors of Roanoke County, an attested copy of this resolution. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of March, 1970. No. 19101. AN ORDINANCE amending Chapter 8. License Tax Code, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, by addition of one (1) new section thereto, imposing, certain license taxes upon persons engaged in the busines of operating data processing bureaus or in the business of furnishing data processing services; and providing for an emergency. WHEREAS, in order to provide revenue for the City for the calendar year 1970 and, thereafter, from certain license taxes assessable on an annual basis, and for the usual daily operation of the municipal government, an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 8. License Tax Code, Title VI, Taxation, of the Code of the City of Roanoke, 1956, as amended, be and said Chapter is hereby amended by the addition of one (1) new section thereto, such new section to be numbered 65.1, such new section to read as follows: Sec. 65.1 Data processing bureaus; data processing services. Every person who, for compensation, engages in the business of processing data for another, for the purpose of furnishing information or for the prepar, ation of payrolls, checks, account statements, mailing lists, surveys, or other statistical infor- mation or reports or records of any nature by electronic data processing machines, computers, or similar devices shall pay an annual license tax of ........... $55.00 plus 55 cents on each $10~.~O'of gross receipts derived from or arising in any manner from or growing out of the conduct of such business. BE IT FURTHER ORDAINED that every person engaged in the business defined and classified in Section 65.1, aforesaid, who shall have been classified and licens. for the tax year 1970, pursuant to the provisions of Section 96. Professional Service 197 of this chapter, may, upon written application made to the Commissioner of the Revenue, be reclassified and licensed by said Commissioner under the provisions of Section 65.1, aforesaid; and upon any such reclassification the Commissioner shall provide for appropriate adjustment of any license tax previously assessed upon such person under such other section fo r tax year 1970. BE IT FINALLY ORDAINED that, an emergency existin9 this ordinance shall be in full force and effect upon its passage. A P P R 0 ~/E D ATTEST: Mayor " /City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI~ The 23rd day of March, 1970 No. 19102. AN ORDINANCE accepting a certain proposal and awa~din9 a contract for con- struction of an extension of Runway 5-23 at F~oanoke Municipal Airport, together with other related work, under Proposal I for Federal Airport Project No. 19, at Roanoke Municipal Airport, upon certain terms and conditions; authorizin9 the proper City officials to execute the requisite contracts; rejecting all other bids made for said improvements; and providing for an emergency. WHEREAS, at the meeting of the Council held on March 9, 1970, and after due and proper advertisement had been made therefor, certain bids for constructing an extension of Runway 5-23, together with related taxiway and lighting, and the relocation of State Secondary Route 626 at and adjacent to Roanoke Municip~ Airport, were received, and were opened and read before the Council[, whereupon all said bids were referred to a committee for tabulation and study and for recommendation to be made thereon to the Council; and WHEREAS, said committee has reported to the Council, in wri ting, its tabula tion of said bids, from which and upon said committee's report it appears that the proposal hereinafter accepted represents the lowest and best bid received by the City for the performance of said works of improvement; and WHEREAS, sums sufficient to pay for the cost of the contract hereinafter authorized have been, or are bring appropriated by the Council for the purpose; and for the usual daily operation of the municipal government, an emerg.ency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, conditioned upon the concurrence and approval of Federal Aviation Administration of the City's award of contract as hereinafter provided, first obtained, and said agency's agreement to partidpate with the City in payment of a portion of the cost of the improvements hereinafter described and to the extent heretofore provided by the City's application for Federal Airport Project No. 9--44-012-19, the following bid or proposal made to the City in writing is hereby ACCEPTED, viz: 198 The proposal of Branch & Associates, Incorporated, for extending Runway 5-23 approximately 476 feet to the west, together with related taxiway and 1,ighting and a relocation of State Secondary Route 626, at and adjacent to Roanoke Municipal Airport, in full accordance with Proposal I of the City's plans and specifications made for Airport Project No. 19, and within the period of time mentioned in said specifications, for the sum of $,327,419.50, payable as provided in the bid documents (said contractor to supply a minimum of 30,000 cubic yards of borrow materials from its own site at $,1.28 per cubic yard) which bid documents are on file in the office of the City Clerk. BE IT FURTHER ORDAINED that the City Manager and the City Clerk, upon the City's receipt of concurrence of Federal Aviation Administration in the acceptance of the aforesaid bid and approval of the contract to be entered into, be, and they are hereby authorized and directed, for and on behalf of the City, to execute and attest, respectively, a requisite contract in writing with the aforesaid bidder, suc contract to have incorporated 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. BE IT FURTHER ORDAINED that the proposals o£ all other bidders £or the performance of said work be, and the same are hereby REJECTED; the City Clerk to so notify each of said other bidders and to express to each the City's appreciation of said bids. BE IT FINALLY ORDAINED that, an emergency existi rig, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of March, 1970. No. 19103. AN ORDINANCE to amend and reordain Section g89, "Transfers to Capital Improvement Fund," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal GovernmeU~ of the City of Roanoke, an emergency is declared to exist. 199 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~89, "Transfers to Capital Improvement Fund," of the 1969-70 Appropriation Ordinance,, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENT FUND ~89 Capital Improvement Projects (1) ............ $2,$81,155.05 (1) Net increase- $6,000.00 CIP =9 - Improvements to Runway 25 at Roanoke Municipal (Woodrum) Airport ~ BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / ' City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of March, 1970. No. 19104. AN ORDINANCE accepting the proposal of Adams Construction Company for per- forming certa in miscellaneous, small area hard surface street and sidewalk restora- tion; authorizin9 the proper city officials to execute the req~site contract; rejectilng all other bids; and providing for an emeregency, i WHEREAS, at the meeting of the Council held on March 16, 1970, and after due and proper advertisement had been made therefor, three (3) bids for performing street and sidewalk restoration occasioned by the normal daily operations of the City's Water Department were received' and were opened and read before the Council, whereupon all said bids were referred to a committee for tabulation and study and for recommenda- tion to be made thereon to the Council; and WHEREAS, said committee has reported to the Council in writing its tabula- tion of said bids, from which and upon said committee's report it appears that the bid of Adams Construction Company, in the sum of $47,921.35, based on estimated quantiti is of the lowest and best bid received by the City for the performance of said work; WHEREAS, sums sufficient to pay for the cost of the contrmct hereinafter authorized have been appropriated by the Council for the purpose; and for the usual daily operation of the Water Department, a department of the municipal government, an emergency is set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the proposal of Adams Construction Company for performing mis- cellaneous, small area improved hard surface street and sidewalk restoration occasio ~d by the normal daily operation of the Water Department, in full accordance with the City's plans and specifications, and durin9 the period of time mentioned in said specificati OhS, at the unit prices and for not more than the estimated sum of $47, 921.35, which proposal is on file in the office of the City Clerk, be, and said proposal is hereby ACCEPTED; 200 '2. That the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and attest, respectively, a requisite contract with the aforesaid bidder, incorporating therein the aforesaid specifications, said bidder's proposal and the provisions of this ordinance, the form of which said contract shall be approved by the City Attorney; and 3. That the proposals of the other bidders for the performance of said work be, and the same are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall b in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of March, 1970. No. 19105. A RESOLUTION expressing congratulations to the members of the Jefferson High School Basketball Team and to its coach, Mr. Richard H. Kepley, upon their successful pursuit of the State Group I-A, Basketball Championship. WHEREAS, the members of the Jefferson High School basketball team, under the most able direction and coaching of Mr. Richard H. Kepley, has compiled over the last season the enviable record of twenty-four victories and only one loss against the strongest of competition; and WHEREAS, this group of young men and their coach, throughout the campaign continuously performing with the highest degree of mastery of the sport, participate for the second consecutive year in the State Group I-A, Championship Basketball contest, and, WHEREAS, throughout the several elimination tournaments this team exhi- bited rare and commendable spirit, ability and courage, all of which culminated in victory by a single point over the team from Maury High School of Norfolk in the championship game on March 14, 1970,. thus winning for Jefferson High School the State of Virginia Group I-A Basketball Championship. HEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke that this Council, for itself and on behalf of the citizens of the City, does ~extend hearty congratulations to the members of the Jeff. erson High School Varsity Basket- ball Team, and its coach, Mr. Richard H. Kepley, for their most distinguished at~hlet achievements, and does applaud the exceptional fortitude and determination which C has marked this team throughout the year, all of which has reflected great credit upon its members, its school and the community. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of March, 1970. No. 19106. AN ORDINANCE providin9 for the furnishing and installation of soft drink dispensing equipment and syrups for the Roanoke Civic Center by accepting certain proposals made therefor, upon certain terms and conditions; rejecting all other bids made to the City; and providing for an emergency. WHEREAS, on March 3, 1970, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the equipment hereinafter mentioned were opened in the office of the City's Purchasing Agent by four 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 contracts as hereinafter provided; and the Council, considering all of the same, has determined that the bids hereinafter accepted are the lowest and best bids made to the City for the supply of said 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 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 that the proposal of Coca-Cola USA, a division of Coca-Cola Company of Norfolk, Virginia, made in conjunction with the proposal of Roanoke Coca-Cola Bottling Works, Inc., hereinafter accepted, to furnish, supply, install and maintain all necessary soft drink dispensing equipment in full and complete conformance with the City's specifi- cations made therefor and with said bidder's proposal, in the Roanoke Civic Center Auditorium, Coliseum and Exhibit Hall at no cost to the City of Roanoke, for a perio, of four (4) years from the date of the execution of the contract authorized herein, and the conjunctive proposal of Roanoke Coca-Cola Bottling Works, Inc., to furnish and supply at the Roanoke Civic Center, the City's requirements, as and when needed, of syrups to be dispensed from the equipment herein authorized to be furnished at the following prices: Coca-Cola Syrup ) Sprite Syrup ) Fanta Orange Syrup ) Fanta Grape Syrup ) Fresca Syrup ) Tab Syrup ) Ginger Ale Syrup ) Root Beer Syrup ) l~r. Pepper Syrup ) $1.80 per gallon and further, to furnish carbonic gas, to be used in dispensing soft drinks at the rate of twenty cents per pound, all such syrups to be in full accordance with the City's specifications made therefor and with said bidder's proposal, for a four (4) year period from the date of the contract herein authorized, be, and said conjunctive propos:als are, hereby, ACCEPTED; and the City Manager is hereby authorized and direct to enter into the requisite contracts with the successful bidders for the aforesaid materials, said contracts to be approved as to form by the City Attorney and to have incorporated therein the City's aforesaid specifications, said bidder's proposals, guarantees and warranties, and the provisions of this ordinance; and upon delivery to the City and said City's acceptance of the syrups as and when ordered by the City's Purchasing Agent the proper City officials shall be, and are hereby authorized to make payment to said supplier therefor. BE IT FURTHER ORDAINEB that the other bids made to the City for the supply and delivery 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 Mayor ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of March, 1970. No. 19107. A RESOLUTION approving appointment of three (3) members at large to the Roanoke Valley Mental Health Services Board. WHEREAS, pursuant to its by-laws, the Roanoke Valley Mental Health Service Board has recommended to the Mayor of the City of Roanoke, to the Mayor of the City of Salem and to the Chairman of the Board of Supervisors of Roanoke County the appoi merit of the persons hereinafter named to be three members at large of said Roanoke Valley Mental Health Services Board, so that the membership of said Board shall con- sist of fifteen members, of which said recommendation the Mayor has advised this Council. 203. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth approve and concur in the appointment by the Mayor of the City of Roanoke, acting jointly with the Mayor of the City of Salem and the Chairman of the Board of Supervisors of Roanoke County, of the followin9 persons, to be members at large of the Roanoke Valley Mental Health Services Board, to-wit: Miss Dorothy L. Gibboney 2217 Brambleton Avenue, S. W. Roanoke, Virginia; Reverend Charles T. Green 1731 Hanover Avenue, N. W. Roanoke, Virginia; Mr. Robert W. Spessard 1510 Red Oak Lane, S. W. Roanoke, Virginia. BE IT FURTHER RESOLVED that the City Clerk do transmit attested copies of this resolution to the abovenamed appointees, to the Mayor of the City of Salem, to the Chairman of the Board of Supervisors of Roanoke County and to the Chairman of the Roanoke Valley Mental Health Services Board. ATTEST: / ' City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of March, 1970. No. 19108. A RESOLUTION providing for the appointment of a committee to advise the Council with reference to the establishment of a City of Roanoke Arts Commission pursuant to Section 63 o3 the City Charter. WHEREAS, at the meeting of the City Council held on March 2, 1970, there was presented to the Council a report in writing of the Council's Study Committee theretofore appointed on May 12, 1969, as a result of a proposal that the City initiate a program for acquiring and displaying works of art in City-owned buildings and other public places, which said report is dated January, 1970, and is on file in the Office of the City Clerk; and WHEREAS, the aforesaid committee report contains recommendation that the Council, by ordinance duly adopted, establish as an advisory board or commission to the Council, a City of Roanoke Art Commission, to be charged with certain duties and responsibilities suggested in said report, and contains recommendation, also, that provision be made to acquire space and to provide funds and to make certain other provisions so that art and works of art may be made more available to the residents of said City. 204 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Mayor be, and he is hereby authorized and empowered to apoint a committee to stud that certain report and the recommendations made to the Council dated January, 1970, presented to the Council at its meeting on March 2, 1970, by the Roanoke City Study Committee on the Arts, a copy of which is on file in the Office of the City Clerk, a to formulate and propose to the Council for consideration an ordinance by which a Ci of Roanoke Arts Commission might be established, as a board or commission of the Cit to act in an advisory capacity to the Council, as is provided in Section 63 of the City Charter. BE IT F'UI~THER RESOLVED that the aforesaid Study Committee consist of seven (7) members, to be composed of the following: The Mayor or a Member of the City Council, The Director of the Roanoke Fine Arts Center, An Art Supervisor of the Roanoke City School System, An Architect, A representative of the Fifth District Planning Commission, A representative of Downtown Roanoke, Inc., and A professional fine artist. BE IT FURTHER RESOLVED that, upon appointment by the Mayor of the members of the aforesaid committee, the City Clerk do transmit to each said member an attested copy of this resolution and of the aforesaid report dated January, 1970, of the Roanoke City Study Commission on the Arts. ATTEST: · y ' APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of March, 1970. No. 19110. AN ORDINANCE accepting a certain bid for the supply to the City of a portable air compressor and air tools for use for the Maintenance of City Property, and authorizing the issuance of a purchase order therefor; rejecting certain other bids; and providing for an emergency. WHEREAS, on March 10, 1970, and after due and proper advertisement~ had bee 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 apointed 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 2O5 WHEREAS, the City Manager has made written report and has transmitted the same to the Council recommending approval of proposal hereinafter accepted; and the Council, considering all of the same, has determined that the bid hereinafter accept is the lowest and best bid made to the City for the supply of said equipment and should be accepted, funds sufficient to pay for the purchase price of said equipment having been appropriated for the purpose; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of McIllhany Equipment Compmy, Incorporated, for the supply to the City, f.o.b., Roanoke, of one new portable air compressor Le Roi Model 170 RG-2-E, 170 CFM capacit complete with air tools and accessories, meeting or exceeding the City's specifica- tions made therefor, for a total purchase price of $6,219.98, cash, be, and said bid is hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby autho- rized and directed to issue the City's requisite purchase order to the aforesaid supplier in accordance with the aforesaid proposal, the City's specifications made for the supply of said material, and the provisions of this ordinance. BE IT FURTHER. ORBAINED that all other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby REJECTED: The City Clerk to do notify said other bidders and to express to each the City's aiireciation of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVE D ATTEST: '/ City C~erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of March, 1970. No. 19111. AN ORDINANCE amending Ordin~ance No. 18775 heretofore adopted on June 30, 1969, providing a System of Pay Rates and Ranges and a new Pay Plan, by adding to said Pay Plan Code Position 1214, Boundary Coordinating Assistant; and providing for an emergency. WHEREAS, there having been recommended to the Council the change to the City's Pay Plan hereinafter authorized to be made in order that the position of em- ployment be incorporated into the list of. classified employees of the City; and the Council having concurred in said recommendation; and 206 WHEREAS, for the usual daily operation of the municipal government an emer- gency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, ~ IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 18775, heretofore adopted on the 30th day of June, 1969, providing a System of Pay Rates and Ranges and a new Pay Plan for the employees of the City be, and the same is hereby amended in the following particular, viz: By adding to said Pay Plan the following position of employment: Code 1214 Classification Boundary Coordi- nating Assistant Work Range Week No, Steps in Monthly Amounts 1 2 3 4 5 6 4O 21 $610 $642 $674 $708 $744 $780 BE IT FURTHER ORDAINED that, an emergency existing, the provisions of this ordinance shall be in force and effect upon its passage· ATTEST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of March, 1970. No. 19112. AN ORDINANCE to amend and reordain Section ~3, "Manager," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio~ =3, "Manager," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MANAGER ~3 Personal Services (1) ................ $61,838.00 (1) Net increase ~-i Boundary Coordinating Assistant, Range 21, Step 3, $.674.00 per month. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: /:___~__~/_~.~..~..~_~.~.~ ~ , ~_~v~--~-- / · City Clerk 'APPROFED Mayor 207 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of March, 1970. No. 19094. AN ORDINANCE to amend Title XV, Chapter 4.1, SeCtion 2 of The Code of the City of Roamke, 1956, as amended, and Sheet No. 422, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to'the Council of the City of Roanoke t o have: BEGINNING at the northeasterly corner of the intersection of 13th Street, S. E., with Montrose Avenue, S. E.; thence with the easterly side of 13th Street, S. E. 358 feet, more or less, to a point, being corner to the property owned by Flora Musselwhite; thence leaving 13th Street, S. E., in a northeasterly direction, and with the line of Flora Musselwhite, said line being through Lot 3, Block 2, according to the Turner Markley Map, 284.8 feet, more or less; thence in a southerly direction with the rear lines of Lots 3, 2, and l, Block 2, Turner Markley Map, 137.8 feet, more or less, to a point; thence in an easterly direction with the line of Lot 14, Blook 1, according to the W. P. Waid Map, of record in Deed Book 784, Page 163, in the Clerk's Office of the Hustings Court for the City of Roanoke, Va., 172.99 feet, more or less, to the westerly side of 13th Street, S. E.; thence with the westerly side of 13th Street, S. E., 359.15 feet, more or less, to the intersection of the westerly side of 14th Street, S. E., with the northerly side of Montrose Avenue, S. E.; thence with the northerly side of Montrose Avenue, S. E., 470.85 feet, more or less, to the place of BEGINNING, and being Official Nos. 4220313, 4220314, 4220315, 4220711, 4220737, 4220738, 4220739, 4220740, 4220741, 4220742, 4220743, 4220744, 4220708, 4220707, 4220706, 4220705, 4220701, 4220704. rezoned from RD, Duplex Residential District, to RG-2, General Residential District and WHEREAS, the City Planning Commission has recommended that the hereinafte described land be rezoned from RD, Duplex Residential District, to RG-2, 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 as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 23rd day of March, 1970, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be:heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provided, is of the opinoin 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. 422 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on Montrose Avenue, S. E., between 13th Street, S. E., and 14th Street, S. E. And described as follows: 208 BEGINNING at the northeasterly corner of the intersection of 13th Street, S. E., with Montrose Avenue, S. E.; thence with the easterly side of 13th Street, S.,E. 358 feet, more or iess, to a point, being corner to the property owned by Flora Mussel- white; thence leaving 13th Street, S. E., in a northeasterly direction, and with the line of Flora, Musselwhite, said line being through Lot 3, Block 2, according to the Turner Markley Map, 284.8 feet, more or less; thence in a southerly direction with the rear lines of lots 3, 2, and 1, Block 2, Turner Markley Map, 137.8 feet, more or less, to a point; thence in an easterly direction with the line of~ Lot 14, Block 1, according to the W. P. Waid Map, of record in Deed Book 784, page 163, in the Clerk's Office of the Hustings Court for the City of Roanoke, Va., 172.99 feet, more or less, to the westerly side of 13th Street, S. E., 359.15 feet, more or less, to the inter- section of the westerly side of 14th Street, S. E., with the northerly side of Montrose Avenue, S. E.; thence with the northerly side of Montrose Avenue, S. E., 470.85 feet, more or less, to the place of BEGINNING, and designated on Sheet 422 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No (s). 4220313, 4220314, 4220315, 3220711, 3220737, 4220738, 4220739, 4220740, 4220741, 4220742, 4220743, 4220744, 4220708, 4220707, 4220706, 4220705, 4220701, 4220704, be, and is hereby, changed from RD, .Duplex Residential District, to RG-2, General Residential District, and that Sheet No. 422 of the aforesaid map be ch.a~ed in this respect. A P P R 0 VE D ATTEST: / City Clerk Mayo IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3Oth day. of March, 1970. No. 19096. AN ORDINANCE to amend. T-itle XV, Ch.apter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet 'No. 103, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the. City of Roanoke to have the property known as 374 Woods Avenue, S. W., Roanoke, Virginia, described as Lot 4, Section 14, according to the Map of Exchange Building and Investment Compa and designated as Official Tax No. 1030904, rezoned from RG-2, General Residential District, to C-l, Office and InstitutJamal District;. and WHEREAS, the City Planning Commission has recommended that the hereinafter described land not be rezoned from RG-2, General Residential District, to C-i, Offic, and Institutional Oistrict; 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, reiating to Zoning, have been published and posted as required and for the time provided by sa.~d section; and 209 WHEREAS, the hearing as provided for in said notice was held on the 23rd day of March, 1970, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 103 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located at 374 Woods Avenue, S. W., Roanoke, Virginia, described as Lot 4, Section 14, accordin9 to the Map of Exchange Buildin9 and Investment Compar and designated on Sheet 103 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1030904, be, and is hereby, changed from RG-2, General Residential District, to C-l, Office and Institutional District, and 'that Sheet No. 103 of the aforesaid map be changed in this respect. ATTEST APPROVE D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of March, 1970. No. 19097. AN ORDINANCE amendin9 and reordaining certain subsections of Sec. 12. IDM - Industrial Development District, Sec. 13. LM - Light Manufacturing District, and Sec. 14. HM- Heavy Manufacturing District, of Article IV, District Regulations, Chapter 4.1, of Title XV, relating to Zoning, of the Code of the City of Roanoke, 19f as amended, which subsections provide certain district zonin9 regulations and authori certain special exceptions after public notice and hearing by the Board of Zoning Appeals with respect to the use of properties located in IDM- Industrial Development Dist~cts, LM - Light Manufacturing Districts, and in HM- Heavy Manufacturin9 District WHEREAS, the City Planning Commission on its own motion directed to the City Council, and after due consideration of the proposal, recommended to the Counci an amendment of the district zoning regulations hereinafter set out and provided; am 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 publica- tion of written notice in a newspaper having general circulation in the City more th fifteen days prior to the holding of a public hearing on the question, a public hear was held before the Council on the 23rd day of March, 1970, in accordance with said notice, on the recommendations of the Planning Commission as aforesaid, at which pub 210 hearing all persons in interest and citizens were afforded an oppo, rtunity to be hear on the question; and WHEREAS, upon the Council's due consideration of the recommendations of sa Planning Commission, the Council is of opinion that the subsections of Sec. 12 - IDM Industrial Development District, and Sec. 14 - HM- Heavy Manufacturing District, of Article IV, District Regulations, Chapter 4.1, of Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, which subsections autho~ze cer. tain special exceptions after public notice and hearing by the Board of Zoning Appeals with respect to the use of properties located in IDM- Industrial Developmen District, LM - Light Manufacturing Districts, and in HM - Heavy'Manufacturing Distri. respectively, should be amended as. recommended by said Planning Commission and as hereinafter provided· THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the subsection of Sec. 12. IDM- Industrial Development District, of Article IV, Distric Regulations, Chapter 4.1, of Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, setting out and providing the special exceptions autho. rized to be permitted by the Board of Zoning Appeals in IDM - Industrial Development Districts, on application and after public notice and hearing, be, and said sub- section is hereby amended and reordained to authorize the following enumerated speci exceptions, said subsection to read and provide as follows: Special exceptions after public notice and hearinq by the board of zoninq appeals; Eating and drinking establishments, except drive-ins, cafeterias, designed to serve the employees of the industrial development district, located not closer than 250 feet to any RS, RG, RD or C-1 District. Private day nurseries and kindergartens, provided; a. Such use is intended primarily for usage by employe~s of industries located within 2,000 feet of the area. b. Lot area shall not be less than 18,000 square feet; lot width at port, ion fo r fenced play area not less than 90 feet. c. A fenced play area of not less than 4,000 square feet shall be provided for 20 children or .less, with 200 square feet additional for each addi- tional child. No portion of the fenced play area shall be closer than 20 feet to any residential lot line, nor closer 'than 50 feet to any public street. d. Ail outdoor play activities shall be limited to hours between 8 a.m. and 8 p.m., and shall be conducted within the fenced play area. e. Facilities, operation and maintenance shall meet requirements of the City Health Department. BE IT FUTHER ORDAINED that the subsection of Sec. 13. LM - Light Manufactur District, of Article IV, District Regulations, Chapter 4.1, of Title XI~, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, setting out and provid the special exceptions authorized to be permitted by the Board of Zoning Appeals in LM- I~ight Manufacturing Districts, on application and after public notice and heari be, and said subsection is hereby amended and reordained to authorize the following enumerated special exceptions, said subsection to read and provide as follows: d ts, ng ng Special exceptions after publi'c notice and hearing by the board of zon~nq appeals: Drive-in eating and drinking establishments located within 250 feet of any RS, RG, RD or C-1 district. 2. Private day nurseries and kindergartens, provided: Such use is intended primarily for usage by employees of industries located within 2,000 feet of the area· Lot area shall not be less than 18,000 square feet; lot width at portion for fenced play area not less than 90 feet. A fenced play area of not less than 4,000 square feet shall be provided for 20 children or less, with 200 square feet additional for each additional child. No portion of the fenced play area shall be closer than 20 feet to any residential lot line, nor closer than 50 feet to any public street. All outdoor play activities shall be limited to hours between 8 a.m. and 8 n.m., and shall be conducted within the fenced play area. Facilities, operation and maintenance shall meet re- quirements of the City Health Department· BE IT FURTHER ORDAINED that the subsection of Sec. 14. HM - Heavy Manufac- turing District, of Article IV, District Regulations, Chapter 4.1, of Title XV, re- lating to Zoning, of the Code of the City of Roanoke, 1956, as amended, setting out and providing the special exceptions authorized to be permitted by the Board of Zoning Anpeals in HM - Heavy Manufacturing Districts, on application and after public notice and hearing, be, and said subsection is thereby amended and reordained to authorize the following enumerated special exceptions, said subsection to read and provide as follows: Special exceptions after public ~otice ~nd hearing by the board of zoning appeals: Drive-in eating and drinking establishments subject to special Df.visions and safeguards required by the board. e Wrecking yards, junk yards used in whole or in Dart for scrap or salvage operations or for Drocessing, storage, display.or sales of any scrap, salvage, or second-hand building materials, junk automobiles or second-hand automobile Darts, subject to the ,requirements of section 28 of this chanter· 3. Private day nurseries and kindergartens, provided: Such use is intended primarily for usage by employees of industries located within 2,000 feet of the area. Lot area shall not be less than 18,000 square feet; lot width at portion for fenced play area not less than 90 feet· A fenced play area of not less than 4,000 square feet shall be provided for 20 children or less, with 200 square feet additional for each additimal child. No portion of the fenced play area shall be closer than 20 feet to any residential lot line, nor closer than 50 feet to any public street. de All outdoor play activities shall be limited to hours between 8 a.m. and 8 p.m., and shall be conducted within the fenced play area. Facilities, operation and maintenance shall meet requirements of the City Health Department· APPROVED ATTEST: ' City Clerk Mayor 212 IN THE COUNCIL OF THE CITY OF ~DANOKE, VIRGINIA, The ~Oth day of March, 1970. No. 19109. AN ORI)INANCE permitting a temporaray encroachment into the sidewalk and street area of Lafayette Boulevard,,N. W., for a distance of approximately four (4) feet of three certain concrete steps and a concrete wall erected on Lot 8, [~ock 3, as shown on the Map of Villa Heights, upon certain terms and conditions. WHEREAS, written request has been made to the Council that permission be granted to continue to maintain as an encroachment into the northwest sidewalk and street area of Lafayette Boulevard, ~. W., three concrete steps and a concrete wall which, as constructed on Lot 8, Block 3, as shown on the map of Villa Heights, exten( four feet i~to the aforesaid sidewalk and street right-of-way and WHEREAS, the City ~lanager has recommended in report made to the Council on March 16, 1970, that the request be granted as provided herei n, a sketch showing the encroachment, entitled "Plat of Survey Made for Pedigo & Cranwell, Attorneys", made by Raymond C. Weeks, State Certified Land Surveyor, having been made and filed in the Office of the City Clerk; and WHEREAS, pursuant to the authority vested in local governing bodies by ~ 15.1-376 of the 1960 Code of ~irginia, as amended, and as provided in Sec. 4, Chapt 7, Title XV of the Code of the City of Roanoke, 1956, as amended, this Council is agreeable to said proposal and is willing to permit the encroachment herein mentione¢ upon the terms and conditions hereinafter contained. THEREF'ORE, BE IT ORDAINED by the Council of the City of Roanoke that per- mission be, and is hereby granted to the owner or owners of Lot 8', Block 3, Map of Villa Heights, located on the northwest side of Lafayette Boulevard, N. W., their successors and assigns, to cont. inue and maintain as an encroachment into the sidewal and street right-of-waY area of Lafayette Boulevard, N. W., but not to extend more than four (4) feet into said street and sidewalk area as measured from the front line of the aforesaid lot, three (3) existing concrete steps and an existing concret, wall, the location of which steps and wall are shown on cody of Plat of Survey Made For Pedigo & Cranwell, Attorneys:, by Raymond C. Weeks, State Certified Land Surveyor on file in the Office of the City Clerk, steps and wall to be properly and safely maintained at the sole expense of the aforesaid owners, their successors or assignes subject to the limitations contained in S 15.1-376 of the 1950 Code of Virginia, abovementioned; it to be agreed by said permittees that by maintaining such encroach: said permittees and their successors and assigns agree to indemnify and save harmles the City of Roanoke of and from all claims for injuries or damages to persons or property that may arise by reason of such encroachment over said public sidewalk and street area; and, further, that the within permit shall be revocable at the pleasure of the City Council. er ~nts, 216 and in making such application, or applications, to assure the Federal Aviation Agent of the City's ability and intent to provide fifty percent (50%), or $169,.500.00, of the total of all estimated costs of the abovedescribed project and, further, make al of the assurances to the United States required to be made in the premises by the Federal Airport Act and as contained in Part III of the formal Project Application, FAA Form 1624 (9-64), pages 5 and 6. ATTEST: / City Clerk APPROVED Mayo: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of March, 1970. No. 19117, AN ORDINANCE authorizing and providing for the City's acquisition from City of Roanoke Redevelopment and Housing Authority of a certain parcel of land designated Parcel 13-E on the Map of Commonwealth Redevelopment Project VA-7-1, situate on the west side of Williamson Road, N. E., and containing approximately 12030.0 square feet, upon certain terms and conditions; providing for the City's execution of the grantor's deed of conveyance to the City; and providing for an emergency, WHEREAs, City of Roanoke Redevelopment and Housing Authority has offered in writing to the City under date of March 13, 1970, to sell and convey to the City the hereinafter described land for a purchase price of $32,000.00, cash, to be paid by the City to said Authority upon delivery of a good and sufficient deed of conveya such deed to contain restrictions and covenants applicable to and bind ing upon the City conforming, in general, to those contained in that'certain deed heretofore made by said Authority to the City under date of February 1, 1965, recorded in the Clerk's Office of the Hustings Court of the City of Roanoke in Deed Book 1172, page 22, said Authority, in its offer, proposing to make conveyance to the City of the aforesaid land on or before May 1, 1970, and, prior to such conveyance, .to demol and remove from said property the Church building now occupying said lot; and WHEREAS, the City needs and wants to acquire the aforesaid property, to be used as a part of its Roanoke Civic Center site, described as an auditorium and/o: coliseum building or buildings in the aforesaid deed of February 1, 1965, and there have been appropriated by the Council funds sufficient to pay the purchase price aforesaid; and WHEREAS, it is immediately necessary for the usual daily operation of the municipal government that this ordinance be effective upon its passage. 215 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that " of the 1969-70 Appropriation Ordinance, be, and "Life Saving Crews, Section =51, the same is hereby, amended and reordained to read as follows, in part: LIFE SAVING CREWS ~51 Food, Medical g Housekeeping Supplies (1) ........... $950.00 , (1) Net increase- ~250.00 BE IT .FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~Cit; Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of March, 1970. No. 19116. A RESOLUTION authorizing and directing the City Manager to execute and fil with Federal Aviation Agency requisite requests for Federal Aid to assist the City in accomplishing its proposed Airport Project No. 19 for certain necessary improvement for development of the City's Roanoke Municipal Woodrum Airport, and, in so doing, to make certain assurances to the United States. WHEREAS, the City Manager has recommended to the Council that authority be given to initiate on behalf of the City, as Project No. 19, a request for Federal Aid to assist the City in the making of certain necessary improvements to Roanoke Municipal (Woodrum) Airport as hereinafter described, the total costs of which are estimated to amount to the sum of $339, 000. 00, of which fifty percent (50%) would be paid by the City and fifty percent (50%) would be paid by the Federal government; and WHEREAS, upon consideration of the matter, the Council concurs in the afore, said recommendation, made in. writing to the Council under date of March 30, 1970. THEREFORE, BE IT RESOLVED by the Coumcil of the City of Roanoke that Julian F. Hirst, the City Manager, be, and he is hereby authorized and directed to forthwith cause to be prepared and thereafter, to execute and file with the Federal Aviation Agency, on behalf of the City of Roanoke, requisite request or requestS' for Federal Aid, under t'he City's proposed Airport Project No. 19, to assist in providing for the following necessary improvements for development of the City's Roanoke Muni- cipal (Woodrum) Airport, namely: Proposal No. I Extension of Runway 5/23, 476 feet west, (grading, drainage, paving and lighting), and relocation of Virginia Secondary Route 626. Total All Estimated Projects Costs. . . ..... $389,000.00 Proposed Federal Share ....... $169,500.00 Prooosed City Share $169,500.00 214 SCHOOLS - SPECIAL INSTRUCTION =11000 Personal Services (1) ...................... $203,261.94 (1) Net increase -$14,583.92 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~ //~ _~ ~~C i ~y ~'~le rk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The $Oth day of March, 1970. No. 19114. AN ORDINANCE to amend and reordain Section ~71, "Garage," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~71, "Garage," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: GARAGE ~71 Maintenance of Machinery and Equipment (t) ............................ $186,000.00 (1) Net increase- $36,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of March, 1970. No. 19115. AN ORDINANCE to amend and reordain Section =51, "Life Saving Crews," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. II 213 BE IT FURTHER ORDAINED that the provisions of this ordinance shall not be- come fully effective until such time as a written permit made pursuant hereto shall have been issued by the City's Building Commissioner to the said property owners, or their duly authorized representative, and until an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by said owner or owne and shall have been admitted to record, at the cost of said owners, in the Clerk's Office of the Hustings Court of the City of Roanoke. APPROVED ATTEST: gity Clerk Mayor -EXECUTED AND accepted by the undersigned this 1970: d ay of ( Owner ) (Owner) STATE OF VIRGINIA ~ To-wit: ~ CITY OF ROANOKE ~ I, , a Notary Public in and for the City of Roanoke in the State of Virginia, do hereby certify that and , whose names are signed to the foregoing writing executed the day of , 1970, have personally appeared before me in my City and State aforesaid, and acknowledged the same. GIVEN under .my hand this day of , 1970: My commission expires: Notary Public IN THE ~0UNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of March, 1970. No. 19113. AN ORDINANCE to amend and reordain Section =11000, "Schools - Special Instruction," of the 1969-70 Appropriation Ordinance, and providing for an emergenc 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 ~11000, "Schools - Special Instruction, of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 217 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City do acquire, for public purposes, from City of Roanoke Redevelopment and Housing Authority for a purchase price of $32,000.00, cash, payable by the City to said Authority upon delivery of deed of conveyance approved as to form by the City Attorney, all that certain lot or parcel of land situate on the west side of Williamson Road, N. E., and fronting 100.0 feet thereon, containing 12,030.0 square feet, more or less, and designated as Parcel 13-E on the Map of Commonwealth Redev- elopment Project VA-7-1, said deed to contain general warranty of title, but to con- tain, also, restrictive covenents, conditions, easements, reservations and agree- ments binding upon the City conforming to those applicable restrictions, reservations conditions, easements and covenants made and contained in that certain deed from City of Roanoke Redevelopment and Housing Authority to the City of Roanoke, dated February 1965, recorded as aforesaid; and that the Mayor and the City Clerk be, and they are hereby authorized and empowered to execute and to seal. and attest, respectively, said deed on behalf of the City and, thereafter, to acknowledge said acts. BE IT FUR. THER ORDAINED that upon full execution of said deed and upon de- livery thereof to the City, upon form approved by the City Attorney, the City Auditor be, and is hereby authorized to issue and deliver the City's check payable to said Authority in the sum of $32,000.00; and, further, that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3Otb day of March, 1970. No. 19118. A RESOLUTION requesting the Virginia Department of Highways to accept a certain bid made for construction of U. S. Route 220, Project No. 0220-128-102, C-501 PE-iO1, RW-201, and award contract thereon; and committing the City to participate with the Commonwealth of Virginia in payment of the entire cost of said project to th extent of fifteen percent, (15%), thereof. WHEREAS, the Roanoke City Council is informed that the Virginia Department .of Highways has advertised for the third ti'me for the reconstruction of U. S. Route 220, (Franklin Road), from McClanahan Street to the south corporate limits of the City, designated as U. S. Route 220, Project No. 0220-128-102, C-501, PE-iO1, RW-201; and WHEREAS, in each of the three biddings, only one bid has submitted, made each time by the same firm and each of said having been in approximately the same amount; and 218 WHEREAS, it is understood that the Department of Highways has rejected the bid called for by each of the first two advertisements, because said bids execeeded the department's estimate of the cost of the project and it is understood that the current or third bid also exceeds the department's estimate of the project cost; and WHEREAS, the City Council is knowledgeable of the immediate need of the construction of this project for the safety and convenience of the movement of traffic on this section of highway; and WHEREAS, with the construction now in progress of the project for widening U. S. Route 220, (Franklin Road), south from the south end of the Roanoke River Bridge to 0.056 mile south of McClanahan Street, S. W., as U. S. Route 220 Project 0220-t28-103, PE-iO1, RW-201, C-501, Federal Project U-128-1 (12), there will remain upon the completion of that project the aforesaid southerly section of U. S. Route 220 as an inadequate connection between improved and four-land divided highways. NOW, THEREFORE~ BE IT RESOLVED by the Council of the City of Roanoke that said Council does recommend to the Virginia Department of Highways that said Departm consider the acceptance of the bid most recently received by said Department for t.~e reconstruction of U. S. Route 220, (Franklin Road), between McClanahan Street and the south corporate limits of the City and within the City of Roanoke, which bid is understood tb be in the amount of $761,458.9!. BE IT FURTHER RESOLVED that the Council of the City of Roanoke does agree that if said Department of Highways accepts said bid and makes award of contract for construction of the aforesaid highway project on the basis of said latest bid, the City of Roanoke will partic4pate with the Commonwealth of Virginia by payment of fifteen percent, (15%), of the cost of construction of said project,-including engineering and cost of acquisition of rights--of-way. BE IT FINALLY RESOLVED that the City Manager do forthwith transmit to said Department of Highways, through official channels, attested copies of this resolutio ATTEST: C,4ty Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of March, 1970. No. 19119. AN ORDINANCE to amend Title VIII, Public Buildings and Property, of the Code of the City of Roanoke, 1956, as amended; by the addition of a new chapter, to be numbered Chapter 9, providing for the Civic Center Department as an administrativ~ department of the City; defining the functions which said department is to administe providing for the appointment of the head-of such department and defining his duties nt and responsibilities; authorizing the arrangement or engagement of shows, plays, performances, exhibitions and other entertainments to promote the use of the Roanoke Civic Center; and providing for an emergency. WHEREAS, the City Manager has made certain recommendations to the Council respecting the need for the creation, by ordinance, of a department of the City, to be known as the Civic Center Department, to operate and administer the functions of the City's Roanoke Civic Center, consisting of the City's new auditorium, coliseum and exhibit hall and their related facilities, and to make provision for promoting the use of all such facilities for the benefit of the City and the public to the extent authorized by law and by subsection 7.1 of Section 2 of the Roanoke Charter of 1952, as amended; and WHEREAS, a committee of the Council appointed to study and consider said proposal has recommended the Council's concurrence therein; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title VIII, Public Buildings and Property, of the Code of the City of Roanoke, 1956, as amended, be, and said chapter is hereby amended by the addition of a new chapter, to be numbered chapter 9, to read and provide as follows: CHAPTER 9. CIVIC CENTER DEPARTMENT Sec. 1. Civic Center Department. There is hereby created and provided as a separate department of the City the civic center department, to be composed as herein- after set out, and to be charged with the duties and responsibilities hereinafter enumerated. Sec. 2. Composition of department. The director shall be the head of the civic center department, which shall be composed of said director and such assistants, depu- . ties and employees as the council may from time to time authorize. Sec. 3. Director - Appointment; term and removal. The City Manager shall appoint a director in accordance with the provisions of section 7 of the City Charter, and he shall re- main in office until removed by the city manager, and in the case of his removal the city manager shall report the same to the council. The director shall receive such compensation for the performance of his duties and shall furnish such bond as the council shall from time to time fix and determine. Sec. 4. Duties generally. The director shall be responsible for the operation and administration of all of the functions of the Roanoke Civic Center, consisting of the auditorium, coliseum and exhibit hall and their related facilities, under the supervision of the City Manager. Sec. 5. Rates and charges; form of agreement. The schedule of rates and charges for the use of the civic center facilities and the form of agreement to be entered into with the users thereof and the method of entering into such agreement shall be as provided in Ordinance No. 18509 of the Council,. adopted February 17, 1969, the provisions of which ordinance are incorporated herein by reference, except that 219 220 I1 the director may, in signing permit agreements for use of the civic center facilities for conventions and conferences, only, and with the prior written approval of the city manager and for good cause appearing to the director, reduce or waive the requirement of deposit or payment in advance of fifty per- cent (50%) of the basic rental fee and may waive requirement of payment of the full rental fee not less than fourteen (14) days prior to occupancy, as set out in Ordinance No. 18569; but in no case shall waiver of deposit or payment in advance of such basic rental fees relieve the permittee of full payment of the rental fee prescribed by said ordinance by the end of the first day of such use or occupancy. Sec. 6. Encouragement of use of facilities; arranging or engaging shows, etc.; expenditure of funds. (a) For the purpose of furthering the best interests of the public and to lead to greater use of the civic center facilites, the director, with the written approval of the city manager given in each instance, is hereby authorized to arrange or engage shows, plays, exhibitions, performances and other entertainments from which the City may derive income and, in so doing, expend such City funds as are appropriated for the purpose for promoting such acti- vities and bringing notice to the public of such activities; and he may, with the written approval of said city manager, enter into written agreement on behalf of the City engagingpersons or firms to bring entertainment to such facilities, and may cause to be paid to such persons, in advance or out of proceeds to be derived from such engagement, public funds expressly appropriated for that purpose; and he may, with said city manager's written approval, guarantee to such persons minimum sums to be payable by the City to such persons for future performances; provided, however, that at no time shall the aggregate amount of all such outstanding guarantees, advance pay- ments and other monetary obligations be more than such sum as has been fixed by the council. (b) For all events sponsored by the City, the director shall fix admission charges. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall b in full force and effect from its passage. APPROVED ATTEST: Jty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of March, 1970. No. 19120. A RESOLUTION expressing the approval of this governing body of an amendmen by the Board of Supervisors of Roanoke County of subsection (11), paragraph A., of Section III of the Roanoke County Land Subdivision Ordinance, adopted June 21, 1954. WHEREAS, by resolution of the Board of Supervisors of Roanoke County adopted December 30, 1969, this body was requested to review and make recommendation to said Board on its proposed amendment as hereinafter set out of subsection (11), paragraph A., of Section III of the Roanoke County Subdivision Ordinance, mid subsect providing certain general regulations applicable to all lots of land in said County intended or used for residential purposes, and the proposed amendment of said sub- section being intended to conform certain of the regulations contained in said land Subdivision Ordinance to regulations contained in the Zoning Ordinance of Roanoke County heretofore adopted by said Board of Supervisors on December 30, 1969; and on WHEREAS, the Roanoke City Planning Commission, to whom the aforesaid pro- posal was heretofore referred, has, after holding public hearingon the proposal as provided by general law, recommended to this Council that approval be given as here- inafter provided and the Council, considering the whole matter, concurs in such rec ommendat i on. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said o Council hereby approves the amendment by the Board of Supervisors of Roanoke County of subsection (11), paragraph A., of Section III of the F~oanoke County Land Subdi- vision Ordinance referred to in a certain resolution of said Board of Supervisors adopted D. ecember 30, 1969, so that said subsection, as amended, read and provide as follows, viz: (11) Each separate lot shall conform to the requirements of the Zoning Ordinance of Roanoke County. BE IT FURTHER RESOLVED that the City Clerk forthwith transmit an attested copy of this resolution, together with a copy of thereport of the City Planning Commission made to the Council under date of March 19, 1970, to the Honorable Charles H. Osterhoudt, Chairman of the Board of Supervisors of l{oanoke County. APPROVED ATTEST: /City' Clerk MayoI IN THE COUNCIL OF THE CITY OF ROANOKE, VIF~GINIA, The 6th day of April, 1970. No. 19121. AN ORDINANCE to amend and reordain certain sections of the 1969--70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 1969-70 Appropriation Ordinance, be, and the same are here amended a~d reordained to,read as follows, in part: AUDITOR =10 Office Furniture and Equipment - New (1) ............ $ 8,709.00 Personal Services (2) ............................... $166,690.00 (1) Net decrease ....... (2) Net increase JUVENILE AND I~OMESTICE RELATIONS COURT =19 Fees for Professional and Special --$1,500.00 $1,500.00 Services (1) $ 5,100.00 Printing and ~}};~;'~{;;~';~5'~~[~[~[[~[~ $ 2,600.00 (1) Net decrease-- (2) Net increase .......... .... $600.00 .... $600.00 '222 CITY HOME =39 Motor Fuels and Lubricants (1) . 225.00 325.00 (1) Net decrease-. (2) Net increase-- $75. O0 -$7 5. oo FIRE DEPARTMENT ~47 Maintenance of Machinery and Kquipment (1) ....... $ 8,000.00 Utilities (2) $ 10 175 O0 (1) Net decrease-- (2) Net increase--- $2,000. O0 $2,000.00 STREET ~EPAIR ~*5B Maintenance of Buildings and Prope~y (1) ........ $349,800.00 Personal Services (2) ........................... $331,350.00 (1) Net decrease--. $200.00 (2) Net increase .... $200.00 SNOW AND ICE REMOVAL ~62 Rentals (1) . 8,500.00 2,500.00 (1) Net decrease (2) Net increase- ,$1,500,.00 ........... $1,500.00 SNOW AND ICE REMOVAL ~62 Rentals (1) ..................................... $ 6,500.00 REFUSE AND COLLECTION AND DISPOSAL =69 Utilities (2) ................................... $ 4,500. O0 (1) Net decrease ..... (2) Net increase-, $2,000. O0 $2,000.00 BE IT FURTHER ORDAINED that, an emergency existing,, this Ordinance shall be in effect from its passage. APPROVED ATTEST Mayo~ IN THE COUNCIL OF THE CITY OF ROANOIiE~ VIRGINIA, The 6th day of April, 1970. No. 19122· ' AN ORDINANCE to amend and reordain Section ~17 A, "Circuit Court," of the 1969-70 Appropriation ~Ordinance, and providing for an emergency. WHEREAS, ,for.the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFOP~, BE IT ORDAINED by the Council of the City of Roanoke that "Circuit Court," of the 1969-70 Appropriation Ordinance, be, and the Section =17 A, same is hereby, amended and reordained to read as follows, in part: 223 CIRCUIT COURT =17 A Personal Services (1) - (3) .. . $ 3,236.85 Dues, Memberships and Subscr'~;~'i~'[~[[~..~[.~ $ 160.00 Printing and Office Supplies (3) Office Furniture and Equipment (~']]]~']]]'~]]~]~] $ 100.00 · . $ '/84.50 (1) 1/2 base salary of Judge will be paid to Common- wealth by each participating agency as allocated by law. (2) Each participating agency will pay for jury and witness fees on actual usage. (3) Except as noted in (1) and (2) above, all expense including retirement and other employee benefits will be borne by City of Roanoke 37.5%; County of Roanoke 37.5% and City of Salem 25%. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage with the concurrence of the County of Roanoke and the Cit' of Salem. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1970. No. 19123. A RESOLUTION relating to the division between the City of Roanoke, the County of Roanoke and the City of Salem of the salaries and expenses of the Courts of the Twentieth Judicial Circuit of Virginia. WHEREAS, attendant upon the recent provision of an additional Judge for the Twentieth Judicial Circuit and the General Assembly's choice of The Honorable Tom Stockton Fox to fill that position, representatives of the City of Roanoke, of Roanoke County and of the City of Salem have conferred with reference to a proper division between said governmental subdivisions of the salaries and expenses of the three Courts of Record in said Judicial District and have, with the approval of the Judge of said Circuit and the Judge-Elect of said Circuit arranged and agreed upon a proper division of all such expenses as said agreement is hereinafter set out; and WHEREAS, this, Council, considering such matter, concurs in the division of expenses proposed by said representatives; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, with the approval of the Judges concerned and until further agreement be made between the City of Roanoke, the County of Roanoke and the City of Salem, the division between said governmental subdivisions of the salaries, expenses and costs attendant upon the Courts of the Twentieth Judicial Circuit of Virginia, viz, the Circuit Court of the City of Roanoke, the Circuit Court of Roanoke County and the Circuit Court of th, City of Salem, be as follows: 224 PARAGRAPH 1 - Basic salary of the Judges of the Court are established by state law for each of the Judges .at 920,000 for the year 1969-70 and at $22,000 for the year 1970-71, and are paid directly by the Commonwealth to the Judges. Under Virginia law, one-half of the salaries of these Judges are allocated to' and must be paid to the Commonwealth by the participating localities. Each of the participating $ localities will pay directly to the Commonwealth a portion of these salaries allo- cated to it. PARAGRAPH 2 - Supplemental Salaries of the Judges - For the year 1969-70 salary supplement paid to the Circuit Court Judge by participating localities amounts to $8,560 per annum. Beginning with the qualification of Judge Fox, this supplement will be paid to Judge Fox by the City of Roanoke and the City will be reimbursed for 37.5% by the County of Roanoke and 25% by the City of Salem. PARAGRAPH 3 - Jury and witness claims for the Court paid by the City of Roanoke will be allocated on the basis of usage determined by the cases tried by the Court for each of the participating localities. PARAGRAPH 4 - Ail other costs of the Court paid by the City of Roanoke will be allocated to the participating localities as is the supplement which will be paid to Judge Fox. PARAGRAPH 5 - Beginning July 1, 1970, the County of Roanoke will pay all expenses of the Court initiated in the Court at Salem and in addition, the total supplement paid to Judge H°back and the total salary of Judge Hoback's secretary. The City of Roanoke will pay all expenses initiated in Roanoke and in addition thereto, the total supplement paid to Judge Fox and the salary of Judge Fox's secretary. Each of the participating localities will pay to the Commonwealth the pro rata share of the base salaries allocated to it b'y the Commonwealth and will pay the cost of jury and witness fees based upon usage determined by the cases handled by the Court and will participate in the remaining costs, including employee benefits, on the basis of 37 - 1/2% to the County of Roanoke, 37 - 172% to the City of Roanoke, and 25% to the City of Salem. PARAGRAPH 6 - The salary supplement of the Judges of the Circuit Court will be established by joint action of the three governing bodies and appropriations to cover the cost of the expenses of the said Court shall be approved by each of the three governing bodies. BE IT FURTHER RESOLVED that an attested copy of this resolution be transmitt by the City Clerk to the following: The Honorable Fred L. Hoback, The Honorable Tom Stockton Fox, The Honorable Charles H. Osterhoudt, Chairman of the Board of Supervi- sors of Roanoke County, and The Honorable Emmett P. Hart, Mayor of the City of Salem APPROVED ATTEST: Citfy Clerk Mayor ~d 225 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1970. No. 19124. A RESOLUTION requesting the State Highway Commissioner to acquire the necessary rights-of-way for Project UOOO-128-101-RW-201, within the corporate limits of the City; and guaranteeing to reimburse the State Highway Department ~br fifteen percent (15%) of all costs incurred in such acquisition. WHEREAS, Section 33-57 of the Code of Virginia, as amended by the 1968 Acts of the General Assembly, authorizes the State Highway Commissioner to acquire rights-of-way for the construction, reconstruction, alteration, maintenance and repa r of public highways within municipalities on projects which are constructed with Stat. or Federal participation; and WHEREAS, Section 33-57, as amended, further provides that the State High- way Commissioner may exercise such authority only upon receipt of official request from the city or town involved. THEREF'OI~E, BE IT RESOLI~ED 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 UOOO-128-101-RW-201, (10th Street from Patterson Avenue, S. W., to Moorman Road, N. W.), within the corpor~e limits of said City and guaran- tees to reimburse the State Highway Department for fifteen percent (15%) of all cost incurred in the acquisition of such rights-of-way and it is understood that such acquisitions will be handled by the Commissioner under established policies and pro- cedures and his decision in all instances shall be final. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1970. No. 19126. A RESOLUTION providing for the appointment of five viewers in connection with the application of Bullington and Company, Inc., William J. Gausman and Anna H. Gausman to permanently vacate, discontinue and close that portion of 25th Street, S. lying between the westerly side of Carolina Avenue, S. W. and the easterly side of a 12 ft. alley running through the center of Blocks 28 and 29, according to Map of Crystal Springs, in the City of Roanoke, Virginia· WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, up the application of Bullington and Company, Inc., William J. Gausman and Anna H. 226 Gausman, that said applicants did duly and legally post, as required by $ 15.1-364 of the Code of Virginia of 1950, as amended, a notice of their intention to apply to the Council of the City of Roanoke, Virginia, to vacate, discontinue and close that certain portion of 25th Street, S. W., located in the City of Roanoke, Virginia as shown on Sheets 105 and 106 of the Tax Appraisal Map of the City .of Roanoke, Virginia, and more particularly described as follows, to-wit: Beginning at the point of intersection of the westerly side of Carolina Avenue, S. W. and the southerly side of 25th Street, S. W., said point being the northeasterly most corner of Lot 20, 'Block 28, as shown on the Map of Crystal Springs; thence with the northerly most line of Lot 20, BloCk 28, according to the Map of Crystal Springs, N. 57° 41' W. 150 feet to a point located on the easterly side of a 12 ft. alley; thence with a line across 25th Street, S. W. N. 320 19' E. 60 feet to a point on the southwesterly corder of Lot 11, Block 29, according to Map of Crystal Springs; thence with the southerly most line of Lot 11, Block 29 according to the Map of Crystal Springs S. 57e 41' E. 150 feet to a point on the :westerly side of Carolina Avenue; thence with the line across 25th Street, S. 320 19' W. 60 feet to the place of beginning; being that portion of 25th Street lying between the westerly side of Carolina Avenue, S. W. and a 12 ft. alley running through the center of Blocks 28 and 29, according to the Map of Crystal Springs. and that a copy of said notice was posted at the front door of the Courthouse of the Hustings Court of the City of Roanoke, Virgi nia, and in two other places in said City in the neighborhood of the property described as aforesaid, as provided by law, all of which is verified by an affidavit appended to the application addressed to the Council requesting that the aforesaid street be permanently vacated, discon- tinued and closed; and WHEREAS, it appearing to the Council that more than ten days have elapsed since the posting of said proper legal notice and the Council having considered said application to permanently vacate, discontinue and close the aforesaid portion of 25th Street, S. W.; and WHEREAS, the applicants have requested that five viewers be appointed to view the aforesaid portion of 25th Street, S. W., to be permanently vacated, discon- tinued and closed, and report in writing ~'required by ~ 15.1-364 of the Code of Vir~hia of 1950, as amended. THEREFORg,. BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. Aylett B. Coleman, George W. Overb'y, Harry Whiteside, Jr., William P. Wallace and M. Dale Poe, be, and they hereby are appointed viewers, any three of who may act, to view the aforesaid street and report in writing pursuant to the provisio of § 15.1-364 of the code of Virginia of 1950, as amended, whether, in their opinion any and, if any, what inconvenience would result from discontinuing, vacating and closing sad street. 'APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1970. No. 19125. AN ORDINANCE authorizing the City's sale and conveyance of Lots 4 and 5, Section 4, Map of Janette Land Company, Official Nos. 1140116 and 1140117, upon cer- tain terms and provision; and rejecting certain other bids. WHEREAS, the City is the owner of the lands hereinafter described which, being held as surplus property and not needed for public purposes, were recently advertised for sale on the basis of sealed bids to be made to the City; and WHEREAS, the Council's Real Estate Committee has reported to the Council under date of April 6, 1970, that, in response to the aforeaid advertisement, three sealed bids were made to the City for the purchase of said lands, which said bids were opened in the office of the City's Purchasing Agent and thereafter were considel .~d and studied by said Committee; and WHEREAS, said Real Estate Committee has reported to the Council that the bid hereinafter described and accepted was ihe best bid received by the City fo r the purchase of said properties, and said Committee has recommended that the same be accepted and that conveyance of the title to said properties to the highest bidder be authorized and directed on the terms advertised and stated in said bid. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of B. W. Owen to purchase and acquire from the City Lots 4 and 5, Section 4, Map of Janette Land Company, being Official Nos. 1140116 and 1140117, for a consideration of $1,051.50, cash, upon delivery of the City's deed of conveyance be, and said bid is hereby ACCEPTED; and the City Clerk shall so notify said bidder by transmittal of an attested copy of this ordinance. BE IT FURTHER ORDAINED that the Mayor be, and he is hereby authorized and empowered, for and on behalf of the City, to execute to the aforesaid purchaser, or to whomsoever said purchaser shall direct in writing, a proper deed of conveyance drawn by the City Attorney conveying to said purchaser the fee simple title to each aforesaid lot, such deed to contain the City's Special Warranty of'title, the con- veyance to be made subject to recorded restrictions, conveyances and conditions, and 1970 taxes to be prorated from date of delivery of the City's deed and assessed on said lots in the name of the aforesaid purchaser or purchasers; and that the City Clerk be, and is hereby authorized and directed to affix t'o the aforesaid deed of conveyance the City's corporate seal and to attest the same, both said officials to thereafter acknowledge their signatures as provided by law. BE IT FURTHER ORDAINED that, upon payment to the City of the full sum of $1,051.50, cash, by or on behalf of the aforesaid purchaser, the City Clerk be, and hereby authorized to deliver to said purchaser or his authorized representative the City's deed of conveyance executed as above provided. 227 228 BE IT FURTHER ORDAINED that the proposals of the other bidders for the pur chase of said properties be,. and the same'are hereby REJECTED; the City Clerk to so notify each of said othe~ bidders and to express to each the City's appreciation of said bids. ATTEST: ~ ',, / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1970. No. 19127. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Alfred Beckley, Jr. and Keturah P. Beckley, husband and wife, to vacate, discontinue and close permanentl a portion of a street in the City of Roanoke at the southwest corner of Walnut Avenue Southeast, and Sylvan Road, Southeast, as more particularly shown on the plat of surve dated March 30, 1970 by David Dick and Harry A. Wall, Civil Engineers and Surveyor. WHEREAS, an application has been made to the Council of the City of Roanoke on April 13, 1970 by Alfred Beckley, Jr. and Keturah P. Beckley, husband and wife, to close a portion of a street after the applicants did on April 1, 1970, and more than ten days before presenting the application, post notice of their intended application to the Council of the City of Roanoke to close a portion of said street respectively at the front door of the Municipal Building, 214 Campbell Avenue, Southwest; at the Roanoke City Markethouse at the Campbell Avenue entrance; and at 311 Randolph Street, Southeast, all within the City of Roanoke,Virginia, with the notice and an affadavit of posting it by a Deputy Sergeant of the City of Roanoke, Virginia, attached to the application to close a portion of the street; and WHEREAS, it appearing to the Council of the City of Roanoke that the application has been made in accordance with Section 15.1-364 of the Code of Virgini of 1950 as amended, thereby requiring appointment of five viewers, any three of whom may act, to view said portion of the street sought to be permanently vacated, discon- tinued and closed and report in writ'ing any inconvenience which may result by dis- continuing said portion of the street. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. R. R. Quick, C. F. Kefauver, Aylett B. Coleman, Fred D. Felice and L. Elwood Norris, any three of whom may act, be, and they hereby are, appointed as viewers to view the following described portion of a street and report in writing whether or not in their opinion, any and if any, what, inconvenice would result from permanently vacating, discontinuing and closing a portion of a street in the City of Roanoke a more particularly described as follows: BEGINNING at a point on the southwest corner of Walnut Avenue, Southea~, and Sylvan Road, Southeast; thence along the southerly side of Sylvan Road, N. 81° 48' 40" W. (deed call N. 81° 50' ~'.) 122.1 feet to a point; thence N: 300 21' 40" W. 4.23 feet to a point; thence S. 87° 30' E. 78.58 feet to ,a point on a curve; thence with a curve to the right, whose .radius is 35 feet and whose chord and tangent is S. 07° 51' 20" E. 37.04 feet, an arc distance of 39.03 feet to a point on same; ~hence with another curve to the right, whose radius is 984.93 feet and whose chord and tangent is S. 56° 22' 20" E. 15.97 feet,, an arc distance of 15.97 feet to a point; thence with the southwesterly side of a new right of way line for a new road up Mill Mountain, S. 56° 50' 10" E. 135.17 feet to a point on, same; thence leaving said new right-of-way line, S. 41o 56' 20" W. (deed call S. 41o 55' W.) 30 feet to a point on the southwesterly side of Walnut Avenue Extended; thence with the southwesterly side of Walnut Avenue Extended N. 48° 03' 40" W. (deed call N. 48° 05' W.) 133 feet to the place of BEGINNING; and more particularly shown on the plat of survey dated March 30, 1970 by David Dick and Harry A. Wall, Civil Engineers and Surveyors. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1970. No. 19128. AN ORDINANCE to amend and reordain Section =3, "Manager," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Manager," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY MANAGER ~3 Office Furniture and Equipment - New (1) ............... $ 702.00 Communist ions (2) ...................................... $1,096.60 (1) Net increase ......... $575.00 (2) Net increase $ 62.00 BE IT FURTHER ORDAINEO that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: f City Clerk APPROVE D Mayor 229 230 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1970. No. 19129. "Gar age " AN ORDINANCE to amend and reordain Sections =71, , and ~65, "Air- ,! port, of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections =71, "Garage," and =65 "Airport," of the 1969-70 Appropriation Ordinance, be and the same are hereby, amended and reordained to read as follows, in part: GARAGE =71 Insurance (1) ............................. $29,775.00 AIRPORT =65 Insurance (2) ............................. $ 2,725.00 (1) Net decrease. ....... $225.00 (2) Net increase .... $225.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ? ~ \ / City Clerk APPROVED Mayor IN THE COUNCIL OF 'THE CITY OF ROANKE, VIRGINIA, The 13th day of April, 1970. No. 19130. "ti AN ORDINANCE to amend and reordain Sectio ns ~77, vic Center," and "of the 1969-70 Appropriation Ordinance, and providing for an "City Manager, =3, emergency. WHEREAS, for the usual daily opemtion of the Municipal Government of the City of Rca noke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke t~t " and ~3 "City Manager" of the 1969-70 Appropriation Sections ~77, "Civic Center, , , Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: CIVIC CENTER =77 Tr vel Exp (1) $2 700 O0 a ense ...... ..... ..... ..... ............ , CITY MANAGER ~3 T ..... ] ~.-,.,,~.,~ (9'1 ........................ :gl.700. O0 CIVIC CENTER ~77 Travel Expense (1) ................... $2 550 O0 CITY MANAGER ~3 Education (2) ................................... $ 300.00 (1) Net decrease--- -$150.00 (2) Net increase ............... $150.00 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall bc in effect from its passage· APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1970. No. 19131. A RESOLUTION approving participation by local housing owners in the Federal Rent Supplement Program. WHEREAS, under the provisions of Section 101 of the Housing and Urban Development Act of 1965 the Secretary of Housing and Urban Development is authorized to enter into contract to make supplement payments to certain qualified housing o~ner.~ on behalf of qualified low-income families who are elderly, handicapped, displace victims of natural disasters or occupants of sub-standard housing; and WHEREAS, the provisions of said Section 101 cannot be made available to housing owners in certain localities unless the governing body of the locality has by resolution given approval for such participation in the Federal Rent Supplement Program. 231 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that approval is hereby granted for participation in the Federal Rent Supplement Program by qualified housing owners of property located in the City of Roanoke, Virginia. ATTEST: / City Clerk APPROVED Mayor 232 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1970. ~ , No. 19133. A RESOLUTION rejecting all bids received for constructing the Boxley Hill Pumping Station, and directing that the matter be readvertised for bids. WHEREAS, on March 23, 1970, and after due and proper advertisement had bee~ made therefor, five (5) bids were received and opened by the Council for constructin, the Boxley Hills Pumping Station, which bids were, thereafter, referred to, tabulated and reported by a committee appointed for the purpose, to the Council, after which th 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 March 23, 1970, for constructing the Boxley Hills Pumping Station be and the same are hereby REJECTED; the City Clerk to so notify all said bidders and to express to each the City's appreciation of said bids. BE IT FURTHER RESOLVED that the City Manager do forthwith proceed to re advert is e for bids for said construction. APPROVED ATTEST: ~ ...____. , /F /2 l1 ../ /City Clerk Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE , VIRGINIA, The 13th day of April, 1970. No. 19134. AN ORDINANCE providing for the construction of a new storm drain on Winstoc Avenue, S. W., between Brandon Avenue, S. W., and 22nd Street, S. W., upon certain terms and conditions, by accepting a certain bid made to the City, rejecting certain other bids; and providing for an emergency~. WHEREAS, at the meeting of the Council held on March 23, 1970, certain bids made to the City, after due and proper advertisement therefor, for the construction of a storm drain on a portion of Winston Avenue, S. W., between Brandon Avenue, S. W., and 22nd Street, S. W., were opened and read before the Council and, thereafter, were referred to a committee to be studied and tabulated; and WHEREAS, the aforesaid committee, in report made to the Council dated April 8. 1970, has advised that the bid made by Hudgins and Pace, Contractors, is the lowest and best bid received for the performance of said work, and should be accepted, in which recommendation the Council concurs; and WHEREAS, there has been appropriated a sum sufficient to pay the estimated cost of the aforesaid improvement and, for the immediate preservation of the public 233 safety and for the usual daily operation of the municipal government, an emergency is hereby declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of Hudgins and Pace, Contractors, for furnishing all necessary toolS, , labo and materials for constructing the storm drain on Winston Avenue, S. W., between Brandon Avenue, S. W., and 22nd Street, S. W., utilizing reinforced concrete pipe (Proposal I), in full accordance the City's plans and specifications made therefor, for the total lump sum of $11,904.60, cash, be and said proposal is, hereby, ACCEPTE ; and the City Manager be, and is hereby authorized and directed to enter into contrac on behalf of the City with the aforesaid bidder providing for the construction of said new storm drain, such contract to incorporate the terms of said bidder's propos ~1, 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 Clerk to so notify each other bidder and to express to each said bidder the City's appreciation for the interest displayed in making such bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: / / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1970. No. 19135. AN ORDINANCE accepting a bid and awarding a contract for the construction of a storm drain in King Street and Mecca Street, N. E., northeasterly from ¥inton Mill Road to Belle Avenue, N. E., upon certain terms and conditions, rejecting certa n other bids made there, for; and providing for an emergency. WHEREAS, at the meeting of the Council held on March 30, 1970, and after due and proper public advertisment had been made therefor, four (4) bids made to the City for constructing a storm drain on King Street and Mecca Street, N. E., north- easterly from Vinton Mill.Road to Belle Avenue, N. E., 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 1., 1970, its tabulation and report of said bids, from which it appears that the bid her, inafter accepted represents the best bid made to the City, meeting all the City's specifications for said work, and should be accepted; and 234 WHEREAS, funds have been appropriated by the Council sufficient to pay the cost of the contract hereinafter authorized to be entered into and, for the usual daily operation of the Municipal government, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows (1) That the bid of Aaron J. Conner, General Contractor, Incorporated, fo: furnishing all tools, labor, machinery and materials necessary to construct a rein- forced concrete pipe storm drain (proposal No. 1) on King Street and Mecca Street, N. E., northeasterly from Vinton Mill Road to Belle Avenue, N. E.., in full accordance with the City's specifications made for said work, for the sum o£~ $38,054.00, be and said bid is hereby ACCEPTED; and (2) That the other bids made to the City for the aforesaid work be, and the said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City',s appreciation for said bids; and (3) That the City Manager and the City Clerk be, and they are hereby authorized and 'directed to enter into a written contract on behalf of the City With the aforesaid successful bidder for the 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 bi'dder'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 appropriati ~s 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. ATTEST: ~ 'c-/7 ' City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1970. No. 19136. AN ORDINANCE to amend and reordain the Capital Improvement Fund of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Romoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Capital Improvement Fund of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 235 CAPITAL IbIPI~OVEMENT FUND CIP 32 Sanford, Lynn-Winston and Brandon Avenues - Storm Drain ............... $1.,000.00 BE IT FURTHER OI~DAINED that, an emergency existing, this Ordinance shall be in effect from its passage. AT TE ST: ',, City Clerk APPROVED Mayor IN THE COUNCIL OF' THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1970. No. 19137. AN ORDINANCE accepting a bid and awarding a contract for the construction of a storm drain on Denniston Avenue, S. W., between Memorial Avenue and Maiden Lane, S. W., upon certain terms and conditions; rejecting certain other bids made therefore; and providing for an emergency. WHEREAS, at the meeting of the Council held on April 6, 1970, and after due and proper public advertisement had .been made therefor, four (4) bids made to the City for constructing a storm drain on Denniston Avenue, S. W. between Memorial Avenue and Maiden Lane, 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 13ii .I 1970, its tabulation and report of said bids, from which it appears that the bid hereM inafter accepted represents the best bid made to the City, meeting all the City's specifications for said work, and should be accepted; and WHEREAS, funds have been appropriated by the Council sufficient to pay the cost of the contract hereinafter authorized to be entered into and, for the usual daily operation of the municipal government, an emergency is declared to exist. THEREFOI~E, BE IT OI~DAINED by the Council of the City of Roanoke as follows: (1) That the bid of Draper Construction Company, Incorporated, for furnish ng all tools, labor, machinery and materials necessary to construct a smooth interior corrugated metal pipe. storm drain (Proposal No. 1) on Denniston Avenue, S. W., betwee Memorial Avenue and Maiden Lane, S. W., in full accordance with the City's specifica- tions made for said work, for the sum of $55,456.00, be, and said bid is hereby ACCEPTED; and' (2) That the other bids made to the City for the aforesaid work be, and th, 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 236 (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 a~resaid 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 accepte, 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 provisio of this ordinance and said contract, charging said p.ay. ment to appropriations heretof, made by the City for said work. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: '//" " / City Clerk APPROVED Mayor ' IN THE COUNCIL OF THE CITY OF ROANOKE, I~GINIA, ' The 13th day of April, 1970. No. 19138. AN ORDINANCE to amend and reordain Sec. 5. When Personal Property Taxes Payable, Sec. 6. Penalties for Failure to Pay Current Taxes, and Sec. 10. Taxation of Public Service Corporations, of Chapter 1. Current Taxes, Title'V0. Taxation, of the Code of the City of Roanoke, 1956, as amended, relating to the date upon which tangible personal property'taxes shall become due, providing penalties for nonpayment in time of real and tangible personal property taxes, and for interest on unpaid taxes, and providing for the taxation of real and tangible personal property of publ: service corporations, respectively; and providing for an emergency. WHEREAS, the Council has been advised that the sections of Chapter 1. Current Taxes, of Title VI. Taxation, of the Code of the City of'Roanoke, 1956, as amended, hereinafter set out should be amended and reordained by the CoUncil as is hereinafter provided; and WHEREAS, there is, in the judgment of the Council, an immediate necessity, for the usual daily operation of the municipal 'goverNment, that this ordinance be passed by the Council as an emergency measure, in order that the provision h~ein contained become effective upon such passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. When Personal Property Taxes Payable, Sec. 6. Penalties for Failure to Pay Current Taxes, and Sec. 10. Taxation of Public Service Corporations, of Chapter 1. Current S re 237 Taxes, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, be and said sections are amended and reordained to read and provide, respectively, as follows: Sec . 5 . When annual tangible personal property taxes due and payable. City taxes imposed on tangible personal property pursuant to section 1 of this chapter shall be due and payable as follows: one-half of the amount of such annual tax shall be due and payable to the city on or before the first day of May of the year for which such taxes are provided to be assessed and one-half of the amount of such anuual tax shall be due and payable to the city on or before the fifteenth day of June, next following, of such year, and all such taxes shall be paid on or before the fifteenth day of June of the year for which such taxes are provided to be assessed in order to avoid the penalty for nonpayment in time provided for in section 6 of this chapter. Sec. 6. Penalties for failure to pay current taxes. Any person who shall fail to pay to the city treasurer on or before April fifth, June fifth, September fifth and December fifth of each year the quarterly installment of real estate taxes becom- ing due on or before March first, June first, September first and November first, respectively, of such year, as provided by section 3 of this chapter, and any person who shall fail to have paid to the city treasurer on or before June fifteenth of each year the whole of the tangible personal property tax imposed by section 1 of this chapter, shall be assessed by the city treasurer and shall pay a penalty of five per cent on the amount or such unpaid install- ment or tax, as the c~ e may be. Interest at therate of six per cent per annum shall be assessed and collected on the principal and penalties of ail such taxes and levies remaining unpaid from the date now fixed or hereafter fixed by general, law for the payment of interest on delinquent local taxes and levies. Sec. 10. Taxation of public service corporations. The assessment by the state corporation commission of the real estate and tangible personal property of public service corporations for the preceding year shall be taken as the assess- ment of such properties for levying taxes for the then current year and, in the case of such taxes, for the payment and collection of installments of such taxes, until the regular annual assessment of such properties by said commission for such current year is completed as prescribed by law. The taCgibl~ personal property taxes of such corporations shall become due and payable each year as follows: one-half of the amount of such annual tax shall be due and payable to the city on or before the f'irst day of May of the year for which such taxes are provided to be assessed and one-half of the amount of such annual tax shall be due and payable to the city on or before the fifteenth day of June, next follow- ing, of such year, and ail such taxes shall be paid on or before the fifteenth day of June of the year for which such taxes are provided to be assessed in order to avoid the penalty for non- payment in time provided for in section 6 of this chapter. The taxes upon the real estate and real estate improvements of such corporations ~all be due and payable during the year for which the same are assessed, in four installments, as follows: until the regular assessment of such properties by said commission for the current year is completed, one-fourth of the taxes on the total real estate assessment for the prece~ng year shall be due on March first, a like amount on June first, and a like amount on September first, and any tax balance for the current year shall be due on November first of said year, at which time of payment of said last installment the total of such real estate and personal property taxes for the current year shall be adjusted between the city and any public service corporation affected on the basis of the assessment by said commission for the current year as pro- vided in § 58-84g. of the Code of Virginia, 1950. Penalties for non-payment in time of taxes provided to be assessed on real estate and tangible personal property of public service corporations, and interest on any such unpaid taxes, shall be assessed and collected as provided in section 6 of this chapter. 238 All provisions of sections 1 to 10 of this chapter, not in conflict herewith, shall apply with equal force and effect upon public service corporations as upon other persons, firms and co[porations. The provisions of this section are subject to all the pro- visions contained in $ 58-849, of the Code of Virginia, 1950, relating to amendments of assessments by the commission upon proper application filed with it. BE IT FURTHER ORDAINED that an emergency exists and that this ordinance shall be in force and effect upon and after its passage. BE IT FINALLY ORDAINED that the City Clerk do forthwith cause a certified copy of this ordinance to be published once a week for two successive weeks in a newspaper of general circulation published in the City. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2Otb day of April, 1970. No. 19132. AN ORDINANCE to permit Roanoke Gas Company to construct, maintain and oper- ate an underground 12-inch welded steel gas ~in-feeder-line pipeline a distance of 14,129.0 feet, more or less, under and across certain of the City's Carvins Cove watershed property situate mainly in Botetourt County but partly in Roanoke County, upon certain terms and condit~ns. WHEREAS, a committee of the Council has approved the general location of the gas pipeline hereinafter authorized to be constructed in certain of the City's Carvins Cove watershed property and the terms upon which Roanoke Gas Company be )ermitted to construct, maintain and operate the same. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. (a) Roanoke Gas Company, hereinafter referred to as "Licensee", is ermitted to construct, reconstruct, repair, maintain, operate and use during the erm hereinafter set out a certain underground 12-inch welded steel gas transmission pipeline, with necessary related appurtenances, (herein referred to collectvely as pipeline"), a total distance of 14,129.0 feet, more or less, measured along the existing ground surface, under, through and across certain land of the City of Roanoke situate in Botetourt County and in Roanoke County, Virginia, known as the Carvins Cove Reservoir property or watershed area, (herein referred to as "watershed"), the enterline of the pipeline to be located as follows, viz: (a) BEGINNING at a point on'the top of Tinker Mountain in Botetourt County and on the division line between the land of ~e City of (b) Roanoke and land of B. W. Hopkins, which point is approximately 223.0 feet southerly along said division line from an interior corner marked by a wooden post; thence, in a southerly direction across the land of the City of Roanoke a distance of 9,947.0 feet to a point on the division line between the land owned by said City of Roanoke and land owned by Julia K. Lawson, approxi- mately 142.0 feet southeasterly from a pile of rocks at a corner on said property line, the centerline of the ~oresaid right-of- way being shown, as through Parcel 16-1, on Sheet No. 2 of the plans hereinafter mentioned; BEGINNING again, at a point on the division 1-ine between the land of the City of Roanoke and the land of Julia K. Lawson, in Botetourt County, said point being located S. 74u 15' W., 245.0 feet from an iron pin in County Road No. 648 at a corner in said division line; thence, from said BEGINNING POINT, in a southerly direction across land of the City of Roanoke a distance of 1,928.0 feet to a point in the division line between the land of the City of Roanoke and land owned by S. S. Dogan, which said point is N. 63~ 00' W., 204.0 feet from an iron pin at a corner in said division line on the west side of the aforesaid County Road; the centerline of the afore- said iight-of-~ay being shown, as through Parcel 16-2, on Sheet No. 3 of the plans hereinafter mentioned; and (c) BEGINNING at a point on the division line between land of the City of Roanuke and land owned by C. L. Pultz, said line being on the line between Botetourt County and R~anoke County; thence, across land of the City of Roanoke situate in Roanoke County, in a southwesterly direction 2,254.0 feet to a point on the north right-of-way line of Interstate Route 61, in Roanoke County, said right-of-way being shown, as through Parcel 16-3, on Sheet No. 3 of the plans hereinafter mentioned; true copies of Sheets Nos. 2 and 3 of the plans aforementioned, numbered Plan C-i712, prepared by Ford, Bacon ~ Davis Construction Corporation, Engineers for Roanoke Gas Company, dated October 1, 1969, and December 4, 1969, respectively, and marked "Approved for Construction" under date of March 26, 1970, being on file in the office of the City Clerk, and, als,), in the office of the Manager of ~e Water Department of the City of Roanoke, on which copies of said plans the location of the centerline of the pipeline on the property of the City of Roanoke, abovedescribed, is shown colored red ink. (B) There is granted to Licensee for and during the term of this license a thirty (30)-foot wide right-of-way, (hereinafter referred to as "permanent. right-of- way"), measured on a horizontal plane across said right-of-way, in three (3) sections for the aforesaid 12-inch underground gas pipeline, a total distance of 14,129.0 feet, more or less, in length. The centerline of the permanent right-of-way shall be located as described in paragraph 1.(A), hereof, and as shown on Sheets Nos. 2 and 3 of Plan C-1712, hereinmentioned. The pipeline shall be located within the permanent right-of-way and, except as otherwise shown on the plans and specifications for the construction of the pipeline, shall be located at least thirty (30) inches below th'e surface of the permanent rig~-of-way. There is further 9ranted to Licensee the temporary right to usean additional twenty (20)-foot wide temporary construction right-of-way, (hereinafter referred to as "temporary right-of-way"), likewise measured on a horizontal plane, extending along either side of the abovedescribed permanent right-of-way, but not on both sides thereof at any po~t or place, the temporary right-of-way to be used for and during he period of construction of the pipeline, only, and for the purpose of operating 24O construction machinery and equipment and for the storing or stockpiling of materials and equipment, but all right of Licensee in the temporary right-of-way to terminate and expire upon completion of initial construction of the pipeline, except that such termination shall in no wise release Licensee from the obligation and duty to restore the area within the temporary right-of-way as hereinafter set out. Further, Licensee is granted a reasonable right of access to each aforesaid section of the permanent right-of-way, for purposes of ingress and egress thereto and therefrom in order to properly maintain, operate and repair the pipeline, over the resickeof the watershed property of the City. Such access shall be by existing roads or roadways to or crossing the permanent right-of-way or by additional roads or roadways constructed by Licensee at its cost at such locations and of such width as are approved in writing by the Directors hereinafter named. Licensee shall during the term of this license, promptly and at its expense, restore all existing roads or roadways or other Property of the City damaged by Licensee's use thereof for purposes of the construction or maintenance of the p~peline. (C) The Licensee shall have the right to cut and clear from the permanent right-of-way and, also, to the extent reasonably necessary, from the temporary right- of-way, and to keep cut and cleared from the permanent right-of-way all trees, schrub and brush deemed by Licensee to interefere with the construction, maintenance, use or operation of the pipeline. Licensee shall remove and dispose of all such cut trees, brush and shrubs, except that Licensee may, upon approval in writing of the Directors collect and leave such cut material, or parts of it, upon such port, ns of the afore- said rights-of-way or watershed and in such manner as may be approved by said Directors. Upon completion of the initial construction of the pipeline, the temporary right-of-way, or so much thereof as shall have been cleared or otherwise disturbed by the Licensee during the period of construction, shall, after having been satis- factorily seeded orotherwise treated for prevention of erosion'by reason of any such clearance or other disturbance, be allowed and encouraged to return to normal forest growth, but Licensee shall thereafter and upon n~ice given by the Directors return to any portion of said temporary right-of-way area and take reasonable and necessary steps to correct any adverse conditions of soil erosion as may have been or be caused by the construction of said pipeline or by its location or existence in the permanent right-of-way. 2. It is to be expressly understood by Licensee that the watershed is "owned and held by the City as a public watershed and water reservoir area and as a public recreational area, and that Licensee shall not do any act or thing or permit or allow any act or thing to be done except those rhinos herein expressly permitted or allowed which will in any wise damaoe, impair or adversely affect said land as a watershed area or water reservoir or affect the public water supply or use of the watershed as a recreational area; and that the Licensee shall be responsible for any such damage, impairment or adverse effect on any of ~ e same caused by any act ~of ~e Licensee, its agents, servants, employees or contractors not herein expressly authori ed or permitted. 241 3. The construction of the pipeline shall be done in strict accordance with the plans and specifications for the construction of the pipeline, which plans and specifications have been approved in writin9 by the City Manager and the City's Water Department Manager and copies of which shall be filed with the City Clerk and in the office of the Water Department Manager, and the pipeline shall be maintained and operated in strict accordance with those minimum approved standards and specifi- cat, ns set out in USA Standard Code for Pressure Piping, Gas Transmission and Distri- bution Piping Systems - USAS B31.8-1968, promulgated by the American Society of Mechanical Engineers, as the same may be from time to time amended, superseded or replaced by the promulgators thereof or by any Federal or State of Virginia code of regulations applicable to the pipeline; additionally, the pipeline shall be equipped with and have installed check valves and excess flow valves adequate to prevent unnecessary escape of gas from said pipeline in event of rupture. The construction or reconstruction of the pipeline shall not be commenced until all prior conditions hereof have been met and a permit therefor has been issued by the City Manager. There is reserved in the Directors (consisting of the City Manager and Manager of of the City's Water Department) the City's right to inspect the pipeline and rights- of-way and to initiate the revocation of this license or of action hereunder by the City in the event the construction and Licensee's maintenance and operation of the pipeline and of the rights-of-way shall not in all respects conform to the provisions of this license. 4. Licensee will at all times keep the pipeline in proper repair and safe condition and will promptly make such repairs thereto from time to time as are required to comply with the standards and specifications abovementioned or as are necessary for protecting the safety of persons and property or for the protection of the City's watershed. 5. Licensee shall restore the surface of the rights-of-way or other land of the City disturbed or a£fected by the construction, reconstruction, repair, maintenance, operation or removal of the pipeline in a manner so as to prevent erosio of the right-of-way areas as a result of the construction of the pipeline; and Licensee will plant all such disturbed or affected areas with grass seed or, if planting of any such area or areas not be practicable, will, if necessary, construct terraces or slopes or other artificial structures so as to prevent soil erosion resulting from any such construction by Licensee or by the existence of the pipeline land so as to encourage wild life development in the watershed area; provided, however that the requirement of seeding may be waived or modified by the Directors with respect to any area of the rights-of-way on which are intended to remain roadways or accessways. When, because of the maintenance, operation, construction, repair, existence or removal of the pipeline, the safety of persons using the property of the City or the preservation and protection of the City's watershed area requires that the area of any aforesaid right-of-way be further restored or protected against erosi or other damage, Licensee shall further restore, reseed or otherwise protect said 242 areas when notified by the Directors, in a manner and with materials reasonably satisfactory to said Directors. 6. The rights herein permitted are non-exclusive and are subject to such other rights, privileges or interests in the watershed which may have heretofore been granted, conveyed or permitted to others by the City or by the City's predecesso] in title to said lands and when, because of the construction, reconstruction, repair, maintenance, operation, existence or removal of the pipeline, the property of others or t he facilities of a public utility which has been granted a franchise, permit or easement by the City, or by others, to use the watershed area for tis purposes is disturbed or in any way affected thereby, Licensee will construct, reconstruct, repair or replace such facility in a manner satisfactory to and under the supervi~on of such other person or of th e public utility to which such other franchise, permit or easement has been granted. 7. Licensee will indemnify, reimburse and save the City harmless from all charges, damages or costs that the City may be required to pay or otherwise sustain by reason of the construction, reconstruction, repair, maintenance, operation, use, existence and removal of the pipeline and by reason of any person, firm or corp- oration being injured or damaged in any way in person or property by the construction reconstruction, repair, maintenance, operation, use, existence or removal of the pipeline; and in the event that suit shall be brought against the City, either independently or jointly with Licensee on account thereof, Licensee will defend the City in any such suit at the cost of the Licensee; and in the event of a final judgment being obtained against the City, either independently or jointly with the Licensee, then Licensee will pay such judgment with all costs and hold the City harmless therefrom. 8. Licensee shall not be permitted, in exercising its privilege of clearing or keeping clear the rights-of-way herein provided, to use chemicals or other materials which are or might be toxic to man, animals or fowl, but all such clearing and subsequent disposal of material resulting from such clearing and cutting shall be performed in a manner approved by the Directors. 9. Licensee shall be solely responsible for and shall pay and discharge all taxes which may be 1. awfully assessed upon its gas pipeline constructed on the property of the City, or upon said City's property as a consequence of the existence of said pipeline on said property. 10. Licensee shall insure its liability in connection with the construction reconstruction, repair, maintenance, operation, use, existence or removal of the pipeline, providing of not less than $100,000 for all bodily injuries to any one )erson in any one occurrence and of not less than $300,000 for all bodily injuries resulting from any one occurrence, and $100,000 for property damage. Such insurance shall also extend to provide coverage of the Licensee's liability under this ordinanc 243 and against the acts of any of the Licensee's contractors and their subcontractors. Such insurance shall be written by an insurance company autherized to transact business in the State of Virginia and shall be kept in full force and effect by the Licensee during the term o£ ~is license and during the period of any removal of the pipeline. Licensee will provide the City with a certified copy of all such insurance policies or, in lieu thereof, certificate of such insurance which, in either case, shall contain a statement that the insurance is provided to enable the Licensee to perform its obligation under paragraph 10. of this ordinance, and that it will not lapse or otherwise expire unless after sixty days written notice thereof given by the Licensee's insurance carrier to the City Manager of the City, anything in the insurance contract to the contrary notwithstanding. I1. Licensee shall furnish the City, to be deposited with ~e City Clerk, its bond in a penalty of $25,000, conditioned upon Licensee's full and punctual performance of Licensee's obligations and undertakings under this ordinance. License shall keep the same in full force and effect at all times during the construction and existence and any such removal of the pipeline. 12. That permission 9ranted herein is 9ranted pursuant to the power confer- red by law and is subject to all franchises, permits and leases heretofore granted by the Council to use the within described property of the City. It is not intended by the adoption of this ordinance to offer or 9rant a franchise. 13. Upon the failure, refusal or neglect of ~e Licensee to comply with the provisions of this ordinance or with any lawful directive of the Directors given hereunder, the City shall have the right to perform the Licensee's obligation under this ordinance at the Licensee's cost and expense, without liability to the Licensee for damage sustained on account thereof. 14. The licensee will exercise all reasonable care and precaution so as not to be responsible for the outbreak of fire on the lands of the City, and under no circumstances shall any clearing of trees, shrubbery, brush, or other natural matter be accomplished by burning; except that during the pe~od of construction of the pipeline burning of piles or stacks of brush, only, may be permitted under contro led conditions subject to approval and authorization and under any supervision requir of and by the appropriate 9overnmental authorities. In the event of the existence at any time of forest fire in any area adjacent to the aforesaid rights-of-way or on the same or at a location such as to threaten the same with fire, the Licensee shall on notice by the Directors, or either of them, assist in combatting such fire by supplying reasonable manpower and equipment for the purpose of controlling and extin- guishing the same. 15. Unless this license be sooner renewed, extended or merged into other agreement between the City and Licensee, this license shall terminate and expire on August 31, 1993. Upon such termination, the pipeline and proper ty of t he Licensee in the permanent right-of-way may, upon payment by the City to the Licensee ofthe fair value of said pipeline and other property, become the property of the City. The fair value of the pipeline and such other property shall be ascertained and determine, 244 rights-of-way, arrive at the fair value thereof; but Licensee shall be entitled to no payment by reason of the value of the license. The appraisers shall be selected by mutual aoreement of the City of Roanoke and Licensee, and in the event of the failure of said parties to mutually agree upon three (3) appraisers, they shall be selected by the State Corporation Commission of Virginia, and the findino$ of such appraisers shall, together with the evidence heard and considered, be submitted to the Mayor of said City and to Licensee, and shall be subject to review by the State Corporation Commission of Virginia. Such review shall be upon application either of said City of the Licensee made within thirty (30) days after the submission of such findinos. The hearin0 upon such review shall be upon the report of such apprais ers and records and evidence filed therewith and such other evidence as either party may submit under rules, practice or direction of the Commission. Otherwise, and unless this license be renewed, extended or merged or said pipeline and property be purchased and acquired by the City as above provided, the pipeline and other property of Licensee on the riohts-of-way shall be removed therefrom by the Licensee or be abandoned by means reasonably satisfactory to the Directors, unless the continued use and operation of the pipeline is reasen~bly required by Licensee for the delivery of gas for distribution in the City of Roanoke under ~e terms of any franchise then held by Licensee. 16. This license and the rights amd privileoes herein granted or provided shall take effect ten (10) days after the final passage of this ordinance by the City Council and upon acceptance by Licensee of the provisions hereof in the manner herein provided; and this license shall cont~ue in full force and effect until August 31, 1993, unless terminated earlier in a manner herein provided. 17. Licensee shall pay to the City at the commencement of the term of this license the sum of $1,092.18, cash, such sum being the total agreed value of Re saw timber and pulpwood allowed to be cut by Licensee from the rights-of-way herein pro- vided. In addition, Licensee shall pay to the City, annually, commencing on the date upon which Licensee shall accept in writ i~ the provisions of this ordinance and upon the anniversary of said date each year thereafter and durino the term of ~is license, the sum of $1,203.75, which said sum is agreed to be fixed at the rate of $450.00 per year per mile, or fraction thereof, of the total length of the p~ manent right- of-way; the first such annual payment, together with payment of the agreed value of saw timber and pulpwood, to be made at Re office of t he City Clerk, thereafter each annual payment of $1,203.75, aforesaid, to be made at the office of the Manaoer of the City's Water Department. BE IT FURTHER ORDAINED that this ordinance shall be in force and shall become effective ten days after its final passage and when Licensee shall have execut ed under seal four (4) attested copies hereof, one of which shall be permanently )reserved in the office of the City Clerk, one of which shall be filed in the office )f the City Auditor, one of which shall be filed in the office of the Manager of the City's Water Department, the other to be retained by said Licensee, which execution hall constitute Licensee's acceptance in writing of each and every term, condition 245 herewith, provided, however, the Licensee shall not exercise the privileges granted in this ordinance until it shall furnish the liability insurance contract and bond provided for in this ordinance, shall have paid to the City the first payment pro- vided for in paragraph 17., su~, and shall have obtained written permit from the City Manager to proceed with construction of the pipeline as herein provided. APPROVED ATTEST: City Clerk, May or ATTEST: Secretary Roanoke, Virginia, , 1970 ACCEPTED: ROANOKE GAS COMPANY, By President PERMIT Roanoke, Virginia, ,1970 TO: ROANOKE GAS COMPANY, Roanoke, Virginia Roanoke Gas Company having accepted in writing and in the manner prescribed the terms, conditions and provisions of Ordinance No. adopted , 1970; havin9 paid to the City of Roanoke at the office of ~e City Clerk the full sum of $2,295.93, due upon such acceptance; havin9 deposited with the City Clerk the insurance policies, or certificates thereof, and bond and, also, the plans and specifications referred to in said ordinance; and the undersigned havin9 approved in writin9 the plans and specifications for construction of the 12-inch pipeline referr to in said ordinance, Roanoke Gas Company, its authorized agents, officials, emplo and contractors are hereby permitted to enter and 9o upon said City's Carvins Cove watershed property and construct said pipeline in accordance with the terms, condi- tions and provisions of said ordinance and as shown on the plans and specifications referred to therein. Julian F. Hirst, City Manager of the City of Roanoke 24'6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1970. No. 19141. AN ORDINANCE to amend and reordain Sewage Treatment Fund, of the 1969-70 Appropriation Ordinance, and ~ oviding for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Ro~rDke that Sewage Treatment Fund, of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWAGE TREATMENT FUND Data Processing (1) ......................................... $14,025.00 (1) Net increase--- -$4,025.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 6A~2 Cterk Mayor IN THE COUNCIL OF T HE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1970. No. 19142. AN ORDINANCE to amend and reordain Section =45, "Police," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of t he City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Coupcil of the City of Roanoke that Sectio ~45, "Police", of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE ~45 Vehicular Equipment - Replacement (1) ...................... $21,650.00 Operating Supplies and Materials (2) ....................... $10,400.00 (1) Net decrease ............................. $400.00 (2) Net increase ...................................... $400.00 BE IT FURTHER ORDAINED that, an emergency existing, t~s Ordinance shall be in effect from its passage. ATTEST: Cfty Clerk APPROVED Mayor 247 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1970. No. 19143. AN ORDINANCE to amend and reordain Section Ell, "Purchasing Aoent," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ;;11, "Purchasino Agent," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PURCHASING AGENT Ell Printing and Office Supplies (1) ........................... $2,178.00 Education (2) .............................................. $ 70.00 (1) Net decrease $70.00 (2) Net increase ............ $70.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Cfty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, ¥IRGINIA, The 20th day of April, 1970. No. 19144. AN ORDINANCE to amend and reordain Section ~320, "Water - General Expense, and Section g280, "Water - Purification," of the 1969-70 Appropriation Ordinance, and providing for an emeroency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section g320, "Water - General Expense,'" and Section g280, "Water - Purification," of the 1969-70 Appropriation Ordinance be, and the same are hereby, amended and reordained to read as follow, s, in part: WATER -GENERAL EXPENSE g320 Printing and Office Supplies (1) ....................... $14,000.00 WATER - PURIFICATION ~280 Operating Supplies and Materials (2) ................... $61,000.00 (1) Net increase $2,500.00 (2) Net increase- $15,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED 248 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1970. No. 19145. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvement Fund," of' the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual al'ally operation of the Municipal Government of the City of Roanoke, an emergency is declared to ex'ist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section gB9, "Transfers to Capital Improvement Fund," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in )art: TRANSFERS TO CAPITAL IMPROVEMENT FUND Capital Improvement Projects (1) ......................... $2,602,155.03 (1) Net increase .$21,000.00 CIP =9 - Improvements to Runway 23 at Roanoke Municipal (Woodrum) Airport (Contingency Fund required by the FAA) BE IT FURTHER ORDAINED that, an emergency existino, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1970. No. 19146. AN ORDINANCE providing for the City's acquisition of a parcel of land situate on the northeasterly line of Guilford Avenue, S. W., opposite Lofton Road, S. W., adjacent to Shrine Hill Park, designated Official No. 1551222, for public street purposes, upon certain terms and conditions; and providing for an emergency. WHEREAS, Mrs. S. W. Dowdy, attorney-in-fact for Mrs. Lottie F. Stewart, owner of the land hereinafter described, has offered to sell and convey the same to the City for the purchase price hereinafter provided, said land adjoining the City's Shrine ~Hill Park and being wanted' and needed by the City for public street purposes; and WHEREAS, funds sufficient to pay the purchase price hereinafter provided have been or are contemporaneously being appropriated for the purpose and, for the usual daily operation of the municipal oovernment and emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. 249 THEREFORE, BE IT ORDAINED by the Council of the City of RoarDke that the offer of Mrs. S. W. Dowdy, attorney-in-fact for Mrs. Lottie F. Stewart to sell and convey to the City for a consideration of $12,500.00, cash, upon delivery of a good and sufficient deed ~ conveyance, that certain lot or parcel of Iand with all appur- tenances thereto belonging known and described as Lot 10, Block ?, according to the Map of Grandin Court, in the City of Roanoke, Virginia, and being further designated as Official No. 1551222~on tile City's Tax Appraisal Maps, be, and said offer is hereby ACCEPTED; and the proper City officials be, and are hereby authorized to draw and deliver to said owners or person or persons shown to be entitled thereto the City's Check in payment of the aforesaid purchase price, upon delivery to the City of a good and sufficient deed of conveyance made with General Warranty and modern English convenants of title, upon such form as is prepared and approved by the City Attorney, unpaid current taxes on the parcel of land so acquired to be abated and released. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: gity Clerk May or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1970. No. 191d7. AN ORDINANCE to amend and reordain Section ~87, "Street Construction," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roam ke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~87, "Street Construction," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended, and reordained to read as follows, in part: STREET CONSTRUCTION ~7 Land Rights of Way (1) ............................ $12,800.00 (1) Net increase ........... $7,800.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. AT T E ST: G/ity Clerk APPROVED Mayor 25O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1970. No. 19148. AN ORDINANCE providing for adoption by reference of the 1969 Copyrighted Edition of the Southern Standard Building Code, by amending Sec. I, and Sec. 3. of Chapter 1.1, Title XV of the Code of Ge City of Roanoke, 1956, as amended; and providing for an emergency. WHEREAS, for the preservation of the public property, health and safety, 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. THERERORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 1. Southern Standard Building Code-Adoption, of Chapter 1.1. 1967 Building Code, Title XV, of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: Sec. 1. Southern Standard Building Code - Adoption. The provisions, requirements and regulations contained in that certain Building Code known as the Southern Standard Building Code, promulgated and published by the Southern Building Code Congress, being particularly the 1969 copyrighted edition thereof and the whole thereof, together with and including Appendix "A" - Weights of Building Materials, Appendix "B" - Fire Resistance Ratings for Materials and Construction, Appendix "C" - Wood Preservatives, Appendix "D" - Hurricane Requirements, Appendix "E" - Recommended Guide for Sound Isolation in Multi-Family Dwellings, and Appendix "F" - Fallout Shelter Construction, incorporated into and promul- gated and published as a part of the 1969 edition of said Southern SUn dard Building Code, save and except such portions as are herein- after deleted, modified or amended, be, and the same are hereby adopted by the City of Roanoke and are incorporated herein by reference as fully as if set out at length herein and from and after the date on which this chapter shall become effective, the provisions thereof shall be controlling in the construction of all buildings and other structures therein contained within the corporate limits of the City of Roanoke; copies of said code and of this chapter and any subsequent ordinances amendatory thereof shall be kept on file in the office of the building commissioner and in the office of the city clerk. BE IT FURTHER ORDAINED that Sec. 3. Title - Citation of Chapter, of Chapter 1.1 of Title XV of the Code of the City of Roanoke, 1956, as amended, be amended and reordained to read and provide as follows: Sec. 3. Title - Citation of chapter. Chapter 1.1 of Title XV of the Code of the City of Roanoke, 1956, as the same is from time to time amended, and the provisions set out in the Southern Standard Building Code shall be known, designated and cited as the 1967 Building Code of the City of Roanoke, as amended. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: / C/ity Clerk Mayor 251 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1970. No. 19152. AN ORDINANCE to amend and reordain Section ~65, "Airport," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke th~ Section ~65, "Airport," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT ~65 Supplies and Materials-Construction (1) .................. $4,000.00 Maintenance of Buildings and Property (2) ............... $39,400.00 (1) Net decrease .... $I,000.00 (2) Net increase $I,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1970. No. 19153. AN ORDINANCE accepting the proposal of Hodges Lumber Corporation for the reconstruction of the ramp at Hangars 11 and 12 at the Roanoke Municipal Airport; authorizing the proper City officials to execute the requisite contract; rejecting ilcertain other bids made to the City. and providing for an emergency WHEREAS, at the meeting of Council held on April 13, 1970, and after due iand proper advertisement l~d been made therefor, five (5) bids for furnishing all itools, machines, labor and materials for the reconstruction of the ramp at Hangars 11 and 12 at the Roanoke Municipal Airport were opened and read before the Council, whereupon all said bids were referred to a committee appointed by the Council to tabulate and study the same and to make report and recommendation thereon to the iCouncil; and WHEREAS, said committee has reported to the Council, in writing, its tab- ulation and recommendation on all said bids, all of which were invited and made on unit prices and estimated quantities, from which it appears to the Council that the 252 proposal of Hodges Lumber Corporation, represents the lowest and best'bid made to the City for the performance of said work, and should be accepted~ and' that sai,d other bids should be rejected; and WHEREAS, there is being appropriated, and made available for such work a sum sufficient to pay the contract price hereinafter authorized; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That the proposal of Hodges Lumber Corporation for the reconstruction of the ramp at Hangars 11 and 12 at the Roanoke Municipal Airport, as described in the City's plans and specifications, for an estimated $30,309.22, based on unit prices, be, and said proposal is hereby ACCEPTED, the costs to be incurred by the City, however, not to exceed the total sum of $30,309.22; (2) That the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with the aforesaid Hodges Lumber Cor- porartion, such contract to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for said work; said contract to be upon such form as is approved by the City Attorney, and the cost of the work when completed to be paid out of funds heretofore appropriated by the Council for the purpose; and (3) That the other bids made to the City for performing said work be REJECTED, the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1970. No. 19154. tion, AN ORDINANCE to amend and reordain Section ~88, "Sewer and Drain Construc- and Section ~67, "Sewer Maintenance," of the 1969-70 Appropriation Ordinance, and providing for an emergency. 253 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the ~ty of Roanoke that Section ~88, "Sewer and Drain Construction," and Section ~67, "Sewer Maintenance," of the 1969-70 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SEWER AND DRAIN CONSTRUCTION Supplies and Materials - Construction (1) .................. $38,000.00 SEWER MAINTENANCE ~67 Maintenance of Buildings and Property (2) .................. $30,000.00 (1) Net decrease ................ $6,000.00 (2) Net increase--. ......... $6,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED May or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1970. No. 19155. AN ORDINANCE providing for the redrilling and alteration of three (3) certain drainage wells at various locations in the Williamson Road area by the award of a contract to Frank W. Martin Drilling Company, Incorporated, for the redrilling of said drainage wells; and providing for an emergency. WHEREAS, at the meeting of the Council held on April 13, 1970, and after due and proper advertisement Md been made therefor, one (1) bid for furnishing all labor and materials for the redrillino and alteration of three (3) certain drainage wells at various locations in the Williamson Road area was opened and read before the Council, whereupon said bid was referred to. a committee for study, report and recommendation to the Councit; and WHEREAS, said committee has reported to the Council that the bid of Frank W Martin Drilling Company, Incorporated, made on unit prices on estimated quantities of work set out in the City's plans and specifications, amount to a total estimated ost to the City of $8,791.50, and meets the City's requirements and specifications eferred to in its advertisement and appears to be the lowest and only bid made to he City for the performance of the said work, and should be accepted; and 254 WHEREAS, funds sufficient to pay for the cost to the City of the construc- tion of said drainage wells 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 passaoe. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Frank W. Martin Drilling Company, Incorporated, to redriI1 and make necessary alterations in three (3) certain drainage wells at various locations in the William- son Road area specified by the City, in accordance with the City's plans and specifi- cations prepared therefor and on the unit prices set out and contained in said contractor's bid or proposal, based upon the estimated quantities of work set out in the City's specifications and in said committee's report be and said bid is hereby ACCEPTED; and the City Manager is authorized and directed to enter into contract, 'on behalf of the City, with the aforesaid contractor for the performance of said work, said contract to have incorporated therein the City's plans and specifi- cations, the aforesaid proposal, the said committee's report and the provisions of this ordinance and to be, otherwise, on such form as is al;roved by the City Attorney; the cost of the work not to exceed the total sum to the City of $8,791.50, and said work when satisfactorily completed and accepted by the City, to be paid for out of funds appropriated by the Council for the pukpose. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1970. No. 19156. AN ORDINANCE acceptin9 the proposal of Virginia Asphalt Paving Company, Inc., and Adams Construction Company for the paving of streets at various locations in the City of Roanoke; authorizing the proper City officials to execute the requisite contract; rejecUn9 certain other bids made to the City; and providing for an emergency. WHEREAS, at the meeting of Council held on April 13, 1970, and after due and proper advertisement had been made therefor, three bids for furnishing all tools, machines, labor and materials for the pavin9 of streets at various locations throuoh- out the City in accordance with the Virginia Department of Highways' specifications 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 255 WHEREAS, said committee has reported to the Council in writin9 its tabu- lation and recommendation on all said bids, all of which were invited and made on unit prices and estimated quantities, from which it appears to the Council that the joint proposal of Virginia Asphalt Paving Company, Inc., and Adams Construction Company represents the lowest and best bid made to the City for the performance of said work, and should be accepted; and that said other bids should be rejected; and WHEREAS, there has been or is being appropriated funds sufficient to pay for the contract hereinafter authorized; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That the proposal, made as ajoint venture, of Virginia Asphalt Pavin9 Company, Inc., and Adams Construction Company for the paving of streets at various locations throughout the City, in accordance with the Vir~linia Department of Highway specifications and as described in the City's plans and specifications, for an estimated sum of $148,564.00, based on unit prices and estimated quantities, be and said proposal is hereby ACCEPTED, the costs to be incurred by the City, however, not to exceed the total sum of $148,564.00, unless and until further appropriatim for the purpose of said contract be made by the Council. (2) That the City Manafler 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 Pavin~ Company, Inc., and Adams Construction Company, the same to incorporate the terms and conditims of this ordinance, said bidders' joint proposal and the City's plans and specifications made for said work; said contract, to be upon such form as is approved by the City Attorney, and the cost of the work, when completed, to be paid out of funds appropriated by the Council for the purpose; 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 emer~ency exists§, this ordinance be in full force and effect ,upon its passa9e. ATTEST: . ? .... f/ City Clerk APPROVED Mayor 256 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of April, 1970. No. 19159. A RESOLUTION relating to the Roanoke Buckskins professional football team. WHEREAS the Roanoke Buckskins, in active operation in this City for nearly two years, have brought to this City a professional atheletic team for the first time in many years; and WHEREAS the Buckskins experienced notable success in attendance during its first season, attracting some 74,200 paid spectators to its seven home games at Victory Stadium, thereby providi~ entertainment for thousands of people; and , WHEREAS the presence of the Buckskins in the City bring.s additional revenue to many business establishments in the community and 'promotes the name of Roanoke throughout the eastern section of the United States; and WHEREAS the Buckskins organization has proved itself an ouistanding citize of the community by sponsoring scholarships to area high school athletes,.contri- buting substantial sums to area flood relief, and otherwise actively joining in the affairs of the City; and WHEREAS the City has embarked on an ambitious program of sports and athleti having invested millions of dollars in the construction of the Coliseum-Civic Center which must have the support of professional athletics and a progra'm of cont~uing eve to attract visitors to the Roanoke Valley; and WHEREAS this Council is most anxious to create and foster an atmosphere of enthusiastic support and endorsement of professional athletics in oeneral md the Roanoke Buckskins in particular. THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke, in its own behalf and on behalf of the citizens of Roanoke, endorses wholeheartedly the Roanoke Buckskins, pledges its enthusiastic support to the Buckskins and earnestly urges the Buckskins to keep their operations in the City of Roanoke. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted forth. with to Mr. Jimmy Piersall, General Manager of the Roanoke Buckskins. ATTEST: 'City Clerk APPROVED Mayor ts 257 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1970. No. 19139. 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. 272, 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 5.25 acre tract of land lying on the West side of Miller Street and identified as Official Tax No. 2720801, beginning at the intersection of the origina northerl) boundary line of the E.E. Engleman 57.996 acre tract with the weste,rly line of Miller Street, said beginning p~t bears S. 690 13' W. 60.12 feet from the northwesterly corner of Lot 22, Section 9, Westwood Annex No. 2; thence with the westerly line of Miller Street S. 17~ 10 1/2' E. 126.53 feet to the point of curve; thence wit'h a curved line to the right whose radius is 1493.43 feet, and whose chord bearing and distance is S. 14o 18' E. 149.81 feet, an arc distance of 149.88 feet to a point; thence S. 11o 25 1/2' E. 424.56 feet to a point on the westerly line of Miller Street, N. W., a corner to the 0.416 acre parcel conveyed to Byron L. and Ethel M. Radford; thence leaving Miller Street and with the line of said Radford S. 78° 34 1/2' W., crossing the original line between E. E. Engleman and Byron L. and Ethel M. Radford at 158.67 feet and continuing with the line of another 0.416 acre parcel conveyed by Byron L. and Ethel M. Radford a total distance of 326.39 feet to a point in the center of Peters Creek; thence up the Creek as it meanders the following eight (8) bearings and distances: N. 8° O0''E. 67.17 feet; N. 430 39' W. 65.00 feet; N. 7° 20' E. 95.00 feet; N. 16o 21' E. 127.36 feet; N. 430 O1 1/2' W. 94.50 feet; N. 87° 36 1/2'W. 73.00 feet; N. 38° 43 l?'2'W. 129.00 feet and N. 30~ 17' W. 99.35 feet to a point; thence leaving the creek and with the original northerly outside boundary of the E. E. Engleman Tract N. 690 13' E. 446.18 feet to the point of Beginning, as shown by plat of survey made by David Dick and Harry A. Wall, Civil Engineers and Surveyors, dated May 2, 1962 and revised December 23, 1968 and revised January 28, 1970, and the 21.767 acre tract of land lying on the East side of Miller Street, designated as Official Tax No. 2720104, beginning at a point on the easterly side of Miller Street, N. W., being the southwest corner of Lot 5, Block 1, Section 1, "West Westwood", said point being S. 11o 25 1/2' E. 375.00 feet from the southerly side of Signal Hill Avenue, N. W.; thence leaving said Miller Street, N. W., and running twelve (12) lines with the southerly boundary lines of We~ Westwood, Section 1, as follows: N. 78° 34 1/2' E. 157.11 feet; N. 18° 35' W. 29.89 feet, N. 650 53' E. 146.97 feet, S. 24o 07' E. 43.77 feet, N. 65° 53' E. 141.30 feet N. 890 18' E. 82.17 feet, N. 650 11' E. 167.00 feet, N. 78° 36' E. 214.40 feet, S. 490 42 1/2' E. 136.45 feet, S. 800 13' E. 138. O0 feet, S. 42° 13' E. 50.04 feet and N. 750 26' E. 125.00 feet to a point on the westerly side of Mulberry Street, N. W., 258 said point being the southea~er,ly corner of Lot 13, Block 3, SeCtion No. 1, West Wes wood; thence leaving said Lot 13, Block 3, Sect4on No. 1, West Westwood and running with the westerly side of said Mulberry Street, N. W., S. 14o 34' E. 315.32 feet to point, a corner to the Property of Roanoke Electric Steel Corporation; thence with same S. 390 28 1/2'. W. 818.17 .feet to a poi,nt in Peters Creek; thence running three (3) li,nes up said Peters Creek N. 88n 59 1/2' W. 1.06.78 feet; .thence. N. 640 15 1/2' 172.80 feet; thence S. 850 37 1/2' W. 82.46 feet to a point on the easterly side of Miller Street, N. W.; thence with three (3) lines of same N. 47° 05 1/2' W. 415.16 feet to a point; thence with a curved line to the right whose radius is 436.26 feet, whose arc distance is 271.57 feet and whose c~ord bearing and distance is N. 290 15 1/2' W. 267.21 feet to a point; thence N. 11o 25 I/2' W, 221,26 feet to the point of Beginning, according to plat of survey made by Day,id Dick and Harry A. Wall, Civic Engineers and Surveyors, dated Ma, y 2, 1962 a~nd revised December 23, 19-68 and revised January 28, 1970, being the same properties conveyed to Rosava Investment Corporation by dee.d dated January 15, 1970, from L. Earl Simms, et ux., rezoned from RS-3, Single-Family Residential Dist.rict,. to RG-2, General Residential District; and WHEREAS, the City Planning. Commission has recommended that the hereinafter described land be rezoned from RS-3, Single-Fa,mily Residential District, to 1t6-2, 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. X¥, 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 20th day .of April, 1970, -.at 2 p.m., .before the Council' of the. City of Roanake, at which hearing all. parties in interest, and citizens were given an opportunity to be heard, bo 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 ORDAINEB by the Counc,il of the City of Roanoke that ,Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, re- lating to Zoning, and Sheet No. 272 of the Sectional 1966 Zone, Map, City of Roanoke, be, amended in the following particular and no ~ther, viz.: Property located on the west side of M,iller Street, N. W., described as a 5.25 acre tract designated on Sheet 27.2 of the Sectional 1966 Zone M , City of Roano as Official Tax No. 2720801 and the property located on the east side of Miller Street N.. W., described as a 21.767 acre~ tract designated on Sheet 272' .of the Sectional 1966 Zone Map, Ci,ty of Roanoke,. as Official Tax No. 2720104, be, and is hereby, changed from RS-3, Single-Family Residential District,, to RG-2, General Residential District, and that Sheet No. 272 of the aforesaid map be changed in this respect-. APPROVED ATTEST: 259 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1970. No. 19140. AN ORDINANCE permanently vacating, discontinuing and closing a certain alley, approximately 25 feet wide and 100 feet long, and extending in a southerly direction from Center Avenue, N. W., to another alley which runs generally east and west between Third and Fourth Streets, N. W., in the City of Roanoke, Virginia. WHEREAS, Roanoke Coca-Cola Bottling Works, Inc. has heretofore filed its application to the Council of the City of Roanoke, Virginia, in accordance with law req~es.tin9 the Council to permanently vacate, discontinue and close that certain alle approximately 25 feet wide and 100 feet long, and extending in a southerly direction from Cen~r Avenue, N. W., to another alley which runs generally east and west betwee Third and Fourth Streets, N. W., more particularly hereinafter described; and WHEREAS, Roanoke Coca-Cola Bottling Works, Inc. did on February 19, 1970. duly and legally publish a notice of its application to the Council by posting a cop of the notice on the front door of the Courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Campbell Avenue Entrance) and at 311 Second Street, S. E., all of which is verified by affidavit of the City Sergeant appended to the application; and WHEREAS, more than ten days having elapsed since the publication of the notice of said application, in accordance with the prayers of said application and th provisions of Section 15.1-364 of the Code of Virginia, as amended, viewers were appointed by the Council by resolution No. 19073, dated March 2, 1970, to view said alley and to report in writing whether or not in their opi~on any inconvenience woul result from formally vacating, discontinuing and closing said portion of an alley; and WHEREAS, it appears from the written report of the v~wers, dated March 16. 1970, and filed with the City Clerk on March 18, 1970, that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing permanently said alley; and WHEREAS, Council at its meeting on March 2, 1970, referred said applicatio to the City Planning Commission, which commission by its report filed with the City Clerk on March 19, 1970, recommended that said alley be permanently vacated, dis- continued and closed; and WHEREAS, a public hearing was held on said application before the Council at its regular meeting on April 20, 1970, after due and timely notice thereof by pub lication in The Roanoke World-News, at which hearing all parties in interest and cit zens were afforded an opportunity to be heard on said application; and WHEREAS, from all of the foregoing, the Council considers that no inconvie will result to any individual or to the public from permanently vacating, discontin and closin9 said alley, as applied for by the Roanoke Coca-Cola Bottling Works, Inc. n e u ,ng 260 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the alley approximately 25 feet wide and 100 feet long, and extending in a southerly direc~on from Center Avenue, N. W., to another alley which runs generally east and west between Third and Fourth Streets, N. W., which is more particularly described as follows: BEGINNING at a point on the south side of Center Avenue, N. W., S. 690 06' 31" E. 292.87 feet from the southeast corner of Center Avenue, N. W. and Fourth Street, N. W~; thence with the south side of Center Avenue, N. W., S. 690 06' 31" E., 29.23 feet to a point; thence with the westerly'line of the remaining property of William B. Boswell S. 17° 49' W. 102.74 feet to a point on the north side of an alley; thence with the same N. 72© 02' 30" W. 27.61 feet to a point; thence continuing with the northerly side of the alley N. 740 15' W. '1.85 feet to a point; thence with new lines and with a curved line to the left, whose radius is 15.0 feet and whose tangent length is 14.46 feet and whose chord is N. 61o~ 47' E. 20.82 feet, the arc length of 23.01 feet to a point to tangent; thence with the westerly side of a new 15-foot width alley N. 17° 49' E. 74.33 feet to a point of curve; thence with a curved line to the left, whose radius is 15.0 feet and whose tangent length is 14.21 feet and whose chord is N. 250 38' 45" W. 20.63 feet, the arc length of 22.75 feet to the place of BEGINNING, containing 1630 square feet or 0.037 acre more or less, as shuwn in detail on plat prepared by C. B. Malcolm and Son, Engineers, dated March 17, 1966. be, and it hereby is, permanently vacated, discontinued and closed as a public alley and that all right and interest of the public in and to the same be, and it hereby is released insofar as the Council of the City of Roanoke is empowered so to do, reserv: however, unto the City of Roanoke an easement for any sewer.lines or water mains and other public utilities that may now be located across said alley, together with the right of ingress and egress for the maintenance of such lines, mains or utilities. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on said alley on all maps and plats on file in his office on which said alley is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Hustings Court of the City of Roanoke, Virginia, a certified copy of this ordina 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. APPROVE D ATTEST: // Mayo: g, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1970. No. 19149. AN ORDINANCE permitting an encroachment of not more than four (4) inches of a brick or stone facing wall and into the south sidewalk area on Luck Avenue, S. W for a distance of approximately 112.06 feet, said wall to be erected on the front of a building Mcated on Official No. 1012406 and the northerly portion of Official No. 1012405, upon certain terms and conditions. WHEREAS, Claude Harrison, Jr., owner of the property hereinafter described, on which the building of Roanoke Engraving Company is situate, located on the south side of Luck Avenue, S. W., has requested that he be permitted to construct and maintain a new brick or stone facing on the existing front wall of said building so that said new brick or stone facing would extend over but not more than four (4) inches into the south public sidewalk and street area of Luck Avenue, S. W., said new building to be approximately 112.06 feet in length along said street line; and WHEREAS, the City Manager has recommended that the request of said owner be granted as provided for herein, a sketch of the proposed construction having been made and filed in the office of the City Clerk; and WHEREAS, pursuant to the authority vested in local oovernino bodies by § 15.1-376 of the 1950 Code of Virginia, as amended, and as provided in Sec. 4, Chapter 7, Title XV of the Code of the City of Roanoke, 1956, as amended, this Council is agreeable to said owner's proposal and is willing to permit the encroachment hereinafter mentioned over and into not more than four (4) inches of the southerly right-of-way area for the public sidewalk abutting said owner's pro- perty, upon the terms and conditions hereinafter contained. THEREFORE, BE IT ORDAINED by the Council of the Ci~ of .Roanoke that per- mission be, and is hereby granted Claude Harrison, Jr., owner of the lots described as Official Nos. 1012405 and 1012406 on which the buildino occupied by Roanoke Engraving Company at No. 420-424 Luck Avenue, S. W., is located, on the south side of said street, to construct and maintain a new brick or stone facing on the front of said building, approximately 112.06 feet in length along said street, which said new brick, or stone building front may encroach northerly for a depth of not more than four (4) inches and for the full height of said wall over the south right-of-way line and into the public sidewalk area on the south line of Luck Avenue, S. W., abutting the aforesaid lots, as the said wall is indicated on a certain sketch show- ing the location and height of the same, a copy of which sketch is on file in the office of the City Clerk, said new facing wall to be properly and safely constructed and maintained at the expense of the aforesaid owner, his heirs, devisees or assigns, on permit issued therefor by the Building Commissioner and in accordance with the provision of Chapter 7, Title XV, of the Code of the City of Roanoke, 1956, as amend- 262 ed, and such of the City's building regulations and requirements as are applicable thereto and subject, also, to all of the limitations contained in § 15.1-376 of the 1950 Code of Virginia, abovementioned; it to be agreed by said permittee that by maki and maintaining such encroachments, said permittee and his heirs, devisees or assigns agree to indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to persons and property that may arise by reason of the encroachment of said wall over said public sidewalk area. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until such time as a writt'en permit shall have been issued by the City's Building Commissioner to the afores'aid owner, or his duly authorized contractor or representative, and unti'l an attested copy of this ordinance shall have been duly signed, sealed and acknowledged by the said Claude HarriSon, Jr , and shall have been admitted to record, at the cost of said permittee, in the Clerk% Office of the Hustings Court of the Hustings Court of the City of Roaroke. ATTEST: APPROVED EXECUTED and accepted by the undersigned this , 1970: STATE OF VIRGINIA May or day of Claude Harrison, Jr. ( SE AL ) ~ To-wit: CITY OF ROANOKE I, , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that CLAUDE HARRISON, JR., whose name is signed to the foregoin0 writing bearing date the day of has this date personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1970. My commission expires: , 1970 Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1970. No. 19150. AN ORDINANCE authorizing and directing the institution of condemnation proceedings to acquire the property rights, if any, of certain owners, in a railraod siding removed from certain real property in the course of construction of the City's Route 24 Project. WHEREAS, the property owners hereinafter mentioned have made claim to the City for the value of a certain railroad siding removed from the property of said owners in the course of the City's construction of its Route 24 (Elm Avenue, S. E ) Project, the City's representatives understanding at the time of such removal that the same was permitted and approved by said owners; and WHEREAS, the Council having heretofore, by Ordinance No. 18938, authorized a certain offer to be made to said owners in full payment and satisfaction of the damages claimed to have been suffered by reason of the removal of the aforesaid railroad siding, subsequent to which authorization and to the offer of settlement made to said owners, the Council is advised of the unwillingness of said owners to accept the same in settlement of their claim for damages; and WHEREAS, the City is desirous that final settlement of the question be resolved and that the formal right, if any, of said owners in said former railroad siding, which was wanted and needed by the City in connection with its construction of the aforesaid Highway Project, be acquired. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Attorney be, and is hereby authorized and directed to cause condemnati proceedings to be instituted on behalf of the City against Joseph R. Najjum, Elizabeth M. Najjum and The First National Exchange Bank of Virginia, Trustee, or against such persons who may have been the true and lawful owners of that certain former railroad siding located on the west side of Third Street, S. E., in the City, on land describe as Official No. 4021506 on the City's Tax Appraisal Map, and, in such proceeding, have determined the value, if any, of the aforesaid owners in said former railroad siding, and to acquire for the city al-1 such owners' rights in said aiding, funds having heretofore been appropriated by the Council considered sufficient to pay such damage. ATTEST: ~.~ ~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROAN(KE, VIRGINIA, The 27th day of April, 1970. No. 19151. AN ORDINANCE authorizing the City's sale and conveyance of Lot 5, Block 5, Map of Morningside Heights, Official No. 4141805, upon certain terms and con- ditions. WHEREAS, the City is the owner of the land hereinafter described which, being held as surplus property and not needed for public purposes, was the subject of a written offer to purchase made by C. F. Kefauver to the City; and WHEREAS, the Council's Real Estate Committee, to which said offer was referr, has reported to the Council and has recommended that said offer is consistent with the fair market value of said lot and should be accepted and that conveyance of the title to said property to the offeror be authorized and directed on the terms herein- after set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the off~ of C. F. Kefauver to purchase and acquire from the City Lot 5, Block 5, Map of Heights, being Official No. 4141805, for and in consideration of $750.00, cash, upon delivery of the City's deed of conveyance, be, and said offer is hereby ACCEPTED; and the City Clerk shall so notify said offeror by transmittal of an attested copy of this ordinance. BE IT FURTHER ORDAINED that the Mayor be, and he is hereby authorized and empowered, for and on behalf of the City, to execute to the aforesaid purchaser;; or to whomever said purchaser shall direct in writing, .a proper deed of conveyance drawn by the City Attorney conveying to said purchaser the fee simple title to the aforesaid lot, such deed to contain the City's Special Warranty of title, the con- veyance to be made subject to recorded restrictions, conveyances and conditions, any and all existing public utilities or facilities located thereon, and 1970 taxes to be prorated from date of delivery of the City's deed and assessed on said lot in the name of the aforesaid purchaser or purchasers; and that the City Clerk be, and is hereby authorized and directed to affix to the aforesaid deed of conveyance the City's corporate seal and to attest the same, both said officials to thereafter acknowledg, e their signatures as pro~ided by law. BE IT FURTHER ORDAINED that, upon payment to the City of the full sum of $750.00, cash, by or on behalf of the aforesaid purchaser, the City Clerk. be, and is hereby authorized to deliver to said purchaser or his authorized representative the City's deed of conveyance executed as above provided. ATTEST: · City Clerk APPROVED Mayor r side IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1970. No. 19157. AN ORDINANCE authorizing the City's sale and conveyance of Lots 4, 5, 6, and 7, Block 23, Map of Melrose Land Company, Offioial Nos. 2222704, 2222705, 2222706 a 2222707, upon certain terms and provisions. WHEREAS, the City is the owner of the ]ands hereinafter described which, I being held as surplus property and not needed for public purposes, were the subject of a written offer to purchase made by the Community Housing Corporation to the City; and WHEREAS, the Council's Real Estate Committee, to which said offer was referred, has reported to the Council under date of April 13, 1970, and has recommend that said offer is consistent with the fair market value of said lots and should be accepted and that conveyance of the title to said properties to the offeror be authorized and directed on the terms hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of Community Housing Corporation to purchase and acquire from the City Lots 4, 5, 6, and 7, Block 23, Map of Melrose Land Company, bein9 Official Nos. 2222704, 2222705, 2222706, and 2222707, for and in consideration of $3,000.00, cash, upon delivery of the City's deed of conveyance be, and said offer is hereby ACCEPTED; and the C'ity Clerk shall so notify said offereor by transmittal of an attested copy of this ordinance. BE IT FURTHER 0RDZINED that the Mayor be, and he is hereby authorized and empowered, for andon behalf of the City, to execute to the aforesaid purchaser, or to whomever said purchaser shall direct in writing, a proper deed of conveyance drawn by the City Attorney conveying to said purchaser the fee simple title to each afore- said lot, such deed to contain the City's Special Warranty of title, the conveyance to be made subject to recorded restrictions, conveyances and conditions, and 1970 taxes to be prorated from date of delivery of the City'.s deed and assessed on said lots in the name of the afores~ purchaser and purchasers; and that the City Clerk be, and is hereby authorized and directed to affix to the aforesaid deed of conveyanc the City's corporate seal and to attest the same, both said officials to thereafter acknowledge their signatures as provided by law. BE IT FURTHER ORDAINED that, upon payment to the City of the full sum of $3,000.00, cash, by or on behalf of the aforesaid purchaser, the City Clerk be, and is hereby authorized to deliver to said purchaser or his authorized representative the City's deed of conveyance executed as above provided. APPROVED ATTEST: - ~/C-ity Clerk Mayor d IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1970. No. 19158. AN ORDINANCE granting revocable, non-transferable aathority to Sun Oil Company to maintain a certain gasoline pump island on premises located on 2001 Franklin Road, S. W., known as all of Section 15, Map of Colonial Heights, Official No. 1040501 encroaching on a planned major arterial highway right-of-way and over an established building setback line, upon certain terms and co nditions. WHEREAS, Sun Oil Company, occupant of the property or premises hereinafter described, has requested that it be permitted to maintain a certain gasoline pump island on said property whic h will encroach into the right-of-way hertofore planned and approved for Fra~lin Road as a major arterial highway on the City's Major Arterial. Highway Plan adopted February 15, 1965, by Resolution No. 16274, and which said gasoline pump island would be permitted, under certain conditions, to encroach into the 25-foot wide setback area established on the west side of said planned major arterial highway; 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 occupant's proposal and is willing to permit the encroachment over and in said areas upon the terms and condi- tions herein contained. THE[~EFORE, BE IT ORDAINED by the Council of the City of Roanoke that per- mission be and is hereby granted Sun Oil Company, occupant of the premises located at 2001 Franklin Road, S. W., known as all of Section 15, Map of Colonial Heights, Official No. 1040501, to temporarily maintain as an encroachment a certain gasoline pump island located on said property, which said gasoline pump island shall extend not more than 6 feet into the area planned and approved as the right-of-way for a major arterial highway, namely, Franklin Road, and within the 25-foot wide building setback area established for said major arterial highway; all such construction to be maintained with ap[roved and permitted bulling materials and to be properly con- structed and safely maintained at the expense of said occupant, in accordance with such of the City's bullring and other regulations and requirements as are applicable thereto; the maintenance of the aforesaid encroachment to be subject to the limita- tions contained in ~15.1-376 of the 1950 Code of Virginia, abovementioned, and 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 its execution of an attested copy of this ordinance, that said permittee 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 such encroachment; that, upon notice of revocation of the wit bin permit, mailed to said permittee or posted on the aforesaid premises said permittee shall, within sixty (60) days from the date of mailing or posting of such notice, remove all said encroaching gasoline pump island at no cost whatever to the City; and that said permittee agrees 267 that' in the event of condemnation proceedings brought by the City of Roanoke or other public agency to obtain right-of-way necessary for constructing said Maj'or Arterial Highway in accordance with the aforesaid plan, the permittee waives any and all right it may have to claim reimbursement from the City or such other public agency for the cost of said gasoline pump island or its removal. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not be- come fully effective until such time as a written permit shall have been issued by the City's Building Commissioner to the aforesaid occupant or its duly authorized contractor or representative, permitting the aforesaid construction, and until an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by authorized officials of said permittee and shall have been admitted to record, at the expense of said permittee, in the deed books in the Clerk's Office of the Hustings Court of the City of Roanoke. Clerk APPROVED ACCEPTED AND EXECUTED by the undersigned this , 1970: SUN OIL COMPANY day of Mayo] (Seal) Attest: By. IN THE COUNCIL OF THE CITY OF ROAN O~ VIRGINIA, The 27th day of April, 1970~ No. 19160. AN O[{DINANCE to amend and reordain Section =13000, "Schools - Miscellaneous of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =13000, "Schools - Miscellaneous," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS-MISCELLANEOUS =13000 High School Equivalency Program (1) ........... $2,287.50 (1)100% to be reimbursed by the Virginia Employment Commission BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: × // APPROVED 268 IN THE COUNCIL OF THE CITY OF RO'ANOKE, VIRGINIA, The 27th day of April, 1970. No. 19161. A RESOLUTION designating the first day of May of each year as LAW DAY, U. S. A., in the City; and authorizing and requesting the Mayor to issue appropriate proclamation, annually, inviting the observance of such. day or of such other day as is set aside for such observance. WHEREAS, by Presidential proclamations commencing in 1958 and by proclamations of the Mayor of the City of Roanoke commencing in the same year, LAW DAY, U. S. A., has heretofore been observed, annually, in the City and in the Nation, as a special day of celebration by the people in appreciation of their liberties and for reaffirmation of their loyalty to the United States of America; of their rededi- cation to the ideals of equality and justice under law in their relations with each other as well as with other nations; and for the cultivation of that respect for law that is so vital to the democratic way of life; and WHEREAS, by joint resolution of the 85th Congress of the United States of America the first day of May of each year was designated as LAW DAY, U. S.. AA, and the President was authorized and requested to issue proclamation~r annually, calling for observance of such day; and WHEREAS, the Council has been requested by a Committee of the Roanoke Bar AssOciation to formally designate said day for annual observance in the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the first day of May of each year is hereby designated as LAW DAY, U. S. A., in theCity of Roanoke, to be celebrated as a day. upon which to especially remember and reassess with pride the great heritage of liberty, justice and equality under law which our forefathers obtained and bequeathed to us; our moral and civic obligation to pre- serve and strengthen that great heritage;-and our dedication to the principle of guaranteed fundamental rights of individuals under the law. BE IT FURTHER RESOLVED that the Mayor is authorized and requested to issue~ annually, upon request of interested citizens or organizations, a proclamation calli upon public officials in the City to display the flag of the United States on public buildings on such day or on such other day as may be set aside for local observance of such annual occasion, and inviting the people of the City to observe such day with suitable ceremonies and in other appropriate ways, through public bodies and private organizations as well as in schools and other suitable places. ATTEST: / City Clerk APPROVED Mayo: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of ~pril, 1970. No. 19162. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers ~ connection with the application of Margie Smith Etter, to vacate, discontinue and close permanently the northwesterly portion of an alley in the ~ty of Roanoke running generally in a northwest-southeast direction through Section 8 of the East Gate Addition. WHEREAS, an application has been made to t he Council of the City of Roavoke on April 27, 1970 by Margie Smith Etter, to close a portion of an alley after the applicant did on April 16, 1970, and more than ten days before presenting the appli- cation, post notice of her intended application to the Council of the City of Roanoke to close a portion of said alley respectively at the front door of the Municipal Building, 214 Campbell Avenue, Southwest; at the Roanoke City Markethouse at the Campbell Avenue entrance; and at 311 Randolph Street, Southeast, all with in the C~y of Roanoke, Virginia, with the notice and an affidavit of posting it by a Deputy Sergeant of the City of Roanoke, Virginia, attached to the application to close a portion of the alley; and WHEREAS, it appearing to the Council of the City of Roanoke that the application has been made in accordance with Section 15.1-364 of the Code of Virginia of 1950 as amended, thereby requiring appointment of five viewers, any three of whom may act, to view said portion of the alley sought to be permanently vacated, discontinued and closed and report in writing any inconvenimce which may result by discontinuing said portion of the street. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. Edward H. Brewer, William A. Harris, James L. Trinkle, Harold W. Harris, Jr., and Leslie K. Stover, Jr., any three of whom may act, be, and they hereby are, appointed as viewers to view the following described portion of an alley and report in writing whether or not in their opinion, any and if any, what, inconvenience would result from permanently vacating, discontinuing and closing a portion of an alley in the Oty of Roanoke more particularly described as follows: BEING the northwesterly portion of that certain alley, 12 feet in width, running generally in a northwesterly-southeasterly direction throuoh Section 8 of the East Gate Addition to the City of Roanoke, the portion of said alley to be closed begin- nino at a point on the northeast line of Lot 2, Sec. 8., East Gate Addition, 12 feet from the southeast corner thereof, and running in a northwest direction to Templeton Avenue, N. E.; and being that portion of said 12 foot alley abutting the rear of Lot 1, Lots 14, 15, 16 and the northerly 28 feet, Lots 2 and 17 of Sec. 8 of the aforesaid East Gate Addition. A P P R 0 V E D ATTEST: 27O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1970. No. 19163. ' AN ORDINANCE to amend and reordain certain sections of the 1969-70 Appro- priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, and emergency is declared to eXist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 1969-70 Appropriation Ordinance, be, and the same are here amende,.d and reordained to read as follows, in part: PUBLIC WORKS =56 Printing and Office Supplies (1) ...................... $800.00 (1) Net decrease ............. $100.00 STREET REPAIR ~58 Maintenance of Machinery and Equipment (1) ...... -...,-,.$ 76~75 Printing and Office Supplies (2) ...................... $300..00 Food, Medical and Housekeeping Supplies (3) .......... $893:25 (1) Net decrease (2) Net decrease (3) Net decrease PUBLIC WORKS z;56 ........ $123.25 $1oo.oo $106.75 Office Furniture and Equipment (1) ................... $430.00 (1) Net increase .... $430.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / C/ity Cl~k APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1970. No. 19164. AN ORDINANCE to amend and reordain Section ~27, "Juvenile Detention Home," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~27, "Juvenile Detention Home,", of the 1969-70 Appropriation Ordinance, be and the same is hereby, amended and reordained to read as follows, in part: 271 (1) Net decrease ..... (2) Net decrease (3) Net increase-- (4) 100% reimbursed by Commonwealth $ 941. O0 $1,059. oo $ 2,000. O0 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Mayo IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,, 'The 27th day of April, 1970. No. 19165. AN ORDINANCE to amend and reordain Section ~20, '"Municipal Court," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Ramoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =20, "Municipal Court," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended .and reordained to read as follows, in part: MUNICIPAL COURT ~20 Dues, Memberships and Subscriptions (1) .......... $ 200.00 Printing and Office Supplies (2) .................. $2,800.00 (1) Net decrease .......... 9300.00 (2) Net increase .... $300.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: -- _/..// / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1970. No. 19166. AN ORDINANCE CONCURRING in the award of a contract by the Department of Highways for the improvement of a portion of Route 220 (Franklin Road, S. W.), in the City; providing for the execution of an agreement with the Virginia Department of Highways relative to the maintenance of Highway Project 0220-128-102, C-501, (Route 220-Franklin Road, S. W.), and signifying the City's intent to pmrticipate in the payment of a certain portion of the costs of said project; and providing for an emergency. 272 WHEREAS, pursuant to the City's request therefor, the Department of High- ways has formulated plans and received a contractor's bid of the sum of $761,458.91 for certain improvements to a portion of Route 220 (Franklin Road, S. W.), extending southerly from 0.056 mile south of McClanahan Street, s. w., to 0.109 mile north of the City's south corporate limits, the total cost of which project, including costs of right-of-way acquisition and other related items, is estimated to amount to the total sum of $1,005,404.00, and of which total cost the City has offered to pay cert portions as hereinafter set out; and WHEREAS, this Council has heretofore, by Resolution No. 19118, recommended to said Department of Highways acceptance of the contractor's bid of $761,458.91, aforesaid; and WHEREAS, said Department of Highways has requested that the City enter into agreement with said Department agreeing upon the maintenance, signing and regulation of parking on said highway and agreeing upon the various proportions of the total cost of the highway construction which the City shall pay; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance may take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth concur in the awa~ of a contract by the Commonwealth of Virginia, Departme of Highways, to Branch and Associates, Inc., for the construction of ~he public improvements shown on the plans for the U. S. Route 220 (Franklin Road, S. W.) Projec 0220-128-102,C-501, said contra~t to be for the sum of $761,458.91, of which the City's proportionate share will be fifteen (15) per cent. BE IT FURTHER OR[~INED that Julian F. Hirst, 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 Virginia Department of Highways an agreement relating to the maintenance, signing and regulati on of parking on the aforesaid highway under provisions of the Federal Highw.ay Act, and containing the City's agreement to partici- pate in payment of the actual cost of said improvements as herein set out, the agree- ment to be in the following words and figures, to-wit: "AGREEMENT BY MUNICIPALITY OR POLITICAL SUBDIVISION TO MAINTAIN HIGHWAYS IMPROVEO UNDER THE CODE OF .VIRGINIA AND THE POLICIES OF THE HIGHWAY COMMISSION The City of Roanoke, State of Virginia., hereinafter referred to as Roanoke, and the Virginia Department of Highways, hereinafter referred to as the Highway De- partment, hereby agree as follows: !. That the Highway Department ~ill prosecute a project for the improve- ment of 1.0-93 mile of Route 220 within Roanoke from 0.056 mile south of McClanahan Street to 0.109 mile north of S.C.L. of Roanoke, Station 18+00, to Station 75+67.0, known as Franklin Road, and designated as Route 220, Project 0220-128-102, PE-101, RW-2Q1, C-501. 2. Roanoke hereby approves the plans as designed and requests the Highway Department to prosecute the aforementioned project with recommendation that it be approved and agrees that if such project is approved and constructed by the Highway Departne nt, it, thereafter, at its own cost and expenses, will maintain the pro~j~ct 273 or have it maintained, in a manner satisfactory to the Highway Department or its autha4zed representatives, and will make ample provision each year for such mainte- nance. 3. Roanoke hereby agrees that the location, form and character of infor- mational, regulatory, warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority or other agency, shall be sub- ject to the approval of the Highway Department. 4. Parking will be p~hibited at all times on both sides of this project as above described. 5. At places where parking is prohibited, the appropriate NO PARKING sign 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. 6. Roanoke agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number or width of traffic lanes, additional median crossovers, enlargement of existing median crossovers, or alterations of channelization islands, without the prior approval of the Highway Department. 7. Roanoke agrees to participate in the acutal cost of this project in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applied to actual costs. ROANOKE'S SHARE Item Estimated Cost Amount Road Construction Field Office Planting, Signs ~ Pavement Marking Preliminary Engineering Rights of way Totals $ 833,754. O0 15 $125,063.10 3,500.00 15 525. O0 8,550. O0 15 1,410, 60 24,600. O0 25 6,150. O0 135,000, O0 25 33,750, 00. $1,005,404. O0 $166,898.70 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of R~a noke, on the day of , 1970, and the Highway Department, on the day of , 1970. CITY OF ROANOKE (Municipality or political subdivision) By. ATTEST: City Manager City Clerk COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HIGHWAYS (Official title of Highway Department) By " Deputy Commissioner BE IT FURTHER ORDAINED that seven (7) attested copies of this ordinance and of the aforesaid agreementl duly executed, be transmitted to officials of the Department of Highways as evidence of this Council's concurrence and statement of agreement; and BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: ........ ,., , /7/ / I / City Clerk Mayor 274 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1970. No. 19167. A RESOLUTION requesting the State Highway Commissioner to acquire the necess rS rights-of-way for Project U000-128-102, RW-201, being 13th Street and Bennington Street, S. E. (Route 115-116), from Dale Avenue, S. E., to Riverdale Road, within the corporate limits of the City; and guaranteeing to reimburse the' State Highway Department for fifteen per cent (15~) of all costs incurred in such acquisition. WHEREAS, Section 33-57 of the Code of Virginia, as amended by the .1966 session of the General Assembly, authorized th, e State Highway Commissioner to acqu' rights-of-way for the construction, alteration, maintenance, and repair of public highways within municipalities on projects .which are constructed with Stat.e or Federal participation; and WHEREAS, Section 33-57, as amended, further provides that the State Hi Commissioner may exercise such authority only upon receipt of official request from the city or tarn involved. THEREFORE, BE IT RESOLVED by, the Council of the City of Roanoke that said Council hereby requests the State Highway Commissioner, to acquire the necessary rights of-way for 'Project U000-128-102, RW-201, w'ithi'n the corporate limits of the City, a to convey the title to such right-of-way to the City of Roanoke upon completion of t project; and that said City guarantees to reimburse the State Highway Department for fifteen per cent (15%) of all costs incurred in the acquisition of such rights-of-wa it being understood that such acquisitions will be handled by the Commissioner under established policies and procedures and his decision in all instances shall be final BE IT FURTHER [~ESOLVED that the City Manager be, and is hereby directed to transmit attested copies hereof to the State Highway Department through official channels of said Department. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1970. No. 19168. A RESOLUTION requesting the State Highway Commissioner to acquire the necessary rights-of-way for Project 0024-128-103, RW-201, being Route 24 from llth Street, S. E., to 19th Street, S. E., within the corporate limits of the City; and guaranteeing to reimburse the State Highway Department for fifteen per cent (15%) of all costs incurred in such acquisition. 275 WHEREAS, Section 33-57 of the Code of Virginia, as amended by the 1966 ses sion of the General Assembly, authorized' the State Highway Commissioner to acquire rights-of-way for the construction, alteration, maintenance and repair of public highways within municipalities on projects which are constructed with State or Federal participation; and WHEREAS, Section 33-57, as amended, further provides that the State Highwa Commissioner may exercise such authority only upon receipt of official request from the city or town involved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council hereby requests the State Highway Commissioner to acquire the necessary rights-of-way for Project 0024-128-103, RW-201, within the corporate limits of the City, and to convey the title to such right-of-way to the City of Roanoke upon completion of the project; and said City guarantees to reimburse the State Highway Department for fifteen per cent (15%) of all costs incurred in the acquisition of such rights-of-way, it being understood that such acquisitions will be handled by the Commissioner under established policies and procedures and his decision in all instances shall be final. BE IT FURTHER RESOLVED that the City Manager be, and is hereby directed to transmit attest'ed copies hereof to the State Highway Department through 0fficial channels of said Department. ATTEST: , / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1970. No. 19171. AN ORDINANCE to amend and reordain Section =57000, "Schools - Project Second Step," of the 1969-70 Appropriation Ordinance, and providing for an emergency WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =57000, "Schools - Project Second Step," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - PROJECT SECOND STEP ~57000 Projects Second Step and Act (1) (2) .......... $446,592.00 (1) Net increase .... $8,000.00 (2) 100% reimbursed by State Board of Education BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. 276 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1970. No. 19172. AN ORDINANCE to amend and reordain certain sections of the 1969-70 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 the following sections of the 1969-70 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: SCHOOLS - FIXED CHARGES =8000 Retirement System Contributions (1) .......... $76~,829.20 SCHOOLS - ADMINISTRATION =1000 Contracted Services, Payroll and Personnel (2) ............................ $11,550.00 ,(1) Net decrease ....... (2) Net increase ..... SCHOOLS - FIXED CHARGES ~8000 $6,050.00 ~6,050.00 Retirement System Contributions (1) .......... $76,829.20 SCHOOLS - INSTRUCTION =2000 Data Processing - Pupil Records (2) .......... $ 8,050.00 (1) Net decrease $1,000.00 (2) Net increase ..... $1,000.00 SCHOOLS - IMPROVEMENTS AND BETTERMENTS =12000 Instructional Equipment (1) .................. $144,957.36 SCHOOLS - MAINTENANCE OF PLANT AND EQUIPMENT ~7000 Replacement of Classroom Furniture (2) ....... $ 15,203~64 (1) Net decrease ....... $6,131.64 (2) Net increase-- $6,131.64 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1970. No. 19173. "Ci AN ORDINANCE to amend and reordain Section =52, vil Defense," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the Citv of Rn~nnk~_ 2n ~rn~rr~n~.v i~ rl~l~tt *n ~v~+ 277 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =52, "Civil Defense," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ~IVIL DEFENSE =52 Operating Supplies and Materials (1) ............ $19,928.00 (1) Net increase--- $5,000. O0 BE IT FURTHER OFd]AINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: / fCity Clerk Mayo IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1970. No. 19174. AN ORDINANCE to amend and reordain Section =64, "Maintenance of City Pro- perty,'' of the. 1969-70 Appropriation Ordinance,, and providing for an emergency. WHEREAS, f~r the usual daily operation of the Municipal Government of the City .of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =64, "Maintenance of City Property," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: . MAINTENANCE OF' CITY PROPERTY ~64 Maintenance of Buildings & Property (1).. ........ $204,778.31 (1) Net increase-. $1,720.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1970. No. 19175. A RESOLUTION accepting a Grant Offer made to the City of Roanoke by the United States of America, acting through the Federal Aviation Agency, for Roanoke Municipal Airport Project No. 9-44-012-7019; authorizing the City Manager to execute said Grant Agreement as evidence of the City's acceptance thereof; authorizing the 278 City Clerk to affix the City's seal and to attest the same; and authorizing the City Attorney to execute the requisite Certificates. WHEREAS, the Federal Aviation Agency, acting for the United States of America, has approved a Project and tendered to the City of Roanoke a Grant Offer und which the United. States offers t.o pay 50 per centum (50%) of the allowable costs of a project for development of the City's Roanoke Municipal, Airport as hereinafter set out, subjec.t to the terms and conditions, inclu.ding special conditions, embodied in the Grant Agreement hereinafter referred to and incorporated herein by reference; a WHEREAS, the offer made by the United States is agreeable to the City and must be accepted in the manner provided in the terms thereof and in accordance: with the regulations incorporated therein by reference. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That said city of Roanoke does ratify and adopt the Project Applicatio of the City dated March 31, 1970~.. made to the United States of America, Federal Aviation Administration, and incorporated into the Grant Agreement next hereinafter referred to and, further, does hereby ACCEPT that certain Grant Offer made to the Ci' by the United States of America, acting through the Feds-al Aviation Agency, for the purpose of obtaining Federal. aid in the development of Roanoke Municipal Airport as set forth in a certain Grant Agreement,, bearing date of 23 April, 1970, for' Project No. 9-44-012-7019, Contract No. FA-EA-998, for a grant of Federal funds to the City of Roanoke for a Project for devekpment of the City's Roanoke Municipal Airport, consisting of extending marking and lighting (MIL) R/W 5-23 476 feet to the west; constructing, marking and lighting paralle.1 T/W (762 feet by 75 feet); and relocatinc Route 626, equal to 50 per centum (50%) of the allowable costs of said Project, th~ maximum obligation of the United States payable under said Grant Offer to be $180,00( the aforesaid Grant Agreement, a copy of which is on file in the office of the City Clerk, being hereby incorporated into this resolution by reference and an unsigned copy thereof being attac.hed hereto and made a p, art hereof, as fully as if set out in extenso; 2. That the City of Roanoke shall enter into a Grant Agreement with the United States for the purpose of obtaining Federal aid in the development of t.he City's Roanoke Municipal Airport by executing the Acceptance of the Grant Offer set out as Part II of the Grant Agreement referred to in this resolution and incorporated h~ein by reference; and 3. That Julian F. Hi,st, City Manager, be, and he is hereby authorized and directed to execute on behalf of the City the aforesaid Grant Agreement in the manner provided, as evidence of the City's acceptance thereof; that Virginia L. Shaw, City Cler~ be, and she is hereby authorized and directed to affix to said Grant Agreement the City's seal and to attest the same; and that the City Attorney, be, and he is here authorized, thereafter, to execute the requisite Certificate incorporated into said Grant Agreement. ATTEST: /' , ~ APPROVED ~r 00, 279 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of ~lay, 1970. No. 19176. A RESOLUTION consenting to the construction of a 24-foot wide pavement for an industrial access from 9th Street, S. E., to a new headquarters plant and facility located in the Roanoke Industrial Center complex. WHEREAS, by Resolution No. 19060 the Council requested the Highway Commission of Virginia to provide, pursuant to the provisions of ~ 33-136.1 of the 1950 Code of Virginia, as amended, an industrial access in the Roanoke Industrial Center complex from 9th Street, S. E., to the proposed new headquarters site of the Davis H. Elliot Company, Incorporated, the City offering to provide, or cause to be provided, for the purpose adequate rights-of-way and the adjustment of existing utilities affected by the project and, further, to assume proper maintenance of said new street after its construction; and WHEREAS, the City Manager has reported to the Council that, under the provi- sions of the afor~aid statute or of regulations adopted pursuant thereto, the Common- wealth will participate in such project to the extent of a 24-foot wide road pavement only, and that the additional cost of a 30-foot wide pavement for said access road is estimated to amount to 910,831.00; and has further advised the Council that the 24- foot wide paved access road would not qualify for State Highww maintenance allocatio subsequent to i, ts construction; and WHEREAS, the Council, considering all of the same, is agreeable to the con- struction of a 24-foot wide pavement on said access road and to maintain said new road or street at local expense subsequent to its construction. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the St Highway Commission be, and is hereby advised and informed that said City is agreeab to the construction of a 24-foot wide pa.ved industrial access road or street, within a 60-foot wide right-of-way offered to be provided to the City there~r, in the Roanoke Industrial Center complex east of 9th Street, S. E., to a new headquarters site of the Davis H. Elliot Company, Incorporated; and that the City will, subsequent to the construction of said new street, maintain the same at the expense of the City. BE IT FURTHER RESOLED that the City Manager transmit attested copies of this resolution to the Chairman of the Highway Commission of Virqinia throu9h re9ular channels establi.shed for the purpose. APPROVED ATTEST: ' City Clerk ~ayor S 280 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1970. No. 19177. AN ORDINANCE authorizing and providing for the City's acceptance of a dona- tion by Roanoke Valley Development Corporation, and others, of 12.80 acres of land, adjoining Mill Mountain Park, offered to 'be dona'ted and ~onveyed to the City ~Sr publi municipal purposes; and providing for an emergency. WHEREAS, [~oanoke Valley Development Corporation, and other~, have generousl offered to donate and convey to the City of Roanoke a 12,80 ac're tract of land adja- cent to Mill Mountain Park and abutting the south line of Riverland Road, S. E., the City wanting and needing such land for public municipal purposes; 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 passa! THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be and they are hereby authorized and directed to accept on behalf of said Ci'ty, a deed donating to the City the fee simple titl'e to that certai 12.80 acre t'ract of land located adjacent to the southerly line of Riverland Road, S. E., adjacent to Mill Mountain Park in the City of oanoke, bounded and described as follows: BEGINNING at a point on the south side of Riverl'and Road, S. E., (State Route 116) opposite station 13+00 according to Project 1256 M-l, AR-1 State Highway Plans, said beginning point being shown as "A" on Plan No. 5144 hereinafter mentioned; thence, from said beginning point and along and with the present south right- of way line of said Riverland Road, S. E., (now 60 feet wide), and in a southeastern direction 2,000.0 feet, more or less to a point at "B" on the south side of said road opposite station 33+34.+ according to aforesaid Highway Plans, and corner to a 1(1.85 acre tract of land conveyed to the City of Roanoke by Blue Ridge Memorial Gardens, Inc., et al, by deed dated September 26, 1967, recorded in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia, in Deed Book 1226, page 23; thence, with the north line of the aforesaid 101.85 acre tract of land owned by the City of Roanoke, N. 69o 08' W., 1327.14 feet, mo{e .or less, to a point at "C" in an old private woods road and on the northeasterly line of a 198.8 acre tract of land acquired by the City of Roanoke by deed dated September 26, 1967, from Mill Mountain Estates Corp., et gl, recorded in the aforesaid Clerk's Office in Deed Book 1226, page 16; thence,, along the. northeast line of said 198.8 acre tract and following said old road, N. 14o 19' W., 215.5 feet to a point at "D"; and, thence, still following said woods road and property line, N. 42e 10' W., 564.5 feet, more Or les. s, to a point at "EL' at the northernmost corner of said 198.8 acre tract; thence, leaving said old road but continuing with th'e line of other land owned by the City of Roanoke N. 490 44' E., 149.04 feet,' more or less, to the point at "A" on the south line of Riverland Road, at the place of BEGINNING, and containing 12.8 acres, more or less, as the same is shown on Plan No. 5144, dated November 27, 1968, prepared by and on file in the Office of the City Engineer' Roanoke, Virginia, a copy of which said plan is annexed hereto and made a part of this deed; and further being all of the land owned by the parties of the .first part lying on the south side of Riverland Road, S. E., in the City of Romoke, Virginia; and BEING a southerly portion of the land described as Parcel 4 in that certain deed dated July 28, 1961, from American Viscose Corporation to Morton Honeyman, et al, Trustees, recorded in Deed Book 1100, page 396 in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia, the m~ap of Parcel 4, aforesaid, b~ng spread of record on Page 404 in said Deed Book, 281 such deed to be upon form approved by the City Attorney, and which deed may contort provision for an agreed evaluation of the land therein conveyed of $15,500.00; and such conveyance may be made subject to conditions; restrictions and easements of record affecting the title thereto. BE IT FURTHER 'ORDAINED that this Council does hereby express to the offici s of Roanoke Valley Development Corporation, and others, the Council's gratitude, and that of the citizens of the City, for the gift to the City of the above described tract of land; and the City Clerk is directed to forthwith transmit an attested copy of this ordinance to the donors of said land. BE IT F'INALL¥ ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: / City Clerk Mayor IS THE COIJNCIL OF THE CITYH OF ROANOKE, VIRGINIA, The 4th day of l~lay, 1970. No. 1917go A RESOLUTION authorizing the borrowing of not in excess of $10,000,00.00 and the issu'ance of bond anticipation notes of the City of Roanoke therefor pending the issuance and sale of certain bonds heretofore legally authorized but not issued or sold; and fixing the form, terms and maximum rate of interest for said notes; WHEREAS, by Ordinance No. 17413, adopted March 13, 1967, by the Council of the City of Roanoke, ¥irginia, the City of Roamke was authorized to issue $16,900,000. )0 General Obligation Bonds of the City of Roanoke for the purpose of providing funds to defray the cost ot the City ofneeded public improve~efits,,to-wit; additions, better- ments, extensions and improvements of and to its municipal airport, its public buildi CS, including its municipal building, fire stations, refuse disposal facilities and servi e ce.ret, its public streets, highways and bridges, its system of storm sewers and storm drains, its public schools, and for projects authorized pursuant to Article 7, Chapter 1, Title 36 of the 1950 Code of Virginia, as amended; and WHEREAS, at an election duly called, held and conducted in the City amongst the qualified voters of the City on May 2, 1967, a majority of the qualified voters of the City voting on the question at the election approved by affirmative vote the issuance of the $16,900,000.00 bonds provided for in Ordinance No. 17413, aforesaid; and WHEREAS, the bonds authorized by the aforesaid ordinance have not been issue or sold; and 282 WHEREAS, it is necessary to borrow, pending the issuance and sale of such bonds, money necessary to meet the City's obligations in connection with the purpose; for which the said bonds were authorized; and WHEREAS, the Council is advised and has determined that the City should borrow money not in excess of $10,000,000.00 in anticipation of the issuance of the $16,900,000.00 bonds provided for by Ordinance No. 17413, aforesaid-, for the purpose~ for which such bonds have been authorized and within the maximum authorized amount of said authorized bond issue; and that negotiable notes of the City of Roanoke should be.issued for the money or moneys so borrowed in anticipation o£ the issuance of the aforesaid bonds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that., as authorized by Sec. 49 of the Roanoke Charter of 1952, as amended, and'pend- ing the Ci{y's sale and issuance of the $16,900,000.00 bonds authorized by Ordinance No. 17413 of the Council of the City of Roanoke adopted March 13, 1967, 'the City Auditor be, and he is hereby authorized and empowered to negotiate and arrange to borvow_ in the name of and for the use of the City of Roanoke money in anticipation of said City's sale and issuance of the $16,900,000.00 General Obligation Bonds of the City authorized by Ordinance No. 17413, aforesaid, and for the purpose for which such bonds have been authorized, the total amount of all such borrowing or borrowing so made in anticipation of the issuance of the aforesaid bonds, outstanding at any one time, not to exceed the aggregate sum of'$10,O00,O00.O0; and to use the proceeds of such loan or loans for the purposes for which the aforesaid bonds have been here- tofore authorized. BE IT FURTHER RESOLVED that the money or moneys borrowed in the name and for the use of the City pursuant to the authorization herein contained shall be evidenced by General Obligation Bond anticipation negotiable note or notes of the City bearing interest from the date of each such loan at a negotiated rate of interest not greater than six per cent (6%), per annum, payable at the maturity date of each such note, which said interest shall be payable from the General Fund of the City, each such note to be dated as of the date of delivery to the City of the pay- ment therefor and to become due as to principal and interest at such time after date as the said City Auditor shall determine, not to exceed, however, one year after the respective dates of such notes, each such note to be in such principal amount as is negotiated by the City Auditor with the purchaser thereof, and each such note to be executed by and on behalf of 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), the notes evidencing each of the borrowings that may be mad pursuant to the authorization herein contained to be payable in Federal funds to the Bearer of said note at such place or places within or without the State of Virginia a. may be determined, by the City Auditor, and each said note shall be signed for iden- tification purposes, only, by the City Auditor; and the aforesaid City Auditor is 283 further authorized and directed to pay all such notes and the interest thereon on the date that the same become due with money drawn from the General Fund of the City of Roanoke. BE IT FURTHER RESOLVED that the full faith and credit of the City of Roanoke Shall be, and hereby are pledged to the payment of the principal and interest of each and every note made and issued pursuant to the provisions hereof; and BE IT FINALLY RESOLVED, the City Attorney having certified to the Council his approval thereof as to form and correctness, by a separate writing to be filed and preserved with the records of the Council, that the note or notes made and issued for and on behalf of the City of Roanoke pursuant to the provisions of this resolu- tio~ be in substantially the following form: UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE BOND ANTICIPATION NOTE THE CITY OF ROANOKE, a municipal corporation of the Commonwealth of Vir- ginia, for value received, hereby acknowledges itself indebted and hereby promises to pay to the BEARER of this note the principal sum of on , 1970, together wit. h inter, est thereon from the date hereof until payment of said principal sum, at the rate of per centum per annum, payable at maturity of this note. Both principal of and interest on this note shall be paid, at maturity, at the principal office of .... in Federal funds, upon presentment and surrender of this note. This note is issued pursuant to the authority contained in Section 47 of the Roanoke Charter of 1952, (Chapter 216 of the 1952 Acts of Assembly of Virginia), as amended, and in a certain resolution duly adopted by the Council of the City of Roanoke, as Resolution No. , on , and is for money this day borrowed in anticipation of the issuance of bonds authorized by Ordinance No. 17413 of the Council of the City of Roanoke, adopted March .~, 1967, approved by the qualified voters of the City of Roanoke as provided by Section 47 of the Charter of the City of Roanoke, aforesaid. It is hereby certifi, ed and recited that all conditions, acts and things required by the Constitution or Statues of the Commonwealth of Virginia, or by the aforesaid City Charter, to exist, be performed to happen precedent to or in the issuance of this note, exist, have been performed and have happened, and that the amount of this note, together with all other indebtedness of said City of Roanoke, does not exceed any limit prescri.bed by the Constitution or Statutes of said Common- wealth, or by said City Charter. For the punctual payment of the principal of and interest on this note the full faith and credit of said City of Roanoke are hereby pledged. 284 IN WITNESS WHEREOF, the City of Roanoke has caused this note and obliga- tion to be executed on its behalf by its Mayor, to be signed for identification pur- poses,by its City Auditor and to be dated this the day of 1970: Signed for Identification Purposes only: CITY OF ROANOKE By: Mayor City Auditor h P P R 0 V E D ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1970. No. 19179. AN ORDINANCE accepting a proposal for furnishin9 and delivering a new fork- lift truck for use in the Roanoke Civic Center, upon certain terms and conditions by accepting a certain bid made to the City therefor; rejecting other bids made to the City; and providing for an emergency. WHEREAS, at a meeting of the Council held on April 20, 1970, and after due and proper public advertisement had been made therefor, certain bids for the supply of the equipment hereinafter described were opened and read before the Council, whereupon all said bids were referred to a committee appointed by the Council to tabulate and study said bids and to make report and recommendation thereon to the Council; and WHEREAS, said committee has reported to the Council in writing its tabula- tion and recommendations on said bids, from which it appears to the Council that the proposal hereinafter accepted represents not the lowest but the best bid meeting all of the specifications made therefor made to the City for the supply of the vehicle hereinafter described and should be accepted; and that the other said bids should be rejected; funds sufficient to pay the cost of said work have been or are being appropriated by the Council for the purpose; and WHEREAS, 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. 285 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Haight Engineering Company, Roanoke Virginia, made to the City, offering to furnish and deliver to the Roanoke Civic Center, one new fork-lift truck, Yale Model GB2P-025, gasoline powered, having a minimum capacity of 2500 pounds, and pneumatic tires, all fully meeting all of said City's specifications and requirements made therefor, for a total price of $5,800.00, cash, be, and 'said bid is hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and directed to issue the requisite purchase order therefor, 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 acceptance by the City of the aforesaid vehicle, 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. 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 bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1970. No. 19180. A RESOLUTION authorizin9 the City Manager to cause a portion of Campbell Avenue, S. W., to be closed to traffic on Sunday, June 14, 1970, in order that a sports car event may be conducted thereon by Old Dominion Sports Car Club, under the auspices of Downtown Roanoke, Inc. WHEREAS, the City Manager has reported that Old Dominion Sports Car Club, through Downtown Roanoke, Inc., has requested that Campbell Avenue, S. W., from Jef- ferson Street to 2nd Street, S. W., be closed to traffic during the main portion of daylight hours on Sunday, June 14, 1970, for the purpose of conducting a sports car event, in which request the City Manager has concurred, stating that a minimum of traffic interference is anticipated to occur. 286 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized to cause Campbell Avenue, S. W., from Jefferson Street to 2nd Street, S. W., to be closed to all other than pedestrian traffic during the major portion of daylight hours on Sunday, June 14, 1970, in or, that the Old Dominion Sports Car Club, under the auspices of Downtown Roanoke, Inc. conduct thereon a sports car event demonstrating driving skills, but no speed or racing events, on said street; provided, however, that before ordering the closing of said street and authorizing the abovedescribed use thereof the City Manager shall require that evidence of adequate public liability.insurance insuring the risks of said event be filed in the Office of the City Clerk and that written agreement on the part of the sponsors of said event offering to indemnify, defend and save the City harmless from any claim or damage in any manner arising from the aforesaid use of said street be likewise filed in said Clerk's Office. ATTEST: City clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1970. No. 19169. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956~ as amended, and Sheet No. 266, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that certain lot or parcel of land lying on the northerly side of Melrose Ave- nue, N. W., in the City of Roanoke, Virginia, bearing Official Tax No. 2660109, des- cribed as a portion of Lot 4, Van DeVyver Land Map, fronting Melrose Avenue approxi- mately 200 feet, and extending back a depth of 460 feet from said Melrose Avenue coinciding with the existing contiguous bowling alley commercial zoning lot.line to provide for a uniform commercial depth, rezoned from C-l, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from C-l, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section ?1, 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 4th day of May, 1970, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given a.n opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 266 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the northerly side of Melrose Avenue, N. W., in the City of Roanoke, Virginia, bearing Official Tax No. 2660109, described as a portion of Lot 4, Van DeVyver Land Map, fronting Melrose Avenue approximately 200 feet, and extending back a depth of 460 feet from said Melrose Avenue coinciding with the exis lng contiguous bowling alley commercial zoning lot line to provide for a uniform commercial depth, designated on Sheet 266 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 2660109, be, and is hereby, changed from C-l, Office and Institutional District, to C-2, General Commercial District, and that Sheet No. 266 of the aforesaid map be changed in this respect. A.P P R 0 V E D ATTEST: ~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1970. No. 19170. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 307, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke t have eight lots lying on the south side of Thurston Avenue and more particularly des- cribed as beino lots 27-34 inclusive, Block B, of the Williamson Grove Subdivision, and further described as being Official Tax Nos. 3070250 thru 3070253 inclusive and finally described according to Roanoke City Street Nos. as being the properties from 113 Thurston Avenue through 125 Thurston Avenue inclusive, rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and 287 288 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 4th day of May, 1970, at 2 p.m., before the Council of the City of Roanoke, at which hearin9 all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 307 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the south side of Thurston Avenue in accordance with Roanoke City Street Nos. 113-125 inclusive and described as lots 27-34 inclusive, Block B of the Williamson Grove Subdivision, designated on Sheet 307 of the Sectiona 1966 Zone Map, City of Roanoke, as Official Tax Nos. 3070250 thru 3070253 inclusive, be, and is hereby, changed from RD, Duplex Residential District, to C-2, General Commercial District, and that Sheet No. 307 of the aforesaid map be changed in this respect. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1970. No. 19181 . AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improvement Fund," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 Improvement Fund," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 289 TRANSFERS TO CAPITAL IMPROVEMENT FUND CIP-27 Lick Run Storm Drain Improvements (1) ... $2,64B,509.03 (1) Net increase ....... $46,354.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1970. No. 19182. AN ORDINANCE to amend and reordain Section g17-A, "Circuit Court," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 =17-A, "Circuit Court," of the 1969-70 Appropriation Ordinance, be, and the sam is hereby, amended and reordained to read as follows, in part: CIRCUIT COURT ~17-A Personal Services (1) (2) ...................... $4,493.83 (1) Net increase $1,256.98 (2) Share of the City of Roanoke for Judge Thomas S. Fox for the period beginning April 17, 1970, until June 30, 1970. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1970. No. '19183. AN ORDINANCE accepting the proposal of Brock G Davis Company, Incorporated for the construction of the Boxley Hills Pumping Station (Contract M); authorizing 290 the proper City officials to execute the requisite contract; reject.ing a certain other bid made to the City; and providing for an emergency. WHEREAS, at the. meeting of Council held on May 4, 1970, and after due and proper advertisement had been made therefor, two bids for furnishing all tools, machines, labor and materials for the construction of the Boxley Hills Pumping Sta- tion (Contract M) were opened and read before the Council whereupon both 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 tabula- tion and recommendation on said bids, from which it appears to the Council that the proposal of Brock 5 Davis Company, Incorporated, represents the lowest and best bid made to the City for the performance of said work, and should be accepted; and that said other bid should be rejected; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows (1) That the proposal of Brock & Davis Company, Incorporated, for the construction of the Boxley Hills Pumping Station (Contract M), as described in the City's plans and specifications and in said bidder's proposal for a lump sum of $148,000.00, cash, upo. n satisfactory completion of said work, be and said proposal is hereby ACCEPTED: (2) That the City Manager and the City Clerk be and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with the 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 com- pleted, to be paid out of funds heretofore appropriated by the Council for the pur- pose; and (3) That the other bid made to the City for performing said work be REJECTED, the City Clerk to so notify said other bidder and to express the City's appreciation of said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. AP'PR 0 Y E D ATTEST: /City Clerk Mayor 291 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth.day of May, 1970. No. 19184. A RESOLUTION expressing the City's appreciation and gratitude for the recent donation to the City of a tract of land adjacent to Mill Mountain Park. WHEREAS, the beneficiaries under a certain trust agreement have generously donated to the City for public municipal purposes a tract of land containing approxi mutely 12.80 acres, which said land lies on the southerly side of Riverland Road, S. E., adjacent to the present boundaries of Mill Mounta in Park and have caused a deed of conveyance of such l~nd to be executed by the Trustees under s~id ~oreement and delivered to the Mayor; ~,d WHEREAS, this Council ~ishes to reco~nize ~nd thank those persons responsi- ble for this most ~elcome oift to the City. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that this Council expresses to Roanoke Valley Development Corporation, Industrial Development and Investment Company, Jack Rader, Edmund Morris, R. H. Richardson, Marcus Kaplan, Arthur Taubman, James L. Trinkle, Edmund P. Good, in, John W. Hancock, Jr., Herbert Kurshan, Ben F. Parrott, Keith Willis' estate, Gordon C. Willis, W. Bolling Izard, Donald Jordan and Abney Boxley the sincere appreciation and oratitude of this Council for the oenerous gift of land made to the City, and does assure the City's donors that such land so 0iven will be used for the benefit of the citizens of the City. BE IT FURTHER RESOLVED that the City Clerk transmit to each of the above named donors an attested cop~~ of the resolution. APPROVED ATTEST: /C~2 CZe~ ~a2o~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of May, 1970. No. 19186. AN ORDINANCE to amend and reordain Section~ =60000, "Schools - Project Focu of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Secti =60000, "Schools - Project Focus," of the 19.69-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - PROJECT FOCUS =60000 $117,468.00 292 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN .THE COUNCIL OF THE f;ITY OF ROANOKE, VIRGINIA, The 18th day of May, 1970. No. 19187. AN ORDINANCE to amend and reordain Section =13000, t'Schools - Miscellaneou of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the 'Municipal Government of'the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City. of Roanoke that Section' =13000, "Schools -Miscellaneous," of the 1969-70 Appropziation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - MISCELLANEOUS ~13000 Supervision of Student Teachers (1) ............... 95,400.00 (1) Net increase 92,760.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayo IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of May, 1970. No. 19188. AN ORDINANCE to amend and reordain Section =26, "Jail," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Secti =26, "Jail," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 293 JAIL =26 Food Supplies (1) ................................... $38,000.00 Medical and Housekeeping Supplies (2) ............... $ 7,500.00 (1) Net increase-. $2,000.00 (2) Net increase ................... $1,500.00 BE IT FURTHER ORDAINE~ that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED TTEST: /City Clerk Mayor IN THE COUNCIL OF' THE CITY OF ROANOKE, VIRGINIA, The 18th day of May. 1970. No.' 19189. ,! "Snow and Ice Removal, AN ORDINANCE to amend and reordain Section =62, "Garage " and Section =71, , of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared t'o exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that " " of the 1969-70 Section =62, "Snow and Ice Removal, and Section ~71, "Garage, Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SNOW AND ICE REMOVAL =62 Rentals (1) ...................................... $5,700.00 GARAGE =7 1 Motor Fuel and Lubricants (2) .................... 92,400.00 (1) Net decrease .... $800.00 (2) Net increase ...... ~800.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED May IN THE COUNCIL OF' THE CITY OF' ROAN'OKE, VIRGINIA, The 18th day of May, 1970. No. 19191. 294 A RESOLUTION approving the location and design of certain improvements to 10th Street, in the'City,'proposed as State Highway Project U000-128-101, PE-101, RW-201, C-501. WHEREAS, a public hearing was conducted on May 6, 1970, in the City by a representative of the Commonwealth of Virginia, Department of Highways, after due proper notice, for the purpose of considering the proposed location and design of lOth Street, in the City of Roanoke, from its intersection with Patterson Avenue, S. to 0.012 mile north of its intersection with Moorman Road, N. W., at which hearing maps, drawings and other pertinent information were made available for public inspec tion and Relocation Assistance Porgrams and tentative schedules for right-of-way acquisition and construction were discussed and presented; and all persons and parties in attendance were afforded full opportunity to participate in said public hearing, representatives of the City being present and participating in said hearing; and WHEREAS, this Council, considering all such matters, is of opinion to give the approval hereinafter contained. THEREFDKE, BE IT RESOLVED by the Council of the City of Roanoke that skid Council doth approve the location and design of the improvements proposed to be made to loth Street, in the City of Roanoke, from its intersection with Patterson Avenue, to 0.012 mile north of its intersection With Moorman Road, N. W., as the location design are shown on the plans prepared by the Virginia Department of Highways as State Highway Project U000-128-101, PE-iO1, RW-201, C-501. BE IT FURTHER RESOLVED that the City Manager do promptly transmit atteste copies of this resolution to the State Highway Commission of Virginia, through offi- cial channels of the Virginia Department of Highways. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of May, 1970. Mayor No. 19192. AN ORDINANCE accepting the proposal of South Roanoke Lumber Company for furnishing and delivering necessary lumber, nails and roofing material to be used in replacing the floor of the Henry Street Bridge over the Norfolk and Western Railway Company's tracks; authorizing the proper City official to issue the requisite purchas order; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, on May 7, 1970, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the materials hereinafter mentioned were opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, a-nd thereafter were tabulated and studied by the committee which has made written report and recommendation bo the Council through the City Manager; and o Wo, 1I 295 WHEREAS, the City Manager, concurring in the committee's report has trans- mitted the same to the Council, recommending award of the contract as hereinafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest and best bid made to the City for the supply of said materials, and that funds sufficient to pay for the purchase price of said materials have been appropriated; and WHEREAS, it is necessary for the usual daily operation of the municipal govern merit that th is ordinance take effect upon its passage. THEttEFO[{E, BE IT ORDAINED by the Council of the City of Roanoke as follows (1) That the proposal of South Roanoke Lumber Company for furnishing and delivering, f.o.b. Roanoke, Virginia, all necessary lumber, nails and roofing materia to be used in replacing the floor of the Henry Street Bridge (First Street, S. W.) over the Norf.olk and Western Railway Company's tracks, as described in the City's plans and specifications and in quantity contained in said bidder's proposal, for a lump sum of $13,773.89 for lumber, and a lump sum of $509.20 for nails and roofing material, cash, upon satisfactory delivery of said materials, be, and said proposal i hereby ACCEPTED; (2) That the City's Purchasing Agent be, and he is hereby authorized and directed, for an on behalf of the City, to issue the requisite purchase order to the aforesaid South Roanoke Lumber Company, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for said supplies; and the cost of the materials when delivered to be paid out of funds heretofore appropriated by the Council for the purpose; and (3) That the other bids made to the City for supplying said materials be REJECTED, the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: / City Clerk M~or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of May, 1970. No. 19193. AN ORDINANCE authorizing the City's acquisition of a perpetual easement in certain land for the improvement of Jefferson Street and 3rd Street, S. E., in the City, upon certain terms and conditions; authorizing and providing for the City execution of said deed, and for its acceptance and recordation; and providing for an emergency. I~HEREAS, Norfolk and Western Railway Company has tendered to the City a deed of easgnent granting to the City perpetual rightS in and to the real estate in- corporated into the street right-of-way of Jefferson Street and 3rd Street, S. E., for the purpose of widening and improving the intersection of said streets at the southeast corner thereof, as provided by Resolution No. 18889 of the Council adopted September 15, 1969, and granting to the City, further, perpetual easement rights in certain other portions of said street rights-of-way which have heretofore for many years been used and occupied as public streets, all of which said lands, designated as Parcel I and Parcel II, are shown on Plan No. 5154-A, prepared in the Office of the City Engineer under date of 5 September, 1969, a copy of which said plan is anne to said deed oJ~ easement, said deed containing the terms and provisions hereinafter set out and authorized to be entered into; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City ,of Roanoke that that certain deed of easanent made and executed under date of January 15, 1970, by Norfolk and Western Railway Company to the City of Roanoke donating, granting and conveying to the City a perpetual easement in two (2) parcels of land desJ~ated as Parcel I and Parcel II, situate at and adjacne to the intersection of Jefferson Street and 3rd Street, S. E., in the City and shown and described on Plat No. 5154-A prepared under date of 5 September, 1969, in the office of the City Engineer, for public street purposes, upon the terms and provisions hereinafter set forth, be, and said deed of easanent is hereby ACCEPTED. BE IT FURTHER ORDAINED that the City Manager be, and is hereby authorized and directed to execute in duplicate the aforesaid deed of easement made under date of January 15, 1970, to the City of Roanoke, which said deed of easement cotcains, in substance, the following express terms and provisions, viz: (1) That if the lands over which the easement to the City is granted by said deed are made subJ-~ect to taxation and are taxed, the deed of easement may be reopened for the purpose of determining the amount of compensation, not to exceed suc assessments, that shall be paid by the City to its grantor in consideration of said easement; (2) That the City shall provide adequate drainage in connection with its use of said lands, to the end that no drainage condition adverse to its grantor shal be created on the lands of said grantor, and that the City will promptly remedy any such adverse condition; and (3) That in the event the City §hall hereafter abandon the use for public street purposes of either one or both of the parcels of land c~scribed in said deed of easement, then and to the extent of such abandonment, the easement shall i.~mediat, terminate and the land involved in such abandonment shall be discharged of' the easem, and privileges granted by said deed. ly 297 BE IT FURTHER ORDAINED that the City Clerk be, and is hereby authorized and directed to affix to the aforesaid deed of easement, in duplicate, the City's corporate seal and to attest the same; and that, thereafter, a fully executed copy of said instrument be recorded by the City Attorney in the appropriate Clerk's office. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage; and that the City Clerk do convey to the Norfolk and Western Railway C~ompany, through its Manager of Real Estate, the Council's appreciation of said company's donation and grant to the City, aforesaid. APPROVED ATTEST: CitI Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of May, 1970. No. 19195. A RESOLUTION relating to Mr. J. Robert Thomas, City Auditor. BE IT RESOLVED by the Council of the City of Roanoke that, the Council being advised that J. Robert Thomas, City Auditor, an able and long-time member of the Council's administrative staff of municipal officers, is temporarily indisposed and hospitalized, the Mayor and Members of the City Council hereby extend to Mr. Thomas their sincere wishes for an early and full recovery to his usual 9cod health and do express to him their pleasure in anticipating his prompt return and resumpti of full activites in his office as City Auditor. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy of this resolution to Mr. J.~Robert Thomas. ATTEST: , / 'City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of May, 1970. No. 19185. 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. 143, 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 the northwesterly side of Mountain View Terrace, S. W. and the east side of Fauquier Street, S.~ W., being an easterly portion of Block 11, Sec- tion 5, Roanoke Development Land Company Map, as more particularly hereinafter des- cribed, rezoned from RS-3, Single-Family Residential District, to RG-2, General Resi- dential 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 18th day of May, 1970, at 2 P.M., before the Council of the City of Roanoke, at which hearing all parties in interst and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering tim evidence as herein provided, is 'of the opinion that the hereinafter described land' should be rezoned. THEREFORE, BE IT ORDAIN~I) by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of-the City of Roano~m, 1956, as amended, relating to Zoning, and Sheet No. 143 of the Sectional 1966 Zone Map, City of Roanoke be amended in the following particular and no other, viz.: Property located on the,northwesterly~side of Mountain View Terrace, S. W. and the east side of Fauquier Street, S. W., described as follows: BEGINNING at a point at the northeast corner of Mountain View Terrace, S. W. and Fauquier Street, S. W.; thence along the north line of Mountain View Terrace in a northeasterly direction and with a curved line to the right, an arc distance of 369.40 ft. to a point on same; thence along a line through Official Tax No. 1430101 in a north, northwesterly direction 108 ft. to a point in the division line between Official Tax No. 1430101 and 1430102; thence along said division line, S. 580 00' 30" W. 230 ft. to the east line of Fauquier Street, S. W.; thence along said street line, S. 8° 16' 50" E. 181,$9 ft. to the PLACE OF BEGINNING, as shown by survey for Mountain View Corporation made by T. P. Parker, dated October 29, 1965, a copy of which is on file in the Office of the City Clerk of Roanoke City, and BEING an eaSterly portion of Bloc 11, Section 5, Roanoke Development Land Company Map, designated on Sheet 143 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1430101, be, and is hereby, changed from RS-3, Single-Family Residential District, to RG-2, General Resi dential District, and that Sheet No. 143 of the aforesaid map be dhanged in this respect. ATTEST: ty Clerk APPROVED Mayor 299 IN THE couNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of May, 1970. No. 19190. AN ORDINANCE authorizing the City's execution of a written license and per to Appalachian Power. Company to construct, erect, operate and maintain certain under- ground electrical transmission lines and equipment to serve the City's Ruffner Junior High School Property. WHEREAS, the Roanoke City School Board and the City Manager have recommende to the Council that license and permit be given Appalachian Power Company as hereinaf provided in order to provide underground electrical transmission facilities for the City's new Ruffner Junior High School buildings and property. .THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and are hereby authorized and empowered to execute, for and on behalf of the City, and to seal and attest, respectively, a written license and permit to Appalachian Power Company upon such form as is approved by the City Attorney, granting to Appalachian Power Company license and permit to construct, erect, operate and maintain an underground electric line or lines, for the purpose of transmitting electric power underground from Appalachian Power Company's Poles No. 229-1803 and No. 229-1804 on Ferncliff Avenue, extended, onto the school property of the City, situate on the northeasterly side of Ferncliff Avenue, known as the Ruffner Junkr High School site, in Roanoke County, Virginia, the location of said underground electric power lines to be as are shown colored in red on print cf Appalachian Power Company's drawing No. R-599, dated 3-12-70, entitled "Appalachian Power Co. 12 Ky. U. G. Feed to Ruffner Jr. High School", a copy of which said plan is on file in the Office of the City Clerk, such license to provide, inter alia, that said public service corporation shall remove 'all such wires and cables on written order of the city expressed by ordinance or resolution of the Council of the City of Roanoke, whereupon all right, title and interest of said electric power Oompany in the right-of way and license provided therefor shall revert to the City. APPROVED ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th day of May, 1970. No. 19194. AN ORDINANCE authorizing and providing for the sale and conveyance to Roanoke Coca-Cola Bottling Works, Inc., of a strip of land containing approximately 1630 square feet, being the land in a certain former alley, now permanently vacated, .t er 300 discontinued and closed, extending in a southerly direction from Center Avenue, N. W. to the north line of an alley which runs ge~erally east and west between Third and Fourth Streets, N. W., in the City of Roanoke, Virginia, upon certain terms and conditions. WHEREAS, offer of $100.00, cash, has been made to the City in writing, on behalf of Roamke Coca-Cola Bottling~Works, 'Inc., to purchase and acquire from the City the land hereinafter described, said land being owned in fee by the City and having at times heretofore been a public alley, approximately 25 feet wide and 100 feet long extending in a southerly direction from Center Avenue, N. W., to an alley which runs generally east and west between Third and Fourth Streets, N. W.; and WHEREAS,, said strip of land, having been formerly used as a public alley, has heretofore been permanently vacated, closed and discontinued as a public alley by Ordinance No. 19140 of the City Council; and WHEREAS, upon reference of the offer to the City directed to a committee the Council for study and report tO the Council, said commitIee has reported to the Council in writing h hat the City has no further or foreseeable use for said strip of land for public purposes; that the same constitutes surplus property of the'City and should be disposed ~ of; and that the offer made to the City as aforesaid appear~ fair and reasonable, and should be accepted; in which report-and recommendation the Court- cil concurs. THEREFORE, 'BE IT ORDAINED by the Council of the City of Roanoke that the offer in writing made to the city on behalf of Roanoke Coca-Cbla Bottling WorkS:, Inc to purchase from the City for the sum of One Hundred Dollars ($100.00) cash, that certain strip of land approximately 25 fe~t wide and 100 feet long, and extending in a southerly direction from Center Avenue, N. W., to the north line of an alley ~hidh runs generally east and west between Third and Fourth Streets, N. W., and described as follows, viz: BEGINNING at a point on the south side of Center Avenue, N. W., S. 690 06' 31" E. 292.87 feet from the southeast corner of Center Avenue, N. W., and Fourth Street, N. W.; thence with the south side of Center Avenue, N. W., S. 69° 06' 31" E. 29.23 feet to a point; thence with the'westerly line of the remaining property of William B. Boswell S. 17° 49' W. 102.74 feet to a point on the north side of an alley; thence with the same N. 72° 02' 30" W. 27.61 feet to a point; thence continuing with the northerly side of the alley N. 74o 15' W. 1.85 feet to a point; thence with new lines and with a curved line to the left, whose rafus is,15.0 feet and whose tangent length is 14.46 feet and whose chord is N. 61° 47' E. 20.82 feet, the arc length of 23.01 feet to a point of tangent; thence with the westerly side of a new 15-foot width alley N. 17e 49' E. 74.33 feet to a point of curve; thence with a curved line to the left, whose radius is 15.0 feet and whose tangent length is 14.21 feet and whose chord is N. 25° 38' 45" W. 20.63 feet, the arc length of 22.75 feet to the place of BEGINNING, containing 1630 square feet or 0.037 acre more or less, and being the same property conveyed to the City by deed of record in Deed Book 1197, page 455, in the Clerk's Office of the Hustings Court of the City of Roanoke, be and said offer is hereby ACCEPTED, provided, however, that said sale and the conveyance herein authorized to be made be consummated within sixty (60) days from the passage of this ordinance on its second reading and after the same shall have come effective; and the M~ or and the City Clerk be, and they are hereby authorized , I 30]_ and directed, upon payment to the City of the cash sum of One Hundred Dollars ($100.0 and upon approval by the City ~tttorney of the form of the City's deed of conveyance to the within named purchaser, to execute and to seal and attest, respectively, and thereafter cause to be delivered to the attorney for the within named purchaser the City's deed of conveyance, conveying the title to the above described land to said purchaser, said deed to be prepared by said purchaser's attorney and to contain the City's general warranty of title to the property herein authorized to be conveyed, and to reserve to the City the right to continue to operate and maintain existing public water lines, sewer lines, mains, or other public utilities, if any, heretofor installed in said former alley way. ATTE ST: / City Clerk ~PPROYED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIj~, The 25th day of May, 1970. No. 19196. AN ORDINANCE appointin9 a Substitute Judge of the Municipal Court. BE IT ORDAINED by the Council of the City of Roanoke that, as provided by The Roanoke Charter of 1952, as amended, and by general law, Harris S. Birchfield be, and is hereby appointed a Substitute Judge of the Municipal Court of the City of Roanoke for a term commencing with the effective date of this Ordinance and to expi on September 30, 1973, to act as provided in Subsection (b) of Sec. 3, Chapter 2, Title XI of the Code of the City of Roanoke, 1956, as amended, and to be compensated as provided in Subsection (b) of Sec. 2, of the Chapter, Title and Code, aforesaid. ATTEST: / APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of May, 1970. No. 19199. A RESOLUTION providing for the appointment of five viewers in connection with the application of Tempo Homes, Inc. to permanently vacate three (3) alleys and to alter 6 1/2 Street, S. E., all appearing on the Map of Christian Heights, of recor in the Office of the City Engineer under File ~2391, and on Official Appraisal Sheet No. 414, and hereinafter more particularly described. o0_2 described as follows, to-wit: .Alley ~1: Extending from the easterly side of Morrill Avenue, S. E. to the westerly side of 6 1/2 Street, S. E., lying immediately north of and running parallel with Morehead Avenue, S. E., and marked "A" to 'A" on the map entitled Annex I, a copy of which is attached to the Application on file in the Office of the City Clerk, and which is incorporated l~rein by reference. Alley ~2: Extending frOm the easterly side of Morrill Avenue, S. E. to the westerly side of 6 1/2 Street, S. E., lying immediately n c~th of and running parallel with Buena Vista Boulevard, S. E., and marked "B" to "B" on the map hereinabove referred to as Annex I. Alley g3: Extending from the easterly side of 6 1/2 Street, S. E., to the westerly side of a certain alley which parallels 7th Street, S. E., lying immediately north of and running parallel with Buena Vista Boulevard, S. E., and marked "C" to "C" 6n the map hereinabove referred to as Annex I. 6 1/2 Street, S. E.: The said 6-1/2 Street, S. E. extends from Buena Vista Boulevard on the south, intersects with Morehead Avenue, S. E. and termi- nates at Morrill Avenue, S. E. on the north. The alteration to be applied for will widen 6-1/2 Street to a 50-foot width and will change a present 90~ angle turn to one of approxinately 490 51', all as shown on the map entitled Annex II, a copy of which is attached to the application on file in the Office of the City Clerk, and which is incorporated herein by reference. WHEREAS, it appearing to Council, from the Affidavit of a Deputy City Serge of the City of Roanoke, that notice of the intended &pplication was duly posed as re. quired by Virginia Code § 15.1-364 by posting noticesthereof at the front door of th, Courthouse of the Hustings Court for the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Salem Avenue entrance), and at 311 Randolph Street, S. E. (also known as Second Street), these bein9 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 aforesaid and Council having considered said Applicatio to vacate the three (3) alleys hereinabove described and to alter the course of 6 1/2 Street, S. E.; and, WHEREAS, the Applicant has requested that not less than three nor more tha five viewers be appointed to view the said alleys and street herein respectfully sought to be vacated and altered 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 Rcmoke, Virginia, that Messrs. J. Tare McBroom, Dewey H. Marshall, Harry Whiteside, Jr., Dale Poe and R. R. Quick be and they are hereby appointed as viewers, any three (3) of whom may act, to view the aforesaid alleys and street and report in writing pursuant to the provisions of Section § 15.1-36d of the Code of Virginia of 1950, as amended, whethel in their opinion, any and if any, what, inconvenience would result from discontinuin said alleys and altering the course of 6 1/2 Street, S. E. as requested by the Applicant. A P P ROVED ATTE ST: IN THE COUNCIL OF THE CITY OF ROANOKE, ¥IRGINIA, The 25th day of May, 1970. No. 19200. AN ORDINANCE to amend and reordain Section =48, "Department of Buildings," of the 1969-70 J~ppropriation 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 City of Roanoke that Section =48; ,"Depart- ment of Buildings," of the 1969-70 Appropriation Ordinance, be, and the same is here- by, amended and reordained to read as follows, in part: DEPARTMENT OF BUILDINGS Motor Fuel and Lubricants (1) ....................... $370.00 Travel Expense (2) .................................. 730.00 Motor Fuel and Lubricants (3) ....................... 366.29 Insurance (4) ....................................... 473.00 (1) Net decrease ....... (2) Net increase--- (3) Net decrease--- (4) Net increase ........... $130.00 $130.00 $ 3.71 $ 3.71 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CIFY OF ROANOKE, VIRGINIA, The 25th day of May, 1970. No. 19201. AN ORDINANCE to amend and reordain Section ~14, "Personnel," of the 1969-7G 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 ~14, "Personnel," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PERSONNEL ~14 Education (1) ...................................... $550.00 (1) Net increase $450.00 BE IT FURTHER ORDAINED that, an emerqency existin9, this Ordinance shall be in effect from its passa9e. APPROVED AT TE ST: /' z / 304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of May, 1970. No. 19202. AN ORDINANCE to amend and reordain Section ~19, "Juvenile and Domestic Relations Court," of the 1969-70 Appropriation Ordinance, and providing for and 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 ~19, "Juvenile and Domestic Relations Court," of the 1969-70 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) ................................. $4,950.00 Printing and Office Supplies (2) ................ $2,750.00 (1) Net decrease ............. (2) Net increase .... $150.OO ---$150.O0 BE IT FURTHER ORDAINED, that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of May, 1970. No. 19203. AN ORDINANCE to amend and reordain Section ~18, "Law and Chancery Court," of the 1969-70 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 =18, "Law and Chancery Court," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LAW AND CHANCERY COURT ~18 Fees for Professional and Special Services (1) ..................................... $6,500.00 (1) Net increase-- $3,000.OO BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall in effect from its passage. A P P ROVED 3O5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of May, 1970. No. 19204. AN ORDINANCE to amend and reordain Section ~16, "Hust.ings Court," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~*16, "Hustings Court," of the 1969-70 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) ............................ $3,000.00 (1) Net increase-- $1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: -// City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of May, 1970. No. 19205. A RESOLUTION requestip9 Congressional authority for a comprehensive study of the Upper Roanoke River Basin. WHEREAS, the Fifth Planning District Commission is charged with preparatio of the comprehensive plan for the District and encouraging local governments to effectively plan; and devastating floods havin9 recently occurred in Western Virgini said Commission reportedly has caused flood plain studies to be undertaken and partially completed for the urbanizing area of the Upper Roanoke River Basin; and after appropriate investigation, the implications of a Federally funded comprehensiv river basin study have been examined; and WHEREAS, appropriate coordination has been completed With the Virginia Commissioner of Water Resources, the USDA Soil ConservatiOn Service, and Montgomery County, as well as the U. S. Army Corps of Engineers, and this Council has' been requested to join in the petitioning of elected representatives to the United States Congress for implementation of such a study. 306 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does hereby join in the request of the Fifth Planning District Commission that congressional authority be obtained for a comprehensive study of the Upper Roanoke River Basin by the U. S. Army Corps of Engineers, at no cost to the City of Roanoke unless and until such study results in implementation of a program or projec for flood control in the said basin. BE IT FURTHER RESOLVED that, the City Clerk transmit attested copies of this resolution to the Honorable Harry F. Byrd, Jr., the Honorable William B. Spong, Jr. and the Honorable Richard H. Poll. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of May, 1970. No. 19206. AN ORDINANCE amending Sec. 30 and Sec. 31, Chapter 1, Title XIX, of the Code of the City of Roanoke, 1956, relating to taxicabs and other vehicles for hire, by providing for an increase in the fees for the issuance and renewal of public vehicle drivers' licenses; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council the advisability of increasing the fees for the issuance and renewal of public vehicle drivers' licen and, upon consideration of the proposal, the Council concurs in the recommendation of the City Manager, and, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows that Sec. 30 and Sec. 31, Chapter 1, Title XIX, of the Code of the City of Romoke 1956, be, and said sections are hereby amended so as to read and provide as follows: Sec. 30. Same - Investigation of applicant; fee; issuance or refusal. The superintendent of police shall make investigation, in- cluding such examination and hearings as he may deem proper, touching the qualifications and fitness of the applicant to operate a public vehicle. If he be satisfied that the applicant is of the age of twenty-one years or more; is of sound physique with good eyesight and not subject to epilepsy, vertigo, heart trouble or any other bodily or mental infirmity which might render him unfit for the oper- ation of a public vehicle; is able to read and write the English language; is clean in dress and person and not addicted to the use of intoxicating liquors or drugs; is qualified by his knowledge of the traffic' laws of the state and the traffic ordinances, including ordinances of the city, and is otherwise bodily, mentally and morally fit to operate a public vehicle, the superintendent-of police shall upon the payment of a fee of five dollars to the City Treasurer issue to applicant a vehicle driver's license and an identification card containing a photographic likeness of the applicant, which card shall be posted in the public vehicle while the applicant is in charge thereof. The superintendent of police shall require of the applicant such medical examination and certificates and photographs as he may deem proper. If the superintendent of police be not satisfied as to the qualification and fitness of the applicant to operate a public vehicle, he shall refuse to issue such public vehicle driver's license. Sec. 31. Same - Form; duration; renewal. The license issued to the applicant shall be issued in such form as to contain the photoqraph and signature of the licensee and blank spaces upon which records shall be made of arrest of, or may be made of complaints against, him, and no official record made upon such license shall be erased or obliterated. Such licenses shall be issued as of the first day of .January of each year, and shall be effective to and including the thirty-first day of December of each year, unless sooner suspended, revoked or cancelled. Such license may be renewed from year to year by the superintendent of police by al~ropriate endorsements thereon; the fee for each renewal shall be two dollars payable to the City Treasurer. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passa9e. ATTE ST: / City Clerk A P P R 0 ¥ E D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1970. No. 19197. AN ORDINANCE amending and reordaining a subsection of Sec. 8. C-l, Office and Institutional Districts, Article Il/, Chapter 4.1, of Title XV, relatin9 to Zonin of the Code of the City of Roanoke, 1956, as amended, which subsection provides certa n district zoning requlations and authorizes certain special exceptions after public no .ice and hearing by the Board of Zoning Appeals with respect to the use of properties loca .ed in C-1 Office and Institutional Districts. WHEREAS, the City Plannin9 Commission, on a proposal referred to it by the Council, and after due consideration of the proposal, has recommended to the Council the amendment of the district zonin9 regulations applicable to C-l, Office and Insti- tutional Districts hereinafter set out and provided; and, WHEREAS, pursuant to the provi~ns of S~. 70 and Sec. 71, Chapter 4.1, of Title XV of the Code of the City of Roanoke, 1956, as amended, and after due publica- tion of written notice in a newspaper havin9 9eneral circulation in the City more than fifteen days prior to the holdin9 of a public hearin9 on the question, a public heari g was held before the Council on the 25th day of May, 1970, in accordance with said noti e on the recommendations of the Planning Commission as aforesaid, at which public hearing all persons in interest and citizens were afforded an opportun'ity to be heard on the question; and, 307 308 WHEREAS, upon the Council's due consideration of the recommendations of said Planning Commission, the Council is of opinion that the subsection of Sec. 8. C-1 Office and Institutional Districts, Article IV, Chapter 4.1, of Title X¥, relatin to Zoning, of the Code of the City of Roanoke, 1956, as amended, which subsection authorizes certain special exceptions after public notice and hearing by the Board of Zoning Appeals with respect to the use of properties located in C-1 Office and Insti- tutional Districts, should be amended as recommended by said Planning Commission and as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the subsection of Sec. 8. C-1 Office and Institutional Districts, Article IV, Chapter 4.1 of Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended setting out and providing the special exceptions authorized to be permitted by the Board of Zoning Appeals in C-1 Office and Institutional Districts, on application and after public notice and hearing, be, and said subsection is hereby amended and reordained to authorize the following enumerated special exceptions, said subsection to read and provide as follows: Special exceptions after public notice and hearing by the BOard of Zoning Appeals: 1. Utilities, substations, as for RS districts. 2. High-rise apartments, subject to section 24 of this chapter. 3. Town houses, subject to the requirements of section 20 of this chapter. 4. Financial institutions, including banks. 5. Commercial or private parking lots, provided the following criteria are met or establi§hed: a. Site plan approval by the City Engineer as required in section 31 of this chapter. b. Appropriate screening as required to serve as a buffer between parking and other uses, particularly residential uses. c. Ail parking areas shall have ~a paved surface and be main- tained with a paved surface. d. When lighting is required, such lighting for parking areas shall be provided with suitable shielding as set forth in a lighting plan by the applicant for a special exception. e.A demand for C-1 parking needs shall be shown by the applicant for a special exception, f. Any private parking lot located within a reasonable distance of a permitted C-1 Office and Institutional use may provide the parking required by such C-1 uses. 6. Restaurants, provided that such use: a. Is in conjunction with an office or professional building. b. Does not occupy more than 10% of the total floor area of the structure. c. Is clearly incidental to the primary function of the structure a~d is oriented to trade generated as a direct result of the primary use of the building. d. Is not a drive-in restaurant. e. Has no external advertisement in excess of fifteen (15) square feet, flush with the building and non-illuminated. 309 7. Recording studios, provided that such studios and appurtenant Equipment: a. Have no electro-magnetic effect outside any such studio; and b. Be sound-proofed as to all other properties or areas. A P P R 0 V E D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE. CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1970. No. 19198. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of he City of Roanoke, 1956, as amended, and Sheet No. 111, Sectional 1966 Zone Map, ity of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke o have that property located between Chapman Avenue and Campbell Avenue, S. W., escribed as Lot 1, Block O, Fishburn Place, Official Tax No. 1112901, rezoned from G-2, General Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter escribed land not be rezoned from RG-2, General Residential District, to C-2, Genera :ommercial District; and WHEREAS, the written notice and the posted sign required to be published nd posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the .ity of Roanoke, 1956, as amended relating to Zoning, have been published and posted s.required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 5th day of May, 1970, at 2 p.m., before the Council of the City of Roanoke, at which earing all parties in interest and citizens were oiven an opportunity to be heard otb for andaoainst the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provided, s of the opinion that the herainafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that itle XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended elating to Zoning, and Sheet No. 111 of the Sectional 1966 Zone Map, City of Roanoke, 3e amended in the following particular and no other, viz.: Property located between chapman Avenue and Campbell Avenue, S. W., tescribed as Lot l, Block O, Fishburn Place, desionated on Sheet 111 of the Sectional 966 Zone [flap, City of Roanoke, as Official Tax No. 1112901, be, and is hereby, change 'rom RG-2, General Residential District, to C-2, General Commercial District, and hat Sheet No. 111 of the aforesaid map be changed in this respect. APPROVED ATTEST: II IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1970. No. 19207. AN ORDINANCE to amend and reordain certain sections of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the us,ual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the City of Roanoke that certain sections of the 1969-70 Appropriation Ordinance, be, and the same are hereby, amended and reor- dawned to read as follows, in part: GARAGE ~71 Insurance (1) .................................... $28,087.00 AUDITOR =10 Insurance (2) .................................... $ 1,688.00 GARAGE ~71 Insurance (3) .................................... $27,363.00 LIBRARIES Insurance (4) .................................... $ 751.41 (1) Net decrease-- (2) Net increase .... (3) Net decrease--- (4) Net increase ........... $1,688.00 $1,688.00 $ 724.00 $ 724.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED AT T E ST: Cit~ Clerk May or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1970. No. 19208. AN ORDINANCE to amend and reordain Section ~76, "Stadium and Athletic Field," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio. .~76, "Stadium and Athletic Field," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: STADIUM AND ATHLETIC FIELD ~76 Utilities (1) .......................................... $15,300.00 (1) Net increase-- $3,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: APPROVED 311 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1970. No. 19209. AN ORDINANCE to amend and reordain Section =80, "Libraries," of the 1969-7 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~80, "Libraries," of the 1969-70 ApproPriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIBRARIES =80 Utilities (1) ................................... $13,000.00 (1) Net increase ..... $3,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this 'Ordinance shall be in effect from its passage. ATTEST: / × City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF' ROANOKE,VIRGINIA, The 1st day of June, 1970. No. 19210. A RESOLUTION designating Byron E. Haner, Assistant City Manager, as a representative of the City oh the Board of Directors of Total Action Against Poverty in Roanoke Valley for the 1970-1971 Fiscal Year. BE IT RESOLVED by the Council of the City of Roanoke that Byron E. Haner be, and is hereby designated as a representative of said City on the Board of Directors of Total Action Against Poverty in Roanoke Valley for said organization's 1970-1971 Fiscal Year; and that an attested copy of this resolution be transmitted by the City Clerk to the executive director of said organization, and to Mr. Byron E. Haner. ATTEST: ~City Clerk APPROVED Mayor 312 IN THE' COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of June, 1970. No. 19211. A RESOLUTION relating to the gift of an elephant to the Children's Zoo, on Mill Mountain. WHEREAS, upon the conclusion of a recent series of performances in the area of the Ringling Broilers and Barnum and Bailey Circus, Mr. Gunther Gebel-Williams, a world-renowned animal trainer and member of said circus, graciously offered to donate a trained Ihdia.n elephant to the City of Roanoke for placement in the Children Zoo, atop Mill Mountain; and WHEREAS, this Council gratefully acknowledges this welcomed gift which will further increase the interest and enJoymen.t of the Zoo to its many thousands of visitors. THEREFORE, BE IT RESOLVED by the Council of the City of Rmnoke that this Council, for itself and as their duly elected representatives, on behalf of the citizens of the City, does hereby formally accept the generous gift of a tr~ned elephant, and does extend its appreciation and gratitude to ~lr. Gunther Gebel-~i~illiam and to Ringling Brothers and Barnum and Bailey Circus for the handsome addition to the City's Children's Zoo. BE IT FURTHER RESOLVED that the City Clerk do transmit attested copies of this resolution to Mr. Gunther Gebel-;~illiams and to the president of Ringling Brothers and Barnum and Bailey Circus. APPROVED ATTEST: ~City Clerk : Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 8th day of June, 1970. No. 19212. A RESOLUTION approving the use by the Roanoke Valley Junior Rifle Club of a small caliber rifle range located at 1119 Service Aven:ue, S. E., in the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that pursuant to t'he )rovis~ns of Sec. 5,. Chapter 4, of Title XXIII of the Code of the City of Roanoke, 19 as amended, this Council doth hereby approve the use by the Roanoke Valley Junior Rifle Club, which is the junior division of the Roanoke Rifle and Revolver Club, of a rifle range, limited to .22 caliber rimfire ammun£tion, located in the basement of 313 premises known as 1119 Service Avenue, S. E., in the City of Roanoke, the use of suc facilities to be supervised at all times by members of the Adult Committee of said club. A P P R 0 Y E D ATTE ST: , /City Cie k Ma~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1970. No. 19213. AN ORDINANCE to amend and reordain Section =7000, "Schools - Maintenance " "Schools - Fixed Charges," of the 1969-70 Plant & Equipment, and Section ~8000, Appropriation 'Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =7000, "Schools - Maintenance of Plant & Equipment.," and Section =8000, I, "Schools - Fixed Charges, of the 1969-70 Appropriation Ordim ncc, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS-MAINTENANCE OF PLANT ~ EQUIPMENT =7000 Maintenance of Instructional & Office Equipment (1) . (1) Net decrease ......... (2) Net decrease .... SCHOOLS-FIXED CHARGES =8000 $1,402.00 $4,200.00 Insurance (1) ..................................... ~51,996.80 (1) Net increase ........ $5,602.00 BE IT FURTHER ORDAINED that, an emergency existing, this 'Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1970. No. 19214. 314 II AN ORDINANCE tO amend and reordain Section ~61000, "Schools - Educable Mentally Retarded Curriculum Guide Revision," of the 1969-70 Appropriation Ordinance and provid lng for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Ramoke;,an emergency is declared to exist. T~tEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec~'ion ~61000, "Schools - Educable Mentally Retarded Curriculum Guide Revision," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordai to read as follows, in part: SCHOOLS - EDU~CABLE MENTALLY RETARDED CURRICULUM GUIDE REVISION ~61000 $5,492.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th d, ay of June, 1970. " No. 19215. AN ORDINANCE to amend and reordain Section =62000, "Schools - Summer Head Start," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS,i for thel .~s'.ual ~c[aily .operat.i,o~n of the Municipal Government 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 ~'62000, "Schools - Summer Head Start," of the 1969-70 Appropriation Ordinance, be, and the same is hereb ,, amended and reordained to read as follows, in part: SCHOOLS - SUMMER HEAD START =62000 $84,456.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Ci~ty Clerk APPROVED Mayor 315 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1970. No. 19216. AN ORDINANCE to amend and reordain Section =63000, "Schools - Library Books and Materials," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency, is declared to exist. THEREFORE, BE IT OR'DAINED by the Council of the City of Roanoke that ,, Section =63000, "Schools-Library Books and Materials, of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS-LIBRARY BOOKS AND MATERIALS = 63000 $16,145.00 BE IT FURTHER ORDAINED tha~, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~City C}erk May o2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1970. No. 19217. AN ORDINANCE to amend and reordain Section =40, "Distribution of Surplus Commodities," of the 1969-70 Appropriation Ordinance, and prgviding for an emergency, WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =40, "Distribution of Surplus Commodities," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: DISTRIBUTION OF SURPLUS COMMOIKIIES =40 Food, Medical g Housekeeping Supplies (1) ......... $ 133.00 Operatin9 Supplies & Materials (2) ................ $ 8.00 Office Equipment -New (3) ......................... $ 381.72 Personal Services (4) ............................. $ 20,053.80 (1) Net decrease (2) Net decrease (3) Net decrease (4) Net increase $ 67. O0 .... $ 92.00 $111.80 $270.80 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED 316 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1970. No. 19218. ,! AN ORDINANCE to amend and reordain Section =37, "Public Assistance, of the 1969-70 Appropriation ,Ordinance, and providing for an emergency. WH~I~.AS, for the usual daily operation of the Municipal Government of the Cit of Ramoke, 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 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE =37 Travel Expense (1) . $9,400.00 (1) Net decrease ......... ~1,000.00 (2) Net increase- ~1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this 'Ordinance shal'l be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1970. No. 19219. AN ORDINANCE to amend and reordain Section =45, "Police," of the 1969-70 Appropriation Ordinance, and providing for an emergency. ~qHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exi st. THEREFORE, BE IT ORDAINED by the Council of the City of [Ica noke that Section =45, "Police,". of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE =45 Education (1) ,600. O0 (1) Net decrease ...... $600.00 (2) Net increase · - ~600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordirmce shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1970. No. 19220. AN ORDINANCE to amend and reordain Section =21, "Lunacy Commissions," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that · " of the 1969-70 Appropriation Ordinance, be, and Section =21, "Lunacy Commissions, the same is hereby, amended and reordained to read as follows, in part: LUNACY COMMISSIONS ~21 Fees for Professional and Special Services (1) ........ $7,000.00 (1) Net increase V-$1,O00.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall' b in effect from its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF' THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1970. No. 19221. AN ORDINANCE to amend and reordain Section =97B, "Terminal Leave," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Rcanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~97B, "Terminal Leave," of the 1969-70 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: TERMINAL LEAVE =97B Terminal Leave (1) ............................... $28,500.00 (1) Net increase ..... $2,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED ~ay IN THE ..COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1970. ~ No. 19222. A RESOLUTION authorizing the use by the City in certain of its departments during the summer of 1970, of approximately 32 young men and women employed under the Neighborhood Youth Corps Program. BE IT RESOLVED by the Council of the City of Roanoke, the City Manager so recommending, that said City Manager be, and he is hereby authorized and permitted, on behalf of the City, to arrange through Total Action Against Poverty in Roanoke Valley for the City's use in its Public Library, Parks and Recreation, and Public Works Departments of a total of approximately 32 young men and women employed as Aides unde~ the Neighborhood Youth Corps Program for a period of approximately ten (10) weeks during the current and the next fiscal year, the persons so used and employed to be compensated in full for their services by the Federal Government or out of funds made available by the Government to said Total Action Against Poverty in Roanoke Valley, and the assignment of said persons to appropriate work in the aforesaid departments of the City and their work schedule be substantially as is set out in the City Manager's report made to the Council in the premises under date of June 15, 1970. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1970. No. 19223. AN ORDINANCE accepting the proposal of Lynchburg Foundry ComPany, Division of Woodward Iron Company, Division of The Mead Corporation, for furnishing and supply certain ductile-iron water pipe to be used by the City's. Water Department for the period beginning July 1, 1970, and ending June 30, 1971; authorizing the proper City officials to execute the requisite contract; rejecting all other bids; and providing for an emergency. WHEREAS, on June 2, 1970, and after due and proper advertisement had been made therefor, five (5) bids for furnishing and supplying certain ductile-iron water pipe necessary for the normal daily operation of the City's Water Department, for the period commencing July 1, 1970, and ending June 30, 1971, 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 ng 319 WHEREAS, the City Manager, concurring in the committee's report, has trans- mitted 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 acce, pted is the best bid made to the City for furnishing the said material, and that funds sufficient to pay the cost of said material have been appropriated; and WHEREAS, it is necessary for the usual daily operation'of the Municipal Government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That the proposal of Lynchburg Foundry Company, Division of Woodward Iron Company, Division of The Mead Corporation, for furnishing and supplying to the City certain quantities of various sizes of ductile-iron pipe, in full accordance wit the City's plans and specifications, and during the period of time mentioned in said specifications, for the unit prices and for not more than the estimated sum of $100,859.00, said pipe to be delivered f.o.b, rail siding, 3447 Hollins Road, N. E., Roanoke, Virginia, which proposal is on file in the office of the City Clerk, be, and said proposal is hereby ACCEPTED; (2) That the City Manager. and the City Clerk be, and they are hereby autho. rized and directed, for an on behalf of the City., to execute and attest, respectively a requisite contract with the aforesaid bidder, incorporating therein the aforesaid specifications, said bidder's proposal and the provisions of this ordinance, the form of which said contract shall be approved by the City Attorney; and (3) That the proposals of the four ~ther 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: rk May IN THE COUNCIL OF THE CITY OF ROANOKE,~ VIRGINIA, The 15th day of June, 1970. No. 19224. AN ORDINANCE authorizing the purchase of supplies of liquid chlorine to the City's Water Department and to the Sewage Treatment Plant for the period beginning July 1, 1970, and ending June 30, 1971, upon certain terms and provisio~ by acceptin a certain bid made t o the City; rejecting certain other bids; and providing for an emergency. 32O WHEREAS, on June 2, 1970, and after due and proper advert,isment had been made therefor, ten (10) bids for furnishing to the City quantities of liquid chlorine 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 t 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 vided; and the Council has determined that the bid hereinafter accepted, while not the lowest bid, is the ~best bid meeting the City's specifications made therefor, to 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, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the bid of Axton-Cross Company, Salem, Virginia, to supply liquid chlorine to the City's Water Department in 150 pound cylinders at $0.0944 per pound, or, when directed by the City's Purchasing Agent, to deliver such chlorine in 2,000 pound cylinders at $0.0589 per pound, in accordance with the City's specifications m te therefor, t~o.b. Carvins Cove Filter Plant, Hollins, ¥irginia, for the period beginni~ July 1, 1970, and ending June 30, 1971, the 150 pound cylinders to be shipped by truck in lots of 85 cylinders per shipment, and the 2000 pound cylinders to be shippe in truckload lots of 10 cylinders per shipment, as and when ordered by the City Purchasing Agent during the aforesaid period, be, and is hereby ACCEPTED;. and 2. That the bid of Axton-Cross Company, Salem, ¥irginia, to supply liquid chlorine to the City's Sewage Treatment Plant in 2,000 pound cylinders at $0.0589 pe~ pound, f.o.b. Sewage Treatment Plant, 1402.Underhill Avenue, S. E., Roanoke, Virgini. for the period beginning July 1, 1970, and ending June 30, 1971, the same to be ship[ d in truckload lots of 10 cylinders per shipment, as and when ordered by the City Pur- chasing Agent during the aforesaid period, be, and is hereby ACCEPTED; and 3. That the City Purchasing Agent be, and he is hereby authorized and dir for and on behalf of the City, to issue requisite purchase orders for the supplies o 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 purposes. BE IT FURTHER ORDAINED that the other bids received by the City for the supply of liquid chlbrine be, and said other bids are hereby REJECTED, the City Clef to so notify said other bidders and to express to each the City's appreciation of sa bids. BE IT FINALLY ORDAINED that, an emergency existing, t his ordinance shall be in full force and effect upon its passage. APPROVED ~ted, 32i IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1970. No. 19225. AN ORDINANCE to amend and reordain Section ~66, "Market," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =66, "Market," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MARKET ~66 Communications (1). (1) Net decrease .......... $200.00 (2) Net increase-- $200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall in effect from its passage. ATTEST: City Clerk AP P R 0 YE B Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1970. No. 19227. AN ORDINANCE accepting the proposal of Hodges Lumber Corporation for the furnishing of all labor and materials necessary for the construction of an air cargo storage and handling building, loading dock, and related grading, paving and access roadway at the Roanoke Municipal Airport; autho~rizing the proper City officials to execute the requisite contract; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, at the meeting of Council held on April 20, 1970 and after due ant proper advertisement had been made therefor, seven (7) bids for furnishing all tools maclines, labor and materials for the construction of an air cargo storage and handli building, loading dock, and related grading, paving and access roadway at the Roanoke Municipal Airport were opened and read before the Council, whereupon all said bids were referred to a committee appointed by the Council to tabulate and study the same and to make report and recommendation thereon to the Council, and 322 " WHEREAS, said committee has reported to the Council in writing its tabula- tion and recommendation on all said bids, from which it appears to the Council that the proposal of Hodges Lumber Corporation represents the lowest and best bid made to the City for the performance of said work, and should be accepted; that said othe~ bids should be rej,ected; and WHEREAS, funds sufficient to pay for the cost of the aforesaid improvement~ have been or are being appropriated for the purpose by the Council; and WHEREAS, it is necessar~ for the usual daily oper~ation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of t~anoke, as follows (1) That the written proposal of Hodges Lumber Corporation made to~ the City for furnishing all tools, machines, labor and materials for the construction of an air cargo storage and handling building, loading dock and related grading, paving and access roadway at the Roanoke Municipal Airport, all as described in the City's plans and specifications, and in accordance with said bidder's proposal for a total lump sum of $47,755.00 cash, upon satisfactory, completion of said work, be, and said proposal is hereby ACCEPTED; (2) That the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with the gOresaid Hodges Lumber Corpora- tion, the same to incorporate the terms and provision of this ordinance and the City plans and specifications made for said work; said contract to be upon such form as approved by the City Attorney, and the cost of the work when completed, to be paid out of funds heretofore or contemporaneously being appropriated by the Council for the purpose; and (3) That the other bids made to the City for performing said work be REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FURTHER ORDAINED THAT, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST:. City Clerk Mayor 323 IN THE COUNCIL OF' THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1970. No. 19226. AN ORDINANCE authorizing the City's sale and conveyance of Lots 15 and 16, Section 15, according to the revised map of the Hyde Park Land Company's Addition to the City of Ramoke, being :Official Nos. 2310907 and 2310908, upon certain terms and provisions. WHEREAS, the city is the owner of the lands hereinafter described which wer the subject of a written offer to purchase made by John D. Walrond to the City; and WHEREAS, the Council's Real Estate Committee, to which said offer was referred, has reported to the Council advising that the City previously acquired such lands in protection of certain tax claims and assessments thereon; that the City has constructed no p~blic improvements or facilities upon such property and has no present or future need of the same for public purposes, and that it holds the same as surplus property; and that the sum so offered represents a fair and reasonable value of the land and should be accepted and that conveyance of the title to said property to the offeror be authorized and directed on the terms hereinafter set forth, in all of whic! the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of John D. Walrond to purchase and acquire from the City Lots 15 and 16, Section 15, according to the revised map of the Hyde Park Land Company's Addition to the City of Roanoke, being Official Nos. 2310907 and 2310908, for and in consideration of $1,500.00, cash, upon delivery of the City's deed of conveyance be, and said offer is hereby ACCEPTED; and the City Clerk shall so notify said offeror by transmittal of an attested copy of this ordinance. BE IT FURTHER ORDAINED that the Mayor be, and he is hereby authorized and empowered, for and on behalf of the City, to execute to the aforesaid purchaser, or to whomever said purchaser shall direct in writing, a proper deed of conveyance drawn by the City Attorney conveying to said purohaser the fee simple title to each aforesa: lot, such deed to contain the City's General Warranty of title, the conveyance to be made subject to recorded restrictions, conveyances and conditions, and 1970 taxes to be prorated from date of delivery of the City's deed and assessed on said lots in the name of the aforesaid purchaser or purchasers; and that the City Clerk be, and is hereby authorized and directed to affix to the aforesaid deed of conveyance the City' corporate seal and to attest the same, both said officials to thereafter acknowledge their signatures as provided by law. BE IT FURTHER ORDAINED that, upon payment to the City of the full sum of $1,500.00, cash, by or on behalf of the aforesaid purchaser, the City Clerk be, and is' hereby authorized to deliver to said purchaser or his authorized representative th City's deed of conveyance executed as above provided. APPROVED ATTEST: /? /?/,, 324 IN THE COUNCIL OF.THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1970. No. 19228. AN ORDINANCE permitting the encroachment of an overhead pneumatic conveyer pipe line and supporting structure across Norfolk Avenue, S.W., between 5th and 6th Streets, S. W., upon certain terms and conditions. WHEREAS, representatives of The Kroger Company, owner of property abutting both sides of Norfolk Avenue, S. W., immediately west of 5th Street, S. W., have pe- titioned the Council that said company be permitted to construct and maintain an over head penumatic conveyer line and structure over and across Norfolk Avenue at points approximately forty-four feet west of 5th Street, to convey bulk flour from a pumping station to be located on Norfolk and Western Railway Company property north of Norfolk Avenue to the bakery of The Kroger Company on the south side of Norfolk Avenue, and have exhibited to the Council and filed in the City Clerk's Office the plans hereinafter mentioned on whic, h are shown the det~ls of the proposed structure; and WHEREAS, the City Manager, to whom the proposal was referred by the Council has advised the Council th at, constructed as hereinafter provided, the conveyer pipe line would not interfere with the movement of traffic on Norfolk Avenue and said City ~lanager has recommended that permission be granted to construct and maintain said pipe line, as an encroachment over and across the aforesaid public street, but upon the terms and provisions hereinafter contained; 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 aforesaid proposal and is willing to permit the encroachment hereinafter mentioned across said public street upon the terms and conditions herein contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that per- mission be and is hereby granted The Kroger Company, owner of properties identified as Official Nos. 1111315 and 1110713 on the City's Tax Appraisal ~lap to construct and maintain over and across Norfolk Avenue, S. W., at points approximately forty~:fou feet west of 5th Street, S. W., a pneumatic conveyer pipe line and supporting struc- ture and related elec~x4cal conduit for the purpose of conveying flour or other bakery materials, in bulk, from a pumping station on property of the Norfolk and Western Railway Company north of Norfolk Avenue to the bakery plant of The Kroger Company on the south side of Norfolk Avenue, S. ~., all such permission and authority being granted, however, subject to the following express terms, conditions, limitations and provisions, viz.: 1. That the aforesaid pipe line conveyer system be constructed by said . owner and be thereafter maintained as is shown on two sheets of plans prepared for The Kroger Company by J. M. Yeatts, Architect, Sheet 1 of which bears date of April 325 13, 1970, revised May 17, 1970, and Sheet 2 of which bears day of May 17, 1970, which said plans are on file in the Office of the City Clerk and are incorporated herein by reference; 2. That all such structure shall be erected by said owner upon permit duly issued by the Commissioner of Buildings and in accordance with all applicable buildin codes and requirements of the City; 3. That no part or portion of said pipe line or of the supportin9 structur therefor shall be closer than eighteen feet above any improved surface of Norfolk Avenue, S. W., in the line of its crossin9 and as said street surface is or may here- after be maintained by the City; 4. That there be maintained by said owner on theeast and west sides of sai, structure signs in form approved by the City Manager throuqh an appropriate departmen' of the City statin9 the minimum clearance of the lowest portion of the aforesaid structure over the right of way of Norfolk Avenue; 5. That said owner, prior to erectin9 the aforesaid encroachment, make all necessary arrangements and adjustments with public utility companies whose over- head utility lines, poles or fixtures may in anywise be affected by such encroachment 6. That said owner secure and maintain insurance coverage throuqh some insurance company approved by the City Manager insurin9 said owner aqainst liability for personal injury and property damage by reason of the construction, ownership and maintenance of that portion of the aforesaid pipe line structure which encroaches over Norfolk Avenue, S. W., with limits of one hundred thousand to three hundred thousand dollars for personal injury and of fifty thousand dollars for property damag and that copies of such insurance policies or proper certificates of such insurance be filed with the City Clerk, thereafter to be kept in force and maintained during the period such encroachment is allowed to continue; 7. That said owner, its successors or assigns do, by accepting the terms and provisions of this ordinance and by making and maintaining the aforesaid encroach ment, covenant and agree to indemnify and save harmless the City of Roanoke of and from all claims for injuries or damge to persons or property that may arise by reason of the construction, existence or maintenance of the aforesaid encroachment over said public street. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not be- come fully effective until such time as a written permit shall have been issued by th City's Building Commissioner to the aforesaid owner, or its duly authorized contracto or representative, until proof of the insurance coverage herein required shall have been filed in the Office of the City Clerk, and until an attested copy of this ordinan, shall have been duly signed, sealed and acknowledged by the said The Kroger Company a shall have been admitted to record, at the cost of said permittee, in the Clerk's Off of-the Hustings Court of the City of Roanoke. e 326 EXECUTED and accepted by the undersigned this day of ~ ,197 ATTEST: (Title) STATE OF' ) ) To-wit: CITY OF' ) It , of , State of and and THE KROGER COMPANY By. (Title) a Notary Public in and for the City , do hereby certify that , , respectively, of The Kroger Company, whose names as such are signed to the foregoing writing bearing date the day of , 1970, have this date personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1970. My commission expires: , 19 Notary Public APPROVED ATTEST: / ~' City 61erk May or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1970. No. 19230. A resolution providing for the appointment of five free-holders, any three of whom may act, as viewers in connection with the application or petition of ,'he Interstate Equipment Corporation to vacate, discontinue, and close that portion of an alley or roadway known as Jackson Avenue, S. W., between the east line of 9th Street and the east line of 9 1/2 Street, S. W., bounded on the north by the Norfolk and Western Railway Company's right of way, and on the south by Lots 6 and 7, Sectio 15, and Lot 9, Section 10, J. W. Webb Map, and a portion of 9th Street, S. W., now closed, as provided by Section 15.1-364 of the 1950 Code of Virginia, as amended to date. WHEREAS, it appearing to the Council of the City of Ramoke, Virginia, upon said petition that said petitioner did duly and legally publish, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of application to this Council to vacate said portion of an alley situate in the southwest section the City of R~oke, the publication of which was had by duly posting copies of said 327 notice in the manner provided by law, alt of which is verified by an affidavit appended to the petition addressed to the Council requestingthat the same be vacated and WHEREAS, it further appear in9 to the Council that more than ten days have elapsed since the publication of the hereinabove-described notice of application, and the Council havin9 considered the petition of the applicant to vacate said porti of an alley as provided by Section 15.1-364 of the 1950 Code of Virqinia, as amended and WHEREAS, the petitioner has requested that not less than three, nor more than five, qualified persons be appointed to view the able-described portion of an alley sought to be vacated, discontinued and closed, and report, in writing, as re- quired by Section 15.1-364 of the 1950 Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council ~ the City of goanoke, girqinia, that Messrs. Roy L. Mastin, Jr., C. F. Kefauver, Aylette B. Coleman, Fred DeFelice and L. Elwood Morris, any three of whom amy act, be, ~d they are hereby, appointed as viewers to view the above-described portion of an alley or street souqht to be vacated, and to report, in writin9, as required by Section 15.1-364 of the Code of girqinia, as amended, whether or not, in their opinion, any, and, if any, what incon. venience would result from formally vacatin9 said portion of an alley or street lyi between the east line of 9th Street, S. W., and the east line of 9 1/2 Street, S. W. bounded on the ~orth by the Norfolk 5 Western Railway Company's riqht of way and on the south by Lots 6 and 7, Section 15, and Lot 9, Section 10, J. W. Webb Map, and a portion of 9th Street, S. W., now closed. APPROVED ATTEST: i ark ~ayo IN THE COUNCIL OF THE CITY OF ROAN~E, VIRGINIA, The 22nd day of June, 1970. No. 19231. AN ORDINANCE providin9 for the City's acquisition of certain properties and of certain easements in property for the purpose of widenin9 and improvin9 Garde City Boulevard, S. E., a public street in the City, upon certain terms and condition and providin9 for an emergency. WHEREAS, the City is desirous of widenin9 and improvin9 Garden City Boule- vard, S. E., one of the public streets of the City, for which project plans have bee prepared by the office of the City Enqineer showinq the proposed new riqht of way fo said street, elevations and cross sections thereof and showing, also, as numbered cels, certain properties needed to be acquired by the City in fee simple or as perpe ~al or temporary easements; and 328 WHEREAS, the City Manager, reporting to the Council the results of negotia- tions conducted with various of the p~perty owners along said street, has advised the Council that the property owners hereinafter named have agreed in writing to grant an. convey to the City the properties or the easement rights in properties hereinafter set out opposite their respective names and for the consideration hereinafter respect stated; and said City Manager has recommended that such offers be approved by the Council and accepted; and WHEREAS, a sum sufficient to pay the considerations herein after provided has been appropriated by the Council for the purpose; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City, for the purpose of widening and improving Garden City Boulevard, S. E., in accordance with Plan No. 5170 prepared for said project in the office of'the City Engineer, a copy of which is on file 'in the office of the City Clerk, do acquire from the following names owners for the consideration set out with respect to each said property and its owner or owners the following, namely: (~) ParcS1 002, from Harry D. Martin'and John W. Mariin, as show~ on Sheet 2 of Plan No. 5170, aforesaid, consisting of the fee simple title to 3,311 square feet of Official No. 4370402 and a temporary construction easement in an additional 479 square feet of said lot, for the ~um of ' $1,000. O0 (b) Parcel 003, from Hugh V. Robertson and Annie B. Robertson, as shown on Sheet 2 of said plan, donsisting of the fee simple title to 1,873 square feet of 0fficial No. 4370403 and a tem- porary construction easement in an additional 479 square feet of said lot, for the sum of $ 300.00 (c) Parcel 004, from Wayne F. Wagner and Claudine M. Wagner, as shown on Sheet 2 of said plan, consisting of the fee simple title to 610 square feet of Official No. 4370436, for the sum of $ 50.00 (d) Parcel 005, from T. P. Mills and Minnie C. Mills, as shown on Sheet 2 of said plan, consisting of the fee simple title to 10,106 square feet of Official No. 4370501 and a perpe- tual easement in an additional 958 square feet of said lot, for the sum of $3,600.00 (e) (f) Parcel 007, from Janet H. Richards and Dennis B. Richards, as shown on Sheets 2 and 3 of said plan, consisting of the fee simple title to 1,263 square feet of Official No. 4260106, for the sum of $ lOO.OO Parcel 008, from Janet H. Richards and Dennis B. Richards, as shwon on Sheet 3 of said plan, consisting of the fee simple title to 2,091 square feet of ,Officia~l No. 4260107, for the sum of $ 300.-00 (g) Parcel 009, from Douglas W. Ratliff and Jacqueline H. Ratliff, as shown on Sheet 3 of said plan, consisting of a temporary construction easement in 335 square feet of Official No. 4260108, for the sum of $ 1.00 rely 329 (h) Parcel OlO, from C. W. Lawrence and ¥irgie M. Lawrence, as sh'own on Sheet 3 of said plan, con- sistin9 of a temporary construction easement in 148 square feet of Official No. 4260109, for the sum of $ 1.00 BE IT FURTHER ORDAI NED that, upon delivery to the City of good and sufficien deeds of conveyance prepared and approved as to form by the City Attorney and execute¢ and acknowledged by the person or persons certified by said City Attorney to be the lawful owners of each aforesaid property, the City Auditor be, and he is hereby authorized and directed to issue and deliver to the City Attorney for transmittal to the parties entitled thereto the City's checks in payment of each aforesaid purchase price; thereafter said deeds to be recorded by the City Attorney in the appropriate clerk's office. BE IT FINALLY ORDA]NEI~ that, an emergency existing, this ordinance be in force and effect from and after its passage. ATTEST: ' ~ ' '/ Ci t y Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1970. No. 19232. AN ORDINANCE providing for the purchase and acquisition of two automatic floor scrubbing machines and one wet-dry vacuum cleaner for the Roanoke Civic Center by accepting certain proposals made to the City therefor, upon certain terms and conditions; rejecting certain other bids; and providing for an emergency. WHEREAS, at the Council's meeting held June 8, 1970, and after proper adver- tisement had been made therefor, certain bids for the sale to the City and delivery t the Roanoke Civic Center Coliseum of the equipment hereinafter authorized to be pur- chased were opened and read before tie Council, whereupon said bids were referred to a committee to be studied, with report thereon to be made back to the Council; and WHEREAS, said committee has reported in writing to the Council under date of June 22, 1970, that the bids hereinafter accepted, while not the lowest are the best bids meeting the City's specifications made therefor, and should be accepted; an. that sufficient funds have been appropriated to provide for payment of the purchase prices of the equipment hereinafter authorized to be purchased; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the city of Roanoke as follows: 330 1. That the bid of ~ilmar, Incorporated, to furnish and deliver f.o.b. Roanoke Civic Center two (2) new Clarke TB-24 automatic floor scrubbing machines, compIete with batteries for the total net purchase price of $3,832.00, cash, and the bid of Southeastern Skate Supply Company of Roanoke to furnish and deliver f.o.b. Roanoke Civic Center one (1) new Clarke heavy d:uty wet-dry vacuum cleaner for the total net purchase price of 9294.84, cash, meeting or exceeding the City's specifica- tions made for said equipment, be, and said proposals are hereby ACCEPTED; and the City's Purchasing Agent is hereby authorized and directed to issue to the successful bidders the City's purchase orders for the aforesaid new equipment, incorporating iht said purchase orders the City's aforesaid specifications, said bidders' proposals, guarantees and warranties, and the provisions of this ordinance; and upon delivery to the City and said City's acceptance of said new equipment, the proper City officia shall be, and are hereby authorized and directed to make requisite payment to said successful bidders of the aforesaid purchase prices, not to exceed the sums herein- above set out. BE IT FURTHER ORDAINED that all other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby REJECTED; the City Clerk to so notify all said other bidders and to express to each the City's apprecia- tion for each said bid. BE IT FINALLY ORDAINED7 that, an emergency existing, this ordinance shall be in force and effect upon its passage. ~ AP P R OYE D ATTEST: ~City Clerk ~iayor IN THE COUNCIL OF THE CITY OF :ROANOKE, VIRGINIA, The 22nd day of June, 1970. No. 19233. AN ORDINANCE amending and reordaining Sec. 2. Tax, of Chapter 11, Transient Occupancy Tax, of Title VI, of the Code of the City of Roanoke, 1956, as amended, by making permanent the tax provided for in said Chapter; and providing for an emergency WHEREAS, the Council deems it in order to provide revenue for the City for the fiscal year 1970-1971 and thereafter from certain taxes on transients obtaining lodging in hotels, inns, and other places where a charge is made for such lodging, an it is ~ecessary 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 Tax, of Chapter 11, Transient Occupancy Tax, of Title VI, Taxation, of the Code of th City of Roanoke, 1956, as amended, be and said section is hereby amended and reordain so as to read and provide as follows: d 331 Sec. 2. TAX On and after the effective date of this ordinance, to-wit, July 1, 1970, there is hereby imposed and levied on each and every transient a tax equivalent to one per centum (1%) of the total amoun-t paid for room rental by or for any ,such transient to any hotel; which said tax shall be collected from such transient at the time and in the manner hereinafter provided. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect on and after July 1, 1970. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1970. No. 19234. AN ORDINANCE amending and reordaining Sec. 12. License taxes; when payable of Chapter 8, License Tax Code, Title VI. Taxation, of The Code of the City of Roanoke, 1956, as amended; and providing for an emergency. WHEREAS, the Council deems it in order to provide revenue for the City for the fiscal year 1970-1971 and thereafter from certain license taxes made assessable o an annual basis 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 Sec. 1 License taxes; when payable, of Chapter 8, License Tax Code, Title VI, Taxation, of The Code of the City of Roanoke, 1956, as amended, be and said section is hereby amended and reordained to read and provide as follows: Sec. 12. License taxes; when payable. All license taxes imposed by this chapter shall be deemed to be due and payable during the month of January of each license year unless herein otherwise expressly provided; pro- vided, however, that each license tax of one hundred dollars or more, excluding any penalities or fees assessable thereon, may be paid in two installments, the first during the month of January and the second during the month of May of such year, unless otherwise stated. Every person electing to pay a license tax in two installments shall upon payment of the first install- ment, pay in full all fees and penalities theretofore assessed on such license tax. When an election is made to pay the tax on a license in two installments, the treasurer shall add to each license so assessed an additional fee of seventy-five cents prior to the payment of the second installment, and a failure to pay such second installment, together with all fees and penalities properly added thereto on or before May thirty-first, shall operate so as to automatically revoke such license as of midnight, May thirty-first, but the revocation of such license shall not relieve the licensee from liability for the payment of the second installment and the fees and penalities thereon. Promptly after May thir,ty-first, each year, the treasurer shall report in writing to the commissioner the names of all persons whose licenses have been so revoked and the type and serial number of each such license. 332 11 A License so revoked may be reinstated by the treasurer prior to December thirty-first of the license year upon payment to the treasurer of said second installment together with the fees and penalties properl, y chargeable thereon. Should any delinquent license tax be collected by civil action or process or suit in chancery, there shall be collected, in addition to such tax and fees, penalties on the same at the rate hereinafter provided, and interest on the sum total thereof after I)ecember thirty-first of the year in which such license was issued. Failure to pay the tax assessed, or due to have been assessed, on a license prior to February first of each year, or to pay such installment thereof as is required by this chapter to be paid, or at such other time as the same shall be- come due and payable, shall subject the license to the payment of a penalty of ten per cent of the license tax remaining unpaid on each such date, such penalty to be added and collected by the treasurer. Promptly after December thirty-first, 1970, and December thirty-first of each year thereafter, the treasurer shall make written report to the city auditor and to the city delinquent tax collector of each unpaid city license, together with the reasons for each such nonpayment remaining in his office as of December thirty-first, and thereafter said delinquent tax collector shall proceed to collect each and every such unpaid license tax. In all cases where a person shall begin a business or employ- ment, or resume the carrying on of a seasonal business or employ- ment, upon which a license tax is imposed under this chapter, such license shall be due and payable at the time when the business or employment is commenced or resumed. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1970., No. 19235. AN ORDINANCE fixing the annual compensation of certain unclassified offi- cials and employees of the City; and providing for an emergency. WHt~IEAS, the Council's Salary Committee, appointed by Resolution No. 16135 adopted on November 23, 1964, has submitted its report and recommendation for fixing the salaries of the officers and employees of the City placed in the unclassified service pursuant to Title 2, Chapter 13, Section 7, of The Code of the City of Roanoke, 1956; and WHEREAS, funds sufficient to pay for the increased compensation herein fixed are being appropriated by the Council in the City's 1970-71 budget; and 'WHEREAS, it is necessary for the usual daily Operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the annual compensation of the following unclassified officials and employees of the Cit be, and the same is hereby, fixed at the following sums, effective as of the 1st day of July, 1970: 333 Virginia L. Shaw, Clerk Julian F. Hirst, Manager Byron E. Haner, Assistant Manager James N. Kincanon, Attorney J. Robert Thomas, Auditor L. L. Koontz, Jr., Judge, Juvenile and Domestic Relations Court Beverly T. Fitzpatrick, Chief Municipal Judge James P. Brice, Judge, Municipal Court George B. Dillard, Judge, Municipal Court Extra Judges ~ Clerks - Municipal Court Charles S. McNulty, Jr., Assessor Bueford B. Thompson, Purchasing Agent Vacant, Personnel Director Bernice F. Jones, Director of Public Welfare M. David Hooper, Superintendent of Police Sidney W. vaughan, Fire Chief Lewis G. LeftWich, Building Commissioner H. Cletus Broyles, Director of Pu.blic Works William F. Clark, City Engineer Marshall L. Harris, Airport Manager Rex T. Mitchell, Jr., Director of Recreation Nancy E. Himes, Library Director Lothar Mermelstein, Planning Director H. S. Zimmerman, ~uperintendent, Sewage Thomas W. Dunn, Manager, Water Howard E. Radford, Civic Center Manager Walker fl. Carter, Jr., Clerk of Courts Patricia Testerman, Deputy Clerk Vacant, Deputy Clerk Mary K. Goodwin, Deputy Clerk Lena M. Testerman, Deputy Clerk Juanita S. Gregory, Deputy Clerk Vacant, Deputy Clerk Ruth K. Dillard, Deputy Clerk Clara K~ Gray, Deputy Clerk Margaret Byrd, Deputy Clerk Photographer Virginia C. Wright, Assistant Photographer Ruby T. Perdue, Deputy Clerk J. B. Church, Deputy Clerk M. G. Roland, Deputy Clerk 9,540.00 26,574.00 15,024.00 17,328.00 19,644.00 15,942.06 16,920.00 15,024.00 15,024.00 30.00 per day 12,714.00 11,556.00 12,102.00 1.2,714.00 1.5,024.00 12,006.00 11,556.00 1.4,304:00 14~304.00 11,556. O0 11,556. O0 11,856.00 ].6,812.00 11,394.00 i2,714.00 18,486.00 16,758.00 8,292. O0 5,844.00 * 6,150.00 7,890.00 6,756.00 * 5,772.00 * 6,096. O0 5,568.00 6,480.00 * 4,914.00 * 4,788.00 * 6,480.00 * 5,166.00 * 334 ¸ ff Jean T. Pratt, Deputy Clerk D. ¥. Miller, Deputy Clerk H. Benjamin Jones, Assistant City Attorney Vacant, Assistant City Attorney Vacant, Assistant City Attorney Alfred N. Gibson, Assistant City Auditor W. Richard Lavinder, Assistant City Auditor $ 5,772.00 * ,4,434.00 * 13,296.00 lO,OOB.O0 10,008.00 -13,860.00 12,006.00 * Subject to approval of State Compensation Board BE IT FURTHER ORDAINED that, an emergency existin§, this.ordinance shall be in full force and.effect upon its passage. APPROVED ATTEST: /City Clerk ~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1970. No. 19236. 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, 1970; and providing for an emergency. WHEREAS, the adoption of the Plans hereinafter set out is intended to amend, modify or repeal, to the extent herein provided, the plans, provisions and schedules contained in Ordimnce No. 18775 adopted by the Council on June 30, 1969, and thereafter, from time to time, amended; and WIEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That there be and is hereby adopted by the Council and made applicable to all of the City's employees on the City's payroll as of the first day of July, 19' and to such of them and others who are hereinafter provided for in this ordinance, the System of Pay Rates and Ranges hereinaJter set out as Schedule 1, and the Pay Pla hereinafter set out as Schedule 2, which shall read and provide as follows: ), 335 SCHEDULE I SYSTEM OF PAY .RATES AND RANGES CITY OF ROANOKE, ¥IRGINIA July, 1970 Hourly Equiv. Range Steps in Monthly Amounts of Step 1 No, 1 2 3 4 5 Annual Equiv. 6 of Step 6 1.85 7 $320 $336 $352 $370 $390 1.94 8 336 352 370 390 410 2.03 9 352 370 390 410 430 2.14 10 370 390 410 430 452 $410 $4,920 430 5,160 452 5,424 476 5,712 2.25 11 390 410 430 452 476 2.37 12 410 430 452 476 500 2.48 13 430 452 476 500 526 2.61 14 452 476 500 526 554 2,75 15 476 500 526 554 582 500 6,000 526 6,312 554 6,648 582 6,984 610 7,320 2.88 16 500 526 554 582 610 642 7,704 3.04 17 526 554 582 610 642 674 8,088 3.20 lB 554 582 610 642 674 708 8,496 3.36 19 582 610 642 674 708 744 B,928 3.52 20 610 642 674 708 744 780 9,360 3.70 21 642 674 708 744 780 820 9,840 3.89 22 674 708 744 780 820 860 10,320 4.09 23 708 744 780 820 860 904 10,848 4.29 24 744 780 820 860 904 948 11,376 4.50 25 780 820 860 904 948 996 11,952 4.73 26 820 860 904 948 996 4.96 27 860 904 948 996 1,044 5.22 28 904 948 996 1,044 1,098 5.47 29 948 996 1,044 1,098 1,154 5.74 30 996 1,044 1,098 1,154 1,212 1; 044 12,528 1,098 13,176 1,154 13,848 1,212 14,544 1,272 15,264 NOTE: Hourly equivalents based on 40 hour work week. CITY SCHEDULE 2 PAY PLAN OF' ~OANDKE, ¥I~GINIA July 1, 1970 Code 1001 1002 1005 1006 1007' 1010 1011 1015 1016 1017 1019 1025 1035 1038 1040 1050 1051 1055 1057 Classification Work Range Week Nh. 1 CLERICAL, FISCAL AND ADMINISTRATIVE Clerical and Machine Operation Clerk 1 40 Clerk 11 40 Clerk Typist 1 40 Clerk Typist 11 40 Clerk Typist ltl 40 School Secretary 1 40 School Secretary 11 40 Clerk Stenographer 1 40 Clerk Stenographer ll 40 Clerk Stenographer ill 40 Secretary to City Manager 40 Water Office Manager 40 Assistant Municipal Court 40 Clerk Juvenile and Domestic 40 Relations Court Clerk Deputy City Clerk 40 Switchboard Operator 40 Chief Switchboard Operator 40 Key Punch Operator 40 Duplicating Equipment 40 Oper at or Steps in Monthly Amounts 2 3 4 5 8 $336 $352 $370 $390 $410 $430 11 390 410 430 452 476 500 8 336 352 370 390 410 430 12 410 430 452 476 500 526 14 452 476 500 526 554 582 10 370 390 410 430 452 476 13 430 452 476 500 526 554 10 370 390 410 430 452 476 13 430 452 476 500 526 554 15 476 500 526 554 582 610 16 500 526 554 582 610 642 19 582 610 642 674 708 744 15 476 500 526 554 582 610 526 554 582 610 642 17 674 6 17 526 554 582 610 642 674 B 336 352 370 390 410 430 9 352 370 390 410 430 452 9 352 370 390 410 430 452 10 370 390 410 430 452 476 336 Code 1101 1102 1103 1111 1113 11120 1130 1132 1135 1136 1201 1208 1210 1211 1212 1215 1216 1220 1222 1223 1225 1226 1228 1229 1230 2001 2005 2006 2007 2009 2015 2016 2017 2020 2022 2026 2030 2032 2035 2038 101 !2105 12110 2115 ).205 2210 2215 2216 222O 2225 224O Classification Work Range ,,,Steps Week No, 1 ..... 2 Fiscal and Stores Accounting Clerk 1 40 Accounting Clerk 11 40 Accounting Clerk 111 40 Auditor 40 Programmer 1 40 Programmer 11 40 EDP Operator 11 40 Surplus Commodity Clerk 40 Storekeeper 40 Buying Assistant 40 Buyer 40 Administrative and Specialized Bailiff 40 Administrative Assistant 40 Chief Appraiser 40 Appraiser 1 40 Appraiser 11 40 Assistant to Market Manager -- Market Manager -- Assistant Airport Manager -- Assistant Registrar 40 General Registrar 40 Personnel Clerk 40 Assistant Personnel Director 40 Delinquent Tax Collector -- Assistant Coordinator of Civil Defense -- Municipal Court Clerk -- in Monthly Amounts 3 4 5 6 ENGINEERING AND ALLIED Engineerin,q Construction Cost Clerk 40 Rodman 40 Instrumentman 40 Party Chief 40 Chief Surveyor 40 Draftsman 1 40 Draftsman 11 40 Chief Draftsman 40 Construction Inspector 40 Chief Construction Inspector 40 Assistant City Engineer 40 Real Estate Agent 40 Air Pollution Kngineer -- Traffic Engineering Supervisor4q Traffic and Communications Superintendent 40 Planning Planning Intern 40 17 Planning Technician 40 19 Planner 40 25 Assistant Planning Director 40 29 Inspectional Sealer of Weights and Measures 40 16 Zoning and Safety Inspector 40 18 Plumbing Inspector 1 40 16 Plumbing Inspector 11 40 18 Electrical Inspector 40 18 Building Inspector 40 18 Assistant Building Commissioner 40 22 10 $370 $390 $410 $430 $452 $476 14 452 476 500 526 554 582 18 554 582 610 642 674 708 23 708 744 780 820 860 904 19 582 610 642 674 708 744 25 780 820 860 904 948 996 lB 554 582 610 642 674 708 14 452 476 500 526 554 582 12 410 430 452 476 500 '526 15 476 500 526 554 582 610 18 554 582 610 642 674 ~708 14 452 476 500 526 554 582 18 554 582 610 642 674 708 o 26 820 860 904 948 996 1 !044 17 526 554 582 610 642 674 22 674 708 744 780 820 860 16 500 526 554 582 610 '642 19 582 610 642 674 708 '744 21 642 674 708 744 780 '820 15 476 500 526 554 582 610 19 582 610 642 674 708 744 15 476 500 526 554 582 610 20 610 642 674 708 744 780 19 582 610 642 674 708 744 21 642 674 708 744 780 ~820 19 582 610 64R 674 708 744 18 554 582 610 642 674 8 336 352 370 390 410 13 430 452 476 500 526 19 582 610 642 674 708 22 674 708 744 780 820 13 430 452 476 500 526 18 554 582 610 642 674 .22 674 708 744 780 820 16 500 526 554 582 610 20 , 610 642 674 708 744 27 860 904 948 996 1,044 20 610 642 674 708 744 20 610 642 674 708 744 19 582 610 642 674 708 26 820 860 904 '948 996 708 430 554 744 86O 554 708 86O 642 780 1,098 78O 78O 744 1,044 526 554 582 610 642 674 582 610 642 674 708 744 780 820 860 904 948 996 948 996 1,044 1,098 1,154 1,212 500 526 554 582 610 642 554 582 610 642 674 708 500 526 554 582 610 642 554 582 610 642 674 708 564 582 610 642 674 708 554 582 610 642 674 708 674 708 744 780 820 860 337 Code 30OO 3001 30O2 3003 3005 3006 3010 3012 3015 3020 3021 3023 3030 3040 3045 3047 3050 3052 3101 3105 3110 3111 3115 3118 3120 3122 3125 3126 3130 3140 3141 3143 3150 3152 3155 3160 3162 3165 3167 3170 3171 3201 3205 3206 3208 3210 3211 3212 3301 3304 3305 3306 3310 3315 332O 3323 3324 3326 Classification Work Range . Steps Woek No, 1 2 TRADES AND LABOR General Labor and Trades in Monthly Amounts 3 4 5 Sanitation Worker .... $364 $390 $411 $--- S--- Laborer 1 40 7 320 336 352 370 390 Laborer 11 40 10 370 390 410 430 452 Laborer 111 40 13 430 452 476 500 526 Equipment Operator 1 40 12 410 430 452 476 500 Equipment Operator 11 40 15 476 500 526 554 582 Labor Foreman 40 15 476 500 526 554 582 Construction Foreman 40 18 554 582 610 642 674 Trades Helper 40 10 370 390 410 430 452 Incinerator Operator 1 40 12 410 430 452 476 500 Incinerator Operator 11 40 14 452 476 500 526 554 Incinerator Foreman 40 17 526 554 582 610 642 Animal Caretaker 40 10 370 390 410 430 452 Gardener 40 11 390 410 430 452 476 Tree Trimmer 40 12 410 430 452 476 500 Tree Foreman 40 15 476 500 526 554 582 Sign Painter 40 13 430 452 476 500 526 Traffic Sign Supervisor 40 17 526 554 582 610 642 E, quipmen, t and Building Maintenance Equipment Maintenanceman 40 13 430 452 Parking Meter Serviceman 40 12 410 430 Airport Serviceman 1 40 12 410 430 Airport Serviceman 11 40 14 452 476 Automotive Serviceman 40 9 352 370 Auto Body Repairman 40 14 452 476 Automotive Mechanic 40 14 452 476 Automotive Mechanic Foreman 40 18 554 582 Fire Equipment Specialist 1 6'2 15 476 500 Fire Equipment Specialist 11 62 20 610 642 Park Equipment Foreman 40 16 500 526 Painter 1 40 12 410 430 Painter 11 40 14 452 476 Painter Foreman 40 16 500 526 Carpenter 40 15 476 500 Cabinetmaker 40 16 500 526 Welder 40 15 476 500 Plumber 40 15 476 500 Steamfitter 40 16 500 526 Machinist 40 16 500 526 Building Maintenance~nan 40 15 476 500 Building Maintenanceman Foreman 40 19 582 610 Assistant Maintenance 40 20 610 642 Superintendent Electricity and Electronics 476 500 526 452 476 500 452 476 500 500 526 554 39O 410 43O 50O 526 554 500 526 554 610 642 674 526 554 582 674 708 744 554 582 610 452 476 500 500 526 554 554 582 610 526 554 582 554 582 610 526 554 582 526 554 582 554 582 610 554 582 610 526 554 582 642 674 708 674 708 744 Electrician 40 16 500 526 554 582 610 Signalman 40 16 500 526 554 582 610 Lead Signalman 40 18 554 582 610 642 674 Signal and Alram Supervisor 40 23 708 744 780 820 860 Communications Technician 40 17 526 554 582 610 642 Lead Communications Tech. 40 18 554 582 610 642 674 Communications Supervisor 40 23 708 744 780 820 860 18 554 582 610 642 674 20 610 642 674 708 744 24 744 780 820 860 904 18 554 582 610 642 674 21 642 674 708 744 780 24 744 780 820 860 904 24 744 780 820 860 904 20 610 642 674 708 744 20 610 642 674 708 744 24 744 780 820 860 904 General Supervision Sanitation Supervisor 40 Assistant Sanitation Supt. 40 Sanitation Superintendent 40 Airport Field Superintendent 40 Parks Superintendent 40 Maintenance Superintendent 40 Garage Superintendent 40 Street Maintenance and 40 Construction Supervisor Sewer Maintenance and 40 Construction Supervisor Street and Sewer Supt. 40 6 410 476 554 526 610 610 708 476 526 582 674 476 500 526 610 554 674 554 526 526 582 452 582 582 708 610 780 642 526 582 642 610 642 610 610 642 642 610 744 780 64211 64211 708[ 904 674 708 904 7O8 78O 948 708 820 948 948 780 78C 94; 338 Code 4001 4003 4004 4005 4006 4008 4010 4011 4012 4014 4017 4020 4101 4102 4105 4110 4111 4112 5O2O 5O22 5O24 5028 5030 5101 5105 5106 5107 5110 5111 5112 5113 5119 5120 5121 5124 5127 6001 6003 6010 6011 6020 6021 6022 6101 6105 6110 Class ification Work Week CUSTODIAL AND FOOD Custodial Watchman 40 7 Maid 40 7 Elevator Operator 40 7 Janitor 1 40 7 Jafiitor ll 40 8 Fireman 40 7 Custodian 1 40 8 Custodian 11 40 10 Custodian ill 40 12 Custodial Foreman 40 14 Nursing Home Custodian 40 10 Housekeeping Supervisor 40 12 Food Preparation and Service Kitchen Helper 40 7 Cafeteria Helper -- 7 Cook 40 7 Cafeteria Manager 1 40 8 Cafeteria Manager ll 40 10 Cafeteria Manager 111 40 11 HEALTH AND SOCIAL SERVICES Health Services Orderly 40 7 Nurses 'Aide 40 7 Licensed Practical Nurse 40 10 Supervising Nurse 40 16 Nursing Superintendent 40 19 Social Services ~nd Welfare. Juvenile Home Proctor 1 40 14 Juvenile Home Proctor 11 40 17 Juvenile Home Superintendent 40 23 Assistant Juvenile Home 40 20 Superintendent Probation Officer 1 40 18 Probation Officer 11 40 20 Probation Supervisor 40 22 Chief Probation Officer 40 24 Welfare Technician 40 Social Worker 1 40 Social Worker 11 40 Casework Supervisor 40 Social Services Superintendent 40 24 Range No, $32O 32O 32O 32O 336 32O 336 37O 410 452 37O 410 Steps in Monthly Amounts 2 3 4 5 336 $352 '$370 $390 336 352 370 390 336 352 37O 390 336 352 370 390 352 370 390 410 336 352 370 390 352 370 390 410 390 410 430 452 430 452 476 500 476 500 526 554 390 410 430 452 430 452 476 500 320 336 352 370 390 320 336 352 370 390 320 336 352 370 390 336 352 370 390 410 370 390 410 430 452 390 410 430 452 476 6 $410 410 410 410 430 410 430 476 526 582 476 526 410 410 ~410 430 476 5OO 320 336 352 370 390 410 320 336 352 370 390 410 370 390 410 430 452 476 500 526 554 582 610 642 582 610 642 674 708 744 526 554 582 610 642 610 642 674 708 744 554 582 610 642 674 6!0 64a e74 70e 744 674 708 744 780 820 744 ~2cialS~2ale ~ache~04 ~pecial Scale Attached Special Scale Attached Special Scale Attached 744 780 820 860 904 582 674 904 780 708 780 860 948 948 LIBRARY AND RECREATION Libraries School Library Clerk 40 10 370 School Secretary-Library Clerk 40 10 370 Library Assistant 1 40 9 352 Library Assistant 11 40 12 410 Librarian 1 40 18 554 Librarian I1 40 20 610 Librarian 111 40 22 674 Recreation Recreation Recreation Recreation Leader 40 Supervisor 40 Superintendent 40 14 452 18 554 23 7O8 390 410 430 452 476 390 410 430 452 476 370 390 410 430 452 430 452 476 500 526 582 610 642 674 708 642 674 708 744 780 708 744 780 820 860 476 500 526 554 582 582 610 642 674 708 744 780 820 860 904 339 ~iCode Classification Work Range i Week NO, 1 PUBLIC SAFETY i! Law Enforcement 'i7001 Animal Control Officer 40 14 $452 7005i Police Patrolman 40 17 526 7006 Police Corporal 40 18 554 7007 Detective 40 17 526 7008 Detective Sergeant 40 20 610 7010 Police Sergeant 40 20 610 7013 Lieutenant 40 23 708 7016 Captain 40 25 780 Fire Protection 7101 Fire Dispatcher 1 62 12 410 7102 Fire Dispatcher 11 40 20 610 7103 Fire Department Assistant 40 18 554 7105 Firefighter 62 17 526 7106 Fire Lieutenant 62 18 554 7107 Fire Captain 62 20 610 7110 Fire Drillmaster 40 21 642 7114 Fire Inspector 40 18 554 7!15 Fire Marshal 40 21 642 7118 Assistant Fire Chief 62 23 708 PUBLIC UTILITIES Plant Operation 8001 Water Filter Plant Operator 40 13 430 8005 Water Pump Operator 40 13 430 8007 Water Pumping Station 40 14 452 Supervisor 8010 Water Production Supt. 40 23 708 8015 Plant Laboratory Technician 40 14 452 8016 Chief Plant Laboratory Tech. 40 18 554 8020 Sewage Plant Operator 40 13 430 8025 Sewage Plant Mechanic 40 14 452 8027 Sewage Plant Maintenance Sup. 40 18 554 8101 Water Meter Reader 40 11 390 8105 Water Meter Repairman 1 40 13 430 8106 Water Meter Repairman ll 40 16 500 8110 Water Serviceman 1 40 10 370 8111 Water Serviceman 11 40 14 452 8114 Water Meter and Pump 40 17 526 Supervisor 8115 Water Meter and Pump 40 22 674 Superintendent 8120 Water Distribution Foreman 40 18 554 8123 Water Distribution Supervisor 40 20 610 8126 Water Distribution Supt. 40 23 708 .8130 Water Utility Engineer 40 28 904 Steps in Monthly Amounts 2 3 4 5 6 $476 $500 $526 $554 $582 554 582 610 642 674 582 610 642 674 708 554 582 610 642 674 642 674 708 744 780 642 674 708 744 780 744 780 820 860 904 820 860 904 948 996 430 452 476 500 526 642 674 708 744 780 582 610 642 674 708 554 582 610 642 674 582 610 642 674 708 642 674 708 744 780 674 708 744 780 820 582 610 642 674 708 674 708 744 780 820 744 780 820 860 904 452 476 500 526 554 452 476 500 526' 554 476 500 526 554 582 744 780 820 860 904 476 500 526 554 582 582 610 642 674 708 452 476 500 526 554 476 500 526 554 582 582 610 642 674 708 4!0 430 452 476 500 452 476 500 526 554 526 554 582 610 642 390 410 430 452 476 476 500 526 554 582 554 582 610 642 674 708 744 780 820 860 582 610 642 674 708 642 674 708 744 780 744 780 820 860 904 948 996 1,044 1,098 1,154 1214 Boundary Coordinator Assistant 40 21 642 674 708 744 780 820 Salary Scale for Social Worker Classes 5119 Welfare Technician 40 450 475 500 525 550 575 5120 Social Worker 1 40 550 575 600 630 660 690 5121 Social Worker 11 40 575 600 630 660 690 720 5124 Casework Supervisor 40 630 660 690 720 755 790 2. That Ordinance No. '18775 heretofore adopted on June 30, 1969, a System of Pay Rates and Ranges for the employees of the City be and said is hereby amended and modified to the extent provided herein. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: /City Clerk providing ordinance May or 340 IN THE COUNCIL OF THE CITY OF ROANOKE, ¥IRGINIA, The 22nd day of June, 1970. No. 19237. AN ORDINANCE making appropriations from the General Fund of the City of Roanoke for the fiscal year beginning July 1, 1970, and ending June 30, 1971; and declaring the existence of an emergency. WHEREAS, it is necessary for the usual daily operation of the Municipal Government that this Ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all money that shall be paid into the City Treasury for the General Fund in the fiscal year beginning July 1, 1970, and ending June 30, 1971, 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 purpose, to-wit: COUNCIL- 1 Personal Services Communications Travel Expense Dues, Memberships & Subscriptions (1) Investigations, Studies & Rewards Gratuities Employees Service Pins $ 24,000.00 600.00 500.00 6,421.00 1,000.00 600,00 Total Council 33,121.00 (1) Chamber of Commerce $ 2,250.00 Municipal League 2,871.00 State Chamber of Commerce 300.00 Shenandoah Valley, Inc. 1,000'.00 CLERK - 2 Personal Services Communications Travel Expense Advertis Dues, Memberships g Subscriptions Maintenance of Machinery & Equipment Printing C. Office Supplies Office Furniture & Equipment - Repl. (1) Office Furniture g Equipment - New 32,660.00 475.00 25.00 3,400.00 70.00 600. O0 7,000.00 47 O. O0 Total Clerk (1) One Remington Electric Typewriter MANAGER- 3 Personal Services Fees for Professional & Special Services Communicatio ns Travel Expense Education ' Advertising Rentals Dues, Memberships, Subscriptions Maintenance of Machinery & Equipment Automobile Allowance Printing g Office Supplies City Manager's Special Fund Office Furniture ~ Equipment - Repl. (1) Office Furniture ~ Equipment - New Total Manager 66,044.00 500.00 1,450.00 1,400.00 150.00 500.00 900.00 1,800.00 4,850.00 550.00 450.00 44,700.00 7 8,594. O0 (1) One Dictaphone 34! ATTORNEY- 4 Personal Services Fees for Professional & Special Services Communications Travel Expense Education Dues, Memberships & Subscriptions Maintenance of Machinery ~ Equipment Printing ~ Office Supplies Office Furniture ~ Equipment -New (1) Total Attorney (1) One Desk g Chair COMMISSIONER OF REVENUE - 6 Personal Services (1) (6) Communications (1) Travel Expence (2) * Advertising (1) Insurance (1) Rentals (1) Maintenance of Machinery & Equipment Automobile Allowance Printing & Office Supplies (1) Operating Supplies and Materials Data Processing (1) Office Furniture g Equipment - Repl. Unclassified Capital Outlay Total (1) (3) (4) (5) Commis s ioner (1) 50% Reimbursed by Commonwealth (2) Commonwealth will reimburse maximum of $60.00 per person (3) 33 1/3% reimbursed by Commonwealth (4) One Electric Adding Machine (5) One Electric 'Typewriter - 21 Inch Carriage (6) Subject to approval of State Compensation Board *To be used at local government officials conference only. ASSESSMENT OF REAL ESTATE Personal Services Fees for Professional ~ Special Services Communications Travel Expense Education Advertis Rentals Dues, Memberships ~ Subscriptions Maintenance of Machinery & Equipment Automobile Allowance Printing & Office Supplies Operating Supplies ~ Materials Motor Fuel ~ Lubricants Data Processing Office Furniture ~ Equipment - New Total Assessment of Real Estate TREASURER - 8 Personal Services (1) (9) Communications (2) Travel Expense (3) * Advertising (2) Insurance Insurance (2) Maintenance of Machinery ~ Equip merit (2) Printing & Office Supplies (2) Data Processing (2) Office Furniture & Equipment - Repl. (4) (5) (6) (7) Office Furniture & Equipment - New (4) (8) 63,632.00 12,000.00 1,050.00 500.00 100.00 500.00 150.00 1,500.00 305,00 51,787.50 1,800.00 180.00 500.00 10.00 1,024.00 1,500.00 1,140.00 9,000.00 2,500.00 10,000.00 720.00 64,282.00 4,500.00 800.00 500.00 500.00 200.00 120.00 605.00 650.00 4,680.00 2,250.00 300.00 300.00 1,000.00 51,117.50 2,000.00 180.00 1,000.00 1,200.00 14,000.00 2,500.00 21,217.00 320,00 $ 79,737.00 80, 161. 50 80,687. O0 Total Treasurer 93,534.50 342 (1) 50% Paid by Commonwealth (2) 50% Reimbursed by Commonwealth (3) Commonwealth will reimburse maximum of $60.00 per person (4) 33 1/3% reimbursement by Commonwealth (9) subject to approval of State Compensation Board (5) Two Desks (6) Two Typewriters (7) Two National Cash Registers (8) Two Adding Machines *To be ~used at local government officials conference only DELINQUENT TAX COLLECTOR - 9 Personal Services Communications Advertising Insurance Dues, Memberships & Subscriptions Maintenance of Machinery & Equipment Automobile Allowance Printing & Office Supplies Office Furniture & Equipment - Repl. Total Delinquent Tax AUDITOR - 10 Personal Services Communications Travel Expense Education Dues, Memberships & Subscriptions Maintenance of Machinery & Equipment Automobile Allowance Printing and Office Supplies Data Processing (1) 'Office Furniture & Equipment - Repl. Office Furniture & Equipment - New (2) (1) Various departments will (2) Ten Disk Packs Total Auditor be charged for data PURCHASING AGENT - 11 Personal Services Communications Travel Expense Advertising Rentals Dues, Memberships & Subscriptions Maintenance of Machinery & Equipment Printing & Office Supplies Data Processing Office FUrniture & Equipment - Repl. Total Purchasing INDEPENDENT AUDITING - l P Fees for Professional & Special Services Total Independent RETIREMENTS - 13 Police and Fire Pensions Retirement Contributions Social Security State Supplemental Retirement Group Insurance System Total Retirements Collector process lng. Agent Auditing $ 15, 288.00 225.00 100.00 108.00 75.00 150.00 300.00 911.00 $ 17,157.0( 180,148.00 2,200.00 600.00 1,200.00 500.00 4,000.00 2OO. OO 12,000.00 107,873.30 2, 100, 00 310,821.30 49,495.00 1,100.00 300.00 300.00 1,287.80 210.00 792.9O 4,248.00 1,944.00 59,677.7O 10,000, 00 10,000.00 210,000.00 700,000.00 316,824.50 4,000.00 25,000,00 1,255,824.50 343 PERSONNEL - 14 Personal Services Fees for Professional & Special Services Communications Travel Expense Education Advert is ing Dues, Memberships & Subscriptions Maintenance of Machinery & Equipment Printing ~ 'Office Supplies Total Personnel HUSTINGS COURT - 16 Personnel Services Fees for Professional g Special Services C ommunic at i OhS Uues, Memberships & Subscriptions Maintenance of Machinery g Equipment Printing g 'Office Supplies Total Hustings CIRCUIT COURT - 17 Personal Services Fees for Professional g Special Services Commu nic at io ns Dues, Memberships g Subscriptions Printing g 'Office Supplies Total Circuit LAW AND CHANCERY COURT - 16 Personal Services Fees for Professional ~ Special Services Communications Maintenance of Machinery & Equipment Printing & Office Supplies Dffice Furniture & Equipment - Repl. Court Court $27,246.00 14,000.00 65O.OO 35O.OO 100.00 400.00 375.00 148.98 1,325,00 26,379.20 2,000.00 350.00 600.00 40.00 200,00 33,o71.2d 14,8oo.oo 225.00 500.00 300,00 26,871.2o 3,500.00 225.00 lOO. OO 175,oo Total Law and Chancery Court JUVENILE AND DOMESTIC RELATIONS COURT - 19 Personal Services (1) Utilities Fees for Professional ~ Special Services Communicat ions Travel Expense (1) Education (1) Insurance Dues, Memberships & Subscriptions Maintenance of Machinery ¢ Equipment Automobile Allowame (1) Printing ~ Office Supplies Food, Medical ¢ Housekeeping Supplies 'Operating Supplies ¢ Materials Data Processing Office Furniture ¢ Equipment - Repl. Office Furniture g Equipment - New (1) 167,345.00 1,100.00 5,700.00 3,500.00 400.00 150.00 300.00 800.00 7,500.00 2,400.00 300.00 100.00 4,808.00 $ 44,594.98 29,569.20 48,896.20 30,871.20 Total Juvenile and Domestic Relations Court (1) 50% reimbursed by Commonwealth of Virginia 194,403.00 344 MUNICIPAL COURT - 20 Personal Services ~ Fees for Professional & Special Services Communications Travel Expense Dues, Memberships & Subscriptions Maintenance of Machinery ~ Equipment Printing & Office Supplies Df£ice Furniture ~ Equipment - Repl. Dffice Furniture & Equipment - New (1) $132,652.00 300.00 1,450.00 300.00 500.00 700.00 3,000.00 165.00 Total Municipal Court (1) Five Drawer Legal file with lock LUNACY COMMISSIONS - 21 Fees for Professicnal& Special Services (1) Travel Expense 6,000.00 ... 150, 00 Total Lunacy Commissions (1) Section 37.1-89 State Code Attorneys Receive $25.00 Per Commission Physicians Receive $50.00 Per Day COMMONWEALTH'S ATTORNEY - 22 Personal Services (1) (4) Communications (2) Travel Expense (3) * Educati, on Dues, Memberships & Subscriptions Maintenance of Machinery & Equipment (2) Printing ~ Office Supplies (2) Office Furniture & Equipment-- Repl. Office Furniture & Equipment - New 26,137.50 1,250.00 120.00 80.00 550.00 Total Commonwealth's Attorney (1) (2) (3) 50% Paid By Commonwealth 50% Reimbursed by Commonwealth Commonwealth of Virginia Will Reimburse Maximum of $60.00 Per Person (4) Subject To Approval of State Compensation *To Be Used At Local Government .Officials Conference Only SERGEANT- 23 Personal Services (1) (6) Communications (2) Travel Expense (3) * Insurance. Dues, Memberships & Subscriptions Maintenance of Machinery & Equipment (2) Automobile Allowance (2) Printing ~ Office Supplies (2) Office Furniture & Equipment- Repl. (4) (5) 34,701.66 1,500.00 180.00 50.00 250.00 8,500.00 1,lOC,CO 22S,00 Total Sergeant (1) (2) (3) (4) (5) (6) 2/3 Paid by the Commonwealth 2/3 Reimbursed by the Commonwealth Commonwealth of Virginia will reimburse Maximum of $60.00 Per Person One Bookcase Eight Chairs Subject To Approval Of State Compensation Board * To Be Used At Local Government Officials Conference Only. $139,067.00 6,150.00 28,137.50 46,506.66 345 CLERK OF COURTS - 25 Personal Services (1) Communications Travel Expense Insurance Rentals Dues, Memberships & Subscriptions Maintenance .of Machinery & Equipment Printing ~ Office Supplies Uperating Supplies ~ Materials 9ffice Furniture & Equipment - Repl. Office Furniture ~ Equipment - New Total Clerk of Courts (1) Salaries Except Clerk of Courts Subject To Approval of State Compensation Board JAIL- 26 Personal Services (1) (3) Utilities (2) Fees for Professional C~ Special Services Communications (2) Maintenance of Machinery & Equipment (2) Printing ~ Office Supplies (2) Clothing ~ Personal Supplies (2) Cl.6thing for~'Work Gang Food, Medical ~ Housekeeping Supplies Food Supplies (2) Medical ~ Housekeeping Supplies (2) Operating Supplies ~ Materials (2) $107 1 ,160.00 ,500.00 200.00 7,300.00 4,600.00 85.00 815.00 6,135.00 12,130.00 43,935.01 950.00 8,000.00 500.00 650.00 800.00 1,000.00 75O.O0 38,000.00 6,500.00 $139,925.00 Total Jail (1) 2/3: Paid By Commonwealth (2) Reimbursed by Commonwealth of Virginia On Basis of Cost Per Prisoner Day. (3) Salaries Subject To Approval of State Compensation Board 101,085. O1 JUVENILE DETENTION HOME - 27 Personal Services (1) Utilities (2) Fees For Professional ~ Special Communications (2) Travel Expense (2) Insurance Dues, Memberships & Subscriptions (2) Maintenance of Machinery g Equipment Automobile Allowance (2) Printing ~ Office Supplies (2) Clothing C~ Personal Supplies (2) Food, Medical ~ Housekeeping Supplies -Operating Supplies C. Materials (2) Motor Fuel ~ Lubricants (2) Other Equipment - Repl. Other Equipment - New Services (1) (2) (2) Total Juvenile Detention Home (1) 66 2/3 Reimbursed By Commonwealth (2) 100% Reimbursed By Commonwealth 111,721.00 3,100.00 3,000.00 600.00 625.00 15.00 15.00 75.OO 50.00 450.00 2,750.00 17,600.00 3,000.00 150.00 143,151.00 346 ROANOKE CITY HEALTI] .DEPARTMENT - 31 Salaries Wages Special Payment Contractual Services Supplies Equipment Rent Rent - Equipment Insurance Travel Payment To ~ate Health FICA 4.8% (1970) 5.2% State & City Retit~nent Department (1971) 3.09 (1969-70) 2.91 (1970-71) Group Insurance City of Ro'anoke Retirement System 9.08% Of Salaries Total Roanoke City City of Roanoke 45% Health OTHER HEALTH. AGENCIES - 32 HELP, Inc. Roanoke Guidance Center Roanoke Valley Mental Health Total Other Health Agencies HOSPITALIZATION - 35 Fees For Professional & Special Services In-Patient Hospitalization ~Out-Pat ient Hospitalization Excess of State Matching Allotment Contributions to Hospitals Total Hospitalization PUBLIC ASSISTANCE - 37 $545,160.00 13,000. O0 53,976. O0 16,400.00 90,000. O0 39,000. O0 2,000. O0 100.00 22,500. O0 782,136.OO 13,504. O0 16,017.83 1,525.24 Department 15,570.00 21,435.79 20,009, 54 58,748.00 14~688~00 601000~00 7,ooo, oQ Personal Services 60% 498,719.5o Fees For Professional & Special Services 60% 16,700.00 Communications 60% 7,800.00 Travel Expense 60% 1,600.00 Education 60% 1,500.00 Rentals 60% 16,840.00 Dues, Memberships & Subscriptions, 60% 250.00 Maintenance of Machinery g Eq.uipment 60% 1,500.00 Foster Care 50% 525,300.00 6eneral Relief 62 1/2% 138,600.00 Old Age Assistance 84% 803,208.00 Aid To Dependent Children 84.1% 2,364,732.00 Aid To Dependent Children - WIN 90% 163,316.00 Aid To Permanently g Totally Disabled 83.15% 481,272.00 Aid To Blind 84% 42,636.00 Emergency Relief 20,000.00 Medical Assistance To The Aged 85:.77% Aid To Dependent Children-Foster ,Care 86.89% 15,300.00 Day Care - Not Win 90% 40,000.00 Automobile Allowance 60% 600.00 Printing & Office Supplies 60% 9,200.00 Motor Fuel & Lubricants 60% 2,100.00 Data Processing 60% 2,400.00 Burial of Paupers 600.00 Office Furniture & Equipment - Repl. 60% Vehicular Equipment- Repl. 60% Office Furniture & Equipment - New 60% Vehicular Equipment - New 60% Total Public Assistance Percentage Stated Is Portion Reimbursed By Commonwealth, Except Salary Of Director Is 100% City. $813,183.07 365,932.38 57, O15.33 140,436. O0 5,154,173.50 CITY HOME - 39 Personal Services $192,831.00 Ut il it ies 5,500. O0 Fees For Professional and Special Services 15,950.00 Communic at i.ons 200. O0 Travel 150.00 Ins urance 287.00 Maintenance of Machinery & Equipment 50.00 Printing & Office Supplies 250.00 Clothing G Personal Supplies 1,500.00 Food, Medical G Housekeeping Supplies 44,500.00 Operating Supplies G Materials 4,000.00 Motor Fuel & Lubricants 300.00 Office Furniture & Equipment - Repl. Other Equipment - Repl. (1) 300.00 Office Furniture 5 Equipment - New Other Equipment - New Total City Home (1) 'One Milk Dispenser DISTRIBUTION OF SURPLUS COMMODITIES - 40 Personal Services 24,626.00 Utilities 1,800.00 Communications 150. O0 gentaSs 2,280.00 Printing g Office Supplies 250.00 Food, Medical & Housekeeping Supplies 250.00 Operating Supplies & Materials 100.00 Office Furniture - New Total Distribution of Surplus POLICE DEPARTMENT- 45 Personal Services Funeral Escorts Court Attendance Overtime Fees For Professional & Special Services Communic ations Travel Expense Education Insurance Dues, Memberships & Subscriptions Maintenance of Machinery & Equipment Printing & Office Supplies Clothing g Personal Supplies (1) Operating Supplies & Materials Motor Fuel & Lubricants Data Processing Buildings g Fixed Equipment -New Office Furniture & Equipment Vehicular Equipment - Repl. Other Equipment - Repl. (2) (3) Other Furniture & Equipment - New (4) (5) (6) Additional Vehicular Equipment -New Other Equipment - New (7) (8) (9) Investigatbns, Studies and Rewards Total Poi ice (1) $100.00 Per Year Paid To Each Non-Uniform (2) 150 Holsters and Cartridge Pouch (3) 15 Twelve-Gauge Shotguns (4) 20 Gas Mas ks (5) '2 Dictating Machines (6) 70 Riot Control Helmets (7) 1 Tear Smoke Generator and Formulation (8) 10 Electric Shotgun Locks (9) 121 Mace Projectors Commodities 1,374,127. O0 6,500. O0 11,500. O0 21 , 500. O0 3,500.00 1 O, 235. O0 1 , 000. O0 6,000.00 105. O0 1 , 000. O0 1 , 000. O0 ~6,700. O0 30,081.5'0 1 O, 950. O0 19,, 420. O0 ,828. O0 2,850. O0 4,~ 819. O0 3,251.00 1,000, 00 Officer $265,818.00~ 29,456.00 1,516,366.50 348 MEDICAL EXAMINER - 46 Fees For Professional & Special Services Totai Medical Examiner FIRE DEPARTMENT - 47 Personal Services Utilities Communications Travel Expense , Education Rental s Dues, Memberships 5 Subscriptions Maintenance of Machinery & Equipment Automobile Allowance Printing 5 Office Supplies Clothing a,nd Personal Supplies (1) Food, Medical 5 Housekeeping Supplies Operating Supplies ~ Materials Motor Fuel 5 Lubricants Office Furniture 5 Equipment - Repl. Vehicular Equipment - Replacement Other Equipment - Repl. (2) : Office Furniture & Equipment - New Vehicular Equipment - Additional 'Other Equipment - New (3) Total Fire Department (1) $100.00 Paid To Each (2) 20 Fire Hose Nozzles (3) Fire Hose Employee Per Ye ar DEPARTMENT OF BUILDINGS - 48 Personal Services Fees for Professional ~ Special~ Services Communications Travel Expense Insurance Dues, Memberships & Subscriptio,ns Maintenance Of Machinery 5 Equi,pment Automobile Allowance Printing 5 :Office Supplies Operating Supplies & Materials Motor Fuel and Lubri6ants Total Depar~men~ of Buildings AIR POLLUTION CONTROI~- 49 Personal Services Communications Travel Expense Dues, Memberships and Subscriptions Maintenance of Machinery 5 Equipment Printing A Office Supplies, Operating Supplies 5 Materials Motor Fuel ~. Lubricants ~Office Furniture ~ Equipment - New (1) Other Equipment - New Total Air Pollution Control (1) One Desk and Chair ARMORY - 50 Personal Services Utilities InsUrance Food, Medical 5 Housekeeping Supplies Operating Supplies 5 Materials Other Equipment - Repl. Total Armory $4,000.00 1,516,161.00 8,175.00 3,900.00 750.00 1,000.00 50.00 325.OO 10,000.00 2,400.00 900.00 20,200.00 4,000.00 6,300.00 3,000.00 4,000.00 3.000.00 B7,652.00 5,000.00 1,000.00 BO0.O0 469.29 212.00 7,5.00 2,540.00 9OO. OO 100.00 300,00 15,072.00 400.00 472.00 50.00 400.00 125.00 200.00 125.00 250.00 5,050.00 7,000.00 500.00 200.00 $4,000.00 1,583,761.00~ 99,048.29 17,094.00 12,750.00 11 o49 LIFE SAVEING CREWS - 51 Personal Services Utilities Communications Insurance Dues, Memberships A Subscriptions Maintenance of Buildings A Property Maintenance of Machinery & Equipment Printing & Office Supplies Food, Medical & Housekeeping Supplies 'Operating Supplies & Materials Motor Fuel & Lubricants Office Furniture & Equipment 1,200.00 2,000.00 1,050.00 725.00 60.00 5O0.00 200.00 100.00 1,000.00 6,000.00 900.00 Total Life Saving Crews For Support of Roanoke, Williamson Road and Hunton Life Saving Crews. CIVIL DEFENSE - 52 Personal Services OperatingSupplies g Materials 14,700.00 14,228, O0 Total Civil Defense Partially Reimbursed By Federal and State Governments. ENGINEERING- 55 Personal Services Fees For Professional ~ Special Services Communications Travel Expense Education Ins uranc e Dues, Memberships & Subscriptions Maintenance of Machinery ~ Equipment Automobile Allowance Printing ~ Office Supplies Operating Supplies ~ Materials Motor Fuel ~ Lubricants Office Furniture ~ Equipment - Repl. Vehicular Equipment - Repl. Office Furniture & Equipment - New Operational ~ Construction Equipment - New 202,931.00 18,000.00 1,900.00 900.00 5OO.0O 15.00 110.00 1,000.00 600. O0 1,000.00 4,700.00 1,100.00 Total Engineering PUBLIC WORKS - 56 Personal Services Communications Travel Expense Education Insurance Dues, Memberships & Subscriptions Maintenance of Machinery 5 Equipment Printing 5 Office Supplies Operating Supplies 5 Materials Motor Fuel 5 Lubricants Vehicular Equipment Office Furniture 5 Equipment 31, 028.00 650.00 600.00 200.00 30.00 35O. OO 100.00 800.00 500.00 250.00 Total Public Works TRAFFIC ENGINEERING A COMMUNICATIONS - 57 Personal Services Utilities Communications Travel Expense Education Insurance Rentals Dues, Memberships ~ Subscriptions Maintenance Of Building ~ Property Maintenance Of Machinery & Equipment Printing ~ Office Supplies Food, Medical ~ Housekeeping Supplies 196, 8, 6, 1, 5, 426.OO 500.00 750.00 350.00 2O0.00 O18. O0 340.00 150.00 200.00 525. O0 540.00 280.00 HIGHWAY SAFETY COMMISSION - 54 13,735. O0 28,928. O0 232,756.OO 34,508.00 Travel Expense 50.00 35O Operating Supplies & Materials Motor Fuel & Lubricants Supplies & Materials - Construction '0ffice Furniture & Equipment - l{epl. Vehicular Equipment - Repl. 'Operational & Construction EquiP. - Repl. Other Equipment - Repl. 'Office Furniture & Equipment - New Operational & Construction Equipment - New Other Equipment - New $ 12,000.00 1,400.00 1,000.00 STREET Total Traffic 'Engineering REPAIR- 58 Communications Personal Services Utilities Communications Rental of Equipment Maintenance of Buildings Maintenance of Machinery Property (1) Equipment Printing & 'Office Supplies Food, Medical & Housekeeping Supplies 'Operating Supplies ~ Materials Motor Fuel & Lubricants Vehicular Equipment - Repl. Operational ~ Const. Equip. - Repl. 351,186.00 1,000.00 700.00 350,000.00 200.00 350.00 900.00 4,500.00 8,500.00 Total Street Repair (1) $250,000 For Blacktop STREET SIGNS 5 M Personal Services Communications Maintenance of Machinery ARKINGS - 59 ? Equipment Printing & Office Supplies Food, Medical g Housekeeping Supplies Operating Supplies & Materials Mot6r Fuel & Lubricants Vehicular Equipment - Repl. Vehicular Equipment - AdditionaI 54,358.00 200.00 650.00 100.00 120.00 38,000. O0 800.00 Total Street Signs & Markings STREET LIGHTING- 61 Utilities Maintenance of Machinery & Equipment Building & Fixed Eq~pment - Replacement 183,190.00 500.00 7,800,00 Total Street Lighting SNOW AND ICE REMOVAL - 62 Over time Rentals Operating~Supplies & Materials Motor Fuel g Lubricants Operational & Construction Equip. - Repl. (1) 35,000. O0 10,000. O0 20,840. O0 1 , 000.00 2,200,00 Total Snow and Ice Removal (1) Two Snow Plows MUNICIPAL BUILDING - 63 Personal Services Utilities Fees For Professional & Special Services Communic at i~)ns Insurance Rentals Maintanance of Machinery ~ Equipment Clothing & Personal Supplies Food, Medical A Housekeeping Supplies Buildings A Fixed Equipment Office Furniture & Equipment (1) Operational ~ Construction'Equipment - New (2) 74,460.00 26,450.00 16,100. O0 275. O0 575.00 17,000.00 40.00 1 O, 000. O0 275. O0 475,00 Total Municipal Building (1) Chair, arm high back, judge's type (2) Industrial wet/dry vacumn cleaner $ 234,679. O0 717,336.00 94,228.00 191,490.00 69,040. O0 145,650.00 35i MAINTENANCE OF CITY PROPERTY - Personal Services Utilities Fees For Professional & Special Services Communicat ions Insurance Rentals Dues, Memberships ~ Subscriptions Maintenance of Building ~ Property Maintenance of Machinery g Equipment Printing & Office Supplies Clothing ~ Personal Supplies Food, Medical ~ Housekeeping Supplies Motor Fuel & Lubricants Vehicular Equipment - Repl. Operational & Construction Equip. - Repl. Vehicular Equipment - New Operational ~ Constructim Equip. - New Other Equipment - New Total Maintenance of City AIRPORT - 65 Personal Services Utilities Fees For Professional ~ Special Services Communications Travel Expense Education Insurance Rentals Dues, Members.hips & Subscriptions Maintenance of Buildings ~ Property Maintenance of Machinery ~ Equipment Automobile Allowance Printing ~ 'Office Supplies Food, Medical ~ Housekeeping Supplies 'Operating Supplies ~ Materials Motor Fuel ~ Lubricants Supplies ~ Materials - Construction Motor Fuel ~ Lubricants - Resale Vehicular Equipment -.New Operational ~ Construction Equip. - Repl. Other Equipment - Repl. (1) Building & Fixed Equipment - New Office Furniture ~ Equipment - New Operational & Construction Equip. - New Other Equipment - New (2) Total Airport (1) 1 - 8-Cu. Yd. Refuse Cannister (2) 1 - 8-Cu. Yd. Refuse Cannister MARKET - 66 Personal Services Utilities Communications Travel Expense Education Re nt al s Dues, Memberships ~ Subscriptions Maintenance of Machinery & Equipment Automobile Allowance Printing & Office Supplies Operating Supplies ~ Materials Motor Fuel ~ Lubricants Office Furniture & Equipment - Repl. Other Equipment - Repl. Food, Medical g Housekeeping Supplies 64 Property 226,446.00 80.00 600.00 750.00 16,500.00 900.00 50.00 197,190.00 150.00 550.00 350.00 1,430.00 166,169.00 18,000.00 1,000.00 4,100.00 500.00 500.00 3,500.00 7,000.00 175.00 30,000.00 1,000o00 480.00 700.00 6,000.00 8,000.00 1,000.00 5,000.00 200,000.00 5OO. OO 500,00 7 O, 566. O0 12,075. O0 225. O0 300.00 200.00 5.00 75.00 100.00 360.00 650. CO , 500.00 200.O0 2,100,00 $ 444,996.00 454,124.00 Total Market 87', 356. O0 352 SEWER MAINTENANCE - 67 Personal Services $ 151,933.00 Utilities 50.00 Rentals 1,000.00 Maintenance of Building & Property 29,000.00 Maintenance of Machinery C. Equipment 1,000.00 Operating Supplies & Materials 7,000.00 Motor Fuel ~ Lubricants 1,200.00 Vehicular Equipment - Repl. Operational ~ Construction Equip. - New Total Sewer Maintenance STREET CLEANING - 68 Personal Services 181,933.00 Communications 150.00 Maintenance of Machinery & Equipment 3,000.00 Food, Medical & Housekeeping Supplies 100.00 Operating Supplies ~ Materials 3,600.00 Motor Fuel ~ Lubricants 5,000.00 Vehicular Equipment - Repl. Vehicular Equipment - New Total Street Cleaning REFUSE COLLECTION & DISPOSAL - 69 Personal Services 933,251.00 Ut ilities 6,000. O0 Fees For Professional & Special Services Communications 950.00 Rent als 1,500. O0 Maintenance of Machinery & Equipment 200.00 Printing ~ Office Supplies 350.00 Clothing & Personal Supplies Food, Medical & Housekeeping Supplies 900.00 Operating Supplies & Materials 14,000.00 Motor Fuel & Lubricants 33,000.00 Supplies & Materials - Construction 16,000.00 Office Furniture & Equipment - Repl. Vehicular Equipment - Repl.. Operational & Construction Equip. - Repl. Office Furniture & Equipment':- New Vehicular Equipment - New (1) 22,000.00 Operational & Construction Equip. _ New Total Refuse Collection & Disposal (1) Dumpmaster GARAGE - 71 Personal Services Utilities Communications Insurance Maintenance Of Machinery Equipment Printing & Office Supplies Food, Medical & Housekeeping Supplies Operating Sdpplies & Materials Motor Fuel & Lubricants Office Furniture & Equipment Other Equipment - New Total Garage RECREATION, PARKS AND RECREATIONAL Personal Services Utilities Fees For Professional C. Special Services Communications Travel Expense Advertising Insurance Rentals D~ues, Memberships & Subscriptions Maintenance of Buildings & Property Maintenance of Machinery & Equipment Automobile Allowance 274,224.00 6,200.00 675.00 33,100.00 185,000.00 900.00 550.00 6,500.00 1,200.00 AREAS-75 404,127.00 22,000.00 1,650.00 2,750.00 750.00 500.00 725.00 650.00 150.00 1,050.00 8,000.00 2,160.00 $ 191,183.00 193,71~.00 1,028,151. O0 508,349.00 353 Printing & 'Office Supplies Food, Medical & Housekeeping Supplies Operating Supplies & Materials Motor Fuel & Lubricants Supplies & Materials Other Equipment - Replacement (1) Buildings & Fixed Equipment - New (2) Vehicular Equipment Other Equipment - New (3) Land - Right of Way Total Parks and Recreation 1,500. O0 5,000. O0 22,545. O0 1 , 800. O0 750.00 3,000.00 20,360.00 $499,467.00 (1) One P. A. System with Record Player (2) Night Light Basketball Court at Eureka Park Night Light Basketball Court at Melrose Park (3) 72 folding Chairs for Norwich Park Center To upgrade recreation equipment in various parks STADIUM & ATHLETIC FIELD - 76 Personal Services Utilities Communications Advertising & Promotion Insurance Food, Medical & Housekeeping Supplies Operating Supplies & Materials Other Equipment - Replacement Buildings& Fixed Equipment Other Equipment - New Total Stadium & Athletic Field 22,664.00 12,300.00 250.00 1,000.00 600.00 1,000.00 3,000.00 40,814. O0 CIVIC CENTER - 77 Personal Services Utilities Fees For Professional & Special Services Communications Travel Expense Education Advertis ~nsurance Rentals Dues, Memberships & Subscriptions Maintenance of Buildings & Property Maintenance of Machinery & Equipment Automobile Allowance Printing & Office Supplies Clothing & Personal Supplies Medical & Housekeeping Supplies Canteen Purchases Operating Supplies & Materials Motor Fuel & Lubricants Supplies & Materials - Construction Spe6ial Promotion Fund Promotion Building & Fixed Equipment (1) Office Furniture ~ Equipment (2) Vehicular Equipment (3) Other Equipment (4) Total Civic Center 138,348.00 28,000.00 200.00 3,200.00 3,000.00 3OO. OO 15,000.00 9,000.00 2,500.00 300.00 3,000.00 1,500.00 600.00 2,500.00 500.00 7,000.00 20,000.00 9,000.00 300.00 1,000.00 20,000.00 450.00 2,000.00 4,265.00 3,000.00 16,950,00 291,913.00 (1) (2) Miscellaneous Items Needed To Open The Civic Center One 77" x 18" Work Table (with filing space and pedestal arrangement) One 60" x 30" Office Work Table O.e 45" x 30" Office Work Table One 60" x 30" Secretarial Desk (with elevator mechanism.) One 7B" x 36" Desk One 60" x 30" Desk One 45" x 30" Desk One Electric Adding Machine One Duplicating Machine One Postage Meter Three Lamps Twelve Box Office Stools Two 4-Drawer File Cabinets Three 30" x 30" End Tables Five Side Chairs Three Side Chairs Two Swivel Chairs Three Secretarial Chairs 354 (3) (4) 'One Automobile (station ~agon) Four 8-Cubic Yard Dumpmas.ters Four Hundred (400) pairs ,of ice skates Two Floor Maintainers~ Two Power Lawnmovers & Attachments, etc. Miscellaneous Tools Additional Homos ote One Litter Vac. Miscellaneous Equipment (Ladders, Wheelbarrows, Mobile Receptacles, Sandurns, First Aid Cots, Ice Flooding Trade Show Panels & Drop,, etc. VIRGINIA WESTERN COMMUNITY COLLEGE - 79 Contribution 27,357.00 Total Virginia Western Community College LIBRARIES - ~0 Personal Services Utilities Communications Travel Expense Insurance Rentals DUes, Memberships & Subscriptions Maintenance of Machinery C~ Equipment Automobile Allowance Printing ~ Office Supplies Food, Medical ~ Housekeeping Supplies Operating Supplies ~ Materials Motor Fuel .& Lubricants Office Furniture ~ Equipment - New Other Equipment - New 274,009. O0 13,000. O0 2,300. O0 700.00 27.41 2,900. O0 450. O0 4,500.00 240.00 5,000. O0 3,000. O0 110,000. O0 200. O0 Total Libraries $10,000.00 To Be Donated To Library Foundation By Tompkins Estate PLANNING COMMISSION - 83 Personal Services ~3 Fees For Professional & Special Services 28 Neighbor. Development Program Communications Travel Expense 2 Education Dues, Membersh~s & Subscriptions 1 Maintenance of Machinery & Equipment Automobile Allowance Printing & Office Supplie~ 3 Operating Supplies & Materials Motor Fuel & Lubricants Office Furniture & Equipment - Repl. Office Furniture ~ Equipment - New ,728.00 ,857.95 850.00 ,200.00 300.00 ,300.00 225.OO 100.00 ,500.00 750.00 140.00 Total Planning Commission BOARD OF ZONING APPEALS - 84 Personal Services Communications Travel Expense Advertis lng Dues, Memberships ~ Subscriptions Maintenance of Machinery & Equipment Printing & Office Supplies Office Furniture ~ Equipment - New 5,690.00 175.00 150.00 500.00 60.00 45.00 305.00 Total Board of Zoning Appeals ELECTORAL BOARD - 85 Personal Services Fees For Professional 5 Special Communications Travel Expense Ins ur an ce Rentals Services 27,354.00 15,130.00 725.00 150.00 1,050.00 18,128.00 M~p Hose, Carts, Waste Practice Goals). $ 27,357.00 416,326.41 111,950.95 6,925.00 355 Dues, Memberships ~ Subscriptions Maintenance of Machinery & Equipment Automobile Allowance Printing ~ Office Supplies Operating Supplies & Materials Data Processing Office Eogipment (1) 180.00 1,200. O0 125. O0 7,500. O0 1,600. O0 850.00 480, 00 Total Electoral Board (1) One Electric Typewriter - 13 inch carriage STREET CONSTRUCTION - ~)7 Personal Services Maintenance Of Buildings G Property * Operating Supplies g Materials Motor Fuel ~ Lubricants Supplies ~ Materials - construction Operatimal ~ Construction Equil~- Repl. Operational ~ Construction Equip. - New Land - Rights of Way 75,391.00 25,000.00 1,500.00 1,500.00 92,000.00 5,000, O0 Total Street Construction * To Be Matched 50% By Property Owners SEWER AND DRAIN CONSTRUCTION - 88 Personal Services Operating Supplies g Materials Motor Fuel & Lubricants Supplies g Materials - Construction Vehicular Equipment Operational ~ Construction Equip. - New Land - Rights of Way 84,461.00 2,000.00 1,200.00 44,000.00 500,00 Total Sewer and Drain Construction NON-DEPARTMENTAL - 91 Court Cos ts Persmal Injuries Damages To Property Damages By Dogs Workmen's Compensation (1) Fees For Professional ~ Specihl Services (1) State Tax (1) Property Puxchased Under Tax Sales Refund Taxes Refund Assessments Refund Accounts Refund Fines Annexation Annexation Decree 1965 - Loss of Revenue Annexation Decree 1967 - Loss of Revenue Annexation Decree 1968 - Loss of Revenue 500.00 1,000.00 1,000.00 200.00 6,000.00 20,000.00 1,200.00 I,O00.O0 25,000.00 1,500.00 25,000.00 2,000.00 250,000.00 29,279.71 3,196.77 29,250,28 (1) Total Non-Departmental Workmen's Compensation SERIAL BOND MATURITIES Ser Set Set Ser Ser Ser Set Set Ser Ser Ser Ser Ser Ser les "GG" Due March 15 les "II" Due June 15 les "JJ" Due June 15 les "KK" Due August les "DD" Due August 15 les "KK" Due September 15 les "DD" Due October 1 les "EE" Due October 1 les "FF" Due October 1 les "B" Due December 1 les "C" Due December 1 les "KK" Due December 1 les "LL" Due December 15 es A-1 Total Serial Bond Maturities 57,000.. 00 58,000. O0 45,000. O0 130,000.00 7 O, 000. O0 80,000. O0 70,000. O0 14,000.00 5,000. O0 20,000. O0 17,000. O0 100,000.00 28,000, O0 $ 74,472.00 200,391.00 132,161. O0 396,126.76 694,000.00 356 TEMPORARY LOAN - 93 Temporary Loan Total Temporary Loan 500. 000. O0 REDEMPTION OF OTHER LONG TERM DEBT - 94 School Literary Loan 1949 Annexation Debt 1965 Annexation Debt Water Department Loan (Hangar) 1968 Annexation Debt Total Redemption Of Other Long Term 16,750.00 7,505.08 4,480.77 15,887.68 Debt INTEREST ON INDEBTEDNESS - 95 Interest on School Library Loan Interest on Serial Bonds Interest on Water Departmeni Loans Paying Agents Fees Cost of Bond Issue & Cremation Interest on Co. of Roanoke Debt'(1949) Interest on Co. of Roanoke Debt (1965) Interest on Temporary Loans Total Interest on Indebtedness 3,015. O0 823,255.63 10,888.89 1,100. O0 20,000.00 299.11 1,563.47 675,000, O0 TERMINAL LEAVE - 978 Terminal Leave Total Terminal Leave 30,000, 00 T.OT AL APPROPRIATION $24,570,651.59 SCHOOLS - ADMINISTRATION - 1000 Personal Services Supplies, Stationery, Printing, Etc. Postage, Telephones and Telegrams Contracted Services, Payroll and Personnel Reports and Publications School Census Administrative Travel 272,302.00 7,250. O0 9,280. O0 2,377. O0 3, lO0. O0 2,500.00 4,000, O0 Total SchOol-Administration SCHOOLS - INSTRUCTION - 2000 Personal Services Instructional Supplies Textbooks Travel Expense - State Aided EmPloyees Blue Ridge ET¥ - Operating Costs Accreditation - Regional Driver Training - Operation and Upkeep Champerones For Literary & Athletic Commencement Costs Travel and Conference Attendance Teacher Procurement In-Service Training Data Processing - Pupil Records Activit~s 9,917,888.00 234,008.00 119,109.00 5,000.00 49,500.00 5,695.00 900.00 3,200.00 2,000.00 24,012.00 900.00 33,175.00 19.000.00 Total School-Instruction Personal Travel SCHOOLS Services - ATTENDANCE SERVI6ES - 3000 Total SchoOl-Attendance Services 64,912.00 4,282,00 SCHOOLS - HEALTH SERVICES - 4000 Personal Services Supplies 8,243.00 800,00 Total SchoOl-Health Services $3,500,000.00 44,623.53 1,535, 117.10 30,000. O0 300,809.00 10,414,387. O0 69,194.00 9,043. O0 357 SCHOOLS - PUPI~ TRANSPOI{rATION - 5000 Personal Services Supplies Maintenance of Equipment Vehicular Equipment (1) Tranportation Insurance Transportation By Contract $ 7,087.50 880.00 1,500.00 2,500.00 700.00 70,920,50 Total School-Pupil Transportation (1) One Carry-All Bus, 9 passenger SCHOOLS - OPERATION. OF PLANT- 6000 Personal Services 808,394.15 General Building Supplies 68,000.00 School Telephones 31,800.00 Fuel and Power 200,000.00 Gas 3,200.00 Water 21,000.00 UpKeep and Operation of Vehicles 2,500.00 Contingencies 6,565,85 Total School-Operation of Plant SCHOOLS - MAINTENANCE OF PLANT g EQUIPMENT - 7000 Personal Services 396,901.90 Maintenance of Buildings 120,133.00 Vehicular Equipment (1) 9,900.00 Replacement of Maintenance and Equipment (2) 4,150.O0 Maintenance of Instructional & Office Equipment 62,773.00 Office Furniture & Equipment (3) 4,300.00 Operational Equipment (4) 29,849.00 Repairs To Furniture & Kquipment 1,500.00 Replacement of Office Furniture (5) 1,445.10 Replacement of Classroom Furniture (6) 7,414,00 Total School-Maintenance of Plant (1) Three- 1971 General purpose vehicles (Jeep, (2) Scaffold g Rigging Equipment P'ower Hack Saw One Tractor Lawn Mower Three Power Lawn Mowers (3) Electric Typewriters Manual Typewriters Duplicators Addings Machines (4) Three Filmstrip Projectors Nine 16 mm Movie Projectors One Opaque Projector Six Record Players Two Transparency Projectors Seven Tape Recorders Eight T. V. Receivers Thirty Manual Typewriters Ten Gym Mats Three Gymnastic Horses One Record Player Replacement of Vacuum cleaners, in Home Economics departments where needed. One Heavy Duty portable Drill One Electric Drill One Portable Belt Sander One Math Typewriter Band and String Music Instruments (5) (6) One Sander Six Electric Saws One Miter Box Six Hair ClAppers One Lathe Duplicator One Bench Grinder Other Pieces of Small Hand Equipment Misc. Furniture Miscellaneous Classroom Furniture - Equipment Scout, or Bronco) $ 83,588.00 1,141,460.00 638,366.00 Desks, Cha irs, Tables, etc. dishes, sewing machines, small rugs, etc. of certain junior and senior high schools 358 SCHOOLS - FIXED CHARGES - 8000 Personal Services Retirement System Contributions Social Security- Others Insurance Rentals Insured Deposit Service $ 3,200.00 94,208. O0 19,712. O0 57,930. O0 9,060. O0 5,000, O0 Total School-Fixed Charges SCBOOLS - FOOD SERVICES - 9000 Person.al Services Supplies Food Retirement System Contributions Maintenance - Repairs Maintenance of Equipment Replacement of Equipment (1) Exterminating Services Insured Deposit Services Inventory Control- Data Processing Storage Operation of Cafeter ia Trucks Telephones, Postage and Travel 504,836.60 19,130.00 547,521.40 41,017.00 9,950.00 6,000.00 6,585.00 600.00 5,000.00 2,000.00 7,200.00 2,000.00 2.712.00 Total School-Food Services (1) 'One Steam Table Three Refrigerators One Stove Two Milk Boxes Two Cash Registers SCHOOLS - SPECIAL ~INST~UCTION - 11-000 Personal Supplies G. E. D. Travel Services Program 192,218.20 673.00 1,581.80 1,200,00 Total Special~ Instruction-Schoo1 SCHOOLS - IMPROVEMENTS & BETTERMENTS - 12-000 Improvements g Betterments Office Furniture & Equipment (1) Vehicular Equipment Instructional Equipment (2) 32,704. O0 12,243. O0 Total School-Improvements & Betterments (1) (2) Two Manual Typewriters Three Electric Typewriters Two Automatic Copiers Four Duplicators Two Typing Stands Six Adding Machines One Printing Calculator Misc. Office Furniture 9 Projectors 19 Tape Recorders 5 Tape Players 11 Listening Stations 1 Splicer (16 mm) 14 Screens 5 Microphones 1 Dry Mount Press & Irons 3 Filmstrip Viewers 20 Rotary Slide Holders 6 Record Players 10 Color Television Receivers 10 Television Stands 10 Indoor Antennas 1 Switch fader 3 Potters' Wheels 20 Table Easels 4 Wall Racks 5 Display Units 2 Projectors, Carousel 1 Dissolve Unit 189,110.00 1,154,552.00 195,673.00 196,800.00 359 22 Electric Typewriters 5 Manual Typewriters 6 Calculators 4 File 6 Storage Cabinets 10 Typewriting Desks 10 Secretarial Chairs 2 Shorthand Laboratories 1 Demonstration stand 2 Screens 1 Bookkeeping Machine 1 Projector 2 Record Players 5 Adding Machines 1 Tape Recorder 1 Typewriter, with Spanish Symbols 1 Mobile Language Laboratory 2 Conversion Kits 18 Climbing Ropes 10 Gym Mats 4 Record Players Occupational Food Services Equipment Other Miscellaneous equipment 1 M. iller Spot Welder 2 pr. - Tongs for spot Welder 1 Electronic Vacuum Tube 1 Auxiliary Diode Probe 10 Drafting Machines i Knife Grinder Attachment 1 Strip Heater 1 Arm S aw 2 Welders 3 Storage Cabinets 1 Aural Reading Laboratory 1 Foot Pedal Attachment for Tape 1 Tach x Tachistoscope 1 Controlled Reader 1 EDL Tachistoscope 14 Desk Calculators 2 Math Typewriters 1 Movable Typewriter Stand Band and String Instruments Choir Robes Risers Miscellaneous Equipment 17 Microscopes 1 Projector For Slide and Filmstrips 1 Audio Flash Card System 1 Wall Screen 1 Listening Station 1 Overhead Projector 1 Table for Projector 1 Phonic Mirror 1 Language Master 1 Peabody Kit 2 Tape Recorders 1 Slide Projector 250 ft. Map Racks 3 Manual Typewriters 5 Filing Cabinets 1 Microphone Stand 1 Typewriter Table 1 Lectern 1 Hole Punch 1 Filmstrip Cabinet 1 Duplicating Machine 2 Engines 1 Ship Analyzer 1 Storage Cabinet 1 Vacuum Cleaner 1 Electronics Trainer 5 Component Trainers 5 Generators 1 Slide Projector 1 Lot Automotive Units i Ohmete} Marquetts 1 Crank Shaft Grinder 1 Battery Charger 1 Washing Vat 1 AutoBody Aid Sander 1 2 1 set Auto Air Conditioning Service Electric Drills Colating Machine Recorder E q~pment 1 Paper/Magazine Rack 1 Record Player 1' Projector 1 Tape Recorder 1 Magazine/per. Displayer 1 Wall Display Case 1 Magnetic Signpress Machine 1 each of - Wall Merchandising Unit A, Unit B, Unit C, Unit Unit E 1 Adding Machine 1 Cash Register 1 Language Meter 10 Listening Stations Tape Recorders Autoharps Workbenches 5 Vise Sets of Tools Germination Chamber Television Rug (wall[ to wall) Film Loop Projector Aquariums Typewriter Rocking Board Record Players 13 Spotlights Light Trees Lights for overhead St(rage Cabinet Reading Stand Unit Set Geels set -Curtains for Backstage Speaker lot Materials to Make Setting Floodlight Units Convection Ovens French Fryer Freezers Refrigerator Dishwashers Mixers Miscellaneous Classroom Kindergarten Furniture 5 2400 VTR Tapes ], VTR Deck 2 Cassette Adapters Lighting Stage Box Stage Furniture and Equipuent Units D, and 360 SCHOOLS - MISCELLANEOUS - 13-000 Jr. High Athletics Supervision of Student Teachers Learning Disabilities Center Jr. High Athletics - Transportation & Supplies Stadium Rental Institute of Humanities & Mathematics Summer Reading Instruction Consultants Services School Improvements Projects Kindergarten Follow-Up Study Burglar Alarm System Contingencies Total-School-Miscellaneous $ 8,860.00 15,000.00 41,237.00 8,508.00 5,000. O0 2,000.00 10,000.00 6,050.00 5,000.00 10,000,00 $111,655.00 TOTAL SCHOOL APPROPRIATION $14,948,320.41 BE IT FURTHER ORDAINED that all salaries and wages covered by the Pay Plan paid from the appropriations herei n, shall be paid in accordance with the provisions thereof. BE IT FURTHER ORDAINED that the appropriations made and contained in the Budget Ordinances for the fiscal year 1970-1971 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 and 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, authorized and directed, to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another. BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 1970-71 Appropriation Ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force on and after July l, 1970. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1970. No. 19238. AN ORDINANCE making appropriations from the Water General Fund and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning July 1, 1970, and ending June 30, 1971; and declaring the existence of an emergency. WHEREAS, it is necessary for the usual daily operation of the Municipal Government that this Ordinance take effect upon the date hereinafter set forth. THEREFORE, BE IT ORDAINED:by the Council of the City of Roanoke that all money that shall'be paid into the City Treasury for the Water General Fund in the fiscal year beginning July 1, 1970, and ending June 30, 1971, 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 - PUMPING STATIONS F~ TANKS - 260 Personal Services Overtime Utilities Communications Maintenance of Building ~ Property Maintenance of Machinery ~ Equipment Printing ~ 'Office Supplies Food, Medical ~ Housekeeping Supplies Operating Supplies ~ Materials $ 36,929.00 35,500. O0 975.00 9,150. O0 5,000. O0 100. O0 300.00 750, O0 Total Water - Pumping Stations ~ Tanks WATER - PURIFICATION - 280 $ 88,704.00 Personal Services Extra Help Overtime Utilities Fees For Professional ~ Special Services Communic at ions Rentals Maintenance of Building ~ Property Maintenance of Machinery f: Equipment Investigations, Studies ~ Rewards Printing f: Office Supplies Food, Medical G Housekeeping Supplies Operating Supplies & Materials Motor Fuel G Lubricants 117,765.00 4,100. O0 14,000. O0 825.00 1 O0. O0 2,000.00 3,000. O0 2,000. O0 100.00 700.00 67,000. O0 .. 400, O0 Total Water - Purification WATER - DISTRIBUTION AND TRANSMISSION- 290 211,990. O0 Personal Services Overtime Utilities Fees For Professional ~ Special Services Communications Rentals Maintenance of Buildings ~ Property Maintenance of Machinery ~ Equipment Printing ~ Office Supplies Clothing ~ Personal Supplies Food, Medical ~ Housekeeping Supplies Operating Supplies G Materials 332,199. O0 2,500.00 2,500.00 2,500.00 50.00 35,000.00 3,000.00 200.00 400.00 1,500.00 30,000,00 Total Water - Distribution and Transmission WATER - GENERAL EXPENSE - 320 409,849. O0 Personal Services Retirement Contributions - Social Security Damages To Property Group Insurance Extra Help Overtime Administrative Expense Refund - Connection Charges Utilities Fees For Professional ~ Special Services C ommunic at inns Travel Expense Education Advertising Insurance 185,473.00 92,919.19 3,000.00 1,800.00 3,000.00 15,000.00 40,000.00 1,000.00 2,000.00 5,000.00 6,300.00 1,300.00 500.00 300.00 6,750.00 361 362 Dues, Memberships & Subscriptions Maintenance of Building & Property Maintenance of Machinery ~ Equipment Automobile Allowance Printing ~ Office Supplies Food, Medical g Housekeeping Supplies Operating Supplies & Materials Data Processing Payment in Lieu of Taxes Total - Water-General Expense , 300. O0 1,000o O0 2,000, O0 , 300, O0 15, OO0~'00 1;Ooo, oo 2,700, O0 30,420, O0 18p~. 000. O0 $ 597,062.19 WATER-TERMINAL LEAVE - 330 Terminal Leave Total - Water - Terminal Leave ,3.000.00 3,000.00 WATER - 450 Miscellaneous Replacement Reserve Interest on Debt Interest - Temporary Loan Retirement Of Debt Capital Outlay From Revenue (1) Total - Water 5,000.00 190,000.00 32,475.00 70,000. OO 468,000. O0 10,800, O0 776,275.00 (1) 4 door sedan 1/2 ton Pick up truck with utility body Brogan Tuhnel Bypass TOTAL WATER DEPARTMENT APPROPRIATIONS $2,086,877.19 WATER-CAPITAL OUTLAy FRbM REPLACEMENT RESERVE - 500 Replacement Reserve , 197,275,00 Total - Water - Capital. Outlay From Replacement Reserve $197,275. O0 Estimated cost of plant which will have to be replaced during ,.the year which cannot; be individually identified and itemized. Repair existing finish water reservoir at Falling Creek Filter Plant and construct a roof over the reservoir. 1/2 ton pick up truck with utility body. 2 ton platform dump with tool compartments. Replace (2) pressure water pumps that supplies water to chemical machims. Replace radio base stations on Mill Mountain and Hollins Road with a remote unit at the Meter Shop and Operations Yard. 1 Reed Pipe Cutter 4" - 6" 1 Reed Pipe Cutter 6" - 8" t Window Fan Replace chlorinator equipment at Carvins Cove Filter Plant. 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 City Auditor be, and he is hereby, authorized and directed, to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another. BE IT FURTHER ORDAINED that there is hereby appropriated from the Water Replacement Reserve Fund for Capital Replacements $197,275.00. BE IT FURTHER ORDAINED Zhat this Ordinance shall be known and cited as the 1970-71 Water Fund Appropriation Ordinance. BE IT FURTHER ORDAINED .that, an emergency existing, this Ordinance shall be in force on and after July 1, 1970. APPROVED 363 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1970. No. 19239. 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 1, 1970, and ending June 30, 1971; 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. THE[{EFORE, BE IT ORDAINED by the Council of the City of Roanoke that all money that shall be paid into the City Treasury for the Sewage Treatment General Fund in the fiscal year beginning July 1, 1970, and ending June 30, 1971, 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 FUND - 90 Personal Services Retirement Contributions - Social Security Group Insurance Extra Help Terminal Leave Overtime Utilities Fees For Professional & Special Services Communic at ions Travel Expense Education Insurance Dues, Memberships C. Subscriptions Maintenance of Building ~ Property Maintenance of Machinery ~ Equipment Automobile Allowance Printing ~ Office Supplies Food, Medical ~ Housekeeping Supplies Operating Supplies & Materials Motor Fuel ~ Lubricants Data Processing Payment In Leiu of Taxes Administrative Expense Billing Expense Refunds ~ Rebates Workmen's Compensation $ 189,395.00 27,222.00 520.00 12,766.80 1,000.00 1,000.00 28,000.00 2,250.00 300.00 2OO.OO 375.00 2,500.00 75.00 3,000.00 18,000.00 420.00 500.00 700.00 48,000.00 65O.0O 10,000.00 70,000.00 18,000.00 6,000.00 1,000.00 __ 1,300,00 Total - Sewage Treatment Fund $ 443,173.80 SEWAGE TREATMENT FUND - 90 Replacement Reserve Interest on Debt Interest on Debt Debt Retirement Capital Outlay From Revenue (1) 108,000. O0 27 , 562.50 8,000. O0 154,600. O0 2,300, O0 Total - Sewage Treatment Fund 300,462.50 (1) P H Recording Meter 3 Inch Diaphram Portable Pump TOTAL SEWAGE TREATMENT FUND $743,636.30 SEWAGE TREATMENT FUND-APPROPRIATIONS FOR CAPITAL OUTLAY Replacement Reserve 22,500, O0 Total Replacement Reserve 22,500.00 364 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 Replacement $22,500.00. BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 1970-71 Sewage Treatment Fund Appropriation 'Ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force on and after July 1, 1970. APPROVED ATTEST: / City Clerk ~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1970. No. 19240. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvement Fund," of the 1969-70 Appropriation Ordinance, and provid ing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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: Improvement Fund," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENT FUND =89 Capital Improvement. Projects - Airport Cargo Building, 70-5 (1) ............. $2,657,764.03 (1) Net increase $47,755.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1970. No. 19241. A RESOLUTION establishing Friday, July 3, 1970, as a legal holiday for the current year only. BE IT RESOLVED by the Council of the City of Roanoke that the Fourth of July, a legal holiday, falling on a Saturday in the calendar year 1970, for the current calendar year only, Friday, July 3, 1970, shall be observed as a legal holiday for all departments and offices of the Roanoke municipal government, except as may be otherwise provided by law, and except .as to such members of the police, fire and other departments of the City who are, by the nature of their duties, re- quired to work on that day and, for such other regular employees, the City Manager shall arrange that each such other employee shall receive (8) eight hours equivalent time off during the current or next succeeding calendar year. APPROVED ATTEST: '/; .' ' --/ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1970. No. 19242. A RESOLUTION appointing two members of the Local Board of Virginia Western Community College for four-year terms of office on said Board, commencing July 1, 1970. BE IT RESOLVED by the Council of the City of Roanoke that Henry E. Thomas and Paul R. Thomson, residents of the region served by Virginia Western Community College and representative of the commercial, industrial and professional interests and activities of such region, be and are hereby appointed members of the Local Board of Virginia Western Community College for four-year terms of office, commencing July 1970. BE IT FURTHER RESOLVED by this Council that the City Clerk transmit to each above-named appointee, to the President of Virginia Western Community College, and to the State Board for Community Colleges an attested copy of this resolution. APPROVED ATTEST: / ' City Clerk Mayor 365 366 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of June, 1970. No. 19229. AN ORDINANCE perma.nently~ vacating, discontinuing and closing a portion of a street in the City of Roanoke, Virginia, at the southwest corner of Walnut Avenue, Southeast, and Sylvan Road, Southeast, and more particularly shown on the plat of survey dated ~iarch 30, 1970 by David Dick and Harry A. Wall, Civil Engineers and. Surveyors. WHEREAS, an application was made to the Council of the City of Roanoke on April 13, 1970 by Alfred Beckley, Jr. and Keturah, P. Beckley, husband and wife, to close a portion of a street after the applicants had on Aprill, 1970, and more than ten days before presenting application, posted notice of their intended application to the Council of the City of Roanoke to close the porti on of said street respectivel at the front door of the ~lunicipal Building, 214 Campbell A~ hue, Southwest; at the Roanoke City ~larket House at the Campbell Avenue entrance; and at 311 Randolph Street Southeast, all within the City of Roanoke, Virginia, with the notice and an affidavit of posting it by Deputy Sergeant of the City of Roanoke, Virginia, attached to the application to close a portion of the street; and WHEREAS, in accorda~e with the application for closing the portion of the street and as provided by Section 15.1-364 of the Code of Virgin ia of 1950, as amended, viewers were appointed by resolution of this Council on April 13, 1970 to view the property and to report in writing whether in their opinim, any and if any, what, inconvenience would result from permanently vacating, discontinuing and closing said portion of the street; and WHEREAS, said viewers have filed a writtenreport stating that no incon- venience would-result either to any individual or to the public from permanently vacating, discontinuing and closing said portion of the street; and WHEREAS, the City Planning Commission, to whom Council of the City of Roanoke at its meeting on April 13, 1970, referred the application for closing the portion of the street, have recommended by written~eport dated ~lay 21, 1970 that the portion of the street be closed as requested; and WHEREAS, after proper and timely notice, a public hearing on closing the portion of the street was held on the 22nd day of June, 1970, at 2:00 o'clock P.~I., before the Council of the City of Roanoke, Virginia, at which meeting all parties in interest and citizens were given an opportunity to be heard, both for and against the closing of said portion of the street; and WHEREAS, from the reports and other evidence, this Council is of the opinic that no inconvenience will result to any individual or to public from permanently vacating, discontinuing and closing the portion of the street sought to be closed and that accordingly said portion of the street should be permanently closed. 367 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all that certain portion of a street lying and being, in the City of Roanoke and more particularly described as follows: BEGINNING at a point on the southwest corner of Walnut Avenue, Southeast, and Sylvan Road, Southeast; thence along the southerly side of Sylvan Road, N. 81° 48' 40" W. (deed call N. 81o 50' W.) 122.1 feet to a point; thence N. 300 21' 40" W. 4.23 feet to a point; thence S. 87° 30' E 78.58 feet to a point on a curve; thence with a curve to the right', whose radius is 35 feet and whose chord and tangent is S. 87° 51' 20" E. 37.04 feet, an arc distance of 39.03 feet to a point on same; whence with another curve to the right, whose radius is 984.93 feet and whose chord and tangent is S. 56° 22' 20" E. 15.97 feet, an arc distance of 15.97 feet to a point; thence with the southwesterly side of a new right-of- way line for a new road up Mill Mountain, S. 56050' 10" E. 135.17 feet to a point on same; thence leaving said new right-of-way line, S. 41o 50' 20" W. (deed call S. 41° 55' W.) 30 feet to a point on the southwesterly side of Walnut Avenue Extended; thence with the southwesterly side of Walnut Avenue Extended N. 48° 03' 40" W. (deed call N. 48° 05" W.) 133 feet to the place of BEGINNING; and more particularaly shown on the plat of survey dated March 30, 1970 by David Dick and Harry A. Wall, Civil Engineers and Surveyors. be, and the same hereby is, permanen.tly vacated, discontinued and closed; and that all right, title and interest of the City of Roanoke and of the public in and to the same be, and the same hereby is, released in so far as the Council of the City of Roanoke is empowered to do so, except a permanent easement is hereby reserved by the City of Roanoke for utilities, if any, now located in the portion of the street here- by closed. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, direct to mark "permanently vacated" on the portion of said street hereby closed on all map and plats on file in his office on which said street is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of_Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Hustings Court of 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 records recorded in his office and upon which are shown said street, as provided by law, and that, if so requested by any party in interest, he may record the same in the current deed book in his office indexing the same in the ha,me of the City of Roanoke as grantor and in the name of any party in interest who may request it as grantee. APPROVED ATTEST: / City Clerk Mayor 368 IN THE COUNCIL OF THE CITY OF RDANDKE, VIRGINIA, The 29th day of JUne, 1970. No. 1924'5. .AN ORDINANCE to amend ~and reordain Section ~Bg, "Transfers to Capita! Imprlovement F,up.d," bf the l:969-70.Appr~priation'O!Td.i~:ance, and pro'vjding for an emergency. , WHEREAS, fo,r the usual daily operatiofl of the Municipal Government of the City of Roanoke, an emergency is declared to ex,ist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~=89, "Transfers to Capital Improvement Fund," of the 1969-70 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: be in effect from its passage. TRANSFERS TO CAPITAL IMPROVEMENT FUND ~89 CIP-iO, Municipal Bui,lding (1) ........... .... $2,666,664.32 (1) Net increase .......... $8,900.29 BE IT FURTHER ORDAINED that, an emergency -existing, this Ordinance shall AP P ROVE, B ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of June, 1970. No. 19246. AN ORDINANCE to amend and reordain Section =75, "Recreation, Parks and Recreational ,Areas," of the 1969-70 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Recreation, Parks and Recreational Areas," of the 1969-70 Appropriatio~ 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) ............ $22,925.00 (1) Net increase- $50.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST 369 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of June, 1970. No. 19248. AN ORDINANCE amending and reordaining Sec. 1. [lefinitions; Sec. 7, Benefits and Sec. 8. Method of financing, in certain particulars, of Chapter 1, General pro- visions, of Title III, Pensions and Retirement, of the Code of the City of Roanoke, 1956, as amended; and proviling for an emergency. WHEREAS, a committee appointed by the Council has heretofore reported that increased benefits would accrue to the employees of the City of Roanoke belonging to the Employees' Retirement System of the City of Roanoke and the Police and Fire Pension System, upon the adoption of the hereinafter approved amendments to said Employees' Retirement System of the City of Roanoke, and a majority of the membership of such systems have voted to approve the same; and for the usual daily operation of municipal government it is necessary that this ordinance take effect upon its passage THEREFORE BE IT ORDAINED by the Council of the City of Roano[m, that the following sections 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 section are hereby amended and reordained so as to read and provide as follows: (1) Sec. 1. Definitions, shall be amended by the addition of a new subsection, to be numbered (21), and to read and provide as follows: (21) SOCIAL SECURITY BENEFIT shall mean the annual benefit payable in monthly installments as the primary insurance amount under Title II of the Social Security Act. (2) Subsection (2) Service Retirement Allowance - Benefits, of Sec. 7. Benefits, shall be amended to read and provide as follows: (2) Service Retirement allowance - Benefits. (a) An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of his retirement; and (b) A pension which, together with his annuity, shall equal one-seventieth of his average final compensation multiplied by the number of years of his membership servicce; and (c) If he has a prior service certificate in full force and effect, a pension which shall be equal to one-seventieth of his average final compensation multiplied by the number .of years of service certified on his prior service certificate; and (d) 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 addi- tional pension which 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, and which shall be equal to the minimum primary insurance amount provided under Title II of the Social Security Act as the same may be from time to time amended; provided, however, the member shall be required to submit evidence satisfactory to the Board of Trustees that the Social Security administration has determined that no Social Security benefit is payable to him, nor would such a benefit be payable upon proper application therefor but for the receipt of income covered under the Social Security Act. .he 37O (3) Sec. 8,. Method o! financing shall be amended in its entirety so as to read and provide as follows: (1) Contributions by Members (a) Contributions shall be deducted from the compensation of members and accumulated with regular interest to provide for their annuities. Upon the basis of such tables as the board shall adopt and regular interest,' there shall be determined for each member the percentage of earnable compensation which., when deducted from each payment of his prospective earnable compensation prior to ,the attainment of his minimum service retirement age and accumulated at regular interest until his attainment of such age, shall be computed to provide at that time an annuity equal to one-one hundred fortieth of his average final compensation multiplied by the number, of years of his membership service; such percentage of earnable compensation shall be computed to remain constant, and the percentage computed for the age one year less than his minimum service retirement age shall be applied to any such member who attained his minimum service retirement age before he became a member of the system. Each member shall contribute at the rate so determined to be applicable to him prior to July 1, 1970, and at half of such rate on or after ,July 1, 1970. (b) The Board shall certify to the proper authority or officer responsible for making up the payroll, and the proper authority or officer responsible for making up the payroll shall cause to be deducted from the compensation of each member on each and every payroll for each and every payroll period, the percentage of earnable compensation determined to be payable by him in acc, ordance with t~his subsection. In determining the amount earnable by a member in a payroll period, the board may consider the .rate of c ompe ns at i, on payable to such member on the first day of a payroll period as continuing throughout the payroll period, and it may omit deduction from compensation for any period less than a full payroll period if an employee was not a member on the first day of the payroll period., (c) The deductions provided for herein shall .be made notwith- standing that the minimum compensation provided for by law for any member shall be reduced thereby. Every member, shall be deemed to consent and agree to the deductions made and provided for herein and shall receipt for his full salary or compensation and payment of salary or compenation less said deductions shall be a full and compk~ce discharge and acquittance of all claims and demands whatsoever for the services r. endered by. such person during the period covered by such payment, except as to the benefits provided under this chapter. (d) The proper authority or officer responsible for making up the payroll shall certify to the board the amounts deducted on each and every payroll, and each such amount shall be paid to the system and credited to the individual account of the member from whose compensation the deduction was made. (e) In addition to the contribut:ions deducted f~om the compen- sation of a member as hereinbefore provided, any member may, subject to the approval of the board and such conditions as the board may prescribe , deposit into the system, by a single payment or by an increased rate of contribution an amount re, purchase an additional annuity. Interest at such rates as may be set from time to time by the board shall be allowed on such contributions, and benefits from such contributions shall be determined on the basis of an interest rate and tables last adopted by the board. The additional annuity provided by the contributions, with interest credited thereon, deposited pursuant to this paragraph shall be payak in addition to the retirement allowance or benefit determined to be payable without taking account of these contributions. (2) Contributions by City (a) 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 accor- dance with this subsection, a further contribution to be known as the "accrued liability contribution". ~e 371 (b) The normal rate of contribution shall be determined after each actuarial vaulation. 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 compensation 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 not provided by his own contributions. After accrued liability contributions 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 deductin9 from the total liabilities on account of prospective benefits of all members and beneficiaries the amount of funds in hand and the present value of prospective contributions payable by members during the remainder of their active service, and dividin9 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. (c) 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, the prospective contributions to be made to the system by the members and the prospective normal contributions on account of members during the remainder of their active service. The amount so determined shall be known as the accrued liability, and the contributions payable by the city for interest and amortization of the accrued liability shall be known as the accrued liability contributions. (d) 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. (e) The accrued liability contribution shall be discontinued as soon as the amount of funds credited to the system shall equal the present value, as actuarially computed and approved by the board, of the total liabilities of the system on account of all members and beneficiaies of the system less the present value of prospective contributions to be made to the system by the' members and the present value of prospective normal contributions to be made by the city at the normal rate than in force on account of pers'ons wh'o are members at that time. (f) 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. (g) Regular interest shall mean interest at the per cent rates, compounded annually, as shall be determined by the board from time to time, Ii mired to a minimum of two per cent and a maximum of four per cent. The board from time to time shall adopt a rate or rates of regular interest for use in all actuarial and other calculations in connection with the system. (3) Appropriations : On or before ninety days prior to the beginning of each of the city's fiscal years the board shall file wit'h the City Manager its certification 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 ORD~NED that, an emergency existing, this 'ordinance be in force and effect upon its passage. APPROVED ATTEST: /City Clerk Mayor 372 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day, of June, 1970. No. 19249. A RESOLUTION relating to the Employees' Retirement System of the City of Roanoke and the Police and Fire Pension System. BE IT RESOLVED by the Council of the City of Roanoke that, in light of the affirma'tive vote of the membership of the Employees' Retirement System of the City of Roanoke and the Police and Fire Pension System at a referendum held June 9, 1970, this Council :does hereby request the Board of Trustees of the Virginia Supplemental Retirement System to amend the Federal-State Social Security Agreement now in force so as to include the employees of the City of Roanoke constituting the membership of the Employees' Retirement System of the City of Roanoke and the Police and Fire Pension System under said Board of Trustees' Agreement for Social Security coverage, effective as of July 1, 1970. BE IT FURTHER RESOLVED that the City Clerk do transmit an attested copy of this resolution to Mr. Charles H. Smith, Director of the Virginia Supplemental Retirement System. ~~Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of June, 1970. No. 19250. A RESOLUTION ratifying and approving the establishment of a single communi' mental health services program and a single community mental health services board for the Cities of Roanoke and Salem and Roanoke County, as provided in Chapter 10, Title 37.1, of the 1950 Code of Virginia, as amended; and ratifying and approving appointments of the City's members on said board. WHEREAS, Resolution No. 18535 of the Council of the City of Roanoke adopted January 20, 1969, approved the establishment of a single community mental services program and of a single community mental health services board for the Counties of Bore(curt and Roanoke and the Cities of Roanoke and Salem, as provided for in Chapter 10, Title 37.1, of the 1950 Code of Virginia, as amended, and provide( for the appointment of representatives of the City of Roanoke on said board; and WHEREAS, the City of Salem and the County of Roanoke having consented to all of the aforesaid by adoption of appropriate resolutions by the governing bodies of said two political subdivisions, a single community mental health services progran [th 373 and a single community mental health services board have been established for the City of Roanoke, the City of Salem and the County of Roanoke, the governing body of the County of Botetourt not having seen fit at this time to make similar provision for Joining in said program and establishment of said board.. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby ratify and approve the establishment heretofore made with the consent of the governing bodies of the City of Salem and the County of Roanoke of a single community mental health services program and of a single community mental health services board for the Cities of Roanoke and Salem and Roanoke County as provided for in Chapter 10, Title 37.1, of the 1950 Code of Virginia, as amended; and doth ratify and approve the ~layor's appointments hereto- fore made of four members to the aforesaid community mental health services board, as representatives of the City of Roanoke and this Council on said board. BE IT ~'URTHER RESOLVED that attested copies of this resolution be trans- mitted by the City Clerk to the presiding officers of each said other local governing body and to each of the aforesaid representatives 'of the City of Roanoke and this Council on said community mental health services board. APPROVED ATTEST: -.% Mayor IN THE COUNCIL OF THE CITY OF ROANKE, VIRGINIA, The 29th day of June, 1970. No. 19251. A RESOLUTION approving and directing the City's payment of the cost of night lighting and for services of officials at baseball games at Maher Field betwee teams competing in the American Legion Baseball Program. WHEREAS, funds have been appropriated by the Council sufficient for the purpose of paying certain costs of co,~ducting certain night baseball games at Maher Field during the 1969 season, and representatives of American Legion Post Nos. 3 and 248 have requested that the City waive the requirement of payment of the cost of night lighting and of the services of officials at baseball games sponsored by said American Legion Posts at Maher Field during the 1970 season. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City shall pay out of funds appropriated for the purpose the cost of night lighting and of the services of officials at baseball games conducted at Maher Field during the 1970 season between teams competing in the American Legion Baseball Program sponsored by Post 3 and Post 248 of the American Legion. APPROVED ATTEST: ~~/~ .- ~ ~ ...... ~ · ~ / ~ 374 IN THE COUNCIL OF THE CITY OF ROANOKE, VIR6INIA, The 29th day of June, 1970. No. 19252. A RESOLUTION authorizing the issuance of a permit to authorize continuance of a nonconforming use of a portion of the premises located at 311 16th Street, S. W.~ being a northerly portion of Official No. 1212416. 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 nonconforming by the adoption of the City's 1966 zoning regulations and the owner hereinafter named having made application to the Council that permission be granted to continue the use of the premises hereinafter mentioned as~a grocery store, it being made to appear that such use, commenced many years ago, has continued with few interruptions until relatively recent months but through inadvertence of the property owner or the occupant of said premises no formal and timely application for issuance of a certificate of occupancy under the City's zoning regulations for continuance of such nonconforming use was made to the Commissioner 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 Commissioner of Building to issue the same to said owner or to the tenant occupying said building, THEREFORE, BE IT RESOLVED by the Council of the City of Rmnoke that the Commissioner of Buildings be and he is hereby authorized, upon due written applicatio~ being made therefor, to issue to the owner' or to'the occupant of the premises located at 311 16th Street, S. W., consisting of a store building located on certain northerl portions of Official No. 1212416, permit for continuance of the nonconforming use of the aforesaid premises as a retail grocery store, such nonconforming use, however, to otherwise comply with all other general ordinances and regulations of the City. %TTEST: City Clerk APPROVED Mayo 375 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1970. No. 19243. AN iOKIIINANCE permanently vacating, discontinuing and closing the north- westerly portion of an alley in the City of Roanoke running generally in a north- westerly-southeasterly direction through Section 8 of the East Gate Addition, upon the delivery and recordation of a deed of conveyance of a contiguous strip of land, 15 feet in width, for use as a public alley. WHEREAS, Margie Smith Etter has heretofore filed her petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the northwesterly portion of an alley running generally in a northwesterly-southeasterly direction through Section 8 of the East Gate Addition to the City of Roanoke, Virginia, and more particularly hereinafter described, of the filing of which petition due notice was given to the public as required by law 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 (Salem Avenue entrance) and at 311 Second Street, S, E., all of which is verified by affidavit of the City Sergeant appended to the petition; and WHEREAS, more than ten days having elapsed since the publication of the notice of said petition, in accordance with the prayers of said petition, and pur- suant to the provisions of § 15.1-364 viewers were appointed by Council on the 27th day of April, 1970, to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said portion of said alley; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing said portion of said alley provided that a strip of land, 15 feet in width, being the southeasterly 15 feet of Lot 2, Section 8, East Gate Addition, is conveyed by the petitioner to the City for use as a public alley; and WHEREAS, Council heretofore referred the petition to the City Planning Commission, which Commission by its report filed with Council on May 21, 1970, recom- mended that the petition to vacate, discontinue and close the hereinafter described alley be approved, subject to the retention by the City of any utility easements; an( provided that the petitioner dedicate and convey a contiguous 15-foot strip of land to the City for use as a public alley; and WHEREAS, a public hearing was held on the question before the Council at regular meeting on June 22, 1970, 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 376 WHEREAS, from all of the foregoing, Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinui ~g and closing the said portion of said alley, as applied for by the petitioner, subject to the retention by the City of any public utility easements, and provided that the petitioner dedicate and convey a contiguous 15-foot strip of land to the City for use as a public alley, and that, accordingly, said alley should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that certain portion of an alley situate in the East Gate Section of the City of Roanoke, Virginia, more particularly described as follows: BEING the northwesterly portion of that certain alley, 12 feet in width, running generally in a northwesterly- southeasterly direction through Section 8 of the East Gate Addition to the City of Roanoke, the portion of said alley to be closed beginning at a point, on the northeast line of Lot 2, Se~. 8, East Gate Addition, 15 feet from the south- east corner thereof, and running in a northwest direction to Templeton Avenue, N. E.; and being that portion of said 12 foot alley abutting ~he rear of Lot 1, Lots 14, 15, 16 and the northerly 25 feet of Lots 2 and 17 of Sec. 8 of the a- foresaid East Gate Addition, be, and it hereby is, permanently vacated, discontinued and closed; and that all righ , 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. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directe to mark "permanently vacated" on said portion of said alley on all maps and plats on file in his office on which said portion of said alley is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Hustings Court of the City of Roanoke, Virginia, a certified copy of this ordinance in order that the Clerk of said court may: make proper notation on all maps or plats recorded in his office upon which are shown said portion of 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. BE IT FINALLY ORDAINED that none of the~ provisions of this ordinance shall become effective until a deed of conveyance, approved as to form by the City Attorney and containing the grantor's General Warranty of title, shall have been delivered to the City Clerk and, thereafter, spread of record in the Clerk's Office of the Hustin~ Court of the City of Roanoke, such deed to dedicate and convey to .the City, the fee simple title to that certain strip of land, 15 feet in width and 125 feet in length, being the southeasterly 15 feet of Lot 2, Section 8, according to the map of the Eas' Gate Addition to the City of Roanoke. APPROVED 377 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1970. No. 19244. AN ORDINANCE authorizing the acquisition of approximately 900 square feet of land on the southwest line of 20th Street, N. E., in consideration of the City's conveyance of approximately 775 square feet of adjacent land situate on the south line of Lot 14, Block 8, East Gate Addition. WHEREAS, for the proper construction of the City's 20th Street Project, it is necessary that the City acquire in fee simple the 900 square foot parcel of land hereinafter described and the owner thereof, Mrs. Margie Smith Etter has offered to sell and convey the same to the City upon the terms and provisions hereinafter set forth and authorized. THEREFORE, BE IT ORDAINED by .the Council of the City of Roanoke that the proper City officials be, and they are hereby authorized and directed to acquire, fo~ and on behalf of the City, from Mrs. Margie Smith Etter, owner thereof, that certain 900 square foot parcel of land situate on the southwest line of 20th Street, N. E., and being an easterly part of Lots 15, 16 and 17, Block 8, according to the map of the East Gate Addition to the City of Roanoke, in consideration of the City's con- veyance to said Margie Smith Etter of a certain 775 square foot parcel of land adjacent to said 900 square foot parcel of land, above-mentioned, situate on the scut side of Lot 14, Block 8, East Gate Addition, and being a part of Official No. 3341014 each of the aforesaid parcels of land being as sho~vn on a copy of Plan No. 5216-L, prepared in the office of the City Engineer under date of June 11, 1970, and on file in said office and in the office of the City Clerk. BE IT FURTHER ORDAINED that, upon delivery to the City of a good and sufficient deed of conveyance conveying to the City the unencumbered fee simple title to the 900 square foot parcel of land aforesaid, approved as to form and execution by the City Attorney, the Mayor and the City Clerk are authorized and directed to execute and acknowledge a deed of conveyance drawn and approved by the City Attorney conveying to Margie Smith Etter, the abovedescribed 775 square foot parcel of land such deed to contain the City's General Warranty of title; and thereupon the City Attorney shall be and is authorized and directed to make proper delivery of the City deed of conveyance in conformity with the offer of said owners hereinabove mentioned ATTEST: City Clerk APPROVED Mayor 378 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1970. No. 19247. AN ORDINANCE accepting a bid for concession privileges to be exercised at Nasena Park and directing the execution of the requisite contract therefor. WHEREAS, on June 24, 1970, and after due and proper advertisement had been made therefor, one bid for the award of the concession privileges hereinafter men- tioned was opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and thereafter was tabulated and studied by the committee which has made written report and recommendation to the Council through the City Manager; and WHEREAS, the City Manager, concurring in the committee's report has trans- mitted the same to the Council, recommending award of the contract as hereinafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest, best and only bid made to the City for the award of the concession privileges hereinafter set out, and that said bid should be ACCEPTEI THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bi of Harold A. Francisco, of Salem, Virginia, for the privilege of operating the con- cession on the softball areas at Wasena Park for the remainder of the current calenda: year with an option to renew for one additional calendar year, such concessionaire to pay to the City for such privileges the sum of $35.00 for the period beginning July 1 1970 and ending December 31, 1970, and the sum of $125.00 for the period beginning January 1, 1971, and ending December 31, 1971, be and said bid is hereby ACCEPTED; and the City Manager be, and is hereby authorized and directed, for and on behalf of the City, to execute requisite contract with the aforesaid bidder respecting the concession privileges to be exercised by said bidder, such contract to be made upon such form as is approved by the City Attorney. ATTEST: /City Clerk APPROVED May IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1970. No. 19253. AN ORDINANCE to amend and reordain Section =25, "Clerk of Courts," of the. 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 379 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that " of the 1970-71 Appropriation Ordinance, be, and the "Clerk of Courts, Section ~25, same is hereby, amended and reordained to read as follows, in part: CLERK OF COURTS ~25 Personal Services (1) ......................... $107,362.08 (1) Net increase .$202.08 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1970. No. 19254. AN ORDINANCE amending Chapter 4, Title XXIII of the Code of the City of Roard<e, 1956, said chapter relating to Offenses Against the Peace, by the addition of a new section prohibiting the use of telephone dial alarm systems under certain circumstances; providing a penalty therefor; providing for the publication of this ordinance; and providing for an emergency. WHEREAS, the City Manager has advised the Council that the increasing use of telephone dial alarm systems designed or programmed so as to directly contact, by telephone or radio circuit, the City's Police and Fire Departments, creates a potential hazard to the effective operation of those departments, and that the use oi such devices should be pro,hired as hereinafter provided, in which advice the Council concurs; and WHEREAS, it is necessary for the immediate preservation of the public peace and safety, that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapte 4, Offenses Against the Peace, of Title XXIII of the Code of the City of Roanoke, 195 be, and said section is hereby amended by the addition of a new section to be numbere Sec. 13, to read and provide as follows: Sec. 13. .T_eleph0ne dial alarm systems prQhibited. It shall be unlawful for any person, firm or corporation to install, sell, lease or use, or .cause or allow to be installed, sold, leased, or used, within the corporate limits of the City, any police or fire telephone dial alarm device or system, which, for the purposes of this section is defined as being or consisting of any mechanical, electrical or radio-electronic device or system so made or designed as to automatically actuate or call any City Police or Fire Department telephone or radio circuit and use a pre-taped or pre-recorded or programmed verbal message or signal, which operates through overhead or 380 undergraund wires or by radio frequencies and which is set or programmed to directly dial, actuate, call or in any other manner make direct contact .with any telephone line or radio circuit of the Police Department and/or Fire Department. Any person violating any provi- sion of this' section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars. Nothing herein contained shall be construed to prohibit the installation, sale, leasing or use of any alarm device so long as such device is not designed or programmed to dial, actuate, call or in any other manner directly contact by telephone or radio circuit the Police Department and/or Fire Department on any telephone line or radio circuit assigned either said department. BE IT FURTHER ORDAINED that the City Clerk do cause this ordinance to be published once in full in a newspaper of general circulation in the City within ten days after its passage. BE IT FINALLY ORDAINED that, an emergency existing, this Ordinance be in force and effect upon its passage. APPROVED ATTEST: 'City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGIN IA, The 6th day of July, 1970. No. 19255. AN ORDINANCE exercising the City's right to extend or enlarge upon the amount and quantity of street paving to be done by the City's contract with Virginia Asphalt Paving Company, Inc., and Adams Construction Company, made pursuant to the provisions of Ordinance No. 19156 adopted April 20, 1970; limiting the cost of such additional work to the sum of $100,000.00; and providing for an emergency. WHEREAS, the City entered into contract dated April 21, 1970, pursuant to the provisions of Ordinance No. 19156, with Virginia Asphalt Paving Company, Inc., an Adams Construction Company providing for the paving of certain streets of the City as designated on List "A" of the City's 1969-1970 Street Blacktop Program, all such work to be 'completed by June 30, 1970, and to be paid for by the City on the basis of certain unit prices established in said contract, but the total cost of all such work done prior to June 30, 1970, not to exceed $148,564.00; and WHEgEAS, in said contract the City reserved the right at its sole option, to be exercised not later than July 10, 1970, to extend the scope of the contract, ba. on the unit prices set out therein, by :ordering additional quantities of like work and materials, the cost thereof to the City not to exceed the sum of $100:,000.00; and WHEgEAS, the City Manager has recommended to the Council that the City exercise its aforesaid option as herein provided, there being appropriated in the 1970-1971 Budget a sum sufficient to pay for the cost of all such additional work and materials; and ed 38i ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1970. No. 19258. A RESOLUTION approving the City Manager's issuance of a Change Order in connection with the City's contract for the construction of the Municipal Building Annex. WHEREAS, the City Manager, in report to the Council dated June 29, 1970, has recommended that the Council approve the issuance of a Change Order which would 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 said City of Roanoke doth hereby exercise its option to extend, and does hereby extend the scope of the City's contract heretofore made and entered into under date of April 21, 1970, pursuant to the provisions of Ordinance No. 19156, with Virginia Asphalt Paving Company, Inc. and Adams Construction Company for the paving of certai streets at various locations in the City by ordering and providing for the paving of those additional streets set out and designated on List "B" of the City's 1970-19' Street Blacktop Program on file in the office of the City Cle.rk, or of so many or much thereof as may be accomplished for a sum not exceeding $100,000.00, the cost of all such additional work to be charged to the City and paid on the basis of the unit prices of work and materials set out in the aforesaid contract of April 21, 1970;-and the Council doth hereby authorize that a sum not exceeding $100,000.00 be expended from the funds heretofore appropriated for the purpose of street paving in the City's 1970-1971 Appropriation Ordinance to pay for the cost of all such addition paving. BE IT FURTHER ORDAINED that the City Manager be, and he is hereby authoriz, to enter into formal contract with the City's abovenamed contractors providing for the accomplishment of all such additional street paving herein authorized to be done, as an extension of the aforesaid contract of April 21, 1970, and that he be directed to require of such contractors appropriate performance and payment bond as required by law. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be effective upon its passage; and the City Clerk is directed to forthwith transmit to Virginia Asphalt Paving Company, Inc., and Adams Construction Company an attested copy of this ordinance. 382 incorporate seven changes in the contract for the construction of the Municipal Building Annex to be accomplished by John W. Daniel & Company, Inc., the City's contractor for said project, at a net additional cost of $8,906.29 but with no allowance for additional time; all as having been agreed to by said contractor; and WHEREAS, funds sufficient for the payment of the aforesaid additional costs have been or are being appropriated by the Council for the purpose. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on behalf of the City, a numbered Change Order to the City's contract with John W. Daniel & Company, Inc., which Change Order shall incorporate seven change order proposals as. such proposals are described and set out in the City Manager's report made to the Council on June 29, 1970, all for a net additional cost to the City of $8,906.29, to be paid said contractor out of funds appropriated for the purpose, but without claim or allowance of additional time to said contractor for completion of all work under the contract; such change order proposals being numbered and described as follows: Change Order Proposal No. 17 - An increase in the number of electrical outlets by 117, or a total number of electrical outlets in the Municipal Building Annex of 367; and increase in the number of telephone outlets by 68, or a total of tele- phone outlets in the Municipal Building Annex of 168, for an increase in the contract price of $5,500.00. Change Order Proposal No. 18 - Reduce seating in the Council Chambers and provide for a larger Council bench for a reduc- tion in the contract price of $810.00. Change ~Order Proposal No. 20- Provide an additional electrical safety switch for the elevators in said Municipal Building Annex for an increase in the contract price of $51.98. Change 'Order Proposa 1 No. 21 - Provide for the installation of a gas pressure regulator in the 2-inch gas line which will service the existing Municipal Building, for an increase in the contract price of $272.58. Change Order Proposal No. 22 - Provide for the extension of a 2 1/2-inch telephone conduit to the existing Municipal Building which would permit of a communication connection between the Municipal Building and the Municipal Building Annex for an increase in the contract price of $571.73. Change Order Proposal No. 23 - Delete installation of window safety guard bars designed to be installed on the third and fourth floors of the Municipal Building Annex for a reduction in the contract price of $75.00. Change Order Proposal No. 24 -Provide for the installation of a conduit between the Municipal Building Annex and the Reid and Cutshall Building for: an increase in the contract price of $3,395.00. APPROVED ATTEST: / City Clerk Mayor 383 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1970. No. 19259. A RESI)LIJTION approving the Library Board's transfer of the Francis W. Collins Collection of Mediterranean Artifacts to the Roanoke Fine Arts Center. WHEREAS, on December 14, 1925, Francis W. Collins, of New York City, transferred from the University Museum of the University of Pennsylvania to the Roanoke Public Library, on loan, his Collection of Mediterranean Artifacts consisting of numerous small articles, works of art and publications ancient in age and origi- nating from early civilizations of the Mediterranean area, with provision that the Roanoke Public Library keep all such articles as loans to the Library until such time as the City of Roanoke has a suitable museum in which they might be placed, the museu~ to be allowed the opportunity of accepting or rejecting any or ail such items; and WHEREAS, the City now has, in the Roanoke Fine Arts Center, a museum which, in the opinion of the City's Library Board, is a suitable museum in which to place al of said Artifacts, and the Library Board, at its meeting held June 11, 1970, has authorized and directed the permanent transfer of the entire Francis W. Collins Coll'ection to the 'Roanoke Fine Arts Center, considering such action to conform to the intent and spirit of the terms of the donor's loan of said Collection to the Roanoke Public Library; and WHEREAS, Roanoke Fine Arts Center has agreed in writing addressed to the Roanoke Public Library under date of June 24, 1970, to accept and keep the entire Collection, the same to be researched and catalogued and made available to the public for viewing; and WHEREAS, the Library Board has invited the approval of the Council to its permanent transfer of the Collection of Mediterranean Artifacts, as aforesaid. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth approve the permanent transfer by the City's Library Board to the Roanok Fine Arts Center of the entire Francis W. Collins Collection of Mediterranean Arti- facts, temporarily loaned to the Roanoke Public Library upon the terms set out in the letter of Francis W. Collins dated December 14, 1925, addressed to the City's Librarian, copies of which letter and a list of which said Artifacts are on file in the office of the City Clerk, the Collection to be researched and catalogued by the Roanoke Fine Arts Center and to be held and made available to the public for viewing; said Library Board to take from the Roanoke Fine Arts Center its written acknowledgment of receipt of the same, a copy of whichreceipt to be filed in the of fi'ce of the City Clerk. ATTEST: / / City Clerk APPROVED Mayor 384 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1970. No.. 19260. A RESOLUTION authorizing the City's construction of certain neighborhood recreational facilities on property on Moorman Road, N. W., known as .Official Tax No. 2110202, upon certain conditions. WHEREAS, the City Manager, reporting on the request made by representatives of the Kuamka Center .for Black Education that the City construct certain outdoor recreational facilities for public recreation on a lot proposed to be leased by said Center for a term of two years, has recommended that said request be granted and that the expenditure of not more than $750.00 for such purpose from appropriated funds for recreational facilities be authorized. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth approve the City's construction of a basketball court, consisting of a hard-surfaced playing court, backstops and nets, on a certain lot designated as Official No. 2110202, situated on the south side of Moorman Road, N. W., the total cost of which shall not exceed the sum of $750.00, to be paid from funds heretofore appropriated for construction of recreational facilities, provided, nevertheless, that Kumaka Center for Black Education shall have obtained for itself a lease of the aforesaid property for a term not less than two years, that said Center agree that i shall be' fully responsible for the day-to-day maintenance and cleanup of the propert that the Center will make the aforesaid facilities available for public recreation a will indemnify and save harmless the City of and from all liability for personal injury or property damage arising or occurring in any manner on or from the aforesai, use of its leased property; said Kuamka Center for Black Education's full agreement to the conditions and provisions hereof to be evidenced by execution of an attested copy of this resolution to be retained in the files of the City Clerk. Roanoke., Virginia ACCEPTED AND AGREED TO: KUAMKA CENTER FOR BLACK EDUCATION ,, (Title) APPROVED July , 1970 ATTEST Mayor 385 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lSth day of July, 1970. No. 19256. AN ORDINANCE authorizing and providing for the City's lease of the Air Cargo Building and certain adjacent outside space at Roanoke Municipal Airport to Piedmont Aviation, Inc., for a term of ten years, upon certain terms and conditions. WHEREAS, after negotiations conducted through the City Manager, Piedmont Aviation, Inc., has submitted to the City its proposal of the terms of its lease of the Air Cargo Building under construction at the Roanoke Municipal Airport and of certain adjacent outside space, having executed said lease prior to submittal of the form thereof to the City Manager; and WHEREAS, a copy of the proposed lease, as hereinafter authorized to be entered into, is on file in the office of the City Clerk and has been submitted to the members of the Council for inspection, and the Council deems it to the best interest of the City to authorize that the City agree and enter into said lease. THEREFOR. E, BE IT ORDAINED by the Council of the City of Roanoke that said City of Roanoke do lease unto Piedmont Aviation, Inc., approximately 483.25 square feet of air conditioned office space and approximately 2635.22 square feet of non-ai: conditioned warehouse space in the City's new Air Cargo Building now under construct and, additionally, approximately 1548.75 square feet of outside paved canopy' overhan area adjacent to said building, for a term of ten years to commence within thirty days following notice to Piedmont that the leased premises are ready for occupancy and for an annual rental to the City of $9,437.16 during the first five (5) years of said term, payable in monthly installments of $786.43, in advance, and for an annual rental of $8,537.76 during the last or second five (5) years of the ten-year term thereof, payable in monthly installments of $711.47, in advance, and subject to and upon all other terms, conditions and provisions of that certain lease submitted to t City in executed form by Piedmont Aviation, Inc., and prepared for the purpose of this letting; a copy of which said lease is on file in the office of the City Clerk. BE IT FURTHER ORDAINED that the City Manager be, and is hereby authorized and directed to execute the aforesaid lease and requisite duplicate copies thereof on behalf of the City, and that the City Clerk be, and is directed to seal and attest the same; thereafter a fully executed copy to be transmitted by said Clerk to Pied- mont Aviation, Inc., in Winston-Salem, North Carolina.. APPROVED ATTEST: /City Clerk Mayor )ri 386 un IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lSth day of July, 1970. No. 19257. AN ORDINANCE accepting the proposal of Frantz Flying Service, Inc., for operat. er a lease from the City of Roanoke the aviation fuel service business and certain related services at Roanoke Municipal (Woodrum) Airport until August 31, 1971, upon certain terms and conditions; authorizing the proper City officials to execute a requisite contract; and rejecting all other bids. WHEREAS, at the meeting of the Council held on June 8, 1970, and after due and proper public advertisement made therefor, three (3) sealed bids or proposals for operating under a lease from the City of Roanoke the aviation fuel service business and certain related services at the City's Municipal Airport until August 31, 1971 were received, opened and read before the Council, whereupon all said bids were referred to a committee composed of the Assistant City Manager, Chairman, the City Engineer, the City Airport Manager, the City Attorney and Councilman Vincent S. Wheel for the purpose of tabulating and studying said bids and making recommendation thereo to the Council; and WHEREAS, the aforesaid committee has tabulated and studied all said bids and reported in writing to the Council at its meeting held on July 6, 1970, that the bid or proposal of Frantz Flying Service, Inc., has been determined to constitute the best bid submitted to the City pursuant to its advertised invitation, that said bid meets the City's specifications for bids required of all bidders and should be accepted; and that the other two bids should, accordingly, be rejected; and WHEREAS, upo.n the Council's receipt of the aforesaid committee report, repre- sentatives of all bidders and all other interested parties were afforded an opportuni to be heard further on the matter before the Council, whereupon, and at the conclusio of which further hearing, the Council is of opinion to concur with thereport of the aforesaid committee. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:.. 1. That the written proposal of Frantz Flying Service, Inc., made to the City under date of June 8, 1970, for operating under a lease from the City of Roanoke the aviation fuel service business and certain related services at Roanoke Municipal (Woodrum) Airport until August 31, 1971, which said proposal guarantees the following. in payments to the City, namely: (1) amount per gallon for aviation gasoline (2) amount per gallon for aviation turbine fuel and (3) - $0.028; - $0.028; 10% of gross monthly receipts for other sales involving products and labor such as oil, methanol, glycol, fuel additives, o~ygen, food catering for over six aircraft occupants and collection of applicable landing fees; which said proposal is on file in the office of the City Clerk be, and said proposal is hereby ACCEPTED. r, 387 2. That the City Manager and the. City Clerk be, and they are hereby authorized and directed, for an 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, shall be approved by the City Manager, and the form of which shall be approved by the City Attorney, the term of said contractto end at midnight, August 31, 1971. 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 hereby REJECTED, the City Clerk to so notify each said other bidder and to express to each the City's appreciation for said bids. APPROVED ATTEST: ,~ , ,'1 'x / ' City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1970. No. 19261. AN ORDINANCE to amend and reordain certain sections of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Raunoke that cer- tain sections of the 1970-71 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - MANPOWER DEVELOPMENT ~ TRAINING ACT ~21000 $ 6,002.02 SCHOOLS - PROJECT HEADSTART ~51000 3,938, 34 SCHOOLS - PROJECT E.P.I.C. =54000 7,005.71 SCHOOLS -WORK INCENTIVE PROGRAM =56000 8,068.25 SCHOOLS - PROJECT SECOND STEP ~57000 33,103.71 SCHOOLS - ADULT BASIC EDUCATION ,~58000 1,692.37 SCHOOLS - KINDERGARTEN FOLLOW-UP STUDY =59000 2,068.67 SCHOOLS - PROJECT FOCUS =60000 114,677.96 SCHOOLS - EDUCABLE MENTALLY RETARDED CURRICULUM GUIDE DEVELOPMENT =61000 5,492.00 SCHOOLS - PROJECT HEADSTART =62000 81,288.00 SCHOOLS - LIBRARY BOOKS & MATERIALS =63000 16,145.00 SCHOOLS - PERSONAL SERVICES =64000 (1) 22,000.00 (1) To be 100% reimbursed from federal funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED 388 IN THE COUNGIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of-July, 1970. : No. 19262. .AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvement Fund," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 Improvement Fund," of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENT FUND =B9 Reconstruction of ramp at Hangars 11 and 12 at Roanoke Municipal (Woodrum) Airport 71-1 $30 309 22 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1970. No. 19263. AN ORDINANCE to amend and reordain Section =22, "Commonwealth's Attorney," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that "C Section .**22, ommonwealth's Attorney," of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY ~22 Dues, Memberships and Subscriptions .............. $258.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 389 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1970. No. 19264. "Tr AN ORDINANCE to amend and reordain Section =89, ansfers to Capital Improvement Fund," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Section Ordinance, in part: Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that ~89, "Transfers to Capital Improvement Fund," of the 1970-71 Appropriation be, and the same is hereby, amended and reordained to read as follows, TRANSFERS TO CAPITAL IMPROVEMENT FUND =89 Civ. ic Center 62-16 ............................... $ 90,000.00 Washington Park 69-8 ............................. $ 2,200.00 Airport Runway 33-71-2 ........................... $260,000.00 Patrick Henry High School-Field House 71-3 ....... $ 55,000.00 Addison High School Driveway 71-4 ................ $ 5,000.00 Municipal Building.CIP-10 (1) .................... $369,800.00 Main Fire Station CIP-11 ......................... $ 75,000.00 N. W. Fire Station CIP-12 ........................ $ 50,000.00 Rt. 460, 581 to 12th. St. CIP-18 ................. $150,000.00 Tenth Street CIP-21 .............................. $128,000.00 Second Street Drain CIP-29 ....................... $ 9,000.00 Somerset Street Drain 0IP-33 ..................... $ 41,000.00 Jefferson High School Adddition CIP-40 ........... $ 83,000.00 William Fleming High School-Field House CIP-43... $ 55,000.00 Unallocated Bond Funds ........................... ($ 16,313.50 Unappropriated General Funds ..................... ($ 91,609.98 Net increase- $1,265,076.52 (1) Reid ~ Cutshall Building $ 119,800.00 Old Municipal Building- $ 250,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1970. No. 19265. A RESOLUTION relating to the installation of a certain sound system in the Council Chamber of the Municipal Building Annex. BE IT RESOLVED by the Council of the City of Roanoke that of the several alternatives for the purchase of certain sound systems in the Council Chamber of the 390 Municipal Building Annex reported to the Council by the City Manager at the meeting held July 6, 1970, the Council doth APPROVE the installation of a sound system that will adequately provide for press, radio and television coverage, consisting of a complete microphone system with pre-amplifiers, compressor and distribution amplif with independent output terminations at 13 locations for media pickup, installed in such manner as to be later expanded into a full sound system, including recording equipment for use of the City Clerk, at an estimated cost of $4,800.00. BE IT FURTHER RESOLVED that the City Manager do cause the preparation of adequate plans and specifications for the aforesaid sound system and, thereafter, cause advertisement to be made for bids for furnishing and installing said sound system, the same to be returnable before the Council. APPROVED ATTEST: Cfty Clerk Ma IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1970. No. 19266.. AN ORDINANCE to amend and reordain Section =Bg, "Transfers to Capital Im- provement Fund," of the 1970-71~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 ex,st. THMREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~89, "Transfers to Capital Improvement Fund," of the 1970-71 Appropriation Ordinance be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENT FUND =B9 Municipal Building, CIP-IO (1) ........................ 94,800.00 (1)Sound System for Council Chamber in new Municipal Building Annex BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / City Clerk APPROVED Mayor 391 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1970. No. 19268. A RESOLUTION taking note of the excellent safety record of students traveli to and from schools in the City during the past three consecutive school years; and commending them and other responsible for such record. WHEREAS, the Council has been advised that during the past three consecutiv school years, there occurred but one minor accident involving motor vehicles and students traveling to and from schools throughout the City of Roanoke; and WHEREAS, in comparison with the records of previous years, and taking into account ever increasing pedestrian, as well as vehicular traffic, and rising rates of speed, the Council deems this safety record a highly noteworthy achievement and a goal to be achieved from year to year. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth gratefully recognize and express appreciation to each and every student, parent and member of the motoring public, and, especially, to those persons constituti the several school safety patrols and the school crossing guards, all of whom, through a high regard for the well-being of others .and by exhibiting an exceptional degree of caution and concern, have contributed to the goal of making safe the City's streets and sidewalks for the benefit of the City's citizens and children. /'J~'~ ~ / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1970. No. 19269. A RESOLUTION confirming the City Manager's appointment of Donald W. Graham as Director of Personnel, effective July 6, 1970; and confirming the City Manager's appointment of Alfred K. Hughson as Chief of the Fire Department, effective August 4, 1970. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the said Council doth hereby confirm the City Manager's appointmen of Donald W. Graham as Director of Personnel and head of the City's Department of Personnel, effective July 6, 1970, as the said appointment was heretofore duly reported to the Council by the City Manager at the Council's meeting held June 22, 1970; and g 392 2. That the,said Council doth hereby confirm the City Manager's~ appointmen of Alfred K. Hughson as Chief of the Fire Department and head of the City's said Fire [lepartment, effective August 4, 1970, as said appointment was heretofore duly reported to the Council by the City Manager at the Council's meeting held June 29, 1970. ATTE S T: ~i:y Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1970. No. 19267. AN 'ORDINANCE to amend and reordain Sec. 8. Bottled gas, of Chapter 3, Utility Service Tax, Title VrI. Taxation,~ of the Code of the City of Roanoke, 1956 imposing and fixing ,the rate of tax to be paid by purchasers of bottled gas furnish in the City on and after August 1, 1970; and providing for the publication of this ordinance and for the effective date thereof. WHEREAS, the Council deems it advisable and equitable to decrease by four percent, (4%), the rate of excise tax imposed upon purchasers of bottled gas in the City as provided in Sec. 8., Chapter 3, Title VI of the Code of the City of Roanoke, 1956, thereafter and commencing on August 1, 1970, the rate of such tax to be as now provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 8. Bottled gas, of Chapter 3, Utility Service Tax, Title VI. Taxation, of the Code of the City of Roanoke, 1956, be amended and reord~ned to read and provide as follows: Sec. 8. Bottled gas. The Virginia Retail Sales and Use Tax being imposed at the rate of 4% on purchasers of bottled gas, the tax imposed in section 2 of this chapter is ,hereby imposed and, levied and shall apply to the purchase of bottled gas to be used within the corpor,ate limits for cooking, heating, gas refrigeration and lighting, but at the rate of eleven percent (11%) of the charge made by the seller against the purchaser with respect to such commodity. BE IT FURTHER ORDAINED that the City Clerk do cause this ordi nance to be printed in full once in a newspaper of general circulation in the City within ten (10) days after its final passage. BE IT FINALLY ORDAINED that this ordinance shall be in force and effect on and after August 1, 1970. APPROVED ATTEST: 393 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1970. No. 19270. A RESOLUTION directing that James H. Turnbull, a member of the Fire Depart- ment, be paid his regular salary for the period of June 10, 1970, through July 6, 1970. WHEREAS, James H. Turnbull, a member of the Fire Department, was injured in line of duty on April 9, 1970, and agreeable to the authorization contained in Resolution No. 4748, adopted February 28, 1936, was paid his regular salary for a period of sixty days while off duty as a result of such injuries, he having returned to his regular duties on July 7, 1970; and WHEREAS, the City Manager has in written report to the Council recommended that authorization be given that James H. Turnbull be paid his regular salary for the period of June 10, 1970, through July 6, 1970, in which recommendation this Council concurs. THEREFORE, BE IT RESOLYEO by the Council of the City of Roanoke that James Turnbull, a member of the City's Fire Department who was injured in line of duty on April 9, 1970, and who was unable to perform his regular duties by reason of such injury until July 7, 1970, be paid his regular salary for the period of June 10, 197( through July 6, 1970. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1970. No. 19271. AN ORDINANCE to amend and reordain Sec~tion =69, "Refuse Collection and Disposal," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~69, "Refuse Collection and Disposal, of the 1970-71 Appropriation 0rdinanc be, and the same is hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION AND DISPOSAL ~69 Personal Services (1) .............................. $934,259.00 (1) Net increase ............. $1,008.00 Three Equipment Operator II's to be placed in Range 15, Step 4 of the Pay Plan. 394 BE IT FURTHER~ ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 'City clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE', VIRGINIA, The 20th day of July, 1970. No. 19272. AN ORDINANCE to amend and reordain Section =77, "Civic Center," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. ? THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that " of the 1970-71 Appropriation Ordinance, be, and the sam~ "Civic Center, Section =77, is hereby, amended and reordained to read as follows, in part: CIVIC CENTER =77 Personal Services ............................... $138,348.00 Administrative Assistant for a period of 10 months, 6 months at Step 1 and 4 months at Step 2. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1970. No. 19273. A RESOLUTION approving the City's supply of surplus water to Dr. Myron E. Henderson, owner and occupant of premises known as 934 Commander Drive, N. W., in Roanoke County. BE IT RESOLVED by the Council of the City of Roanoke that Dr. Myron E. Henderson, owner and occupant of premises in Roanoke County, abutting Captain's Grove Estates Subdivision having made application for right to connect to the City's existing water main on Charnwood Circle in said subdivision for the supply of the City's surplus water, and good reason having been shown therefor, the Council doth approve the City's supply of surplus water to the aforesaid occupant of 395 934 Commander Drive, N. W., through metered connection to be made at the northerly terminus of Charnwood Circle, provided that the said Dr. Myron E. Henderson shall have first obtained and shall have recorded in the appropriate Clerk's Office a good and sufficient deed of easement granting to the said Dr. Myron E. Henderson, his heirs and assigns, a perpetual easement for no less than a lO-foot wide right-of-way through and across Lot 9, Block 13, Section No. 2, Captain's Grove Estates Subdivision, for the purpose of providing the owner or occupant of 934 Commander Drive, N. W., a service connection for a water line from Charnwood Circle to a single premises known as 934 Commander Drive, N. W., such connection to be made, otherwise, in full accordance with Rule 38 of the City's Rules and Regulations for its Water Department, and to such charges for said surplus water as may be hereinafter fixed by Council. A P P R 0 YE.D ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1970'. No. 19274. AN ORDINANCE to amend and reordain Section ~20, "Municipal Court," of the 1970-71 Appropriation Ordinance, and providi, ng for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINE[~ by the Council of the City of Roanoke that Section ~20, "Municipal Court," of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL COURT ~20 Office Furniture and Equipment - New (1) (2) ......... $963.00 (1) Net increase- $798.00 (2) 1 chair @ $ 62.00 1 desk @ 250.00 1 typewriter @ 486.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall bi in effect from its passage. ATTEST: -~ity Clerk APPROVED Mayor 396 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1970. No. 19277. AN ORDINANCE to amend and reordain Section ~47, "Fire Department," of the 1970-71 Appropriation ,Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ;~47, "Fire Department," of the 1970-71 APpropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FIRE DEPARTMENT ~47 (1) ......................... $1,588,761.00 (1) Net increase $5,000.00 for one 1959 Walters Crash Fire Truck BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its' passage. ATTEST: / ~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1970. No. 19278. .A RESOLUTION approving the filing of application for grants under the Federal Crime Prevention Program. WHEREAS, the City Manager has recommended that application be made to the Virginia Law Enforcement Administration for certain grants to the City under the Federal Crime Prevention Program hereinafter described, the local share in the cost of which programs would amount to $30,980, $24,235 of which would be proposed to be paid by the City in the form of in-kind contributions and $6,745 of which would be by cash contributions; and. WHEREAS, the Council, considering the proposal, concurs in the same. 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 file initial applicatims on behalf of the City with the Virginia Law Enforcement Administration for action gran of Federal funds aggregating the amount of $43,478 to be expended by the City pursuan to the Federal Crime Prevention Program and as proposed and recommended by the City Manager in his written report to the Council made July 27, 1970; and, in filing such applications, to give and make assurance that, should such applications be approved 397 and said 9rants, or any of them, be made, the City will provide in-kind contributio aggregating the value of $24,235 and cash contributions aggregating $6,745, as shown on the proposed four applications for such 9rants attached to the City Manager's report of July 27, 1970, aforesaid. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1970. No. 19279. A RESOLUTION p~oviding for the sale, execution, form, advertisement of sale, delivery and tax levy to pay $7,000.000 of bonds authorized at an election held on the 14th day of June, 1966, to defray the cost of a needed permanent public improvement, to-wit: a Civic Center consisting of an Auditorium and related public buildings, including land, parking facilities and landscaping in connection therewith WHEREAS, the Freehold voters of the City of Roanoke, on the 14th day of June, 1966, approved an ordinance (No. 16956) for the issuance of $7,000,000 of bond of the City of Roanoke for the purpose of providing funds to defray the cost of a needed permanent public improvement, to-wit: a Civic.Center consisting of an Auditorium and related public buildings, including land, parking facilities and landscaping in connection therewith; and WHEREAS, none of the said $7,000,000 authorized bonds have been sold by the City and the Council deems it advisable and to the best interest of the City to now make provision for the sale of said bonds; and WHEREAS, the form of the bonds and coupons herein after provided for has been approved by the City Attorney in a separate writing filed and preserved with the records of the Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows 1. That the $7,000,000 of bonds authorized at an election held on the 14th day of June, 1966, to defray the cost of a needed permanent public improvement, to- wit: a Civic Center consisting of an AUDITORIUM and related public buildings, including land, parking facilities and landscaping, be, and the same are to be offered for sale,~ in their entirety, to the best bidder to the City on the 19th day of August, 1970, at 12:00 o'clock, noon, Eastern. Daylight Saving Time, and the bidders shall be required to name the rate or rates of interest to be borne by the bonds, expressed in multiples of one-eighth or of one-twentieth of one per centum per annum, but no more than four rates shall be bid for the bonds and the highest rate shall not exceed two times the lowest rate. Each rate bid shall be for con- secutive whole maturities and shall not be repeated. 398 2. That the proper officers of the City are hereby authorized and direct~ to execute, f. or and on behalf of and in the name of the City of Roanoke, coupon bonds in the aggregate aforesaid amount of $7,000,000. Said bonds shall be in the demoni- nation of $5,000 each, shall be dated September 1, 1970, shall be .payable to Bearer serially in numerical order $5Q0,000 bonds on September 1st in each of the years 1971 to 1980, inclusive, and $400,000 bonds on September 1st in each of the years 1981 to 1985, inclusive, without option of prior redemption. Said bonds shall be numbered from 1 to 1400, inclusive, and shall bear interest at a rate or rates to be determined by the City Council, payable each year in semiannual payments, shall be signed in the name of the City of Roanoke by the facsimile signature of the Mayor shall bear a facsimile of the seal of the City attested by the facsimile signature of the City Cle~ and shall be authenticated by the manual signature of the City Treasurer, and the numbered coupons attached to said bonds shall be signed in the name of the City of Roanoke by the facsimile signature of the City Treasurer, which shall be recognized by the City of Roanoke as :having the same legal effect as if suc signature had been written upon each coupon by the City Treasurer. Said bonds and coupons shall be payable at the principal office of The Chemical Bank, in New York, New York,,or, at the option of the holder, at the principal office of The~First Nalional Exchange Bank of Virginia, in Roanoke, Virginia. 3. That the City Auditor be, and he is hereby directed to cause said bonds to be printed which, with the coupons attached thereto, shall be in sub- stantially the following form, to-wit: UNITED STATES OF AMERICA NUMBER NUMBER $5,000 $5,000 STATE OF VIRGINIA CITY OF ROANOKE Public Improvement Bond Series "A- 1" KNOW ALL MEN BY THESE PRESENTS, that the CITY OF ROANOKE, a municipal corporation created and organized under the laws of the State of Virginia, for valm received; acknowledges itself indebted and promises to pay to the. Bearer hereof, the sum of FIVE THOUSAND DOLLARS ($5,000), payable in lawful money 'of the United,States of America',~ on the day of ~ , 19 . , at the principal office of The Chemical Bank, in New York, New York, or, at the Holder's option, at the principal office of The First National Exchange Bank of Virginia, in ltoamke, Virginia, with interest at the rate of per centum ( %) per annum, payable semiannually on the 1st day of March and the 1st day of September of each year upon the surrender of the respective coupons attached hereto as they severally become due. 399 This bond, which is one of an issue of 1400 bonds of similar date and denomination, numbered from 1 to 1400, inclusive, and payable in numerical order $500,000 bonds on Septembe.r 1st in each of the years 1971 to 1980, inclusive, and $400,000 bonds on September 1st in each of th.e years 1981 to 1985, inclusive, without option of prior redemption, is issued for the purpose of providing funds to defray the cost of a needed permanent public improvement, to-wit: a Civic Center consisting of an Auditorium and related public buildings, including !and, parking facilities and landscaping, in pursuance of an ordinance of the Council of the City of Roanoke, Virginia, adopted on the llth day of April, 1966, and ratified by a majority of the qualified voters of said City voting at an election duly and legally called, held and conducted on the 14th day of June, 1966, and under and in pursuance of the Constitution and statutes of the State of Virginia, including, among others, an Act of the General Assembly of Virginia, approved on the 7th day of March, 1952, entitled "An Act to provide a new charter for the City of Roanoke; and to repeal Chapter 473 of the Acts of Assembly of 1924, approved March 22, 1924, which provided a new charter for said city, and all amendments thereof", as amended; and this bond shall be exempt from all municipal taxation of said City. It is hereby certified, recited and de, clared that the issue of .this bond is made in strict conformity with the Constitution and statutes of the State of Virginia, and the charter and ordnances and resolutions of the City of Roanoke authorizing the same; and that all acts, conditions and things required to exist, happen and be performed precedent to and in the issue of this bond have existed, happened and been performed in regular and due time, form and manner, as required by law; and that this issue of bonds, including all other indebtedness of said City, does not exceed any Constitutional or statutory limitation of indebtedness, and that an ad valorem tax shall be levied on all the taxable property of the City of Roanoke sufficient to pay this bond and the interest thereon as the same become due and payable. IN TESTIMONY WHEREOF, the said CITY OF ROANOKE has authorized and caused this bond to be signed in its name 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 COUlXnS hereto attached to be signed in its name by the facsimile signature of the City Treasurer, and this bond to be dated the 1st day of September, 1970. City Clerk ATTEST: Rke, City Seal CITY ,OF ROANOKE, By Mayor City Treasurer 40O (FORM OF COUPON) On the day of , 19 , THE CITY-OF ROANOKE, Virginia, will pay to the bearer at the principal office of The Chemical Bank, in Ne~ York, New York, or, at the holder's option, at the principal office of The First National Exchange Bank of Virginia, in Roanoke, Virgin£a, DOLLARS ( $. being the semiannual interest then due on its Public Improvement Bond,: dated the 1st day of September, 1970. SERIES "A-- 1" CITY OF ROANOKE, No. By City Treasurer 4. That the City Clerk be, and she is hereby directed to advertise said sale of bonds in such publications as to her shall seem best and for such length of time as she shall deem necessary, reserving to the City the right to reject any and all bids.- 5. Said bonds shall be delivered on September 1, 1970, or as soon there- after as the bonds may be prepar&d; and the net proceeds from such sale shall be used to defray the cost to the City of a Civic Center consisting of an Auditorium and related public buildings, including land, parking facilities and landscaping in connection therewith, and for no other purpose. 6. In each year while any of said bonds are outstanding there shall be levied an ad valorem tax on all the taxable property of the City of Roanoke suffi- cient to pay said bonds and the interest thereon, as provided by the Charter of the May or City of Roanoke. ATTEST: k , APPROVED 401 IN THE COUNCIL OF THE CITY OF ROANKE, VIRGIN IA, The 27th day of July, 1970. No. 19280. A RESOLUTION providing for the sale, execution, form, advertisement of sale, delivery and tax levy to pay $3,500,000 of bonds, being a part of $16,900,000 of bonds authorized at an election held on the 2nd day of May, 1967, to defray the cost of needed permanent public improvements, to-wit: additions, betterments, ex- tensions and improvements of and to its municipal airport, its public buildings in- cluding its municipal building, fire stations, refuse di.sposal facilitie, s and service center, its public streets, highways and bridges, its system of storm drains, its public schools and for projects authorized pursuant to Article 7, Chapter 1, Title 36 of the Code of Virgin ia, as amended. WHEREAS, the freehold voters of the City of Roanoke, on the 2nd day of May, 1967, approved an ordinance (No. 17413) for the issuance of $16,900,000 of .bonds of the City of Roanoke for the purpose of providing .funds to defray the cost of needed permanent public improvements, to-wit: addit.ions, betterments, extensions and im- provements of and to it.s municipal airport, its public bui.ldings including its municipal buikiing, fire stations, refuse disposal facilities and service center, its public streets, highways and bridges, its system of storm sewers and storm drains, its public schools and for projects authorized pursuant to Article 7, Chapter 1, Title 36, of the Code of Virginia, as amended; and WHEREAS, none of the said $16,900,000 authorized bonds have been sold by the City and the Council deems it advisable and to the best interest of the City to now make provision for the .sale of $3,500,000 of said bonds; and WHEREAS, the form of the bonds and coupons hereinafter provided for has been approved by the City Attorney in a separate writing filed and preserved with the records of the Council. THEREFORE, BE IT RESOLVEDby the Council of the City of Roanoke as follows: 1. That $3,500,000 of the $16,900,000 of bonds authorized at an ,election held on the 14th day of June, 1966, to defray the cost of needed permanent public im- provements, to-wit: additions, betterments, extensions and improvements of and to its municipal airport, its public buildings includin9 its municipal building, fire stations, refuse disposal facilities and service center, its public streets, highways and bridges, its system of storm sewers and storm drains, its public schools and for projects authorized pursuant to Article 7, Chapter 1, Title 36, of the Code of Virginia, as amended, be and said $3,500,000 of said bonds are to be offered for sale to the best bidder to the City, on the 19th day of August, 1970, at 12:00 o'clo( noon, Eastern Daylight Saving Time, and the bidders shall be required to name the rate or rates of interest to be borne by the bonds, expressed in multiples of one- eighth or of one-twentieth of one per centum per annum, but no more than four rates shall be bid for the bond and the highest rate shall not exceed two time the lowest rate. Each rate bid shall be fnr cnnsec.tiv~, whnlm m~t.,,r{t~ n.d ~h~]] ..t 4O2 bonds in the aggregate aforesaid amount of $3, 500, 000. Said bonds shall be in the denomination of $5,000 each, shall be dated September 1, 1970, shall be payable to Bearer serially in numerical order $200,000 bonds on September 1st in each of the years 1971 to 1980, inclusive, and $300,000 bonds on September 1st in each of the years 1981 to 1985, inclusive, without~ option of prior redemption. Said bonds shall be numbered from 1 to 700, inclusive, and shall bear interest at a rate or rates to be determined by the City Council, payable each year in semiannual payments shall be signed in the name of the City of Roanoke by the facsimile signature of the Mayor, shall bear a facsimile of the seal of the City attested by the facsimile signature of the City Clerk, and shall~ be authenticated by the manual signature of the City Treasurer, and the numbered coupons attached to said bonds shall be signed ia the name of the City of Roanoke as having the same legal effect as if such signature had been written upon each coupon by the City Treasurer. Said bonds and coupons shall be payable at the principal office of The Chemical Bank, in New New York, or, at the option of the holder, at the principal office of the First~ National Exchange Bank of Virginia, in Roanoke~ Virginia. 3. That the City Auditoz be, and he is hereby directed to cause said bonds to be printed which, with the coupo.ns attached thereto, shall be in substantia: the .following form, to-wit: UNITED STATES OF AMERICA NUMBER NUMBER $5,000 $5,000 STATE OF VIRGINIA CITY OF ROANOKE Public Improvement Bond Series "A-2" KNOW ALL MEN BY THESE PRESENTS, that the CITY OF ROANOKE, a municipal corporation created and organized under the laws of the State of Virginia, for value received, acknowledges itself indebted and .promises to pay to the Bearer. hereof, the sum of FIVE THOUSAND DOLLARS ($5,000)., payable in lawful money of the United States of America, on the day of . , 19 ~, at the principal office of The Chemical Bank, in New York, New York, or, at the holder's option, at the principal office of T. he First National Exchange Bank of Virginia, in Roanoke, Virginia, with interest at the rate of .per centum ( ~ %) per annum, pay. able semiannually on the 1st day of .March and the 1st day of September of each year upon the surrender of the respective coupons attached hereto as they se. verally become due. This bond, which is one ,of an issue of 700 bonds of similar date and denomination, numbered from.1 to 700, inclusive, and payable in numerical order £y 403 $200,000 bonds on September 1st of each of the years 1971 to 1980, inclusive, and $300,000 bonds on September 1st in each of the years 1981 to 1985, inclusive, without option of prior redemption, is.issued for the purpose of providing funds to defray.the cost of needed permanent public improvements, to-wit: additions, better- ments, extensions and improvements.of and to its municipal airport, its public buildings including its municpal building, fire stations, refuse disposal facilities and service center, its public streets, highways and bridges, its system of storm sewers and storm drains, its public schools and for projects authorized pursuant to Article 7, Chapter 1, Title 36, of the Code of ¥irginia,.as amended, in pursuance of an ordinance of the Council of the City of Roanoke, Virginia, adopted on the 13th day of March, 1967, and ratified by a majority of the qualified voters of said City voting at an election duly and legally called, held and conducted on the 2nd day of May, 1967, and under and in pursuance of the Constitution and statutes of the State of Virginia, including, among others, an Act of the General Assembly of Virginia, approved on the 7th day of March, 1952, entitled "An Act to provide a new charter fo the City of Roanoke; and to repeal Chapter 473 of the Acts of Assembly of 1924, ap- proved March 22, 1924, which provided a new charter for said City, and all amendment thereof", as amended; and,this bond shall be exempt from all municipal taxation of s aid City. It is hereby certified, recited and declared that the issue of this bond is made in strict conformity with the Constitution and statutes of the State of Virginia, and the charter and ordinances and resolutions of the City of Roanoke auth rizin9 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 percormed 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 ex. ceed any Constitutional or statutory limitation of indebtedness, and that an ad valo~ tax shall be levied on all the taxable property of the City of Roanoke sufficient to pay this bond and the interest thereon as the same become due and payable. IN TESTIMONY WHEREOF, the said CITY OF ROANOKE has authorized and caused this bond to be signed in its name 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 1st day of September, 1970. ATTE ST: Rokeo City City clerk Seal CITY OF ROANOKE, By. Mayor City Treasurer m 4O4 (FORM OF COUPON) NCo On the day of , 19, , The CITY OF ROANOKE, Virginia, will pay to the Bearer at the principal office of The Chemical Bank, in New York, New York, or, at the holder's option, at the principal office of The First National Exchange Bank of Virginia, in Roanoke, Virginia, , DOLLARS ($, ~ ), 'being the semiannual interest then due on its Public Improvement Bond, dated the 1st day of September, 1970. CITY OF ROANOKE, By City Treasurer SERIES "A2" NO. 4. That the City Clerk be, and she is hereby directed to advertise said sale of bonds in such publications as to her shall seem best and for such length of time as she shall deem necessary, reserving to the City the right to reject any and all bids. , ~ 5. Said bonds shall be delivered on September 1, 1970, or as soon thereaft as the bonds may be prepared; and the net proceeds from such sale shall be.used to defray the cost to the City of additions, betterments, extensions and improvements of and to its municipal airport, its public buildings in cluding its municipal building, fire stations, refuse disposal facilities and service center, its public streets, highways ~ and bridges, its system of storm sewers and storm drains, its public schools and for projects authorized pursuant to Article 7, Chapter 1, Title 36, of the Code of Virginia, as amended, . and for no other.purpose. 6., In each year while any of said bonds are outstanding there shall be lev an ad valorem tax on,all the taxable property of the City of Roanoke sufficient to pay said bonds and the interest thereon, as provided by the Charter of the City of Roanoke. ATTEST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1970. No. 19281. A RESOLUTION providing for the advertisement and sale as a whole of the $7,0OO,000 of bonds authorized by ,Ordinance No. 16956 and of $3,500,000 bonds of the $16,900,000 bonds authorized by Ordinance No. 17413. ¸ed 4O5 WHEREAS, the Council has this day by resolutions duly adopted provided for the sale, execution, form, advertisement of sale, delivery and tax levy to pay $7,000,000 of bonds authorized by Ordinance No. 16956 and $3,500,000 of bonds of the $16,900,000 bonds authorized by Ordinance No. 17413, it being provided that sealed pr, oposals duly made for the purchase of such bonds be opened before the Mayor and the Members of the City Council in the Council Chamber at twelve o'¢1ock, Noon, Eastern Daylight Saving Time, August 19, 1970; and WHEREAS, the City desires to invite bids for the purchase and to make sale of all, but not any part of all ~10, 500, 000 such bonds. THEREFORE, BE IT RESOLYED by the Council of the City of Roanoke that the $7,000,000 bonds authorized by Ordinance No. 16956 and the $3,500,000 bonds of the $16,900,000 bonds authorized by Ordinance No. 17413, this day authorized by the Council to be advertised for sale, be advertised and offered for sale as a whole, and that the City's advertisement of the sale of such bonds invite and require proposals to be made for the purchase of all, but not any part of all such bonds. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1970. No. 19282. AN ORDINANCE amending Sec. 8. Classifie. d service, of Chapter 13, Personnel, of Title II of The Code of 'the City of Roanoke, 1956; 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. Classified s~-~ice of Chapter 13, Personnel, of Title II of The Code of the City of Roanoke, li56, be, and said section is hereby amended so as to read and provide as follows: Sec. 8. Classified service. The Classified service shall comprise all positions, including those in the police and fire departments and those under the school board, municipal court and Juvenile and domestic rela- tions court, not spec, ifically included by the preceding section in the unclassified service. All original appointments in the classified service shall be made from an eligible list certified by the director of personnel, except as provided in subsection (d) of section 3, and appointments to higher positions in the classified service shall be made as hereinafter provided. All original appointments shall be for a probationary period the conditions of which shall be governed by the rules established by the personnel board. Prior to the conclusion of the proba- tionary period of any employee, his service may be terminated by the head of his department with the confirmation of the city manager or superintendent of schools, as the case may be, if in 406 their opinion such employee does not possess the qualifications required by the position to which he was appointed. Upon the conclusion of the probationary period, bower, er, n~ member of ,the classified service shall be suspended for more than thirty days, reduced tn rank or pay ~or removed e~ept after notice in writing, ~ of the grounds of the proposed disciplinary action .and an opportunity to be ,heard thereon by the personnel board. If within five days following the service of such notice an employee shall in writing addressed to the personnel board request a hearing, the board shall fix a time and a place for such hearing to be held not less than five nor more than ten days after the receipt of such request and notify the employee thereof; provided that in the case of any employee of the, school board the request for such hearing shall be addressed to the school board and the hearing held by that board. The decision of the school board, either sustaining, reversing or modifying the disciplinary action appealed from shall be final. , Unless an employee shall, no later than five days prior to the date of the hearing, by writt'en request to the personnel board that the hearing be public, all hearings of the personnel board shall be closed except to legal repr~esentatives of the City and of the employee and to such material witnesses requested by the employee and who are determined by the chairman of, the personnel board to be material to the appeal; upon the request for a public hearing, the personnel board shall cause public notice of the hearing to be had by a single advertisement in a newspaper or general circulation in the City. The decision of the personnel board, either sustaining, reversing or modifying the disciplinary action appealed from, shall be promptly certified in writing to the city manager for final disposition. BE IT FURTHER 0RBAINEB that, an emergency existing, this ordinance shall in full force and effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1970. No. 19276. AN ORDINANCE authorizing and approving the construction of certain public sewer improvements on a portion of ~iorehead Avenue, S. E., and on 6 1/2 Street, S. E. in pursuance of an agreement between the City and Tempo Homes, Inc., an abutting landowner; and providing for an emergency. WHEREAS, Tempo Homes, Inc., owner of numerous undeveloped lots Situate in Blocks 1, 3 and 4, ~lap of Christian Heights, dated May 2, 1925, and owner of other lots in Blocks 10 and 12, according to Survey No. 3, Rivermont Development Corporati dated July 28, 1925, of certain other lots shown on the Revised Map of a Portion of Survey No. 3, Rivermount Development Corporation, and of two other parcels of land described as undeveloped acreage, has petitioned the Council pursuant to the pr0visi of § 15.1-240 of the 1950 Code of Virginia, as amended, to authorize the constructio in Morehead Avenue, S. E., and in 6 1/2 Street, S. E., of a public s~itary sewer mai and laterals to serve the properties abutting on said streets, offering in its petition to pay to the City one-half of the total cost of all such improvements, the 1! 407 estimated total cost of which is $8,826.24; and has offered to enter into written agreement with the City in the premises; and WHEREAS, the City Manager, the City Auditor and the City .Attorney, meeting with the petitioner and its attorney, have been advised that if said petitioner be authorized to construct said sewer lines with its own contractor but according to the City's Plans and specifications and subject to the City's approval and acceptance, th petitioner will bear seven-tenths (7/10) of all such costs, (three-tenths (3/10) of the whole costs to be reimbursed to the petitioner by the City); and said officials have so reported to the Council; and WHEREAS, funds sufficient to pay three-tenths, (3/10), of the total estimat cost of said improvements have been appropriated by the Council for the purpose, the remainder of such costs to be wholly borne and paid by Tempo Homes, Inc., immediately upon construction of said sewer lines and upon approval of such construction by the City Manager, and the Council deems it 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, upon acceptance of the provisions of this ordinance by Tempo Homes, Inc., as hereinafter provided, said Council doth authorize and approve the construction by Tempo Homes, Inc., of new public sanitary sewer mains, laterals and related necessary manholes and structures in that portion of Morehead Avenue, S. F.., and 0 1/2 Street, S. E., descri in the petition of Tempo Homes, Inc., made to the Council at its meeting held July 6, 1970, after there shall have been prepared and approved by the City proper plans and specifications therefor, the total estimated cost of which is $8,826.24. BE IT FURTHER ORDAINED that, upon completion of all such construction and upon approval and acceptance of said improvements by the City Manager and after Tempo Homes , Inc., shall have fully paid all cost for nuterials, labor, machinery and equipment and all oth~ costs incidental to such construction and shall have submitted to the City verified statements of all of the same and of its payment thereof, the City shall pay and reimburse to said Tempo Homes, Inc., three-tenths (3/10), of the total of all such actual costs, the amount of such reimbursement not to exceed, however, the sum of $2,647.87. BE IT FURTHER ORDAINED that this ordinance shall become effective at such time as Tempo Homes, Inc., shall have consented to the provisions herein contained, to be evidenced by its execution in triplicate of the acceptance form appended to attested copies of this ordinance, one executed copy thereof to be filed in the office of the City Clerk and another copy thereof to be filed in the office of the City Auditor, the third copy to be retained by said petitioner. BE IT FINALLY ORDAISED that, an emergency existing, this ordinance shall be in force and effect at the time hereinabove provided. ~ed 408 , 1970 ACCEPTED: TEMPO HOMES , INC. , By: President AP P R 0 VE n ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of August, 1970. No. 19275. AN ORDINANCE permanently abandoning, vacating, discontinuing and closing three (3) alleys and altering 6 1/2 Street in the Southeast section of the City of Roanoke, all appearing on the Map of Christian Heights dated May 2, 1925, prepared by W. Lofton Smith and of record in the Office of the Roanoke City Engineer under File =2391, and further shown on Sheet =414 of the 'Official Tax Appraisal Ma'p of the City of Roanoke. WHER'EAS, Tempo Homes, 'Inc., h'as heretofore filed application before the Council. of the City of Roanoke in accordance with Virginia Code § 15.1-364 requestin Council to permanently abandon, vacate, discontinue and close three (3) certain ~alley in said application described and to alter 6 1/2 Street, S. Er. in a manner also-there. in described; and, WHEREAS, notices of the intended application were Posted in three (3) publi places in the City of Roanoke ten days prior to Council's consideration of said application as provided in Virginia Code ~15.1-364; and, ' WHEREAS, in accordance with the prayer contained in said application, Reso- lution No. 19199 was adopted by the aid City Council on the 25th day of May, 1970, pursuant to which viewers were appointed to view the said property and to report in writing what inconvenience, if any, would result from permanently abandoning, vacatin. discontinuing and closing the said alleys hereinafter described and by altering 6 1/2 Street, S. E. in the manner hereinafter described, and further th'e said City Council referred the issues raised by said applicant to the Planning Commission of the City of Roanoke for the Commission's study of said request and a report thereon; and WHEREAS, it appears from the report in writing filed by the viewers with the City Clerk dated July 2, 1970, together with the affidavit of said v:iewers sub- scribed to on May 28, 1970, that no inconvenience would result, either to any indivi- dual or to the public, from the permanent abandoning, vacating, discontinuing and closing of the said three (3) alleys nor would any inconvenience result to any indivi. hal or the public by the altering of 6 1/2 Street, S. E., and to which report no exce tions have been filed; and, WHEREAS, the City Planning Commission by letter directed to the Mayor of the City of Roanoke and the members of City Council dated June 18, 1970, recommended to City Council that the request contained in the application aforesaid be granted; and, WHEREAS, after notification to the land proprietors along the alleys and street hereinafter described and after newspaper publication as by statute provided, a Public Hearing was held before Council on the 20th day of July, 1970, at which hearing all interested parties and citizens were afforded an opportunity to be heard on the question of the proposed alley closings and street alteration; and WHEREAS, upon consideration of the matter, the Council is of the opinion that no inconvenience will result to any owner or to the public from the permanent abandonment, vacating, discontinuance and closing of the three (3) alleys hereinafte described and that the widening and alteration' of 6 1/2 Street, S. E., as hereinafter prescribed is desirable for the orderly development of the area. THEREFORE, BE IT ORDAINED by the Council of the City of Rom oke, Virginia, that the following alleys located in the southeast section of the City of Roanoke be, and the same hereby are, permanently abandoned, vacated, discontinued and closed: BEING ten (10) feet wide, lying between Morehead Avenue on the south and 6 1/2 Street on the north, extending from Morrill Avenue on the west to 6 1/2 Street on the east for a distance of 254.71 feet more or less, and being bordered on the south by Lots 1 through 7, Block 3 and on the north by Lots 9 and 10, Block 3, as shown on the Map of Christian Heights, dated May 2, 1925, prepared by W. Lofton Smith and of record in the Office of the City Engineer under File ~2391. Alley ~2 BEING ten (10) feet wide, lying between Buena Vista Boulevard on the south and Morehead Avenue on the north, extending from Morrill Avenue on the west to 6 1/2 Street on the east for a distance of 622.6 feet more or less, and being bordered on the south by Lots 1 through 16, Block 1, and on the north by Lots 17 through 29, Block 1, as shown on the Map of Christian Heights dated May 2, 1925, prepared bY W. Lofton Smith and of record in the Office of the City Engineer under File ~2391. Alley ~3 BEING ten (10) feet wide, lying immediately north of Buena Vista Boulevard, extending from 6 1/2 Street on the west to a ten (10) foot alley on the east for a distance of 199..98 feet more or less, and bordered on the south by Lots 1 through 6, Block 4, and on the north by Lot 7, Block 4, as shown on the Map of Christian Heights dated May 2, 1925, prepared by W. LoftOn Smith and of record in th~ Office of the City Engineer under File ~2391. BE IT FURTHER ORDAINED; that 6 1/2 Street, S. E. be altered so as to chart( a presently existing 90o angle turn to one of approximately 49o 51' and be increased in width to fifty (50) feet over portions thereof; that said alteration and widening be effected by Tempo Homes, Inc., owner of all of the land abutting both sides of said street, recording in the Office of the Clerk of the Hustings Court of the City of Roanoke a certain map of resubdivision entitled "Map of Resubdivision of Portions of Blocks 1, 3 and 4, Christian' Heights" dated May 12, 1970, prepared by T. P. Park, Va. S. C. E., which said map has been approved by the City Engineer and the Roanoke .09 4 .o City Planning Commission as by 'statute provided, the effect of the recordation of which aforesaid map~ of resubdivision shall be such as to transfer to and vest in the City the fee simple title to the land of Tempo Homes, Inc. necessary for the purpose of widening 6 1/2 S~treet, S. E. to a width of 50.0 feet and of altering and reloc.utin, a portion thereof, all to the extent shown on the aforesaid map of resubdivision; and 6 1/2 Street shall be, and the same hereby is, widened, altered and relocated as shown on said map, such portion of 6 1/2 Street, S. E. as is not embraced in the course shown on said new map being, and the same hereby is, permanently abandoned, vacated, discontinued and closed as a public street of the City of Roanoke. BE IT FURTHER Ot{DAINED that the City Engineer of the City' of Roanoke be, an he hereby is, directed to mark "Permanently Abandoned, Vacated, Discontinued and Closed" those three (3) certain alleys hereinabove described on all maps 'and plats on file in the Off,i~e of eche City Engineer of the City of Roanoke, Virginia, on which said maps and plats said alleys are shown, referring to the book and page of Ordinanc. and Resolut,ions of Council wherein this Ordinance shall be spread'; and, that the said City Engineer make such alteration on the maps and plats aforesaid as are needful and requisite to show the alterat,ion of 6 '1/2 Street, S. E., as hereinabove ordained, referring to the book and page of Ordinances and Resolutions of Council, wherein this Ordinance shall be spread. BE IT ~-URTHER Ot{DAINED that notwithstanding anything to the contrary herein contained, t~e City reserves unto itself an easement for any water or sewer or other public utility line or lines, if any, now existing in the three (3) alleys hereinab~e described and in that portion of 6 1/2 Street, S. E., which is herein abandoned and vacated, along with the right of ingress and egress for the maintenance and repair thereof. BE IT FURTHER ORDAINED that t~e Clerk of this Couacil deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, an attested copy of this Ordinance in order that the said Clerk may make proper notations on all maps or plats recorded in his said office upon which are shown the said alleys herein permanently abandoned, vacated, discontinued and closed and the street herein altered, and may record said ordinance contemporaneously with the "Map of Resubdivision of Portions of Blocks 1, 3 and 4, Christian Heights," dated May 12, 1970, aforesaid, at the cost of the applicant, indexing the same in the name of the City of Roanoke as grantor and grantee and, likewise, in the name of Tempo Homes, Inc., as grantor and grantee. APPROVED ATTEST: A;ity Clerk Mayor 41i IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1970. No. 19283. A RESOLUTION offerin9 to delete the City's requirement of the installation of certain parallel sewer lines and the installation of special holding tanks made applicable to the City's offer to accept for transmission and treatment certain wastes from two (2) areas of land in Roanoke County as heretofore provided in Resolution No. 18689, adopted April 28, 1969. WHEREAS, upon request of the Board of Supervisors of Roanoke County con- tained in resolutions adopted by said Board on May 8, 1968, and November 27, 1968, the City of Roanoke, by Ordinance No. 18689, adopted April 28, 1969, offered to acce for transmission and treatment certain wastes from two (2) areas in said County described in said resolutions, under certain terms and provisions, including provi- sion that there be installed for the handling and tranmission of the wastes from sai( areas two (2) short segments of parallel 8-inch lines below Route 117 to relieve critical points and, further, that there be installed special holding tanks to dis- charge gradually into the Lick Run Interceptor until certain new relief sewer lines can be provided; and WHEREAS, subsequent thereto the Virginia Department of Health has promul- gated ruling that said Department will not approve or permit the installation of holding tanks in public sanitary sewer systems and the Board of Supervisors of Roanoke County, in order to make provision for the transmission and treatment of sewage wastes from certain large commercial developments now under construction in one or both of the abovementi~ned two County areas and in order not to delay the scheduled openin9 of such developments in August, 1970, has requested the City Council to amend or modify the requirements contained in the aforesaid Resolution No. 18689 to the extent of allowing and approving a proposed sewage lift station to be constmcted and connected to sewer lines located in Peters Creek Road and leading to the Peters Creek Interceptor Sewer in order that the sewage from said two (2) areas may be transmitted and treated under the terms of the contra,ct between the parties dated september 28, 1954, as heretofore amended; and WHEREAS, this Council and its advisors considerin9 generally unacceptable that sewage wastes generated in one drainage area be allowed to be pumped into other drainage areas for transmission and later treatment, but, under the extenuatin9 circumstances of the particular case, namely, that expensive development has proceed, to final stages in the areas abovementioned on the premise that the installation of holding tanks could be provided and that in recent days the Virginia Department of Health has, for the first time, made ruling against the construction of such holding tanks in all areas of the State, this Council is willing in this single instance to agree that the wastes from the two (2) areas described in its aforesaid resolution which would normally drain into the Lick Run, Interceptor Sewer may, instead, be 412 pumped into said County'.s sewer, lines located in Peters Creek Road and leading, to the Peters Creek Interceptor Sewer. , THEREFO[~E, BE IT RESOLVED by the Council of the City of Roanoke that the request of the Board of Supervisors of Roanoke County contained in its resdution adopted June 10, 1970, to amend this Council's aforesaid Resolution No. 18689 to the extent of allowing and approving the proposed sewer lift station to be construct and connected to sewer lines located in Peters Creek Road and leading to the Peters Creek Interceptor Sewer to serve: (a) 10.46+ acres between Interstate Route 581 and Route 117 - Property of Billy H. Branch, described by metes and bounds i.n Resolution adopted by said Board of Supervisors on May 8, 1968; and (b) 27.28+ acres - Property of Billy H. Branch, and others, described by metes and bounds in Resolution adopted by said: Board of Super- visors on November 27, 1968, under the terms of the contract dated September 28, 1954, between the City of Roanok, and the County of Roanoke, as said contract has heretofore been amended, be GRANTED, all other terms and provisions of said contract and of aforesaid Resolution No. 18689 to remain in force and effect between the parties. ? BE IT FURTHER RESOLVED that the City Clerk do promptly transmit an atteste, copy of this resolution to the Clerk of the aforesaid Board of Supervisors. AP P ROVE I] ATTEST: Mayor IN THE' COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of Augus~t, 1970. No. 19284. A RESOLUTION concurring, generally, in a report of the Council's Sewer Committee made July 27, 1970. I~HEREAS, the Council's Sewer Committee, consisting of two members of the Council'and the City Manager, made written report t,o the Council at its meeting held July 27, 1970, of meetings recently held by said committee with Similar representa- tives of other local governmental units at the instance of the Board of Supervisors o~ Roanoke County, at which meeting~ consideration has been given to the need for sani- tary sewer services and facilities to be supplied on a area-wide basis by a sihgle agency; and WHEREAS, the aforesaid committee report, enumerates in detail the steps heretofore taken by the City toward providing adequate sewer and -other services' for the community and the existence of current contracts to which the City is a party relating to the use of its sewage transmission and treatment facilities by other governmental units, and point out, also, the pendency of legal actions brought by the 413 City and by interested groups of citizens of the County, one result of which, hopefully, would be to resolve the problems of proper sewage transmission and treatment for all such communities; and WHEREAS, the Council, considering the aforesaid report, adopts the views of its committee members expressed in said report and made known to the representa- tives of Roartke County at the Joint committee meeting held July 23, 1970. THEREFORE, BE IT RESDLYEB by the Council of the City of Roanoke that this Council concurs, generally, with the report of the Sewer Committee made to the Council in writing under date of July 27, 1970, and insofar as said report reflects the views and positions stated by said committee members meeting with representative of the other governmental units of Roanoke galley. ATTEST; /~ / City Clerk A P P R 0 V E ~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1970. No. 19285. A RESOLUTION approving the restoration or reconstruction and use of a certain nonconforming structure, upon premises located at 1035 Lafayette Boulevard, N. W., being Lot 1, Block 3, according to the Map of Villa Heights and bearing Official No. 2431401. WHEREAS, Mr. Milton Edelman having heretofore made application to the Council that he be permitted to restore or reconstruct a structure located at 1035. Lafayette Boulevard, N. W., used previously for business purposes unde~ a certificat of occupancy for a nonconforming use, such premises having been destroyed by fire during the night of May 12, 1970; and WHEREAS, pursuant to the provisions of Sec. 37. Nonconforming-Structures, of the Zoning Ordinance of the City of Roanoke, the application was set for public hearing to be held on July 27, 1970, 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, at the public hearing aforesaid and certain objection having been voiced to the sale of beer on said premises on Sundays, during morning hours of church attendance, said applicant indicated willingness to agree and assure that no alcoholic beverage would be sold or dispensed on said premises on any Sunday prior to the hour of one o'clock, p.m.; and 414 WHEREAS, this Council, after mature consideration of the question, is of opinion that, with the assurance given by the applicant as abovementioned, 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.Mr. Milton Edelman 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 the Commissioner of Buildings and one of which shall be retained by Mr. ,Edelman, and which execution shall be evidence of,understanding and consent to the assurance here- inabove referred to and to the limitation herein contained, approval be and is hereb granted to Mr. Milton Kdelman and/or B. ~ G. Grocery, Inc., for the restoration or reconstruction and use of a certain structure, heretofore destroyed by fire while nonconforming in use, upon premises located at 1035 Lafayette Boulevard, N. W., in the City of Roanoke, being described as Lot 1, Block 3, according to the Map of Villa Heights, and bearing Official No. 2431401, such nonconforming use to be that of a retail grocery store and barber shop, but not to be used for the sale of alcohol beverage or beverages on Sundays prior to the hour of one o'clock, p.m., and such us and restoration or reconstruction to otherwise comply with all other general ordin- ances and regulations of the City, and, provided, further, that proper written appli cation for a building permit be made and thereafter issued within six (6) months froJ May 12, 1970. August , 1970. UNDERSTOOD AND AGREED; Milton Edelman ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1970. No. 19286. AN ORDINANCE authorizing certain contracts to be entered into with certain hospitals to provide hospitalization and treatment of indigent or medically indigent patients; fixing the rates to be paid each such hospital~for such services during Fiscal Year 1970-1971; and providing for an emergency. WHEREAS, the City Manager has advised the Council by'report dated July 27, 1970, that the State Department of Welfare and Institutions has established certain new rates for the treatment by hospitals of indigent and medically indigent patients 415 to be effective July 1, 1970, and, thereafter, during the City's Fiscal Year 1970-197 and contracts have been prepared on Standard Form SLH to be entered into between the City and each hospital hereinafter named establishing and fixing the rates to be effective with each said hospital as hereinafter set out for servicesso rendered after said date; and WHEREAS, funds have been appropriated by the Council in amounts deemed sufficient to pay the costs estimated to be incurred by the City under each said contract and, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance be effective upon its passage and retroactive in its effect to July 1, 1970. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to agree and enter into contract with each of the hospitals hereinafter men- tioned, on Standard Form of Contract SLH, approved by the State Department of Welfare and Institutions, providing for said hospitals' hospitalization and treatment and impatient care of the City's indigent and medically indigent patients at the followin daily rates, commencing as of July 1, 1970, viz: Community Hospital of Roanoke Valley Gill Memorial Hospital Lewis-Gale Hospital Medical College of Virginia Roanoke Memorial Hospital Shenandoah Hospital University of Virginia Hospital $42.81 per day 47.88 per day 45.41 per day 58.82 per day 44.04 per day 39.62 per day 58.82 per day BE IT FURTHER ORDAINED that e.ach aforesaid contract, excepting the contract to be made with Shenandoah Hospital, provide, further, for the City's payment for outpatient and/or emergency room service for its indigent or medically indigent parle: at the all-inclusive rate of $6.50 per visit, Shenandoah Hospital no longer providing such service. 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 l, 1970. ATTEST: ' City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1970. No. 19287. A RESOLUTION approving a report of the City of Roanoke Highway Safety Commission recommending a 1970 Program for Highway Safety within the City of Roanoke; ¸ts 416 and providing for the transmittal of a ~copy of such report t0:the Governor of Virginia, through the State Highway Safety Division. WHEREAS, at the Council meeting held July 6, 1970, the City of Roanoke Highway Safety Commission made report in writing dated June 4, 1970, with which said report was transmitted a proposed safety program for the City of Roanoke for the yeaz 1970; and WHEREAS, said report and program being referred to the City Manager for review and evaluation, the City Manager has in report made on July 27, 1970, generally recommended the program of highway safety proposed by said Commission. THEREFORE, BE IT RESOLVED by the 'Council of the City of Roanoke that said Council doth hereby generally concur in the report dated June 4, 1970, of the City of Roanoke Highway Safety Commission made to the Council at its meeting held July 6, 1970, and doth approve generally, the 1970 Program for Highway Safety proposed by said Commission and transmitted with said report, all of which is on file in ~he Office of the City Clerk and to which reference is hereby made. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit to the Governor of Virginia, through the State Hi, ghway ,Safety I~ivision, an attested copy of this resolution and an attested copy of the aforesaid report dated June 4, 1970, and the 1970 Program for Highway Safety Referred to therein. APPROVED ATTEST: / / C~ty Clerk Mayo~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of August, 1970. No. 19289. AN ORDINANCE to amend and reordain Section =66000, "Schools - E. P. I. C.," of the 1970-71 Appropriation-Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Secti =66000, "Schools - E. P. I. C.," of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordined to read as follows, in part: SCHOOLS - E. P. I. C. =66000 (1) $95,000,00 (1) To be 100% reimbursed from federal funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 417 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of August, 1970. No. 19290. AN ORDINANCE to amend and reordain Section =65000, "Schools - Adult Basic Education," of the 1970-71 Appropriation ~Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT. ORnAINEB by the Council of the City of Roanoke that ,, Section =65000, "Schools - Adult Basic Education, of the 1970-71 Appropriation Ordi- nance, be, and the same is hereby, amended and reordained to read as follows, in part SCHOOLS - ADULT BASIC EnUCATION =65000 $18,234.00 BE IT FURTHER ORDAINE[I that, an emergency existing, this Ordinance shall be in effect from its passage. AP PRO VE II ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of August, 1970. No. 19291. AN ORDINANCE providing for the purchase of Lots 17 and 18, according to the Clyde Land Map, being Official Numbers 2031909 and 2031910, as an addition to the City's Washington Park, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City's Capital Improvement Program makes provision for an addition to Washington Park as hereinafter provided and Mrs. Pearl Jackson has offered and agreed in writing to sell and convey to the City the property hereinafter described adjoining said park for the sum of $9,000, 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 go~rnment that this ordinance take effect upon its passage THEREFORE', B E IT ORDAINED by the Council of the City of Roanoke that said City doth hereby accept the written offer of Mrs. Pearl Jackson made under date of July 17, 1970, to the City Manager to sell and convey to the City certain property in the City located at 1220 Peach Road, N. W., adjoining Washington Park, designated as Lots 17 and 18, according to the Clyde Land Map, and being further known as Official Numbers 2031909 and 2031910, for the sum of $9,000, cash, settlement to be made within 75 days from July 17, 1970, and said owner to have the right to occupy 418 said premises for 30 days following the date of such settlement; current taxes to be prorated between the owner and the City as of the date of settlement and said owner to have the right to occupy said premises for 30 days following the date of such settlement; and conveyance 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. 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 conveyance, 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 in payment of the aforesaid purchase price, made payable to such proper person or per- sons as is directed by said City Attorney, charging said payment to the Capital Improvement Program. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage; and that the City Clerk transmit to Mrs. Pearl Jackson at 1220 Peach Road, N. W., in the City, an attested Copy hereof. APPROVED ATTEST: City Clerk 7 ~iayor IN THE COUNICL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of August, 1970. No. 19292. A RESOLUTION confirming the City Manager's appointment of William F. Clark as Director of Public Works, effective August 1, 1970; and confirming the City ~lanager's appointment of Samuel H. McGhee, III, as City Engineer, effective August 1 1970. BE IT RESOLVED by the Council of the City of R~anoke as follows: 1. That the said Council doth hereby confirm the City Manager'S appointme of William F. Clark as Director of Public Works and head of the City's Department of Public Works, effective August 1, 1970, as the said appointment was heretofore duly reported to the Council by the City Manager at the Council's meeting held August 3, 1970; and 2. That the said Council doth hereby confirm the City Manager's appointme of Samuel H. McGhee, III, as City Engineer and head of the City's Engineering Depart ment, effective August 1, 1970, as the said appointment was heretofore duly reported to the Council by the City ~ianager at the Council's meeting held August 3, 1970. APPROVED ATTEST: t IN THE COUNCIL OF THE CITY OF R[~NOKE, VIRGINA, The 10th day of August, 1970. No. 19293. "Engineering," Section =5, AN ORDINANCE to amend and reordain Section =55, , "Public Works, " and Section =13, "Retirements, " of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREF,ORE, BE IT ORDAINED by the Council of the City of Roanoke that ,, " Section =56 "Public Works, and Section =13, "Retire- Section ~55, "Engineering, , , merits," of the 1970-71 Appropriation Ordinance, be, and the same are hereby, amended and reorchined to read as follows, in part: ENGINEERING =55 Fees for Professional and Special Services (1) ......... $ 17,784.00 Personal Services (2) (3) .............................. 203,147.00 (1) Net decrease ........................ (2) Net increase. (3) Increase salary of the City Engineer from $14,304.00 to $14,520.00 $216.00 $216.00 ENGINEERING =55 Fees for Professional and Special Services (1) ......... $ 16,086.00 PUBLIC WORKS =56 Personal Services (2) (3) .............................. 32,726.00 (1) Net decrease (2) Net increase- (3) Increase salary of the Director of Public Works from $14,304.00 to $16,002.00 $1,698.00 $1,698.00 ENGINEERING ~55 Fees for Professional and Special Services (1) .......... $ 6,006.00 Personal Services (2) (3) .............................. 42,806.00 (1) Net decrease ........... $10,080.00 (2) Net increase .... $10,080.00 (3) Establishment of new position of Operation Manager, Grade 26, six months at $820.00, and six months at $860.00 ENGINEERING =55 Fees for Profess ional and Special Services (1) ........ $ 3,000.00 RETIREMENTS ~13 (2) ~ $319 830 50 Social Security .................................... , . (1) Net decrease .......... (2) Net increase $3,006.00 $3,006.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ,.-?,.,<--- ... . / ' City Clerk Mayor 420 IN THE COUNCIL OF THE ~CITY OF ROANOKE, VIRGINIA, The 10th day of August, 1970. No. 19294. A RESOLUTION providing for a Special Meeting of the Council to be held on Wednesday, August 19, 1970, at 12:00 o'clock, Noon. WHEI~KAS, certain bonds of the City have been advertised for sale by the City, bids for the purchase thereof being advertised to be opened before the Mayor and the Members of the Council at 12:00 o'clock, Noon, Eastern Daylight Saving Time, on Wednesday, August 19, 1970. THEREFORE, BE IT RESOLYEX by the Council of the City of Roanoke that a Special Meeting of the Council of the City of l~oanoke be held at 12:00 o'clock, Noon, Eastern [~aylight Saving Time, on Wednesday, August 19, 1970, in the Council Chambers in the Municipal Building, for the purpose of receiving, opening and considering bids~ made to the City for' the' 'purchase' of $?~000,000 Civic Center Bonds, authorized by Ordinance No. 16956, and for the purchase of $3,500,000 of the $16,900,000 Bonds for Public Improvements, authorized by ~Ordinance No. 17413; and-for the purpose of taking such action in the premises as the Council may then be advised. AP PRO VE [1 : / City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VII~INIA, The 10th day of August, 1970. No. 19295. A RES'OLUTION changing the date of a regular weekly meeting of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that the regular meeting of the Council provided to be held on September 7, 1970, at 2:00, P.M., be, and is hereby changed so that the weekly meeting of the City Council for the week of September 6, 1970, be held, instead, on the 8th day of September, 1970, at 2 :00 O, clock, P.m., in the Council Chambers on the fourth floor of the new Municipal Building. AP P ROV'E D ATTEST: /City Clerk 'Mayor 4'2i IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of August, 1970. No. 19296. AN ORDINANCE making provision for a certain new sanitary landfill location; authorizing agreements to be entered into with Wells Furniture Company, Inc., and wit Norfolk and Western Railway Company relative thereto; authorizing use of certain dirt on public property on the north side of Dale Avenue, S. E., by grading, for cover material; and providing for an emergency. WHEREAS, the need for additional landfill area is 'acute and the City Manage reporting on negotiations recently had with the owners hereinafter named, has advised the Council that the use of approximately fifteen (15) acres of land may be obtained on lease agreement from Wells Furniture Company, Inc., the expense to the City con- sisting only of the cost of constructing certain drains estimated to cost approximate] $10,000, and that earth fill may be obtained from adjacent land owned by the Norfolk and Western Railway Company upon agreement in form hereinafter provided; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following be, and is hereby authorized in order that the City acquire additional land- fill area and material immediately necessary for the purposes of the city, viz; 1. That the City acquire from Wells Furniture Company, Inc., by written lease agreement to be executed by the City and for a nominal consideration of One Dollar ($1.00), the right to enter upon and use for sanitary landfill purposes a cer- tain area of land owned by said company, comprising approximately 15 acres, situate on the south side of Greenbrier Avenue, S. E., and on the west side of Tinker Creek, said lease to be for such term as is required to fill the land of the grantor by appr sanitary landfill methods to such grades as are agreed upon and approved by the parties in sa~ ag~ement, the City to agree to install at its own expense adequate drain lines and catch basins on the leased premises and adjacent public property so as to properly and effectively drain the area so leased and to agree, further, to indemnify and save said owner harmless from any liability arising as a result of the City's aforesaid use of said land, and the City to have the further right to use as cover material for its landfill operation the ex~t~g accumulation of refuse, rubble, debris and plant wastage now located on the northeasterly portion of said lessor's land, the lease otherwise to be upon such form as is approved by the City Attorney; 2. That the City acquire from Norfolk and Western Railway Company upon the terms set out in said company's letter dated June 25, 1970, to H. Cletus Broyles, Director of Public Works, permission and the right to borrow and use approximately 14,316 cubic yards of earth material from said company's property on the east side of its Vinton connection adjacent to the cut section north of its railroad bridge red 422 over Tinker Creek and, in so doing, agree to bear the expense of relocating said company's pole Sine facilities affected by the ,City's removal of said material, the cost of which removal is estimated to amount to $4,150; and 3. That the City Manager is hereby further authorized to cause further fill or cover material to be obtained for the City's aforesaid landfill operation by grading~and removing earth from the City's unused property located on the north side of Dale Avenue, S. E., adjacent to the right-of-way of Norfolk and Western Railway Company, such.grading to be accomplished in such manner as to level said land so as to provide expansion area for the City's Fallen Park. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of August, 1970. No. 19297. AN ORDINANCE providing for the purchase of supplies of various types of water meters for use by the City's Water Department during the period of time beginn August 1, 1970, and ending July 31, 1971, upon certain terms and provisions, by acce certain bids made to the City; rejecting certain other bids; and providing for an emergency. WHEREAS, on June 16, 1970, and after due and proper advertisement had been made therefor, certain bids for the supply to the City of the water meters herein- after 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 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 ail of the City's specifications made therefor, made to the City ~r 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. ng ,ting 423 THEREFORE BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Neptune Meter Company, Saddle Brook, New Jersey, to furnish and supply to the City for use by its Water Department, in full accordance with the City's specifications made therefor and with said bidder's proposal, 5/8 inch cold water meters for the unit price of $34.50 per meter, less trade-in allowanc $4.95 per meter; 5/8 inch cold water meters for the unit price of $34.50, without a trade-in allowance, all new meters to be delivered, f.o.b., City of R~anoke Water Department, 3447 Hollins Road, N. E., Roanoke, Virginia, the successful bidder to pay all shipping charges on traded-in meters, for the period of time beginning August 1, 1970, and ending July 31, 1971, as and when ordered by the City Purchasing Agent duri the aforesaid period, be, and is hereby ACCEPTED; it being estimated by the Committee that the Water Department's requirements for the aforesaid period of time will be approximately lO00 5/8 inch meters, for the total estimated sum of $29,550.00, based upon the aforesaid unit prices; approximately 500 5/8 inch meters for the unit price of $34.50, without a trade-in allowance, for a total estimated sum of $17,250.00, based upon the aforesaid unit prices, 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; and 2. That the bid of Hersey-Sparling Meter Company, Dedham, Massachusetts, to furnish and supply to the City for use by its Water Department in full accordanc'e 'witl the City's specifications made therefor and with said bidder's proposal, 3/4 inch col. waters for the unit price of $51.70 per meter, 1-inch cold water meters for the unit price of $75.70 per meter, 1 1/2 inch cold water meters for the unit price of $141.75 per meter, and 2-inch cold water meters for the unit price of $213.10 per meter, all said meters to be delivered, f.o.b., City of Roanoke Water Department, 3447 Hollins Road, N. E,., Roanoke, Virginia, for the period of time beginning August 1, 1970, and ending July 31, 1971, as and when ordered by the City Purchasing Agent during the aforesaid period, be, and is hereby ACCEPTED; it being estimated that the Water De- partment~'S requirements for the aforesaid period of time will be approximately ten 3/4 inch meters, for the total estimated sum of $517.00, based upon the aforesaid unit price; approximately twenty-five 1-inch meters, for the total estimated sum of $1,892.50, based upon the aforesaid unit price; approximately four 1 1/2 inch meters, for the total estimated sum of $567.00, based upon the aforesaid unit price; and approximately four 2 inch meters, for the total estimated sum of $852.40, based upon the aforesaid unit [~ice; the amounts authorized to be expended hereunder for any number of meters during said period of time in no event to be beyond the amount of funds appropriated by the Council for the purpose; and 3. That the bid of Rockwell Manufacturing Company, Pittsburgh, Pennsylvani to furnish and supply to the City fir use of its Water Department, in full accordance with the City's specifications made therefor and with said bidder's proposal, 3-inch compound-type water meters for the unit price of $620.84, 6-inch compound-type water of 424 meters for the unit price of $2,071.68, and 8-inch compound-type water meters or the equivalent in manifold compound units for the unit price of $2,863.50, all meters to be delivered, f.o.b., City of Roanoke Water Department, 3447 Hollins Road, N. E., Roanoke, Virginia, for the period of time be{iinning August 1, 1970, and endin{i July 1 1971, as and when ordered by the City Purchasin{i Agent during the aforesaid period, be, and is hereby ACCEPTED; it bein{i estimated that the Water Department's require- ments for the aforesaid period of time will be approximately four 3-inch compound-typ water meters for the total estimated sum of $2,483.36, based upon the aforesaid unit price; approximately two-6-inch compound-type water meters for the total estimated sum of $4,143.36, based upon the aforesaid unit price; and approximately one 8-i, nch compound-type water meter for the total estimated sum of $2,863.50, the amounts authorized to be expended hereunder for any number of said meters durin{i said period of time in no event to be beyond the amount of funds appropriated by the Council for the purpose; and 4. That the bid of Bad{let Meter Manufacturing Co., Milwaukee, Wisconsin, to furnish and supply to the City for use of its Water Department, in full accordan with the City's specifications made therefor and with said bidder's proposal, 4-inch compound-type water meters for the unit price of $1,034.39, 6-inch detector-type waver meters for the unit ,price of $456.46, and 8-inch detector type water meters the unit price of $689.48, all meters to be delivered, f.o.b., City of Roanoke Water Department, 3447 Hollins Road, N. E., Roanoke, Vir{iinia, for the period of time be{ti Au{lust 1, 1970, and endin{i July 31, 1971, as and when ordered by the City Purchasin{i A{ient during the aforesaid period, be, and is hereby ACCEPTED; it bein{i estimated th the Water Department's requirements for the aforesaid period o£ time will be approxi mately four 4-inch compound-type water meters for the total estimated sum of $4,137,5~ , based upon the aforesaid unit prices, approximately four-6-inch detector-type water meters for the total estimated sum of $1,825.84, based upon the aforesaid unit prices, and approximately four 8-inch detector-type water meters for the total estimated sum of $2,757.92, based upon the aforesaid unit prices, the amounts autho- rized to be expended hereundor for any number of said meters during said period of time in no event to be beyond the amount of funds appropriated by the Council for the purpose; and 5. 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 in paragraphs 1, 2, 3, and 4, above, the same to be paid for upon acceptance by the City out of funds appropriated by the Council for the purpose. BE IT F'URTHER 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 t so notify said other bidders and to express to each the City's appreciation of said bids. ing 425 BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passa~ APPROVED ATTEST: ,/City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of August, 1970. No. 19298. AN ORDINANCE to amend and reordain Section =4, "Attorney," and Section =20. "Municipal Court," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that " and Section ~20 "Municipal Court" Section =4, "Attorney, , , of the.1970-71 Appro- priation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: ATTORNEY ~4, (1) ............................... $ 76,733.80 (1) Net decrease ..... $1,003.20 MUNICIPAL COURT =20 (1) ........................ $ 140,069.00 (1) Net increase $1,002.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 426 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1970. No. 19288. 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. 245, Sectional 1966 Zone Map, City of R~noke, in relation to zoning. ~/HEREAS, application has been made to the Council of the City of Roanoke to have Lot 4, Block 18, .Map of Villa Heights, Official Tax Nos. 2450201-2450203 rezoned from RS-3, Single Family Residential District, ,to C-l, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended tha,t the hereinafter described land not be rezoned from RS-3, Single Family Residential District, to C-l, Office and Institutional District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of.The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for, the time provided by said section; and WHEREAS, the hearing as provided' for in said notice ~vas held on,thel0th day of August, 1970 at 2 p.m., before the Council of the City,of Roanoke, at which hearing ~all parties in interest and citizens were given an opportunity to,be heard, both for and against the proposed rezon.ing; and WHEREAS, this Council,.after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. T'[EREFORE, 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. 245 of the Sectional.1966 Zone Map, City of Roanoke be amended in the following particular and no other, viz. Property located on Lafayette Boulevard, N. W., described as Lot 4, Block 1 Map of Villa Heights, designated on Sheet No. 245 of the Secti onal 1966 Zone Map, City of Roanoke, as Official Tax No. (s) 2450201 - 2450203, inc&usive, be and is here changed from RS-3, Single-Family Residential District, to C-l, Office and Institution District, and that Sheet No. 245 of the aforesaid map be changed in this respect. ,, APPROVED ATTEST: / City Clerk Mayor 427 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The l?th day of August, 1970. No. 19299. AN ORDINANCE authorizing the acceptance and execution by the Mayor and City Clerk of a joint deed of easement from the Norfolk and Western Railway Company to the City of Roanoke, upon certain terms and conditions; and providing for an emergency. WHEREAS, by Ordinance No. 18975, adopted December 8, 1969, the Council authorized the purchase of two tracts of land lying on the westerly side of Tinker Creek, aggregating approximately 26.12 acres, from the Virginia Holding Corporation, for a total purchase price of $50,000.00, such purchase being expressly conditioned upon the grant and conveyance to the City from the Norfolk and Western Railway Compan of permanent easements for roadway access for ingress and egress to the northerly and southerly portions of said tracts of land beneath said railway company's tracks; and WHEREAS, a deed of easement granting to the City such rights-of-way for ingress and egress has been tendered to the City, such deed of easement, as prepared requiring the joint execution by the City and containing certain obligations on the part of the City, hereinafter approved; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Cler~ be and they are hereby authorized and empowered, for and on behalf of the City, to execute and to seal and attest, respectively, a certain deed of easement tendered by the Norfolk and Western Railway Company, such deed of easemen granting and conveying to the City permanent easements, underneath said railway company's tracks, for roadway access for ingress and egress to and from the northerly and southerly portions of the two tracts of land aggregating approximately 26.12 acre lying on the westerly side of Tinker Creek, heretofore authorized to be purchased, such deed of easement to contain, inter alia: 1. City shall indemnify and save harmless Railway from and against any and all loss, damage, claims or liability for personal injury, including death resulting from such Personal injury, and for loss or damage to property, caused by, arising out of or incident to the negligent acts or omissions of City in the use of the easements hereby granted; 2. City shall provide adequate drainage in connection with its use of the easements hereby granted to the end that no drainage condition adverse to Railway shall be created on the premises of Railway in connection with such use or result therefrom, and if any such adverse drainage condi- tion shall be so created or result, City shall promptly remedy such condition; 3. City shall at its entire expense install and properly maintain a highway guard rail adjacent to and approaching (1) the abutment of Bridge =105-A (Easement =1) and (2) the pier of Bridge 105-C; such deed of easement to be upon such form and to contain such other provisions as are approved by the City Attorney. 428 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor THE COUNCIL OF THE CITY dF ROANOKF~ VIRGINIA, The 17th day of August, 1970. No. 19300. AN ORDINANCE providing for the execution of a certain Paying Agency Agree- ment between the City of Roanoke, as principal, and The First. National Exchange Bank of Virginia and the Chemical Bank, of New York, New York, as fiscal agents of the City, relating to the City's payment of the bonds heretofore authorized by Ordinance Nos. 16956, 17413, 17414 and 17415, and of the interest coupons maturing on said bonds; and providing for the periodical destruction of the aforesaid bonds and interest coupons and certification of the facts of such payment and destruction in the manner and form provided in ~ 15.1-184.1 of the 1950 Code of Virginia, as amended; and providing for an emergency. WHEREAS, there are advertised for sale certain of the City's bonds authorized by Ordinance Nos. 16956 and 17413, bids for the purchase of which are intended to be considered by the Council at a Special Meeting to be held on August 19, 1970; and certain other and additional bonds of the City are aChorized by Ordinance Nos. 17414 and 17415 which have not yet been advertised for sale but which are intended, likewise, to be advertised, sold and issued; and WHEREAS, provision will be made on the face of all such bonds and on the coupons attached thereto that the same may be presented for payment by the City at the principal office of the Chemical Bank, in New Y~rk City, or, at the option of the holder, at the principal office of The Fir, st National Exchange Bank of Virginia, in Roanoke, and the City des. ires to enter into agreement with said banks as paying agents of the City for payment of the principal and interest on said bonds and, furffer, to enter into agreement as authorized by § 15.1-184.1 of the 1950 Code of Virginia, as amended, with The First National Exchange Bank of Virginia providing for said bank's periodical destruction of the bonds and coupons paid by each aforesaid bank as paying agents of the City; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. I1 429 THEREFO}{E, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and they are hereby authorized, empowered and directed, for and on behalf of the City, to execute and to seal and attest, respectively, a written agreement with The First National Exchange Bank of Virginia and the Chemical Bank, of New York, New .York, designating each aforesaid bank as a paying agent of the City for the purpose of payment of the City's bonds and interest coupons attached thereto authorized by Ordinance Nos. 16956, 17413, 17414 and 17415, and providing, further, for the periodical destruction of the aforesaid bonds and interest coupons and certification of the facts of such payment and destruction in the form provided in § 15.1-184.1 of the 1950 Code of Virginia, as amended, which said agreement shall be substantially in the following words and figures, viz: "PAYING AGENCY AGREEMENT This Agreement made this 17th day of August, 1970, between the City of Roanoke, Virginia, party of the first part, and The First National Exchange Bank of Virginia, with its principal office located in the City of Roanoke, Virginia, party of the second part, W I T NE S S E T H: Whereas, the party of the first part contemplates the issuance of the bonds authorized and described in Ordinance Nos. 16956, 17413, 17414 and 17415 of its City Council to which ordinances reference is hereby made for more complete description of the amounts of such authorized issues and of the purposes for which the said bonds are to be issued; and said party of the first part desires to designate the principal office of the party of the second part, in Roanoke, Virginia, and the principal office of the Chemical Bank, in New York, New York, as alternate places of payment of the principal of and interest on the aforesaid bonds, and further desires to make the party of the second part and said Chemical Bank co-paying agents of the City for the payment of said principal and interest. Now, therefore, the parties hereto do mutually covenant and agree that the party of the first part may make its said obligations payable as set forth above and that the aforesaid two banking institutions ~hall act as co-paying agents of the party of the first part in paying the principal of and interest on the aforesaid obligation: to the holders thereof upon the following terms and conditions: With respect to said obligations presented to the Chemical Bank: 1. The party of the second part shall maintain on deposit with the Chemical Bank in its account with said bank funds sufficient to meet such of said obligations as may be presented for payment to said Chemical Bank; and 2. Upon the presentation and surrender of any of said obligations at maturity to the Chemical Bank said bank shall forthwith honor and pay the same to the person presenting same from funds held on deposit by the party of the second part with the said bank, and forthwith cancel and ship any such paid bonds and coupons to the party of the second part, advising the party of the second part of the amount of the charge to its account. 43O With respect to bonds presented to the party of the second part: 1. The party of the first part shall always maintain on deposit in its accounts with the party of the second part sufficient monies to meet the payment of the principal of and interest on its said obligations payable at the offi'ces of the aforesaid co-paying agents; and 2. Upon the presentation and surrender of any of said obligations at maturity to the party of the second,part, the party of the second part shall farthwitb honor and pay the same to the person presenting same. The party of the first part shall, immediately upon receiving notice from the party of the second part, reimburse it for all bonds and coupons paid directly by it or charged to its account with the Chemical Bank. The party of the second part shall periodically furnish the party of the first part with a statement of account of all monies received and used for payment of said obligations. .The party of the second part shall, upon payment of bonds and coupons by it or receiPt of paid bonds and coupons from the Chemical Bank, periodically destroy the bonds and coupons by burning or complete mutilation and make certification thereoJ in triplicate to the City Auditor in the form prescribed in Section 15.1-184.1 of thc Code of Virginia, as from time to time amended. The party of the first part shall pay to the party of the second part as full compensation to the co-paying agents and to each of them for their services as fiscal agents of the City hereunder the following: $1.10 per $5,000 of bonds ,paid on behalf of the City; $.10 (ten cents) per interest coupon paid on behalf of the City; and $.10 (ten cents) per $5,000 bond and $.03 (three cents) per interest coupon for each such bond and interest coupon periodically destroyed by the party of the second part in accordance with the provisions of the next preceding paragraph hereof; and the party of the second part shall pay to Chemical Bank its fee for services as co-paying agent in accordance with said Bank's commitment to said party of the secon¢ part. This agreement shall take effect immediately. This agreement shall not prevent the paty of the second part or the Chemic~ Bank from bidding for, purchasing, acquiring, holding, selling or disposing of any obligations of the party of the first part. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and delivered in triplicate the day and year first above writteN. CITY OF ROANOKE, VIRGINIA, ATTEST: By: City Clerk Mayor 43i APPROVED AND AGREED: CHEMICAL BANK, THE FIRST NATIONAL EXCHANGE BANK OF VIRGINIA, By: By: BE IT FURTHER ORD~NED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTEST: - -- City Clerk / ' i' APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1970. No. 19301. A RESOLUTION accepting a grant of funds from the Commonwealth of Virginia for use in payment of the cost of a fire truck for use at the Roanoke Municipal Airport, under certain terms and conditions. WHEREAS, the Council by Ordinance No. 19277, adopted July 27, 1970, appro- priated the sum of $5,000.00 to provide for the purchase of one 1959 Model Walters Crash Fire Truck for use at the Roanoke Municipal Airport; and WHEREAS, the Commonwealth of Virginia, acting by and through its Division of Aeronautics, has offered to grant to the City the sum of $5,000.00 to be used by the City in payment of the cost aforesaid, such grant to be made upon the terms and conditions hereinafter set out. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City of Roanoke doth hereby accept the offer of the Commonwealth of Virginia, acting by and through its Division of Aeronautics, to grant to the City of Roanoke the sum of $5,000.00, to be used by the City in payment of the cost of a certain 1959 Model Walters Crash Fire Truck for use at the Roanoke Municipal Airport, pursuant to the provisions of Ordinance No. 19277, such grant of State funds to the City and the City's acceptance and use thereof to be upon the following mutual covenants and agre ments, viz: (a) The Commonwealth grants to the City from public funds of the Common- wealth the sum of $5,000.00 to be used by the City in the construction, maintenance and improvement of the Roanoke Mun'icipal Airport, owned by the City; (b) Said grant shall be fully liquidated in p~blic benefits to the people of the Commonwealth of Virginia within the period of twenty years; and (c) In the event the airport owned by the City shall be abandoned, or cease to be used as such, or revert to other use prior to the expiration of said period described in paragraph (b) hereof, the City shall reimburse or refund pro rat 432 to the Commonwealth that proportion of the original amount of said grant which the period of time elapsing between the date of said grant and the date said airport shall be abandoned, or cease to be used as such, or revert to other use, bears to the period within which said grant would be liquidated in public benefits as defined and described in paragraph (b) hereof. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby authorize to enter into written agreement on behalf of the City with the Commonwealth of Virgin Division of Aeronautics, to the extent and respecting the matters hereinabove provided, such agreement to be upon form of agreement prepared by the aforesaid State Division of Aeronautics and approved by the City Attorney. BE IT ,FURTHER RESOLVED that the City Clerk do furnish to the City Manager attested copies of this resolution, to be transmitted to the Commonwealth of Virginia, Division of Aeronautics. ATTEST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA'~ The 19th day of August, 1970. No. 19302. A RESOLUTION to sell to The Chase Manhattan Bank, N. A., and First National Bank of Chicago, Joint Managers, and Associates, $7,000,000 of Public Improvement Bonds, Series "A-I", of the City of Roanoke, Virginia, and $3,500,000 of the $16,900,000 of Public Improvement Bonds, Series "A-2", of the City of Roanoke, Virgin: at the bid submitted; rejecting all other bids therefor; directing that the cashier's check accompanying the successful bid be deposited by the City Treasurer and credit therefor be allowed on the purchase price of said bonds; and directing that the~ certified or cashier's check of all other bidders be forthwith returned. WHEREAS, by Resolution No. 19279, adopted by the Council of the City of Roan oke on the 27th day of July, 1970, the City Clerk was directed to advertise for bids for the sale of $7,000,000 of the $7,000,000 of bonds authorized by the qu~alifie voters of the City of Roanoke at an election held on the 14th day of June, 1966, to provide funds to defray the cost of needed permanent public improvements, to-wit; a civic center consisting of an auditorium and related public buildings, including land, parking facilities and landscaping in connection therewith, (being the bonds authorized by Ordinance No. 16956 of said Council); and WHEREAS, by Resolution No. 19280, adopted by the Council of the City of Roanoke on the 27th day of July, 1970, the City Clerk was further directed to a, a, 433 advertise for bids for the sale of $3,500,000 of the $16,900,000 bonds authorized by the qualified voters of the City of Roanoke at an election held on the 2nd day of May, 1967, to provide funds to defray the cost of needed permanent public improvemeni to-wit: additions, betterments, extensions and improvements of and to its municipal airport, its public buildings including its municipal building, fire stations, refuse disposal facilities and service center, its public streets, highways and bridges, its system of storm sewers and storm drains, its public schools and for projects autho- rized pursuant to Article 7, Chapter 1, Title 36, of the Code of Virginia, as amended, (being $3,500,000 of the $16,900,000 bonds authorized by Ordinance No. 17413 of said Council); and WHEREAS, l{esolution No. 19279 and Resolution No. 19280 provided for the opening of said bids at twelve o'clock, Noon, Eastern Daylight Saving Time, on the 19th day of August, 1970; and WHEREAS, by Resolution No. 19281, adopted by the Council of said City of Roanoke on the 27th day of July, 1970, it was provided that the ~7,000,000 bonds authorized by Ordinance No. 16956 and the $3,500,000 bonds of the $16,900,000 bonds authorized by Ordinance No. 17413, ordered on the 27th'day of July, 1970, to be advertised for sale, be advertised and offered for sale as a whole, and that the City's advertisement of the sale of such bonds invite and require proposals to be made for the purchase of a11, but not any part of all $10,500,000 of such bonds; and WHEREAS, by Resolution No. 19294, adopted by the Council of the City of Roanoke on the lOth day of August, 1970, a special meeting of the Council of the Cit of Roanoke was provided to be held at twelve o'clock, Noon, Eastern Daylight Saving Time, on Wednesday, August 19, 1970, in the Council Chambers in the Municipal Buildi for the purpose of receiving, opening and considering bids made to the City for the purchase of the $7,000,000 civic center bonds authorized by Ordinance No. 16956, aforesaid, and of $3,500,000 of the $16,900,000 bonds for other needed permanent public improvements authorized by Ordinance No. 17413, and for the purpose of taking such action in the premises as the Council might then be advised; and WHEREAS, in accordance with the provisions of the City's advertisement tha proposals would be received for the purchase of the whole, but not any part, of the aforesaid $7,000,000 Public Improvement Bonds, Series "A-i" (Civic Center) and $3,500,000 Public Improvement Bonds, Series "A-2" (Various Public Improvements), bid were received as follows: COUPON RATE OR BIDDER AGGREGATE BID RATES MATURITIES PREMIUM 'The Chase Man- hattan Bank, N.A., and First National Bank of Chicago, Joint Managers, and Associates 10,500,175. O0 EFFECTIVE INTEREST RATE 6.00% 1971-78 5.40% 1979-82 5.60% 1983-84 3.00% 1985 175. O0 5.3247% 434 BIDDER AGGREGATE BID COUPON R ATE OR RATES MATURITIES PgEMIUM EFFECTIVE INTEREST RATE First National City Bank, et als First National Exchange Bank of Virginia, et als The Bank of Virginia, et als 10,501,000. O0 10,500,529.70 10,500,000. O0 7.00% 1971-73 5.40% 1974-81 5.75% 1982-84 4.00% }985 7.70% ,1971-75 5.50% 1976-82 5.60% , 1983- 4.00% 1984-85 5.25% 1971-81 5.55% 1982 5.65% 1983 5.70% ? 1984-85 1 , 000. O0 .5.4175 529.70 5.4227 5.4320 United California Bank 10,500,000. O0 5.00% 1971-75 5.25% 1976-79 5.50% 1980-82 5.75% ~1983-85 5.46250 Phelps, Fenn & Company, et als Halsey, Stuart Company, Inc o~po- rated, et als 10,501,000. O0 10,500,798. O0 6.00% 1971-76 5.60% 1977-82 5.70% 1983-84 4 00% 1985 7 . 20% 1971-74 5.50% 1975-82 5.70% 1983-84 4.00% 1985 1,000. O0 5.4913 798. O0 5.4982'17 Smith, Barney & Company, Incorpo- rated, et als 10,500,952.00 6.00% , 1971-76 952.00 5.5826 5.90% 1977 5.75% 1978-84 4.00% 1985 WHEREAS, the bid of The Chase Manhattan Bank, N. A., and First National Bank of Chicago, Joint Managers, and Associates, of $10,500,175, for $7,000,000 of bonds, Series "A-l", and for $3,500,000 of bonds, Series "A-2", aforesaid, to bear interest coupons at the rate of 6% per annum on $5,600,000 of bonds maturing in the years 1971 to 1978, inclusive, 5.4% per annum on $2,800,000 of bonds maturing in the years 1979 to 1982, inclusive, 5.6% per annum on $1,400,000 of bonds maturing in the years 1983 to 1984, inclusive, and 3% per annum on $700,000 of bonds maturing in the year 1985 plus accrued interest to the City of. Roanoke to date of delivery, is the best bid in the interest of the City of Roanoke, and inconformity with the printed notice of sale and official proposal form issued prior to such sale. THEREFORE, BE IT RESOLVED by the Council o'f th'e City of Roanoke that the bid of The Chase Manhattan Bank, N.A., and First National Bank of. Chicago, Joint Managers, and Associates, of $10,500,175, for $10,500,000 public improvements bonds, to bear interest coupons at the rate of 6% per annum on $5,600,000 of bonds maturing in the years 1971 to 1978, inclusive, 5.4% per annum on $2,800,000 of bonds maturing in the years 1979 to 1982, inclusive, 5.6% per annum on $1,400,000 of' bonds maturing in the years 1983 to 1984, inclusive, and 3'% per annum on $700,000 of bonds maturing 435 in the year 1985, plus accrued interest to the 'City of Roanoke to the date of delive: be, and the same is hereby ACCEPTED, and said bonds shall bear interest at the rates specified by said binder; and upon payment of the sum of money bid by The Chase Manhattan Bank, N. A., and First National Bank of Chicago, Joint Managers, and Associates, for said bonds, more accurately identified as $7,000,000 Public Im- provement Bonds, Series "A-i" (Civic Center), and $3,500,000 Public Improvement Bond; Series "A-2" (Various Public Improvements), of the City of Roanoke, Virginia dated September 1, 1970, the said bonds shall be delivered to the said bidder. BE IT FURTHER RESOLVED that all bids except the bid of The Chase Manhattan Bank, N. A., and First National Bank of Chicago, Joint Managers, and Associates, be, and they are hereby, REJECTED. BE IT FURTHER RESOLVED that the $210,000 cashier's check accompanying the successful bid, in conformity with the printed notice and proposal for the sale of said bonds, be deposited by the City Treasurer and credit therefor be allowed on the purchase price of the said bonds, and that the certified or cashier's check of all other bidders be forthwith returned. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1970. No. 19303. AN ORDINANCE prescribing the place for holding regular meetings of the Council of the City of Roanoke; and providing for an emergency. WHEREAS, there has been constructed on the north side of Church Avenue, S. W., between Second Street and Third Street, S. W., a new Municipal Building, on the fourth floor of which building and at the westerly and thereof there is provided a new Council Chamber for holding meeting, of the legislative body of the City; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that on and after the 19th day of August, 1970, the usual meeting place of the Council of the City of R~moke shall be in the Council Chambers at the west end of the fourth floor in the new Municipal Building located on the north side of Church Avenue', S. W., between Second StreW, S. W., and Th~ d Street, S. W. BE IT ORDAINED that the City Clerk forthwith cause an attested copy of this ordinance to be published once in a newspaper of general circulation in the City; and Y, 436 BE IT FINALLY 0RD~INEB that, an emergency existing, this Ordinance be in force and effect upon its passage. ATTEST: / City Clerk APPROVED ~~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of August, 1970. No. 19304. AN ORDINANCE to .amend and reordain Section =91, "Non-Departmental," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the ~lunicipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~91, "Non-Departmental," of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL =91 Workmen's Compensation (1) ...................... ,.. $12,000.00 (1) Net increase $6,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED ~layor IN THE COUNCIL oF THE CITY OF ROANOKE, VIRGINIA, The 24th day of August, 1970. No. 19305. AN ORDINANCE authorizing the issuance of an unnumbered Change Order to the City's contract with John A. Hall g Co., Inc., authorized by Ordinance No. 18843 for Roanoke ~iunicipal Airport Project 18 for the constructi'on of paved shoulders along portions of certain runways, upon certain terms and conditions; adding twenty-eight (28)' days to the working time provided in the aforesaid contract; and providing for an emergency. WHEREAS, the City ~lanager, in report to the Council dated August 24, 1970, has recommended that the Council approve the issuance of a change order so as to provide for the construction of paved shoulders along portions of certain runway s at the Roanoke Municipal Airport to be accomplished by John A. Hall g Co., Inc., the City's contractor for Roanoke Municipal Airport Project No. 18, advising that erosion of existing shoulders through jet engine exhaust has created a hazardous situation in need of speedy correction, and advising, further, that the change is proposed to be accomplished without exceeding the original contract price but will require allowance of additional time for construction; 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 his aforesaid proposal, and it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to issue, for and on behalf of the City, an unnumbered Change Order to the City's contract for Roanoke Municipal Airport Project No. 18 with John A. Hall g Co., Inc., so as to provide for the construction of paved shoulders along portions of certain runways at Roanoke Municipal Airport, such construction to be accomplished at the following unit pr ices Excavation, unclassified Aggregate base course Liquid bituminous materials Covering material ~78 aggregate 4.00 per cubic yard; 4.30 per ton; 0.38 per gallon; and 8.00 per ton, such change to be accomplished without exceeding the original contract price and with. in twenty-eight (28) additional working days in excess of the time provided for in the aforesaid contract. BE IT FURTHER ORDAINE[~ that, an emergency existing, this ordinance be in full force and effect upon its passage. A P P RO0 V E D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of August, 1970. No. 19307. . A RESOLUTION relating to the Conflict of Interests Act of the General Assembly of Virginia. ~ WHEREAS, the Council is advised that the Commonwealth's Attorney ,of each city and county is charged by law with certain duties relating to the implementation and enforcement of the Conflict of Interests Act including that of requiring the filing of certain disclosure reports provided for in said Act; and WHEREAS, said Council is further advised that the Commonwealth's Attorney for the City of Roanoke has prepared and has available for use by affected persons a form of report whereby the disclosures required by said Act may be made by such persons and has designated the Office of the City Clerk as the place where such re- ports may be made and kept on file; and said Commonwealth's Attorney has requested that the Council concur in his said designation. THEREFORE, BE IT RESOLVED by the Council of the City of l{oanoke that the Office of the City Clerk may be the place to be designated by the Commonwealth's Attorney for the City of Roanoke where persons may file the disclosure reports required by the provisions of the Conflict of Interests Act of the General Assembly of Virginia; and that all such reports, when so made, be kept on file in said Clerk's Office iR the manner provided by law. BE IT FURTHER RESOLVED that, upon being supplied by said Commonwealth's Attorney with forms upon which such reports may be made, the Office of the City Clerk shall make the same available to each officer and employee of the City and of the Roanoke City Schoo~ Board and to the officers and employees of each of the City's agencies, board, commissions and authorities who may be required by said Act to make, sign and file the disclosures called for under said Act. BE IT FURTHER RESOLVED that the City Clerk do cause an attested copy of this resolution to be published once in a newspaper of general circulation in the city, within ten days after adoption of said resolution. AT,TEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of August, 1970. ? No. 19306. AN ORDINANCf permitting an encroachment of not more than ten (10) inches of a chain link fence over and into the east ri'ght-of-way on 14th Street, N. W., for a distance of approximately 72 feet, said fence to be erected on the west side of a building located on Official No. 2212901, upon certain terms and conditions. WHEREAS, Tidewater Supply Company, Inc., owner of the property hereinafter described, on which the building of said company is situate, located on the northeas corner of Shenandoah Avenue and 14th Street, N. W., requested that it be permitted to construct and maintain a new chain link fence on the public right-of-way so that said new fence would extend upon but not more than ten (10) inches into the east public street area of 14th Street, N. W., said new fence to be approximtely 72 feet in length along said street line; and WHEREAS, the City Manager has recommended that the request of said owner be granted as provided for herein, a sketch of the proposed construction having been made and filed in the office of the City Clerk; and WHEREAS, pursuant to the authority vested in local governing bodies by § 15.1-376 of the 1950 Code of Virginia, as amended, and as provided in Sec. 4., Chapter 7, Title XV of the Code of the City of Roanoke, 1956, as amended, this Council is agreeable to said owner's proposal and is willing to permit the encroach- ment hereinafter mentioned over and into not more than ten (10) inches of the easterly right-of-way area for the public street abutting said owner's property, upon: the terms and caqditions hereinafter contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that per- mission be, and is hereby granted Tidewater Supply Company, Inc., owner of the lots described as Official No. 2212901 on which the building occupied by said company at the northeast corner of Shenandoah Avenue and 14th Street, N. W., is located, on the east side of said 14th Street, N. W., to construct and maintain a new chain link fenc~ with appropriate gates adjacent to the side of said building, approximately 72 feet in length along said 14th Street, N. ~., which said new fence may encroach westerly for a depth of not more than ten (10) inches and for the full height of said fence over the east right-of-way line and into the public street area on the east line of 14th Street, N. W., a[ntting the aforesaid lots, as the said fence is indicated on a certain sketch showing the location and height of the same, a copy of which sketch is on file in the office of the City Clerk, said new fence to be properly and safely constructed and maintained at the expense of the aforesaid owner, or its assigns, or successors in interest, on permit issued therefor by the Building Commissioner and in accordance with the provisions of Chapter 7, Title XV, of the Code of the City of Roanoke, 1956, as amended, and such of the City's building regulations and requirements as are applicable thereto and subject, also, to all of the limitations contained in ~ 15.1-376 of the 1950 Code of Virginia, abovementioned; it to be agreed by said permittee that by making and maintaining such encroachment, said permittee and its assigns or successors in interest agree to indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to persons or property that may arise by reason of the encroachment of said fence over said public street area. BE IT FURTHER ORDAINED t'hat the provisions of this ordinance shall not be- come fully effective until such time as a written permit shall have been issued by the City's Building Commissioner to the aforesaid owner, or its duly autho~zed contractor or representative, and until an attested copy of this ordinance shall have been duly signed, sealed and acknowledged by the said Tidewater Supply Company, Inc., and shall have been admitted to record, at the cost of said permittee, in the Clerk's Office of the Hustings Court of the City of Roanoke. EXECUTED and accepted by the undersigned this day of 1970: 44O TIDEWATER SUPPLY COMPANY, INC. ATTEST: Pres ident Secretary STATE OF VIRGINIA CITY OF ROANOKE To-wit: I, , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that and , President and Secretary, respectively, of Tidewate~ Supply Company, Inc., whose names are signed to the foregoing writing bearing date the day of , 1970, have this date personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of ., 1970. My commission expires: . APPROVED ATTEST: City Clerk Notary Public Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of August, 1970. : No. 19308. Council. A RESOLUTION relating to the HONORABLE JOHN W. BOSWELL, Member of the City WItEREAS, upon the meeting of the Council held this day, the Honorable John W. Boswell will have completed a full four-year term of office as an elected member of this Council, having taken his seat on the Council on September 1, 1966, and, on the occurrence of this event, his fellow members on the Council desire to take formal action recognizing the services of said member; and ,WHEREAS, as a member of the Council and as a member of the many official committees on which he has served, Councilman Boswell has made outstanding contri- butions to this Council and to the public by unstinted devotion of his thought and efforts and by large contributions of his abilities as an experienced businessman in making judgment on the many important matters coming before those bodies, at all t.imes working harmoniously and understandingly with his fellow members and striving in all such matters to be fair and just in the decisions ultimately attained; and WHEREAS, his fellow members consider it their honor and privilege to have been associated with him in discharging the legislative functions of the City during such time, and desire him to know of the esteem in which he is held by them. THEREFORE, BE IT RESOLVED by the fellow members of the HONORABLE JOHN W. BOSWELL on the Council of the City of Roanoke that they do, by this measure, recog- nize and record the outstanding services of the Honorable John W. Boswell as a member of the Council of the City of Roanoke; and do express to said member their pleasure in having served with him in the same capacity and, further, do wish for him the continued success and satisfaction in accomplishments to which his past efforts and contributions have so well entitled him. BE IT FURTHER RESOLVED that the Mayor be authorized to deliver to John W. Boswell and attested copy of this resolution. ATTEST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of August, 1970. No. 19309. A RESOLUTION relating to the HONORABLE FRANK N. PERKINSON, JR., Member of the City Council. WHEREAS, upon the meeting of the Council held this day, the Honorable Frank N. Perkinson, Jr., will have completed a full four-year term of office as an elected member of this Council, having taken his seat on the Council on September 1, 1966, and, on the occurrence of this event,.his fellow members on the Council desire to take formal action recognizing the services of said member; and WHEREAS, as a member of the Council and as a member of the many official committees on which he has served, Councilman Perkinson has made outstanding contri- butions to this Council and to the public by unstinted devotion of his thought and efforts and by large contributions of his abilities as a lawyer and businessman in making judgment on the many important matters coming before those bodies, at all time working harmoniously and understandingly with his fellow members ans striving in all such matters to be fair and just in the decisions ultimately attained; and WHEREAS, his fellow members consider it their honor and privilege to have been associated with him in discharging the legisl~ive functions of the City during such time, and desire him to know of the esteem in which he is held by them. 441 THEREFORE, BE IT RESOLVED by the fellow members of the HONORABLE FRANK N. PERKINSON, JR., on the Council of the City of Roanoke that they do, by this measure, recognize and record the outstanding services of the Honorabel Frank N. Perkinson, J as a member of the Council of the City of Roanoke; and do express to said member their pleasure in having served with him in the same capacity and, further, do wish for him the continued success and satisfaction in accomplishments to which his past efforts and contributions have so well entitled him. BE IT FURTHER RESOLVED that the Mayor be authorized to deliver to Frank N. Perkinson, Jr., an attested copy of this resolution. ATTEST: , / / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF RO~N)KE, VIRGINIA, The 31st day of Au_qust, 1970. No. 19 310. AN ORDINANCE to amend and reordain Section ~2000, "Schools - Instruction," and Section ~5000, !'Schools - Pupil Transportation," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~2000, "Schools - Instruction," and Section ~5000, "Schools - Pupil Trans- portation,'' of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - INSTRUCTION ~2000 Personal Services (1) .................... $9,905,888.00 SCHOOLS - PUPIL TRANSPORTATION ~5000 Transportation by Contract (2) ........... $ 82,920.50 (1) Net decrease- $12,000.00 (2) Net increase $12,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor · , , i 443 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3Ist day of August, 1970. No. 19311. AN ORDINANCE authorizing the acceptance of a written assignment by Youth Haven, Inc., to the City of a lease of certain premises located at 1325 Third Street, S. W., in the City of Roanoke, upon certain terms and conditions; providing for the establishment and temporary administration of a probation house for young males upon such premises in accordance with general law; and providing for an emergency. WHEREAS, certain premises located at 1325 Third Street, S. W., in the City of Roanoke, have heretofore been leased by the owners thereof, Dr. Anthony V. Torre and Helen L. Torre, husband and wife, to Youth Haven, Inc., which corporation has proceeded to renovate such premises and make the same suitable for use as a probation house for young boys; and WHEREAS, Youth Haven, Inc., has proposed that the Council of the City of Roanoke accept assignment of the lease of the aforesaid premises as well as certain personal property situate therein, and utilize and operate the same for such a pro- bation house in accordance with general law, which provides, inter alia, in Sec. 16.1-201 of the 1950 Code of ¥irginia, as amended, for reimbursement to the City by the Commonwealth of Virginia, of certain of the costs and expenses of the maintenanc and operation of such facilities, in which proposal the Council concurs; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage'. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manaoer be and he is hereby authorized bo accept on behalf of the City, upon completion of renovation, from Youth Haven, Inc., a written assignment of a certain lease bearing date of March 15, 1970, of certain premises and personal property situ therein located at 1325 Third Street, S. W., such assignment to have attached theret the written consent of the lessors, Dr. Anthony V. Torte and Helen L. Torte, husband and wife, such lease, assignment thereof and consent thereto to be thereafter filed in the office of the City Clerk, such lease to be for a term of one year commencing April 1, 1970, and expiring March 31, 1971, at an annual rent of $1,500.00 less $500.00 credit for repairs to be made by assignors, leaving a net annual rent of $1,000.00, payable in monthly instailments of $83.34 on the first business day of eac month during the aforesaid term at the office of Flora Realty Company, Incorporated; such lease, further, to contain grant of an option to the lessee or its assigns to extend the lease for two successive terms of one year each, beginning on the expirat of the original term, for a rental of $125.00 per month, tess a credit during the first year of the extended term of $300.00 for improvements to be made by the lessee i. e. if the first option is exercised, lessee will pay a net rental for the second of $100.00 per month, and if the second option is exercised, will pay $125.00 per mon i n ar 444 for the third term; such lease and assignment thereof to be, otherwise, upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that there shall be established upon the above- described leased premises a probation house for young males, to be operated in accordance with thegeneral law and in accordance with the standards and procedures promulgated by the State Board of Welfare and Institutions, such facility-to be administered, until further provided, by the Juvenile and Domestic Relations Court of the City of Roy oke. BE IT FINALLY ORD~NED that, an emergency existing, this ordnance shall be in force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, V IR(INIA, The 31st day of August, 1970. No. 19 312. AN ORDINANCE to amend and reordain Section ~15, "Juvenile Probation House, of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ¢15, "Juvenile Probation House," of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reord~ned to read as follows, in part: JUVENILE PROBATION HOUSE ~15 Personal Services ' . ...................... $23,337.00 Utilities ................................... Communications .............................. Travel Expense .............................. Education ................................... Insurance ................................... Rentals ..................................... Dues, Memberships and Subscriptions ......... Auto Allowance .............................. Printing and Office Supplies ................ Clothing and Personal Supplies .............. Food, Medical and Housekeeping Supplies ..... Operating Supplies and Materials ............ Office Furniture and Equipment (1) .......... 675.00 212.25 200.00 200.00 75.00 883.34 100.00 360.00 3OO.OO 1~000.00 6,150.00 100.00 274.85 $33,867.44 (1) To be expended only on approval of the Commonwealth of Virginia 66 2/3% reimbursed by Commonwealth of Virginia BE IT FURTHER ORDAINED that, an emergency existino, this Ordinance sh~ll be in effect from its passage. APPROVED ATTEST: 445 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of august, 1970. No. 19313. AN ORDINANCE to amend and reordain Section g4, "City Attorney," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY ATTORNEY ~4 Two Assistant City Attorneys at $9,000.00 each per annum (1) (1) Net decrease of $12.00 in Personal Services Account BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Z~'--'/Cit[ Clerk APPROVED Mayo~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 31st day of August, 1970. No. 19314. AN ORDINANCE to amend and reordain Section gl, "Council," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, B E IT ORDAINED by the Council of the City of Roanoke that Section =1, "Council," of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COUNCIL =1 Travel Expense (1) ............................ $4,500.00 Dues, Memberships and Subscriptions (2) (3) ...................... $7,421.00 (1) Net increase ...... $4,000.00 (2) Net increase--- $1,000.00 (3)~$500.00 to National League of Cities and $500.00 to Sister City Committee. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED 446 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1970. No. 19317. AN ORDINANCE amending in certain particulars Ordinance No. 19288 by which certain properties abutting Lafayette Boulevard, N. W., were rezoned from RS-3, Single Family Residential District, to C-l, Office and Institutional District; and providing for an emergency. WHEREAS, the Council has heretofore received a petition from Mr. Robert S. Allison by which the applicant requested that certain property owned by the Ebenezer African Methodist Episcopal Church of Roanoke located at 1555 and 1563 Lafayette Boulevard, N. W., be rezoned from its existing classification as RS-3, Single Family Residential District to that of C-l, Office and Institutional District which petition was duly filed and the question referred to the City Planning Commission which body, after consideration, recommended to the Council that the request be denied; and WHEREAS, following the regular statutory requirment of notice to the ~ bli by posting and printing notice of the proposed rezoning, the applicant and all interested persons were afforded opportunity to be heard on the question at a public hearing held before the Council on August 17, 1970, following which hearino the Council considered the matter and ~ereafter adopted Ordinance No. 19288 the apparent effect of which was to rezone the properties as requested by the applicant; and WHEREAS, in the preparation of certain documents and papers relating to the proposed rezoning an error arose ~ the transporsition of the description ff the property by street address only, as stated by the applicant, to the required legal description, such error having been repeated throughout the rezoning process and having appeared in the aforesaid Ordinance No. 19288, such erroneous description having resulted in the rezoning of a certain lot owned independently and located adjacent to and to the southwest of the property of the applicant; and WHEREAS, it was the intent of the Council to rezone by its Ordinance No. 19288, only such property as was owned by the applicant and was the subject of the original petition; and WHEREAS, it is necessary for the usual daily operation of the municip,al government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the ordaining provisions of Ordinance No. 19288, adopted August 17, 1970, be and are hereby amended so as to read and provide as follows: BE IT ORDAINED by the Council of the City of Roan oke that Title XV, Chsp~r 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 245 of the Sectional 1966 Zone Map, City of Roanoke, be amende~ in the following particular and no other, viz. 447 Property located on Lafayette Boulevard, N. W., described as a northerly part of Lot 4, Bi k 18, Map of Villa Heights, designated on Sheet No. 245 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2450201 and 2450202, be and is hereby, changed from RS-3, Single-Family Residential District, to C-I, Office and Institutional District, and that Sheet No. 245 of the aforesaid map be changed in this respect. BE IT FINALLY ORDAINED that an emergency existing, this Ordinance be in full force and effect upon its passage. APPROVED ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1970. No. 19318. AN ORDINANCE amending and reordaining separate sections of Chapter 1 of th, Traffic Code of the City of Roanoke, 1956, being subsection (10) of Sec. 70. Reckless driving - specific instances, of Chapter 1, Traffic Code, of Title XVIII, Motor Vehicles and Traffic, of the Code of the City of Roanoke, 1956, as heretofore amended by making unlawful the operation of a motor vehicle at a speed of excess of fifty miles per hour in any place in the City except upon any portion of the interstate highway system within the City; and subparagraph (b) of Sec. 75. Speed checks by mechanical devices, etc., of said Chapter and Title, by providing for the arrest of the drivers of motor vehicles whose speed has been recorded in excess of that allowe by law, upon the furnishing of positive identification of such vehicles, other than license number; and providing for an emergency. WHEREAS, it is necessary for the immediate preservation of the public safety that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that sub- section (10) of Sec. 70. Reckless driving - specific instances, of Chapter 1. Traffic Code, of Title XVlII, Motor Vehicles and Traffic, of the Code of the City of Roanoke, 1956, be, and said subsection is hereby amended and reordained to read and provide as follows: Sec. 70. Reckless driving - Specific instances. Any person who shall:, (10) Operate a motor vehicle at any place in the city other than upon any portion of the interstate highway system within the city at a speed in excess of fifty miles per hour. BE IT FURTHER ORDAINDED that subparagraph (b) of Sec. 75. Speed checks by mechanical devices, etc., of Chapter 1. Traffic Code, of Title XVlII. Motor Vehicles 448 and Traffic, of the Code of the City of Roanoke, 1956, be and said subparagraph is hereby amended and reordained to read and provide as follows: Sec. 75. Speed checks by mechanical devices, etc. (b) The driver of any such motor vehicle may be arrested without a warrant under this section, ~ovided the arresting officer is in uniform or displays his badge of authority; provided further, that such officer has observed the recording of the speed of such motor vehicle by the radiomicro waves or other electrical or mechanical device, or has received a radio message from the officer who observed the speed of the motor vehicle recorded by the radiomicro waves or other electrical or mechanical device, provided in'case of an arrest based on such a message, that such radio message has been dispatched immediately after the speed of the motor vehicle was recorded and .furnished the license number or other positive identifica- tion of-the vehicle and the recorded speed to the arrestin9 officer. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: /City Clerk Mayor IN THE CDUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1970. No. 19319. AN ORDINANCE awarding Contract "0", for construction of the City's Water Department Catawba Creek Diversion Project fOr the amount of $2,144,000; rejecting all other bids made for the performance of said work; and providing for an emergency. WHEREAS, at the meeting of the Council held August 24, 1970, and after due and proper advertisement therefor, nine bids made to the City for the mnstruction of the Water Department's proposed Catawba Creek Diversion Project were opened and read before the Council, all of which said bids were thereafter referred to a committee appointed by the Council, to tabulate and study the same and to report thereon to th, Council; and WHEREAS, said committee has reported to the Council in writing a tabulatio of all said bids, whereon and by the report of said committee it appears that the bid of James McHugh Construction Com~ny, Chicago, Illinois, is the lowest and best bid to .the City ~r the performance of said work and that said bid is in proper form and in compliance with the City's specifications ;and instructions made to all said bidders; and said committee has recommended that said bid be accepted and that a contract be awarded on the basis thereof, there ha~ing been appropriated for Capital Outlays from Bond Funds, in the City's Water Fund, a sum sufficient to pay the cost of said con- tract; and 449 WHEREAS, it is necessary for the usual daily operation of the municipal government and of said City's Water Department that this ordinance take effect upon its passage. THEREF.ORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of James McHugh Construction ComPany, of Chicago, Illinois Registered ¥irginia Contractor No. 3073, for the construction of the Water Department Catawba Creek Diversion Project in full accordance with the City's plans and specifi- cations made therefor and said bidder's proposal, for the lump sum cost of $2,144,000 subject to adjustments on the basis of the unit prices set out in said bidder's .written proposal be, and said bid is hereby ACCEPTED; and the City Manager and the City Clerk are hereby authorized and directed, for an on behalf of the City, to exe- cute with said bidder a requisite contract for the performance of said work, said contract to be upon the form heretofore provided as Contract "0" and to incorporate ;herein the instructions to bidders, the City's plans and specifications made for said project, and the written proposal of said bidder, and to provide for the completion of the work to be done thereunder within 1000 calendar days after notice of award and order to commence work, providing in said contract for the City's paYment to James McHugh Construction Company of the lump sum of $2,144,000, subject to change and ad- justment on the basis of the unit prices stated in said bidder's proposal and as provided by said contract; the City to require upon execution of said contract the delivery of a good and sufficient performance-payment bond as required by law; 2. That the costs incurred by the City under the aforesaid contract be paid out of funds heretofore appropriated for Capital Outlays from Bond Funds, in the City's Water Fund; and 3. That the eight other bids made to the City for the performance of the aforesaid work be, and they are here by .REJECTED; the City Clerk to so notify each other said bidder and to express to each the City's appreciation of said bids. BE IT FURTHER ORDAINED that the City Clerk do transmit to James McHugh Construction Company, of Chicago, Illinois, an attested copy of this ordinance as noti, of the award of contract herein made; and BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. ATTEST: , //,,./,' , . / City Clerk A.P P R 0 V E D Mayor 45O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1970. No. 19320. A RESOLUTION saluting J. SARGEANT REYNOLDS, LIEUTENANT GOVERNOR OF VIRGINIA WHEREAS, this City Council and the Citizens of Roanoke have been distressed to learn of the indisposition and hospitalization of J. SERGEANT REYNOLDS, Lieutenant Governor of Virginia, and wish him to know of the esteem in which they regard him and of their desire for his speedy recovery; and WHREAS, by his personal example of great ability, friendliness, industry and integrity and by his conduct in public office, he has earned the respect, love and admiration of those with whom he has come in contact, directly and indirectly, regardless of political persuasion; and WHEREAS, all citizens of Roanoke and of the Commonwealth look forward prayerfully to "Sarge" Reynolds' early return to his office in Richmond, as Li?utenant Governor of Virginia. NOW, THEREF<)RE, BE IT RESOLVED by the Council of the City of Roanoke that this Council salutes the HONORABLE J. SARGEANT REYNOLDS, Lieutenant Governor of Virginia, and by this resolution transmits to him the sincere wishes of the members of this Council and of the citizens of the City of Roanoke for his full and speedy recovery and for his early return to his office as Lieutenant Governor of Virginia. BE IT FURTHER RESOLVED that an attested copy of this measure be tranmitted to the Lieutenant Governor of Virginia, at the Columbia Presbyterian Medical Center, in New York City, by the City Clerk. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1970.. No. 19315. AN ORDINANCE enacted pursuant to the provisions of Section 15.1-364 of the Code of Virginia (1950) as amended to date providing for vacating, discontinuing and closing that portion of an alley or roadway known as Jackson Avenue, S. W., betwe the east ,line of 9th Street and the east line of 9 1/2 Street, S. W., bounded on the north by the Norfolk & Western Railway Company's right of way, and on the south by Lots 6 and 7, Section 15, and Lot 9, Section 10, J. W. Webb Map, and a portion of 9th Street, S. W., now closed, in the City of Roanoke, Virginia. 451 WHEREAS, a petition has been filed with the Council of the City of Roanoke pursuant to the provisions of Section 15.1-364 of the Code of lfirginia (1950) as amended to date, wherein it is asked that that portion of an alley or roadway known as Jackson Avenue, S. W., between the east line of 9th Street and the east line of 9 1/2 Street, S. W., bo.unded on the north by the Norfolk 5 Western Railway Company's right of way, and on the south by Lots 6 and 7, Section 15, and Lot 9, Section 10, J. W. Webb Map, and a portion of 9th Street, S. W., now closed, be vacated, dis- continued and closed; and WHEREAS, Due legal notice was posted as required by Section 15.1-364 of the Code of Virginia (1950) as amended to date, and in conformity with the law in such cases made and provided, the land proprietors affected thereby along that portion of said alley have been notifed; and WHEREAS, by Resolution No. 19230 adopted on the 22nd day of June, 1970, the Council of the City of Roanoke, lfirginia, appointed viewers to report whether or not in their opinion any, and if any, what inconvenience would result from per- manently vacating said portion of said alley; and WHEREAS, the viewers appointed reported, in writing, that after haveing been duly sworn, they viewed the said alley and the neighboring properties and are unanimously of the opinion that no inconvenience would result either to the public or to any person, firm or corporation from permanently vacating, discontinuing and closing said portion of said a,l~ey; and WHEREAS, the petition w. as by the Council referred to the City Planning Commission for its report and recommendation ~and the City Planning Commission recomme that said portion of said alley be vacated; and WHEREAS, the Council of the City of Roanoke caused a public hearing to be held on the question after publication of due notice thereof; and WHEREAS, this Council, after considering the evidence submitted, is of the opinion that vacating that portion of an alley or roadway known as Jackson Avenue, S. W., between the emit line of 9th S~reet and the east line of 9 1/2 Street, S. W., bounded on the north by the Norfolk 5 Western Railway Company's right of way, and on the south by Lots 6 and 7, Section 15, and Lot 9, Section 10, J. W. Webb Map, and a portion of 9th Street, S. W., now closed, will not abridge or de.stroy any of the riqh and privileges of any person, firm or corporation and that no inconvenience would result to anyone therefrom, and is further of the opinioQ that the request of said petition should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that portion of an alley or roadway known as Jackson Avenue, S. W., between the east line of 9th Street and the east line of 9 1/2 Street, S. W.,. bounded on the north by the Norfolk 5 Western Railway Company's right of way, and on the south by Lots 6 and 7, Section 15, and Lot 9, Section 10, J. W. Webb Map, and a portion of 9th Street, S. W. now closed, be permanently vacated, discontinued and closed as provided by Section 15.1-364 of the Code of Virginia (1950) as amended to date, and in accordance with the law in such cases made and provided. ded 452 BE IT FURTHER ORDAINED that notwithstanding anything to ,the contrary herei~ contained, the City of Roanoke reserves unto itself an easement for any water or sew~ or other public utility line or lines, if any, now existing in the above described right of way, which is herein vacated, discontinued and cio,seal,, along with the right of ingress and egress for the maintenance and repair thereof. ,. BE I~T FUt~THEt~ DISDAINED by t. he Council of the City of Roanoke ,that a certi- fied co py, o£ this Ordinance be d~l. iv~red by the City Clerk to the Clerk of the .Hus. tiJ gs Court of the City of ttoanoke, Virginia, to the Clerk of the Circuit Court of the County of [~oanoke, Virginia, and to the City Engineer of the City ,of Roanoke, Virgi~i~ ; that the City Engineer of ffoanoke, Virginia, make appropriate no.t.ation of the vacation herein approved on the official Map of the City of :Roanoke, Virginia. APPR. OVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Tile 14th day of September, 1970. No. 19316. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, md Sheet No. 161, Sectional, 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have the property located on the northeast corner of Brandon Avenue and Edgewood Street, extending 150 feet along side of Brandon Avenue, according to the Official City Map a ~portion of a 5.0-acre tract that is designated as 0ffic, ial Tax Number 16,10204 rezoned from RG-1, General Residential District, to C-2, General Commercial Distr £ct ;, and WHEREAS, the City Planning Commission has recommended that the hereinafter described land no.t he r~ezoned from ItG-1, Gener,al Residenti,al District, to C-2, Gener Commercial District; and WHEREAS, the written notice and the posted si~jn required to be published and posted, respectively, by Section ~1, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, hav~ 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 8th da' of September, 1970, at 2 p.m.s, before the Council of the City of Roanoke, at which h~earing all parties in interest and~ citizens were given an opportunity to be heard, both for and against the proposed rezoning; and. 453 WHEREAS, this Council,~ after considering the evidence as provided herein, 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. 161 of the Sectioaal 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the northeast corner of Brandon Avenue and Edgewood Street described as a portion of a 5.0-acre tract that is designated as Official Tax Number 1610204 on Sheet 161 of. the Sectional 1966 Zone Map, City of Roanoke, be, and is hereby, changed from gG-1, General Residential District, to C-2, General Commercial District, and that Sheet No. 161 of the aforesaid map be changed in this respect. ATTEST: "., /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1970. No. 19321. AN ORDINANCE to amend and reordain Section ~67000, "Schools - Emergency School Assistance Program," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =67000, "Schools - Emergency School Assistance Program," of the 1970-71 Appro- priation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - EMERGENCY SCHOOL ASSISTANCE PROGRAM =67000 (1) $79,905.00 (1) 1005 reimbursed from federal funds BE IT FURTHER, ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ' City Clerk APPROVED Mayor 454 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1970. No. 19322. AN ORDINANCE to amend and reordain Section =68000, "Schools - Title I, P. L. 89- 10," of the 1970-71 Appropriation Ordinance,-and'providing for an emergency-. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared ,to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =68000, "Schools - Title I, P. L. 89- 10", of the 1970-7! Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as fo llpws, in part: SCHOOLS - TITLE I, P. L. 89 - 10 =68000 (1) $487,325.00 (1) 100% reimbursed from federal funds BE IT FURTHER ORDAINED: that, an emergency existing, this Ordinance shall be in effect from its passage. AP PRO VEB ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1970. No. 19323. ,, AN ORDINANCE to amend and reordain Section =45, "Police: Department, of the 1970-71 Appropriation Ordinance, and providing for an emergency. ~ WHEREAS, for the usual daily, operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. , THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that "of the 1970-71 Appropriation Ordinance be and Section =45, "Police Department, , , the same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT =45 Training of Law Enforcement Personnel (1) ... ........ $54,850.00 (1) To be 100% reimbursed from federal funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / /City Clerk APPROVED Mayor 455 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1970. No. 19324. AN O~DINANCE to amend and reordain Section =75, "Recreation, Parks and Recreational Areas," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Recreation, Parks and Recreational Areas," of the 1970-71 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) ............. $22,970.00 (1) Net increase ................ $425.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage· ATTEST: ,/ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1970. No. 19325. AN ORDINANCE to amend and reordai n Section =14, "Personnel, and Section "Department of Buildings, ~48, of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =14, rsonnel, and Section =48, of the 1970-71 "pe " "Department of Buildings, Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: PERSONNEL ~14 Fees for Professional and Special Services (1) ........ $13,723.00 DEPARTMENT OF BUILDINGS Pe al Se i¢ (2) $87 929 O0 rson rv es , ,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,. (1) Net decrease $277.00 (2) Net increase $277.00 456 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September. 1970. No. 19326. AN ORDINANCE providing for the purcha'se and acquisition of portable folding chairs, telescopic platforms for chairs, carpeting and vinyl wall covering for use in the Roanoke Civic Center, upon certain terms and conditions; andproviding for an emergency. WHERKAS, at the Council's meeting held August 31, 1970, and after proper advertisement had been made therefor, certain b~ids for the supply of the equ~ment hereinafter authorized to be purchased were opened and read before the Council, where upon all said bids were referred to a committee to be tabulated and studied, with report thereon to be made back to Council; and WHEREAS, said committee has reported in writing to the Council under date of September 14, 1970, that the bids hereinafter accepted, while not the lowest in each category, are the best bids meeting the City's specificatbn made therefor, and should be accepted; and WHEREAS, funds unfficient to. provi,de for the payment of the purchase price of the equipment hereinafter authorized to be purchased have been or are being contemporaneously appropriated for the purpose, and it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. , THEREFORE BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Hesse & Hurt, Incorporated, of Roanoke, Virginia, to provide and install vinyl wall covering for the Civic Center Auditorium for a total price of $5,475.00; 2. That the bid of Miller & Rhoads of Richmond, Virginia, to provide acryl and nylon carpeting for the Civic Center Auditorium for a total net price of $38,139. 3. That the bid of Bela Seating Company, Incorporated of Chicago, Illinois to provide folding chairs for the Civic Center complex for a total net price of $37,694.00; and 4. That the low bid of Safway Steel Products of Milwaukee, Wisconsin, to provide telescopice platform risers, p!us alternate No. 1, for the Civic Center CoI1- seum at a total net price of $67,941,63 be, and each of said proposals is hereby C r5; 457 ACCEPTED; and the City's Purchasing Agent is hereby authorized and directed to issue to the successful bidders the City's purchase orders for the aforesaid new equipment, incorporating into said purchase orders the City's aforesaid specificat'ions, said bidders' proposals, guarantees and warranties, and the provisions of this ordinance; and upon delivery to the City and the City's acceptance of said new equipment, the proper City officials shall be, and are hereby authorized and directed to make requi- site payment to said successful bidders of the aforesaid purchase prices, not to ex- ceed the sums hereinabove set out. BE IT FURTHER ORDAINED that all other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby REJECTED; the City Cler to so notify all said other bidders and to express to each thb City's appreciation for each said bid. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1970. No. 19327. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvement Fund," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio ~'89, "Transfers to Capital Improvement Fund," of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENT FUND ~89 Civic Center Equipment (1) .............................. $37,295.39 (1) Installation of carpeting for ~ditorium .... $3,150.38 Portable folding chairs for auditorium and coliseum ..... $1,203.38 Demountable and telescopic platforms $32,941.63 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: /City Clerk APPROVED Mayor 458 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1970. No. 19328. , AN ORDINANCE amending and reordaining Sec. 21, Chapter 2, Title IV, of the Code of the City of Roanoke, 1956, relating to the voting place in L~don Precinct; and providing for an emergency. WHEREAS, the Electoral Board has recommended that the voting place in Loudon Precinct be changed as hereinafter provided, noting that the Loudon Elementar School, the former voting place in said precinct, has recently been closed; and WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE BE IT ORDAINED by the Council of the City of Roanoke that Sec. 2 Voting place in Loudon Precinct, of Chapter 2, Precincts and Voting Places, of Title Elections, 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. 21. Voting place in Loudon Precinct. The voting place in Loudon Precinct shall be, and the same is established at the Harrison Elementary School, at 523 Harrison Avenue, N. W., in said precinct. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance be in force and effect upon and after its passage. ATTEST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1970. No. 19331. AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital ,! Improvement Fund, of the 1970+71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE,. BE.IT ORDAINED by the Council of the City of Roanoke that Secti. ~89, "Transfers to Capital Improvement Fund," of the 1970-71 Appropriation Ordinance be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENT FUND ~89 Lucy Addison High School Field House 71-105 .......... $55,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall bt in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 19%0. No. 19332. ~hN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvement Fund," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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, "Trarafers to Capital Improvement Fund~" of the 1970;71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROYEMENT FUND =89 Jefferson High School Gymnasium CIP-40 (1) .................................... $10,034.$0 (1) Net increase $10,034.$0 Construction of a storm drain from the new Jefferson High ~ School Gymnasium along Luck Avenue to Fifth Street, S. W. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1970. No. 19333. AN ORDINANCE to amend and reordain Section =23, "Sergeant," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectil =23, "Sergeant,~ of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SERGEANT ~23 Personal Services (1) ........................ $34,747.48 (1) Net increase ....................... $45.82 460 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall in effect from its passage. APPROVED ATTEST: City Clerk Mayo~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of SePtember, 1970. No. 19334. ' "Commonwealth's Attorney," AN ORDINANCE to amend and reordain Section =22, of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Secti, =22, "Commonwealth's Attorney," of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY =22 Personal Services (1) ........................ $28,237.50 (1) Net increase ....... $2,100.00 Add one Clerk-Typist at a salary of $4,200.00 per annum. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1970. No. 19335. AN ORDINANCE to amend and reordain Section ~20, "Municipal Court, of the ~1970-71 Appropriation Or. dinance, and providing for an emergency. , WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE I.T ORDAINED by the Council of the City of Roanoke that Secti( =20, "Municipal Court," of the 1970-71 Appropriation Ordinance, be, and the same is MUNICIPAL COURT ~20 Personal Services (1) (2) ..................... $134,692.00 (1) Net increase-- $2,040.00 (2) Substitute Issuing Justices BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL DF THE CITY OF RO~[I)KE, VIRGINIA, The 28th day of September,: 1970. No. 19336. AN ORDINANCE aPproving an increase of water pressure in a portion of the Edgehill, S. W., Section of the City; authorizing and providing for the acquisition o certain easeme~s for the construction and operation of additional public water mains; authorizing the construction and installation of a new water main extending between Bosworth Drive and Ridgewood Lane, S'. W.; and providing for an emergency. WHEREAS, the City Manager, in report made to the Council dated September 28 1970, has advised the Council of inadequate pressure in the public water mains servin portions of Edgehill, S. W., area hereinafter mentioned, recommending that the pressu' ~n said mains be increased by construction of a new 6-inch water main between the water mains now in Bosworth Drive and in Ridgewood Lane, S. W., through new rights-of way to be acquired as hereinafter provided; and WHEREAS, it is necessary for the usual daily operation of the municipal gov that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the Council doth approve and authorize that the pressure in the )ublic water mains and distribution system serving all or parts of Lots 21 through 29 inclusive, and Lots 48 through 52, inclusive, Section B, as shown on the Map of Edgeh Corporation, and being located on portions of Ridgewood Lane, Bramble Lane and Canter. bury Lane, S. W., in the City, be increased so as to provide better and more economic service to the water consumers served by said water mains; 2. That the City do acquire by deed of easement from the several property owners whose names are hereinafter set out a right-of-way and the right to construct, operate and maintain therein a new 6-inch water main so as to connect the existing water mains in Bosworth Drive, S. W., and Ridgewood Lane, S. W. as follows, (a) From W. Bolling Izard, for a $1.00 nominal consideration, a perpetual easement for a 15-foot wide right-of-way extending along and within the southerly side line of Lot 27, Section B, as shown on the Map of Edgehill Corporation, from the east line of Ridgewood Lane, S. ~., a distance of approximately 225 feet to the west line of Lot 1, 461 rnment 462 (b) From lq. G. Martin, for $300.00, cash, to be paid by the City to said lq. G, Martin, a perpetual easement for a 15~foot wide right-o£-way extending along and within the south line of Lot 1, Block 2, according to the Map of Edgehill Estates, from the west line of the turn.- around in Bosworth Drive, a distance of approximately 107.22 feet and, thence along and within the west line of Lot 1, aforesaid, in a northerly direction approximately 75.75 feet; the rights-of-way abovedescribed being shown on Plan 70-4C, prepared by the lqater Department of the City of Roanoke under date of January 15, 1970i 3. That, upon acquisition of the easements abovementioned, the City Manager shall be, and he is hereby authorized and directed to cause the construction within the a£6resaid rights-if-way of a new 6-inch water main, to be thereafter corm to the 6-inch water main now in Bosworth Dirve, S. ~., and onto the 2-inch water main existing in Ridge~pod Lane, S. ~.; and 4. That the cost of acquiring the rights-of-way abovementioned, including the expense of appraising the value thereof, and the cost of constructing the new 6-inch water main in said rights-of-way, including the valves and connections require to be installed therewith, all of which is estimated to cost an aggregate of $2,475.C to be paid by the City out of funds heretofore appropriated by the Council for im- provements and betterments to the City's public water distribution system. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance be in force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1970. No. 19338. A RESOLUTION authorizing and directing that application be made by the City for a certain grant of Federal funds under the Omnibus Crime Control and Safe Streets Act of 1968. ' WHERAS, the Congress has provided in the Omnibus Crime Control and Safe Streets Act of 1968 for the grant to localities of Federal funds to be used, together with local funds, for the implementation and upgrading of local law enforcement agent and facilities; and as a result of studies made of the need therefor, the City Manage ~as recommended that the City of Roanoke make application for certain of such funds to assist the City in the development and improvement of electronic information retri val systems for the improvment of the detection and apprehension of criminals by the City's police d~partment, in all of which the council co ncurs. e ted es 463 THEREFORE, BE IT RESDLVED by the Council of the City of Roanoke that Julian F. Hirst City Manager of the City of Roanoke, be, and, is hereby authorized, empowered and directed, for and on behalf of the City, to make application to the United States of America through the Commonwealth of Virginia, Law Enforcement Administration, for grant to the City of Federal funds under the provisions of the Omnibus Crime Control and Safe Streets Act of 1968, for the following purpose and for the following amount, namely: In the development and improvment of electronic information retrieval systems for the improvement of the detection and apprehension of criminals by the City's police department . . . $50,000.0( and said City Manager, in making application for the aforesaid grant of Federal funds shall be, and he is hereby authorized and empowered to extend and to make the following assurances and representations on behalf of the City, namely: (1) Any such grant shall be subject to and be administered in conformity with General Conditions of Action Grant (LEA-6) and Guidelines for Action Grant Fiscal Control (LEA-7); (2) That the City will make available and ,expend as its share 40% of the total program cost during the grant period; (~) That funds so awarded will. be used only for the ,purposes and activitie set forth in the City's application plan and budget, or in any approved amendments thereto; (4) That not more'than 1/3 of the gross amount of any such grant will be expended for compensation of personnel, exclusive of compensation fir time spent in conducting or undergoing training programs; and (5) Funds awarded to the City will be used to supplement and not to supplant any local funds appropriated for law enforcement and criminal administration needs. BE IT FURTHER RESOLVED that the City Clerk do attest and provide to the Cit' Manager such copies of this resolution as may be required to accompany the City's aforesaid application. ATTEST: / ' City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1970. No. 19339. AN ORDINANCE providing for the City's acquisition of the fee simple title to certain land wanted and needed by the City as a right-of-way for an industrial 464 access road or street from 9th Street, S. E., in the Roanoke Industrial Center compl Highway Project No. 9999-128-104, C-501, upon certain terms and provisions; and providing for an emergency. WHEREAS, the fee simple title to the lands hereinafter described or men- tioned is wanted and needed by the City for the purpose of providing a right-of-way for the new industrial access road to be constructed from 9th Street, S. E., as Highway Project No. 9999-128-104, C-501, and the landowners hereinafter named have offered and agreed in writing to grant and convey to the City their respective fee simple titles in said lands, for nominal consideration to be expressed as One Dollar ($1.00) i,n their several deeds of conveyance; 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 be acquired for the City, by the grants and conveyances hereinafter set out or referred to, the fee simple title in and to the lands shown on the plans of Highway Project No. 9999-128-104, C-501, as necessary for the right-of-way for said new street or road, such conveyances to the City to be made upon nominal consideration of One Dollar ($1.00), cash, and to consist, generally, of the following, namely: (a) A strip or parcel of land containing 2.058 acres a~d being a northeasterly port'ion of Tract 2 of the property of Industrial Development ~ Investment Co., as described, in a certain deed of record in the Clerk's Office of the Hustings Court of the City of Roanoke in Deed' Book 1100, page 382, said strip or parcel of land being shown in detail on a certain plat prepared by David Dick and Harry A. Wall, Civil Engineers and Surveyors, dated July 24, 1961, revised Ju'ly 20, 1964 and September 9, 1970, there to be reserved by Industrial Development ~ Investment Co. an easement for an 18-foot wide railroad spur crossing said parcel of land, with the duty upon said company to properly maintain the right-of-way of said crossing and to indemnify and save the City harmless from claims for accident or injury occurring as a result of the existence of said crossing; (b) A strip of land containing 0.386 acre, owned by Morton Honeyman and Leonard G. ~luse, Trustees, and abutting the north line of the land described in (c), hereinafter, and the north and east line of property of Industrial Development and Investment Co., said strip of land being shown in detail on that certain plat pre- pared by David Dick and Harry A. Wall, Civil Engineers and Surveyors, abovementioned; and (c) A strip or parcel of land containing 0.759 acre, owned by Nolan Jackson Realty Corporation and being a northerly portion of the land conveyed to said corporation by Industrial Development and Investment Co., ,a partnership, by deed of record in the aforesaid Clerk's Office in Deed Book 1119, page 194, it to be provided that Industrial Development & Investment Co. shall have and reserve a perpetual easement for an 18-foot wide railroad spur occupying and crossing said parcel of land, with the duty upon said company to properly maintain the right-of-way of said crossing and to indemnify and save the City harmless from claims for accident or injury occuring as a result of the existence of said crossing; all such deeds of conveyance to the City to be made upon such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED AT TES T: 465 IN THE CDUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1,970. No. 19340. AN ORDINANCE accepting the proposal of H. g S. Construction Company for th~ construction of concrete curb, gutter and sidewalk 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 meeting of Council held on September 8, .1970, and after due and proper advertisement had been made therefor, one bid, the bid hereinafter accepte , for furnishing all tools, machines, labor, and materials for the construction of con- crete curb, gutter and sidewalk at various locations throughout the City was opened and read before the Council, whereupon said bid was referred to a committee appoin by the Council to study the same and to make report and recommendation thereon to the Council; and WHEREAS, said committee has reported to the Council in writing its tabulation and recommendation on said bid, from which it appears to the Council that the proposal of H. & S. Construction Company represents the lowest, best and only bid made to the City for the performance of said work, and should be accepted; and WHEREAS, it is nec,essary, for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows (1) That the proposal of H. & S. Construction Company based on unit price. said bidder having agreed to a reduction in quantities of work and materials to be furnished under the hereinafter described contract, for the construction of concrete curb, gutter and sidewalk at various locations, as described in the City's plans and specifications, for a lump sum of $24,988.75, cash, upon satisfactory completion of said work, be, and said proposal is hereby ACCEPTED; (2) That the City Manager and the City Clerk be, and they are hereby authorized and directed, for an on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with the aforesaid H.&S. Construction Company, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for said work; said contract to be upon such form as is approved by the City Attorney, and the cost of th work, when completed, to be paid out of funds heretofore appropriated by the Council for the purpose, the total amount to be paid under this contract, however, not to exceed the sum of $24,988.75; and BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: 466 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1,970. No. 19342. A RESOLUTION signifying the City's intent to provide in the City's 1970-19 Budget, its proportionate share of the cost of a District Feasibility Study Pertaini g to Regional Facilities for Justice and Crime Control Activities by the Fifth Plannin District Commission. WHEREAS, the city has been advised by the Fifth Planning District Commissi n that the Criminal Justice Advisory Committee of the Commission has recommended consideration of a District Feasibility Study Pertaining to Regional Facilities for Justice and Crime Control Activities, and the City Manager has advised tke Council that the City's proportionate part of the cost of such study, to be incurred during the fiscal year 1970-1971 is estimated to amount to $10,258.20; and WHEREAS, this body recognizes the desirability of completion of such study and desires to signify the City's intent to supply said City's fair and proportionat part of the cost thereof. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council hereby approves a supp,lement to the annual budget of the Fifth Planning District Commission for the year beginning July 1, 1970, in the amount of $10~258.20 that being the proportionate part of a supplement to said agency's budget to be supplied by funds of the City of Roanoke; and said Council does, further, hereby signify its intent to include and provide in said City's 1970-1971 Budget the sum of $10,258.20, as an appropriation to the Fifth Planning District Commission as said City's proportionate part of the cost to said commission in its completion of a District Feasibility Study Pertaining to Regional Facilities for Justice and Crime Control Activities. BE IT FURTHER RESOLVED that said commission be, and is hereby requested to assign high priority to completion of the aforesaid study and to make prompt report thereof to this Council and to other participating public agencies. AP PRO YE D ATTEST: / City Clerk Mayor 467 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of October, 1970. No. 19329. AN ORDINANCE to amend Title X¥, Chapter 4.1, Section 2, of The Code of the City of' Roanoke, 1956, as amended, and Sheet No. 219, Sectional 1966 Zone Map, City Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have Lots 3, 4, and 5 and 6, Block 10, Airlee Court, Official Tax Nos. 2190303, 21903'04 and 2190306, rezoned from C-l, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from C-l, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published an posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City o 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 28th da of September, 1970, at 2 p.m., before the Council of the City of Roanoke, at which he'aring all parties in interest and citizens were given an opportunity to be heard, both for and-against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 219 of the Sectional 1966 Zone Map, City of Roanoke be amended in the following particular and no other, viz.: Property located on Williamson Road, N. W., described as Lots 3, 4, 5 and 6 Block lO, Map of Airlee Court, City of Roanoke, d~signated on Sheet 219 of the Sectiol 1966 Zone Map, City of Roanoke, as 0fficial Tax Nos. 2190303, 2190304 and 2190306, be and is hereby, changed from C-l, Office and Institutional District, to C-2, General Commercial District, and that Sheet No. 219 of the aforesaid map be'~ anged in this respect. A P P R 0 V E D ATTEST: .--~ ~ ~-f.._~..~..~ , /City Clerk ~ayor al 468 IN THE COUNCIL DF THE CITY OF ROANOKE, VIRGINIA, The 5th day of October, 1970. No. 19330. 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. 267, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a one acre tract of land located on Wests ide Boulevard and Wyoming Avenue, N Official Tax No. 2670203, rezoned from RS-3, Single Family Residential District, to RG-1, General Residential District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RS-3, Single Family 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 poste( as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 28th day of September, 1970, at 2 p.m., before the Council of the City of Roanoke, at wh 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 O~DAINED by the Council of the City of Roanoke, that Title XV, Chapter 4.1, Section 2, of the Code of the C ibf of Roanoke, 1956, as amended, elating to Zoning, and Sheet No. 267 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property loca~'ed on Westside Boulevard and Wyoming Avenue, N. W., described as a one acre tract, Offidal Tax No. 2670203, designated on Sheet 267 of the Sectiona ? 1966 Zone Map, City of Roanoke, as Official Tax No. 2670203, be, and is hereby, chang from RS-3, Single Family Residential District, to RG-1, General Residential District, and that Sheet No. 267 of the aforesaid map be changed in this respect. AP PR, O YE D ATTEST: /City Clerk Mayor 469 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of October, 1970. No. 19337. AN ORDINANCE authorizing the City's execution of a written license and permit to Appalachian Power Company to construct, erect, operate and maintain certail underground electrical transmission lines and equipment to serve the City's James Madison Junior High Schoal property on the northerly side of McNeil Road, S. W., in the City of Roanoke. WtlEREAS, the Roanoke City School Board and the City Manager have re to the Council that license and permit be given Appalachian Power Company, as herein- after provided, in order to provide underground electrical transmission facilities for the City's new James Madison Junior High School buildings and property. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and are hereby author ized and empowered to execute, for and on behalf of the City, and to seal and attest, respectively, a written license and permit to Appalachian Power Company upon such form as is approved by the City Attorney, granting to Appalachian Power Company license and permit to construct, erect, operate and maintain an underground electric tine or lines, for the purpose of transmitting electric power underground from Appalachian Power Company's switch cabinet on McNeil Road, S. W., onto the school property of the City, situate on the northerly side of said road, known as the James Madison Junior High School site, in the City of Roanoke, the location of said underground electric power lines to be as are shown colored in red on print of Appalachian Power Company's drawing No. DE-328, dated August 18, 1970, entitled "Proposed Underground Service to James Madison Jr. High School", a copy of which said plan is on file in the Office of the City Clerk, such license to provide, inter alia,, that said public service corporation shall remove all such wires and cables on written order of the City expressed by ordinance or reso. lution of the Council of the City of Roanoke, whereupon all right, title and interest of said electric power company in the right-of-way and license provided therefor shal revert to the City; and said instrument to contain agreement on the part of said corporation to indemnify and save harmless the City and the School Board of the City of Roanoke against any and all loss or damage arising in any manner from the negligen construction, operation or management of such electrical facilities by said corporati n. APPROVED ATTEST: /, City Clerk Mayor 47O IN THE,COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of October, 1970. No. 19341. AN ORDINANCE authorizing and providing for the City's leasing to Calvin Anderson of an unused southwesterly.portion of Official No. 3013406, upon certain terms and Conditions. · ~/HEREAS, the City Manager has advised the Council of an offer to lease from the City a certain southwesterly portion of the lot on which the former Municip~ Incinerator: was located and operated, recommending that such lease,be authorized; in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roauoke that the City Manager be and he is hereby authorized upon the effective date of this ordinance to enter into written lease agreement on behalf of the City with Calvin Anderson, leasing to the said Calvin Anderson for use for the purpose of automobile parking, only, the southweste~y portion of Official No. 3013406, as such lot abuts the north side of Shenandoah Avenue, N. E., and as such portion abuts approximately 127.2 feet thereon and extends northerly to an alleyway and to the side of the incinerator storage pit, together With the right to use as an accessway to the leased premises the existing driveway from Shenandoah Avenue into said lot, such lease to be upon form drawn and approved by the City Attorney, but to contain amongst its provisions the following, viz.: (a) That the term of lease shall be from month to month, terminable by either party at the end of any such month by 30-day written notice given to the othel party prior to the date of such termination; (b) That there shall be paid to the City as rental for said premises the sum of $60.00 per month, payable in advance; (c) That such lease shall not be held to exempt the lessee from the payme of any general State or local license or privilege tax properly assessable upon the tenant of the leased premises by reason of any business or occupation conducted upon the leased l~emises; (d) That the lease shall not be assignable by the lessee nor shall the premises be sublet, in whole or in part, other than to individuals for the purpose of parking privately-owned passenger vehicles, without the prior written consent of the City; (e) That the lessee shall agree to defend, indemnify and save the City harmless from the claims of all parties for damage or loss by reason of personal in- jury or property damage or loss in any manner arising as a result of or by reason of the City's lease of said premises to the lessee; and 47i (f) Such other provisions protecting or insuring the City's interest in the aforesaid premises as may be incorporated into said lease by the City Manager or the City Attorney. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL `OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of ,October, 1970. No,. 19343. A RESOLUTION approving the location and design of certain improvements to Route 460 (Orange Avenue), from Interstate 581 to 12th Street, N. E., in the City, proposed as State Highway Project 0460-128-102, PE-102, C-502. WHEREAS, a public hearing was conducted on June 10, 1970, in the City by a representative of the Commonwealth of ¥irginia, Department of Highways, after due and proper notice, for the purpose of considering the proposed location and design of Route 460 (Orange Avenue) from Interstate 581 to 12th Street, N. E., at which hearing maps, drawings and other pertinent information were made available for public inspection and Eelocation Assistance Programs and tentative schedules for right-of-way acquisition and construction were discussed and presented; and all per- sons and parties in attendance were afforded full opportunity to participate in said public hearing, representatives of the City being present and participating in said hearing; and WHEREAS, this Council, considering all such matters, is of the 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 Route 460 (Orange Avenue) from Interstate 581 to 12th Street, N. E., in the City of Roanoke, as the location and design of said street are shown on the plans prepare( by the Virginia Department of Highways as State Highway Project 0460-128-102, PE-102, BE IT FURTHER RESOLVED that the City Manager do promptly transmit attested copies of this resolution to the State Highway Commission of Virginia, through official channels of the Virginia Department of Highways. A P P R 0 V E D ATTEST: ~ /City Clerk Mayor C-502. 472 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of October, 1970. No. 19344. A RESOLUTIDN requesting the Commonwealth of Virginia, Department of .Highway., to incorporate into the plans of the Route 460 Project 0460-128-102, C-502, RW-202, provisions for the adjustment and relocation of water mains in Route 460 (Orange Avenue), beginning at Interstate 581 and extending to 12th Street, N. E., the entire cost of which is to be reimbursed by the City to said Department of Highways. WHEREAS, the Commonwea'lth of Virginia, Department of Highways, in participa. tion with the City, proposes to construct or otherwise improve a section of Route 460 (Orange Avenue), Project 0460-128-i~02, C-502,. RW-202, in the City of Roanoke; and WHEREAS, the City Council desires that the adjustment and relocation of the City's public water mains now located in Orange Avenue be incorporated into a certain highway contract proposed to be let to and performed by said Department of Highways' contractor, at no expense to tie State, and be included in the plans of the aforesaid project and instalied by said highway contractor in connection with the construction of the aforesa'id project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City of Roanoke' he~eby requests the Commonwealth of Virginia, Department of Highways, to include in the plans and specifications for the construction of Route 460, Project 0460.-128.-102, C-502, RW-202, and in the contract proposed to be let therefor, )rovision for the adjustment and relocation for the City, and at said City's entire ;cst, of the existing public water mains in Route 460 (Orange Avenue), from Interstat [581 to 12th Street, N. E., the plans and specifications of which said work shall be approved by the City Manager and the City to furnish the materials necessary for said work, including the pipe, and said City of Roanoke agrees to reimburse the Commonweal of Virginia, Department of Highways, upon presentation of an invoice, the cost of labor required for adjusting and relocating all of said water lines so included in said highway plans and contract, based on the unit prices in the overall iow bid accepted by th~'Commonwealth of Virginia, Department of Highways, plus ten per cent 10%) for contingencies. BE IT FURTHER RESOLVED that the City Manager do transmit to the aforesaid ~epartment of Highways, through established channels, attested copies of this resolut .n. APPROVED ITTEST: ty Clerk Mayor 473 IN THE ~OUNCIL OF~ THE CITY OF ROANOKE, VIRGINIA, The Sth day of October, 19%0. No. 19346. A RESOLUTION authorizing the acceptance of a certain award made by Commis- sioners in condemnation proceedings brought for the acquisition of Parcel 037, bein. acquired for the City's U. S. Route 220 (Franklin Road, S. W.) Project. WHEREAS, the Council having heretofore directed by Ordinance No. 18049, the acquisition by condemnation of the parcel of land hereinafter described, needed for the construction of the City's U. S. Route 220 Project., and authorized the payme of the sum of $6,825.00 therefor out of appropriations made by the Council for the project; the Commissioners appointed by the Court of Law and Chancery of the City of Roanoke in condemnation proceedings brought to acquire said property for the City having,-on recent occasion, made their report to the Court in said proceedings, fixing as the amount of compensation and damages to be paid by the City for said parcel, $6,074,00 as compensation for' the property to be taken and $10,066.00 as damage to the residue property of the landowner, in all a total sum of $16,160.00; and the Council having appropriated sums sufficient for payment of the increased award of said Commissioners, required by law to be paid by the City upon acceptance of the aforesaid award; and WHEREAS, the City Manager and the City Attorney have, with notice to the Commonwealth of Virginia, Department of.Highways, recommended to the Council that the Council, by resolution, accept the terms of said Commissioners' award as herein- after provided. THEREFORE, BE.IT RESOLVED by the Council of the City of Roanoke that said City doth accept the report and award recent}y made by,the Court-appo~ ted Commissio in condemnation proceedings brought and conducted in the Court of Law and Chancery of the City of Roanoke to acquire for the City Parcel 037, as shown on the plans of the City's U. S. Route 220 Project 0220-128-102, RW-201; and said Council doth hereby auth~ize and direct the City Auditor to draw and deliver to the City Attorney, the City's additional check, payable to the Clerk of the aforesaid Court, for the additional sum of $9,335.00, in payment of the additional sum necessary to meet the award of said Commissioners, the same to be paid into the Court of Law and Chancery of the City of Roanoke, or as otherwise directed by the City Attorney in said con- demnation proceedings. ATTEST: ..~ /f/)// '~ / / City Clerk - APPROVED Mayor rs 474 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of October, 1970. No. 19347. AN ORDINANCE to amend and reordain Section =22, "Commonwealth's Attorney," of the 1970-71 Appropriation ~Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the .Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio =22, "Commonwealth's Attorney," of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY ~22 Office Furniture & Equipment - New (1) .......... $1,652.50 (1) Net increase ........ Secretarial desk Chair IBM Electric Typewriter @ 502.00 Executive Desk ~ 209.00 Conference Table & Six Chairs @ 630.50 $235.00 68. O0 $1,652.50 Maintenance of Machinery & Equipment (2) ......... $ 120.00 (2) Net increase ...... $40.00 Service contract for one IBM Electric Typewriter Communications (3) ............................... $1,638.00 (3) Net increase .......... ;$388.00 Telephone BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mayor City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of October, 1970. No. 19348. AN ORDINANCE to amend and reordain Section =48, "Department of Buildings," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS,' for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =48, "Department of Buildingg"', of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 475 DEPARTMENT OF BUILDINGS Fees for Professional g Special Services (1) ....... $15,000.00 (1) Net increase.- $10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, shall be in effect from its passage. City Clerk APPROVED this Ordinance Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of October, 1970. No. 19349. A RESOLUTION approving the terms of a letter agreement of Bowers & Miller Development Corporation made under date of September 10, 1970, concerning the City's excavation and use of fill material for certain of the City's landfill operations. BE IT RESOLYED by the Council of the City of Roanoke that, the City needin fill material for certain of its landfill operations and Bowers & Miller Development Corporation, owning a certain 25.051 acre tract of land situate on the north side of Route 24, in Roanoke County, east of the corporate limits of the Town of ¥inton, upon which is located a quantity of such fill material, and said corporation being willing to grant to the City the right Lo excavate and use sufficient quantity of such fill material as may be necessary and convenient for the City and said corporat the Council doth hereby concur in and approve the terms of the agreement prepared under date of September 10, 1970, set out in the City Manager's report of September 28, 1970, made to the Council, proposed to be entered into between the City and said corpvration, and doth authorize the City Manager to execute said agreement on behalf of the City upon and after approval of the form thereof by the City Attorney. ATTEST: lc ity. Clerk APPROVED Mayor on, 476 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of October, 197.0. No. 19345. AN ORDINANCE to amend and reordain Sec. 5. Assistant City Attorney, Chapter 7, Title II of the Code of the City of Roanoke, 1956, as amended. WHEREAS, the Council has heretofore made provision in the City's 1970-1971 appropriation ordinance for compensation of the positions hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 5 Assistant city attorney, of Chapter 7, Title II 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. 5. Assistant City Attorney. The city attorney is authorized and empowered to appoint not more than three assistant city attorneys, whose compensation shall be such as may from time to time be fixed by the Council. Any of the duties of the city attorney may be performed by a duly appoihted assistant city attorney, who shall be charged with all of the responsibilities imposed upon the city attorney when acting in such official capacity. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of October, 1970. No. 19350. A RESOLUTION permitting the vote of certain public employees to be taken on public property. WHEREAS, representatives of Public Service Employees Local Union No. 1261 have requested the Council to permit the taking of the vote of certain public employ- ees on the question hereinafter set out, such vote to be conducted on public property prior to or subsequent to the regular working hours of such employees; and WHEREAS, upon consideration of such request and with understanding that suc] vote, if taken, shall in no sense be binding upon the Council, administrative servant of the City or of those persons voting or not voting on such question, the majority of the Council is willing to permit the taking of such vote. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, pursuant to such provisions and conditions as to time, place and other matters as may hereafter be expressly approved by the Council, Public Service Employees Local Union No. 1261 may be permitted to take the vote of certain employees of the City at places located on public property convenient to the place of such employment on the question 477 set out on the following ballot, proposed by said Union, viz~: DO YOU WANT LOCAL 12617 FOR AGAINST ATTEST: ' /-- / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of October, 1970. No. 19351. AN ORDINANCE to amend and reordain Sec. 10. Civilian police; promulgation of rules and regulations, Chapter 1, Title XI of the Code of the City of Roanoke, 195 as amended, providing for the establishment, supervision, training and assignment of duties of an auxiliary police force for the City of Roanoke, under the general super- vision of the City Manager; and providing for an emergency. WHEREAS, the City Manager has recommended the establishment of an auxiliary police force pursuant to the provisions of Chapter 154 of the 1968 Acts of Assembly of Virginia, in which recommendation the Council concurs; and it is necessary for the immediate preservation of the public safety that this ordinance take effect upon its pass age. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 10. Civilian police; promulgation of rules and regulations, of Chapter 1, Title XI of the Code of the City of Roanoke, 1956, as anended, be, and said section is hereby amended and reordained to read and provide as follows: Sec. 10. Auxiliary police; promulgation of rules and requlations. (1) Pursuant to the provision of Chapter 154 of the 1968 Acts of Assembly of Virginia, and pursuant to written rules and regulations to be promulgated by the city manager with the approval of the Council expressed by ordinance or resolution, the city manager may appoint and provide for the training and for the use within the City's police department of the voluntary services of designated individual persons of good character as an auxiliary police force of the city, the members of which, when in service, shall have all the powers and authority and all the immunities of constables at law. The number of such persons shall not at any time exceed fifty, nor shall more than ten percent of such persons be regular city employees nor shall any such persons be members of the city's police force or fire department. (2) The members of the auxiliary police force shall be in the service of the City (a) in time of public emergency, (b) at such times as there are insufficient numbers of regular policemen to preserve the peace, safety and good order of the community, or (c) at any time for the purpose of training such auxiliary policemen.~ At all such times they shall wear the uniform prescribed in subsection (4) of this section. 478 (3) The members of the auxiliary police force while on duty and under the supervision of a regular police officer shall have the authority to carry and bear firearms md shall have the authority to exercise general police powers and to make lawful arrests and searches. (4) The training of such auxiliary policemen, including instruction in the use of firearms, shall be such as is authorized or prescribed by the chief of police. Members of the auxiliary police force shall undergo the same or equivalent instruction in the use of firearms as is required for regular police officers. No auxiliary policeman shall carry or be allowed to carry a firearm in service until he shall have completed such course of instruction in firearms. Duty assignments, training, firearms and type of uniform to be worn shall be such as are specifically prescribed by the chief of police and approved by the city manager, acting pursuant to this section. In the assignment of duties, each auxiliary policeman shall be under the immediate supervision of a regular police officer. (5) Kach member of the auxiliary police force shall furnish himself, at no cost to the city, with a firearm and uniform, approved as provided in the preceding subsection. (6) Except under emergency circumstances, no vehicle or motor equipment assigned to the police department shall be driven or operated by an auxiliary policeman. (7) Each person designated a member of the auxiliary police force, prior to the commencement of training under or assignment of duties in the police department, shall execute and file with the city manager, a writing acknowledging the voluntary nature of such person's services as an auxiliary policeman and releasing and discharging the city, its officers, agents and employees from liability for personal injury and property damage sustained by such person while acting as a member of the auxiliary police force; and the city neither assumes nor shall it be held liable for injury or damage to such persons, nbr to any other person or party claiming injury or damage as a result of any act or 6mission of a person acting as a member of such auxiliary police force. (8) Auxiliary policemen shall not be required to act beyond the limits of the jurisdiction of the city except when called upon to protect any public property of the city located beyond its boundar les. (9) The city manager may at any time revoke the authority of the members of the auxiliary police force to carry firearms or exercise police powers, or the authority of any one or more of such members. Such action, if taken, shall be reported to the city ' council at its next meeting. The city council may at any time disband the members of the auxiliary police force appointed hereunder. (10) The members of the auxiliary police force shall be appointed by the city manager. He shall also have the authority to remove any member. Each member, before entering upon the duties of his office, shall take and subscribe to an oath before the city clerk that he will faithfully and without fear or favor perform the duties of a police office~, and such oath shall be filed with the city clerk and preserved with the reco'rds of his office. BE IT FURTHER ORDAINED that, an emergency existing, this 'ordinance shall be in force upon its passage. ATTEST: : / City Clerk APPROVED Mayor 9 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of October, 1970. No. 19352. A RESOLUTION requesting the Commonwealth of Virginia, Department of Highwa , to incorporate into the plans of the Route 460 Project 0460-128-102, C-502, RW-202, provisions for the construction of the Drange Avenue Sanitary Diversion Sewer, Project No. 1, Division II, as shown on plans prepared by Hayes, Seay, Mattern & Mattern, along Route 460 (Drange Avenue), beginning at Interstate 581 and extending to 12th Street, N. E., the entire cost of which is to be reimbursed by the City to said Department of Highways. WHEREAS, the Commonwealth of Virginia, Department of Highways, in particip tion with the City, proposes to construct or otherwise improve a section of Route 46 (Orange Avenue), Project 0460-128-102, C-502, RW-202, in the City of Roanoke; and WHEREAS, the City Council desires that the construction of the Orange Avenue Sanitray Diversion Sewer, Project No. 1, Division II, as shown on plans prepa by Hayes, Seay, Mattern & Mattern, be incorporated into a certain highway contract proposed to be let to and performed by said Department of Highways' contractor, at no expense to the State, and beincluded in the plans of the aforesaid project and installed by said highway contractor in connection with the construction of the aforesaid project~ .. ~ . THEREFORE, BE IT RESOLVED by the Council of the City~of Roanoke that said City of Roanoke hereby requests the Commonwealth of Virginia, Department of Highways to include in the plans and specifications for the construction of Route 460, Projec' 0460-128-102, C-502, RW-202, and in the contract proposed to be let therefor, provis n for the construction of the Orange Avenue Sanit~y Diversion Sewer, Project No. 1, Diviion II, as shown on plans prepared by Hayes, Seay, Mattern ~ Mattern, at said City's entire cost, from Interstate 581 to 12th Street, N. E., the plans and speci - tions of which said work shall be approved by the City Manager, and said City of Roanoke agrees to reimburse the Commonwealth of Virginia, Department of Highw~s, upo presentation of an invoice, the cost of labor, all material and equipment required fo the construction of said sanitary diversion sewer so included in said highway plans and contract, according to the City's specifications made therefor, based on the unit prices in the overall low bid accepted by the Commonwealth of Virginia, Department o Highways, plus ten per cent (10%) for contingencies. BE IT FURTHER RESOLVED that the City Manager do transmit to the aforesaid Department of Highways, through established channels, attested copies of this resolut on. ATTEST: ' City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of Octoberf 1970. No. 19353. AN ORDINANCE authorizing certain revisions to the piping and the installa- tion of a pre-snubber in the air blower system at the City's Sewage Treatment Plant, upon certain terms and conditions; and providing for an emergency. WHEREAS, funds having been appropriated by the~Council sufficient to pay the estimated cost of the work hereinafter :authorized to be performed, and it is necessary for the usual daily operation of the municipal governmeat that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED .~ by the Council of the City of,Roanoke that the City Manager be, and he is hereby authorized and empowered to enter into contract, on behalf of the City, with Lo~e and Nelson Plumbing and Heating Company, of Roanoke, to make certain revisions to the piping and to install a pre-snubber in the new air blower system at the City's Sewage Treatment Plant, all to be done :in accordance with plans and specifictions therefor approved by.the City Manager, and said contractor to be paid for all such work the actual cost thereof to said contractor plus 100% of said contractor's labor cost, but the whole amount of the City's obli- gation to be limited to and not to exceed the sum of $1,140.00. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of October, 1970. No. 19354. AN ORDINANCE amending Sec. 6. Carnivals, circuses, shows, etc., Chapter 6. Miscellaneous Offenses, Title XXIII, Misdemeanors and Offenses of the Code of the City of Roanoke, 1956, as amended, so as to permit the conducting of shows, carnival circuses and like exhibitions at the Roanoke Civic Center; and providing for an emergency. WHEREAS, the provisions of Sec. 6., Chapter 6, Title XXIII of the Code of the City of Roanoke, 1956, as amended, prohibit the conducting of any show or aggre- gation of shows, carnivals or circuses, or any such like exhibitions at any place in the City limits within a circle described by a radius of four thousand five hundred feet from a point at the center of the intersection of Jefferson Street and the Norfolk and Western Railw{, and in order that such shows be able to be lawfully held at the Roanoke Civic Center it is necessary to amend said section as hereinafter I! 481 WHEREAS, it is necessary for the usual daily operation of the municipal government that this ordinance take e£fect on its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. Carnivals, circuses, shows, etq., of Chapter 6. Miscellaneous Offenses., of Title XXlII, Misdemeanors and Offenses, of the Code of the City of Roanoke, 1956, as amended, be, anti.said section is hereby amended and reordained so as to read and provide as follows: Sec, 6, Carnivals, circuses, shows, etc. Except within the Roanoke Civic Center and the lands appurtenant to and a part thereof, it shall be unlawful for any person to con- duct any show or aggregation of shows, carnival or circus, or any such like exhibition at any place within the city limits within a circle described by a radius of four thousand five hun'dred feet from a point at the center of the intersection of Jefferson Street and the Norfolk and Western Railway; and the commissioner of the revenue shall issue no license to any person for the purpose of conducting any such show or aggregation of shows, carnival, circus or such like exhibition within the above described limits; provided, hoverer, that this section shall not prohibit theatrical or motion picture exhibitions in any house regularly licensed for such purpose, nor any entertainment given by any religious, charitable, or educational institution in buildings owned or controlled by them. Any person violating any provision of this section shall, upon conviction, be fined not less than fifty nor more than one hundred dollars. BE IT FURTHER ORDAINED that an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: /~-~_/-~ ~-- r ~.~_.2 ~,, I /City Clerk Mayo IN THE COUNGIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of October, 1970. No. 19355. AN ORDINANCE to amend and reordain certain sections of the 1970-71 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 ODDAINED By the Council of the City of Roanoke that the following sections of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - INSTRUCTION ;;2000 Personal Services (1) ........................... $9,878,723.14 SCHOOLS - OPERATION OF PLANT ~6000 Personal Services (2) ........................... $ 798,202.15 School Telephones (3) ........................... 31,590.95 Fuel and Power (4) ............................... 197,084.3d' Gas (5) .......................................... 3,079.13 Water (6) ........................................ 20,660.97 482 SCHOOLS - MAINTENANCE OF PLANT & EQUIPMENT =7000 Maintenance of Buildings (7) ................ $ SCHOOLS - IMPROVEMENTS & BETTERMENTS =12000 113,022.54 Improvements and Betterments (8) .... , .... ,.. $ SCHOOLS - IMPROVEMENTS & BETTERMENTS ~12000 21,800.00 Improvements and Betterments (9) ............ $ 108,490.00 (1) Net decrease (2) Net decrease (3) Net decrease (4) Net decrease (5) Net decrease ....... (6) Net decrease ..... (7) Net decrease--- (8) Net decrease ........... (9) Net increase-- -$27,164.86 -$10,192.00 209.05 '--$ 2,915.66 $ 120.87 -$ 339.03 -$ 7,110.46 -$10,904. O0 $27,734.07 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: /2 /)/ " City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, ~RGINIA, The 12th day of October, 1970. No. 19356. A RESOLUTION approving the City Manager's issuance of a change order in connection with the City's ~ntract for the construction of sidewalks in various parts of the City, heretofore authorized by Ordinance No. 19340. WHEREAS, the City Manager, in ,report., to the Council dated October 5, 1970, has recommended that the Council approve the issuance of a change order so as to provide for the construction of sidewalks on three sides of the Roanoke Post Office and Fed~al Courthouse Building to be accomplished by H. & S. Construction Company, the City's current sidewalk contractor. WHEREAS, funds sufficient for the payment of the aforesaid additional cost have been or are being appropriated by the Council for the purpose, an, d the Council is of opinion that such work is necessary. THEREFORE' BE IT ~RESOLVED by the Council of the City of Roanoke that the City Manager be, and is hereby auth, orized and empowered to issue, for and on b~half of the City, a change order to the City's contract with H. &. S. Construction Company heretofore authorized by Ordinance NO..19340 .to .be entered into, so as to provide for the construction of sidewalks by said contractor along three sides of the Roanoke Post Office and Federal Courthouse Bui. ldin~, for an ~a.d.(d~itional cost to the City of $13,137.56, to be paid the aiores'qfd Contrac~qr o~{ of funds appropriated by the Council for this purpose. APPROVED ATTEST: 483 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of October, 1970. No. 19357. Ab~ ORDINANCE to amend and reordain Section ;;87, "Street Construction, of the 1970-71 Appropriation Ordinance, and prowiding for an emergency. WHEREAS, for the usual dail'y operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~87, "Street Construction," of the, 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: STREET CONSTRUCTION ~87 Maintenance of Buildings & Property (1) ........... $38,137.56 (1) Net increase .... $13,137.56 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of October, 1970. No. 19358. AN ORDINANCE providing for the construction of a new sro rm drain on Somers Avenue, S. W., upon certain terms and conditions, by accepting a certain bid made to the City, rejecting certain other bids; and providing for an emergency. WHEREAS, at the meeting of the Council held on September 28, 1970, certain bids made to the City, after due and proper advertisement therefor, for the construct of a storm drain on Somerset Avenue, S. W., were opened and read before the Council and, thereafter, were referred to a committee to be studied and tabulated; and WHEREAS, the aforesaid committee, in report made to the Council dated October 5, 1970, has advised that the bid made by Hudgins and Pace, Contractors, is the lowest and bes't bid received for the performance of said work, and should be accepted, in which recommendation the Council concurs; and WHEREAS, there has been appropriated a sum sifficient to pay the estimated cost of the aforesaid improvement and, ~or the immediate preservation of the public safety and for the usual daily operation of the municipal government, an emergency is .hereby declared to exist. on 484 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of Hudgins and Pace, Contractors, for furnishing all necessary tools, labor and materials for constructing the storm drain on Somerset Avenue, S. lq., in full accordance with the City's plans and specifications made ,therefor, for the total lump sum of $75,379.00, cash, be and said proposal is, hereby ACCEPTED; and the City Manager be, and is hereby authorized and directed to enter into contract on behalf of the City with the aforesaid bidder providing for the construction of said new storm drain, 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 Clerk to so notify each other bidder and to express to each said bidder the City's appreci for the interest displayed in making such bid. BE IT FINALLY ORDAINED that, an emergency existing, this Ordhance be in force and effect upon its passage. ATTEST: APPROVED Mayo IN THE,COUNCIL OF THE CITY oF ROANOKE, VIRGINIA, The 12th day of October, 1970., No. 19359. AN ORDINANCE providing for the construction of a new s~arm drain on Bluefield Boulevard, S. lq., upon certain terms and conditions by acoepting~a certain bid made to the City; rejecting certain other bids; and providing for. an-emergency. lqHEREAS, at the meeting'of the Council held on September,28, 1970, certain bids made to the City, after due and proper advertisement therefor, for the con- struction of a storm drain on Bluefield Boulevard, S. lq., were opened and read befor the Council and, thereafter, were referred to a committee to be studied and tabulate and lqHEREAS, the aforesaid committee, in report made to the Council dated October 5, 1970, has advised that the bid mad by Aaron J. Conner, General Contractor Inc., is the lowest and best bid received for the performance of said work, ,and shou be accepted, in which recommendation the Council concurs; and , WHEREAS, there has been and is being~appro[riated a sum sufficient to pay the estimated cost of the aforesaid improvement and, for the immediate preservation of the public safety and for the usual daily operation of the nunicipal government, an emergency is hereby declared to exist. on 485 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of Aaron J. Conner, General Contractor, Inc., for furnishing all necessary tools, labor and materials for constructing the storm drain on Bluefield Boulevard, S. W., in full accordance with the City's plans and specifications made therefor, for the total lump sum of $69,032.12, cash, be and said proposal is hereby ACCEPTED; and the City Manager be, and is hereby authorized and directed to enter into contrac on behalf of the City with the aforesaid bidder providing for the construction of said new s~orm drain, such contract to incorporate the terms of sai,d 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 Clerk to so notify each other bidde.r and to express to each sfiid bidder the City's appreciation for the interest displayed in making such bid. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST'. . f ./~ -/,;, ,. //.~. / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of October, 1970. No. 19360. AN ORDINANCE to amend and reordain Section =89, "Transfers to Capital Improvement Fund," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke thatSectio~ =B9, "Transfers to Capital Improvement Fu, nd," of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRANSFERS TO CAPITAL IMPROVEMENT FUND =89 Sanford-Brandon Storm Drain, CIP 32 (1) .................................. $1,225.41 (1) Net, decrease ...... $14,682.12 ~ Bluefield Boulevard. Storm Drain, CIP 35 (2) .................................. $69,032.12 (2) Net increase $14,682.12 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: /~ .-~// 486 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of, October~ 1970. No. 19362. A RESOLUTION expressing the City's willingness to accept from the Departme of the Navy certain articles of historical interest from the cruiser USS ROANOKE for suitable display at various locations in the City. WHEREAS, the Department of the Navy has generously off~ered to donate to the City of Roanoke various articles from the cruiser USS ROANOKE, which is' about to be decommissioned, for eventual exhibition at appropriate places in the City; and WHEREAS, this Council is of opinion that the Ship's Bell and other items from said vessel, would constibate interesting and valuable additions to the City's present collection of items relating to Roanoke's past. THEREFORE, BE IT RESOLVEO by the Council of the City of Roanoke that this Council doth hereby express its willingness to accept the offer of the Department of the Navy to donte to the City certain articles of historical interest f~n the cruiser USS ROANOKE for display at suitable locations in the City, and doth express appreciation for the generous offer of said articles. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit attested copies of this resolution to Charles D. Fox, III, Commanding Officer USNRGC5-13, and to the Office of the Chief of Naval Operations, Department of the Navy. ATTEST: ,, ~,~ ,~--x__.,~' City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of October, 1970. No. 19364. AN ORDINANCE to amend and reordain Section =3, "Manager," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHERE'AS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by th.e Council of the City of Roanole that "Manager," Section ~'3, of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CITY' MANAGER '~3 Pe 1 Se i (1) $67~ 812 OO rsona rv ces ......................... , . (1) Net increase ...... $1,768.00 Increased salary of Assistant City Manager from $1,252.00 per month to $1,460.00 per month to be effective October 16, 1970. 487 BE IT FURTHER ORDAINED that, an emergency existing, this ,Ordinance shall be in effect from its passage. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1970. No. 19361. AN ORDINANCE authorizing and providing for the sale and conveyance of sever parcels of land to City of Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. WHEREAS, City of Roanoke Redevelopment and Housing Authority did, under date of April 23, 1970, request that the City sell and convey to said Authority the property hereinafter mentioned, needed by said Authority in assembling the necessary land for its Kimball Redevelopment Project (Project No. Ya. R-46), said Authority advising the City that recent appraisals made of the value of the lands hereinafter described indicate their aggregate value to be $102,150.00, which amount would be credited to the City as a part of its obligation toward said project; and WHEREAS, the City Manager has, by letter dated October 5, 1970, recommended that the hereinafter described lands be conveyed to said Authority, they not being held by the City for any of its public purposes, for the nominal consideration of one dollar cash plus credit to the City of the sum of $102,150.00 toward its obligation for said Kimball Redevelopment Project, upon the terms and conditions herein provided; in all of which this. Council 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 Housing Authority the following described seven parcels of land: KIMBALL REDEVELOPMENT PROJECT Parcel No. 3-8 3-17A 5-1 5-6 6-4 12-B1 21-1 OFFICIAL PURCHASE TAX NO. PRICE 3020807 $ 35,000 3020808 302O8O9 3020874 350 3O21511 3021517 4,000 30215O5 275 3O221O9 275 3012308 3011720 61,700 3O12116 55O TOTAL $102,150 488 with special warranty o-£ 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 $102,150.00 toward its obligation for the cost of the Kimball Redevelopment Project, such conveyan( to be 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 a£cresaid properties, such deed to be made upon such form as is approved by the City Attorney and, upon its execution and acknowledgement,the City Attorney shall be and is hereby authorized to deliver said deed to City of Roanoke Redevelopment and Housing Authffit 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. APPROVED ATTEST: ~x / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1970. No. 19363. AN ORDINANCE authorizing,the dedication by deed, for public street purpose., only, of a strip of land, 25 feet in width, owned by the City and located adjacent to and to the northeast of Ferncliff Avenue in Roanoke County, upon certain terms and conditions. WHEREAS, in order that suitable access to certain property located to the northeast of the land upon which William Ruffner Junior High School and William FlemJ High School are situate be obtained, Mr. Maury L. Strauss has heretofore petitioned the Council ,for the dedication, for public street purposes only, of a strip of land approximately 25 feet in width and approximately 795 feet in length, presently owned by the City and being located along the southeasterly line of the property presently used for the aforesaid schools; and WHEREAS, the School Board of the City of Roanoke has no present use for such land for school purposes, and has approved the dedication of same as requested by the petitioner; and the Planning Commission of the City of Roanoke and the Roanok~ County Planning Commission have approved the dedication of such strip of land as pro- posed by the petitioner, and this Council is agreeable to the dedication of such land upon the terms and conditions hereinafter set forth. 489 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and they are hereby, authorized and empowered to seal and attest, respectively, a deed of dedication, approved as to form by the City Attorney, by which the City would dedicate to Roanoke County, for public street purposes only, a strip of land approximately 25 feet in width and approximately 795 feet in length, located adjacent to and to the northeast of Ferncliff Avenue in Roanoke County, and shown in detail on a plat made by David Dick and Harry A. Wall, Civicl Engineer and Surveyor, under date of June 1, 1970, such deed of dedication to contain adequate reverter provision approved by the City Attorney; and such deed of dedication to be delivered for recordation simultaneously with the recordation by Maury L. Strauss of appropriate dedication by deed or map of an adjoining 35-foot wide strip of land, the two strips of land together to comprise a new public street 60 feet in width and leading from the northeast line of Ferncliff Avenue to the property presently owned by Maury L. Strauss. BE IT FURTHER ORDAINED that the City Clerk do transmit an attested copy of this ordinance to Mr. Maury L. Strauss. APPROVED ATTEST: ? City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1970. No. 19365. AN ORDINANCE to amend and reordain Section ~21000, "Schools - Manpower Development and Training Act, of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Secti =21000, "Schools - Manpower Development and Training Act," of the 1970-71 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows in part: SCHOOLS - MANPOWER DEVELOPMENT AND TRAINING ACT ~21000 $12,321.00 To be 100% reimbursed from federal funds with the exception of $3,022.00 in the form of "In-Kind" matching physical facilities BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Cit. v Clark A'P P R O V E D 49O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of OctoJ~er, 1970. No. 19'366. AN ORDINANCE to amend and reordain Section =21000, "Schools ~- Manpower ,, Development and Training Act, of the 1970-71 Appropriation Drdinance,, and providing f,or an ~emergency. WHEREAS, for the usual :daily operat ion of the Municipal Government of City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =21000, "Schools - Manpower Development and Training Act," of the 19-70-71 Appropriation Ordinance, be, and the same is hereby, amended and xeordained to read as follows, in part: SCHOOLS - MANPOWER DEVELOPMENT AND TRAINING ACT ~*21000 $14,244.00 To be 100% reimbursed from federal funds with the exception of $2,250.00 in the form of "In-Kind" matching physical facilities BM IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1970. No. 19367. A RESOLUTION relating to the permanent closing, vacating and discontinuanc, of a portion of the ten foot alley running between 20th Street, N. E. and Osborne Street, N. E., Block 20, along the rear property lines of Lots 1 through 27, Block 20, Map of Jackson Park, City Official Tax Nos. 3330101 through 3330127, of record in the Clerk's Office of the Circuit Court for the County of RoanOke in Map Book 1, pg. 270. WHEREAS, petitioners Bonnie J. Malcolm, widow, W. E. Spurlock and Massye Spurlock, Wallace H. Sink and Opal W. Sink, Mr. and Mrs. D. B. Weddle, Benton Weddle Jr., Anna Lee Stone, widow, and ~homas M. and Eva O. Aheron, are the owners of Lots i, 2, 3, d, 7, 8, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 21, 22, 23,'25, 26 and 27; the City of Roanoke is owner of Lot 24; Robert W. Fletcher, of Lots 5 and 6; and Ray J. Cook and Kathleen G. Cook, of Lots ld and 15,. surrounding and abutting upon the hereinafter described portion of the alley, have duly posted notice, as required by law, as shown by the affidavit of Kermit E. Allman, City Sergeant, more than ten (10) days prior to this date at the Court House of the Hustings Court of the City of Roanoke and two public places in the City of Roanoke, that it is applying that the following described portion of an alley be permanently closed, vacated and discontinu and has requested that viewers to view said portion of said alley be appointed, and to report in writing whether, in their opinion, any, and if any, what inconvenience would result from discontinuing the same. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that pursu to the provisions of Section 15.1-364 of the Code of Virginia, of 1950, as amended, Messrs. L. Elwood Norris, George W. ,Overby, Edward H. Brewer, Jr., William M. Harris and James L. ~rinkle; any three of whom may act, are hereby appointed viewers to view the following described portion of an alley, and to report in writing whether, in their opinion, any, and if any, what inconvenience would result from discontinuing the same, said portion of said alley being described as follows: That portion of a 10 ft. alley running through Block 20, r~ap of Jackson Park, which is between 20th Street., N. E. and Osborne Street, N. E., City of Roanoke, and being abutted by Lots 1 through 27, City official tax Nos. 3330101 through 3330127. A P P'R 0 ¥ E D ATTEST: City Clerk Mayo~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1970. No. 19368. A Resolution providing for the appointment of five free-holders, any three of whom may act, as viewers in connection with the application or petition of the Roanoke News Agency, Inc., to vacate, discontinue, .and close that triangular portion of 9th Street, S. E., more particularly described as follows: BEGINNING at a point at 2, being shown as 2 on Plan No. 5065, prepared under date of August 31, 1967, in the Office .of the City Engineer, Roanoke, Virginia, a copy of which said Plan No. 5065 is on file in the Office of the Qity Clerk; thence S. 14° 02' E. 68.36 feet to a point on the right of way of the Norfolk and We~ern Railway Company, said point ,being S. 790 36' E. 30.61 feet from point 3 on the above-mentioned Plan No. 5065; thence with said railroad right of way S. 790 36' E. 88 feet more or less to a point, thence in a northerly direction with the east side of the old right of way of 9th Street, S. E., now unused due to the construction of the new bridge over to the Industrial Center 400 feet more or less along the property of Roanoke News Agency, Inc., to a point on said 9th Street right of way; thence a curved line to the right having a chord bearing and distance of SOo 44.5' E. 267.26 feet, an arc distance of 269.68 feet to a point; thence S. 12o 33' W. 43.80 feet to the Place of Beginning at 2; and being that portion of 9th Street, S. E., now unused since the bridge to the Industrial Center has been con- structed; 492 as provided by Section 15.1-364 of the 1950 Code of Virginia, as amended to date. WHEREAS, it appearing.to the Council of the City of Roanoke, Virginia, upon said petition that said petitioner did duly and legally publish, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of application to this Council to vacate that triangular portion of 9th Street, S. E., now unused, herein described, situate in the southeast section of the City of Roanoke, the public of which was had by duly posting copies of said notice in the manner provided by law, al! of which is verified by an affidavit appended to the petition addressed to the Council requesting,that the same be vacated; and a ion WHEREAS, it further appearing to the Council that more ;than ten days have elapsed since the publication of the hereinabove-described notice of application, and the Council having considered the petition to the applicant to vacate that triangular portion ,of 9th Street, S. E., herein described, as provided by Section 15.1-364 of the 1950 Code of Virginia, as amended; and WHEREAS, the petitioner has requested that not less than three, nor more than five, qualified persons be appointed to view the aboved~s~ribed triangular portio of 9th Street, S. E., sought to be vacated, discontinued and closed, and report, in writing, as required by Section 15.1.-364 of the 1950 Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. William P. Wallace, J. Tare McBroom, Dewey H. Marshall, Harry Whiteside, Jr., and Dale Poe, any three of whom may act, be, and they are hereby, appointed as viewers to view the above-described portion of an alley or street sought to be vacated, and to report, in writing, as required by Section 15.1-364 of the Code of Virginia, as amended, whether or not, in their opinion, any, and if any, what incon- venience would result from formally vacating that triangular 9th Street, S. E. BEGINNING at a point at 2, being shown as 2 on Plan No. 5065, pre- pared under date of August 31, 1967, in the Office of the City Engineer, Roanoke, Virginia, a copy of which said Plan No. 5065 is on file in the Office of the City Clerk; thence S. 14o 02' E. 68.36 feet to a point on the right of way of the Norfolk and Western Railway Company, said point being S. 79~ 36' E. 30.61 feet from point 3 on the above-mentioned Plan No. 5065; thence with said railroad right of way S. 79o 36' E. 86 feet more or less to a point; thence in a northerly direction with the east side of the old right of way of 9th Street, S. E., now unused due to the construction of the new bridge over to the Industrial Center 400 feet more or less along the property of Roanoke News Agen, cy, Inc., to a point on said 9th Street, S. E., right of way;. thence, a curved line to the right having a chord bearing and distance of S. Oo 44.5' E. 267.26 feet, an arc distance of 269.68 feet to a poing; thence S. 12o 33' W. 4~.80 feet to the place of Beginning at 2; and being that portion of 9th, Street, S. E., now unused since the bridge to the Industrial Center has been constructed. APPROVED ATTEST: City Clerk Mayor 493 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1970. No. 19369. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Johnson-Carper Furniture Company, Incorporated to permanently vacate, discontinue and close the remaining portion of Daleton Street, N. E., beginning at a point where a projection of the southwesterly Hne of Lot 6 of the W. C. Woods subdivision of Section 1 of Riley Heights intersects Daleton Street and proceeding in a northeasterly direction to a point where Daleton Street intersects the southwesterly side of Hollins Road, being a distance of 200 feet, more or less. WHEREAS, it appearing to the Council of the City of Roanoke, Virgi~a, that Johnson-Carper Furniture Company, Incorporated did on October 6, 1970, duly and legally publish, as required by Section 15.1-364 of the Code of Virginia (1950) as amended, a notice of its application to the Council of the City of Roanoke, Virginia, to close the hereinafter described portion of Daleton Street, the publication of whic 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 sectiol of the Virginia Code, as amended, all of which is verif'ied by an affidavit of the City sergeant appended to the application addressed to the Council requesting that th, hereinafter described portion of Daleton Street be permanently vacated, disco~ imed and closed; and WHEREAS, it appearing to the Council that more than ten (10) days have elapsed since the ~blication of such proper legal notice, and the Council having considered said applicatidn to p~manently vacate, discontinue and close the herein- after described portion of Daleton Street; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be apIrinted to view said portion of Daleton Street herein sought to be per- manently vacated, discontinued and closed and report in writing, as required by Section 15.1-364 of the Code of Virginia (1950), as amended. THEREFORE, BE IT RESOLVED by the council of the City of Roanoke, Virginia, that Messrs. James L. Trinkle, William M. Harris, Edward H. Brewer, Harold W. Harris, Jr., and George W. Overby, any three of whom may act, be, and they hereby are, appointed as viewers to view the following described portion of Daleton Street and report in writing, pursuant to the provisions of Section 15.1-364 of the Code of Virginia (1950), as amended, whether or not in their opinion any, and if any, what inconvenience would result from formally vacating, discontinuing and closing the same, inamely: 494 BEGINNING at a point where a projection of the south- westerly line of Lot 6 of the W. C. Woods subdivision of Section 1 of Riley Heights intersects Daleton Street, and proceeding in a northeasteriy direction to a point where Daleton Street intersects the southwesterly side of Hollins Road, being a distance of 200 feet, more or less, said street being 40 feet wide, more or less. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1970. No. 19370. AN ORDINANGE to amend and reordain Section~ =19, "Juvenile and Domestic Relations Court," and Section =13, "Retirements," of the 1970-71 Appropriation ~)rdinance,. and providing for an emergency. WHEREAS, for t. he usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BEIT ORDAINED by the Council of the City of Roan;oke that Section =19, "Juvenile and Domestic 'Relations Court," and Section =13, "Retirements, of the 1970-71 Appropriation .Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: JUVENILE AND DOMESTIC RELATIONS COURTS =19 Other Equipment - New ... Office Furniture & Equi~;;[- ~;~,":::1:::::: $ 400. 550.0000 Printing and Office Supplies (1) ............ 2,500.00 Personal Services (2) ............... 185,681.00 Fees for Professional Services (3) .............................. (1) Net increase .... (2) Net increase (3) Net increase ..... RETIREMENTS =13 $ 100.00 ---$18,336.00 $ 4,500.00 10,200.00 Social Security (1) ......................... $321,230.50 (1) Net increase ....... $1,400.00 BE IT FURTHER ORDAINED tha. t, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mayor ATTEST: /City Clerk 495 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1970. No. 19372. A RESOLUTION endorsing the proposal of Family Service-Traveler's Aid of Roanoke Valley for a three year demonstration project for protective services for the aged, at no cost to the City. WHEREAS, Family Service-Traveler's Aid of Roanoke Valley, a private, non- profit, voluntary service agency, has made application to the Commonwealth of Virgi through the Division of State Planning and Community Affairs for Urban Assistance Incentive Funds for a three year demonstration project entitled "Protective Service for the Aged", which proposed project would render information dissemination and other services to incapacitated persons in the Roanoke Valley over the age of sixty years in order to aid such individuals in achieving a level of competence in managir their own aff~rs, and this Council has been requested to endorse such project which will be at no cost to the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth hereby endorse the proposed three year demonstration project of Family Service-Traveler's Aid of Roanoke Valley entitled "Protective Service for the Aged", such project to be accomplished with Urban Assistance Incentive Funds, and at no cost to the City. BE IT FURTHER RESOLVED that the City Clerk do transmit attested copies of this resolution to Mr. Charl~. H. Graves, Director of the Division of State Planning and Community Affairs of the Commonwealth of Virginia, and to Mr. Albert L. Harriet Executive Director of Family Service-Traveler's Aid of Roanoke Valley. APPROVED ATTEST: ~'- ~- ~'Ci~'~ C~erk' Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1970. No. 19373. A RESOLUTION appointing two (2) directors of the Indus trial l Development Authority of the City of Roanoke, Virginia, to fill four-year terms of office on it 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, Virgi will expire on October 20, 1970; and a, a, 496 WHEREAS, Section 15.!-1377 of the 1950 Code of Virginia, as amended, provides that appointments made by the gover, ning body on such board of directors shall, after initial appointment, be made for terms of fo~ (4) years on such board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Robert W. Woody and W. Bolling Izard be, and are reappointed directors on the board of directors of the Industrial Development Authority of the City of Roanoke, Virgini for terms of four (4) years, each, commencing on October 21, 1970, and expiring October 20, 1974, to fill vacancies created by the expiration of the term of office of said members on said board occurring on October 20, 1970. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, lc;/o. No. 19375. A RESOLUTION relating to court, courthouse and jail facilities in the City of Roanoke. WHEREAS, this Council desires to formally set forth at this time its commitments and intentions regarding the provision of adequate court, courthouse and jail facilites in the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows 1. That this Council will forthwith and conscientiously pursue the study of and commit itself to provide for the City, at the earliest date possible, adequate court, courthouse and jail facilities in the City; 2. That this Council reaffirms its intention, as evidenced by its Resolution No. 19342, adopted September 28, 1970, of continuing further study and evaluation of the concept of a separate jail facility operated by the City or by one or more of the local governing bodies on a ~egional, consolidated or other cooperative bas is; and 3. That the City Man~jer is hereby directed to proceed forthwith to formu- late plans for the alteration, renovation 'and improvement of the present courthouse and the property on the southwest corner of Campbell Avenue and 3rd Street, S. W., based upon the total of sums heretofore appropriated or anticipated to be available for the purpose of such improvements, such plans, together, with a proposed schedule of construction, to be presented to the Council not later than January 1, 1971. BE IT FURTHER RESOLVED that the City Clerk do transmit copies of this resolution to the Honorable Judge of the Hustings Court of the City of Roanoke and 49'7 to the Judges of the other Courts of Record of the City, and advise said Judges that subsequent periodic reports will be made and transmitted in timely fashion. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of October, 1970. No. 19371. AN ORDINANCE amending subsection (b) of Sec. 11. Chapter 3, Title II of the Code of the City of Roanoke, 1956, as amended, relating to certain legal holidays and providing for the effective date of this ordinance. WHEREAS, the City Manager has recommended the following amendment to the Code of the City of Roanoke so as to provide that certain City holidays will be in the future fall on Mondays, in conformity with certain recently enacted State and federal legislation, in which recommendation the Council concurs. THEREFOEE, BE IT DRDAINED by the Council of the City of Roanoke that sub- section (b) of Sec. 11. Office Hours and Holidays, of Chapter 3, Officers and Emplo- yees Generally, of Title II, Administration, of the Code of the City of Roanoke, 195~ as amended, providing for the observance of certain legal holidays, be amended and reordained so as to read and provide as follows: (b) New Year's Day, the third Monday in February (Washington's Birthday), the last Monday in May (Memorial Day), the Fourth Day of July, Labor Day, Thanksgiving Day, and~foL~g~]mn~g~g~y, and ChristmmDaybe observed as legal holidays, and whenever any of said days shall fall on a Sunday, the Monday next following shall be observed as a legal holiday, for all departments of the city except as may be otherwise provided by law, and except as to members of the fire department, and subject to the aforesaid exceptions, when Christmas falls on a Saturday, the Monday next following shall be observed, to the extent abovementioned, as a legal holiday. Except as other- wise provided by law and the provisions of paragraph (d) of this section, each Sunday shall be observed as a day of rest. BE IT FURTHER ORDAINED that this ordinance shall become effective January 1, 1971. ATTEST: APPROVED Mayor 498 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of October, 1970. No. 19374. AN ORDINANCE amending and reordaining Rule 1. of Sec. 2. Chapter 4, of Title II of the Code of the City of Roanoke, 1956, as amended, relating to regular meetings of the City Council. WHEREAS, in order to coordinate the regular meetings of Council with the observance of legal holidays, the Council is of opinion that its rules of procedure should be amended, as hereinafter set forth, so as to provide that whenever, with the exception of the organizational meeting required by the City Char~er, a regular meetin be upon a Monday which is a legal holiday, such meeting shall be held the Tuesday, next following. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Rule 1. Regular Meetings, of Sec. 2. Rules of procedure, of Chapter 4, The Council, of Title II, Administration, of the Code of the City of Roanoke, 1956, as amended, relating to regular meetings of the City Council, be, and said rule is hereby amended and reordained to read and provide as follows, viz: Rule 1. Regular Meetings. The Council shall hold its regular meetings on Monday of each week, at 2 :00 P.M., except that when such Monday be a legal holiday of the City, such regular meeting shall be held Tuesday, next following, at 2:00 P,.M,, provided that nothing herein contained shall be construed to alter the time, date or place of the Council's organizational meeting,pro- vided for in the City Charter; and provided, further, that during the months of June, July and August, two regular meetings may be held. APPROVED ATTEST: ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of October, 1970. No. 19376. AN ORDINANCE to amend and reordain Section ~6SO0, "Schools - Work Incentiv Program," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~6~000, "Schools - Work Incentive Program," of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follow~, in part: 499 SCHOOLS - WORK INCENTIVE PROGRAM ~69000 $31,984.37 To be 100% reimbursed by the Virginia Employment Commission BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A P P R O.V E D ATTEST: ~ ~/'~'/City' ~lerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of October, 1970. No. 19377. AN ORDINANCE to amend and reordain Section =65, "Airport," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =65, "Airport, " of the 1970-71 Appropriation .Ordinance, be, and the same is hereby, amended and reordained to read and provide as follows, in part: AIRPORT ~65 Fees for Professional and Special Services (1) ...... $18,500.00 (1) Net increase --$17,.500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: .~-__. ~ ;. . ~;~ ~._ ~: _ u...~,,~...:, ..... / / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of October, 1970. No. 19378. AN ORDINANCE to amend and reordain Section =10, "Auditor," of the 1970-71 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 0 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Seotio ~*10, "Auditor, of the 1970-71 Appropriation Ordinance, be, and the same is hereby, amended and reordained' to read as follows, in part: AUDITOR ~10 Personal Services (1) ........................... $181,842.08 (1) Net increase ........ $1,694.08 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~/ City Clerk APPROVED Mayor IN ,THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of October, 1970. No. 19379. AN ORDINANCE accepting a certain bid for the supply to the City of two new wired remittance control registers for use by the City Treasurer, and authorizing the issuance of a purchase order therefor; and providing for an emergency. WHEREAS, on October 20, 1970, and after due and proper advertisement had been made therefor, a certain bid for the supply to the City of the equipment hereina mentioned was opened in the office of the City's Purchasing Agent by three members of a committee appointed for the purpose, and, thereafter, was studied by the committ, which has made written report and recommendation to the Council through the Assistant City Manager; and ~/HEREAS, the Assistant City Manager has made written report and has trans- mitted the same to the Council recommending approval of proposal hereinafter accepted and the Council, considering all of the same,has determined that the bid hereinafter accepted is the lowest, best and only bid made to the City for the supply of said equipment and should be accepted, funds sufficient to pay for the purchase price of said equipment having been appropriated for the purpose; and WHEREAS, it is necessary for the usual daffy 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 bi, of The National Cash Register Company, for the supply to the City, f. o. b. Roanoke, of two new wired Remittance Control Registers, Class 2000, Model HK-2258 (24) UP-TT- JE-B-W2, meeting or exceeding the City's specifications made therefor, for a total purchase price of $.19,576.00, cash, be, and said bid is hereby ACCEPTED; and the City Purchasing Agent be, and he is hereby authorized and directed to is'sue the City's ter e