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Home My WebLink About18079-4/1/68 - 18496-12/23/681 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of Apr il, 196B. No. 1B079. AN ORDINANCE to amend and reordain Section ~22, "Commonwealth's Attorney, of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~22, "Commonwealth's Attorney," of the 1967-68 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) .................... $ 390.00 (1) Net increase ...................... $75.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage, subject to approval of the State Compensation Board. APPROVED ATTE ST: / / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1968. No. 18080. A RESOLUTION disapproving, in part, a request of the Commonwealth's Attorney for the City of Roanoke made to the State Compensation Board for an increase in the amount of the salary of the first assistant to said Commonwealth's Attorney for fiscal year 1968-69. WHEREAS, there has been submitted to the Council a copy of a request made by the Commonwealth's Attorney for the City of Roanoke to the State Com~pensation Board for approval of certain salaries and expenses of the office of said official.~ for fiscal year 1968-69, from which it appears that request has been made thaV, the;",.. salary of the first assistant to said official be increased from $8,000.00 to. -'~ . $12,000 O0 for the aforesaid fiscal year' and ~: ,'~ · , . ,~;~ WHEREAS the Council, considering the matter, is not willing to :concur.. in the full amount of the increase so requested by said Commonwealth's Attorn'ey. THEREFORE, BE IT RESOLVED by the Council of the City of Roanjoke. that said Council does not concur, but objects to that part of the request made by the .' Commonwealth's Attorney for the City of Roanoke to the State Compensation Board for allowance of salaries and expenses of the office of that official for fiscal year 1968-69, which proposes an increase from $8,000.00 to $12,000.00 in the salary of the first assistant to said Commonwealth's Attorney; said Council being agreeable, however, to the allowance of an increase in the salary for said position to a total sum of not more than $10,000.00 per annum. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit attested copies of this resolution to the State Compensation Board and to said Commonwealth's Attorney, with advance notice thereof to be given by wire. APPROVED ATTEST: fCity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1968. No. 18081. AN ORDINANCE to amend and reordain Section ~91, "Non-Departmental," of the 1967-68 Appropriation Ordinance, ano provioing for an emergency. WHEREAS, for the usual daily operation of. the Municipal Government of 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 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-DEPARTMENTAL ~91 Personal Injuries (1) ................................ $ 1,500.00 (1) Net increase $500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: I /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1968. No. 18082. AN ORDINANCE concurring in the award of a contract by the Virginia Department of Highways for the improvement of 0.918 mile of Route 460 (Orange Avenue, N. E.) Project 0460-128-102, PE-iO1, RW-201, C-501, B-603, B-604, Federal 3 Project U-126-1(10), including the Orange Avenue Diversion Sewer and a triple 7 foot by 7 foot box culvert; providing for the execution of an agreement with the Virginia Department of Highways relative to the maintenance of said highway and signifying the City's intent to participate in the payment of a portion of the costs of said project; and providing for an emergency. WHEREAS, pursuant to the City's request therefor, the Department of Highways has formulated plans and received contractor's bids for certain improvement to a 0.918 mile portion of U. S. Route 460, (Orange Avenue, N. E.), extending westerly into the City from its east corporate limits, for which the City has agreed to pay 15% of the total cost but said bids including certain other construction to be performed for the City and for which the City has offered to pay all or a higher portion of the cost thereof; and WHEREAS, of the several bids received by the Virginia Department of Highways for the construction of the aforesaid projects, a certain bid of $1,221,368 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, of which total cost for said project the City's total share will amount to the sum of $294,752.95, as shown by an itemized estimate of said'costs in a certain written agreement prepared to be entered into between the City and the Commonwealth of Virginia, Department of Highways, aha hereinafter set forth, for the payment of which sufficient funds have been appropriated by the Council; and WHEREAS, said Department has requested that the City concur in its award of a requisite contract to the successful iow bidder for the construction of the aforesaid improvements based upon said bidder's proposal of the sum of $1,221,368.0C as the total estimated costs of all of said improvements, and to enter into agreemen with said Department agreeing upon the maintenance of said highway and upon the proportion of the total cost of the highway construction and of the Orange Avenue Diversion Sewer and of said triple 7' x 7' box culvert 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 award of a contract by the Commonwealth of Virginia, Department of Highways, to the lowest and best bidder to said Department for the construction of the public improvements shown on the plans for the U. S. Route 460 (Orange Avenue, N. E.) Project 0460-128-102, PE-IO1, RW-201, C-501, B-603, B-604, Federal Project U-128-1(10), said contract to be based on an estimated cost and bid of $1,221,368.00 of which said total estimated cost the City's proportionate share shall be the total estimated sum of $294,752.95 as shown by the tabulation hereinafter set out but the costs so shown to be understood to be estimated and percentages shown to be applied to the final, actual costs. O0 BE IT FURTHER ORDAINED that the City Manager be, and he is hereby authorized to execute on behalf of the City with the aforesaid Virginia Department of Highways an agreement relating to the maintenance of the aforesaid highway under provisions of the Federal Highway Act as amended and supplemented and containing the City's agreement to participate in payment of the actual cost of said improve- ments, the agreement to be set out in the following words and figures, to-wit: "AGREEMENT BY MD'NICIPALITY OR POLITICAL SUBDIVISION TO MAINTAIN HIGHWAYS IMPROVED UNDER PROVISIONS OF FEDERAL HIGHWAY ACT AS AMENDED AND SUPPLEMENTED The City of Roanoke, State of Virginia, hereinafter referred to as Roanoke, and the Virginia Department of Highways, hereinafter referred to as the Highway Department, hereby agree as follows: 1. That the Highway Department will submit a project for the improvement of 0.918 mile of Route 460 within Roanoke from 0.918 Mi. W. of E.C.L. to E.C.L. of Roanoke, Station 99+01.61 to Station 41+88.00, known as Orange Avenue, and designated as Route 460, Project 0460-128-102, PE-iO1, RW-201, C-501, B-603, B-604, Federal Project U-128-1(10). 2. Roanoke hereby requests the Highway Department to submit the afore- mentioned project with recommendation that it be approved by the Bureau of Public Roads and agrees that if such project is approved and constructed by the Highway Department and the Bureau of Public Roads, it, thereafter, at its own cost and expense, will maintain the project, or have it maintained, in a manner satisfactory to them or their authorized representatives and will make ample provision each year for such maintenance. 3. Roanoke hereby agrees that the location, form and character of informational, regulatory, warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority, or other agency, shall be subject to the approval of the Highway Department with the concurrence of the Bureau of Public Roads. 4. Parking will be prohibited at all times on both sides of this project as above described. 5. At places where parking is prohibited, the appropriate NO PARKING signs shall be erected. The size, design and color of such signs shall conform to the standards as shown in the latest edition of the Manual on Uniform Traffic Control Devices. 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 that prison labor will not be used for any purpose whatsoever on this project during the time it is under construction agreement between the Highway Department and the Bureau of 'Public Roads. 8. Roanoke agrees to participate in the actual cost of this project in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applied to actual costs: City of Estimated Roanoke's Share Item Cost ~ Amount Roadwork Preliminary Engineering Demoliton Const. Ident. Signs Signs & Pave. Markings 36" Sanitary Sewer B-603 over Tinkers Creek B-604 Triple 7' x 7' Box Right of Way Field Office 629,998.00 15% or $ 94,499.70 30,000. O0 15% or 4,500.00 550.00 15% or 82.50 280.00 15% or 42.00 2,530.00 15% or 379.50 44,906.00 100% or 44,906.00 142,942.00 15% or 21,441.30 227,162.00 47.5% or 107,901.95 140,000.00 15% or 21,000.00 3,000.00 0% or - 0 - Total Totals: $1,221,368.00 City Share: $294,752.95 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Roanoke' on the day of , 1968, and the Highway Department on the day of , 1968. CITY OF ROANOKE (Municipality or political subdivision) ATTEST: By City Manager City Clerk COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HIGHWAYS (Official title of Highway Department) By Deputy Commissioner BE IT FURTHER ORDAINED that attested copies of this ordinance be trans- mitted to officials of the aforesaid Department as evidence of this Council's aforesaid concurrence and statement of intent; and BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1900. No. 18083. A RESOLUTION authorizing and directing the City Attorney to cause suits in equity to be instituted and conducted for the purpose of enforcing the City's lien for delinquent taxes and other assessments against certain properties in the City. BE IT 2ESOLVED by the Council of the City of Roanoke that the City Attorne be, and he is hereby authorized and directed to cause suits in equity to be instituted and conducted for the purpose of enforcing the City's lien for delinquent taxes and other assessments, unless arrangements satisfactory to said City Attorney for the payment thereof are made within thirty (30) days from the date of this resolution, against those certain parcels of land in the City of Roanoke, Virginia, in the names of the present record owners, the descriptions of which are given with the name of each record owner, Record Owner(s) Emma Aliff Emma Aliff as follows: Hattie C. Assaid Description Lot 1, Block 14, Map of East Gate Addition, Official No. 3231001 Lot 2, Block 14, Map of East Gate Addition, Official No. 3231002 Lots 13 5 14, Block 34, Map of Hyde Park Land Company, Official No. 221905 Record Owner(s) J. M. Ayers He rs J. M. Ayers Heirs J. M. Ayers Heirs J. M. Ayers Heirs J. M. Ayers He rs J. M. Ayers Heirs Branch Briggs et ux Virgie Brown A. R. & Cecil L. Bush A. R. ~ Cecil L. Bush ATTEST: / City Clerk Description Lot 10, Block 1, Map of Avendale Official No. 3090924 Lot 18, Block 1, Map of Avendale Official No. 3090932 Lot 19, Block 1, Map of Avendale Official No. 3090933 Lot 10, Block 2, Map of Avendale Official No. 3090608 Lot 11, Block 2, Map of Avendale Official No. 3090609 Lot 12, Block 2, Map of Avendale Official No. 3090610 Lot 12, Block 5, Map of Lynwood Land Company, Official No. 3042312 W. Pt. Lot 18, Block 19, Map of North Side Land Company, Official No. 2121718 Lot 4, Block 29, Map of East Gate Addition, Official No. 3231304 Lot 5, Block 29, Map of East Gate Addition, Official No. 3231305 A P P R OV ED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1968. No. 18084. AN ORDINANCE to amend and reordain Section ~97, "Overtime Pay and Terminal Leave," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~97, "Overtime Pay and Terminal Leave," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: OVERTIME PAY AND TERMINAL LEAVE #97 Overtime Pay under Job Classification (1) .............................. $ 65,000.00 (1) Net increase-- $10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1968. No. 18085. A RESOLUTION approving the employment of a third full-time assistant in the Office of the Commonwealth's Attorney at an annual salary of $7,500.00. WHEREAS, the Council having heretofore appointed a committee to consider matters relating to incidents of burglary, vandalism and other offenses in the City and the extent to which the same are committed by juveniles, and of steps to be taken to assure proper prosecution of such offenses and of all other offenses cognizable by the courts of the City; and WHEREAS, said committee, upon conferring with the Commonwealth's Attorney of the City and others, has recommended that the Council approve the employment of an additional assistant to said Commonwealth's Attorney so that said Common- wealth's Attorney, or one of his assistants, be at all tim~ available to participate in the preparation and prosecution of all such cases arising in the courts of the City and, particularly, in the Juvenile and Domestic Relations Court. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council Goth hereby approve the employment in the Office of the Commonwealth's Attorney for the City of Roanoke of a third full-time assistant commonwealth's attorney possessing the qualifications required by law, effective immediately and upon approval of such appointment by the State Compensation Board, to be compensated at an annual salary of $7,500.00, which shall be apportioned between the City and the Commonwealth as provided by law. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit to the Commonwealth's Attorney and to said State Compensation Board attested copies of this resolution. APPROVED --Cit Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1968. No. 18087. A RESOLUTION acknowledging certain public services rendered by the late GEORGE P. LAWRENCE. WHEREAS, George P. Lawrence, a member of the local Bar and a respected member of this community since establishing residence in the City in 1946, departed this life on March 23rd, last; and 8 WHEREAS, during the period of his residence in the City he had been active to an unusual degree in public affairs and had throughout displayed a willingness to undertake responsibilities of leadership and service in the community, having served by appointment of the City Council as a member of the City's Citizens' Committee for Greater Roanoke, and having served as a member of the Roanoke Public Library Board from July 1, 1965, until his death; and ~HEREAS, in all such positions of appointment and responsibility he displayed sound judgment and discharged the duties of his said positions efficientl and with highest integrity. 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 meritorious public services performed for the City and its residents by the late George P. Lawrence in the positions of responsibility formerl held by him under this Council; and doth extend to his widow and to the members of his family its sympathy in his passing. BE IT FURTHER RESOLVED that the City Clerk do transmit attested copies of this resolution to the former citizen's widow, Mrs. Gwendolyn Johnson Lawrence, to his son, Lt. George C. Lawrence, and to his mother, Mrs. Daisy P. Lawrence. APPROVED ATTEST: .... 7~ity~ Cierk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1968. No. 18088. AN ORDINANCE to amend and reordain Section ~45, "Police Department," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT #45 Vehicular Equipment- Replacement (1) ................................... $ 20,860,00 Other Equipment - New (2) ......................... 3,280.00 (1) Net decrease--- $3,000.00 (2) Net increase .... 3,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATT EST: APPROVED 9 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1968. No. 18089. A RESOLUTION inviting early resumption of certain discussions between the governing bodies of Roanoke County and of the City of Roanoke. WHEREAS, upon petitions of citizens and upon the governing bodies' own initiative, certain preliminary meetings have been held between representatives of the governing bodies of Roanoke County and of the City of Roanoke for the'purpos of exploring the possibility of effecting an agreement respecting a consolidation of all of the governmental units located within the geographical boundaries of Roanoke County, the Board of Supervisors of said County and the Council of said City having each appointed its own advisory committee to assist their respective governing bodies in the performance of their undertakings; and WHEREAS, said governing bodies' advisory committees on December 18, 1967, made joint report to said Board of Supervisors and City Council, transmitting with said report a draft of an agreement prepared by said committees, which draft this Council verily believes might be employed by said governin§ bodies in a continuance of discussions between said bodies, despite changes which have occurred in the governmental status of certain former county units involved in earlier discussions; and WHEREAS, this body, believing that a large majority of the citizens of each said governmental unit are desirous of some form of total consolidation of the governments of the City and of the County and are looking to their respective governing bodies to earnestly and fairly develop and present a plan by which said local governments may be consolidated into a single unit of 9overnment and public responsibility; and WHEREAS, this body further believes that much valuable time might be saved or gained and much unnecessary expense and litigation might be avoided, for the citizens of both said communites, were the members of the Board of Supervisors of Roanoke County and of the Council of the City of Roanoke to arrange an early resumption of meetings between said bodies and undertake in earnestness and good spirit to fully explore and to resolve the questions attendant upon a consolidation of both said local governments. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby cordially invite the Chairman and Members of the Board of Supervisors of Roanoke County to meet with the Mayor and the Members of said City Council at an early and convenient date and place, to be agreed upon between said Chairman and Mayor, for the purpose of resuming discussions of proposals heretofore made to each said governing body of a consolidation of the governments of said County and City. BE IT FURTHER RESOLVED that the City Clerk do deliver attested copies of this resolution to the City Sergeant, one of which said Sergeant shall deliver to the Chairman and to each member of the Board of Supervisors of Roanoke County, making report of such deliveries back to the City Council. APPROVED ATTEST: ,/ City Clerk Mayor .IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1968. No. 18086. AN ORDINANCE authorizing the City's conveyance to Fred P. Bullington and Aylett B. Coleman, or their assigns, of a non-exclusive, perpetual easement for the use of a certain strip of land on the northwest side of Edgewood Street, S. W., upon certain terms and conditions. WHEREAS, Fred P. Bullington and Aylett B. Coleman have offered to pay to the City the sum of Fifty Dollars ($50.00), cash, in consideration of the City's conveyance of a nofl-exclusive, perpetual easement over certain City-owned property hereinafter described; and a committee of the Council to whom such proposal was referred has recommended that such conveyance be authorized by the Council but the City to reserve certain rights with respec% to said land, all of which are herei, n- after mentioned; and WHEREAS, the Council, considering the matter, is of opinion to concur in the report of its said committee and to authorize a conveyance of said easement as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of Fred P. Bullington and Aylett B. Coleman to acquire from the City a non- exclusive, perpetual easement, to be used for purposes of a private access~ay lead- ing from Edgewood Street, S. W., northwesterly across Mud Lick Creek to certain otb property owned or to be acquired by said persons, and said easement area being described as follows, namely: BEING an easement over a certain 60-foot long strip of land owned by the City abutting the northwest line of Edgewood Street, S. W., and extending northwesterly into or across Mud Lick Creek, the centerline of which said easement area will intersect the center- line of Mud Lick Creek at a point S. 46o 14' W. 100 feet, more or less, from the northernmost corner of Parcel No. 1 as shown on Plan No. 4171 prepared in the Office of the City Engineer, a copy of which is of record in the Clerk's Office of the Hustings Court of the City of Roanoke, in Deed Book 981, page 214; for a consideration of Fifty Oollars ($50.00), cash, to be paid to the City upon delivery of the City's deed of easement made and executed pursuant to the provision of this ordinance, be ACCEPTED. ll BE IT FURTHER ORDAINED that, upon tender of payment to the City of the aforesaid consideration, the Mayor and the City Clerk shall be, and each is hereby authorized and directed to execute and to seal and attest, respectively, the City's deed of easement respecting the aforesaid property, the same to be made to Fred P. Bullington and Aylett B. Coleman, their heirs and assigns, and to contain a reserva- tion to the City of the City's full right and privilege, notwithstandin9 the grant of said easement, to at any time use said easement area, or any portion thereof, for any public purpose of the City, including, among other things, public drains, cul- verts, water lines, sewer lines, or for the purpose of any public utility, said deed otherwise, to be upon such form as is prepared and approved by the City Attorney. APPROVED ATTE ST: / City/Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1968. No. 18090. A RESOLUTION to impose a local city use tax in the City of Roanoke, Virginia, pursuant to §58-441.49:1 of the Code of Virginia (Chapter 191, Acts of Assembly, 1968), at the rate of one per cent to provide revenue for the general fund of the city; and fixing the effective date of the use tax imposed in this resolution; and providing for an emergency. WHEREAS, the City of Roanoke has heretofore imposed the local sales tax authorized by §58-441.49 of the Code of Virginia; and WHEREAS, §58-441.49:1 of the Code of Virginia (Chapter 191, Acts of Assembly, 1968), provides that a city which has previously imposed the local sales tax authorized by ~58-441.49 of the Code of Virginia may impose a local use tax by the adoption of a resolution by the council of the City by a majority of all the members thereof, by a recorded yea and nay vote, stating its purpose and referrin9 to ~58-441.49:1 of the Code of Virginia; and WHEREAS, the said §58-441.49:1 further provides that the local use tax shall become effective on the first day of a month at least 60 days after the adoption of the resolution, but not earlier than July 1, 1968; and WHEREAS, the said §58-441.49:1 also provides that the resolution authoriz thereby may be adopted in the manner stated notwithstanding any other provision of law, including any charter provision. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follow 1. That, pursuant to §58-441.49:1 of the Code of Virginia (Chapter 191, Acts of Assembly, 1968), there is hereby imposed in the City of Roanoke a local cit use tax at the rate of one per cent to provide revenue for the general fund of the city. The said city use tax shall be added to the rate of the State use tax impose by Chapter 8.1, Title 58, of the Code of Virginia, and shall be subject to all the provisions of that chapter, and all amendments thereof, and the rules and regulation :published with respect thereto. Therefore, the purpose of this resolution is to impose the local use tax authorized by §58-441.49:1 of the Code of Virginia. 2. That the effective date of the use tax imposed by this resolution shall be the first day of July, 1968, and the same shall be in force on and after that date; 3. That the Clerk of the Council of the City of Roanoke shall forthwith, upon the passage of this resolution, forward to the State Tax Commissionwof the Commonwealth of Virginia a certified copy of this resolution so that it will be received within five days after its adoption; and 4. That, for the usual daily operation of the municipal government of the City of Roanoke and in order that the tax imposed herein be effective, under the statutes, on and after July 1, 1968, an emergency is hereby set forth and declared to exist and this resolution shall be effective upon its passage. APPROVED ATTEST: / City Clerk Mayor The foregoing resolution was adopted at a meeting of the Council of the City of Roanoke, Virginia, on April 8, 1968, by a majority of all the members thereof, by a recorded yea and nay vote, as follows: Yeas 7 Nays 0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1968. No. 18091. AN ORDINANCE to amend and reordain Section ~89, "Capital," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~89, "Capital," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL ~89 Winsloe Drive Improvement (1) .......................... $ 12,404.26 (1) Net increase ........ $25.00 13 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall b in effect from its passage. ATT E ST: /CityClerk' "~ APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1968. No. 18092. AN ORDINANCE to amend and reordain Section ~51, "Life Saving Crews," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =51, "Life Saving Crews," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: LIFE SAVING CREWS ~51 Insurance (1) ............................................. $ 535.00 Dues, Memberships and Subscriptions (2) ................... 48.00 Maintenance of Machinery and Equipment (3) ................ 99.00 Motor Fuel and Lubricants (4) ............................. 560.00 (1) Net decrease (2) Net increase (3) Net decrease (4) Net increase $ 65.00 6.00 101~00 160.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall b in effect from its passage. ATT E ST: i ty Cie rk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1968. No. 18093. AN ORDINANCE to amend and reordain Section ~57, "Traffic Engineering and Communications," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~57, "Traffic Engineering and Communications," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: TRAFFIC ENGINEERING AND COMMUNICATIONS g57 Maintenance of Machinery and Equipment (1) ............. $ 4,810.00 Printing and Office Supplies (2) ....................... 700.00 (1) Net decrease-- (2) Net increase-- $100.00 100.00 BE IT FURTHER ORDAINED,that, an emergency existing this Ordinance Shall be in effect from its passage. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF, ROANOKE, VIRGINIA, The 8th day o'f April', 1968. No. 18094. AN ORDINANCE directing and providing for the acquisition of certain par- cels of land in fee simple and of certain easements in land wanted and needed by the City for the widening and improvement of a portion of Franklin Road, S. W., (U. S. Route 220), under Project 0220-128-102, RW-201; fixing the consideration offe to be paid by the City for each said parcel of land and/or easement and other terms and provisions of such acquisition; providing for negotiations for certain options; providing for the City's acquisition of certain of said land and easements by con- demnation, under certain circumstances; authorizing the City Attorney to move for award of right-of-entry on any of said properties required to be condemned, for the purpose of commencing its work of improvement; and providing for an emergency. WHEREAS, in order to provide for the widening and improvement of a porti of Franklin Road, S. W., U. S. Route 220, in accordance with certain plans therefor heretofore approved as Project 0220-128-102, RW-201, the parcels of land hereinafte described, each of which is set out and shown in detail on the plans of the afore- said project, are among those wanted and needed by the City for the purposes afore- said, certain of said properties being needed to be acquired in fee simple and the City needing to acquire, in addition, certain easements necessary and sufficient fo: certain drains and for the proper construction of said new street improvemenl~; and WHEREAS, the City has caused appraisals to be made of the fair market value of each of the hereinafter described properties and of said easements necessary for the proper construction of said improvements, on the basis of which the valuations hereinafter set out with respect to each said property have been determined by the Council to be fair and reasonable; and funds sufficient for the payment of the purchase prices hereinafter authorized to be paid have been hereto- 15 WHEREAS, by virtue of certain agreements entered into between the City and the Commonwealth of Virginia, Department of Highways; it is desired and intended by said parties that immediate construction of the aforesaid street improvements be commenced, prior to which it is necessary that the City have acquire a right of entry on each of the hereinafter described properties for the purpose of constructing said public improvements; and WHEREAS, the Council is advised that the owners of the land described as Parcel Nos. 009, 010, 013 and 057 have heretofore, in each instance, offered and agreed in writing to grant to the City the necessary easement in each respective parcel of land in consideration of the City's payment to the respective owners of e said parcel of the cash sum hereinafter set out opposite each of the abovenumbered parcels; the Council being advised, however, that no negotiations have yet been conducted between the City and the owner of Parcel 034, hereinafter described; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the said City doth hereby ACCEPT the several offers of the respective owners of the land hereinafter set out as Parcel Nos. 009, 010, 013 and 057 as said parcels are shown o the plans of the City's Franklin Road, S. W., ,(U. S. Route 220), Project 0220-128-10 RW-201, to grant to the City by proper deed of easement the following described temporary or perpetual easements, as the case may be, for temporary construction purposes or for perpetual storm drain purposes, for the respective cash sum set out opposite each said parcel, namely: Parcel 009, being a temporary right and easement to the City to use a certain 44 sq. ft. area of land as the same is shown on the plans of the afore- said Route 220 Project, for cut and/or fill slopes required for the proper construction and maintenance of said highway project, said tem- porary easement to terminate when the owner or owners of the residue lands grade the property adjacent to said easement area so that there no longer exist cut and/or fill slopes, thus elimi- nating the necessity for maintenance of said slopes, said temporary easement to be acquired from Lois L. Offinger, widow, owner of said land, in considera- tion of the City's payment of the sum of .................. $25.00 in full payment and satisfaction for said ease- ment and damages. Parcel 010, being a temporary right and easement to the City to use a certain 375 sq. ft. area of land as the same is shown on the plans of the aforesaid Route 220 Project, for cut and/or fill slopes required for the proper construction and maintenance of said high- way project, said temporary easement to terminate when the owner or owners of the residue lands grade the property adjacent to said easement area so that there no longer exist cut and/or fill slopes, thus eliminating th~ necessiti for maintenan6e of said slopes, said temporary easement to be acc~ired from Cassie B. Lemon, widow, owner of said land, and others, inconsideration of the City's payment of the sum of ....................... $50.00 in full payment and satisfaction for said easement and damages. .h Parcel 013, being a temporary right and easement to the City to use a certain 117 sq. ft. area of land as the same is shown on the plans of the aforesaid Route 220 Project, for cut and/or fill slopes required for the proper construction and maintenance of said highway project, said temporary easement to terminate when the owner or owners of the residue lands grade the property adjacent to said easement area so that there no longer exist cut and/or fill slopes, thus eliminating the necessity for maintenance of said slopes, said tem- porary easement to be acquired from Lewis O. Brown and Mary Patsel Brown, husband and wife, owners of said land, in consideration of the City's payment of the sum of .......... $1.0 in full payment and satisfaction for said easement and d am ages. parcel 057, being a perpetual easement and the full right and privi- lege of going upon a certain 300 sq. ft. area of land shown as Parcel 057 on the aforesaid Route 220 project plans and of constructing, maintaining and operating, perpetually, a portion of a certain storm drain extend- ing from Franklin Road, S. W. to Ore Branch, as the same is shown on said plans, said easement to be acquired from S. D. Roberts Moore and Ann M. Moore, husband and wife, owners of said land, in consideration of the City's payment to said owners of the sum of .................................. $1.0 cash, in full payment and satisfaction of the aforesaid ease- ment and damages; and that, upon delivery to the City of good and sufficient deeds of easement granting to the City the rights aforesaid, approved as to form by the City Attorney, the City Auditor be, and he is hereby authorized to draw and transmit to the City Attorney fo delivery to the aforesaid owners, respectively, the City's checks in payment of the cash considerations herein above set out opposite each aforesaid parcel. BE IT FURTHER ORDAINED by the Council of the City of Roanoke as follows: 1. That the City, wanting and needing the land and easement next herein~ after described for the purpose of its aforesaid street project, the proper City officials be, and they are hereby authorized to acquire for said City from the owner or owners of the parcel of land next hereinafter described and for the price set out opposite said parcel, the fee simple title and the easement necessary for the proper construction of said street, namely: Parcel 034, being a certain 4500 sq. ft. area of land to be acquired in fee simple and a temporary construction easement in an additional 2248 sq. ft. area of land for co~ struc- tion of necessary cut and/or fill slopes required for the proper construction of said street project but said tem- porary construction easement to terminate when the City's need therefor no longer exists, the area to be acquired in fee simple and said easement area being shown as Parcel 034 on the plans of the aforesaid highway project and being a part of the land shown on the City's Tax Apprai- sal Map as Official Tax Nos. 1280601 and 1280602, from R. R. Quick, owner, for the cash consideration of ........... $7,265 in full payment for the aforesaid land and easement and residual damages. 2. That the City Manager be, and he is hereby directed, immediately, to cause to be offered on behalf 'of the City to th.e owner or owners of aforesaid Parcel 034 the consideration hereina[~ove set out and. provided to be paid for said parcel, for said owner's conveyance to the City of the rights or title needed by the City in said parcel of land and to negotiate to obtain for the City a purchase option to acquire the abovedescribed parcel for the purchase price herein above authorized to paid for the same, and, upon acceptance of such offer and upon delivery to the City of a good and sufficient deed of conveyance and easement, approved as to form and 17 sufficiency by the City Attorney, the City Auditor be, and he is hereby directed to make payment to said owner of the consideration herein above set out with respect to said land, such payment to be made to such persons as are certified by the City Attorney to be entitled to the same; 3. That, should the City be unable to agree with the owner of the parcel of land next herein above set out for the City's purchase of said land and easement, or to obtain option to purchase the same as herein provided, the City Attorney is hereby authorized and directed to institute in a court of competent jurisdiction in the City condemnation proceedings to acquire for the City the fee simple title and easement in such land as is herein above set out and described and as the City is unable ~ acquire by purchase; and 4. That, in instituting or conducting any condemnation proceeding herein authorized to be brought on behalf of the City, the City Attorney is hereby authoriz 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 a right of entry upon the land for the purpose of commencin9 its public w(mks or improvements on said street; and the City Auditor, upon request of said City Attorne~ shall be, and is hereby authorized and directed to draw and make payment into the court wherein said condemnation proceedings may be pendin9 the sum hereinabove authorized to be paid by the City for the land and easement sought to be so acquired in such condemnation proceeding. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTE ST: /City Cie rk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1968. No. 18095. AN ORDINANCE accepting the proposal of Aaron J. Conner, General Contractor, Inc., for constructin9 a storm drain to serve the Idlewild Park area of the City; authorizing the proper City officials to execute the requisite contract; rejecting another bid made for said work; and providin9 for an emergency. WHEREAS, upon due and proper advertisement therefor, two bids were received by the City for the improvements hereinafter authorized and, upon opening before the Council, at its regular meeting held on March 18, 1968, were read and referred to a committee for tabulation, as a result of which the proposal hereinafter accepted was determined to represent the lowest and best bid made to the City for such work the Council considering that the whole of the project as planned and advertised should be %8 WHEREAS, there has heretofore been or is being appropriated for the purpos a sum sufficient for the payment of the contract price hereinafter mentioned and of the cost of advertising for said bids; and WHEREAS, for the usual daily operation of the municipal government, an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the proposal of Aaron J. Conner, General Contractor, Inc., for the construction of a certain storm drain to serve the vicinity of Idlewild Park, to extend from King Street, N. E., to Glade Creek, near Vinton Mill Road, in full accordance with Alternate "A" of the City's plans and specifications made therefor,, for the sum of $26,359.68, based on unit prices as set out in said proposal, which proposal is on file in the office of the City Clerk, be, and said proposal is hereby ACCEPTED; the cost whereof shall be paid out of funds which have heretofore been or are being appropriated by the Council for said improvement; 2. That the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute the requisite contract with the successful bidder, the terms of which shall be approved by the City Manager and the form of which shall be approved by the City Attorney; and 3. That the proposal cf. the other bidder to the City for the per£ormance of said work be, and it is hereby REJECTED; the City Clerk to so notify said other bidder and to express to him the City's appreciation for said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: . % / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1968. No. 18096. AN ORDINANCE to amend and reordain Section ~89, "Capital," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =89, "Capital," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL =89 CIP 38 King Street Drain (1) ............................. $26,359.68 BE IT FURTHER ORDAINED that, an emergency existing,this Ordinance shall in effect from its passage. APPROVED ATTEST: /Cty i Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1968. No. 18097. A RESOLUTION approving and committing the City's assistance in the con- struction by the Virginia Department of Highways of a new access road from the Walnut Avenue area around the north and east slopes of Mill Mountain to connect wit] the Blue Ridge Parkway Spur Road to Mill Mountain. WHEREAS, the City heretofore, by Resolution No. 17387, of its City Council, requested the initiation of a project by the Virginia Department of Highwal to provide a new access road around the north and east slopes of Mill Mountain to connect the City's street system to the new Blue Ridge Parkway Spur Road to Mill Mountain, subsequent to which request the City was advised that said Department of Highw$-s had allocated to the costs of said project State funds in the amount of $200,000.00; and WHEREAS, it appearing that the estimated cost of the entire project will amount to the sum of $325,000.00, further conferences have been held with officials of the State Highway Commission, as a result of which it has been determined that th Commonwealth may, in addition, under the law, participate to the extent of 50% of th excess of said total cost over the sum of $200,000.00, aforesaid, up to a total of $300,000.00 of State funds, under which said arrangement the City's share of a $325,000.00 project would amount to the sum of $62,500.00; and WHEREAS, a committee of the Council studying the matter has reco[]mended that the City promptly approve and accept the aforesaid proposal and request the Department of Highways to promptly initiate a project for construction of the new access road and, in so doing, agree that the City will provide its 50% share of the total costs in excess of the sum of $200,000.00 required to construct said new acees road; and the Council considering ali of the aforesaid, concurs in said proposal and recommendations of its committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth hereby approve and concur in the proposal that a new access road be constructed by the Virginia State Highway Department to provide access from the Walnut Avenue area of the City along the north and east slopes of Mill Mountain to connect with the new Blue Ridge Parkway Spur Road to Mill Mountain, the total estimated costs of such project being $325,00).00, of which said sum $200,000.00 in State funds will be provided, the Commonwealth to participate with the City on a 50% basis in the payment of all costs of said project in excess of $200,000.00, up to a total of $300,000.00 of State funds. BE IT FURTHER RESOLVED that the City of Roanoke doth 'hereby agree that sa City will provide from funds available to said City an amount equal to 50% of the cost of said project exceeding the first $200,000.00 of such total costs, said City share being estimated to amount to a sum not exceeding $62,500.00. BE IT FURTHER RESOLVED that the City's request that the aforesaid public project be initiated and scheduled for early construction be, and said request is hereby renewed and reaffirmed; and that the City Manager in advising participating agencies of the City's aforesaid request and agreement~' transmit through appropriat channels to the State Highway Commission and to the' C0mmiS'sion of Outdoor Recreatio attested copies of this resolution. ATTEST: fCity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROA.~!OKE, VIRGINIA, The 8th day of April, 1968. No. 18098. AN ORDINANCE to amend and reordain Section ~89, "Capital," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily op~'ation of the 'Municipal Government of the City of Roanoke, an emergency is declared' to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~89, "Capital," of the 1967-68 Appropriation Ordinance' be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL Mill Mountain Development (1) ........................... $202,500.00 (1) Net increase $62,500.00 BE IT FURTHER ORDAINED that an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: ~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1968. No. 18099. A RESOLUTION authorizin9 the City Manager to approve a metered water connection to certain premises located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, Ingersoll-Rand Company, the owner and developer of the property hereinafter described located outside the corporate limits of the City, adjacent to a 12-inch water main of the City bein9 authorized to be extended from a point in Whiteside Street, N. E., northerly to the junction of Plantation Road and Virgini Secondary Route 115 and, thence, in Virginia Route 115 to a point where, crossing through a certain easement area and under the right-of-way of the Norfolk and Western Railway Company to a point where a connection may be made, has made applica- tion to the City to have its said premises connected to the City's water system; and WHEREAS, the City Manager has investigated the application and, in view of the provisions of Resolution No. 16855 of the Council, has referred said applica- tion to the Council for consideration, recommending that said water connection be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, aha he is hereby authorized to approve, through the City's Water Department, and at such time as a new 12-inch water main shall have been constructed so as to serve the property of Ingersoll-Rand Company and other properties along said water main, a metered connection to the City's 12-inch public water distributio main to be constructed in Whiteside Street, N. E., in Virginia Secondary Route 115 and, thence, through an easement area and under the right-of-way of the Norfolk and Western Railway Company to said owner's property, of the improvements to be constructed on Ingersoll-Rand Company's new industrial site outside the corporate limits of the City, such connection to be made in full compliance with the provision established for such connections in Rule 38 of the Rules and Regulations for the operation of the City's Water Department, and said water services to be hereafter supplied by the City in accordance with its general rules and regulations and at such rates and charges as are generally provided in such instances. BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by Council in its Resolution No. 16855. APPROVED ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of April, 1968. No. 18100. AN ORDINANCE providing for a certain extension of the City's water distribution system northerly from a point in Whiteside Street, N. E.; authorizing the acceptance of a deed of easement for the construction, operation and maintenance of a portion of said water main extension across private property; providing for acquisition of a license to construct another portion of said water main under a railroad right-of-way; and providing for an emergency. WHEREAS, the City Manager has advised the Council that Ingersoll-Rand Company, owner of a tract of land outside the northeasterly corporate limits of the City, adjacent to Virginia Secondary Route 115, proposes to construct certain industrial facilities on said land and has requested that it be permitted to connect to the City's public water distribution sytem for a supply of water to its 'new facilities; and WHEREAS, it has been further recommended that the City authorize construction of an extension of its existing water main system from a point in Whiteside Street, N. E., northerly to Plantation Road, thence along State Route 115 to a point opposite the aforesaid industrial plant site and, thence, crossing a certain lot owned by Mrs. ~arrie L. Brugh, and underneath the Norfolk and Western Railway Company's right-of-way to a point on the property of 'lngersoll-Rana Company, said extension to consist of a 12-inch water main approximately 12,.000 feet in length; and WHEREAS, said City Manager has further reported to the Council the City's receipt of an option from Mrs. Brugh, offering to convey to the City the aforesaid easement upon the terms hereinafter provided; and has, further, requested that he be authorized to apply for and accept from Norfolk and Western Railway Company said Company's standard form license agreement authorizing and permitting the City's construction, maintenance, operation and use of said 12-inch water main under and across said Company's railroad right-of-way; and WHEREAS, upon consideration of all of the aforesaid proposal, the Council is of opinion to concur with the City Manager's recommendations, aforesaid; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the Council doth hereby approve the City's construction of an extension to its existing public water distribution system from a point in said system in Whiteside Street, N. E., near the intersection of Frontier Road, by the 23 installation of a 12-inch water main to extend northerly from said point in Whiteside Street to the intersection of Plantation Road and ¥irginia Secondary Route 115 outside the corporate limits and, thence, in said Route 115 to a point in said road abuttin9 the property of Mrs. Carrie L. Brugh and, thence, in a 10-foot wide right-of-way across the property of Mrs. Brugh for a distance of approximately 167 feet, with provision for an additional temporary construction easement over an area 15 feet outside said right-of-way, and thence, under and across the right-of-way of the Norfolk and Western Railway Company to a point on the property of Ingersoll-Rand Company, said 12-inch water main to be located generally as shown on Plant No. 67-33 prepared by the City of Roanoke's Water Department, dated November 13, 1967, a copy of which said plan is on file in the Office of the City Clerk; and the City Manager is hereby authorized and directed to cause proper notice for bids to be advertised providin9 for the aforesaid construction in accordance with the City's plans and specifications prepared for said construction, said bids to be returnable before the Council for opening at the earliest practicable date. 2. That the offer of Mrs. Carrie L. Brugh to the City contained in a certain purchase option agreement bearing date the llth day of March, 1968, to grant and convey to the City for a consideration of $187.00, cash, a perpetual easement and the full right and privilege of constructing, operating and maintaining a portion of the aforesaid 12-inch water main across th~ property of said owner within a right-of-way 10 feet in width, together with a temporary construction easement in an additional 15-foot wide area of said owner's property adjacent to said perpetual right-of-way, be and said offer and purchase option is hereby ACCEPTED; and the City Attorney is authorized and directed to forthwith prepare the necessary deed of easement granting to the City the aforesaid rights and privileges and, upon execution, acknowledgment and delivery thereof back to the City, the City Auditor is authorized and directed to issue and deliver to said City Attorney for transmittal to said owner the City's check in the sum of $197.00 in payment of the agreed purchase price for said easements, the deed therefor to be recorded by the City Attorney in the local Clerk's Office of the Circuit Court of Roanoke County; and 3. That the City Manager be, and he is hereby authorized and directed, on behalf of the City, to make or cause to be made to the Norfolk and Western Railway Company application for the City's right to construct, lay, maintain, operate and use a portion of the aforesaid 12-inch water main through, under and across the right-of-way of said Railway Company as is shown generally on Plan No. 67-33, aforesaid, and, in so doing, to accept from said Railway Company its standard form of pipeline license agreement and, on behalf of the City, to enter into covenant and agreement to protect, indemnify and save harmless said Railway Company from and against all claims, suits, damages, losses and expenses in any manner arising or resulting out of the City's construction, maintenance, renewal, repair, use existence or removal of said pipeline. BE IT FURTHER ORDAINED that the funds required for payment of the cost of the water main extension hereinabove provided for, and for the cost of acquiring the easements and the license for extending said water main across the private properties set out in this ordinance be paid from sums heretofore appropriated for Capital Improvements to the City's Water Department. BE IT FURTHER ORDAINED that, an emergency existing, the provisions of this ordinance shall be in force and effect upon its passage. APPROVED ATT EST: / City Clerk ' Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 1968. No. 18101. AN ORDINANCE providin9 for the City's acquisition of Lot 3, Block 35, accordin9 to the Map of the East Gate Addition to the City of Roanoke, upon certain terms and conditions. WHEREAS, Maude H. Fife, bein9 the owner of the unimproved lot of land in the City of Roanoke, hereinafter described, under the will of one Clarence B. Huff, deceased, not of record in the local Clerk's Office, has offered to 9ive, donate, quitclaim and convey said lot to the City, without warranty, provided the City Attorney prepare the necessary deed of quitclaim and see to its recordation, along with the recordation of a certified copy of the will of said decedent and copies of certain probate orders entered in the County Court of Ector, State of Texas; and WHEREAS, the aforesaid lot, being currently appraised at a fair market value of $400.00, is currently assessed at a value of $160.00 on the City's 1968 real estate tax book; and WHEREAS, the Council having considered the aforesaid proposal is agreeable to accepting the offer made to the City by Mrs. Maude H. Fife. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Attorney be, and he is hereby authorized and directed to prepare for proper execution, acknowledgment and delivery to the City, a proper deed by the terms of which Maude H. Fife together with her husband would give, donate, quitclaim and convey to the City of Roanoke all said parties' right, title and interest in and to a certain lot known and described as Lot 3, Block 35, according to the Map of the East Gate Addition to the City of Roanoke, said deed to be made and executed with- out warranty on behalf of the aforesaid grantors, and to be made upon nominal 25 consideration of One Dollar ($1.00), cash, and to have accompanying it for recorda- tion in the Clerk's Office of the Hustings Court of the City of Roanoke a certified copy of the will of Clarence B. Huff, deceased, heretofore probated in Ector County, Texas, and such other papers as may be necessary to show good title to said lot in the City's aforesaid grantors. ATTEST: ,/City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 1968. No. 18103. AN ORDINANCE to amend and reordain Section ~89, "Capital," of the 1967-68 Appropriation Ordinance, and providin9 for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =89, "Capital," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL ~t89 CIP 38 King Street Drain (1) ......................... $26,413.43 (1) Net increase- $53.75 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 April, 1968. No. 18104. AN ORDINANCE to amend and reordain Section ~14, "Personnel," of the 1967-6~ Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 26 THEREFORE, BE IT ORDAINED by the Counc.il of the City of Roanoke that Section gl4, "Personnel," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PERSONNEL #14 Advertising (1) ................................ $ 600.00 Printing and Office Supplies (2) ............... 1,425.00 (1) Net increase $200.00 (2) Net decrease 200.00 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 15th day of April, 1968. No. 18105. AN ORDINANCE to amend and reordain Section ~47, "Fire," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FIRE =47 Maintenance of Machinery and Equipment (1) .................................. $13,OO0.00 Clothing and Personal Supplies (2) ............. 18,700.00 (1) Net increase-- (2) Net decrease--- $1,500.O0 -$1,5oo.oo BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: " I City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 1968. No. 18106. AN ORDINANCE to amend and reordain Section ~'63, "Municipal Building," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the .City of Roanoke that Sec- tion ~63, "Municipal Building," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL BUILDING ~63 Personal Services (1) (2) ........................... $ 37,816.00 (1) Custodian III, Grade 12, Step 6 @ $390 per month * ..... $d,250.00 (2) Net increase--- 138.00 BE IT FURTHER ORDAINED that, a'n emergency existing, this Ordinance shall be in effect from its passage. ATTEST: _ ~./' ~ii ~:.~.~.~.j' / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 1968. No. 18107. AN ORDINANCE accepting the proposal of S. R. Draper Paving Company, Inc., for the repair of certain areas of Runway 5/23 at the Roanoke Municipal Airport; authorizing the proper City officials to execute the requisite contract; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, at the meeting of Council held on April 8, 1968, and after due and proper advertisement had been made therefor, four bids for furnishing all tools, machines, labor and materials for the repair of certain areas of Runway 5/23 at the Roanoke Municipal Airport were opened and read before the Council Whereupon all said bids were referred to a committee appointed by the Council to tabulate and study the same and to make report and recommendation thereon to the Council;' and WHEREAS, said committee has reported to the Council in writing its tabula- tion 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 pro- posal of S. R. Draper Paving Company, Inc., represents the lowest and best bid made to the City for the performance of said work, and should be accepted; and that said other bids should be rejected; and 28 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 pass age. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows (1) That the proposal of S. R. Draper Paving Company, Inc., for the repair of certain areas of Runway 5/23 at the Roanoke Municipal Airport, as des- cribed in the City's plans and specifications, for an estimated sum of $0,845.30, based on unit prices and estimated quantities, but subject to addition or deletion, be and said proposal is hereby ACCEPTED, the costs to be incurred by the City, however, not to exceed the total sum of $6,845.30; (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 S. R. Draper Paving Company, Inc., the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for said work; said contracts to be upon such form as is approved by the City Attorney, and the cost of the work when completed, to be paid out of funds heretofore 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 1968. No. 18108. AN ORDINANCE accepting 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; rejecting certain other bids made to the City; and providing for an emergency. 2_9 WHEREAS, at the meeting of Council held on April 8, 1968, and after due and proper advertisement had been made therefor, three bids for furnishin9 all tools, machines, labor and materials for the paving of streets at various locations through- out the City in accordance with Virginia Department of Highways' specifications were opened and read before the Council whereupon all said bids were referred to a com- mittee appointed by the Council to tabulate and study the same and to make report and recommendation thereon to the Council; and WHEREAS, said committee has reported to the Council in writing its tabula- tion 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 Pavin9 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 a joint venture, of Virginia Asphalt Paving Company, Inc., and Adams Construction Company for the paving of streets at various locations throughout the City, in accordance with Virginia Department of Highways' specifications and as described in the City's plans and specifications, for an esti- mated sum of $235,640.00, based on unit prices and estimated quantities, but subject to addition or deletion, be and said proposal is' hereby ACCEPTED, costs to be incurred by the City, however, not to exceed the total sum of $235,640.00; (2) That the City Manager and the City Clerk be and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with the aforesaid Virginia Asphalt Paving Company, Inc., and Adams Construction Company, the same to incorporate the terms and conditions of this ordinance, said bidders' joint proposal and the City's plans and specifications made for said work; said contract to be upon such form as is approved by the City Attorney, and the cost of the work, when completed, to be paid out of funds 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 15th day of April, 1968. No. 18109. AN ORDINANCE to amend and reordain Section =75, "Recreation, Parks and Recreational Areas," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1967-68 Appropria- tion Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: RECREATION, PARKS AND RECREATIONAL AREAS ~75 Other Equipment-Replacement (1) ..................... $ 8,065.00 Building and Fixed Equipment- New (2) ............................................. 16,430.00 Other Equipment - New (3) ........................... 10,407.50 (1) Net increase ....... $ 350.00 (2) Net increase--- 6,430.00 (3) Net increase--- 2,250.00 BE IT FURTHER ORDAINED that, an emergency existin9, 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 April, 1968. No. 18110. A RESOLUTION relating to John P. Fishwick, Esquire. WHEREAS, John P. Fishwick, a member of the Council's Mill Mountain Development Committee since his appointment by the Council on September 7, 1965, has submitted to the Council through the Mayor his resignation from said committee, advising the Council of his departure from Roanoke to assume new duties as Chairman of the Erie-Lackawanna Railway Company, in Cleveland; and WHEREAS, the Council, recognizing the necessity for such act. ion takes this opportunity to express its satisfaction with the services rendered by said former committee member. 31 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth accept the resignation of John P. Fishwick, Esquire, from membership on the Council's Mill Mountain Development Committee and, in so doing, extends to Mr. Fishwick the Council's sincere appreciation for the public services rendered this community by him as a member of the committee since September 7, 1965, wishing for him the greatest success in the assumption of his new duties in other places and, hopefully, looking forward to his return to the Roanoke community at some future date BE IT FURTHER RESOLVED that the City Clerk do transmit to Mr. Fishwick, in Cleveland, an attested copy of this resolution. ATTEST: /Y 'i // '~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 1968. No. 18112. A RESOLUTION providing for the appointment of a Citizens' Advisory Com- mittee to advise and assist the City Council and other public agencies in certain public matters and to enable broad citizen participation in community improvement; fixing the terms of office of committee members; providing for the organization of said committee and for its meetings. WHEREAS, the Council is cognizant of the need in the community for broader citizen participation in community improvement and considers that an advisory com- mittee composed of citizens of the City fully representative of its geographical areas, economic groups, service organizations, minority groups, consumers, educational interests, religious interests, governmental agencies, social services, health ser- vices and interests, recreational groups, elderly citizens, public information agencies, and other elements, studying existing problems and with outlined objectives initiated by or referred to said committee would be of service to the people of the City and to the said City in keeping current and implementing said City's Workable Program. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a Citizens' Advisory Committee, to consist of 17 members always representative of the Roanoke community as hereinabove described be, and is hereby appointed by the Council to make studies and to advise and assist the City Council and other public agencies and residents of the City in bringing about broader citizen participation in com- munity improvement, the broad objectives of which shall be: (a) (b) In serving the people of the City as a means by which, through direct citizen participation, citizens may: (1) (2) (3) (4) (5) better inform themselves and others of community activities and needs, with specific instances being planning, codes and their enforcement, housing, public facilities, capital programs, etc; assist in formulating objec,tives and goals for community improvements and community under- standing:; inventory community resources, private and public, available and needed for accomplishments; study methods and procedure for advancing objec- tives and goals; and serve as a medium for more effective development and use of private resources; and In advising and assisting City Council and other public agencies in the implementation of the City's Workable Program and in the continuing review of said Program. BE IT FURTHER RESOLVED that the terms of the 17 members of said Citizens' Advisory Committee shall be two (2) years each, from the date of their appointment, and until such time as their successors have been duly appointed by the Council; that the following persons be, and are hereby appointed as initial members of said Committee for terms as herein above provided, namely: Mr. A. A. Akers Mr. E. L. Bayse Mrs. Henry F. Carmack Dr. J. B. Claytor, Jr. Mr. J. E. Dudley Mr. John W. Hancock Mr. Willie C. Harris Mr. L. Graham Haynie, Jr. Mr. Thomas L. Hutson Mr. Peyton R. Keller Mrs. Bonnie K. Lowe Mr. N. A. Melvin Mr. E. C. Moomaw Mr. G. Lewis Pitzer, Jr. Mr. James Robertson Mr. Henry M. Stanley and Rev. R. R. Wilkinson; that the members of said Committee shall elect their Chairman, Vice-Chairman and other officers, except that the City Manager shall designate a City employee to be a non-voting secretary of the Committee for the purpose of keeping minutes of all committee meetings; that subcommittees may be appointed by said Committee; that, until fully organized and operating for the purposes herein provided, said Committee shall meet no less than once each month; that the Committee be empowered to formulate its own program within the framework of this resolution and, in addition, make studies and recommendations on such matters as may be referred to said Committee by the City Council; and that said Committee make necessary and, at least, annual report to the Council of its undertakings and recommendations. BE IT FURTHER RESOLVED that the City Clerk do transmit to each member of the Committee, hereinabove named, an attested copy of this resolution; and that, for the purpo.se of calling and holding an organizational meeting or meetings of said Com- mit'tee, the above-named M. L. Graham Haynie, Jr., is designated Chairman Pro Tempore of said Committee. APPROVED : / City Clerk Mayor 33 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of April, 1960. No. 18102. AN ORDINANCE permanently vacating, discontinuing and closing the southern 150 feet of a 12-foot alley running north and south between Patterson Avenue and Rorer Avenue, S. W. (now closed), parallel to Twenty-third Street, S. W., and the western 200 feet of a 12-foot alley extending east from the above-stated alley parallel to Patterson Avenue, S. W., in the City of Roanoke, Virginia. WHEREAS, Club View Corporation and Roanoke Distributing Company, Inc., have heretofore filed their petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the southern 150 feet of a 12-foot alley running north and south between Patterson Avenue and Rorer Avenue, S. W. (now closed), parallel to Twenty-third Street, S. W., and the western 200 feet of a 12-foot alley extending east from the above-stated alley parallel to Patterson Avenue, S. W., both portions alleys being in Block 56, according to the Map of West End and River View, and more particularly hereinafter described, of the filing of which petition due notice was given to the public as required by law; and WHERE~, in accordance ~iti~ the ~r~'ers o£ said petition, viewers were appointed by the Council on the 12th day of February, 1968, to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said portions of alleys; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk on April 4, 1968, that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing portions of alleys; and WHEREAS, Council at its meeting on February 12, 1968, referred the peti- tion to the City Planning Commission, which Commission by its report filed with Council on March 18, 1968, recommended that the petition to vacate, discontinue and close the above-described portions of alleys be approved, subject to the retention by the City of any ut ility easements; and WHEREAS, a public hearing was held on the question before the Council at its regular meeting on April 15, 1968, after due and timely notice thereof was. published in The Roanoke World-News, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, from all of the foregoing, the Council considers that no incon- venience will result to any individual or to the public from permanantly vacating, discontinuing and closing the said portions of alleys, as applied for by the petitioners , subject to the retention by the City of any public utility easements, a that, accordingly, said portions of alleys should be permanently closed. ,f THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the southern 150 feet of a 12-foot alley running north and south between Patterson Avenue and Rorer Avenue, S. W. (now closed), parallel to Twenty-third Street, S. W. and the western 200 feet of a 12-foot alley extending east from the above-stated alley parallel to Patters~ Avenue, S. W., in the City of Roanoke, Virginia, more particularly described as follows: (1) BEGINNING at the point of intersection of the north line of Patterson Avenue, S. W., and the east line of a 12-foot alley running north and south between Rorer Avenue and Patter- son Avenue through Block 56, West End and River View Map; thence with the east line of said alley in a northerly direc- tion, passing the westerly terminus of another 12-foot alley running east and west through said block, in all 150 feet, more or less, to a point; thence with a line across said alley in a westerly direction 12 feet, more or less, to a point on the west line of said alley, such line across the alley being the southerly boundary line of that portion of the same alley that was closed by the Council of the City of Roanoke by Ordinance No. 11803, dated May 18, 1953; thence with the west line of said alley and in a southerly direction 150 feet to a point on the north line of Patterson Avenue, S. W.; thence with the north line of Patterson Avenue in an easterly direction 12 feet, more or less, to the place of BEGINNING; BEING the southerly 150 feet of the 12-foot alley running north and south through Block 56, West End and River View Map, from Rorer Avenue to Patterson Avenue; (2) BEGINNING at the northwest corner of Lot 16, Block 56, West End and River View Map; thence in an easterly direction with the south line of a 12-foot alley running east and west through said Block 56, 200 feet, more or less, to a point on said alley, being a common corner between Lots 12 and 13, Block 56; thence in a northerly direction ecross said alley 12 feet, more or less, to a point on the north line of said alley, being a common corner between Lots 4 and 5, Block 56; thence in a westerly direction with the north line of said alley 200 feet, more or less, to a point on the east line of the 12-foot alley described in paragraph (1) hereinabove, bein~ also the south- west corner of Lot 8; thence in a southerly direction with the east line of the hereinabove described alley 12 feet, more or less, to the place of BEGINNING; BEING the westerly 200 feet of the 12-foot-alley running west from Twenty-third (23rd) Street through Block 56, West End and River View Map; be, audrey hereby are, permanently vacated, discontinued and closed; and that all right, title and interest of the City of Roanoke and of the public in and to the same be, and they hereby are, released insofar as the Council of the City of Roanoke is empowered 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, directed to mark "permanently vacated" on said portions of alleys on all maps and plats on file in his office on which said alleys are shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherei this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the clerk of said court may make proper notation on a}l maps or plats recorded in his office upon which are shown said alleys, or said portions of alleys, as provided by law, and that, if so requested by any party in interest, he may record the same in tM 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. ATTE ST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of April, 1968. No. 1Blll. AN ORDINANCE granting revocable, non-transferable authority to Thomas M. Aheron, doing business as Mack Aheron Advertisino, to maintain a certain sion or premises located at 3411 Williamson Road, N. W., known as a part of Lot 5, Block 1 Map of Huntington Court Subdivision, Official No. 3170107, encroaching on a planne, major arterial highway right-of-way, upon certain terms and conditions. WHEREAS, Thomas M. Aheron, doing business as Mack Aheron Advertising, as aoent for MacEve, Incorporated, owner of ~ne property or premises hereinafter described, has requested that he be permitted to erect and maintain a certain sign on said property, which sign will encroach into the right-of-way heretofore planne¢ and approved for Williamson Road as a major arterial highway on the City's Major Arterial Highway Plan adopted February 15, 1965, by Resolution No. 16274, be permitted, and upon consideration of the request and pursuant to the authority vest in local governing bodies by Chapter 10, Title 15.1 of the 1950 Code of Vi~inia, as amended, ~his Council is agreeable to said agent's proposal and is willing to permit the encroachment over and in said area 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 Thomas M. Aheron, doing business as Mack Aheron Advertising, as agent for MacEve, Incorporated, owner of the premises located at 3411 Williamson Road, N. W., known as a part of Lot 5, Block 1, Map of Huntington Court Subdivision, Official No. 3170107 to temporarily maintain as an encroachment a certain sign within the area planned and approved as the right-of-way for a major arterial highway, namely, Williamson Road, located on said property, the westerly edge of said sign not to extend closer than 11.5 feet to the western edge of the MacEve, Incorporated, property line; all such construction to be maintained with approved and permitted building materials andtobe properly con- structed and safely maintained at the expense of said occupant, in accordance with such of the City's building regulations and requirements as are applicable thereto; 36 the maintenance of the aforesaid encroachment to be subject to the limitations con- rained in §15.1-376 of the 1950 Code of Virginia, abovementioned, and the perm. it herein granted to be non-transferable and revocable at the will of the City Council it to be agreed by said permittee as evidenced by his execution of an attested copy of this ordinance, that said permittee 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 or revocation of the within permit, mailed to said permittee or posted on the aforesaid premises, said permittee shall, within sixty (60) days from the date of mailing or posting of such notice, remove said encroach- ing sign at no cost whatever to the City; and that said permittee agrees that in th event of condemnation proceedings brought by the City ff Roanoke or oth~ public agency to obtain right-of-way necessary for constructing said Major Arterial High- way in accordance with the aforesaid Plan, the permittee waives any and all right he may have to claim reimbursement from the City or such other public agency for the cost of said sign, or its removal. 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 b the City's Building Commissione~to the aforesaid permittee or his duly authorized contractor c~ 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 the lawful owner of said property and shall have been admitted to record, at the expense of s~id permittee, in the deed books in the Clerk's Office of the Hustings Court of the Ci~ of Roanoke. APPROVED ATTEST: / City Clerk Mayor 196B: ACCEPTED AND EXECUTED by the undersigned this day of By (SEAL) Thomas M. Aheron, doing business as Mack Aheron Advertising, Agent for MacEve, Incorporated MacEve Incorporated ATTEST: STATE OF VIRGINIA CITY OF ROANOKE § To-wit: I, , a Notary Public in and for the City of Roanoke, in the State of Virginia, do hereby certify that THOMAS M. AHERON, whose name as such is signed to the foregoing ordinance bearing date the day of 1966, has personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 196B: My Commission expires: Notary Public STATE OF VIRGINIA (CITY) of ( COUNTY ) To-wit: I, , a Notary Public in and for the (City) (Count. of , in the State of Virginia, do hereby certify tha , and , and , respectfvely, of MacEve Incorporated,whose names as such are signed to the foregoing ordinance bearing date the day of 1968, have each personally appeared before me in my (City) (County) and State afore- said and acknowledged the same. GIVEN under my hand this day of , 1968: My Commission Expires: Notary Public IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of April, 1968. No. 18115. A RESOLUTION approving the Development Plan for the Community Hospital of Roanoke Valley. WHEREAS, the City of Roanoke, Virginia, by Resolution No. 18045, dated March 11, 1968, approved the Redevelopment Plan for the Downtown East Redevelopment Project, Project No. VA. R-42, and; WHEREAS, the Community Hospital of Roanoke Valley has been constructed on a site immediately South of and adjacent to the said Downtown East Redevelopment Project, and; WHEREAS, the City of Roanoke, Virginia, by Resolution No. 18045, dated March 11, 1968, made a determination that the undertaking of the said Downtown East Project will promote the public welfare and proper development of the community by providing through redevelopment a better neighborhood environment includin~ uses complementary to and compatible with the functions and needs of the Community WHEREAS, the said Downtown East Redevelopment Project qualifies as a Hospital Project, under the categories contained in Title I of the Housing Act of 1949 as amended; and WHEREAS, the Community Hospital of Roanoke Valley acquired land and demolished structures for the cost of which the City is to receive a non-cash local grant-in-aid credit under Section 112 of said Act in the amount of $538,661.00 and; WHEREAS, Federal regulations require that when a non-cash local grant-in- aid credit is claimed for expenditures in connection with land adjacent to a redevelopment project area, such land must be covered by a development plan, approved by the local governing body; and WHEREAS, a development Plan entitled "Community Hospital of the Roanoke Valley Development Plan", dated April 17, 1968, was prepared for the hospital by the Roanoke Department of City Planning, a copy of which Development Plan is on file in the office of the City Clerk; and WHEREAS, said Development Plan has been reviewed by the Hospital Adminis- trator, and; WHEREAS, both the Hospital Administrator and the President of the Hospital Corporation Board of Directors have expressed their concurrence in ~he Development Plan, and; WHEREAS, the Development Plan has been reviewed by the Department of City Planning and determined that said Plan conforms to the general plan for the development of the locality as a whole, and; WHEREAS, this council, having considered and reviewed said Development Plan, is of opinion to approve the same. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follow 1. That the Community Hospital of the Roanoke Valley Development Plan, dated April 17, 1968, prepared by the Roanoke City Planning Department, having been duly reviewed and considered, is hereby approved; and the City Clerk be and is hereby directed to file a copy of said Development Plan with the minutes of this meeting. 2. That it is hereby found and determined that said Development Plan for said Hospital conforms to the general plan of this locality. 3. That the City Clerk is hereby directed to furnish certified copies of this Resolution and of the aforesaid Development Plan to any governmental agencies desiring the same. ATTEST: / City Clerk APPROVED Mayor 39 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of April, 1968. No. 18116. A RESOLUTION assuring the United States and the Department of Housing and Urban Development that the City will comply with Title VI of the Civil Rights Act of 1964 relative to the Roanoke Civic Center facility. WHEREAS, the City of Roanoke recognizes that Title VI of the Civil Rights Act of 1964 and the regulations and policies of the Department of Housing and Urban Development effectuating the Title prohibits discrimination on the ground of race, color, or national origin in the policies and practices under which is operated any public facility responsible for proposed credits to the locality's share of the cost of a redevelopment project receiving financial assistance from the United States; an WHEREAS, the adoption of this Resolution by the Council of the City of Roanoke has been requested by the City of Roanoke Redevelopment and Housing Authorit THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City has at all time heretofore intended and does hereby formally assure the United States and the Secretary of the Department of Housing and Urban Development that the Roanoke Civic Center will be available to and serve all persons without regard to race, color, or national origin. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22'nd day of April, 1968. No. 18117. AN ORDINANCE to amend and reordain Section =45, "Police," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec- tion =45, "Police," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POL ICE ~45 Personal Services (1) (2) ....................... $945,408.00 (1) Clerk-Stenographer I, Grade 10, Step 1, @ $276 per month (2) Net increase- $690.00 690.00 4O BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: it Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of April, 1968. No. 18118. AN ORDINANCE accepting a bid and awarding a contract for the construction of a sanitary sewer system on Orange Avenue, N. E., extending from Tinker Creek to the east corporate limits of the City, upon certain terms and conditions; rejecting certain other bids made therefor; and providing for an emergency. WHEREAS, at the meeting of the Council held on April 15, 1968, and after due and proper public advertisement had been made therefor, four bids made to the City for constructing a sanitary sewer system on Orange avenue, N. E., extending from Tinker Creek to the east corporate limits of the City were opened and read before the Council, whereupon all said bids were referred to a committee to be tabulated and studied and to be reported back to the Council; and WHEREAS, said committee has reported to the Council, under date of April 22, 1968, its tabulation and report of said bids, from which it appears that the bid hereinafter accepted, made upon unit prices, 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 or are being appropriated by the Council suffi- cient to pay the cost of the contract hereinafter authorized to be entered into and, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows (1) That the bid of Branch g Associates, Inc., for furnishing all tools, labor, machinery and materials necessary to construct a sanitary sewer system on Orange Avenue, N. E., to extend from Tinker Creek to the east corporate limits of the City, in full accordance with the City's specifications made for said work, for the sum of $75,531.00, based upon unit prices, 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 of said bids; and (3) That the City Manager and the City Clerk be, and they are hereby authorized and directed to enter into a written contract on behalf of the City with il the aforesaid successful bidder for the construction of the sanitary sewer system mentioned and described above, said contract to have incorporated therein the City's requirements and specifications for the system so authorized to be constructed, the bidder's proposal made to the City, and the provisions of this ordinance; and upon satisfactory performance of said work accepted by the City as meeting all said specifications, the City Auditor shall be, and is hereby authorized to make payment to said contractor in accordance with the provisions of this ordinance and said con tract, charging said payment to appropriations heretofore or contemporaneously being 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, VIRGINIA, The 22nd day of April, 1968. No. 18119. AN ORDINANCE to amend and reordain Section =2, "Clerk," and Section ~'89, "Capital," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 g2, "Clerk," and Section g89, "Capital," of the 1967-68 Appropriation Ordinanc be, and the same are hereby, amended and reordained to read as follows, in part: CLERK =2 Advertisin9 (1) ..................................... $ 2,645.00 (1) Net increase ..... $245.00 CAPITAL =89 Route 460, 12th Street to East Corporate Limits (1) (2) ............................ $ 56,802.26 (1) Sanitary sewer-- (2) Net increase ...... $75,552.26 552.26 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of April, 1968. No. 18120. A RESOLUTION setting the date, time and place for a public hearing at which the abutting landowners may be heard on the question of the amounts proposed to be assessed against them and their properties in connection with the construction heretofore authorized, of sanitary sewer mains and laterals to serve the properties situate on both sides of Orange Avenue, N. E., between Tinker Creek and the City's present east corporate limits. WHEREAS, by its Ordinance No. 17880, adopted on December 11, 1967, the Council authorized and ordered the construction of sanitary sewer mains and lateral to serve the properties on both sides of .Orange Avenue, N. E., between Tinker Creek and the City's present east corporate limits, the total cost of said improvements to be ascertained by a committee therein named and the same to be apportioned and assessed equally between the City and abutting landowners who may be served by said sewer, as provided by law. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that in accordance with the terms of Ordinance No. 17880, and with the provisions of Articl 2, Chapter 7, Title 15.1 of the Code of Virginia, 1950, as amended, that certain committee consisting of Mayor Benton O. Dillard, and Councilmen John W. Boswell, James E. Jones, David K. Lisk, Frank N. Perkinson, Roy R. Pollard and Vincent S. Wheeler, will, on the 13th day of May, 1968, at 2:00 o'clock, p.m., in the Council Chamber of the Municipal Building, in the City of Roanoke hold a hearing at which the abutting landowners, and each of them, may be heard on the question of the amount or amounts of the several assessments against said abutting landowners and said properties and may show cause, if any they can, against such assessment or apportionment for the construction of public sanitary sewer lines and laterals to serve the properties abutting on both sides of Orange Avenue, N. E., (U. S. Route 460), between Tinker Creek and the City's present east corporate limits; and the City Clerk is hereby directed to cause notice of said hearing to be published in a newspaper having general circulation in said City, once a week for two successive weeks, the last publication to be made at least ten days before the parties are cited to appear, in accordance with law. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of April, 1968. No. 18122. A RESOLUTION proposin9 and requestino a study and report on the feasibilit of establishing and operating a regional juvenile and domestic relations court for the City of Roanoke and certain other local governmental subdivisions. WHEREAS, a committee of the Council appointed to study a report made by the Division of Juvenile Delinquency Service of the Children's Bureau, U. S. Depart- ment of Health, Education and Welfare, on a comprehensive survey of the administra- tion of justice to juveniles in the City of Roanoke made its report in writing to th, Council at its meeting held on April 15, 1968, recommending that a study and report be made on the feasibility of the establishment and operation of a regional juvenile and domestic relations court to serve the City of Roanoke, the City of Salem, md the County of Roanoke, or any combination of the same; and advised the Council of the willingness of the Bureau of Juvenile Probation and Detention, Department of Welfare and Institutions, of the Commonwealth of Viroinia, to make such study and report; and WHEREAS, the Council, considering such matters, concurs in the report of said committee to the extent of the aforesaid recommendations. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council of the City of Salem and the Board of Supervisors of Roanoke County be, and each body is hereby respectfully requested to join with the Council of the City of Roanoke in causing a study and report to be made on the feasibility of the esta- blishment and operation of a regional juvenile and domestic relations court to serve said cities and county, or any combination of said jurisdictions, as provided by ~16.1-143.1 of the 1950 Code of Viroinia, (Chapter 478, 1960 Acts of Assembly of Virginia). BE IT FURTHER RESOLVED that the Bureau of Juvenile Probation and Detention Department of Welfare and Institutions, of the Commonwealth of Virginia, be and is hereby requested by this Council to prepare and submit to said Council and to the governing bodies of said other jurisdictions a report in writing on the feasibility of the creation and operation of such juvenile court, to serve said three jurisdic- tions or any combination of the same. BE IT FINALLY RESOLVED that attested copies of this resolution be forth- with transmitted by the City Clerk addressed to the Mayor of the City of Salem, to the Chairman of the Board of Supervisors of Roanoke County, and to the Bureau of Juvenile Probation and Detention, Department of Welfare and Institutions, of the Commonwealth of Virginia. ATTEST: / /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of April, 1968. No. 18123. AN ORDINANCE to amend and reordain Section =75, "Recreation, Parks and Recreational Areas," of the 1967-6B Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 ~75, "Recreation, Parks and Recreational Areas," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: RECREATION, PARKS AND RECREATIONAL AREAS =75 Personal Services (1) (2) ............................. $306,564.00 (1) Playleaders $47,300.00 (2) Net increase-- 6,300.00 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 29th day of April, 1968. No. 18113. AN ORDINANCE permanently vacating, discontinuing and closing a portion of an alley in the City of Roanoke, Virginia, 10 feet in width and running parallel wi and between original Elm Avenue, S. E., and Mountain Avenue, S. E., beginning on the west side of Fourth Street, S. E., 345.2 feet north of the northwest corner of Fourth Street and Mountain Avenue, and running in a westerly direction a distance of ap- proximately 77 feet to the proposed eastern boundary line of a proposed access road to Interstate Highway 581. WHEREAS, an application has been made to the Council of the City of Roanoke on February 26, 1968, by M ~ N Properties, Incorporated, to close a portion of an alley after the applicant did on February 9, 1968, and more than ten days before presenting the application, post notice of its 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, S. W.; at the Roanoke City Markethouse at the Campbell Avenue entrance; and at 311 Second Street, S. E., all within the City 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, in accordance with the application for closing the portion of said alley and as provided by Section 15.1-364 of the Code of Virginia 1950, as amended, viewers were appointed by resolution of this Council on February 26, 1968, 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 th alley; and WHEREAS, said viewers have filed a written report 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 alley; and WHEREAS, the City Planning Commission, to whom the Council of the City of Roanoke at its meetin9 on February 26, 1968, referred the application for closing the portion of the alley, has recommended by written report dated March 21, 1968, that the portion of said alley be closed as requested; and WHEREAS, after proper and timely notice, a public hearing on closing the portion of said alley was held on the 22nd day of April, 1968, at 2 p.m., before the Council of the City of Roanoke, Virginia, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the closing of said portion of the alley; and WHEREAS, from such reports and other evidence, this Council is of the opinion that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing the portion of the alley sought to be closed and that, accordingly, said portion of the alley should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all o that certain portion of an alley in the City of Roanoke 10 feet in width and running in a parallel direction with and between original Elm Avenue, S. E., and Mountain Avenue, S. E., beginnin9 on the westerly side of Fourth Street, S. E. (formerly Wheat Street), 345.2 feet north of the northwest corner of Fourth Street and Mountai Avenue and running in a westerly direction a distance of approximately 77 feet to th proposed eastern boundary line of a proposed access road to Interstate Highway 581, be, and the same hereby is, permanently vacated, discontinued and closed; and that all right, title and interest of the City of Roanoke and of the public in and to the same be, and the same hereby is, released insofar 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 said alley hereby closed. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, direct ed to mark "permanently vacated" on said alley on all maps and plats on file in his office on which said alley is shown, referrin9 to the book and 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 alley, as pr. ovided by law, and that, if so requested by any party in interest, he may record the same in the dee¢ book in his office indexing the same in the name of the City of Roanoke as grantor anc in the name of any party in interest who may request it as grantee. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1968. No. 18114. AN ORDINANCE vacating, discontinuing and closing that certain ten (10) foot alley lying between Connecticut Avenue and Mohawk Avenue, N. E., and extending from Hollins Road, N. E., in a westerly direction 360 feet to 8th Street, N. E., said alley being located in Block 30, Deanwood Terrace. WHEREAS, Sarah F. Carl has heretofore filed her 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 the above described alley; and WHEREAS, in accordance with the prayers of said petition viewers were appointed by Council on the 26th day of February, 1968, 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 alley; and WHEREAS, it appears from the duly verified report of three of said viewers filed with the City Clerk on the 26th day of March, 1968, that no inconvenience would result either to any individual or to the public from permanently vacating, discon- tinuing and closin9 said alley; and WHEREAS, it further appears that petitioner agrees to bear all expense of this proceeding; and WHEREAS, it further appearing from a communication filed with the Clerk of the Council on the 21st day of March, 1968, that the City Planning Commission recommends the granting of the prayer of the petition, the City retaining all utilities; and WHEREAS, on the 22nd day of April, 1968, a public hearing to consider the closing of said alley herein requested was held before City Council and no objection was heard from any citizen to the request for closing. THRERFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the following alley lying within the Deanwood Terrace Map: That certain ten (10) foot alley lying between Connecticut Avenue and Mohawk Avenue, N. E., and extending from Hollins Road, N. E., in a westerly direction 360 feet to 8th Street, N. E., said alley being located in Block 30, Deanwood Terrace. 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 Roanoke an easement for any sewer lines or water mains that may now be located across said property, together with the right of ingress and egress for the maintenance of such lines and mains. BE IT FURTHER ORDAINED that the Clerk of this Council do forthwith certify to the Clerk of the Hustings Court for the City of Roanoke, Virginia, a copy of this ordinance for recordation in the deed books of his office and a like copy to the City Engineer so that he may show on all maps in his office the closing of said alley. APPROVED ATTE ST: / ,/' .. .... ~- . //City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1968. No. 18121. AN ORDINANCE authorizing the acquisition of a perpetual easement across Lots 15, 16, 17 and 18, Block 5, as shown on the Map of Winona Addition for possible future operation and maintenance of a storm drain and providing for the City's execution of an agreement providing for the release and abandonment of an existing easement for the maintenance and operation of a certain storm drain, under certain circumstances, terms and conditions. WHEREAS, the City of Roanoke now operates and maintains a 36-inch concrete pipe storm drain through an easement located across the rear portion of certain lots in Block 5 according to the Map of Winona Addition to the City of Roanoke; and WHEREAS, the present owner in fee simple of Lots 15, 16, 17 and 18, Block 5 of said subdivision desires to erect an apartment building upon said lots over the aforesaid storm drain and easement, and, in consideration of the City's release and abandonment of its easement rights through those portions of the aforesaid lots upon which said apartment building would be constructed, only in the event it would ever become necessary to replace said existing storm drain or to obtain external access thereto for the maintenance thereof, has offered to grant and convey to said City a perpetual easement, fifteen feet in width, for the operation and maintenance of a storm drain of any size deemed necessary by the City, in the event a larger storm drain is needed or in the event external access is necessary for the maintenance of said existing storm drain. 48 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of Apartment Investments, Inc., the owner in fee simple of Lots 15, 16, 17 and 18, Block 5, according to the Map of Winona Addition, to grant and convey to the City a perpetual easement, fifteen feet in width, for possible future construction and peration of a storm drain, in the location shown on a plat of survey showing property of Apartment Investments, Inc., made under date of January 26, 1968, by C. B. Malcolm, Jr., S. C. E., a copy of which is on file in the Office of the City Clerk, be and is hereby ACCEPTED. BE IT FURTHER ORDAINED that the Mayor and City Clerk are hereby authorized for and on behalf of the City, to execute and to seal and attest, respectively, a instrument approved as to form by the City Attorney, whereby the City would agree in the future to release, quitclaim and abandon its existing easement rights in those )ortions of the aforesaid lots upon which the above-named owner intends to construct ~n apartment building in the event that it should become necessary to replace the existing 36-inch storm drain or to obtain external access thereto for maintenance purposes. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1968. No. 18124. A RESOLUTION to provide for a public hearing to discuss designation of a Community Action Agency for the City of Roanoke pursuant to Section 210 of' the Economic Opportunity Act of 1964, as amended (Public Law 90-222). WHEREAS, the 1967 Amendments to the Economic Opportunity Act of 1964 give each political subdivision authority to designate the agency they wish to serve as the Community Action Agency for their subdivision; and WHEREAS, said Amendments require all such political subdivisions to provide an opportunity for residents and organizations in the community to publicly express their views at a public hearing conducted within the proposed community at which time all interested persons are given a reasonable opportunity to be heard and to submit written comments; and WHEREAS, 10 days' advance public notice of the meeting or hearing is required; and WHEREAS, all political subdivisions planning to designate a Community Action Agency should have notified the State of Virginia of their plans by May 15, 1968. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a public hearing with full and proper notice be held at 2 p.m., May 20, 1968, to provid all interested residents an opportunity to express their views concernin9 the designation of a Community Action Agency for the City of Roanoke. ATTE ST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1968. No. 18125. AN ORDINANCE to amend and reordain Section =10, "Auditor," of the 1967-68 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 ~10, "Auditor," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AUDITOR =10 Maintenance of Machinery and Equipment(l) ........................................ $4,600.00 (1) Net increase- $1,4OO.00 BE IT FURTHER ORDAINED that, an emergency existin9, this Ordinance shall be in effect from its passage. APPROVED ATTEST: J~"-/City 'Clerk ) Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1968. No. 18126. AN ORDINANCE to amend and reordain Section ~4, "Attorney," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of th City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =4, "Attorney," of the 1967-68 Appropriation Ordinance, be, and the same is 5O ereby, amended and reordained to read as follows, in part: ATTORNEY :4 Fees for Professional and Special Services (1) ............................. Printing and Office Supplies (2) .................. (1) Net decrease--- (2) Net increase--- $300.00 $30o.0o $ 700.00 1,400.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall )e in effect from its passage. APPROVED ATTEST: City .Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1968. No. 18127. AN ORDINANCE to amend and reordain Section ~64, "Maintenance of City Property," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MAINTENANCE OF CITY PROPERTY =64 Fees for Professional and Special Services (1)..~... .................... Printing and Office SupPlies .................. $ 500.00 550.00 (1) Net decrease $100.00 (2) Net increase $100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: / ./City Clerk Mayor 51 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1968. No. 18128 A RESOLUTION authorizin9 the City Manager to approve a metered water connection to certain premises located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, the owner of the property hereinafter described located outside the corporate limits of the City, abuttin9 on an existin§ water main of the City, ha made application to the City to have the premises connected to the City's water system; and WHEREAS, the City Manager has investigated the application and, in view of the provisions of Resolution No. 16855 of the Council, has referred said application to the Council for consideration, recommendin9 that said water connection be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, a metered connection to the City's 8-inch public water main located in the street on which the property abuts outside the City's corporate limits, of the premises located at 4311 Appleton Avenue, N. W., described as Parcel A, Section 1, accordin9 to the Map of Westview Terrace, such connection to be made in full compliance with the provisions established for such connections in Rule 38 of the Rules and Regulations for the operation of the City's Water Department, and said water services to be hereafter supplied by the City in accordance with its 9eneral rules and regulations and at such rates and charges as are 9enerally provided in such instances. BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogatin9 or changin9 in any way the policy heretofore established by Council in its Resolution No. 16855. APPROVED ATTE ST: / / City Clerk Mayor 52 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1968. No. 18129 A RESOLUTION authorizing the City Manager to approve two (2) metered water connections to certain premises located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, the owner of the properties hereinafter described, located outside the corporate limits of the City, abutting on an existing water main of the City, has made application to the City to have the premises connected to the City's water system; and WHEREAS, the City Manager has investigated the application and, in view of the provisions of Resolution No. 16855 of the Council, has referred said application to the Council for consideration, recommending that said water connections be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, metered connections to the City's public water distribution system located in the street on which the properties abut outside the City's corporate limits, of the premises located at 3743 Tomley Drive, S. W., and 3727 Tomley Drive, S. W., designated Lot 5 and Lot 7, respectively, of Block 2, according to the Map of Burwick Heights, such connections to be made in full compliance with the provisions established for such connections in Rule 38 of the Rules and Regulations for the operation of the City's Water Department, and said water services to be hereafter supplied by the City in accordance with its general rules and regulations and at such rates and charges as are generally provided in such instances. BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by the Council in its Resolution No. 16855. APPROVED ATTEST: /City Clerk Mayor 53 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1968. No. 18130. AN ORDINANCE directin9 and providin9 for the acquisition of certain parcels of land in fee simple and of certain easements in land wanted and needed by the City for the widenin9 and improvement of a portion of Franklin Road, S. W., (U. S. Route 220), under Project 0220-128-102, RW-201; fixin9 the consideration offered to be paid by the City for each said parcel of land and/or easement and other terms and provisions of such acquisition; providin9 for negotiations for certain options; providin9 for the City's acquisition of said lands and easements by condemnation, under certain circumstances; authorizin9 the City Attorney to move for the award of a riqht of entry on each or any of said properties for the purpose of commencing its work of improvement; and providing for an emergency. WHEREAS, in order to provide for the widening and improvement of a portion of Franklin Road, S. W., U. S. Route 220, in accordance with certain plans therefor heretofore approved as Project 0220-128-102, RW-201, the parcels of land hereinafter described, each of which is set out and shown in detail on the plans of the aforesaid project, are among those wanted and needed by the City for the purposes aforesaid, certain of said properties beinq needed to be acquired in fee simple and the City needing to acquire, in addition, certain easements necessary and sufficient for certain drains and for the proper construction of said new street improvements; and WHEREAS, the City has caused appraisals to be made of the fair market value of each of the hereinafter described properties and of said easements necessary for the proper construction of said improvements, on the basis of which the valuations hereinafter set out with respect to each said property have been determined by the Council to be fair and reasonable; and funds sufficient for the payment of the purchase prices hereinafter authorized to be paid have been heretofore appropriated by the Council for the purpose; and WHEREAS, by virtue of certain agreements entered into between the City and the Commonwealth of Virqinia, Department of Highways, it is desired and intended by said parties that immediate construction of the aforesaid street improvements be commenced, prior to which it is necessary that the City have acquired a right of entry on each of the hereinafter described properties for the purpose of constructin9 said public improvements; and WHEREAS, for the usual daily operation of the municipal 9overnment an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the said City of Roanoke wants and needs for the purpose of its widening and improvement of a portion of Franklin Road, S. W., U. S. Route 220, and 54 and the proper City officials be, and are hereby authorized to acquire for said City from the respective owners of the parcels of land hereinafter described and for the price set out opposite each said parcel, the fee simple title and/or easements necessary for the proper construction of said street in and to the following described lands situate in the City of Roanoke, Virginia, on or adjacent to Franklin Road, S. W., said parcels of land being described with reference to the City's plans for Project 0220-128-102, RW-201, viz: Parcel O14,being 702 square feet of land in fee simple and a temporary construction easement in an additional 639 square foot strip or area of land, all in Official Tax No. 1150204, from Colonial-American National Bank, Trustee u/w of Stella W. Bryant, deceased, for the sum of $ 1,139.00 Parcel 024,being (a) 2427 square feet of land in fee simple; (b) a perpetual easement for a public storm drain in an additional 1150 square foot area or strip of land; and, (c) a temporary construction easement in an additional 1307 square foot area or strip of land, all in Official No. 1160119, from W. Price Fields, for the sum of $ 4,300.00 Parcel 029,being 2000 square feet of land in fee simple and a temporary construction easement in an additional 900 square foot strip or area of land, all in Official No. 1160132, from A. Vernon Poole and Elizabeth H. Connelly, for the sum of $ 4,794.00 Parcel 035,being 1833 square feet of land in fee simple and a temporary construction easement in an additional 500 square foot strip or area of land, all in Official Nos. 1300516 and 1300517, from T. M. Doss and Gertrude P. Doss, for the sum of $ 4,295.00 arcels 036 . and 059, (as a single parcel), being (a) 1029 square feet of land in fee simple; (b) a perpetual easement for a public storm drain in an additional 2000 square foot strip or area of land; and, (c) a temporary construction easement in an additional 294 square foot strip or area of land, all in Official Nos. 1300512 and 1300513, from E. J. Harris, for the sum of $ 2,405.00 Parcel 044,being a perpetual easement for public storm drain purposes in approximately 20 square feet of land and a temporary construction easement in an additional 850 square foot strip or area of land, all in a certain 0.63 acre parcel of land designated Official No. 1290106, owned by Reva D. Harbour, for the sum of $ 75.00 Parcel 045,being a temporary construction easement in approximately 3268 square feet of land, a part of Official No. 1290108, owned by Beatrice W. Harbour, for the sum of $ 25.00 Parcel 052,being 660 square feet of land in fee simple and a temporary construction easement in an additional 264 square foot area of land, all in Official No. 1280604, from Esther S. Katz, for the sum of $ 1,165.00 Parcel 053,being a temporary construction easement in approximately 12,450 square feet of land, a part of Official Nos. 1290105 and 1290107, from Club View Corporation, for the sum of $ 50.00 Parcel 054,being a temporary construction easement in approximately 580 square feet of land, a part of Official Nos. 1290313 through 1290317, inclusive, from C. Cecil Flora, and others, for the sum of $ 100.00 Aggregate of all above considerations: $18,348.00; 2. That the City Manager be, and he is hereby directed, immediately, to cause to be offered on behalf of the City to the owner or owners of each of the aforesaid parcels of land the consideration hereinabove set out for each said parcel, for said owner's or owners' conveyance to the City of the rights or title needed by the City in each said parcel of land or to negotiate to obtain for the City purchase options to acquire each of the abovedescribed parcels for the purchase prices 55 or offers and upon delivery to the City of a good and sufficient deed of conveyance or deed of easement, as the case may be, approved as to form and sufficiency by the City Attorney, the City Auditor be, and he is hereby directed to make payment to each owner or owners so accepting said City's offer of the consideration hereinabove set out with respect to said land, such payment or payments to be made to such persons as are certified by the City Attorney to be entitled to the same; 3. That, should the City be unable to agree with the owner or owners of any of the parcels of land herein above set out for the City's purchase of said land or easement therein, as the case may be, or to obtain option to purchase the same as herein provided, the City Attorney is hereby authorized and directed to institute in a court of competent jurisdiction in the City condemnation proceedings to acquire for the City the fee simple title and/or easement in such land or lands as are hereinabove set out and described and as the City is unable to acquire by purchase; and 4. That, in instituting or conducting any condemnation proceeding herein authorized to be brought on behalf of the City, the City Attorney is hereby authorize 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 a right of entry for the purpose of commencin9 its public works or improvements on said street; and the City Auditor, upon request of said City Attorney shall be, and is hereby authorized and directed to draw and make payment into such court wherein said condemnation proceedings may be pending the sum hereinabove authorized to be paid by the City for the respective parcel of land sought to be so acquired in such condemnation proceeding. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. A P P R 0 ¥ E D ATTEST: / /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1968. No. 18131. AN ORDINANCE providing for the City's acquisition of an easement from Norfolk and Western Railway Company necessary for the construction and maintenance of a certain overhead bridge and two piers from 9th Street, S. E., (State Route 9999) into the Roanoke Industrial Center; and providing for an emergency. WHEREAS, for the construction of a new industrial access bridge from 9th Street, S. E., into property of the Roanoke Industrial Center, it is necessary to uire from Norfolk and Western Railway Company the easement hereinafter described )ver said Railway Company's right-of-way; and the Council is advised that said Company s willing to grant to the City such easement upon the terms and provisions herein ontained; and WHEREAS, for the usual daily operation of the municipal government an ency is hereby set forth and declared to exist in order that this ordinance may ake effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the roper City officials be, and are hereby authorized to negotiate with and accept rom Norfolk and Western Railway Company a deed of easement granting and conveying to he City for public street purposes a right to construct and maintain an overhead ~ighway bridge and two piers on and over a parcel of land containing 0.3 acre, more )r less, at said Railway Company's Mile Post 242 plus 256 feet, said location being hown on a copy of Plan N-32710 prepared in the Office of the Chief Engineer of said any, dated June 5, 1967, a copy of which Plan is on file in the Office of the ty Clerk, such easement to be granted to said City upon the following terms and onditions: 1. Said overhead highway bridge and piers shall be constructed with the learance and otherwise in accordance with the provisions of the aforesaid agreement ated , 19 2. If Railway shall find it necessary, due to use by City of the easement erein granted, to relocate, realign or change any of its existing drainage structures ces, fixtures or facilities, signal, power, telephone or telegraph wires and poles, ~he expense and cost thereof shall be borne as project expense as provided in the resaid agreement dated , 19 , and Railway shall be paid and reimbursed, as provided in said agreement, for any expense, cost or outlay to .which it ay be put in connection therewith; and Railway may use for railroad purposes any part f the land over which said easement is granted, provided such use shall not interfere th the uses thereof by the City. 3. Any drainage structures installed by City in connection with said verhead highway bridge to be constructed shall be to the complete satisfaction of railway and so installed that no adverse drainage condition shall be created upon the ht of way of Railway, particularly in and about the roadbed of its tracks, and that o adverse roadbed condition shall result from such drainage structures. 4. In no event shall any highway construction be permitted within a lnimum distance of fourteen (14) feet from the centerline of the nearest adjacent rack. 5. In the event City shall hereafter abandon the use of the easement there- n granted, then the easement, to the extent of such abandonment, shall terminate and the land involved shall be discharged of the easement and privileges therein granted. BE IT FURTHER ORDAINED that, upon delivery to the City of such aforesaid teed of easement, the Mayor and the City Clerk shall be, and each is hereby authorized directed to execute and to seal and attest such deed of easement on behalf of the ity, after the form of the same has been approved by the City Attorney. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1968. No. 18132. AN ORDINANCE providin9 for the City's acquisition of an option to purchase certain land wanted and needed for public watershed purposes; and providin9 for an emergency. WHEREAS, Greater Roanoke Valley Development Foundation, havin9 recently acquired a certain boundary of land hereinafter described, situate on the watershed of the City's Carvins Cove Reservoir, in Roanoke and Botetourt Counties, has tendered to the City an option to purchase said land upon the terms hereinafter set forth; and WHEREAS, for the usual daily operation of the municipal 9overnment an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Attorney be, and he is hereby authorized and directed, on behalf of the City, to accept and take from Greater Roanoke Valley Development Foundation a written optio to the City to purchase and acquire from said Foundation within a period of 18 months from the date of said purchase option, which is made to the City under date of April 15, 1968, a certain 157.93 acre boundary of land lyinG mainly in Roanoke County and partly in Botetourt County, VirGinia, on the headwaters of Carvins Creek and as said tract of land is shown on a certain map made by T. P. Parker, S.C.E., dated January 29, 1948, for a purchase price of $19,000.00, cash, together with such sum as represents interest at the rate of 6-1/2% per annum calculated on said sum from April 29, 1968, conveyance of said land to the City, if said purchase option be later exercised, to be made with General warranty and modern EnGlish covenants of title and to convey the unencumbered, fee simple title to said land; and that the City Auditor be and he is hereby authorized and directed to issue and deliver to the City Attorney the City's check in the sum of $5.00, payable to Greater Roanoke Valley Development Foundation, in payment of the consideration for the aforesaid purchase option, such payment to be charged to funds appropriated for the purpose to the City's Water )artment. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTEST: .... APPROVED 5¸8 APPROVED ATTEST: /--~ .---~..~-~_ --pTa-- -.~' ' / // City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1968. No. 18133. A RESOLUTION acknowledging certain public services rendered by the late EDWARD B. LASSITER. WHEREAS, Edward B. Lassiter, a respected member and leading businessman of the Roanoke Valley community, departed this life on April 17th, last; and WHEREAS, during the period of his residence in the community he had been active to an unusual degree in public affairs, having' been appointed as a charter member and representative of Roanoke County to the Roanoke Valley Regional Planning Commission upon creation of the Commission by joint action of the City and of other political subdivisions of the Roanoke Valley community in 1956, and having served as the Commission's Vice-Chairman for 6 years and as its Chairman for 5 years during his term as such member; and having, more recently, served as a member of the Board of Directors of the Virginia Citizens' Planning Association; and WHEREAS, in his positions of appointment and public responsibility he displayed good foresight and sound judgment and discharged the duties of his position efficiently and with highest integrity. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth, by this resolution, formally recognize and express its awareness and appreciation of the meritorious public services performed for the Roanoke Valley community and its residents by the late Edward B. Lassiter in the positions of responsibility formerly held by him; and doth extend to his widow and to the members of his family its sympathy in his passing. BE IT FURTHER RESOLVED that the City Clerk do transmit an attested copy of this resolution to Mrs. Sylvia Adams Lassiter, in Vinton, Virginia. A P P R O V E D ATTEST: ~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1968. No. 18134. AN ORDINANCE amending Chapter 1, Title III, of the Code of the City of Roanoke, 1956, as amended, relating to the Employees' Retirement System of the City of Roanoke, by the addition to Sec. 7 of two new subsections to be numbered subsections (19) and (20), and certain sub-subsections, making certain provisions for employees of the City's Health Department who became State employees as the result of the City's transfer of the operation of said Health Department to the State Department of Health; and providing for an emergency. WHEREAS, pursuant to the provisions of Ordinance No. 17965 of the Council, adopted January 22, 1968, a District Health Department within the City of Roanoke was created pursuant 'to the provisions of §32-40.2 of the 1950 Code of Virginia, as amended, said District Health Department to be operated by the State Department o Health of the Commonwealth of Virginia on and after March 1, 1968; and WHEREAS, the aforesaid statute contains provision that any person who becomes a State employee by virtue of any contract affiliating a local health department with said State Department of Health shall remain a member of the local retirement system, provided such person was an employee of such local political subdivision and a member of the local retirement system on the effective date of any such contract and does not elect, in writing, and within 60 days after the effective date of suck contract, to become a member of the State's retirement system; 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 Chapter 1, Title III, of the Code of the City of Roanoke, 1956, as amended, relating to the City's Employees' Retirement System, be and said Chapter is hereby amended by the addition to Sec. 7. Benefits, of said Chapter and Title of the following two subsections, to be numbered subsections (19) and (20), respectively, and certain sub-subsections, to read and provide as follows: (19) Notwithstanding any provision contained in this chapter, any employee of the City Health Department who was a member of the System on March 1, 1968, and who became a State employee as the result of the transfer of the Depart- ment to the State Department of Health shall remain a member of this System and be included in the term "employee" as defined in Section 1, subsection (10), during the subsequent period of his continuous employment with the State in the Roanoke District Health Department, provided he does not elect, in writing and within sixty days after March 1, 1968, to become a member of the Virginia Supplemental Retirement System. (20) Notwithstanding any provision contained in this chapter, any employee of the City Health Department who was a member of the System on March 1, 1968, and who became a State employee as the result of the transfer of the Depart- ment to the State Department of Health and who elected, in 6O writing and within sixty days from March 1, 1968, to become a member of the Virginia Supplemental Retirement System, shall be ~ntitled to benefits from this System only as determined in accordance with the fOllowing sub-subsections of this subsection. (a) Any such person shall, upon becoming a State employee, be deemed a member of the System not in service during the subsequent period of continuous service as a State employee provided that he does not elect to withdraw his accumulated contributions, and his entitlement to benefits from the System shall be determined in accordance with the following paragraphs of this subsection. (b) Upon termination of employment with the State for reasons other than death, any such person shall be entitled to apply for an early service re- tirement allowance in accordance with Section 6 or a service retirement allowance in accordance with sub- sections (1) and (2) of this section, whichever is applicable, if he meets the minimum requirements as to age and creditable service. Continuous service as a State employee from the date of his transfer to the State Department of Health to the date his employment with the State terminated shall be considered credit- able service for purposes of determining his entitle- ment to a retirement allowance but not for determining the amount of the retirement allowance. Earnable compensation as a City and State employee to the date of his termination shall be considered in determining his average final compensation. (c) Any such person may, in lieu of any benefits under the preceding paragraph (b) of this subsection, apply for an ordinary disability retirement allowance pursuant to subsections (3) and (4) of this section if he had completed 5 or more years of creditable service under the System as of the date he became a State employee and continued as a State employee without interruption to the time of his disability retirement. The amount of the dis- ability retirement allowance shall be computed on the basis of his creditable service as of the date he became a State employee and his earnable compensation as a City and State employee to the time of his disability re- tirement. (d) Upon receipt of proof, satisfactory to the board, of the death of any such person, a payment or payments pursuant to paragraph (a) of subsection (7) of this section shall be made, if he does not leave a widow entitled to a pension in accordance with the following paragraph (e) of this subsection. (e) Upon receipt of proof, satisfactory to the board, of the death of any such male person while in active service with the State after the sum of his creditable service to the date he became a State employ- ee plus his continuous service as a State employee to the date of his death equals twenty or more years or after he has attained age sixty, or of the death of any such male person receiving a retirement allowance from the System, a pension shall be payable to his widow pro- vided she was his wife at least one year prior to his death and provided, further, that he had not made an optional election under subsection (13) of this section which is in full force and effect. The amount of the pension shall be determined in accordance with subsection (17) of this section on the basis of earnable compensation as a City and State employee to the time of his death and his years of creditable service to the time he became a State employee. (f) Return of accumulated contributions pursuant to paragraph (a) of subsection (9) of this section shall be made to such person if he ceases to be a State employee for any reason other than death or termination with rights to a retirement allowance from the System; return of accumulated contributions pursuant to paragraphs (b) and (c) of subsection (9) of this section shall be applicable with respect to any such person upon death after a re- tirement allowance has become payable under the System to him or his beneficiary, or upon the death of his widow in receipt of a widow's pension. (g) Benefits payable under this subsection shall be subject to adjustments in accordance with subsection (14) of this section. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall e in force and effect upon its passage. APPROVED ~TTE ST: ~City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of April, 1968. No. 18135. A RESOLUTION authorizing payment of a certain expense incurred by the City's Department of Parks and Recreation. BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby authorize and approve the City's payment to Aerial Service Corporation, Roanoke, Virginia, of the sum of $150.00, as the rental value of two helicopters employed by the City's Department of Parks and Recreation in the City's Halloween Program on October 31, 1967, such payment to be charged to funds heretofore appropriated to the Department of Parks and Recreation for such purposes. BE IT FURTHER RESOLVED that the City Manager inform the several municipal departments of procedural requirements of the City in matters relating to all )urchases of materials and services and of the necessity of prior authorization and proval before contractual arrangements are entered into therefor. APPROVED ST: - " ' / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1968. No. 18136. AN ORDINANCE to amend and reordain certain sections of the 1967-68 Appropria- ion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the :ity 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 1967-68 Appropriation Ordinance be, and the same are hereby, mended and reordained to read as follows, in part: 62 SCHOOLS - ADMINISTRATION ~1000 Personal Services (1) ............................... $ Postage, Telephone and Telegraph (2) ................ Administrative Travel (3) ........................... 168,015.00 7,245.00 2,500.00 SCHOOLS- INSTRUCTION ~2000 Personal Services (4) ............................... $ 7,285,930.67 Instructional Supplies (5) .......................... 190,038.00 SCHOOLS - ATTENDANCE SERVICES ~3000 Personal Services (6) ............................... $ 45,870.00 SCHOOLS - PUPIL TRANSPORTATION g5000 Transportation by Contract (7) ...................... $ 42,000.00 SCHOOLS - OPERATION OF SCHOOL PLANT ~6000 Personal Services (B) General Building Supplies (9) ....................... School Telephones (10) .............................. Fuel and Power (11) ................................. Gas (12) ............................................ Water (13) .......................................... d80,462.00 56,000.00 29,186.37 144,000.00 2,400.00 21,500.00 SCHOOLS - MAINTENANCE OF PLANT AND EQUIPMENT ~7000 Personal Services (14) .............................. $ Repair and Upkeep of Buildings and Equipment (15) ... Maintenance of Instructional and Office ffquipment (16) ................................................ Office Furniture and Equipment (17) ................. Operation Equipment (18) ............................ Repairs to Furniture and Equipment (19) ............. Replacemefft of Classroom Furniture (20) ............. 246,746.79 97,895.00 28,421.02 1,696.00 29,643.51 '2,635.00 7,570.00 SCHOOLS - FIXED CHARGES ;tSO00 Retirement System Contributions (21) ................ $ Insurance (22) ...................................... Rentals (23) ........................................ 60,09 4. O0 36,125,00 11,570.00 SCHOOLS - FOOD SERVICES ~9000 Supplies (24) ....................................... $ Food (25) ........................................... Storage (26) ........................................ 12,000.00 400,000.00 4,500.00 SCHOOLS - IMPROVEMENTS AND BETTERMENTS =12000 Improvements and Betterments (27) ................... Office Furniture and Equipment (28) ................. Instructional Equipment (29) ........................ 45,877.18 4,397.00 77,663.50 (1) Net increase--- (2) Net increase-- (3) Net decrease--- (4) Net decrease ...... (5) Net increase-- (6) Net decrease--- (7) Net increase-- (8) Net increase--- (9) Net increase- (lO) Net increase--- (11) Net increase ....... (12) Net increase (13) Net increase ..... (14) Net decrease (15) Net increase--- (16) Net increase (16) Net decrease (17) Net decrease"-- (17) Net increase-- (18) Net decrease .... (18) Net increase- (19) Net decrease (20) Net decrease (21) Net decrease .... (22) Net decrease. (23) Net increase. (24) Net decrease (25) Net decrease $ 3,50O O0 1,245 5OO 9 505 9 20O 3 50O 6 000 6OO 1 000 9 186 2 000 300 13 3,000 33,331 2,365 5,264 702 12 537 3,274 508 365 7O0 3,000 1 ,275 75 300 2,000 O0 O0 20 O0 O0 O0 O0 O0 37 O0 O0 O0 37 O0 82 80 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 (26) Net increase-- (27) Net decrease-- (27) Net increase (28) Net increase- (28) Net decrease-- (29) Net increase- (29) Net decrease--- $ 2,000 O0 208 82 786 O0 500 O0 589 O0 70O O0 2,504 O0 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1968. No. 18137. AN ORDINANCE to amend and reordain certain sections of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1967-68 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - AOMINISTRATION =1000 Postage, Telephone and Telegraph (1) ................... $ 8,529.00 SCHOOLS - OPERATION OF SCHOOL PLANT ~6000 School Telephones (2) .................................. 30,000.00 SCHOOLS - MAINTENANCE OF PLANT AND EQUIPMENT =7000 Personal Services (3) .................................. 250,570.79 Repair and Upkeep of Buildings and Equipment (4) ....... 98,175.00 SCHOOLS - FIXED CHARGES =B000 Rentals (5) ............................................ 18,080.00 SCHOOLS - SPECIAL INSTRUCTION G. E. D. Program (6) ................................... 2,725.00 Travel (7) ............................................. 1,450.00 SCHOOLS - LIBRARY AND INSTRUCTIONAL MATERIALS =40000 Library and Instructional Materials (8) ................ 33,152.00 (1) Net increase $ 1,284 O0 (2) Net xncrease--- (3) Net mc rease ....... (4) Net ~ncrease (5) Net ~ncrease ...... (6) Net ~ncrease-- (7) Net ~ncrease--- (8) Net ncrease-- 813 63 3,824 O0 280 O0 6,510 O0 1,225 O0 700 O0 2,841.60 64 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1968. No. 18138. AN ORDINANCE to amend and reordain Section ~21000, "Schools - Manpower Development and Traini~ ," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the 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," of the 196068 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - MANPOWER DEVELOPMENT AND TRAINING ~21000 Personal Services (1) ................................. $ 30,100.75 Supplies (2) .......................................... 8,676.02 Equipment (3) ......................................... 466.43 Fixed Charges (4) ..................................... 4,079.04 (1) Net increase .... (2) Net increase (3) Net increase ............ (4) Net increase $3,275.00 629.00 100.00 355.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall b in effect from its passage. ATT E ST: APPROVED Mayor Education, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1968. No. 18139. AN ORDINANCE to amend and reordain Section ~39000, "Schools - Adult Basic "of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~39000, "Schools - Adult Basic Education," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - ADULT BASIC EDUCATION ~39000 Personal Services (1) .................................. $ Supplies (2) ........................................... Travel (3) ............................................. In-Service Training (4) ................................ Fixed Charges (5) ...................................... Other Related Expenses (6) ............................. 10,717.18 1 ,491.51 147.70 413.85 379.49 12.58 (1) Net increase ............ (2) Net increase (3) Net decrease .... (4) Net increase--- (5) Net increase .............. (6) Net decrease $ 2,229 73 686 83 22 30 13 85 6 Od 187 42 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in ~fect from its passage. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1968. No. 18140. AN ORDINANCE to amend and reordain Section ~47, "Fire," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and r e~dained to read as follows, in part: FIRE =47 Travel Expense and Education (1) ............................ $ 900.00 (1) Net increase ....... $300.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~/ity Clerk APPROVED Mayor 6¸6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1968. No. 18141. AN ORDINANCE to amend and reordain Section ~19, "Juvenile and Domestic Relations Court," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =19, "Juvenile and Domestic Relations Court," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE AND DOMESTIC RELATIONS COURT ~19 Printing and Office Supplies (1) ......................... $ 1,975.00 Office Furniture and Equipment - New (2) ................. 1,375,00 (1) Net decrease .... (2) Net increase .... --$325.00 325.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1968. No. 18142. A RESOLUTION authorizing the City Manager to cause a portion of Kirk Avenue, S. W., to be closed to vehicular traffic on Saturday, June 8, 1968, between the hours of 7:00 a.m. and 5:00 p.m., in order that the Roanoke Fine Arts Center may conduct thereon its annual public Sidewalk Art Show. WHEREAS, the Roanoke Fine Arts Center, through Downtown Roanoke, Incorpo- rated, has requested that Kirk Avenue, S. W., from Jefferson Street to 1st Street, be closed to vehicular traffic as hereinafter provided for the purpose of holding its annual Sidewalk Art Show, in which request this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to cause Kirk Avenue, S. W., from Jefferson Street to 1st Street, S. W., to be closed to all other than pedestrian traffic on Saturday, June 8, 1968, between the hours of 7:00 a.m. and 5:00 p.m., in order that the Roanoke Fine Arts Center conduct thereon its annual public Sidewalk Art Show; provided that, in the event of inclement weather on June 8th, said Kirk Avenue shall be closed on June 15, 196B, between the said hours of 7:00 a.m. and 5:00 p.m., for the aforesaid purpose. APPROVED ATTEST:.. City Clerk May or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1968. No. 18143. A RESOLUTION authorizing the City Manager to approve two (2) metered water connections to certain premises located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, representatives of the owners of certain properties hereinafter described, located outside the corporate limits of the City but abutting on exist- lng water mains of the City, have made application to the City to have their premi connected to the City's water system; and WHEREAS, the City Manager has investigated the applications and, in view of the provisions of Resolution No. 16855 of the City Council, has referred said applications to the Council for consideration, recommending that said water connec- tions be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, metered connections to the City's public water distribution mains hereinafter mentioned on which the properties abut outside the City's corporate limits, of the following described properties or premises, namely: (a) The premises at 415 Petty Avenue, N. E., designated as Lot 3, Block 1, Section 1 of Petty Acr~,to be connected to an 8-inch ma~ ~ Petty Avenue; (b) Premises located at 3308 Aerial Way Drive, in Blue Ridge Industrial Park, to be connected to an 8-inch main in Aerial Way Drive; such connections to be made in full compliance with the provisions established for such connections in Rule 38 of the Rules and Regulations for the operation of the City's Water Department, and said water services to be hereafter supplied by the City in accordance with its general rules and regulations and at such rates and charges as are generally provided in such instances. BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by Council in its Resolution No. 16855. APPROVED ATTEST: / , / IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1968. No. 18144. A RESOLUTION relating to the City's acquisition of an easement from Norfolk and Western Railway Company authorized to be acquired by Ordinance No. 181~. WHEREAS, Ordinance No. lB131, adopted by the City Council on April 29, 1961 authorized the City's acquisition from Norfolk and Western Railway Company of an easement necessary for the construction and maintenance of the proposed 9th Street, S. E. (State Route 9999) Access Bridge to property of Roanoke Industrial Center and set out therein certain terms and conditions to be incorporated in said deed of easement; and WHEREAS, said Railway Company has proposed that the aforesaid deed of ease- ment contain certain provision relating to the barricading of 9th Street, S. E., at such time as the new bridge has been constructed and is open for traffic, which said proposal has been recommended to the Council for approval. THEREFORE, BE IT RESOLVED by the Council of the C~ y of Roanoke that the deed of easement authorized by Ordinance No. 18131 of the City Council to be acquired from Norfolk and Western Railway Company relating to ~e City's acquisition of an easement necessary for the construction and maintenance of the 9th Street, S.E., Access Bridge into property of the Roanoke Industrial Center contain, in addition to the terms and conditions set out in the aforesaid O~ inance, an addi- tional provision to read and provide as follows: "At such time as said overhead highway bridge has been constructed and is open for traffic, City shall appropriately barricade Ninth Street in the City of Roanoke, Virginia so as to close effectively to all traffic the existing highway bridge." APPROVED ATTEST: /City Clerk ~lay or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of ~lay, 1968. No. 18145. A RESOLUTION calling upon the United States Senate and the Senators from the Commonwealth of Virginia to remove from House of Representatives Bill 16241 the provision purporting to repeal the exemption of state and local governments from the Federal tax on air travel by their officers and employees on official business. 69 WHEREAS, this local governing body of the Commonwealth of Virginia is advised that there has been approved by Ge House of Representatives and is now be- fore the United States Senate Finam e Committee for heari~s certain proposed legis- lation, contained in H.R. 16241, which would purport to repeal the exemption of states and local governments from the Federal tax on air travel, which exemption ha been recognized by the Congress and expressly provided for in the statutes imposing such tax and other Federal excise taxes since the inception thereof by the Congress and WHEREAS, if correctly advised, this Council considers that part of H.R. 16241 which would purport to repeal the previous exemption of states and local governmental units from such Federal tax unconstitutional and invalid under the Constitution and under all former legal precedents and decisions of the courts; and WHEREAS, if such exemption of states and local governments from such Federal Tax be repealed from the law of the land, said Federal tax on air travel by officers and employees engaged on official business would fall directly on the state or local government treasury for the exercise of basic functions of state and local government, and could presage a Federal tax on any and every activity of state and local 9overnments. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth hereby register its strongest protest to any repeal or removal by the Congress of the exemption of states and local governments from any tax of any nature levied by the Federal Government and, specifically, from the Federal tax levied on air travel; and this body doth hereby petition the Congress and, especial the United States Senate, to remove from H. R. 16241 now pending in said Senate any provision which would purport to make the states and local governments liable for payment to the Federal Government of any tax or charge levied by said Govern- ment on air travel by the officers and employees of said states and local gover n- merits. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit an attested copy of this resolution to the Honorable Russell B. Long, Chairman of the Senate Finance Committee, and to the Honorable Harry F. Byrd, Jr., the Honorable William B. Spong, Senators from Virginia, all in Washington, D. C. BE IT FURTHER RESOLVED that the members of this Council and ot her City officials designated by said Council be, and are hereby authorized to appear on behalf of the City at any hearings held on H. R. 16241 before the Senate Finance Committee, and state opposition and protest to any such provision as may be con- tained in said bill. ATTEST: / / City Clerk APPROVED May or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1968. No. 18146. AN ORDINANCE accepting a bid for the installation of certain water mains in the City of Roanoke and Roanoke County within the rights-of-way of Whiteslde Street and Hollins Road, N. E., beginning at the junction of two existing eight- inch mains in Whiteside Street and extending in a northerly direction within White- side Street and Hollins Road rights-of-way to a point located approximately 1000 feet south of Hollins Station, said point being opposite certain property belonging to Ingersoll-Rand Company, and thence, crossing a certain lot owned by Mrs, Carrie L. Brugh, and underneath the Norfolk and Western Railway COmpany's right-of-way to a point on the property of said Ingersoll-Rand Company, and related work, Ar use of the City's Water Department, and awarding a contract thereon; rejecting certain other bids; and providing for an emergency. WHEREAS, at a meeting of the Council held on April 29, 1968, and after due and pro~r advertisement had been made therefor, four i4) bids for the install tion of. certain water mains ~ the City of Roanoke and Roanoke County within the rights-of-way of Whiteside Street and Hollins Road, N. E., beginning at the junction of two exisQng eight-inch mains in Whiteside Street, and extending in a northerly direction within the rights-of-way of Whiteside Street and Hollins Road to a point located approximately 1000 feet south of Hollins Station, said point being opposite certain property belonging to Ingersoll -Rand Company, and thence, crossing a cer- tain lot owned by Mrs. Carrie L. Brugh, and underneath the Norfolk and Western Railway Company's right-of-way to a point on the property of said Ingersoll-Rand Company, and certain related work, were opened and read before the Council and, thereafter, were referred to a committee to be tabulated and studied, with report to be made back to said Council; and WHEREAS, said committee has reported in writing to the Council its tabul tion of all said bids, from which report it appears that the bid of Hudgins and Pace, Contractors, for the necessary construction work of installing said water mains is the lowest and best bid made to the City and, based on the estimated requiz merits, would amount to the sum of $29,990.00, and should be accepted; and WHEREAS, funds have been or are being approprited sufficient to pay for th cost of said water main installation pursuant to the contract herein awarded and, for the usual daily operation of the City's Water Department, an emergency is decla 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 Hudgins and Pace, Contractors, to furnish all necessary tools, labor and material necessary for the installation of certain water mains in the City of Roanoke and Roanoke County, within the rights-of-way of Whiteside Street and Hollin Road, N. E., beginning at the junction of two existing eight-inch mains in White- side Street, and extending in a northerly direction within the rights-of-way of Whiteside Street and Hollins Road to a point located approximately 1000 feet south of Hollins Station, said point being opposite certain property belonging to Inger- soll-Rand Company, and thence, crossing a certain lot owned by Mrs. Carrie L. Brugh, and underneath the Norfolk and Western Railway Company's right-of-way to a point on the property of said Ingersoll-Rand Company, and certain related work, for the sum of $2P,990.00, cash, and in full accordance with the City's require- ments and specifications, be, and said bid is hereby ACCEPTED; and the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to enter into requisite contract with said bidder, such contract to have incorporated therein the aforesaid bidder's proposal, the City's specifications, terms and conditions made and furnished to all said bidders, and the terms and pro- visions of this ordinance, said contract, otherwise, to be upon such form as is approved by the City ~ttorney. BE IT FURTHER ORDAINED that all other bids made ~)the City for the installation of the aforesaid water mains be, and said other bids are hereby REJECTED, the City Clerk to so notify each said other bidder and to express to each said bidder the City's appreciation for said bid. BE IT FURTHER ORDAINED that, an emergency.existing, this Ordinance be in force and effect upon its passage. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1968. No. 18147. A RESOLUTION repealing Resolution No. 18124. BE IT RESOLVED by the Council of the City of Roanoke that Resolution No. 18124, adopted at the regular meeting of Council on April 29, 1968, entitled, "A Resolution to provide for a public hearing to discuss designation of a Community ~,ction Agency for the City of Roanoke pursuant to Section 210 of the Economic Opportunity Act of 1964, as amended (Public Law 90-222)," be, and is hereby, repealed. APPROVED ATTEST: ~z~t y Clerk Mayor 72 ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1968. No. 18148. A RESOLUTION to provide for a public hearing to discuss the Council~'s designation of a Community Action Agency for the City of Roanoke, pursuant to Section 210 of the Economic Opportunity Act of 1964, as amended. WHEREAS, certain of the 1967 amendments to the Economic Opportunity Act of 1964, (Public Law 90-222), give to political subdivisions author ity to designate the agency to serve as the Community Action Agency for such subdivision; and WHEREAS, regulations promulgated pursuant to t~ aforesaid amendments make provision for public hearings before the governing bodies of such political sub- divisions to provide an opportunity for residents and organizations in the com- munity to publicly express their views at such public hearing and be given a rea- sonable opportunity to be heard and to submit written comments on the matter of the designation of a Community Action ~gency; and WHEREAS, at least 10 days prior public notice is deemed sufficient for the holding of such public hearing. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a public hearing be held on May 20, 1968,~at 2:00 o'clock p.m., before the City Council, in regular meeting, after 10 days prior public notice published by the City Clerk in a newspaper of general circulation in the City of Rom oke, to provide all interested residents of said City an opportunity to express their views con- cerning the designation of a Community Action Agency for the City of Roanoke. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1968. No. 18149. h RESOLUTION authorizing the City Manager to enter into contract with Crystal Towers Corporation providing for the City's transmission and treatment of certain sewage and wastes from an area under development, partly in the City and partly in Roanoke County. WHEREAS, the City Manager has presented to the Council a request of Crystal Towers Corporation, owner of certain property under development on both sides of the City's south corporate line west of Franklin Road, designated as Williamsburg Manor Apartments, that the City, pursuant, generally, to the provision of Section 22, Chapter 7, Title XVII, of the Code of the City of Roanoke, 1956, accept for transmission and treatment sewage and other wastes originating on said owner'S property, recommending that such request be granted pursuant to the pro- visions contained in the aforesaid section and in this resolution; in which recommendation this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that th City Manager be, and he is hereby authorized, upon proper application therefor in writing, to enter into written contract with Crystal ~bwers Corporation, owner of certain real estate under development situate partly within and partly without the City's south corporate line, west of Franklin Road, providing for the City's transmission and treatment of said owner's or occupant's sewage and other wastes originating upon or within the area of said owner's property, such contract to be upon standard form as prescribed in Section 22, Chapter 7, Title XVII, of the Code of the City of Roanoke, 1956, and to contain, with respect to so much of said area as is located outside said corporate line, the terms and provisions contained in said section and, in addition, the following express terms and provisions, viz: (a) That the entire cost of constructing the proposed 8-inch sanitary sewer main extending from the City's existing sewer main on Franklin Road, south- west from Willowoak Drive, shall be borne and paid by the aforesaid landowner, and that said sewer main extension shall, after construction in accordance with a pre- liminary plan thereof prepared for Richard Hamlett by David Dick and Harry A. Wall CEOS, dated March 25,1968, a copy of which plan is on file in the Office of the City Clerk, be transferred and conveyed, along with nec:essary easements for opera- tion, maintenance arti repair, to the City of Roanoke, to become a public sanitary sewer line. (b) That said sewer main extension be so constructed as to drain by gravity along existing ground contours to the aforesaid existing public sewer main in Franklin Road,and be constructed in full accordance with the City's require- ments and specifications for sanitary sewer lines and mains. (c) That said owners and developers agree that at such time as the pro- posed new Ore Branch sanitary sewer trunk line is constructed by the City or other public agency and is available for public use, said owners will, at their own expense, make provision for the discontinuance of the discharge from the [~-inch sewer line hereinabove mentioned into the City's Franklin Road sewer main and will connect said 8-inch sanitary sewer line to the new Ore Branch sewer trunk line, ab mentioned. (d) That the area under development by the aforesaid owners be served by the City with water from the City's public water distribution system, at rates of charge as established by general ordinance; and O~ et (e) That the City's charges for transmission and treatment of sewage be, likewise, such as are established by general ordinances of the City. APPROVED ATTEST: / City Clerk May or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, ~]~e 6th day of May, 1968. No. 18151. A RESOLUTION reaffirming a policy of the City with respect to employment of individuals in the City's service. BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby reaffirm the policy of the City heretofore set out in Resolution No. 10628 of the City Council, adopted June 19, 1950, that neither race, color, reli- gion, sex or national origin shall be considered as a prerequisite in ability of any individual to be or to continue to be employed by the City of Roanoke; this resolution in no wise conflicting with the provisions of Section 7 of the Git y Charter. BE IT FURTHER RESOLVED that copies of this resolution be transmitted by the City Clerk to each officer of the City appointed by the City Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 1968. No. 18153. A RESOLUTION stating the Council's intent to provide in the City's 1968- 1969 Budget, effective July 1, 1968, funds sufficient to pay all City and City public school personnel not less than the present minimum wage established by Federal law. BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby state as its intent to, and that it will provide M the City's 1968-1969 Budget, effective on and after July 1, 1968, funds sufficient to pay all City ? 75 and City public school personnel not less than the present minimum wage hereto- fore fixed by Federal law. ATTEST: -':Cit~ Clerk ' APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lSth day of May, 1968. No. 18152. AN ORDINANCE making provision for grant of permission to Total Action Against Poverty in Roanoke Valley, a non-stock corporation, for the construction and operation of certain public swimming pools to be located in Eureka Park, Welford Hurt Park and Washington Park, upon certain terms, conditions and provisions; and providing for an emergency. WHEREAS, the corporate agency hereinabove named as permittee has made application to the Council for permission to construct, operate and maintain, at its sole expense, for public use, certain swimming pools in the public parks hereinafter named, assuring the Council that said agency will be wholly responsibl for the proper construction, maintenance, operation and use of each of said swim- ming pools and pool areas; and has offered to agree in writing to the terms, provisions and conditions of the permit hereinafter set out; and WHEREAS, the Council deeming it essential that in order that said swimming pools be made available for public use at the commencement of the 1968 recreation season and public park program, for the immediate preservation of the public peace, health and safety, an emergency is hereby set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be, and they are hereby authorized, empowered and directed, for and on behalf of the City, and upon proper execution by Total Action Against Poverty in Roanoke Valley of the agreement hereinafter set out, to execute and deliver to said Total Action Against Poverty in Roanoke Valley the City's permit to construct, operate and maintain certain swimming pools and related facilities in the City's Eureka Park, Welford Hurt Park and Washington Park, said permit and the terms, conditions and provisions upon which the same is granted to be in the following form, viz: THIS AGREEMENT, made this the day of , 1968, by and between the CITY OF ROANOKE, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter sometimes referred to as 76 the City, party of the first part, and TOTAL ACTION AGAINST POVERTY IN [IOANOKE VALLEY, a Virginia non-stock corporation, hereinafter sometimes referred to as TAP, party of the second part, W I T N E S S E T H: THAT, in accordance with the terms and provisions of Ordinance No. , adopted by the Council of the City of Roanoke on the day of , 1968, and for and in consideration of the mutual promises and undertakings hereinafter set forth, the parties hereto covenant and agree as follows: 1. That City of Roanoke hereby gives and grants unto Total Action Against Poverty in l~oanoke Valley, party of the second part, authority and permit to occupy and use, for the express purposes hereinafter set out and for no other purposes, the following three parts or portions of certain public parks situate and being in the City of Roanoke, Virginia, more particularly described as follows, to-wit: (a) An approximate 200 by 200 foot area in the northwest corner of Welford Hurt Park, near the former inter- section of 17th Street, S. W., and Westview Avenue, both now abandoned and closed, as shown, generally, on a sketch entitled "Hurt Park, City of Roanoke, Approximate Location for Swimming Pool", dated April, 1968, a copy of which is on file in the Office of the City Clerk; (b) An approximate 200 by 200 foot area on the south side of Washington Park, approximately 200 feet north of Orange Avenue (U. S. Route 460) and east of the Park caretaker's house, as shown, generally, on a sketch entitled "Washington Park, City of Roanoke, Approximate Location for Swimming Pool", dated April, 1968, a copy of which is on file in the Office of the City Clerk; and (c) An approximate 200 by 200 foot area in Eureka Park, approximately 300 feet east of 16th Street, N. W., and 250 feet north of Eureka Circle, as shown on a sketch entitled "Eureka Park, City of Roanoke, Approximate Location for Swimming Pool", dated April, 1968, a copy of which is on file in the Office of the City Clerk; for a term of five (5) years beginning on the 1st day of May, 1968, and ending on the 30th day of April, 1973, if not sooner terminated as hereinafter set out; with the right of either party to terminate this permit at the end of any year upon the giving to the other party of written notice of intention to terminate sixty (60) days prior to the expiration of any year; the parties hereto further expressly agreeing that any holdover, failure to terminate or failure to renew this permit beyond the expiration thereof shall not be deemed to extend or renew the same beyond the date of termination above provided. 2. The parties hereto agree that the within permit for the occupancy and use of the lands described in 1., supra, shall be solely for the purpose of constructing and operating on each said parcel of land and as hereinafter provided, a certain public swimming pool and, as a part of the consideration herein above mentioned, the City agrees to furnish, free of charge, all water necessary for the proper use and operation of each said swimming pool and for drinking purposes, after 77 construction by TAP of all pipes, lines and fixtures necessary to connect said swimming pools to the City's existing water distribution mains and of all necessary drains and sewer lines or connections, all such pipes, lines, drains and sewers to be constructed in accordance with standard plans and specifications, approved by the City. 3. TAP hereby covenants and agrees that it will cause, at its sole expense, a total of three (3) swimming pools to be constructed, one such swimming pool upon each of the several parcels of land described in 1., supra, said construction to be in full compliance with all State laws and municipal ordinances applicable thereto; and agrees, further, to erect, keep and maintain adequate chain link fencing, with lockable gates, around each of the several areas used in connection with said swimming pools, and will take such steps as are necessary to prevent the use of any part of said fenced areas except when the same are under the direct supervision of TAP or its authorized employees, agents or representatives; and TAP further agrees that ea. ch of said swimming pools will be provided with a proper physical plant, including necessary pumping, filtration and water purificati equipment, and all other equipment and materials required by State law or municipal ordinance to be installed and maintained in connection with public swimmin9 pools; and, further, that it will restore to its present condition all ground outside said swimming pool areas disturbed by construction of said swimmin9 pools. 4. With the exception of the City's supply of water for said pools, TAP agrees to furnish and arrange and pay for the cost of all other utilities necessary for the construction and operation of said pools. 5. TAP agrees that it will bear the initial cost of construction of, and will thereafter, throughout the full term of this permit and when the premises described in paragraph 1., supra, are open for public use, provide, keep and maintain in a sanitary state of repair toilet facilities of a type approved by the State Department of Health at the swimming pools to be constructed in Hurt Park and in Eureka Park for the use of the patrons and personnel thereof, the existing toilet in Washington Park to be used jointly by patrons of Washington Park and of the pool to be constructed in said park. 6. TAP agrees that it will, during all phases of the construction of said swimming pools and, thereafter, during its operation of said swimming pools as hereinafter provided, at its sole expense, purchase and maintain in force a policy or policies of public liability insurance with limits of not less than $100,000. for each person, not less than $300,000. for each accident, and of not less than $25,000. for property damage, under which policy or policies of insurance the City of Roanoke, as well as the permittee and/or any other interested party or parties, will be named insured, and certified copies of which policies shall be delivered to the City Clerk, and TAP further agrees that it will indemnify and save harmless the City of Roanoke from any and all claims for damage, wrong or injury, to the person or property of any individual or group in any manner arising from TAP's construction and operation of said swimming pools or due to the existence or physica'. ln~ntln, th~Y~nF n~' thn 78 7. TAP agrees that it will operate said swimming pools, and each of them, at its sole cost and expense, according and subject to the standards and rules of the Virginia Department of Health, and, further, that it will operate said pools subject to all terms and provisions of Chapter 3, of Title VIII, of the Code of the City of Roanoke, 1956, as amended, relating to the City's public parks, and only at such times and within such hours as said public parks are open by the City for public use and recreation; that it will, in such operation, prevent swimming activities from interfering with other activities taking place on adjacent park areas; that, should TAP deem it desirable to operate said pools, or any of them, during hours of darkness, that TAP will provide, at its sole expense, adequate lighting; that it will, when the need arises, but in any event, upon a daily basis, see tO the proper policing of the premises described in paragraph 1., supra, and of the areas adjacent thereto, by the removal and disposition therefrom of any and all litter and trash occasioned by the use of said premises by patrons and personnel of said permittee; and that TAP will, at its sole cost and expense, provide all appropriately qualified personnel necessary for the safe operation of each of said swimming pools and of all activities incidental thereto, throughout the term of this agreement. 8. TAP hereby covenants and agrees that any and all appurtenances or improvements made to or constructed upon the premises described in 1., supra, of a permanent nature, and/or considered under the law as being in the nature of permanent fixtures, will, at the expiration of this agreement, or upon any prior termination thereof, revert to and become the sole property of the City, free and discharged of any lien or encumbrance thereon. 9. TAP, as is evidenced by its execution of this agreement, assures the City of Roanoke that it will, during all phases of the construction and operation of said swimming pools, and in its use of the within described premises, comply with all terms and provisions of Title VI of the Civil Rights Act of 1904, which prohibits discrimination against any individual on the grounds of race, color, or national origin. WITNESS the signatures and seals of the parties hereto on the day and year first hereinabove written: ATTE ST: City Clerk ATTE ST: Secretary CITY OF ROANOKE, By City Manager TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY, By, President BE IT FURTHER ORDAINED that the City Manager be, and he is hereby authorized and directed to require all departments of the City under his administration and control to fully cooperate with and assist in expediting, '79 without actual expenditure of money, the aforesaid permittee's construction of sai swimming pools, to the end that the same be available for public use at the earliest date practicable, this provision, however, to in no wise relieve said permittee of its undertaking and sole responsibility for the construction, maintenance and operation of said swimming pools. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTE ST: J' , ~ · / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 1968. No. 18154. AN ORDINANCE relating to the construction of a public sanitary sewer main and laterals to serve certain properties abutting the same on Orange Avenue, N. E., from Tinker Creek to the present east corporate limits of the City of Roanoke, and on portions of 20th Street, N. E., and 24th Street, N. E., in said City, heretofore authorized to be made by Ordinance No. 17880, one-half (1/2) of the total cost of which is to be assessed against abutting landowners to be served by said improvement; fixing the estimated amounts of the assessments to be made against Said abutting landowners; providing for the docketing of an abstract of this ordinance in the Clerk's Office of the Hustings Court of the City of Roanoke and of the individual assessments against each said abutting landowner; and providing for an emergency. WHEREAS, after public hearings held before the Council, said Council, by its Ordinance No. 17880, authorized and directed the construction of certain sanitary sewer mains and laterals hereinafter described, the cost of which is to apportioned equally between the City and the land owners affected and capable of being served by said improvement, and further, appointed a committee of the whole Council to ascertain and report to the Council, after conducting a public hearing the proper assessment or apportionment of said costs between the City and said landowners; and WHEREAS, the aforesaid committee thereafter held a public hearing on the 13th day of May, 1968, on the question before said committee, which said public hearing was held after publication of notice thereof as provided in §15.1-243 and ~15.1-244 of the Code of Virginia, as amended, at which hearing any landowner wishing to make objection to an assessment or apportionment of said cost was afforded full opportunity to appear in person or by counsel before said committee and state his or her objection; and b~ 8O WHEREAS, the aforesaid committee, upon conclusion of its public hearing has reported to the Council in writing, under date of May 13, 1908, the estimated cost of the aforesaid improvement and the estimated amount or amounts of the individual assessments to be made against each of the abutting property owners capable of being served by said sewer line, apportioning the cost of the aforesaid improvement equally between the City and said abutting owners and has enclosed with its aforesaid written report, marked "Schedule A", an estimate of the total cost of said improvement, an equal apportionment of such cost between the City and said landowners and the estimated amounts of the individual sewer assessments to be made on each abutting owner, showing by list the name of each said owner, a brief description of the properties to be served by said improvement, and the front footage of each of said properties; and WHEREAS, for the usual daily operation of the municipal government, 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 as follows: 1. That said Council doth hereby APPROVE, RATIFY and CONFIRM the written report made under date of May 13, 1968, of the committee heretofore appointed by Ordinance No. 17880 to ascertain and report to the Council the proper apportionment and assessment of the total cost of the public sewer mains and laterals heretofore authorized by said ordinance to be constructed on Orange Avenue, N. E., from Tinker Creek to the present east corporate limits of. the City of Roanoke, and on portions of 20th Street, N. E., and 24th Street, N. E., in said City and does hereby APPROVE, RATIFY, CONFIRM and FIX the estimated individual sewer assessments ascertained and reported to the Council on "Schedule A" incorporated in said committee's report, which is as follows, Block Lot Front Estimated No. No. Owner Footage Assessment to-wi t: South Side Between 13th Street and Light Street Glen Falls Map Glen Falls Map 23 lO&il Turner Advertising Company 80.54 500.57 23 12-15 Walter Jordan 161.08 1,001.13 South Side Between Light Street and Tuck Street Jackson Park & 17 9&lO Lillyview Land 17 ll&12 Company 17 13&14 17 15 17 16&17 Joe Dickerson Rockydale Quarries Corp. J. R. Hancock Tyler Glenn Farley, Jr. Holman Willis, Jr. & Frances Willis Davis 95.07 590.87 80.18 498.33 80.18 498.33 40.09 249.16 80.18 498.33 South Side Between Tuck Street and Walton Street Jackson Park & Lillyview Land Company 18 1-8 18 9 18 10 Holman Willis, Jr., Frances Willis Davis Rockydale Quarries Corp. Blue Stone Block Company 322.48 2,004.26 42.86 266.38 40.31 25O.53 I1 Block No. 18 18 18 18 18 Lot Front No. Own er Foot a,.qe, 11612 Holman Willis, Jr. 6 Frances Willis Davis 13 Rockydale Quarries Corp. 14615 Blue Stone Block Company 16617 Blue Stone Block Company- E. J. Mason 6 John C. Boone 18 E. J. Mason 6 John C. Boone South Side Between Walton Street and 20th Street 80.19 38.02 69.63 60.03 68.44 Estimated Assessmen 498.39 236.30 432.76 373.09 425.36 Jackson Park 6 Lillyview Land Company 19 19 19 19 19 19 19 19 19 19 19 19 18 19-21 22 23 24 25626 27 28 Ann S. Simmons Robert E. 6 Flora R. Reynolds 120 J. W. Mayhew 40 W. E. King 40 Comm. of Va. 6/or S. A. Carter 40 Rockydale Quarries Corp. C. M. Mills Laura A. Hopkins 29-31 Gertrude H. Vandergrift 32-36 Junious E. 6 Lucy J. Fuqua 37 C. M. Mills 38 Elkhorn Valley Grocery Co. lO0 O0 21 07 O7 8O 4O 4O 120 200 4O 57 South Side Between 20th Street and Osborne Street 07 14 07 00 03 05 O1 5 621.51 747 12 249 04 249 04 249 04 498 08 249 04 248 61 746 O0 1,243 34 248 67 357 37 Jackson Park Map 20 Jackson Park Map 20 Jackson Park Map 20 Jackson Park Map 20 Jackson Park Map 20 Jackson Park Map 20 Jackson Park Map 20 21622 Jackson Park Map 20 23 Jackson Park Map 20 24 Jackson Park Map 20 25 Jackson Park Map 20 26 Jackson Park Map 20 27 14 Blue Stone Block Company & E. J. Mason and John C. Boone 15 E. J. Mason 6 John C. Boone 16 J. C. Montgomery 17 Dorothy Ruth Young 18 Ernest Frith 19620 Anna Lee H. Stone Bonnie J. Malcolm O. W. Thomason City of Roanoke H. O. Thomason Ernest Frith Ben P. Frith 42.2 40.04 40 04 40 04 39 78 80 08 80 08 40 04 40 04 40 04 35.8 33.34 262.28 248.85 248.85 248.85 247.24 497.71 497.71 248.85 248.85 248.85 222.50 207.21 South Side Between Vinton Road and Cit.y. Limits J. T. Short Estate Map Pt. 1 Robert L. Short Pt. 2 Robert Lee Short Pt. 3 Grace Short West 99.20 213 192 616.54 1,323.82 1,193.31 North Side West of 20th Street East Gate Map 41 29-36 Raymond A. 6 Mildred L. Naff Acreage Between 20th Street and 24th Street 320.32 1,990.83 East Gate Acreage Acreage 1.429 1.49 2.4778 Charles T. 6 Marie M. 0verstreet Charles E. 6 Nellie G. Langford Red Line Inc. Acrea. g.e Between 24th Street and City Limits Bowie Map 1.20 L. C. 6 Beulah F. Chappell Corner 20th Street 6 Archbold Avenue 100 100 5O 621.51 621.51 310.76 194 1,205.74 East Gate Map 41 67668 Alfred V. 6 Dorothy L. Thomas 80 497.21 2. That the City Clerk be, and is hereby directed forthwith to transmit to the Clerk of the Hustings Court of the City of Roanoke an attested copy of this ordinance, who shall record an abstract thereof in the judgment lien docket in his said office and index the same, as provided in §15.1-247 of the 1950 Code of Virginia, as amended, as being the estimated amounts of the individual sewer assessments hereby made against the individual owners whose names are herein above set out opposite their respective properties. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall 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 13th day of May, 1968. No. 18155. AN ORDINANCE to amend and reordain the Capital Improvement Fund of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Capital Improvement Fund of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL IMPROVEMENT FUND CIP 45 Monterey School Addition (1) ................ $340,273.92 Capital Improvement Program (2) .................... 476,972.41 (1) Net increase ........ $23,027.59 (2) Net decrease--- 23,027.59 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: / /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 1968. No. 18156. AN ORDINANCE to amend and reordain Section ~'45, "Police," of the 1967-68 Annronriation Ordinance. and Drovidin~ for an emerqency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~45, "Police," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE Printing and Office Supplies (1) .................... $ 4,730.00 Office Furniture and Equipment - Replacement (2) .... 1,213.00 (1) Net increase $230.00 (2) Net decrease 230.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: t Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 1968. No. 18157. A RESOLUTION authorizing the City Manager to approve an extension of an existing water main and a metered water connection to certain property located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, the owners and developers of the property hereinafter described, located outside the corporate limits of the City and abutting on certain property of the City located on the northwest line of Edgewood Street, S. W., wherein there is located an existing water main of the City, have made application to the City to extend said water main approximately 220 feet and to have the same and said owners' property connected to the City's water system by a metered water connection and WHEREAS, the City Manager has investigated the application and, in view of the provisions of Resolution No. 16855 of the Council, has referred said applica- tion to the Council for consideration, recommending that said water connections be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, an extension of the City's existing water main in Edgewood Street, S. W. a distance of approximately 220 feet in a southwesterly direction to a new meter to be installed in said street, and to make a single service connection to said new meter to serve certain proposed improvements on a certain 2.04 acre parcel of land situate on the west side of Mud Lick Creek in Roanoke County, westerly of Edgewood 84 Street in the City of Roanoke, as said parcel is shown on Survey for Jack D. Glenn, dated April 15, 1960, prepared by C. B, Malcolm & Son, S. C. E., which said property is owned or proposed to be acquired by Fred P. Bullington and Aylett B. Coleman, all such extension and connection to be made at the sole expense of said property owners and in full compliance with the provisions established for such connections in Rule 38 of the Rules and Regulations for the operation of the City's Water Department, and said water service to be hereafter supplied by the City in accordance with its general rules and regulations and at such rates and charges as are generally provided in such instances. BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by the Council in its Resolution No. 10855. APPROVED ATTE ST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 1968. No. 18158. AN ORDINANCE authorizing and providing for the acquisition of a perpetual easement'containing approximately 225 square feet located on the northerly line of Orange Avenue, N. E., opposite Vinton Mill Road, upon certain terms and conditions, for street purposes; and providing for an emergency. WHEREAS, in the widening and improvement of Orange Avenue, N. E., between 12th Street and the east corporate limits, it is necessary to install a pressure sensitive vehicle detector at the intersection of Orange Avenue and Vinton Mill Road in order to properly control vehicular traffic near said intersection; and WHEREAS, the Council is advised that Red Line, Incorporated, owner of the land abutting said street intersection, has offered to donate and convey to the City a perpetual easement containing approximately 225 square feet sufficient for the aforesaid purpose, for the nominal consideration of $1.00 cash, and for the usual daily operation of the municipal government an emergency is declared to exist in orde~ that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby accept the offer of Red Line, Incorporated to donate and convey to the City a perpetual easement containing 225 square feet, more or less, having dimensions of 15 x 15 feet, lying on the north side of Orange Avenue, N. E., opposite the intersection of Vinton Mill Road, for the purpose of the installation and maintenance of a pressure sensitive vehicle detection device, the location of which 85 is shown in red on a copy of Sheet 9 of the plans for State Highway Project No. 0460-128-102-, R/W 201, a copy of which is on file in the office of the City Clerk; and the City Attorney is hereby directed to prepare and to tender to said owner for execution and delivery back to the City a proper deed of easement and thereafter and upon execution and acknowledgment of said deed, the same shall be offered for recordation in the local Clerk's Office. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: · / City Clerk ~iayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 1968. No. 18160. AN ORDINANCE amending Ordinance No. 16960 and Ordinance No. 17585, providing for the acquisition of a perpetual easement in certain property from Roanoke Iron and Bridge Works, Incorporated, in connection with the City's Route No. 24 Project; and providing for an emergency. WHEREAS, the Council heretofore, by Ordinance No. 16960, authorized th: there be purchased and acquired from the landowner hereinafter mentioned for the sum of $1,901.00 a perpetual easement for a certain public storm drain and/or sewer line within a right-of-way designated as Parcel No. 095 on Sheet 9-B of the plans of the City's State Route 24 Project No. 0024-128-101, RW-201, then understanding said sum to be acceptable to said owner as the purchase price to be agreed upon and paid by the City; and WHEREAS, later, and such acquisition not having been effected, the Council, by Ordinance No. 17585, directed and provided that proceedings be commenced to acquire the aforesaid easement by condemnation and that said sum of $1,901.00 be paid by the City into the court wherein such proceedings were brough' and WHEREAS, condemnation proceedings having been commenced, said owner, through its authorized attorney, has now offered in writing to accept the full sum of $2,064.00 in settlement for the easement needed by the City and of any and all damages claimed or claimable by said owner as a result of the City's construction of its works of improvement on the property of said owner, all such construction having now been completed, and to grant and convey said easement to the City by adequate deed of easement and release of such claims for damage; and the City Attorney has recommended that said owner's offer be accepted; and [~HEREAS, 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 offer to the City of Roanoke Iron and Bridge ;~orks, Incorporated, to grant and convey to the City a perpetual easement for t'he public storm drain right-of-way described as Parcel 095 of the Route 24 (Elm Avenue, S. E.) Project and to release and relinquish all claim to damage as a result of the construction of said storm drain on said owner's property in consideration of the City's payment to said owner of the full sum of $2,064.00, cash, be, and said offer is hereby accepted; and the City Auditor is hereby authorized to issue the City's check payable to said owner in the aforesaid sum upon delivery to the City of a good and sufficient deed of easement and release, approved as to form by the City Attorney. BE IT FURTHER ORDAINED that Ordinance No. 16960 and Ordinance No. 17585, each providing for the City's acquisition of aforesaid Parcel 095 for a considerati of $1,901.00, be, and said ordinances are amended to the extent of the purchase price therein provided. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTE ST: ~..., /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 1968. No. 18162. AN ORDINANCE to amend and reordain Section ~75, "Recreation, Parks and Recreational Areas," of the 1967-68 Appropriation Ordinance, and providing for an emergency. ;~HEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council~ of the City of Roanoke that Section ~75, "Recreation, Parks and Recreational Areas," of the 1967-68 hppropriati, Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: RECREATION, PARKS AND RECREATIONAL AREAS ~75 Fees for Professional and,Special Services (1) ............. $4,250.00 (1) Net increase .... $3,200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: , ,, City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1968. No. 18150. AN ORDINANCE Grantin9 revocable authority to Pure Oil Division of Union Oil Company of California to maintain a certain Gasoline pump island with standinG light fixtures on premises located at the northesst corner of Elm Avenue and 4th Street, S. E., extendinG into the'established arterial highway building setback line along Elm Avenue, or Route 24. WHEREAS, Pure Oil Division of Union Oil Company of California, owner of t~ property or premises hereinafter described, has requested that it be permitted to construct and maintain within the 25-foot buildinG setback line runninG north of the riGht-of-way of Route 24, designated as a major arterial highway on the City's Major Arterial Highway Plan adopted February 15, 1965, by Resolution No. 16274, a Gasoline pump island with standinG light fixtures, and this Council is agreeable to said owner's proposal and is willinG to permit the placement of a Gasoline pump island wi standing light fixtures within the building setback line aforesaid in accordance wit certain plans of the same exhibited to the Council and upon the terms and conditions herein contained; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be and is hereby 9ranted Pure Oil Division of Union Oil Company of California, owner of the premises located at 404 Elm Street, S. E., and beinG Parcel 1, 2 and 3, as shown on a plat made by David Dick and Harry A. Wall, C. E. F= S., dated December 28, 1966, and recorded in the Clerk's Office of the HustinGs Court of the City of Roanoke, Virginia, with deeds in Deed Book 1220, pages 363 and 366, to construct and maintain within the 25-foot wide Major Arterial Highway setback area heretofore established on the north side of Elm Avenue, S. E., a gasoline pump island with standing light fixtures to be located not closer than 12 feet from the north right-of-way of Elm Avenue, S. E., Route 24, and such construction to be made in accordance with plans and details thereof exhibited to the Council, entitled "Pure Oil Company - Layout - 4th Street & Elm Avenue, S. E.," dated February 14, 1967, with the exceptions that the said Gasoline pump island may be located within 1 rather than 15 feet of the north riGht-of-way of Elm Avenue and that the canopy shown in said plans shall not extend into the 25-foot setback area, but instead there shall be only standinG light fixtures over said gasoline pump island, a copy of said plans having been filed with the City Clerk, said structures to be construct ed with approved and permitted building materials and to be properly constructed and 88 safely maintained at the expense of said owner, in accordance with such of the City's building regulations and requirements as are applicable thereto; it to be agreed by the permittee, as evidenced by its execution of an attested copy of this ordinance, that said permittee consents to the provisions hereof 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, and that, upon notice of revocation of this permit contained in ordinance or resolution of this Council, 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 said encroaching gasoline pump island and standing light fixtures at no cost whatever to the City; and 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 Major 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 and standing light fixtures located withi s'aid setback area, or for damages to the residue of said property, by reason of such removal; 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 and occupant or its duly authorized contractor or representative, permitting the aforesaid construction in accordance with the above-mentioned plans, and until an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by authorized officials of said permittee and/or the lawful owner of said property 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. of ACCEPTED and EXECUTED by the undersigned this day , 1968: UNION OIL COMPANY OF CALIFORNIA, PURE OIL DIVISION, (Seal) By Attest: APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1968. No. 18159. AN ORDINANCE authorizing and providing for the City's lease of its 0.275 acre Instrument Landing System site and of its rights in an access road leading thereto to the United States of America, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be, and are hereby authorized and directed, for and on behalf of the City, to execute and deliver to the United States of America, Federal Aviation Administration, the City's lease, made on Standard Government Form FAA-413 (3-60) as Lease No. FA69EA-3183, of the City's 0.275 acre Instrument Landing System site situate on the extended centerline of Municipal Airport Runway 15/33 and, also, the City's rights in a certain easement for an accessway to said site extending southwesterly from Avalon Avenue, N. W., said lease to be for a term of one (1) year, commencin9 July 1, 1968, at a rental of $425.00 per year, payable at the end of the Government Fiscal Year, and with option to the Government to renew said lease from year to year at the aforesaid rental rate through June 30, 1978, and with further option to the Government to renew said lease from year to year from July l, 1978, rent-free, after June 30, 1978; provided that no renewal thereof shall extend the period of occupancy of said property beyond June 30, 1988; said lease to be upon such form as is approved by the City Attorney and to contain provisions adequate to assure performance of any commitments or obligations heretofore formally undertaken by the City with respect to the ownership, occupancy or use of the aforesaid propert APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1968. No. 18161. AN ORDINANCE amending and reordaining Sec. 9. Board of Plumber Examiners - Appointment; composition; term of members., and Sec. 10. Same - Powers and duties., of Chapter 3, Title XV, of the Code of the City of Roanoke, 1956, relating to certai general provisions contained in the City's Plumbing Code. BE IT ORDAINED by the Council of the City of Roanoke that Sec. 9. Board of Plumber Examiners - Appointment; composition; term' of members. , and Sec. 10. Same - Powers and duties., of Chapter 3, Title XV, of the Code of the City of Roanoke, 1956 be, and said sections are hereby amended and reordained to read and provide as follows, respectively, viz: 9O Sec. 9. Board of Plumber Examiners - Appointment; composition; term of members. A board of plumber examiners, to consist of six members, shall be appointed by the city manager, which appointments shall be reported to the council. Such board shall be composed of one plumbing in- spector, two master plumbers, one engineer practic- ing plumbing design, one journeyman plumber, and one resident freeholder of the city. Each member of the board shall be appointed for a term of five years, unless sooner removed for good cause; and the members of the board upon the effec, tive date of this ordinance shall hold office for the re- mainder of the terms for which they were appointed, and may be eligible for reappointment. Sec. 10. Same - Powers and duties. The board of plumber examiners shall issue plwmbers' certificates of qualification to such persons as may be entitled thereto, and conduct examinations for the purpose of determining the competency and knowledge of plumbing and drainage work of persons who are required by this code .to possess such certificates. The board shall file with the department of buildings an accurate record of all examinations given and certificates'issued. The board shall adopt such rules and regu- lations as it sees fit for the proper and efficient discharge of its official duties. It shall determine the character of the examination to be given any applicant. Each board member shall individually review the examination results of the applicant and apply his separate score thereto, based on 100. The average of the scores of each board member shall be determined by the chairman, and if an applicant's average score on any such examination be 75 or more, he shall be declared to have passed the examination; otherwise, to have failed the same. ~qherein this chapter provides that an alternate or equal material, process or method may be Used in lieu of a prescribed material, process or method, the board shall have the authority to determine the quality and sufficiency of any material, process or method proposed as an alternate or equal to such prescribed material, process or method. Any approval given hereunder of a material, process or method allowed by the board as an alternate or equal to a material, process or method prescribed in this code shall be given by the board in duly called meeting with a majority of board members present, shall be recorded in the minutes of such meeting and the decision and description of the alternate or equal shall be made a matter of permanent record in the office of the building commissioner; and shall be filed with the city clerk. APPROVED ATTE ST: . 'City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1968. No. 18163. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act. as viewers in connection with the application of Blue Ridge Transfer Co., Inc., to permanently vacate, discontinue and close that certai portion of Missouri Avenue, N. W., as hereinafter described. WHEREAS, it appearing to the Council of the City of Roanoke, upon the application of Blue Ridge Transfer Co., Inc., that said applicant did on May 6, 1968, that being the first day of a term of the Hustings Court of the City of Roanoke, Virginia, duly and legally publish, as required by §15.1-364, Code of Virginia, 1964 Replacement Volume, as amended, a notice of its application to the Council of the City of Roanoke, Virginia, to close the following portion of Missouri Avenue, N. W.: That portion of Missouri Avenue, N. W., which runs in an east-west direction from the Norfolk and Western Railway (Shenandoah Valley Division) tracks on the west in an easterly direction for a distance of 75 feet. 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, Virginia (Campbell Avenue Entrance), at the Market House (Salem Avenue Entrance), and at 311 Second Street, S. E., as provided by law, all of which is verified by an affidavit of the Deputy Sergeant for the City of Roanoke appended to the application addressed to the Council reque: ing that the hereinabove described portion of Missouri Avenue, N. W., be permanentl vacated, discontinued and closed; and WHEREAS, it appearing to the Council that more than ten days have elapsed since the publication of such proper legal notice, and the Council having considere said application to permanently vacate, discontinue and close the hereinabove described portion of Missouri Avenue, N. W.; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view said portion of Missouri Avenue, N. W., herein sought to be permanently vacated, discontinued and closed and report in writing, as requir by ~15.1-364, Code of Virginia, 1964 Replacement Volume, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virgini that Messrs. A. B. Coleman, R. L. Mastin, Jr., L. Elwood Norris, William M. Harris and Robert K. Rector, any three of whom may act, be, and they hereby are, appointed as viewers to view the aforesaid unopened portion of Missouri Avenue, N. W., and report in writing, pursuant to the provisions of §15.1-364, Code of Virginia, 1964 Replacement Volume, as amended, whether in their opinion any, and, if any, what inconvenience would result from vacating, discontinuing and closing the said portion of Missouri Avenue, N. W., as hereinabove described. APPROVED ATTE ST: /City Clerk Mayor / IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1968. No. 18164. AN ORDINANCE to amend and reordain Section ~83, "Planning Commission," of the 1067-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE BE IT ORDAINED by the Council of the City of Roanoke that Section ~83, "Planning Commission," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PLANNING COMMISSION ~83 Personal Services (1) ............................ $44,552.50 (1) Planner, Grade 25, Step 3 @ $642.00 per month $6,286.50 BE IT FURTHER ORDAINED that, an amergency 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 May, 1968. No. 18165. A RESOLUTION authorizing the City Manager to approve four (4) metered water connections to certain premises located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, a representative of the owners of certain properties hereinafter described, located outside the corporate limits of the City but abutting on existing water mains of the City, has made application to the City to have the said premises connected to the City's water system; and WHEREAS, the City Manager has investigated the application and, in view of the provisions of Resolution No. 16855 of the Council, has referred said application to the Council for consideration, recommending that said water connections be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, metered connections to the City's public water distribution system located in the streets on which the properties abut outside the City's corporate limits, of the four (4) premises or locations described as follows: 93 (a) 3412 Greencliff Road, S. W., designated Lot 11, Block 8, Section 2, according to the Map of Georgetown Park; (b) 3431 Greencliff Road, S. W., designated Lot 8, Block 7, Section 2, according to the Map of Georgetown Park; (c)3463 Greencliff Road, S. W., designated Lot 3, Block 7, Section 2, according to the Map of Georgetown Park; (d) 3477 Old Towne Road, S. W., designated Lot 4, Block 5, Section 1, according to the Map of Georgetown Park; all such connections to be made in full compliance with the provisions established for such connections in Rule 38 of the Rules and Regulations for the operation of the City's Water Department, and said water services to be hereafter supplied by the City in accordance with its general rules and regula! and at such rates and charges as are generally provided in such instances. BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by the Council in its Resolution No. 16855. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL'OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1968. No. 18166. AN ORDINANCE directing and providing for the acquisition of certain parcels of land in fee simple and of certain easements in land wanted and needed by the City for the widening and improvement of a portion of Franklin Road, S. W., (U. S. Route 220), under Project 0220-].28-102, RW-201; fixing the consideration offered to be paid by the City for each said parcel of land and/or easement and other terms and provisions of such acquisition; providing for negotiations for certain options; providing for the City's acquisition of said lands and easements by condemnation, under certain circumstances; authorizin9 the City Attorney to move for the award of a right of entry on each or any of said properties for the purpose of commencing its work of improvement; and providing for an emergency. WHEREAS, in order to provide for the widening and improvement of a portion of Franklin Road, S. W., U. S. Route 220, in accordance with certain plans therefor heretofore approved as Project 0220-128-102, RW-201, the parcel of land hereinafter described, each of which is set out and shown in detail on the plans of the aforesaid project, are amon9 those wanted and needed by the City for the purposes aforesaid, certain of said properties bein9 needed to be acquired in fee simple and the City needing to acquire, in addition, certai easements necessary and sufficient for certain drains and for the proper con- ions WHEREAS, the City has caused appraisals to be made of the fair market value of each of the hereinafter described properties and of said easements necessary for the proper construction of said improvements, on the basis of which the valuations hereinafter set out with respect to each said property have been determined by the Council to be fair and reasonable; and funds sufficient for the payment of the purchase prices hereinafter authorized to be paid have been heretofore appropriated by the Council for the purpose; and WHEREAS, by virtue of certain agreements entered into between the City and the Commonwealth of Virginia, Department of Highways, it is desired and intended by said parties that immediate construction of the aforesaid street improvements be commenced, prior to which it is necessary that the City have acquired a right of entry on each of the hereinafter described properties for the purpose of constructing said public improvements; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as 1. That the said City of Roanoke wants and needs for the purpose of its widening and improvement of a portion of Franklin Road, S. W., U. S. Route 220, and the proper City officials be, and are hereby authorized to acquire for said City from the respective owners of the parcels of land hereinafter described and for the price set out opposite eachsaid parcel, the fee simple title and/or the easements necessary for the proper construction of said street in and to the following described lands situate in the City of Roanoke, Virginia, on or adjacent to Franklin Road, S. W., said parcels of land being described with reference to the City's plans for Project 0220-128-102, RW-201, viz: Parcel 006, being a perpetual easement in an approximate 1100 square foot strip or parcel of land for drain pur- poses, and a temporary construction easement in an additional 817 square foot strip or parcel of land, all in Official Tax No. 1150108, from E. M. Baker, for the total sum of $ 2,323.00 Parcel 023, being 3,320 square feet of land in fee simple and a temporary construc- tion easement in an additional 625 square foot strip or area of land, all in Official No. 1160128, from Elizabeth C. Shoaf, for the total sum of $ 6,334.00 Parcel 026, being 1,700 square feet of land in fee simple and a temporary con.struc- tion easement in an additional 274 square foot strip or area of land, all in Official No. 1160129, from E. J. Harris and lq. E. Poole, for the total sum of $ 3,903.00 Parcel 028 being 1,540 square feet of land in fee simple and a temporary construction easement in an additional 646 square foot strip or area of land, all in Official No. 1280616, from Viking Lanes, Inc., for the total sum of $ 3,025.00 and Parcel 039, being 4,253 square feet of land in fee simple and a temporary construction easement in an additional 1514 square foot strip or area of land, all in Official Nos. 1300501, -02, -03, -04, -05 and 1300506, from Lexter B. Holyfield, for the total sum of $ 8,308.00 Aggregate of all above considerations $23,893.00; 2. That the City Manager be, and he is hereby directed, immediatel to cause to be offered on behalf of the City to the owner or owners of each of the aforesaid parcels of land the consideration hereinabove set out for each said parcel, for said owner's or owners' conveyance to the City of the rights or title needed by the City in each said parcel of land or to negotiate to obtain for the City purchase options to acquire each of the abovedescribed parcels for the purchase prices hereinabove assigned to each respective parcel, and, upon acceptance of any such offer or offers and upon delivery to the City of a good and sufficient deed of conveyance or deed of easement, as the case may be, approved as to form and sufficiency by the City Attorney, the City Auditor be, and he is hereby directed to make payment to each owner or owners so accepting said City's offer of the consideration hereinabove set out with respect to said land, such payment or payments to be made to such persons as are certified by the City Attorney to be entitled to the same; 3. That, should the City be unable to agree with the owner or owners of any of the parcels of land hereinabove set out for the City's purchase of said land or easement therein, as the case may be, or to obtain option to purchase the same as herein provided, the City Attorney is hereby authorized and directed to institute in a court of competent jurisdiction in the City condemnation proceedings to acquire for the City the fee simple titl and/or easement in such land or lands as are hereinabove set out and describe and as the City is unable to acquire by purchase; and 4. That, in instituting or conducting any condemnation proceeding herein authorized to be brought on behalf of the City, the City Attorney is hereby authorized and empowered to make motion on behalf of the City for entry of an order pursuant to the provisions of ~25.-46.8 of the 1950 Code of Vircjinia, as amended, granting to the City a right of entry for the purpose o commencing its public works or improvements on said street; and the City Audi~tor, upon request of said City Attorney shall be, and is hereby authorize, and directed to draw and make payment into such court wherein said con- demnation proceedings may be pending the sum hereinabove authorized to be paid by the City for the respective parcel of land sought to be so acquired in such condemnation proceeding. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be :in force and effect upon its passage. 96 APPROVED ATTEST: / /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1968. No. 18168. A RESOLUTION providing for the appointment of five persons, any three of whom may act, as viewers in connection with the application of Potomac Conference Corporation of Seventh Day Adventists to permanently vacate, discontinue and close a portion of an alley twenty feet in width lying to the north of Lot 26 and the easterly part of Lot 25 and to the south of the westerly portion of Lot liB, Block 7, Section 1, of the Map of Virginia Heights Corporation, and as shown on Sheet 133 of the Tax Appraisal Map of the City of Roanoke, Virginia. WHEREAS, it appears from the application of Potomac Conference Corporatio of Seventh Day Adventists that it did duly and legally post notice of the intended 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 alley and portion thereof and report in writing as required by law, which said portion of said alley desired to be closed is as follows: BEGINNING at a point on the division line between Lots 26 and 27 at the northeasterly corner of Lot 26; thence S. 73 deg. 18' W. 72.14 feet to a point on the northerly side of Lot 25; thence N. 34 deg. 51' E. 32.18 feet to a point on the westerly corner of Lot liB; thence N. 73 deg. 18' E. 46.83 feet to a point on the southerly side of Lot liB; thence south 17 deg. 01' E. 20 feet to the place of BEGINNING. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that Messrs. J. Harry McBroom, Jr., J. Tare McBroom, Dewey H. Marshall, R. R. Quick and C. F. Kefauver, any three of whom may act, be and they are hereby appointed as viewers to view the above described alley sought to be vacated, and 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 the same. APPROVED ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, lq68. No. 18169. AN ORDINANCE to amend and reordain Section ~35, "Hospitalization, of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~35, "Hospitalization," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: HOSPITALIZATION =35 Fees for Professional and Special Services.(1) ....... $190,000.00 (1) Net increase- $10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A P P R 0 V E D ATTEST: // City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1968. No. 18170. AN ORDINANCE to amend and reordain Section ~37, "Public Assistance, of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC ASSISTANCE ~37 Foster Care 50% (1) ..................... $295,000.00 Old Age Assistance 85% (2) .............. 497,500.00 Aid to Permanently and Totally Disabled 85.4%(3) ....................... 280,000.00 Aid to Dependent Children 89%(4) ........ 924,000.00 Aid to Blind 85.4% (5) .................. 36,000.00 (1) Net decrease- (2) Net increase- (3) Net decrease .... (4) Net increase (5) Net increase $20,000.00 47,500.00 20,000.00 44,000.00 1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1968. No. 18171. A RESOLUTION approving the City Manager's written Review of Progress under the City's Workable Program for Community Improvement, made under date of May 27, 1968. 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 of Progress in this respect, made under date of May 27, 1968; and WHEREAS, upon consideration and study of said Report, the Council concurs in the aforesaid Report. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Review of Progress under the City's Workable Program for Community Improvement, made under date of May 27, 1968, by the City Manager, 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 27th day of May, 1968. No. 18172. AN ORDINANCE amending and reordaining subsection (b) of Section 5, Chapter 9.1, Title XIII, of the Code of the City of Roanoke, 1956, relating to housing and hygiene and to the equipment of dwelling units with water closets and lavatory basins; amending and reordaining subsection (c) of the aforesaid section, chapter and title, relating to the equipment of dwelling units with bathtubs or showers; repealing subsection (d) and sub-subsections (1), (2) and (3) thereof, making provision for certain joint use of certain water closets, lavatory basins and bathtubs and showers; and providing for an emergency. WHEREAS, the City Manager has advised the Council of the necessity of makin9 certain amendments of provisions of the Housin9 and Hygiene Ordinance of the City of Roanoke, heretofore adopted as Ordinance No. 17141 on August 1, 1966; and WHEREAS, upon consideration of the proposals, the Council deems an emergency to exist which is hereby set forth, in order that this ordinance take effect upon its passage. THEI~EFORE, BE IT ORDAINED by the Council of the City of Roanoke as follo~ 1. That subsection (b) of Section 5, Chapter 9.1, Title XIII, of the Code of the City of Roanoke, 1956, as amended, be and said subsection is hereby amended and reordained, to read and provide as follows: (b) Every dwellin9 unit shall contain a room which affords privacy to a person within said room and which is equipped with a standard china type flush water closet and a lavatory basin in 9ood workin9 condition and properly connected to a water and sewer system approved by the commissioner of health. 2. That subsection (c) of Section 5, Chapter 9.1, Title XIII, of the Code of the City of Roanoke, 1956, as amended, be, and said subsection is hereby amended and reordained, to read and provide as follows: (c) Every dwellin9 unit shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in 9ood workin9 condition and properly connected to a water ~and sewer system approved by the commissioner of health. 3. That subsection (d) and sub-subsections (1), (2) and (3) of said subsection, in Section 5, Chapter 9.1, Title XIII, of the Code of the City of Roanoke, 1956, as amended, makin9 provision for certain water closets, lavatory basins and bathtubs and showers, be, and subsection (d) and sub-subsections (1), (2) and (3) thereof, are hereby REPEALED. BE IT FURTHER OI~DAINED that, an emergency existing, this ordinance be in effect on its passage. AT TE ST: i ty Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1968. No. 18173. AN ORDINANCE providin9 for the City's acquisition of approximately 6.15 acres of land on the westerly side of Mill Mountain for public park and recreation purposes, upon certain terms and conditions; and providing for an emergency. WHEREAS, Joseph B. Hudgins, and others, owners of the land hereinafter described, have offered in writing to sell and convey the same to the City for the purchase price hereinafter provided, said land adjoinin9 the City's Mill Mountain 100 Park and being wanted and needed by the City as an addition to said Park; and WHEREAS, funds sufficient to pay the purchase price hereinafter provided have been appropriated for the purpose and, for the usual daily operation of the municipal government an emergency if 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 written offer of Joseph B. Hudgins and Doris R. Hudgins, his wife, and Mary R. Pace and E. Claude Pace, Jr., her husband, to sell and convey to the City for a consideration of $3,000.00, cash, upon delivery of a good and sufficient deed of conveyance, that certain triangular tract or parcel of land containing approximately 6.15 acres and being the easterly portion of a certain 17.2465 acre tract of land designated as Official No. 4070506 and as shown on Plan No. 5045, prepared in the Office of the City Engineer under date of May 22, 1967, 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, unpaid current taxes on the 6.15 acre parcel of land so acquired to be, after proper apportionment, abated and released. BE IT FURTHER ORDAINED that, an amergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1968. No. 18174. AN ORDINANCE to amend and reordain Section ~65, "Airport," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT =65 Food, Medical and Housekeeping Supplies (1) ......... $ 4,500.00 Operating Supplies and Materials(2) ................. 2,525.00 (1) Net increase $500.00 (2) Net decrease $500.00 101 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1968. No. 18175. AN ORDINANCE awarding a contract for furnishing and delivering certain bak products to the City Jail, City Nursing Home, and Juvenile Detention Home for the period beginning June 1, 1968, and endin9 May 31, 1969; accepting a bid made therefor; rejecting certain other bids; and providing for an emergency. WHEREAS, advertisement has been made for bids for furnishing and deliverin, certain estimated quantities of bakery products to certain of the City's departments for the period commencing June 1, 1968, and ending May 31, 1969; and WHEREAS, pursuant to said advertisement, four (4) bids were received and opened and read before the Council at its meeting held on May 20, 1968, whereupon said bids were referred to a committee to be tabulated and studied, with report thereon to be made to the Council; and WHEREAS, said committee has reported to the Council its tabulation of said bids and has made report thereon, from all of which it appears to the Council that the bid hereinafter accepted, based upon the estimated quantities of bakery products needed by said departments and at the price at which the same are offered, represent the lowest and best bid made to the City for furnishing the same, the Council having appropriated sums sufficient to pay for the cost of the products proposed and estima to be so furnished; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of Kern's Bakery of Virginia, Inc., to furnish and deliver to the City for its City Jail, City Nursing Home, and Juvenile Detention Home bakery products for the period commencing June 1, 1968, and endin9 May 31, 1969, which said proposal, based on estimated quantities, is for the cost to the City of $5,905.78, net, be, and said proposal is hereby ACCEPTED; and that the City's Purchasing Agent be, and he is hereby authorized and directed to issue requisite purchase orders to the aforesai bidder, during the period aforesaid, for the supply to the City's said departments o the abovementioned bakery products, each said purchase order to be made and filled ry ed in accordance with the provisions herein contained and as set out in said bidder's proposal, and all such bakery products to be furnished in full accordance with the City's specifications made therefor. BE IT FURTHER ORDAINED that the other bids made to the City for the supply of the aforesaid bakery products be, and said other bids are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shal 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 27th day of May, 1968. No. 18176. A RESOLUTION rejecting a bid received for certain alterations to hangar doors and lights at Building No. 4, Roanoke Municipal Airport (Woodrum Field); and directing the readvertisement for bids for such work. WHEREAS, at the regular meeting of the Council held on May 20, 1968, and after due and proper advertisement had been made therefor, one (1) bid for certain alterations to hangar doors and lights at Building No. 4, Roanoke Municipal Airport, was opened and read before the Council, whereupon said bid was referred to a committee for study and for recommendation to be made thereon to the Council; and WHEREAS, said committee has reported to the Council in writing, from which and upon said committee's report it appears that said bid greatly exceeds the City's estimated cost and funds currently set aside for said project and, the Council is of the opinion that said bid should be rejected and that the proper City officials should readvertise this project, and in so doing, make every effort to obtain more bidders for the accomplishment of this work. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the bid of Regional Construction Company, being the only bid made for the work, heretofore received by the City on May 20, 1968, for certain alterations to hangar doors and lights at Building No. 4, Roanoke Municipal Airport (Woodrum Field) be, and the same is hereby REJECTED; the City Clerk to so notify said bidder and express to him the City's appreciation of said bid. BE IT FURTHER RESOLVED that the proper City officials are hereby directed to readvertise said project, and in so doing, make every effort to obtain more bidders for the accomplishment of this work. .I.,03 ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1968. No. 18177. A RESOLUTION designating Total Action Against Poverty in Roanoke Valley as the communitY action agency to administer and carry out community action programs pursuant to Title II-Urban and Rural Community Action Programs, of the Economic Opportunity Act of 1964, as amended by Public Law 90-222. WHEREAS, a public hearing was held before the Council at its meeting on May 20, 1968, after due notice of such public hearing published in a newspaper of general circulation in the City more than lO days prior to the date of such public hearing, on the question of the Council's designation of an agency to serve as the community action agency pursuant to the provisions of Title II of the Economic Opportunity Act of 1964, as amended by Public Law 90-222, at which public hearing it was made to appear to the Council that the non-profit agency or organization hereinafter named has the power and authority and will perform the functions set forth in Section 212 of the aforesaid statute, and is capable of planning, conducting, administering and evaluating a community action program and is currently designated as a community action agency by the Director provided for in said statute. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Total Action Against Poverty in Roanoke Valley, a non-profit, non-governmental organization, chartered under the laws of the Commonwealth of Virginia, be and is hereby designated as the community action agency to plan, conduct, administer and evaluate community action programs undertaken by the City of Roanoke and by said City and other local participating agencies under or pursuant to the provisions of the Economic Opportunity Act of 1964, as amended by Public Law 90-222, said community action agency to exercise the powers and carry out the functions of community action agencies as provided for in Title II-Urban and Rural Community Action Programs of the aforesaid statute; the within designation to be effective immediately and to continue until revocation, if effected, by resolution of this Council. BE IT FURTHER RESOLVED that the City Clerk do transmit attested copies hereof to the Executive Director of Total Action Against Poverty in Roanoke Valley and to the Director of the Office of Economic Opportunity. 104 ATTEST: ~ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1968. No. 18178. A RESOLUTION designating a representative of the Council as a member of the board of directors of Total Action Against Poverty in Roanoke Valley, a community action agency. WHEREAS, the Council has by resolution duly adopted designated Total Action Against Poverty in Roanoke Valley as the community action agency to conduct, administer and carry out community action programs pursuant to the provisions of the Economic Opportunity Act of 1964, as amended by Public Law 90-222 and desires by this resolution to designate a representative of this Council to be a member of the board of directors of such community action agency to represent the City of Roanoke, pursuant to provisions of the aforesaid statute and the by-laws of said community action agency; and WHEREAS, the representative hereinafter named and designated resides in said City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby designate Byron E Haner, Assistant City Manager of the City of Roanoke, as the representative of the Council of the City of Roanoke to serve as a member of the board of directors of Total Action Against Poverty in Roanoke Valley, the Council's duly designated community action agency, for such term of office as is provided by the by-laws of said agency. BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit attested copies of this resolution to Total Action Against Poverty in Roanoke Valley and to the designee herein named. APPROVED ATTE ST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1968. No. 18179. AN ORDINANCE amending and reordaining subsection (b) of Section 3, Chapter 13, Title II, of the Code of the City of Roanoke, 1956, as amended, relatin to certain of the responsibilities and duties of the director of personnel; amending and reordaining Section 4, Chapter 13, Title II, of the Code of the City of Roanoke, 1956, as amended, relating to the personnel board provided for in the aforesaid chapter and title, and providing for an emergency. WHEREAS, proposal has been made to the Council that the membership of the City's personnel board provided for in Chapter 13, Title II of the Code of the City of Roanoke, 1956, as amended, be increased as hereinafter provided and, further, that the director of personnel be required, in the matter of filling original appointments to positions in the classified service and in filling vacancies in such service, to certify to the appointing official the names of the three (3) persons, rather than six (6) persons, standing highest on the eligible list applicable to the position to be filled; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that subsection (b) of Section 3, Chapter 13, Title II, of the Code of the City of Roanoke, 1956, as amended, be, and said subsection is hereby amended and reordain to read and provide as follows: (b) To maintain eligible lists based on such examinations for each class of position in the clas- sified service to which original appointments are to be made and whenever a vacancy in such a poSition is to be filled to certify to the appointing official the names of the three persons standing highest on the eligible list applicable to the position to be filled in the order of their standing on such list, provided that if there are fewer than three names on any such list he shall before certifying any names conduct an examination for such position of which at least ten days' notice shall be given by publication in a daily newspaper of general circulation published in the city and/or other public places and if after such notice and examination there remain fewer than three names on such eligible list he shall certify all such names in the order of their standing. BE IT FURTHER ORDAINED that Section 4, Chapter 13, 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. 4. Personnel board--Appointment; composition; filling vacancies; chairman; quorum; chairman and secretary; compensation. There shall be a personnel board consisting of six qualified voters appointed by the council for a term of two years. Vacancies shall be filled by the council by appointment for the unexpired portion of the term. One member of the board shall always be a member of the classified service selected by the council. The board shall choose one of its members to be chairman. Four members of the board shall constitute a quorum. The director of personnel shall be privileged to attend all meetings of the personnel board and shall act, or designate an employee of the department to act, as secretary of the board; such secretary shall keep a full and accurate record of all proceedings of the board. The members of the board shall serve without compensation. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. 1,06 APPROVED ATTEST: ~ :/~ '~ / City Clerk Mayor IN THE COUNCIL OF T.HE CITY :OF ROANOKE, VIRGINIA, The 3rd .day of June, 1968.. No. 18167. 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. 265, 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 real' property described as a 0.46 acre tract and a. 0.988 acre tract on the south side of Melrose Avenue, Northwest, between 31st Street and 35th Street, and being Official Tax Nos. 2650103 and 2650104, rezoned from C-1, 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 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been.published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 27th day of May, 1968, at 2:00 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. 265 of the Sectional 1966 Zone Map, City of Roanok~ be amended in the following particular and no other, viz.: Property located on the south side of Melrose Avenue, Northwest, between 31st Street and 35th Street, described as a 0.46 acre tract and a 0.988 acre tract, designated on Sheet No. 265 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2650103 and 2650104, be, and is hereby, changed from C-l, Office and Institutional District, to C-2, General Commercial District, and that Sheet No. 265 of the aforesaid map be changed in this respect. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, .The 3rd day of June, 1968. No. 18180. A RESOLUTION authorizing the City Manager to approve three (3) metered water connections to certain premises located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, representatives of the owners of certain properties hereinafte described, located outside the corporate limits of the City but abutting on existing water mains of the City, have made applications to the City to have those premises connected to the City's water system; and WHEREAS, the City Manager has investigated the applications and, in vie of the provisions of Resolution No. 16855 of the Council, has referred said applications to the Council for consideration, recommending that said water connections be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, metered connections to the City's public water distribution system mains hereinafter mentioned on which the properties abut outside the City' corporate limits, of the following described properties or premises, namely: (a) 211 Boxley Road, designated Lot 12, Block 8, according to the Map of North Hills, to be connected to a 2-inch main in Boxley Road or a 6-inch main in Greenway Drive; (b) 4117 Guernsey Lane, N. W., to be connected to an 8-inch water main in Guernsey Lane; (c) 4123 Guernsey Lane, N. W., to be connected to an 8-inch main in Guernsey Lane; such connections to be made in full compliance with the provisions established for such connections in Rule 38 of the Rules and Regulations for the operation of the City's Water Department, and said water services to be hereafter supplied by the City in accordance with its general rules and regulations and at such rates and charges as are generally provided in such instances. BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by the Council in its Resolution No. 16855. APPROVED ATTEST: C4ty Clerk Mayor 107 108 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1968. No. 18181. AN ORDINANCE to amend and reordain Section ~64, "Maintenance of City Property," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MAINTENANCE OF CITY PROPERTY ~64 Maintenance of Building and Property (1) ......... $285,310.04 (1)Refuse Collection and Disposal $43,200.00 Net increase $10,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: /_ ~/~ ~ '-~ ~City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1968. No. 18182. AN ORDINANCE to amend and reordain Section =97, "Overtime Pay and Terminal Leave," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of RoanOke that Section g97, "Overtime Pay and Terminal Leave," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: OVERTIME PAY AND TERMINAL LEAVE ~97 Overtime Pay Under Job Classification (1) ........ $69,100.00 (1) Net increase-- -$4,100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. 109 APPROVED ATTE ST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1968. No. 18183. A RESOLUTION expressin9 appreciation to the Mayor of the City of Wonju, Republic of Korea, for a recent 9ift to the City of Roanoke. WHEREAS, there was presented to the Council of the City of Roanoke at its meetin9 held on May 27, 1968, a 9ift of the Honorable Park Kon Joo, Mayor of the City of Wonju, Korea, made to the City of Roanoke, said §ift consistin9 of two handsomely made silk flags, one bein9 that of the Republic of Korea and one bein9 the fla9 of the City of Wonju, together with flagstaffs and bases with which the same may be displayed; and WHEREAS, this Council deeply appreciates the 9irt of Mayor Park, as an expression of the continuin9 spirit of 9ood will and fellowship between the inhabitants of the cities of Wonju and Roanoke, and intends to preserve the aforesaid flags and to provide for them a suitable place of honor where their beauty may be viewed frequently and enjoyed by the residents of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City of Roanoke accepts the valued 9ift of the HONORABLE PARK KON JO0, Mayor of the City of Wonju, Korea, of a fla9 of the Republic of Korea and a fla9 of the City of Wonju, with flagstaffs and bases for same; and does hereby formally extend to MAYOR PARK this Council's expression of appreciation and gratitude for the handsome 9ift made to this City. BE IT FURTHER RESOLVED that the City Clerk do transmit by airmail to the HONORABLE PARK KON JO0 an attested copy of this resolution. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1968. No. 18184. AN ORDINANCE to amend and reordain Section ~2000, "Schools - Instructio~ of the 1967-68 Appropriation Ordinance, and providin9 for an emergency. 1,10 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~2000, "Schools - Instruction," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - INSTRUCTION g2000 In-Service Training (1) (2) .................... $42,983.00 (1) Net increase - $11,933.00 (2) 100% reimbursed by State BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of June, 1968. No. 18185. AN ORDINANCE to amend and reordain Section ~12000, "Schools - Improvements and Betterments," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~12000, "Schools - Improvements and Betterments," of the 1967-68 Appropriatio Ordinance, be, and the same is hereby, amended and reordained to read a.s follows, in part: SCHOOLS - IMPROVEMENTS AND BETTERMENTS gl2000 Improvements and Betterments (1) ................. $47,877.18 (1) Net increase ....... $2,000.00 BE IT FURTHER .ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mayor 1ll IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1968. No. 18186. AN ORDINANCE to amend and reordain Section =27000, "Schools - Project Act," and Section ~28000, "Schools - Project Second Step," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =27000, "Schools - Project Act," and Section ~28000, "Schools - Project Second Step," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - PROJECT ACT =27000 Personal Services (1)* .......................... $121 130 O0 Supplies (2)* ................................... Health Services * ............................... Travel (3) * Fixed Charges (5)* .............................. Food Services (6)* .............................. Equipment * ..................................... 12 817 O0 3 000 O0 1 77O O0 3 600 O0 43 144 O0 600 O0 2,806 O0 (1) Net increase -- (2) Net increase (3) Net increase (4) Net increase (5) Net increase (6) Net increase ...... * 100% reimbursed by Federal $25,505.00 6,600.00 700.00 450.00 1,275.00 600.00 SCHOOLS - PROJECT SECOND STEP =28000 Personal Services (1) * ......................... $275,026 O0 Supplies (2) *''~s ............................... Health Service ............................... Travel (3) * .................................... Fixed Charges (4) * ............................. Food Services (5) * ............................. Equipment * ..................................... 83 940 O0 3 000 O0 5 475 O0 18 929 O0 3 000 O0 8 001 O0 (1) Net increase (2) Net increase (3) Net increase (4) Net increase (5) Net increase --- *100% reimbursed by Federal $65,068.00 62,240.00 4,400.00 3,562.00 3,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ST: . / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1968. No. 18187. AN ORDINANCE to amend and reordain Section =41000, "Schools - Summer Head 112 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~41000, "Schools - Summer Head Start," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - SUMMER HEAD START =41000 Personal Services (1) ...................... $58,912.00 Supplies (1) ............................... 16,420.00 Transportation Services (1) ................ 5,887.00 Fixed Charges (1) .......................... 4,582.00 Other Costs (1) ............................ 555.00 (1) 100% reimbursed by Federal BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: //City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1968. No. 18188. Mayor A RESOLUTION to state the Council's intent to approve the pay scale of the teachers and other professional personnel of the Roanoke school system as recommended by the Roanoke City School Board for the fiscal year beginning July 1, 1968. WHEREAS, in order to resolve the amount of compensation to be paid to the teachers and other professional personnel of the Roanoke school system at the earliest practicable date so that contracts for the coming year might be negotiated without further delay and so that the recruitment program of teachers might be improved upon, the Council has been requested by the Roanoke City School Board to approve the pay scale of teachers and other professional personnel recently recommended by said School Board for incorporation into the City's 1968-1969 Budget appropriation for public school purposes. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it is the Council's intent to approve and provide in the City's 1968-1969 Budget Appropriation Ordinance the pay scale of the present number of teachers and other professional personnel of the Roanoke school system, as recommended by the Roanoke City School Board to the Council.for the fiscal year beginning July 1, 1968. APPROVED ATTEST: gity Clerk Mayor ll3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1968. No. 18189. AN ORDINANCE to amend and reordain Section =65, "Airport," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 =65 "Airport," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT =65 Operating Supplies and Materials (1) .............. $2,925.00 Operational Equipment - Replacement (2) ........... 330.00 (1) Net decrease .... (2) Net increase--- $100.00 100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: / /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1968. No. 18190. AN ORDINANCE to amend and reordain Section ~66, "Market," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section r66, "Market," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MARKET ~66 Travel Expense and Education (1) ................. $550.00 Printing and Office Supplies (2) ................. 650.00 (1) Net increase $150.00 (2) Net decrease 150.00 BE IT FURTHER ORDAINED th~ an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED 114 IN THE COUNCIL.OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1968. No. 18191. A RESOLUTION authorizing the City Manager to approve a metered water connection to certain premises located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, the owner of the property hereinafter described located outside the corporate limits of the City, abutting on an existing water main of the City, has made application to the City to have the premises connected to the City's water system; and WHEREAS, the City Manager has investigated the application and, in view of the provisions of Resolution No. 16855 of the Council, has referred said applica- tion to the Council for consideration, recommending that said water connection be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, a metered connection to the City's 8-inch water distribution system located in the street on which the property abuts outside the City's corporate limits, of the premises located at 504 Dexter Road, N. W., known as Lot 1, Block 2, according to the Map of Sunnybrook, Section 1, such connection to be made in full compliance with the provisions established for such connections in Rule 38 of the Rules and Regulations for the operation of the City's Water Department, and said water services to be hereafter supplied by the City in accordance with its general rules and regulations and at such rates and charges as are generally provided in such instances. BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by the Council in its Resolution No 16855. APPROVED ITTE ST: ~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1968. No. 18192. A RESOLUTION approving and adopting a certain revision and amendment of portion of the City's Major Arterial Highway Plan, December, 1963. WHEREAS, working in conjunction with representatives of the Virginia Department of Highways, members of the Technical Committee and of the Policy Committ of the Roanoke Valley Regional Plannin9 Commission have developed and proposed a plan hereinafter designated, to revise and amend that portion of the City's Major Arterial Highway Plan, December, 1963, which contemplates and shows a highway grade separation interchange at Orange Avenue and Williamson Road, (U. S. Route 460 and U. S. Routes 11 and 220,) and provide, instead, for an extension of Wells Avenue, N. E., and an interchange therefrom to Orange Avenue, N. E., (U. S. Route 460), all of which is shown on a plan entitled "Change No. 1 to Major Arterial Highway Plan, December 1963, Orange Avenue - 7th Street, N. E., Interchange (Extention of Wells Avenue, N. E.), dated May, 1968", a copy of which plan is on file in the Office of the City Clerk; and WHEREAS, the Roanoke Valley Regional Planning Commission having, after publication of due and proper notice, conducted a public hearing on the aforesaid proposal and revised plan and, upon consideration of the same, having recommended all of the same to the City Council as a revision and amendment of that portion of the City's Major Arterial Highway Plan, December 1963; and WHEREAS, the Roanoke City Planning Commission having, after publication of due and proper notice, conducted a public hearing on the aforesaid proposal and revised plan and, upon consideration of the same, having recommended all of the same to the City Council as a revision and amendment of that portion of the City's Major Arterial Highway Plan, December 1963; and WHEREAS, a public hearing was held before the Council of the City of Roanoke on the 3rd day of June, 1968, after due and proper notice given in accordanc, with the provisions of §§15.1-431 and 15.1-453 of the 1950 Code of Virginia, as amended, at which public hearin9 citizens were given an opportunity to be heard and to present their views regardin9 the aforesaid proposal, and the aforesaid recommen- dations made to the Council by the Roanoke Valley Regional Planning Commission and by the Roanoke City Planning Commission were duly considered; as a result of all of which this Council is of opinion to concur in the aforesaid proposal and recommen- dations. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that that portion of the City's Major Arterial Highway Plan, December, 1963, heretofore approved and adopted by this Council's Resolution No. 16274 on February 15, 1965, which contemplates and shows a highway grade separation interchange at Orange Avenue and Williamson Road (U. S. Route 460 and U. S. Routes 11 and 220), be revised and amended to provide, instead, for a grade separation and an interchange at 7th Street N. E., and Orange Avenue, N. E (U. S. Route 460), and being an extension of Wells Avenue, N. E., from 4th Street, N. E., generally northeasterly along Kimball Avenue, N. E. and 7th Street, N. E., crossing or connecting with ()range Avenue, N. E. (U. S. Route 460), at the aforesaid 7th Street interchange, and continuing, northerly, to again connect with 7th Street, N. E., and Patrick Henry Avenue, N. E., and including Rutherford Avenue, N. E., from Williamson Road to Kimball Avenue, N. E., as the same 115 116 is shown on that certain plan entitled ~'Change No. 1 to Major Arterial Highway Plan, December 1963, Orange Avenue - 7th Street, N. E. Interchange (Extension of Wells Avenue, N. E.), dated May 1968", prepared by the Technical Committee and Policy Committee of the Roanoke Valley Regional Planning Commission in coordination with the Virginia Department of Highways and approved and recommended as aforesaid by said Roanoke Valley Regional Planning Commission and Roanoke City Planning Commis- sion, a copy of which Plan is on file in the Office of the City Clerk; and the City's ~ajor Arterial Highway Plan, December 1963, heretofore approved and adopted by Resolution No; 16274, be, and is hereby REVISED and AMENDED to the extent shown on the aforesaid plan; and said Major Arterial Highway Plan, December 1963, is further amended by deleting therefrom and from Plate 83 thereof the Orange Avenue-Williamson Road grade separation and interchange, between Rutherford Avenue, N. E., and Georgia Avenue, N. E. APPROVED ATTE ST: / / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1968. No. 18193. AN ORDINANCE authorizing the purchase of supplies of liquid chlorine to the City's Water Department and to the Sewage Treatment Plant for certain periods f time, upon certain terms and provisions, by accepting a certain bid made to the ity; rejecting certain other bids; and providing for an emergency. WHEREAS, after due and proper advertisement therefor, eleven (11) bids ere received by the City for supplies of liquid chlorine to be used by departments )f the City hereinafter mentioned, all of which said bids were opened and read before ;he Council at its meeting held on June 3, 1968, and thereafter referred to a committe ~or study, tabulation and report; and WHEREAS, said committee has recommended in writing to the Council the ~cceptance of the bid hereinafter mentioned, it being the lowest and best bid received )y the City and meeting the City's specifications for said supplies, there having )een received by the City two low bids of equal amount, the committee having concluded hat the bid hereinafter accepted constitutes the best bid made to the City for the eason that the point of distribution of the successful bidder is closer in distance o the City, in which recommendation the Council concurs; and funds sufficient for he payment of the purchase price hereinafter authorized have heretofore been appro- riated by the Council for the purpose; and WHEREAS, for the usual daily operation of the municipal government an ~mergency is deemed to exist in order that this ordinance take effect upon its passage THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the proposal of Roanoke Chemical Corporation, Salem, Virginia, to supply liquid chlorine to the City's Water Department in 150 pound cylinders at $.085 per pound, f.o.b. Carvins Cove Filter Plant, Hollins, Virginia, for the period beginning July 1, 1968, and ending June 30, 1969, the same to be shipped by truck in lots of 85 cylinders per shipment, and to supply liquid chlorine to the City's Sewage Treatment Plant in 2,000 pound cylinders at $.0478 per pound, f.o.b. Sewage Treatment Plant, 1402 Underhill Avenue, S. E., Roanoke, Virginia, for the period beginning July 1, 1968, and ending June 30, 1969, the same to be shipped in trucklo lots of 10 cylinders per shipment, as and when ordered by the City Purchasing Agent during the aforesaid period, be, and said proposal is hereby ACCEPTED; and 2. That the City Purchasing Agent be, and he is hereby authorized and directed, for and on behalf .of the City, to issue requisite purchase orders for the supplies of liquid chlorine mentioned 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 chlorine be, and said other bids are hereby REJECTED, the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. 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 10th day of June, 1968. No. 18194. AN ORDINANCE awarding a contract for furnishing and delivering certain dairy products to the City Jail, City Home and Juvenile Detention Home for the perio beginning July 1, 1968, and ending June 30, 1969; accepting a bid made therefor, and rejecting another bid; and providing for an emergency. WHEREAS, advertisement has been made for bids for furnishing and deliverin certain estimated quantities of dairy products to certain of the City's departments for the period commencing July 1, 1968, and ending June 30, 1969; and WHEREAS, pursuant to said advertisement, two (2) bids were received and opened and read before the Council at its meeting held on June 3, 1968, whereupon both said bids were referred to a committee to be tabulated and studied, with report thereon to be made to the Council; and 117 118 WHEREAS, said committee has reported to the Council its tabulation of said bids and has made report thereon, from all of which it appears to the Council that the bid hereinafter accepted, based upon the estimated quantities of dairy products needed by said departments, represents the lowest and best bid made to the City for furnishing the same, the Council having appropriated sums sufficient to pay for the cost of the products proposed and estimated to be so furnished; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proposal of Clover Creamery Company to furnish and deliver to the City for its City Jail, City Home and Juvenile Detention Home dairy products for the period commencing July 1, 1968, and ending June 30, 1969, which said proposal, based on estimated quantities, is for the cost to the City of $5,462.79, net, be, and said proposal is hereby ACCEPTED; and that the City's Purchasing Agent be, and he is hereby authorized and directed to issue requisite purchase orders to the aforesaid bidder, during the period aforesaid, for the supply to the City's said departments of the abovementioned dairy products, each said purchase order to be made and filled in accordance with the provisions herein contained and as set out in said bidder's proposal, and all such dairy products to be furnished in full accordance with the City's specifications made therefor. BE IT FURTHER ORDAINED that the other bid made to the City for the supply of the aforesaid dairy products be, and said other bid is hereby REJECTED; the City Clerk to so notify said other bidder and to express to it the City's appreciatio of said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: C~ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1968. No. 18195. A RESOLUTION authorizing the City's acceptance from the City of Salem, for transmission and treatment, acceptable sewage and wastes from a certain 31.45 acre area of Roanoke County, upon certain terms and conditions 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. 119 WHEREAS, the City has been requested, by Resolution No. 12 of the Council of the City of Salem, adopted on April 8, 1968, to permit the City of Salem to accept from a 31.45 acre area of Roanoke County hereinafter described 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 into between the City of Roanoke and the Town of Salem, now the City of Salem, and, expressly, subject to the provisions of Paragraph 1 (b) of Resolution No. 12949 of this Council; and this Council's committee studying said request has, in its report to the Council dated May 27, 1968, recommended that the 31.45 acre area so proposed be accepted for treatment, but upon the further condition hereinafter set out, in all of which recommendations the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth hereby offer and agree to accept from the City of Salem for transmission and treatment acceptable domestic and commercial wastes originating in the followin described area of Roanoke County, as the same is set out and described as GLENVAR EAST SUBDIVISION, Section 1, in Resolution No. 12 of the Council of the City of Salem, adopted April 8, 1968, and which was heretofore directed to this Council, said area bein9 bounded and described as follows: BEGINNING at a point on the north right-of-way line of State Secondary Route No. 828 and said point being the southeast corner of the Glenvar Elementary and High School Tract north of Interstate Route 81; thence leaving the point of BEGINNING and with the east boundary of the aforesaid school tract and the 100 acre County Part Tract N. 26o 10' W., and also being the west boundary of the Nina Eskay Tract and the west boundary of lands owned by and under purchase agreement to the Mountain Laurel Corporation, in all a total distance of 3,366.00 feet to a point on the center line of Westward Lake Drive; thence with the center line of Westward Lake Drive N. 76o E., 455 feet to a point on the center line of Westward Lake Drive; thence with a line leaving Westward Lake Drive S. 25o 18' E., with the east boundary line of the property of Mountain Laurel Corporation and the property of Manley W. Tobey and being the west property line of the tracts belonging to Hazel H. Basham, John H. Hale, Clyde W. Morgan, Fred Dixon and Mattie Blackwell, in all a total distance of 3,520.56 feet to a point on the north right-of-way line of the aforesaid Route 828; thence with the north right-of-way line of Route 828 and being the south property line of the Manley W. Tobey property as recorded in Deed Book 658, Page 159, and Deed Book 247, Page 153, of the records of the Clerk's Office for the Circuit Court of Roanoke County: S. 46o 27' W., 195.2 feet; S. 7l° 39' W., 52.1 feet; and S. 65o 56' W., 60.1 feet to the southwest corner of the aforesaid Tobey tract; thence continuing with the right-of- way line of State Route 828 and the south boundary of the Nina Eskay Tract as recorded in Deed Book 453, Page 434 and Deed Book 471, Page 363, S. 67o 35'W., 130.6 feet to the point of BEGINNING and being a boundary description of the properties of Nina Eskay, Manley W. Tobey, and Mountain Laurel Corporation, including Glenvar East Subdivision, Section 1, unrecorded, and totaling 31.45 acres, all as shown on a plat prepared by W. H. Ingle, for Mountain Laurel Corporation, under date of February 5, 1968; provided that the current rate of charge to be made by the City of Roanoke to the City of Salem for accepting and t.reating wastes from such area be $52.65 per million gallons of such wastes, to be adjusted from time to time as provided in said contract of October 16, 1953, there to be provided by the City of Salem or by Roanoke County adequate metering facilities for measuring the quantity of such wastes from said new area; the content and quality of wastes from the aforesaid area so accepted by the City of Roanoke for transmission and treatment to be subjec to the provisions of Paragraph 1 (b) of Resolution No. 12949, aforesaid. 120 BE IT FURTHER RESOLVED that the aforesaid contract of October 16, 1953, between the City and the Town of Salem, now the City of Salem, be and is hereby amended to the extent of incorporating therein, but at the rate of charge herein provided, the 31.45 acre area first hereinabove described. BE IT FINALLY RESOLVED that an attested copy of this resolution be promptly transmitted by the City Clerk to the Honorable Mayor of the City of Salem. APPROVED ATTEST: C~ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of June, 1968. No. 18197. A RESOLUTION authorizing the City Manager to approve an extension of mains and metered water connections to a certain new residential subdivision and the lots located therein, outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, Fralin and Waldron, Inc., the owner and developer of the property hereinafter described, located outside the corporate limits of the City and abutting on existing 8-inch water mains of the City, has made application to the City to extend water mains into its new residential subdivision known as Section No. 4, Montclair Estates, and to have the same and the 120-odd lots located in said subdivision connected to the City's water system; and WHEREAS, the City Manager having investigated the application has, in view of the provisions of Resolution No. 16855 of the Council, referred said application to the Council for consideration, recommending that said water connections be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, an extension of the City's water distribution system into and to serve the subdivision known as Section No. 4, Montclair Estates, the property of Fralin and Waldron, Inc., in Roanoke County, with metered water connections to the City's water system of the 120-odd lots shown on a certain map of said subdivisiol dated January 2, 1968, and recorded in Plat Book 7, page 10, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, such extension and all such connections to be made only after the plans for the water distribution system within said new subdivision and for its connection with the City's existing water mains have been duly approved by the Water Department Manager and proper contracts and agreements entered into with said developer and with the various lot owners, the same to be done in full compliance with the provisions established for such connections in Rule 38 of the Rules and Regulations for the operation of the City' iWater Department, and said water services to be hereafter supplied by the City in accordance with its general rules and regulations and at such rates and charges as are generally provided in such instances. BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by Council in its Resolution No. 16855. ATTEST: / City Clerk APPROVED Mayor 'IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 10th day of June, 1968. No. 18198. AN ORDINANCE to amend and reordain Section =89, "Capital," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~89, "Capital," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL =89 Route 460 Widening from 12th Street to East Corporate Limits (1) .................................. $259,649.21 (1) Net increase $202,846.95 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 17th day of June, 1968. No. 18196. AN ORDINANCE dedicating certain public property for open space and park and recreational purposes; and providing therefor the name EAST GATE PARK. '122 WHEREAS, the City has heretofore by various and sundry deeds of conveyance, dedications and other instruments acquired the title to various and sundry lots, tracts and parcels of land along one or both sides of portions of Tinker Creek as hereinafter described, all of said land being situate in the north- east area of the City known as East Gate and extending for a short distance outside the northeast corporate line into Roanoke County, a portion of which said land is, at the present time, being used for necessary sanitary landfill purposes of the City; and WHEREAS, residents of the area, members of the East Gate Civic League and other interested public officials and citizens have, in past years, taken great interest in the development of the area along Tinker Creek, so as to make the same more usable for public park and recreational purposes and have, on various occasions made organized efforts to clear, clean and otherwise beautify said areas of land; an, WHEREAS, a sizable portion of said land was acquired by the City in the first place for purposes of a public sanitary landfill and, later, for open space and public park and recreational purposes, some portions of which are at this time still being used for the City's landfill operations; and WHEREAS, the Council is conscious of the need for the establishment of a public park and recreational area in the East Gate section of the City and deems the land hereinafter described suitable for such purpose, and the City Plannin Commission, to which the proposal has heretofore been referred, has recommended in writing to the Council that the public park and recreational area be established as proposed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follow That there is hereby established for open space and public park and recreational purposes, 'subject to the provisions hereinafter contained, all that certain area or boundary of land situate in the northeast section of the City along Tinker Creek and extending outside the northeast corporate limits into Roanoke County, more particularly described as follows: BEING all of the land now owned by the City of Roanoke abutting or running to the center line of Tinker Creek, extending northerly from the north corporate limits of the Town of Vinton to and be- yond the northeast corporate limits of the City of Roanoke in the vicinity of Mason Mill Road, N. E., including all of the approximate 6-acre mill and damsite lying on the north side of Mason Mill Road and on both sides of Tinker Creek, a major portion of which 6-acre tract lies in Roanoke County; in- cluding, also, all of the land heretofore acquired by the City for the purpose of the East Gate Land- fill and including, also, a small portion of land lying south of Mason Mill Road, N. E., and east of 20th Street, N. E., Extended, and the strip of land lying between Mason Mill Ro~, N. E., and Tinker Creek, between the Mason Mill Road bridge over Tinker Creek and the bridge on 13th Street, N.' E., Extension, and the City-owned property abutting the west side of 13th Street Extension between Mason Mill Road and Tinker Creek; EXCEPTING, however, from the aforesaid City-owned land being now so dedicated for open space and public park and recre- ational purposes the 2.0-acre Tinker Creek School property situate on the west side of Mason Mill Road, N. E.; The area of land being hereby set aside and dedi- cated as aforesaid being shown colored in green and orange on a certain sketch or topographic plan attached to a written committee report made to the Council under date of May 31, 1968, which said re- port and plan are on file in the Office of the City 123 BE IT FURTHER ORDAINED that no interfering park or recreational develop- ment be made on nor interfering public park or recreational use be made of that certain portion of the abovedescribed City-owned land which was heretofore acquired and is being used by the City for sanitary landfill operations, shown colored in orange on the aforesaid plan, so long as the City continues the operation of a sanitary landfill at said location. BE IT FURTHER ORDAINED that the property herein dedicated for the aforesai, public uses and purposes be and is hereby incorporated into the City's public park system, to be hereafter known and referred to as East gate Park; and that said property be placed under the management of the City Manager and the City's Departmen of Parks and Recreation for purposes of management, operation and control. APPROVED ATTE ST: ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1968. No. 18200. AN ORDINANCE to amend and reordain Section =65, "Airport," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT ;*65 Motor Fuel and Lubricants - Resale (1) ....................... $185,000.(~ (1) Net increase-- $25,000.00 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 17th day of June, 1968. No. 18201. AN ORDINANCE to amend and reordain Section ~65, "Airport," of the 1967-68 124 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectior ~65, "Airport," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT ~65 Fees for Professional and Special Services (1) ............. $ 300.00 Operating Supplies and Materials (2) ....................... 3,025.00 (1) Net increase $ 300.00 (2) Net decrease ................ $ 300.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: City Clerk APPROVED ~tayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1968. No. 18202. AN ORDINANCE amending and reordaining Sec. 4, Chapter 1, Title XIX, of the Code of the City of Roanoke, 1956, relating to investigations and hearings on applications for certificate of public convenience and necessity for the operation of certain public vehicles in the City; and providing for an emergency. WHEREAS, the City Manager has recommended that certain clarification and changes be made in the provisions contained in Sec. 4, Chapter 1, Title XIX, of the Code of the City of Roanoke, 1956, as the same relate to applications for certificate of public convenience and necessity for the operation of for-hire auto- mobiles, taxicabs and other public vehicles in the City and of the notice required to be given by such applicants, in which recommendations the Council concurs; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 4, of Chapter 1 Taxicabs and other vehicles for hire, of Title XIX. Transportation, of the Code of the City of Roanoke, 1956, be and said section is hereby amended and reordained to read and provide as follows: Sec. 4. Same--Application. Application for certificate of public convenience and necessity shall be made to the city manager and shall set forth the name and address of the applicant, the trade name under which the applicant does, or pro- poses to do business, where proposed stands and garages are to be located, the number of vehicles the applicant desires to operate, the class, seating capacity, design, color scheme of each vehicle, and the lettering and marks 125 to be used thereon, whether the applicant has been convicted of the violation of any state or municipal law and an agreement or stipulation that the applicant will operate and continue to operate during the period of time the certificate shall remain in effect, and any other information required by the city manager. Notice of such application and of the time, place and date fixed by the city manager for consideration thereof and a hearing thereon shall be published by and at expense of the applicant twice in a newspaper of general circulation, published in the city, such publications to appear within 15 days prior to the date of hearing and to be not less than 6 days apart. BE IT FURTHER ORDAINED th~ an emergency existing, this ordinance be in full force and effect from and after its passage. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1968. No. 18203. A RESOLUTION authorizing the City Manager to approve three (3) metered water connections to certain premises located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, the owners of certain properties hereinafter described, located outside the corporate limits of the City but abutting on existing water mains of the City, have made application to the City to have those premises connected to the City water system; and WHEREAS, the City Manager has investigated the applications and, in view of the provisions of Resolution No. 16855 of the Council, has referred said applica- tions to the Council for consideration, recommending that said water connections be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, metered connections to the City's public water distribution system locat, in the streets on which the properties abut outside the City's corporate limits, of two (2) premises or locations on Ashmeade Drive, S. W., and one (1) location on Cove Road, N. W., namely: (a) 3411 Ashmeade Drive, S. W., known as Lot 20, Block 8, Section 2, according to the Map of Georgetown Park, to be served by a 4-inch water main in Ashmeade Drive; (b) 3419 Ashmeade Drive, S. W., known as Lot 19, Block 8, Section 2, according to the Map of Georgetown Park, to be served by a 4-inch water main in Ashmeade Drive; and (c) 3416 Cove Road, N. W., to be served by a 12-inch water main in Cove Road; 126 all such connections to be made in full compliance with the provisions established for such connections in Rule 38 of the Rules and Regulations for the operati6n of the City's Water Department, and said water services to be hereafter supplied by the City in accordance with its general rules and regulations and at such rates and charges as are generally provided in such instances. BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by Council in its Resolution No. 16855. APPROVED ATTEST: / Ci/ty Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1968. No. 18204. AN ORDINANCE authorizing the City's execution of an agreement with Norfolk and Western Railway Company providing a right to the City to lay, maintain and operate a certain electric power line in conduit under and across said Company's property, to provide electrical service for the City's Transportation Museum, in Wasena Park; and providing for an emergency. WHEREAS, in order to provide more adequate electrical service in the City's Transportation Museum, in Wasena Park, the City has proposed to have constructed and installed a new electric power line in conduit, under and across the land and the railroad tracks of Norfolk and Western Railway Company at the location herein- after described, and said Company has offered to grant to the City the right so to do, as a donation and without payment of monetary consideration, upon the City's acceptance and agreement to the terms of the written license hereinafter mentioned; and WHEREAS, for the usual daily operation of the municipal government an emergen is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be, and they are hereby authorized and empowered on behalf of the City to execute, in the name of the City, a certain written agreement in the form of a lease, on standard Form S. ~ C. 1 of said Company, granting to the City the right to lay, maintain and operate electric wires in conduit under and across the land and under the tracks of said Company at its Mile Post 5~4915 feet, ~, in the City of Roanoke, on the Roanoke Terminal Division of said Company, as shown on Plan N-30352-A, dated April 22, 1968, which said agreement shall provide, inter alia, that the City will pay the entire expense of placing said conduit under said land and tracks, and will keep said conduit in good 'repair; that the 127 arising out of the City's exercise of the privileges under said agreement; that the license shall be terminable by either party on thirty (30) days written notice to the other party; and that the privilege afforded by said agreement has a fair market value of $30 for its initial term of one year and of $5 per year for each additional term; said agreement to be upon such form, otherwise, as is approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED AT TE ST: C~ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1968. No. 18205. A RESOLUTION approving the removal of two existing parking meters located on the south side of Wells Avenue, N. E. WHEREAS, the City Manager has, pursuant to the provisions of Section 87, Chapter 1, Title XVIII of the Code of the City of Roanoke, 1956, notified the Council in writing of the proposed removal of two parking meters on the south side of Wells Avenue, N. E., between the loading dock entrance and the garage entrance to Hotel Roanoke, in order that a two-space loading zone be established at this locatio for loading and unloading purposes, and has requested the Council's prior approval of said changes. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth approve the removal by the City Manager of parking meters No. 12A and No. 13A located on the south side of Wells Avenue, N. E., between the loading dock entrance and the garage entrance of Hotel Roanoke, and that the two-space area formerly occupied by the parking meters be designated a Loading Zone. ATTE ST: /CitY Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1968. No. 18206. AN ORDINANCE amending Ordinance No. 14300, adopted January 3, 1961, relatino to the Citv's Job Classification and Pav Plan. bv the addition of il 128 section relating to review of employees' performance and advancement of employees within their pay scale; and providing for an emergency. WHEREAS, a committee of the Council having recommended in writing under date of June 3, 1908, certain revision of the rules contained in Ordinance No. 14300, adopted January 3, 1901, governing the periodic review of the performance of City employees in the positions of their employment under the classified Pay Plan of the City, and the advancement in pay of said employees, in which report and recommendations the Council concurs; and WHEREAS, for the usual daily operation of the municipal government and in order that the provisions herein contained take effect immediately, an emergency is hereby set forth and declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 14300, adopted January 3, 1961, relating to the City's Job Classifi- cation and Pay Plan, be and said ordinance is amended by the addition of a new section, to be numbered section 14, to read and provide as follows: 14. Notwithstanding any other provision of this ordinance, an employee of the City under the classified pay plan may be reviewed after six (6) months initial employment and his eligibility for a one step increase may be established. Thereafter, at least one year's service shall have been completed in a step before advancement to the next higher step. This policy shall supersede any provisions of the City pay plan of January 3, 1961, as may be in conflict herewith. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTE ST: ~' -~--~/'~ '~-v--~..-~-~---/c/ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1968. No. 18207. A RESOLUTION appointing two persons to meet, as representatives of this Council, with similar representatives of the other three governmental subdivisions in the Roanoke Valley area to make certain studies and recommendations. BE IT RESOLVED by the Council of the City of Roanoke that Vincent S. Wheeler and James E. Jones be, and are hereby appointed as representatives of this Council on a joint committee to be composed of similar representatives of the Board of Supervisors of Roanoke County, the Council of the City of Salem and the Council of the Town or Vinton, to make studies and recommendations which could lead to development of a plan, or plans, and proposal of the means by which may be accom- plished greater unification of local governmental units in the Roanoke Valley area. II 129 BE IT FURTHER RESOLVED that the City Clerk do forthwith transmit an attested copy hereof to the presiding officer of each aforesaid governing body. APPROVED ATTEST: ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1968. No. 18208. AN ORDINANCE to amend and reordain Section =85, "Electoral Board," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~85, "Electorial Board," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: ELECTORIAL BOARD ~85 Fees for Professional and Special Services (1) .......... $13,675.00 (1) Net increase $650.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATT E ST: ~City ~l'erk - APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1968. No. 18209. AN ORDINANCE offering and providing for the payment of a certain cash reward; and providin9 for an emergency. WHEREAS, the Council and this community view with a sense of shock and deep concern the commission of the criminal act or acts reported committed in the Cit in the early morning hours of June 15, 1968, when a person or persons did feloniously shoot into an occupied dwelling located at ~1619 Grayson Avenue, N. W.; and the Council desires that there be promptly brought to justice the person or persons responsible for said act or acts; and 130 WHEREAS, a sum sufficient to pay the reward herein offered has been appropriated by the Council for the purpose and, for the immediate preservation of the public peace and safety an emergency is declared to exist so that this ordinance may take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that there is hereby posted and offered to be paid by the City the cash sum of $500.00 as a reward to the person, other than a member of the City's Police Department or the sheriff or a deputy sheriff of Roanoke County, Virginia, first hereafter furnishing to police authorities information directly leading to and responsible for the later arrest and final conviction of the person or persons responsible for feloniously shooting into an occupied dwelling located at ~1619 Grayson Avenue, N. W.., on June 15, 1968. BE IT FURTHER ORDAINED that the City Council expressly reserves the sole right to determine the person or persons to whom the aforesaid reward shall be paid, upon any claim for payment of the same being made to the City; and BE IT FURTHER .ORDAINED that the City Manager do cause appropriate publication to be made and publicity given of notice of the offering and posting of the aforesaid reward; and BE IT FINALLY ORDAINED that, an emergency existing, this ordinance 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 19th day of June, 1968. No. 18210. A RESOLUTION relating to the late W. Frank Chapman. WHEREAS, the members of this body, together with all other citizens of the Roanoke Valley area, learned with the deepest regret of the sudden passing, on June 18, 1968, of W. Frank Chapman, City Manager of the City of Salem, shortly prior to an official meeting in which he was to participate; and WHEREAS, Mr. Chapman, in his more than forty-three years of devoted and effective service to the Salem community as clerk and treasurer of the Town of Salem from 1925 until 1943, as Town Manager of the Town of Salem from 1943 until 1968, and as City Manager of the City of Salem from the time of its incorporation as a city on January 1, 1968, until his passing, had given to his community his uric'easing efforts and boundless energy in furthering the growth and development of the State's largest town into a city of the first class; and 131 WHEREAS, in his dedication to his community and its government he display- ed the highest quality of public service and represented allegiance to the principle of sound government and devotion to the people whom he served and who looked to and depended upon him for leadership and direction and, in so doing, became, in him- self, a landmark among public servants of the Commonwealth of Virginia. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby enters upon its records the Council's regret in the passing of W. FRANK CHAPMAN, City Manager of the City of Salem and extends to his widow and to the members of his family sympathy in the time of their bereavement. BE IT FURTHER RESOLVED that an attested copy hereof be transmitted by the City Clerk to Mrs. Wilma Cross Chapman, and that another copy be transmitted to the Mayor of the City of Salem. ATTE ST: y Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1968. No. 18199. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 121, Sectional 1966 ~..one 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 north side of Patterson Avenue, S. W., between Thirteenth Street and Fourteenth Street, described as Lot 9, and part of Lot 10, Block 6, West End and River View, Official Tax No. 1212713, rezoned from RG-2, General Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RG-2, General Residential District, to C-2, General Commercial District; and WHERE~S, the written notice and the posted sign required to be published a 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 17th day of June, 1968, 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 132 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 X¥, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 121 of the Sectional 1966 Zone Map, City of Roanoke be amended in the -following particular and no other, viz.: Property located on the north side of Patterson Avenue, S. W., between Thirteenth Street and Fourteenth Street, described as Lot 9, and part of Lot 10, Block 6, West End and River View, Official Tax No. 1212713, designated on Sheet 121 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1212713, be, and is hereby, changed from RG-2, General Residential District, to C-2, General Commercial District, and that Sheet No. 121 respect. APPROVED ATTEST: /City Clerk of the aforesaid map be changed in this Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1968. No. 18211. AN ORDINANCE authorizing and directing t~e Mayor of the City of Roanoke and the City Clerk, for and on behalf of the City of Roanoke, Virginia, t~ enter into and execute an Agreement with the City of Roanoke Redevelopment and Housing Authority for ~00 units of Low Rent Housing to be erected in the City of Roanoke; and providing for an emergency; and WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate hoasing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and WHEREAS, the United States Housing Act of 1937, as amended, provides that there shall be local determination of need for low-rent housing to meet needs not being adequately met by private enterprise; and WHEREAS, low-rent housing is needed to assist in meeting the housing goal of this locality; and WMEREAS, the application of t~ City of Roanoke Redevelopement and Housing Authority as required by said United States Housing Act, was heretofore approved by the Council of the City of Roanoke on February 26, 1968; WHEREAS, it is the desire of the Governing Body of this locality that a Cooperation Agreement be entered into providing for local cooperation in connection with such low-rent housing projects; and 133 WHEREAS, for the immediate preservation of the public health and safety 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 Mayor is hereby authorized and directed to execute a cooperation agreement on behalf of the City of Roanoke with City of Roanoke Redevelopment and Housing Authority with respect to the provision of approximately 600 units of low-rent housing in said City, and the City Clerk is hereby authorized and directed to affix or impress the official seal of the City of Roanoke thereon and to attest the same, said cooperation agree- ment to be in the following words and figures, VIZ: COOPERATION AGREEMENT This agreement entered into this day of , 1968, by and between City of Roanoke Redevelopment and Housing Authority (herein called the "Local Authority") and City of Roanoke (herein called the "Local Government"). WITNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreement: (a) The term "Project" shall mean any low-rent housing hereafter de~veloped a.s an entity by the Local Authority with financial assistance of the United States of America acting by and through the Department of Housing and Urban Development (herein called "HUD"), and included within any Program Reservation issued to the Local Authority by HUD, which in the aggregate, may not exceed 600 units of Iow-rent housing; excluding, however, any low-rent housing project covered by any Contract for loans and annual contributions entered into between the Local Authority and HUD (or any predecessor agency of HUD), prior to the date of this Agreement. (b) The term "Taxing Body" shall mean the State or any political sub- division or taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to ~ levied for its use and benefit with respect to a Project if it were not exempt from taxation. (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and non-dwelling rents (excluding all other income of such Project), less the cost to the Local Authority of all dwelling and non-dwelling utilities. (d) The term "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrange- ment or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. e The Local Authority shall endeavor (a) to secure a contract or contracts with HUD for loans and annual contributions covering one or more Projects comprising approximately 600 units of low-rent housing and (b) to develop and administer such Project or Projects, each of which shall be located within the corporate limits of the Local Government. The obligations of the parties hereto shall apply to each such Project. e (a) Under the constitution and statues of the Commonwealth of Yirg~ ia, all Projects are exempt from all real and personal property taxes levied or imposed by any Taxing Body. With respect to any Project so long as either (i) such Project is owned by a public body or governmental agency and is used for low-rent housing purposes, or (ii) any contract between the local Authority and HUD for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project, or any monies due to HUD 134 in connection with such Project remain unpaid, whichever period is the ldngest, the Local Government agrees that it will not levy or impose any real or personal property taxes upon such Project or upon the Local Authority with respect thereto. During such period, the Local Authority shall make annual payments (herein called "Payments in Lieu of Taxes") in lieu of taxes and in payment for the public services and facilities furnished from time to time without other cost or charge for or with respect to such Project. (b) leach such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Project,- and shall be in an amount equal to either (i) ten percent (10%) of the Shelter Rent charged by the Local Authority in respect to such Project during such fiscal year or (ii) the amount permitted to be paid by applicable state law in effect on the date such payment is made, whichever amount is the lower. (c) No payment for any year shall be made to the Local Government in excess of the amount of the real proPerty taxes which would have been paid to it for such year if the Project were not exempt from taxation. (d) Upon failure of the Local Authority to make any Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. The Local Government agrees that, subsequent to the date o'f initiation (as defined in the United States Housing Act of 1937) of each Project and within five years after the completion thereof, or such further period as may be approved by HUD, t.here will be elimination (as approved by HUD) by demoli- tion, condemnation, effective closing, or compulsory repair or improvement, of unsafe or insanitary dwelling units situated in the'locality or metropolitan area of the Local Government substantially equal in number to the number of newly constructed dwelling units provided by such Project; Provided, that, where more than one family is living in an unsafe or insanitary dwelling unit, the elimination of such unit shall count as the elimination of units equal~ to the number of families accommodated therein; and Provided, further, that this paragraph 4 shall not apply in the case of (i) any Project developed on the site of a Slum cleared subsequent to July 15, 1949 and that the dwelling units eliminated by the clearance of the site of such Project shall not be counted as eliminati, on for any other Project or any other low-rent housing Project, or (ii) any Project located in a rural non-farm area. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (i) such Project is owned by a public body or governmental agency and is used for low-rent housing purposes, or (ii) any contract between the Local Authority and HUD for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to HUD in connection with such Project remain unpaid, whichever period is the longest, the Local Government, without cost or charge to the Local Authority or the tenants of such Project (Other than the Payments in Lieu of Taxes and charges for water, sewage treatment and disposal services), shall: (a) Furnish or cause to be furnished to the Local Authority and the tenants of such Project public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Local Government; (b) Vacate such streets, roads and alleys within the area of such Project as may be necessary in the development thereof, and.convey without charge to the Local Authority such interest as the Local Government may have in such vacated areas; and, insofar as it is lawfully able to do so without cost or expense to the Local Authority or to the Local Government cause to be removed from such vacated areas, insofar as it may be necessary, ail public or private utility lines and equipment; (c) Insofar as the Local Government may lawfully do so, (i) grant such deviations from the building code of the Local Government as are reasonable and necessary to promote economy and efficiency in the devel clement and administratim of such Project, and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection of such Project and the surrounding territory; (d) Accept gr.ants of easements necessary for the development of such Project: and 135 (e) Cooperate with the Local Authority by such other lawful action or ways as the Local Government and the Local Authority may find necessary in connection with the development and administration of such Project. In respect to any Project the Local Government further agrees that within a reasonable time after receipt of a written request therefor from the Local Authority: (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, at is own expense, has completed the grading, improve- ment, paving, and installation thereof in accordance with specifications acceptable to the Local Government; (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto (in consi- deration whereof the Local Authority shall pay to the Local Government such amount as would be assessed against the Project site for such work if such site were privately owned); and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the Local Government such amount as would be assessed against the Project site for such work if such site were privately owned). If by reason of the Local Government's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or cause to be furnished to the Local Authority or to the tenants of any Project, the Local Authority incurs any expense to obtain such services or facilities, then the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes Uue or to become due to the Local Government in respect to any Project or any other low-rent housing Projects owned,or operated by the Local Authority. No Cooperation Agreement heretofore entered into between t, he Local Government and the Local Authority shall be construed to apply to any Project covered by this Agreement. So long as any contract between the Local Authority and HUD for loans (in- cluding Preliminary Loans) or annual contributions, or both, in connection with any Project shall remain in force and effect, or so long as any bonds issued in connection with any Project or any monies due to HUD in connection with such Project remain unpaid, this Agreement shall not be abrogated, changed or modified without the consent of HUD. The privileges and obligations of the Local Government hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is ~eld by the Local Authority or any other public body or governmental agency, including HUD, authorized by law to engage in the development or administra- tion of low-rent Housing Projects. If at any time the beneficial title to, or possession of, any Project is held by such other public body or govern- mental agency, including HUD, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental a~ency including HUD. IN WITNESS WHEREOF,. the Local Government. and the Local Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of the day first above written. City of Roanoke (Corporate Name of ~lunicipality) (SEAL) By, (Mayor) ATTEST: (SEAL) (Title) CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY (Corporate Name of Authority) By Chairman 136 ATTEST: Secret ar y-Tre as urer 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 24th day of June, 1968. No. 18212. AN ORDINANCE providing for the City's acquisition of three (3) lots of land, designated Official No. 4041136, containing approximately 0.214 acre on the northwesterly side of Mill Mountain, for street and public park and recreational purposes, upon certain terms and conditions; ann providing for an emergency. WHEREAS, Edward A. Marietta and Jean P. Marietta, owners of the land hereinafter described, have offered in writing to sell and convey the same to the City for the purchase price hereinafter provided, said land adjoining the City's Mill Mountain Park and being 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 appropriated for the purpose and, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the written offer of Edward A. Marietta and Jean P. Marietta to sell and convey to the City for a consideration of $700.00, cash, upon delivery of a good and sufficient deed of conveyance, those three (3) certain lots of land containing approximately 0.214 acre, known and described as Lots 7, 8, and 9, Section 3, according to the Map of Walnut Hill, in the City of Roanoke, Virginia, and being further designated as Official No. 4041136 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 purchas. pri'ce, 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, unpaid current taxes on the three (3) lots of land so acquired to be abated and released. :1,3'7 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance be in force and effect upon its passage. APPROVED ATTEST: ~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1968. No. 18213. A RESOLUTION acknowledging a gift to the City's Transportation Museum. WHEREAS, there was recently donated and given to the City by Celanese Fibers Company, near Narrows, virginia, for permanent exhibition and display at the City's Transportation Museum, a unique, antique fireless locomotive, known as a "Fireless Cooker," manufactured by the H. K. Porter Company and used for many years the Celanese plant near Narrows; and WHEREAS, after refurbishing after arrival in the City, it was officially presented to the City by officials of Celanese Fibers Company at the annual opening of the Transportation Museum on May 31, 1968, at which Museum it will hereafter remain on exhibition and display. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth acknowledge with gratitude the gift of the "Fireless Cooker," an antique fireless locomotive, donated by Celanese Fibers Company, near Narrows, to the City of Roanoke~ Transportation Museum; and doth hereby express to the officials of said Company responsible for such gift and to those others who assisted in its delivery to said Museum in renovated or refurbished condition, this Council's apprec tion of said gift. BE IT FURTHER RESOLVED that the City Clerk do transmit attested copies of this resolution to Mr. Robert Mangum, plant manager of Celanese Fibers Company, at Narrows, virginia. APPROVED ATT EST: 6it/y 61er'~ '- Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1968. No. 18214. A RESOLUTION initiating and providing for the permanent closing, vacating, 138 in width, extending from.the southerly line of Orange Avenue, N. E., to the northerly line of a lO-foot wide alley, as the same is extended easterly across Osborne Street, said street being shown on Sheet 333 of the City's Tax Appraisal Map, appointing viewers to view said street; requesting the City Planning Commission to make study and recommendation on said proposal; and providing for a public hearing on the said proposal. WHEREAS, it has come to the attention of the Council that due to the pending widening of Orange Avenue, N. E., and in order that vehicular congestion be lessened at the intersection of Orange Avenue and Vinton Mill Road, that portion of Osborne Street extending from the southerly line of Orange Avenue to the northerly line of a lO-foot wide alley, as extended, 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 Council's desire to initiate on its own motion and pursuant to Sec. 15.1-364 of the 1950 Code of Virginia, as amended, proceedings to permanently vacate, close, discontinue and abandon said street 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 provis,ions of Sec. 15.1-364 of the 1950 Code of Virginia, as amended, to permanently close, vacate, discontinue and abandon as a public street, in the City of Roanoke, the following: That certain portion of Osborne Street, N. E., 40 feet in width, extending from the southerly line of Orange Avenue, N. E., approximately 110 feet in a southerly direction, to the north- erly line of a lO-foot wide alley running in an east-west direction through Block 20, Lilly View Land Company Map, as the said north line of said alley is extended easterly across Osborne Street. 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., William P. Wallace, J. Harry McBroom, Jr., J. Tate 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 alley and said streets and report in writing to this Council whether, in their opinion any, and if any, what inconvenience would result from permanently abandoning, closing, discontinuing, and vacating the same; and BE IT FINALLY RESOLVED that a public hearing on the question be held before the Council at its regular meeting on the 15th day of July, 1968, at 2:00 o'clock p.m., or as soon thereafter as the same may be heard, and that the Clerk do cause a proper notice of said hearing to be advertised in one of the newspapers published in the City not less than ten (10) days prior to the date of said public hearing. ATTEST: City Clerk APPROVED Mayor 139 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1968. No. 18215. AN ORDINANCE to amend and reordain certain sections of the 1967-68 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 1967-68 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: JUVENILE AND DOMESTIC RELATIONS COURT #19 Fees for Professional and Special Services (1) ......... $ 4,200.00 (1) Net ncrease $ 1,500.00 FIRE #47 Utilities (1) .......................................... $ 8,675.00 (1) Net increase ................. $ 500.00 ENGINEERING ~56 Motor Fuel and Lubricants (1) ........................... $ 1,$00.00 (1) Net ncrease $ 100. O0 STREET REPAIR ~58 Maintenance of Machinery and Equipment (1) ............. $ 232.66 (1) Net ncrease $ 32.66 SN'OW AND ICE RE~IOVAL =62 Motor Fuel and Lubricants (1) .......................... $ 1,098.19 (1) Net increase $ 98.19 MUNICIPAL BUILDING ~63 Utilities (1) ......................................... $14,900.00 (1) Net increase--- $ 3,400.00 AIRPORT #65 Printing and Office Supplies (1) ...................... $ 615.02 (1) Net ~ncrease $ 15;02 REFUSE COLLECTION AND DISPOSAL Utilities (1) ......................................... $10,900.00 (1) Net increase $ 3,400.00 GARAGE #7 1 Motor Fuel and Lubricants (1) .......................... $ 1,050.00 (1) Net ~ncrease $ 100.00 STADIUM AND ATHLETIC FIELD =76 Utilities (1) ......................................... $11,700.00 (1) Net ~ncrease $ 5,700.00 1,40 LIBRARIES =80 Utilities (1) ................................... $ 10,800.00 (1) Net increase $ 800. O0 NON-DEPARTMENTAL #91 Fees for Professional and S~ cial Services (1)... $ 10,500.00 Refund Account's (2) ........................... 30,000.00 Refund License Tax (~i .......................... 4,500.00 (1) Net increase (2) Net increase (3) Net increase $ 4,500.00 5,000.00 1,500.00 OVERTIME PAY AND TERMINAL LEAVE ~97 Terminal Leave (1) ............................... $ 31,000.00 (1) Net increase $16,000. O0 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, VIRGIN/A The 24th day of June, 1968. No. 18216. AN ORDINANCE accepting the proposal of J. P. Turner ~ Brothers, Inc., for constructing a storm drain system to serve the vicinity of Panorama Heights from Red Fox Drive to West Side Boulevard, N. W.; authorizing the proper City officials to execute the requisite contract; rejecting all other bids for said work; and providing for an emergency. WHEREAS, upon due and proper advertisement therefor, five (5) bids were received by the City for the improvements hereinafter authorized and, upon opening before, the Council, at its regular meeting held on May 27, 1968, were read and referred to a committee for tabulation, as a result of which the proposal hereinafter accepted, based upon unit prices, was determined to represent the lowest of all bids and the best bid made to the City for such work, negotiations with the successful bidder having resulted in a proposal to use materials specified in Alternate "A' of the City's specifications for said work for the same price as that bid for Alternate "B" of said specifications, the successful bidder having submitted the lowest bids for both alternates; and WHEREAS, there has heretofore been or is being appropriated for the purpose a sum sufficient for the payment of the contract price hereinafter mentioned and of the cost of advertising for said bids; 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 1,41 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows (1) That the proposal of J. P. Turner & Brothers, Inc., for the construc- tion of a certain storm drain system to serve the vicinity of Panorama Heights from Red Fox Drive to West Side Boulevard, N. W., in full accordance with Alternate "A" of the City's plans and specifications made therefor, the materials to be used in construction to be upon the unit prices specified in Alternate "B" of said plans and specifications, for the total sum of $37,593.35, as set out in said proposal, which proposal and letter amendment thereto are on file in the office of the City Clerk, be, and said proposal is hereby ACCEPTED; the cost thereof shall be paid out of funds which have heretofore been or are being appropriated by the Council for said improvement; (2) That the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute the requisite contract with the successful bidder, the terms of which shall be approved by the Cit Manager and the form of which shall be approved by the City Attorney; and (3) That the proposals of all other bidders to the City for the performanc of said work be, and they are hereby REJECTED; the City Clerk to so notify each said other bidder and to express to each the City's appreciation for said bids. BE IT 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 24th day of June, 1968. No. 18217. AN ORDINANCE to amend and reordain Section ~89, "Capital Improvements Program," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =89, "Capital Improvements Program," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL IMPROVEMENTS PROGRAM =89 CIP 37 Salem Turnpike Drain (1) ................. $ 37,627.60 Net increase $7,627.60 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED 142 IN THE COUNCIL OE THE CITY OF ROANOKE,~ VIRGINIA, The 24th day of June, 1968. No. 18218. AN ORDINANCE accepting the proposal of Aaron J. Conner, General Contractor, Inc., for constructing a storm drain system to serve the vicinity of Runnymede Subdivision from 24th Street, N.H., and underpass to 30th Street and Shenandoah Avenue, N. ~.,; authorizing the proper City officials to execute the requisite contract;rejecting all other bids for said work; and providing for an emergency. WHEREAS, upon due and proper advertisement therefor, five (5) bids were received by the City for the improvements hereinafter authorized and, upon opening before the Council, at its regular meeting held on May 27, 1968, were read and referred to a committee for tabulation, as a result of which the proposal hereinafter accepted, based upon unit prices, was determined to represent the lowest of all bids and the best bid made to the City for such work, negotiations with the successful bidder having resulted in a proposal to use materials specified in Alternate "A" of the City's specifications for.said work for the same price as that bid for ~lternate "B" of said specifications, the successful bidder having submitted the lowest bids for both alternates; and ~HEREA~ there has heretofore been or is being appropriated for the purpose a sum sufficient for the payment of the contract price hereinafter mentioned and of the cost of advertising for said bids; and WHEREAS, for the usual daily operation of the municipal government, an emergency is deemed to exist in order that this Ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That the proposal of Aaron J. Conner,General Contractor, Inc., for the construction of a certain storm drain system.to serve the vicinity of Runnymede Subdivision from 24th Street, N. ~., and underpass to 30th Street and Shenandoah Avenue, N. ~., in full accordance with Alternate "A" of the City's plans and specifications made therefor, the materials to be used in construction to be upon the unit prices specified in Alternate "B" of said plans and specifications, for the total sum of $73,457.93, a~ set out in said proposal, which proposal and letter amendment thereto are on file in the office of the City Clerk, be, and said proposal is hereby ACCEPTED; the cost thereof shall be paid out of funds which have heretofore been or are being appropriated by the Council for said improvement; (2) That the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute the requisite contract with the successful bidder, the terms of which shall be approved by the City Manager City Manager and the form of which shall be approved by the City Attorney; and (3) That the proposals of all other bidders to the City for the performance of said work be, and they are hereby REJECTED; the City Clerk to so notify each said 2.43 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect upon its passage. 'APPROVED ATTEST: _ _,."~]~ C 2. ;_ , .C.r,-. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1968. No. 18219. AN ORDINANCE to amend and reordain Section ~t89, "Capital Improvements Program," of the 1967-68 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, HE IT ORDAINED by the Council of the City of Roanoke that Section =89, "'Capital Improvements Program," of the 1967-68 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as folloes, in part: CAPITAL IMPROVEMENTS PROGRAM CIP 34 Shaffers Crossing Drain (1) ................ $ 73,493.57 (1) Net increase $1,993.57 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 24th day of June, 1968. No. 18220. AN ORDINANCE accepting the proposal of Lynchburg Fohndry Company, Division of Woodward Iron Company, for furnishing and supplying certain ductile-iron water pip to be used by the City's Water Department; authorizing the proper City officials to execute the requisite contract; rejecting all other bids; and providing for an emergency. WHEREAS, at the meetin9 of the Council held on June 10, 1968, and after due and proper advertisement had been made therefor, five (5) bids for supplyin9 certain 144 ductile-iron water pipe necessary for the normal daily operation of the City's Water Department were received and were opened and read before the Council, where- upon 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 writing its tabula- tion of said bids, from which and upon said committee's report it appears that the bid of Lynchbu. rg Foundry Company, Division of Woodward Iron Company, in t~ sum of $127,551.00, based on estimated quantities, is the lowest and best bid received by the City for furnishing the said material; and WHEREAS, sums sufficient to pay for the cost of the contract hereinafter authorized have been appropriated by the Council for the purpose; and for the usual dally 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 Lynchburg Foundry Company, Division of Woodward Iron Company, for furnishing and supplying to the City certain quantities of various sizes of ductile-iron water pipe, in full accordance with the City's plans and specifications and during the period of time mentioned in said'specifications, for the unit prices and for not more than the estimated sum of $127,551.00, 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 b e, 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 four 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 each said bid. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1968. No. 18221. :1,45 AN ORDINANCE authorizing the Chief Municipal Judge to appoint, from time to time, certain members of the Police Force and deputy city sergeants as deputy clerks of the Municipal Court; repealing Ordinance No. 155].7; and providing for an emergency. WHEREAS, for the immediate preservation of the public peace and safety, 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 Chief Municipal Judge be, and he is hereby, authorized to appoint, from time to time, such members of the Police Force and deputy city sergeants~ as may be necessary in his judgment, as deputy cierks of the Municipal Court, who shall serve at the pleasure of the Chief Municipal Judge, but none of whom shall be entitled to special compensation as such deputy clerk. Such deputy clerks shall have the power and authority to receive fines and costs, take affidavits administer oaths and affirmations, and issue subpoenas for witnesses and sign committals and releases for prisoners. Said papers shall be signed in the name of the Municipal Court by the deputy clerk as such deputy. 2. That Ordinance No. 15517, adopted on the 9th day of December, 1963, be, and said Ordinance is hereby, repealed. 3. That, an emergency existing, this Ordinance shall be in full force and effect from its passage. ATTEST: /c ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of June, 1968. No. 1B. 222. AN ORDINANCE fixing the annual compensatim of certain unclassified official nd employees of the city; and providing for an emergency. WHEREAS, 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 Roano 1956; and WHEREAS, funds sufficient to pay for the increased compensation herein fixed is being appropriated by the Council in the city's 1968-69 Budget; 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 annual compensation of the following unclassified officials and employees of the city be, and the same is hereby fixed at the following sums, effective as of the Ist day of July, 1968: City Clerk, Virginia L. Shaw City Manager, Julian F. Hirst Assistant City Manager, Byron E. Hurter City Attorney, James N. Kincanon City Auditor, J. Robert Thomas Judge, Juvenile and Domestic Relations Court, L. L. Koontz, Jr. Chief Municipal Judge, Beverly T. Fitzpatrick Vacant, Judge, Municipal Court, Judge, Municipal Court, George B. Dillard Substitute Judge, Municipal Court, Harris S. Birchfield Substitute Judge, Municipal Court, Wilmer F. Dillard Vacant, Substitute Judge, Municipal Court Real Estate Assessor, Charles S. McNulty, Jr. Delinquent Tax Collector, Edwin A.G. Ellis Purchasing Agent, Bueford B. Thompson Personnel Director, David S. Ferguson Director of Public Welfare, Bernice F. Jones Superintendent of Police, M. David Hooper Fire Chief, Sidney W. Vaughan Building Commissioner, Lewis G. Leftwich Air Pollution Engineer, I. Jones Keller Director of Public Works, H. Cletus Broyles City Engineer, William F. Clark Airport Manager, Marshall L. Harris Clerk of the Market, Donald R. Nolen Director of Recreation, Rex T. Mitchell, Jr. Library Director, Nancy E. Himes Vacant, Planning Director Superintendent, Sewage Treatment, H. S. Zimmerman $ 8,250.00 22,000.00 13,000.00 15,000.00 17,000.00 13,800.00 14,000.OO 13 000. O0 13 000.00 3 600. O0 3 600 00 3 600 00 11 000 O0 6 600 O0 10 000 00 10 500 00 11 000 O0 13 000 00 10,000.00 10,000.00 8,000.00 13,000.00 13,000.00 10,000.00 6,400.00 10,000.00 10,260.00 11,000.00 9,500.00 :1,47 Manager, Water Department, Th omas W. Dunn Civic Center Manager, Howard E. Radford Deputy Coordinator, Civil Defense, Warren E. Trent Clerk of Courts, Walker R. Carter, Jr. Deputy Clerk Patricia Testerman Deputy Clerk Vince H. Edwards Deputy Clerk R. L. Adams Deputy Clerk Mary K. Goodwin Deputy Clerk Martha P. Allison Deputy Clerk Lena M. Testerman Deputy Clerk Juanita S. Gregory Deputy Clerk Carolyn K. Whitt Deputy Clerk Ruth K. Dillard Deputy Clerk Clara K. Gray Deputy Clerk Photographer, Margaret Byrd Assistant Photographer, Ruby T. Perdue Deputy Clerk, Jeanne T. Pratt :: Vacant, Deputy Clerk Assistant City Attorney, H. Benjamin Jones Secretary, Hustings Court, Lorraine W. Krull Secretary, Law & Chancery Court, Anne D. Shelor Assistant City Auditor, Alfred N. Gibson Assistant City Auditor, W. R. Lavinder Registrar, Nell C. Irvin Assistant Registrar, Katherine ~I. Poole Chief Clerk, ~lunicipal Court, E. L. Walters Vacant, Programmer, Superintendent of Schools, Dorothy L. Gibboney (1) (1) $4,380.00 of this salary paid to employee by state. Business Manager and Clerk, Alfred F. Fisher Director of Personnel, ~i. Donald Pack Administrative Assistant, Richard P. Via Assistant Business Manager, Henry W. Crensha~ $ ll,O00.O0 16,000.00 8,088. O0 14,500,00 7 152 O0 5 304 O0 5 568 O0 5 304 O0 5 856 O0 6 Bib O0 5 304 O0 4 560 O0 4 BOO O0 4 BO0 O0 5,56B.00 4,12B.00 4,464.00 3,744.00 11,500.00 4,900.00 5,300.00 12,000.00 10,000.00 7,000.00 5,000.00 6,600.00 9,600.00 20,000.00 15,000. O0 13,500.00 12,500.00 11,750.00 148 Coordinator Data Processing, Willis S. Bateman Federal Programs Officer, G. E. Moore Chairman, Electoral Board, T. Howard Boyer Clerk, Electoral Board, B. A. Grubbs Members, Electoral Board, I. H. Evans Coordinator, Accounts and Records, W. L. Murray Maintenance Manager, Joseph R. West $ 10,000 O0 12,000 O0 720 O0 1,200 O0 720 O0 6,200 O0 9,000 O0 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance be in full force and effect upon its passage. APPROVED Mayor ATTE ST: - Ci'"'~'Clerk~ ~ .... IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of June, 1968, No. 18223. AN ORDINANCE to adopt and provide a new System of Pay Rates and Ranges for the employees of the City of Roanoke; 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, certain of the plans, provisions and schedules contained in Sections 10, 11 and 12 of Ordinance No. 14300 adopted by the Council on January 3, 1961, and thereafter, from time to time, amended; 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 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, 1968, and to such of them and others who are hereinafter provided for in this Ordinance, the System of Pay Rates and Ranges hereinafter set out as Schedule I, and the Pay Plan hereinafter set out as Schedule II, which shall read and provide as follows: !49 Hourly Equiv. of Step 1 SCHEDULE 1 SYSTEM OF PAY RATES AND RANGES CITY OF ROANOKE, VIRGINIA July, 1968 Range Steps in Monthly Amounts No.' 1 2 3 4 5 $1.60 7 $278 $292 $306 $320 $336 $352 1.68 B 292 306 320 336 352 372 1.77 9 306 320 336 352 372 390 1.85 10 320 336 352 372 390 410 1.94 11 336 352 372 390 410 430 2.03 12 352 372 390 410 430 454 2.15 13 372 390 410 430 454 476 2.25 14 390 410 430 454 476 500 2.37 15 410 430 454 476 500 528 2.48 16 430 454 476 500 528 554 2.62 17 454 476 500 528 554 582 2.75 18 476 500 528 554 582 610 2.88 19 500 526 554 582 610 642 3.05 20 528 554 582 610 642 674 3.20 21 554 582 610 642 674 710 3.36 22 582 610 642 674 710 744 3.52 23 610 642 674 710 744 780 3.70 24 642 674 710 744 780 820 3.89 25 674 710 744 780 820 860 4.10 26 710 744 780 820 860 904 4.29 27 744 780 820 860 904 948 4.50 28 780 820 860 904 948 995 4.73 29 820 860 904 948 995 1,044 NOTE: Hourly Code 1001 1 002 1005 1006 1007 1010 1011 1015 1016 1017 1019 1025 1035 1038 equivalents based on 40 hour work week. SCHEDULE 2 PAY PLAN CITY OF ROANOKE, VIRGINIA July 1, 1968 Classification Work Range Week No. 1 Steps in Monthly 2 3 4 CLERICALL FISCAL AND ADMINISTRATIVE Clerical and Machine OEeration Clerk 1 40 8 Clerk 11 40 11 Clerk Typist 1 40 8 Clerk Typist 11 40 12 Clerk Typist 111 40 14 School Secretary 1 40 10 School Secretary 11 40 13 Clerk Stenographer 1 40 10 Clerk Stenographerll 40 13 Clerk Stenographer 111 40 15 Secretary to City Manager 40 16 Water Office Manager 40 19 Assistant Municipal Court Clerk 40 15 Juvenile and Domestic Relations Court Clerk40 17 Amounts 5 6 $292 $306 $320 $336 $352 $372 336 352 372 390 410 430 292 306 320 336 352 372 352 372 390 410 430 454 390 410 430 454 476 500 320 336 352 372 390 410 372 390 410 430 454 476 320 336 352 372 390 410 372 390 410 430 454 476 410 430 454 476 500 528 430 454 476 500 528 554 500 528 554 582 610 642 410 430 454 476 500 528 454 476 500 528 554 582 Annual Equiv of Step 6 _ $4,224 4,464 4,680 4,920 5,160 5,448 5,712 6,000 6,336 6,648 6,984 7,320 7,704 8,088 8,520 B,928 9,360 9,840 10,320 IO,B4B 11,376 11,940 12,528 150 Work Range Code Classification Week No. Clerical and Machine Operation Steps in Monthly Amounts 2 3 4 5 1040 Deputy City Clerk 40 17 $454 $476 $500 1050 Switchboard Operator 40 8 292 306 320 1051 Chief Switchboard Operator 40 9 306 320 336 1055 Key Punch Operator 40 9 306 320 336 1057 Duplicating Equipment Operator 40 10 320 336 352~ 1059 Billing Machine Operator 40 9 306 320 336 Fiscal and Stores 1101 Accounting Clerk 1 40 10 320 336 352 1102 Accounting Clerk 11 40 14 390 410 430 1103 Accounting Clerk 111 40 18 476 500 528 1111 Auditor 40 23 610 642 674 1130 Surplus Commodity Clerk 40 8 292 306 320 1132 Storekeeper 40 12 352 372 390 1135 Buying Assistant 40 15 410 430 454 1136 Buyer 40 18 476 500 528 Administrative and Specialized 6 $528 $554 $582 336 352 372 352 372 390 352 372 390 372 390 410 352 372 390 1220 372 390 1410 454 476 500 554 582 .610 710 744 ~780 336 352 ~372 410 430 .454 476 500 .528 554 582 610 1201 Bailiff 40 14 390 410 430 1208 Administrative Assistant 40 18 476 500 528 1210 Chief Appraiser 40 26 710 744 780 1211 Appraiser 1 . 40 17 454 476 500 1212 Appraiser 11 40 22 582 610 642 1215 Assistant to Market Manager -- 15 410 430 Assistant to Airport Manager -- 21 554 582 610 642 674 1225 Personnel Clerk 40 15 410 430 454 476 500 1226 Assistant Personnel Director 40 20 528 554 ENGINEERING AND ALLIED 2038 454 476 ,500 554 582 610 820 860 .904 528 554 ,582 674 710 .744 454 476 500 .528 .710 .528 Engineerin9 582 610 642 .674 476 500 528 336 352 372 430 454 476 582 610 642 674 710 744 430 454 476 554 582 610 674 710 744 500 528 554 674 948 674 554 582 610 642 2001 Construction Cost Clerk 40 15 410 430 454 2005 Rodman 40 B 292 306 320 2006 Instrumentman 40 13 372 390 410 2007 Party Chief 40 19 500 528 554 2009 Chief Surveyor 40 22 582 610 642 2015 Draftsman 1 40 13 372 390 410 2016 Draftsman 11 40 18 476 500 528 20,17 Chief Draftsman 40 22 582 610 642 2020 Construction Inspector 40 16 430 454 476 2022 Chief Construction Inspector 40 20 528 554 582 610 642 2026 Assistant City Engineer 40 27 744 780 820 860 904 2030 Right of Way Agent 40 20 52B 554 582 610 642 2035 Traffic Engineering Technician 40 19 :- 500 528 Traffic and Communica- tions Superintendent 40 26 710 744 780 820 860 904 528 554 582 582 610 642 780 820 860 Plannin9 2101 Planning Intern 40 17 454 476 500 2105 Planning Technician 40 19 500 528 554 2110 Planner 40 25 674 710 744 2115 Assistant Planning Director ~nqpectional 2205 40 29 820 B60 904 948 995 40 16 430 454 476 500 528 1,044 2210 554 Sealer of Weights and Measures Zoning and Safety Inspector 40 18 476 500 528 2215 Plumbing Inspector 1 40 16 430 454 476 2216 Plumbing Inspector 11 40 18 476 500 528 2220 Electrical Inspector 40 18 476 500 528 2225 Building Inspector 40 18 476 500 528 2240 Assistant Building Commissioner 554 582 610 500 528 554 554 582 610 554 582 610 554 582 610 40 21 554 582 610 642 674 710 15! Code 3001 3002 3003 3OO5 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 3146 3150 3152 3155 3160 3162 3165 3167 3170 3171 3201 3205 3206 3208 3210 3211 3212 301 304 305 306 310 315 320 323 324 1326 Classification Work Range Week No. Stqp, s in Monthly Amounts 2 3 4 5 6 TRADES AND LABOR General Labor and Trades Laborer 1 40 7 Laborer 11 40 10 Laborer 111 40 13 Equipment Operator 1 40 12 Equipment Operator 11 40 15 Labor Foreman 40 15 Construction Foreman 40 18 Trades Helper 40 10 Incinerator Operator 1 40 12 Incinerator Operation 11 40 14 Incinerator Foreman 40 17 ADimal Caretaker 40 10 Gardener 40 Tree Trimmer 40 I2 Tree Foreman 40 15 Sign Painter 40 13 Traffic Sign Supervisor 40 17 E_quipment and Buildin9 Maintenance Equipment Maintenanceman 40 13 Parking Meter Serviceman 40 12 Airport Serviceman 1 40 12 Airport Serviceman 11 40 14 Automotive Serviceman 40 9 Auto Body Repairman 40 14 Automotive Mechanic 40 14 Automotive Mechanic Foreman 40 Fire Equipment Specialist 1 62 15 Fire Equipment Specialist 11 62 20 Park Equipment Foreman 40 16 Painter 1 40 12 Painter 11 40 14 Painter Foreman 40 16 Refrigeration Mechanic 40 14 Carpenter 40 15 Cabinetmaker 40 16 Welder 40 15 Plumber 40 15 Steamfitter 40 16 Machinist 40 16 Building Maintenanceman 40 15 Building Maintenance Foreman40 19 Assistant Maintenance Superintendent 40 20 Electricity and Electronics Electrician 40 16 Signalman 40 16 Lead Signalman 40 lB Signal and Alarm Supervisor 40 22 Communications Technician 40 17 Lead CommUnications Tech. 40 18 Communications Supervisor 40 22 General Supervision Sanitation Supervisor 40 Assistant Sanitation Supt. 40 Sanitation Superintendent 40 Airport Field Superintendent40 Parks Superintendent 40 Maintenance Superintendent 40 Garage Superintendent 40 Street Maintenance and Construction Supervisor 40 Sewer Maintenance and Construction Supervisor 40 Street and Sewer Supt. 40 $278 320 372 352 dlO 410 476 320 352 390 454 320 336 352 372 454 $292 $306 $320 336 352 372 390 410 430 372 390 410 430 454 476 430 454 476 5OO 528 554 336 352 372 372 390 410 410 430 454 476 500 528 336 352 372 352 372 390 372 390 410 430 454 476 39O 410 43O 476 500 528 $336 $352 390 410 454 476 430 454 500 528 500 528 582 610 390 410 430 454 476 500 554 582 390 410 410 430 430 454 500 528 454 476 554 582 20 528 554 582 610 642 674 24 642 674 710 744 780 820 20 528 554 582 610 642 674 18 476 500 528 554 582 610 20 528 554 582 610 642 674 24 642 674 710 744 780 820 18 476 500 528 554 582 610 21 554 582 610 642 674 710 24 642 674 710 744 780 820 24 642 674 710 744 780 820 430 454 476 500 528 554 430 454 476 500 528 554 476 500 528 554 582 610 582 610 642 674 710 744 454 476 500 528 554 5B2 476 500 52B 554 582 610 582 610 642 674 7,10 744 528 554 582 610 642 674 430 454 476 500 528 554 352 372 390 410 430 454 390 410 430 454 476 500 430 454 476 500 528 554 390 dlO 430 454 476 500 410 430 454 476 500 528 430 454 476 500 528 554 410 430 454 476 500 528 410 430 454 476 500 528 430 454 476 500 528 554 430 454 476 500 528 554 410 430 454 476 500 528 500 528 554 582 610 642 528 554 582 610 642 674 372 390 410 430 454 476 352 372 390 410 430 454 352 372 390 410 430 454 390 410 430 454 476 500 306 320 336 352 372 390 390 410 430 454 476 500 390 410 430 454 476 500 476 500 528 554 582 610 410 430 454 476 500 528 152 Work Range Code Classification Week No. 1 CUSTODIAL AND FOOD Custodial 4001 Watchman 40 7 $278 4003 Maid 40 7 278 4004 Elevator Operator 40 7 278 4005 Janitor I 40 7 278 4006 Janitor 11 40 8 292 4008 Fireman 40 7 278 4010 Custodian 1 40 8 292 4011 Custodian 11 40 10 320 4012 Custodian 111 40 12 352 4014 Custodial Foreman 40 14 390 4017 Nursing Home Custodian 40 10 320 4020 Housekeeping Supervisor 40 12 352 Food Preparation and Service 4101 Kitchen Helper 40 7 278 4102 Cafeteria Helper -- 7 278 4105 Cook 40 7 278 4110 Cafeteria Manager 1 40 8 292 4111 Cafeteria Manager 11 40 10 320 4112 Cafeteria Manager 111 40 11: 336 HEALTH AND SOCIAL SERVICES Health Services 5020 Orderly 40 7 278 5022 Nurses' Aide 40 7 278 5024 Licensed Practical Nurse 40 10 320 5028 Supervising Nurse 40 16 430 5030 Nursing Superintendent 40 19 500 Social Services and Welfare 5101 Juvenile Home Proctor 1 40 14 390 5105 Juvenile Home Proctor 11 40 17 454 5106 Juvenile Home Superintendent 40 23 610 5110 Probation Officer 1 40 18 476 5111 Probation Officer 11 40 20 528 5113 Chief Probation Officer 40 24 642 5120 Social Worker 1 40 5121 Social Worker 11 40 5124 Casework Supervisor 40 5127 Social Services Superintend- ent 40 24 642 PUBLIC UTILITIES Plant Operation 8001 Water Fi~er Plant Operator 40 13 372 8005 Water Pump Operator 40 13 372 8007 Water Pumping Station Supervisor 40 14 390 8010 Water Production Superin- tendent 40 23 610 8015 Plant Laboratory Technician 40 14 390 8016 Chief Plant Laboratory Technician 40 18 476 8017 Chemist 40 29 820 8020 Sewage Plant Opera,tor 40 13 372 8025 Sewage Plant Mechanic 40 14 390 8027 Sewage Plant Maintenance Supervisor 40 18 476 8101 Water Meter Reader 40 11 336 8105 Water Meter Repairman 1 40 13 372 8106 Water Meter Repairman 11 40 16 430 8110 Water Serviceman 1 40 10 320 8111 Water Serviceman 11 40 14 390 8114 Water Meter and Pump Supervisor 40 17 454 8115 Water Meter and Pump Superintendent 40 22 582 8120 Water Distribution Foreman 40 18 476 8123 Water Distribution Supervisord0 20 528 8126 Water Distribution Superintendent 610 Steps in Monthly Amounts 2 3 4 5 $292 $306 $320 $336 $352 292 306 320 336 352 292 306 320 336 352 292 306 320 336 352 306 320 336 352 372 292 306 320 336 352 306 320 336 352 372 336 352 372 390 410 372 390 410 430 454 410 430 454 476 500 336 352 372 390 410 372 390 410 430 454 292 306 320 336 352 292 306 320 336 352 292 306 320 336 352 306 320 336 352 372 336 352 372 390 410 352 372 390 410 430 292 306 320 336 352 292 306 320 336 352 336 352 372 390 410 454 476 500 528 554 528 554 582 610 642 410 430 454 476 476 500 528 554 642 674 710 744 500 528 554 582 554 582 610 642 674 710 744 780 Special Scale Attached Special Scale Attached Special Scale Attached 674 710 744 780 5OO 582 78O 610 674 82O 820 390 410 430 454 476 390 410 430 454 476 410 430 454 476 500 642 674 710 744 780 410 430 454 476 500 500 528 554 582 860, 904 948 995 390 410 430 454 410 430 454 476 500 528 554 582 352 37'2 390 410 390 410 430 454 454 476 500 528 336 352 372 390 410 430 454 476 610 1,044 476 5OO 610 430 476 554 410 500 476 500 528 554 582 610 642 674 710 744 500 528 554 582 610 554 582 610 642 674 642 674 710 7Aa van 153 Code Classification Work Range Week No. ~eps in Monthly Amounts 2 3 4 5 6 5120 5121 5124 Salary Scale for Social Worker Classes Social Worker 1 Social Worker 11 Casework Supervisor 40 $475 $500 $525 $550 $575 $600 40 500 525 550 575 600 625 40 550 575 600 625 650 675 LIBRARY AND RECREATION 6001 6003 6010 6011 6020 6021 6022 Libraries School Library Clerk School Secretary-Library Clerk Library Assistant 1 Library Assistant ll Librarian 1 Librarian 11 Librarian 11i 40 9 306 320 336 352 372 390 40 9 306 320 336 352 372 390 40 9 306 320 336 352 372 390 40 12 352 372 390 410 430 454 40 18 476 500 528 554 582 610 40 20 528 554 582 610 642 674 40 22 582 610 642 674 710 744 Recreation 6101 6105 6110 Recreation Leader Recreation Supervisor Recreation Superintendent 40 14 390 410 430 454 476 500 40 18 476 500 528 554 582 610 40 23 610 642 674 710 744 780 PUBLIC SAFETY Law Enforcement 7001 7003 7005 7006 7007 7008 7010 7013 7016 Animal Control Officer Youth Bureau Assistant Police Patrolman Police Corporal Detective Detective Sergeant Police Sergeant Lieutenant Captain 40 14 390 410 430 454 476 500 40 16 430 454 476 500 528 554 40 17 454 476 500 528 554 582 40 18 476 500 528 554 582 610 40 17 454 476 500 528 554 582 40 20 528 554 582 610 642 674 40 20 528 554 582 610 642 674 40 23 610 642 674 710 744 780 40 25 674 710 744 780 820 860 Fire Protection 7101 7102 7103 7105 7106 7107 7110 7115 7118 Fire Dispatcher 1 62 12 352 372 390 410 430 454 Fire Dispatcher 11 40 20 528 554 582 610 642 674 Fire Department Assistant 40 18 476 500 528 554 582 610 Firefighter 62 17 454 476 500 528 554 582 Fire Lieutenant 62 18 476 500 528 554 582 610 Fire Captain 62 20 528 554 582 610 642 674 Fire Drillmaster 40 21 554 582 610 642 674 710 Fire Marshal 40 21 554 582 610 642 674 710 Assistant Fire Chief 62 23 610 642 674 710 744 780 2. That Section 10 relating to Clerical, Operational, Technical or Supervisory salaries, Section 11 relating to Labor Force, and Section 12 relating to Uniformed Police and Fire personnel, in Ordinance No. 14300, heretofore adopted on January 3, 1961, and as said Ordinance may from time to time thereafter have been amended, be, and said Sections are hereby amended, modified or repealed insofar as any provision in said sections is in conflict ~ith the provisions of this ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in full force and effect upon its passage. APPROVED ATTE ST: / City Clerk Mayor 1,54 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of June, 1968. No. 18224. AN ORDINANCE making appropriations from the General Fund of the City of Roanoke for the fiscal year beginning July 1, 1968, and ending June 30, 1969; and declaring the existence of an emergency. WHEREAS, in order to provide for the daily operation 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 that all money that shall be paid into the City Treasury for the General Fund in the fiscal year beginning July 1, 196B, and ending June 30, 1969, shall constitute a General Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: COUNC IL - i Personal Services Communications Travel Expense Dues, Memberships & Subscriptions (1) Investigations, Studies & Rewards Gratuities Employee Service Pins $ 24,000 O0 400 O0 5,000 O0 10,000 O0 25,000 O0 500 O0 300 O0 Total Council (1) Local Chamber of Commerce State Chamber of Commerce Municipal League U. S. Conference of Mayor Safety Council Roanoke River Basin Assoc. Shenandoah Valley, Inc. Travel Council National League of Cities Miscellaneous $2,250 O0 250 O0 2,153 O0 250 O0 50 O0 250 O0 1,000.00 55.OO 5OO.OO 3,242.00 $ 65,200.00 CLERK - 2 Personal Services Communications Travel Expense Advertising Dues, Memberships & Subscriptions Maintenance of Machinery & Equipment Printing & Office Supplies Office Furniture & Equipment-Repl.(1) Office Furniture & Equipment-New (2) 28,881 O0 560 O0 25 O0 3,000 O0 50 O0 400 O0 4,800 O0 256 O0 185 O0 Total Clerk (1) One ten-key adding machine (2) One File Cabinet 38,157.00 J i55 MANAGER - 3 Personal Services Fees for Professional & Special Services Communications Travel Expense Education Advertising Insurance Rentals Dues, Memberships & Subscriptions Maintenance of Machinery ~ Equipment Automobile Allowance Printing ~ Office Supplies City Manager's Special Fund Office Furniture ~ Equipment-New (1) 53,462.00 500.00 1,034.60 1,400.00 300.00 50.00 15.00 5,000.00 250.00 854.90 1,200.00 5,000.00 500.00 621.00 Total Manager (1) Dictaphone Filing Cabinet Easel 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) 38,140 O0 1,000 O0 1,000 O0 400 O0 100 O0 400 O0 150 O0 1,200 O0 150 O0 Total Attorney (1) Filing Cabinet COMMISSIONER OF REVENUE - 6 Personal Services (1) Communications (1) Travel Expense (2) Advertising (1) Insurance (1) Rentals (1) Maintenance of Machinery ~ Equipment (1) Automobile Allowance Printing & Office Supplies (1) Operating Supplies ~ Materials Data Processing (1) Office Furniture ~ Equipment-Repl. (3) (4) 45,352 5O 1,800 O0 300 O0 500 O0 10 O0 928 O0 1,500 O0 1,140 O0 8,500 O0 2,5OO O0 8,100 O0 865 O0 Total Commissioner of Revenue (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 typewriter One electric adding machine ASSESSMENT OF REAL ESTATE - 7 Personal Services Fees for Professional & Special Services (1) Communications Travel Expense ~ Education Advertising Rentals Dues, Memberships & Subscriptions Maintenance of Machinery ~ Equipment Automobile Allowance @ 9¢ a Mile Printing and Office Supplies Operating Supplies and Materials Motor Fuel ~ Lubricants Data Processing 53,248 O0 4,650 O0 700 O0 1,000 O0 200 O0 840 O0 375 O0 650 O0 3,660 O0 3,250 O0 300 O0 300 O0 1,000.00 Total Assessment of Real Estate (1) Members Equalization, 31, days @ $45 00 September 1 - October 15. $ 70,187.50 42,540.00 71 ,495.50 70,173.00 156 TREASURER - 8 Personal Services (1) Communications (2) Travel Expense (3) Advertising (2) Insurance (Theft Bond) (2) Maintenance of Machinery & Equipment (2) Printing & Office Supplies (2) Total Treasurer (1) 50% paid by Commonwealth (2) 50% reimbursed by Commonwealth (3) Commonwealth will reimburse maximum of $60.00 per person DELINQUENT TAX COLLECTOR - 9 Personal Services Communications Advertising Insurance Dues, Memberships ~ Subscriptions Maintenance of Machinery g Equipment Automobile Allowance Printing & Office Supplies AUDITOR - 10 Total Delinquent Tax Collector Personal Services Communications Travel Expense Education Dues, Memberships & Subscriptions Maintenance of Machinery g Equipment Automobile Allowance (9¢ per mile) Printing & Office Supplies Data Processing Office Furniture g Equipment-Rep1. (1) Office Furniture & Equipment-New (2) Total Auditor (1) Adding Machine (2) Electric Typewriter Disk Pack Card Punch Verifier Collator Desk Chair Two Disk Pack Storage Ten Sections Shelving One Adding Machine Metal Valet (9 Place) Card Tray Truck Manuel Cabinet Cable Bridge Sorter Rack PURCHASING AGENT - 11 Personal Services Communications Travel Expense Advertising Rentals Dues, Memberships g Subscriptions Maintenance of Machinery ~ Equipment Printing ~ Office Supplies Office Furniture & Equipment-Repl. (1) Office Furniture ~ Equipment-New (2) Total Purchasing Agent (1) One electric typewriter (2) One Filing Cabinet $ 45,546.25 1,400.00 300.00 700.00 781.00 1,000.00 16,000.00 12,648 O0 1BO O0 100 O0 108 O0 50 O0 125 O0 300 O0 911 O0 138,708.00 2,350 O0 500 O0 1,500 O0 410 O0 5,200 O0 500 00 12,000 O0 · 45,000.00 250.00 2~,802.00 38,406 O0 1,223 80 200 O0 300 O0 163 80 210 O0 455 O0 2,248 O0 410 O0 115 O0 $ 65,727.25 14,422.00 230,220.00 43,731.60 157 INDEPENDENT AUDITING - 12 Fees for Professional g Special Services $ 15,000.00 Total Independent Auditing RETIREMENTS - 13 Police and Fire Pensions Retirement Contributions Social Security State Supplemental Retirement System Group Insurance Confederate Widows 210,000.00 650,000.00 22,350.00 16,787.00 13,220.00 84.00 Total Retirements PERSONNEL- 14 Personal Services Fees for Professional & Special Services (1) Communications Travel Expense Education Advertising Dues, Memberships & Subscriptions Maintenance of Machinery ~ Equipment Printing g Office Supplies Office Furniture g Equipment-New (2) 24,200 00 2,000 00 300 O0 250 00 350 00 500 00 375 00 102 48 1,625 00 650 O0 Total Personnel (1) Physicals for new employees (2) Chain-Dex File Cabinet Laminating Machine Cutter/Trimmer for laminated identification cards HUSTINGS COURT - 16 Personal Services Fees for Professional & Special Services Communications Dues, Memberships & Subscriptions Maintenance of Machinery ~ Equipment Printing & Office Supplies 20,600 00 2,000 00 230 00 300 00 40 00 200 O0 Total Hustings Court CIRCUIT COURT - 17 Personal Services Fees for Professional ~ Special Services Communications Printing ~ Office Supplies 8,630.00 1,800.00 100.00 75.00 Total Circuit Court LAW AND CHANCERY COURT - lB Personal Services Fees for Professional and Special Services Communications Maintenance of Machinery & Equipment Printin9 ~ Office Supplies 20,800.00 3,500.0O 230.00 50.00 175.00 $ 15,000.00 912,441.00 30,352.48 23,370.00 10,605.00 Total Law and Chancery Court 24,755.00 158 JUVENILE g DOMESTIC RELATIONS COURT - 19 Personal Services (1) Utilities Fees for Professional and Special Services (1) Communications Travel Expense (1) Education (1) Insurance Dues, Memberships & Subscriptions Maintenance of Machinery & Equipment Automobile Allowance 9¢ per mile (1) Printing & Office Supplies Food Medical & Housekeeping Supplies Operating Supplies'& Materials Office Furniture & Equipment-Repl. (2) Office Furniture & Equipment-New (3) Total Juvenile & Domestic Relations Court (1) 50% reimbursed by Commonwealth of Virginia (2) One dry type photo copier (3) Two belt type recorders One belt type transcriber One electric typewriter MUNICIPAL COURT - 20 Personal Services Communications Travel Expense Dues, Memberships & Subscriptions Maintenance of Machinery & Equipment Printing & Office Supplies Office Furniture & Equipment-Repl. (1) Office Furniture & Equipment-New (2) Total Municipal Court (1) One electric typewriter (2) Two filing cabinets One 5-drawer filing cabinet LUNACY COMMISSIONS - 21 Fees for Professional & Special Services Travel Expense Total Lunacy Commissions COMMONWEALTH'S ATTORNEY - 22 Personal Services (1) Communications (2) Travel Expense (3) Maintenance of Machinery & Equipment (2) Printing & Office Supplies (2) Total Commonwealth's Attorney (1) 50% paid by Commonwealth (2) 50% reimbursed by Commonwealth (3) Commonwealth of Virginia will reimburse maximum of $60.00 per person SERGEANT - 23 Personal Services (1) Communications (2) Travel Expense (3) Maintenance of Machinery & Equipment (2) Automobile Allowance (2) @ 9¢ a mile Printing & Office Supplies (2) Total Sergeant (1) 2/3 paid by the Commonwealth (2) 2/3 reimbursed by the Commonwealth (3) Commonwealth of Virginia will reimburse maximum of $60.00 per person $135,940. O0 1,300. O0 2,700. O0 3,520 O0 250 O0 300 O0 14 O0 150 O0 800 O0 6,200 O0 2,300 O0 450 O0 250 O0 389 O0 .1,~24 O0 90,133.00 1,035 O0 250 00. 220 O0 400 O0 2,200 O0 350 O0 445 O0 8,000.00 150.00 25,300.00 900.00 60.00 80.00 415.00 26,913 33 1,500 O0 180 O0 250 O0 5,500 O0 ...!,000 O0 $156,287.00 95,033.00 8,150.00 26,755.00 35,343.33 159 BAIL COMMISSIONER - 24 Fees for Professional g Special Services (i) Printin9 & Office Supplies Total Bail Commissioner (1) Each Bail Commissioner is paid fees he collects CLERK OF COURTS - 25 Personal Services Communications Travel'Expense Insurance Rentals Dues, Memberships & Subscriptions Maintenance of Machinery & Equipment Printing ~ Office Supplies Operating Supplies g Materials Total Clerk of Courts JAIL - 26 Personal Services (1) Utilities (2) Fees for Professional G Special Services (2) Communications (2) Maintenance of Machinery ~ Equipment (2) Printing G Office Supplies (2) Clothing g Personal Supplies (2) Clothing for Work Gang Food Supplies (2) Medical and Housekeeping Supplies (2) Total Jail (1) 2/3 paid by Commonwealth (2) Reimbursed by Commonwealth on basis of cost per prisoner day JUVENILE DETENTION HOME - 27 Personal Services (1) Utilities (2) Fees for Professional ~ Special Services (1) Communications (2) Travel Expense (2) Insurance Dues, Memberships g Subscriptions (2) Maintenance of Machinery g Equipment (2) Automobile Allowance (2) Printing & Office Supplies (2) Clothing g Personal Supplies (2) Food Medical g Housekeeping Supplies (2) Operating Supplies g Materials (2) Motor Fuel & Lubricants (2) Other Equipment-Repl. (2) (3) Total Juvenile Detention Home (1) 66 2/3 reimbursed by Commonwealth (2) 100% reimbursed by Commonwealth (3) One electric washin9 machine $ 4,000.00 I00.00 87,868 O0 1,250 O0 200 O0 1,475 O0 1,500 O0 75 O0 650 O0 4,800 O0 9,600 00 35,140 O0 950 O0 7,000 O0 500 O0 650 O0 300 O0 750 O0 500 O0 35,000 O0 2,000.00 84,855 O0 3,275 O0 3,000 O0 750 O0 500 O0 15 O0 15 O0 75 O0 50 O0 330 O0 2,OOO O0 15,500 O0 4,500 O0 150 O0 300 O0 $ 4,100. O0 107,418.00 82,790.00 115,315.00 1,60 ROANOKE CITY HEALTH DEPARTMENT - 31 Salaries Special Payments Contractual Services Supplies Equipment Rent Insurance Travel $394 541.00 50 000. O0 16 000. O0 BO 000. O0 4 000. O0 40 500. O0 100.00 2o,qoo.oo Total Roanoke City Health Department Roanoke City 45% (i) (1) To be paid to Commonwealth of Virginia OTHER HEALTH AGENCIES - 32 HELP, Incorporated (1) Roanoke Guidance Center (1) 12,000.00 ,. I4,030.50 Total Other Health Agencies (1) Contributions HOSPITALIZATION - 35 Fees for Professional & Special Services I80,000.00 Total Hospitalization PUBLIC ASSISTANCE - 37 Personal Services 60% Fees for Professional & Special Services 60% Communications 60% Travel Expense 60% Education 60% Insurance 60% Rentals 60% Dues, Memberships & Subscriptions 60% Maintenance of Machinery g Equipment 60% Foster Care 50% General Relief 62~% Old Age Assistance 84~% Aid to Dependent Children 84.1% Aid to Permanently g Totally Disabled 83.15% Aid to Blind 84% Emergency Relief Medical Assistance to the Aged 85.77% Automobile Allowance 60% Printing A Office Supplies 60% Motor Fuel g Lubricants 60% Data Processing 60% Burial of Paupers Office Furniture g Equipment-Repl. 60% (1) Vehicular Equipment-Repl. 60% (2) Office Furniture g Equipment-New 60% (3) Vehicular Equipment 60% (4) 329,394.50 3,000.00 5,200.00 1,650.00 350.00 10.00 15,310.00 250. O0 1 ,200. O0 351 000.00 120 000.00 539 100.00 1,062 690 O0 327 480 O0 37 000 O0 12 000 O0 5 000 O0 600 O0 9,200 O0 B50 O0 2,400 O0 600 00 1,880 50 7,750 O0 1,126 20 2,000.00 Total Public Assistance (1) Three electric typewriters One transcriber Five conference chairs (2) Four automobiles (3) Two filing cabinets Twelve folding chairs with padded seats One recording machine One executive type metal desk and one executive type swivel chair (4) One automobile 605,141.00 285,749.00 319,392.00 26,030.50 180,000.00 2,837,041.20 161 CITY HOME - 39 Personal Services Utilities Fees for Professional g Special Services Communications Travel Expense Insurance Maintenance of Machinery g Equipment Printing g Office Supplies Clothing & Personal Supplies Food, Medical & Housekeeping Supplies Operating Supplies g Materials Motor Fuel & Lubricants Office Furniture g Equipment-Repl. (1) Other Equipment-Repl. (2) Other Equipment-New (3) $156,103 O0 5,000 O0 11,650 O0 554 O0 150 O0 287 O0 50 O0 25000 1,500 O0 43,000 O0 4,000 00 300 O0 195 00 3,505 O0 ._ 1,215 O0 Total City Home (1) One metal executive desk (2) Six metal bedside cabinets One ice machine One electric floor polisher Twelve mattresses for hospital beds Twelve hospital beds (3) Twelve pair of bed rails One snow plow attachment Six patient chair tables One chain saw DISTRIBUTION OF SURPLUS COMMODITIES - 40 Personal Services Utilities Communications Printing & Office Supplies Operating Supplies & Materials Motor Fuel & Lubricants 5,284.00 200.00 275.00 150.00 100.00 I00.00 Total Distribution of Surplus Commodities POLICE DEPARTMENT - 45 Personal Services Court Attendance Overtime Fees for Professional & Special Services Communications Travel Expense Education Insurance Dues, Memberships & Subscriptions Maintenance of Machinery ~ Equipment Investigations, Studies ~ Rewards Gratuities Printing & Office Supplies Clothing & Personal Supplies (1) Operating Supplies & Materials Motor Fuel & Lubricants Office Furniture & Equipment (2) Vehicular Equipment-Repl. (3) Other Equipment-Repl. (4) Other Furniture ~ Equipment-New (5) Vehicular Equipment (.Additional) (6) Other Equipment-New (7) 1,132 542.00 9 6OO.OO 9 000.00 1 450.00 8 644.30 1 100.00 7 900.00 80.21 1,250.00 1,000.00 1,000.00 200 O0 5 500 O0 22 500 O0 10 000 O0 16 000 00 2 941 53 24 505 O0 1 057 50 401 OQ 20,700 O0 964.55 Total Police Department (1) Uniforms to be purchased and owned by the city (2) One Dictaphone Dictating Machine One Dictaphone Transcribing Machine One desk Two 3 x 5 filing cabinets One electric typewriter One stenographers chair One secretarial desk One Dictaphone Transcribing Machine (3) Ten 1969 automobiles Boat for Carvins Cove (4) Fifteen pairs handcuffs Fifteen police revolvers (5) One camera complete (6) Nine 1969 automobiles (7) Transistorized miniature radio transmitter $227,759.00 6,109.00 1,270,336.09 162 MEDICAL EXAMINER - 46 Fees for Profession-al g Special Services 500. O0 Total Medical Examiner FIRE DEPARTMENT - 47 Personal Services Utilities Communications Travel Expense Education Rentals Dues, Memberships & Subscriptions Maintenance of Machinery & Equipment Automobile Allo,ance Printing & Office Supplies Clothing & Personal Supplies Food, Medical & Housekeeping Supplies Operating Supplies & Materials ~otor Fuel & Lubricants Vehicular Equipment-Repi. (1) Other Equipment-Ne~ (2) 1,279,925.00 8,I75 O0 4,126 O0 600 O0 1,000 O0 50 O0 275 O0 11,500 O0 I,IO0 O0 900 O0 20,200 O0 3,000 O0 6,000 O0 3,000 O0 23,600 O0 ,,, 3,965 O0 Total Fire Department (1) One 750 G.P.M. Fire Pumper One four-door sedan (2) Four self contained breathing apparatus 1,500 feet fire hose One air compressor T~o battery chargers One la~n mo~er. DEPARTMENT OF BUILDINGS - 48 Personal Services Fees for Professional & Special Services Communications Travel Expense Insurance Dues, Memberships & Subscriptions Maintenance of Machinery & Equipment Automobile Allowance Printing & Office Supplies Operating Supplies.& Materials Motor Fuel & Lubricants Office Furniture &.Equipment-Repl. (1) Vehicular Equipment-Repl. (2) 68,948 O0 2,000 O0 1,050 O0 600 O0 369 29 212 O0 75 O0 2,100 O0 913 O0 100 O0 500.00 307.00 1,800.00 Total Department of Buildinos (1) Chair One typewriter. (2) Automobile AIR POLLUTION CONTROL - 49 Personal Services Communications Travel Expense Dues, Memberships ~ Subscriptions Maintenance of Mach.inery G Equipment Printing & Office Supplies Operating Supplies ~ Materials Motor Fuel & Lubricants Other Equipment-Repl. (1) 12,920 O0 450 O0 472 O0 50 O0 400 O0 225 O0 130 O0 350 O0 200 O0 Total Air Pollution Control (1) One I.I.S.I. Spot Evaluator Machine ARMORY - 50 Personal Services Utilities Insurance Food, Medical ~ Housekeeping Supplies Operating Supplies & Materials 4,524.00 7,000.00 16.45 500.00 200.00 Total Armory $ 4,500.00 1,367,416.00 78,974.29 15,197.00 12,240.45 163 LIFE SAVING CREWS - 51 Personal Services Utilities Communications Insurance Dues, Memberships & Subscriptions Maintenance of Buildings & Property Maintenance of Machinery & Equipment Printing & Office Supplies Food, Medical & Housekeeping Supplies Operating Supplies & Materials Motor Fuel & Lubricants Total Life Saving Crews CIVIL DEFENSE - 52 Personal Services Operating Supplies ~ Materials Total Civil Defense ENGINEERING - 56 Personal Services Fees for Professional & Special Services Communications Travel Expense Education Insurance Dues, Memberships & Subscriptions Maintenance of Machinery g Equipment Automobile Allowance Printing g Office Supplies Operating Supplies g Materials Motor Fuel g Lubricants Operational g Construction Equipment-New (1) Total Engineering (1) One Polaroid camera complete TRAFFIC ENGINEERING g COMMUNICATIONS - 57 Personal Services Utilities Communications Travel Expense Education Insurance Rentals Dues, Memberships ~ Subscriptions Maintenance of Buildings ~ Property Maintenance of Machinery & Equipment Printing ~ Office Supplies Food, Medical ~ Housekeeping Supplies Operating Supplies g Materials Motor Fuel g Lubricants Supplies & Materials-Construction Office Furniture & Equipment-Repl. (1) Vehicular Equipment-Repl. (2) Other Equipment-Repl. (3) Other Equipment-New (4) 1 , 200 O0 i ,400 O0 I, 000 O0 600 O0 50 O0 500 O0 200 O0 I00 O0 450 O0 4,900 O0 600 O0 12,200.00 15,210.00 201,591 O0 8,000 O0 1,500 O0 1,000 O0 400 O0 60 O0 250 O0 625 O0 600 O0 1,700 O0 6,000 O0 1,350 O0 170 O0 162,126.00 7, B35. O0 1 ,602.90 350.00 200.00 50.00 200.00 150.00 200 00 5,535 O0 540 O0 215 O0 10,075 O0 1,400 O0 1,000 O0 805 O0 1,500 O0 27,556 O0 22,B45 O0 Total Traffic Enoineering and Communications (1) One electric typewriter One office desk One office chair (2) Used line truck with hydraulic boom (3) Eleven vehicular two-way radios Replacement of signal ~ alarm equipment Two 10" fire alarm bells Four 6" fire alarm bells Four fire alarm boxes Additional equipment for main fire alarm switchboard 54 double head parking meters Two oscilloscopes Five vehicular two-way radios $ 11,000.00 27,410.00 223,246.OO 244,184.90 164 (4) Traffic signal installation; Jefferson Street G Third Street, S. E. Master fire alarm box - West End School Master fire alarm box - Harrison School Master fire alarm box - Belmont Elementary School Nine vehicular .two-way radios One vehicular two-way radio One portable two-way radio. One explosimeter Traffic signal .installation; Jefferson Street-Wiley Drive One vehicular two-way radio STREET REPAIR - 58 Personal Services Utilities Communications Maintenance of Buildings & Property (1) Maintenance of Machinery & Equipment Printing g Office Supplies Food, Medical ~ Hou.sekeeping Supplies Operating Supplies ~ Materials Motor Fuel g Lubricants Vehicular Equipment-Rep1. (2) Operational & Construction Equipment-Repl. (3) Operational ~ Construction Equipment-New (4) $303,414.00 1,000.00 950.00 350~,000.00 200.00 400.00 1,000,.00 4,500.00 8,500. O0 4,800. O0 2,225.00 3,325.00 Total Street Repair (1) Includes $250,000.00 for paving contract (2) One 2~-ton dump truck (3) One 230 gallon tar kettle Two extra heavy duty mowers (4) One asphalt penetrating heater One earth auger attachment STREET SIGNS AND MARKINGS - 59 Personal Services Communications Maintenance of Machinery ~ Equipment Printing G Office Supplies Food, Medical & Housekeeping Supplies Operating Supplies & Materials Motor Fuel & Lubricants Operational & Construction Equipment-New (1) 49,340,00 275.00 600.00 100.00 100.00 33,500.00 800.00 4,125.00 Total Street Signs and Markings (1) One line marking machine Portable air compressor Silk screen printing table STREET LIGHTING - 61 Utilities Maintenance of Machinery & Equipment 144,046.00 500.00 Total Street Lightin~ SNOW AND ICE REMOVAL - 62 Rentals Operating Supplies and Materials (3) Motor Fuel ~ Lubricants Operational ¢ Construction Equipment-Repl. (1) Operational ¢ Construction Equipment-New (2) Overtime Total Snow and Ice Removal (1) Two snow plows Four snow plows (2) Tail gate chemical spreader - two (3) 14 rubber blades for snow plows 10,000.00 21,820.00 1,000.00 6,600.00 1,650.00 35,000.00 $680,314.00 88,840. O0 144,546.00 76,070.00 165 MUNICIPAL BUILDING - 63 Personal Services Utilities Communications Insurance Rentals Housekeepin9 Supplies Operational & Construction Equipment-Repl. (1) Other Equipment-New (2) Total Municipal Building (1) One floor buffing machine (2) Three air conditioning units MAINTENANCE OF CITY PROPERTY - 64 Personal Services Utilities Fees for Professional ~ Special Services Communications Insurance Rentals Dues, Memberships & Subscriptions Maintenance of Buildings g Property Maintenance of Machinery ~ Equipment Printing & Office Supplies Food, Medical & Housekeeping Supplies Motor Fuel & Lubricants Office Furniture & Equipment-Repl. (1) Vehicular Equipment-Repl. (2) Operational & Construction Equipment'-Repl. (3) Vehicular Equipment-New (4) Operational & Construction Equipment-New (5) Total Maintenance of City Property (1) Standard electric typewriter (2) One stake body truck (3) Three window air conditioner units (4) One W-ton pick-up truck with utility body (5) Hand operated portable grout pump One portable electric pipe threader One gasoline powered utility pump AIRPORT - 65 Personal Services Utilities Communications Travel Expense Education Insurance Rentals Dues, Memberships ~ Subscriptions Maintenance of Buildings and Property Maintenance of Machinery G Equipment Automobile Allowance Printing & Office Supplies Food, Medical G Housekeeping Supplies Operating Supplies and Materials Motor Fuel G Lubricants Supplies and Materials-Construction Motor Fuel G Lubricants-Resale Building & Fixed Furniture-Repl. (1) Operational Equipment-Repl. (2) Unclassified Repl. Highway Signs (3) Other Equipment-Repl.(4) Operational G Construction Equipment-New (5) Other Equipment-New (6) Total Airport (1) Fuel serv. ice ramp house - one (2) One electric vacuum cleaner (3) Directional sign (4) One portable pressure washer with electric pump (6) Directional sign (5) Public seating - lobby chairs and furniture $ 46,076.00 13,000.00 231.00 650.00 13,750.00 4,800. O0 350.00 950.00 164,204 O0 80 O0 600 O0 675 O0 I5,000 O0 700 O0 50 O0 231,750 O0 50 O0 550 O0 5OO O0 1,430 O0 400 O0 3,475 O0 975 O0 2,900 O0 725 O0 1.36,317.00 15,000.00 4,000.00 500.00 500.O0 2,200.00 10,000.00 175.00 53,000.00 1,O00.O0 480 O0 600 O0 5 000 O0 3 925 O0 1 000 O0 3 000 O0 200 000 O0 5 000 O0 85 O0 500 O0 315 O0 500 O0 500 O0 $ 79,809.00 424,064.00 443,597.00 166 MARKET - 66 Personal Services Utilities Communications Travel Expense & Education Advertising Rentals Dues, Memberships & Subscriptions Maintenance of Machinery & Equipment Automobile Allowance Printing & Office Supplies Food,Medical & Housekeeping Supplies Operating Supplies and Materials Motor Fuel & Lubricants Office Furniture & Equipment (1) Vehicular Equipment-New (2) Other Equipment-New (3) Total Market (1) One secretary desk and chair (2) Compact truck (3) Graduated liquid measuring device set Two testing tape - cloth measuring devices SEWER MAINTENANCE - 67 Personal Services Utilities Maintena rice of Buildings & Property Maintenance of Machinery & Equipment Operating Supplies & Materials Motor Fuel & Lubricants Vehicular Equipment-Repl. (1) Operational & Construction Equipment-New (2) Total Sewer Maintenance (1) One 2~-ton dump truck (2) One sewer rodding machine STREET CLEANING - 68 Personal Services Overtime Communications Maintenance of Machinery & Equipment Food, Medical & Housekeeping Supplies Operating Supplies and Materials Motor Fuel and Lubricants Vehicular Equipment-Repl. (1) Total Street Cleaning (1) 3q-ton cab and ,chassis complete REFUSE COLLECTION & DISPOSAL - 69 Personal Services Utilities Communications Maintenance of Machinery & Equipment Printing & Office Supplies Food,Medical ~ Housekeeping Supplies Operating Supplies and Materials Motor Fuel & Lubricants Supplies & Materials-Construction Vehicular Equipment-Repl. (1) Other Equipment-Repl. (2) Office Furniture & Equipment-New (3) Vehicular Equipment-New (4) Other Equipment-New (5) Total Refuse Collection and Disposal $ 64,016 O0 13,025 O0 275 O0 400 O0 50 O0 3,000 O0 75 O0 100 O0 440 O0 800 00 2,200 00 500 O0 400' O0 284 50 3,I00 .DO 375 O0 I30,004 O0 50 O0 23,000 O0 700 O0 7,000 O0 1,200 O0 4,800 O0 ~,.200 O0 182,144 O0 200 O0 275 O0 3,000 O0 100 O0 3,000 O0 5,000 O0 12,500.00 753,891.00 9,500.00 1,500.00 200.00 200.00 900.00 4,000 O0 24,700 00 10,000 O0 40,300 O0 180 O0 280 O0 21,000 O0 250 O0 $ 89,040.50 171,954 O0 206,219.00 866,901.00 (1) One car 3/4-ton cab and chassis 3/4-ton cab and chassis 3/4-ton cab and chassis 3/4-ton cab and chassis Four Dempster Dumpster boxes (2) One gasoline powered rotary mower (3) Two file cabinets Stationery storage cabinet (4) Dumpmaster (5) Portable outhouse GARAGE - 71 Personal Services Utilities Communicat ions Insurance Maintenance of Machinery & Equipment Printing and Office Supplies Food, Medical & Housekeeping Supplies Operating Supplies ~ Materials Motor Fuel ~ Lubricants Vehicular Equipment-New (1) Other Equipment-New (2) Total Garage (1) One lb-ton wrecker (2) One motorcycle jack One three-pronged sprocket puller One vibrater sander RECREATION, PARKS g RECREATIONAL AREAS - 75 Personal Services Utilities Fees for Professional & Special Services Communications Travel Expense & Education Advertising Insurance Rentals Dues, Memberships & Subscriptions Maintenance of Building g Property Maintenance of Machinery & Equipment Automobile Allowance Printing ~ Office Supplies Food, Medical & Housekeeping Supplies Operating Supplies ~ Materials Motor Fuel ~ Lubricants Other Equipment-Repl. (I) Buildings ~ Fixed Equipment-New (2) Other Equipment-New (3) Total Recreation, Parks Recreational Areas (1) One lot playground equipment One lot bleacher boards Five hand operated mowers Backstop and fencing material One chain saw (2) Seal and resurface 4 tennis courts at Wasena Park Two outdoor blacktop basketball courts Night light tennis courts at Shrine Hill Park Grading and other related work at Garden City Park (3) 30 picnic tables Two kilns Fifty foxing steel chairs for Garden City Center $224,968.00 6,200 00 1,100 00 22,724 00 150,000 00 975 O0 550 00 5,850 O0 950 00 10,550 O0 510 O0 350,954.00 20,000.00 1,050.00 4,400 O0 750 O0 500 O0 BO0 O0 650 O0 150 O0 1 050 O0 6 500 O0 1 620 O0 1 500 00 3 850 O0 25 995 O0 1 800 O0 8 95O O0 24 500 00 "1,750.00 $424,377.00 456,769.00 ;[67 STADIUM & ATHLETIC FIELD - 76 Personal Services Utilities Communications Advertising & Promotion Insurance Food, Medical & Housekeeping Supplies Operating Supplies.& Materials Other Equipment-Repl. (I) $ 22,120.00 6,000.00 250.00 3,000,00 600.00 2,000.00 3,000.00 8oo.00 Total Stadium & Athletic Field (1) Four pieces of canvas tarpaulin CIVIC C~NTER - 77 Personal Services Communications Travel Expense (1~ Education Advertising Dues, Memberships & Subscriptions Automobile Allowance Printing & Office Supplies Promotion Expense Office Furniture g Equipment-New (2) 23,272.00 1,000.00 4,500.00 200.00 750.00 200.00 600.00 2,000.00 450.00 35O.OO Total Civic Center (1) $1,500.00 to pay moving expense of Director (2) Secretarial desk and chair LIBRARIES - 80 Personal Services Utilities Communications Travel Expense Insurance Rentals Dues, Memberships g Subscriptions Maintenance of Machinery & Equipment Automobile Allowance Printing G Office Supplies Food, Medical G Ho'usekeeping Supplies Operating Supplies& Materials Motor Fuel g Lubricants Office Furniture & Equipment-Repl. (1) Office Furniture g' Equipment-New (2) Other Equipment-New (3) 227,283.00 10,000.00 3,000.00 700.00 27.41 2,400 00 350 O0 2,300 O0 240 00 4,000 00 3,300 O0 95,000 O0 200 00 721.50 281.75 3,.349.50 Total Libraries (1) Three manual typewriters (2) Three typing stands Manual typewriter poster type Library keyboard (3) Three metal book tracks Reel model gasoline powered lawn mowor Two 72 tray expandable card catalog cabinets Labeling system Floor polisher Work table Convex reflectors PLANNING COMMISSION - 83 Personal Services Fees for Professional G Special Services (1) Communications Travel Expense (2) Education Dues, Memberships G Subscriptions Maintenance of Machinery ~ Equipment Automobile Allowance Printing g Office Supplies Operating Supplies g Materials Motor Fuel G Lubricants 61,264 O0 15,348 15 750 O0 1,800 O0 300 O0 550 O0 160 O0 200 O0 2,800 O0 500 00 15000 Total Planning Commission (1) For City's proportional cost of Regional Planning Commission. No.projects to be participated in except those previously approved by the City Council (2) Included for Commission $300.00 $ 37,770.00 33,322.00 353,153.16 83,822.15 BOARD OF ZONING APPEALS- 04 Personal Services Communications Travel Expense Advertising Dues, Memberships & Subscriptions Maintenance of Machinery & Equipment Printing & Office Supplies $ 4,009 O0 150 00 150 00 200 O0 60 00 42 00 305 00 Total Board of Zoning Appeals ELECTORAL BOARD - 05 Personal Services Fees for Professional & Special Services Communications Rentals Dues, Memberships ~ Subscriptions Maintenance of Machinery & Equipment Automobile Allowance 9¢ per mile Printing & Office SuppLes Office Furniture g Equipment-New (1) 23,340.00 6,335.0O 600.00 18,276.40 120.00 1,275.00 100.00 8,000.00 200.00 Total Electoral Board (1) One typewriter STREET CONSTRUCTION - 87 Personal Services Operating Supplies g Materials Motor Fuel g Lubricants Supplies & Materials-Construction Operational g Construction Equipment-New (1) Land-Rights of Way 64,392 00 1,500 00 1,500 00 90,000 00 770 00 B,000 00 Total Street Construction (1) Two air tampers SEWER AND DRAIN CONSTRUCTION - 81t Personal Services Operating Supplies & Materials Motor Fuel & Lubricants Supplies & Materials-Construction Operational & Construction Equipment-Repl. (1) Land-Rights of Way 73,472 00 2,500 00 1,000 O0 43,000 00 3,966 00 500 00 Total Sewer and Drain Construction (1) Two Jack Hammers Two air tampers One ~3 Atlas blasting machine Two air drills CAPITAL FUND - 89 Ail projects (1) 1,243,775.00 Total Capital Fund (1) Municipal Building Construction of New Main Fire Station Jefferson High School Improvements Junior High School - Northwest Area 100 Junior High School - Southwest Area 200 Downtown East Project Industrial Access Road Garden City Boulevard Widening Curb, Gutter and Sidewalk Sanitary Sewer - Jefferson Hills Sewer Line Replacement-¥ernon Ave. Property Adjacent to Norwich Park Property S.E. corner Washington Park Construction Shelter-Jackson Park Construction Shelter-East Gate Park Juvenile Detention Home Addition Jail Lock-Up Overlay Portion Runway 23 200,000.00 100 000 000 000 775 000 000 000 000 000 000 000 000 000 000 000 000 51 125 25 50 110 20 15 7 14 14 27 40 65 00,000 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 $ 5,796.00 5B,246.40 166,162.00 124,440.00 1,243,775.00 i70 CAPITAL IMPROVEMENT PROGRAM - BgA Capital Improvement Program Civic Center $ 750,000.00 3,275,5Q0.00 Total Capital Improvement Program NON-DEPARTMENTAL - 91 Cour.t Costs Personal Injuries Damage to Property Damages by Dogs Workmen's Compensation Fees for Professional g Special Services State Tax Property Purchased-Under Tax Sales Refund Taxes Refund Assessments. Refund Accou'nts Refund License Taxes Refund Fines Annexation Decree 1965-Loss of Revenue (1) Annexation Decree 1967-Loss of Revenue (2) Annexation Decree 1968-Loss of Revenue (3) Annexation 500.00 1,000 00 1,000 O0 200 00 5 000 O0 10 000 00 I 200 00 i 000 00 6 000 O0 I 500.00 25 000.00 3 000.00 1 500.00 29 279,71 3,I96,77 29 ( 250,28 25,000.00 Total Non-Departmental (1) Due in equal installments as follows: 12-1-68 $29,279.71, 12-1-69 $29,279.71 (2) Due in equal iastallments as follows: 12-1-68 $3,196..77, 12-1-69 $3,196.77, 12-1-70 $3,196.77, 12-1-71 $3,196.77 (3) Due in equal installments as follows: 12-1-68 $29,250.28, 12-1-69 $29,250.28, 12-1-70 $29,250.28, 12-1-71 $29,250.18, 12-1-72 $29,250.28. SERIAL BOND MATURITIES -92 Set Set Ser Set Ser Ser Set Ser les "GG" due March 15 les "II" due June 15 les "JJ" due June 15 les "KK" due August 1 les "DD" due August 15 les "KK" due September 15 les "DD" due October 1 les "EE" due October 1 Series "FF" due October 1 Series "B" due December 1 Series "C" due December 1 Series "KK" due December 1 Series "LL" due December 15 57,000 O0 58,000 O0 45 000 00 130 000 O0 70 000 O0 80 000 O0 70 000 00 14 000 O0 5 000 00 20 000 00 17 000 00 100 000 O0 28,000 O0 Total Serial Bond Maturities REDEMPTION' OF OTHER LONG-TERM DEBT - 94 School Literary Loan 1949 Annexation Debt Water Department Loan (Hangar) 1965 Annex Debt (County) 1960 Annexation Debt-County (1) 16,750.00 9,372.60 15,887.68 4,520.08 52,580.38 Total Redemption of Other Long-Term Debt (1) Payment in full INTEREST ON INDEBETEDNESS - 95 Interest on School Literary Loan Interest on Serial Bonds Interest on Water Department Loans Paying Agent's Fees Interest on County of Roanoke Debt (1949) Interest on County of Roanoke Debt (1965) 3,735.00 259,141.87 8,746.41 1,100.00 675.70 1,835.99 4,025,500.00 143,626.76 694,000.00 99,110.74 Total Interest on Indebtedness 275,234.97 TERMINAL LEAVE - 97B Terminal Leave Total Terminal Leave CONTINGENCIES - 9B Contingencies Total Contingencies TOTAL APPROPRIATIONS $ 20,000.00 58 , 752.82 SCHOOLS - ADMINISTRATION - I000 Personal Services Supplies, Stationery, Printing and Etc. Postage, Telephones and Telegraph Contracted Services, Payroll & Personnel Reports and Publications School Census Administrative Travel 187 844.00 8 000.00 7 500.00 9 000.00 3 750. O0 2 250.00 3 , 000 ..00 Total Schools - Administration SCHOOLS - INSTRUCTION - 2000 Personal Services Instructional Supplies Textbooks Travel Expense-State Aided Employees Blue Ridge'ETV-Operatin9 Cost Accreditat ion-RegionaI Auto Driver Training-Operation f~ Upkeep Expense, Chaperons for Literary and Athletic Activities Commencement Costs Travel and Conference Attendance Teacher Procurement In-Service Training Date Processing-PupiI Records 8,371 025.00 224 030.00 93 615.00 3 000.00 48 645.0O 6 250.00 650.00 3,200.00 2,500.00 13,500.00 700.00 30,000.00 7,580.00 Total Schools - Instruction SCHOOLS - ATTENDANCE SERVICES - 3000 Personal Services Travel 53,076.00 2,100.00 Total Schools - Attendance Services SCHOOLS - HEALTH SERVICES - 4000 Personal Services Supplies 7,1 00. O0 800. O0 Total Schools - Health Services SCHOOLS - PUPIL TRANSPORTATION - 5000 Personal Services Supplies (Gas, Oil and Greasing) Maintenance of Equipment Vehicular Equipment (1) :iTransportation Insurance (Station Wagon) Iransportation by Contract 5,400 O0 600 O0 1,200 O0 2,250 O0 560 O0 36,000 O0 Total Schools - Pupil Transportation (1) One Carry-All $ 20,000.00 58,752.82 20,759,974.59 221,344.00 8,804,69 5. O0 55,176.00 7,9 00. O0 46,010.00 172 SCHOOLS - OPERATION OF SCHOOL PLANT - 6000 Personal Services General Building SUpplies School Telephones Fuel and Power Gas Water Upkeep g Operation of Trucks 580 305 00- 59 600 O0 29 500 O0 153 000 O0 2 200 O0 20 000 O0 2,250 O0 Total Schools - Operation of School Plant SCHOOLS - MAINTENANCE OF PLANT &.EQUIPMENT - 7000 Personal Services Repair and Upkeep of Buildings & Equipment Vehicular EquiPment (1) Operational Equipment (2) Maintenance of Instructional and Office Equipment Office Furniture and Equipment (3) Operational Equipment (4) Repairs to Furniture and Equipment General Repair and Replacement of Office Furniture (5) Replacement of Classroom Furniture (6) 308 525.87 124 351.00' 7 350.00 3 260.00 50.950.00 6 045.00 22 048.00 3 000.00 553.00 9,520.00 Total Schools - Maintenance of Plant g Equipment (1) One 3/4 ton truck One 3/4 ton pick-up truck One passenger car (2) One power sk:ill saw One lot scaffold and rigging equipment One lot welding equipment One floor machine Two Snow Plows Six small lawn mowers (3) Four electric typewriters Nine manual typewriters Nine duplicators Nine adding machines (4) Seven Filmstrip slide projectors w/ case Two opaque projectors Five sound movie projectors Five Tape recorders Four record players Four screens Three darkening curtains One projector cart One copy machine Amaco kil.n 62 manual typewriters Ten Panelite gym mats Nine sewing machines One 14" band saw Senior Hi,gh Band instruments gunior High Band instruments One joint, er One router One ~2" arbor saw One single stage compressor One 14" precision lathe (5) One office desk Six office chairs Two office legal files (6) Classroom desks and chairs Teacher desks and chairs Classroom tables Cafeteria chairs Stage and dark-out curtains Clinic scales $ 846,855.00 535,602.87 173 SCHOOLS - FIXED CHAR6ES - 8000 Personal Services Retirement System Contributions Social Security-Other Insurance Rentals Insured Deposit Service 3,200.00, 78,883.00 15,000.00 38,665.00 21,468.00. ... 3,700.00 Total Schools - Fixed Charges $ 160,916.00 SCHOOLS - FOOD SERVICES - 9000 Personal Services Supplies Food Retirement System Contributions Maintenance (Repairs) Maintenance of Equipment Replacement Cafeteria Operational Equipment (1) Extermination Services Insured Deposit Services Inventory Control-Data Processing Services Storage Upkeep and Operations of Trucks Telephones, Postage and Travel 420 740 54 12 500 O0 399 500 O0 41 066 O0 8 000 O0 7 800 O0 10 850.00 600.00 3,700 O0 1,320 O0 8,000 O0 2,000 00 2,000 00 Total Schools - Food Services 918,076.54 (1) One dishwasher - Belmont Two mixers - Melrose, Loudon Two ranges - Crystal Spring, Jamison Two refrigerators - Addison, Loudon Two milk coolers - Melrose, Booker T. Six racks for walk in refrigerator - Jefferson Two sinks - Loudon, Crystal Spring SCHOOLS - SPECIAL INSTRUCTION - 11000 Personal Services Supplies G.E.D. Program Travel 179,115.00 5,000.00 2,700.00 1,200.00 Total Schools - Special Instruction 188,015.00 SCHOOLS - IMPROVEMENTS AND BETTERMENTS - 12000 Improvements and Betterments Office Furniture and Equipment (1) Vehicular Equipment (2) Instructional Equipment (3) 31,349.00 12,218.00 3,000.00 206,073.00 Total Schools - Improvements and Betterments (1) Filing cabinets for student records Office desks and chairs Film cabinet Office table Seventeen manual typewriters One electric typewriter Two duplicators Five transparency/copy makers One typing stand Four adding machines Items and equipment to be paid for by organizations (2) One carry-all bus (3) 16 sound movie projectors 45 overhead transparency projectors 12 filmstrip slide projectors 5 opaque projectors 10 copying machines 19 portable screens 2 wall screens 34 carts for projector equipment 23 ATC listening stations 8 record players 11 tape recorders 6 record players w/ earphone 39 filmstrip viewers 600 ft. map rails 4 film cabinets 1 Inspect-O-Film 1 dehumidifer 252,640.00 38 color television receivers 38 television stands 38 indoor antennas 4 outdoor antenna installations 1 video tape recording set One floor model kiln E.D.P. Program Panels, Accessory Equip. 30 electric typewriters Equipment for office procedure instruction to equip an additional classroom to accommodate block scheduli Equipment to supplement existing office classes Equipment to extend special needs class at Addison 2 uneven parallel bars 6 educator parallels 174 6 educator side horses 6 junior balance beams 2 senior transporters 5 pr. outdoor parallel bars 10 soccer goals 2 sets practice driving stanchions 5 front signs for driver training cars 5 driving instructor's rear view mirrors 58 tote boxes 6 sewing machines 1 filing cabinet 3 storage cabinets Equipment and furnishings for occupational home economics classes, youth and adult, in 4 senior high schools 1 rod and drapery for fitting area i fitting stand 2 dust collection systems One 9" precision floor lathe 10 filing cabinets 27 language masters i metal storage cabinet 9 desk calculators 6 math typewriters Record players and tape recorders, choir risers New band instruments, record players and tape recorders Record players and tape recorders, choir risers and music files String program instruments One tape recorder with earphone Microscopes Four filing cabinets Tube testers VOM Meters Transistor checkers Power suppliers Oscilloscopes Capacitor Analyzers Decade Res. Boxes Decade Cond. Boxes VFVM Simulator One battery charger One light table & accessories One air operated end lift One hydraulic facial chair Four shampoo units Display case Files, tables and desks One adding machine One stack oven One table One portable food warmer One freezer box Student seating Library furniture and tables Black out curtains One dril:l press One vise One file cabinet One hang bin unit One steel bin unit One CRT checker Six soldering guns l0 wire strippers 2 fire extinguishers One ~" electric drill One mortise chain grinder One 24" x 5" jig saw complete One tire changer One wax coater One overhead projector One high pressure control valve Four shampoo stools One manicuring table Wrapping counter One typewriter One projector screen Six electric fans Seven bun racks One milk cooler Teacher desks and chairs Cafeteria tables and chairs Elementary classroom storage cabinets Miscellaneous SCHOOLS - MISCELLANEOUS 13000 Junior High Coaches & Officials Federal Programs Officer Secretary-Federal Programs Officer Supervision of Student Teachers Junior High Athletics-Transportation and Supplies Stadium' Rental Institute of Humanities and Mathematics Contingencies 2 845. O0 12 000. O0 4 920. O0 2 640. O0 5 740. O0 4 000. O0 7 500. O0 B , 5_0_0. 00 Total Schools - Miscellaneous $ 48,145.00 SCHOOLS - PUPIL SCHOLARSHIPS - 15000 Pupil Scholarships 36,000.00 Total Schools - Pupil Scholarships 36,000.00 TOTAL SCHOOL APPROPRIATION 12,121,375.41 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. 175 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 1968-69 Appropriation Ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force on and after July 1, 1968. APPROVED ATTE ST: .... /// , /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of June, 1968. No. 18225. 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, 1968, and ending June 30, 1969; and declaring the existence of an emergency. WHEREAS, in order to provide for the daily operation 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 that all money that shall be paid into the City Treasury for the Water General Fund in the fiscal year beginning July 1, 1968, and ending June 30, 1969, 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: PUMPING STATIONS AND TANKS - 260 Personal Services Utilities Communications Maintenance of Buildings & Property (1) Maintenance of Machinery & Equipment Printing and Office Supplies Food, Medical 5 Housekeeping Supplies Operating Supplies 5 Materials Total Pumping Stations and Tanks (1) Paint Hollins tank. $ 46,076 00 33,000 00 750 00 12,500 00 3,500 00 100 00 400 O0 800 O0 $ 97,126.00 176 PURIFICATION - 280 Personal Services Utilities Fees for Professional & Special Services Communications Rentals Maintenance of Buildings & Property Maintenance of Machinery g Equipment Investigations, Studies g Rewards Printing g Office Supplies 'Food, Medical & Housekeeping Supplies Operating Supplies and Materials Motor Fuel and Lubricants $ 99,866.00 4,500.00 3,100.00 1,000.00 5OO.OO 8,000 00 4,000 00 5,000 O0 100 00 600 00 46,000 00 100 00 Total Purification DISTRIBUTION AND TRANSMISSION - 290 Personal Services 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 & Materials 285,706 O0 4,000 O0 16,210 O0 3,000 O0 50 O0 25,000 O0 3,000 O0 200 O0 200.00 1,500.00 30,000.00 Total Distribution and Transmission GENERAL EXPENSE - 320 Personal Services Retirement Contributions Group Insurance Extra Help Administrative Expense Refund-Connection Charges Utilities Fees for Professional ~ Special Services Communications Travel Expense Education Advertising Insurance Dues, Memberships ~ Subscriptions Maintenance of Buildings ~ Property Maintenance of Machinery & Equipment Automobile Allowance Printing & Office Supplies Food, Medical ~ Housekeeping Supplies Operating Supplies ~ Materials Data Processing Total General Expense 155,207.00 43.500.00 1500.00 3 000.00 25 000.00 1 000.00 2 500 O0 18 000 O0 4 600 O0 1,000 O0 500 O0 300 O0 5,0O0 O0 400 O0 3,000.00 2,500.00 600.00 16,500. O0 1,000. O0 2,500. O0 5,000.00 SALARY & WAGE ADJUSTMENTS - 330 Terminal Leave WATER Total Salary & Wage Adjustments 2,000.00 Miscellaneous Replacement Reserve Interest on Debt Retirement of Debt Capital Outlay from Revenue (1) Total Water 10,000.00 190,000.00 55,000.00 385,000.00 37,799.00 (1) One file cabinet for storeroom Air conditioner Locker Power drill Vacuum cleaner One card unit file One tractor with backhoe and front loader Mobile radio unit 200,000 Storage Standpipe Peakwood System $172,766.00 368,866.00 292,607.00 2,000.00 677,799.00 TOTAL WATER DEPARTMENT APPROPRIATIONS 1,611,164.00 REPLACEMENT RESERVE - 500 Replacement Reserve (1) _$180,000.00 Total Replacement Reserve (1) Estimated cost of plant which will have to be replaced durin9 year which cannot be individually identified and itemized Two office chairs W-ton pick-up truck with utility body-six Automobile ~ ton pick-up truck with utility body 2 ton platform dump with tool compartments 2 ton platform dump with tool compartments Wash water pump Air compressor - Chapel Forest Pumping Station Vacuum Cleaner 1 - 20" reed pipe cutter 1 - 24" reed pipe cutter 2 No. 1 Warm Morning cast iron stoves 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 $1BO,O00.O0. BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 196B-69 Water Fund Appropriation Ordinance. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force on and after July 1, 1968. APPROVED City Clerk $180,000.00 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of June, 196B. No. 18226. 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, 1968, and ending June 30, 1969; and declaring the existence of an emergency. WHEREAS, in order to provide for the daily operation of the Municipal Government, an emergency is set forth and declared to exist. 178 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all money that shall be paid into the City Treasury for the Sewage Treatment General Fund in the fiscal year beginning July 1, 1968, and ending June 30, 1969, 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 Personal Services Retirement Contributions Group Insurance Extra Help Wages, Seasonal Overtime Terminal Leave Utilities Fees for Professional & Special Services Communications Travel Expense Education Insurance Dues, Memberships & Subscriptions Maintenance of Building & Property Maintenance of Machinery ~ Equipment Automobile Allowance Printing ~ Office Supplies Food, Medical & Housekeeping Supplies Operating Supplies ~ Materials Motor Fuel & Lubricants Administrative Expense Billing Expense Refunds and Rebates Workmen's Compensation $I54,966 O0 12,500 O0 380 O0 612 O0 9,760 70 I, 000 O0 1,000 00 27,000 00 2,250 O0 530 O0 I50 O0 375 O0 2,500.00. 75 O0 1,000 O0 18,000 O0 420 O0 500 O0 700 O0 50,600 O0 800 O0 9,600 O0 3,600 O0 1,000.00 1,300.00 Total Sewage Treatment Fund $300,618.70 SEWAGE TREATMENT FUND-MISCELLANEOUS Replacement Reserve Interest on Debt Debt Retirement Capital Outlay from Revenue (1) lOB,O00.O0 32,812.50 154,600.00 5,497.00 Total Sewage Treatment Fund-Miscellaneous 300,909.50 TOTAL SEWAGE TREATMENT FUND APPROPRIATIONS 601,528.20 (1) New fire hydrant and water line at digester house Bacteriological incubator Laboratory balance scales REPLACEMENT RESERVE Replacement Reserve (1) Total Replacement Reserve (1) Estimated cost of equipment which will have to be replaced during year which cannot be individually identified and itemized 22,500.00 22,500.00 BE IT FURTHER ORDAINED that all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof. BE IT FURTHER ORDAINED that there is hereby appropriated from the Sewage Treatment Replacement Reserve Fund for Capital Replacements $22,500.00. BE IT FURTHER ORDAINED that this Ordinance shall be known and cited as the 196B-69 Sewage Treatment Fund Appropriation Ordinance. 179 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in force on and after July 1, 1966. APPROVED ATTEST: ,/City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1968. No. 18228. AN ORDINANCE amendin9 and reordaining Section 13, Chapter 2, Title IV, of the Code of the City of Roanoke, 1956, relating to the voting place in Jefferson Precinct No. 3; and providing for an emergency. WHEREAS, the Electoral Board has recommended that the voting place in Jefferson Precinct No. 3 be changed as hereinafter provided; and for the usual daily operation of the municipal government, 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 Section 13. Voting Place in Jefferson Precinct No. 3, of Chapter 2. Precincts and Voting Places, of Title IV. Elections, of the Code of the City of Roanoke, 1956, as amended, be and said Section is hereby amended and reordained to read and provide as follows: Sec. 13. Voting place in Jefferson Precinct No. 3. The voting place in Jefferson Precinct No. 3 shall be, and the same is established at the Jamison Avenue Elementary School which is located on the south side of Jamison Avenue between Thirteenth Street and Fourteenth Street, S. E. BE IT FURTHER ORDAINEO that, an emergency existing, this ordinance be in force and effect upon and after its passage. APPROVED ATTEST: ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1968. No. 18229. AN ORDINANCE amending and reordaining Section 15, Chapter 2, Title IV, of the Code of the City of Roanoke, 1956, relating to the voting place in Jefferson Precinct No. 4; and providing for an emergency. 180 WHEREAS, the Electoral Board has recommended that the voting place in Jefferson Precinct No. 4 be changed as hereinafter provided; and for the usual daily operation of the municipal government, 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 Section 15. Voting place in Jefferson Precinct No. 4, of Chapter 2. Precincts and Voting Places, of Title IV. Elections, of the Code of the City of Roanoke, 1956, as amended, be and said Sect.ion is hereby amended and reordained to read and provide as follows: Sec. 15. Voting place in Jefferson Precinct No. 4. The voting place in Jefferson Precinct No. 4 shall be, and the same is dstablished at the Buena Vista Recreation Center, located in Jackson Park, in said Precinct. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon and after its passage. ATTE ST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1968. No. 18230. AN ORDINANCE to amend and reordain Section ~45, "Police," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~45, "PoliCe," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE ~45 Funeral Escorts (1) ............................... $ 6,500.00 (1) Net increase ........... $6,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1968. No. 18231. AN ORDINANCE amending Ordinance No. 18222, said Ordinance No. 18222 having fixed the annual compensation of certain unclassified officials and employees of the city; and providing for an emergency. WHEREAS, the Council is of the opinion that certain of the salaries of certain unclassified officials and employees of the city as established by Ordinance No. 18222 should be readjusted; and funds sufficient to pay for the increased compensation herein fixed is being appropriated by the Council in the city 1968-69 Budget; 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 certain of the terms and provisions of Ordinance No. 18222 be amended by providing that the annual compensation of the following unclassified officials and employees of the city be and the same is hereby fixed at the following sums, effective as of the 1st day of July, 1968, the remaining terms of said Ordinance No. 18222 to remain in full force and effect: Superintendent of Schools, Dorothy L. Gibboney (i) (1) $4,380.00 of this salary paid to employee by state. Business Manager and Clerk, Alfred F. Fisher Director of Personnel, M. Donald Pack Administrative Assistant, Richard P. Via Assistant Business Manager, Henry W. Crenshaw Coordinator Data Processing, Willis S. Bateman Federal Programs Officer, G. E. Moore Coordinator, Accounts and Records, W. L. Murray Maintenance Manager, Joseph R. West $21,000.00 15,500 O0 13 750 00 13 000 00 12 120 00 10 272 O0 12 204 O0 6 480.00 9 240.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance be in full force and effect upon its passage. ATTEST: Z. /City Clerk APPROVED "C~/ 0 - ~ Mayor 182 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1968. No. 18232. AN ORDINANCE to amend and reordain certain sections of the 1968-69 Appropriation Ordinance, and providing for an emer0ency. WHEREAS, for the usual daily operation of the Municipal Government 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 1968-69 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - ADMINISTRATION ~1000 Personal Services ................................... $ 191,016.00 Superintendent of Schools (1) Business Manager and Clerk (2) Director of Personnel (3) Administrative Assistant (4) Assistant Business Manager (5)- Coordinator Data Processing (6) Coordinator, Accounts and Records (7)---$ 6 $21 000.00 $I5 500.00 $13 750.00 $13 000.00 $12 120.00 $10 272.00 480.00 (1) Net increase (2) Net increase (3) Net increase (4) Net increase (5) Net increase (6) Net increase (7) Net increase $1,000.00 500.00 250.00 500.00 370.00 272.00 280.00 SCHOOLS - MAINTENANCE OF PLANT AND EQUIPMENT ~7000 Personal Services ................................... $ 308,765.87 Maintenance Manager (1) $9,240.00 (1) Net increase $ 240.00 SCHOOLS - MISCELLANEOUS ~13000 Federal Programs Officer (1) ....................... $ 12,204.00 (1) Net increase .$ 204.00 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 Bth day of July, 1968. No. 18227. AN ORDINANCE amending and reordaining the unnumbered second paragraph of Sec. 26. Town Houses, of Chapter 4.1, Title XV, relating to Zoning, of the 1,83 Code of the City of Roanoke, 1956, as amended, which section makes provision for the development of town houses within Planned Unit Developments; amending and reordaining subsection 3. Uses permitted in planned unit developments, of Sec. 29. of the aforesaid chapter and title, regulating the uses to be permitted in Planned Unit Developments; amending and reordaining subsection 4. Dwelling units permitted, of the aforesaid section, chapter and title, regulating the number of dwelling units to be permitted in Planned Unit Developments and the method of determining such number; and amending and reordaining subsection 5. Lot area and frontage, of the aforesaid section, chapter and title, prescribing the minimum lot area, lot frontage, open space and off-street parking area to be required or permitted in Planned Unit Developments. WHEREAS, the City Planning Commission on its own motion directed to the City Council and after due consideration of the proposal has recommended to the Council certain amendments of the district zoning regulations hereinafter set out and provided, in order to encourage a creative approach to the use of land, particularly by providing for density variations where developers are willing to work out detailed site plans for increased amounts of open space; and WHEREAS, pursuant to the provisions of Sec. 70 and Sec. 71, Chapter 4.1, of Title XV of the Code of the City of Roanoke, 1956, as amended, and after due publication of written notice in a newspaper having general circulation in the City more than fifteen days prior to the holding of a public hearing on the question, a public hearing was held before the Council on the 17th day of June, 1968, in accordance with said notice on the recommendations of the Planning Commission as aforesaid, 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 recommendations of said Planning Commission, the Council is of opinion that the proposals recommended by the Commission would encourage the development of. sales town houses on individual lots in the City and would allow for cluster subdivisions and other improved design concepts for residential development; and that certain provisions of sections 26 and 29 of Chapter 4.1, Title XV of the Code of the City of Roanoke, 1956, as amended, should be further amended as recommended by said Planning Commission and as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (a) That the unnumbered second paragraph of Sec. 26. Town Houses, of Chapter 4.1, Title XV of the Code of the City of Roanoke, 1956, as amended, be and said paragraph is hereby amended and reordained to read and provide as follows: Regulations as contained in this section shall be applied to town houses permitted in connection with special exceptions issued by the board of zoning appeals. Town houses may also be developed within a planned unit development, as provided in section 29 of this chapter. The board of zoning appeals shall not issue a special exception involving town houses, 184 II except upon a favorable or conditionally favorable report from the planning commission. Where conditions are attached by the planning commission, they shall be included as part of the zoning permit. The board of appeals shall not grant such exceptions except with the conditions attached by the planning commission, but the board may add conditions in granting approval. (b) That subsection 3. Uses permitted in planned unit developments, of Sec. 29. Planned Unit Developments, Chapter'4.1, Title XV of the Code of the City of Roanoke, 1956, as amended, be and said subsection is hereby amended and reordained, to read and provide as'follows: 3. Uses permitted in Planned Unit Developments. A planned unit development may be superimposed on any residential district defined in this chapter. It may contain varied single family, duplex,.multi-family or commercial uses with supporting open space and compatible facilities to provide for a harmonious environment and unitary design in residential develop- ment, All commercial uses shall be only a support function to the primary residential use of a planned unit development and intended to serve the residents of such a development. Apartments, town houses and patio houses shall not exceed fifty (50) percent of the total number of dwelling units in a planned unit .development, but this shall not apply when the planned unit development is located wholly within a district .permitting multiple family dwellings. (c) That subsection 4. Dwelling units permitted, of Section 29. Planned Unit Developments, of Chapter 4.1, Title X¥ of the Code of the City of Roanoke, 1956, as amended, be and said subsection is hereby amended and reordained, to read and provide as follows: Dwelling units permitted. The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family required by the district or districts in which the area is located except as set forth in subsection 5., next following. Net dev- elopment area shall be determined by subtracting the area set aside for churches, schools, or neighborhood business use from the gross development area and deducting fifteen percent of the remainder for streets, regardless of the amount of land actually required for streets. The area of land set aside for common open space or recreational use shall be related to the number of dwelling units permitted. Where rezoning is also requested by the applicant for approval of a planned unit development, the rezoning request will be handled simultaneously with the consideration of preliminary approval of the planned unit development. and, (d) That subsection 5. Lot area and frontage, of Sec. 29. Planned Unit Developments, Chapter 4.1, Title XV of the Code of the City of Roanoke, 1956, as amended, be and said subsection is hereby amended and reordained, to read and provide as follows: Lot area, lot frontage, open space and off- street parking· a. A lot on which there is to be constructed a single family dwelling in a planned unit development shall contain at least 6,000 square feet and have a minimum frontage of 60 feet. Areas on which there is to be constructed multi-family, town house, patio house or apartment units may have lots reduced by three-fourths (3/4) of the minimum lot area allowed in such district, but such minimum lot area shall not be less than 1,800 square feet per dwelling unit. 185 b. Any lands not required due to reduced lot area requirements shall be placed in a common open space area when applicable t:o single-family dwellings; but where multi-family, town house, patio house or apartment units are to be provided, then two (2)such units, having a minimum lot area of 1,800 square feet each, may be provided for each minimum lot required in the zoning district, and the remainder when subtracted from the minimum lot required shall be placed in common open space and off-street parking, provided the common open space constitutes at least twenty (20) percent of the net development area. c. Off-street parking shall be provided as established in the district in which a planned unit development is to be located, provided such parking need not be provided on the lot on which a dwelling is to be located but may be provided in predetermined accessible off-street parking area within 200 feet of the dwelling to be served. d. Land devoted to common open space shall be as suitable for recreational purposes as the remainder of the planned unit development, and not more than twenty-five (25) percent of the open space area may be water area. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of July, 1968. No. 18235. A RESOLUTION authorizing the City Manager to approve a metered water oonnection to certain premises located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, a representative of the owner of the property hereinafter described located outside the corporate limits of the City, abutting on an exiting water main of the City, has made application to the City to have the premises connection to the City's water system; and WHEREAS, the City Manager has investigated the application and, in view of the provisions of Resolution No. 16855 of the Council, has referred said application to the Council for consideration, recommending that said water connection be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, a metered connection to the City's 4-inch water distribution system located in the street on which the property abuts outside the City's corporate limits, of the premises located at 3448 Ashmeade Drive, S. W., known as Lot 1, Block 9, Section 2, according to the Map of Georgetown Park, such connection to be made in full compliance with the provisions established for such connections in Rule 38 of the Rules and Regulations for the operation of the City's Water 186 Department, and said water services to be hereafter supplied by the City in accordance with it, s general rules and-regulations and at such rates and charges as are generally provided in such instances. BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by the Council in its Resolution No 16855. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The Bth day of July, 1968. No. 18236. AN ORDINANCE authorizing and providing for the acquisition of a parcel of land containing approximately 500 square feet, located on the southeasterly side of Colonial Avenue, S. W., upon certain terms and conditions, for street purposes; and providing for an emergency. WHEREAS, in order to continue the widening and improvement of Colonial Avenue, S. W., it is necessary to acquire the land hereinafter described; and the Council is advised that R. Lee Mastin and Aylett B. Coleman, owners of the land abutting said street, have offered to grant and convey to the City a parcel of their land sufficient for the aforesaid purpose, containing approximately 500 square feet, for the nominal consideration of $1.00 cash, and for the further consideration that the City furnish without cost to the said owners curb, gutter, and one crossover along their residue property on Colonial Avenue, S. W.; and WHEREAS, for the usual daily operation of the municipal government ~ emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby accept the offer of R. Lee Mastin and Aylett B. Coleman to grant and convey to the City in fee simple that certain strip of land containing approximately 500 square feet, lying on the southeast side of Colonial Avenue, S. W., being the nor'thwesterly ten (10) feet of Lot 5, Block 4, according to the Map of Roanoke Colonial Heights Company, Incorporated; and the City Attorney is hereby directed to prepare and to tender to said owners for execution and delivery back to the City a proper deed of conveyance in the premises; and thereafter and upon execution and acknowledgment of said deed, the same shall be offered for recordation in the local Clerk's office, after which the City Manager is hereby authorized and directed to cause the proper city departments to cause to be installed, at no cost to the said landowners, curb, gutter, and one crossover adjacent to their residue pr0pe~ty a~ong ~0$gn~pl Avenue, S. W. BE IT FURTHER ORDAINED that, an, emergency existing, this ordinance be in full force and effect upon its passage,.,. APPROVED ATTE ST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The Bth day of July, 1968. No. 18237. AN ORDINANCE to amend and reordain certain sections of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Goverument 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 1966-69 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - MANPOWER DEVELOPMENT AND TRAINING ACT ~21000 Personal Services .................................... $ 11,008 85 Supplies ............................................. 5,825 07 Equipment ............................................ 184 14 Maintenance and Repair ............................... 300 O0 Fixed Charges ........................................ 2,852 58 Other Costs .......................................... 3,759 75 SCHOOLS - PROJECT ACT =27000 Personal Services .................................... $ 20,867 90 Supplies ............................................. Health Services ...................................... Travel ............................................... Operation of Plant ................................... Fixed Charges ........................................ Food Services ........................................ Equipment ............................................ 7,871 56 193 30 987 50 2,483 53 4,091 74 600 O0 523 80 SCHOOLS - PROJECT SECOND STEP =28000 Personal Services .................................... $ 74,592.91 Supplies ............................................. Health Services ...................................... Travel Fixed Charges ........................................ Food Services ........................................ Equipment ............................................ 54,423 23 407 43 4,572 O0 11,535 33 3,000 O0 334 22 SCHOOLS - INNER-CITY YOUTH =37000 Personal Services .................................... $ Supplies ............................................. Consultant Services .................................. Travel ............................................... Equipment ............................................ Fixed Charges ........................................ 3,827.80 48.28 982.80 838.36 61.99 722.29 188 SCHOOLS - MODEL KINDER6ARTEN ~38000 Personal Services ............................... $ Supplies ................................. Traasportal;on ~&rv;ce; .]. .. Operation of Plant .............................. Maintenance of Plant ............................ F/xed Charoes ................................... Food Services ................................... Equipment ....................................... (66 76) 18,458 57 2,782 72 (2 25) 150 O0 4,077 67 1,822 30 4,917 21 SCHOOLS - ADULT BASIC EDUCATION g39000 Personal Services ............................... $ Supplies ........................................ Travel Fixed Charoes ................................... Other Related Expenses .......................... 89.25 31 .03 .70 106.06 10.58 SCHOOLS - HEADSTART g41000 Personal Services ............................... $ 5B,453.62 Supplies ..................................... 16,420.00 Transportation Services ........ i...i ............ 5,678.93 Fixed Charges ................................... 4,582.00 Other Costs ..................................... 555.00 SCHOOLS- INSTITUTE ON UNDERSTANDING =42000 In-Services Training ............................ $ 1,500.00 SCHOOLS - KINDERGARTEN PROJECT FOLLOW-UP =43000 Personal Services ............................... $ Supplies ........................................ 4,050.00 427.50 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: y Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of July, 196B. No. 18238. AN ORDINANCE accepting the proposal of Regional Construction Services, Inc., for enlargement of hangar doors at both ends of the Piedmont Airlines hangar at Roanoke Municipal Airport to accommodate aircraft tail assemblies, raising ceiling lights, and related electrical work in said hangar; authorizing the proper City officials to execute the requisite contract; rejecting another bid made for said improvements; and providing for an emergency. WHEREAS, at the meeting of the Council held on June 24, 1968, and after due and proper advertisement had been made therefor, two (2) bids for enlargement of hangar doors at both ends of the Piedmont Airlines hangar at Roanoke Municipal Airport to accommodate aircraft tail assemblies, raising ceiling lights, and related electrical work in said hangar were received and were opened and read before the Council, whereupon both said bids sere referred to a committee for tabulation and study and for recommendation to be made thereon to the Council; and 189 WHEREAS, said committee has reported to the Council in ~writing its tabulation of said bids, from which and upon said committee's report it appears that the bid of Regional Construction Services, Inc., in the Sum of $18,801.00 is the lowest and best bid received by the City for the performance of said work; and WHEREAS, sums sufficient to pay for the cost of the contract hereinafter authorized have been or are being appropriated by the Council for the purpose; and for the usual daily operation 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 Regional Construction Services, Inc., for enlargement of hangar doors at both ends of the Piedmont Airlines hangar at Roanoke Municipal Airport to accommodate aircraft tail assemblies, raising ceiling lights, and related electrical work in said hangar, in full accordance with Alternate No. 1 of the City's plans and specifications and during the period of time mentioned in said specifications, for the sum of $18,801.00, 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 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 proposal of the other bidder for the performance of said work be, and the same is hereby REJECTED; the City Clerk to so notify said other bidder and to express to him the City's appreciation of said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTE ST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of July, 1968. No. 18239. A RESOLUTION expressing appreciation to the Ladies' Auxiliary of the Department of Virginia, Veterans of Foreign W~rs for a recent gift to the City. WHEREAS, there wa.s presented to the City of Roanoke, on the occasion of the annual State Convention of the Department of Vir. ginia, Veterans of Foreign Wars, and its Ladies' Auxiliary, recently held in the City of Roanoke, the gift of a handsomely made American flag, especially designed for display from public buildings; and WHEREAS, ,this Council deeply appreciates.: the gift of the Ladies' Auxiliary of the Department of Virginia, Veterans of Foreign Wars and intends to fly said flag from the Municipal Building in the hope that the citizen, s of the City will share the patriotism of its donors. THEREFORE., BE IT RESOLVED by the Council of the City of Roanoke that this Council, for itself and as their duly elected representatives, on behalf of the citizens of the .City of Roanoke, does hereby formally accept the generous gift of an American flag made to the City by the Ladies' Auxiliary of the Department of Virginia, Veterans of Foreign Wars, and does extend its appreciation and gratitude for this.most welcome gift to the City. BE IT FURTHER RESOLVED that the City Clerk do transmit an attested copy of this resolution to Mrs. Evelyn A. Vaughn, of Chase City, Virginia, Department Chairman of the Ladies' Auxiliary of the Department of Virginia, Veterans of Foreign Wars. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of July, 1968. No. 18240. A RESOLUTION fixing August 15, 1968, as the date for a Special Meeting of the Council of the City of Roanoke for certain purposes. WHEREAS, at the regular meeting of the Council held July 1, 1968, plans developed and prepared for the construction of the City's Municipal Building Annex were presented to the Council and, upon consideration by the Council, were generally approved, and the City Manager was directed to cause advertisement to be made for bids for construction of said new building, the same to be returnable to the City and opened and read before the Council at a special meeting thereof proposed to be held on August 15, 1968. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a Special Meeting of said City Council be held on Thursday, August 15, 1960, at 2:00 o'clock, p.m., in the Council Chambers in the Municipal Building or at such other place in the Municipal Building as the Council may hold said meeting, the purpose of which said Special Meeting shall be to publicly open and read such bids or proposals as may have been submitted to the City by such time for the construction of the City's proposed new Municipal Building Annex referred to in the City's advertisement for such bids. BE IT FURTHER RESOLVED that the City Clerk cause an attested copy of this resolution to be published once in a newspaper published and having general circulation in the City, within ten (10) days following the adoption of this resolution. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 196B. No. 18233. AN ORDINANCE permanently abandoning, vacating, discontinuing and closing all that certain portion of Missouri Avenue, N, W., lying parallel to and north of Indiana Avenue, N. W., and extending east from the Norfolk and Western Railway Company's Shenandoah Valley Division right-of-way a distance of 75 feet, as shown on Map of Hollins Road Acreage and on Sheet No. 311 of the City's Tax Appraisal Map. WHEREAS, Blue Ridge Transfer Company, Incorporated, has heretofore filed its petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the 75 foot long portion of Missouri Avenue, N. W., herein described, and due and proper notice of the filino of said petition was given to the public as required by law; and WHEREAS, in accordance with the prayers of said petition, viewers were appointed by the Council on the 20th day of May, 1968, to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said portion of said street; and WHEREAS, it appears from the written report of viewers filed with the City Clerk under date of June 20, 1968, that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing said portion of said street; and WHEREAS, Council at its meeting on the 20th day of May, 1968, referred the petition to the City Planning Commission, which Commission in its report before Council on the 10th day of June, 1968, recommended that the said portion of said street be closed; and 192 WHEREAS, a public hearing was held on the question before the Council at its meeting on the 8th day of July, 1968, at 2:09 p.m., after due and timely notice thereof published in "The Roanoke World-News," at which hearing all parties in interest and citizens were afforded an opportunity to be'heard on the question; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently abandoning, vacating, discontinuing and closing the 75 foot portion of Missouri Avenue, N. W., as prayed for in the application and as recommended by the City Planning Commission, and that accordingly said portion of said street should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following described portion of Missouri Avenue, N. W., in the City of Roanoke, Virginia, to-wit: That 75 foot portion of Missouri Avenue, N. W., lying parallel to and north of Indiana Avenue, N. W., and running in an easterly direction from the Norfolk and Western Railway (Shenandoah Valley Division) right-of=way on the west, a distance of 75 feet, as shown o-n Map of Hollins Road Acreage and on Sheet No. 311 of the City's Tax Appraisal Map. be and it is hereby permanently abandoned, 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 it is hereby released, insofar as the Council of the City of Roanoke is empowered so to do, the City of Roanoke reserving unto itself, however, a perpetual easement for sewer lines, drains, water lines and other public utilities which may now be located in and over the aforesaid street. BE IT FURTHER ORDAINED that the City Engineer be and he hereby is directed to mark "permanently vacated" on the aforesaid 75 foot portion of said street on all maps 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 for the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk of said court may, at the cost of said petitioners, make proper notation on all maps or plats recorded in his office upon which are shown said portions of the said street, as provided by law, and record the same in the current deed book in his office, indexing the same in the name of the City of Roanoke as grantor. APPROVED ATTE ST: /Ci Mayor 193 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1968. No. 18234 AN ORDINANCE amending and reordaining Sec. 2 General Duties of the Clerk, of Chapter I. Department of Markets and Clerk, Title IX. Public Markets, of the Code of the City of Roanoke, I956, providing certain additional authority and duties of the clerk of the markets with respect to weights and measures. BE IT ORDAINED by the Council of the City of Roanoke, the City Manager so recommending, that Sec, 2, General duties of the clerk, of Chapter 1. Department of Markets and Clerk, Title IX. Public Markets, of the Code of the City of Roanoke, 1956, be, and said section is hereby amended and reordained to read and provide as follows: Sec. 2. General duties of the clerk. It shall be the duty of the clerk of the markets to attend the markets and discharge all the duties prescribed for him by ordinances now existing or which may hereafter be enacted. The clerk shall open and close the markets, and shall attend to the same during market hours. The person so appointed as clerk of the markets pursuant to Sec. 1. of this chapter shall have and may exercise all of the powers conferred upon the sealer of weights and measures in Sec. 2., Chapter 2, Title XXII of this Code with respect to the inspection, examination and testing of any balances, weights or measures employed for the purpose of sale or trade in the city and the enforcement of the provisions contained in Chapter 1, Chapter 2 and Chapter 4 of Title XXII of this Code, relating to weights and measures and, when acting as a sealer of weights and measures as provided in Chapter 3, Title XXII, aforesaid, shall perform the duties set out in Sec. 4., Sec. 5. and Sec. 6. of the aforesaid chapter and title and be subject to the penalty provided for in Sec. 7. of the afore- said chapter and title; and he shall report to the office of the sealer of weights and measures a record of all inspec- tions, tests and examinations, of balances, weights and measures so inspected, tested or examined by him, the result thereof and the action taken by him. APPROVED ATTE ST :v /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1968. No. 18243. Attorney , emergency. AN ORDINANCE to amend and reordain Section ~22, "Commonwealth's "of the 1968-69 Appropriation Ordinance, and providing for an WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 194 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~22, "Commonwealth's Attorney," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY g22 Travel Expense (i) ......................... ......... $ 120.00 (1) Net increase ............. $60.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: - //~Clty' CIerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The I5th day of July, 1968. No. 18244. AN ORDINANCE to amend and reordain Section ~44000, "Schools - Inner City," of the 1968-69 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 ~44000, "Schools - Inner City," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - INNER CITY =44000 Personal Services (I') .............................. $ 99,555.00 Supplies (I) ....................................... 6,878.00 Travel (1) ..... 2,450.00 Equipment (1) ...................................... 7,011.00 (1) 100% reimbursed by federal funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST : City Clerk Mayor 195 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1968. No. 18245. AN ORDINANCE providing for a reduction of the leasehold authorized and provided for by Ordinance No. 14728, leased by the City of Roanoke to the United States of America for use of the 9209th Air Reserve Recovery Squadron; and providing for an emergency. WHEREAS, the City of Roanoke heretofore leased to the United States of America a certain 3.2 acre parcel of land located at Roanoke Municipal Airport, pursuant to the provisions of Ordinance No. 14728, adopted March 5, 1962, the terms of said lease and the description of said leasehold being contained in that certain Lease Agreement No. DA-44-110-ENG-5295 dated April 4, I962, said lease being still in effect; and WHEREAS, at the City's request directed to the tenant of said leasehold, it has been tentatively agreed between said parties that the area of said leasehold be reduced to a 0.878 acre parcel of land, a portion of the land described in the aforesaid Lease of April 4, 1962, such reduction to be effected by execution by said parties of the Supplemental Agreement hereinafter contained; and WHEREAS, for the usual daily operation of the municipal government and of said City's Municipal Airport Department, an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage, said ordinance providing for a reduction rather than an increase of the land now subject to the terms of the aforesaid Lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed to execute on behalf of the City of Roanoke an agreement with the United States of America, supplemental to that certain written Lease dated April 4, 1962, between the City of Roanoke and the United States of America, the words and figures of which said agreement shall be as follows: Lease No. OA-44-110-ENG-5295 .Modification No. 1 SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT, entered into this 4th day of June 1968, by and between THE CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter called the "Lessor," and THE UNITED STATES OF AMERICA, hereinafter called the "Government," witnesseth that: WHEREAS, on the 4th day of April, 1962, the parties hereto entered into Lease No. OA-44-110-ENG-5295, whereby the Lessor leased to the Government 3.2 acres of land, as more particularly described therein; and 196 WHEREAS, the Lessor has requested a reduction in the land area covered under above mentioned lease from 3.2 acres to 0.878 acres; and WHEREAS, the Government has' agreed to the proposed reduction. NOW, THEREFORE, Lease No. DA-44-110-ENG-5205 is hereby modified in the following particulars, but in no others: Delete paragraph 2, page 1, of said lease contrect in its entirety, and substitute in lieu thereof the following: "The Lessor hereby leases to the Government the following described premises, viz: Ail that certain tract or parcel of land lying and situate in Big Lick Magisterial District, Roanoke County, Virginia, being more particularly described as follows: Beginning at a point, said point being South 40° 15' 10" East 822 feet, and North 49° 44' 50" East 40 feet from centerline station 34 + 40.5 of Runway 5/23, said point being the westernmost corner of the lands herein described; thence, over and across lands of the Roanoke Municipal Airport the following: North 49° 44' 50" East 170 feet, Som h 40° 15' 10" East 225 feet, South 49° 44' 50" West 170 feet, North 40° 15' 10" West 225 feet to the point of beginning, containing 0.878 acres, more or less, to be used for the following purpose: Requirements of the Government; provided, however, that: 1. The lease shall be for a period of five years with a five-year renewal clause, at $i.00 per year. 2. The City shall reserve the right to require lessee to move its operations from the abovedescribed site to another reasonably acceptable site at the Airport at any time during the original term or the renewal period. In event the City requires such removal during the original period, the City shall pay all costs thereof. In event the City requires the removal at any time during the renewal period, all costs shall be borne by the lessee. 3. All improvements, of whatever nature, made upon the leased premises shall be first approved by the City Manager. 4. The lessee shall conform with all rules and regulations now or hereafter promulgated by the City applicable to its Airport, and upon such form of lease as shall be first approved by the City Attorney. All other terms and conditions of Lease No. DA-44-110-ENG-5295 shall be and remain the same. CITY OF ROANOKE, VIRGINIA, A MUNICIPAL CORPORATION (Witness) By ( SEAL ) City Manager (Address) THE UNITED STATES OF AMERICA By Contracting Officer I, Virginia L. Shaw, certify that I am the City Clerk of the corporation named as Lessor in the attached lease; that Julian F. Hirst, who signed said lease on behalf of the Lessor was then City Manager of said corporation; that said lease 197 was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Virginia L. Shaw, City Clerk of the City of Roanoke, Virginia BE IT FURTHER ORDAINED that the City Clerk be, and is hereby authorized and directed to execute the authentication certificate hereinabove provided on said Supplemental Agreement and to affix thereto the City's corporate seal; and, thereafter, said Clerk shall transmit the original and three (3) copies of the aforesaid Supplemental Agreement to the proper Government officials, for similar execution of said Supplemental Agreement on behalf of the United States of America, requesting return to the City of a fully executed copy of said Agreement. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTE ST: ty Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1968. No. 18246. A RESOLUTION authorizing the City Manager to approve a metered water connection to certain premises located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, the owner of property hereinafter described located outside the corporate limits of the City, abutting on an existing water main of the City, has made application to the City to have the premises connected to the City's water system; and WHEREAS, the City Manager has investigated the application and, in view of the provisions of Resolution No. 16855 of the Council, has referred said application to the Council for consideration, recommending that said water connectior be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, a metered connection to the City's public water distribution system located in Manor Street, on which the property abuts outside the City's corporate limits, of the premises built or to be built at 6707 Williamson Road, 198 designated Lots 1 and 2, Section No. 2, according to the Map of North Hills, in Roanoke County, such connection to be made, in full compliance with the provisions established for such connections in Rule 39 of the Rules and Regulations for the operation of the City's Water Department, and said water services to be hereafter supplied by the City in accordance with its general rules and regulations and at such rates and charges as are generally provided in such instances. BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by the Council in its Resolution No. 16855. A P P R 0 V E D ATTEST: ,: :~ ~ "~ Cit y* Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 196B. No. 18247. A RESOLUTION relating to the Brookside Lane, S. E., and Woodland Road, S. E., public sanitary sewer project. ~HEREAS, construction of the City's Brookside Lane, S. E., and Woodland Road, S. E., public sanitary sewer project, authorized to be constructed pursuant to Ordinance No. 17776, has now been completed and the final and total cost thereof has now been determined and this Council desir, es to fix the amount of assessment proper to be made therefor upon abutting landowners pursuant to the provisions of Article 2, Chapter 7, Title 15.1 of the 1950 Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that August 12, 1968, at 2:00 o'clock, P. M., in the Council Chambers in the Municipal Building of the City be, and is hereby fixed as the time and place of a public hearing to be held before t~ members of said City Council on the question of a final apportionment and an assessment on abutting landowners of the proper amount to be assessed upon each said abutting owner as a proportional part of the cost of constructing certain public sanitary sewer mains and laterals to serve certain properties abutting the same on both sides of Brookside Lane, S. E., between a point 55 feet northerly from Rutrough Road, S. E., and Woodland Road, S. E., and on both sides of Woodland Road, S. E., between Plateau Road, S. E., and the easterly end of Woodland Road, S. E., in the City of Roanoke. BE IT FURTHER RESOLVED that the City Clerk do, on behalf of said Council, cause publication of proper notice of the aforesaid public hearing to be advertised as provided in § 15.1-244 of the aforesaid Code, showing by schedule incorporated 199 in said notice the names of the several abutting landowners and their respective properties and the amount of the assessment or assessments proposed to be fixed and imposed upon each of the same, using Schedule "A" bearing date of June 26, 1968, prepared by the office of the City Engineer. APPROVED ATTE ST: / , ..... Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 1966. No. 1B24B. A RESOLUTION approving and authorizing the settlement and payment, without prejudice, of a certain claim made against the City. WHEREAS, the City Manager ha.s reported to the Council the filing of claim against the City for the sum of $875.00, claimed to be the total value of certain damages to the residence of Mr. Harry W. Vest at 4231 Oliver Road, N. E., occasioned by the untimely bursting of a water main on or about November 16, 1967; WHEREAS, said City Manager, reportin9 to ~e Council the opinion expressed by the City Attorney that no legal liability rests on the City with respect to payment of said claim, has recommended that payment of said claim be authorized and approved by the Council; in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby authorize and approve the City's payment of the sum of $875.00, cash, to Mr. Harry W. Vest, a resident of the City, in full satisfaction and settlement of a certain claim asserted against the City by said person as the value of certain damages to the Vest residence at 4231 Oliver Road, N. E., occasioned by the bursting of a water main of the City's Water Department on the evening of November 16, 1967, said claimant to execute, at the time of such payment a full and complete release of the City for all liability claimed to have arisen as a result of such damages, and said release to contain statement that the City assumes and acknowledges no legal liability to said claimant on the basis of such claim. ATTEST: ~City Clerk APPROVED Mayor 200 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of July, 1968. No. 18241. AN ORDINANCE to amend Title XV, Chapter 4.I, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheets No. 213, 224 and 225, 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 certain tract of land containing approximately 57 acres located in the northwest section of the City of Roanoke and bounded on the north in part by Interstate Highway No. 581 and in part by the property of Macke Corporation and Marlian Court, on the east by the east property line of'the J. Allen Watts estate, on the south by the northerly boundary of the proposed extension of Highway No. 116, and on the southwest and west by Lick Run and the P. C. Huff estate property rezoned from RS-3 Single Family Residential District, to IDM, Industrial Development District; and WHEREAS, said application was referred to the City Planning Commission for its consideration and report, and the Planning Commission, after due considera- tion, reported the matter back to City Counci'l without a recommendation for or against the application for rezoning; 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 July, 1968, 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 Sheets No. 213, 224 and 225 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located in the northwest section of the City of Roanoke, Virginia and described as follows, to-wit: BEGINNING at the point of intersection of the southwesterly line of Rockland Avenue, N. W., with the southeasterly boundary line of the Watts Estate, said beginnino point being shown on the recorded map of Marlian Court as corner =9 of the boundary line; thence leaving Rockland Avenue and with the southeasterly boundary of the Watts Estate in a southwesterly direction about 820 feet to a point on the northerly right-of-way line of a proposed street, BO feet wide, through the Watts Estate, as shown on Plan No. 4904 prepared in the Office of the City Engineer of Roanoke, Virginia; thence with said northerly right-of-way line in a westerly direction about 1170 feet to a point which bears N. 13° 00' E. about 210 feet from the northwesterly corner of Lot 1, Block 1, Section I, Rugby Hills; thence leaving the northerly right-of-way line N. 13° 00' E. about 20 feet to the center of Lick Run; thence up the center of Lick Run about 2500 feet in a northwesterly direction to a point on the boundary line between the Watts Estate and the Huff Farm; thence leaving Lick Run and with said boundary line in a northerly direction about 200 feet to a point on the southwesterly right-of-way line of Interstate Highway 561; thence with said right-of-way line in a southeasterly direction about 1800 feet to a point on the northwesterly boundary of the tract of land being conveyed to Macke Corporation by the City of Roanoke; thence leaving the right- of'way line of Interstate Highway 5BI and with the northwesterly boundary of the land being conveyed to Macke Corporation in a southwesterly direction about 536 feet to a point; thence continuing with said land in a southeasterly direction about 800 feet to a point on the northwesterly line of Court Street; thence crossing the end of Rockland Avenue S. 35° 21' W. 47.40 feet to a point on the southwesterly line of Rockland Avenue; thence with the same S. 54° 19' E. 374.19 feet to a point of curve; thence with a curved line to the right, whose radius is 311.46 feet, an arc distance of 33.07 feet to the point of Beginning; designated on Sheets No. 213, 224 and 225 of the Sectional 1966 Zone Map, City of Roanoke, as all of official tax numbers 2130702 and 2130701, that portion of number 2250101 lying on the southwesterly side of the Interstate Highway No. 5B1, and that portion of number 2240102 lying between Lick Run and the northerly boundar of the proposed extension of Highway No. 116, be, and is hereby, changed from RS-3, Single Family Residential District, to IDM, Industrial Development District, and that Sheets No. 213, 224 and 225 of the aforesaid map be changed in this respect. APPROVED ATTE ST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of July, 196B. No. 18242. 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. 220, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that property located on the east side of Hildebrand Road, N. W., between Whitney Avenue and U. S. Route 11, described as Lots 19, 20 and 21, Section 5, Church Court, Official Tax No. 2200232, rezoned from C-2, General Commercial District, to RG-2, General Residential District; and z"' 0 2· WHEREAS, the City Planning Commission has recommended that the herein- after described land be rezoned from C-2, General Commercial 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 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 t'ime provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 15th day of July, 1968, at 2 p.m., before the Coflncil 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. 220 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the east side of Hildebrand Road, N. W., between Whitney Avenue and U. S. Route 11, described as Lots 19, 20 and 21, Section 5, Church Court, designated on Sheet 220 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 2200232, be, and is hereby, changed.from C-2, General Commercial District, to RG-2, General Residential District, and that Sheet No. 220 of the aforesaid map be changed in this respect. APPROVED ATTE ST: t /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of July, 1968. No. 18254. AN ORDINANCE directing and providing for the acquisition of certain parcels of land in fee simple and of certain easements in land wanted and needed by the City for the widening and improvement of a portion of Franklin Road, S. 'W., (U. S. Route 220), under Project 0220-128-102, RW-201; fixing the consideration offered to be paid by the City for each said parcel of land and/or easement and other terms and provisions of such acquisition; providing for negotiations for certain options; providing for the Cit.y's acquisition of said lands and easements by condemnation, under certain circumstances; authorizing the City Attorney to move for the award of a right of entry on each or any of said properties for the purpose of commencing its work of improvement; and providing for 203 WHEREAS, in order to provide for the widening and improvement of a portion of Franklin Road, S. W., U. S. Route 220, in accordance with certain plans therefor heretofore approved as Project 0220-128-102, RW-201, the parcels of land hereinafter described, each of which is set out and shown in detail on the plans of the aforesaid project, are among those wanted and needed by the City for the purposes aforesaid, certain of said properties being needed to be acquired in fee simple and the City needing to acquire, in addition, certain easements necessary and sufficient for certain drains and for the proper construction of said new street improvements; and WHEREAS, the City has caused appraisals to be made of the fair market value of each of the hereinafter described properties and of said easements necessary for the proper construction of said improvements, on the basis of which the valuations hereinafter set out with respect to each said property have been determined by the Council to be fair and reasonable; and funds sufficient for the payment of the purchase prices hereinafter authorized to be paid have been heretofore appropriated by the Council for the purpose; and WHEREAS, by virtue of certain agreements entered into between the City and the Commonwealth of Virginia, Department of Highways, it is desired and intended by said parties that immediate construction of the aforesaid street improvements be commenced, prior to which it is necessary that the City have acquired a right of entry on each of the hereinafter described properties for the purpose of constructing said public improvements; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as 1. That the said City of Roanoke wants and needs for the purpose of its widening and improvement of a portion of Franklin Road, S. W., U. S. Route 220, and the proper City officials be, and are hereby authorized to acquire for said City from the respective owners of the parcels of land hereinafter described and for the price set out opposite each said parcel, the fee simple title and/or the easements necessary for the proper construction of said street in and to the follow- ing described lands situate in the City of Roanoke, Virginia, on or adjacent to Franklin Road, S. W., said parcels of land being described with reference to the City's plans for Project 0220-128-102, RW-201, viz: Parcel 011, being a temporary construction easement in a 26.0 square foot strip or area of land in Official Lot No. 1150201, from Marcus Kaplan, for the sum of $ 1.00 Parcel 022, being (a) 1250 square feet of land in fee simple; (b) a temporary construction ease- ment in an additional 575 square foot area or strip of land; and (c) the right to demolish and remove a certain canopy on land adjacent to said easement area, all as shown on the aforesaid plans and being portions of Official No. 1280605, from Robert J. Cabaniss, 204 Parcel 043, being a temporary construction easement in a 700 square foot strip or area of land, in Official No. 1290110, from ~rnest W. Mitchell, for the sum of and Parcel 048, being a temporary construction easement in a 5166.0 square foot strip or area of land, in Official No. 1300101, from Myrtle H. Francis and others, or the true and lawful owner or owners of said land, for the sum of $ 1 .00 $ 1.00 Aggregate of all above considerations $ 8,188.00 2. That the City Manager be, and he is hereby directed, immediately, to cause to be offered on behalf of the City to the owner or owners of each of the aforesaid parcels of land the consideration hereinabove set out for each said parcel, for said owner's or owners' conveyance to the City of the rights or title needed by the City in each said parcel of land or to negotiate to obtain for the City purchase options to acquire each of the abovedescribed parcels for the purchase prices hereinabove assigned to each respective parcel, and, upon acceptance of any such offer or offers and upon delivery to the City of a good and sufficient deed of conveyance or deed of easement, as the case may be, approved as to form and sufficiency by the City Attorney, the City Auditor be, and he is hereby directed to make payment to each owner or owners so accepting said City's offer of the considera~on hereinabove set out with respect to said land, such payment or payments to be made to such persons as are certified by the City Attorney to be entitled to the same; 3. That, should the City be unable to agree with the owner or owners of any of the parcels of land hereinabove set out for the City's purchase of said land or easement therein, as the case may be, or to obtain option to purchase the same as here~ provided, the City Attorney is hereby authorized and directed to institute in a court of competent jurisdiction in the City condemnation proceedings to acquire for the City the fee simple title and/or easement in such land or lands as are hereinabove set out and described and as the City is unable to acquire by purchase; and 4. That, in instituting or conducting any condemnation proceeding herein authorized to be brought on behalf of the City, the City Attorney is hereby authorized and empowered to make motion on behalf of the City for entry of an order pursuant to the provisions of §25-46.8 of the 1950 Code of Virginia, as amended, granting to the City a right of entry for the purpose of commencing its public works or improvements on said street; and the City Auditor,.upon request of said City Attorney shall be, and is hereby .authorized and directed to draw and make payment into such court wherein said condemnation proceedings may be pending the sum hereinabove authorized to be paid by the City for the respective parcel of land sought to be so acquired in such condemnation proceeding. 205 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTEST: ty Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of July, 1968. No. 18255. AN ORDINANCE authorizing the purchase of supplies of various types of water meters for use by the City's Water Department during the period of time beginning August 1, 1968, and ending July 31, 1969, upon certain terms and provisions, by accepting certain bids made to the City; rejecting certain other bids; and providing for an emergency. WHEREAS, at the meeting of the Council held on July 15, 1968, and after due and proper advertisement therefor, seven (7) bids were received by the City for the supply of various types of water meters for use by the City's Water Department, all of which said bids were opened and read before the Council and thereafter referred to a committee for study, tabulation, and report; and WHEREAS, said committee has recommended in writing to the Council the acceptance of the three (3) bids hereinafter mentioned, they being the lowest and best bids received by the City and meeting the City's specifications for said supplies, and funds sufficient for the payment of the purchase prices hereinafter authorized having heretofore been appropriated by the Council 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 as follows: 1. That the bid of Neptune Meter Company, Long Island City, New York, 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, five-eighths-inch cold water meters for the unit price of $32.60 per meter, less trade-in allowance of $4.55 per meter, all new meters to be delivered, f.o.b., City of Roanoke 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, 1968, and ending July 31, 1969, as and when ordered by the City Purchasing Agent during the aforesaid period, be, and is hereby ACCEPTED; it being estimated by the committee that the Water Department's 206 requirements for the aforesaid period of time will be approximately 1,500 five- eighths-inch meters, for the total estimated sum.of $42,075.00, based upon the aforesaid unit prices, 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 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 accordance with the City's specifications made therefor and with said bidder's ! proposal, 1-inch cold water meters for the unit price of $70.50 per meter, 1 1/2-inch cold water meters for the unit price of $131.95 per meter, and 2-inch cold water meters for the unit price of $198.40 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, 1968, and ending July 31, 1969, as and when ordered by the City Purchasing Agent during the aforesaid period, be, and is hereby ACCEPTED; it being estimated that the Water Department's requirements for the aforesaid period of time will be approximately twenty-five 1-inch meters, for the total estimated sum of $1,762.50, based upon the aforesaid unit price; approximately ten 1 1/2-inch meters, for the total estimated sum of $1,319.50, based upon the aforesaid unit price; and approximately two 2-inch meters, for the total estimated sum of $396.80, based upon the aforesaid unit price; 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, Penn- sylvania, to furnish and supply to the City for 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 $561.60, 4-inch compound-type water meters for the unit price of $936.00, 6-inch compound- type water meters for the unit price of $1,872.00, and 8-inch compound-type water meters or the equivalent in manifold compound units for the unit price of $2,525.25, 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 beginning August 1, 1968, and ending July 31, 1969, as and when ordered by the City Purchasing Agent during the aforesaid period, be, and is hereby ACCEPTED; it being estimated that the Water Department's requirements for the aforesaid period o{ time will be approximately one, each, of the aforesaid compound-type water meters, for the total estimated sum of $5,894.85, based upon the aforesaid unit prices, the amounts authorized to be expended hereunder 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 4. That the City Purchasing Agent be, and he is hereby authorized and direGted, for and on behalf of the City, to issue requisite purchase orders for II '.07 the supplies of the various water meters mentioned in paragraphs 1, 2, and 3, above, the same to be paid for upon acceptance by the City out of funds appropriated by the Council for the purpose. BE IT FURTHER ORDAINED that the other bids received by the City for the supply of water meters be, and said other bids are ~hereby REJECTED, the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTE ST: Y Cit~' C~'er'k ' APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of July, 1966. No. 18256. AN ORDINANCE accepting a bid for the replacement of various windows in the Municipal Building and. related work; awarding a contract therefor; and providing for an emergency. WHEREAS, at the meeting of the Council held on July 15,1968, and after due and proper advertisement had been made therefor, one bid, the one hereinafter accepted, for the furnishing and replacement of various windows in the Municipal Building and related work, was opened and read before the Council, whereupon said bid was referred to a committee to be studied, with report thereon to be made back to the Council; and WHEREAS, the aforesaid committee has reported to the Council, in writing, under date of July 22, 1968, that the bid abovementioned, transmitted by De Vac, Incorporated, conforms to all specifications of the City and made on a unit price for each of the windows proposed to be replaced under Base Bid A, Items A-1 through A-6., inclusive, in the amount of $17,576.43; Item A-7, in the amount of $1,110.00; and Item B-3 of the Alternate Bid, in the amount of $1,918.32, amounts to the sum of $20,604.75, for the payment of which said sum appropriation has been made by the Council; and WHEREAS, said committee has further recommended that Items B-2, B-4 and B-5, amounting to $5,410.80, as advertised, not be included in the contract hereinafter authorized, and further recommended that Item A-7, of Base Bid A, for installing Pennvernon Graylite 31 glass in certain of the windows on the southeasterly portion of said Municipal Building be reduced by the amount of 208 $1,740.00, it appearing that the reduction of the number of windows needing Graylite glass may be made in the future by City forces, in which recommendations the Council concurs; and WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of De Yac, Incorporated, to furnish and replace, in full accordance with the City's plans and specifications made therefor, and with said bidder's proposal, being described in said specifications and said bidder's proposal as Base Bid A, Items A-1 through A-6, inclusive, in the amount of $17,576.43; Item A-7, consisting of eighteen and one-half (18 1/2) Pennvernon Graylite 31 glass windows to be installed in certain of the windows listed under Base Bid A, Item A-l, in the amount of $1,110.00; and Item B-3 of the Alternate Bid, in the amount of $1,918.32, the above items based on unit prices, for the total sum of $20,604.75, payable by the City, be, and said bid is hereby ACCEPTED; and the City Manager is hereby authorized and directed, for and on behalf of the City, to enter into the requisite contract with the said bidder for the aforesaid work, said contract to incorporate the City's plans and specifications required of said bidder, the bidder's proposal, and the 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 ordinance be in force and effect upon its passage. APPROVED ATTEST: --/ t/ fCity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of July, 1968. No. 18257. A RESOLUTION approving certain reports made by the City Manager to the Council for installation of certain new street lights and changes in existing street lights; and authorizing the City Manager to enter into agreement with Appalachian Power Company effecting such additions and changes in street lighting. WHEREAS, the City Manager, in certain written reports made to the Council on May 6, 1968, and on May 20, 1968, reported and recommended to the Council the upgrading of street lighting on certain streets of the City now under construction, the installation of new lights and the replacement or the removal of certain existing lights in other areas of the City and, also, the installation 209 of additional new street lights in the Jefferson Hills area of the City recently annexed hereto, all such reports and recommendations having been referred to a committee of the Council which, upon study of the same, has recommended be approved by the Council; and WHEREAS, the CoUncil, considering all such matters, concurs in the reports and recommendations of the City Manager and of said committee and has, by separate resolution adopted by the Council, directed the installation of eight (8) new street lights in the aforesaid Jefferson Hills area of the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, and at such time or times as pending and proposed street improvement projects permit of the same, otherwise at the earliest practicable time, to enter into agreement with Appalachian Power Company providing for the following described additions to and/or changes in the City's street lighting plan or system, the same to be accomplished and the cost to the City to be controlled by the City's existing agreement with said Company for street lighting and the cost thereof to the City to be paid out of funds appropriated by the Council for the purpose, viz: A. During phase 1 of the Dale Avenue and Jamison Avenue from 13th Street, S. E., to 19th Street, S. E., project: Install 11 - 21,000 lumen mercury-vapor lights at a cost of $4.50 per month apiece, Remove 7 - 2,500 lumen incandescent lights at a cost of $1.65 per month apiece, for a total monthly increase of $ 37.95 B. During phase 2 of the Jamison Avenue from 19th Street, S. E., to the east corporate limits: Install 38 - 21,000 lumen mercury-vapor lights at a cost of $4.50 per month apiece, Install 3 - 7,000 lumen mercury-vapor lights at a cost of $3.85 per month apiece, Install 3 - 3,500 lumen mercury-vapor lights at a cost of $2.05 per month apiece, Remove 10 - 2,500 lumen incandescent lights at a cost of $1.65 per month apiece, for a total monthly increase of $210.15 C. For more adequate lighting for the improved portion of Orange Avenue from 12th Street, N. E., to the east cor- porate limits: Install 79 - 21,000 lumen mercury-vapor lights at $4.50 per month, each, Remove 19 - 6,000 lumen incandescent lights at $2.50 per month, each, for a total monthly increase of $308.00 D. For improved lighting along Memorial Avenue between 13th Street, S. W., and 6randin Road, S. W., thence along Grandin Road to Westover Avenue, S. Install 19 - 21,000 lumen mercury-vapor lights at $4.50 per month, each, Remove 11 - 2,500 lumen incandescent lights at $1.65 per month, each for a total monthly increase of $ 67.35 Ge He For additional street lighting in the Highland Park area: Replace 2,500 lumen street light at inter- section of 5th Street and Washington Avenue, S. W., with 3,500 lumen street light. Install a 3,500 lumen street light in front of Pole 278-621. A new pole will be required at this location. o Replace 2,500 lumen street light 'on Pole No. 278-623 with a 3,500 lumen street light. Replace 2,500 lumen street light on Pole No. 278-625 with a 3,500 lumen street light. Install a 3,500 lumen street light on the west side of park drive south of Pole No. 278-625, at the parking area (no pole). Replace 2,500 lumen street light on Pole No. 278-637 with a 3,500 lumen street light, for a total monthly increase of For additional lighting in and around the City's vehicle impoundment lot on or near Underhill Ave- nue, S. E.: Install 2 - 7,000 lumen mercury-vapor lights at $3.85 per month, each. Install 1 - 3,500 lumen mercury-vapor light at Spruce Street and Underhill Avenue, S. E., on Pole No. 270-565 at $2.05 per month. Install 1 - 3,500 lumen mercury-vapor light on Pole No. 279-574 at $2.05 per month. Remove 2 - 2,500 lumen incandescent lights from old lot at $1.65 per month, each, for a total monthly increase of For and in conjunction with other programmed im- provements to Franklin Road, S. W., south of McClanahan Street, S. W., but not before September 1, 1968: Install 97 - 21,000 lumen mercury-vapor lights at $4.50 per month, each. Remove 24 - 6,000 lumen incandescent.lights at $2.50 per month, each, for a total monthly increase of For and in connection with "G", above, and for lighting the Franklin Road - hvenham Avenue, S. W. intersection and for lighting Broadway, S. W., between Franklin Road and Colonial Avenue, S. W.: (a) At the intersection of Avenham Avenue and Fran- klin Road: Install 8 - 7,000 lumen mercury-vapor lights at $3.85 per month, each. Remove 3 - 2,500 lumen incandescent lights at $1.65 per month, each, for a total monthly increase of $ 5.70 $ 8.50 $376.50 $ 25.85 (b) Broadway, between Franklin Road and Colonial Avenue: Install 8 - 7,000 lumen mercury-vapor lights' at $3.85 per month, each. Remove 3 - 2,500 lumen incandescent lights at $1.65 per month, each. Remove 1 - 6,000 lumen incandbscent light at $2.50 per month, for a total monthly increase of Install, at the following locations, the following lights: (a) One 3,500 lumen street light to be installed at the intersection of llth Street and Rhodes Avenue, N. E., at a cost of $2.05 per month on C6P Pole No. 1358A. (b) One 7,000 lumen street light to be installed at the intersection of 9th Street, N. E., and Rhodes Avenue, N, E., on Pole No. 254-7080, at a cost of $3.85 per month. (c) Four 3,500 lumen street lights to be installed on the north side of Rhodes Avenue, N. E., be- tween 9th Street, N. E., and the railroad cross- ing on Rhodes Avenue, on Pole Nos. 254-7121, 254-7119, 254-7116 and 254-7082, at a cost of $2.05 per month, each. (d) One 7,000 lumen street light to be installed on Highland Avenue, S. E., east of Jefferson Street, on Pole No. 278-1662, at a cost of $3.85 per month. (e) One 3,500 lumen street light to be installed at the intersection of Baltimore Avenue and Spring- vale Street, S. E., on Pole No. 326-i04,1, at a cost of $2.05 per month. (f) One 3,500 lumen street light to be installed on the north side of the 1300 block of Stewart Avenue, S. E., on Pole No. 254-7562, at a cost of $2.05 per month. (g) One 7,000 lumen street light to be znstalled on the east side of Avenham Avenue, S. W., at 23rd Street, on Pole No. 302-45, at a cost of $3.85 per month. (h) One 3,500 lumen street light to be xnstalled on the north side of the 3300 block of Pasley Drive, S. W., on Appalachian Power Company Pole No. 301-1575, at a cost of $2.05 per month. (i) One 3,500 lumen street light to be znstalled on the northeast corner of Berkley Avenue and Mt. View Terrace, S. W,, at a cost of $2.05 per month (no pole at this location). (j) One 3,500 lumen street light to be nstalled on Westover Avenue, S. W., east of Grandin Road, S. W., on Pole No. 277-4322, at a cost of $2.05 per month. (k) One 3,500 lumen street light to be nstalled on the southwest corner of Cassell Lane and Rosalind Avenue, S. W., at a cost of $2.05 per month (no pole at this location). (1) One 3,500 lumen street light to be znstalled on the north side of Cassell Lane, S. W., on property line east of 220 Cassell Lane, S. W., at a cost of $2.05 per month (no pole at this location). (m) One 3,500 lumen street light to be installed at the intersection of Wilton Road and Richelieu Avenue, S. W., at a cost of $2.05 per month. $ 23.35 212 and (n) One 3,500 lumen street light to be installed at the intersection of Norway Avenue and Beech Street, N. W., on Pole No. 253-1058, at a cost of $2.05 per month. (o) One 3,500 lumen street light to be installed at the intersection of Maury Street and Red Fox Drive, N. W., on Pole No. 252-4002, at a cost of $2.05 per month. (Remove dusk to dawn light at this location.) (p) One 3,500 lumen street light to be installed on the west side of West Side Boulevard at Rolling Hill Avenue, N. W., at a cost of $2.05 per month (no pole at this location). (q) One 3,500 lumen street light to be installed on the north side of Pennsylvania Avenue, N. W., on Pole No. 253-2036, at a cost of $2.05 per month. (r) One 21,000 lumen street light (Type Five) to be installed near the shelter in Smith Park on Pole No 278-2155, at a cost of $4.50 per mouth. (s) Remove one 2,500 lumen street light from Pole No. 278-4166 at 6th Street and Route 24, at a saving of $1.65 per month. (t) Remove one 2,500 lumen street light from Pole No. 278-1237 in Elmwood Park, at a saving of $1.65 per month. (u) Remove one 2,500 lumen street light from Pole No. 278-1240 in Elmwood Park, at a saving of $1.65 per month. (v) One 3,500 lumen street light to be installed at the intersection of Walnut Avenue and trance to Highland Park on new pole at a cost of $2.05 per month, for a total monthly increase of In the area of Burrell Memorial Hospital and on McDowell Avenue, N. W., in the block east and the block west of the hospital: Install 9 - 3,500 lumen mercury-vapor lights at a cost of $2.05 per month, each. Install 1 - 7,000 lumen mercury-vapor light at a cost of $3.85 per month. Remove 7- 2,500 lumen incandescent street lights at $1.65 per month, for a total monthly increase of At the intersection of and on the approaches to Peach Road and Burrell Street, N. W.: Install 2 - 21,000 lumen mercury-vapor street lights, at a cost of $4.50 per month, each Install 4 - 7,000 lumen mercury-vapor street lights, at a cost of $3.85 per month, each. Remove 3 -, 6,000 lumen incandescent street lights at $2.50 per month, each, for a total monthly increase of $ 41.85 $ 10.75 $ 16.90; 2.t3 k o On Moorman Road, N. W., from 5th Street to i2th Street, N.W.: Install 12 - 7,000 lumen mercury-vapor street lights, at a cost of $3.85 per month, each. Install 9 - 3,500 lumen mercury-vapor street lights, at a cost of $2.05 per month, each. Remove 15 - 2,500 lumen incandescent street lights, at $1.65 per month, each. Remove 1 - 6,000 lumen incandescent street light, at $2.50 per month, for a total monthly increase of $ 37.40 APPROVED ATTE ST: / /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of July, 1968. No. 18258. A RESOLUTION authorizing the installation of 25 new mercury-vapor street lights, fed by overhead wires, in connection with the City's Wells Avenue Project and at locations proposed on a map showing the proposed street lighting layout, including a certain new type of street light not now provided in the City's street lighting contract; authorizing the inclusion in the City's contract with Appalachian Power Company of a new type of street light, and a monthly unit rate therefor; and authorizing removal of 9 existing incandescent street lights. WHEREAS, the City Manager submitted to the Council at its meeting held March 18, 1968, certain recommendations and proposals of Appalachian Power Company for additions and changes in street lighting needed in conjunction with the City's Wells Avenue Project, which proposals include recommendations for use of a certain new type of street light not now provided for in the present contract between the parties, and proposing, also, underground supply facilities for certain of the proposed new lights, said Company having prepared for the purpose its plan entitled "Map Showing Proposed Street Layout for Wells Avenue, N. E., from Williamson Road to 4th Street, N. E." dated October 1967; and WHEREAS, a committee to whom the matter was referred has recommended to the Council that authorization be given for the installation of 25 new mercury- vapor type lights in conjunction with said Project, but that all such lights be supplied by overhead electric wires, and that 9 existing incandescent lights in the area be authorized to be removed; and, further, that provision be made in the City's existing contract with Appalachian Power Company for use of 21,000 lumen mercury-vapor lights on special metal poles at a rate of $7.90 per unit per month; and 2Z4 WHEREAS, considering all such. matters, the Council concurs in the matters recommended by said committee with respect to said new street lights. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby approve the locations for 25 new street lights shown on that certain map showing Proposed Street Layout for Wells Avenue, N. E., prepared by Appalachian Power Company, dated October 1967, a copy of which map is on file in the Office of the City Clerk, and doth further authorize the installa- tion of 25 new mercury-vapor type street lights, fed by overhead electric wires, in such locations in connection with the City's Wells Avenue Project, 9 of which shall be installed on special metal poles at the new rates hereinafter provided for such special street lights, the other 16 of which shall be on standard distribution wood poles at existing rates, which said 25 new street lights are as follows: 7 - 50,000 lumen units on special street lighting metal poles, rate $12.45 per unit per month 2 - 21,000 lumen units on special street lighting metal poles, rate $7,90 per unit per month 3 - 50,000 lumen units on standard distribution wood poles, rate $9.70 per unit per month 13 - 21,000 lumen units on standard distribution wood poles, rate $4.50 per unit per month $ 87.15 $ 15.80 $ 29.10 $ 58.50 BE IT FURTHER RESOLVED that the following existing street lights be removed, viz: 4 - 6,000 lumen overhead incandescent street lights from Wells Avenue, N. E., from poles 254-3418, 254-3516, 254-3514 and 254-6634 - rate $2.50 per unit per month; 4 - 6,000 lumen overhead incandescent street lights from Williamson Road, N. E., from poles 254-3803, 254-3513, 254-3830 and 254-6720 - rate $2.50 per unit per month; and 1 - 2,500 lumen overhead incandescent street light from 4th Street, N. E., from pole 254-6665 - rate $1.65 per unit per month. BE IT FURTHER RESOLVED that the City's existing contract with Appalachian Power Company relating tothe provision of street lighting and the costs thereof be amended to include the following new type of street light and monthly unit rate therefor, viz: 21,000 lumen mercury-vapor lights on special metal poles @ $7.90 per unit per month. BE IT FINALLY RESOLVED that the City's existing contract with Appalachian Power Company for street lighting be, and is hereby modified and amended to provide for each of the aforesaid additions and changes, at the monthly unit rentals hereinabove set forth. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of July, 1968. No. 18259. A RESOLUTION authorizing and directing the installation of eight (8) additional street lights within the Jefferson Hills areo annexed to the City effective December 31, 1967; and authorizing and directing the City Manager to enter into agreement with Appalachian Power Company providing for the same. WHEREAS, as one of the terms and provisions contained in the Order of Annexation entered May 16, 1967, in the Circuit Court of Roanoke County, Virginia, ordering annexation to the City of Roanoke of a 184.73 acre boundary of land generally known as the Jefferson Hills area, the Court directed and provided that the City install within said area, among other public improvements described in said Order, during the City's 1968-69 fiscal year, seven (7) additional street lights at locations determined by the City Manager and in accordance with customary standards for installation and placement of such improvements; and WHEREAS, consonant with the aforesaid Order the City Manager, in report to the Council made May 6, 1968, prior to the commencement of such fiscal year, recommended the installation of eight (8) street lights in the aforesaid annexed area, at the locations determined by the City Manager and as hereinafter set out and in accordance with customary standards for such installation and placement, in which recommendation this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to promptly enter into agreement with Appalachian Power Company providing for and causing said Company's prompt installation of eight (8) new and additional street lights in the Jefferson Hills orea annexed to the City effective December 31, 1967, the same to be installed and maintained pursuant to the City's existing agreement with said utility company, the type and location of the eight (8) additional street lights to be as follows, viz: 4 - 3500 lumen mercury-vapor lights on Winding Way Road, on Pole Nos. 301-4535, 301-7107, 301-2061 and on a new pole to be placed at the intersection of Winding Way Road with Dogwood Lane, at a monthly unit cost to the City of $2.05, each; 2 - 3500 lumen mercury-vapor lights on Forest Road, S. W., on Pole Nos. 301-4528 and 301- 4547, at a monthly unit cost to the City of $2.05, each; and 2 - 3500 lumen mercury-vapor lights on Park Lane, S. W., on Pole Nos. 301-6535 and 301-6016, at a monthly unit cost to the City of $2.05, each; the monthly cost to the City of all eight (8) such street lights to be $16.40, and to be paid out of funds annually appropriated by the City Council for the purpose. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of July, 1968. No. 18260. AN ORDINANCE providing for the City's extension of a public sanitary sewer line from its present terminus under Interstate Route 581, in Roanoke County, to certain property owned by the City and situate on State Route 626, presently leased to Shannon Hudgins; and accepting a written proposal made to the City on behalf of Shannon Hudgins to pay for the cost of all materials required to construct such extension, not exceeding $1,500.00; and providing for an emergency. WHEREAS, Shannon Hudgins, lessee from the City of certain property located on State Route 626 at the northwest corner of the Roanoke Municipal Airport, has requested that the City provide an extension of a public sanitary sewer main to serve the leased premises, and has offered and agreed in writing to pay to the City a sum equal to the cost of all of the material required to make and construct such extension, not to exceed the sum of $1,500.00; and the City Manager, recommending that such proposal be accepted, has advised the Council that City forces are able and equipped to construct such extension; and WHEREAS, a committee of Council, likewise recommending the City's acceptance of such proposal, has advised the Council that the total cost of the entire project, including all materials, is estimated to amount to the sum of $3,300.00; and WHEREAS, for the usual daily operation of the municipal goverment, 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 as follows: (1) That the written proposal made to the City under date of May 7, 1968, by Shannon Hudgins, to pay to the City the cost of all materials required to construct a 10-inch public sanitary sewer main extension from a point at the present terminus of a 12-inch public sanitary sewer main crossing under Interstate Route 581, across City-owned property and State Route 626 to a manhole on property of the Roanoke Municipal Airport adjacent to certain premises leased from the City to Shannon Hudgins, but such cost of materials to Hudgins not to exceed the sum of $1,500.00, be, and said proposal is hereby accepted by the City; and the City Clerk shall so notify Shannon Hudgins by transmittal to him of an attested copy of this ordinance; (2) That the City Manager do proceed to accomplish, by the employment of city forces, the construction of the new public sanitary sewer main or line abovedescribed and as set out and referred to in the report of the Council's Sewer Committee made under date of July 15, 1968; and that, upon determination of the total cost of all of the materials used or employed in the aforesaid sewer line extension, all such cost as does not exceed the sum of $1,590.00 shall be billed to Shannon Hudgins, for payment in accordance with the terms of his aforesaid written proposal; and (3) 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 July, 1968. No. 18261. Attorney," emergency. AN ORDINANCE to amend and reordain Section ~22, "Commonwealth's of the 1968-69 Appropriation Ordinance, and providing for an WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~22, "Commonwealth's Attorney," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: COMMONWEALTH'S ATTORNEY ~22 Subscriptions (1) (2) ............................. $ 116.00 (1) No state participation (2) Net increase ................ $116.00 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 29th day of July, 1968. No. 18249. AN ORDINANCE permanently vacating, discontinuinG, and closing a certain portion of Osborne Street, N. E., 40 feet in width, extending from the southerly line of Orange Avenue, N. E., to the northerly line of a lO-foot wide alley, as the 2;[7 same is extended easterly across Osborne Street, said street being shown on Sheet 333 of the City's Tax Appraisal Map, the title to which said portion of said street shall revert to the abutting owners; and authorizing the payment of viewers in connection with said street closing. WHEREAS, the Council has heretofore on its own motion proposed the permanen closing, vacating, and discontinuing of the street hereinafter described and did, by Resolution No. 18214, appoint viewers to view said street and to report to the Council as provided by law; and did further refer to the City Planning Commission the Council's proposal to permanently close, vacate, and discontinue said street; and WHEREAS, Messrs. William P. Wallace, J. Harry McBroom, Jr., and J. Tate McBroom, three of the viewers heretofore appointed as aforesaid, after making oath that they would faithfully and impartially discharge their duties as viewers, have taken a view of said street and have reported to the Council in writing under date of July 1, 1968, that in their opinion no inconvenience would result, either to any individual or to the public, from permanently vacating, closing, and discontinuing said portion of said street; and the City Planning Commission, upon consideration of the Council's proposal, has recommended to the Council in writing that said street be permanently vacated, closed, and discontinued; and WHEREAS, at a public hearing on the question of the closing of said street, held at the Council meeting on the 15th of July, 1968, at 2:00 o'clock, p.m., in the Council Chambers, .after due and timely notice of such public hearing published in a local newspaper, no person appeared in opposition to the closing of the same as hereinafter provided; and WHEREAS, the Council is, itself, of opinion that no inconvenience would result, either to any individual or to the public, from permanently vacating, closing and discontinuing that portion of the street described in the aforesaid resolution and in said Report of Viewers and h'ereinafter described, and that the same should be permanently vacated, closed, and discontinued as a public street, the fee simple title to which will revert to the abutting owners. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following described portion of that street situate in the City of Roanoke, to-wit: That certain portion of Osborne Street, N. E., 40 feet in width, extending from the southerly line of Orange Avenue, N. E., approximately 110 feet in a southerly direction, to the northerly line of a 10-foot wide alley running in an east-west direction through Block 20, Lilly View Land Company Map, as the said north line of said alley is extended easterly across Osborne Street, be, and is hereby permanently VACATED, DISCONTINUED, and CLOSED as a public street, and that all right, title, 'and interest of the public in general in and to such portion of said former street, as a public street and thoroughfare of the City, is hereby terminated and released insofar as this Council is empowered so to do, the City of Roanoke in its corporate capacity reserving unto itself, however, all of its rights heretofore acquired in the nature of utility rights-of-way in said portion of said street. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directe( to mark "permanently vacated, discontiued, and closed" that portion of said former street herein vacated on all maps and plats in his office, referring to the book and page of resolutions and ordinances of the Council of the City of Roanoke wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk forthwith deliver to the Clerk of the Hustings Court of the City of Roanoke an attested copy of this ordinance in order that the same be recorded in said lastmentioned Clerk's Office and be spread in the current deed book therein, proper notice to be made on all maps and plats recorded in said Clerk's Office upon which are shown that portion of Osborne Street, N. E., hereinabove permanently vacated, discontinued, and closed. BE IT FURTHER ORDAINED that the Council, pursuant to Section 15.1-364 of the 1950 Code of Virginia, as amended, doth hereby authorize and direct the City' payment of $10.00 to each of the following named viewers who have acted in this matter in payment for their services, viz: William P. Wallace, J. Harry McBroom, Jr and J. Tare McBroom; the Council, further, does hereby express its appreciation to the aforesaid viewers for their services in this regard. APPROVED ATTEST: :- d. ;-- IJ. ~.rj' / City Cle k Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of July, 1968. No. 18250. AN ORDINANCE to amend Title XV, Chapter zl.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 401, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, ~pplication has been made to the Council of the City of Roanoke to have property located on the north side of Church Avenue, S. E., between Seventh and Eighth Streets, described as Lots 15 - 23, inclusive, Block 2, Map of Woodland Park, Official Tax No. 4011204, rezoned from RG-2, General Residential District, to LM, Light Manufacturin9 District; and WHEREAS, the City Plannin9 Commission has recommended that the hereinafter described land be rezoned from RG-2, General Residential District, to LM, Light Manufacturing District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relatin9 to Zoning, have been published and posted as required and for the time provided by said section; and 220 WHEREAS, the hearing as provided for in said notice was held on the 22nd day of July, 1968, 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 th at the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 401 of the Sectional 1966 Zone Map, City of Roanok be amended in the following particular and no other, viz: Property located on the north side of Church Avenue, S. E., between Seventh Street and Eighth Street, described as Lots 15 - 23, inclusive, Block 2, Map of Woodland Park, of record in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia, in Deed Book 195, page 3, and designated on Sheet 401 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 4011204, be, and is hereby, changed from RG-2, General Residential District, to LM, Light Manu- facturing District, and that Sheet No. 401 of the aforesaid map be changed in this respect. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 29th day of July, 1968. No. 18251. AN ORDINANCE permanently vacating, discontinuing and closing the herein- after described portion of that certain alley twenty feet in width lying to the nort of Lot 26 and the easterly part of Lot 25 and to the south of the westerly portion of Lot liB, Block 7, Section 1, of the Map of Virginia Heights Corporation, and as shown on Sheet No. 133 of the Tax Appraisal Map of the City of Roanoke, Virginia. WHEREAS, Potomac Conference Corporation of Seventh Day Adventist has heretofore filed a petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting said Council to permanently vacate, discontinue and close the hereinafter described portion of alley, of the filing of which petitio due notice was given to the public as required by law; and WHEREAS, in accordance with the prayer of said petition, viewers were appointed by the Council on the 27th day of May, 1968, to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said alley; and WHEREAS., it appears from the written report of said viewers filed with the City Clerk on June 13, 1968, that no inconvenience would result either to any indivi dual or to the public from permanently vacating, discontinuin9 and closing said alley; and WHEREAS, Council at its meetin9 on ~Iay 27, 1968, referred the petition to the City Planning Commission, which Commission by its report dated June 20, 1968, an, filed with Council, recommended that the petition to vacate, discontinue and close the hereinafter described portion of alley be approved; and WHEREAS, a public hearing was held on the question before the Council at its regular meeting on July 22, 1968, after due and timely notice thereof published in The Roanoke World-News, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, from all of the foregoing, the Council considers that no incon- venience will result to any individuals or to the public from permanently vacating, discontinuin9 and closing the hereinafter described portion of alley, as applied for by the petitioner, and that, accordingly, said portion of said alley should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all of the hereinafter described portion of that certain alley twenty feet in width lying to the north of Lot 26 and the easterly part of Lot 25 and to the south of the westerly portion of Lot liB, Block 7, Section 1, of the Map of ¥irginia Heights Corporation, and as shown on Sheet No. 133 of the Tax Appraisal Map of the City of Roanoke, Virginia, which said portion of said alley is described as follows: BEGINNING at a point on the division line between Lots 26 and 27 at the northeasterly corner of Lot 26; thence S. 73 deg. 18' W. 72.14 feet to a point on the northerly side of Lot 25; thence N. 34 deg. 51' E. 32.18 feet to a point on the westerly corner of Lot liB; thence N. 73 deg. 18' E. 46.83 feet to a point on the southerly side of Lot liB; thence south 17 deg. 01' E. 20 feet to the place of BEGINNING. be, and it hereby is, permanently vacated, discontinued and closed; and that all right, title and interest of the City of Roanoke 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 empowered so to do, except that a permanent easement is hereby reserved by the City of Roanoke for the maintenance, repair and replacement of any storm drain, sewer or water line, or any other municipal installation, if any, now located in said alley. 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 Ordi- nances 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 221 222 or plats recorded in his office upon which are shown said alley, as provided by law, and that, if so requested by any party in interest, he may record the same in the deed book in his office 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of July, 1968. No. 18252. AN ORDINANCE granting to the Commonwealth of Virginia the right to purchase certain property of the City needed for the widening and improvement of a portion of U. S. Route 220 (Franklin Road, S. W.), upon certain terms and conditions; authorizing the execution of a requisite purchase option; and authorizing and directing the execution, on behalf of the City; of an adequate deed of conveyance to the Commonwealth upon later exercise of such purchase option. WHEREAS~' the Commonwealth of Virginia, Oepartmen,t of Highways, intending to undertake and perform a certain project for the improvement and widening of a portion of U. S. Route 220 (Franklin Road, S. I~.), needs to acquire for said project additional land for street right-of-way and certain temporary construction easements in lands adjoining said new right-of-way, and proposes to acquire from the City of Roanoke in fee simple two strips or parcels of land lying on the present southeasterl side of Franklin Road, S. W., between Wiley Drive and Edinburgh Street, containing in the aggregate 4,525 square feet of land, more or less, and, also, another lot or parcel of land situate on the present northeasterly side of McClanahan Street, S. W., southeast of Franklin Road and containing 3,600 square feet, more or less, and, in addition to the aforesaid, needs to obtain from the City a temporary construction easement over an additional 2,550 square foot strip of land adjacent to the two firstmentioned parcels, the fair value of all such land and easement having been determined to be $18,538.00; and WHEREAS, it has been proposed and recommended that the City grant to the Commonwealth of Virginia an option in writing to purchase all such land and easement upon the terms herein provided, in which proposal and recommendation this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and they are hereby authorized, directed and empowered to execute to the Commonwealth of Virginia, on behalf of the City, an option in writing granting to said Commonwealth for a period of 1 year from the date thereof the right to purchase and acquire from the City, in fee simple, in consideration of the payment to the City of the sum of $18,538.00, cash, the following described lots, parcels or strips of land, namely: PARCEL "A" - No. 001, being those two (2) certain strips or parcels of land situate on the present southeasterly side of U. S. Route 220 (Franklin Road, S. [~.), between Wiley Drive and Edinburgh Street, S. I~., and between points opposite approximate centerline stations 5258 and 7293 and between points opposite centerline stations 8262 and 9209, including connections with Wiley Drive and Edinburgh Street, containing in the aggregate zl,525 square feet of land, more or less, as shown on the plans for Project 0220-128-103, RW-201, prepared by the Department of Highways, Commonwealth of Virginia; and being a part of the same land acquired by the land- owner by the following instruments, namely: (a) Deed from Junius B. Fishburn, et ux, to City of Roanoke, dated December 16, 1935, recorded in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia, in Deed Book 609, page 202; and (b) Deed from Crystal Spring Land Company to City of Roanoke, dated December 16, 1935, recorded in the aforesaid Clerk's Office in Deed Book 609, page 259, wherein said property is described as a part of the land conveyed as Parcel No. 2 in said deed; and PARCEL "B" - No. O10, being that certain lot or parcel of land situate on the northeasterly side of McClanahan Street, S. W., southeasterly of Franklin Road, S. W., and on the south side of Old Road between points opposite approximate stations 10279 and 11260, con- tainin9 3,000 square feet, more or less, as shown on the aforesaid plans for Project O220-128-103, RW-201; and being the same land acquired by the landowner from Crystal Spring Land Company, et al, by deed dated May 10, 1937, recorded in the aforesaid Clerk's Office in Deed Book 623, page 285; together with a temporary construction easement over and upon an additional strip of land containing approximately 2,550 square feet, adjoinin9 Parcel "A" - No. O01, hereinabove described, such temporary easement to terminate and expire at such time as the highway project herein described shall have been completed or at such time as the City may have graded or filled its land adjoining said easement area so that there no longer exists the necessity for maintaining such slopes; such written option to be upon such form as is approved by the City Attorney, and to contain, in general, the provisions set out and contained in the Virginia Department of Highways' RW-IO (COl form of purchase option agreement and, further, to make reference to the provisions of the statute pursuant to which said highway project is to be performed. BE IT FURTHER ORDAINED that, upon later exercise by the Commonwealth of Virginia of the right provided in said option agreement to purchase and acquire the aforesaid land and easement and upon tender to the City of payment of the purchase price provided in said option agreement, the Mayor is hereby authorized, directed and empowered to execute, on behalf of the City, and the City Clerk shall seal and attest a requisite deed of conveyance, granting and conveying to the Commonwealth of Virginia the land and easement described in said option and in this ordinance, uch deed to be upon form approved by the City Attorney, and to be thereafter delivere o the proper official or officials of the Virginia Department of Highways. 223 224 APPROVED AT TE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2qth day of July, 1968. No. 18253. AN ORDINANCE approvinU the transfer from Harvey G. Dudley, tradin9 as Liberty Cab Company, to Liberty Cab Company, a corporation, of a certificate of public convenience and necessity authorizin9 the operation of two (2) taxicabs in the City; and approvinu and authorizing, further, the 9rantin~ of an additional such certificate to Liberty Cab Company, a corporation, authorizin9 the operation of an additional four (4) such taxicabs in the City or, as an alternate, a cancellat of the older certificate for two (2) taxicabs followed by the issuance of a new and single certificate to said corporation authorizin9 operation of six (6) taxicabs in the City. WHEREAS, upon application made to the City ~lanager pursuant to the provision of Chapter 1, Title XIX of the Code of the City of Roanoke, 1956, for transfer to Liberty Cab Company, a corporation, of a certificate of public convenience and necessity heretofore issued to Harvey G. Dudley, proprietor of Liberty Cab Company, for the operation of two (2) taxicabs in the City, and for issuance of further certificate to said corporation authorizin9 said corporation's operation of eight (8) additional taxicabs, and after due and proper notice of such application and of the hearin9 thereon to be held by the City Manager, and after investigation made and hearin9 conducted by the City Manager, said City Manager has reported to the Council in writin9 at its meetings on July 15 and July 22, 1968, his findings made as a result of such investigation and hearin9, together with his recommendation that approval be 9iven to the transfer to Liberty Cab Company, a corporation, of the certificate of public convenience and necessity heretofore issued to Harvey G. Dudley proprietor of Liberty Cab Company, then unincorporated, and to the issuance of an additional such certificate to said corporation authorizin9 its operation of an additional four (4) taxicabs in the City, a total of six (6) such taxicabs; and WHEREAS, no person has filed with the City Clerk written exceptions, either to the transfer of the existin9 certificate of public convenience and necessity or to the 9rantin9 to said corporation of an additional such certificate authorizin9 the operation of an additional four (4) such taxicabs; and the Council, considerin9 the matter, concurs with the reports and recommendations of said City Manager. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed to transfer to Liberty ,n Cab Company, a corporation, the certificate of public convenience and necessity heretofore authorized by Resolution No. 17093 to be issued to Harvey G. Dudley, proprietor of Liberty Cab Company, (unincorporated), and, thereafter, to issue to Liberty Cab Company, a corporation, an additional such certificate authorizing the operation of an additional four (4) such taxicabs by said corporation; or, as an alternative and upon such aforesaid transfer, to accept for cancellation the certificate issued pursuant to said resolution authorizing the operation of two (2) taxicabs, and upon cancellation of the same, issue to Liberty Cab Company, a corpora- tion, a single, new certificate of public convenience and necessity authorizing said corporation's operation of a total of six (6) taxicabs in the City, such opera- tion to be in full accordance and compliance with the provisions of Chapter 1, Title XIX of the Code of the City of Roanoke, 1956, relating to the operation of taxicabs and certain other vehicles, and with other applicable laws and ordinances of the State and of the City. ATTEST: Z City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of July, 1968. No. 18262. AN ORDINANCE authorizin9 certain contracts to be entered into with certain hospitals to provide hospitalization and treatment of indigent or medically indigent patients; fixin9 certain rates to be paid for such services during Fiscal Year 1968-1909; and providing for an emergency. WHEREAS, the City Manager has advised the Council by report dated July 29, 1908, that the State Department of Welfare and Institutions has established certain new rates for the treatment by hospitals of indigent and medically indigent patients, to be effective July 1, 1968, and thereafter during the City's Fiscal Year 1968-1909, and contracts have been prepared on Standard Form SLH to be entered into between the City and each hospital hereinafter named establishing and fixing the rates to be effective with each said hospital as hereinafter set out for services so rendered after said date; and WHEREAS, Gill Memorial Hospital, formerly in contract with the City for providin9 a portion of such services, is reported undesirous of renewing its said contract, and Jefferson Hospital is no longer in existence as a hospital in the City; 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 226 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, 1968. 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 mentioned, on Standard Form of Contract SLH, approved by the State Department of Welfare and Institutions, providing for said hospitals' hospitalization and treat- ment and inpatient care of the City's indigent and medically indigent patients at the following daily rates, commencing as of July 1, 1968, viz: Community Hospital of Roanoke Valley Lewis-Gale Hospital Roanoke Memorial Hospital Shenandoah Hospital Medical College of Virginia University of Virginia Hospital $43.52 per day 39.85 per day 32.28 per day 33.85 per day 43.52 per day 43.52 per day BE IT FURTHER ORDAINED that each aforesaid contract provide, further, for the City's payment for outpatient and/or emergency room service for its indigent or medically indigent patients at the all-inclusive rate of $5.00 per visit. BE IT FINALLY ORDIANED that, an emergency existin9, this ordinance shall be effective upon its passage and shall be retroactive in its effect to July 1, 1968 APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of July, 1968. No. 18263. A RESOLUTION authorizing the City Manager to approve a metered water connection to certain premises located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, the owner of certain property hereinafter described located outside the corporate limits of the City but abutting on an existing water main of the City, has made application to the City to have the premises connected to the City's water system; and WHEREAS, the City Manager has investiqated the application and, in view of the provisions of Resolution No. 16855 of the Council, has referred said application to the Council for consideration, recommending that said water connectio be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, a metered connection to the City's public water distribution system located in the street abutting or bordering on the rear of the property involved, outside the City's corporate limits, of the premises located at 3475 Colonial Avenue, S. W., described as Part 2, Hofawger Tract, such connection to be made in full compliance with the provisions established for such connections in Rule 38 of the Rules and Regulations for the operation of the City's Water Department, and said water services to be hereafter supplied by the City in accordance with its general rules and regulations and at such rates and charges as are generally provided in such instances. BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by the Council in its Resolution No. 16855. ATTE ST: City Clerk APPROVED r~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of July, 1968. No. 18264. AN ORDINANCE authorizing the acceptance of a written purchase option agreement from The Optimist Club of Roanoke, Virginia; providing for the City's acquisition of eight (8) certain lots or parcels of land located in the Norwich Section of the City, upon certain terms and conditions, by the exercise of said purchase option agreement; and providin9 for an emergency. WHEREAS, The Optimist Club of Roanoke, Virginia, has heretofore tendered to the City a written purchase option agreement by the terms of which said Club has offered to sell and convey to the City of Roanoke, eight (8) certain lots or parcels of land located in the Norwich Section of said City, for the total purchase price of $10,000.00, said offer to sell being open until December 31, 1968; and WHEREAS, funds sufficient to pay the purchase price hereinafter provided have been appropriated for the purpose and, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby authorized and directed to accept, on behalf of the City, that certain written purchase option agreement dated July 8, 1968, heretofore tendered to the City by The Optimist Club of Roanoke, Virginia, offering to sell and convey to the City eight (8) certain lots or parcels of land located in the Norwich Section of the City, said lots being more particularly described in said purchase option agreement. 7 228 BE IT FURTHER ORDAINED that the offer of The Optimist Club of Roanoke, Virginia, as contained in the aforesaid written purchase option agreement, to sell and convey to the City for a consideration of $10,000.00, cash, upon delivery of a good and sufficient deed of conveyance, those eight (8) certain lots or parcels of land, more particularly described in said purchase option agreement, be, and said offer in hereby ACCEPTED; and the City Clerk is hereby directed to notify The Optimist Club of Roanoke, Virginia, of the City's election to purchase the aforesaid lands by mailing an attested copy of this ordinance to Mr. James R. McLaughlin, 2448 Lofton Road, S. W., Roanoke, Virginia, 24015; and the proper City officials be, and they are hereby authorized to draw and deliver to said owner 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. BE IT FURTHER 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 ROAI~OKE, VIRGINIA, The 29th day of July, 1968. No. 18265. AN ORDINANCE accepting the proposal of Cross Electric Company, Inc., for the installation of an under-bridge lighting and conduit system at Wells Avenue, N. E and Interstate Spur Route 581; authorizing the proper City officials to execute the requisite contract; rejecting certain other bids made for said improvements; and )roviding for an emergency. WHEREAS, at the meeting of the Council held on July 22, 1968, and after tue and proper advertisement had been made therefor, three (3) bids for the installa- tion of an under-bridge lighting and conduit system at Wells Avenue, N. E., and Interstate Spur Route 581 were received and were opened and read before the Council, whereupon 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 writing its tabu- lation of said bids, from which and upon said committee's report it appears that the bid of Cross Electric Company, Inc., in the sum of $5,364.O0 is the lowest and best bid received by the City for the performance of said work; and WHEREAS, sums sufficient to pay for the cost of the contract hereinafter authorized have been or are being appropriated by the Council for the purpose; and for the usual daily operation of the municipal government, an emergency is set forth and declared to exist. '2 9 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1 That the proposal of Cross Electric Company, Inc., for furnishing all labor and materials necessary for the installation of an under-bridge lighting and conduit system at Wells Avenue, N. E., and Interstate Spur Route 581, in full accordance with the City's plans and specifications, said bidder's proposal, and in accordance with this ordinance, for the sum of $5,364.00, which proposal is on file in the office of the City Clerk, be, end said proposal is hereby ACCEPTED; 2. That the City Manager and the City Clerk be, and they are hereby authorized end 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 bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTE ST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 29th day of July, 1968. No. 18266. AN ORDINANCE to amend and reordain Sec. 10. Borrowing Cards, of Chapter 2. Public Libraries, Title VIII of the Code of the City of Roanoke, 1956, as amended, prescribing rules for the issuance of borrowing cards by the Public Library Department; and providing for an emergency. WHEREAS, consistent with the Council's action and the action of the School Board of the City of Roanoke, heretofore taken, relatin9 to admission into the City' public schools of children resident of areas outside the City involved in annexation proceedings to said City, the Council considers that the use and services of the City's public library should, likewise, be made available without cost to the adults and children resident in such areas; and WHEREAS, for the usual daily operation of the mun~ipal government, an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 10. Borrowing Cards, of Chapter 2. Public Libraries, Title VIII, of the Code 23O of the City of Roanoke, 1956, as amended, be, and said section is hereby amended and reordained to read and provide as follows: Sec. 10. Borrowing cards. The following persons shall be entitled to free 'borrowing cards: (a) Residents of the City; (b) Persons owning real estate situated in the city; (c) Persons conducting a business in and paying a license tax to the city; (d) To persons, residents of any area outside the corporate limits of the City which may at the time be the subject of a pending proceeding for annexation to the City. brought by voters of such area pursuant to~15.1_1034 of the 1950 Code of Virginia, as amended. Borrowing cards may be issued to nonresidents of the city not qualifying under (a), (b), (c) or (d), above, upon payment of the following annual fees: To an adult, which shall entitle said adult and his or her spouse and minor children, if any, to the library's book lending privileges, for an annual fee of ................ $6.00 To a juvenile below the eighth grade, for an annual fee of ................................ $3.00 To a juvenile in or above the eighth grade, for an annual fee of ............................ $6.00. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 1968. No. 18267. A RESOLUTION conditionally amending paragraph number (5) of a contract dated August 1, 1951, between the City of Roanoke and the Roanoke Railway & Electric Company and Safety Motor Transit Corporation, to authorize an increase in the charge for certain fares for bus transportation. BE IT RESOLVED by the Council of the City of Roanoke that paragraph number (5) of a contract dated August 1, 1951, between the City of Roanoke and Roanoke Railway & Electric Company and Safety Motor Transit Corporation as amended, be, and said paragraph is hereby amended so as to read as follows: (5) The companies shall be permitted to charge fares for transportation within the City, or lawful enlargements thereof, at the following rates: (a) Weekly pass, good any time ................. $3.00 (b) Cash fare ................................... 25 (c) Two tokens .................................. 45 BE IT FURTHER RESOLVED that this resolution shall be in effect from and after the 18th day of August, 1968, provided this resolution, prior to its effective date, shall have first been endorsed by Roanoke Railway $ Electric Company and Safety Motor Transit Corporation, by said companies' duly authorized agent, as evidencing said companies' agreement to its adoption and the amending of the aforesax contract to the extent only as provided for herein. APPROVED ATTE ST: / City Clerk Mayor This resolution is hereby endorsed by Roanoke Railway $ Electric Company and Safety Motor Transit Corporation as evidence of said companies' acceptance and approval thereof. Dated Signed: Safety Motor Transit Company, successor in interest of Safety Motor Transit Corporation and Roanoke Railway 5 Electric Company. By: General Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The Sth day of August, 1968. No. 18268. AN ORDINANCE to amend and reordain Section ~*13000, "Schools -Miscellaneous of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 ~130OO, "Schools - Miscellaneous," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS-MISCELLANEOUS ~13000 New Careers Program (1) $ 1 538 05 (1) 100% reimbursed by Total Action Against Poverty BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passa9e. ATTE ST: ty Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of August, 1968. No. 18269. AN ORDINANCE to amend and reordain Section ~75, "Recreation, Parks and 231 232 WHEREAS, for the usual daily operation of the Municipal Government of 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 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: RECREATION, PARKS AND RECREATIONAL AREAS ~75 Fees for Professional and Special Services (1) ........... (1) Net increase $600.00 BE IT FURTHER O. RDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED $ 1,650.00 ST: ~~--*'/-~.~-'.,,.~/ / / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 1968. No. 18271. A RESOLUTION appointing the City of Roanoke Redevelopment and Housing Authority as the relocation agency of the City of Roanoke, to be paid for i~ services in such matters when required by the City so to act and when such services are rendered. WHEREAS, in furtherance of the Workable Program for Community Improvement, the City of Roanoke (hereinafter called "City") is undertaking and is carrying out various planned and City-administered programs, and in the administration of certain of such programs it may become incumbent upon the City to locate, or to assist in locating or providing housing accommodations of families, individuals or businesses that are displaced as a result of the prosecution of such programs; and WHEREAS, the City believes the City of Roanoke Redevelopment and Housing Authority equipped to assume the responsibility of providing relocation services for rehousing of such families, individuals or businesses; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority is willing to accept such responsibility. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roano~ that the City of Roanoke does designate the City of Roanoke Redevelopment and Housing Authority as said City's relocation agency to assist in locating other housing accommodations for families, individuals or busiaesses. BE IT FURTHER RESOLVED that when duly requested and authorized by the City to perform such services, the City shall reimburse the City of Roanoke Redevelop. 233 merit and Housing Authority for the performance of such services out of such funds of the City as are appropriated for the purpose. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 1968. No. 18272. A RESOLUTION naming the Roanoke Civic Center and its component parts. WHEREAS, the City's civic center, consisting of an auditorium, an exhibit hall and a coliseum, is now under construction and the Council considers it timely, necessary and proper that the entire of such new facility and each of its component parts be officially designated and named; and has considered and discussed the matte: among its members and with the City's architects and engineers, and has arrived at conclusions thereon. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the entire of the City's new public facility under construction on a site bounded in part by Interstate Spur Route 581 on the west, Courtland Road and Williamson Road, N. E., on the east, and Orange Avenue, N. E.-U. S. Route 460 on the north, and consisting of an auditorium and other related public buildings designed as an exhibi hall and as a coliseum, be, and said new public improvement and facility shall be designated and be known as ROANOKE CIVIC CENTER. BE IT FURTHER RESOLVED that the three component parts of the aforesaid Roanoke Civic Center be, and are hereby designated and shall be known as ROANOKE CIVIC CENTER AUDITORIUM, as ROANOKE CIVIC CENTER EXHIBIT HALL and as ROANOKE CIVIC CENTER COLISEUM, respectively. BE IT FURTHER RESOLVED that an attested copy of this resolution be caused by the City Clerk to be published once in a newspaper of general circulation publish in the City; and that an attested copy hereof be transmitted by the City Clerk to the City's architects and engineers for the aforesaid project. APPROVED City Clerk Mayor 234 IN THE COUNCIL OF THE CITY~ OF ROANOKE, VIRGINIA, The 5th day of August, 1968. No. 18273. AN ORDINANCE authorizing the City's execution of an agreement with Norfolk and Western Railway Company providing a right to the City to lay, maintain and opera! a certain 12-inch water pipe line under and across said Company's prOperty at or near Hollins, in Roanoke County, to provide water on property of Ingersoll-Rand Company, upon certain terms and c:onditions; agreeing to indemnif.y and save harmless said Company against loss or damage occasioned by the, location, construction, maintenance, use or presence of said pipe line, and to insure such obligation during the period of construction of said pipe line; and providing for an emergency. WHEREAS, in Order to provide water service to the industrial plant of Ingersoll-Rand ComPany, in Roano[~e County, the City has proposed to have constructed and installed a new 12-inch water pipe under 'and across the land and the railroad tracks of Norfolk and Western Railway Company at the location hereinafter described, and said Contpany has offered to grant to the Ci~ty the right so to do,' as a donation and without payment: of monetary consideration, upon the City's acceptance and agree- ment to the terms of the written license hereinafter mentioned; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance tak, effect upon its passage. THEREFORE, BE IT ORDAINKD by the Council of the City .of Roanoke that the City Manager be, and he is hereby authorized and empowered on behalf of the City to execute, in the name of the City, a certain written agreement in the form of a license, on standard form C. E. 15, Rev. 9-66 (3 sheets) of said Company, granting to the City the right to lay, maintain and operate a 12-inch water carrier pipe line, or main, under and across the land and under the tracks of said Company at or near Hollins, in Roanoke County, at its Mile Post H-233.85 in Roanoke County on the Shenandoah Division of said Company, as shown on the City's Water Department Plan 68-10 dated April 2, 1968, which said agreement will provide, inter alia, that the City will pay the entire expense of placing said pipe under said land and tracks, and will keep said conduit in good repair; that the City will agree to indemnify and save said Company harmless against loss or damage arising out of the City's exercise of the privileges under said agreement, and will insure to said Company its aforesaid indemnification agreement during the pe~riod of the City's construction of said pipe line with limits of $250,000. for injury to or death of one person and $500,000. for injury to or death of two or more persons in any one accident, and $250,000. for damage to property; that the City will pay to said Company the sum of $12.00 per sign for each sign erected by said Company showing the depth of said pipe line in said right-of-way; that the license shall be terminable by either party on sixty (60) days written notice to the other party; and that the privilege afforded b said agreement has a fair market value of $70.00 for its initial term of one year and of $20.00 Der year for each additional term; said a.qreement to be upon such form, 235 BE IT FURTHER ORDAINED that the City Manager be, and he is hereby authorized and empowered to obtain an adequate and satisfactory policy of liability insurance, to insure the City's aforesaid indemnification a§reement under the aforesaid license, the cost of the insurance premium to be paid out of funds appropriated for the purpose to the Water Department; and to deliver said policy of insurance to the aforesaid Company; and BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect ,upon its passage. ATTEST: lc City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1968. No. 18270. AN ORDINANCE amending Ordinance No. 18111, heretofore adopted on April 22, 1968, 9ranting revocable, non-transferable authority to Thomas M. Aheron, doing business as Mack Aheron Advertising, to maintain a certain sign within the planned right-of-way of a major arterial highway on premises located at 3411 Williamson Road, N. W., known as a part of Lot 5, Block 1, Map of Huntington Court Subdivision. WHEREAS, by its Ordinance No. 18111, heretofore adopted on April 22, 1968, the Council granted revocable, non-transferable authority to Thomas M. Aheron, doing business as Mack Aheron Advertising, to maintain a certain sign on premises located at 3411 Williamson Road, N. W., known as part of Lot 5, Block 1, Map of Huntington Court Subdivision, encroaching on a planned major arterial highway right-of-way; and WHEREAS, it was provided in the aforesaid ordinance that the westerly edge of the sign therein authorized to be erected extend not closer than 11.5 feet to the western edge of the MacEve, Incorporated, property line, when, in fact, the agreed placement of said sign was to have been not closer than 7.5 feet from the western property line of MacEve, Incorporated; and WHEREAS, the City Manager has recommended that said Ordinance No. 18111 be amended in order that said error be corrected, in which recommendation the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 18111, adopted on April 22, 1968, granting certain authority to Thomas Aheron for the placement of a certain sign described and provided in said ordinance, be and is hereby amended to provide that the westerly edge of that certain sign mentioned and provided for in said ordinance be erected on Lot 5, Block 1, Map of 236 Huntington Court Subdivision, and within the area on said lot which is planned and approved as the right-of-way for a major arterial highway, namely, Williamson Road, so as not to extend closer than 7.5 feet to the western edge of the MacEve, Incor- porated, property line; otherwise, said ordinance and the provisions, conditions and limitations contained therein to remain in force and effect. APPROVED ATTE ST: / ' City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1968. No. 18274. A RESOLUTION relating to the Brookside Lane, S. E., and Woodland Road, S. sanitary sewer project; fixing and approving the amounts to be finally assessed against abutting property owners served by said sewer; and providing for the recor- dation of the amounts of said final assessments in the Judgment 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 Brookside Lane, S. E., between a poin 55 feet northerly from Rutrough Road, S. E., and Woodland Road, S. E., and on both sides of Woodland Road, S. E., between Plateau Road, S. E., and the easterly end of Woodland Road, S. E., 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 August, 1968, and after notice thereof pub- lished 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 befor the parties 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 assessments 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 shown on Schedule "A" dated June 26, 1968, pub- lished with the aforesaid notice; and WHEREAS, at the conclusion of said public hearing and upon consideration o 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 contai ed in Schedule "A" aforesaid, are fair, reasonable, and just, and should be aff ratified, and approved. 237 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 Brookside Lane, S. E., between a point 55 feet northerly from Rutrough Road, S. E., and Woodland Road, S. E., and on both sides of Woodland Road, S. E., Between Plateau Road, S. E., and the easterly end of Woodland Road, S. E as said final assessments are set out in detail on Schedule "A" dated June 26, 1968, on file in the Office of the ~ity Clerk, a copy of which was published as aforesaid, be, and the same are hereby approved, ratified, and confirmed 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 November 1, 1968, 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 "A". 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 will be attached an attested copy of Schedule "A" referre, 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 "A" ATTE ST: ~ity Clerk , aforesaid. APPROVED Mpyor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1968. No. 18275. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Mary W. Schnurman, Stephen B. Bogese, Catherine L. Boqese, Malcolm M. Rosenberg and Ruthy G. Rosenberg, to permanently vacate, discontinue and close a ten-foot alley running north and south through Block 16, Grandin Place, from Maiden Lane to a ten-foot alley running east and west through said block. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of Mary W. Schnurman, Stephen B. Bogese, Catherine L. Bogese, Malcolm M. Rosenberg and Ruthy G. Rosenberg, that said petitioners did on July 29, 1968, duly and legally publish, as required by ~15.1-364 of the Code of Virginia (1950), as amended, a notice of this application to the Council of the City of Roanoke, Virginia, to close the hereinafter described alley, the publication of which 238 was had by posting a copy of the notice on the front door of the courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance) and at 311 Second Street, S. E., as provided by the aforesaid section of the Virginia Code, as amended, all of which is verified by an affidavit of the City Sergeant appended to the application addressed to the Council requesting that the hereinafter described alley be permanently vacated, discontinued and closed and WHEREAS, it appearing to the Council that more than ten days have elapsed since the publication of such proper legal notice, and the Council having considered said application to permanently vacate, discontinue and close the hereinafter des- cribed alley; and WHEREAS, the applicants have requested that five viewers, any three of who~ may act, be appointed to view said alley herein sought to be permanently vacated, discontinued and closed and report in writing, as required by §15.1-364 of the Code of Vi~rginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. R. R. Quick, C. F. Kefauver, Fred DeFelice, Aylett B, Coleman, and Roy L. Mastin, Jr., any three of whom may act, be, and they hereby are, appointed as viewers to view the following described alley and report in writing, pursuant to the provisions of §15.1-364 of the Code of Virginia, as amended, whether or not in their opinion any, and, if any, what inconvenience would result from formally vacat- lng, discontinuing and closing the same, namely: BEGINNING at the point of intersection of the south side of Maiden Lane, S. W., and the west side of a ten-foot alley running north and south in Block 16, Grandin Place, said point being 260 feet, more or less, from the intersection of the southerly side of Maiden Lane and the westerly side of Grandin Road; thence with the west side of said alley in a southerly direction 226.02 feet, more or less, to a point on the north side of a ten-foot alley running east and west in Block 16, Grandin Place; thence with the northerly side of said east-west alley and with the southerly terminus of the north-south alley ten feet, more or less, to a point on the east side of said north-south alley at its southerly terminus; thence with the east side of said north-south alley 226 feet, more or less, to a point on the south side of Maiden Lane; thence with the south side of Maiden Lane and the northerly terminus of the aforesaid north-south alley in a westerly direction ten feet, more or less, to the place of BEGINNING. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1968. No. 18276. AN ORDINANCE to amend and reordain Section ~28000, "Schools - Project Second Step," of the 1968-69 Appropriation Ordinance, and providing for an emergency WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section g28000, "Schools - Project Second Step," of the i968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - PROJECT SECOND STEP ~28000 Supplies (1) Travel (2) ............................................... Food Services (3) ........................................ (1) Net increase ...... $ 908.19 (2) Net decrease .......... $ 737.60 (3) Net decrease ..................... $ 170.59 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ............................................. $ 55,331.42 3,834.40 2,829.41 ATTE ST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1968. No. 18277. A RESOLUTION approving a temporary street lighting plan for interim lighting of the entrance and exit ramps of Interstate Route 581 at Orange Avenue. WHEREAS, the City Manager has reported to the Council the plan hereinafter set out for the provision of certain temporary street lights, for interim lighting of the entrance and exit ramps of Interstate Route 581 at Orange Avenue, the same having been developed at the suggestion of certain members of the City Council; said City Manager further reporting that the plan, submitted to the Virginia Depart- ment of Highways, has been reviewed and approved by said Department; and WHEREAS, upon consideration of the plan so reported, the Council has concurred in said proposal, there having been heretofore appropriated for the purpose of street lightin9 a sum sufficient to pay for the annual cost of such additional street lights. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby APPROVE that certain temporary street lighting plan for interim lighting of the entrance and exit ramps of Interstate Route 581 at Orange Avenue, said plan consisting of the erection of eight (8) 21,000 lumen mercury vapor overhead fed street lights, on wooden poles with a mounting height of 35 feet and located behind the existing sidewalks, the same to be installed and used until such time as a standard highway lighting plan has been developed for interchanges of such nature. 239 24O BE IT FURTHER RESOLVED that the City Manager be, and is hereby authorized and directed to cause the aforesaid eight (8) new street lights to be promptly installed and placed in service by Appalachian Power Company, pursuant to the provisions of the City's contract for street lighting with said Company made under date of December 7, 1959, at a total additional monthly cost of $36.00 for all said eight (8) new street lights. BE IT FURTHER RESOLVED that the City Clerk do promptly transmit an attested copy of this resolution to the Virginia Department of Highways, in care of Mr. Clarence F. Kellam, District Engineer, and to the Appalachian Power Company. APPROVED ATTE ST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1968. No. 18278. A RESOLUTION amending, in part, Resolution No. 17570, adopted June 12, 1967, authorizing the installation of certain street lights at various locations in the City of Roanoke. WHEREAS, the City Manager, in written report made to the Council under date of May 6, 196B, and for the reasons set out in said report, has recommended to the Council that Resolution No. 17570 authorizing the installation of certain street lights in the City be amended and changed as hereinafter provided; and the ~Council, considering the matter, concurs in the City Manager's recommendations. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Resolution No. 17570 of said Council, adopted June 12, 1967, be amended so as to incorporate the following changes, only: 1. Under GROUP II, first item, delete in its entirety "One 2500 lumen overhead incandescent street light on the north side of Vineyard Avenue, N. E. (AP Pole No. 255-4582)"; and 2. Under GROUP III, second item, change "One 2500 lumen overhead incandescent street light at the intersection of Carolina Avenue and Wycliffe Avenue, S. W. (AP Pole No. 302-698)" to read: "One 3500 lumen overhead mercury vapor street light at the intersection of Carolina Avenue and Wycliffe Avenue, S. W. (AP Pole No. 302-69B)"; otherwise, the provisions of Resolution No. 17570 be and remain in force and effect. APPROVED ATTE ST: City Clerk Mayor 241 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1968. No. 18279. A RESOLUTION amending, in part, Resolution No. 17730, adopted September 25, 1967, authorizing the installation of certain street lights at various locations in the City of Roanoke. WHEREAS, the City Manager, in written report made to the Council under date of May 6, 1968, and for the reasons set out in said report, has recommended to the Council that Resolution No. 17730 authorizing the installation of certain street lights in the City be amended and changed as hereinafter provided; and the Council, considering the matter, concurs in the City Manager's recommendation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Resolution No. 17730 of said COuncil, adopted September 25, 1967, be amended so as to incorporate the following changes, only: 1. Under GROUP IV, fifth item, change "One 7000 lumen overhead mercury vapor street light at the intersection of Yeager Avenue and Twentieth Street, N. E. (AP Pole No. 231-14)" to read: "One 3500 lumen overhead mercury vapor street light at the intersection of Yes,er Avenue and 20th Street, N. E. (AP Pole No. 231-14)"; 2. Under GROUP IV, sixth item, change "One 7000 lumen overhead mercury vapor street light at the intersection of Yeager Avenue and Nineteenth Street, N. E (AP Pole No. 255-104)" to read: "One 3500 lumen overhead mercury vapor street light at the intersection of Yeager Avenue and 19th Street, N. E. (AP Pole No. 255-104)"; 3. Under GROUP VI, fifteenth item, delete in its entirety "One 7000 lumen overhead mercury vapor street light on the south side of Hershberger Road, N. W., at the intersection of road to Associated Transport property and Airport Roa (new pole)"; and 4. Under GROUP VI, sixteenth item, deletd in its entirety "One 3500 lumen overhead mercury vapor street light at intersection of two roads to Airport at northwest corner of Associated Transport property (new pole)"; otherwise, the provisions of Resolution No. 17730 be and remain in force and effect. APPROVED ATTE ST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of Auqust, 1968. No. 18280. AN ORDTNAMCF t,'., ,::, ., .:,, . ..I o.,a .... a.,:. 242 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~500, "Water - Capital Outlay from Replacement Reserve," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: WATER - CAPITAL OUTLAY FROM REPLACEMENT RESERVE ~500 Replacement Reserve (1) .................................... $180,000.00 (1) Replace pumps at Hollins Pumping Station $5,850.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: C/ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1968. No. 18281. AN ORDINANCE to amend and reordain Section =32, "Other Health Agencies," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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. 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: OTHER HEALTH AGENCIES =32 Help, Incorporated (2) ................................... $ 3,370.00 (2) Water Service for Sprinkler System in Halfway House--- $1,370.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: / City Clerk Mayor 243 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of August, 1968. No. 18282. AN ORDINANCE authorizing the acquisition of a perpetual easement lying five feet equidistant from and on both sides of the common boundary of Lots I0 and 11, Block 3, Section 2, Jefferson Forest Subdivision, for certain public purposes, upon certain terms and conditions; providing that the purchase price to be paid for said easement be made a part of the overall cost of a certain sewer construction project; ,,authorizing and directing the City's installation of an 8-inch sewer line in said right-of-way; and providing for an emergency. WHEREAS, in order to extend sanitary sewer service to certain recently- annexed areas of the City and, for possible future storm drainage and waterline extensions in said area, it is necessary to acquire an easement extending from Heritage Circle, S. W., along the common boundary of Lots 10 and 11, Block 3, Section 2, in the Jefferson Forest Subdivision; and the Council is advised that Henry A. Davis and Madelon J. Davis, owners in fee simple of the abovedescribed land, have offered to grant and convey to the City the requisite easement rights for a considera tion of $500.00, cash; and WHEREAS, the Council is further advised that Joseph H. Austin, Edward H. Brewer, Jr., and their respective wives, owners of adjacent properties which will immediately benefit from the proposed sanitary sewer service, have offered and agreed to reimburse the City for one-half (1/2) of the cost of acquisition of the easement hereinafter authorized, together with one-half (1/2) of the City's cost of installing a sewer main therein; 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 Ci' doth hereby accept the offer of Henry A. Davis and Madelon J.-Oavis to grant and convey to the City a perpetual easement for a right-of-way 10 feet in width, beginnin at a point on Heritage Circle, S. W., and extending approximately 122 feet in a northwesterly direction five feet equidistant from and on both sides of the common boundary of Lots 10 and 11, Block 3, Section 2, Jefferson Forest Subdivision, for sanitary sewer, storm drain and waterline purposes, for a consideration of $500.00, cash; and the City Attorney is hereby directed to prepare and tender to said owners for execution and delivery back to the City a good and sufficient deed of easement; and thereafter and upon execution and acknowledgment of said deed, the City's check in the sum of $500.00 in full payment of the aforesaid purchase price shall be drawn and delivered to the aforesaid grantors, and the deed shall be caused to be recorded in the local Clerk's Office. 244 BE IT FURTHER ORDAINED that, upon payment by Joseph H. Austin and Edward H Brewer, Jr., of the sum of $292.08, each, to the City, said sums aooregating one-hal (1/2) the estimated cost of the construction and installation of said sewer main, amount being subject to adjustment, upon determination of the final cost of said installation, the City Manager is authorized and directed to cause to be installed in the aforesaid easement area an 8-inch sewer main to serve the property of said owners; and the Council doth authorize and direct the acceptance by the proper City officials of the offer of Joseph H. Austin and Edward H. Brewer, Jr., to reimburse the City for one-half (1/2) of the cost of acquisition of the easement herein authorized to be acquired. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. A P P R 0 V E D ATTEST: ~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1968. No. 18284. A RESOLUTION amending Resolution No. 15984, adopted by the Council of the City of Roanoke on August 24, 1964, and approving the filing of an Amendatory Survey and Planning Application by the City of Roanoke Redevelopment and Housing Authority with the Federal Government to defray costs of survey and planning of a redevelopment project. WHEREAS, Resolution No. 15984 of August 24, 1964, as adopted by the Council of the City of Roanoke, Virginia, approved the filing of a Survey and Plannin Application by the City .of Roanoke Redevelopment and Housing Authority with the Federal Government to defray the costs of surveys and planning of a redevelopment project now designated as VA. R-42; and WHEREAS, it was necessary to amend Resolution No. 15984 of August 24, 1964 by Resolution No. 18006 of February 19, 1968, to reflect the increased costs for the carrying out of surveys and the preparation of plans for said project; and WHEREAS, the costs of making the surveys and carrying out of planning of the redevelopment project have again increased; and WHEREAS, it has again become necessary to amend Resolution No. 15984 of August 24, 1964, to reflect these additional costs that will be incurred for surveys and plans for said project; and WHEREAS, it is desirable and in the public interest that the City of Roanoke Redevelopment and Housing Authority make the necessary surveys and prepare th- 245 the necessary plans now presently estimated to cost approximately ONE HUNDRED SEVENTY EIGHT THOUSAND FIVE HUNDRED THIRTY TWO DOLLARS ($i[78,532.00) in order to undertake and carry out a redevelopment project of the character contemplated by Section 110 (c) of Title I in the area proposed as a Redevelopment Project Area, situated in the City of Roanoke, and State of Virginia, which is described in detail in said Resolutions Nos. 15984 and 18006. THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1 That financial assistance under Title I is needed to enable the City of Roanoke Redevelopment and Housing Authority to finance the planning and undertaking of the Downtown East Redevelopment Project, designated VA. R-42. 2. That the Filing of an Amendatory Application by the City of Roanoke Redevelopment and Housing Authority for an advance of funds from the United States of America in an amount estimated to be approximately ONE HUNDRED SEVENTY EIGHT THOUSAND FIVE HUNDRED THIRTY TWO DOLLARS ($178,532.00), to enable it to defray the costs of surveys and plans for a redevelopment project in the proposed Redevelopment Area, described above, is hereby approved. 3. That Resolution No. 15984 of August 24, 1964, as adopted by the Counci of the City of Roanoke is hereby amended to the extent hereinabove set forth. APPROVED ATTEST: I /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lqth day of August, 1968. No. 18287. AN ORDINANCE to amend and reordain Section ~75, "Recreation, Parks and Recreational Areas," of the 1968-69 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 Section ~75, "Recreation, Parks and Recreational Areas," of the 1968-69 Appropriatio Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: RECREATION, PARKS AND RECREATIONAL AREAS ~75 Operatin9 Supplies and Materials (1) .................... $ 26,470.00 (1) Net increase for trophies .......... $475.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. 246 APPROVED ATTE ST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lqth day of August, 1968. No. 18288. AN ORDINANCE fixing the per diem rate to be paid by the City to Suburban Hospital Association, of Bethesda, Maryland, for treatment of an indigent charity patient of the City, for periods aggregating 32 days, commencing April 14, 1968; 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 by the City Manager in a report dated August 19, 1968, that a charity patient of the City's Department of Public Welfare becoming ill in Maryland was hospitalized in Suburban Hospital, in Bethesda, Maryland, from April 14, 1968, through April 27, 1968, and, again, from May 19, 1968, to June 7, 1968, as a charity patient entitled to hospitalization services, the City's maximum allowable daily rate for such services being, at the time, $37.46 per day; and WHEREAS, the City Manager has recommended that, in order that said hospital be compensated by the City for the services rendered said patient, he be authorized to enter into standard written agreement with said hospital, fixing and agreeing upon a daily rate for said hospital's treatment and care of the City's patient at the sum of $37.46 per day, for the period herein provided; and WHEREAS, funds sufficient to pay for the cost of such hospitalization have been appropriated by the Council 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 City Manager be, and he is hereby authorized and directed to enter into requisite contract or agreement on behalf of the City with Suburban Hospital Association, 8600 Old Georgetown Road, Bethesda, Maryland, fixing a daily rate for hospitalization of an indigent welfare patient of the City in Suburban Hospital, in Bethesda, Maryland, for hospitalization services for the period from April 1, 1968,-to June 30, 1968,. and, specifically, for periods of hospitalization of said patient commencing April 14, 1968, and extending through April 27, 1968, and from May 19, 1968, through June 7, 1968, a total of thirty-two (32) days' hospitalization, at a dally rate of $37.46 per day, for such services; thereafter, said hospital to be paid for its 247 aforesaid services rendered said patient, out of sums appropriated by the Council for the purpose. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage, and retroactive to April 14, 1968. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lqth day of August, 1968. No. 18289. A RESOLUTION authorizing the City Manager to approve a proposed extension of a certain 6-inch water main and certain metered water connections thereto, to serve premises in West View Terrace Subdivision, located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, the owner of property hereinafter described located outside the corporate limits of the City, adjacent to an existing 6-inch water main of the City, has made application to the City for extension of said water main to provide service to five lots in the subdivision hereinafter named; and WHEREAS, the City Manager has investigated the application and, in view of the provisions of Resolution No. 16855 of the Council, has referred said appli- cation to ~e Council for consideration, recommending that said water main extension and water connections be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, an extension of the City's existing 6-inch water main in Tellico Road for a distance of 127 feet to five lots abutting a cul-de-sac at the end of Kay Street, N. W., in the West View Terrace Subdivision, in Roanoke County, and to make metered connections therewith to serve said five lots designated Lots 1, 2, 3, 4 and 5, Block 1, Section 7, according to the Map of West View Terrace; such water main extension to be constructed in strict accordance with plans therefor approved by the City's Water Department and at the sole expense of the aforesaid applicant, said water main extension, when so constructed, to become and be the property of the City; all such water main extension and service connections, further, to be made in full compliance with the provisions established in Rule 38 of the Rules and Regulations for the operation of th~ City's Water Department, and said water services to be thereafter supplied by the City in accordance with its general rules and regulations and at such rates and charges as are generally provided in such instances BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by Council in 248 APPROVED ATTE ST: ~. ~/ .{-- ~- - / 'City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1968. No. 18290. AN ORDINANCE amending Sec. 5., Discharging Firearms, and Sec. 8., Concealed Weapons, of Chapter 4, Title XXIII of the Code of the City of Roanoke, 1956, said chapter relating to Offenses Against the Peace, by providing for additional penalties for the violation, upon conviction, of said sections; and providing for an emergency. WHEREAS, its attention having been focused upon the increasing number of events involving the illegal use of firearms in the nation and in the City, the Council appointed, at its regular meeting of June 17, 1968, a Committee to study the advisability of enactment of additional firearms-control legislation in the City of Roanoke; and WHEREAS, the Committee has reported in writing its recommendations to the Council, from which and upon said Committee's report it appears to the Council that the high incidence of the illegal use of firearms in the City would be curtailed by increasing the penalties for violations of certain existing firearms regulations as hereinafter provided; and WHEREAS, for the immediate preservation of the public peace and safety, 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 C~ty of Roanoke that Sec. 5., Discharging Firearms, of Chapter 4, Offenses Against the Peace, of Title XXIII of the Code of the City of Roanoke, 1956, be, and said section is hereby amended and reordained to read and provide as follows: Sec. 5. Discharging Firearms. It shall be unlawful for any person to shoot any gun, pistol or any other firearm, within the limits of the City, except in case of urgent necessity; excepting members of the City Police Force, members of the established armed forces and members of bona fide gun clubs, shooting on ranges approved by the City Council and established in the City for their uses, and persons shooting in licensed shooting galleries. Any person convicted hereunder shall be fined not less than five nor more than five hundred dollars, or confined in jail not more than twelve months, or both, for each offense. BE IT FURTHER ORDAINED that Sec. 8., Concealed Weapons, of Chapter 4, Offenses Against the Peace, of Title XXIII, of the Code of the City of Roanoke, 1956, be, and said section is hereby amended and reordained to read and provide as follows: Sec. 8. Concealed Weapons. Any person who without lawful authority shall carry about his person, hidden from common observation, any pistol, and any person who shall carry about his person, hidden from common observation, 249 a similar character shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty nor more than five hundred dollars, or confined in jail for not more than twelve months, or both. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTE ST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lqth day of August, 1968. No. 18291. AN ORDINANCE accepting the proposal of John W. Daniel ~ Co., Inc., for the furnishing of all labor and materials necessary for the construction of a Municipal Building Annex consisting of a 5-story concrete frame building containing approximately 72,000 square feet and certain related work, on a site heretofore provided for such purpose, upon certain terms and conditions; choosing certain alternates described in the bid documents; authorizing execution of a requisite contract for the construction of said improvement; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, at a special meeting of Council held on August 15, 1968, and after due and proper advertisement had been made therefor, and after further bM ding had been declared closed, seven (7) sealed bids for furnishing all materials, labor, equipment and services required and called for to construct a Municipal Building Annex in accordance with the plans for said building heretofore approved by the Council and complying with all of the specifications, conditions and drawings accompanying said plans and with addenda added thereto durin9 the period provided for bidding, were received, and were opened and read before the Council, whereupon all said bids were referred to the members of the Council sitting as a committee, to tabulate and study the same and to make report and recommendations thereon to the Council; and WHEREAS, said council committee having met with the City's architects and engineers and having considered and studied all said bids, has reported to the Council in writin9 its tabulation and recommendations on all said bids, from whir it appears to said council committee and to the Council that the proposal of John W. Daniel ~ Co., Inc., containing a base bid of $2,193,000.00, represents the lowest and best bid made to the City for the performance of said work, that the bid so made complies in all material respects with the requirements made of all said bidders and that said low bid should be accepted and, in so doing, the City should elect to accept the additive alternates bid on as Item 5, for $9,700.00 additional, and as 25O Item 7a, for $17,000.00 additional, so that the total sum of contract awarded for such construction be the lump sum of $2,219,700.00; and WHEREAS, the Council, considering all such matters, deems it necessary and proper and to the best interests of the City that the proposal of John W. Daniel & Co., Inc., made on a base bid of $2,193,000.00 for Item 1, as aforesaid, be accepted, along with the alternates bid on as Item 5 and Item 7a, abovementioned, by said bidder, and that a contract be awarded and entered into by the City with said low bidder; and WHEREAS, funds sufficient to pay for the cost of the aforesaid improvements have been appropriated for the purpose by the Council to the Municipal Building Annex Project fund and the City Auditor has certified to the Council that the money required for the contract hereinafter authorized to be entered into is in the City Treasury to the credit of said fund and is not appropriated for any other purpose, which said certificate, made in accordance with the provisions of subsections (h) and (i) of Sec. 25 of the Roanoke Charter of 1952, is on file in the Office of the City Clerk; and WHEREAS, for the usual daily operation of the municipal government and in order that the aforesaid public improvement be provided for public use at the earliest date practicable, an emergency is hereby set forth and is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That the written proposal of John W. Daniel g Co., Inc., dated August 15, 1968, made to the City for furnishing all materials, labor, equipment and all services of whatever nature required and called for for the construction of the City's Municipal Building Annex building in full accordance with the plans, specifications and other documents heretofore prepared and approved therefor and with addenda thereto issued during the period provided for bidding, said building to consist of a 5-story concrete frame building containing approximately 72,000 square feet of floor space and related work, on the site heretofore provided for said b.uilding, in accordance with the approved contract documents and within the time therein provided and for a lump sum bid of $2,193,OO0.00 as made for Item 1, with $9,700.00 added thereto for insulating glass in windows as bid for Item 5 and with $17,000.OO added thereto for a 4-station pneumatic tube system as bid for Item 7a, all aggregating the lump sum price to the City of $2,219,7OO.00, be, and said proposal is hereby ACCEPTED; (2) That the Mayor and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with the aforesaid John W. Daniel & Co., Inc., the same to incorporate the terms and provisions of this ordinance, including all of the City's plans and specifications made for said work and addenda thereto issued during the bidding, said contract to be, otherwise, upon such form as is approved by the City Attorney; and the cost of the work when and as completed, shall be paid out of funds heretofore or being contemporaneously herewith appropriated by th~ f~a,,n~i I f'~'~ tha and 251 (3) That the six (6) other bids made to the City for performing said work be REJECTED; and the City Clerk shall so notify said other bidders and 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; and, further, that the City Clerk do forthwith deliver or transmit to the successful bidder an attested copy of this ordinance. APPROVED ATTEST: /c ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,, The lqth day of August, 1968. No. 18292. A RESOLUTION rejecting all bids received for constructing a storm drain on Crystal Spring Avenue and 29th Street, S. W. WHE[~EAS, at the regular meeting of the Council held on July 8, 1968, and after due and proper advertisement had been made therefor, five (5) bids for constructing a storm drain on Crystal Spring Avenue and 29th Street, S. W., were opened and read before the Council, whereupon said bids were referred to a committee for study and for recommendation to be made thereon to the Council; and WHEREAS, said committee has reported to the Council in writing and recommended conditional acceptance of the low bid made for said improvement; however, Mr. William Wallace, the land developer who originated the request for said improvement, has informed the Council that an alternate drainage route has been negotiated with other parties, thereby making unnecessary the proposed storm drain as advertised by the City, and has withdrawn his request therefor. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that. all bids heretofore received by the City on July 8, 1968, for the construction of a storm drain on Crystal Spring Avenue and 29th Street, S. W., be, and the same are hereby REJECTED; the City Clerk to so notify all said bidders and express to each the City's appreciation of said bids. A P P ROVED ATTE ST: ?c ity Clerk Mayor 252 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1968. No. 18293. AN ORDINANCE establishing certain designated streets of the City as a truck route for the use of certain westbound motor trucks passing through the City; restricting the use of certain westbound motor trucks passing through the City to such truck route; prohibiting the use of Brandon Avenue, S. W., between Franklin Road and the west corporate limits, to the Use of motor trucks passing through the City; amending and modifying certain of the provisions of Ordinance No. 9885, to the extent of the provisions herein contained; and providing for an emergency. WHEREAS, the Council has been made aware, by the complaint of many resi- dents living on and in the area of Brandon Avenue, S. W., that the steadily increasing volume of truck traffic using Brandon Avenue as a means of access between U. S. Route 220, on Franklin Road, and U. S. Route 11, on Grandin Road and the westerly portion of Brandon Avenue, has become highly annoying, dangerous and other- wise objectionable in the residential areas located on and in the vicinity of Brandon Avenue; and the Council considers it necessary and proper to make certain changes and modifications of the provisions contained in Ordinance No. 9885, which, among other things, established as a truck route for east-west truck traffic that portion of Brandon Avenue, S. W., lying between Franklin Road and Grandin Avenue; an( WHEREAS, §46.1-181 of the 1950 Code of Virginia, as amended, authorizes governing bodies of counties, cities and towns to restrict the use of motor trucks passing through such cities or towns to such streets under their jurisdiction as may be designated by ordinance, whenever in their judgment conditions so require; and WHEREAS, for the immediate preservation of the public peace and safety an emergency is hereby set forth and declared to exist, so that this ordinance may take effect at the time hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That Franklin Road, S. W., from its intersection with Brandon Avenue S. W., to Reserve Avenue, S. W., Reserve Avenue, S. W., to Jefferson Street, Jeffers, Street from Reserve Avenue to 3rd Street, S. E., 3rd Street, S. E., to Elm Avenue, S. E., and, thence, on Elm Avenue, S. E., to Interstate Route 581, thence on Interstate Route 581 and Interstate Route 81, to its intersection with U. S. Routes 11 and 460, to the west, be and is hereby established as the truck route for all westbound motor trucks passing through the City from the south; 2. That the use of westbound motor trucks passing through the City be prohibited on all portions of Brandon Avenue, S. W.; and 3. That it shall be unlawful for the operator of any motor truck passing through the City, westbound, to operate said motor truck westerly on Brandon Avenue, S. W.; and any such person violating the provisions of this ordinance shall, upon conviction, be punished by fine of not less than five nor more than one hundred dn11~r~ 253 BE IT FURTHER ORDAINED that the City Clerk forthwith cause a copy of this ordinance to be published according to law; and BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect on and after the 21st day of August, 1968. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lqth day of August, 1968. No. 18294. AN ORDINANCE approving the City Manager's report to the Council of his arrangement for certain emergency repairs and improvements to the Municipal Incinerator refractory, without previously advertising for or receiving bids therefor; limiting the sum to be expended therefor; and providing for the emergency. WHEREAS, the City Manager did, at the Council meeting held on August 12, 1968, make report to the Council that, because of an emergency requiring immediate action, he had arranged with A. Lynn Thomas Company, Inc., of Richmond, Virginia, to make certain repairs and replacements to the walls, roofs, openings and arches of the Municipal Incinerator, now substantially inoperable because of unexpected failure of parts of the aforesaid portions of each of the two refractories in said incinerator, the arrangement entered into with the aforesaid Company being based upon the unit cost value of repairs found necessary to be made, as hereinafter set out; said City Manager reporting further that the emergency of the situation precluded and will preclude advertisement for bids for the aforesaid necessary repairs; and WHEREAS, there has heretofore been appropriated by the Council certain sums to be expended during the current fiscal year for the normal, anticipated repair of the said incinerator and the Council, considering the City Manager's report, concurs in the action taken by said City Manager in such emergency, and herein provides that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said Council approves and concurs in the City Manager's employment of A. Lynn Thomas Company, Inc., for the purpose of furnishing materials, labor, equipment and supervision necessary and sufficient to repair deteriorated sections of the furnaces and combustion chambers in the Municipal Incinerator, without previously advertising for or receiving bids therefor, all such repairs and improvements to be made on the following unit price cost to the City, namely: 25z For 18" thick solid firebrick walls, these being the division wall between ignition and primary chambers - approximately 340 sq. ft. @ $18.09 per sq. ft. For 13" walls, made up of firebrick 9" thick and insulation securely anchored to casing. This would cover other walls of ignition and primary chamber - approximately 340 sq. ft. @ $14.85 per sq. ft. For suspended roof and charging openings - approximately 180 sq. ft. @$17.22 per sq. ft. For arches, per foot of span - approximately 18 foot @ $32.50 per foot of span. Aforesaid prices not to include any metal work other than the furnishing of securements for the vertical 13" walls; and the aggregate cost of all of the aforesaid repairs not to exceed the total sum of $16,000.00. BE IT FURTHER ORDAINED that separate accounts be kept of all of the aforesaid work, the cost thereof to be paid out of funds heretofore appropriated for the purpose of the Municipal Incinerator, and that upon completion of such repairs, report thereof be made to the Council. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage and retroactive to the date of the aforesaid employment. APPROVED ATTE ST: .... ~City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lqth day of August, 1968. No. 18295. A RESOLUTION designating a name for the City's private roadway leading from Colonial Avenue, S. W., northwesterly between Fishburn Park Elementary School and Virginia Western Community College to the Blue Ridge ETV Association's studio and office site in Fishburn Park. WHEREAS, it has been proposed to the Council that it would be appropriate and in order that the Council recognize the public services of Mr. Samuel P. McNeil in the manner hereinafter set forth, Mr. McNeil having held position as a member of the Roanoke City School Board since July 1, 1965, and, while a member of such Board, with others, been largely responsible for the establishment of the educational television station and system now in operation and serving the public school system of this City and of other counties, cities and towns in the south- western section of the Commonwealth, Mr. McNeil being now the president and chief officer of the Blue Ridge ETV Association which, with this Council's approval, was organized for the purpose of providing public educational television facilities and services for all of such area; and WHEREAS, the City Planning Commission, to whom the proposal was heretofore referred by the Council, has advised the Council that said Commission, upon consideration of the proposal, deems the action hereinafter taken to be fitting. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that that certain private roadway extending from the northwest side of Colonial Avenue, S. W., in a northwesterly direction between Fishburn Park Elementary School and certain property of Virginia Western Community College, to the 5-acre parcel of land in Fishburn Park whereon the studio and office building of Blue Ridge ETV Association is located, be and is hereby named and designated "McNeil Road, S. W." in recognition of Mr. Sameul P. McNeil and of his services to the public, rendered as a member of the Roanoke City School Board and as an organizer of an, currently, president of the Blue Ridge ETV Association. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy of this resolution to the City Engineer, in order that the maps and plats on file in the office of said City Engineer may be marked in accordance with this resolution; and t~at another attested copy hereof be transmitted by said City Clerk to Mr. Sameul P. McNeil. A P P R 0 V E D ATTE ST: ' City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1968. No. 18296. A RESOLUTION changing the hour of a regular meeting of the. Council of the City of Roanoke to be held on Monday, September 2, 1968. WHEREAS, the Council deems it appropriate to coordinate the time of the regular meeting of the Council of the City of Roanoke to be held on September 2, 1968, with the time of the Council meeting required by Section 10 of the Roanoke Charter of 1952, as amended, to be held on the same day. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the regular meeting of the Council provided by Rule 1 of Section 2, Chapter 4, Title II of the Code of the City of Roanoke, 1956, to be held on September 2, 1968, at 2:00 o'clock, p.m., be, and is hereby changed so that said 'regular meeting be held, instead, at 3:00 o'clock, p.m., on the 2nd day of September, 1968, in the Council Chambers in the Municipal Building, simultaneously with the meeting required by Section 10 of the Roanoke Charter of 1952, as amended, to be held on said day. APPROVED ATTE ST: " : ~ ~ ~- ,~. ~,, ~- City Clerk M~v~r 255 '256 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 1968. No. 18297. A RESOLUTION appointing commissioners of the City of Roanoke Redevelopment and Housing Authority. WHEREAS, the present term of Mr. C. Fred Mangus as a commissioner of the City of Roanoke Redevelopment and Housing Authority expires on August 31, 1968; and WHEREAS, the powers of the aforesaid City of Roanoke Redevelopment and Housing Authority are presently vested in five such commissioners, that number of commissioners having been provided by general law at the time of the creation of said Authority; and WHEREAS, by recent amendment of the general law it is provided that the governing body shall appoint not more than seven nor less than five persons as commissioners of such Authority, and the Council, considering the matter, deems it necessary and expedient that provision be made that there be seven commissioners of said City of Roanoke Redevelopment and Housing Authority, with right reserved in the Council hereafter to increase or decrease the number of such commissioners as may be provided by law. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that from and after the first day of September, 1968, and until otherwise provided by the Council in accordance with law, the powers of the City of Roanoke Redevelopment and Housing Authority shall be vested in seven persons heretofore or hereafter appointed as commissioners of such Authority at the time or times and for the terms provided by law or by ordinance or resolution of this Council. BE IT FURTHER RESOLVED by the Council that C. Fred Mangus be, and is hereby reappointed a commissioner of said City of Roanoke Redevelopment and Housing Authority for a term of 4 years, commencing on the first day of September, 1968; and be it further RESOLVED by said Council that William E. Majors and ~/endell H. Butler be, and each is hereby appointed a commissioner of said City of Roanoke Redevelopment and Housing Authority for a term of 4 years, commencing on the first day of September, 1968; each aforesaid commissioner to hold office until his successor has been appointed and has qualified. APPROVED ATTE ST: r'~i ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1968. No. 18283. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheets Nos. 203 and 223, 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 bounded on the west by Tenth Street, N. W., on the south by Staunton Avenue and its extension easterly to Burrell Street, on the east by Burrell Street and on the north by Lick Run Creek or Branch as shown on Official Sheets Nos. 203 and 223 of the City Appraisal Map rezoned from RG-1, General Residential, and RD, Duplex Residential Uistricts, to RS-3, Single Family Residential District; and WHEREAS, the City Plannin9 Commission has recommended that the hereinaftel described land be rezoned from RG-1, General Residential, and RD, Duplex Residential Districts, to RS-3, Single Family Residential District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 19th day of August, 1968, 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, relatin9 to Zoning, and Sheets Nos. 203 and 223 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property bounded on the west by Tenth Street, N. W., on the south by Staunton Avenue and its extensi'on easterly to Burrell Street, on the east by Burrell Street and on the north by Lick Run Creek or Branch, designated on Sheets 203 and 223 of the Sectional 1966 Zone Map, City of Roanoke, be, and is hereby, changed from RG-1, General Residential, and RD, Duplex Residential. Districts, to RS-3, Single Family Residential District, and that Sheets Nos. 203 and 223 of the aforesaid map be changed in this respect. APPROVED ATTE ST: / City Clerk Mayor 258 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1968. No. 18285. AN ORDINANCE authorizing and permitting the encroachment, operation, maintenance, repair and replacement of a 7 foot concrete box tunnel housing heat, water, utility and electrical distribution systems and services, together with accessories thereto, in the northeasterly portion of Lake Street, S. E., adjacent to lands of Roanoke Hospital Association. WHEREAS, application has~ been made to the Council of the City of Roanoke for permission to maintain an encroachment on a portion of a public street as hereinafter described and the City Engineering Department having considered the proposal at the direction of Council has recommended that the encroachment be permitted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Roanoke Hospital Association, owner of land abutting both sides of the public street hereinafter described, be and it is hereby authorized and permitted to construct, operate, maintain, repair and replace a 7 foot concrete box tunnel housing heat, water, utility and electrical distribution systems and services, together with accessories thereto, as an encroachment in the northeasterly portion of Lake Street, S. E., described as follows: BEGINNING at Corner 3A, said corner being on the east line of Lake Street, S. E., and being S. io 27' E. 2.45 feet from Corner 3 as shown on plat recorded in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, in Deed Book 1206, page 577, which Corner 3 is shown as old Corner 3 on plat dated May 24, 1968; thence from Corner 3A and with said east line of Lake Street, S. E., S. 1o 27' E. 9.13 feet to Corner 3B; thence with a new line across the northeast corner of Lake Street, S. E., N. 51o 29' 30" W. 18.03 feet to Corner 3C on the south property line of Roanoke Hospi- tal Association; thence from Corner 3C and with above mentioned property line, N. 88o 33' E. 10.90 feet to Corner 3D, said corner being S. 88o 33' W. 2.93 feet from "01d Corner 3"; thence from Corner 3D and again across the northeast corner of Lake Street, S. E., S. 51o 29' 30" E. 3.81 feet to Corner 3A, the Place of BEGINNING and containing 76.0 sq. feet, more or less, and designated as Parcel D, and being shown on plat prepared by C. B. Malcolm g Son, dated May 24, 1968; said box tunnel to be located and constructed in accordance with plans therefor approved by the City Engineer; and said Roanoke Hospital Association to be bound and obligated, by acceptance of the terms of this Ordinance as evidenced by its execution of an attested copy hereof, to indemnify and save harmless the City of Roanoke from any and all damage or injury occasioned by the location or existence of said box tunnel within the aforesaid street right-of-way. BE IT FURTHER ORDAINED that all of the authority and permission herein contained is and shall be construed and held to be revocable with or without cause at any time by Ordinance or Resolution of the Council of the City of Roanoke. BE IT FURTHER ORDAINED that the provisions hereinabove contained shall be and become effective upon and after such time as an attested copy of this Ordinance shall have been duly executed and acknowledged by Roanoke Hospital Association, in duplicate, one executed copy whereof shall, have been recorded, at the expense of the aforesaid permittee, in the Clerk's Office of the Hustings Court of the City of Roanoke. APPROVED ATTE ST: / / , , ,; .. .... ..4( .:-t , ,: ..... 7City Clerk Mayor ATTE ST: Accepted this day of , 1968: ROANOKE HOSPITAL ASSOCIATION By¸ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1968. No. 18286. AN ORDINANCE authorizing the grant of a perpetual easement, upon certain conditions, to Roanoke Hospital Association for certain rights-of-way and easements over, under, through and across certain property of the City of Roanoke, within the old Mill Mountain Incline Railway right-of-way, for the construction, operation, repair, maintenance and replacement of certain underground heat, water, power, utility and electrical services and distribution systems. WHEREAS, a special committee of the Council heretofore appointed to confer with representatives of Roanoke Hospital Association to consider certain problems of said Association incident to its current building expansion program, reported to the Council in writing under date of May 11, 1967, making certain recommendations to the Council, including as recommendation (8) that appropriate easements should be granted by the City to said Association over and across the City's old Mill Mountain Incline Railway right-of-way for the purposes of the Association hereinafter mentioned; and WHEREAS, C. B. Malcolm g Son, the Association's civil engineers, have now definitely fixed and located on a plat dated May 2d, 1968, three separate rights-of- way across the Incline Railway right-of-way, being designated thereon as Parcels "A", "B" and "C", and there has been presented to the City a proposed deed of easement drawn by said Association's attorneys and approved as to form by the City Attorney, by which the City would grant and convey to said Association, upon certain express conditions and agreements, perpetual easements in the aforesaid three rights-of-way, the form of which said deed of easement has been presented to the Council for consideration, in all of which the Council concurs. 259 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and each is hereby authorized and empowered to execute on behalf of the City and to seal and attest, respectively, and thereafter acknowledg that certain ~deed of easement drawn under date of October 1, 1968, by which deed the City will grant to Roanoke Hospital Association, its successors and assigns, permanent rights-of-way and easements over, under, through and across the City's old Mill Mountain Incline Railway right-of-way situate in the City, as said three rights-of-way are more particularly shown, designated and described as Parcels "A", "B" and "C" on a certain plat prepared by C. B. Malcolm ~ Son, S. C. E.'s, dated May 24, 1968, attached thereto and made a part thereof, for said Association's construction, operation, repair, maintenance and replacement of certain underground heat, water, power, utility and electrical services and distribution systems, including lines, appliances and accessories, useful and necessary in connection therewith; said deed to contain express provision that the rights-of-way and easements hereinabove described shall be and remain expressly subordinate to any and all rights of the City of Roanoke and the public for the use of its land for public purposes, including but not limited to streets and ways, water lines, sewer and~drain lines, telephone and electric service lines and appliances and to all public utilities now or hereafter located in said land, and shall be subject, further, to the right of the City of Roanoke to approve location, installation and design of all facilities proposed to be located by the grantee in said hereinabove described rights-of-way and' easements, and subject, further, to the right of the City of Roanoke to require in its own discretion that any and all such facilities so installed by said grantee be relocated or removed should they at any time inter- fere with the City's use and enjoyment of its lands for public purposes, provided, however, that any such relocation or removal shall not be unreasonably required by the said City. APPROVED ATTE ST: / / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1968. No. 18298. A RESOLUTION relating to the Honorable Benton O. Dillard, Mayor WHEREAS, the Honorable Benton O. Dillard, Mayor of the City of Roanoke, upon the meeting of the Council set to be held on September 2nd, next following, will have completed a full term of office as Mayor of said City; and his fellow members on the Council desire to take formal action to recognize the services rendered by said member during his term as Mayor and during preceding terms as a member of said Council; and 261 WHEREAS, having been first elected to the Council for a four-year term commencing September 1, 1946, and having been elected by the Council on June 18, 1956, to fill a vacancy on the Council until August 31, 1956, and having, thereafter[i, been twice elected to membership on the Council for terms commencing September 1, 1956, expiring upon his assumption of the office of Mayor of the City of Roanoke on September 1, 1964, he has unselfishly devoted outstanding quantities of time and effort upon the public affairs of the City, employing much of his abilities in furtherance of large public improvement programs developed under the direction of the Council of which he is Mayor and member; and WHEREAS, his fellow members on the Council consider that great accom- plishments have been attained for the City during the aforesaid periods of time and, particularly, during the term of office of said Mayor, now expiring, and desir by this measure, to advise said Mayor of their sense of honor and privilege in having had membership on the Council of which he is Mayor during the period of such accomplishments. THEREFORE, BE IT RESOLVED by the fellow members of Mayor Benton O. Dillard on the Council of the City of Roanoke that they do, by this measure, make formal recognition of the outstanding services of the Honorable Benton O. Dillard, Mayor of said City for the four-year term of office commencing on September 1, 1964; and do express to said Mayor their pleasure in having served with him on the Council of said City during such term, o.r parts the'reof, and, further, do wish for him the continued success, joy and wellbeing to which his past efforts and contributions have so well entitled him. BE IT FURTHER RESOLVED that the Vice-Mayor be authorized to deliver to said Mayor an attested copy of this resolution. ATTE ST: C erk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1968. No. 18299. A RESOLUTION relating to the Honorable Roy R. Pollard, Senior. WHEREAS, upon the meeting of the Council set to be held on the second day of September, next following, the Honorable Roy R. Pollard, Senior, will have completed two full terms of office as an elected member of this Council and, prior to the occurrence of this event, his fellow members on the Council desire to take formal action recognizin9 the services of said member; and WHEREAS, Councilman Pollard, as such member and as a member of the numerous official committees to which he has been appointed, many of which he has 262 headed as chairman, has made outstanding contributions to the City and to this Council by devotion of his time and labors and by exercise of his sound business abilities towards making wise judgment on the many important matters coming before the Council and said committees, at all times working harmoniously and understand- ingly with his fellow Council members and being ever conscious of the best interest of the public, whom he has represented, and of the rights and interests of the individuals appearing before him, 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 Honor able Roy R. Pollard, Senior, on the Council of the City of Roanoke that they do, by this measure make formal recognition of the outstanding services of the Honorable Roy R. Pollard, Senior, as a member of the Council of said City for two full terms of office, commencing on September 1, 1960; and do express to said member their pleasure in having served in such capacity with him and, further, do wish for him the continued success, joy and well-being to which his past efforts and contributions have so well entitled him. BE IT FURTHER RESOLVED that the Mayor be authorized to deliver to said member an attested copy of this resolution. A P P R 0 V E D ATTEST: ~ /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1968. No. 18301. AN ORDINANCE to amend and reordain Section =27, "Juvenile Detention Home, of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: JUVENILE DETENTION HOME =27 Other Equipment (1) 42) ............................. $ 22.00 (1)100% reimbursable by Virginia Department of Welfare and Institutions (2) Net increase $22.00 2 6 3 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1968. No. 18304. A RESOLUTION expressing the Council's policy with reference to adminis- tration of certain provisions of Section 49 of the Comprehensive Zoning Ordinance - 1966, adopted August 29, 1966, as relates to applications for certificates of occupancy for nonconforming uses. WHEREAS, it has come to the attention of this Council that, despite the extensions of time provided for in Resolution No. 17283 and Resolution No. 17775, 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 have made application to the Zoning Administrato for a certificate of occupancy on or before January 1, 1968. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it is the sense of this body that any owner or occupant of property the present use of which was made nonconforming by the enactment on August 29, 1966, of the Comprehensive Zoning Ordinance - 1966, shall have until December 1, 1968, 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. APPROVED ATTE ST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1968. No. 18305. AN ORDINANCE repealing Ordinance No. 18252, granting to the Commonwealth of Virginia the right to purchase certain property of the City needed for the widenin, 264 and improvement of a portion of U. S. Route 220 (Franklin Road, S. W.), upon certain terms and conditions; and providing for an emergency. WHEREAS, the Council bein9 then advised that the Commonwealth of Virginia wanted and needed to purchase and acquire from the City, for a sum stated, two (2) parcels of land together with a temporary construction easement over said other land of the City needed for the proper improvement and widening of a portion of U. S. Route 220 (Franklin Road, S. W.), adopted on July 29, 1968, Ordinance No. 18252 9ranting to the Commonwealth the right to purchase said property upon the terms and conditions set out in said ordinance, and authorized the execution of a requisite purchase option and, later, an adequate deed of conveyance to said Commonwealth of Virginia; and WHEREAS, Ordinance No. 18252 not yet havin9 taken effect, Council is advised by the City Manager that the Commonwealth of Virginia may not, under existin9 laws and procedures, purchase and acquire from the City land which is owned by the City and is needed as additional right-of-way for the street or road proposed to be improved and widened as a part of the development of Highway Project 0220-128-103, RW-201, but that the City-owned land so needed for said new right-of- way may and should be set aside by the Council and dedicated for public use as a part of the City's public street system, to be employed and used in the development of the aforesaid Project; and WHERE~S, the Council being ready by other measure to set aside and dedicate the two parcels of land authorized by Ordinance No. 18252 to be sold and conveyed to the Commonwealth of Virginia, so that such land, upon its dedication for public street purposes, will be available for use by the Commonwealth of Virginia in the improvement of Route 220 (Franklin Road, S. W.), as a part of Project 0220-128-103, RW-201, and for the usual daily operation of the municipal government and for the immediate preservation of the public safety, said Council deems an emergency to exist so that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 18252, adopted on the 29th day of July, 1968, entitled "AN ORDINANCE granting to the Commonwealth of Virginia the right to purchase certain property of the City needed for the widening and improvement of a portion of U. S Route 220 (Franklin Road, S. W.), upon certain terms and conditions; authorizing the execution of a requisite purchase option; and authorizing and directing the execution, on behalf of the City, of an adequate deed of conveyance to the Commonwealth upon later exercise of such purchase option", be, and Ordinance No. 18252 is hereby REPEALED. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTE ST: /~ity Clerk Mayor 2S5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of August, 1968. No. 18306. AN ORDINANCE dedicating for public street purposes and uses certain property owned by the City, necessary for the widening and improvement of Franklin Road, S. W., a portion of U. S. Route 220, in the City, to be ac~mplished under Highway Project 0220-128-103, RW-201; and providing for an emergency. WHEREAS, the City of Roanoke is the fee simple owner of certain land in the City abutting on the east side of Franklin Road, S. W., known as South Roanoke Park and, also, is the owner of another small parcel of land situate in said City on the northeasterly side of McClanahan Street, S. W., southeasterly from Franklin Road, a portion of the former and all of the latter of which said property is needed for the widening and improvement of U. S. Route 220, (Franklin Road, S. W. the needed portions of said property being designated as Parcel Nos. 001 and 010 on the plans for Highway Project 0220-128-103, RW-201; and, in order to fulfill and carry out the City's commitment and intent expressed to the Virginia Department of Highways and to make possible the improvement and widening of Franklin Road, S. W., under the aforesaid project, the Council now desires to dedicate and set aside the hereinafter described strips or parcels of land for public street purposes and uses; and WHEREAS, the widening of Franklin Road, S. W., and the construction of a new connection therefrom to McClanahan Street, S. W., has been approved and recommended to the Council by the City Planning Commission; 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 there be and is hereby dedicated and set aside for public street pmposes and use as a part of the public streets of said City and, more particularly, as a part of Frank- lin Road, S. W. (U. S. Route 220), and for a connection therefrom to McClanahan Street, S. W., the followin9 described strips or parcels of land, one parcel of which abuts the present east line of Franklin Road, S. W., and the other being situate on the northeasterly side of McClanahan Street, S. W., southeasterly from Franklin Road, both said parcels being situate in the City of Roanoke, and being more particularly described as follows, viz: PARCEL "A" - No. OO1 BEING those two (2) certain strips or parcels of land situate on the present southeasterly side of U. S. Route 220 (Franklin Road, S. W.), between Wiley Drive and Edinburgh Street, S. W., and between points opposite approxi- mate centerline stations 5~58 and 7~93 and between points opposite centerline stations 8~62 and 9~09, including connections with Wiley Drive and Edinburgh Street, containing in the aggregate 4,525 square feet of land, more or less, as shown on the plans for Project 0220-128-103, RW-201, prepared by the Department of Highways, Commonwealth of Virginia; and being a part of the same land acquired by the City of Roanoke by the following instruments, namely: 266 (a) Deed from Junius B. Fishburn, et ux, to City of Roanoke, dated December 16, 1935, recorded in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia, in Deed Book 609, page 262; and (b) Deed from Crystal Spring Land Company to City of Roanoke, dated December 16, 1935, recorded in the aforesaid Clerk's Office in Deed Book 609, page 259, where- in said property is described as a part of the land conveyed as Parcel No. 2 in s aid deed; a.n.d. PARCEL "B" - No. O10 BEING that certain lot or parcel of land situate on the northeasterly side of McClanahan Street, S. W., southeasterly of Franklin Road, S. W., and on the south side of Old Road between points opposite approximate stations 10279 and 11260, containing 3,600 square feet, more or less, as shown on the aforesaid plans for Project 0220-128-103, RW-201; and being the same land acquired by the City of Roanoke from Crystal Spring Land Company, et al, by deed dated May 10, 1937, recorded in the aforesaid Clerk's Office in Deed Book 623, page 285. BE IT FURTHER ORDAINED that the Commonwealth of Virginia, its agents, officials and duly authorized contractors, shall have and are hereby given the right and privilege in carrying out the construction of Highway Project No. 0220-128-103, RW-201, to enter and go upon a strip of land in South Roanoke Park containing approximately 2,550 square feet of the residue land of the City adjoining Parcel "A" - No. 001, herein above described, as said strip of land is shown on the aforesaid plans of Project 0220-128-103, RW-201, and to construct thereon such cut and/or fill slopes as are necessary for the proper construction of the aforesaid highway project, and as shown on the aforesaid plans, such right tO terminate and expire at such time as the aforesaid State Highway Project shall have been completed by said Commonwealth or at such time as the City shall have graded or filled its land adjoining said street right-of-way so that there no longer exists the necessity for maintaining such slopes. BE IT FURTHER ORDAINED that the City Engineer do cause an accurate plat or plats to be prepared showing thereon the areas of land hereby dedicated to public street purposes and uses, and the new street lines hereby established, copies of said plat or plats to be thereafter maintained on file in the Office of said City Engineer and in the Office of the City Clerk, one copy of which, together with an attested copy of this ordinance, said City Clerk shall cause to be admitted to recor, in the Clerk'~ Office of the Hustings Court of the City of Roanoke; and that said street lines be otherwise noted on other official maps and plats on file in said City Engineer's office. BE IT FURTHER ORDAINED that the City Clerk to transmit' to the Virginia Department of Highways, through appropriate channels, an attested copy of this ordinance; and BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1968. No. 18300. 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 Lots 25 and 26, Map of Viewmont Land Company, located on the north side of Melrose Avenue, N. W., between Viewmont Street and Country Club Drive, Official Tax No. 2660515, rezoned from C-i, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafte described land be rezoned from C-i, Office and Institutional District, to C-O, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV', of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 19th day of August, 1968, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 266 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on Melrose Avenue, N. W., between Viewmont Street and Country Club Drive, being Lots 25 and 26, Map of Viewmont Land Company, Official Tax No. 2660515, designated on Sheet No. 266 of the Sectional 1966 Zone Map, City of Roanoke, be, and is hereby, changed from C-I, Office and Institutional District, to C-2, General Commercial District, and that Sheet No. 266 of the aforesaid map be changed in this respect. AT TE ST: ~ity Clerk APPROVED Mayor 267 '268 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1968. No. 18302. AN ORDINANCE providing for the lease of City Market Stalls Nos. 26 and 28 to Ralph K. Bowles and Elizabeth T. Bowles, husband and wife, t/a Bowles Bake Shop, for a term of ten (10) years upon certain terms and conditions. WHEREAS, the City has recently awarded a contract for the alteration and remodeling of certain stalls in the City Market Building to better suit the convenience of the tenants of said stalls, hereinafter named; and said tenants have requested and offered to enter into a lease of said stalls for a term of ten (10) years commencing as of the first day of August, 1968, upon the terms, condition and provisions hereinafter provided and to be set out in a written lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk, acting for and on behalf of the City, be and are hereby authorized and empowered to enter into and execute a written lease between the City of Roanoke, as owner and landlord, and Ralph K. Bowles and Elizabeth T. Bowles, husband and wife, t/a Bowles Bake Shop, as tenants, leasing to said tenants Stalls Nos. 26 and 28 in the City Market Building, in the City of Roanoke, for a term of ten (10) years, commencing as of the first day of August, 1968, said lease to provide for the payment to the City by said tenants of a monthly rental of $150.00, payable monthly, in advance, to the City and to be upon such general form as is currently used by the City in the lease of its market stalls, but to provide especially for the following: (a) That the City wil furnish heat, light and water services to its said tenants, but will not furnish nor be responsible for the cost of electricity other than that required to suppiy light in the leased premises; (b) That the lease shall not be assignable by the tenants nor shall any space in said stalls be sublet without the consent in w~iting of the City; (c) That should any major alteration, remodeling, renovation or removal of the City Market Building, involving or affecting the leased premises be ordered or approved by the City Council during any part of the term of the aforesaid lease, the City reserves and shall have the right to cancel and terminate said lease and any unexpired part thereof upon one year's prior notice in writing given to said tenants, or any one or more of them, or left upon the leased premises, of the City's intent to so cancel and terminate said lease; and (d) That at the end of the term of the lease the tenants shall have the option to renew for an additional term of ten (10) years following the expiratio of the original term of this lease, provided, however, that the monthly rental to be paid by the tenants during any such term of renewal or extension of this lease shall be such amount as is, in the sole discretion of the Council of the City of Roanoke, proper to be received by the City during such additional term, and no such option for renewal shall be deemed to have been exercised unless and until said Council of the City of Roanoke shall have fixed, by ordinance of said Council, the 269 ATTE ST: ,/City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1968. No. 18303. AN ORDINANCE dedicating certain public property for public park and recreational use; and providing for the inclusion of said property within the City's existing Norwich Community Park. WHEREAS, the City has recently acquired certain lands hereinafter mentioned lying in the Norwich Section of the City, adjacent to the present westerly limits of Norwich Community Park, said lands having been acquired by purchase from The Optimist Club of Roanoke, Virginia; and WHEREAS, the Council being conscious of the need and propriety for additional recreational areas in the section of said City wherein said land is situate, deems the entire parcel of said land suitable for the purposes of a public park and recreational area. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that there is hereby dedicated for use as a public park and for public recreational purposes all those certain lots or parcels of land lying on the easterly side of Rolfe Street, between Buford Avenue and Roanoke Avenue, S. W., adjacent to the westerly limits of Norwich Community Park, said lands containing, in the aggregate, 0.459 acre, more or less, and being the same lands recently conveyed to the City by The Optimist Club of Roanoke, Virginia. BE IT FURTHER ORDAINED that the property hereinabove dedicated for public park and recreational purposes and use shall be incorporated in and made a part of Norwich Community Park. AP P ROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1968. No. 18307. A RESOLUTION declarin9 James O. Trout to be the Vice-Mayor of the City of Roanoke. 270 WHEREAS, James O. Trout received the largest number of votes of any candidate running for Council in the regular Councilmanic election held on the second Tuesday of June, 1968. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, in accordance with Section 4 of the Charter of the City of Roanoke, as amended, James O. Trout be, and he is hereby declared to be the duly elected Vice-Mayor of the City of Roanoke for a term commencing on the 1st day of September, 1968, and continuing for a period of four years or until his successor shall have been elected and qualified. APPROVED ATTE ST: ~City Clerk-~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1968. No. 18308. AN ORDINANCE accepting the proposal of International Business Machines Corporation for furnishing a certain digital computer and related equipment to the City; authorizing the proper City Officials to execute the requisite lease for part of said equipment; authorizing the issuance of purchase orders for certain items of said equipment; rejecting certain other bids; and providing for an emergency. WHEREAS, at the meeting of the Council held on August 19, 1968, and after due and proper advertisement therefor, three (3) bids were received by the City for the supply of a digital computer and related equipment, all of which said bids were opened and read before the Council and thereafter referred to a committee for study, tabulation and report; and WHEREAS, said committee has recommended in writing to the Council the acceptance of the bid hereinafter mentioned, it being the lowest and best bid received by the City, and being the only one meeting all of the City's specification and requirements made for said equipment, and funds sufficient for the payment of the sums hereinafter authorized having heretofore been appropriated by the Council 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 as follows: 1. That the proposal of International Business Machines Corporation to lease to the City, in full accordance with the City specifications made therefor 271 (a) Machine one (1) IBM 2025 (b) one (1) IBM 1052 7 (c) one (1) IBM 2540 1 (d) one (1) IBM 1403 2 (e) one (1) IBM 2311 1 (f) one (1) IBM 2311 1 (g) one (1) IBM 2311 1 Model DC(24K) Feature 4595 459O 4598 4440 589O Description Central Processing Unit Card Read Punch Attach. Printer Attachment Disk Attachment 1400 Comparability Printer Keyboard Card Read Punch Punch Feed Read Printer (600 lpm) Disk Drive Disk Drive Disk Drive Monthly Rental $2,010 275 45O 37O 100 65 680 25 775 59O 590 59O for a total monthly rental to said Corporation of $6,520, until June 30, 1969, thereafter such monthly rental to remain the same during each succeeding fiscal year unless changed by the bidder as of the commencement of any fiscal year after three months' prior written notice to the City, the City reserving the right to discontinue the rental of any machine or terminate said agreement on the effective date of any such change; provided, that when a machine is used by more than one shift of machine operating personnel, an extra charge for each hour of use by such extra shifts shall be made at the rate of 1/176th of 50% of the monthly availability charges, be, and said bid is hereby ACCEPTED; and the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the following two (2) documents; (1) a requisite written lease agreement, written for a term of one year, effective on or before the 15th day of March, 1969, or as of the date of installation of the computer complex, should such occur first, and thereafter from month to month, unles terminated by either party on three months' prior notice, the terms of which shall incorporate the provisions of this ordinance and the City's specifications on which such bid was made and the form of which shall be approved by the City Attorney; said lease to contain provision for payment of travel expenses of IBM's Customer Engineers, when the services of such engineers are required, if and when the distance from the IBM's nearest branch office or resident location ever exceeds fifteen miles from the location of the City's leased computer equipment; (2) the requisite Systems Supplement to Agreement for IBM Machine Service, encom- passing provision for possible billing for overtime use of the leased equipment. 2. That the further proposal of International Business Machines Corpora- tion to furnish, sell and deliver to the City, f.o.b, factory, in full accordance with the City's specifications made therefor and with said bidder's proposal: Machine Model No. Description Purchase Price (a) one (1) IBM 029 C22 Card Punch $5,725.00 (b) one (1) IBM 085 1 Collator $6,750.00, be, and said proposal is hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and directed to issue the requisite purchase orders to the 272 successful bidder in accordance with the aforesaid proposal, the City's specifica- tions made for the supply of said machines and the provisions of this ordinance, and said Purchasing Agent is further authorized to execute the requisite Agreement for Purchase of said machines required by the successful bidder. BE IT FURTHER ORDAINED that all other bids made to the City for the supply of the aforesaid equipment, or parts thereof, be, and said other bid-s are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of said bids. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall 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 2nd day of September, 1968. No. 18309. AN ORDINANCE amending Ordinance No. 18223 heretofore adopted on June 27, 1968, providing a System of Pay Rates and Ranges and a new Pay Plan, by adding to said Pay Plan Code Position 5112, Probation Supervisor; 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 employment be incorporated into the list of classified employees of the City; and the Council having concurred in said recommendation; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 18223, heretofore adopted on the 27th day of June, 1968, 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: Code 5112 Probation Super- visor By adding to said Pay Plan the following position of employment: Work Range Steps in Monthly Amounts Classification Week No. 1 2 3 4 5 6 40 22 $582 $610 $642 $674 $710 $744 BE IT FURTHER ORDAINED that, an emergency existing, the provisions of this ordinance shall be in force and effect upon its passage. APPROVED ATTE ST: City Clerk Mayor 273 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1968. No. 18310. A RESOLUTION authorizing the City Manager to approve a metered water connection to certain premises located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, the owner of the property hereinafter described located outside the corporate limits of the City, abutting on an existing water main of the City, has made application to the City to have the premises connected to the City's water distribution system; and WHEREAS, the City Manager has investigated the application and, in view of the provisions of Resolution No. 16855 of the Council, has referred said application to the Council for consideration, recommending that said water connection be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, a metered connection to the City's public water distribution system located in the street on which the property abuts, of the premises at 1488 Peters Creek Road, N. W., located mainly outside the corporate limits, such connection to be made in full compliance with the provisions established for such connections in Rule 38 of the Rules 'and Regulations for the operation of the City's Water Department, and said water services to be hereafter supplied by the City in accordance with its general rules and regulations and at such rates and charges as are generally provided in such instances for consumers of water outside the corporate limits. BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by the Council in its Resolution No. 16855. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1968. No. 18311. AN ORDINANCE amending Ordinance No. 18223, heretofore adopted on June 27, 1968, providing a System of Pay Rates and Ranges and a new Pay Plan, by changing the pay range and rates of Code Positions 6001 and 6003, School Library Clerk and School Secretary - Library Clerk, respectively, as provided for therein; and providin 274 WHEREAS, the City Manager having recommended to the Council the changes to the City's Pay Plan hereinafter authorized to be made and the Council having concurred in said City Manager's recommendation; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist so that this ordinance take effect at the time hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 18223, heretofore adopted on the 27th day of June, 1968, 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 particulars, viz: By changing the pay range and rates for Code Position 6001 - School Library Clerk, and Code Position 6003 - School Secretary - Library Clerk, so as to provide for the following pay ranges and rates: Work Range Code Classification Week No. bO01 School Library 40 10 Clerk 6OO3 St~p.s in Monthly Amounts 1 2 3 4 5 6 $320 $336 $352 $372 $390 $410 School Secretary - Library Clerk 40 10 $320 $336 $352 $372 $390 $410 BE IT FURTHER ORDAINED that, an emergency existing, the provisions of this ordinance shall be in force and effect as of September 1, 1968. APPROVED ATTE ST i Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1968. No. 18312. AN ORDINANCE to amend and reordain Section =2000, "Public Schools - Instruc tion," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~2000, "Public Schools - Instruction," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PUBLIC SCHOOLS - INSTRUCTION ~2000 Personal Services (1) .......................... .... $8,376,161.00 (1) Net increase $5,136.00 275 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: ffCity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1968. No. 18313. AN ORDINANCE to amend and reordain Rule 7. in Sec. 5. Rules and Regula- tions, of Chapter 1, Title XII of the Code of the City of Roanoke, 1956, as amended, relating to service connection and/or meter installation charges to be paid by consumers of the City's public water system; providin9 the effective date of this ordinance; and providing for an emergency. WHEREAS, the City Manager, pointin9 to the fact that the City's existin9 schedule of service connection and meter installation charges provided by ordinance to be made and collected for new connections to the City's water distribution system are based upon outdated cost figures established in prior years, has recommended that all such charges should be changed as hereinafter provided; and WHEREAS, the Council is further advised that for the proper and efficient daily operation of the Water Department, provision should be made by the Council that this ordinance take effect upon its passage, so that the system of charges herein established be effective immediately; and WHEREAS, for all of the aforesaid the Council deems an emergency to exist as hereinabove set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Rule 7. in Sec. 5. Rules and Regulations, Chapter 1, Title XII of the Code of the City of Roanoke, 1956, as amended, be, and said Rule 7. is hereby amended and reordained to read and provide as follows: Rule 7. The service connection and/or meter installation charge to be paid by each applicant prior to such installation shall be in accordance with the following schedule: Service Servic'e Meter Size Connection Size Meter Inches Charge Inches Charge 3/4 $ 90.00 5/8 $ 35.00 3/4 90.00 3/4 45.00 1 120.00 1 70.00 1-1/2 315.00 1-1/2 135.00 2 450.00 2 220.00 276 Service Service Meter Size Connection Size Meter Inches Charge Inches Charge 3 $ 750.00 4 770.00 6 830.00 8 1,000.00 10 1,250.00 3 $ 565.00 4 940.00 6 1,870.00 8 2,810.00 10 4,000.00 Fire Service Meter 6 415.00 8 665.00 10 1,400.00 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED ATTE ST: gity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1968. No. 18314. AN ORDINANCE to amend and reordain Part C., of Sec. 6, Chapter 1, Title XII of the Code of the City of Roanoke, 1956, as amended, relating to minimum monthly charges for water service certified for exclusive fire protection, to be paid by consumers of the City's public water system; providing the effective date of this ordinance; and providing for an emergency. WHEREAS, the City Manager, pointing to the fact that the City's existing schedule of monthly charges provided by ordinance to be made and collected for water service certified for exclusive fire protection from the City's water distribution system make no provision for that supplied through lO-inch fire service meters and connections, has recommended that a charge should be established for such service; and WHEREAS, the Council is further advised that for the proper and efficient daily operation of the Water Department, provision should be made by the Council that this ordinance take effect upon its passage, so that the system of charges herein established be effective immediately; and WHEREAS, for all of the aforesaid reasons, the Council deems an emergency to exist as hereinabove set forth. 277 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Part C., of Sec. 6. Rates and Charges, Chapter 1, Title XII of the Code of the City of Roanoke, 1956, as amended, fixing minimum monthly charges for water service certified for exclusive use for fire protection, be, and said Part C. is hereby amended and reordained to read and provide as follows: Part C. Minimum monthly charge for service certified for exclusive use of fire protection: d" Meter . $3.00 6" Meter . . . 3.75 8" Meter . . . 5.00 10" Meter ...... 7.50 Maximum allowance under minimum charge, 200 cubic feet per month. Quantities in excess of 200 cubic feet per month, same rates as excess rates under Parts A and B, above, as applicable to all metered services. 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 September, 1968. No. 18316. AN ORDINANCE to amend and reordain certain sections of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1968-69 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - MANPOWER DEVELOPMENT AND TRAINING ACT :*21000 Personal Services (1) * ............................ $ 29,629.85 Supplies (2) * ...................................... 8,769.07 Equipment (3) * 355.14 Maintenance and Repair (4) * ........................ 1,200.00 Fixed Charges (5) * . ................................ d,916.58 Other Costs (6) * ................................... 4,198.75 SCHOOLS - PROJECT ACT ~45000 Personal Services * ................................. $120 213 O0 Supplies * .......................................... Health Services * ................................... Travel * Operation'~ .......................................... Fixed Charges * ..................................... Equipment * ......................................... 4 3d9 O0 3 800 O0 1 080 O0 2 450 O0 dl 787 O0 3 700 O0 278 SCHOOLS - PROJECT SECOND STEP ~46000 Personal Services * Supplies * .......................................... Health Services * ................................... Travel * Fixed Charges * . .................................... Equipment * ......................................... $226,708 O0 14,500 O0 4,000 O0 1,970 O0 14,646 O0 8,100 O0 SCHOOLS - ADULT BASIC EDUCATION ~:47000 Personal Services ** ................................ Supplies ** ......................................... Travel ** In-Service Training ** . ............................. Fixed Charges ** . ................................... Other Related Expenses ** ........................... $ 6,843 O0 595 O0 8O O0 200 O0 332 O0 50 O0 (1) Net increase (2) Net increase (3) Net increase (4) Net increase (5) Net increase (6) Net increase $18,621 O0 2,944 O0 171 O0 900 O0 2,064 O0 439 O0 * 100% reimbursed by federal funds ** 90% reimbursed by federal funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: '~t--'~' ~(~)./ ' .~ .~.-~ ~ ,) City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of September, 1968. No. 18317. AN ORDINANCE authorizing and directing the Mayor of the City of Roanoke and the City Clerk, for and on behalf of the City of Roanoke, Virginia, to enter into and execute a Supplemental Agreement with the City of Roanoke Redevelopment and Hous- ing Authority carrying into effect the Redevelopment Plan for the City of Roanoke designated "Redevelopment Plan for Commonwealth Redevelopment Project, UR VA. 7-1"; and providing for an emergency; and WHEREAS, by Resolution No. 17926, adopted by the Council of the City of Roanoke on January 2, 1968, the Council of the City of Roanoke approved the Redevelop. merit Plan prepared by the City of Roanoke Redevelopment and Housing Authority for the area in the northeast section of the City of Roanoke and designated as the "Redevelopment Plan for Commonwealth Redevelopment Project, UR VA. 7-1"; and WHEREAS, the Council of the City of Roanoke is desirous of assisting and cooperating with said Authority in carrying said Plan into effect and, accordingly, to enter into a Supplemental Agreement with said Authority for that purpose; and 279 WHEREAS, such a Supplemental Agreement has been prepared, dated the 9th day of September, 1968, and exhibited to the Council, a copy of which is on file in the office of the City Clerk, the effect of which said agreement is to increase the .City's obligation as to its one-third share of the net cost of said Project from $1,025,850.00 to the sum of $1,896,240.00; and which enumerates and describes the adjustments and additions in local grants-in-aid applicable to said Project, and fixes the credit or estimated credit applicable to each said item, all of which said credits or estimated credits aggregate the total sum of $3,370,855.31; and WHEREAS, for the usual daily operation of the Municipal Government an emergency is hereby set forth and declared to exist in order that this Ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That in order to carry into effect the Redevelopment Plan prepared by the City of Roanoke Redevelopment and Housing Authority, designated "Redevelopment Plan for Commonwealth Redevelopment Project, UR VA. 7-1", this Council doth hereby approve that certain written Supplemental Agreement between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority, drawn under date of September 9, 1968, a copy of which is on file in the office of the City Clerk, the effect of which is to supplement and amend that certain agreement heretofore entered into between sai parties under date of June 8, 1955, and to increase the City's obligation as to its one-third share of net cost of said Project from $1,025,850.00 to the sum of $1,896.240.00; and which enumerates and describes the adjustments and additions in local grants-in-aid applicable to said Project, and fixes the credit or estimated credit applicable to each said item, all of which said credits or estimated credits aggregate the total sum of $3,370,855.31. 2. That the Mayor of the City of Roanoke is hereby directed to execute said Supplemental Agreement and the City Clerk is also directed to affix the Seal of the City thereto and attest same, for and on behalf of the City of Roanoke, and that the same, upon such action by said Mayor of the City of Roanoke and City Clerk, be the Supplemental Agreement between the City of Roanoke and the City of Roanoke Redevelop- ment and Housing Authority. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance be in force and effect upon its passage. ATTE ST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of September, 1968. No. 18318. 280 WHEREAS, the owner of certain property hereinafter described located outsid the corporate limits of the City, abutting on an existing water main of the City, has made application to the City to have the premises connected to the City's water system; and WHEREAS, the City Manager has investigated the application and, in view of the provisions of Resolution No. 16855 of the Council, has referred said application to the Council for consideration, recommending that said water connection be .approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, a metered connection to the City's 8-inch water distribution system located in the street on which the property abuts outside the City's corporate limits, of the premises located at 1506 Peters Creek Road, N. W., being a portion of Lot 14 and the southerly one-half of Wilson Road, now vacated, as shown on the Map of Old Garst Dairy Farm, such connection to be made in full compliance with the provisions established for such connections in Rule 38 of the Rules and Regulations for the operation of the City's Water Department, and said water services to be hereafter supplied by the City in accordance with its general rules and regulations and at such rates and charges as are generally provided in such instances. BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by the Council in its Resolution No. 16855. ATTE ST: \ /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The qth day of September, 1968. No. 18319. AN ORDINANCE to amend and reordain Section =64, "Maintenance of City Property," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 =64, "Maintenance of City Property," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MAINTENANCE OF CITY PROPERTY =64 Maintenance of Buildings and Property (1) ............... $241,591.00 (1) Refuse Collection and Disposal $42,716.00 Repairs to incinerator - $39,841.00 281 BE IT FURTHER ORDAINED that, an emergency existi, ng, 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 September, 1968. No. 18320. AN ORDINANCE providing for the purchase and acquisition of one new three to four-ton cab and chassis, complete with street flusher unit, for use of the City's Street Cleaning Department, upon certain terms and provisions; rejectin9 certain bids made to the City; and providing for an emergency. WHEREAS, at the Council's meeting held August 26, 1968, and after proper advertisement had been made therefor, three (3) bids for the sale and delivery to the City of the equipment 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 tabula- tion of all said bids and further reported that the equipment hereinafter authorized to be purchased is the least expensive of such equipment which meets or exceeds all of the City's specifications made and required for such equipment, considering the trade-in allowance offered the City for its old equipment; and sufficient funds have been or are bein9 appropriated to provide for payment of the equipment hereinafter authorized to be purchased; and 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 passa9 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of The Tidy Corporation, of Lynchburg, Virginia, to furnish, sell and deliver to the City, f.o.b., Roanoke, Virginia, one 1969 GMC Model TM-7700A cab and chassis, complete with a Rosco Model MTA (3) 2500 gallon street flusher, meeting or exceeding the City's specifications made for said equipment, for a net purchase price of $12,440.00, cash, less 1% for payment within ten days, including trade-in by the City of its 1968 Model Chevrolet 3 1/2 ton truck with flusher, No. PlOE58W106271, to be traded and delivered to said bidder, be, and said proposal is hereby ACCEPTED; and the City's Purchasin9 Agent is hereby authorized and directed to issue to The Tidy Corporation the City's purchase order for the aforesaid mw equipment, incorporatin9 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 282 the City and said City's acceptance of said new equipment, the proper City officials shall be and are hereby authorized to make payment to said supplier of the net sum of $12,440.00, less 1% if paid within ten days from date of delivery, and to transfer and deliver to said supplier the City's old, used, truck and flusher, offered as trade-in on said new purchase. BE IT FURTHER ORDAINED that the other two (2) 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 each said other bidder and, in so doing, express to each the City's appreciation of their respective bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTE ST: /'City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of September, 1968. No. 18321. AN ORDINANCE to amend and reordain Section ~20, "Municipal Court," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~20, "Municipal Court," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL COURT ~20 Personal Services (1) ................................. $ 99,133.00 (1) Net increase $9,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: ~,_ C~. / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1968. No. 18315. 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. 102, 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 south side of Albemarle Avenue, S. W., described as part of Lot 8, Block 24, Lewis Addition, Official Tax No. 1022910, rezoned from RG-2, General Residential District, to C-I, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RG-2, General Residential District, to C-l, Office ant Institutional District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 9th day of September, 1968, 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. 102 of the Sectional 1966 Zone Map, City of Roanoke be amended in the following particular and no other, viz.: Property located at 350 Albemarle Avenue, S. ~., Roanoke, Virginia, desig- nated on Sheet 102 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1022910, be, and is hereby, changed from RG-2, General Residential District, to C-l, Office and Institutional District, and that Sheet No. 102 of the aforesaid map be changed in this respect. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1968. No. 18322. AN ORDINANCE to amend and reordain Section ~69, "Refuse Collection and Disposal," of the 1968-69 Appropriation Ordinance, and providing for an emergency. 283 284 WHEREAS, for the usual daily operation of the Municipal Government 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 g69, "Refuse Collection and Disposal," of the 1968-69 Appropriation Ordinance, be, an the same is hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION AND DISPOSAL ~69 Rentals (1) .............................................. $ 600.00 Supplies and Materials - Construction (2) ................ 9,400.00 (1) Net increase-- $600.00 (2) Net decrease ...... 600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1968. No. 18323. A RESOLUTION authorizing and directing that Gary E. Moorfield and Carl L. Roberts, injured members of the Fire Department, be paid their regular salaries for certain additional periods of time subsequent to their respective injuries. WHEREAS, Gary E. Moorfield, a member of the Fire Department, injured in line of duty on July 19, 1968, has not returned to duty on account of said injury, and the City Manager has recommended that authorization be given for temporarily continuing payment of the regular salary to said employee; and WHEREAS, Carl L. Roberts, another member of the Fire Department, injured in line of duty on July 14, 1968, has not returned to duty on account of said injury, and the City Manager has recommended that authorization be given for temporarily continuing payment of the regular salary to said employee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Gary E Moorfield and Carl L. Roberts, members of the Fire Department injured in line of duty on July 19, 1968 and July 14, 1968, respectively, be paid their regular salaries for additional periods not exceeding sixty (60) days, commencing as of September lq, 1968 and September 14, 1968, respectively. ATTE ST: ~i-//'~6'i ' '""Clerk~'/ APPROVED Mayor II 285 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1968. No. 18325. A RESOLUTION fixing prices at which reproductions of a Map of the City of Roanoke, dated January 1, 1967, shall be sold and, to that extent, amending Resoluti No. 17493 approving and authorizing reproduction of said map. WHEREAS, the City Manager has recommended to the Council a reduction in the prices heretofore fixed by the Council to be used in the sale of reduced-scale sizes of the official Map of the City of Roanoke, dated January 1, 1967, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to cause the remaining stocks of reduce scale sizes of the official Map of the City of Roanoke, dated January 1, 1967, to be offered for sale to persons desiring the same at the following cash prices, viz: For the 38 x 48" size reproduction .............. $1.75 each, For the 21 x 30" size reproduction ............... 25 each. BE IT FURTHER RESOLVED that Resolution No, 17493 approving and authorizing reproduction of a Map of the City of Roanoke, dated January 1, 1967, be, and said resolution is hereby amended to the extent hereinabove provided, to take effect September 20, 1968. AT TE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1968. No. 18326. AN ORDINANCE to amend and reordain Section g77, "Civic Center," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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, =77, "Civic Center," of the 1968-69 Appropriatfon Ordinance, be and the same is hereby, amended and reordained to read as follows, in part: CIVIC CENTER =77 Utilities (1) ......................................... $ 1,500.00 (1) Net increase $ 1,500.00 286 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, lq68. No. 18327. AN ORDINANCE providing for the purchase and acquisition of one new rubber- tired industrial tractor, complete with front end loader, backhoe and cab, for use of the City's ;qater Department, upon certain terms and provisions; rejecting certain bids made to the City; and providing for an emergency. ~qHEREAS, at the Council's meeting held August 26, 1968, and after proper advertisement had been made therefor, three (3) bids for the sale and delivery to the City of the vehicle and related equipment 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 ~qHEREAS, said committee has reported in writing to the Council its tabulati of all said bids an'd 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 City's specifications made and required for such equipment; and sufficient funds have been or are being appropriated or transferred to provide for payment of the equipment hereinafter authorized to be purchased; and ~qHEREAS, for the usual daily operation of the City's Iqater Department an emergency is deemed to exist in order that this ordinance take effect upon its passag THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Seibel Brothers, Incorporated, to furnish, sell and deliver to the City one new rubber-tired industrial-type Massey-Ferguson Model 302D diesel-powered tractor, complete with a Model 300 front end loader and a Model 222 backhoe, meeting fully the City's specifications made for said equipment, for a gross purchase price of $9,145.60 f.o.b., Roanoke, Virginia, be, and said proposal is hereby ACCEPTED; and. the City's Purchasing Agent is hereby authorized and directed to issue to Seibel Brothers, Incorporated, the City's purchase order for the aforesaid new equipment, incorporating into said purchase order the City's aforesaid specifications, said bid- der'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 prope City officials shall be and are hereby authorized to make payment to said supplier ofl sum to ep rtmen . II BE IT FURTHER ORDAINED that the other two (2) bids made to the City for th supply and delivery of other similar equipment be, and said bids are hereby REJECTED and the City Clerk shall so notify each said other bidder and, in so doing, express to each the City's appreciation of their respective bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall b in force and effect upon its passage. ATTE ST: ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1968. No. 18328. AN ORDINANCE providing for the purchase of four (4) new 1969 Model trucks complete with cabs and chassis for use by the City's Sanitation Department, upon certain terms and conditions; accepting a certain bid made to the City for furnishin and delivering said vehicles; rejecting certain other bids made to the City; and pro riding for an emergency. WHEREAS, at a meeting of the Council held on September 9, 1968, and after due and proper public advertisement had been made therefor, five bids for the supply to the City of the vehicles hereinafter described were opened and read before the Council, whereupon all said bids were referred to a committee appointed by the Counc 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 tabular and recommendations on said bi'ds, from which it appears to the Council that the pro- posal hereinafter accepted represents the lowest and best bid made to the City for the supply of said vehicles and should be accepted; and that all other said bids should be rejected; funds sufficient to pay the cost of said equipment having here- tofore been 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Antrim Motors, Incorporated, offering to furnish, sell and deliver to the City four (4) new 1969 model trucks complete with cabs and chassis, delivered to the City in Milwaukee, Wisconsin, at which location refuse body assemblies will be mounted on said vehicles, in full accordance with the City's specifications made for said vehicles, and with said bidder's proposal, for a net purchase price of $14,799.( on 287 288 plus the sum of $436.00, transportation costs to Milwaukee, [qisconsin, after deduct trade-in allowance for four old trucks with refuse bodies, to be traded and deliver said bidder, be and said proposal is hereby ACCEPTED; and the City's Purchasing Ag is hereby authorized and directed to issue to Antrim Motors, Incorporated, the City' purchase order for the aforesaid vehicles, incorporating into said purchase order the City's aforesaid specifications, said bidder's proposal, guarantees and warranti and the provisions of this ordinance; and upon delivery to the City and said City's acceptance of said vehicles, the proper City officials shall be, and are hereby authorized to make payment to said supplier of the net sum of $14,799.04, and to the shipper of said vehicles, the sum of $436.00, and to transfer and deliver to said supplier the City's used trucks with refuse bodies, offered as trade-in on said new purchase. BE IT FURTHER ORDAINED that the other four (4) bids made to the City for the supply and delivery of other similar vehicles, be, and said bids are hereby REJECTED; and the City Clerk shall so notify each said other bidder and, in so doing express to each the City's appreciation of their respective bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTE ST: /City Clerk Mayor tO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1968. No. 18329. AN ORDINANCE providing for the purchase of four (4) new refuse body assem- blies upon certain terms and conditions; accepting a certain bid made to the City fo furnishing and delivering said equipment; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, at a meeting of the Council held on September 9, 1968, and after due and proper public advertisement had been made therefor, seven bids for the supply to the City 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 ~HEREAS, said committee has reported to the Council in writing its tabulati .n and recommendations on said bids, from which it appears to the Council that the proposal hereinafter accepted represents the lowest and best bid made to the City for the supply of said equipment and should be accepted; and that all other said bids should be rejected; funds sufficient to pay the cost of said equipment having heretofore been anoronriated bv the Council for the ~urnose: and 289 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, i THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Smith-Moore Body Company, Incorporated, made to the City, offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, four (4) new Hell "Colectomatic Mark III" 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 requirements made therefor and said bidder's proposal, for a total purchase price of $17,240.00, cash, be, and said bid is hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and directed to issue requisite purchase order therefor, incorporating into said order the City's aforesai specifications, the terms of said bidder's proposal, 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 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. Th g 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 full force and effect upon its passage. ATTE ST: / 'City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1968. No. 18330. AN ORDINANCE accepting the proposal of Regional Construction Services, Inc. for the repair and improvement of the existing concrete sidewalk on the Walnut Avenue Bridge, in the City of Roanoke; authorizing the proper City officials to execute the requisite contract; rejecting a certain other bid made to 'the City; and providing for an emergency. WHEREAS, at the meeting of Council held on September 9, 1968, and after due and proper advertisement had been made therefor, two bids for furnishing all tools, 290 machines, labor and materials for the repair and improvement of the existing sidewal~i on the Walnut Avenue Bridge in the City 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 tabulation and recommendation on both said bids, from which it appears to the Council that the proposal of Regional Construction Services, Inc., represents the lowest and best bid made to the City for the performance of said work, and should be accepted; and that said other bid should be rejected; and WHEREAS, for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows (1) That the proposal of Regional Construction Services, Inc., for the repair and improvement of the concrete sidewalk on the Walnut Avenue Bridge, includi: the removal of unsound concrete and the overlay of existing walk and curbing along both sides of said bridge for its entire length and eastward to Jefferson Street, as described in the City's plans and specifications, for a lump sum of $14,875.00, cash upon satisfactory completion of said work, be, and said proposal is hereby ACCEPTED; (2) That the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with the aforesaid Regional Constructio Services, Inc., the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for said work; said contract to be upon such form as is approved by the City Attorney, and the cost of the work when completed to be paid out of funds heretofore appropriated by the Council for the purpose; 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 to him the City's appreciation of said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTE ST: City Clerk APPROVED Mayor 291 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1968. No. 18331. A RESOLUTION concurrin9 in the recommendation of the Local Board of Public Welfare of the City of Roanoke for the compromise settlement of certain claims for the recovery of certain Welfare Payments. WHEREAS, by resolution adopted September 12, 1968, the Local Board of Publiic Welfare of the City of Roanoke has consented to the sale end conveyance of certain real estate located at 513 Day Avenue, S. W., provided that out of the sale price of $4,500.00 the sum of $1,128.33 be paid to the Department of Public Welfare of the City of Roanoke, said sum bein9 in the nature of a compromise settlement and repre- sentin9 the apportioned interest, after deductin9 prior liens and costs of sale, of certain recipients, for Welfare Payments heretofore made to said recipients, and aqainst whom Notices of Lien have heretofore been filed in the Clerk's Office of the Hustinqs Court of the City of Roanoke; and WHEREAS, the Council is advised that the above sale price, as established by independent appraisals, is a fair market value of said property and that the sum to be recovered from said sale price represents a fair compromise settlement of the claims for Welfare Payments heretofore paid to qualified recipients now havin9 or having had an interest in the aforesaid land, in which advice the Council concurs. THEREFORE, BE IT RESOLVED by the CoUncil of the City of Roanoke that, pursu: to certain administrative regulations established by the State Board of Public Welfar, of the State of Virginia accordin9 to the 9eneral law, this Council doth hereby concur in the recommendation of the Local Board of Public Welfare of the City of Roanoke in that said Council consents to the sale and conveyance of certain real estate located at 513 Day Avenue, S. W., in said City, provided that out of the proce of the sale price of $4,500.00 the sum of $1,128.33 be paid to the Department of Public Welfare of the City of Roanoke, said sum representin9 the compromise settlemen of certain claims for Welfare Payments heretofore made by said Department of Public Welfare. BE IT FURTHER RESOLVED that, upon request and certification by the Departme of Public Welfare of the City of Roanoke of receipt of payment of the aforesaid sum, the City Attorney is hereby authorized and directed to release the lien or liens against said real estate as the same may be docketed or recorded in the aforesaid Clerk's Office, notin9 thereon the amount of partial recovery aforementioned. BE IT FINALLY RESOLVED that the City Clerk is hereby directed to transmit a copy of this resolution to Miss Bernice F. Jones, Director of Welfare of the City of Roanoke. APPROVED ATTE ST: /City Clerk Mayor ds 292 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1968. No. 18332. AN ORDINANCE authorizing the employment of Mr. Winston S. Sharpley for architectural services in connection with the construction of an extension to the Roanoke Juvenile Detention Home; and providing for an emergency. WHEREAS, to effect the construction of an extension to the Roanoke Juvenile Detention Home at Coyner Springs, it is necessary to procure architectural services, and the Council is advised that Mr. Winston S. Sharpley has submitted a proposal stating that he is willing to perform the requisite architectural work for the contract price hereinafter authorized; and WHEREAS, funds have been appropriated for the payment of the contract price hereinafter authorized, and, for the usual daily operation of the Roanoke Juvenile Detention Home, 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 Mr. Winston S. Sharpley to prepare the requisite plans and specification and render other usual architectural services in connection with an extension to the Roanoke Juvenile Detention Home for a basic service fee of six per centum (6%) of construction costs, plus a fee for additional services of two and one-half (2 1/2) t the direct personal expense, as defined in Article 7.1 of the proposed agreement, calculated at the rate of $6.00 per hour, be, and said proposal is hereby ACCEPTED. BE IT FURTHER ORDAINED that the City Manager and City Clerk are authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with Mr. Winston S. Sharpley, the form of which contract shall be approved by the City Attorney. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance shall in full force and effect upon its passage. ATTE ST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1968. No. 18324. AN ORDINANCE providing for the conveyance to Appalachian Power Company of easement to construct certain underground electric facilities within a right-of-way extending from the southeasterly side of Jefferson Street, S. E., across Lake Road, S. E., to an existing 12 K.V. overhead line, upon certain terms and conditions. WHEREAS, in order to provide necessary increased electric services to certain property owned by Roanoke Memorial Hospital, Appalachian Power Company has requested that it be granted an easement and the right to construct certain underground electric facilities extending from a point near the southeasterly side of Jefferson Street, S. E., crossing Lake Road, S. E., to an existing 12 K.V. overhead line, to serve said property. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby authorized and directed, for and on behalf of the City, to execute and deliver to Appalachian Power Company a deed of easement granting to said Company a non-exclusive easement for undergound electric facilities, with the right, privilege and authority to said Company, its successors and assigns, to construct, operate and maintain certain underground conduits and cables, with all necessary manholes, equipment and appliances, for the purpose of transmission of electric energy, underground, across certain property owned by the City located, generally, on the south side of Jefferson Street, S. E., the aforesaid facilities to be constructed underground, except for necessary manholes or vaults, beginning at a point located approximately on the northeasterly corner of the inter- section of Jefferson Street and Ambulance Drive; thence, in an easterly direction, parallel to and one foot southerly from Ambulance Drive, to a point on the westerly side of Lake Road; thence, from a point on the southerly line of the Mill Mountain Incline right-of-way property to a 6' x 6' concrete pull box; and, also, a separate line from the southerly side of said right-of-way, extending in a northwesterly direction, approximately 15 feet abutting said 6' x 6' concrete pull box; the exact location of said right-of-way being more particularly shown in red crayon on a copy of a certain Drawing No. R-536, dated August 9, 1968, prepared by Appalachian Power Company, which copy is on file in the Office of the City Clerk, the consideration therefor to be the sum of one dollar ($1.00), cash; provision to be made in said deed for the said Company's relocation or removal of its said electric facilities upon the City's demand, should the location thereof interfere in any way with the City's use o its said property for any of said City's purposes; otherwise, said deed of easement shall be upon such form as is approved by the City Attorney. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1968. No. 18333. AN ORDINANCE directing that the name of Watts Avenue, N. W., extending from lOth Street, N. W. to 19th Street, N. W., in the City of Roanoke, be changed to 293 294 WHEREAS, at the request of numerous residents living on Watts Avenue, N. to have said street name changed and renamed Syracuse Avenue, N. W., the Council referred the matter to the Planning Commission for study, report and recommendation back to the Council; and WHEREAS, said Planning Commission has reported to the Council under date September 3, 1968, that said Planning Commission has no objection to the renaming of Watts Avenue, N. W., to Syracuse Avenue, N. W., in which opinion the Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the name of that public street extending from 10th Street, N. W., to 19th Street, N. W., heretofore known as Watts Avenue, N. W., be changed and that said street hereinafter be known and designated as Syracuse Avenue, N. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to cause the above changes to be noted on all appropriate maps and plats lodged in his care. APPROVED AT TE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1968. No. 18335. AN ORDINANCE to amend and reordain Section ~500, "Replacement ReserVe," of the 1968-69 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sectio ~500, 'Replacement Reserve," of the 1968-69 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: REPLACEMENT RESERVE ~500 Replacement Reserve (.1) .......................... $ 22,500.00 (1) One truck .................... $ 2,700.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: / City Clerk APPROVED Mayor 295 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1968. No. 18336. AN ORDINANCE to amend and reordain Section ~62, "Snow and Ice Removal," of the 1968-69 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 =62, "Snow and Ice Removal," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SNOW AND ICE REMOVAL ~62 Operatin9 Supplies and Materials (1) .............. $ 21,600.00 Operational and Construction Equipment - New (2) .. 1,870.00 (1) Net decrease $ 220.00 (2) Net increase .................. $ 220.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. AT TE ST: )~ ~'/City C1~'~-' erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1968. No. 18337. AN ORDINANCE to amend and reordain Section ~69, "Refuse Collection and Disposal," of the 1968-69 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 =69, "Refuse Collection and Disposal," of the 1968-69 Appropriation Ordinanc, be, and the same is hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION AND DISPOSAL ~69 Personal Services (1) ............................ $ 794,660.00 (1) N~t increase $40,775.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall b in effect from its passage. ATTEST: · ~ / /'7 /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1968. No. 18338. AN ORDINANCE to amend and reordain Section ~89, "Capital Improvements, of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~tBg, "Capital Improvements," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL IMPROVEMENTS =B9 CIP 10 Municipal Building (1) .................... $221,600.00 (1) Net increase -- $21,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall b~ in effect from its passage. ATTE ST: /City Cler APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1968. No. 18339. AN ORDINANCE providing for the execution of an agreement between the City of Roanoke and the Commonwealth of Virginia, through its Department of Welfare and Institutions, with reference to the City's proposed construction of certain addition and enlargements of its existing home for temporary detention of juveniles under the Juvenile and Domestic Relations Court Law; and providing for an emergency. WHEREAS, it has been found and determined by the City and by the State Board of Welfare add Institutions that it is necessary to the adequate operation of the City's existing home for the temporary detention of children coming within the purview of the Juvenile and Domestic Relations Court Law, now located at Coyner Springs in Botetourt County, Virginia, that a classroom, small workshop, storage roo and closet be constructed as an addition and enlargement of said home, the aforesaid home being now available and used for the temporary detention of children sent to said home by authorities of Roanoke County, B0tetourt County and the City of Roanoke upon arrangements approved by the State Board of Welfare and Institutions; and WHEREAS, said City desires to construct the aforesaid additions and enlarg merits to said home and desires to obtain reimbursement by the Commonwealth for part of the cost of such construction, as provided in Section 16.1-201 of the 1950 Code 2.97 of Virginia, as amended, being willing to agree'in writing that the facilities of it aforesaid detention home will be made available for at least the period of time required in the aforesaid statute, and to otherwise comply with the terms and condit contained in said statute relating to the provisions for such reimbursement; 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 tak, effect upon i'ts passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized, empowered and directed, on behalf of ti City, to enter into written agreement with the Commonwealth of Virginia, t'hrough its Department of Welfare and Institutions, embodying the terms and provisions upon which the City will construct an addition and enlargement to its existing home for the temporary detention of children coming within the purview of the Juvenile and Domestic Relations Court Law, at Coyner Springs in Botetourt County, Virginia, and upon which the Commonwealth will reimburse the City one-half of the cost of such construction but subject to the limitation contained in the aforesaid statute, such agreement to be in the following words and figures, viz.: AGREEMENT THIS AGREEMENT, made this day of , 1968, by and between the COMMONWEALTH OF VIRGINIA, by the Director of the Department of Welfare and Institutions, hereinafter referred to as "Commonwealth," and the CITY OF ROANOKE a municipal corporation of the Commonweaith of Virginia, hereinafter referred to as "City"; W I T N E S S E T H: WHEREAS, the City proposes to construct an addition and enlargement to its home at Coyner Springs in the County of Botetourt for the temporary detention of children coming within the purview of the Juvenile and Domestic Relations Court Law as contained in Article 4, Chapter 8, Title 16.1 of the 1950 Code of Virginia, as amended, such addition and enlargement having been found by the City and by the Stat Board of Welfare and Institutions to be necessary to the adequate operation of said home; and .WHEREAS, the City desires reimbursement by the Commonwealth for part of the cost of construction of the aforesaid addition and enlargement to its aforesaid home, as provided by §16.1-201 of the aforesaid Code of Virginia, and the Commonweal will make such reimbursement upon agreement on the part of the City to comply with the terms and conditions upon which such reimbursement can be made and as set out in the provisions of ~16.1-201, aforesaid. NOW, THEREFORE, in consideration of the premises, the City of Roanoke and the Commonwealth of Virginia covenant and agree, each with the other as follows: 1. That the City will comply with all the terms and conditions contained §16.1-201 of the 1950 Code of Virginia, as amended, for reimbursement by the Commonwealth as provided for in said section. 2. That the City will construct an addition and enlargement to its existi~ home for the temporary detention of children ~m~nn ~th~n tk~ ...... ~ ..... ~ +k~ · ...... ~ OhS 298 and Domestic Relations Court Law, located at Coyner Springs in Botetourt County, such addition and enlargement, consisting of a classroom, small workshop, storage room and closet, to be approved by the Governor of Virginia and to be constructed in accordance with plans and specifications approved by him. 3. That the City will make the facilities of the detention home available for a period of not less than ten years from completion of such new facilities for th~ temporary detention of children sent .to the home by the duly constituted authorities of the Counties of Roanoke and Botetourt and of the City of Roanoke, upon such arrang~,- ment as may be approved by the State Board of Welfare and Institutions pursuant to th. provisions of §10.1-201 of the 1950 Code of Virginia, as amended. The terms and conditions of any such arrangements may be embodied in written agreements provided that the same meet with the approval of the Board of Welfare and Institutions. 4. That the Commonwealth will reimburse the City one-half of the cost of constructing the aforesaid addition and enlargement of its said detention home, but subject to the $50,000 limitation as contained in §1(~.1-201, aforesaid.. IN WITNESS WHEREOF, the City has caused its name to be subscribed hereunto by its City Manager pursuant to Ordinance No. , adopted by the Council of the City of Roanoke on the day of , 1908, and the Commonwealth has caused her name to be subscribed hereunto by the Director of the Department of Welfare and Institutions: CITY OF ROANOKE, By City Manager COMMONWEALTH OF VIRGINIA, By Director, Department of Welfare and Institutions BE IT FURTHER 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 30th day of September, 1968. No. 18340. AN ORDINANCE accepting certain bids and awarding certain contracts for construction of a concrete covering over the Crystal Spring Reservoir, under Alternal Contract "K" and for providing automation of the Crystal Spring Pumping Station, unde Contract "L", upon certain terms and conditions; rejecting other bids made therefore; and providing for an emergency. 299 WHEREAS, at the meetin9 of the Council held on September 16, 1968, and aft due and proper public advertisement had been made therefor, nine (9) bids made to th City for the construction of certain improvements to the City's Crystal Sprin9 Reser and Pumpin9 Station were opened and read before the Council, whereupon all said bids were referred to a committee to be tabulated and studied and to be reported back to the Council; and WHEREAS, said committee has reported to the Council under date of Septembe 30, 1968, its tabulation and report of said bids, from which it appears that the bid hereinafter accepted represent the lowest and best bids made to the City, meetin9 th, City's specifications for said construction, and should be accepted, and the Council committee, havin9 negotiated with the low bidder on Alternate Contract "K", found it willin9 to perform certain additional work in the nature of preparin9 the concrete coverin9 of said reservoir for use as public tennis courts for the sum of $2,500.00; and WHEREAS, funds have been or are bein9 appropriated by the Council sufficiel to pay the cost of the improvements hereinafter authorized to be made and, for the usual daily operation of the municipal 9overnment, an emergency is declared to exist in orde~ 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 Wiley N. Jackson Company to construct a concrete cover over the City's Crystal Sprin9 Reservoir, in full accordance with Alternate Contract "K" as advertised in the City's plans and specifications made therefor and with said bidder's proposal, and to perform certain additional work consistin9 of preparin9 the concrete coverin9 of sai.d rese.rvoir for use as public tennis courts, as set forth in a certain letter agreement on file in the Office of the City Clerk, for a total price of $221,150.00, cash, for all said work, be, and said bid is hereby ACCEPTED: (2) That the bid of B. F. Parrot ~ Company, Inc., for providin9 automation facilities at the City's Crystal Sprin9 Pumpin9 Station, in full accordance with Contract "L" as advertised in the City's plans and specifications made therefor and with said bidder's proposal, for a total price of $19,700.00, cash, for said work, be, and said bid is hereby ACCEPTED: (3) That the other bids made to the City for the aforesaid improvements be and the said other bids are hereby REJECTED; the City Clerk to so notify said other bidders .and to express to each the City's appreciation of said bids; and (4) That the City Manager and the City Clerk be, and they are hereby autho. rized and directed to ent~er into written contracts on behalf of the City with the aforesaid successful bidders mentioned in paragraphs 1 and 2, above, for the provisio of the improvements mentioned and described in said paragraphs, said contracts to hay incorporated therein the City's requirements and specifications for the work so authorized to be done, the bidders' proposals made to the City, and the provisions of this ordinance; and upon satisfactory completion of all said work accepted by the City as meetin9 all said specifications, the City Auditor shall be, and is hereby e e v ir 300 authorized to make payment to said contractors in accordance with the provisions of this ordinance and said contracts, charging said payments to appropriations heretofore :: made by the City f~r said improvements. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTE ST: ~City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1968. No. 18341. AN ORDINANCE authorizing the acquisition of a perpetual easement for waterline purposes, extending from a point on the southerly line of the North H~lls Subdivision on Greenway Drive, in a southerly direction, approximately 846 feet to a point on the northerly boundary of Greenfield Subdivision, upon certain terms and conditions; authorizing the City Manager to approve an extension of mains and metered water connections to certain properties located outisde the corporate limits of the City, upon certain terms and conditions; and providing for an emergency. WHEREAS, Waldron Homes, Inc., owner and developer of a certain tract of lan, known as Greenfield Subdivision, located outside the corporate limits of the City, ha made application to the City for a supply of its surplus water and to extend water mains and to have the same and lots located in said subdivision connected to the City water system, said new water distribution system to be and become the property of the City; and WHEREAS, in order to provide water service to said new subdivision it is necessary to acquire an easement extending from a point on the southerly line of the North Hills Subdivision on 6reenway Drive, in a southerly direction, approximately 846 feet to a point on the northerly boundary of Greenfield Subdivision, and Waldron Homes, Inc., owner in fee simple of the above-described land, has offered to grant an, convey to the City requisite easement rights and to install at its own expense in the right-of-way provided therefor an 8-inch water main, approximately 1170 feet in length, to extend to said new subdivision, said line, when installed, to be the property of the City; and WHEREAS, the City Manager having investigated the application, in accordanc~ with the provisions of Resolution No. 16855 of the Council, has referred said applica- tion to the Council for consideration, recommending that the said water main extensior and connections be approved; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City doth hereby accept the offer of Waldron Homes, Inc., to grant and convey to the City a perpetual easement for water main or line purposes over, under, across and through a right-of-way, 10 feet in width, located upon property situated in Roanoke County, ¥irqinia, extending from the southerly boundary of the North Hills Subdivisi to the northerly boundary of the Greenfield Subdivision, as the centerline of said right-of-way is shown on a plat entitled, Proposed Water Line Easement Through Prope of Waldron Homes, Inc., prepared by T. P, Parker, S.C.E., under date of August 26, 1968, together with a temporary construction easement over certain additional and adjoining areas of land as indicated on said map, and also, the title to the waterli to be laid or installed therein, for a nominal consideration of One Dollar ($1.00), cash; and thereafter, upon receipt of a good and sufficient deed of easement, approv as to form by the City Attorney, said City Attorney is hereby directed to cause said deed to be recorded in the proper Clerk's Office. BE IT FURTHER ORDAINED that the City Manager be, and he is hereby authoriz, to approve, through the City's Water Department, an extension of the City's water distribution system through the above-described easement, the same to connect with aJ serve with a supply of the City's surplus water through metered water connections the lots in the subdivision known as Greenfield, of record in Plat Book 7, page 16, in the Clerk's Office of the Circuit Court of Roanoke County, such extension and connec tions to be made and done in full compliance with the provisions established for the same in Rule 38 of the Rules and Regulations for the operation of the City's Water Department, and said water services to be hereafter supplied by the City in accordanc with its general rules and regulations and at such rates and charges as are generally provided in such instances; the title to the system of distribution mains, laterals and all related appliances in said subdivision to be transferred and conveyed to the City upon completion of construction of the same, and the approval and acceptance thereof by the Manager of the City's Water Department. BE IT FURTHER ORDAINED that this ordinance shall not be construed as abro- gating or chanqin9 in any way the policy heretofore established by the Council in its Resolution No. 16855. BE IT FINALLY ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. APPROVED ATTEST: /? /City Clerk Mayor Y 301 302 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1968. No. 18342. A RESOLUTION providing for the transfer of the obligation of a certain restrictive covenant entered into with the City of Roanoke by The Macke Company from a 0.614 acre portion of the 9.88 acre parcel of land heretofore conveyed by said City to said Company to certain other parcels of land, aggregating 1.202 acre, being acquired by said Company. WHEREAS, the City of Roanoke heretofore, pursuant to the provisions of Ordinance No. 17765 of the City Council, by a cert~ n deed bearing date of March 19, 1968, conveyed to The Macke Company a certain 9.88 acre parcel of land described in said deed, the conveyance of which land by the City was expressly made subject to certain conditions and restrictions set out in said deed and made covenants running with the title to the land therein conveyed; and WHEREAS, The Macke Company desires to grant and convey a certain 0.614 acre portion of the aforesaid 9.88 acre parcel of land to the owners of an adjoining tract of land and, in exchange therefor, acquire from said adjoining owners certain parcels of land adjoining or adjacent to the residue of said 9.88 acre tract, the aggregate area of the three adjoining or adjacent parcels of land being 1.202 acre, more or less; and WHEREAS, it has been proposed that the City agree to release the aforesaid 0.614 acre parcel of land proposed to be conveyed by said Company to the aforesaid adjoining landowners from the restrictive covenants and conditions set out and conta in the aforesaid deed of March 19, 1968, The Macke Company to take and hold title to the 1.202 acre area of land proposed to be acquired by said Company from said oth~ landowners, subject to the restrictions and conditions cont~ ned in the aforesaid de, of March 19, 1968, and to which the residue of said 9.88 acre parcel of land will re~ subject; and WHEREAS, the Council, considering the matter, is agreeable to the aforesai. proposal, the arrangement to be incidental to and carrying out the purposes and inte of the provisions contained in Ordinance No. 17765, aforesaid. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth hereby agree and consent to the release by said City of that certain 0.614 acre part or portion of the 9.88 acre parcel of land heretofore conveyed by th City to The ~acke COmpany by deed dated March 19, 1968, from the three enumerated restrictions and conditions set out and contained in the aforesaid deed of March 19, 1968, and made covenants running with the land therein conveyed, as said 0.614 acre parcel of land is shown on a Plat Showing Survey of Exchange of Land between The Macke Company and the Watts Estate, west of Court St. and Rockland Avenue, N. W., prepared by David Dick and Harry A. Wall, Civil Engineers and Surveyors, dated February 22, 1968, a copy of which plat is on file in the Office of the City Clerk; provided, however, that contemporaneously with the partial release above provided, there be conveyed to The Macke Company the fee simple, unencumbered title to three ned ,r ain 3O3 acre, aggregating in all 1.202 acre, as said parcels of land are shown on the afore said plat, the title to which 1.202 acre of land shall be held by The Macke Company subject to the same conditions and restrictions set out and contained in that cer- tain deed from the City of Roanoke to The Macke Company made under date of March 19 1966 and recorded in the Clerk's Office of the Hustings Court of the City of Roanok in Deed Book 1234, page 379. BE IT FURTHER RESOLVED that the Mayor and the City Clerk be, and are hereby authorized and empowered to execute on behalf of the City such proper releas deed or deeds, or agreement, as will provide for the transfer of the obligation of the aforesaid restrictive covenants and conditions from the 0.614 acre parcel of land proposed to be conveyed by said Company to adjoining landowners to the 1.202 acre area of land proposed to be acquired by said Company from said other landowner such release deed or deeds, or agreement, to be upon such form as is approved by the City Attorney. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 30th day of September, 1968, No. 18343. A RESOLUTION approving and concurring in the establishment of The Roanok~ Valley Regional Health Services Planning Council, Inc. WHEREAS, its attention having been focused on the desirability of the continuing investigation and assessment of the present facilities and projected needs relating to the various health organizations serving the Roanoke Valley regior the Council deems it appropriate to approve the establishment of an organization which will carry out these objectives. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth hereby approve and concur in the establishment of The Roanoke Valley Regional Health Services Planning Council, Inc. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmi an attested copy of this resolution to Mr. John J. Butler, President of said Counci ATTEST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1968, No, 18334~ AN ORDINANCE to amend and reordain Chapter 2, of Title XVI, of the Code of the City of Roanoke, 1956, relating to land subdivision regulations within the corporate limits of the City of Roanoke and, with the approval of the Board of Supervisors of Roanoke County, within certain prescribed areas outside said corpo- rate limits; providing for the codification of the provisions thereof into the Code of the City of Roanoke, 1956, as Chapter 2,1 of Title XVI of said Code; making severable the provisions of this ordinance; designating the manner in which this ordinance should be cited; and providing for the effective date of this ordinance. WHEREAS, the City Planning Commission, charged with the duty of studying the City's provisions and regulations relating to land subdivision, as contained in Chapter 2, Title XVI, of the Code of the City of Roanoke, 1956, has recommended heretofore and after conducting certain hearings on the matter proposed to the Council that the provisions and regulations contained in Chapter 2, aforesaid, be amended in their entirety and reordained, substantially as hereinafter provided; an WHEREAS, pursuant to the provisions of Sec. 15.1-467 of the 1950 Code of ¥irginia, as amended, the Council transmitted to the Roanoke County Planning Commis sion, the proposed subdivision regulations, after which said Roanoke County Plannin Commission, holding public hearing on the proposal, recommended oeneral approval of the same to the Board of Supervisors of Roanoke County, which body has, after holding public hearing on the proposal and after recommending certain changes which have been incorporated into said regulations, approved the said proposed subdivisior regulations by a resolution duly adopted by said Board; and WHEREAS, this Council, after publication of notice as provided by subsec- tions (4) and (5) of Section 62 of the Roanoke Charter of 1952 and by Sec. 15.1-431 of the 1950 Cod~ of Virginia, as amended, has conducted numerous public hearings on the proposed amendment of the aforesaid provisions and regulations, at which hearin. all property owners and all parties in interest and their attorneys were afforded a opportunity to appear and be heard on any of the proposed changes and on any matter germane thereto; and WHEREAS, upon conclusion of said public hearings and upon consideration of the proposals made by said City Planning Commission and of those made at said public hearings, the Council is of the opinion that for t he purpose of promoting the health, safety, morais, comfort, prosperity and general welfare of the general public and of accomplishing the purposes set forth in Sec. 15.1-466, et seq., of the 1950 Code of Virginia, the provisions and regulations relating to Land Subdivis set forth in Chapter 2, Title XVI, of the Code of the City of Roanoke, 1956, as amended, should be amended in their entirety and reordained as a new chapter of Title XVI of the Code of the City of Roanoke, 1956, as hereinafter provided. 305 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 2, of Title XVI, of the Code of the City of Roanoke, 1956, relating to subdivision regulations, is hereby amended in toto and reordained, as Chapter 2.1 of said title and code, to read and provide as follows: CHAPTER 2.1 LAND SUBDIVISION REGULATIONS ARTICLE I PURPOSE, APPLICABILITY AND INTERPRETATION Sec. 1. Purpose The purpose of this chapter is to establish certain standards and minimum requirements and to prescribe proce- dures to assure the orderly subdivision and development of land located in the City of Roanoke, Virginia, and such of its environs in Roanoke County as come under its jurisdic- tion as provided for in Sec. 15.1-467 of the 1950 Code of Virginia, as amended, and the City Charter of Roanoke, Virginia. Sec. 2. Applicability of Regulations a) No person shall divide or subdivide, or cause a sub- division to be made, by deed or map, of any tract of /and which is located within the boundaries of the City of Roanoke as the same may, from time to time, be established according to law, as provided for in Section 15.1-467 of the 1950 Code of Virginia, as amended, except in conformity with. the pro- visions of this chapter; provided that the provisions of this chapter shall not be applicable within the corporate limits of any other municipality; and provided, further, that in those areas of extra-territorial jurisdiction of the City of Roanoke, as provided for in said Section 15.1-467, the re- quirements for public improvements shai1 be those set forth in the Roanoke County Land Subdivision Ordinance, all other provisions of this chapter to apply to said area lying with- in the extraterritoriaI jurisdiction of the City of Roanoke; provided, however, that where a single lot or parcel of land is proposed to be divided into not more than two parcels, any one or more of the requirements of this chapter may be waived in writing by the agent responsible for the administration and enforcement of the regulations contained in this chapter, provided that the division of such single parcel into two parcels conforms in area and street frontage to the regula- tions and requirements of the zoning district regulations of the governmental entity wherein the Iand lies, does not involve any new public street or easement of access, or road, does not offer an opportunity to obstruct naturai drainage or a planned major highway, does not adversely affect any part of an adopted plan, or does not in any way violate the intent of this chapter or any applicable zoning ordinance. b) Any owner or developer of any tract of land situated within the city limits of Roanoke and/or within the extraterritorial jurisdiction of the City of Roanoke in Roanoke County as provided for in Section 15.1-467 of the Code of Virginia 1950, as amended, who subdivides the same shall cause a plat of such subdivision, with reference to known or permanent monuments, to be made and recorded in the office of the clerk of the appropriate court. No such plat of subdivision shaI1 be recorded unless and until it shall have been submitted to and approved and certified by the Agent and the City Engineer in accordance with the regula- tions set forth in this ordinance. No land shall be subdivided for residential use if the Planning Commission in the exercise of its considered judgment, after hearing ali proper evidence and'after referral to the County Planning Commission whenever said land lies wholly or in part within the County, deems the same unsuitable for such purpose. c) This chapter bears no relation to any private easement, covenant, agreement or restriction, and the responsibility of enforcing such private easement, covenant, agreement or re- striction is not implied herein to any public official. When this chapter calls for more restrictive standards than those required by private contract, the provisions of this chapter shall control. 306 Sec. 3. ART ICLE I I Sec. 4. Sec. , 5. Sec . 6. Sec. 7. ARTICLE III Sec. 8. Sec. 9 . Sec. 10. Sec. ll. Sec. 12. Sec. 13. Sec. 14. Interpretation The provisions of this chapter shall be the minimum requirements for submission, preparation and recordation of all plans and plats. Words used in the present tense include the future tense, except where the natural construction of the ordinance indicates otherwise; words in the singular number include the plural number, and words in the plural include the singular; "shall'! is mandatory and not dis- cretionary; "may" is permissive. ADMINISTRATION Administrator The City of Roanoke Planning Commission or its duly authorized representative is hereby delegated to administer this chapter. In so doing, the Planning Commission or its representative shall be considered the Agent of the City. Duties The Agent shall perform its duties in regard to sub- divisions and subdividing in accordance with this chapter and the Land Subdivision and Development Act, Title 15.1, Chapter II, Article 7, of the 1950 Code of Virginia, as amended. Consultation In the performance of its duties the Agent may call for opinions or decisions, either oral or wirtten, from other departments and agencies in considering details of any sub- mitted plat. Additional Authority In addition to the regulations herein contained for the platting of subdivisions, the Agent may, from time to time, establish any reasonable additional administrative procedures deemed necessary for the proper administration of this chapter. DEFINITIONS Agent The word "Agent" shall mean the City of Roanoke Planning Commission or its duly authorized representative who has been appointed to serve as the Agent of the said Planning Commission in approving subdivision plats. Alley The word "alley" shall mean a public way which affords a secondary means of access to an abutting property. City The word "City" shall mean the City of Roanoke, Virginia. City Engineer The words "City Engineer" shall mean the City Engineer of the City of Roanoke, Virginia. County The word "County" shall mean the County of Roanoke, Virginia. Double Frontage Lot The words "double frontage lot" shall mean a lot fronting on two different streets but not including a corner lot. Lot The word "lot" shall mean a parcel of land created in conformance with provisions of this chapter and the Zoning Ordinance of the City or County wherein the land lies in effect at the time of its creation, and to be shown on the Official Appraisal Maps of the City or County with a separate and distinct identification from other parcels. A lot shall be suitable for a building site; and any parcel created by lot line adjustment or by division or sale of property not in conformance with the provisions of this chapter and the City or County Zoning Ordinance shall not be deemed a lot. 3O7' Sec. 15. Sec. 16. Sec. 17. Sec. 18. Sec. 19. Sec. 20. Sec. 21. Sec. 22. Sec. 23. Sec. 24. Sec. 25. Lot Frontage The words "lot frontage" shall mean the property line dividing a lot from a dedicated or proposed street. Master Plan The words "master plan" shall mean a comprehensive plan or any part thereof adopted by the City Council which indicates the general location for the various physical classes of public works, places and structures and for the general planned physical development of the City or the equivalent document or any part thereof adopted by the County. Owner The word "owner" shall mean any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter. Official Appraisal Map The words "Official Appraisal Map" shall mean that series of tax appraisal maps utilized by the City Assessor for tax appraisal purposes or the equivalent tax appraisal maps utilized for the same purposes in the County of Roanoke. Parcel The word "parcel" shall be a general term including all plots of land shown with separate identification on the Official Appraisal Maps. Parcels may or may not be lots, depending upon whether or not such parcels are created as herein provided. Paved Way The words "paved way" shall mean the area 'between curb faces of a street, excluding gutters; where curb faces may be omitted under this chapter they shall mean the area between the edges of the paved section, excluding the full width of gutters as permitted by this chapter in lieu of curbs. Paved Way Width The words "paved way width" shall mean the shortest distance from curb face to curb face, excluding gutters; provided, however, where curb faces may be omitted by this chapter they shall mean the shortest distance between the edges o} the paved section, excluding the full width of gutters as permitted by this chapter in lieu of curbs. Planning Commission The words "Planning Commission" shall mean the City of Roanoke Planning Commission or, where prefaced by the word "County", shall mean the Roanoke County Planning Commission. Final Plan The words "final plan" shall mean those documents, maps, plats and other material as required by this chapter and in- cluding the final plat showing all final details of the pro- posed subdivision. Preliminary Plan The words "preliminary plan" shall mean those documents, maps, plats and other material as required by this chapter that are submitted to the Agent and City Engineer for approval prior to preparation of the final plan. Final Plat The words "final plat" shall mean that plat submitted to the Agent and City Engineer for final approval and subse- quently (to be) recorded with the appropriate clerk of court of the city and/or county wherein the land to be subdivided lies. 3O8 Sec. 26. Sec. 27. Sec. 28. Sec. 29. Sec. 30. Sec. 31. Sec. 32. Sec. 33. Sec. 34. Sec. 35. Sec. 36. Preliminary Plat The words "preliminary plat" shall mean that plat or layout of a proposed subdivision submitted as part of the preliminary plan to the Agent and the City Engineer for their approval prior to submission of the final plan. Public Utilities The words "public utilities" shall mean water, gas, sewer, electrical and telephone lines and facilities and shall include natural or improved drainage facilities. Street The word "street" shall mean a public way for vehicular traffic whether designated as street, highway, thoroughfare, parkway, road, avenue, drive, expressway, freeway, boulevard, lane, place, circle, or otherwise; provided, however, the word "street" shall not include alleys. Arterial Street The words "arterial street" shall mean a major thoroughfare of heavy traffic volume and of considerable continuity. Collector Street The words "collector street" shall mean a street which carries traffic from a local street to an arterial street in addition to serving primarily as access to more than forty (40) existing, proposed or potential lots, including such lots on local streets which intersect or junction with such a street, Cul-de-sac Street The words "cul-de-sac street" shall mean a local street with only one (1) outlet, the closed end terminated by vehicular turnaround. Marginal Access Street The words "marginal access street" shall mean a local street which' is parallel to and adjacent to an arterial street or highway and which provides access to abutting properties and protection from through traffic. Local Street The words "local street" shall mean a street used primarily for access to abutting properties and which serves forty (40) or less existing, proposed or potential lots, as determined by the Agent. Street Width The words "street width" shall mean the shortest distance between the lines delineating the right-of-way of a street. Subdivider The word "subdivider" shall mean any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing or required by law to commence proceedings under this chapter to effect a subdivision of land hereunder for himself or for another. Subdivision The word "subdivision" shall mean the division of a lot, tract, or parcel of land into two or more lots or other sub- divisions of land for the purpose, whether immediate or future, of transfer of ownership to anyone for the purpose of street widening or building development and including all changes in street or lot lines and further including any parcel previously separated by the then owner of such tract for such purpose sub- sequent to the adoption of these regulations; provided, that the transfer of ownership to the Commonwealth of Virginia or a poli- tical subdivision thereof and the divisions of lands'by court order or decree shall not be deemed a subdivision as otherwise herein defined. 309 ARTICLE IV Sec. 37. Sec. 38. Sec. 39. PROCEDURE FOR SUBMISSION OF PLANS AND RECORDATION OF PLATS Pre-Preliminary Conference Prior to the filing of a preliminary plat, the subdivider shall consult with the agent of the Planning Commission concerning the subdivision plans of the subdivider. It is the intent of this requirement that the subdivider may familiarize himself with these regulations and that the agent of the Planning Commission and such personnel of the City as may be appropriate and concerned shall be afforded by the subdividez opportunity to advise and assist the subdivider prior to the preparation of the preliminary plat and related material. Preliminary Plan a) Whenever a subdivision is proposed to be made and before any sale of any lot or lots located in said subdivision as a whole or any part thereof is made, the owner or proprietor of the proposed subdivision, or his duly authorized represen- tative, shall file a plan of the proposed subdivision with the Agent for approval. The plan and all procedure relating thereto should be in substantial accord with the pre-prelimi- nary plan and in ail respects shall be in full compliance with the provisions of these regulations and all applicable laws and ordinances affecting or regulating the subdivision of land, the use thereof, and the erection of buildings or struc- tures thereon. The preliminary plan shall be comprised of the preliminary plat and, in addition, all other information re- quired by the Agent and/or City Engineer to properly evaluate and inspect the proposed subdivision. b) The Agent and the City Engineer shall tentatively approve or disapprove the preliminary subdivision plat or approve it with modifications, noting thereon any changes that will be required. Not less than three (3) copies of the preliminary plat shall be submitted to the Agent and one (1) copy shall be returned to the owner or proprietor of the subdivision or his represen- tative with the date of said approval or disapproval noted thereon. c) The Agent, in studying the preliminary subdivision plat, shall take into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to width, arrangement and location of streets, utility easements, drainage, lot sizes and arrange- ments, and other facilities such as parks, playgrounds or school sites, public buildings, parking areas, boulevards and main highways. Adequate street connections shall be required by the Agent to ensure free and safe access to adjoining existing, proposed, and possible subdivision of lands. d) The preliminary plat shall be approved, disapproved, or approved with modification within forty-five (45) days after the date it is presented to the Agent. Final Plan a) The final plan may include only a portion of the approved preliminary plan provided that the public improvements to be constructed in the area covered by the plat are sufficient, by and of themselves, to accomplish a proper development and to provide adequately for the health, safety and convenience of the present and future residents therein and for adequate access to contiguous areas, schools and other public sites. b) The Agent, before approving any final subdivision plat, shall personally inspect the proposed subdivision on the ground, together with the City Engineer, who shall also approve the plat. Upon approving such final subdivision plat, the Agent and City Engineer shall clearly endorse their approval thereon. c) Unless a final plat is filed with the Agent within six (6) months after the approval of the preliminary plat, the preliminary plat shall thereupon become void and shall be so marked by the Agent, who shall notify the subdivider in writing. '310 d) The final subdivision plat shall be approved by the Agent and the City Engineer, if found to be in conformity with the requirements of law and of these regulations, within a reason- able period of time following submission of such plat. Such plat shall be filed for recordation in the clerk's office of the court in which deeds conveying the land are recorded sixty (60) days after final approval thereof. Otherwise, such approval shall be withdrawn by the Agent and the plat marked void and returned to the owner. No clerk of a court shall file or record a plat of a subdivision until such plat has been approved by the Agent and the City Engineer. e) When a final subdivision plat has been approved, executed, and acknowledged as provided in these regulations, it shall be recorded in the office of the clerk of the court in whose office deeds conveying the land contained in the plat are re- quired by law to be recorded and shall be indexed under the names of the owners of the land and under ~he name of the subdivision. The clerk shall retain the original linen tracing of said plat and shall permit it to be inspected only upon written order of a'judge of a court of record, f) The recordation of plats of subdivision of land shall operate to transfer, in fee simple, to the City or County in which the land lies such portion of the premises platted as is on such plat set apart for streets, alleys or other public uses or for future street widening and to transfer to such City or County any ease- ment indicated on such plat to create a public right of passage over the same; but nothing herein contained shall prevent the persons who set apart such land for streets and alleys, or for future street widening, or their heirs, successors and assigns, where otherwise under this chapter they have the right so to do, from erecting, installing, constructing, and maintaining electric lines or conduits, along or under the portions so set apart, gas lines, water lines, sanitary sewer pipes, drains and drain pipes, electric lines or conduits, when such are constructed, erected, placed, installed and maintained pursuant to the provisions of this chapter and ali other applicable laws and regulations. g) Immediately upon the vacming of any recorded subdivision plat, or part thereof, the clerk of court in whose office such plat has been recorded, whether the same was recorded under the provisions of this chapter or otherwise, shall write in plain, legible letters across such plat, or the part thereof so vacated, the word "VACATED," and also make a reference on the same to the volume and page in which the instrument of vacation is recorded; and, if a duplicate of said plat be on file in the office of the city or county engineer for public use, the City or County Engineer shall cause similar notations to be legibly written on said duplicate plat, or the part thereof, so vacated. Sec. 40. Resubdividing Parcels which are combined or returned to acreage as shown on the Official Appraisal Maps shall not be resubdivided except in conformance with all provisions of this chapter. Sec. 41. Fees City Council may establish a schedule of fees, charges, and expenses, including a collection procedure for the review and approval of all plats by the Agent. The schedule of fees, charges, and expenses shall be made available by the Agent and may be altered or amended only by City Council. ART ICLE V SPECIFICATIONS FOR PLANS AND PLATS Sec. 42. In General All plans and plats shall conform to the officially adopted master plan or one or more parts, sections, or divisions thereof, as amended, of the city or county wherein the land lies, as the case may be. In areas of joint subdivision review between the City and other political jurisdictions which areas are subject to the regulations of this chapter but not subject to the zoning ordinance of the City, the Agent shall confer with the appropriate planning commission (s) or the duly designated agent of said planning commission (s) before approving any preliminary plat. 311 Sec. 43. Pre-Preliminary Conference Prior to a pre-preliminary conference with the Agent the subdivider shall prepare a sketch plan showing the following information: a) Street rights-of-way b) Other rights-of-way and easements c) Lot lines (sketch) d) Sites, if any, for parks, schools, churches, etc. e) Wooded areas, 'marshes and similar conditions existing on the site f) Site date (1) Acreage in tract (2) Acreage in parks and other land usage (3) Average lot size (4) Approximate number of lots g) Sketch vicinity map showing relationship between subdivision and surrounding area Sec. 44. Preliminary Plat The preliminary plat, plainly marked as such, shall be submitted to the Agent showing the following: a) Subdivision name. b) Name and address of the record owner of the land proposed to be subdivided and the owner or proprietor of the subdivision and the surveyor. c) Date, scale, and north point of map. True meridian shall be used where practicable; otherwise, the date of the magnetic bearing must be given. d) The location, width and names of all existing or platted streets, easements, or other public ways or public use of land for future street widening within or adjacent to the subdivision, existing permanent buildings, railroad rights-of-way, natural watercourses, and other important features. e) Location and names of adjoining subdivision or names of owners of adjoining lands, together with proper legal re- ferences to property of ali respective abutting owners. f) Location of all building lines and location and dimensions of all easements. Lot lines, lot and block numbers and dimensions. h) Proposed method of water supply, drainage provisions, sanitary sewer layout or other accepted sanitary plan. i) Proposed use of property to be subdivided. j) All parcels of land to be dedicated for public use and the conditions of such dedication. Sec. 45. Additional Material In addition to the preliminary plat, the following plans, profiles, studies, maps and other material shall be submitted to the Agent as part of the preliminary plan: a) Engineerinq Drawinqs Profile of each street. The owner or proprietors shall file with the Agent for approvai three (3) copies of a complete plan and profile of each street, prepared by a surveyor or engineer duly certified to perform such services; said plan to be drawn to a scale of fifty (50) feet to the inch and the profile to be drawn to a horizontal scale of fifty (50) feet to the inch and a vertical scale of five (5) feet to the inch, or as otherwise allowed by the Agent and City Engineer, with all elevations referred to the U.S.C. and G.S. datum. The plan shall show the existing and proposed location of the following: drains, sanitary sewers, including all sewer laterals extended to the property lines, water mains and lateral fire hydrants, parking spaces, if any, and all other contemplated 312 improvements. The profile shall show the proposed center line grade of the street and alley; the size, depth, and rate of grade of all required drains; and the size, location, and approximate depth of water mains. Two (2) copies of said plan and profile will be retained by the City, ow copy to be filed with the City Engineer and one copy to be filed with the Agent. The third copy, showing required changes, shall be returned to the owner or proprietor, who shall have the required changes made upon the original plan and profile and file again two corrected copies, one with the City Engineer and one with the Agent. The Agent may further require cross sections of the street or alley, same to be taken at each fifty-foot station, at all street intersections and any other points which may be required to properly establish the grade of the street. b) Grading Plan c) The grading plan, when required, shall show all details and features involving required earthwork and grading including the following: (1) Excavatin~ (magnitude, displacement provisions, soil characteristics, etc.) (2) Fill (magnitude, density, material, etc.) (3) Slope pl~.nkin~ (type, growth factors, etc.) (4) Plantin~ maintenance (plans for) (5) (6) Slope interceptor and berm ditch drainage vertical height, material, etc.) (width, depth, (7) Cut slope construction (extent, slope, soil characteris- tics, etc.) Storm Study_ Fill slope compaction (extent, slope, density, material, etc.) Design of all drainage improvements shall be based on runoff to be anticipated from a ten (10) year frequency storm study, or greater if conditions necessitate, and calculations supporting such design shall be furnished as part of the preliminary plan. The so-called "rational method" of estimating runoff shall be used. The entire area tributary to the proposed construction, considered as fully developed, shall be included in the storm drain study. That portion of the runoff which cannot be adequately handled by means of existing natural channels or drains shall be provided for by the construction of adequate enclosed or improved open drainage facilities. d) Topographic Map Topographic map on a scale of one (1) inch equals two hundred (200) feet and contour intervals of five (5) feet or less, showing water courses, marshes, rock outcrops, wooded areas, isolated preservable trees one foot or more in diameter, structures, and other outstanding features. e) Vicinity Map Location or vicinity map tying the subdivision into the present road system and relating the subdivision to its surrounding area, either by aerial photographs or topographic maps. f) Overall Plan g) General plan for the entire tract ultimately suitable for development. This layout is in addition to the more detailed data for the specific section of the tract to be considered immediately. This plan shall also show current zoning and anticipated requests for zoning changes. Site Data Site data including: (1) (2) (3) (4) (5) Aqreage in total tract Acreage in park or other land'usage Average lot size Total number of lots Linear feet in streets 313 Sec. 46. Sec, 47. Final Plat The final plat shall be prepared in the following manner: a) Preparation Every plat shall be prepared by a land surveyor duly licensed by the State of Virginia, who shall endorse upon each plat a certificate signed by him setting forth the source of the title of the land subdivided and the place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one source of title, the outlines of the several tracts shall be indicated upon such plat with the source of title to each of the several tracts denoted thereon, within an inset block, or by means of a dotted boundary line upon the plat. b) Drawing The final subdivision plat shall, by the use of black India ink, be clearly and legibly drawn on standard linen tracing cloth. The size of the sheet shall be either eleven inches by seventeen inches, including a margin of one inch outside ruled border lines at bottom, top and right sides, and one and one-half inch for bin~ng on the left seventeen inch side of the sheet, or the size of the sheets shall be twenty inches by thirty inches, including a margin of one inch outside ruled border lines at bottom, top and right sides, and two inches for binding on the left twenty-inch end of the sheet. The drawing shall be to a scale of one inch equals one hundred (100) feet unless otherwise authorized by the Agent. c) Distribution The orignial linen tracing and four prints on standard cloth shall be submitted to the Agent with other required material com- prising the final plan. After approval, the original linen tracing and one print thereof shall be returned to the owner or proprietor of the subdivision for recordation in the precise form as approved. Four (4) cloth prints, with recording information included thereon, shall be returned and distributed as follows: (1) Agent, one (I) cloth print; (2) City Engineer, two (2) cloth prints; (3) Clerk of Court, one (1) cloth print (in addition to the original linen tracing.) (4) Whenever a subdivision lies wholly or partially within the County, an additional cloth print shall be provided and same distributed to the Planning Commission of the County or its Agent. d) When more than one sheet is necessary, an index sheet of the same size may be required by the Agent showing the entire subdivision. Content The final plat shall show: a) Sufficient data to readily determine the location, bearing and length of every street line, lot line, block line and boundary line to reproduce the same on the ground from permanent monuments. Linear dimensions shall be in feet and decimals. All dimensions, both linear and angular, shall be determined by an accurate control survey which must close and balance within a limit of one foot in ten thousand feet. A plus or minus figure shall not be permitted on any line. b) Accurate coordinates of selected and monumented points referenced to the Virginia Coordinate System, or as otherwise approved by the Agent and City Engineer. c) All curves and segments thereof shall be circular arcs and described by giving the central angle, radius, tangent, length of arc and chord bearing and distance. This may be shown in a scheduled tabulation on the plat. d) In order to establish uniformity, a section or survey shall consist of a number of blocks; a block shall consist of a number of lots; and a lot shall be the smallest individual land use unit. All blocks and lots shall be numbered in consecutive order from left to right, beginning at the top of the unit, or other logical arrangement as approved by the Agent. In case there is a resub- division of lots, the original identity shall be shown, and other identification not in conflict with these regulations may be designated for the new arrangement. 314 e) f) g) h) Sec. 48. ART ICLE V I Sec. 49. Sec. 50. All bearings are to be referred to the true meridian or the meridian. of the Virginia Coordinate System where geodetic control has been completed. Where the magnetic meridian is used, the ~te of the magnetic bearing shall be stated. The names of all streets and the name of the subdivision, the north point, scale, data, and restrictions and conditions, if any. A complete and correct description of the land subdivided. The final subdivision plat, or the deed of dedication to which plat is attached, shall contain in addition to the land surveyor's certificate a statement as follows: "The platting or dedication of the following described land (here insert correct description of the land subdivided) is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any." This statement shall be signed by the owners, proprietors, and trustees, if any, and shall be duly acknowledged before some officer authorized to take acknowledgements of deeds, and when thus executed and approved as herein specified, itshall be filed and recorded in the office of the clerk of the appropriate court and indexed under the names of the land owners, trustees, if any, signing such statement and under the name of the subdivision. Revisions No change, erasure or revision shall be made on any preliminary or final plat, nor on accompanying data sheets after approval of the Agent and City Engineer has been endorsed in writing on the plat or sheets, unless authorization for such changes has been granted in writing by the Agent and the City Engineer, In no case shall the Agent approve a revision of a previously approved plat unless the date of the revision thereof and the fact that it is a revised plat be clearly stated thereon. IMPROVEMENTS REQUIRED FOR ALL SUBDIVISIONS Streets Subject to the provisions of Sec. 2, (a) of Article I and Sec. 81. of Article XI of this chapter, the following street improvements shall be installed and provided by the subdivider and shall be dedi- cated and conveyed or transferred and title shall vest in the political subdivision wherein the land lies: a) Cross drains and catch basins; b) Curbs and gutters; c) Street paving; d) Street name signs; and e) At least one (1) sidewalk on all collector and marginal access streets when, in the opinion of the Agent, pedestrian traffic volume is such or will be such that the lack of a sidewalk would endanger the public health, safety and welfare or hinder adequate pedestrian circulation within the subdivision Utilities Subject to the provisions of Sec. 2. (a) of Article I and Sec. B1. of Article XI of this chapter, the improvements listed below are required. Where installed upon property within the City at the time of construction, all such improvements shall be dedicated and conveyed or transferred to and the title shall vest in the City unless otherwise indicated on the recorded map of subdivision. Where installed upon property within the area of extraterritorial jurisdiction of the City in Roanoke County at the time of construction, all such improvements shall be dedicated and conveyed or transferred to and the title shall vest in the County of Roanoke or its authorized agencies unless other- wise indicated on the recorded map of subdivision. Nothing contained in this section is in any way intended to affect matters of litigation pending between local political subdivisions and/or their agencies at the time of enactment of'this ordinance before courts of competent jurisdiction relating to the ownership of improvements required by this section. a) Sanitary sewer system with home connections to the property line for each parcel and lot; b) Storm sewer system, and c) Water distribution system, including service laterals through the curb line for each parcel and lot, and fire hydrants. 315 Sec. 51. General Improvements Whenever and wherever conditions, as are caused or aggravated by reason of the subdivision of land hereunder, adversely affect the proper use or drainage of streets, highways, pedestrian ways, slopes or natural watercourses, or adversely affect the public health, safety or welfare, the following improvements may be required by the agents and engineers authorized to approve the plat, to be provided and in- stalled by the subdivider: a) On-tract and/or off-tract drainage or drainage structures necessary for the proper use and drainage of slopes, streets, highways and pedestrian ways, or for the public safety. b) Erosion - control planting. ARTICLE VII CONSTRUCTION STANDARDS Sec. 52. In General All improvements shall conform to standard specifications as set forth in these regulations and in "The Code of the City of Roanoke, Virginia, 1956", as amended, or in the event that no official or standard plan, specification or regulation has been adopted by the City regarding the installation of a particular improvement, then the improvement shall conform to the plan, specification and regulation then set forth by the City Engineer and/or the Agent. Sec. 53. Drainage Natural drainage channels existing within a subdivision shall be improved by the subdivider to specifications approved by the Agent and City Engineer if erosion, flooding, or hazard will be created by the continued existence thereof, as determined by the Agent and City Engineer. Sec. 54. Monuments Permanent reference monuments shall be placed as required by the City Engineer. Such permanent monuments shall be stone or concrete at least twenty-four (24) inches long and five (5) inches square or five (5) inches in diameter and shall be set to approved finished grade where practicable. Other points, such as street intersections and points of curve, lot corners and tangent points and angle points, shall be marked with a solid iron rod or an iron pipe not less than one-half (~) inch in diameter, at least two (2) feet long, driven flush with the ground. Monuments and iron pins shall be indicated on all plats. Removal of monuments or iron stakes and resetting by anyone other than the certified land surveyor is prohibited. Sec. 55. Slopes a) No existing slope or proposed cut slope shall be steeper than one and one-half (1~) horizontal to one (1) vertical. b) No fill slopes, existing or proposed shall be steeper than two (2) horizontal to one (1) vertical. All fill slopes created for the purpose of street or home construction shall have a compaction of not less than 95%. c) Slopes flatter than those set forth in the foregoing paragraphs may be required, when, in the opinion of the City Engineer, and general nature of the soil involved warrants a flatter slope. To control surface drainage on existing and proposed slopes, berm ditches may be required at the top and at the intersection of the slope and ground line. d) All slopes created or existing within the subdivision or as a result of the subdivision development sh'all be planted or otherwise protected from.erosion and failure. Such planting and other pro- tection from erosion and failure shall be completed and maintained for at least one (1) year after completion and shall be undertaken immediately upon creation of any slope steeper than two (2) horizontal feet to one (1) vertical and completed without delay in accordance with plans and specifications approved by the City Engineer. The subdivider shall not in any event transfer, sell or devest himself of the land without making said transfer subject to the subdivider's right to re-enter the land to carry out the fore- going provisions. In addition, the subdivider may be required to provide a fence or other protective device (e.g., hedge) along ridges of slopes exceeding twenty (20) vertical feet in height and with grades in excess of forty percent (40%) to prevent dangerous falls for children and other residents of the subdivision. 316 Sec. 56. Streets The improvement of all streets shall conform to the following minimum standards except where the adopted major Arterial Highway Plan or other element of the Master Plan, as amended, specifies higher standards in which case the higher standards shall apply: a) Arterial streets shall have a paved way width of not less than sixty (60) feet. b) Collector streets shall have a paved way width of not less than forty-six (46) feet. c) Local streets shall have a paved way of not less than thirty (30) feet. d) Hillside streets - In cases where the cross slope will not permit a greater width, the Agent may modify the foregoing standards for local and collector streets in a manner that will result in the best possible utilization of the land to be subdivided, giving consideration to the topography of the land and the general character and density of the proposed subdivision. e) Local and collector streets shall be paved with a two-inch (2") plant mix bituminous concrete surface installed on a five-inch (5") compacted stone base. Higher standards of paving may be used upon approval by the Agent and City Engineer. f) Curbs shall be a minimum of six inches (6") wide and one foot two inches (1'2") deep, battered, of Portland Cement Concrete, Gutters shall be two feet (2') wide and seven inches (7") deep of Portland Cemen't Concrete. Sec. 57. Sidewalks Sidewalks shall be a minimum of five feet (5') wide and four inches (4") deep with a slope of one quarter inch to one foot (~" : 1'-0") toward the paved way of the street. Scoremarks shall be spaced every five feet (5') and expansion joints every thirty feet (30'-0"). ARTICLE VIII DESIGN STANDARDS Sec. 58. In General The arrangement of lots, character of the subdivision, and extent, width, grade and location of all streets shall conform to the officially adopted master plan or parts, divisions or sections thereof and shall be considered in their relation to existing and planned streets, topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of adjacent land; provided, however, that the Agent may determine that the size or shape of the land, topography, proposed land use or other special conditions make compliance with all provisions of this article impractical and may make exceptions to provisions contained herein, provided such exceptions are not in conflict with provisions of other city ordinances. Sec. 59. Alleys Alleys serving primarily residential lots are prohibited in all new subdivisions. Alleys with a minimum width of twenty (20) feet may be required at t he rear of ali lots designated for business or industrial use. Dead-end alleys are prohibited. Sec. 60. Blocks Blocks longer than twelve hundred (1200) feet or shorter than three hundred sixty (360) feet between street intersections may be cause for disapproval of the preliminary plat. Pedestrian easements at least ten (10) feet wide dividing blocks longer than 900 feet may be required to permit adequate pedestrian circulation and access t o schools, shopping centers and other major community facilities. Such easements shall be indicated on the final plat. 317 Sec. 61. Sec. 62. Sec. 63. Lots The size of lots shall conform to the minimum area and frontage requirements of the zoning ordinance of the city or county wherein the proposed subdivision lies, and the setback or building line and sideyard shall conform to the minimum requirements of said ordinance(s); provided, however, that no residential lot shall be created with an area of less than 7000 sq. ft, or with a depth of less than one hundred (100) feet, or with less than 60 feet frontage, except as hereinafter provided: a) Lots having a depth of more than three (3) times their width may be cause for disapproval of the preliminary plan. b) Corner lots shall have an additional width of not less than ten (10) feet more than the minimum lot frontage require- ment as specified in the zoning ordinance to permit adequate building setback from side streets. c) All lots controlled by these regulations shall front on a public street or an acceptable private street if approved as such under the "Planned Unit Development" provisions contained in Section 29 of the Zoning Ordinance of the City of Roanoke. Double frontage lots, however, may be cause for disapproval of the preliminary plan. To avoid frontage on a heavily traveled artery or other dis- advantageous use, double frontage lots are acceptable if a planting screen is provided on an easement at least ten (10) feet in width, across which there shall be no right of access. Each irregular-shaped residential lot may be allowed a reduction of the minimum lot frontage requirements set forth in the zoning ordinance(s) of the city or county wherein the land lies, of no more than seventeen percent (17%), subject to the approval of the Agent; provided, however, that no irregular-shaped lot shall have less than fifty (50) feet of frontage or less than an average width of sixty (60) feet. d) Where no building or setback line requirements exist, a min- imum setback of twenty-five (25) feet shall be required in all cases of streets sixty (60) feet or more in width. Where a street is less than sixty (60) feet wide, the building or set- back line shall be a minimum of thirty (30) feet. e) No lot shall be divided by a city or county boundary line. f) At local street intersections, property lines shall be rounded by an arc having a radius of not less than twenty (20) feet. At all other street intersections, property lines shall be designed with a radius of not less than twenty-five (25) feet. g) Uninhabitable lots, such as lots or portions of lots subject to flooding or lots deemed by the Agent and the City Engineer to be uninhabitable, shall not be platted for residential occu- pancy, nor for such other uses as may increase danger to health, life or property or agoravate the flood hazard, but land within the subdivision shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions. Lots for non- residential occupancy shall be so labled, and the type of proposed usage shall be indicated on the preliminary and final plats. h) Each lot shall have usable vehicular access from its own lot frontage onto a dedicated city street, or an approved private street as allowed in Planned Unit Developments. i) Lot requirements for Planned Unit Developments are specified under Title XV, Article V, Sec. 29 of the Code of the City of Roanoke, 1956, as amended. Na me s No existing subdivision names in the metropolitan area shall be duplicated. Reserved Strips Reserved strips restricting access to streets, public ways, and easements shall not be permitted; provided, however, that this provision shall not prevent the creation of easements to prevent access for adjoining properties to major arterial highways. 318 Sec. 64. Sec. 65. Slopes No cut or fill slopes or existing unadjusted slope shall encroach on any street right-of-way within the subdivision. A slope between lots should be confined to the lower lot. Streets The design and layout of all streets shall conform to any and all duly adopted official master plans or portions or elements thereof for streets, highways and pedestrian ways. In addition: a) The street system in the proposed subdivision shall relate to the existing street system in ~e area adjoining the sub- division. When a new subdivision adjoins unsubdivided land susceptible of being subdivided, any new street within the subdivision determined necessary to serve the unsubdivided land shall be extended to the subdivision boundaries and terminated with a temporary turnaround. b) Design of streets where railroads, parkways, grade separations, or freeways are involved shall be subject to the special con- sideration required by the circumstances in each case. c) Street name signs of approved standard design shall be installed at ali street intersections. d) Each street or way which is to be deidcated and which is the continuation of or approximately the continuation of an exist- ing dedicated street or way shall be shown on the preliminary plat and final plat and shall be given the same name as such existing street or way. The proposed name(s) of other street(s) or way(s) shown on the preliminary plan shall be submitted to the Agent for his approval. If such name is not a duplication of or so nearly the same as to cause confusion with the name of an existing street or way located in the metropolitan area, or in close proximity thereto, and if such name is appropriate for a street name, such name shall be approved by him. When such street or way forms a portion of any proposed street or way ordered by the Agent to be surveyed, opened, widened or improved, and in such order a name therefor is assigned or designated, the name of such street or way shown on the final plat shall be the same as the name contained in such order. In addition, where practicable, all streets in a subdivision running in a general direction east and west, shall be de- signated as avenues and so named. Ail streets running in a general direction, north and south,.shall be designated as streets and so named or numbered; and all streets having a winding course shall be known as roads or boulevards, except where such deisgnations are contrary to the general pattern of streets in the area, e) Where practicable, when a building or structure is erected on any land covered by these regulations, the number assigned shall conform to the existing house numbering system. f) Whenever a proposed subdivision abuts a road which is included in the state system of primary highways, an access road ex- tending the full length of the subdivision along such highway and providing limited access thereto may be required at a distance suitable for the appropriate use of the land between such access road and highway. g) Cul-de-sac or permanent dead-end streets shall be terminated by a turn-around, separated by the depth of one (1) lot from the exterior boundary or topographical boundary of the sub- division. Cul-de-sac streets shall not exceed six hundred (600) feet in length and shall terminate in a circular right- of-way with a minimum diameter of one hundred (100) feet. Non-circular turn-around designs may be used if acceptable to the Agent, City Engineer and Fire Chief. h) i) Half-width streets shall not be permitted. A street grade exceeding the following requirements will be approved only when conclusive evidence shows that a lesser grade is impractical: (1) Arterial and collector streets - seven (7) percent grade. (2) Local streets - ten (10) percent grade. (3) Ail street grades shall be no less than five-tenths (5/10) percent. (4) Grades approaching intersections shall not exceed five (5) percent for a distance of not less than eighty-five (85) feet, measured from the nearest right-of-way line at the point of intersection. 3i9 j) k) l) m) Curved local streets in comparatively level locations (i.e,, a cross slope range of 0% to 8%) shall have a center line radius of not less than two hundred fifty (250) feet and in rolling and hilly terrain (i.e., a cross slope of over 8%) a center line radius of not less than one hundred fifty (150) feet. The minimum sight distance for vertical curves on local streets shall be one hundred fifty (150) feet, Curved collector and arterial streets in comparatively level locations (i,e~, a cross slope range of 0% to 8%) shall have a center line radius of not less than three hundred fifty (350) feet and in rolling and hilly terrain (i.e., a cross slope range over 8%) a center line radius of not less than two hundred (200) feet. The minimum sight distance for vertical curves on collector streets shall be two hundred (200) feet. Between reverse curves, there shall be a tangent having a length of not less than the following: Arterial streets - two hundred (200) feet. Local and collector streets - one hundred (100) feet. As far as practicable all proposed streets shall be continuous and made to connect with existing streets without off-set. In all cases of off-sets, center line jogs of less than one hundred twenty-five (125) feet shall not be permitted. All street intersections and junctions shall be at approximately right angles but not less than 60° unless otherwise approved, for good cause shown, by the City Engineer and Agent. In addition, at ali street intersections and junctions, there shall be a sight distance of at least one hundred twenty-five (125) feet in all street directions. Sec. 66. Utilities a) Overhead utility lines shall be located at the rear of all lots except where topographical or other conditions make this impracti- cable, in which event overhead utility lines shall be located on either side of side lot lines or at such other locations as may be approved by the utility companies involved. Underground wiring is strongly encouraged for ali subdivisions. b) The facilities for underground utilities such as sewer and water, including sewer and water laterals to each lot line when laid in streets, shall be in place prior to final surfacing of streets. All facilities for utilities shall, where possible, be placed in easements provided for that purpose in the subdivision, or located as approved by the Agent and City Engineer. c) The subdivider shall install sewer mains and sewer laterals, extended to the property line of each lot, in accordance with size, depth and profile approved by the Agent and City Engineer. d) In cases where public water and sewer services are not available, the following criteria for lot sizes shall apply: (1) (2) Public water or sewer - fifteen thousand (15,000) square feet. Neither public water nor sewer - twenty thousand (20,000) square feet. e) Design criteria for storm drain facilities shall conform to standards and specifications prepared by the office of the City Engineer; in general said standards and specifications are in accordance with requirements of the Virginia Department of Highways. ART ICLE IX Sec. 67. Streets a) DEDICATION AND RESERVATION All land designated for street purposes or street widening shall be laid out and shown on the map of subdivision and shall have provided therefor rights-of-way not less than the following widths: 32O Sec. 68. Sec. 69. Sec. 70. (i) (2) Arterial streets shall have a right-of-way of not less than eighty (80) feet, or of such width as is shown therefor on the Major Arterial Highway Plan, 1963, as amended, whichever is the greatest. Collector streets shall have a street right-of-way of sixty-six (66) feet. (3) Local streets shall have a street right-of-way of fifty (50) feet. b) All streets which are designated as part of the major arterial highway system on an official adopted master plan or part, division or section thereof, as amended, shall be coordinated with adjoining links in said system and dedicated at the same or greater widths. The subdivider shall not be required to expend on improvement of any right-of-way provided for an arterial highway or street an amount exceeding the cost of constructing a collector street at the standards set forth for collector streets in this chapter. Drainage Easements All drainage easements offered for dedication to public use shall have a minimum width of ten (10) feet, except under unusual circumstances, where a greater or lesser width may be required and/or approved. The City may or may not accept an easement for drainage maintenance purposes over or along a creek or natural drainage channel, Utility Easements Utility easements for electric and telephone service lines, sewage lines, water lines, or other such utilities located along rear lot lines or side lot lines or passing through a lot shall be at least fifteen (15) feet wide, seven and one-half (7~) feet on each lot, and more if necessary, as determined by the Agent and City Engineer. Open Space a) Subdividers are urged to take advantage of the many new concept of subdivision design to provide the much needed open space in residential areas. Reservation of open space, as provided for below, and provisions for planned unit developments in the Zoning Ordinance of the City of Roanoke, Virginia, are designed to pro- vide this open space in new residential subdivisions. b) To insure the proper and adequate development of parks and playgrounds and to protect the public health, safety and welfare, the Agent, with the approval of the City Council expressed by ordinance or resolution, may require subdividers of residential subdivisions to reserve from subdivision and so indicate by plat, land for public parks, playgrounds, schools, libraries, municipal buildings, and similar public and semi-public uses, within the City; provided, however, that subdividers may not be required to reserve more than twenty (20) percent of the total amount of acreag of the subdivision for such public purposes. Subdividers shall be reimbursed by the City for the value of all land so required to be shown reserved for such public purposes, provided that the City shall, within fourteen (I4) months following the recordation of the map of subdivision, elect to purchase and acquire the land so reserved by the subdivider. The amount of reimbursement to the subdivider by the City, if all such land shall have been purchased and acquired by the subdivider within eighteen (18) months prior to the recorda~on of the map of subdivision, shall be an amount which bears the same relationship to the subdivider's total purchase price of the land to be subdivided as does the area required to be reserved bear to the whole area of land which is proposed to be subdivided. In the event that any portion of the land to be subdivided was acquired more than eighteen (lB) months prior to the submission of a preliminary plat, reimbursement shall be based on agreed appraised land values at the time of submission of the preliminary plat. To facilitate such possible eventual sale of reserved land as separate lots, the subdivider shall show on his final plat, by dotted lines, the area and dimensions of lots to be created within the boundaries of any such reserved land, and may sell such lots, after the expiration date of the reservation, by lot number, without filing an amended plat. The Agent shall make certain that lands so reserved are divisible in the same manner as the remainder of the subdivision so that the subdivider will not be required to reserve an unusable portion of his subdivision. 321 Sec. 71. ART ICLE X Sec. 72. Sec. 73. Sec. 74. Sec. 75. Sec. 76. Sec. 77. Sec. 78. Zoning Nothing herein shall be construed to mean that land may be set aside for commercial purposes in a residential district, without the land so required for commercial use being zoned appropriately in accordance with the zoning ordinance of the city or county within which the land lies. CONSTRUCTION SCHEDULE Prior Approval No construction activity of any kind, including grading, installa- tion of improvements, and building shall begin on any land subject to these regulations without prior approval of the Preliminary Plat by the Agent and City Engineer. In cases where a gradinq plan is required, approval of the grading plan by the Aqent and City Engineer ~ prerequisite to approval of the preliminary plat. Grading Grading operations may be~in following approval of the pre- liminary plat; provided, however, that such grading shall not be com- menced until the subdivider has executed an agreement with the City in which he agrees to (1) satisfactorily complete all grading within the time specified, (2) plant, in accordance with plans and specifications approved by the City Engineer, alI slopes in excess of two horizontal feet to one vertical foot and maintain such planning for a period of not less than one year, (3) install ali required street and utility plans and specifications of the City Engineer and Agent, and (4) indemnify and hold harmless the City, City Officials, agents of the City and City employees from any suit, claim or action for damages or any cost incurred by the City as a consequence of failure on the part of the subdivider to comply with the terms of the agreement. Agreements and Bonds Ail physical improvements required by the provisions of this chapter for the subdivision as platted shali be installed therein and thereon at the expense of the subdivider; and pending such actual installation thereof, the subdivider shall execute and file with the City Clerk, prior to approval of final plan, an agreement and bond (or agreements and bonds) in an amount determined by the Agent and the City Engineer equal to the approximate total cost of such improvements with surety approved by the City Auditor and the City Attorney, guaranteeing that the required improvements will be properly and satisfactorily installed within a designated reasonable length of time, not to exceed two years. However, in lieu of such bond, the subdivider may place with the City in escrow such security as may be approved by the City Auditor and the City Attorney upon the same conditions. Inspections Periodic inspection during the installation of the physical im- provements in a subdivision shall be made by a duly authorized City Official to insure conformity with the approved plans and specifications. The subdivider shall notify the proper administrative officers when each phase of the installation is completed and ready for inspection. Sale and Transfer No lot or parcel of land shall be sold or transferred or a building permit issued until the final subdivision plat, of which said lot or parcel is a part, shall have been approved and recorded as provided for in this chapter. Building Permits The Building Commissioner for the City shall not issue any permit for the erection of any building or structure to be located in any sub- division plat, a plat whereof is required to be recorded pursuant to the provisions of this chapter, until such plat shall have been admitted to record as provided for in this chapter. Occupancy No dwelling within the City may be occupied for dwelling purposes until all required utility installations, including the water supply and sanitary sewer systems, have been completed to the satisfaction of the City Engineer and the Building Commissioner. 322 Sec. 79. Certificates of ApprovaI Upon satisfactory completion of installation of the required improvements in a subdivision, the subdivider, or his agent, shall be issued a cer{ificate of approval by the administrative officers charged with the responsibility for each of the various types of improvements. Such certificates shall operate as evidence for the release of the required agreement and bond (or agreements.and bonds) as provided for in the preceding paragraphs, or security placed in escrow in lieu thereof, furnished for the guarantee of satisfactory installations of such improvements. ARTICLE XI EXTRATERRITORIAL AREA In the administration and enforcement of the regulations con- tained in this chapter insofar as they apply to land outside the cor- porate limits of the City of Roanoke within the area of extraterritorial jurisdiction set out in Sec, 2 (a) of Article I, hereof, the following rules shall be understood to apply, namely: Sec. 80. That the zoning regulations of the City of Roanoke have no extra- territorial effect beyond the corporate limits of said City, but that the zoning regulations of Roanoke County apply to and control the use of land located in said County, Sec. 81. That physical improvements as set out in Sec. 49. and Sec. 50., of Article VI, of this chapter, shall not be required to be constructed or installed under the administration and enforcement of this chapter within subdivisions, or portions thereof, situated within the extra- territorial jurisdiction of the City heretofore definded. Construction or installation of any or all such physical improvements within such extraterritorial jurisdiction shall be in accordance with the require- ments of the Roanoke County Land Subdivision Ordinance adopted July 10, 1954, as thereafter may be amended, or any other applicable laws, ordinances or regulations other than those of the City. Any require- ments for such improvements shall be determined by those persons having responsibility for the administration, supervision or enforcement of the County Subdivision Ordinance or other applicable laws, ordinances or regulations. Sec. 82. Improvements in the nature of street grading, storm drainage and erosion-control planting, as set out in Sec. 51., of Article VI, of this chapter, shall be required of subdivisions located within the extraterritorial jurisdiction of the City, and such improvements shall be constructed, installed and maintained in accordance with the applicabl standards, specification and procedures set out in this chapter, subject to the provisions of Sec. 84., of Article XI, of this chapter. Sec. 83. That the recordation of every plat of subdivision of land lying partly or wholly within the area of extraterritorial'jurisdiction of the City of Roanoke shall operate to transfer in fee simple to the City of Roanoke such portion of the premises platted as is situated in the City of Roanoke and is set apart for streets, alleys or other public use, and to transfer to said C~y of Roanoke such easements as are indicat ed on said plat and are situated in said City ~ Roanoke; and shall operate to transfer in fee simple to the County of Roanoke such portion of the premises platted as is situated in Roanoke County and is set apart for streets, alleys or other public use, and to transfer to said County of Roanoke such easements as are indicated on said plat and are situated in Roanoke County; unless otherwise expressly shown and in- dicated on the recorded plat of subdivision. Sec. 84. Where specifications or requirements of the Virginia Department of Highways with respect to the width of right-of-way, grade, drainage, sight distance or alingment of streets or public roads are applicable to land under subdivision, then those specifications and requirements or the specifications and requirements of this chapter, whichever are more restrictive or reflect a higher standard, shall control and shall be applied. Sec. 85. That coordination be maintained between the Roanoke City Planning Commission and the Roanoke County Planning Commission and their respec- tive agents with respect to proposed subdivision development within the area of extraterritorial jurisdiction set out in Sec. 2 (a) of Article I of this chapter. ARTICLE XII APPEALS, VIOLATIONS AND PENALTY Sec. 86. Appeals The following procedure shall be observed in appealing a decision made by the Planning Commission: 323 a) Any person, or persons, jointly or severally aggrieved by any final decision of the Planning Commission under this chapter may present to a court of record within the City, if the land be located wholly or partly within the City, or the Circuit Court of the county in which the land lies, a petition, duly certified, setting forth that such decision is illegal in whole or in part, specifying the ground of illegality. Such petition shall be presented to the court within thirty (30) days after the date of the final decision of said Planning Commission, b) Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Planning Commission to review such decision of the said Planning Commission and shall prescribe therein the time within which a return thereto must be made and served upon the land owner or his attorney, which shall not be less than ten days, and may be extended by the court. c) The Planning Commission shall not be required to return the original papers acted upon by it, but it shall be sufficient to return the certified or sworn copies thereof or of such portion: thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. d) If, upon the hearing, it shall appear to the court that testimony be necessary for the proper disposition of the matter, it may take evidence to appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and con- clusions of law, which will constitute a part of the decision upon which a determination of the court may be made. The court may affirm or reverse, wholly or partly, or may modify the decision brought up for review. e) Costs shall not be allowed against the Planning Commission, unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. Sec. 87. Violations In case of any violation or attempted violation of the provisions of this chapter, the Agent, in addition to other remedies, may institute any appropriate action or proceeding to prevent such violation, Or attempted violation; to res~ain, correct, or abate such violation or attempted violation; or to prevent any act which would constitute such a violation. Sec. 88. Penalty Any owner or proprietor of any tract of land who subdivides that tract of land and who violates any of the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of not less than ten (10) dollars and not more than two hundred and fifty (250) dollars, and each day after the first, during which such violation shall continue, shall constitute a separate violation. ARTICLE XIII SEPARABILITY AND CITATION Sec. 89. Separability Should any sentence, section, subsection or provision of this chapter, or application of a provision of this chapter, be uncon- stitutional or invalid, such declaration shall not affect or impair the validity of the remainder of said chapter or the chapter as a whole, or any part thereof, other than the part of application so declared to be unconstitutional or invalid, and the Council declares that it would have adopted the remainder of said chapter despite such invalid provision. Sec. 90.. Citation Citation of Chapter 2.1 of Title XVI of the Code of the City of Roanoke, 1956, as amended, as the same is from time to time amended, shall be known, designated and cited as the "1968 Sub- division Ordinance of the City of Roanoke." 324 I! BE IT FURTHER ORDAINED that this ordinance shall be in force and effect from and after thirty (30) days from the date of its passage. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1968. No. 18344. A RESOLUTION approving the Redevelopment Plan and the feasibility of relocation for the Kimball Redevelopment Project, Project No. VA. R-46. WHEREAS, under the provisions of Title I of the Housing Act of 1949, as amended, the Secretary of Housing and Urban Development is authorized to provide financial assistance to Local Public Agencies for undertaking and carrying out redevelopment projects; and WHEREAS, it is provided in such Act that contracts for financial aid thereunder shall require that the Redevelopment Plan for the respective project area be approved by the governing body of the locality in which the project is situated and that such approval include findings by the governing body that: (1) the financial aid to be provided in the contract is necessary to enable the project to be undertaken in accordance with the Redevelopment Plan; (2) the Redevelopment Plan will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the redevelopment of the redevelopment area by private enterprise; (3) the Redevelopment Plan conforms to a general plan for the develop- ment of the locality as a whole; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority (herein called the "Local Public Agency") has entered into a planning contract for financia assistance under such Act with the United States of America, acting by and through the Secretary of Housing and Urban Development, pursuant to which Federal funds were provided for a redevelopment project (herein called the "Project") identified as "The Kimball Redevelopment Project, Project No. VA. R-46", and encompassing the area located in the City of Roanoke, State of Virginia (herein called the "Locality described as follows: BEGINNING at the intersection of the north side of Walker Avenue, N. E. and the west side of Fifth Street, N. E.; thence northerly along the west side of Fifth Street, N. E. to its intersection with the north side of Gregory Avenue, N. E.; thence easterly along the north side of Gregory Avenue, N. E. approximately 130 feet to a property corner; thence northerly along property lines approximately 390 feet to the south side of McDowell Avenue, N. E.; thence westerly along the south side of McDowell Avenue, N. E. approximately 75 feet to the west side of McDowell Avenue, N. E., said west side being the end of McDowell Avenue, N. E.; thence northerly along the west 325 side of McDowell Avenue, N. E. to the north side of McDowe11 Avenue, N. E.; thence easterly along the north side of McDowell Avenue, N. E. approximately 40 feet to a property corner; thence northerly along a property line and property line extended approximately 75 feet to the north side of an alley; thence easterly along the north side of said alley to the west side of Sixth Street, N. E.; thence northerly along the west side of Sixth Street, N. E. and continuing along a property line approximately 90 feet to a property corner; thence north- westerly along a property line and continuing along the south- west side of Rockview Avenue, N. E. approximately 125 feet to the west side of Rockview Avenue, N. E., said west side being the west end of Rockview Avenue, N. E.; thence northerly along the west side of Rockview Avenue, N. E. approximately 10 feet to a property corner; thence northwesterly along property lines approximately 165 feet to a property corner; thence northerly along a property line approximately 50 feet to a property corner; thence easterly along a property line approximately 35 feet to a property corner; thence northerly along a property line and property line extended approximately 210 feet to the north side of Orange Avenue, N. E.; thence easterly along the north side of Orange Avenue, N. E. approximately 270 feet to a property corner; thence northerly along a property line to the south side of Louisiana Avenue, N. E.; thence easterly along the south side of Louisiana Avenue, N. E. approximately 120 feet to a point; thence northerly across Louisiana Avenue, N. E. along a line and property line approximately ].75 feet to the south side of an alley; thence easterly along the south side of said alley approximately 495 feet to a property corner; thence southerly along a property line, property line, extended, and property lines approximately 430 feet to the north side of Orange Avenue, N. E.; thence in an easterly direction along the north side of Orange Avenue, N. E. to the west right-of-way line of the Norfolk and Western Railroad; thence southerly along the west right-of-way line of the Norfolk and Western Railroad to the south side of McBowell Avenue, N. E.; thence westerly along the south side of McDowell Avenue, N. E. to the east side of Seventh Street, N. E.; thence southerly along the east side of Seventh Street, N. E. to the southeast side of Kimball Avenue, N. E.; thence southwesterly along the southeast side of Kimball Avenue, N. E. to the north side of Harrison Avenue, N. E.; thence southerly along the east, side of Harrison Avenue, N. E., said east side being the east end of Harrison Avenue, N. E., and continuing along property lines to the centerline of Patton Avenue, N. E.; thence easterly along the centerline of Patton Avenue, N. E. to the centerline of Shenandoah Avenue, N. E.; thence southerly, southwesterly, and westerly along the centerline of Shenandoah Avenue, N. E. to the west side of Fourth Street, N. E.; thence northerly along the west side of Fourth Street, N. E. to the centerline of Gilmer Avenue, N. E.; thence westerly along the centerline of Gilmer Avenue, N. E. to the west side of Gilmer Avenue, N. E., said west side being the west end of a cul-de-sac; thence generally in a southerly direction along the west end of said cul-de-sac approximately 30 feet to a property corner; thence westerly along a property line approximately 35 feet to the east right-of-way line of Interstate Route 581; thence generally in a northerly direction along the east side of Interstate Route 581 approximately 395 feet to a property corner; thence easterly along a property line approximately 95 feet to a property corner; thence northerly along a property line approximately 110 feet to a property corner; thence easterly along a property line approximately 50 feet to the west side of Fourth Street, N. E.; thence northerly along the west side of Fourth Street, N. E. to the north side of Harrison Avenue, N. E.; thence northerly along property lines approximately 255 feet to a point on the north side of Rutherford Avenue, N. E. extended; thence easterly along the north side of Rutherford Avenue, N. E. extended approximately 15 feet to the east side of Williamson Road, N. E.; thence generally in a northerly direction along the east side of Williamson Road, N. E. approximately 235 feet to a property corner; thence easterly along a line approximately 120 feet to the west side of Walker Avenue, N. E., said west side being the west end of Walker Avenue, N. E.; thence northerly along the west side of Walker Avenue, N. E. to the north side of Walker Avenue, N. E.; thence easterly along the north side of Walker Avenue, N. E. to the place of BEGINNING. This area contains 79.8 acres more or less. and 326 WHEREAS, the Local Public Agency has applied for additional financial assistance under such Act and proposes to enter into an additional contract or contracts with the United States of America through the Department of Housing and Urban Development for the undertaking of, and for securing additional financial assistance for, the Project; and WHEREAS, the Local Public Agency has made detailed studies of the location, physical condition of structures, land use, environmental influences, and social, cultural and economic conditions of the said Project area and has determined that the area is a blighted, deteriorated or deteriorating area, and that it is detrimental and a menace to the safety, health, and welfare of the inhabitants and users thereof and of the locality at large because of dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of venitlation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete street and lot layout, diverse ownership of land, or any combination of these or other factors, and the members of this governing body have been fully apprised by the Local Public Agency and are aware of these facts and conditions; and a detailed inspection of and report on the exterior and interior of each building in the project area was made by a private building inspector engaged by the Local PUblic Agency with said buildings being inspected on the basis of local and nationally accepted building code standards; and upon said inspections and reports the condition of dilapidation of each building was determined and classified by the consulting engineer for the project; and WHEREAS, said inspection and report reveal that 377 buildings of the total 390 buildings, or 96.7%, were substandard with deficiencies and 356 of the buildings with deficiencies, or 91.3% of the total number of buildings, were classi- fied as structurally substandard to a degree requiring clearance or dilapidated; and WHEREAS, there has been prepared and referred to the Council of the City of Roanoke, Virginia (herein called the "Governing Body") for review and approval a Redevelopment Plan for the Kimball Redevelopment Project area, dated October 1, 1968, and consisting of 13 pages and 2 exhibits, a copy of which is on file in the office of the City Clerk; and WHEREAS, the Redevelopment Plan has been approved by the Governing Body of the Local Public Agency, as evidenced by the copy of said Body's duly certified resolution approving the Redevelopment Plan, which is on file in the office of the City Clerk; and WHEREAS, a comprehensive Master Plan has been prepared and is recognized and used as a guide for the general development of the Locality as a whole; and WHEREAS, the Department of City Planning, which is the duly designated and acting official planning body for the Locality, has submitted to the Governing Body its report and recommendations respecting the Redevelopment Plan for the Project area and has certified that the Redevelopment Plan conforms to the comprehensive Master Plan for the Locality as a whole, and the Governing Body has duly considered the report, recommendations, and certification of the plannin.~ body; and 327 WHEREAS, the Redevelopment Plan for the Project area prescribes certain land uses for the Project area and will require, among other things, changes in zoning, the vacating and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and mains and other public facilities, and other public action; and WHEREAS, the Commissioners of the City of Roanoke Redevelopment and Housing Authority have caused to be made a competent independent analysis of the local supply of hotel and other transient housing; and WHEREAS, the Local Public Agency has prepared and submitted a program for the relocation of individuals and families that may be displaced as a result of carrying out the Project in accordance with the Redevelopment Plan, a copy of which program is on file in the office of the City Clerk; and WHEREAS, there have also been presented to the Governing Body informa- tion and data respecting the relocation program which has been prepared by the Local Public Agency as a result of studies, surveys, and inspections in the Project area and the assembling and analysis of the data and information obtained from such studies, surveys, and inspections, a copy of which information and data is on file in the office of the City Clerk; and WHEREAS, the members of the Governing Body have general knowledge of the conditions prevailing in the Project area and of the availability of proper housing in the Locality for the relocation of individuals and families that may be displaced from the Project area and, in the light of such knowledge of local housin, conditions, have carefully considered and reviewed such proposals for relocation; a WHEREAS, it is necessary that the Governing Body take appropriate official action respecting the relocation program and the Redevelopment Plan for the Project, in conformity with the contracts for financial assistance between the Local Public Agency and the United States of America, acting by and through the Secretary of Housin9 and Urban Development; and WHEREAS, the Governing Body in cognizant of the conditions that are imposed in the undertaking and carrying out of redevelopment projects with Federal financial assistance under Title I, includin9 those prohibiting discrimination because of race, color, creed, or national origin: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, as follows: 1. That it is hereby found and determined that the Kimball Redevelop- ment Project area is a blighted, deteriorated, or deteriorating area which, for the reasons hereinabove enumerated, is detrimental to the safety, health, morals or welfare of this community and qualifies as an eligible Project area under Section 36-1 through 36-55 of the Code of Virginia, as amended. 2. That the Redevelopment Plan for the Kimball Redevelopment Project area, hereinbefore referred to, having been duly reviewed and considered, is hereby approved, and the City Clerk be and is hereby directed to file said copy of the Redevelopment Plan with the minutes of this meeting. 328 3. That it is hereby found and determined that the objectives of the Redevelopment Plan cannot be achieved through rehabilitation of the Project area. 4. That it is hereby found and determined that the aforesaid Redevelop- ment Plan for the Project area conforms to the comprehensive Master Plan of the Locality. 5. That it is hereby found and determined that the financial aid provided and to be provided pursuant to the contracts for Federal financial assis- tance pertaining to the Project is necessary to enable the Project to be undertaken in accordance with the Redevelopment Plan for the Project area. 6. That it is hereby found and determined that the Redevelopment Plan for said Redevelopment Area will afford maximum opportunity, consistent with the sound needs of the Locality as a whole, for the redevelopment of the Area by private enterprise. 7. That it is hereby found and determined, as a result of a competent independent analysis of the local supply of transient housing, that there exists in the area a need for additional units of such housino. 8. That it is hereby found and determined that the program for the proper relocation of individuals and families displaced in carryino out the Project in decent, safe, and sanitary dwellinos in conformity with acceptable standards is feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the Project; and that such dwellings or dwelling units available or to be made available to such displaced individuals and families are at least equal in number to the number of displaced individuals and families, are not general less desirable in regard to public utilities and public and commercial facilities than the dwellinos of the displaced individuals and families in the Project area, are available at rents or prices within the financial means of the displaced individuals and families, and are reasonably accessible to their places of employme 9. That, in order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved, it is found and determined that certain official action must be taken by this Body with reference, among other thinos, to changes in zoning, the vacatino and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action, and, according- ly, this Body hereby (a) pledges its cooperation in helping to carry out the Redevelo - merit Plan; (b) requests the various officials, departments, boards, and aoencies of the Locality having administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Redevelopment Plan; and (c) stands ready to consider and take appropriate action upon proposals and measures desioned to effectuate the Redevelopment Plan; and 10. That additional financial assistance under the provisions of Title I of the Housing Act o.f 1949, as amended, is necessary to enable the land in the Projec 329 area to be renewed in accordance with the Redevelopment Plan for the Project area and, accordingly, the filing by the Local Public Agency of an application or appli- cations for such financial assistance under Title I is hereby approved. ATTEST: '~/ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1968. No. 18345. AN ORDINANCE to amend and reordain Section =27000, "Schools - Project Act," and Section =28000, "Schools - Project Second Step," of the 1968-69 Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of' the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~27000, "Schools - Project Ac't," and Section ~28000 "Schools - Project Seconc Step," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - PROJECT ACT '~27000 Personal Services (1) ' ' $ 26,633,90 Supplies (2) ...................................... Health Services ................................... Travel (3) ........................................ Operation of Plant (4) ............................. Fixed Charges (5) ................................. Food Services ..................................... Capital Outlay (6) ................................ Equipment (7) ..................................... 7,021 56 193 30 962 50 183 53 4,541 74 600 O0 20,300 O0 23 80 SCHOOLS - PROJECT SECOND STEP ~:2BO00 Personal Services (8) ............................. $ 61,426 91 Supplies (9) ...................................... Health Services ................................... Travel (i0) ....................................... Fixed Charges (11) ................................ Food Equipment ......................................... 49,281 42 407 43 3,859 40 7,885 33 2,829 41 334 22 (1) Net increase ......... (2) Net decrease (3) Net decrease (4) Net decrease - (5) Net increase (6) Net increase (7) Net decrease (B) Net decrease (9) Net decrease (10) Net increase (11) Net decrease 25 2,300 45O 20,300 5OO 13,166 6,050 25 3,65O $ 5,766.00 850 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 330 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 196B. No. 1B346. AN ORDINANCE to amend and reordain Section ¢45000, "Schools - Project Act," and Section ¢46000, "Schools - Project Second Step," of the 1966-69 Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of, Roanoke that Section ¢45000, "Schools - Project Act," and Section ~46000, "Schools - Project Second Step," of the 1968-69 Appropriation Ordinance, be, and the same is hereby amended and reordained to read as follow!s, in part: SCHOOLS - PROJECT ACT ~45000 Personal Services Supplies Health Services Travel Operation ....................................... Fixed Charges ................................... Equipment O0 00 00 00 00 00 00 SCHOOLS - PROJECT SECOND STEP ~t46000 Personal Services (I) ........................... $366 557 O0 Supplies (2) .................................... Health Services .................................. Travel (4) ...................................... Operations (5) .................................. Fixed CharGes (6) ............................... Community Services (7) .......................... Capital Outlay (B) .............................. Equipment (9) ................................... 17 149 O0 6 000 O0 3 325 O0 2 450 O0 28 756 O0 1 800 O0 9 466 O0 11 800 O0 (1) Net (2) Net (3) Net (4) Net (5) Net (6) Net (7) Net (8) .Net (9) Net ncrease increase ...... increase increase -- increase increase -- increase increase ncrease $1 O9 849 O0 2 649 O0 2 000 O0 i 355 O0 2 45O O0 14 110 O0 1 800 O0 9 466 O0 3 700 O0 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect frOm its passage. APPROVED ATTE ST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1968. No. 18347. AN ORDINANCE to amend and reordain Section ~36000, "Schools - Headstart, of the 1968-69 Appropriation Ordinance, and providing for an emergency. 331 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~36000, "Schools - Headstart," of the 1966-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - HEADSTART ~36000 Personal Services ........................... $ 400.00 Supplies ..................................... 766.09 Transpormtion Services ...................... 2,354.48 Fixed Charges ............................... 422.66 Other Costs ................................. 384,77 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, I96B. No. 18348. A RESOLUTION authorizing'the acceptance of a certain award made by commissioners in condemnation proceedings brouoht for the acquisition of Parcel 033 being acquired for the City's U. S. Route 220 - Franklin Road, S. W., Project. WHEREAS, the Council having heretofore directed by Ordinance No. 1B037 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 pay- merit of the sum of $1,675.00 therefor out of appropriations made by the Council for the project; and commissioners appointed by the Court of Law and Chancery of the City of ROanoke in the 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 the total sum of $4,400.00, said award being $2,725.00 in excess of the amount heretofore authoirzed to be paid for said property; and the Council having appropriated contemporaneously herewith an additional sum 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. 332 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth accept the report and award recently made by Court-appointed commissi ers in condemnation proceedings brought and conducted in the Court of Law and Chance of the City of Roanoke to acquire for the City Parcel 033 as shown on the plans of the City's U. S. Route 220 Project 0220-128-102, RW-201, and said Council doth hereby authorize and direct the City Auditor to draw and deliver to the City Attorney the City's check, payable to the Clerk of the aforesaid Court, for the additional sum of $2,725.00, 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 condemnation proceedings. ATTEST: · City Clerk A P P.R 0 V E D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 196B. No. 18349. AN ORDINANCE providing for the purchase and acquisition of twenty-seven (27) new two-way radios for use in various City vehicles, by accepting the proposal of Motorola Communications and Electronics, Incorporated, upon certain terms and provisions; rejecting another bid made to the City; and providing for an emergency. WHEREAS, at the Council's meeting held September 30, 1968, and after proper advertisement had been made therefor, two (2) bids for the sale and delivery to the City of twenty-seven (27) new two-way radios hereinafter authorized to be purchased were opened and read before the Council, whereupon both said bids were referred to a committee to be tabulated and studied, with report thereon to be made back to the Council; and WHEREAS, said committee has reported in writing to the Council its tabulation of both 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 City's specifications made and required for such equipment; and sufficient funds have been appropriated to provide for payment of the radios hereinafter authorized to be purchased; and WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist in order that this ordinance take effect upon its passage. 333 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Motorola Communications and Electronics, Incorporated, to furnish, sell and deliver to the City twenty new two-way radios for use in certain City automobiles for the sum of $9,659.00, and seven new two-way radios for use in City-owned motorcycles for the sum of $6,069,00, meetinq or exceeding the City's specifications made for said equipment, for a total net purchase price of $15,728.00, cash, be, and said proposal is hereby ACCEPTED; and the City's Purchasing Agent is hereby authorized and directed to issue to Motorola Communications and Electronics, Incor- porated, the City's purchase order for the aforesaid new equipment, incorporatinq into said purchase order the City's aforesaid specifications, said bidder's proposal, quarantees and warranties, and the provisions of this ordinance; and upon delivery to the City and said City's acceptance of said new equipment, the proper City officials shall be, and are hereby authorized to make payment to said supplier of the net sum of $15,728.00. 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 REJECTED; and the City Clerk shall so notify said other bidder and, in so doinq, express the City's appreciation of said bid. BE IT FURTHER ORDAINED that, an emersency existino, this ordinance shall be in force and effect upon its passaoe. APPROVED ATTEST: 7 May or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1968. No. 18350. AN ORDINANCE providing for the purchase of one (1) new steel wheeled ompactor upon certain terms and conditions; accepting a certain bid made to the ity for furnishing and delivering said equipment; rejecting certain other bids made o the City; and providino for an emergency. WHEREAS, at a meeting of the Council held on September 30, 1968, and fter due and proper public advertisement had been made therefor, certain bids for he supply to the City of the vehicle hereinafter described were opened and read ,clare the Council, whereupon all said bids were referred to a committee appointed ~y the Council to tabulate and study said bids and to make report and recommendation hereon to the Council; and WHEREAS, said committee has reported to the Council in writing its abulation and recommendations on said bids, from which it appears to the Council that 334 the proposal hereinafter accepted represents the lowest and best bid made to the City for the supply of said vehicle and should be accepted; and that all other said bids should be rejected; funds sufficient to pay the cost of said equipment 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of The Tidy Corporation made to the City, offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, one (1) new FWD Wagner Model SF-17 steel ~heele compactor, fully meeting all of said City's specifications and requirements made therefor, for. a total purchase price of $48,221.21, cash, less one percentum (1%) if paid within ten days after date o'f delivery, making a net purchase price of $47,739.00, if paid within the aforesaid ten days, be, and said bid is hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereby authorized and direct ed to issue the requisite purchase order therefor, incorporating into said order the City's aforesaid specifications, the terms of said bidder's proposal, and the terms and provisions of this ordinance; the cost of said vehicle, when delivered, to be paid for out of funds heretofore appropriated for the purpose; and upon delivery to the City of the aforesaid 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. BE IT FURTHER ORDAINED that all 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 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 ROANOKE, VIRGINIA, The 7th day of October, 1968. No. 18351. AN ORDINANCE providing for the City's purchase of certain coal require- ments for the period from October 1, 1968, through September 30, 1969; accepting certain bids made to the City for the supply of same and rejecting certain othe~ bids; and providing for an emergency. 335 WHEREAS, 'at the meeting of the Council held on September 30, 1968, and after due and proper public advertisement had been made therefor, three (3) bids made to the City for the supply of coal requirements were received and opened 'and read before the Council, whereupon the said bids were referred to a committee appointed by the Council to tabulate, study and make recommendation thereon to the Council; and WHEREAS, said committee has tabulated and studied the aforesaid bids and has reported to the Council, in writing, that the' bids herein'after authorized to be accepted represent the lowest and best bids received by the City for the supply of its said coal requirements, and should be accepted; and funds sufficient to pay for the cost of purchasing the same have been appropriated by the Council 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. follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as (a) That the bid of Hunter and Commings Company to sell and supply to the City its requirement for furnace nut coal for the period beginning October 1, 196B, and ending September 30, 1969, at a price of $7.50 per ton, net f.o.b. Marytow~ Mine, Baileysville, West Virginia, be, and said bid is hereby ACCEPTED; and that the bids of Old Dominion Coal Corporation and of Blair Ptizer Coal Company, Inc., to supply the furnace nut coal be, and said other bids are hereby REJECTED; and (b) That the bid of Hunter and Cummings Company to furnish and supply to the City its requirements of stoker pea coal for the period beginning October 1, 1968, and ending September 30, 1969, at a price of $7.50 per ton, net, f.o.b. Marytown Mine, Baileysville, West Virginia, be, and said bid is hereby ACCEPTED; and that the bids of Old Dominion Coal Corporation and of Blair Pitzer Coal Company, Inc., made to supply to the City stoker pea coal be, and said other bids are hereby REJECTED; all of the aforesaid coal to be shipped in carload lots to the City Tipple at 3-~ Street and Albemarle Avenue, S. E,, Roanoke, Virginia, as and when ordered by the City's Purchasing Agent, who is hereby authorized and directed to enter into contract on behalf of the City and to issue requisite purchase orders with or to the aforesaid coal supplier in accordance with the provisions of this ordinance and as the City's needs for coal occur during the period aforesaid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTE ST: City Clerk APPROVED Mayor 336 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, I968. No. 18352. A RESOLUTION making provision for full-time inspection of the City's Municipal Building Annex project. BE IT RESOLVED by the Council of the City of Roanoke, the City Manager having so recommended and there having been appropriated by the Council a sum suffi- cient for the purpose, that said Council doth hereby approve the employment of a full-time inspector by the City's architects and engineers engaged for the construc- tion of the Municipal Building Annex project, said inspector to be engaged for the period of the construction of the Municipal Building Annex project and to be com- pensated at the rate of $1,200.00, per month, gross, by said architects and enoineer as a reimbursable expense of said project. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1968. No. 18353. AN ORDINANCE repealing Ordinance No. 17769 heretofore adopted by the Council on October 16, 1967, authorizing and providing for the City's lease of certain premises in the City Market Building to Total Action Against Poverty in Roanoke Valley, upon certain terms, provisions and conditions; and providing for an emergency. WHEREAS, in order to assist in the conduct of a proposed program for the benefit of certain residents of the Roanoke Valley area, the City, by Ordinance No. 17769 heretofore adopted on the 16th day of October, 1967, authorized and directed the City's execution of a lease to Total Action Against Poverty in Roanoke Valley of certain portions of the City'§ Market Building for a term of years and upon provisions and conditions set out and contained in said ordinance, the formal execution of which lease agreement has been postponed by said lessee pending the formal funding of the aforesaid program by certain federal agencies; and WHEREAS, the Council has now been formally advised by an authorized representative of the City's prospective lessee that funds are unavailable with which to conduct the program heretofore proposed and that use of the areas in the City Market Building cannot be made by :said Agency for the purposes heretofore intended; and WHEREAS, the Council, considering the matter, deems it proper to repeal the ordinance by which the proposed lease of public property was authorized to be made and, for the usual daily operation of the municipal government, hereby sets forth and declares an emergency 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. 17769 heretofore adopted by the Council on October 16, 1967, authorizing and providing for the City's lease of certain premises in the City Market Building to Total Action Against Poverty in Roanoke Valley, upon certain terms, conditions and provisions, be, and said ordinance is hereby REPEALED. 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 7th day of October, 1968. No. 18354. A RESOLUTION authorizing the City Manager to approve certain metered water connections to certain premises and locations outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, the owners of certain properties hereinafter described, located outside the corporate limits of the City, but abutting on existing water mains of the City, have made application to the City to have their premises and properties connected to the City's water system; and WHEREAS, the City Manager has investigated the applications and, in view of the provisions of Resolution No. 16855 of the Council, has referred said applica- tions to the Council for consideration, recommending that said water connections be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, metered connections to the City's public water distribution system locate in the streets on which the properties abut outside the City's corporate limits, of the following described premises or locations in Roanoke County, namely: (a) Lots 10 through 20, inclusive, Block 1, and Lots 1 through 6, inclusive, Block 2, as shown on the Map of Brookside Subdivision Section 1; (b)Premises located at No. 7547 Williamson Road, N. W.; and (c) Premises located at No. 3162 Tomaranne Drive, S. W.; all such connections to be made in full compliance with the provisions established for such connections in Rule 38 of the Rules and Regulations for the operation of 338 the City's Water Department, and said water services to be hereafter supplied by the City in accordance with its general rules and regulations and at such rates and charges as are generally provided in such instances. BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by the Council in its Resolution No. 16855. ATTEST: '~~ity'~' ' .... "~:~-~"Clerk ~''--'/~/ APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ?th day of October, 1968. No. 18355. A RESOLUTION approving the provision of a 14-foot multipurpose scoreboard at the Coliseum in the Roanoke Civic Center. WHEREAS, a committee reporting to the Council on the enlargement of the "speaker-frame" to be provided at the Coliseum in the Roanoke Civic Center has recommended that the Council make certain provisions for a scoreboard as hereinafter provided, and the Council, considering said report, concurs in the recommendations contained therein. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City's architects be, and are hereby directed to proceed with the preparation of plans and specifications so as to provide for the construction of a 14-foot multi- purpose scoreboard at the Colisenm in the Roanoke Civic Center, now under constructi and that the aforesaid committee be continued to work with the City's architects and others on matters related to the provision of said scoreboard. BE IT FURTHER RESOLVED that the Clerk transmit an attested copy of this Resolution to Associated Architects and Engineers of Roanoke. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 1968. No. 18356. AN ORDINANCE amending Chapter 5, of Title VIII, of the Code of the City of Roanoke, 1956, as amended, relating to the municipal airport, by the addition of two new sections providing for the establishment of an Airport Advisory Commission and the membership thereof, and prescribing the duties and responsibilities of said commission; and providing for an emergency. WHEREAS, the Council desires to make formal provision for the establish- merit of a commission as provided in Section 63 of the City Charter to act in an advisory capacity to the Council in matters relating to the Roanoke Municipal Airport; and WHEREAS, for the usual daily operation of the municipal government and of the City's Municipal Airport Department, 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 5. of Title VIII of the Code of the City of Roanoke, 1956, as amended, be amended by the addition of two new sections, to be numbered section 3.1 and section 3.2, to read and provide as follows: Sec. 3.1. Airport Advisory Commission - Composition. (a) There is hereby established an airport advisory commission to be composed of fifteen members, as herein- after provided, to act in an advisory capacity to the Council, in conjunction with the officers of the City who are members of such commission, in matters relating to the Roanoke Municipal Airport and to the airport department. The members of such commiss'ion shaii serve without compen- sation for their services as such members. (b) The airport advisory commission shall be com- posed of fifteen members, to be appointed by the mayor, and who shall serve at the pleasure of the council; and the membership of such commission shall consist of the city manager, the manager of the airport department, one or more members of the city council, and of such number of citizens as are necessary to result in a total member- ship of fifteen. In addition, the mayor shall be a member of the commission, ex officio. The mayor shall designate, from time to time, the chairman of such commission and the members thereof shall select a vice-chairman and a secretary, and meetings of the commission shall be held on call of the chairman, the vice-chairman, the mayor or of any three mem- bers of the commission. Sec. 3.2. Same - Duties and responsibilities. (a) The airport advisory commission shall act in an advisory capacity to the council in matters relating to the operation, use, development and improvement of the municipal airport and, to that end, shall study and consider such matters as may be referred to said commission by the council, the city manager, the airport manager, or by occupants or users of the municipal airport, or by citizens, or such matters as may be initiated by said commission; making prompt report to the council of its recommendations on ail such matters. (b) The chairman of the commission shall appoint three members of said commission to each of the following four committees of such commission, namely: safety committee, air service committee, revenue committee, and capital improvements committee, the duties and responsibilities of each such com- mittee to the commission to be assigned by the chairman of the commission; and the chairman may appoint such other committees as are considered necessary or expedient for the proper discharge of the duties and responsibilities of said commission. (c) Neither the airport advisory commission nor any committee thereof shall have authority to act for the council, the city manager, the airport manager or any other officer or official of the city in any matter relating to the discharge of the duties, responsibility or authority of such other office, officer or official, or to con- trol or dictate the official actions of such other officer or official, except through recommendations made by the commission to the city council. 339 340 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage, APPROVED ATTE ST: / / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1968. No. 18359. AN ORDINANCE authorizing and directing the Mayor of the City of Roanoke and the City Clerk, for and on behalf of the City of Roanoke, Virginia, to enter. into and execute an Agreement with the City of Roanoke Redevelopment and Housing Authority carrying into effect the Redevelopment Plan for the City of Roanoke designated "Redevelopment Plan for Kimball Redevelopment Project, Project No. VA. R-46"; and providing for an emergency; and WHEREAS, by Resolution No. 18344, adopted by the Council of the City of Roanoke on October 7, 1968, the Council of the City of Roanoke approved the Redevelopment Plan prepared by the City of Roanoke Redevelopment and Housing Author for the area in the northeast section of the City of Roanoke and designated as the "Redevelopment Plan for Kimball Redevelopment Project, Project No. VA. R-46"; and WHEREAS, the Council of the City of Roanoke is desirous of assisting and cooperating with said Authority in carrying said Plan into effect and, accordingly, to enter into an Agreement with said Authority for that purpose; and WHEREAS, such an Agreement has been prepared, dated the ldth day of October, 1968 and exhibited to the Council, a copy of which is on file in'the office of the City Clerk, the effect of which said Agreement is to obligate the City to its one-third share of the net cost of said Project in the sum of $1,505,595; and which enumerates and describes the local grants-in-aid applicable to said Project as well as Certain costs to be incurred by City relative to said Project but which are not eligible as local grants-in-aid, and fixes the estimated credit or amount applicable to each said item, all of which estimated credits aggregate the total sum of $1,505,595, and estimated ineligible costs aggregate the total sum of $461,230; and WHEREAS, for the usual daily operation of the Municipal Government an emergency is hereby set forth and declared to exist in that this Ordinance take effect upon its passage. follows: THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROANOKE as 1. That in order to carry into effect the Redevelopment Plan prepared by the City of Roanoke Redevelopment and Housing Authority, designated "Redevelop- ment Plan for Kimball Redevelopment Project, Project No. Va. R-46", this Council doth hereby approve that certain Agreement between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority, drawn under date of October 14 1968, a copy of which is on file in the office of the City Clerk, the effect of which is to obligate the City to its one-third share of net cost of said Project in the sum of $1,505,595; and which enumerates and describes the local grants-in-al applicable to said Project as well as certain costs to be incurred by the City relative to. said Project but which are not eligible local grants-in-aid, and fixes the estimated credit or amount applicable to each said item, all of which said estimated credits aggregate the total sum of $1,505,595, and estimated ineligible costs aggregate the total sum of $461,230. 2. That the Mayor of the City of Roanoke is hereby directed to execute said Agreement and the City Clerk is also directed to affix the Seal of the City thereto and attest same, for and on behalf of the City of Roanoke, and that the same, upon such action by said Mayor of the City of Roanoke and City Clerk, and upon subsequent execution of said Agreement by said Authority, be the Agreement between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority. BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance be in force and effect upon its passage. APPROVED ATTE ST: . --) :__.__. ..... , _-/ //_ / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1968. No. 18360. AN ORDINANCE to amend and reordain Section ~t89, "Capital," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =89, "Capital," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: 341 342 CAPITAL ~89 Kimball Redevelopment Project ............................. $197,420.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. AT TE ST: /City Clerk AP PROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1968. No. 18361. A RESOLUTION providing for the appointment of three viewers in connection with the application of the abutting land owner to permanently vacate, abandon, discontinue and close that certain alley through Block 6 Chamouni Land Company Map, a copy of which map may be found in the Office of the City Engineer of the City of Roanoke, Virginia. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the application of the abutting land owner, that said applicant did duly and legally )cst as required by Section 15.1-364 of the Code of, Virginia of 1950, as amended, notice of its application to the Council of the City of Roanoke, Virginia, to vacate, abandon, discontinue and close that certain alley located in the City of Roanoke, Virginia, and more particularly described as follows: Beginning at a point on the southerly side of McDowell Avenue, N. E., which point is located S. 72o 38' W. 135.0 feet from the intersection of the southerly side of McDowell Avenue, N. E., with the westerly side of Eleventh Street, N. E.; thence leaving the southerly side of McDowell Avenue, N. E., and with the easterly line of a certain 12' alley running through Block 6, as shown on Chamouni Land Company Map, S. 17 22' E. 282.0 feet to a point on the northerly side of Gregory or Madison Avenue, N. E.; thence with the northerly side of Gregory or Madison Avenue, N. E., S. 72o 38' W. 12.0 feet to a point; thence leaving the northerly side of Gregory or Madison Avenue, N. E., and running through Block 6, as shown on the Chamouni Land Company Map, N. 17o 22' W. 282.0 feet to a point on the southerly side of McDowell Avenue, N. E.; thence with the southerly side of McDowell Avenue, N. E., N. 72o 38' E. 12.0 feet to the point and place of Beginning, and Being a certain 12' alley running through Block 6, as shown on the Chamouni Land Company Map, a copy of which map may be found in the Office of the City Engineer of the City of Roanoke, Virginia, said alley being also shown on Sheet 305 of the Tax Appraisal Map of Said City of Roanoke. 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, Virginia (Campbell Avenue entrance), at the Market House (Salem Avenue Entrance), and at 311 Second Street, S. E. (formerly Randolph Street, S. E.), as provided by law, all of which is verified by an affidavit appended to the application addressed to the Council requesting that the aforesaid all be permanently vacated, abandoned, discontinued and closed; and WHEREAS, it appearing to the Council that more than ten days have elapse( since the posting of said proper legal notice and the Council having considered said application to permanently vacate, abandon, discontinue and close the aforesa alley; and WHEREAS, the applicant has requested that three viewers be appointed to view the above described alley herein sought to be permanently vacated, abandoned, discontinued and closed and report in writing as required by Section 15.1-364 of the Code of Virginia of 1950, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virgini that Messrs, L. Elwood Norris, George W. Overby and Edward H. Brewer, Jr., be and they are hereby appointed as viewers to view the aforesaid alley and report in writing pursuant to the provisions of Section 15.1-364 of the Code of Virginia of 1950, as amended, whether in their opinion any and, if any, what inconvenience would result from discontinuing same. ATTE ST: . /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of ,October, 1968. No. 18362. AN ORDINANCE to amend and reordain Section ~20, "Municipal Court," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Coancil of the City of Roanoke that Section ~20, "Municipal Court," of the 1968-69 Appropriation Ordinance, be, and thc same is hereby, amended and reordained to read as follows, in part: MUNICIPAL COURT ~20 Petty Cash ............................................... $50.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: / /City Clerk APPROVED Mayor 343 344 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1968. No. 18363. AN ORDINANCE to amend and reordain Section ~89, "Capital Improvements," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =Sq, "Capital Improvements," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL IMPROVEMENTS g89 Municipal Building (1) ......................... $ 223,600.00 (1) Net increase $2,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1968. No. 18364. A RESOLUTION authorizing the acceptance of a certain award made by commis- sioners in condemnation proceedings brought for the acquisition of Parcel 040 being acquired for the City's U. S. Route 220 (Franklin Road, S. W.) Project. WHEREAS, the Council having heretofore directed by Ordinance No. 18037 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 pay- ment of the sum of $915.00 therefor out of appropriations made by the Council for the project; and commissioners appointed by the Court of Law and Chancery of the City of Roanoke in the 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 the total sum of $4,800.00, said award being $3,885.00 in execs: of the amount heretofore authorized to be paid for said property; and the Council having appropriated contemporaneously herewith an additional sum 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 sai City doth accept the report and award recently made by Court-appointed commissione in condemnation proceedings brought and conducted in the Court of Law and Chancery of the City of Roanoke to acquire for the City Parcel 040, as shown on the plans of the City's U. S. Route 220 Project 0220-128-102, RW-201; and said Council doth hereby authorize and direct the City Auditor to draw and deliver to the City Attorney the City's check, payable to the Clerk of the aforesaid Court, for the additional sum of $3,885.00, 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 condemnation proceedings. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1968. No. 18365. A RESOLUTION authorizing the acceptance of a certain award made by commissioners in condemnation proceedings brought for the acquisition of Parcel 058, being acquired for the City's U. S. Route 220 (Franklin Road, S. W.) Project. WHEREAS, the Council having heretofore directed by Ordinance No. 18037 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 payment of the sum of $1,732.00 therefor out of appropriations made by the Council for the project; and 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 the total sum of $4,250.00, said award being $2,518.00 in excess of the amount heretofore authorized to be paid for said property; and the Council having appropriated contemporaneously herewith an additional sum sufficien 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 345 346 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 hereinafter provided. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth accept the report and award recently made by Court-appointed commissioners in condemnation proceedings brought and conducted in the Court of Law and Chancery of the City of Roanoke to acquire for the City Parcel 058, as shown on the plans of the City's U. S. Route 220 Project 0220-128-102, RW-201; and said Council doth hereby authorize and direct the City Auditor to draw and deliver to the City Attorney the City's check, payable to the Clerk of the aforesaid Court, for the additional sum of $2,518.OO, 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 condemnation pro- ceedings. A P P R 0 V E D ATTEST: ~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14'th day of October, 1968. No. 18366. AN ORDINANCE providing for the purchase of twenty-three (23) new 1969 model automobiles for use by various departments of the City, upon certain terms and conditions; accepting certain bids made to the City for furnishing and delivering said vehicles; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, at a meeting of the Council held on September 30, 1968, and after due and proper public advertisement had been made therefor, certain bids for the supply to the City of the vehicles hereinafter mentioned were opened and read before the Council, whereupon all said bids were referred to a committee appointed by the Council to tabulate and study said bids and to make report and recommendation thereon to the Council; and WHEREAS, said committee has reported to the Council, in writing, its tabulation and recommendations on said bids, from which it appears to the Council that the proposals hereinafter accepted represent the lowest and best bids made to the City for the supply of said vehicles and should be accepted; and that all other said bids should be rejected; funds sufficient to pay the cost of said equip- ment having been or are being appropriated by the Council for the prupose; 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 folio 1. That the bids of: (a) Fulton Motor Company, Inc., to furnish and deliver to the City as follows: Purchase Item No. .quantity and Description Price 1 Nineteen (19) new 1969 model automobiles, less trade-in allowance for thirteen (13) old automobiles ......... $ 43,831.72 3 One (1) new 1969 model auto- mobile, less trade-in allowance for one (1) old automobile $ 2,078.21 5 One (1) new 1969 model auto- mobile (no trade-in) ....... $ 1,882.13 (b) Magic City Motor Corporation, to furnish and deliver to the City as follows: Purchase Item No. Quantity and Description Price 2 One (1) new 1969 model auto- mobile, less trade-in allowance for one (1) old automobile .... $ 2,234.31 4 One (1) new 1969 model auto- mobile, less trade-in allowance for one (1) old automobile $ 2,124.40; all the above amounts cash, plus the City's trade-in equipment described in the City's specifications, delivered to the City, f.o.b. Roanoke, Virginia, all to be in 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 therefore, incorporating into said orders the City's aforesaid specifications, the terms of said bidders' proposals and the terms and provisions of this ordinance; the cost of said equipment, when delivered, to be paid for out of funds heretofore appropriated for the purpose; 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 hereb' authorized and directed to make requisite payment to each said successful bidder of the aforesaid purchase prices, not to exceed the sums hereinabove set out, and City Manager shall be, and is hereby authorized and directed to transfer and assig to the aforesaid bidders the titles to the certain vehicles described in the City' specifications 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. S: 347 348 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTE ST: CityClerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1968. No. 18367. AN ORDINANCE to amend and reordain Section g57, "Traffic Engineering and Communications," and Section ~45, "Police Department," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section g.57, "Traffic Engineering and Communications," and Section ~45, "Police Department," of the 1968-69 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: TRAFFIC ENGINEERING AND COMMUNICATIONS ~57 Other Equipment - Replacement (1) ...................... $ 26,655.55 Other Equipment - New (2) .............................. 21,413.73 POLICE DEPARTMENT ~45 Vehicular Equipment (Additional ) (3) .................. $ 23,031.72 (1) Net decrease --- $ 900.45 (2) Net decrease --- $1.431.27 (3) Net increase $2,331.72 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ~TTEST: / /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1968. No. 18368. AN ORDINANCE providing for the purchase of one (1) new fire truck upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering said vehicle; rejecting a certain other bid made to the City; and WHEREAS, at a meeting of the Council held on October 7, 1968, and after due and proper public advertisement having been made therefor, two bids for the supply to the City of one (1) new fire truck for the City of Roanoke Fire Department were opened and read before the Council, whereupon both said bids were referred to a committee appointed by the Council to tabulate and study said bids and to make report and recommendation thereon to the Council; and 'WHEREAS, said committee has reported to the Council, in writing, its tabulation and recommendations on said bids, from which it appears to the Council that the proposal hereinafter accepted represents the lowest and best bid made to the City for the supply of said equipment and should be accepted; and that said other bid should be rejected; funds sufficient to pay the cost of said equipment having heretofore 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Oren-Roanoke Corporation, Vinton, Virginia, to furnish and deliver to the City one (1) new Oren Model 752, five-man cab-forward type fire truck, with International Cab and Chassis C0-8190, with 750 G.P.M. pumping engine, delivered to the City f.o.b. Roanoke, Virginia, in full accordance with the City's specifica- tions therefor and of said bidder's proposal, for a purchase price of $24,837.51, 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 therein the aforesaid specifications, the terms of said bidder's proposal and the terms and conditions of t~his ordinance; the cost of said equipment, when delivered, to be paid for out of funds heretofore or contemporaneously being appropriated for the purpose; and 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 bidder of the aforesaid purchase price. BE IT FURTHER ORDAINED that the other bid made to the City for the supply of the aforesaid equipment be, and said other bid is hereby REJECTED, and the City Clerk is directed to so notify said other bidder and to express to him 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. ATTEST: ..-, . ty Clerk APPROVED Mayor 349 350 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1968. No. 18369. AN ORDINANCE to amend and reordain Section ~47, "Fire Department," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: FIRE DEPARTMENT Vehicular Equipment - Replacement (1) ................ $ 27,437.51 (I) Net increase ................... $ 3,837.51 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 lzlth day of October, 1968. No. 18370. AN ORDINANCE to amend and reordain Chapter 11. Department of Public Works, of Title II. Administration, of The Code of the City of Roanoke, 1956, as amended, providing for the Department of Public Works as an administrative depart- ment of the City; defining the functions which said department is to administer; providing for the appointment of the head of such department and defining his duties and respons~ilities; providing the date upon which this ordinance shall become effective; and providing for an emergency. WHEREA'S, the City Manager has made certain recommendations to the Council respecting the need for the separation by ordinance of certain functions of the City relating to public works from those relating to engineering matters; and has recommended continuance of the City's department of public works and creation of a new and separate department to be known as the engineering department; and WHEREAS, a committee of the Council appointed to study and consider said proposal has recommended the Council's concurrence therein; and WHEREAS, for the usual daily operation of the municipal government, an emergency is hereby set forth and declared to exist in order that this ordinance take effect as herein provided. 351 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 11. Department of Public Works, of Title II. Administration, of The Code of the City of Roanoke, 1956, be, and said chapter is hereby amended and reordained as Chapter 11.1, Department of Public Works, of the aforesaid title and code, to read and provide as 'follows: CHAPTER 11.1 DEPARTMENT OF PUBLIC WORKS Sec. 1. Department of Public Works Continued. The department of public works heretofore provided for is continued, to be composed as hereinafter set out and to be charged with the duties and powers hereinafter enumerated. Sec. 2. Composition of department. The department of public works shall be composed of the director of public works and such assistants, deputies and employees as the council may, from time to time, authorize. Sec. 3. Director of public works--Appointment; term and removal. The city manager shall appoint a director of public works, in accordance with the provisions of section 7 of the City Charter, who shall be head of the department of public works and who shall remain in office until removed by the city manager; and in case of his removal, the city manager shall report the same to the council. Sec. 4. Compensation The director of public works shall receive such compensa- tion for the performance of his duties as the council shall, from time to time, fix and determine. Sec. 5. Duties generally. The department of public works shall be responsible for: (a) The construction of any public improvement project by employees of the department of public works when ordered by the council or the city manager; (b) The maintenance and cleaning of streets, alleys, other public places, bridges, viaducts and underpasses; (c) The maintenance of sewers, drains and culverts; the maintenance and operation of sewage disposal plants; the collec- tion of garbage and other refuse and the maintenance and opera- tion of facilities for the collection and disposal of the same, including incinerators, landfills and other approved methods, subject to the authority of the commissioner of health in matters affecting the public health; (d) The maintenance and operation of the city garage and of any public works center, and the maintenance of city owned vehicles and other equipment, except Vehicles and equipment assigned to the school board, the fire department and the water department and unless or as otherwise directed by city council or the city manager; (e) The maintenance, heating, lighting and janitorial service for all city owned buildings except those under the jurisdiction of the school board and except when otherwise provided by law, ordinance or the directions of the city manager; (f) The functions of traffic engineering and of communica- tions, including the placing and maintenance of authorized traffic control signals, signs and other devices, and the maintenance of city owned radio, telephone and other communication or signal or alarm systems; 352 I! (g) The corrdination of all public works activities involving the various city departments, city, state and federal agencies, utility companies, contractors, engineers, and all firms and individuals that relate to matters under the direction and supervision of the director of public works; (h) The supervision of the execution and performance of all contracts and purchase orders for public works construc- tion, repair or replacement which do not require detail plans and specifications and which work can be .adequately supervised and inspected by personnel of the department of public works; (i) The determination, in accordance with such ordinances on the subject as the council may adopt, of the conditions under which street surfaces may be cut by any public utility company, the water department or any person, firm or corporation for the purpose of laying, relocating, connecting, repairing or removing pipes or Conduits therein, and of the time and the manner in which such work shall be completed and such cuts filled and the street surface restored; and (j) Such other powers and duties as may be assigned to the department by ordinance or resolution of the council or by the city manager. Sec. 6. Authority over excavations, etc. No person, firm or corporation shall displace, or cause to be displaced, any portion of the pavement or surface of any street, sidewalk or alley; nor commence the construction of any structure in any city park, or on any land owned by the city, without first obtain- ing authority, in writing, from the director of public works. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect on and' after November 1, 1968. APPROVED ATTEST: . '(~'~ ~'. j- .. Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1968. No. 18371. AN ORDINANCE to amend and reordain Chapter 12. Engineering Department, of Title II. Administration, of The Code of the City of Roanoke, 1956, as amended, providing for the Engineering Department as an administrative department of the City; defining the functions which said department is to administer; providing for the appointment of the head of such department and defining his duties and respon- sibilities; providing the date upon which this ordinance shall become effective; and providing for an emergency. ~HEREAS, the City Manager has made certain recommendations to the Council respecting the need for the separation, by ordinance, of certain functions of the City relating to engineering matters from those relating to public works; and has recommended continuance of the City's department of public works and the creation of a new and separate department to be known as the engineering department; and ~HEREAS, a committee of the Council appointed to study and consider said proposal has recommended the Council's concurrence therein; and WHEREAS, for the usual daily operation of the municipal government, an emergency is hereby set forth and declared to exist in o'rder that this ordinance ta effect as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapter 12. Engineering Department, of Title II. Administration, of The Code of the City of Roanoke, 1956, be, and said chapter is hereby amended and reordained as Chapter 12.1, Engineering Department, of the aforesaid title and code, to read and provide as follows: CHAPTER 12.1 ENGINEERING DEPARTMENT Sec. 1. Engineering Department Continued. The engineering department heretofore provided for in this Code is continued, as a separate department of the City, to be composed as hereinafter set out, and to be charged with the duties and responsibilities hereinafter enumerated. Sec. 2. Composition of department. The city engineer shall be the head of the engineering de- partment, which shall be composed of the city engineer and such assistants, deputies and employees as the council may, from time to time, authorize. Sec. 3. City engineer--Appointment; term and removal. The city manager shall appoint a city engineer, in accordance with the provisions of section 7 of the City Charter, and he shall remain in office until removed by the city manager, and in case of his removal the city manager shall report the same to the council. Sec. 4. Compensation The city engineer shall receive such compensation for the performance of his duties as the council shall from time to time fix and determine. Sec. 5. Duties generally. The department of engineering shall be responsibile for: (a) The making of such surveys, reports, maps, drawings, plans, specifications and estimates as may be required from time to time by the council, the city manager or by any board or commission of the City. Employment of any consulting architects or engineers in connection with the design or plan of any building, work or improvement shall be the responsibility' of the city manager; (b) The custody and the careful record of all maps, plans, profiles, and field books, all surveys of any of the streets, the grades of the same when established, and the location, profile, size and extent of all public sewers and drains; and shall be custodian of all plans of the city-owned buildings and structures, and it shall be the duty of the heads of all other departments having such plans to file a copy thereof with the city engineer; (c) The custody and record of the maps and plans of the underground facilities and installations of all public service companies and of every other person, firm or corporation occupying any portion of the streets, alleys, ways and other public places in the city; (d) The supervision of the execution and performance of all contracts for capital improvement projects as defined in sections 40 and 47 of the City Charter and of the construction of all other public works or improvements or of the repair or replacement of any improvement not performed or accomplished and supervised.by the department of public works; and no payment shall be made by the City upon any such contract without the certificate of the city engineer that the work or the portion thereof for which such payment is to be made has been satisfactorily performed in accrodance with the terms of such contract; provided, that when the plans and specifications for any capital improvement project have been prepared e 353 354 under the authority of the school board or for the city water department by some person, agency or department other than the city engineer, 'the per?ormance of the contract may be supervised and the certificate above required shall be issued by a person, agency or department head to be designated by the school board or by the city manager, as the case may be; (e) The performance of such other engineering or related duties as may be ordered or directed by ordinance or resolution of the council or by the city manager. Sec. 6, Duty to furnish building lines and grades. The engineering department shall, upon written request of the owner of any abutting property, give the street line or grade line of any street or alley on which said property abuts, when the grade has been established, and for such services it shall make such charge as the council may from time to time fix and determine. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect on and after November 1, 1968. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1968. No. 18372. A RESOLUTION approving the relocation of an existing 16-inch water line from the site of the proposed Southwest Junior High School and approving the extension of another water line to the site of the proposed Northwest Junior High School. WHEREAS, the City Manager, in a written report to the Council made under date of September 23, 1968, has made certain recommendations to the City with reference to the two water lines hereinafter mentioned, in which recommendations the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: (a) That the Council doth hereby approve and consent to the relocation of approximately 950 feet of the eXisting 16-inch water line running from the City's underground reservoir on the Fishburn Park property to Brambleton Avenue, S. W., such relocated portion of said line being shown in red on the architect's plan referred to in the report of the City Manager, so as to permit of the proper grading of the site for the City's proposed Southwest Junior High School, the cost of such relocation to be treated as a part of the expense of the construction of said new Junior High School; and (b) That said Council doth further approve and direct the City's construc- tion of a new water main extension approximately 1400 feet in length, from 355 Hershberger Road, up Ferncliff Avenue to the site of the proposed Northwest Junior High School, the cost of said extension to be paid out of funds appropriated for Water Department capital improvements. APPROVED ATTEST: / / / / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1968. No, 18373. A RESOLUTION authorizing the City's acceptance from the City of Salem, for transmission and treatment, acceptable sewage and wastes from a certain 33.88 acre area of Roanoke County, consisting of two (2) parcels, upon certain terms and conditions 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. 19 of the Council of the City of Salem, adopted on September 9, 1968, to permit the City of Salem to accept from a 33.88 acre area of Roanoke County hereinafter described certain sewage and wastes for delivery to the City of Roanoke for transmission and treat- ment under the terms of the contract of October 16, 1953, entered into between the City of Roanoke and the Town of Salem, now the City of Salem, and, expressly, subject to the provisions of Paragraph l(b) of Resolution No. 12949 of this Council; and this Council's committee studying said request has, in its report to the Council dated October 7, 1968, recommended that the 33.88 acre area so proposed be accepted for treatment, but upon the further condition hereinafter set out, in all of which recommendations the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth hereby offer and agree to accept from the City o:f Salem for transmission and treatment acceptable domestic and commercial wastes originating in the following described area of Roanoke County, as the same is set out and described as the JOHN W. HANCOCK, JR., INC. PROPERTY - (33.88 Acres) in Resolution No. 19 of the Council of the City of Salem, adopted September 9, 1968, and Which was heretofore directed to this Council, said area being bounded and described as follows: BEGINNING at the intersection of the southern line of the Norfolk 5 Western Reilway right of way (formerly the Virginian Railroad right of way), with the western right of way line of Va. Route 760; thence with the western line of Route 760 S. 6° 46' 46" E., 333.24 feet to a point on the same; thence still with said road S. 8o 36' 50" E., 174.25 feet to a point on the same, thence still with said road with an arc of a circle to the left whose radius is 2,894.79 feet, whose chord is S. 12o 55' 17" E., 356 434.85 feet, an arc distance of 435.26 feet to a point in the middle of Roanoke River; thence up the river S. 79o 56' W., 631.19 feet to a point, thence N. 83o 36' W., 455.50 feet to a point; thence N. 74° 23' W., 404.00 feet to a point; thence S. 62o 17' W., 844.2 feet to a point on the river bank; thence, leaving the river N. 13o 52' W., 670.48 feet, crossing the aforesaid former Virginian Railroad R/W to a point on the south R/W of the original Norfolk & W~stern Railway R/W; thence with the south R/W line of the Norfolk & Western Railway N. 71o 50' E., 900 feet more or less; thence with the westerly corporate limits of the City of Salem crossing the Norfolk ~ Western Railway S. 17o 17' E., 170 feet more or less to a point on the southerly line of said Norfolk ~ Western Railway; thence con- tinuing with the southerly line of the Norfolk ~ Western Railway and being the southerly corporate line of the City of Salem N. 66o 18' E., 1,267.40 feet to a point; thence N. 71o 40' E., 226.64 feet to the BEGINNING and being a boundary description (exclusive of property within corporate limits) of that 33,88 acre tract owned by John W. Hancock, Jr., Inc., exclusive of the 5.36 acre area included within the former Virginian Railroad right of way, all as shown on a plat prepared by T. P. Parker, S.C.E., under date of July 11, 1968; provided that the current rate of charge to be made by the City of Roanoke to the City of Salem for accepting and treating wastes from such area be $52.65 per million gallons of such wastes, to be adjusted from time to time as provided in said contract of October 16, 1953, there to be provided by the City of Salem or by Roanoke County adequate metering facilities for measuring the quantity of such wastes from said new area; the content and quality of wastes from the afore- said area so accepted by the City of Roanoke for transmission and treatment to be subject to the provisions of Paragraph l(b) of Resolution No. 12949, aforesaid. BE IT FURTHER RESOLVED that the aforesaid contract of October 16, 1953, between the City and the Town of Salem, now the City of Salem, be and is hereby amended to the extent of incorporating therein, but at the rate of charge herein provided, the 33.88 acre area first hereinabove described. BE IT FINALLY RESOLVED that an attested copy of this resolution be promptly transmitted by the City Clerk to the Honorable Mayor of the City of Salem. APPROVED ATTE ST: ...... ~/~t t y Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1968. No. 18374. A RESOLUTION authorizing the City Attorney to represent two members of the City's Police Department in certain civil proceedings brought against said police officers, upon the said police officers' request for such representation. WHEREAS, the City Manager has reported to the Council that a civil action for compensatory and punitive damages has been brought, jointly and severally, against Elmo A. Griggs and Clifton M. Martin, Jr., members of the City's,Police 357 Department, said action growing out of the performance of police duties regularly assigned said police officers, and has recommended that the Council provide the authorization hereinafter contained. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, upon request being made therefor by the said police officers, the City Attorney be, and he is hereby authorized to provide legal representation for Elmo A. Griggs and Clifton M. Martin, Jr., members of the City's Police Department, in connection with a pending civil action for compensatory and punitive damages brought against said police officers by one Herbert W. Cabbler, plaintiff, in the Court of Law and Chancery of the City of Roanoke. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ldth day of October, 1968. No. 18375. AN ORDINANCE to amend and reordain Sec. 3, of Chapter 4, Title II, of the Code of the City of Roanoke, 1956, as amended, relating to certain powers and duties of the Mayor; and providing for an emergency. WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 3, of Chapter d, Title II, of the Code of the City of Roanoke, 1956, as amended be and said section is hereby amended and reordained, to provide as follows: Sec. 3. Powers and duties of mayor. The powers and duties of the mayor shall be such as are conferred upon him by the City Charter, and such other powers as may be conferred by general law or by the council in pursuance of the provisions of the Charter. The mayor shall be an ex officio member of each committee appointed by the council or by the mayor and, as such member, shall have all the privileges, including the right to vote, but not the obligation to attend every committee meeting; and he shall not be counted for the purpose of determining a quorum of any such com- mittee. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. APPROVED Mayor 358 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1968. No. 18376. A RESOLUTION relating to an offer to the City of the temporary use of Roanoke County's Dixie Cavern landfill site. WHEREAS, the Board of Supervisors of Roanoke County, being advised of the City's urgent need for the establishment of a new sanitary landfill area for solid waste disposal, has, by letter of the Chairman of said Board addressed to the Mayor of the City, dated September 17, 1968, offered to the City the use of said County's Dixie Cavern landfill site on an interim basis and for such reasonable time as is needed for the City to work out a long-term solution to its requirements for solid waste disposal; and WHEREAS, this Council, being appreciative of said offer, is proceeding forthwith to take steps to establish and provide on certain of its own land located in a more accessible section of said County a sanitary landfill facility which would more adequately and economically serve the City's needs for solid waste disposal and which, because of its location and accessibility, be adequate for use by each of the other governmental units in the Roanoke Valley area, to whom the City will extend the offer of joint use with the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council acknowledges, with appreciation, the written offer of the Board of Supervisors of Roanoke County to this Council, made by the Chairman of said Board to the Mayor under date of September 17, 1968, to permit the City's temporary use of said County's Dixie Cavern landfill site on an interim basis pending the City's arrangement of a long-term solution of its requirements for solid waste disposal; and said Council hereby assures said Board that the City will forthwith proceed, with said Board'~ approval and assistance, to take proper steps to establish and provide for the City, available for use by other of the governmental units of the Roanoke Valley area desiring to make joint use of the same with the City, an adequate and properly operated sanitary landfill facility on land now owned by the City and more conveniently located to the City and to such other local governmental units, including said County, who may desire to make joint use of the same. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy hereof to the Honorable Lee B. Eddy, Chairman of the Board of Supervisors of Roanoke County. APPROVED ATTE ST: City Clerk ~yor 359 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1968. No. 18377. A RESOLUTION relating to the establishment of a certain sanitary landfill area, capable of meeting the City's and the area's long-term requirements for sanitary refuse disposal; authorizing and directing that application be made to public authorities of Roanoke County for a conditional special use permit author- izing use of certain City-owned public property in Roanoke County for the purposes of such sanitary landfill operation; committing the City to certain assurances and undertakings in connection therewith; and stating the urgency of the public need for the establishment of said new public sanitary landfill. WHEREAS, the City of Roanoke's need for providing for the sanitary, efficient and economical disposal of rubbish, ashes, garbage and other solid waste refuse has become acute, and means must be found by.the City to make immediate provision for new and additional facilities,, and representatives of the City and of a majority of the other governmental subdivisions in the Roanoke Valley area, and agencies of said governmental subdivisions, studying and considering the areawide problem of solid waste disposal, have agreed upon the advisability of the City's use of approximately 280 acres of its publicly owned land on the south slope of Brushy Mountain, in Roanoke County, for the purpose of a public sanitary landfill facility, to be carefully maintained and supervised and to be efficiently and properly operated so as to fully conform to all health and safety requirements, and to be made available for joint use by all other governmental agencies in the Roanoke Valley area desiring to use the same; and WHEREAS, an evaluation made by the Bureau of Solid Waste and Vector Control, Virginia State Department of Health, of the abovedescribed Brushy Mountain tract of land indicates the adaptability of said land for sanitary landfill operation; and WHEREAS, there exists in the City of Roanoke no suitable area or space available for such purpose and the City, after considering all other known places or areas outside of the City, including offer of a temporary use of Roanoke County's Dixie Cavern landfill site, has determined the aforesaid Brushy Mountain site to be the most adequate for the City's needs and for the needs of such other of the local governmental units as may desire to make joint use thereof with the city; and WHEREAS, the City, in its aforesaid use of said 280-acre tract of land is willin9 and would commit itself to certain assurances for the proper, safe and sanitary operation of said new landfill facility and from time to time as the use of said land for sanitary landfill purposes has been fulfilled, would agree to dedicate, establish and operate all of such land for permanent, public open space and recreational purposes and use; and 360 WHEREAS, the City's need for said new sanitary landfill facility is acute and urgent and, for the preservation of the public health and safety, the Council considers an emergency to exist. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, acting for and on behalf of the City, be, and he is hereby authorized and directed to make prompt application to the proper public authorities of Roanoke County for said County's issuance, under Article i1 of the Roanoke County Zoning Ordinance, of a special use permit to the City of Roanoke authorizing the City's use of that certain approximately 280-acre tract or boundary of land owned by the City and situate on the south slope of Brushy Mountain, in Roanoke County, approxi- mately one and one-half mile northeast of Banging Rock, as said area of land is shown colored in yellow on that certain "Map Showing Roanoke Sanitary Landfill Area on Brushy. Mountain" designated Plan No. 5115, prepared by the City's Director of Public Works, a copy of which map is on file in the Office of the City Clerk, such special use permit to be made subject to such necessary and reasonable conditions as are proper in order to assure the good, safe, proper and sanitary operation of said landfill and to carry out the intent of the aforesaid zoning ordinance, and, further, to contain the City's assurance of the City's performance of the ten (10) enumerated proposals set out and contained in a certain writing entitled "A Proposal by the City of Roanoke in connection with the Operation of Sanitary Landfill on Brushy Mountain" dated October 14, 1968, a copy of which writing is on file in the Office of the City Clerk and which said proposals are incorporated herein by reference. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of October, 1968. No. 18378. A RESOLUTION providing for review of the individual performance and salary of the City's unclassified officials and personnel as set out in Ordinance No. 18222 of the City Council. BE IT RESOLVED by the Council of the City of Roanoke that a committee consisting of Councilman James E. Jones, Vice-Mayor James O. Trout, Mayor Roy L. Webber, ex officio, and Councilman Vincent S. Wheeler be, and is hereby appointed to review the individual performance and salary, of the City's unclassified officials and employees as set out and contained in Ordinance No. 18222 of the Council, adopted June 27, 1968, excepting, however, those officials and employees of the City's School Board, whose individual performance and salary shall be reviewed by said School Board; said committee and said School Board to make appropriate report and recommendation thereon to the Council. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 196B. No. 16357. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 333, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have the following property rezoned from RD, Duplex Residential District, to RG-2, General Residential Oistrict: A parcel of land containing 1.53 acres bordering 578.45 feet on the north side of Carvin Street, N. E., and bordering 418.37 feet on the south side of Thrasher Park, referred to as the Ruby Morgan Estate remaining property by survey dated July 9, 1960, by T, P. Parker S.C.E., which is recorded in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, in Deed Book 1000, Page 6, and being Official Tax No. 3330403. Also a parcel of land containing 0.72 acre beginning at the northwest corner of Carvin Street and Vinton Road, N. E., thence following the west side of Vinton Mill Road in a northerly direction 293.09 feet, thence in a westerly direction along the south side of Thrasher Park 221.61 feet, thence in a southerly direction 201.34 feet, thence in an easterly direction along the north side of Carvin Street 84.34 feet to the place of beginning and being Official Tax No. 3330413. See deed from Ruby Morgan Johnson to Myrtle G. Smallwood dated January 8, 1957, in Deed Book 1000, Page 4, in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia; and WHEREAS, the City Planning Commission has recommended that the hereinafter 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 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 14th day of October, 1968, 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 361 362 WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 333 of the Sec~onal 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the north side of Carvin Street, N. E., bordering 418.37 feet on the south side of Thrasher Park, and property located on the northwest corner of Carvin Street and Vinton Road, N. E., and on the south side of Thrasher Park, designated on Sheet 333 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 3330403 and 3330413, be, and is hereby, changed from RD, Duplex Residential District, to RG-2, General Residential District, and that Sheet No. 333 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1968. No. 18358. AN ORDINANCE permanently vacating, discontinuing and closing all that certain alley running in a north-south direction in Block 16, Grandin Place, from Maiden Lane to another alley running east and west in said block, in the City of Roanoke, Virginia. WHEREAS, Mary W. Schnurman, Stephen B. Bogese, Catherine L. Bogese, Malcolm M. Rosenberg and Ruthy G. Rosenberg have heretofore filed their petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close all that certain alley running in a north-south direction in Block 16, Grandin Place, from Maiden Lane to another alley running east and west in said block, in 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; and WHEREAS, in accordance with the prayers of said petition, viewers were appointed by Council on the 12th day of August, 1968, to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said alley; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk on September 24, 1968, that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing said alley; and 363 WHEREAS, Council at its meeting on August 12, 1968, referred the petition to the City Planning Commission, which Commission by its report filed with Council on September 9, 1968, and by its amended report filed with Council on September 30, 1968, recommended 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; and WHEREAS, a public hearing' was held on the question before the Council at its regular meeting on October 14, 1968, after due and timely notice thereof published in The Roanoke World-News, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, from all of the foregoing, Council considers that no inconven- ience will result to any individual or to the public from permanently vacating, discontinuing and closing the said alley, as applied for by the petitioners, subject to the retention by the City of any public utility easements, and that, accordingly, said alley should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all of that certain alley running in a north-south direction in Block 16, Grandin Place, from Maiden Lane to another alley running east and west in said block, in the City of Roanoke, Virginia, more particularly described as follows: BEGINNING at the point of intersection of the south side of Maiden Lane, S. W., and the west side of a ten-foot alley running north and south in Biock 16, Grandin Place, said point being 260 feet, more or ~ess, from the intersection of the southerly side of Maiden Lane and the westerly side of Grandin Road; thence with the west side of said alley in a southerly direction 226.02 feet, more or less, to a point on the north side of a ten-foot alley running east and west in Block 16, Grandin Place; thence with the northerly side of said east-west alley and with the southerly terminus of the north-south alley ten feet, more or less, to a point on the east side of said north-south alley at its southerly terminus; thence with the east side of said north-south alley 226 feet, more or less, to a point on the south side of Maiden Lane; thence with the south side of Maiden Lane and the northerly terminus of the aforesaid north-south alley in a westerly direction ten feet, more or less, to the place of BEGINNING. be, and it hereby is, permanently vacated, discontinued and closed; and that all right, title and interest of the City of Roanoke 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 empowered 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, directed to mark "permanently vacated" on said alley on ail 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 for the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk of said court may make proper notation on all maps or plats recorded in his office upon which are shown said alley, as provided by 364 law, and that, if so requested by any party in interest, he may record the same in the deed book in his office, indexing the same in the name of the City of Roanoke as grantor and in the name of any party in interest who may request it as grantee. ATTEST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1968. No. 18380. AN ORDINANCE to amend and reordain Section =65, "Airport," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~b5, "Airport," of the i968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT ~65 Fees for Professional and Special Services (1) ...... $ 300.00 Operating Supplies and Materials (2) ................ 3,625.00 (1) Net increase ..................... $300.00 (2) Net decrease .................... $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 21st day of October, 1968. No. 18381. AN ORDINANCE to amend and reordain Section g71, "Garage," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section g71, "Garage," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: GARAGE ~7i Operating Supplies and Materials (1) ................. $ 5,592.15 Other Equipment-Replacement (2) ...................... 257.85 (1) Net decrease .... $257.85 (2) Net increase--- $257.85 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 21st day of October, 1968. No. 18382. AN ORDINANCE to amend and reordain Section ~75, "Recreation, Parks and Recreational Areas," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1968-69 Appropriatio Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: RECREATION, PARKS AND RECREATIONAL AREAS ~75 Buildings and Fixed Equipment-New (1) ................ $ 24,750.00 (1) Net increase $250.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. AT TE ST: City Clerk APPROVED Mayor 365 366 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1968. No. 18383. AN ORDINANCE to amend and reordain Section =69, "Refuse Collection and Disposal," of the 1966-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1968-69 Appropriation Ordinanc be, and the same is hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION AND DISPOSAL ~69 Overtime (1) ....................................... $ 9,000.00 Supplies and Materials-Construction (2) ............ 5,400.00 (1) Net increase $4,000.00 (2) Net decrease $4,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1968, No. 18384. AN ORDINANCE to amend and reordain "Non-Operating Expenses" of the 1968-69 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that "Non-Operating Expenses" of the 1968-69 Sewage Treatment Fund Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: NON-OPERATING EXPENSES Capital Outlay from Revenue (1) ................... $ 10,994.00 (1) Net increase ............. $5,497.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED 367 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1968. No. 18385. AN ORDINANCE to amend and reordain Section ~89A, "Capital Improvement Program," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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.A, "Capital Improvement Program," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as folloes, in part: CAPITAL IMPROVEMENT PROGRAM ~89A Civic Center (1) .................................... $ 3,32?,500.00 (1) Net increase-- $52,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: ty Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1960. No. 18386. AN ORDINANCE to amend and reordain Section ~45, "Police Department," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 Oepartment," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT ~45 Personal Services (2) (3) .......................... $ 1,134,942.00 Clothing and Personal Supplies (1) (4) ............ 23,500.00 (1) Uniforms purchased and o~ned by City (2) 14 crossing guards -$15,000.00 (3) Net increase 2,400.00 (4) Net increase ......................... 1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Mayor 368 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1968. No. 18387. AN ORDINANCE to amend and reordain Article IV, "Fire Prevention Bureau", of Chapter 2, "Fire Prevention", of Title XIV, "Fire Protection", of the Code of the City of Roanoke, 1956; adopting by reference the I965 edition and the revisions through October, 1966, of that certain Fire Prevention Code promulgated by the American Insurance Association, successor to the National Board of Fire Underwriter and the whole thereof, save and except such portions as are deleted, modified or amended, as provided herein, and prescribing regulations for the safeguarding to a reasonable degree of life and property from hazards of fire and explosion arising from the storage, handlin~ ~a'nd use' of ha'zardous' su'b'stances, materials and devices, and from conditions' hazardous to life or property in the use or occupancy of buildings or premises; providing for the severability of the provisions of this .ordinance; providing for the effective date of this o'rdinance; and providing for an emergency. WHEREAS, the Council heretofore appointed a Fire Prevention Code Study Committee, which committee was charged with the duty of studying and making recommendations as to the necessary revisions and amendments of existing regulation respecting fire prevention and safety from fire and explosion; and WHEREAS, after having met and considered various new fire prevention standards, said committee has recommended that Article IV of Chapter 2 of Title XIV of the Roanoke City Code be amended and reordained by the immediate adoption of the 1965 edition of that certain Fire Prevention Code recommended by the American Insurance Association, including the October, 1966 amendments thereto, in which recommendation the Council concurs; and WHEREAS, for the immediate preservation of the public safety, 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 Article IV, "Fire Prevention Bureau", of Chapter 2, "Fire Prevention", of Title XIV, "Fire Protection", of the Code of the City of Roanoke, 1956, be, and said article is hereby amended, in toro, and reordained, to read and provide, and to be codified as follows: Sec. 54. ARTICLE IV. FIRE PREVENTION BUREAU Adoption by Reference of 1965 Edition of the Fire Prevention Code Recommended by the American Insurance Association. That for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, explosion, hazardous chemicals and conditions, and panic conditions related thereto, that certain code known as the Fire Prevention Code recommended by the American Insurance Association, being particularly the 1965 Edition thereof, as amended through October, 1966, and the whole thereof, including Article 31 and appendices A, B and C therein and such parts being as of the effective date of this ordinance, and save and except such portions as are hereinafter deleted, modified or amended, be, and the same are hereby adopted and incorporated as fully as if set out at length herein. Sec. 55. Establishment and Duties of Bureau of Fire Prevention. (a) The Fire Prevention Code shall continue to be enforced by the Bureau of Fire Prevention in the Fire Department of the City of Roanoke, which has heretofore been established and which shall continue to be operated under the supervision of the Chief of the Fire Department. It shall be empowered to enforce all laws of the municipality dealing with the protection of life and property from fire and explosion and the safe escape there- from, and the handling, storage and use of all dangerous or combustible materials. As provided in Title 27, Chapter 1, Sec. 27-5.1, of the 1950 Code of Virginia and the 1968 Cumula- tive Supplement, the minimum standards established shall be not less than, and shall include, but shall not be limited to, regulations as prescribed by the Virginia Fire Hazards Law and set forth as empowered by Sec. 27-72 therein. It shall have such other powers and duties as may be conferred or imposed from time to time by law. (b) The Chief of the Bureau of Fire Prevention shall be appointed by the Chief of the Fire Department with the approval of the City Manager. (e~) The Chief of the Fire Department shall assign or detail such members of the Fire Department as inspectors or other assistants as he may deem necessary in administering and enforcing the provisions of this article. The Chief of the Fire Department shall also recommend to the City Manager any amendments to the code which, in his judgment, shall be desirable. Sec. 56. Definitions. (a) Wherever the word "municipality" is used in the Fire Prevention Code, it shall be held to mean the City of Roanoke. (b) Wherever the term "corporation counsel" is used in the Fire Prevention Code, it shall mean the City Attorney for the City of Roanoke. Sec. 57. Amendments made in the Fire Prevention Code. That the Fire Prevention Code be, and the same is hereby amended and re-enacted in the following respects: Sec. 57. - Amendment Number 1: The following sections and portions thereof are deleted: 12 3a (3) 12 4 13 3b, c, and d 13 4 13 5 13 6 Sec. 57. - Amendment Number 2: Sec. 1.2. Application of Code is hereby amended and re- enacted to read and provide as follows: (a) The provisions of this code shall apply equally to new and existing conditions except that existing conditions not in strict compliance with the terms of this code shall be permitted to continue where the exceptions do not consti- tute a distinct hazard to life or property in the opinion of the Chief of the Bureau of Fire Prevention. Any person served with an order for the correction of violations of this code under Section 1.6 hereof which would involve add- itions to, or structural changes in a building, or which would require extensive alterations in machinery or equipment, may appeal to the Board of Fire Appeals. If, after hearing, said board decides from the evidence that such correction would involve additions to, or structural changes in a building, or which would require extensive alterations in machinery or equipment and, in addition, that the situation sought to be corrected clearly does not constitute a distinct hazard to life or property, then the board may overrule or modify the terms of the order for correction. Unless said 370 board so decides, such person must comply with any such order for correction. (b) The Chief of the Bureau of Fire Prevention shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficul- ties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. Sec. 57. - Amendment Number 3: Sec. 1.4. Inspection of Buildings and Premises is here- by amended and re-enaCted to read and provide as follows: (a) It shall be the duty of the Chief of the Fire Depart- ment to inspect, or cause to be inspected by the Bureau of Fire Prevention, and by other Fire Department officers or members, as often as may be necessary all buildings and premises and public thoroughfares, except the interiors of private dwellings or private dwelling units, for the .purpose of ascertaining and causing to be corrected any conditions liable to cause or contribute to the spread of or danger from fire or explosion or from any dangerous materials or any violation of the provisions or intent of any ordinance of the City affecting said hazards or the safe escape therefrom. (b) In addition, the Chief of the Fire Department shall cause inspection to be made of all buildings, premises, and public thoroughfares, including the interiors of private dwellings and dwelling units, following damage to any of the same caused by fire or explosion or when permission to make such inspection has been given by the owner of any such private dwelling or private dwelling unit, his authorized agent, or any occupant thereof. (c) Except where an emergency exists by reason of the presence of smoke, flames, fumes or other evidence of conflag- ration, before entering for purposes of inspection, a private building or dwelling unit not open and accessible to the general public, an inspector shall obtain the consent of an occupant, authorized agent or Owner of such building or dwelling unit or shall obtain from a judge or court of competent jurisdiction a search ~arrant authorizing entry of such premises for the purposes of inspection for conditions liable to cause or contribute to the spread of or danger from fire or explosion or for the purpose of determining the correction of any such dangerous condition or hazard theretofore.determined and ordered to be corrected; provided, however, that no such search warrant shall be issued authorizing the inspection of any private dwelling unit unless there be made to appear to the judge or court issuing the same, by oath or affidavit of such inspector or other person appearing before the judge or court, reasonable grounds or circumstances to believe that there exists or is present in such dwelling unit a condition or conditions liable to cause or contribute to the spread of fire or explosion endangering the public safety. It shall be unlawful for any person to interfere with or attempt to prevent any inspector from lawfully entering and inspecting any building or premises or, when an emergency exists or the inspector exhibits a warrant authorizing such entry, from entering and inspecting any private building or dwelling unit or portion thereof, or to interfere with or to prevent the completion of inspection when such consent or authority has first been obtained. Inspectors shall have the right to photograph physical conditions of property so inspected. It shall be unlawful for any unauthorized person to wear the official badge, identification or uniform of the Fire Department, or to impersonate a fire inspector with the intent of unlawfully gaining access to any building or prem- ises in the City of Roanoke. (d) For the purpose of more efficiently performing the duties and responsibilities set forth in Sec. 1,4 (a), (b), and (c), the Chief of the Fire Department, the Chief of the Bureau of Fire Prevention and such other members of the Fire Department as are assigned to the Bureau of Fire Prevention, are hereby invested, in respect to such duties, with the powers of a police officer. 371 Sec. 57. - Amendment Number 4: Sec. 1.6. Service of Orders is hereby amended and re- enacted by the addition of a new paragraph (c) to read as follows: Upon determining that there exists in a building or structure or a portion thereof a dangerous or hazardous condition as defined in Sec. 1.5., sup~, should the Chief of the Bureau of Fire Prevention be unable to obtain the abatement of said condition or conditions by the procedure set forth in subsection (a) or (b) of this section, su. pK~, said Chief'shall certify such facts to the Building Commis- sioner of the City of Roanoke, who shall then proceed to abate such dangerous or hazardous condition under the procedures set forth in paragraphs (c), (d) and (e) of Subsection 103 of Sec. 2., of the 1967 Building Code of the City of Roanoke; whereupon, should such abatement be made at the expense of the City, the cost thereof shall constitute a lien on the land upon which the building or structure containing and/or constitut- ing such hazardous or dangerous condition was located, and such cost shall be recovered from the owner or other person in possession, charge or control of such property, as provided for in paragraphs (d) and (e) of said Subsection 103 of Sec. 2., of said 1967 Building Code of the City of Roanoke, and as provided in Sec. 51. of the Roanoke City Charter. Sec. 57. - Amendment Number 5: Sec. 1.9. Permits is hereby amended and re-enacted by the addition of two new lettered subsections (f) and (g), which said subsections shall read and provide as follows: (f) A permit shall be necessary for the operation of institutional occupancies. (9) No new occupancy requiring a permit will commence operation until all requirements are met and a permit is obtained. Sec. 57. - Amendment Number 6: Sec. 1.12. Definitions is hereby amended and re-enacted by the addition of a paragraph to read and provide as follows: For the purposes of this chapter, a private dwelling is defined as being a building occupied exclusively for residence purposes and having not more than two private dwelling units, or one occupied or used as a boardinghouse or rooming house serving not more than six guests, all of whom shall be fully ambulatory and mentally competent, .and capable of taking care of their own personal needs except in cases of obviously temporary and short-lived indisposition, with meals or sleeping accom~dations. Premises or buildings occupied or operated as day nurseries, kindergartens, orphanages, private schools, convalescent homes, homes for .the aged, or for any similar purpose, whether or not so designated by name, shall in no event be deemed to be a private dwelling or a private dwelling unit as hereinabove defined, and throughout this chapter shall be considered as institutions. Sec. 57. - Amendment Number 7: Sec. 11.1. Obstructions to Means of Eqress is hereby amended and re-enacted by the addition of a Subsection (e) to read and provide as follows: (e) Any single or combination of fire protection or exit facilities, devices of any kind, or signs, in view or otherwise indicating for use under emergency conditions by public or employees, must be, whether or not required by law, either fully maintained at all times the building or premises is in use, or be removed, corrected, or non-use clearly indicated as may be required. Sec. 57. - Amendment Number 8: Sec. 11.4'. Stairway Doors to be Kept Closed is hereby amended and re-enacted to read and provide as follows: (a) All fire doors in every building shall be kept in proper working condition at all times. Self-closing and automatic fire doors required by law shall not be obstructed, held or blocked open so as to interfere with or prevent their free operation. A building owner or occupant shall place such signs or take such other measures as may be necessary to assure compliance. 372 (b) Access doors and windows. (1) "Access door" or "access window" is any door or window which, in the opinion of the Chief of the Fire Department or the Chief of the Bureau of Fire Prevention, is likely to be needed for entrance into a building by the Fire Department in case of a fire. (2) The Chief of the Fire Department or the Chief of the Bureau of Fire Prevention may, by signs posted thereon or in any other appropriate manner, mark such access doors or windows for the benefit of the Fire Department in the event of a fire in the building. (3) Whenever the Chief of the Fire Department or the Chief of the Bureau of Fire Prevention shall find in any building any access door or access window obstructed by articles stored within the building, or otherwise ob- structed in such a way that firemen would not be able to gain reasonable access into such building, the Chief of the Fire Department or the Chief of the Bureau of Fire Prevention shall notify the occupant of the building, or, if unoccupied, the owner thereof, to remove the obstruction and, thereafter, keep the door or window unobstructed. It shall be unlawful for the person to fail to comply with the reasonable requirements of any such notice. (c) In every new building or building hereafter covered by a false front or facade or which is remodeled in any way so as to close windows in the front, side or rear, there shall be provided not less than one access window or panel in every story. The location and number in excess of one, if any, shall be as required by the Chief of the Bureau of Fire Prevention. Such windows or panels shall be obvious or plainly marked, and shall be not less than 32 inches wide or less than 48 inches high. Sec. 57. - Amendment Number 9: Sec. 12.5. General Requirements, paragraph (b) is hereby amended and re-enacted to read and provide as follows: (b) The storage of explosives and blasting agents is prohibited within the fire limits as set forth in Title XV, Chapter 1.1, Subsection 103, of the 1967 Building Code of the City of Roanoke, and in closely built commercial or industrial areas and heavily populated areas and such other areas as the Chief of the Bureau of Fire Prevention shall specify, except for temporary storage for use with approved blasting operations; provided, however, this prohibition shall not apply to wholesale and retail stocks of small arms ammunition, fuses, lighters, fuse igniters, and safety fuses (not including cordeau detonant fuses) in quantities involving less than 500 pounds of explosive material; nor shall it apply to explosive-actuated'power devices, when employed in construction operations in highly populated areas, in quantities involving less than 50 pounds of explosive material. Sec. 57. - Amendment Number 10: Sec. 13.2. Definition of Fireworks is hereby amended and re-enacted to read and provide as follows: Fireworks shall mean and include any combustible or explosive compositibn,or any substance or combination of sub- stances, or article prepared for the purpose of producihg a visible or an audible effect by combustion, explosibn, deflag- ration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers, or other devices of like construction and any devices containing any explosive or flammable compound, or any tablets or other devices containing any explOsive substance, except that the term "fireworks" shall not include auto flares, paper caps containing not in excess of an average of twenty-five hundredths of a grain of explosive content per cap manufactured in accordance with the Interstate Commerce Commission Regulations for packing and shipping as provided therein, and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times. Pyrotechnics (special fireworks) shall comply with the applicable provisions of Article 12; nor shall the terms include model rockets and their components when utilized for educational purposes and kept and used under the supervision and control of qualified adults or 373 organized clubs or associations formed for such purpose; and the requirements for all such model rockets and their engines, the locations for their operation, launching, tests and experi- ments, and prohibited and excepted activities relative to model rockets shall be governed by and be in accordance with the standards and regulations made and contained in the Code for Model Rocketry, 1968, as promulgated by the National Fire Protection Association in its Standard No. 41L, which said Standard No. 41L is incorporated herein by reference. Sec. 57. - Amendment Number 11: Sec. 14.3. Maintenance of Equipment is hereby amended and re-enacted by the addition of a paragraph to read and provide as follows: Further, no fire extinguishing device of any kind, whether or not required by law, shall be so placed or located as to give any indication of being available or ready for use, unless fully ready and properly charged. Every such device shall bear tag, decal, or stamp indicating the date last hydrostatically tested, charged, weighed, or otherwise checked as required by standards of good practice, or when sufficiently new, the date placed in service in lieu thereof. No person shall recharge or permit to be recharged any such ext nguishing device until and unless such device is tested and maintained as hereinabove described and required in accordance with standards of good practice. Sec. 57. - Amendment Number 12: Article 14. Fire Protection Equipment is hereby amended and re-enacted by the addition of a new Sec. 14.7. to read and provide as follows: Sec. 14.7. Sprinklers Required in High-Rise Buildings. (a) A complete automatic sprinkler system shall be required in all high-rise buildings, including high-rise additions, hereafter constructed and for which construction no building permit has been issued as of the effective date of this code. (b) A high-rise building is defined as one more than nine stories or more than 100 feet in height. Sec. 57. - Amendment No. 13: Sec. 16.22. Installation of Outside Aboveqround Tanks, paragraph (a) is hereby amended and re-enacted to read and provide as follows: (a) Restricted locations. The storage of Class I flam- mable or combustible liquids in aboveground tanks outside of buildings is prohibited within the fire limits as set forth in Title XV, Chapter 1.1, Subsection 103, of the 1967 Building Code of the City of Roanoke, and in any other districts as specified by the Chief of the Bureau of Fire Prevention. Sec. 57. - Amendment Number 14: Sec. 16.51. Location of Plants is hereby amended and re-enacted to read and provide as follows: Restricted locations. No new bulk plant shall be constructed within the fire limits as set forth in Title XV, Chapter 1.1, Subsection 103, of the 1967 Building Code of the City of Roanoke or in closely built commercial areas and heavily populated areas. Sec. 57. - Amendment Number .15: Article 20. Hazardous Chemicals is hereby amended and re-enacted by adding thereto a new Sec. 20.14 to read and provide as follows: Sec. 20.14. Right of Removal. The Chief of the Bureau of Fire Prevention may seize, take, remove, or cause to be removed at the expense of the owner any or all stocks of hazardous materials which are illegally or dangerously offered or exposed for sale, stored, without proper permit, or otherwise held in violation of the provisions of this code. 374 Sec. 57. - Amendment Number 16: Sec. 21.6. Location of Containers, .paragraph (a) is hereby amended and re-enacted to read and provide as follows: (a) The bulk storage of liquefied petroleum gas is restricted within the fire limits as set forth in Title XV, Chapter 1.1, Subsection 103, of the 1967 Building Code of the City of Roanoke, and in closely built commercial areas and heavily populated areas. The aggregate capacity of any one installation shall not exceed 2,000 gallons water capacity; except that in particular installations this capacity limit may be altered at the discretion of the Chief of the Bureau of Fire Prevention after consideration of special features, such as topographical conditions, nature of occupancy and proximity to buildings, capacity of proposed tanks, degree of private fire protection to be provided, and facilities of the local Fire Department. Sec. 57. - Amendment Number 17: Sec. 27.11. Number of Occupants Permitted is hereby amended and re-enaCted to read and provide as follows: (a) In addition to the periodic inspections required by Sec. 1.4 of this code, it shall be the duty of the Chief of the Bureau of Fire Prevention to inspect or cause to be inspected each place of public assembly at such times, includ- ing time of occupancy and use, as may be necessary to insure compliance with all laws, regulations and orders dealing with overcrowding, use of decorations, maintenance of exists, collapse of revolving doors, and maintenance of fire appliances in such places of assembly. Where conditions are found to be unsatisfactory, written orders for immediate correction shall be given. Any such order shall forthwith be complied with by the persons to whom it is directed. Any person to whom such order is directed, or other person in charge, may then file an appea~. (b) The maximum number of persons who may assemble in any night club, cabaret, dance hall or other similar place where musical entertainment, singing, dancing, or other similar amusement is presented or permitted in connection with any establishment or restaurant, or any other establish- ment directly or indirectly serving persons in such places with food or drinks, shall not exceed the allowable capacity by exits required, as determined by recognized tables for minimum number of persons, or occupant content of any floor area, and as further limited by subsection (d) below. All regulation and supervision in the handling of the people in such occupancies shall be under the direction of the Chief of the Bureau of Fire Prevention or his authorized representative. The maximum number of persons who may assemble in any auditorium, convention hall or other similar place of assembly for the purpose of attending a convention, lecture, sporting event, theatrical or dramatic show, or other similar event, where the principal or active participants of any such event are located on a stage or platform and the audience is seated in chairs not fixed in place or securely attached to the floor, shall not exceed the allowable capacity by exits required, as determined by recognized tables for minimum number of persons, or Occupant content of any floor area, and as further limited by subsection (d) below. All regulations and supervision in the handling of the people in such occupancies shall be under the direction of the Chief of the Bureau of Fire Prevention or his authorized representative. The maximum number of persons who may assemble in any theatre, auditorium, motion picture house or similar place of assembly, designed and constructed for such purposes, and having permanent aisleways and fixed seats extending over at least 75 per cent of such assembly floor area shall not exceed the allowable capacity by exits required, as deter- mined by recognized tables for minimum number of persons, or occupant content of any floor area, and as. further limited by subsection (d) below. All regulations and supervision in the handling of the people in such occupancies shall be under the direction of the Chief of the Bureau of Fire Prevention or his authorized representative. 375 The maximum number of persons who may assemble in a sporting area, coliseum, skating rink or other similar place where a portion of the floor area for the assembly of spectators is separated from the area provided for skating, boxing, basketball or other similar sporting events confined to fixed areas, shall not exceed the allowable cap- acity by exits required, as determined by recognized tables for minimum number of persons, or occupant content of any floor area, and as further limited by subsection (d) below. All regulation and supervision in the handlin9 of the people in such occupancies shall be under the direction of the Chief of the Bureau of Fire Prevention or his authorized represen- tative. The maximum number of persons who may assemble in any restaurant, cafe, banquet hall, tavern or other similar place for eating or drinking only, where tables and chairs are pro- vided for the accommodation of the patrons, shall not exceed the allowable capacity by exits required, as determined by recognized tables for minimum number of persons, or occupant content of any floor area, and as further limited by sub- section (d) below. Ail regulations and supervision in the handling of the people in such occupancies shall be under the direction of the Chief of the Bureau of Fire Prevention or his authorized representative. (c) The maximum number of persons specified in the fore- 9oin9 standards apply fully to assemblies in fireproof and fire-resistant types of buildings. (d) The maximum number of persons permitted may be further limited in any occupancy as required by the Chief of the Bureau of Fire Prevention or his authorized representative when the use, arrangement or any other conditions of the occu- pancy demand it, and standees may be limited or eliminated as necessary. The number permitted will be conspicuously posted. Sec. 57. - Amendment Number 18: Sec. 28.1 (d) Chief May Prohibit is hereby amended and re-enacted to read and provide as follows: The Chief of the Fire Department may prohibit any and all bonfires and outdoor rubbish fires when atmospheric con- ditions or local circumstances make such fires hazardous. No~ person shall kindle, maintain or assist in maintaining any bonfire or other exposed fire within the fire limits as they now exist or may hereafter be established, except under a written permit from the Chief of the Fire Department, when such burning shall be done in metallic receptacles approved by him and under such proper safeguards as he may direct as to time and weather conditions, and on condition that such permit carry an obligation on the part of the grantee to keep sufficient care and control of said fire, and to be responsible for all damages therefrom and that all resultant embers shall be extinguished and the hot ashes removed or wet down at the close of said fire. No person shall kindle, maintain or assist in maintaining any bonfire or other exposed fire within the city, outside of the fire limits, except durin9 the following periods and upon the following conditions:' Between the fifteenth day of April and the fifteenth day of September, between the hours of 7:00 A.M. and 7:00 P.M., and from the fifteenth day of September to the fifteenth day of April, between the hours of 7:00 A.M. and 6:00 P.M., and such fire must be under the direct supervision of an adult, who must be present from the time the same is started until it is extinguished, and the same obligations are hereby imposed upon such adults as are hereinbefore imposed when the fires are maintained under a permit issued by the Chief of the Fire Department. Sec. 57. - Amendment Number 19: Sec. 28.7. Handlinq Readily Combustible Materials is hereby amended and re-enacted to read and provide as follows: No person having charge or control of any building or premises in the City of Roanoke shall permit the accumulation or storage of any shavings, excelsior, rubbish, sacks, bags, boxes, litter, hay, straw, waste paper, old wood or other com- bustible trash, waste or fragments in or upon said building or premises except that accumulation or storage that is com- pactly hal ed and stored in a neat and orderly manner or stored in suitable vault or in metal lined, covered receptacles or bins with metal lined self-closing doors or covers as may be required by the Chief of the Bureau of Fire Prevention. 376 However, nothing in this section shall be construed to apply to offices where the following conditions are adhered to: (1) where suitable and sufficient receptacles are pro- vided for the disposal of waste material from normal operating conditions; (2) where such receptacles are fabricated from non-combustible material and the cubic content does not exceed two cubic feet of loose waste material. Sec. 57. - Amendment Number 20: Sec. 28.12. Maintenance of Chimne.~,s and Heatin.q Appliances is hereby amended and re-enacted to read and provide as follows: (a) Whenever the Chief of the Fire Department, the Chief of the Bureau of Fire Prevention or the authorized assistants of any such officers, shall find that the chimneys, flues, or smoke pipes of any house or building within the City are so constructed, or that the roof of any house or building is so defective, decayed or dilapidated as to cause danger from fire, such officer shall give the owner or occupant of any such house or building notice to make such repairs or alterations as may be requisite to remove the cause of danger within a reasonable period after the .service of such notice. Any person failing to comply with the provisions of such notice shall, upon conviction, be fined five dollars for each day until such repairs or alterations are made after the expiration of the time specified in said notice. (b) In the event that conditions existing are, in the opinion of the Chief of the Bureau of Fire Prevention or his authorized assistant, such that there is immediate danger of fire from the use of such chimney, flue or smoke pipe, the Chief of the Bureau of Fire Prevention or his assistants shall give to the owner or occupant notice to discontinue immediately the use of such chimney, flue or smoke pipe, and upon receipt of such notice said owner or occupant shall not use, or permit to be used, such chimney, flue or smoke pipe until the repairs or alterations therein required have been completed. (c) All heating stoves, furnaces, boilers, heaters or other appliances shall be installed, maintained and operated at all times so as not to create a fire hazard and the in- stallation, maintenance and operation of all such appliances shall be subject to inspection by the Chief of the Bureau of Fire Prevention or his duly authorized representative. (d) No combustible material of any kind shall be stored within 0 feet of the front, or within 4 feet of the sides and rear of any furnace or other central heating appliance burning solid or liquid fuel, unless such material be separated from such furnace or other heating appliance by a partition not less than 6 feet in height built of non-combustible construction or having a non-combustible covering thareon. (e) Any heating device found by the said officer or any of his authorized representatives to be improperly constructed, installed, maintained or operated so as to create fire hazards or to be in any way dangerous to life and property, shall be placed out of operation when so ordered by the Chief of the Bureau of Fire Prevention or any of his authorized represen- tatives, and any such device or appliance shall not be operated again until properly constructed, installed, repaired, or the method of operation complained of is properly corrected. (f) When any furnace or central heating device is found to constitute a fire hazard by reason of improper maintenance or lack of repair, any heating contractor or repairman, not making necessary repairs, shall report such condition to the Fire Prevention Bureau immediately. (g) Stoves and other heating apparatus with an open flame shall not be used in any room where rags, excelsior, hair or other flammable materials are stored, processed or handled, nor in any room used for the upholstery of mattresses, bedding or furniture, or where flammable vapors are likely to be present in the atmosphere. Sec. 57. - Amendment Number 21: Article 28. Precautions Against Fire, General is hereby amended and re-enacted by adding thereto Sections 28.15, 28.16, 28.17, 28.18, 28.19 and 28.20, to read and provide as follows: 377 Sec. 28.15. Installation of ltan.qes.~ (a) In all existing range hoods, and in new installations requiring range hoods, in any location except private dwellings, the vent shall be so constructed as to provide an effective filter which shall be removable and so designed' as to prohibit the accumulation of grease or deposits of combustible matter beyond the filter. The filter shall be frequently cleaned to prevent the accumulation of grease or combustible material which will prevent the effective functioning as a filter. An electrically operated exhaust fan with motor and wiring installed outside of duct or hood shall be a part of the installation and shall be in operation at all times when the range is in use. The fan shall not be operated without the presence of an effec- tive filter which is clean so as to allow the proper functioning of the filter. (b) In addition, the exhaust pipe leading from the vent to the outside of the building shall be equipped with one or more doors with effective closure, so constructed that clean- ing of the exhaust pipe at necessary intervals to keep the pipe ,clear of accumulated grease or combustible material, may be permitted, and an accurate record maintained of such cleaning done. The exhaust pipe shall be so constructed and of sufficient size and height that obnoxious or disagreeable odors or fumes will not be objectionable to the occupants of neighboring structures or buildings. The joints of the exhaust pipe shall be tight and welded together, or put together with rivets or metal screws. (c) Hoods and ducts over kitchen ranges shall be installed as required in the Building Code and all such hoods and ducts and grease retaining pans under burners shall be kept free of an accumulation of grease and other flammable materials which might collect therein. Ducts, hoods, booths and spray rooms where flammable materials are applied shall be kept clean at all times. All ventilatin9 ducts where any combustible matter accumulates shall be regularly cleared of such deposits and maintained at all times in a safe condition. Sec. 28.16. Electrical Equipment. (a) Lamp cord or other conductors not approved for permanent wiring shall not be installed, used or maintained as permanent wiring. (b) Such wiring shall not be connected directly to electric wiring, stapled, nailed, spliced or come in contact with any pipes or other metal objects or secured to any furn- iture or structure. (c) Extension cords or attached plugs shall not be secured directly to any object, extended outside the room in which it originates or run on floor across doorways, under floor covering or other places where it may be subjected to mechanical injury. (d) No electrical equipment, cord or fuses shall be offered for sale, purchased or used in the City of Roanoke except those listed by the Underwriters Laboratories and bearin9 the Underwriters' label. (e) The capacity of a fuse shall not exceed the amperage rating of the conductors it protects. Sec. 28.17. Hazardous Operations and Equipment not Covered by This Code. Any hazardous operation or hazardous equipment not covered by this Fire Prevention Code shall conform to regula- tions promulgated by the Chief of the Bureau of Fire Preven- tion, approved by the Chief of the Fire Department and consistent with the requirements and intent of this Fire Prevention Code covering similar operations or equipment. They shall further act to determine and specify any new or other materials, processes, occupancies and trades which shall require permits, and their conditions, in addition to those, enumerated in this article. Subject to being overruled by the Board of Fire Appeals, the determination as to hazard in any instance where for any reason a question exists not clearly spelled out herein, shall be in the opinion of the Chief of Fire Prevention, throughout this code. 378 Sec. 28.18. Combustible Materials to be Proteqted From Heat. Notwit'hstanding any other provision of this code or the Building Code, no stove, furnace, boiler, heater, stove pipe, or other heat-producing or heat-carrying appliance, fixture or equipment shall be so located as to subject wood doors, wood walls or other combustible parts of any building or structure or'the contents thereof to a temperature which, in the opinion of the Chief of the Bureau of Fire Prevention or his authorized representative, would ignite such materials. Existing wood floors, wood walls, or other combustible parts of any building or the contents thereof exposed to such temperatures as could occur shall be protected by asbestos or other fire-resistive material, as may be directed. Sec. 28.19. Placardin.q of Buildings. (a) In the event there shall be, in the opinion of the Chief of the Bureau of Fire Prevention or his authorized representative, any immediate danger of a fire or explosion occurring in any building or premise so as to endanger life or property, or any danger to life only, as from panic or improper seating, aisleways, or other exit facilities, should a fire or explosion occur, the Chief shall have the right and he is hereby authorized to order the immediate cessation of activities at, or the partial or complete evacuation of any buildings or premises, and to place upon such structures or premises a placard not less than 12 inches by 12 inches, warning all persons to vacate and keep away from such build- ings or premises. Such placard when so placed by the Chief shall not be removed except by his authority. Any person tampering with or removing such placard or ignoring the warning therein contained shall be guilty of a violation of this article. These same provisions shall further apply to any real or potential hazard from possible ionizing radiation from radioactive materials or any other noxious, toxic or otherwise dangerous-to-life material or situation. (b) The separation or isolation of any material which in combination with other chemical or organic nfatter may cause a fire or explosion or liberate a hazardous or poisonous gas will be required. It shall be the duty of any person who uses, handles or stores any such known material to inform the Fire Prevention Bureau of its presence, when first to be received, and, as required thereafter, the circumstances of any repeated or continuing presence. (c) In the event any person desires to appeal from any action taken in (a) or (b) of this section, the warning con- tained in the placards or orders or the required separation or isolation shall first be complied with. Sec. 28.20. Vacant Buildings. (a) Vacant buildings are divided into three (3) classes as follows: Class I. Temporary Vacant Buildings shall include every building or portion of a building which the occupants have left unguarded without removing all appliances or equipment, but from which no utility services have been disconnected. Class II. Practically Vacant Buildings shall include every building or portion of a building.from which all or most of the appliances or equipment may have been removed, but from which the utility services have not been disconnected. Class III. Completely Vacant Buildings shall include every building or portion of a building from which all or most of the appliances or equipment may have been removed, and from which some or all of the util- ity services have been disconnected. (b) The requirements for vacant buildings shall have the following minimums: The doors and windows 'within 12 feet above the ground of all buildings of Class I vacancies shall be closed and securely locked. Ail doors and windows of all buildings of Class II vacancies shall be closed and securely locked. All gas burners shall be cut off. All electric lighting appliances and equipment circuits shall be shut off by opening the main switch at the meter circuit panel boards. 379 In Class III vacancies all doors and windows and other openings shall be closed and securely locked. If deemed necessary and advisable by the Chief of the Bureau of Fire Prevention, all windows within 12 feet from the ground-shall be further protected by boarding up with wood or metal panels, shutters or other approved shields before any Class III vacancies are closed. The total disconnection of utilities will not be required when such disconnection would adversely affect the satisfactory, operation of a s. prinkler system or other approved fire or b~r_q, lar protection systems. In addition to the above minimum requirements for each Class, all trash, rubbish and other flammable or combustible material shall be removed from the premises. Other orders necessary to protect the property, or adjacent property, from the hazard of fire shall be complied with. Failure to comply with the provisions of this section shall be a violation of this code. Further, all vacant buildings or other structures from which the usual precautions against trespassin9 have been removed and the owner of which cannot be located, or will not protect and continue to protect such buildings in accordance with the requirements of this Fire Prevention Code, shall be considered as unsafe and dangerous buildings. In such case, the Chief of the Fire Department shall notify the Building Commissione.r of such building or structure and he shall proceed in accordance with the provisions of the Buildin9 Code applicable to unsafe and dangerous buildings and other structures. Sec. 58. Appeals. Whenever the Chief of the Bureau of Fire Prevention shall disapprove an application or refuse to 9rant a permit to any person, or. it is claimed that the provisions of the code do not apply, or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, then the person so aggrieved may appeal from the decision to the Board of Fire Appeals; however, failure to appeal within ten days of such decision or failure to comply with the decision in the time allotted for compliance, if less than ten days, vacates the right of subsequent appeal to said Board of Fire Appeals from said decision. Appeals are to be made in writing to the City Clerk, specifying the grounds therefor. The City Clerk shall notify forthwith the Chief of the Fire Department and the chairman of the Board of Fire Appeals of the filing of such appeal. The Board shall fix a reasonable time for the hearin9 of the appeal and give due notice to the parties in interest, and decide the issue in a reasonable time. In order to provide for the hearing of appeals taken from the decisions of the Chief of the Bureau of Fire Prevention, there shall be continued a Board to be known as the "Board of Fire Appeals" to be composed of five members appointed by the Council of the City of Roanoke. Said members shall be qualified voters of the City of Roanoke who hold no office of profit under the City 9overnment and who shall serve without compensation. Two o:f the original appointments shall be for a period of two years, and three shall be for a period of four years. Succeeding appointments shall be for terms of four years each. Vacancies for the unexpired portion of appointments shall be filled by the Council. The City Manager will arrange a suitable meeting place and such other incidental services necessary for their proper function. The Board shall elect one of its members as chairman, and may elect a vice-chairman. The Board may 'reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have the powers, in Sec. 1.2 (a) in the Code, of the administrative officer charged by this article with enforcement. The Board shall be empowered to call such witnesses of the parties in interest as necessary. The concurring affirmative vote of a majority of the members of the Board hearing the appeal shall be necessary to reverse or modify any order, requirement decision or determination of the administrative officer. The Board shall keep a record of its proceedings showing the vote of each member or if absent or failing to vote, indicating such fact, and keep records of all its official actions, and which records shall be a public record. If for any reason more than one member of the Board be absent, a postponement shall be granted upon request of 38O The Board shall further serve to advise the Council in matters affecting the fire hazard in the City. Sec. 59. Validity of other laws. Nothing in this code shall be construed to prevent the enforcement of any other laws which provide more stringent requirements or limitations. Sec. 60. Penalties. Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith,, or who shall violate or fail to comply with any order made thereunder-, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Fire Appeals, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not less than $5.00 nor more than $500.00, or by imprisonment for not more than 12 months or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue; and all such persons shall be required to correct such violations or defects within a reasonable time; and when not otherwise specified, each day's continuance of violation thereof shall constitute a separate offense. Sec. 61. Saving clause. Nothing in this ordinance or in the Fire Prevention Code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby; nor shall any right of remedy of any character be lost, impaired or affected by this ordinance. Sec. 62. Validity. The invalidity of any section or provision of this ordinance or of the Fire Prevention Code hereby adopted shall not invalidate other sections or provisions thereof. Sec. 63. Inconsistent Ordinances Repealed. Ordinances or parts thereof in force at the time that this ordinance, shall take effect and inconsistent herewith are hereby repealed. BE IT FURTHER ORDAINED that, an emergency existing, this ordinanc% be in force and effect upon its passage. AP P ROVED ATTE ST: /:Ci t y C1 e:rk . , Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1968. No. 18388. 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; and providing for an emergency. 381 WHEREAS, at a meeting of the Council held on October 7, 1968, and after due and proper public advertisement had been made therefor, certain bids for the supply to the City of the vehicle 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 tabulation and recommedations on said bids, from which it appears to the Council that the proposal hereinafter accepted represents the lowest and best bid made to the City for the supply of said vehicle and should be accepted; and that the other said bid should be rejected; funds sufficient to pay the cost of said equipment 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. THEREFORE, BE IT ORDAINED by the Council of the City of the City of Roanok, that the bid of The Tidy Corporation made to the City, of:fering to furnish and deliv~ to the City, f.o.b., Roanoke, Virginia, one (1) new E-Z Pack Model FL-45-20, refuse compaction unit, having a capacity of 20 cubic yards, complete with front-end loader assembly and 1969 Ford Model C-950 cab and chassis, fully meeting all of said City's specifications and requirements made therefor, for a total[ purchase price of $16,753 cash, less one percentum (1%) if paid within ten days after date of delivery, be, and said bid is hereby ACCEPTED; and the City's Purchasing Agent be, and he is hereb authorized and directed to issue the requisite purchase order therefor, incorporatin( 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, no to exceed the sum hereinabove set out. BE IT FURTHER ORDAINED that the other bid made to the City for the supply of the aforesaid vehicle be, and said other bid is hereby REJECTED; the City Clerk to so notify said other bidder and to express the City's appreciation of said bid. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in full force and effect upon its passage. ATTE ST: / City Clerk APPROVED Mayor 53, 382 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1968. No. 18389. A RESOLUTION establishing a local highway safety commission; providing for the membership thereof and the meetings of such members; and prescribing the duties of such commission. WHEREAS, Chapter 562 of the 1968 Acts of the General Assembly of Virginia provides, among other things, that each county and city within the State shall have a local highway safety commission, appointed by the local governing body and consist lng of such number of members as said governing body may determine, at least one of whom shall be a member of such governing body, said commission to be charged with th duties hereinafter set out; and the Council desires to make provision for the estab- lishment of such commission and the appointment of members thereto. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that there be, and is hereby established, pursuant to Chapter 562 of the 1968 Acts of the Gener Assembly of Virginia, the City of Roanoke Highw~ Safety Commission, to consist of nine (9) members, one (1) of whom shall hold membership on this Council, which said Commission shall meet a minimum of four times each year, but which may meet more frequently, on such dates and at such places as may be determined by the members of said Commission; such Commission to be charged with the responsibility for the formu. lation of a highway safety program for the City and, thereafter, with the responsi- bility for a periodic review of the operation and effect of such program; plans for the formulation of the first such highway safety program to be prepared and submittel to the Council no later than December 1, 1968, and to specifically include material on the status of, need for and means to provide within the City driver education and driver improvement courses for adults and out-of-school youths and identification of accident-prone locations on streets or roads within the City's jurisdiction and in cooperation with State agencies. BE IT FURTHER RESOLVED that, initially, one-half of the number of members of the aforesaid Commission shall hold office for terms of 2 years from .the date of such appointment, and one-half of the number of such members shall hold office for terms of 4 years from the date of such appointment; thereafter, members shall be appointed for 4-year terms. BE IT FURTHER RESOLVED that the following named persons be, and are hereby appointed members of said City of Roanoke Highway Safety Commission, to hold office for terms of two years from the date of this appointment, viz: Hon. James E. Jones Mrs. Alice P. Tice Mr. Philip E. Montano Miss Dorothy L. Gibboney Mr. James D. Sink and that the following named persons be, and are hereby appointed members of said City of Roanoke Highway Safety Commission, to hold office for terms of four years from the date of this appointment, viz: Mr. John C. Clarke Hon. Beverly T. Fitzpatrick Dr. Richard H. Fisher Mr. Lewis W. Perry, Jr. BE IT FURTHER RESOLVED that Honorable James E. Jones be and is hereby designated as chairman, pro tempore, of the aforesaid Commission for the purpose of arranging and conducting the initial organizational meeting of said Commission; and that the City Clerk do transmit to each abovenamed person and to the Governor of Virginia an attested copy of this resolution. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1968. No. 18390. A RESOLUTION authorizin9 the City Manaoer to approve two (2) metered water connections to certain premises located outside the corporate limits of the City, upon certain terms and conditions. WHEREAS, the owners of certain properties hereinafter described located outisde the corporate limits of the City but abutting on existing water mains of the City, have made application to the City to have their premises connected to the City water system; and WHEREAS, the City Manager has investigated the applications and, in view of the provisions of Resolution No. 16855 of the Council, has referred said applica- tions to the Council for consideration, recommendin9 that said water connections be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to approve, through the City's Water Department, metered connections to the City's public water distribution system locat in the streets on which the properties abut outside the City's corporate limits, of the followin9 described properties or premises, namely: (a) 2310 Mason Mill Road, N. E., designated Tinker Creek Parcel No. l, Argabright Tract, to be connected to a 2-inch water main in Mason Mill Road; and (b) Property of Mrs. Lucy Craft, located on the Old Hollins Road, described as the east side of Hollins Road (Virginia Route 601) approximately 400 feet north of the intersection of Hollins Road and Virginia Route 738, to be connected to a 12-inch water main in Hollins Road; such connections to be made in full compliance with the provisions established for such connections in Rule 38 of the Rules and regulations for the operation of the City's Water Department, and said water services to be hereafter supplied by the City in accordance with its general rules and regulations and at such rates and charg 383 384 BE IT FURTHER RESOLVED that this resolution shall not be construed as abrogating or changing in any way the policy heretofore established by the Council in its Resolution No. 16855. ATTEST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 1968. No. 18391. AN ORDINANCE creating the INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA; appointing the directors thereof; and providing for an emergenc ;~HEREAS, pursuant to the Industrial Development and Revenue Bond Act (Chapter 33, Title 15.1, Code of Virginia of 1950, as amended ) (the Act), the Genera Assembly of Virginia authorized the creation of industrial development authorities by the several municipalities in the Commonwealth of Virginia so that such authoritie may acquire, own, lease, and dispose of properties to the end that such authorities may be able to promote industry and develop trade by inducing manufacturing, indus- trial, governmental and commercial enterprises to locate in or remain in the Common- wealth and further the use of its agricultural products and natural resources, and vested such authorities with all powers that may be necessary to enable them to accomplish such purposes, which powers shall in all respects be exercised for the benefit of the inhabitants of the Commonwealth, for the increase of their commerce and for the promotion of their safety, health, welfare, convenience and prosperity; and ;~HEREAS, the Council of the City of Roanoke is authorized to create an industrial development authority as a political subdivision of the Commonwealth to promote and further the purposes of the Act; and I~HEREAS, the Council of the City of Roanoke is in accord with the purposes of the Act and has determined that it is in the best interests of the City and its inhabitants to create an industrial development authority pursuant to the Act; and ~/HEREAS, such an industrial development authority shall be governed by a board of seven directors to be appointed by the Council of the City of Roanoke, the initial directors to be appointed two each for terms of one, two, and three years, and one for a term of four years; and I~HEREAS, 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. 385 follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as 1. That there is hereby created a political subdivision of the Commonwealth of Virginia with such public and corporate powers as are set forth in the Industrial Development and Revenue Bond Act (Chapter 33, Title 15.1, Code of Virginia of 1950, as amended), including such powers as may hereafter be set forth from time to time in said Act; 2. That the name of the political subdivision of the Commonwealth created hereby shall be the Industrial Development Authority of the City of Roanoke, Virginia, (the Authority); 3. That the following persons are hereby appointed directors of the Authority for the terms of office herein set forth, which terms shall commence on the effective date of this ordinance: Name Address Term Benton O. Dillard 1961Bellevil e Road, S. W. 1 year Clarence E. Pond W. Bolling Izard Robert W. Woody John J. Butler Jack C. Smith Roanoke, Vir9 n~a 811 Orchard Road, S. W. Roanoke, Virginia 3646 Ridqewood Lane, S. W. Roanoke., ¥irg n~a 2815 South Jefferson St. Roanoke, ¥ rg~n~a 2958 Hemlock Road, S. W. Roanoke, V rg~n~a 201 Parkcrest Road, S. W. Roanoke, V rg~n~a 2509 Nottingham Road, S. W. Roanoke, V rg~n~a Roy C. Herrenkohl and 4. i ye ar 2 years 2 years 3 years 3 year s years; That the Mayor is hereby authorized to call the initial meeting of the board of directors of the Authority in the manner provided for the call of special meetings of the Council of the City of Roanoke. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be effective from the date of 'its passage. APPROVED Mayor ATTEST: / City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of October, 1968. No. 18379. 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. 213, Sectional 1966 Zone Map, 386 WHEREAS, application has been made to the Council of the City of Roanoke to have property located on the southwest corner of Tenth Street and Syracuse Avenue, N. W. (formerly Watts Avenue, N. W.), described as Lots 24 and 25, Block 20, Rugby Land Corporation, Official Tax Nos. 2130614 and 2130615, rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 14th day of October, 1968, 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. 213 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the southwest corner of Tenth Street and Syracuse Avenue, N. W. (formerly Watts Avenue, N. W.), designated on Sheet 213 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2130614 and 2130615, be, and is hereby, changed from RD, Duplex Residential District, to C-2, General Commercial District, and that Sheet No. 213 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of October, 1968. No. 18393. AN ORDINANCE providing for the City's acquisition of certain land necessar' for the better alignment and construction of the Hunt Avenue .extension into Liberty Road, and the widening of Eighth Street, N. W.; and providing for an emergency. 387 WHEREAS, the hereinafter described lands are wanted and needed by the City of Roanoke for the purpose of better aligning and constructing certain portions of Hunt Avenue extension into Liberty Road, and widening and improving Eighth Street, N. W.; and WHEREAS, the owners of said land are willing to donate and convey the hereinafter described lands to the said City of Roanoke for the nominal consideratior of $1.00, cash; 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 proper City officials be, and they are hereby authorized and directed to accept from William N. Pierce, Trustee, et al, on behalf of said City, a deed conveying in fee simple the following described lands, to-wit: those two certain strips or parcels of land, containing 1.287 acres and .106 acre, respectively, the first of said parcels of land bein9 located on the northerly side of property belongin9 to C. C. Williams, et al, northwest of and adjacent to Liberty Road, and extending to Hunt Avenue, N. W., the second of said parcels lyin9 southeast of and adjacent to Eighth Street, N. W., and extendin9 from Hunt Avenue northwardly to Levelton Avenue, both said parcels of land being shown on a plat prepared for Kennedy Apartment Trust by R. E. Robertson and R. C. Weeks, S.C.E's, bearin9 revised date of April 10, 1967; said deed to contain provision that the sole and exclusive purpose for which said lands are to be used is for establishing a 50-foot wide extension of those public streets known as Eighth Street, N. W., and Hunt Avenue, N. W., and said deed otherwise to be in such form as is approved by the City Attorney. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of October, 1968. No. 18394. AN ORDINANCE amending Title V of the Code of the City of Roanoke, 1956, as amended, relating to Finance, by the addition of a new chapter, to be numbered Chapter 4.1 and consistin9 of two sections, providing for the establishment of an Audit Committee and the membership thereof, and prescribing the duties and responsibilities of said committee; and providing for an emergency. 388 WHEREAS, the Council desires to make formal provision for the establish- merit of a committee to act in an advisory capacity to the Council and to certain officials of the City in matters relating to finances of the City; and WHEREAS, for the usual daily operation of the municipal government, an emergency is hereby set forth and declared to eixst in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title V of the Code of the City of Roanoke, 1956, as amended, be amended by the addition of a new chapter, to be numbered Chapter 4.1, to read and provide as fol lows: CHAPTER 4.1 AUDIT COMMITTEE Sec. 1. Audit Committee - Composition. There is hereby established an audit committee, to be composed of three members of the council, appointed by the mayor. The chairman of the committee shall be appointed by the mayor, and the members of said committee shall select a vice-chairman, and meetings of the committee shall be held on call of any member of the committee or of the mayor. Sec. 2. Duties. The audit committee shall act in an ad- visory capacity to the council, to the city auditor and to the city manager in matters relating to the city's finances and to that end shall have the right to have immediate access to all records and reports relating to financial matters and transactions of the city or of matters and things affecting such finances. The council, any member thereof, the city auditor and the city manager shall have the right to consult with and seek the advice of such audit committee on matters relating to the city's finances, but neither the committee nor any member thereof shall have authority to act for or to bind the city council unless expressly authorized so to do by ordinance or resolution of the city council. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTE ST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of October, 1968. No. 18395. A RESOLUTION relating to proposed improvements to and remodeling of the City's Municipal Building. II 389 BE IT RESOLVED by the Council of the City of Roanoke that, the City Manage so recommending, the City Manager be and he is hereby permitted to confer with Hayes, Seay, Mattern and Mattern, Architects and Engineers, heretofore employed by the City pursuant to Ordinance No. 17606 to provide certain professional services in connection with the construction of a new Municipal Buildin9 Annex and improve- ments to and remodelin9 of the existin9 Municipal Building, regardin9 preliminary plannin9 and studies attendant upon the work to be done upon the existin9 Municipal Building, express attention to be 9iven to the amount of funds heretofore allocated by the Council for all such work. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of October, 1968. No. 18396. A RESOLUTION approvin9 the removal of the old caretaker's buildin9 in Elmwood Park by employment of City forces. BE IT RESOLVED by the Council of the City of Roanoke that said Council, havin9 heretofore, by Resolution No. 18077, directed that plans be made for the removal of the old caretaker's buildin9 in Elmwood Park, more recently used as a senior citizens center, doth hereby, and on the recommendation of the City Manaqer made in writin9 under date of October 21, 1968, approve the removal of said build in9 by employment of City forces at such time as is scheduled and directed by the City Manaqer. APPROVED ATTEST: ,/.. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of October, 1968. No. 18397. A RESOLUTION repealin9 Resolution No. 16855, relatin9 to the administra- tion of Rule 38 of the Rules and Regulations for the operation of the City's Water Department. 390 WHEREAS, the Council is of opinion that requirement is no longer needed that each application made to the City for connection to its water distribution system outside the City be referred to the Council for approval by resolution, as provided by Resolution No. 16855, but that, except in unusual or questionable instances requiring the Council's consideration of such application, applications for sale of the City's surplus water to persons outside the corporate limits should be administered and controlled as provided in Rule 38 of the Rules and Regulations for the operation of the City's Water Department. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Resolution No. 16855, adopted January 31, 1966, relating to the administration of Rule 38 of the Rules and Regulations for the operation of the City's Water Depart- ment, be and said Resolution No. 16855 is hereby REPEALED; it to be understood, nevertheless, that the City Manager may, and should in the case of applications to the City for the sale of its surplus water outside its corporate limits involving unusual or questionable circumstances or in situations not fully provided for in said rule, refer such matters to the Council for consideration and approval. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of October, 1968. No. 18399. A RESOLUTION relating to a proposed amendment of Sec. 67. Amendments, of Chapter 4.1, Title XV of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, and to the procedure prescribed for amending said chapter. WHEREAS, the City Planning Commission has proposed to the Council the amendment of Sec. 67. Amendments, of Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, as hereinafter provided, and the Council, considering the matter, deems it proper to conduct a public hearing on the proposal. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Clerk do cause to be duly advertised notice of public hearing to be held before the Council on the 18th day of November, 1968, at 2:00 o'clock, p.m., on the proposal that the Council amend and reordain Sec. 67. Amendments, of Chapter 4.1. Title XV, of the Code of the City of Roanoke, 1956, relating to Zoning, so that said section shall read and provide as follows: Sec. 67. Amendments. Whenever public necessity, convenience, general welfare or good zoning practice require, city council may amend, supplement or change this ordinance, in- Cluding the schedule of district regulations and the official zoning map. Any such amendment may be ini- tiated by resolution of city council, by motion of 391 the planning commission, or by petition of any property owner addressed to city council. Such petition shall be in writing, and shall be accompanied by payment of fees and charges established. In addition, and when any such petition by a property owner be for the re- classification or rezonin9 of any property, there shall be attached to such petition the names and addresses, if known, of the owner or o~ners of the lots or property included in the proposed change, of the lots or property immediately adjacent in the rear thereof and of that or those directly opposite thereto; provided, however, that inaccuracy or inadequacy of any such list of owners shall not in any manner affect the validity of any proceedings had or taken by the city council with respect to the matters contained in such petition. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of October, 1968. No. 18400. A RESOLUTION endorsing and recommending approval of certain Acts of the 1968 General Assembly of Virginia providing for the sale and issuance of certain bonds of the State of Virginia for paying all or part of the cost of acquisition or construction of capital improvements at State-supported institutions of higher education in Virginia, including community colleges and four year colleges, and at State-supported mental hospitals and institutions. WHEREAS, Chapter 17 of the Acts of the 1968 General Assembly of Virginia, authorizing the issuance of bonds of the State of Virginia in an amount not ex- ceeding $67,230,000.00 for the purpose of providing funds to pay all or any part of the cost of acquisition or construction of capital improvements at State- supported institutions of higher learning, including community colleges and four year colleges, and Chapter 16 of said Acts, authorizing the issuance of bonds of the State in an amount not exceeding $13,770,000.00 to provide funds for the purpose of paying all or any part of the cost of acquisition or construction of capital improvements at State-supported mental hospitals and institutions, will be submitted to the qualified voters of the State, for approval, at the General Election to be conducted Tuesday, November 5, 1968; and WHEREAS, this Council is cognizant of the need for all such capital improvements should the State carry out its duties and responsibilities with respect to providing necessary facilities for purposes of higher education and of mental care and treatment, and said Council is convinced of the wisdom of the Governor and of the General Assembly in proposing and in authorizing, respectively, the aforesaid methods of providing funds for such purposes; 392 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council endorses the proposals made by the Governor and contaned in and' authorized by Chapters 17 and 16 of the 1968 Acts of Assembly of Virginia, for providing funds for needed capital improvements at the State's institutions of higher learning and at State-supported mental hospitals and institutions; and this Council recommends to the qualified voters of the City, voting at the General Election to be conducted Tuesday, November 5, 1968, that approval be given the aforesaid proposals by voting FOR each such question as contained on the official ballot of said election. BE IT FURTHER RESOLVED that the City Clerk cause an attested copy hereof to be published as a classified advertisement in The Roanoke Times on November 3, 1968. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of October, 1968. No. 18401. A RESOLUTION relating to certain proposed legislation. BE IT RESOLVED by the Council of the City of Roanoke that his Excellency, the Governor of Virginia, be and is hereby respectfully petitioned to cause to be submitted to the General Assembly of Virginia, meeting in special session, proposed legislation applicable to the County of Roanoke and to the governmental subdivisions within the outside boundaries thereof, which would make provision for the f°llowing, namely: 1. Amendment of Article 4, Chapter 26, Title 15.1, Code of Virginia, 1950, as amended, or new legislation, if'appropriate, to permit the consolidation of the parts of Roanoke County with any one or more cities or towns physically situate within the geographical boundaries of such county, and of requisite legis- lation to permit the consolidation of other governmental services and/or ,agencies in such area. 2. Amendment of Title 22, Code of Virginia, 1950, as amended, so as to permit the consolidation of the school systems of any one or more cities and/or Roanoke County, to be operated and controlled by a school board consisting ,of representatives of each of the governmental units, proportionately. BE IT FURTHER RESOLVED that an attested copy of this resolution be transmitted to the Governor of Virginia, in Richmond, and that other attested 393 copies hereof be transmitted to each of the City's representatives to the General Assembly of Virginia. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1968. No. 18392. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of R.oanoke, 1956, as amended, and Sheet No. 306, 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 15, 16, 17, 18 and the west one-half of Lot 19, Block 3, Fairmount Map, situated on the north side of Georgia Avenue, N. E., Official Tax Nos. 3061115 - 3061118, inclusive, rezoned from RD, Duplex Residential District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to LM, Light Manu- facturing District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and 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 day of October, 1968, 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, relatin9 to Zoning, and Sheet No. 306 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the north side of Georgia Avenue, N. E., described as Lots 15, 16, 17, 18 and the west one-half of Lot 19, Block 3, Fairmount Map, designated on Sheet 306 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 3061115 - 3061118, inclusive, be, and is hereby, changed from RD, Duplex 394 Residential District, to LM, Light Manufacturing District, and that Sheet No. 306 of the aforesaid map be changed in this respect. APPROVED ATTEST: / /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1968. No. 18398. AN ORDINANCE permitting the continuation of an encroachment of the rear portion of a building located at No. 806 Second Street, S. W., over the public alley abutting said building, upon certain terms and conditions. WHEREAS, the prospective purchaser of the building located at No. 806 Second Street, S. W., has requested that he be permitted to maintain the encroachment hereinafter described over the public alley abutting said property, and said en- croachment having existed from the construction of said building until the present, and, upon consideration of the request a~ pursuant to the authority vested in local governing bodies by Sec. 15.1-376 of the 1950 Code of Virginia, as amended, this Council is agreeable to said prospective purchaser's proposal and is willing to permit the encroachment over the public alley area hereinafter mentioned, upon the terms and conditions herein contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be, and is hereby granted to Mr. Leonard F. Anglin, the prospective purchaser of the building located at No. 806 Second Street, S. W., between Elm Avenue and Mountain Avenue, S. W., being described as the southerly part of Lot 1, Block 13, according to the Map of Official Survey, S. W. No. 2, and being further described as Official Tax No. 1021002, to maintain an encroachment over the northerly portion of the public alley abutting the aforesaid property, the said encroachment consisting of two overhanging bay windows extending approximately 34.2 feet along said alley, and varying in depth from O.1 feet to 2.4 feet south of the property line into said alley, such encroachment to be safely maintained at the expense of said permittee, his successors or assigns, in accordance with such of the City's building regulations and requirements as are applicable thereto; the maintenance of the aforesaid encroachment to be subject to the limitations contained in Sec. 15.1-376 of the 1950 Code of Virginia, abovementioned, said encroachment, further, to be limited to the life of the existing building, and the permit herein granted to be revocable at the will of the City Council, and it to be agreed by said permittee and to be evidenced by his execution of an attested copy of this ordinance that said permittee, his successors and assigns, will indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to persons or property that 395 BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by 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. ATTE ST: /_. City Clerk 1968: APPROVED ( SEAL ACCEPTED and EXECUTED by the undersigned this Leonard F. Anglin Mayor day of IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1968. No. 18405. AN ORDINANCE to amend and reordain Section ~16, "Hustings Court," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: HUSTINGS COURT DUes, Memberships and 'Subscriptions (1) ..................... $ 600.00 (1) 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 4th day of November, 1968. No. 18407. AN ORDINANCE directing and providing for the acquisition of certain parcel of land in fee simple and of certain easements in land wanted and needed by the City 396 for the widening and improvement of a portion of Franklin Road, S. W., (U. S. Route 220), under Project O220-128-102, RW-201; fixing the consideration offered to be paid by the City for each said parcel of land and/or easement and other terms and provisions of such acquisition; providing for negotiations for certain options; providing for the City's acquisition of said lands and easements by condemnation, under certain circumstances; authorizing the City Attorney to move for the award of a right of entry on each or any of said properties for the purpose of commencing its work of improvement; and providing for an emergency. WHEREAS, in order to provide for the widening and improvement of a portion of Franklin Road, S. W., U. S. Route 220, in accordance with certain plans therefor heretofore approved as Project 0220-128-102, RW-201, the parcels of land hereinafter described, each of which is set out and shown in detail on the plans of the aforesai project, are among those wanted and needed by the City for the purposes aforesaid, certain of said properties being needed to be acquire, d in fee simple and the City needing to acquire, in addition, certain easements necessary and sufficient for certain drains and for the proper construction of said ~ew street improvements; and WHEREAS, the City has caused appraisals to be made of the fair market value of each of the hereinafter described properties and of said easements necessar for the proper construction of said improvements, on the basis of which the valuatio hereinafter set out with respect to each said property have been determined by the Council to be fair and reasonable; and funds sufficient for the payment of the purchase prices hereinafter authorized to be paid have been heretofore appropriated by the Council for the purpose; and WHEREAS, by virtue of certain agreements entered into between the City and the Commonwealth of Virginia, Department of Highways, it is desired and intended by said parties that immediate construction of the aforesaid street improvements be commenced, prior to which it is necessary that the City have acquired a right of entry on each of the hereinafter described properties for the purpose of constructin said public improvements; 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 said City of Roanoke wants and needs for the purpose of its widening and improvement of a portion of Franklin Road, S. W., U. S. Route 220, and the proper City officials be, and are hereby authorized to acquire for said Ct.ty from the respective owners of the parcels of land hereinafter described and for the price set out opposite each said parcel, the fee simple title and/or the easements necessary for the proper construction of said street in and to the following described lands situate in the City of Roanoke, Virginia, on or adjacent to Franklin Road, S. W., said parcels of land'being described with reference to the City's plans for Project 0220-128-102, RW-201, viz: 397 Parcel 005, Parcel 012, Parcel 019, Parcel 042, Parcel 050, being a temporary construction easement in a certain 730 square foot strip of land averaging .approximately 3.5 feet in width and 2'11.7 feet in length alon9 the southerly line of Official Nos. 1150102 and 1150104, from Harry L. Rosenbaum, for the sum of bein9 (a) a temporary construction easement in a cer- tain 3,800 square foot strip of land of varying width extending approximately 543 feet along the southerly line of Official Nos. 1150103, 1150107 and 1272504, and, (b) a perpetual easement for purposes of a public storm drain in a certain 120 square foot parcel of land at the southerly corner of the aforesaid property, all as shown on the aforesaid project plans, from John S. Barbour and Stuart A. Barbour, for the sum of being a temporary construction easement in a certain 466 square foot stPip of land approximately 3.5 feet in width and 150 feet in length along the southeasterly side of Official Nos. 1280611 and 1280612, from Archie F. Parrish and Howard F. Patillo, for the sum of being (a) 17 square feet of land in fee simple and (b) a temporary construction easement in an additional 650 square foot strip of land, both along the southerly line of Official No. 1290104, from A. O. Krisch, Joel Krisch and Rosailea K. Shaftman, for the sum of and being a temporary construction easement in a strip of land containing 550 square feet, averaging 5.5 feet in width and being 100 feet in length along the southeasterly line of Official No. 1150105, from Renick Motor Company, Incorporated, for the sum of $ 120.00 $ 123.00 $ 201.00 $ 25.00 $ 414.00 Aggregate of all above considerations .................. $ 883.00 2. 'That the City Manager be, and he is hereby directed, immediately, to cause to be offered on behalf of the City to the owner or owners of each of the aforesaid parcels of land the consideration hereinabove set out for each said par- cel, for said owner's or owners' conveyance to the City of the rights or title neede, by the City in each said parcel of land or to negotiate to obtain for the City purchase options to acquire each of the abovedescribed parcels for th.e purchase prices hereinabove assigned to each respective parcel, and, upon acceptance of any such offer or offers and upon delivery to the City of a good and sufficient deed of conveyance or deed of easement, as the case may be, approved as to form and sufficie~ by the City Attorney, the city Auditor be, and he is hereby directed to make payment to each owner or owners so acceptin9 said City's offer of the consideration herein- above set out with respect to said land, such payment or payments to be made to such persons as are certified by the City Attorney to be entitled to the same; 3. That, should the City be unable to agree with the owner or owners of any of the parcels of land herein above set out for the City's purchase of said land or easement therein, as the case may be, or to obtain option to purchase the same as herein provided, the City Attorney is hereby authorized and directed to institute in a court of competent jurisdiction in the City condemnation proceedings to acquire for the City. the fee simple title and/or easement in such land or lands as are hereinabove set out and described and as the City is unable to acquire by purchase; and cy 398 4. That, in instituting or conducting any condemnation proceeding herein authorized to be brought on behalf of the City, the City Attorney is hereby autho- rized and empowered to make motion on behalf of the City for entry of an order pursuant to the provisions of §25-40.8 of the 1950 Code of Virginia, as amended, granting to the City a right of entry for the purpose of commencing its public works or improvements on said street; and the City Auditor, upon request of said City Attorney shall be, and is hereby authorized and directed to draw and make payment into such court wherein said condemnation proceedings may be pending the sum hereinabove authorized to be paid by the City for the respective parcel of land sought to be so acquired in such condemnation proceeding. BE IT FURTHER ORDAINED that the City doth hereby accept from A. M. Renick conveyance of Parcel No. 008 as shown on the aforesaid plans of said project, the same consisting of a temporary right and easement to the City to use for certain cut or fill slopes required for the proper construction of said street project a certain 300 square foot portion of the land designated Official No. 1150109 on the Tax Appraisal Map of the City of Roanoke, and doth direct payment to said owner, upon delivery to the City of a good and sufficient deed of easement, of the sum of $1.00, cash, said easement to terminate when said owner has graded or otherwise changed the land abutting on said street so that there no longer exists the necessity for such slope or fill. 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 4th day of November, 1968. No. 18408. AN ORDINANCE amending certain provisions of Ordinance No. 18059 and Ordinance No. 18130, both relating to the City's acquisition of certain land and easements necessary for the widening and improvement of Franklin Road, S. W., (U. S. Route 220), under Project 0220-128-102, RW-201; and providing for an emergency WHEREAS, by reason of recent change of ownership a portion of Parcel 035 as shown on the plans of Project 0220-128-102, RW-201, and as referred to in Ordinance No. 18130, has become attached to and become a part of Parcel No. 055 as shown on said plans and as referred to in Ordinance No. 18059, thereby resulting in a change in size and value of each said parcel as first referred to in the aforesaid ordinances; and the City Attorney has recommended to the Council that adjustments be made in the amounts heretofore authorized to be paid for each said narcel: and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That Parcel 035, now consisting of 1,679 square feet of land needed to be acquired in fee simple, together with a temporary construction easement in an additional 455 square feet of land adjoining said parcel, bein9 portions of Official Nos. 1300516 and 1300517, be acquired from its present owner, Billy Budd, Jr., for the sum of $3,055.00; and 2. That Parcel 055, now consisting of 1,050 square feet of land in fee simple, together with a temporary construction easement in an additional 358 square foot area of land adjoining said parcel, being a portion of Official No. 1300514 and a 15-foot portion of the property formerly identified as Parcel 035, be acquired from Eugene Knighton, or its lawful owner, for the sum of $2,457.00. BE IT FURTHER ORDAINED that Ordinance No. 18130 and Ordinance No. 18059 be, and each said ordinance is amended to the extent hereinabove provided, and none other; and 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 4th day of November, 1968. No. 18409. A RESOLUTION relating to the relocation or adjustment of utility facilitie in connection with the City's Franklin Road, S. W., Project 0220-128-103, C501, 8601, 8602. WHEREAS, the Virginia State Highway Department proposes to construct or otherwise improve a section of Franklin Road, S. W., designated as Project 0220- 128-103, C501, 8601, 8602; and WHEREAS, the City is responsible for makin9 arrangements for the adjustmen and/or relocation of existin9 utilities and for the installation of any new utility 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 relo- cation and/or adjustment of all existin9 utility facilities, and for the installatio of any 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 399 4OO hereby agrees 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 CQmmissioner Shall decide all question difficulties and disputes of whatever nature that may arise because of the delay; the utilities hereinabove referred to being identified as follows: Utility Owner City of Roanoke Roanoke Gas Company The C & P Telephone Company Appalachian Power Company Type of Facility Sanitary Sewer and Water Gas Telephone Power - BE IT FURTHER RESOLVED that the agreement above stipulated by the City of Roanoke shall be subject to the following: 1. That the Virginia Department of Highways, in the construction plans and specifications for the project shall make requirement of the necessity of close cooperation between the successful highway contractor and the utility companies that may be involved, and that the contractor shall provide for the support of existing utility facilities during the excavation for and construction of a box culvert to be constructed within the project for the conveyance of Ore Branch; and 2. The Virginia Department of Highways shall establish in the cmstructio plans and specifications for the construction of the project a requirement for cooperation between the successful contractor and the utilities that may be involved in that portion of the project which requires the construction of a tempor~ trestle across the highway for the Norfolk and Western Railway Company and further requires the location and construction of a permanent structure for the support of the railroad tracks. ATTE ST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1968. No. 18410. A RESOLUTION releasing the obligation of certain restrictive covenants heretofore entered into with the City of Roanoke by Macke Properties, Inc., from a certain 9.88 acre parcel of land heretofore conveyed by said City to said company and to certain other parcels of land aggregating 1.202 acres. WHEREAS, the Council is advised that construction of a building, wherein The Macke Company will conduct a part or all of its business operations in the City of Roanoke, has been commenced on that certain 9.88 acre parcel of land heretofore conveyed to Macke Properties, Inc., by the City, under date of March 19, 1968, pursuant to the provisions of Ordinance No. 17765 and Resolution No. 18060 of the ,y Council, and is further advised of the proposal of Macke Properties, Inc., to convey the major portion of the abovementioned land, together with certain land thereafter acquired, to Industrial Development Authority of the City of Roanoke, Virginia; and WHEREAS, said Council has been requested by said Industrial Development Authority of the City of Roanoke, Virginia, to release the obligation of those certain covenants set out as conditions and restrictions in the City's aforesaid deed of conveyance to Macke Properties, Inc., in order that said Authority take and acquire title to all of the aforesaid land, unencumbered by the aforesaid conditions and restrictions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City of Roanoke doth hereby release Macke Properties, Inc., its successors and assigns, from the obligation of all those certain conditions and restrictions made covenants running with the title to that certain 9.88 acre parcel of land conveyed by the City of Roanoke to Macke Properties, Inc., and as set out and contained in paragraphs numbered (1), (2) and (3) in that certain deed of conveyance dated March 19, 1968, from the City of Roanoke to Macke Properties, Inc., recorded in the Clerk's Office of the Hustings Court of the City of Roanoke, in Deed Book 1234, page 379, and doth further release the aforesaid conditions and restrictions from certain other parcels of land aggregatin9 1.202 acres thereafter acquired, or to be acquired, by said Macke Properties, Inc., from William Watts and others; and BE IT FURTHER RESOLVED that, upon preparation and delivery to the City of a good and sufficient deed of release, approved as to form by the City Attorney, the Mayor and the City Clerk be, and are hereby authorized to execute, seal and attest the same, for and on behalf of the City, perfecting the City's release of the aforesaid restrictive covenents, as hereinabove provided. APPROVED ATTE ST: ~City Clerk ~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1968. No. 18411. AN ORDINANCE providing for the construction of park shelters in the East Gate Park and in the Jackson Park; accepting a certain bid made to the City therefor and providing for an emergency. WHEREAS, at the meetin9 of the Council held on October 21, 1968, and after due and proper public advertisement had been made therefor, one (1) bid made to the City in writing for the construction of the two (2) public improvements hereinafter mentioned was opened and read before the Council, whereupon said bid was referred to a committee to be studied, with report thereon to be made to the Council; and 4O2 WHEREAS, said committee has reported to the Council that the bid of Hodges Lumber Corporation is the lowest, best and only bid made for the construction of both said improvements and fully meets the City's requirements and specifications made therefor, and should be accepted, negotiation with said bidder having resulted in a substantial reduction of the cost of the improvements; and WHEREAS, funds sufficient to pay for the cost of said improvements 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Hodges Lumber Corporation to construct a park shelter in the East Gate Park and a park shelter in the Jackson Park, in full accordance with the City's plans, specifications and requirements made therefor, and for the gross lump sum price of $29,260.00 for the two (2) said shelters and related work be, and said bid, as reduced, is hereby ACCEPTED; and the City Manager and City Clerk are hereby autho- rized and directed, for and on behalf of the City, to enter into 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 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 4th day of November, 1968. No. 18412. AN ORDINANCE to amend and reordain Section =89, "Capital Improvements," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~*Sq, "Capital Improvements," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL IMPROVEMENTS Construction Shelter - Jackson Park (1) ................ $ 14,762.50 Construction Shelter - East Gate Park (2) .............. 15,237.50 (1) Net increase- $ 762.50 (2) Net increase- 1,237.50 403 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 4th day of November, 1968. No. 18413. AN ORDINANCE providing for the purchase of six (6) new reversible snow plows, upon certain terms and conditions; accepting a certain 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, at a meetin9 of the Council held on October 28, 1968, and after due and proper public advertisement had been made therefor, certain bids for the supply to the City 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 the best bid fully meeting the specifi- cations made for reversible snow plows with sectional trip blades made to the City for the supply of said equipment, and should be accepted; and that all other bids should be rejected; funds sufficient to pay the cost of said equipment have been or are being appropriated by the Council for the purpose; 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 bid of Bemiss Equipment Corporation made to the City, offerin9 to furnish and delive: to the City, f.o.b., Roanoke, Virginia, six (6) new reversible snow plows equipped with sectional trip blades, fully meeting all of said City's specifications and requirements made therefor, for a total purchase price of $3,870.00, 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 orders therefor, incorporati into said orders the City's aforesaid specifications, the terms of said bidder's proposal, and the terms and provisions of this ordinance; the cost of said equipment when delivered, to be paid for out of funds heretofore appropriated for the purpose; 404 and upon delivery to the City of the aforesaid equipment and upon the City's acceptance of the same, the City Auditor shall be, and he is hereby authorized and directed to make requisite payment to said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out. BE IT FURTHER ORDAINED that 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 full force and effect upon its passage.. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1968. No. 18414. AN ORDINANCE providing for the supply to the City of its annual require- ments of No. 1 fuel oil and No. 2 fuel oil, accepting certain proposals made therefor; rejecting certain other bids made to the City for furnishing said fuel oil requirements; and providing for an emergency. WHEREAS, at the meeting of the Council held on October 28, 1968, and after due and proper advertisement had been made therefor, five (5) bids or proposals for furnishing and delivering to the City its annual requirements of No. 1 fuel oil and No. 2 fuel oil, made to the City in accordance with said advertisement, were received by the Council and, upon opening and reading before the Council, were referred to a committee for tabulation and study and for report back to the Council; and WHEREAS, said committee has reported to the Council in writing a tabulation of all said bids whereon it is shown that"Pure Oil Division - Union Oil Company of California submitted the lowest and best net bid for the supply of No. 1 fuel oil, and Sinclair Oil Corporation submitted the lowest and best net bid for the supply of No. 2 fuel oil, wherefore said committee recommends it to be to the best interest of the City to accept the bids of said companies for the City's supply of No. and No. 2 fuel oil and that all other bids therefor be rejected; and WHEREAS, a sum sufficient to pay the cost of the contract hereinafter authorized has been appropriated by the Council for the purpose and, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. 405 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (a) That the proposal of Pure Oil Division - Union Oil Company of Californ to furnish and deliver to the City its annual requirements of No. I fuel oil for the period beginning November 1, 1968, and ending October 31, 1969, in full accordance with the City's specifications and requirements made therefor and with said bidder's written proposal made to the City, for the following price, namely: For No. 1 fuel oil: Tank wagon prices ..................... $ .1720 per gal. Less discount.. .......... : .... · .......... 0369 per gal. Net price to the City $ .1351 per gal., Less 1% discount for payment within ten (10) days of delivery, and (b) That the proposal of Sinclair Oil Corporation to furnish and deliver to the City its annual requirements of No. 2 fuel oil for the period beginning November 1, 1968, and ending October 31, 1969, in full accordance with the City's specifications and requirements made therefor and with said bidder's written proposal made to the City, for the following price, namely: For No. 2 fuel oil: Tank wagon price ...................... $ Less discount Net price to the City ................. $ .1610 per gal. · 0422 per gal. .1188 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 Con- sumer Tank Wagon Prices" in effect at Roanoke, Virginia, on day of delivery, but the aforesaid discounts to re- main unchanged throughout the contract period; be, and said proposals are hereby ACCEPTED; and the C'ity Purchasing Agent be, and he is hereby authorized and directed, for and on behalf of the City, to enter into requisite contracts with or issue appropriate purchase orders to said companies in accordance herewith and subject to the abovementioned specifications and requirements BE IT FURTHER ORDAINED that the proposals of the other three (3) bidders for the supply of the aforesaid fuel oil requirements be, and said other proposals are hereby REJECTED; and the City Clerk shall so notify each said other bidder and shall express to each the City's appreciation for the submission of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. - ATTEST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1968. No. 18415. A RESOLUTION relating to the CITY OF ROANOKE INDUSTRIAL DEVELOPMENT AUTHO- a WHEREAS, the seven present commissioners of the City of Roanoke Industrial Development Authority, heretofore provided for by Resolution No. 16986 of the Council, adopted April 25, 1966, have, in~ a written report to the Council made under date of October 18, 1968, recommended that said authority, created and provided for by Chapter 643 of the 1964 Acts of Assembly of Virginia, as amended by Chapter 70 of the 1966 Acts of Assembly of Virginia, be no longer continued but that a new industrial development authority be created by the Council as provided in Chapter 651 of the 1966 Acts of Assembly of Virginia, as amended by Chapter 687 of the 1968 Acts of Assembly of Virginia; and MeSsrs. James E. Jones, John J. Butler, Benton 0. Dillard, Roy C. Herrenkohl, W. Bolling Izard, Clarence E. Pond and Ro~bert W. Woody, being all of the commissioners of said City of Roanoke Industrial Development Authority, have tendered to the Council their written resignations as commissioners of said authority; and WHEREAS, the City of Roanoke Industrial Development Authority has acquired no property and contracted no obligations or indebtedness and has engaged in no business or financial undertakings or arrangements, albeit said authority has at all times stood ready to undertake and discharge all of the purposes for which it was created; and WHEREAS, the Council has by ordinance created the Industrial Development Authority of the City of Roanoke, Virginia, as authorized and provided for by Chapter 651 of the 1966 Acts of Assembly of Virginia, as amended by Chapter 687 of the 1968 Acts of Assembly of Virginia, and has appointed the members of the board of directors to govern said authority as provided in the aforesaid Acts. THEREFORE, BE IT RESOLVED by the Council, of the City of Roanoke that the written~ resignations of Messrs. James E. Jones, John J. Butler, Benton O. Dillard, Roy C.~ Herrenkohl, W. Bolling Izard, Clarence E. Pond and Robert W. WOody as commis- sioners, of the City of Roanoke Industrial Development A.uthority,. created pursuant to Chapter 643 of the 1964 Acts of Assembly of Virginia, as amended by Chapter 70 of the 1966 Acts of Assembly of Virginia, be, and. each of said resignations is hereby accepted, to take effect upon the passage of this resolutions; and each said former commissioner is extended this Council's appreciation for his service as a commission~ of said authority. BE IT FURTHER RESOLVED that all of the records and books of said City of Roanoke Industrial Development Authority, includin9 the minutes and records of the several meetings of the aforesaid commissioners, the by-laws of the authority and its corporate seal, be delivered to the City Clerk, the same to be retained in the files of said City Clerk's Office. APPROVED Mayor ATTE ST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1968. No. 18416. AN ORDINANCE to amend and reordain Section =38000, "Schools - Model Kindergarten Program," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~38000, "Schools - Model Kindergarten Program," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - MODEL KINDERGARTEN PROGRAM ~38000 Personal Services (1) ................................... $ 13.24 Supplies (2) 17 058 57 Operation of Plant (3) .................................. 17.75 Fixed Charges (4) 6 177 67 (1) Net increase--- (2) Net decrease--- (3) Net increase--- (4) Net increase ...... $ 80.00 1,400.00 2O.00 1,300.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: '/':'~' ,,i y ler Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1968. No. 18417. AN ORDINANCE to amend and reordain Section =48000, "Schools - New Careers, of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section =48000, "Schools - New Careers," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SCHOOLS - NEW CAREERS ~'48000 Personal Services ..................................... $ 180,594.00 Fixed Charges ......................................... 8,960.00 407 408 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF ,THE CITY OF ROANOKE,~ VIRGINIA, The 4th day of November, 1968. No. 18420. AN ORDINANCE to amend and reordain Section ~67, "Sewer Maintenance," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual ,daily .operation ct' the. Municipal Government of the City of Roanoke, an .emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section ~67, "Se.wet Maintenance," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: SEWER MAINTENANCE ~67 Personal Services (1) ................................. $ 132,004.00 (1) Overtime-- $ 3,800.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: City Clerk A P P ROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1968. No.. 18419. A RESOLUTION approving the issuance of a certain temporary permit. WHEREAS, the Council has this day passed on its first reading an ordinance which permits Times-World Corporation to construct and maintain certain underground gasoline pipelines across the alley hereinafter mentioned, subject to certain express conditions and provisions, which said ordinance would not become effective until thirty days after the passage of said ordinance on its second reading before the Council; and 409 WHEREAS, because of the unexpected failure of an existing underground gasoline storage tank located on property of said corporation, said corporation is faced with an emergency in the matter of storage facilities for its supply of gasoline necessary to conduct the business operations of said corporation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council doth hereby approve the issuance by the City Building Commissioner of a temporary, conditional permit to Times-World Corporation for said corporation's construction of two (2) underground gasoline pipelines, encased in concrete, under and across the alley separating said corporation's Office Building and Mechanical Building, extending from Second Street, S. W., to Third Street, S. W., between Campbell Avenue and Salem Avenue, S. W., such temporary permit to contain or make reference to all of the terms and conditions set out in the aforesaid ordinance pending before the Council; said temporary permit to be conditioned, further, upon the Council's approval of the aforesaid ordinance at its second and final reading before the Council and the taking effect thereof. APPROVED AT TE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1968. No. 18421. A RESOLUTION approving the application of Piedmont Aviation, Inc., to the Civil Aeronautics Board for authority to provide single plane service from Roanoke and other Virginia communities to Chicago; and authorizing the State Corporation Commission of the Commonwealth of Virginia, Division of Aeronautics, to represent the interests of the City of Roanoke before the Civil Aeronautics Board in the matter of such application. WHEREAS, Piedmont Aviation, Inc., an air carrier serving the City of Roanoke and numerous other Virginia communities, has pending before the Civil Aeronautics Board, in Docket No. 19330, its application for authority to provide single plane service from Roanoke and from other Virginia communities to Chicago, which such service would substantially promote the needs and convenience of the persons using the facilities of the Roanoke Municipal Airport. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council strongly approves and endorses the application and efforts of Piedmont Aviation, Inc., to be 9ranted authority to provide airplane service from Roanoke and other Virginia communities to Chicago; and doth hereby expressly authorize and empower the State Corporation Commission of the Commonwealth of Virginia, 410 Division of Aeronautics, to represent and further the City of Roanoke's concern and interest in the matter in proceedings now pending before the Civil Aeronautics Board in Docket No. 19330. BE IT FURTHER RESOLVED that an attested copy of this resolution be trans- ; mitted by the City Clerk to the State Corporation Commission, Division of Aeronautics, and to the Civil Aeronautics Board in Washington. A P P ROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1968. No. 18422. A RESOLUTION authorizing and directing the City Attorney to cause suits in equity to be instituted and conducted for the purpose'of enforcing the City's lien for delinquent taxes and other assessments against certain properties in the City. BE IT RESOLVED by the Council of the City of Roanoke that the City Attorne be, and he is hereby authorized and directed to cause suits in equity to be instituted and conducted for the purpose of enforcing the City's lien for delinquent taxes and other assessments, unless arrangements satisfactory to said City Attorney for the payment thereof are made within thirty (30) days from the date of this resolution, against those certain parcels of land in the City of Roanoke, Virginia, in the names of the present record owners, the descriptions of which are given with the name of each record owner, as follows: Record Owner (s) Description William Stuart Crockett W. Part of Lots 3 and 4, Block 3, Map of North Side Land Company, Official No. 2021635 Robert Dillon West side 2nd Street, 26 feet north of Walker Ave. (Lot 16, Block 4, Sheet NE2 of Official Survey Map), Official No. 3022918 S. L. Gunn Lot 4 Block H, Map of Kenwood Addition Official No 3321204 S. L. Gunn Lot 5 Block H, Map of Kenwood Addition Offici al~ No 3321205 S. L. Gunn Lot 6 Block H, Map of Kenwood Addition Official No 3321206 S. L. Gunn Lot 7 Block H, Map of Kenwood Addition Official No 3321207 S. L. Gunn Lot 8 Block H, Map of Kenwood Addition Official No 3321208 S. L. Gunn Lot 9 Block H, Map of Kenwood Addition Official No 3321209 Record Owner (s) S. L. Gunn S. L. Gunn S. L. Gunn S. L. Gunn Charlotte H. Long D. W. Persinger ATTE ST: --~' /City Clerk Description Lot 10, Block H, Map of Kenwood Addition, Official No. 3321210 Lot 11, Block B, Map of Kenwood Addition, Official No. 3321211 Lot 4, Block J, Map of Kenwood Addition, Official No. 3321403 Lot 5, Block J, Map of Kenwood Addition, Official No. 3321404 Lot 4, Block 6, Map of Lewis Addition, Official No. 1012906 Acreage, Map of Kenwood Addition, Official No. 3322201. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 1968. No. 18423. AN ORDINANCE authorizing the employment of architectural services to prepare and provide plans and specifications for certain additions to the Municipal Airport, consisting of completion of the covered concourses on the aircraft apron sides of the Terminal Building; directing the advertisement for bids for construct- ing such improvements; and providing for an emergency. WHEREAS, the Council desires to proceed immediately in providing for completion of the covered concourses at the Terminal Building at the City's Municipa Airport, such improvements having been recommended to the Council by report and recommendation made by the Airport Advisory Commission dated October 23, 1968; and WHEREAS, for the usual daily operation of the municipal government an emergency is deemed to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed to enter into contract, on behalf of the City, with Eubank, Caldwell, Dobbins, Sherertz & Franklin, Architec upon such form as is approved by the City Attorney, employing the services of said architectural firm to prepare and propose to the City at the earliest practicable moment proper plans, drawings and specifications to provide for completion of the covered concourses on the aircraft apron sides of the Terminal Building at the City's Municipal Airport, said architectural firm to be paid a sum equal to 6 per centum of the total cost to the City for construction of the aforesaid public im- provements, said costs to be paid by the City out of funds authorized to be raised 411 412 at the special election held in the City on May 2, 1967. BE IT FURTHER ORDAINED that upon preparation of such plans, drawings and specifications and approval thereof by the Council, the City Manager shall forthwith cause advertisement to be made for bids to the City for constructing the aforesaid improvements. 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 4th day of November, 1968. No. 18424. A RESOLUTION expressing the City's appreciation to Federal Aviation Administration for the installation of Instrument Landing System facilities at Roanoke Municipal Airport. WHEREAS, the Council is advised that the Instrument Landing System facilities installed at Roanoke Municipal Airport by the Federal Aviation Adminis- tration are now complete; have been fully tested and been found satisfactory; and have been put into operational use for airplanes equipped to use said new facilities; and WHEREAS, this Council is cognizant of the value, in terms of increased safety for those using the Municipal Airport, of the electronic equipment which has been installed at said airport by Federal Aviation Administration in the construction and installation of such Instrument Landing System equipment, and is appreciative of the fact that the same has been made available to users of the City's Municipal Airport, such being the most recent of numerous betterments and improvements and safety facilities made and installed at said airport through the assistance afforded the City by Federal Aviation Administration. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby express to Federal Aviation Administration, and especially to said agency's Washington Area Office, this Council's appreciation of the recent installation by the Federal Aviation Administration of the new Instrument Landing System facilities at and adjacent to the Roanoke Municipal Airport; and the City Clerk is hereby directed to transmit to the Department of Transportation and to the Washington Area Office of the Federal Aviation Administration attested copies of thi resolution. ,APPROVED ATTEST: 4!3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of November, 1968. No. 18402. 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. 242, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have the following described property rezoned from RG-1, General Residential District, to C-2, General Commercial District; to-wit: BEGINNING at the northwesterly corner of the intersection of Center Avenue and 24th Street; thence with the northerly side of 24th Street N. 88o 22' W. 150.99' more or less, to a point still on the northerly side of 24th Street; thence leaving 24th Street and with the easterly boundary of the Lansdowne Housing Project N. 8o 11' 20" E. 436.58' more or less to a point on the southerly side of Salem Turnpike; thence with the southerly side of Salem Turnpike S. 86o 27' E. 101.20' to a point of curve; thence with a curve to the right which coincides with that formed by the southwesterly corner of Salem Turnpike and 24th Street to a point on 24th Street which marks the end of said curve; thence with the westerly side of 24th Street S. 8o 11' 20" W. 385.67' more or less to the place of BEGINNING; containing 1.42 acres more or less; and, BEING designated as ~2420502 on the Official Appraisal Map of.the City of Roanoke, Virginia; and, WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RG-1, General Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 4th day of November, 1968 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. 242 of the Sectional 1966 Zone Map, City of Roanoke be amended in the following particular and no other, viz.: PROPERTY beginnin9 at the northwesterly corner of the intersection of Center Avenue and 24th Street; thence with the northerly side of 24th Street N. 88° 22' W. 150.99', more or less, to a point still on the northerly side of 24th Street; thence leaving 24th Street and with the easterly boundary of the Lansdowne Housing Project N. 8o 11' 20" E. 436.58' more or less to a point on the southerly side of Salem Turnpike; thence with the southerly side of Salem Turnpike S. 860 27' E. 101.20' to a point of curve; thence with a curve to the right which coincides with that formed by the southwesterly corner of Salem Turnpike and 24th Street to a point on 24th Street which marks the end of said curve; thence with the westerly side of 24th Street S. 80 11' 20" W. 385.67' more or less to the place of BEGINNING; containing 1.42 acres more or less; and, 414 designated on Sheet 242 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 2420502, be, and is hereby, changed from RG-1, General Residential District, to C-2, General Commercial District, and that Sheet No. 242 of the aforesaid map be changed in this respect. APPROVED ATTEST: ,' .... ~ -'- , . ) - ~. ,/' / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of November, lq68. No. 18403. 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. 316, 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 identified on City maps as all of Official Tax No. 3160457, a north easterly portion of Official Tax No. 3160456, and a northeasterly portion of Officia Tax No.. 3160458, and more particularly described as follows: BEGINNING at a point on the northeasterly line of Ellsworth Street, N. E. (formerly known as Grove Street), 53.3 feet northwesterly from the southerly corner of Lot 12, Block 2, Upson Addition; thence with Ellsworth Street, N. 350 21' W., 121.0 feet to a pOint on the line of Charles R. Moore; thence with the Moore line N. 54o 39' E., 172.5 feet to a point; thence continuing with the Moore line, N. 35o 21' W., 53.0 feet to a point on the line between Lots 10 and 11, Block 2, Upson Addition; thence with the line between Lots 10 and 11 N. 54o 39' E., 125.0 feet to a point; thence s. 35o 21' E., 296.0 feet to a point; thence with the southeasterly line of Lot 12, S. 67o 46' W., 71.88 feet to a point; thence with the Payne line, N. 35o 21' W., 105.6q feet to a point; thence continuing with the Payne line, S. 54o 39' W., 227.5 feet to the place of BEGINNING, and being portions of Lots 11 and 12, Block 2, Upson Addition. 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 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 4th d of November, 1968, 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 415 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. 316 of the Sectional 1966 Zone Map, City of Roanoke be amended in the followin9 particular and no other, viz.: Property located on Ellsworth Street, N. E., described as: BEGINNING at a point on the northeasterly line of Ellsworth Street, N. E. (formerly known as Grove Street), 53.3 feet northwesterly from the southerly corner of Lot 12, Block 2, Upson Addition; thence with Ellsworth Street, N. 350 21' W., 121.0 feet to a point on the line of Charles R. Moore; thence with the Moore line N. 54o 39' E. 172.5 feet to apoint; thence continuin9 with the Moore line, N. 350 21' W., 53.0 feet to a point on the line between Lots 10 and 11, Block 2, Upson Addition; thence with the line between Lots 10 and 11, N. 540 39' E., 125.0 feet to a point; thence S. 350 21' E. 296.0 feet to a point; thence with the southeasterly line of Lot 12, S. 670 46' ~., 71.88 feet to a point; thence with the Payne line, N. 35 21' W. 105.69 feet to a point; thence continuing with the Payne line, S. 540 39' W., 227.5 feet to the place of BEGINNING, and being portions of Lots 11 and 12, Block 2, Upson Addition. designated on Sheet 316 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 3160457 and northeasterly portions of 3160458 and 3160456 be, and is hereby, changed from RD, Duplex Residential District, to RG-1, General Residential District, and that Sheet No. 316 of the aforesaid map be changed in this respect. APPROVED ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of November, 1968. No. 18404. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 127, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that property located on the southeast side of Colonial Avenue, S. W., between Twenty-first Street and Twenty-second Street, described as Lots 1 - 10, inclusive, Block 3, Colonial Heights, Official Tax Nos. 1271201 - 1271210, inclusive, 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 not be rezoned from C-l, Office and Institutional District, to C-2, General Commercial District; and 416 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 November, 1968, 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, 1950, as amended, relating to Zoning, and Sheet No. 127 of the Sectional 1966 Zone Map, City of Roanoke be amended in the following particular and no other, viz.: Property located on the southeast side of Colonial Avenue, S. W., between Twenty-first Street and Twenty-second Street, described as Lots 1 - 10, inclusive, Block 3, Colonial Heights, designated on Sheet 127 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 1271201 - 1271210, inclusive, be, and is hereby changed from C-l, Office and Institutional District, to C-2, General Commercial Distr and that Sheet No. 127 of the aforesaid map be changed in this respect. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of November, 1968. No. 18406. AN ORDINANCE providing for the lease to Hertz Corporation of City-owned property in Roanoke County, adjacent to Roanoke Municipal Airport, on certain terms and conditions. WHEREAS, negotiations between the City and Hertz Corporation have resulted in recommendation being made to the Council that the City enter into lease with Hertz Corporation of the land hereinafter described for the term and upon the rental, con- ditions and provisions set out and contained in a certain form of written lease drawn under date of December 1, 1968, and exhibited to the Council, a copy of which is on file in the Office of the City Clerk, and the terms and provisions of which are hereinafter set out; and the Council, considering the matter, concurs in the proposal so made. ct, 417 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that there be leased by the City of Roanoke to Hertz Corporation for a term of years a certain 87,146.74 square foot lot or parcel of land situate on the south side of the Airport Entrance Road, west of State Secondary Route 118, in Roanoke County, Virginia, with option to said lessee to extend such lease for certain additional terms set out therein and, further, to lease, at any time within two (2) years after the date of s lease an additional 43,822.13 square foot parcel of land adjoining to the south, as said parcels of land are shown on Plan No. 5124, dated October 3, 1968, prepared in the Office of the City Engineer, for the term of years and upon the rental, conditio and provisions set out and contained in the following Lease Agreement, viz; THIS AGREEMENT, made and entered into this 1st day of December, 1968, by and between the CITY OF ROANOKE, a municipal corporation in the State'of Virginia (hereinafter called "Lessor"), and THE HERTZ CORPORATION, a Delaware corporation qualified to do business in the State of Virginia (hereinafter called "Lessee"), W I T N E S S E T H: WHEREAS, LeSsor and Lessee desire to provide for the leasing by Lessor to Lessee of certain real estate adjacent to the Roanoke Municipal Airport for the establishment of facilities for the maintenance, servicing and storage of Lessee's vehicles on the Airport, all as hereinafter more specifically provided. NOW, THEREFORE, IN CONSIDERATION of the premises and of the mutual covenant and promises hereinafter contained, the parties hereto do hereby agree as follows: 1. Premises.- Lessor hereby leases to Lessee for its exclusive use, and Lessee hereby hires and takes from Lessor, that certain parcel of land situate in Roanoke County, Virginia, adjacent to the Roanoke Municipal Airport, described on Exhibit "A" attached hereto, and shown on the plan or sketch marked exhibit "B" attac ed hereto. In addition, Lessor hereby grants to Lessee an option to lease for its exclusive use a certain additional parcel of land measuring approximately one (1) acre all as marked "Option Premises" on said Exhibit "A" and described more particu- larly in said Exhibit "B". Said option may be exercised by written notice to Lessor at any time within two (2) years after the commencement date of this Lease, and the Leasehold upon said option premises shall thereupon run for the balance of the term hereof and the option term, if any, and at the then current annual rental rate herein provided, all as hereinafter set forth in Paragraphs 2, 3 and 4 hereof. In the event Lessee does not exercise said option within the said two (2) year period, Lessee will be obligated to pay to Lessor the sum of Six Hundred Fifty Dollars ( $650.00). Lessee shall not erect a structure within fifty (50) feet of the boundary of the leased premises frontin9 on the Airport Entrance Road. In the event the Lessor shall determine to widen said road, Lessor shall have the right upon one hundred eighty (180) days' notice in writing to Lessee to recapture any portion of the leased premises, which thereafter shall no longer be part of the leasehold, id 418 Lessor deems necessary to accomplish the widening of said road, provided, however, that the Lessor as a condition precedent shall offer to Lessee an equal amount of area contiguous to the leasehold as described in Exhibits "A" and "B" for which Lessee shall pay rent to the Lessor at the then current rental rate as described in Para- graph 4 hereof. In the event the right of recapture is exercised as aforesaid, Less~r agrees not to unreasonably disrupt any utilities servicing the demised premises and Lessor further agrees to replace in kind or bear the cost of replacement of any pavi g, fencing, gates or landscaping installed by Lessee that may be removed, damaged or destroyed as the result of widening said Airport Entrance Road. TO HAVE AND TO HOLD the said premises (hereinafter sometimes called "premises" or ,'demised premises") with the appurtenances thereunto belonging, togeth r with all structures and improvements, if any, thereon upon the terms and conditions hereinafter contained. 2. Term.- This lease is for a term of ten (10) years commencing as of December 1st, 1968. 3. Option to Renew.- Lessee is granted irrevocable options to renew this lease for two (2) successive terms of five (5) years each. These options may be exercised by delivery of written notice of such intent to Lessor not later than six (6) months prior to the date of expiration of the preceding term. 4. Rental.- Lessee for and during the terms hereof, shall pay rent to Lessor for the use and occupancy of said premises and for the rights and privileges herein granted it at the following rates: First ten (10) years - 3¢ per square foot per annum First five (5) years - 4¢ per square foot per annum Second five (5) years - 5¢ per square foot per annum Rental shall commence on the date upon which certain improvements to be made by Lessee, as more particularly described in Paragraph 5 hereof, are com- pleted and are ready for occupancy, or shall commence one hundred and eighty (180) days after commencement of the first term hereof, whichever date shall be the first to occur. Rental for the option premises shall be computed at the above rates. Said annual rate shall be payable by the Lessee to the Lessor in equal monthly installments, in advance, on or before the first business day of each calendar month of the term, at the office of the Airport Manager of the Roanoke Municipal Airport or at any other place that Lessor may designate in writing to Lessee. In the event that the term hereof shall begin or end on any day other than, respectively, the first or last day of a calendar month, the rental payable hereunder for any partial month of the term shall be prorated on a daily basis, and such prorated rental for the first partial calendar month shall be paid on the date of commencement of the term. 5. Lessee's Improvements.- Lessee shall have the right during the term hereof, at its own expense, at any time and from time to time: (a) To construct and install in and upon the premises hereby leased, a buildin9 or buildings and such other structures and facilities as it may deem necessary or desirable for the storage, maintainin9 and servicing of its v. ehicles hereunder and for such other purposes as may be necessary or desirable in connection with its operations at the Airport, provided, however, that Lessee shall first submi plans and specifications for all fixed improvements to the Lessor's City Manager for written approval, which approval shall not be unreasonably withheld. The term "fixed improvements" whenever used in this lease shall be construed to include all buildings and other structures erected upon the premises, all fencing, gradin9 and surfacing with stone and/or hardtop, all underground and overhead wires, cables, pipes, conduits, tanks and drains, and all property of every kind and nature, exclud trade fixtures, which is so attached to any building or structure or the premises th same may not be removed without material injury to said property or to the buildin9 or structure to which-same shall be attached. Upon expiration of this Agreement, title to all fixed improvements erected or installed by Lessee in or upon the demise premises shall vest in Lessor, excluding, however, Lessee's trade fixtures and personal property, as hereinafter provided. Lessee shall commence construction of any fixed improvements to be erected or installed by Lessee hereunder within a perio, of six (6) months from and after the approval of the plans and specifications theref( by or on behalf of Lessor, and shall prosecute the work to completion with all due diligence; and (b) To install, maintain, operate, repair and replace any and all trade fixtures and other personal property useful from time to time in connection with its operations on the Airport, all of which shall be and remain the property of Lessee and may be removed by Lessee prior to or within a reasonable time after expiration of the term of this Agreement, provided, however, that Lessee shall repair any damage to the premises caused by such removal. The failure to remove trade fixtures or other personal property shall not constitute Lessee a hold-over, but all such property not removed within ten days after Lessee receives a written demand for such removal shall be deemed abandoned and thereupon shall be the sole property of Lessor. It is understood that, for purposes of this Article, the phrase "trade fixtures" shall include, but shall not be limited to, any signs, electrical or otherwise, used to advertise Lessee's business in and about the demised premises; all machinery and equipment used in connection with the servicin9 of automotive vehicles in or about the demised premises, whether or not such machinery or equipmen is bolted or otherwise attached to said premises; any lift hoist, compressor or othe: mechanical device used to service said automotive vehicles; and all other miscella- neous equipment, including, but not by way of limitation, air conditionin9 equipment installed in or placed on or about the demised premises and used in connection with Lessee's business therein. 6. Lessor's Improvements.- Lessor shall, prior to the commencement of the term hereof: ng 42O (a) As herein provided, construct, install and maintain, or have constructed, installed and maintained to the boundary of the demised premises, water and sewerage lines, sufficient for the purposes of Lessee pursuant hereto; provided, however, that the Lessor and the Lessee shall bear equally the expense of Lessor's extension of a 6-inch water line in the Airport Entrance Road from State Route 118 to the leased premises, the total cost of which shall not exceed $1,200.00. Lessee shall have the right, at its sole ezpense, to construct, install and maintain, or to have constructed, installed and maintained, all necessary tap lines and facilities and to connect the same to the aforesaid supply lines, and to receive all said utili- ties and services; and (b) At its sole expense, Lessor shall throughout the term of this Agreement 'maintain and keep in repair, or cause to be maintained, kept in repair and open to traffic, a road or roads suitable for vehicular traffic connecting the demise premises with the Roanoke Municipal Airport terminal buildings, which road or roads Lessee is hereby given the right to'use, in common with others, for movement of its vehicles throughout the term of this Agreement. 7. Lessee's Obli.qations.- Lessee covenants and agrees: (a) To pay the rent and other charges herein reserved at such times and places as the same are payable; (b) To pay all charges for water, 9as, electric power and sewerage service consumed or used on the demised premises during the term of this Agreement, at regularly established rates; (c) To make no alterations, additions or improvements to the demised premises without the prior written consent of Lessor, which consent shall .not be unreasonably withheld; (d) To keep and maintain the demised premises in good condition, order and repair during the term of this Agreement, and to surrender the same upon the expiration of said term in the condition in which they are required to be kept, reasonable wear and tear and damage by casualty not caused by Lessee's negligence excepted; (e) To observe and comply with any and all requirements of the consti- tuted public authorities and with all federal, state or local statutes, ordinances, regulations and standards applicable to Lessee or its use of the demised premises, including, but not limited to, rules and regulations promulgated from time to time by or at the direction of Lessor for administration of the Airport; (f) To pay all taxes assessed or imposed by any governmental authority other than Lessor upon the land or upon any building or other improvement erected or installed on the demised premises during the term of this Agreement; and (g) To carry fire and extended coverage insurance, if obtainable, on all fixed improvements erected by Lessee on the demised premises to the full insurabl value thereof, it being understood and agreed that for purposes hereof the term "full J insurable value" shall be deemed to be that amount for which a prudent owner in like circumstances would insure similar property, but in no event an amount in excess of Lessee's original cost of constructin9 said fixed improvements. Lessor shall be name in such insurance as an additional insured, provided, however, Chat any loss at this location shall be adjusted with and payable fully to the Lessee; and copies of such insurance policies or effective certificates of such insurance coverage shall be kept on file in the office of the Lessor's City Clerk. 8. Lessor's Inspection and Maintenance.- Lessor and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right to enter upon the demised premises at all reasonable times for the followin9 purposes: (a) To inspect the demised premises at reasonable intervals durin9 regular business hours (or at any time in case of emergency) to determine whether Lessee has complied and is complyin9 with the terms and conditions of this Agreement with respect thereto; or (b) To perform essential maintenance, repair, relocation or removal of existin9 underground or overhead wires, pipes, drains, cables and conduits now located on or across the demised premises, and to construct, maintain, repair, reloca and remove such facilities in future if necessary to carry out the master plan of development of the Airport, provided, however, that said work shall in no event disru or unduly interfere with the operations of Lessee, and provided, further, that the entire cost of such work, includin9 but not limited to the cost of rebuilding, removing, relocating, protectin9 or otherwise modifyin9 any fixed improvements at any time erected or installed in or upon the demised premises by Lessor, Lessee or third parties, as a result of the exercise by Lessor of its rights hereunder, and the repai of all damage to such fixed improvements caused thereby, shall be borne solely by Lessor. 9. Indemnification.- Lessee shall indemnify and hold Lessor forever harmless from and against all liability, loss or expense imposed upon Lessor by reaso of legal liability for injuries to persons (includin9 wron§ful death) and damages to property caused by Lessee's use or occupancy of the demised premises or otherwise solely by Lessee's operations or activities on such premises or elsewhere at the Airport, provided that Lessor shall 9ive Lessee prompt and timely notice of any claim made against Lessor which may result in a judgment against Lessor because of such injuries or damages, and promptly deliver to Lessee all papers, notices, documents, summonses and other legal process whatsoever served upon Lessor or its agents, and provided, further, that Lessee and its insurer, or either of them, shall have the right to compromise and defend all claims, actions, suits and proceedings to the extent of Lessee's interest therein; and in connection therewith the parties hereto agree to faithfully cooperate with each other and with Lessee's insurer in the defense thereof. 421 422 10. Liability Insurance.- Lessee shall carry public liability insurance, insuring Lessee and Lessor against all legal liability for injuries to persons (including wrongful death) and damages to property caused by Lessee's use and occupancy of the demised premises or otherwise caused by Lessee's activities and operations on said premises with liability limits of not less than $100 000. for any one person, and not less than $300,000. for any accident involving injury (including wrongful death) to more than one person, and not less than $25,000. for property damage resulting from any one accident. Lessee shall furnish and keep on file with Lessor's City Clerk a certificate of such insurance which shall provide that Lessor is an insured under said policy, and that said policy cannot be cancelle( or materially modified except upon ten (10) days' advance written notice to Lessor. 11. United States [lequirements.- This Lease shall be subject and subordi- nate to the provisions of any existing or future Agreement between the Lessor and th United 'States relative to the operation, improvement or maintenance of the Airport, the execution of which has been or may be required or permitted by the provisions of the Federal Airport Act of 1946, as amended, or any future act affecting the operati improvement or maintenance of the Airport, provided, however, that Lessor shall, to the extent permitted by law, use its best efforts to cause any such Agreement to include provisions protecting and preserving the rights of Lessee in and to the demised premises and improvements thereon, and to compensation for the taking thereo and payment for interference therewith and for damage thereto caused by such Agreemer or by actions of the Lessor or the United States pursuant thereto. 12. Lessor's Covenants.- The Lessor covenants and agrees that: (a) Lessor is the lawful owner of the property demised hereby, that it has lawful possession thereof, and has good and lawful authority to execute this lease; and (b) Throughout the term hereof, Lessee may have, hold and enjoy peaceable and uninterrupted possession of the premises and rights herein, leased and granted, 'subject to performance by Lessee of its obligations herein. 13. Cancellation by Lessor.- Lessor shall have the right upon written not: to Lessee to cancel this Agreement in its entirety, upon or after the happening of one or more of the following events, if said event or events shall then be continuin( (a) If Lessee shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seekin, its reorganization or the readjustment of its indebtedness under the Federal Bankruptcy Laws or any other similar law or statute of the United States or any state or government, or consent to the appointment of a receiver, trustee or liqui- dator of all or substantially all of the property of Lessee; (b) If by order or decree of a court of competent jurisdiction Lessee shall be adjudged bankrupt or an order shall be made approving a petition seeking it reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy Laws or any law or statute of the United States or any state, territory or possessio~ thereof, or under the law of any other state, nation or government, provided, that i c~,~h iudnm~n* nr nrd~.r be staved or vacated within ninety (90) days after the ce (c) If by or:pursuant to any order or decree of any court or govern- mental authority, board, agency, or officer having jurisdiction, a receiver, truste or liquidator shall take possession or control of all or substantially all of the property of Lessee for the benefit of creditors, provi~ded that if such order or dec be stayed or vacated within sixty (60) days after the entry thereof or during such longer period in which Lessee diligently and in 9ood faith contests the same, any notice of cancellation shall be and become null, void and of no effect; (d) If Lessee shall fail to pay the rental charges or other money payments required by this instrument and such failure shall not be remedied within ten (10) days followin9 receipt by Lessee of written demand from Lessor so to do; (e) If Lessee shall default in fulfilling any of the terms, covenants or conditions to be fulfilled by it hereunder and shall fail to remedy said default within thirty (30) days followin9 receipt by Lessee of written demand from Lessor so to do, or if, by reason of the nature of such default the same cannot be remedie. within thirty (30) days followin9 receipt by Lessee of written demand from Lessor so to do, then, if Lessee shall have failed to commence the remedyin§ of such defau within said thirty (30) days following such written notice, or having so commenced, shall fail thereafter to continue with diligence the curin9 thereof; (f) If Lessee shall abandon any o£ the premises leased to it hereunde: for a continuous period of sixty (60) days at any one time except when such abandon ment be caused by fire, earthquake, war, strike or other calamity beyond Lessee's control; (g) If' Lessor shall determine, at any time during the basic lO-year term hereof or the option term or terms, if any, that it is reasonably necessary to utilize the demised premises for Airport expansion and development purposes, i~'~ha event, Lessor may cancel this Lease upon one hundred and eighty (180) days' written notice to Lessee, and Lessor shall have no obligations to Lessee by reason of such cancellation except as hereinafter provided in Paragraph 15 hereof. In the event of any cancellation or termination of this Agreement by Lessor under any of the circumstances specified in this Article 13, all fixed improvements erected or installed in or upon the demised premises by Lessee shall[ become the absolute property of Lessor, as if this Agreement had expired by lapse of time. 14. Cancellation by Lessee.- Lessee shall have the right, upon written notice to Lessor, to cancel this Agreement in its entirety upon or after the happening of one or more of the followin9 events, if said event or events shall then be continuing: (a) The issuance by any court of competent jurisdiction of an injunc- tion, order or decree preventing or restrainin9 the use by Lessee of all or any substantial part of the demised premises or preventin9 or restraining the use of th Roanoke Municipal Airport for usual airport purposes in its entirety, or the use of any part thereof which may be used by Lessee and which is necessary for Lessee's operations on the Airport, which remains in force unvacated or unstayed for a perio, of at least one hUndred and twenty (120) days; ee 423 424 (b) The default of Lessor in the performance of any of the terms, covenants or conditions to be fulfilled by it under this instrument and the failure of Lessor to cure such default within a period of thirty (30) days following receipt of written demand from Lessee so to do, except that if by reason of the nature of such default, the same cannot be cured within said thirty (30) days, then Lessee shall have the right to cancel if Lessor shall have failed to commence to remedy such default within thirty (30) days following receipt of such written demand, or having so commenced, shall fail thereafter to continue with diligence the curing thereof; (c) The inability of Lessee to conduct its business at the Airport in substantially the same manner and to the same extent as theretofore conducted, for a period of at least ninety (90) days, because of (i) any law, or (ii) any rule, order, judgment, decree, regulation or other action or non-action of any governmental authority, board, agency or officer having jurisdiction thereof; (d) If the fixed improvements placed upon the demised premises shall be totally destroyed, or so extensively damaged that it would be impracticable or uneconomical to restore the same to their previous condition as to which Lessee shall be the sole judge. In, any such case, the proceeds of insurance, if any, payab by reason of such loss shall be apportioned between Lessor and Lessee, Lessor receiv. lng the same proportion of such proceeds as the then expired portion of the full lease term bears to twenty (20) years, and Lessee receiving the balance thereof. If the damage shall result from an insurable cause and shall be only partial and such that the said fixed improvements can be restored to their prior condition within a reasonable time, then Lessee shall restore the same with reasonable promptness, and shall be entitled to receive and apply the proceeds of any insurance covering such loss to said restoration, in which event this Agreement shall not be cancelled but shall continue in full force and effect, and in such case any excess thereof shall belong to Lessee; (e) In the event of destruction of all or a material po.trion of the Airport or the Airport facilities, or in the event that any agency or instrumentalit of the United States Government, the State or local government shall occupy the Airport or a substantial part thereof, or in the event of military mobilization or public emergency wherein there is a curtailment, either by executive decree or legislative action, of normal civilian traffic at the Airport or of the use of motor vehicles or airplanes by the general public, or a limitation of the supply of automobiles or of automotive fuel, supplies, or parts for general public use, and any of said events shall result in material interference with Lessee's normal busine operations or substantial diminution of Lessee's gross revenue from its automobile rental concession at the Airport, continuing for a period in excess of fifteen (15) days; (f) In the event that at any time prior to or during the term of this Agreement, Lessee's presently existing privileges to operate an automobile rental concession at the Airport shall be terminated and not renewed; (9) The takin9 of the whole or any part of the demised premises by the exercise of any right of condemnation or eminent domain; (h) In the event the majority of scheduled passenger flights shall be moved to another airport servin9 the Greater Roanoke area, or the existin9 terminal buildin9 is relocated to an area more than two (2) miles from the leased premises as measured over existin9 or future vehicular roadways. 15. Valuation of Fixed Improvements.- The fixed improvements to be constructed and installed by Lessee pursuant to this Agreement and at the commence- ment thereof are estimated to involve a total cost of approximately $ As soon as practicable followin9 completion, Lessee shall submit to Lessor an itemized statement, certified by an officer of Lessee, showin9 the actual cost of said fixed improvements, and shall, if so requested by Lessor, produce copies of all invoices and other records in connection therewith. Said itemized statement shall, unless disputed in writin9 by Lessor within sixty (60) days next followin9 receipt thereof from Lessee, constitute prima facie evidence of the costs shown therein, it bein9 comtemplated by the parties hereto that Lessee shall fully amortize said actual cost by depreciation of such actual cost on a straight line basis over a period of ten (10) years, commencin9 with the date of this Agreement, without capitalization of interest on investment and without allowance for salvage value at the end of said lO-year period. In the event of any cancellation or termination of this Agreement by the Lessor prior to the expiration of the tenth (lOth) year of the term of this lease for any cause other than destruction of the fixed improvements or a breach or default by Lessee hereunder, Lessor shall promptly purchase or cause to be purchased from Lessee all of the fized improvements on the leased p~remises at the time of such cancellation or termination at a cash price equal to Lessee's actual cost as above set forth, less depreciation as aforesaid to the nearest complete month of the initial lO-year term then elapsed under this Agreement. Cancellation or termination of this Agreement by the Lessor durin9 any renewal or extension of the initial lO-year term of this lease effected by Lessee's exercise of the options to extend said term as herein provided shall not have the effect of imposin9 upon the Lessor any obligation of purchasin9 from the Lessee any improvement constructed or placed upon the leased premises by said Lessee, it bein9 expressly understood and agreed between the parties that all improvements constructed or placed upon said premises by the Lessee shall, at the end of the initial lO-year term hereof, be for all purposes considered as permanent improvements on said premises and part of the realty constitutin9 the subject of this lease. 16. Lessee's Reserved Rights.- Nothin9 contained in this Agreement shall be deemed to limit or restrict in any way such lawful rights as Lessee may have now or in future to maintain claims against the federal, state or municipal government, or any department or agency thereof, or against any interstate body, commission or authority, or other public or private body exercisin9 9overnmental powers, for damages or compensation by reason of the taking or occupation, by condemantion or 425 426 otherwise, of all or a substantial part of the demised premises, including fixed improvements thereon, or of all or a material part of the Airport with adverse effects upon Lessee's use and enjoyment of the demised premises for the purposes hereinabove set forth; and Lessor hereby agrees to cooperate with Lessee in the maintenance of any just claim of said nature, and to refrain from hindering, opposing or obstructing the maintenance thereof by Lessee. 17. Other Use.- Lessee shall not use or permit the use of the demised premises or any part thereof for any purpose or use other than as authorized by this Agreement. 18. Liens.- Lessee shall cause to be removed any and all liens of any nature arising out of or because of any construction performed by Lessee or any of its contractors or subcontractors upon the demised premises or arising out of or because of the performance of any work or labor upon or the furnishing of any materi for use at said premises, by or at the direction of Lessee. 19. Time.- In computing Lessee's time within which to commence construc- tion of any fixed improvement or to cure any default as required by this lease, there shall be excluded all delays due to strikes, lockouts, Acts of God and the public enemy, or by order or direction or other interference by any municipal, State, Feder or other governmental department, board or commission having jurisdiction, or other causes beyond Lessee's control. 20. Para.qraph Headings.- Paragraph headings herein are intended only to assist in ready identification and shall not be in limitation or enlargement of the content of any paragraph. 21. Notice.- Any notice or other communication from either party to the other pursuant to this Agreement shall be deemed sufficiently given or communicated if sent by registered mail, with proper postage and registration fees prepaid, addressed to the party for whom intended, at the following address: For Lessor: City of Roanoke Attention: City Manager Municipal Building Roanoke, Virginia For Lessee: The Hertz Corporation Attention: 660 Madison Avenue New York, New York 10021 or to such other address as the party to be given such notice shall from time to time designate to the other by notice given in accordance herewith. 22. Assignment and Subletting..- Lessee shall neither assign or transfer this Lease nor sublet all or any portion of the demised premises without the prior written consent of the Lessor. IN I~ITNESS WHEREOF, the parties have caused these presents to be executed by their respective officers or representatives thereunto duly authorized, as of the day and year first above written: 427' Attest: City Clerk CITY OF ROANOKE, By Mayor Attest: THE HERTZ CORPORATION, By Vice President Assistant Secretary BE IT FURTHER ORDAINED that, prior to execution of the aforesaid lease, t City Manager and the lessee shall determine and agree upon the estimated cost of th fixed improvements to be installed upon the leased premises by the lessee at the commencement of the term thereof and the City Attorney shall enter the amount there in the place provided therefor in Paragraph 15 of the aforesaid Lease Agreement. BE IT FURTHER ORDAINED that, upon full execution of the aforesaid lease by Hertz Corporation, the Mayor and the City Clerk be, and hereby are authorized and directed, for and on behalf of the City of Roanoke, to execute and to seal and attest, respectively, said lease and to acknowledge the same, in' duplicate, the original thereof to be delivered to said lessor and the executed copy thereof to be retained in the Office of th.e City Clerk. APPROVED ATTE ST: 'City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of November, 1968. No. 18418. AN ORDINANCE authorizing the construction and maintenance by Times-World Corporation of a certain encroachment under and across a public alley leading from Second Street, S. W., to Third Street, S. W., in the block between Campbell Avenue and Salem Avenue, S. W., upon certain terms and conditions. WHEREAS, because of the unexpected failure of a certain underground gasol storage tank located on property of Times-World Corporation, an emergency situation has been imposed upon said property owner, causing said owner to request that it be permitted to construct and maintain certain underground pipelines across the public alley hereinafter mentioned, which authority the Council is willing to grant, subje to the terms and conditions hereinafter contained. 428 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Times-World Corporation be and is hereby authorized and empowered to construct and maintain two (2) underqround 9asoline pipelines, encased in concrete, across the public alley separatin9 the Office Buildin9 from the Mechanical Buildin9 of Times- World Corporation, said alley extendin9 from Second Street, S. W., to Third Street, S. W., in the block between Campbell Avenue and Salem Avenue, S. W., all such author and permission herein 9ranted to be subject to the followin9 express terms and conditions, viz: 1. That the underground pipelines and concrete casin9 thereof shall be constructed and installed in 9ood and workmanlike order in accordance with a certain plan therefor prepared by Thompson and Payne, Architects and Enqineers, dated October 30, 1968, entitled "New Gasoline T,~nk - Times-World Corporation," a copy of which said plan is on file in the Office of the City Clerk, such pipelines to be laid at such depth in said alley and in such location as is approved by the City Engineer; 2. That the construction and operation of said pipelines shall in nowise damaqe, interfere with or adversely affect any public water line, drain or sewer line, or other public utility now or hereafter located and constructed in or under said alley; 3. That Times-World Corporation, its successors and asSiqns, by acting hereunder and by execution of an attested copy of this ordinance, agree to indemnify and save harmless the City of Roanoke from all claims for damage to persons or property by reason of the construction and maintenance of the aforesaid 9asoline pipelines under and across said alley; and 4. That the authority herein contained shall be held and deemed to be a license merely, and shall be revocable at the pleasure of the City of Roanoke or of the General Assembly; and that nothing herein contained shall be construed to relieve the aforesaid owner from liability for any negligence on its part. BE IT FURTHER ORDAINED that the City Building Commissioner shall make reference to this ordinance on the building permit issued to Times-World Corporation for the construction of the aforesaid pipelines. Roanoke, ¥irginia (Date) 1968 The within authority is hereby accepted, subject to the terms and condi- tions hereinabove contained: TIMES-WORLD CORPORATION, ATTE ST:/ c~-/~Ci t y Clerk By, APPROVED (Title) Mayor ty 429 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of November, 1968. No. 18425. AN ORDINANCE to amend and reordain Section ~69, "Refuse Collection and Disposal," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 ~'69, "Refuse Collection and Disposal,". of the 1968-69 Appropriation Ordinance, be, a the same is hereby, amended and reordained to read as follows, in part: REFUSE COLLECTION AND DISPOSAL ~69 Contracts (1) .......................................... $ 12,000.00 (1) For hauling dirt to East Gate Landfill BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: /ci ty Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of November, 1968. No. 18426. AN ORDINANCE to amend and reordain Section ~64, "Maintenance of City Property," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MAINTENANCE OF CITY PROPERTY ~6d Maintenance of Buildings and Property ................. $ 241,591.00 Maintenance of City Property (1) Demolition of Riverdale School Libraries (2) - Main Library Electrical repairs (1) Net decrease (2) Net increase $ 4,800.00 $ 3,800. O0 ............ $13,850.00 $ I, 350. O0 $ 1,200. oo $ 1,2oo. oo ,n 43O BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ~TTE ST: ?/ C i t y Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of November, 1968. No. 18427. AN ORDINANCE. to amend and reordain certain sections of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 followin9 sections of the 1968-69 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: STREET REPAIR ~58 Vehicular Equipment - Replacement (1) ...................... $ 5,156.49 MAINTENANCE OF CITY PROPERTY #64 Vehicular Equipment - Replacement (2) ...................... $ 2,787.02 SEWER MAINTENANCE ~67 Vehicular Equipment - Replacement (3) ...................... $ 5,131.49 (1) Net increase $356.49 (2) Net decrease ............. 687.98 (3) Net increase- 331.49 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 November, 1968. No. 18428. AN ORDINANCE providing for the purchase of fourteen (14) new trucks for use by various departments of the City, upon certain terms and conditions; accepting certain bids made to the City for furnishing and delivering said vehicles; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, at a meeting of the Council held on October 28, 1968, and after due and proper public advertisement having been made therefor, four (4) bids for the supply to the City of the equipment hereinafter mentioned 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 thereo~ 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 proposals hereinafter accepted represent the lowest and best bids made to the City for the supply of said equipment and should be accepted; and that all other said bids should be rejected; funds sufficient to pay the cost of said equipment having heretofore been 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the bid of Dave Hallman Chevrolet, Incorporated, t/a Diamond Chevrolet, to furnish and supply to the City one (1) new two-ton cab and chassis onl delivered f.o.b, truck factory at Pontiac, Michigan, in full accordance with Item No. 1 of the City's specifications therefor and of said bidder's proposal, for a pur- chase price of $3,396.30, cash, plus shipping charges of $104.25 for delivering the cab and chassis to Chattanooga, Tennessee, where a 16-ton wrecker and body will be furnished and mounted by another party, making a total purchase price of $3,500.55, plus the City's trade-in equipment, being one 1954 Chevrolet truck with wrecker and body, described in said specifications, 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 therein the aforesaid specification the terms of said bidder's proposal and the terms and conditions of this ordinance; the cost of said equipment, when delivered, to be paid for out of funds heretofore appropriated for the purpose; 2. That the bids of: (a) Dave Hallman Chevrolet, Incorporated, t/a Diamond Chevrolet, to furnish and deliver to the City as follows: ITEM NO. 6 2 9 1 as follows: qUANTITY AND DESCRIPTION PRICE F.O.B. ROANOKE VA. New ~ Ton Pickup Trucks, Cabs and Chassis only, less trade allowance for 2 old trucks, a 1963 Dodge and a 1962 Chevrolet ~ ton pickup ........... $ 3,161.30 New ~ ton Pickup Truck with Utility Body, less trade allowance for one old truck, a 1961GMC ~ ton pickup. ........ 1,844.30; (b) Antrim Motors, Incorporated, to furnish and deliver to the City 431 432 ITEM NO. (~UANTITY AND DESCRIPTION PRICE F.O.B. ROANOKE, VA. '2 New 2~ Ton Cab and Chassis with Dump Body, less trade a.llowance for one old truck, a 1957 Ford 2~ ton ~408 ............... $5,156.49 3 New 2V2 Ton Cab and Chassis with Dump Body, less trade allowance for one old truck, a 1959 Chevrolet 2 ton, #402 ............................................. 5,131.49; (c) Magic City Motor Corporation, to furnish and deliver to the City as follows: ITEM NO. QUANTITY AND DESCRIPTION PRICE F.O.B. ROANOKE, VA. 4 1 New 1 Ton Stake Body Truck, less trade allowance for one old truck, a 1958 Ford 1~ ton dump, =153 ............................ $2,517.26 5 1 New ~ Ton Pickup Truck with Service Body (no trade-in) ................................ 2,812.45 7 2 New 2 Ton Trucks with Platform Dump Bodies and Tool Compartments, less trade allowance for two old trucks, a 1956 GMC and a 1956 Dodge 2 ton ................. 10,917.74 8 4 New ~ Ton Pickup Trucks with Utility Bodies, less trade allowance for 4 old vehicles, a 1962 Dodge and 1961 Chevrolet ~ ton pickup, a 1954 Dodge 2~ ton utility body and a 1961 Chevy II 4 dr. sedan .................................... 9,466.12, all the above amounts cash, plus the City's trade-in equipment described in the City's specifications, 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 iss~ requisite purchase orders therefor, incorporating into said orders the City's afore- said specifications, the terms of said bidders' proposals, and the terms and provi- sions of this ordinance; the cost of said equipment, when delivered, to be paid for out of funds heretofore appropriated for the purpose; 3. 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 each said successful bidder of the aforesaid purchase prices, not to exceed the sums hereinabove set out, and the City Manager shall be, and is hereby authorized and directed to transfer and assign to the aforesaid bidders the titles to the certain vehicles described in the City's specifications as trade-in equipment; and 4. That all other bids made to the City for the supply of the aforesaid equipment be, and said other bids are hereby REJECTED, and the City Clerk is directe 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. APPROVED ATTE ST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of November, 1968. No. 18429. AN ORDINANCE providing for the purchase and acquisition of one new 16-ton wrecker and body mounted complete on chassis, upon certain terms and provisions; rejecting certain bids made to the City; and providing for an emergency. WHEREAS, at the Council's meeting held October 28, 1968, and after proper advertisement had been made therefor, four (d) bids for the sale and delivery to the City of the vehicle and related equipment 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 tabula- tion of all said bids and has further reported that the equipment hereinafter autho- rized to be purchased is the least expensive of such equipment which meets or exceeds all of the City's specifications made and required for such equipment; and sufficient funds have been or are being appropriated or transferred to provide for payment of the equipment hereinafter authorized to be purchased; and 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 passa THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Auto Spring and Bearing Company to furnish, sell and deliver to the City one new Holmes DW8 Model 600 Wrecker with Continental Body in a prime coat of paint, fully mounted on truck chassis at Chattanooga, Tennessee, and delivered to the City, f.o.b., Roanoke, Virginia, meeting fully the City's specifications made for said equipment, for a gross purchase price of $3,565.00 be, and said proposal is hereby ACCEPTED; and the City's Purchasing Agent is hereby authorized and directed to issue to Auto Spring and Bearing Company the City's purchase order for the aforesaid new equipment, incorporating into said purchase order the City's aforesaid specification said bidder's proposal, guarantees and warranties, and the provisions of this ordinance; and upon delivery to the City and said City's acceptance of said new equipment, the proper City officials shall be, and are hereby authorized to make payment to said supplier of the sum of $3,565.00. BE IT FURTHER ORDAINED that the other three (3) 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 each said other bidder and, in so doing express to each the City's appreciation of their respective bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. APPROVED ATTE ST: / ~ City Clerk Mayor 433 434 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of November, 1968. No. 18430. AN ORDINANCE approving and authorizing the City's acquisition of certain real estate for public school purposes, upon certain terms and conditions; and providing for an emergency. WHEREAS, the School Board of the City of Roanoke has recommended to the Council that the land hereinafter described be acquired for the purpose of construct ing thereon a gymnasium building for the Jefferson Senior High School, advising the Council that the owners of said property have offered and agreed to sell and convey the same to the City, in fee simple, for the purchase price hereinafter provided; an WHEREAS, funds sufficient for payment of the purchase price herein provide have been appropriated by the Council and the Council, concurring in said recommen- dation, and for the usual daily operation of the municipal government, sets forth and declares an emergency 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 and authorize the City's acquisition from The First National Exchange Bank of Virginia, and others, trustees under the will of F. B. Thomas, deceased, or the true and lawful owners of the property hereinafter described, of all those certain lots or parcels of land extending from the south line of Church Avenue, S. W., to the north line of Luck Avenue, S. W., adjoining a portion of the east line of the Jefferson Senior High School property, known and described as all of Lots 11, 12, 27 and 28, and a westerly portion of Lots 13 and 26, as'shown on'the Map of Central Park and as identified on the City's Tax Appraisal Map as Official No 1113414, for a consideration of $50,000.00, cash, upon delivery to the City of a goo, and sufficient deed of conveyance, approved as to form by the City Attorney; and the School Board of the City of Roanoke is authorized to enter into contract for the purchase of the aforesaid property in the name of the City and for the consideration above-mentioned, and upon such other terms as relate to the date upon which possessz will be made available to said School Board as are agreeable to said Board, said contract to be, otherwise, upon form approved by the City Attorney. BE IT FURTHER ORDAINED that, upon said City Attorney's certification of th title to the aforesaid land and upon delivery to said City of a deed of conveyance as aforesaid, the City Auditor be, and is hereby authorized and directed to issue and deliver to said City Attorney the City's check or checks in payment of the aforesaid purchase price, made payable to such person or persons as are certified by said City Attorney to be entitled thereto. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. ATTE ST: APPROVED n 435 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 1968. No. 18433. AN ORDINANCE amending and reordaining Sec. 67, Article XlI, Chapter 4.1, of Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amendec relating to procedure prescribed for amending the City's zoning regulations as set out in said chapter; and providing for an emergency. WHEREAS, the City Planning Commission has heretofore, on its own motion, proposed an amendment of Sec. 67, Article XlI, Chapter 4.1, of Title XV of the Code of the City of Roanoke, hereinafter provided, relating to the procedure prescribed for amending the City's zoning regulations as contained in said chapter, and trans- mitted said proposal to the City Council; and WHEREAS, pursuant to the provisions of Sec. 70 and Sec. 71, Chapter 4.1, of Title XV of the Code of the City of Roanoke, 1956, as amended, and after due publication of written notice in a newspaper having general circulation in the City more than fifteen days prior to the holding of a public hearing on the question a public hearing was held before the Council on the 18th day of November, 1968, in accordance with said notice, on the aforesaid proposal, at which public hearing all persons in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, upon the Council's due consideration of the whole matter, said Council is of opinion that Sec. 67. Amendments, Article XlI, Chapter 4.1, of Title XV, relatin9 to Zoning, of the Code of the City of Roanoke, 1956, as amended, which section prescribes the procedure for amending said regulations should be amended as proposed and as set out in the notice of said public hearin9 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. 67. Amendments, Article XlI, Chapter 4.1, of Title XV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, prescribin9 the procedure for amendin the zoning regulations contained in said chapter, be, and said section is hereby amended and reordained, to read and provide as follows: Sec. 67. Amendments. Whenever public necessity, convenience, general welfare or good zoning practice require, city council may amend, supplement or change this ordinance, including the schedule of district regulations and the official zoning map. Any such amendment may be initiated by resolution of city council, by motion of the planning commission, or by petition of any property owner addressed to city council. Such petition shall be in writing, and shall be accompanied by payment of fees and charges established. In addition, and when any such petition by a property owner be for the reclassification or rezoning of any property, there shall be attached to such petition the names and addresses, if known, of the owner or owners of the lots or property included in the proposed change, of the lots 436 or property immediately adjacent in the rear thereof and of that or those directly opposite thereto; provided, however, that inaccuracy or inade'quacy of any such list of owners shall not in any manner affect the validity of any proceedings had or taken by the city council with respect to the matters contained in such petition. 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 18th day of November, 1968. No. 18435. AN ORDINANCE to amend and reordain Section =75, "Recreation, Parks and Recreational Areas," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1968-69 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) .................... $ 26,609.04 (1) Net increase ..... $ 139.04 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall b~ in effect from its passage. ATTE ST: ~ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 1968. No. 18436. AN ORDINANCE to amend and reordain Section #20, "Municipal Court," of the 1968-69 Appropriation Ordinance, and providing for an emergency. 437 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an' emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section g20, "Municipal Court," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MUNICIPAL COURT ~20 Printing and Office Supplies (1) ........................... $ 2,061.00 Office Furniture and Equipment - New (2) ................... 584.00 (1) Net decrease (2) Net increase ---$ 139.00 -$ 139.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 1968. No. 18438. A RESOLUTION authorizing the City's acceptance from the City of Salem, for transmission and treatment, acceptable sewage and wastes from a certain 21.55 acre area of said City of Salem, consisting of a parcel of land occupied or to be occupied by Say-A-Stop, Incorporated, located below the City of Salem's sewage meterin9 station upon certain terms and conditions 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 the City of Salem, acting through its City Manager, to permit the City of Salem to connect a sewer service line to its sewer main at a point below the City of Salem's sewage metering station so as to serv and to accept from a certain 21.55 acre parcel of land in said City hereinafter described certain sewage and wastes for delivery to the City of Roanoke for transmis- sion and treatment under the terms of the contract of October 16, 1953, entered into between the City of Roanoke and the Town of Salem, now the City of Salem, and the City Manager, transmitting said request, has recommended that the 21.55 acre area so proposed be accepted for treatment pursuant to said contract but upon the further understandings and agreements hereinafter set out, in all of which recommendations the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City doth hereby offer and agree to accept from the City of Salem for transmission an 438 treatment acceptable domestic and commercial wastes originating in that certain 21. acre area of the City of Salem, occupied or to be occupied by Sav'A-Stop, Incorpora as said parcel of land is shown on a plat entitled "Survey of 21.55 acre tract bein¢ conveyed by Roanoke County Board of Supervisors to Industrial Development Authority of the City of Salem, Va.", prepared by T. P. Parker, S.C.E., dated May 20, 1968, a copy of which said plat is on file in the Office of the City Clerk, connection of the sewer service line from said 21.55 acre parcel of land to be made to the City of Salem's sewer trunk line below its metering station located thereon, provided thal the current rate of charge to be made by the City of Roanoke to the City of Salem f(r accepting and treating wastes from said new area be $36.15 per million gallons of such wastes, to be adjusted from time to time as provided in said contract of October 16, 1953, the quantity of the wastes accepted from said new area to be measured by and to be the exact equivalent of all water used or consumed on said 21t!55 acre area by the occupant or occupants thereof and as determined by all metered water connections to said property, the quantity of wastes thus determined to be added to the quantity of wastes measured at the aforesaid metering stations; and the content and quality of wastes from the aforesaid area so accepted by the City of Roanoke for transmission and treatment to be subject to the provisions of Paragraph l(b) of Resolution No. 12949, aforesaid. BE IT FURTHER RESOLVED that, upon passage by the Council of the City of Salem of a resolution agreeing and consenting to the provisions herein contained, t e aforesaid contract of October 16, 1953, between the City of Roanoke and the Town of Salem, now the City of Salem, be and is hereby amended to the extent of incorpo- rating therein the 21.55 acre area hereinabove mentioned, but at the rate of charge and method of determining such charges as is herein provided. BE IT FINALLY RESOLVED that an attested copy of this resolution be promptly transmitted by the City Clerk to the Honorable Mayor of the City of Salem. APPROVED ATTE ST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 1968. No. 18439. A RESOLUTION amending Resolution No. 17813 relat,ing to the removal of certain street lights in the vicinity of the Hurt Park Housing Project on the north side of Salem Avenue, S. W., and to the installation of certain new street lights in the vicinity of the said Project. 5 ed, 439 WHEREAS, the Council, by Resolution No. 17813, adopted October 30, 1967, authorized the removal of seven 2,500 lumen overhead incandescent street lights at certain specified locations in the vicinity of the Hurt Park Housing Project on the north side of Salem Avenue, S. W., and, further, authorized the installation of eight 21,000 lumen underground-fed mercury-vapor street lights and nine 7,000 lumen overhead mercury-vapor street lights at certain designated locations in the vicinity of the aforesaid Project; and WHEREAS, the City Manager has made written report and recommendation to thO! Council under date of November 11, 1968, advisin9 certain changes in the types and numbers of street lights to be installed for the City's use in the vicinity of the aforesaid Project, in which recommendation the Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Resolution No. 17813 of said Council, adopted October 30, 1967, be, and is hereby amended so as to provide as follows: 1. That Appalachian Power Company be, and is hereby authorized to remove seven (7) 2,500 lumen overhead incandescent street lights at the followin9 locations as shown on the Appalachian Power Company map of proposed street light improvements for the area: Salem Avenue, S. W., at 15th Street (AP Pole No. 253-7580) Salem Avenue, S. W., at 16th Street (AP Pole No. 253-7583) Salem Avenue, S. W., at 17th Street east (AP Pole No. 253-7585) 17th Street, S. W., at Westview Avenue (AP Pole No. 253-7097) Salem Avenue, S. W., at 17th Street west (AP Pole No. 253-6505) Salem Avenue, S. W., at 18th Street (AP Pole No. 253-6050) Westport Avenue, S. W., at 18th Street (AP Pole No. 253-6047) 2. That Appalachian Power Company be, and is hereby authorized to install three (3) 21,000 lumen underground-fed mercury-vapor street lights at the following locations as shown on the Appalachian Power Company map of proposed street light improvements for the area: Two on 17th Street, S. W. One on 18th Street, S. W. 3. That Appalachian Power Company be, and is hereby authorized to install sixteen (16) 7,000 lumen overhead mercury-vapor street lights at the following locations as shown on the aforesaid map of proposed street light improvements: Eight on Salem Avenue, S. W., from 15th Street to 19th Street, S. W. O.ne on 16th Street, S. W., at Hurt Park Elementary School Th.ree on Westview Avenue, S. W. One on 18th Street, S. W. Two on Westport Avenue, S. W. One on Salem Avenue, S. W. said lights to be maintained under the contract existing between Appalachian Power Company and the City of Roanoke. ATTE ST: / City Clerk APPROVED Mayor 440 IN,THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 1968. No. 18440. A RESOLUTION providing for an interim operation of the automobile parking lot at Roanoke Municipal (Woodrum) Airport by Air Terminal Parking Company. WHEREAS, the City Manager has advised the Council that Air Terminal Parkin, Company, whose lease and operating agreement with the City expired on October 30, 1968, is willing to continue the operation of said parking lot on a month-to-month basis and on the terms of its expiring lease effective during the third and last year of said former lease; and WHEREAS, said operator has filed with the City Clerk current certificate of public liability and garage keeper's legal liability insurance required to be maintained by said operator as provided in paragraph XIII of the Criteria made a part of the aforesaid lease, and has arranged proper extension of the contract performance bond provided for in paragraph X of the aforesaid Criteria. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council approves and authorizes the continued operation by Air Terminal Parking Company, (formerly Carolina Parking System), of the automobile parking lot at the City's Municipal Airport, on a month-to-month basis commencing as of October 31, 1968, and in full accordance with the terms and provisions of the former operating agreement between said operator and the City dated November 18, 1965, and effective during the third and last year of said former lease, the base rent payable to the City by said operator during such extended term of said lease to be $1,666.66 per month, payable at the end of each month, the first such payment to become due on November 30, 1968, and the percentage rent, if any, provided for on pages 3 and 4 of the aforesaid lease dated November 18, 1965, to be arrived at and determined by apportioning over a period of twelve months and in accordance with the formulae set out on page 3 of the aforesaid written lease agreement, the operator's gross receipts from October 31, 1968, to the date upon which the aforesaid month-to-month extension is terminated. BE IT FURTHER RESOLVED that the provisions of this resolution shall becom effective at such time as Air Terminal Parking Company shall have caused a copy of this resolution to be executed on behalf of said company, in evidence of agreement t the provisions herein contained. November , 1968 Executed, in agreement to the within provisions: AIR TERMINAL PARKING COMPANY, By APPROVED (Title) 441 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 1968. No. 18441. A RESOLUTION relating to administration of the provisions of Ordinance No. 15392, authorizing the City Manager, in his discretion, to place certain employee, s of the Sanitation Division of the Department of Public Works in the "task system of refuse collection," and extending the provisions thereof to other employees of said ~, department. WHEREAS, in report made to the Council by the City Manager dated November 1, 1968, the Council is advised of the necessity of the frequent assignment of personne in the Street Cleaning Division of the Department of Public Works to work with employees of the Sanitation Division of said department assigned under the "task system of refuse collection" approved and provided for by Ordinance No. 15392, heretofore adopted; and said City Manager has recommended that the Council extend the provisions of said ordinance to those other employees of said department who are on occasion, assigned to work with members of the Sanitation Division assigned to the aforesaid system of refuse collection, in which recommendation the Council concur: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that personnel of the Street Cleaning Division of the Department of Public Works who may be temporarily assigned by the City Manager to work with employees of the Sanitation Division of said department employed under the "task system of refuse collection" provided for in Ordinance No. 15392, be paid and perform work under the rules govern lng said task force as set out in said ordinance. ATTE ST: y Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 1968. No. 18442. A RESOLUTION discharging the Civic Center Project Committee. WHEREAS, the construction of the Roanoke Civic Center having now been comm, and being well under way, the members of the Civic Center Project Committee heretofo appointed by Resolution No. 15919 of the Council,. adopted July 13, 1964, have suggested to the Council in their final report made under date of October 30, 1968, that said committee be discharged, in which recommendation this Council, fully cognizant of the individual contributions made by each member of said committee in furtherance of the aforesaid public project, concurs. ced 442 THEREFORE BE IT RESOLVED by the Council of the City of Roanoke th at the construction of the Roanoke Civic Center havin9 been commenced and such construction ' bein9 nearly on schedule, the Civic Center Project Committee heretofore appointed by Resolution No. 15919 of the Co uncil and charqed with and havin9 admirably performed duties relatin9 to the prompt construction at the least possible cost of an adequate civic center for the citizens of the City of Roanoke, be, and said committee is hereby DISCHARGED BE IT FURTHER RESOLVED that Messrs. Benton O. Dillard, Robert A. Garland, James E. Jones, Herman H. Pevler, James L. Trinkle and Robert W. Woody, Chairman, members of the aforesaid committee, be, and each said member is hereby extended this Council's most sincere appreciation and recognition of the untiring and effective ef made by each said member in planning and accomplishing commencement of construction intended as a long lasting benefit to the residents of of the Roanoke Civic Center, this City and its community. A P P R 0 Y E D ATTEST: //City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGIN The lgth day of November, 196g. No. 18443. A RESOLUTION approving the' City's payment of funds, not to exceed $500.00, for and on behalf of the Industrial Development Authority of the City of Roanoke, ¥irginia. WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia, recently created by resolution of this Council, has requested that the Co uneil appropriate or transfer to said Authority the sum of $500.00 so th at it may carry out its assigned tasks and duties, and the Council, having heretofore appro- priated in the City's 1968-69 Budget for Department Code 1, Object Code 30, sums sufficient to meet the payments hereinafter authorized to be made. THEREFORE, BE IT RE SOLVED by the Council of the City of Roanoke that the City Auditor be, and is hereby authorized and directed to make payment out of the funds heretofore appropriated in the City's 1968-69 Budget to Department Code Object Code 30, of such amounts and to such payees as are requested and directed by the Industrial Development Authority of the City of Roanoke, Virginia, for payment of said Au thority's essential expenses and costs at tend ant upon its organization and conduct of its assigned tasks and duties, the aggregate of ali such payments, however, not to exceed the total sum of $500.00, without subsequent and prior approval of the City Co uncil. APPROVED 443 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 1968. No. 18444. Roanoke. A RESOLUTION proposing unification of the Town of Vinton and the City of WHEREAS, the Town of Vinton and the City of Roanoke, whose corporate limits adjoin for an appreciable distance, exist under the law as separate municipalities of the Commonwealth of Virginia, each performing, separately, functions of local government and providin9 public services for the residents and others located there- in; and WHEREAS, this Council is of considered opinion that a unification of the two municipalities, preserving for each its local identity and the offices and positions of employment of the officers and employees of each municipality, but combining the strength and resources of each in areas of public education, police and fire protection, health, water supplies, libraries, parks and recreational facilities, refuse and sewage disposal, public welfare and other public services and facilities, would result in more efficient performance of the governmental function for the residents of said area, would permit of more and better 9overnmental service to all such area, and would in all respects inure to the benefit of the residents of such area and to the Commonwealth; and WHEREAS, this Council is of opinion, further, that means exist whereby such unification might be speedily and orderly accomplished should the desire therefor predominantly exist in each said community and should the public leadership in each community endorse and promote such unification. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council considers that mutual benefit would necessarily result to the residents of the Town of Vinton and to those of the City of Roanoke upon a unification of the two municipali'ties into a single municipality and, to the end that formal, con- sidered study be given the proposal, the Honorable Mayor and Members of the Vinton Town Council be and are hereby respectfully invited to consider this Council's proposal of such unification and to assess and weigh the advantages to the resident of each said municipality which would be attendant upon such unification and, if such proposal be found meritorious, to consider the means by which such unification could best be effected. BE IT FURTHER RESOLVED that the Mayor and the Members of this Council stand ready to meet with said other public officials and to discuss with them the basis upon which and the means whereby such unification might be effected; and BE IT FINALLY RESOLVED that attested copies of this resolution be transmitted by the Clerk to the Honorable Mayor and Members of the Vinton Town Council. ATTE ST: APPROVED 444 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1968. No. 18431. 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. 222, 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 south side of Orange Avenue, N. W., between Sixteenth Street and Seventeenth Street, described as the southern part of Lots 1 and 2, Lots 3, 4, 5, and 6, Block 52, Melrose Land Company, Official Tax Nos. 2221616, 2221603, 2221604, 2221605 and 2221606, rezoned from C-i, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land not be rezoned from C-I, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 18th day of November, 1968, at 2 p.m., before the Council of the City of Roanoke, at whic hearing all parties in interest and citizens were given an opportunity to be 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. 222 of the Sectional 1966 Zone Map, City of Roanok~ be amended in the following particular and no other, viz.: Property located on the south side of Orange Avenue, N. W., between Sixteenth Street and Seventeenth Street, described as the southern part of Lots 1 and 2, Lots 3, 4, 5 and 6, Block 52, Melrose Land Company, designated on Sheet 222 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2221616, 2221603, 2221604, 2221605 and 2221606, be, and is hereby, changed from C-l, Office and Institutional District, to C-2, General Commercial District, and that Sheet No. 222 of the aforesaid map be changed in this respect. A P P ROVED ATTE ST:. 7- / City Clerk Mayor 445 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1968. No. 18432. 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 Zonin9. WHEREAS, application has been made to the Council of the City of Roanoke to have that property located on the south side of Thurston Avenue, N. E., described as Lots 35 and 36, Block B, Williamson Groves, Official Tax No. 3070254, and the west portion of Lots 7-12, inclusive, Block B, Williamson Groves, Official Tax No. 3070240, rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the City Plannin9 Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relatin9 to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearin9 as provided for in said notice was held on the 18th day of November, 1968, at 2 p.m., before the Council of the City of Roanoke, at which hearin9 all parties in interest and citizens were 9iven an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considerin9 the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relatin9 to Zoning, and Sheet No. 307 of the Sectional 1966 Zone Map, City of Roanoke be amended in the followin9 particular and no other, viz.: Property located on the south side of Thurston Avenue, N. E., described as Lots 35 and 36, Block B, Williamson Groves, and the west portion of Lots 7-12, inclusive, Block B, Williamson Groves, designated on Sheet 307 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 3070254 and 3070240, 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. APPROVED ATTE ST: Clerk Mayor 446 IN THE COUNCIL OF THE CITY OF ROANOKE, VIR6INIA, The 25th day of November, 1968. No. 18434. AN ORDINANCE permanently abandoning, vacating, discontinuing and closing a certain alley located in the northeast section of the City of Roanoke, Virginia, in Block 6, as shown on the Chamouni Land Company Map, a copy of which map may be found in the Office of the City Engineer of the City of Roanoke, Virginia, and being.: also shown .on Sheet 305 of the Tax Appraisal Map of said City of Roanoke. WHEREAS, Old Dominion Motor Corporation has heretofore filed a petition before City Council, in accordance with law, requesting Council to permanently aban- don, vacate, discontinue and close that certain alley through Block 6, Chamouni Land Company Map, a copy of which map may be found in the Office of the City Enginee of the City of Roanoke, Virginia, and which said alley is more particularly herein- after described; and as to the filing of said petition, due notice was given to the public as required by Section 15.1-364, Code of Virginia 1950, as amended; and WHEREAS, in accordance with the prayer of said petition, Resolution No. 18361 was adopted by the said City Council on the 14th day of October, 1968, pursuan 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, discontinuin9 and closing the said alley hereinafter described; and further the said City Council referred the issues raised by said petitioner to the Planning Commissio 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 writing filed by the viewers with the City Clerk, together with the affidavit of said viewers, on the 23rd day of October, 1968, that no inconvenience would result, either to any individual or to the public, from the permanent abandoning, vacating, discontinuing and closing of the said alley hereinafter described, to which report no exceptions have been filed; WHEREAS, the City Planning Commission by letter directed to the Mayor of the City of Roano. ke and the members of City Council, dated October 18, 1968, recom- mended to City Council that the said alley hereinafter described be abandoned, vacated, discontinued and closed subject to the right of the said City to retain all necessary easements for public utilities; and WHEREAS, a public hearing on the question was held before the Council on the 18th day of November, 1968, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the question of the proposed alley closing; and WHEREAS, upon consideration of the matter, the Council is of the opinion that no inconvenience will result to any owner or to the public from the permanent abandonment, vacating, discontinuance and closing of the alley hereinafter described and that the petitioner's application to permanently close the same should be grant- ed, said petitioner having agreed to bear and defray the expenses incident to the and 447 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain alley located in the northeast section of the City of Roanoke and described as follows: Beginning at a point on the southerly side of McDowell Avenue, N. E., which point is located S. 720 38' W. 135.0 feet from the intersection of the southerly side of McDowell Avenue, N. E., with the westerly side of Eleventh Street, N. E.; thence leaving the southerly side of McDowell Avenue, N. E., and with the easter- ly line of a certain 12' alley running through Block 6, as shown on Chamouni Land Company Map, S. 170 22' E. 282.0 feet to a point on the northerly side of Gregory or Madison Avenue, N. E.; thence with the northerly side of Gregory or Madison Avenue, N. E., S. 720 30' W. 12.0 feet to a point; thence leaving the northerly side of Gregory or Madison Avenue, N. E., and running through Block 6, as shown on the Chamouni Land Company Map, N. 17o 22' W. 282.0 feet to a point on the southerly side of McDowell Avenue, N. E.; thence with the southerly side of McDowell Avenue, N. E., .N. 720 38' E. 12.0 feet to the point and place of Beginning, and Being a certain 12' alley runnin9 through Block 6, as shown on the Chamouni Land Company Map, a copy of which map may be found in the Office of the City Engineer of the City of Roanoke, Virginia, said alley bein9 also shown on Sheet 305 of the Tax Appraisal Map of said City of Roanoke. be, and the same hereby is, permanently abandoned, vacated, discontinued and closed, the City of Roanoke, however, reservin9 unto itself an easement for any water, sewer or other public utility line or lines, if any, now existing therein and the right of ingress and egress for the maintenance and repair thereof. BE IT FURTHER ORDAINED that the City Engineer of the City of Roanoke be, and he hereby is, directed to mark "Permanently Abandoned, Vacated, Discontinued and Closed" that certain alley herein above described on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, Virginia, on which said maps and plats said alley is shown, referring to the book and page of Ordinances and Resolutions of Council wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of this Council 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 alley herein permanently abandoned, vacated, discontinued and closed as provided by law, and may record same at the cost of petitioner, indexing the same in the name of the City of Roanoke as grantor and Old Dominion Motor Corporation as grantee. ATTEST: ~citY Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1968. No. 18437. AN ORDINANCE permitting the encroachment of two flagpole holders, flagpole and flags over the sidewalk on South Jefferson Street, to be erected on the front of a buildin9 frontin9 on the southwest corner of Jefferson Street and Campbell Avenue, 448 WHEREAS, The First National Exchange Bank of Virginia, owner of its bank property located on the southwest corner of Jefferson Street and Campbell Avenue, has requested that it be permitted to construct and maintain two flagpole holders, to be attached to the Jefferson Street front wall of its building on said property with flagpoles and flags which would extend over the Jefferson Street sidewalk abutting said property; and WHEREAS, the City Manager has recommended that the request of said bank be granted as provided for herein, 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 Council is agreeable to said bank's proposal and is willing to permit the encroachmen hereinafter mentioned over and upon a portion of the Jefferson Street sidewalk abutti said bank's property, upon the terms and conditions hereinafter contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be and is hereby granted The Fi'rst National Exchange Bank of Virginia, owner of the bank building located on the southwest corner of Jefferson Street and Campbell Avenue, bein9 further described as Official Tax No. 1011710, to construct and maintain two flagpole holders and flagpoles on the Jefferson Street front wall of its said bank building, approximately fifty feet from the corner of said street intersection and ten feet apart, in accordance with the undated sketch showing the location and height of the same entitled "Flag Pole Location - First National Exchange Bank", a copy of which is on file in the office of the City Clerk, said flagpoles and the flags displayed thereon to extend from the bank building on said property over the Jefferson Street sidewalk area abutting said bank building, the same to be so installed and constructed that no part of said holders or flagpoles shall be less than seventeen (17) feet above the surface of the public sidewalk below the same, and the tips of said flagpoles to be approximately twenty-three (23) feet over said sidewalk, as shown, generally, on the aforesaid sketch, all of the same to be properly and safely constructed and maintained at the expense of the aforesaid owner, its successors or assigns, 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 buildin9 regulations and requirements as are applicable thereto and subject, also, to the limitations contained in ~15.1-376 of the 1950 Code of Virginia abovementioned it to be agreed by said permittee tz~at 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. 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 449 contractor or representative, 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 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 , 1968: THE FIRST NATIONAL EXCHANGE BANK OF VIRGINIA By (Title) Attest: (Title) APPROVED ATTE ST: ~ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1968. No. 18445. AN ORDINANCE to amend and reordain Section ~75, "Recreation, Parks and Recreational Areas," of the 1968-69 A'ppropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1968-69 Appropriati( Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: RECREATION, PARKS AND RECREATIONAL AREAS =75 Operating Supplies and Materials (1) ............... $ 26,819.04 (1) Net increase for trophies ---$ 210.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: City Clerk APPROVED Mayor 45O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1968. No. 18446. A RESOLUTION authorizing the execution on behalf of the City of an agreemen between the City, the Commonwealth of Virginia and The Norfolk and Western Railway Company relating to the construction of the 9th Street, S. E., Industrial Access Bridge, railroad overpass and related improvements. WHEREAS, for the accomplishment of the work to be performed in the construc tion of the 9th Street, S. E., Industrial Access Bridge over the Norfolk and Western Railway Company's right-of-way, as State Highway Project 9999-128-101-B-601, it is necessary that the parties concerned enter into written agreement relating to the manner of performing said work, determining the portion to be done by each of the parties and the method of reimbursing said Railway for the portion of work to be performed by it, all of which has heretofore been generally authorized and approved by this Council, and there has been prepared and exhibited to the Council a proposed agreement in writing, consisting of seven (7) typewritten pages and made to be executed by said three parties, setting out the obligations and responsibilities of the respective parties, which proposed agreement the Council has considered and deems proper to be executed on behalf of the City, a copy of said agreement having been placed on file in the Office of the City Clerk; and WHEREAS, the Council, considering the matter, deems it proper and necessary that the City enter into the aforesaid agreement and be bound by the provisions thereof. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to execute in triplicate that certain seven (7) page typewritten agreement entitled "Route 9999 Overpass - Norfolk and Western Railway - City of Roanoke" drawn under date of November , 1968, to be entered into by and between the COMMONWEALTH OF VIRGINIA, the CITY OF ROANOKE and THE NORFOLK AND WESTERN RAILWAY COMPANY, a copy of which, approved as to form by the City Attorney, is on file in the Office of the City Clerk and which relates to the construction of Route 9999 in the City of Roanoke and of a new bridge on 9th Street, S. E., over and across said Railway's right-of-way and tracks, to certain temporary and permanent relocations and changes to certain public and private utility facilities and to other work appurtenant and incident to the accomplishment of said Project, and which fixes and determines the manner of .performing said work, the portion to be done by each of the parties and the method of reimbursing said Railway for the portion of work done by it; said agreement when so executed on behalf of the City, to be transmitted by the City Manager to the other parties to be signatory thereto. APPROVED ATTEST: City Clerk Mayor 451 IN THE COUNCIL.OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1968. No. 18447. AN ORDINANCE authorizin9 the acquisition of certain land and easements from Industrial Development g Investment Co. for public street purposes, and of certain other easements for public sanitary sewer and drain purposes; approvin9 said owner's reservation of riqht to maintain certain rail crossinqs across said street riqhts-of-way; and providin9 for an emerqency. WHEREAS, there has been exhibited to the Council and placed on file in the Office of the City Clerk the City Enqineerinq Department's Plan No. 5041, dated November 7, 1968, showinq thereon three (3) parcels of land and appurtenant slope easements necessary to be acquired by the City, in fee simple, for providinq a public street to extend from the north line of Riverland Road, S. W., northerly acro said River and the property of Industrial Development g Investment Co., to connect with the new 9th Street, S. E., industrial access bridqe and to provide, also, for a loop road under and around said bridqe in an easterly direction to serve properti located in said owner's Roanoke Industrial Center, said plan showin9 also certain riqhts-of-way for public sanitary sewer and drain lines and pipes for the operation of which the City needs to acquire a perpetual easement; said plan showinq, further the location of six (6) certain railroad crossinqs over and across certain of the parcels hereinafter described as riqhts-of-way for public streets, which said owner intends to retain and provide for by appropriate reservations made and contained in its deed of conveyance to the City; and WHEREAS, the Council is advised that said Industrial Development ~. Invest- ment Co. is willinq and has offered to donate and convey all of the abovedescribed land and easements to the City for a nominal consideration of $1.00, cash, reservin, its riqhts to maintain and operate the six (6), abovementioned railroad crossinqs, otherwise such conveyance to be made in fee simple and free of liens or encumbrance and the Council is willin9 to accept said donation on behalf of the City; and WHEREAS, for the usual daily operation of the municipal 9overnment an emerqency is hereby set forth and declared to exist in order that this ordinance take effect upon its passaqe. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be and are hereby authorized and directed to accept from Industrial Development & Investment Co., for and on behalf of the City, said Company's donation and conveyance in fee simple, of those three (3) certain parcels of land shown as Parcels I, II and III on that certain Plan No. 5041, entitled "Map Showin9 Road Riqhts-of-way and Sanitary Sewer and Drainaqe Easements to be Acquired by the City of Roanoke Virqinia, from Industrial Development & Investment Co." prepared in the Office of the City Enqineer, Roanoke, Virqinia, dated November 7, 19 .8, 452 together with the slope easements shown on said Plan appurtenant to Parcel I, and including the existing bridge across ROanoke River, located on Parcel I; and, also, said Company's donation and conveyance of all those certain perpetual easements for public sanitary sewers and drains constructed or to be constructed within 15-foot wide rights-of-way as shown on the aforesaid Plan, said rights-of-way being identifie as Easement Lines "W", "X", "Y", "Z", "Z-l", "Z-2," Z-3", Z-4", "D-I", and D-2"; provided, however, that there may be reserved by the City's aforesaid grantor rights in the nature of easements permitting said owner and grantor to construct, operate and maintain those six (6) certain railroad crossings over and across Parcels I, II and III as shown, generally, on aforesaid Plan No. 5041 and as shown in greater detail on Plan Nos. 5041-A, 5041-B, 5041-C, 5041-D, 5041-E.and 5041-F, likewise prepared in the Office of the City Engineer under date of November 7, 1968, copies of which such plans are on file in the Office of the City Clerk, said owner to agree however, to indemnify and hold harmless the City of Roanoke in the use and operation of each aforesaid railroad crossing as it or they affect such public streets. 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 25th day of November, 1968. No. 18449. A RESOLUTION providing the date of a public hearing before the Council for fixing the amounts of the assessments to be made against abutting landowners to partially pay the cost of constructing public sanitary sewer mains and laterals to serve properties abutting the same on Orange Avenue, N. E., from Tinker Creek to the present east corporate limits of the City, and on portions of 20th Street, N. E., and 24th Street, N. E., in said City. WHEREAS, construction of the public sanitary sewer mains and laterals authorized to be constructed on Orange Avenue, N. E., from Tinker Creek to the present east corporate limits of the City and on certain portions of 20th Street, N. E., and 24th Street, N. E., has now been completed and the total and final cost thereof ascertained and determined; and WHEREAS, the members of the Council, as a committee, have met and have apportioned the cost of the aforesaid sewer project between the City and abutting landowners to be served by said public sewer, apportioning to those landowners whose 453 property is situate on Orange Avenue,. N. E., abutting said sewer lines one-half of the cost of constructing 8-inch sewer mains in said street, and have arrived at the amount of the proper final assessment to be made against each such abutting landowne or property, the amount or amounts of each said assessment against abutting landowne being set out in detail on Schedule "B" dated October 28, 1968, entitled "Sewer Assessments on Abutting Landowners and Properties for Orange Avenue, N. E., Public Sewer Project"; and WHEREAS, the Council desires to provide for a public hearing to be held before the Council to show cause, if any can, against the final assessments proposed to be made against said abutting landowners and properties. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Clerk do cause to be published in The Roanoke World News, a newspaper published and having general circulation in the City, notice of a public hearing to be held before the City Council on Mond'ay, December 16, 1968, at 2:00 o'clock, p.m., for the purpose of determining and fixing the final assessment or assessments against landowners and properties abutting the pub'li¢ sanitary sewer mains and laterals most recently constructed on Orange Avenue, N. E., between Tinker Creek and the east corporate limits of the City and on certain portions of 20th Street, N. E., and 24th Street, N. E., as the same are shown on Schedule "B" dated October 28, 1968, entitled "Sewer Assessments on Abutting Landowners and Properties for Orange Avenue, N. E., Public Sewer Project," a copy of which is on file in the Office of the City Clerk, and a copy of which shall be published with the 'aforesaid notice of public hearing; said notice of public hearing and the schedule of proposed assessments to be published therewith to be published in the aforesaid newspaper once a week for two successive weeks, the last publication to be at least ten days before the date of the aforesaid public hearing. APPROVED ATTE ST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1968. No. 18450. AN ORDINANCE amending and reordaining Sec. 37. Alcoholic Beverages, of Chapter 8. License Tax Code, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, imposing certain annual license taxes on persons engaged in dealing with alcoholic beverages, and on persons holding mixed beverage restaurant licenses from the Virginia Alcoholic Beverage Control Board; providing the effective date of this ordinance; and providing for an emergency. 454 WHEREAS, in order to provide revenue for the' City from certain license taxes made 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 at the time hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. 37. Alcoholic Beverages, 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 amended and reordained to read and provide as follows: Sec. 37. Alcoholic Beverages; Mixed Beverage Restaurant Licenses. I. Every person engaged in distilling, fermenting, brewing, manufacturing, bottling, selling and/or dis- pensin9 alcoholic beverages, shall pay a license tax as follows: (a) For each distiller's license, if more than 5,000 gallons of alcohol, or spirits, or both are manufactured during said license year, including bottling .................................... $1,000.00 (b) For each winery license, including bottling .................................... $1,000.00 (c) For each brewery license, including bottling .................................... (d) For each bottler's license ......... $1,000.00 $ 500 .oo (e) For each wholesale beer license .... Plus 33 cents on each $100.00 of the gross purchases. $ 55.00 (f) For each wholesale wine distributor's license ..................................... Plus 33 cents on each $100.00 of the gross purchases. $ 55.00 (g) For each wholesale druggist's license ..................................... $ 10.00 (h) For each retail beer and/or wine license, in addition to merchant license tax ......................................... $ 150.00 (i)' For each banquet license ........... $ 5.00 (j) for each fruit distiller's license $1,500. O0 II. Every person holding mixed beverage restaurant licenses from the Virginia Alcoholic Beverage Control Board for establishments located within the city shall pay, in addition to all other license taxes assessable under this chapter, an annual license tax as follows: (a) For operating restaurants, including restaurants located on premises of and operated by hotels or motels: (1) For each such restaurant with a seating capacity at tables for fifty to one hundred persons ............................. $ 200.0O; (2) For each such restaurant with a seating capacity at tables for more than one hundred but not more than one hundred fifty persons ..................................... $ 350.00; (3) For each suc'h restaurant with a seating capacity at tables for more than one hundred fifty persons ....................... $ 500.00. (b) For operating a restaurant located on the premises of a private, nonprofit club ... $ 350.00. ./ 455 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect on and after January 1, 1969. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of November, 1968. No. 18451. AN ORDINANCE awardin9 a contract for the hauling of dirt to the City's East Gate Sanitary Landfill and future park, upon certain terms and conditions; acceptin9 a certain bid made to the City for performing said work; rejecting certain other bids made to the City, and providing for an emergency. WHEREAS, after due and proper advertisement had been made therefor, certain bids for furnishin9 all trucks, equipment and labor necessary for obtainin9 dirt from certain sites in or adjacent to the City and for haulin9 the same to the East Gate Sanitary Landfill and future East Gate Park for deposit as directed by the City were opened and read before the City Purchasing Agent, whereupon all said bids were tabulated and studied by said Purchasin9 Agent and thereafter referred to the City Manager; and WHEREAS, said City Manager has reported to the Council, in writing, at its meeting held November 18, 1968, the aforesaid tabulation of all said bids, from which, and as reported and recommended by the City Manager, it appears to the Council that the proposal hereinafter accepted represents the lowest and best bid made to the City for the performance of said work, and should be accepted; and that the other two (2) bids received by the City should be rejected; and WHEREA , there has been appropriated by the Council a sum sufficient to pay the cost of the contract hereinafter authorized to be entered into, not to exceed $12,000.00; and for the usual daily operation of the municipal government an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows (1) That the bid of Diamond ConstructiOn Corporation to furnish all truck equipment and labor necessary for obtaining approximately 30,000 cubic yards of dirt from certain sites in or adjacent to the City and for hauling the same to the East Gate Sanitary Landfill and future East Gate Park for deposit as directed by the City, for a unit price of $.39 per cubic yard, but not to exceed a total cost to the City of $12,000.00, be, and said bid is hereby ACCEPTED; 456 (2) That the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to enter into requisite written contract with the aforesaid bidder, the same to incorporate the terms and conditions of this ordinance said bidder's proposal and the City's specifications made for said work; said con- tract to be upon such form as is approved by the City Attorney, and the cost of the work, when and as performed, to be paid out of $12,000.00 in funds heretofore appropriated by the Council for the purpose; and (3) That the other two (2) bids made to the City for performing the abovedescribed 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: C~Jty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 1968. No. 18448. AN ORDINANCE approving an agreement to be entered into between the City and Industrial Development and Investment Company, providing for payment of part of the cost of constructing the new 9th Street, S. E., Industrial Access Bridge over the Norfolk and Western Railway Company.'s railroad right-of-way and for the cost of constructing certain new public streets in the Roanoke Industrial Center area. WHEREAS, it has been agreed that the Commonwealth of Virginia will award a contract for the construction of a new four-lane bridge .from the present southerly end of 9th Street, S. E., over the Norfolk and Western Railway Company's railroad right-of-way and into the Roanoke Industrial Center complex, owned by Industrial Development and Investment Company, for the provision of which and for the provision of certain new public streets and roads to be simultaneously constructed Industrial Development and Investment Company has or will donate and convey to the City in fee simple all of the land needed for the rights-of-way for said new bridge and streets, including said Company's existing vehicular bridge over Roanoke River; and WHEREAS, the City and Industrial Development and Investment Company desire to enter into written agreement respecting payment of certain parts of the cost of the 'aforesaid improvements, the agreement so entered into to inure to the benefit of the Commonwealth of Virginia to the extent of the interest of said Commonwealth in the matters agreed upon and to be enforceable against said parties by said Common- wealth, through its Department of Highways; and 457 WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized and empowered to enter into written agreement, on behalf of the City of Roanoke, with Industrial Development and Investment Company, said agreement to provide as follows: 1. That the City agree and obligate itself to the following: ae That, in conjunction with the Virginia DePartment of Highways, it will cause to be constructed a new four-lane bridge from the present southerly end of 9th Street, S. E., into the Roanoke Industrial Center complex, and to construct a loop access road extending from the foot of the new bridge, looping under the bridge and connecting with Industry Avenue along the north portion of said property, accord- in9 to plans prepared for the same by the Virginia Department of Highways and said City; To provide, by employment of City forces and not as a part of the aforesaid construction contract, at least a two-lane connecting street from the southerly end of the aforesaid new bridge project area to the existing bridge over Roanoke River, and to Riverland Road, S. E.; To assume the responsibility for the maintenance of the two aforementioned bridges, the connecting street between the same and over said river bridge to Riverland Road, and said new loop access road and Industry Avenue, all as public streets and thoroughfares of the City; To pay to the Virginia Department of Highways the first $12,500.00 required for payment of the actual cost of constructing the aforesaid loop access road, as said actual cost is determined by contract let by said Department of Highways; and To pay to the Virginia Department of Highways, in addition to d., next above, all of the actual cost in excess of $225,000.00 expended or incurred by said Department of Highways in constructin9 the aforesaid new 9th Street, S.. E., Industrial Access Bridge and its approaches. 2. That Industrial Development and Investment Company agree and obligate itself to the following: To provide, by conveyance to the City, in fee simple, all lands necessary for the rights-of-way for the aforesaid new bridge, for said loop access road extending under said bridge.and for Industry Avenue, for the street connecting said new bridge to Riverland Road, S. E., together with said Company's existing bridge over Roanoke River, said Company, however, to reserve adequate easements for six (6) certain railroad crossings over the public street rights-of-way to be conveyed, as above provided to the City; b o To reimburse and pay to the City or to the Department of Highways a maximum sum of $37,500.00 of the actual total cost of construction of the new 9th Street, S. E., Industrial Access Bridge and its approaches as let to contract by said Department of Highways, the first $150,000.O0 of the total cost thereof to be paid by the Commonwealth and the cost in excess of $150,000.O0 and not exceeding $225,000.00 to be borne and paid equally by said Commonwealth and by Industrial Development and Investment Company; C o To pay to the City or to the Virginia Department of Highways all of the actual costs of constrhctin9 the aforesaid loop access road in excess of the first $12,500.00 of such costs; d o To remove said Company's old vehicular bridge extending from the present southerly end of 9th Street, S. E., over Norfolk and Western Railway Company's railroad right-of-way into the Roanoke Industrial Center complex; and To relocate as necessary and as required and approved by the Department of Highways all of said Company's railroad sidings affected by construction of the abovementioned industrial access bridge project and loop access road. 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 December, 1968. No. 18452. AN ORDINANCE to amend and reordain Section #65, "Airport," of the I968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT g65 Fees for Professional and Special Services (1) ............... $ 500.00 (1) Net increase .......... $ 200.00 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 2nd day of December, 1968. No. 18453. A RESOLUTION authorizing the.execution on behalf of the City of an agreement between the City, the Commonwealth of Virginia and the Norfolk and Westerr, Railway Company relating to the construction of the Route 220 Project 6220-128-103, B-601, involving a Norfolk and Western Railway Company grade crossing and underpass at Brandon Avenue and Franklin Road, S. W., and related improvements. 459 WHEREAS, for the accomplishment of the work to be performed in the construction of the Route 220 Project 6220-128-103, B-601, involving a Norfolk and Western Railway Company grade crossing and underpass at Brandon Avenue and Franklin Road, S. W., it is necessary that the parties concerned enter into written agreemenl relating to the manner of performing said work, determining the portion to be done by each of the parties and the method of reimbursing said Railway for the portion of work to be performed by it, all of which has been reduced to writing and exhibite to the Council as a proposed agreement in writing dated the 30th day of October, 1968, consisting of seven (7) typewritten pages and accompanying exhibits and made to be executed by said three parties, setting out the obligations and responsibili- ties of the respective parties, which proposed agreement the Council has considered and deems proper to be executed on behalf of the City, a copy of said agreement having been placed on file in the Office of the City Clerk; and WHEREAS,~ the Council, considering the matter, deems it proper and necessary that the City enter into the aforesaid agreement and be bound by the provisions thereof, said City, by collateral agreement made with the Commonwealth of Virginia, Department of Highways, having undertaken to reimburse said Common- wealth a certain portion of the total cost of the aforesaid highway project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and directed, for and on behalf of the City, to execute in triplicate that certain seven (7) page typewritten agreement entitled "Route 220 Project 6220-128-103, B-601 - Federal Project - Norfolk and Western Railway Grade Crossing and Underpass at Brandon Avenue and Franklin Road, City of Roanoke" drawn under date of October 30, 196B, to be entered into by and between the COMMONWEALTH OF VIRGINIA, the CITY OF ROANOKE and the NORFOLK AND WESTER RAILWAY COMPANY, and heretofore executed by said other two (2) parties, a copy of which, approved as to form by the City Attorney, is on file in the Office of the City Clerk and which relates to the construction of Route 220 Project between Roanoke River and McClanahan Street in the City of Roanoke and of the aforesaid new railroad grade crossing and underpass affecting said Railway's right-of-way and tracks, which fixes and determines the manner of performing said work, the portion to be done by each of the parties and the method of reimbursing said Railway for the portion of work done by it and which obligates the City to maintain the completed highway and its drainage and appurtenances and, pursuant to such agreement as may from time to time exist between the City and said railway company, maintain said new underpass and its railway approaches and appurtenances, said agreement, when so executed on behalf of the City, to be transmitted by the City Manager to the other parties signatory thereto. APPROVED ATTEST: "~ .- ~ / v~ /City Clerk Mayor 460 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day .of December, 196B. No. 18454. AN ORDINANCE providing for the City's. leasing of approximately 6 acres of land from Virginia Holding Corporation for a term bf six months, for public purposes of the City, and acquiring from Norfolk and Western Railway Company necessary rights of'access thereto; and providing for an emergency. WHEREAS, and the City being in critical need of an area in which to dispose of refuse by sanitary landfill methods, Virginia Holding Corporation has offered to make the area of land hereinafter described available to said City for such purposes under written lease agreement for a term of six months, commencing as of December 1, 1968, for a nominal consideration of $1.00, cash; and Norfolk and Western Railway Company.has offered to enter into agreement with said City providing for the City's access to the aforesaid area of land by temporary roads to be constructed by the City under said Railway's track line abutting the westerly boundary of said area of land; both said companies requiring the City's covenant and agreement to fully indemnify an'd save said companies harmless from and against all damage or loss to said companies arising or in any way connected with the City's use of said area or of the accessways leading thereto under said railroad track and across the railroad right-of-way; and WHEREAS, the public need for the City's use of the aforesaid area being~ immediate and acute, an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized and empowered to enter into requisite lease agreement on behalf of the City with Virginia Holding Corporation providing for the City's use of that certain area of land owned by said corporation lying between Dale Ave., S.E~, and Wise Ave., S.E.,.md ~ing bounded on thewestby NorfOll Western Railway Company's railroad right-of-way and on the east by the centerline of Tinker Creek and the east corporate line of the City of Roanoke, said lease to be for a term of six months commencing as of December 1, 1968, and to provide a nomin'al rental of $1.00, cash, for said term, such lease to include, also, a right to the City to construct on Virginia Holding Corporation's land abutting the south side of Dale Avenue, S. E,, between Tinker Creek and the aforesaid railroad right-of-way an access road leading from the south side of Dale Avenue into said land and thence northerly under the existing Dale Avenue bridge across Tinker Creek into the aforesaid leased premises; said lease agreement to contain, further, the City's covenants to use the aforesaid property for purposes of a sanitary landfill, only, and for no other purpose; to operate and maintain said landfill area in safe and sanitary manner, employing only such methods of sanitary refuse disposal as are approved by the State Department of Health and other cogniza] and le 461 public health authorities; to provide and maintain adequate fencing or other means to restrict said City's operation to the property so leased and to prevent trespass or encroachment onto the aforesaid railroad right-of-way; to indemnify and save harmless the aforesaid owner from any damage or loss in any manner arising from the City's use and occupation of the area so leased; and to contain, further, such other covenants and agreements on behalf of the City as may be required by said owner and deemed reasonable and proper by the City Manager and the City Attorney. BE IT FURTHER ORDAINED that the City Manager be, and he is hereby authorized and empowered, on behalf of the City, to enter into such formal written agreement with Norfolk and Western Railway Company as may be necessary to acquire for the City, for nominal consideration, a right of access to the aforesaid leased premises from Wise Avenue, S. E., and from Dale Avenue, S. E,, such agreement to be upon form approved by the City Attorney and to contain the City"s covenant to indemnify and save harmless said Rialway Company from all loss or damage in any manner arising out of the City's use of the aforesaid accessways on, under or across any portion of said Railway Company's railroad right-of-way. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance be in force and effect upon its passage. A P P R 0 V E 0 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 1968. No. 18455. AN ORDINANCE to amend and reordain Section ~66, "Market," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: MARKET ~66 Personal Services ....................................... $ 64,416.00 Extra Help (1) ........... $ 3,900.00 ,(1) Net increase $400.00 462 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 1968. No. 18456. AN ORDINANCE accepting certain bids and awarding certain contracts for permanent seating for the Auditorium, Unit A, in the Roanoke Civic Center, and for the Coliseum, Unit C, in said Civic Center, upon certain terms and conditions; rejecting other bids made for seating in Unit C; and providing for an emergency. WHEREAS, at the meeting of the Council held on November 11, 1968, and after due and proper public advertisement had been made therefor, a single bid made to the City on the City's plans and specifications for furnishing and instalii permanent seating in the Auditorium, Unit A, of the Roanoke Civic Center and three (3) bids made to the City on its plans and specifications for furnishing and installing permanent seating in the Coliseum, Unit C, of said Civic Center were opened and read before the Council, whereupon all said bids were referred to a committee to be tabulated and studied and to be reported back to the Council; and WHEREAS, said committee has reported to the Council under date of November 25, 1968, its tabulation and report of said bids, from which it appears that the bids hereinafter accepted represent the lowest and best bids made to the City, meeting the City's specifications for said construction, and should be accepted, and the Council's committee, having studied said bids and having, in the case of the permanent seating to be installed in said Coliseum, Unit C, , of a bid made on Alternate No. 3 recommended the City s additional acceptance of the plans and specifications made for seating in said Coliseum; and WHEREAS, funds have been appropriated by the Council sufficient to pay the cost of the improvements hereinafter authorized to be made, and, for the usual daily operation of the municipal 0overnment, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Cauncil. of the City of Roanoke as follows: (1) That the bid of J. H. Pence Company, Incorporated, to furnish to the City all materials, labor, equipment and services of whatever nature required and called for to furnish and install permanent seating, manufactured by American Seating Company, in the Auditorium, Unit A, of the Roanoke Civic Center, in full 463 accordance with the City's plans and specifications made therefor and with said bidder's proposal, for a total lump sum price of $155,620.00, cash, for all said work, payable as provided in the advertised contract documents, be, and said bid is hereby ACCEPTED; (2) That the base bid of J. H. Pence Company, Incorporated, in the lump sum amount of $171,517.00, for furnishing to the City all materials, labor, equipment and services of whatever nature required for the delivery and installatior of permanent seating, manufactured by American Seating Company, in the Coliseum, Unit C, of the Roanoke Civic Center and, also, the total additional cost bid of said J. H. Pence Company, Incorporated, in ~e aggregate sum of $31,463.00 on Alternate No. 3, providing for all seats in said Coliseum to be upholstered, i.e., a totai cost of $202,980.00, in full accordance with the City's plans and specifications made therefor and with said bidder's proposal, said sum of $202,980.00 to be payable by the City as provided in the advertised contract documents, be, and said bids are hereby ACCEPTED; (3) That the other two (2) bids made to the City for furnishing seating in said Coliseum 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; and (4) That the City Manager and the City Clerk be, and they are hereby authorized and directed to enter into separate written contracts on behalf of the City with the aforesaid successful bidder mentioned in paragraphs 1 and 2, above, for the provision of the improvements mentioned and described in said paragraphs, said contracts to have incorporated therein the City's requirements and specifica- tions for the work so authorized to be done, the bidder's proposals made to the City and the provisions of this ordinance; and upon satisfactory completion of all said work, accepted by the City as meeting all 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 contracts, charging said payments to appropriations heretofore made by the City for said improvements. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect upon its passage. ATTE ST: / /City Clerk APPROVED Mayor 464 IN THE COUNCIL.OF THE CI;TY OF ROANOKE, VIRGINIA, The 9th day of December, 1968. No. 18459. AN ORDINANCE to amend and reordain Section =65, "Airport," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: AIRPORT ~65 Operating Supplies and.Materials (1) ..~ .................. $ 3,425.00 Other Equipment - New (2) ................................ 700.00 (1) Net decrease- --$ 200.00 (2) Net increase $ 200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in: effect from i~t,s passage. ATTEST: / / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1968. , No. 18460. AN ORDINANCE to amend and reordain Section ~47, "Fire Department," and Section ~58, "Street Repair," of the 1968-6,9 Appropriation Ordinan.ce, and providing for an emergency. WHEREAS, for the usual daily operation of the Mqnicipal Government of 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," and Section ~58, ."Street Repair," of the 1968-69 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: FIRE DEPARTMENT ~47 Personal Services ..................................... $ 1,280,525.00 Overtime (1)--- $ 1,100.00 STREET REPAIR :58 Personal Services ................................... $ 303,714.00 Overtime (2)- $ 500.00 (1) Net increase $600.00 (2) Net increase $300.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: /City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1968. No. 18461. A RESOLUTION authorizing and directing the City's payment to City of Roanoke Redevelopment and Housing Authority of a part or all of a certain sum heretofore appropriated by the Council as the City's share or cost of the Kimball Redevelopment Project No. VA. R-46, initiated by said Authority. WHEREAS, the City has heretofore become obligated to City of Roanoke Redevelopment and Housin9 Authority, (hereinafter sometimes referred to as the "Authority"), for the payment of a certain sum of money, to wit: $197,420.00 in connection with the Kimball Redevelopment Project No. VA. R-46, which said sum has been appropriated by the Council in the City's current budget to said project of said Authority; and WHEREAS, ~36-7 of the Code of Virginia, 1950, as amended, expressly authorizes the City from time to time to lend, donate or advance money to such Authority, for its purposes; and WHEREAS, said Authority has advised the Council that it would propose to call upon the City, from time to time for advance payment by the City of certain of the City's obligation to said Authority as hereinabove set out, in order that said Authority initiate certain features of its approved project, all such advance payments to be credited by the Authority against the obligation of the City heretofore undertaken as the work is performed and payment therefor is due from the City, in which proposal this Council concurs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Auditor be, and is hereby authorized and directed to advance and pay to the City of Roanoke Redevelopment and Housing Authority, as and when request therefor in writing is made to the City by said Authority, such sum or sums as, in the aggregate, do not exceed the total sum of $197,420.00 heretofore appropriated for the City's obligation for the Kimball Redevelopment Project No. VA. R-46. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy hereof to the Chairman of the aforesaid Authority. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1968. No. 18462. AN ORDINANCE authorizing and providing for the acquisition of an 0.07 acre parcel of land at the present northeasterly terminus of Bluefield Boulevard, S. W., upon certain terms and conditions, for street and storm drain purposes; and providing for an emergency. WHEREAS, in order to carry out certain portions of the 1967 bond issue capital improvement program relative to storm drain construction and to provide for the ultimate extension of Bluefield Boulevard, S. W., it is necessary to acquire the land hereinafter described; and WHEREAS, the Council is advised that William D. Robertson and Betty D. Robertson, owners of the land hereinafter described, have offered to grant and convey to the City an 0.07 acre parcel of their land, sufficient for the aforesaid pruposes, for the nominal consideration of $1.00, cash, and for the further consideration that curb and gutter be installed along approximately 75 feet of the frontage of their property, and that the parcel of land proposed to be conveyed be paved following completion of the installation of a storm drain thereupon; and WHEREAS, for the usual daily operation of the municipal government, an emergency is declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby accept the offer of William D. Robertson and Betty D. Robertson to grant and convey to the City in fee simple that certain 0.07 acre parcel of land, being 50 feet in width and lying adjacent to and at the present northeasterly terminus of Bluefield Boulevard, S. W., as the same is shown in detail on Plan No. 5132, prepared under date of November 22, 1968, in the Office of the City Engineer, a copy of which said Plan No. 5132 is on file in the Office of the City Clerk; and the City Attorney is hereby directed to prepare and to tender to said owners for execution and delivery back to the City a proper deed of conveyance in the premises; and, thereafter and upon execution and acknowledgment of said deed, the same shall be offered for recordation in the local Clerk's Office, after which the City Manager is hereby authorized and directed to cause the proper City departments to cause to be installed, at no cost to the said landowners, curb and gutter along approximately 75 feet of the remaining frontage of said property, and, further, to cause the parcel of land herein authorized to be acquired to be paved following completion of the installation of certain storm drainage facilities upon said parcel of land. 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 9th day of December, 1968. No. 18464. AN ORDINANCE providing for the City's acquisition of Parcel 029 for the City's Route 220 Project 0220-128-102, RW-201; amending Ordinance No. 18130, adopted April 29, 1968, to the extent provided herein; and providing for an emergency. WHEREAS, Ordinance No. 18130 of the Council, heretofore adopted on April 29, 1968, provided, among other things, that the City offer to acquire Parcel 029, needed for the construction of the City's Route 220 Project 0220-128-102 RW-201, from its owners named in said ordinance and to offer to pay therefor and as set out in said ordinance, the cash sum of $4,794.00, said parcel consisting of 2,000 square feet of land needed to be acquired by the City in fee simple, together with a temporary construction easement in an additional 900 square foot area of said owners' property; and WHEREAS, it appears to the Council from papers transmitted with a report of the City Attorney made under date of December 9, 1968, that certain ommissions may have been made in the appraisal heretofore made of the costs to said owners of making certain adjustments to their residue property, it being now recommended by the City Manager and by the Department of Highways that the sum of $5,344.00, rather than the sum of $4,794.00 as provided in said former ordinance, should be paid to said owners for the land and easement needed to be acquired by the City, in which recommendations this Council concurs; and WHEREAS, it is further reported to the Council that the aforesaid property owners are willing to sell and convey to the City the land and temporary easement herein described for the sum of $5,344.00 and have tendered to the City their executed purchase option made under date of June 21, 1968, and acknowledged November 20, and November 21, 1968; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. 467 468 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be and are hereby authorized and directed to accept, for and on behalf of the City, the written offer of Elizabeth H. Connelly and A. Vernon Poole and others, to grant and convey to the City, upon the City's payment to said owners of the total sum of $5,344.00, the following described land and easement, viz: Parcel..029, as shown on the Plans of Route 220 Project 0220-128-102, Riq-201, consisting of 2000 square feet of land in fee simple and a temporary construction easement in an additional 900 square foot strip or area of land, all in Official Tax No. 1160132; and, thereafter, upon delivery to the City of a good and sufficient deed of conveyance and of easement, approved as to form and sufficiency by the City Attorney, the City Auditor be, and he is hereby authorized and directed to pay to the aforesaid landowners, upon the City's check or checks drawn as directed by the City Attorney, the sum of $5,344.00, in consideration of their aforesaid conveyance. BE IT FURTHER ORDAINED that Ordinance No. 18130, adopted April 29, 1968, authorizing and directing the City's acquisition of certain parcels and land and easements needed by the City for construction of the aforesaid public project, be and said Ordinance is hereby modified and amended to the extent provided herein. 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 9th day of December, 1968. No. 18465. A RESOLUTION authorizing the negotiation of short-term loans for the purpose of paying current expenses or debts of the City. WHEREAS, this Council is advised and has determined that the City will need to negotiate and secure short term loans of money for the purpose of paying current expenses and debts of the City heretofore incurred; and WHEREAS, the amount of short term loans to the City herein after 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 469 expiring June 30, 1969, in such amounts as are necessary to pay current expenses and debts of the City heretofore incurred, the total amount of all such loans to the City outstanding at any one time not to exceed the aggregate sum of $3,000,000.00 and to use such of the proceeds of such loans as may be necessary to pay current expenses and debts of the City heretofore incurred. 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 four percent, (4%), per annum, payable quarterly, which said interest shall be payable from the General Fund, each such note to become due at such' time after date as the said City Auditor shall determine, not to exceed, however, 1 year after the respective dates of such notes, the City to reserve the right to anticipate the payment of the principal of any such note or any part thereof at any date prior to the maturity thereof, with interest thereon accrued to the date of such payment, and each such note to be in the form prescribed by the City Attorney, executed by the City of Roanoke, by its mayor, (the mayor of the City of Roanoke bein9 hereby fully authorized to execute said notes for and on behalf of the City of Roanoke), and the notes evidencing each of the several loans that may be made pursuant to the authorization herein contained to be payable in lawful money of the United States of America to a bank doing business in the City of Roanoke, or order, and to be signed for identification purposes, only, by the City 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. ATTE ST: ./City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1968. No. 18466. A RESOLUTION relating to the installation, removal and changing of street lights, pursuant to the City's contract for street lighting made with Appalachian Power Company. WHEREAS, Appalachian Power Company furnishes to the City, under its contract with the City made under date of December 7, 1959, and as subsequently amended, all of the City s requirements for street lighting at the schedule of rates and charges therein provided, said contract providing, among other things, that said 470 Company will locate said lights throughout the City at such points and to suspend or place them at such height and in such manner as the City Manager shall from time to time direct and approve so as to obtain the best distribution of light and, further, to change the location of any lamp at its own cost, at any time when required by said City Manager; and WHEREAS, the Council appropriates and provides annually in each fiscal year's budget a sum estimated to pay the cost of all such street lighting and of such new or additional lighting as is anticipated to be required during such fiscal year, billings for the cost thereof being made monthly to the City by said Company; and WHEREAS, the Council desires to lodge in said City Manager the general authority to determine the number, type, size and location of all such street lights furnished the City under the aforesaid contract, the cost of which, however, shall at all times be kept within the sums budgeted and appropriated therefor. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, except as may hereafter or from time to time be otherwise provided by the Council, the City Manager shall determine and direct the number, type, size and location of street lighting devices and equipment furnished to the City by Appalachian Power Company, pursuant to the written contract between said parties dated December 7, 1959, as the said contract has thereafter and from time to time been amended, provided, however, that the cost to the City of all such street lighting shall at all times be limited to and kept within the sums annually appropriated and budgeted by the Council for such prupose and provided, further, that each and every change by way of addition, deletion or change in the size, type or location of the street lighting now furnished the City by said Company shall be accomplished by said City Manager causing adequate and proper purchase order therefor to be issued by the City Purchasing Ag~ent to said Company, with copy thereof to the City Auditor. APPROVED ATTEST: ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1968. No. 18467. A RESOLUTION authorizing and directing that Gary E. Moorfield, an injured member of the Fire Department, be paid his regular salary for a certain additional period of time subsequent to his injuries. 47.1. WHEREAS, Gary E. Moorfield, a member of the Fire Department, injured in line of duty of July 19, 1968, has not returned to duty on account of said injury, and the City Manager has recommended that authorization be given for temporarily continuin9 payment of the regular s~lary to said employee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Gary E. Moorfield, a member of the Fire Department injured in line of duty on July 19, 1968, be paid his regular salary for an additional period not exceeding sixty (60) days, commencing as of November 20, 1968. ATTE ST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1968. No. 18468. 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 to maintain, when needed at Roanoke Municipal Airport, on stand-by basis, certain motorized equipment and to furnish operating personnel for the purpose of the timely removal of snow at said Airport, and has requested that the Council approve such arrangements and a schedule of payments to be made by the City for such services. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, witl~in 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, on stand-by basis durin9 the 1968-69 winter season, and provide operatin9 personnel for the use of said equipment 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 arrange- ments for compensation to said contractor by the City out of funds provided for the purpose be and are, similarly APPROVED, viz: EQUIPMENT USED ON SNOW REMOVAL Caterpillar ~12 Grader Caterpillar =14 Grader Caterpillar ~16 Grader Euclid 3-yd. Loader PER HOUR DRIVER 1968-69 $15.90 19.08 35.00 21.20 472 EgUIPMENT USED ON SNOW REMOVAL Michigan ~175 Loader Michigan ~180 Loader Caterpillar ~950 Loader Hough ~HH Loader Pickup Truck Foreman PER HOUR DRIVER 1968-69 $25 97 21 20 21 20 13 25 1 06 5 30 The Company will furnish a foreman with a pickup truck to keep time, supervise operators, coordinate the operation with City personnel and maintain equipment at a rate of $6.36 per hour. O~ne hour will be charged for moving each piece of equipment to and from the airport, when necessary; however, there will be no charge for moving equipment if such is done for the benefit of the Company. If it is necessary for the Company to rent equipment from other firms to supplement the above Company-furnished equipment, a charge to the City will be a rental cost from the other firms plus 15 percent. This additional equipment will be obtained and furnished only upon authorization of the City Manager. The cost of furnishing operators and fuel for any additionally rented equipment will be at the cost of the Company plus 15 percent. APPROVED ATTE ST: . ._r'-7 --~- ~-'~ ~i.- -/ ~ ~ - '~,; '~ .'.-~: - .City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1968. No. 18469. A RESOLUTION authorizing and directing the City Manager to enter into a contract with the Chesapeake and Potomac Telephone Company of Virginia by which would be accomplished the conversion of the City's present centralized PBX telephone network to the Centrex communication system, upon certain terms and conditions. WHEREAS, the City Manager has advised the Council that the present centralized PBX telephone system has become obsolete through recent technological advancements, that the City's telephone communication needs will substantially increase with the added requirements of the Auditorium-Coliseum and the Municipal Building Annex, and that more efficient telephone communication would be promoted within the City's operation by conversion to the Centrex type of telephone communi- cation system., such conversion to be at a nominal increase in cost to the City, in which advice the Council concurs. 473 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to enter into a contract with the Chesapeake and Potomac Telephone Company of Virginia, for a minimum period of three (3) years, by which the City's present PBX telephone system would be converted to that system known as Centrex, under terms and conditions to be approved as to content by said City Manager and to be approved as to form by the City Attorney, the fundin9 provisions of any such contract not to exceed, however, such funds as the Council may from time to time appropriate for the purpose. ATTEST: ty Clerk A P P ROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of December, 1968. No. 18470. A RESOLUTION relating to the sale of Christmas trees at certain locations in the City during the 1968 season. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to cause, upon request therefor, the necessary permits to be issued, which permits would allow the sale of Christmas trees, during the 1968 Christmas season, upon properties located at the southwest corner of Brambleton Avenue, S. W., and Fleetwood Avenue, S. W., and at the southeast corner of Brandon Avenue, S. W., and Grandin Road, S. W. APPROVED ATTE ST: ~iity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE., VIRGINIA, The 16th day of December, 1968. No. 18457. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of th City of Roanoke, 1956, as amended, and Sheet No. 128, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. 474 WHEREAS, application has been made to the Council of the City of Roanoke to have property on the northwesterly side of Franklin Road approximately 200 feet north of Beechwood Drive fronting 250 feet on Franklin Road and extending north- westerly therefrom 250 feet comprising an easterly portion of Official Tax Nos. 1280601 and 1280602 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 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 9th day of December, 1968, 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 Co_uncil, after considering the evidence as herein provided, is of the opinion that the hereinafter described land shoula 0e rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 128 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on the northwesterly side of Franklin Road approximately 200 feet north of Beechwood Drive fronting 250 feet on Franklin Road and extending northwesterly therefro, m 250 feet designated on Sheet 128 of the Sectional 1966 Zone Map, City o.f Roanoke, as an easterly portion of Official Tax Nos. 1280601 and 1280602, be, and is hereby, changed from C-l, Office and Institutional District, to C-2, General Commercial District, and that Sheet No. 128 of the aforesaid map be changed in this respect. AT TE ST: ty Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1968. No. 18458. 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. 222, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. 475 WHEREAS, application has been made to the Council of the City of Roanoke to have Lots 12, 13 and 14, Block 25, Map of Melrose Land Company, located on the north side of Melrose Avenue, N. W., between Thirteenth Street and Fourteenth Street and bein9 Official Tax Nos. 222191.2, 2221913 and 2221914, rezoned from RG-1, General Residential District, to C-l, Office and Institutional District; and WHEREAS, the City Plannin9 Commission has recommended that the herein- after described land be rezoned from RG-1, General Residential District, to C-l, Office and Institutional District; and WHEREAS, the written notice and the posted siqn 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 public hearin9 as provided for in said notice was held on the 9th day of December, 1968, at 2 p.m., before the Council of the City of Roanoke, at which hearin9 all parties in interest and citizens were 9iven an opportunity to be heard, both for and aqainst the proposed rezonin9; and WHEREAS, this Council, after considerin9 the evidence presented, 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, relatin9 to Zonin9, and Sheet No. 222 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 Melrose Avenue, N. W., between Thirteenth Street and Fourteenth Street, described as Lots 12, 13 and 14, Block 25, Melrose Land Co., designated on Sheet 222 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax Nos. 2221912, 2221913 and 2221914, be, and is hereby, changed from RG-1, General Residential District, to C-l, Office and Institutional District, and that Sheet No. 222 of the aforesaid map be changed in this respect. ATTE ST: ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1968. No. 18463. 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 commencin9 November 1, 1968, and extendin9 to October 31, 1969; and authorizin9 the City Manager to enter into requisite agreement with said Hospital in the premises. 476 WHEREAS, the Council is advised that a recent audit of the accounts and records of the Burrell Memorial Hospital Association, Incorporated, heretofore treating certified charity patients at the instance of the City, justifies and requires an increase in the daily rate, per patient, which was heretofore established and agreed upon between the City and said Hospital; and WHEREAS, the City Manager has recommended that the per diem rate for said Hospital's treatment and care of the City's indigent charity patients be established at the sum of $39.69 per day, per patient, for the period hereinafter provided, and that the out-patient and/or emergency room service for such patients be at the all-inclusive rate of $5.00 per visit; and WHEREAS, funds sufficient to pay for the estimated costs of such treatment have been appropriated by the Council for the purpose. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the per diem rate to be paid by the City to Burrell Memorial Hospital Association, Incorporated, for the treatment and care of patients certified to said Hospital by the City during the period commencing November 1, 1968, and extending to October 31, 1969, be increased from $31.01 per day, per patient, to the rate of $39.69 per day, per patient; and 2. That the rate to be paid by the City to Burrell lv~emorial Hospital Association, Incorporated, for outpatient and/or emergency room.service for its indigent or medically indigent patients be at the all-inclusive rate of $5.00 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. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1968. No. 18471. A RESOLUTION relating to the public sanitary sewer project to serve certain properties on Orange Avenue, N. E., between Tinker Creek and the east corporate limits, on 20th Street, N. E., north of Orange Avenue, and on 24th Street, N. E.; fixing and approving the amounts to be finally assessed against abutting property owners served by said sewers; and providing for the recordation of the amounts of said final assessments in the Judgment 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 certain properties abuttin9 the same on Oranqe Avenue, N. E., between Tinker Creek and the east corporate limits of the City, on 20th Street, N. E., north of Oranqe Avenue, and on 24th Street, N. E., has been completed and the total cost thereof and the properties to be served thereby have been apportioned and ascertained; and ~/HEREAS, on the 16th day of December, 1968, and after notice of public hearin9 published in a newspaper havin9 9eneral circulation in the City, once a week for two successive weeks, the last~ publication havin9 been made at least ten (10) days before the parties were cited to appear, the Council conducted a public hearin9 at the time and place desiqnated in said notice, at which public hearin9 abuttin9 owners were afforded an opportunity to show cause, if any they could, aqainst the amount of the final assessments proposed to be made aqainst said abuttin9 owners, the names of said abuttin9 owners and a description of their properties and the amount of each final assessment havin9 been shown on Schedule "B" dated October 28, 1968, published with the aforesaid notice; and WHEREAS, at the conclusion of said public hearin9 and upon consideration of the Council committee's report and of all objections thereto made by abuttin9 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 certain property owners and their propel ties abuttin9 on Orange Avenue, N. E., between Tinker Creek and the east corporate limits of the City, on 20th Street, N. E., north of Orange Avenue, and on 2dth Street, N. E., as said final assessments are set out in detail on Schedule "B" dated October 28, 1968, 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 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) percent per annum from and after February 1, 1969, 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" referred 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 current Judqment Lien Docket in his office requisite notation showin9 the amount finally assessed against each said property owner as set out and contained in Schedule "B" aforesaid. 477 478 APPROVED ATTE ST: / / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1968. No. 18472. AN ORDINANCE approving the City's acquisition of a certain easement for the construction and operation of a public water distribution main from an alley north of Syracuse Avenue, N. W. (formerly Watts Avenue, N. W.), northwesterly to the south line of Andrews Road as extended; authorizing construction of an 8-inch water main approximately two hundred' (200) feet long, within the right-of-way acquired in said easement, at the expense of the grantors in the deed of easement; providing for service connections to said water main pursuant to existing Rules and Regulations for the operation of the Water Department; and providing for an emergenc WHEREAS, the Council has been advised that there has been tendered to the City a deed of easement which would grant to the City a perpetual easement and right-of-way for the 8-inch water main proposed to be constructed at the expense of the grantors in said deed, within said easement area, said deed of easement having been approved as to form and sufficiency by the City Attorney; and WHEREAS, the location of said new right-of-way has been approved by the City's Water Department, and, for the usual daily operation of the City's Water Oepartment an emergency is set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby accept, and doth direct that there be recorded at the expense of the petitioner to this Council, the following described deed of easement which grants to the City a right-of-way for the construction, operation and maintenance of a certain public water distribution main, to-wit: Oeed dated Oecember 10, 1968, between Thomas H. Beasley, Jr., Charles E. Shockley, et al, and the City of Roanoke, granting and conveying to said City an easement 10 feet in width, extending from an alley north of Syracuse Avenue, N. W. (formerly Watts Avenue, N. W.), northwesterly to the south line of Andrews Road as extended. BE IT FURTHER ORDAINED that, after the construction of the aforesaid new water main, at the expense of the grantors in said deed, all properties abutting thereon and capable of being served thereby shall be permitted and required to conne to said new main with new individual service lines and meters, all such connections to be made in accordance with the Rules and Regulations for the operation of the City's Water Department, with the City's standard service connection fee to be paid by each property owner and each such connection to be made to the meter and service tap installed by the City for such purpose. 479 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 16th day of December, 1968. No. 18474. AN ORDINANCE amending Ordinance No. 18294, adopted August 19, 1968, approving the City Manager's report to the Council of his arrangement for certain emergency repairs and improvements to the Municipal Incinerator refractory, without previously advertising for or receiving bids therefor; limiting the sum to be expended therefor; and providing for an emergency. WHEREAS, by Ordinance No. 18294, the Council authorized and approved cert emergency repairs necessary to be made to the Municipal Incinerator and fixed the maximum amount to be expended therefor at the sum of $16,000.00, authorizin9 the City Manager to enter into contract with A. Lynn Thomas Company, Inc., of Richmond, Virginia, for the accomplishment of said repairs at certain unit price costs set out in said ordinance; and WHEREAS, the City Manager, in subsequent written reports made to the Council has advised the Council that, in the course of accomplishing the repairs first known to be required, additional defects have been discovered which are necessary and essential to be similarly repaired but which will increase the cost of all such emergency repairs to said incinerator; and the City Manager has recommended that he be authorized to extend the scope of the repairs contracted for pursuant to the aforesaid ordinance, the maximum cost of all such repairs under said contract to be the sum of $26,387.45 rather than $16,000.00; and WHEREAS, the Council, considering said reports, concurs in the City Manager's recommendations and is willing to approve the accomplishment of the addi- tional repairs found necessary to be made, the cost whereof shall be paid out of funds heretofore appropriated in the City's 1968-1969 budget for the repair of the Municipal Incinerator; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke thatthe City Manager be, and he is hereby authorized and directed, by supplemental agreement to be entered into with A. Lynn Thomas Company, Inc., of Richmond, Virginia, in 480 approved as to form by the City A'ttorney, to provide for the accomplishment of the following additional repairs and replacements to the Municipal Incinerator at a cost to the City as hereinafter set out, viz: For 18" thick solid firebrick walls, an additional 20 sq. ft. @$18.09/sq. ft ................ $ 361.80 For 13" walls, an additional 180 sq. ft. @ $14.85/ sq. ft .................................... 2,673.00 For suspended roof and charging openings an additional 100 sq. ft. @ $17.22/ sq. ft ........... 1,722.00 Additional tear out and replacement of 13-1/2" hard brick and insulation with 13-1/2" of super duty firebrick and in- sulating firebrick- ~1 Furnace - Back Wall Division Wail g2 Furn ace - Side Wal 1 190 sq. ft. 168 sq. ft. 99 sq. ft. 457 sq. ft. 457 sq. ft. @ $14.85 per sq. ft ................... 6,786.45 Total Cost of all such Additional Repairs and Replacements ................... $11,543.25 BE IT FURTHER ORDAINED that the total sum to be expended by the City for the repairs and replacements to the Municipal Incinerator pursuant to the provisions of Ordinance No. 18294, adopted August 19, 1968, and pursuant to the provisions of this ordinance shall be the gross sum of $26,387.45, to be paid out of funds heretofore appropriated for the purpose in the City's 1968-1969 budget; and that Ordinance No. 18294 be and is hereby amended to the extent provided herein. 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 16th day of December, 1968. No. 18475. A RESOLUTION relating to the relocation or adjustment of utility facilities in connection with the City's Franklin Road, S. W., Project 0220-128-103, C501, B601, B602. WHEREAS, the Virginia State Highway Department proposes to construct or otherwise improve a section of Franklin Road, S. W., designated as Project 0220-128-103, C501, B601, B602; and II 481 WHEREAS, the City is responsible for making arrangements for the adjustmen~ and/or relocation of existing utilities and for the installation of any new utility facilities; and WHEREAS, this Council i.s advised that by arrangements made by said Highway Department, utility companies involved in the project have agreed to support their own facilities during the period of construction, so that provision numbered 1 contained in Resolution No. 18409, adopted November 4, 1968, is not appropriate to the situation. 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 relocation and/or adjustment of all existing utility facilities, and for the installation of any 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 agrees 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 and disputes of whatever nature that may arise because of the delay; the utilities hereinabove referred to being identified as follows: Utility Owner. City of Roanoke Roanoke Gas Company The C ~ P Telephone Company Appalachian Power Company Type of Facility Sanitary Sewer and Water Gas Telephone Power BE IT FURTHER RESOLVED that the agreement above stipulated by the City of Roanoke shall be subject to the following, viz: The Virginia Department of Highways shall establish in the construction plans and specifications for the construction of the project a requirement for cooperation between the successful contractor and the utilities that may be involved in that portion of the project which requires the construction of a tempora~ trestle across the highway for the Norfolk and Western Railway Company and further requires the location and construction of a permanent structure for the support of the railroad tracks. BE IT FURTHER RESOLVED that Resolution No. 18409, adopted November 4; 1968 relating to relocation or adjustment of the aforesaid utility facilities, be and said resolution is hereby REPEALED. ATTE ST: :~i-' ~ '~":/~i-i~-~ '~' "~'"~C i t i Cierk~:~" ...... APPROVED Mayor 482 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1968. No. 18476. A RESOLUTION relating to the sale of Christmas trees at a certain location in the City during the 1968 season. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to cause, upon request therefor, the necessary permit to be issued, which permit would allow the sale of Christmas trees, during the 1968 Christmas season, upon property located at the northeast corner of Melrose Avenue, N. W., and Country Club Drive, N. W. ATTE ST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1968. No. 18478. AN ORDINANCE to amend and reordain Chapter 5. Meat and Meat Products, of Title XIII. Health, of the Code of the City of Roanoke, 1956; and providing for an emergency. WHEREAS, State and Federal authorities having assumed the responsibility of providing after January 1, 1969, for the inspection of meat and meat products offered for human consumption in the City, and the City having heretofore made provision to terminate the meat inspection services heretofore offered by the City and as provided in Chapter 5, Title XIII of the Code of the City of Roanoke, it is deemed proper to amend and reordain the provisions of the aforesaid Chapter, so as no longer, after January 1, 1969, to require that the City maintain a meat inspection center and provide such inspection services, other regulatory provisions of said Chapter to continue in effect; and WHEREAS, for the usual daily operation of the municipal government an emergency is hereby set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Chapt 5. Meat and Meat Products, of Title XIII. Health, of the Code of the City of Roanoke 1956, as amended, be and said Chapter is hereby amended and reordained as Chapter 5.1 of said Title and Code, to read and provide as follows: ,r 483 CHAPTER 5.1. MEAT AND MEAT PRODUCTS Sec. 1. Definitions. For the purpose of this chapter the following words and terms shall be construed respectively to mean: Animal. Cattle, sheep, swine or goats. Farmer-producer. The person who raised the animal or who has owned such animal and kept it on his premises for a period of not less than ninety days. Meat. The edible part of the muscle of cattle, sheep, swine~or goats which is skeletal or which is found in the tongue, in the diaphragm, in the heart or in the esophagus, with or without the accompanying overlying fat and the portions of bone', skin, sinew, nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout or ears. Meat by-pr.oducts. Any edible part other than meat which has been derived from one or more cattle, sheep, swine or goats. Meat food product. Any article of food or any article intended for or capable of being used as human food which is derived or prepared in whole or in substantial and de- finite part from any portion of any cattle, sheep, swine, or 9oat, except meat extract and the like which are only for medicinal purposes and are advertised only to the medical profession. Meat product. Any part or all of meat, meat by-product and meat food product. Sec. 2. Displaying, handling, sale, etc., to comply with U. S. and state rules and regulations. No meat or meat product shall be displayed, held or offered for sale within the City unless such meat or meat product shall have been slaughtered, handled and/or processed under the rules and regulations of the United States Department of Agriculture's meat inspection service or those of the Virginia State Department of Agriculture meat inspection service, and unless the official legend of approval from one of the designated meat inspection services appears on the wholesale meat cuts and packages, which shall constitute satisfactory evidence that such meats and meat products are in compliance with the sections of this chapter. Sec. 3. Cured meat. This chapter shall not apply to cured meats. Sec. 4. Penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than fifty dollars nor more than one hundred fifty dollars. Sec. 5. Effective date of provisions of chapter. The provisions of this chapter shall be in effect on and after January 1, 1969. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in force and effect on and after January 1, 1969. APPROVED ATTEST: ~ity Mayor 484 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1968. No. 18479. AN ORDINANCE accepting the proposal of Sinclair Oil Corporation for furnishing regular and premium grade gasoline to the City Garage; for furnishing regular grade gasoline to the City's Water Department; and for furnishing premium grade gasoline to the City's Fire Department for the calendar year 1969, upon certain terms and conditions; rejecting all other bids received for furnishing the City's aforesaid gasoline requirements; and providing for an emergency. WHEREAS, the City has heretofore properly advertised for bids for supplying regular and premium grade gasoline for certain of the City's departments for the calendar year 1969 as said requirements are hereinafter mentioned; and WHEREAS, pursuant to said advertisement, six (6) bids were received and opened and read before the Council at its meeting held on December 9, 1968, whereupo all of said bids were referred to a committee to be tabulated and studied, .with report thereon to be made to the Council; and WHEREAS, said committee has reported to the Council its tabulation of all said bids and has made report thereon, from all of which it appears to the Council that the bid hereinafter accepted represents the lowest and best bid made to the City for furnishing the gasoline requirements of the several City departments hereinafter specified for the calendar year 1969, the Council having heretofore appropriated sums sufficient to pay for the cost of the gasoline proposed to be so furnished for the period ending June 30, 1969; and WHEREAS, for the usual daily operation of the municipal government and of its several departments, 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 as follows 1. That the proposal of Sinclair Oil Corporation to furnish to the City in transport truck deliveries for its City Garage's regular grade gasoline require- ments for the calendar year 1969, regular grade gasoline at its "Posted Consumer Tank Wagon Price" i.n Roanoke on day of delivery, less $0.0663 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 of Sinclair Oil Corporation to furnish to the City in tank wagon deliveries for its City Garage and its Fire Department those depart- ments' premium grade gasoline requirements for the calendar year 1969, premium grade gasoline at its "Posted Consumer Tank Wagon Price" in Roanoke on day of delivery, less $0.0697 discount per gallon, net 30 days, be, and said proposal is hereby ACCEPTED; 485 3. That the proposal of Sinclair Oil Corporation to furnish to the City in tank wagon deliveries its Water Department's requirements for regular grade gasoline for the calendar year 1969 at its "Posted Consumer Tank Wagon Price" in Roanoke on day of delivery, less $0.0538 discount per §allon, net, be, and said proposal is hereby ACCEPTED; 4. That the City's Purchasing Agent be, and he is.hereby authorized and directed to enter into requisite contract with the aforesaid bidder by purchase order or otherwise, for the supply to the City of the abovementioned gasoline requirements, each said contract or purchase order to be made or entered into in accordance with the provisions 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 5. That all other bids made to the City for the supply of the aforesaid gasoline requirements be, and said other bids are hereby REJECTED; the City Clerk to so notify each said other bidder and to express to each the City's appreciation of said bids. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. APPROVED ATTE ST: t Clerk ~ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1968. No. 18480. AN ORDINANCE accepting the proposal.of Adams Construction Company for furnishing, heating, hauling and applying certain asphalt and tar for the period from January 1, 1969, through December 31, 1969, upon certain terms and provisions; authorizing the Purchasing Agent to issue the requisite purchase, orders therefor; rejecting all other bids; and providing for an emergency. WHEREAS, at the Council meeting held December 9, 1968, and after due and proper advertisement had been made therefor, two (2) bids for the supply and deliver, to the City of its asphalt and tar requirements for the calendar year 1969 were opened and read before the Council and were referred to a committee for tabulation, study and report; and WHEREAS, said committee has reported to the Council, in writing, that the bid herein accepted is the lowest and best of the bids received by the City and should be accepted, and that funds have been appropriated sufficient to provide the funds necessary to pay for the supplies herein authorized to be purchased; and 486 WHEREAS, for the usual daily operation of the municipal 9overnment an emergency is set forth and declared to exist in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of .Adams Construction Company for furnishing, heating, hauling and applying, for the City, approximately 200,000 gallons RC-250 Asphalt; for furnishing, heating and filling the City's 400 gallon distributors with approximately 160,000 gallons RC-250 Asphalt; and for furnishing, heating, hauling and applying approximately 40,000 gallons RT-9 Tar, at $0.1665, $0.1598 and $0.28 per gallon, respectively, for the period commencing January 1, 1969, and ending December 31, 1969, 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; and 3. That the proposal of the other bidder for furnishing, heating, hauling and applyin9 such asphalt and tar be, and the same is hereby REJECTED; and the City Clerk shall so notify such other bidder and, in so doing, express the City's appreciation of its 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 16th day of December, 1968. No. 18481. AN ORDINANCE authorizing the employment of the services of Marcou, O'Leary and Associates for planning assistance to the City relative to the Federal Government Neighborhood Development Program; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council the desirability of exploring possible application of the Federal Government's Neighborhood Developmen' Program in the City of Roanoke, said program consisting of incremented year-to-year improvement and 'upgrading of one or more selected areas of a city; and WHEREAS, the City Manager has further reported to the CounCil that due to present restrictions in the City's planning staff, and considering time limitations, in order to investigate the feasibility of said program, it is necessary to employ the services of specialized planning consultants, and that the firm of Marcou, ~'Lear' 487 and Associates has offered to provide such needed services on the basis hereinafter authorized, in which recommendations the Council concurs; and WHEREAS, funds sufficient to pay for the services hereinafter authorized have been or are being appropriated or transferred, and, in order that time limitations relative to the study of the City's possible participation in the said Neighborhood Development Program be met, an emergency is declared to exist in order that this ordinance take effect Upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to employ the services of Marcou, O'Leary and Associates, Consultants, of washington, D. C., for planning assistance in studying the possibility of participation of the City of Roanoke in.the Federal Government's Neighborhood Development Program, on the basis of per diem expenses, the total of such expenses not to exceed the sum of $2,500.00; and the proper City officials are hereby authorized to pay to said consulting firm such amount as is certified by the City Manager to be due and owing upon completion of said consultants' services to the City, such amount, in no event, however, to exceed $2,500.OO. BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall 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 16th day of December, 1968. No. 18482. AN ORDINANCE to amend and reordain Section ~83, "Planning Commission," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council' of the City of Roanoke that Section ~'83, "Planning Commission," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: PLANNING COMMISSION ~83 Fees for Professional and Special Services (1) ........... $ 17,848.15 (1) Net increase .............. $2,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED 488 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of December, 1968. No. 18483. A RESOLUTION expressing the Council's policy with reference to administra- tion of certain provisions of Section 49 of the Comprehensive Zoning Ordinance - 1966, adopted August 29, 1966, as relates to applications for certificates of occupancy for nonconforming uses. WHEREAS, it has come to the attention of this Council that, despite the extensions of time provided in Resolution No. 17283, Resolution No. 17775 and Resolution No..18304, 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 occupan of a use made nonconforming by said ordinance must have made application to the Zoning Administrator for a certificate of occupancy on or before January 1, 1968. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it is the sense of this body that any owner or occupant of property the present use of which was made nonconforming by the enactment on August 29, 1966, of the Compre- hensive Zoning Ordinance - 1966, shali 6ave until March i, 1969, 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: ~ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1968. No. 18485. A RESOLUTION adopting a program for highway safety within the City of Roanoke; and providing for the transmittal of a copy of such highway safety program to the Governor of Virginia, through the State Highway Safety Division. WHEREAS, the City of Roanoke Highway Safety Commission, heretofore established and constituted by the Council pursuant to Chapter 562 of the 1968 Acts of the General Assembly of Virginia, has made report in writing to the Council at its meeting held December 9, 1968, with which said report has been transmitted an initial highway safety program for the City of Roanoke recommended to be adopted by the Council; and WHEREAS, the Council, upon consideration of the aforesaid report and highway safety program, concurs in the same. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council doth hereby concur in the report of the City of Roanoke Highway Safety Commission made to the Council under date of December 4, 1968, and doth hereby adopt the Highway Safety Program dated November 26, 1968, formulated by said Commission and transmitted with said report, all of which is on file in the Office os the City Clerk and to which reference is hereby made. BE IT FURTHER RESOLVED t'hat the City Clerk do forthwith transmit to the Governor of Virginia, through the State Highway Safety Division, an attested copy of this resolution and an attested copy of the Highway Safety Program, consisting of ten typewritten pages, hereinabove referred to and adopted by this Council. ATTE ST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 1968. No. 18486. A RESOLUTION expressing appreciation to Times' World Corporation for the recent publication of an article featuring the City's various capital improvements. WHEREAS, there appeared in the December 6, 1968, edition of the Roanoke World-News a comprehensive, illustrated and well-researched feature article in which the City's program of divers capital improvements was reported, said article having described the City's several capital improvements projects and having, further, elaborated upon the cost and progress of each such project; and WHEREAS, the Council desires to extend its thanks to those responsible for this excellent commentary which was of distinct service to the voters and citizens of the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth extend its appreciation to Times-World Corporation and to those responsible for the account of the City's capital improvements program recently published in the Roanoke World-News, and doth further congratulate such persons for the continued hig'h standa'rd of journalism exhibited in local matters.. BE IT FURTHER RESOLVED that ~the' City Clerk do transmit an attested copy of this resolution to Mr. M. W. Armistead, III, President of Times'-World Corporation APPROVED ATTEST: City Clerk Mayor 490 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of [iecember, 1968. No. 18487. A RESOLUTION providing for the establishment of the Roanoke Civic Center Advisory Commission; and appointing certain persons to membership thereof. WHEREAS, in anticipation of the completion of the Roanoke Civic Center, the Council desires to establish an advisory commission for the purpose of making recommendations to the Council regarding the use, operation and maintenance of said Roanoke Civic Center. THEREFORE, BE IT RESOLVEB by the Council of the City of Roanoke that there is hereby established the Roanoke Civic Center Advisory Commission, to be composed of six members, to serve in an advisory capacity to the Council in matters relating to the Roanoke Civic Center, the members and chairman of such commission to be appointed by the Mayor and to serve at the pleasure of the Council, without compen- sation, and to perform such duties as the Council may, from time to time, assign such commission. BE IT FURTHER RESOLVED that the Mayor's initial appointment of Mrs. Evelyn S. Turner, Messrs. Horace S. Fitzpatrick, Lawrence H. Hamlar, Robert ~. McLelland, Frank N. Perkinson, Jr., and John A. Kelley, Chairman, to membership on the aforesaid Advisory Commission, be, and each is hereby APPROVED. A P P g 0 V E D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA, The 16th day of December, 1968. No. 18488. A RESOLUTION relating to the appointment of members of the City's Budget Commission. 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 named freehold citizens, qualified in accordance with said Charter provisions; namely, Messrs. Charles N. Freeman, John Holliday Kennett, W. Bolling Izard and John L. Wentworth, whose duty it shall be to prepare and submit to the Council a proposed annual budge1 for the ensuing fiscal 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. 491 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Mayor's appointment of Messrs. Charles N. Freeman, John Holliday Kennett, W. Bolling Izard and John L. Wentworth as the freehold citizen members of the Budget Commission, provided for in Section 33 of the Roanoke Charter of 1952, as amended, be, and each is hereby approved. ATTE ST: /City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1968. No. 18473. AN ORDINANCE permitting the continuation of an encroachment of a building located at 1633 South Jefferson Street over an alley and over a street abutting said building, upon certain terms and conditions. WHEREAS, the owners of the buildings located at 1633 South Jefferson Street have requested that they be permitted to maintain the encroachment hereinafter descri over the alley and street abutting said property and that they be permitted to replac the existing one-story metal clad building with a cinder block building, said encroac - ment having existed from the construction of said building until the present, a perio4 of approximately forty years, and upon consideration of the request and pursuant to the authority vested in Council by Section 15.1-376 of the 1950 Code of Virginia, as amended, this Council is agreeable to said owners' proposal and is willing to permit said encroachment hereinafter mentioned upon the terms and conditions herein containe, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be and is hereby granted to E. H. Wimmer and Grace W. Wimmer, the owners of Lot 9, Section 5 of Pleasant Valley Land Company Map located at 1633 South Jefferson Street, further described as Official Tax No. 103-19-02 to maintain an encroachment over an alley abuttin9 the aforesaid property and to replace the existin metal clad building with a cinder block building in the same location, the said encroachment consisting of an extension of approximately 13.79 feet into said alley, and being more particularly shown on the plat of survey by C. B. Malcolm g Son, S. C. E's., dated November 15, 1968, such encroachment to be safely maintained at the expense of said permittees, their successors or assigns in accordance with such of the City's building regulations and requirements as are applicable thereto and that permission be and is hereby granted to Robert Goodykoontz and Nell Neil Goodykoo tz, the owners of Lots lO and Il, Section 5 Pleasant Valley Land Company Map at 1633 South Jefferson Street bearing Official Tax No. 103-19-03 to maintain an encroachment over the alley abuttin9 the aforesaid property and over the street abutting the same, ed 492 the said encroachment consisting of a brick building wall extending approximately 0.12 feet into Whitmore Avenue, S. W., and extending approximately 0.53 feet into said alley, which encroachment is more particularly shown on the aforesaid plat of survey, such encroachment to be safely maintained at the expense of said permittees, their successors and assigns in accordance with such of the City's building regula- tions and requirements as are applicable thereto; the maintenance of the aforesaid encroachments to be subject to the limitations contained in Sec. 15.1-376 of the 1950 Code of Virginia, abovementioned, said encroachments, further, to be limited to the life of the existing building and cinder block replacement, and the permit herein granted to be revocable at the will of the City Council, and it to be agreed by said permittees and to be evidenced by their execution of an attested copy of this ordinance that said permittees, their successors and assigns, will 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. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by said permittees and shall have been admitted to record, at the expense of said permittess, in the deed books in the Clerk's Office of the Hustings Court of the City of Roanoke. City Clerk APPROVED Mayor 1968: ACCEPTED and EXECUTED by the undersigned this day of E. H. Wimmer Grace W.' ~immer Robert Goodykoontz Nell Nei.1Goodykoontz ( SEA ( SEA ( SEA ( SE~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1968. No. 18477. AN ORDINANCE authorizing the City's conveyance to Extendicare, Incorporate its successors or assigns, of a non-exclusive, perpetual easement for the use of a certain strip of land on the northwest side of Edgewood Street, S. W., upon certain terms and conditions. L) ,) 493 WHEREAS, heretofore, by Ordinance No. 18086 of the 8th day of April, 1968, the Council of the City of Roanoke accepted the offer of Fred P. Bullington and Aylett B. Coleman to acquire from the City a non-exclusive, perpetual easement to be used for purposes of a private accessway leadin9 from Edgewood Street, S. W., northwesterly across Mud Lick Creek to certa in other property owner or to be acquired by said persons, being therein more particularly described; and WHEREAS, by deed dated the 23rd day of May, 1968, of record in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, in Deed Book 1237, page 581, the City of Roanoke conveyed the easement hereinabove referred to unto Aylett B. Coleman and Fred P. Bullington; and WHEREAS, by deed dated July 26, 1968, of record in the Clerk's Office of the Hustings Court for the City of Roanoke, Virqinia, in Deed Book 1242, page 31, the said Aylett B. Coleman and Fred P. Bullington and others conveyed said easement unto Extendicare, Incorporated, who, by said deed also purchased the property to which said easement was appurtenant; and WHEREAS, the said Extendicare, Incorporated, desires to construct a building upon the property acquired from the said Aylett B. Coleman and Fred P. Bullington and an adjacent parcel, all of which is to be used as a nursing home with extenueu care facilities, and has found that the best use could be made of its property if the easement heretofore granted by the City of Roanoke could be relocated as hereinafter described; and WHEREAS, the City Manaqer, after careful consideration, has recommended that the easement granted as herein above referred to be relocated as hereinafter set forth with the City to reserve certain rights as hereinafter set forth; and WHEREAS, the Council, after considering the matter, is of the opinion to concur in the recommendation of the City Manager and authorize the relocation of the easement as hereinafter provided, upon reconveyance of the easement heretofore granted, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of Extendicare, Incorporated, to acquire from the City a non-exclusive, perpetual easement to be used for purposes of a private accessway leading from Edgewood Street, S. W., northwesterly across Mud Lick Creek to certain other property owned or to be acquired by said persons and said easement being described as follows, namely: BEING an easement over a certain 75-foot long strip of land owned by the City abutting the northwest line of Edgewood Street, S. W. , and extending northwesterly into or across Mud Lick Creek, the southwesterly line of which said easement area is the northeasterly line of Parcel No. 2 and the property of Fuel Oil and Equipment Co., Inc., all as shown on Plan No. 4171 prepared in the Office of the City Engineer, a copy of which is of record in the Clerk's Office of the Hustings Court of the City of Roanoke, in Deed Book 981, page 214; in consideration of the reconveyance to the City of Roanoke of the easement heretofor~ granted to Aylett B. Coleman and Fred P. Bullington, or their assigns, pursuant to Ordinance of the City of Roanoke No. 18086, be accepted; and 494 BE IT FURTHER ORDAINED that, upon execution of a deed of correction or other appropriate conveyance wherein said easement heretofore conveyed to Aylett B. Coleman and Fred P. Bullington, or their assigns, by deed dated May 23, 1968, of record in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia,i! i! in Deed Book 1237, page 581, shall be reconveyed to the City of Roanoke, the Mayor an~d the City Clerk shall ,be and they hereby are, authorized and directed to execute and to seal and attest, respectively, the City's deed or deed of correction conveying the! easement hereinabove described, respecting the aforesaid property, same to be made to Extendicare, Incorporated, a Delaware corporation, its successors or assigns, and to contain a reservation to the City of the City's full right and privilege, not- withstanding the grant of said easement, to at any time use said easement area, or any portion thereof, for any public purpose of the City, including, among other things, public drains, culverts, water lines, sewer lines, or for the put.se of any public utility, said deed or deed of correction, otherwise, to be upon such form as is prepared and approved by the City Attorney. APPROVED ATTE ST: Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1968. No. 18484. AN ORDINANCE providing for the sale and conveyance of a triangular-shaped parcel of land located on the southeasterly corner of Sixth Street and Jamison Avenue, S. E., bearing Official T-ax Number 4013009, upon certain terms and condition WHEREAS, offer has been made by the First Foursquare Church, and the accep ance thereof has been recommended by the Council's Real Estate Committee, providing for the sale to the Trustees of said church of certain lands owned by the City, upon the terms hereinafter described, in which recommendation Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of the First Foursquare Church to purchase that certain residue portion of Lot 1, Block 20, according to the ~lap of Belmont Land Company, lying adjacent to the southeasterly corner of Sixth Street and Jamison Avenue, S. E., and bearing Official Tax Number 4013009, owned by the City and acquired from Nellie Fisher Andrews, et al by deed dated July 7, 1965, of record in the local Clerk's Office in Deed Book 1184, at page 118, for the consideration of $50.00, the City, however, reserving in the deed of conveyance of said parcel any necessary easement for public street purposes; said deed of conveyance, further, to contain a covenant on behalf of the grantee tha the grantee shall not hereafter sell or convey the property or any interest therein without having first offered in writing to sell and reconvey said property to the City for the sum of $50.00 cash; and said deed of conveyance, also, to be subject to any and all recorded restrictions, conditions and easements affecting the title to said property, be, and said offer is hereby ACCEPTED; and the Mayor and the City Clerk be, and each is hereby authorized and empowered to respectively execute on behalf of the City and to seal and attest the City's deed of conveyance of the fee simple title to said property to the Trustees of the First Foursquare Church, said deed to be prepared by the City Attorney and to contain the City's General Warranty and Modern English ~Covenants of title; and, thereafter, the City Attorney is author- ized to tender to the Trustees of the First Foursquare Church, or their authorized agent, the City's deed in the premises, upon payment of the aforesaid purchase price of $50.00. ATTE ST: / City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF RoAN'oKE, VIRGINIA, The 23rd day of December, 1968. No. 18491. AN ORDINANCE to amend and reordain Section ~45, "Police Department," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of 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 1968-69 Appropriation Ordinance, be, and th, same is hereby, amended and reordained to read as follows, in part: POLICE DEPARTMENT Printing and Office Supplies (1) .......................... $ 5,808.C0 Operating Supplies and Materials (2) ...................... $ 9,692.00 (1) Net increase ......................... $308.00 (2) Net decrease ............................ $308.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall in effect from its passage. ATTE ST: '/ .... ~ity Clerk APPROVED Mayor 495 11 496 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1968. No. 18492. A RESOLUTION ratifying and approving the City's application for grant under Title VII of the Housing Act of 1961, as amended; accepting the Grant Offer issued thereon for Project No. Va. 0SC-29, and authorizing the City Manager to execute a Contract for Grant as evidence of the City's acceptance thereof; authorizing the City Clerk to affix thereto the City's seal and to attest the same; and directing the City Manager to forward the executed documents to the Government. WHEREAS, the City of Roanoke has heretofore submitted an application to the United States of America, Department of Housing and Urban Development, for a grant under Title VII of the Housing Act of 1961, as amended, with respect to a certain project identified as Project No. Va. 0SC-29, for the purpose of carrying out a certain open-space land project designated in said application; and WHEREAS, the Government has approved the said application subject to certain conditions and has submitted to the City, for approval and execution by the City, a certain Contract for Grant to the City in an amount equal to 50 percent of th total actual cost of acquisition of the land referred to in said Contract for Grant, or in the amount of $22,000.00, whichever is less; and 50 percent of the actual cost of the development activities, or in the amount of $25,000.00, whichever is less, identified as Contract No. Va. OSC-29(G), which said Contract is satisfactory. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, the governing body of said City, that the City's application to the United States, Department of Housing and Urban Development, for grant for carrying out a certain open-space land project therein described be, and is hereby ratified and approved, and that the Government's offer to the City of a grant under Title. VII of the Housing Act of 1961, as amended, with respect to said project, identified as Project Va. OSC-: be, and said offer is hereby ACCEPTED; and that a certain Contract for Grant, identi- fied as Contract No. Va. OSC-29(G), be and the same is hereby APPROVED, said Contract for Grant being in the following words and figures, viz: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (OPEN-SPACE LAND PROGRAM) CONTRACT FOR GRANT TO ACQUIRE AND DEVELOP LAND FOR OPEN-SPACE PURPOSES HUD-318OaC ( 1-67 ) CITY OF ROANOKE Name of Public Body V a. 0SC-29 project No. Va. 0SC-29(6) Contract No. :9, PART I. THIS Contract, consisting of this Part I and the attached Terms and Conditions Part II, Form HUD-3180B (5-68), effective on the date set out below, by and between CITY OF ROANOKE (herein called the"Public Body") and the United States of America (herein called the "Government"), WITNESSETH: In consideration of the mutual covenants and representations hereinafter contai the parties hereto do agree as follows: SEC. 1. PURPOSE OF CONTRACT The purpose of this Contract is to provide Federal financial assistance to the Public Body in the form of a grant of Federal funds (herein called the "Grant") unde Title VII of the Housing Act of 1961, as amended, for the purpose of carrying out a certain open-space land project (herein called the "Project") and to state the terms and conditions under which such assistance will be extended. SEC. 2. THE PROJECT (a) The Public Body agrees to undertake, carry out and complete the acquisitio of fee simple title in and development of that certain land located in the City of Roanoke, Virginia and described in the attached Exhibit A made a part hereof by refer thereto. The Public Body agrees to demolish the structures on the developed land and to clear the site for the development of the land for open-space uses, as set forth in this Section, if the Project involves the acquisition and clearance of developed land. The Public Body agrees to develop the land in the manner and with the improvements described as follows: A combination football and baseball fenced field and paved basketball courts wh'ich will be lighted for night play; paved and fenced tennis courts; complete park shelter with restrooms and storage; picnic tables; stationary cookin9 ovens; water fountains; playground equipment; concession stand and restrooms; paved parkin9 area; landscaping and tree planting. (b) The Public Body agrees to retain said land, as developed, for permanent open-space purposes, and the open-space use or uses of said land shall be for park and recreational purposes, conservation of land and other natural resources, or historic or scenic purposes. SEC. 3. THE GRANT In order to assist the Public Body in carrying out the Project, the Government agrees to make a Grant in an amount equal to 50 percent of the total actual cost of acquisition of the land, or in the amount of $22,000., whichever is less; and 50 percent of the actual cost of the development activities, or in the amount of $25,00( whichever is less. SEC. 5. TIME OF PERFORMANCE The Public Body agrees that it will: (a) Complete the acquisition of the open-space land within 12 months following the date of this Contract. (b) Complete the development activities within 24 months following the date of this Contract. SEC. 6. COUNTERPARTS OF THE CONTRACT This Contract may be executed in 2 counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument SEC. 7. SPECIAL CONDITIONS None. IN WITNESS WHEREOF, this Contract has been executed in the name and on behalf of the Public Body by the undersigned officials and in the name and on behalf of the Government by the undersigned official, as of ed, ~nce 497 498 (SEAL) ATTE ST: CITY OF ROANOKE (Public Body) ,Cit, y, Clerk (Signature) Virginia L. Shaw,. City. C. lerk (Type Name and Title) By City Man a.qer (Signature) Julian F. Hirst,. City Mana.qer (Type Name and Title) UNITED STATES OF AMERICA Secretary of Housing and Urban Development By. Assistant Regional Administrator for Metropolitan Development, Region II BE IT FURTHER RESOLVED that the City Manager be and is hereby authorized and directed to execute the said Contract for Grant in the name and on behalf of the Cit of Roanoke, in as many counterparts as may be necessary, and that the City Clerk be and is hereby authorized and directed to affix or impress the official seal of said City thereon, and to attest the same; and that the City Manager is directed to forwa~ the said executed counterparts of the said Contract to the Government, together with such other documents evidencing the approval and authorization to execute the same as may be required by the Government. ATTEST: / City Clerk APPROVED Mayor CERTIFICATE I, the undersigned, hereby certify: (1) that I am the duly appointed, qualified and acting City Clerk of the City of Roanoke, Virginia, designated in the foregoing Resolution Authorizing Execution of Contract for Grant, being Contract No. Va. OSC-29(G); (2) that I am the custodian of the records of the Applicant includin the records of its governing body, the Council of the City of Roanoke; (3) that the foregoing copy of the said Resolution is a true and correct copy of the said Resolu- tion as adopted at a duly authorized meeting of the said Governing Body held on December , 1968, and on file and of record; (4) that the said meeting was duly convened and held in accordance with all applicable laws and regulations, that a legal quorum was present throughout the meeting, that a legally sufficient number of members of the said Governing Body voted in the proper manner for the adoption of th~ said Resolution, and that all other requirements for the proper adoption of the said Resolution were fully observed; and (5) that no action has been taken by the said Governing Body or the said City to reconsider, amend or rescind the said Resolution. 499 IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Roanoke this day of , 1968: Virginia L. Shaw, City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1968. No. 18493. AN ORDINANCE amending Section 3, Chapter 9.1, Title XIII, of the Code of the City of Roanoke, 1956, relating to housing and hygiene, by the addition of a new subsection designated (h), which would provide additional duties for the Board of Housing and Hygiene; and providing for an emergency. WHEREAS, the City Manager has recommended to the Council the advisability of making a certain amendment to the pr~risions of the Housing and Hygiene Ordinance of the City of Roanoke, relating to the duties of the Board of Housing and Hygiene, said ordinance having heretofore been adopted as Ordinance No. 17141 on August 1, 1966; and WHEREAS, upon consideration of the proposal, the Council deems an emergency to exist which is hereby set forth, in order that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: that Section 3, Chapter 9.1, Title XIII, of the Code of the City of Roanoke, 1956, be and said section is hereby amended by the addition of a new subsection, to be designated (h), to read and provide as follows: (h) In addition to the other duties prescribed in this section, the board of housing and hygiene shall serve in an advisory capacity to the commissioner of health and, through such officer, to other persons concerned in or affected by the administration and enforcement of the various provisions of the Housing and Hygiene Ordinance as the same relates to the environment of the city and of its citizens. BE IT FURTHER ORDAINED that, an emergency eXisting, this ordinance shall be in full force and effect upon its passage. APPROVED Mayor 5OO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1968. No. 18494. A RESOLUTION approving the establishment of a neighborhood general medical clinic at Burrell Memorial Hospital by the City of Roanoke District Health Department BE IT RESOLVED by the Council of the City of Roanoke that, the City Manager so recommending in his report made to the Council under date of December 23, 1968, said Council doth approve the establishment of a neighborhood general medical clinic in the outpatient facilities of the Burrell Memorial Hospital, the same to be accomplished by agreement to be entered into between said hospital and the City of Roanoke District Health Department effective on or about January 1, 1969, the full year's cost of which is ~estimated to amo, unt ~to t~he sum of $9,122.O0 to be paid, proportionately, by the City and the Commonwealth of Virginia as a part of the cost of the operation of said District Health Department. BE IT FURTHER RESOLVED that the Council doth hereby signify its present inten to make provision for payment of the City's share ~of the costs of operating said neighborhood medical clinic in the City's 1969-1970 Budget; and, further, that an attested copy of this resolution be transmitted to the Director of said District Heal Department. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1968. No. 18495. AN ORDINANCE to amend and reordain Section #21000, "Schools - Manpower Development and Training," of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the 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," of the 1968-69 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows, in part: h SCHOOLS - MANPOWER DEVELOPMENT AND TRAINING **21000 Personal Services (1) .................................... $ 36.759 85 Supplies (2) ............................................. 10,305 07 Equipment (3) ............................................ 525 14 Maintenance and Repairs (4) .............................. 1,400 O0 Fixed Charges (5) ........................................ 5,715 58 Other Costs (6) .......................................... 4,508 75 (1) Net increase--- (2) Net increase--- (3) Net increase .... (4) Net increase--- (5) Net increase--- (6) Net increase--- $7,130 O0 1,536 O0 170 O0 200 O0 799 O0 312 O0 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: / City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1968. No. 18496. AN ORDINANCE to amend and reordain certain sections of the 1968-69 Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government 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 1968-69 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: SCHOOLS - INSTRUCTION **2000 Personal Services (1) ................................. $ 8,372,451.00 SCHOOLS - PUPIL TRANSPORTATION **5000 Personal Services (2) ................................. $ 5,960.00 Supplies (3) .......................................... 750.00 SCHOOLS - IMPROVEMENTS AND BETTERMENTS **12000 Vehicular equipment (4) ............................... $ 6,000.00 (1) Net decrease (2) Net increase (3) Net increase (4) Net increase ........ $ 3,710.00 560.00 150.00 3,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: C~ty Clerk APPROVED Mayor a'o2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 1968. No. 18497. A RESOLUTION relating to the. late HONORABLE RICHARD T. EDWARDS. WHEREAS, the Honorable Richard T. Edwards, Judge of the Hustings Court of the City of Roanoke, departed this life on December 11, 1968, having presided over said Court with signal distinction and honor since December 21, 1964; and WHEREAS, possessed of an unusual combination of knowledge, humanity, sympathy and keen sense of justice, he had in the course of his career given much of himself to the community, serving, variously, as a member of the City Council, as the City's Mayor, as a member of the City's School Board and, lastly, as the Judge of its Hustings Court, but at all times as a leader in civic affairs and in the religious congregation of which he was a member; and WHEREAS, this Council senses in the passing of Judge Edwards the great loss which this community and the members of his family will be called upon to bear. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council doth hereby record its deepest regret at the passing of the HONORABLE RICHARD T EDWARDS the late Judge of the Hustings Court of the City of Roanoke, and does extend to the widow of Judge Edwards and to each member of her family in the time of their loss the sympathy of each member of this Council. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy of thi,S resolution to Mrs. Richard T. Edwards; and that the City Attorney tender to the judge presiding over the HuStings Court of the City of Roanoke another attested copy of this resolution and move that the same be ordered entered on the law order bo of said Court. ATTE ST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of December, 19/)8. No. 18498. A RESOLUTION authorizing a shortening of the working hours of certain City employees on December 24, 1968. WHEREAS, Christmas Day, 1968, falling on a Wednesday, the City Manager has recommended to the Council that he be authorized to arrange for a shortening of the working hours of employees in the City's offices and departments which are not engaged in performing essential functions of the City, in which recommendation the Council concurs. 6-O3 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manaqer a~d the Council-appointive officers of the City be, and are hereby authorized to permit such of the City's personnel who are not then engaged in performin9 necessary and essential services for the City to end their normal workday for the City on Tuesday, December 24, 1968, at 1:00 o'clock, P. M., on said day, rather than at 5:00 o'clock, P. M., provided, however, there be no disruption or cessation of the performance of any essential or necessary public services required to be rendered or performed by the City. ATTE ST: ~i~'t y Clerk APPROVED Mayor